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Home My WebLink About06/06/2018 AGENDA PACKETCITY COUNCIL 345 6"' Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 JUNE 06, 2018 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (As necessary...) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. I nvocation 3. MAYOR'S REPORT • Recognition of Lt. Luis Olan, Bremerton Police Department 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — May 16, 2018 C. Minutes of Study Session — May 23, 2018 D. First Amendment to the Washington State Office of Public Defense Grant Agreement No. 18491 E. Boom Truck Overhaul and Pre -Certification by American Crane Repair of Tacoma, WA F. Purchase of four (4) new Fairbanks Morse Dry -Pit Submersible Pumps from Granich Engineering Products, Inc. for Pump Stations OB -3, OB -4, KL -3 & KL -4 G. 20 -Year Land Lease Agreement with Donna Hammargren for Sewage Pump Station EB -4 H. Public Works Agreement with Hokkaido Drilling, Inc. for Contractor Services at Well 20 I. Bid Award to Core & Main for Replacement of Northlake Way Water Automatic Control Valves J. Contract Award to American Construction Company, Inc. for the Eastside Treatment Plant Outfall Replacement Project K. Contract Modification No. 2 amending the Professional Services Agreement with Murray - Smith, Inc. for the Eastside Treatment Plant Outfall Replacement Project L. Contract Award to NOVA Contracting for the Wastewater Treatment Plant Interceptor Upgrades Project M. Contract Award to Insituform Technologies, LLC for 2018 the Sewer Rehabilitation Project N. Vacant Land Purchase and Sale Agreement with Lynn S. & Frank A. Horton for the sale of three (3) Vacant Lots located on Sheldon Boulevard 6. GENERAL BUSINESS A. Special Transportation Study Agreement with the Washington State Department of Transportation for the SR303 Corridor Planning Study B. Parking Lease Agreement with the Port of Bremerton for the Lease of 30 parking spaces at the Washington Avenue Garage 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. From: City Council Sent: Wednesday, June 6, 2018 12;09 PM To: City Council Subject: Fwd: Comment Regarding A Proposed Moratorium on 8 -Year MFTE Attachments: imageOOI.png; ATT00001.htm; MFTE Itr.pdf; ATT00002.htm Attn: Council Members (FYI) Begin forwarded message: From: Sharon Adams <sharon soundwest roup.com> Date: June 6, 2018 at 12:03:34 PM PDT To: "cit .council ci.bremerLOn.wa.us" <cit .council ci.bremerton.wa.us>, "Greg Wheeler" <Gre ,Wheeler ci.brernerton.wa.us> Cc: "cart'@carvbozeman.com." cca car bozeman.coma, Jim Rothlin ¢'imryr'tofbremerton.org>, "Axel Strakeljahn (axels ortofbremertomor )" raxels@oortofbremerton.org>, Steve Rice <SRice@rfmarch.coma, "Charles Henderson'' echuckbasil mail.com>, Wes Larson <wes(Tsoundwestgroup.coma, "Mike Brown" <Mike soundwest rou .coma Subject: Comment Regarding A Proposed Moratorium on 8 -Year MFTE Dear All: Please see attached letter. Please do not hesitate to contact us if you have any questions or would like further information. Thank you. Best, Sharon Adams Executive Assistant 1 Investor Relations 1 Paralegal 0' 360-850-43981 F: 36o-850-1054 Nvw— .soundwestgroup.com ,r. SOUND I'ST C,Iii_IUP .. ., Dear Councilmembers It has come to our attention that the City Council is considering a moratorium on the 8 -year Multifamily Tax Exemption (MFTE) for the City of Bremerton. As you know, Sound West Group has been proposing a new multifamily development on the waterfront property recently purchased from the Port of Bremerton. This project, and other multifamily projects throughout the downtown as well as in East Bremerton (SWG just last week had a discussion regarding a prospective development in the vicinity of the Harrison Hospital) will likely not go forward without this important incentive. First, it is important to note the MFTE does not provide a tax break on the underlying land, which continues to be taxed; rather it provides a temporary tax exemption on the value of the improvements constructed by the developer. Once this exemption expires, the improvements go onto the tax role, and remain for the life of the building. As you know, development of multifamily apartments ground to a halt in the 1990s, and few new units were produced. In no small part, due to the MFTE program, there has been a small resurgence of housing development in recent years. Spyglass Hill and Fourth Street ("Quincy Square") would not have been financed or constructed without it. While the 8 year MFTE does not require the developer to build additional affordable housing (as does the 12 year MFTE), it does reduce annual operating expenses by the amount of the property tax, which allows a project to be a little more profitable at the outset, where otherwise it may not be. This amounts to a "head start" and helps level the playing field and offset risk for the local developer who otherwise faces the same construction costs as in Seattle; and, moreover is now trying to offset rising construction material costs (approximately 10% alone over the past year). Rents in Bremerton, while rising, are still, however, at 112 to 213 of Seattle levels, and inflation in material costs are now outpacing rents. The MFTE benefit also helps lenders rationalize lending to a project in Bremerton, and investors to invest. Admittedly, there is a growing demand for affordable housing in Bremerton. The City, however, needs all kinds of housing- affordable and low income, as well as housing for our middle-class workforce, families, and seniors. We are building much needed housing for Kitsap, and in that regard, one of the myths I will debunk here is that we are building "high end" housing for Seattleites. That is simply not true! 423 No ric A� Qnue. Suite 402 W w M Souiidwesrcroup.coni Phnnc: (360M.3-3813 Bremerton, WA 983;7 Fax: (.360)850-1054 tiOUNI) %N I_Y1't.rR0UP Over 39 percent of our residents at Spyglass Hill, for example, are Shipyard workers, active duty military or DOD employees. Over 98 percent of our tenant base are from Kitsap County. This quality of multifamily housing is meeting a real demand for our Kitsap County residents-- a demand that has been grossly under -served. We are getting strong demand, for example from Shipyard contract workers for extended stay units (several of those are leased on Spyglass, and more will be leased on Fourth Street/Quincy Square, and on Marina Square as well, if we are able to build that project). By the way, these "extended stay" workers are currently using hotels, and in turn robbing valuable space from the conference center, which otherwise would be able to hold many more conferences. The housing being incentivized by the MFTE is also bringing life back to our long vacant streets and people who shop for goods, services, and frequent our theaters, restaurants, galleries and bars. We have done the analysis, and rents will simply not sustain a 12 -year program in the City of Bremerton (in Seattle, in contrast, the "affordable level rents" practically equate to our "market rents"). We can speak from experience because we initially tried with this program on both Spyglass and Fourth Street, and rising costs drove us back to the 8 -year MFTE. As a developer we have sought to work with both Housing Kitsap and BHA to develop affordable housing. There are ways to get this done. Doing away with the 8 -year MFTE is not the way to accomplish this. SWG would be happy to meet with the council to explore ways to create more affordable housing, and to be an active partner in that endeavor. The proposed moratorium does nothing to accelerate the construction of new housing, and it would bring to a halt a program that has only started to yield positive results and contribute to our City's revitalization. Building more housing is one way to reduce housing costs. Not building housing- which is the likely result of the moratorium- will achieve nothing. Even a pause in the development process will cause uncertainty with our lender and investors putting our ability to go forward with this project at significant risk. We urge you not to put a moratorium on the 8 -year MFTE. 423 Pacific Avenue. Suitc 402 v►ww.soundwestgroup.com Phone: (360) 913-38 Bremerton, WA 98337 Fay: (360) 850-if154 'Developing Community with Vision and Integrity' Thank you kindly for your consideration. Very Truly Yours, Wes Larson Mike Brown 423 Pacific Avenue. Suite 402 www.soundwestgroup.com Phone: (360) 813-3813 Bremerton, WA 98337 Fax: (360) 850-1054 Bremerton contemplates tweaking property tax break for developers Josh Farley, josh.farley@kitsapsun.com Published 10:25 a.m. PT Sept. 30, 2017 htt s:H,Aww.kitsa sun.com/sto lnews/2017109/301bremerton-contem lates-tweakin - ro ertv- tax-break-developers/7187990011 BREMERTON — A ferry ride to Seattle is all that's needed to take in "the crane capital of the world," as local developer Wes Larson calls it — a city where surging rents and property values are currently driving a seemingly endless construction cycle. Such values are increasing in Bremerton, too, but not nearly to the same degree, said Larson, leader of Sound West Group, which has many projects around Kitsap County. It has taken local governments to sweeten the deal with tax incentives, even at times at the expense of existing property owners. The multifamily tax exemption (MFTE) is a "very powerful tool" that has made development in Kitsap County possible, he says. It allows developers of projects of at least 10 units to pay no property taxes on the value of the buildings for eight years. They still pay property taxes on the land. Developers can go further and receive a 12 -year exemption if they reserve at least one-fifth of the units for "moderate and low-income" residents, calculated using the average incomes of Kitsap County residents. To date, seven projects in Bremerton have received or are slated to receive the incentive since it was enacted in 2007. But it comes at a cost: city officials calculate approximately $50 more in property taxes per year on a $200,000 home for city property owners if and it's a big if — hundreds of new units open in the coming years. And, as the Bremerton City Council considers changes to it in the corning weeks, Larson cautions policymakers to tread cautiously: "You need to be really careful with removing the incentives that are barely working right now," he said. City officials are contemplating whether to pull back on the exemption and also steer developers more toward making units more affordable. "We want to make sure we're staying true to the council's intentions," said Andrea Spencer, the city's community development director. Council President Eric Younger said at a Wednesday meeting that the City Council has an obligation to balance how much taxpayers pay versus the need for affordable housing in the city. One option would be to require more low-income units to be built for the exemption. Another option is to scrap the eight-year exemption altogether. PJ Santos, a developer of the 606 apartments on Burwell and the first recipient of the incentive program, said of the project -- and ones he envisions for the future in Bremerton -- "wouldn't have happened, period." "It took us four years to pull in the right financing, even with the tax exemption," he said. Santos, now a vice president at Simpson Housing, a national firm specializing in multifamily projects, said he's been working with fellow developer Ron Sher, who owns the Harborside Parking Garage downtown and the old Bremer -Wyckoff building across the street from it. He believes hundreds of apartments are possible at both sites — but he doesn't think they'd pencil without maximizing the exemption potential. "It all comes down to the math involved," he said. Two of Sound West Group's projects -- the recently built 80 -unit Spyglass Hill and the still - under -construction 27 -unit Quincy Square have received approval for the eight-year exemption. Projects yet to be constructed but that have been approved by the city include the 109 -unit Rebekah's Pointe, near Evergreen -Rotary Park; the 58 -unit 242 Burwell project; and The Sage, a new 29 -unit apartment complex slated for Lower Wheaton Way near the defunct Bay Bowl and Harrison Medical Center. A seventh development, the 111 -unit Water, Wind and Sky project on Lower Wheaton spearheaded by longtime Seattle developer Mark Goldberg, has applied for, and is expected to receive the exemption, Spencer said. Port Orchard, too, has also adopted the exemption and already, a developer is constructing a 38 - unit complex on Orlando Street. Councilman Jerry McDonald, whose district includes much of the densely populated territory where the exemption is an option, pointed out at Wednesday's meeting that the city and its residents get no benefit if developers aren't enticed to build. "If they're not building ... we're not getting any tax money," he said. Councilman Richard Huddy disagreed. He told fellow members that the city's hit on its own property owners to the tune of $750,000 was "a fairly serious burden." "Frankly, I'd like to see that money used elsewhere," he said. Huddy, who said Bremerton has long been "the mecca of affordable housing," argued with councilman and mayoral candidate Greg Wheeler over that point. Wheeler said the city is seeing "double-digit percentage increases" on rent and property values throughout the city. "It's changing rapidly, not gradually," Wheeler said. The council will hold a public hearing and decide the future of the property tax exemption program Nov. I at the Norm Dicks Government Center, 345 Sixth St. Tacoma Walmart developer sues city and individual council members for $1.8 million By Kathleen Cooper - Staff writer August 28, 2014 12:51 PM Updated August 28, 2014 01:15 PM htt ://www.thenewstribune.corn/newslbusiness/article2587852U htm] The City of Tacoma's attempts to stop Walmart from opening in Tacoma cost a real estate developer $1.8 million, according to a lawsuit. Allenmore Medical Investors, the limited liability company controlled by developer Jeffrey Oliphant, filed suit in Pierce County Superior Court earlier this month. In addition to the city itself, the lawsuit names individual city council members and 20 unidentified city employees as defendants. I've asked for comment from the city. 1'il update this post should I receive one. UPDATE, 2:50 p.m: Elizabeth Pauli, the city attorney, called to say that the city was served with the lawsuit on Wednesday and had no other comment beyond that. ORIGINAL POST: The roots of the lawsuit are found in the events of the fall of 2011, when the city council quickly enacted a moratorium on big -box retail stores in fear that Oliphant's company planned to build a Walmart, the city's first, on land he was developing in Central Tacoma. The moratorium ultimately did not stop Walmart's arrival. The store opened in June 2013. The lawsuit contends that the moratorium itself was arbitrary. Specifically, using the legal phrasing, Oliphant contends the council and city staff's actions were "irrational, arbitrary and capricious, failed to serve a legitimate governmental purpose, were done for an improper purpose — a naked attempt to delay and prevent AMI's controversial but vested and entirely lawful development project from proceeding — and used improper means of accomplishing such improper purpose." The developer's lawsuit also claims that froin the time of the moratorium until construction began, city staff dragged their feet through all the remaining stages of the permitting process. For example, according to the lawsuit, city staff told the developer that the building permit wouldn't be issued until the developer met new conditions that included having all the buildings on the site be built at the same time, and that the businesses then would have to open at the same time. Walmart was the only confirmed tenant at that time, though Oliphant planned to develop several smaller retail pads on the site. Starbucks and McDonald's since have opened on two of those. Staff eventually backed down from that requirement, the lawsuit claims, after the developer and Walmart complained. The developer claims three big factors add up to $1.8 million in damages. Because of the delay, Oliphant had to pay more to the original property owner to extend his option to buy, and those payments didn't apply to the final purchase price; the price of the property itself went up as time went on; and the developer had to give Walmart a discount on its final purchase price once the store was built. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, imposing a moratorium on the acceptance of applications for eight (8) year Multifamily Property Tax Exemption for development of new market - rate housing. WHEREAS, on October 4, 2006, the City Council of the City of Bremerton, Washington, passed Ordinance No. 4968 adopting Chapter 3.78 of the Bremerton Municipal Code (`BMC") establishing exemptions from ad valorem property taxation for new multifamily housing in designated residential targeted areas of the City; and the Multi -Family Tax Exemption (MFTE) program was established to encourage residential multi -family growth in areas where there was insufficient housing opportunities; and WHEREAS, the MFTE adopted by the City allows new multi -family developments to be exempted from property taxes on the assessed improvement value for projects often (10) or more housing units. The exemption period is eight (8) years for market -rate housing and twelve (12) years for projects that incorporate affordable housing; and WHEREAS, since the adoption of the MFTE, the City has monitored the program and has adopted subsequent ordinances to modify the program to adapt with the changing market and expanded the targeted area to the City's urban centers where significant growth is anticipated yet development is still lacking; and WHEREAS, during the adoption of the MFTE program the City Council entered into findings that the housing market in Bremerton was a challenge and the MFTE program was determined to be a necessary tool to remain competitive for housing development in the region; and WHEREAS, currently the region, including Bremerton, has been faced with a housing crisis and a lack of housing supply, especially for the lower-income households; and WHEREAS, due to a lack of housing and the fact that current market conditions that may be more profitable, the MFTE incentive may not be necessary for development of market -rate housing and therefore the incentive may not be essential for the creation of market -rate housing to occur in Bremerton; and WHEREAS, the region and the City still lacks quality affordable housing and the MFTE is still a necessary tool to encourage development that supports our vulnerable population that lacks housing options; and Moratorium — Multi -Family Property Tax Exemption WHEREAS, the City is facing potential applications to utilize the MFTE and the City desires to ensure that there are adequate provisions for the review and consideration as they relate to affordable housing and the public benefit thereof; and WHEREAS, because the Bremerton Municipal Code's METE eight (8) year exemption may have impacts on the City's vulnerable population and rising tax burden, the protection of the public health, safety, and general welfare would be impacted by the utilization of the program prior to a review of the matter and potential changes to the program; and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports imposing a moratorium on the acceptance of all applications for 8 -year (market -rate) MFTE until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council; and WHEREAS, since it may not be in the City's best interest to accept applications for eight (8) year (market -rate) MFTE, the enactment of a moratorium on processing applications prior to holding a public hearing is necessary to protect the public health and welfare of the community; and WHEREAS, RCW 35.63.200 and RCW 36.70A.390 authorizes cities to adopt moratoriums for a period not longer than six months provided a public hearing is held within sixty (60) days of adoption; and WHEREAS, the purpose of this moratorium is to provide time in which the City Council may study its existing code and ordinances during this moratorium period; determine what, if any, reasonable regulation is necessary to mitigate the impacts, and prepare for new applications utilizing the MFTE program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals Incorporated The recitals set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. Moratorium. Due to the findings set forth herein and as authorized pursuant and subject to RCW 35.63.200 and RCW 36.70A.390, the Bremerton City Council does hereby declare a moratorium and an interim official control on the acceptance of applications for eight (8) year (market -rate) Multifamily Property Tax Exemption within the City. During said moratorium, no such applications shall be accepted and approved by the City of Bremerton. Chapter 3.78 BMC is hereby amended on an interim basis during the term of this moratorium pursuant to the terms and conditions of this ordinance. 2 Moratorium — Multi -Family Property Tax Exemption SECTIQN3. 12 -year a ordable housin-0 Annfications. Applications utilizing the twelve (12) year (affordable housing) exemption for Multifamily Property Tax Exemption are still allowed to be filed and accepted by the City. SECTION 4. PendingA,nlications. Substantially completed applications for eight (8) year Multifamily Property Tax Exemption, filed and accepted by the City prior to the effective date of this moratorium, shall not be affected by this moratorium. SECTION 5. Duration. The moratorium established herein shall be for a period of six months from adoption, unless extended as provided by law, subject to a public hearing being held within sixty (60) days of adoption of this moratorium and adoption of findings of fact justifying the moratorium. This moratorium shall terminate sixty (60) days from adoption if the City Council does not make findings of fact justifying the moratorium during a public hearing(s) held within that time period. This moratorium may also be terminated earlier by motion of the City Council. SECTION b. Public Hearing -Scheduled. Pursuant to RC W 35.63.200 and RCW 36.70A.390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of its adoption. A public hearing on this moratorium will be held by the City Council during its regularly scheduled Council meeting on June 20, 2018, or as soon thereafter, to hear public input on this matter. Immediately after the public hearing, the City Council shall adopt findings of fact on the subject of this moratorium, either justifying its continued position or terminating the moratorium. SECTION 7. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 8. Effective late. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2018 ERIC YOUNGER, Council President Approved this day of , 2018 GREG WHEELER, Mayor Moratorium — Multi -Family Property Tax Exemption ATTEST: City Clerk PUBLISHED the day of EFFECTIVE the day of _ ORDINANCE NO. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 2018 2018 R: 1LegaELegatlOrdinances\Community Dev'elopment\Moratorium - Multifamily Property Tax Exemption - Fina1.DOC 4 Moratorium — Multi -Family Property Tax Exemption Assessed Value of Exempt Property 100,000,000 50010001000 2018 Taxes (Levied) 7,400, 990 7,400,990 2018 City Assessed Value Absorbing Exemption 3,073,499,584 3,073,499,584 2018 AV Rate With Absorbing $100 M or $500 M 2018 Assessed Value Plus $100 M or $500 M 2.40800 3,173,499,584 2.40800 3,573,499,584 AV Rate Without Exemption 2.33212 2.07108 The following scenarios uses the 2018 total assed value, taxes levied, and current AV rate per $1,000 of property value/assessment. Scenario A! Assuming that a $100 million dollar tax exemption was included in the 2018 value of $3,073,499,584 with an AV rate of 2.40800. An average homeowner with an assessed value of $200,000 would pay $481,60 in property Tax, if the $100 million was not exempt, the value would be $3,173,499,584 with an AV rate of 2,3321 and the same homeowner would pay $466.42, saving $15.18 annually, Scenario B: Assuming that a $500 million dollar tax exemption was included in the 2018 value of $3,073,499,584 with an AV rate of 2.40800. An average homeowner with an assessed value of $500,000 would pay $1,204.00 in property Tax. If the $500 million was not exempt, the value would be $3,573,499,584 with an AV rate of 2.07108 and the same homeowner would pay $1,035.54, saving $168.46 annually. 2018 Taxes 2018 Taxes 2018 Taxes Without Without Ab- sorbinx Absorbing $100 M Absorbing $500 M $100 Million $500 Million 2018 Assessed Multi -Family Multi -Family Multi -Family Exemption Exemption Home Value Exemption Exemption Exemption (Cost to Homeowner) (Cost to Homeowner) 100,000 240.80 233.21 207.11 7.59 33.69 200,000 481.60 466.42 414.22 15.18 67.38 300,000 722.40 699.64 621.32 22.76 101.08 400,000 963.20 932.85 828.43 30.35 134.77 500,000 1,204,00 1,166.06 1,035.54 37.94 168.46 600,000 1,444.80 1,399.27 1,242.65 45.53 202.15 700,000 1,685,60 1,632.49 1,449.75 53.11 235.8S 800,000 1,926.40 1,865.70 1,656.86 60.70 269.54 900,000 2,167.20 2,098.91 1,863.97 68.29 303.23 1,000,000 2,408,00 2,332.12 2,071.08 75.88 336.92 The following scenarios uses the 2018 total assed value, taxes levied, and current AV rate per $1,000 of property value/assessment. Scenario A! Assuming that a $100 million dollar tax exemption was included in the 2018 value of $3,073,499,584 with an AV rate of 2.40800. An average homeowner with an assessed value of $200,000 would pay $481,60 in property Tax, if the $100 million was not exempt, the value would be $3,173,499,584 with an AV rate of 2,3321 and the same homeowner would pay $466.42, saving $15.18 annually, Scenario B: Assuming that a $500 million dollar tax exemption was included in the 2018 value of $3,073,499,584 with an AV rate of 2.40800. An average homeowner with an assessed value of $500,000 would pay $1,204.00 in property Tax. If the $500 million was not exempt, the value would be $3,573,499,584 with an AV rate of 2.07108 and the same homeowner would pay $1,035.54, saving $168.46 annually. PROJECT MFTE STATUS PERIOD 606 Apartments 12 Issued: Exempt through 2027 Spyglass Hill 8 Issued: Exempt through 2025 Evergreen/Rebekah's 12 Approval Pending Pointe Permit Issuance Sound West Quincy 8 Approval Pending Square Permit Issuance OneBuild Burwell -8i Approval Pending _ Permit Issuance The Sage Apts 12 Approval Pending Permit Issuance Water Wind & Sky 8 Approval Pending Permit Issuance Bay Vista Apts 8 Submitted POTENTIAL FUTURE PROJECTS Campbell Way Apts Marina Square Broadmoor Commons Eagles Tower Mill's Apts Soil Factory Redevelopment Riddell/Almira Development UNIT VICINITY COUNT 71 Downtown 73 Downtown 109 1 Evergreen Park vicinity 27 Downtown 56 Downtown 29 East Bremerton 111 East Bremerton 216 Bay Vista Subarea 16 East Bremerton 113 Downtown East Bremerton 224 Downtown 82 East Bremerton 20O East Bremerton 395 East Bremerton 00 r N r' L 0 0 N am log In Ln cn Ln I^ C* CD CD rN ■ CD rN Ln ■ BREMERTON CITY COUNCIL MEETING SPEAKERS LIST If you wish to provide COMMENT tonight, please print your NAME below Only include CONTACT info if you wish to receive a response... NAME CONTACT INFO (only if response is requested) Thank you for participating in your local City Government! SUBJECT: Claims & Check Register SUMMARY: AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 5A N/A June 6, 2018 Financial Services Michael Riley (360) 473-5303 Approval of the following checks and electronic fund transfers: 1) Check #'s 379276 through 379529 and EFT's 18553 through 18605 in the amount of $3,658,133.52. 2) Regular Payroll for the pay period ending May 15, 2018 in the amount of $814,839.27. 3) Regular Payroll for the pay period ending May 15, 2018 in the amount of $5,431.50. 4) Regular Payroll for the pay period ending May 31, 2018 in the amount of $854,070.12. 5) Retiree Payroll for the pay period ending May 31, 2018 in the amount of $52,702.92. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: o Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL M:� SUBJECT: Minutes of Meeting — Study Session Date: N/A May 16, 2018 COUNCIL MEETING Date: June 6, 2018 Department: City Council Presenter: Council President Phone: (360)473-5280 SUMMARY: The Minutes of Meeting held on May 16, 2018 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the May 16, 2018 Meeting Minutes as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, May 16, 2018 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, May 16, 2018, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6t" Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Tony Hillman, Kevin Gorman, and Pat Sullivan. Council Member Leslie Daugs was absent. Also present were City Attorney Roger Lubovich; Legislative Assistant and Acting City Clerk Lori Smith; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Reverend David Stewart of Mt. Zion Missionary Baptist Church. MAYOR'S REPORT • Highlights were provided on the City Weatherization and Minor Home Repair Program; Bremerton Fire Marshal's Office Stats; and 2018 Parking Goals and Strategies; • Parks & Recreation Director Jeff Elevado brought forward members of the Bremerton Garden Club who presented a $3,000 check to the City for use toward the Flower Basket Program; • John Powers, Executive Director of the Kitsap Economic Development Alliance presented a video and shared highlights from the "1s` Quarter 2018 Economic Development Report"; and • City employees Hans Nilsson and Milenka Hawkins -Bates shared their personal stories on how Neurofibromotosis (NF) has afflicted persons in their families; announced that May 17 was "National NF Day"; and to help bring more awareness, encouraged persons to participate in the NF Walk on September 15 in Tacoma with more details available on the City's Facebook page. PUBLIC RECOGNITION Gerald Harris, advocate for the homeless; Kim Siebens, Founder of "Their Voice", a non-profit organization that assists homeless pet owners, and an advocate for homeless; Richard LeMieux, Board Member of the Bremerton Foodbank, Board Member of the United Way Emergency Foodbank Program, and author of "Breakfast at Sally's"; Gregg Browngoetz, an advocate for the homeless; Regina Adamson, advocate for Kitsap's low income and homeless community; and Anna Maria Fasenacht each presented their own perspective on the homeless crisis including their vulnerability and at risk for being taken advantage of, challenging rental requirements, and lack of housing including an 8 -year waiting list for Section 8 housing. There were several who asked Mayor Wheeler and the City Council to please do more to help the homeless community including suggestions to set up an "emergency fund", a "Housing First Program", a "labor ready" shelter; and an "anti-dumping ordinance" to prevent homeless patients from not only being discharged too soon, but simply left on the street. Mayor Wheeler added that Kitsap County just passed a "One Year Plan" that includes help for homelessness and low income housing, and stated they are next working to pass a "Five Year Plan", which all cities will then follow. Terry Fessner mentioned he has now helped 8 homeless persons to relocate; but also presented a list of problems that he has had to deal with around his business due to a few homeless persons. Michael O'Shaughnessy, Executive Director with the Kitsap Rescue Mission provided a summary of all they are doing to help homeless persons, including servicing up to 190 persons a day. City Council Reg. Mtg. Minutes Wednesday, May 16, 2018 Page 2 of 4 CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 378886 through 379275, and EFT -V18496 through EFT -V18552 in the amount of $2,055,376.61; Regular Payroll for the pay period ending April 30, 2018 in the amount of $804,991.72; and Regular Payroll (Pay Out & Correction) for the pay period ending April 30, 2018 in the amount of $682.81 5B — Minutes of Meeting — May 2, 2018 5C — Minutes of Study Session — May 9, 2018 5D — Confirm Appointment of Ramesh Rabadia to the Lodging Tax Advisory Committee 5E — Confirm Appointment of Erik Pedersen to the Planning Commission 5F — Fleet Management Software License and Management Agreement with AssetWorks, LLC for use by the Equipment Services Division 5G — Interlocal Agreement with the Port of Bremerton for Design Oversight of the Puget Sound Industrial Center — Bremerton to Belfair Sewer Connection Project 5H — Purchase of Athletic Field Lighting System from Musco Sport Lighting, LLC for Manette Park Improvement Project There were no questions or comments from the public... 06:43:47 M/S/C/U (Gorman/Sullivan) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A — PURCHASE OF HURST EXTRICATION TOOLS FROM CURTIS TOOLS FOR USE BY THE FIRE DEPARTMENT: Chief David Schmitt stated that the Fire Department is going to purchase new extrication tools; the current extrication tools will become back up tools. The current extrication tools have been in operation since 2004. The extrication tools are on the Fire Rescue GPO under contract number 00000170. The cost total for the extrication tools and accessories is $51,642.28 which includes Washington State Sales Tax. There were no comments from the public... 06:47:30 Motion was made by Hillman and seconded by Gorman... Comments were made by Hillman; and questions were asked by Sullivan and Gorman, with responses provided by Chief Schmitt... 06:49:17 M/S/C/U (Hillman/Gorman) Move to approve the purchase of new Hurst Extrication Tools from Curtis Tools in the amount of $51, 642.28 including Washington State Sales Tax; and authorize the Mayor to finalize the purchase with substantially the same terms and conditions as presented. PUBLIC HEARING 7A — PUBLIC HEARING AND RESOLUTION NO. 3307 TO ADOPT THE 2019 CDBG/HOME POLICY PLAN; AND ANNOUNCEMENT OF THE RELEASE OF THE 2019 NOTICE OF FUNDING AVAILABILITY: Sarah Achaoui, CDBG Program Administrator, explained that the action before Council is adoption of the 2019 Policy Plan. The Policy Plan is a document which is updated yearly which sets parameters for the management of our HUD entitlement grant awards and provides specific information about the policies and regulations for the use of HUD CDBG and HOME funds. This plan was released on April 11th for public comment, and to date there have been no comments made. Staff is also announcing the release of the 2019 Notice of Funding Availability. President Younger opened the public hearing... With no comments received, President Younger closed the Hearing to the public; and opened for discussion with the Council... City Council Reg. Mtg. Minutes Wednesday, May 16, 2018 Page 3 of 4 06:54:40 Motion was made by Goodnow and seconded by Hillman... Comments were made by Hillman; and questions were asked by Gorman, Hillman, and Huddy, with responses provided by Ms. Achaoui... 06:57:27 M/S/C/U (Goodnow/Hillman) Move to approve the Resolution No. 3307 adopting the 2019 CDBG/HOME Policy Plan. COUNCIL MEMBER REPORTS Richard Huddy enjoyed attending the Military Culinary Arts Competition and Armed Forces Festival Ambassadors Program; announced several Armed Forces Festival events planned for Saturday, May 19 including the Bremerton Central Lions Pancake Breakfast from 7:00 to 10:00 AM; the Armed Forces Day Parade from 10:00 AM to 1:00 PM; Heroes' BBQ from 11:00 AM to 1:00 PM; and the Navy Gala from 6:00 to 9:00 PM. The NAACP (Unit 1134) Freedom Fund Banquet will also be held that day beginning at 4:00 PM at the Kitsap Golf & Country Club; and Kitsap Harbor Festival on Friday, May 26 and Saturday, May 27 from 10:30 AM to 5:00 PM; and encouraged attendance at any of the several Memorial Day Remembrance events on Monday Michael Goodnow announced the next Forest Ridge Park Work Party would be on Saturday, May 19 from 9:00 AM to Noon; and in honor of the 71St Armed Forces Festival, he invited everyone to a special showing of "Torg, Tora, Tora" at the Roxy Theatre on Friday, May 18 at 1:00 PM. Tony Hillman announced that volunteers are welcome at the next Kiwanis Park Work Party on Saturday, May 26 from 9:00 to 11:00 AM; reported on the successful week long "National Women's Build" event hosted by Kitsap Habitat for Humanity; enjoyed attending the Admiral Theatre Preview event held last week; and looks forward to seeing everyone out in the community at the Armed Forces Festival events this weekend. Kevin Gorman announced the 1St Annual "Aaron Duffin Derby" Memorial Bike Ride on May 19 from 3:30 to 5:00 PM beginning at the Whitey Domstad Vista and ending at 5:00 PM at the Manette Saloon with a Spaghetti Feed Fundraiser; and looked forward to several Story Walk events hosted by Josh Farley of the Kitsap Sun, especially the "Bridging Bremerton" and Centennial Celebration throughout the day on Saturday, June 23 from 8:00 AM to 4:00 PM; and then beginning at 4:00 PM will be the Manette Centennial Pub Crawl. He also reported on his first "District 3 Meet & Greet", which he plans to continue once per month; and was impressed with the work being done by Kitsap Community Resources, and thanked them for providing him with a recent tour. Pat Sullivan enjoyed attending the Military Culinary Competition; looked forward to helping at the Pancake Breakfast during the Armed Forces Festival; encouraged the community to attend the Lebo Boulevard Ribbon Cutting Ceremony on Thursday, May 17 at 1:00 PM at the Sheridan Park Community Center; invited the community to attend the 2nd Annual Bremerton Police Department vs. Sluggers Beep Baseball Game on Saturday, June 2 at 11:00 AM at Lions Park; and announced that the City of Bremerton will be accepting applications from non-profit organizations who wish to apply for lodging tax funding until Thursday, July 12 at 5:00 PM. Eric Younger thanked everyone who provided comments earlier on the homeless situation, and in response to addressing the homelessness issue, pointed out that one of the Council Goals is to increase affordable housing, but also emphasized that he believes this was a regional issue, and not one that the City of Bremerton could solve on its own, so he would like to explore some of the things that other cities are doing to address the homeless crisis. On a positive note, he not only looked forward to attending the Armed Forces Festival this Saturday, but also looked forward to seeing his son participating in the parade this year. City Council Reg. Mtg. Minutes Wednesday, May 16, 2018 Page 4 of 4 With no further business, President Younger adjourned the Council Meeting at 7:20 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant APPROVED by the City Council on the 6t" day of June, 2018. ERIC YOUNGER, City Council President Attest: MIKE RILEY, Interim City Clerk EY:MR:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5C SUBJECT: Minutes of Study Session — Study Session Date: N/A May 23, 2018 COUNCIL MEETING Date: June 6, 2018 Department: City Council Presenter: Council President Phone: (360)473-5280 SUMMARY: The Minutes of Study Session held on May 23, 2018 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the May 23, 2018 Study Session Minutes as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, May 23, 2018 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 6t" Street, Bremerton, Washington, Wednesday, May 23, 2018, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Tony Hillman, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Younger emphasized that the Study Session is open to the public, but there will be no opportunities for input or participation; except for Item D, no action is anticipated; and the content of these items is subject to change. If approved by the Council, items will be placed on the June 6, 2018 City Council Meeting Agenda A. INFORMATION BRIEFING Briefing on a Park Use Agreement with Lions Short Film, LLC — Jeff Elevado, Parks & Recreation Director Information only B. LIMITED PRESENTATION PLANNED —The following are budgeted items... 1. First Amendment to the Washington State Office of Public Defense Grant Agreement No. 18491 Consent Agenda 2. Boom Truck Overhaul and Pre -Certification by American Crane Repair of Tacoma, WA Consent Agenda 3. Purchase of four (4) new Fairbanks Morse Dry -Pit Submersible Pumps from Granich Engineering Products, Inc. for Pump Stations OB -3, OB -4, KL -3, and KL -4 Consent Agenda 4. 20 -Year Land Lease Agreement with Donna Hammargren for Sewage Pump Station EB - 4 Consent Agenda 5. Public Works Agreement with Hokkaido Drilling, Inc. for Contractor Services at Well 20 Consent Agenda 6. Bid Award to Core & Main for Replacement of Northlake Way Water Automatic Control Valves Consent Agenda 7. Contract Award to American Construction Company, Inc. for the Eastside Treatment Plant Outfall Replacement Project Consent Agenda 8. Contract Modification No. 2 amending the Professional Services Agreement with Murray - Smith, Inc. for the Eastside Treatment Plant Outfall Replacement Project Consent Agenda 9. Contract Award to NOVA Contracting for the Wastewater Treatment Plant Interceptor Upgrades Project ConsentAgenda 10. Contract Award to Insituform Technologies, LLC for the 2018 Sewer Rehabilitation Project Consent Agenda 11. Special Transportation Study Agreement with the Washington State Department of Transportation for the SR303 Corridor Planning Study General Business 12. Vacant Land Purchase and Sale Agreement with Lynn S. & Frank A. Horton for the sale of three (3) Vacant Lots located on Sheldon Boulevard Consent Agenda City Council Study Session Minutes Wednesday, May 23, 2018 Page 2 of 2 C. GENERAL COUNCIL BUSINESS 1. Audit Committee Briefing (5/21/18 Meeting) — Committee Member Pat Sullivan 2. Finance & Parking Committee Briefing (5/22/18 Meeting) — Chair Richard Huddy 3. General Council Business was briefly discussed. President Younger announced a brief recess from 7:13 to 7:20 PM... D. EXECUTIVE SESSION President Younger announced a 20 -Minute Executive Session from 7:20 to 7:40 PM to discuss Pending Litigation which is allowed under RCW 42.30.110(1)(i) with no action anticipated; and a Real Estate Transaction which is allowed under RCW 42.30.110(1)(c). 07:41:00 M/S/C/U (Huddy/Sullivan) Move to authorize the Mayor to execute a Quitclaim Deed and other related documents to convey the City's interest, if any, in Tax Parcel No. 4985-006-001-0007 (now inactive and consolidated with Tax Parcel No. 4985-006-001- 0106) to the owner of Tax Parcel No. 4985-006-001-0106 at no cost, for the purpose of clearing title to the subject property. With no further business, President Younger adjourned the Council Study Session at 7:42 PM. Prepared and Submitted by: LORI SMITH, Legislative Assistant APPROVED by the City Council on the 6t" day of June, 2018. ERIC YOUNGER, City Council President Attest: MIKE RILEY, Interim City Clerk EY:MR:ls:cg AGENDA BILL 5 D CITY OF BREMERTON CITY COUNCIL SUBJECT: First Amendment to the Study Session Date: May 23, 2018 Washington State Office of Public Defense COUNCIL MEETING Date: June 6, 2018 Grant Agreement No. 18491 Department: Municipal Court Presenter: Dawn Williams Phone: (360)473-5242 SUMMARY: The Bremerton Municipal Court applied to the Office of Public Defense for additional grant money and was awarded a grant in the amount of $1,062.00. This grant money is to be used towards registration and travel for public defense attorney training in 2018. The grant was applied for on behalf of Ian DeVerna with the contracted firm of LaCross & Murphy. ATTACHMENTS: Amendment to Grant Agreement No. 18491 FISCAL IMPACTS (Include Budgeted Amount): The OPD grant is for $1,062.00 to be used only for public defense training and travel. This grant was applied for on behalf of the public defender's office and the City is just a pass through for these funds. There are no matching funds required. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept the First Amendment to the Washington State Office of Public Defense Grant Agreement No. 18491; and authorize the Court Administrator to finalize and execute the grant agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 First Amendment to Grant Agreement No. #18491 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee 2. Grantee Representative City of Bremerton Dawn Williams 345 6th Street, Suite 600 Court Administrator Bremerton, WA 98337 550 Park Ave. Bremerton, WA 98337 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 Joanne I. Moore PO Box 40957 Director Olympia, WA 98504-0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98544-0957 5. Additional Grant Amount 6. Grant Period $1,062 January 1, 2018 through December 31, 2019 7. Amendment Purpose This Amendment serves to provide Grantee additional funds in the amount of one thousand sixty two dollars ($1,062.00) for costs associated with registration and travel for public defense attorney training. The funds available through this Amendment constitute a one-time disbursement. This Amendment does not modify the funding amount available to Grantee in calendaryear 20191 as described in Grant Agreement No. GRT18491. The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of public defense services in Washington municipalities. The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the change described in section 7 of this Amendment. All other terms and conditions remain in full force and effect. FOR THE GRANTEE FOR OPD Name, Title Joanne I. Moore, Director Date Date Page 1 of 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Boom Truck Overhaul and Pre -Certification by American Crane Repair of Tacoma, WA 5E Study Session Date: May 23, 2018 COUNCIL MEETING Date: June 6. 2018 Department: Presenter: Phone: PWU/ERR Milenka Hawkins -Bates (360) 473-5333 SUMMARY: Per manufacturer's recommendation the 2018 budget includes funds to overhaul the PW&U Boom truck and pre -certify it for Washington State re certification. Two quotes were received with the first quote at $60,000 from Coast Crane Company (quote was from November 2016, they would not return communication to update the quote) and the second quote (Received April 2018) from American Crane Repair for $42,178.92 including Washington State sales tax. ATTACHMENTS: 1) Quote by American Crane Repair FISCAL IMPACTS (Include Budgeted Amount): $75,000 Budgeted in Fund 510 for 2018 STUDY SESSION AGENDA: x❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Boom Truck Overhaul and Pre -Certification by American Crane Repair of Tacoma, WA for the amount of $42,178.92 including Washington State sales tax; and authorize the Mayor to finalize and execute this purchase with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 American Crane Repair 16128 14th Ave E, Tacoma WA 98445 Office: 253-331-0133 ci11d-yfa),aEnericaneranere aip r.coiii Mobile: 253-331-0132 ohn(u)ai:ier•icaiicraiierc}ia_ii_,com Job: Rebuild Date 4/25/2018 Customer City of Bremerton Truck/C# Phone: 360-473-5621 Email toi1.W,).LIS POC Chuck Ernst Description Qty Rate Total Parts cost for rebuilt Labor 22-25 Ton Crane Rental Fortlift, 5K Travel Mileage Shipping and handling will be added We look forward to doing business with ,you 1 1 1 1 1 1 $23,518.31 $7,200.00 $4,686.50 $1,432.60 $1,260.00 $598.85 $23,518.31 $7,200.00 $4,686.50 $1,432.60 $1,260.00 $598.85 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Approval Signature Subtotal $38,696.26 Sales Tax 9.00% $3,482.66 Total $42,178.92 Shipping/handling will be added after any parts are ordered Name Qty Cost gilled Cost Naadad Farh Replace Linkage Pins Bearin • Fiber fide Journal 6 $23.95 $143.70 Adjustable Yoke End; 1 4in 8 $6.601 $52.80 Adjustable Yoke End; 5/16in 5 $7.631 $38.15 Yoke Pin Assembly 8 $5.851 $46,80 Yoke Pin Assembly 5 $3.85 $19.25 Rebuild winch Seal & Brake Kit; Winch 1 $862.39 $862.39 Kit Seal; Winch Only 1 $573.36 $573.36 Sprag Clutch Kit PRE-ASSEMBLIED 1 $3,510.00 S3,510.00 Check Valve Ass' 1 $189.54 $189.54 Bearing; Winch Brake Cylinder 1 $1,722.76 $1,722,76 Bearin • Ball Drum Support 1 $166.89 $166.89 Vent Plug 1 $4.00 $4.00 Ring Retainer rin snap) 1 $28.77 $28.77 O -Ring 3 $2.60 $7.80 Rebuild Shim 14 Ga 3 -Bolt 6 $3.91 $23.46 Boom Shim 10 Ga 3 -Bolt 6 $6.60 $39.62 Slider Pad 4.50in W 2 Holes 1 $9.40 $9.40 Slider Pad Sin W/ 2 Holes 2 $6.94 $13.88 Sldr.Pad 9in. 3 Holes 10 $15.60 156.00 Shim 18 Ga 3 -Bolt 12 $5.791 $69.42 Shim 14 Ga 3 -Bolt 12 $6.51 $78.16 Shim 10 Ga 3 -Bolt 6 $8.40 $50.39 Sldr Pad 9in 2 Inserts 2 $16.80 $33.59 Pad W Insert 1.5 x 5.0 x 0.38 16 $6.98 $111.70 Nut; Jam Nc 0.63 6 $2.60 $15.60 Nut; Jam Nf 0.88 6 1 $2.60 $15.60 Nut; Lock Elastic Nc 1.13 1 $5.33 1 $5.33 Bolt; SHOULDER 0.38 x 0.38 2 $2.65 $5.30 Mounting Plate 2 $121.68 $243.36 Boom Head Sheave Assembly 3 $288.83 $866.50 Sheave Ass 2 $446.47 $892.94 Sheave Assy; Retract 4 -Rope 1 $299.42 $299.42 Retract Sheave Sub -Assembly 2 $162.88 $325.75 Sheave Assy; Extend 4 -Roe 1 $1,292.40 $1,291.40 Bearin • Inner Race 1.25in 2 $6.92 $13.83 Bearin • Inner Race 1.75in 5 $12.03 $60.13 Bearin • Inner Race 1.6875in 2 $9.67 19.34 Bearing; Inner Race 3.50in 2 $30.99 $61.98 Rope Assy 0.63 x 528.00 Xip RI 2 $919.93 1 839.86 RopeAssy 0.63 x 528.00 Xip LI 2 $938.50 $1,876.99 Rope Assy 0.63 x 556.00 Xlp RI 1 $425.79 $425.79 Rope Ass 0.63 x 556.00 Xip LI 1 1 $425.79 $425.79 Rope Assy Retr 0.31 x 311.00 4 $245.27 $981.08 Rope Assy Retr 0.31 x 307.00 2 $303.41, $606.81 Pin; Sheave 3 $123.28 $369.84 Extend Sheave Pin 1 $143.96 $143.96 Pin; Retract Sheave 4 -Roe 1 $143.14 $143.14 Pin; Retract Sheave 2 -Roe 1 $125.40 $125.40 Pin; Retract Rope Anchor 1 $18.90 $18.90 Pin; Crowd Section Pivot 1 $83.20 $83.20 Pin 2 $14.47 $28.94 Pin .75 x 5in 2 $30.32 60.63 Snap Rin 6 $5.12 $30.73 Snap Ring #5100-350 2 $25.32 $50.65 Pin Cotter .156 X 2 $2.60 $5.20 Hair Pin Cotter; Otc# ikk252 4 $2.60 $10.40 Slider Pad 7in 3 -Hole 10 $8.52 $85.15 Pin; Cotter .125 x 1.00 4 JL60 $10.40 Shim 18 Ga 3 -Bolt 12 $4.20 $50.39 Rebuild Kit; Seal & Brake Gear Reducer 1 $2.144.69 $2.144.69 wine, Gear -box Additional Pa its Cone; Bearing 2 $239.79 $479.57 Cup; Bearing 2 $129.43 $258.86 Vent Plug 1 $4.00 4.00 Zerk Fitting 1/8 N t 1 $7.29 $7.29 Bolt; Hex Gr5 Nc 0.38 x 4.00 6 $2.67 $15.99 EP 80w90 Gear Oil 2.5 $7.18 $17.94 H d Filter 1 1 $36.40 $36.40 Donaldson Breather 1 $28.60 $28.60 46 w Oil 70 $13.75 $962.50 Misc. Hardware Package 1 $120.90 $120.90 Sub -total Parts only Labor 22-25 Ton Crane Rental Fortlift 5K Rental Travel -1 week, roundtrip Mileage -413 miles for 1 week TAX $23,518.31 $7,200.00 1 week $4,686.50 1 week $1,432.60 1 week $1,260.00 1 week $598.85 SUB -TOTAL OF ALL $38,696.26 $0.09 $3,482.66 TOTAL $42,178.92 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of four (4) new Fairbanks Morse Dry -Pit Submersible Pumps from Granich Engineering Products, Inc. for Pump Stations OB -3, OB -4, KL -3, and KL -4 5F Study Session Date: May 23, 2018 COUNCIL MEETING Date: June 6. 2018 Department: Presenter: Phone: PW&U/WWTP Pat Coxon (360) 473-5449 SUMMARY: The existing dry -pit submersible pumps at pump stations OB -3, OB -4, KL -3, and KL -4 have reached the end of their useful life, and need to be replaced. These pumps have been installed over seventeen years, and the required repairs to keep them on-line have reached the point to where it is no longer financially feasible. We requested a quote from Granich Engineering Products, Inc. for the direct replacement of these pumps at the cost of $14,347.13 each including Washington State Sales Tax and shipping. We did not request quotes from any other pump vendors as this is a direct bolt -in replacement pump without any added modifications by staff, and in 2017 we replaced the other four pumps. So this will complete the pumps upgrades for all four stations. A Sole Source Memo is on file for the previous purchase, and the justification is still applicable. ATTACHMENTS: 1) Quote from Granich Engineered Products, Inc. FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the 2018 WW CIP, with a budget of $80,000.00. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of four dry -pit submersible pumps from Granich Engineered Products, Inc. for $57,388.50 including Washington State sales tax and shipping; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION Form Updated 01/02/2018 ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Granich Engineered Products, Inc Quote Granich Engineered Products, Inc 1313 S 96"' Street Seattle, WA 98108 Phone: 866-859-2940 Fax: 206-315-2939 Website: www.gmliich.com To: City of Bremerton Attn: Rick Ziiuburean E-mail: Phone: rick.zimburean a.ci.bremerton.wa.us From: Ken Hogan Date: 05/10/2018 Re: Fairbanks Morse Pages: We are pleased to offer the following for your consideration. OB -3 Pump Station New pump per Serial # 381880 & 212855,4" D5432CWD (1)- Fairbanks Morse model 4" D5432CWD, submersible dry pit non clog pump, standard fitted construction, SS wear rings, double mechanical seal, oil filled motor for continuous duty in air, 5 hp, 1165 rpm, 230 volt, 3-phase, UL listed explosion proof motor. Built to match the existing pumps. . Price: $12,900.00 Net Each OB -4 Pump Station New pump per Serial # 212909 & 381855,4" D5433CWD (1)- Fairbanks Morse model 4" D5433CWDK, submersible dry pit non clog pump, standard fitted construction, SS wear rings, double mechanical seal, oil filled motor for continuous duty in air, 5 hp, 1165 rpm, 230 volt, 3- phase, UL listed explosion proof motor. Built to match the existing pumps. Price: $13,950.00 Net Each KL -3 Pump Station New pump per Serial # 381893 & 914311, 4" D5432CWD (1)- Fairbanks Morse model 4" D5432CWD, submersible dry pit non clog pump, standard fitted construction, SS wear rings, double mechanical seal, oil filled motor for continuous duty in air, 5 hp, 1165 rpm, 230 volt, 3-phase, UL listed explosion proof motor. Built to match the existing pumps. Price: $12,900.00 Net Each KL -4 Pump Station New pump per Serial #1206505 & 914292, 4" D5432CWD (1)- Fairbanks Morse model 4" D5432CWD, submersible dry pit non clog pump, standard fitted construction, SS wear rings, double mechanical seal, oil filled motor for continuous duty in air, 5 hp, 1165 rpm, 230 volt, 3-phase, UL listed explosion proof motor. Built to match the existing pumps. . Price: $12,900.00 Net Each Prices are F.O.B. factory with full freight allowed to Bremerton. Sales tax is not included. Terms: Net 30 days on approved credit. This quote is based on GEP's standard terms & conditions of sale. Please allow aprox. 10 weeks to ship Please call me if you have any questions or need additional information. WO, J I� N,'W� Ken Hogan AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5G SUBJECT: 20 -Year Land Lease Agreement Study Session Date: between the City of Bremerton and Donna COUNCIL MEETING Date: Hammargren for Sewage Pump Station EB -4 Department: Presenter: Phone: May 23, 2018 June 6, 2018 _PW&UIWWTP Pat Coxon _(360) 473-5448 SUMMARY: This is a renewable land lease agreement with Donna Hammargren for the property at 1369 Jacobsen Boulevard, where Sewage Pump Station EB -4 is located, The current 10 year lease agreement expires in October 2018, and both parties have agreed to extend and renew the lease agreement for a period of twenty years. ATTACHMENTS: 1) Lease Agreement and site photo (Updated) FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the WWTP. The annual rent is $60.00 including Washington State Sales Tax and is payable on the 1st of October. STUDY SESSION AGENDA: ® Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business J Public Hearing RECOMMENDED MOTION: Move to approve the Land Lease Agreement for Sewage Pump Station EB -4 between the City of Bremerton and Donna Hammargren in the annual rent amount of $60.00 including Washington State Sales Tax; and authorize the Mayor to finalize and execute the lease agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve Form Updated 01/02/2018 E] Deny 0 Table 0 Continue 0 No Action LEASE BETWEEN DONNA HAMMARGREN AND THE CITY OF BREMERTON REGARDING PUMP STATION EB -4 This Lease is entered into this day of , 2018, between Donna C. Hammargren, owner of Kitsap County tax parcel number 3949-000- 007-0506 as her separate property (hereinafter "Lessor"), and the City of Bremerton, a municipal corporation (hereinafter "Lessee"). WHEREAS, Lessor has for the past thirteen years leased to Lessee certain real property, upon which Lessee owns, operates and accesses a facility known as Pump Station EB -4; and WHEREAS, Lessor and Lessee desire to enter into a new Lease for the property; NOW, THEREFORE, for valuable consideration and by mutual consent, the parties present this Lease agreement as follows: That the Lessor does hereby lease and demise unto Lessee the following described real property and premises (hereinafter the "Premises"), situated upon Lessor's tax parcel number 3949-000-007-0506 which has an address of 1621 Jacobsen Boulevard in the County of Kitsap and State of Washington, to wit: That portion of Lot 9, McTeigh's Garden Tracts in the northwest quarter of the northwest quarter of section 18, township 24 North, Range 2 East, W.M., described as follows: Beginning at the intersection of the south line of said Lot 9 and the westerly margin of Jacobsen Avenue and running thence westerly along said south line 20 feet; thence northeasterly, parallel to said westerly line of Jacobsen Avenue 20 feet; thence easterly parallel to said south line of Lot 9, to said westerly margin of Jacobsen Avenue; thence southwesterly along said westerly margin to the point of beginning. The Premises is pictured at Exhibit A, which is incorporated herein. Said Premises is leased with all appurtenances including the City facilities and access and egress therefor. The term of this Lease shall be twenty years beginning October 1, 2018 and ending September 30, 2038. Lessee shall have the option to extend the Lease for an additional term not exceed twenty years, upon written notice to Lessor at least sixty days prior to Lease expiration. The rent shall be sixty and no/100 dollars ($60.00) per year, payable in lawful money of the United States of America, in advance, on the first day of October each and every year during said term of this Lease. Lease for Pump Station EB -4 Page 1 of 3 It is hereby agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants contained herein, then it shall be lawful for the Lessor to re- enter the Premises and remove all persons therefrom; and the Lessee does hereby covenant, promise and agree to pay the rent in the manner hereinbefore specified, and not to lease or sublease the whole or any part of the Premises nor assign this Lease, or any interest therein, without the written consent of Lessor. At the expiration of the Lease term, Lessee will quit and surrender the Premises in as good condition as they are now, ordinary wear and damage by the elements or fire excepted. Lessor represents that she has legal title to the Premises and will hold harmless, indemnify and defend Lessee from any claims made relating to Lessor's interest in the Premises as represented herein. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written. LESSOR: LESSEE: CITY OF BREMERTON DONNA C. HAMMARGREN Date: By: GREG WHEELER, Mayor Date: [NOTARIES ON PAGE 31 APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney R:\Legal\Legal\Contracts\2018 Hammargren Lease PS EB4 updated 5.24.18.doc Lease for Pump Station EB -4 Page 2 of 3 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of , 2018, before me a Notary Public in and for the State of Washington, personally appeared DONNA C. HAMMARGREN to me known to be the individual that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this instrument, and on oath stated that she were authorized to execute said instrument. -Notary Seal Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of , 2018, before me a Notary Public in and for the State of Washington, personally appeared GREG WHEELER to me known to be the Mayor of the City of Bremerton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Lease for Pump Station EB -4 Page 3 of 3 Jacobsen Blvd - Google Maps GO gle Maps Jacobsen Blvd EXHIBIT A -1621 JACOBSEN BLVD Page 1 of 1 Image capture: Oct 2012 © 2018 Google Bremerton, Washington Google, Inc. Street View - Oct 2012 0 �ro 1621 Jacoi Ty` ec https://www.google.com/maps/@47.5740606,-122.604693,3a,89.9y,302.92h,73.93t/data=! ... 3/20/2018 SUBJECT: Public Works Agreement with Hokkaido Drilling, Inc. for Contractor Services at Well 20 AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 5H May 23, 2018 June 6, 2018 PW&U Kathleen Cahall (360) 473-2315 SUMMARY: Replacement of the Well 20 pump and motor is warranted due to age and energy efficiency. One bid (1) successful bid was received with the low bid from Hokkaido Drilling, Inc. in Graham, WA for $53,000 plus Washington State sales tax. ATTACHMENTS: 1) Public Works Agreement FISCAL IMPACTS (Include Budgeted Amount): Included in the 2018 Water Capital Budget. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Public Works Agreement with Hokkaido Drilling, Inc. in the amount of $53,000 plus Washington State sales tax; and authorize the Mayor to finalize and execute this agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Hokkaido Drilling, Inc. ("Contractor"), whose mailing address is:24511 104th Avenue Court East, Graham, WA 98338. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Mobilize Pull the existing pump assembly Inspect and evaluate the materials to be reused (pump column, check valves, cable, sounding tubes, etc.) Procure Install new pump and motor: SL11H/3STG Simflo Pump Bowl Assembly and Hitachi 10" motor Install all equipment Assist with start-up Provide warrantee information Demobilize 2. TIME OF COMPLETION. Contractor shall complete the work within 120 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $53,000, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract, including applicable sales tax, is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the owner retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of forty-five (45) days after the date of final acceptance, or until receipt of all PUBLIC WORKS AGREEMENT - Page 1 of 10 Between City of Bremerton and Hokkaido Drilling 2018 necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub -contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. PUBLIC WORKS AGREEMENT - Page 2 of 10 Between City of Bremerton and Hokkaido Drilling 2018 D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. C. The provisions in this agreement that support the protest. PUBLIC WORKS AGREEMENT - Page 3 of 10 Between City of Bremerton and Hokkaido Drilling 2018 d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a PUBLIC WORKS AGREEMENT - Page 4 of 10 Between City of Bremerton and Hokkaido Drilling 2018 minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. PUBLIC WORKS AGREEMENT - Page 5 of 10 Between City of Bremerton and Hokkaido Drilling 2018 It. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. PUBLIC WORKS AGREEMENT - Page 6 of 10 Between City of Bremerton and Hokkaido Drilling 2018 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub -contract hereunder, the Contractor, its sub -contractors, or any person acting on behalf of such Contractor or sub -contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. PUBLIC WORKS AGREEMENT - Page 7 of 10 Between City of Bremerton and Hokkaido Drilling 2018 I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub -sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Title: Title: DATE DATE Notices to be sent to: CONTRACTOR: Attn: Hokkaido Drilling, Inc. 24511 104th Avenue Court East PO Box 100 Graham, WA 98338 Ph 253-847-3579 Fax 253-847-7404 PUBLIC WORKS AGREEMENT - Page 8 of 10 Between City of Bremerton and Hokkaido Drilling 2018 Notices to be sent to: CITY OF BREMERTON: Attn: Water Resources Manager City of Bremerton 100 Oyster Bay Ave N Bremerton, WA 98312 Ph 360-473-2315 Fax 360-473-5018 APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk R:\LEGAL\Contracts\FORMS\ShortForm.PW.Agr.doc PUBLIC WORKS AGREEMENT - Page 9 of 10 Between City of Bremerton and Hokkaido Drilling 2018 PREVAILING WAGES Look Up Journey Level Rates Important Note about Rates= Choosing correct worker classifications depends upon determinations published by L&I. Review our Determinations. Lack up Prevailing Plage rates with effective dates as far back as March 4, 1998. (D1Yhich rates (effective date) should you select? Q Vlhen are Prevailing Plage rates updated? Select County allam ark )lumbia uglas ment s And Marble Masons s Mason slayers & Marble Masons ling Service Employees inet Makers (In Shop) )enters lent Masons !rs & Tenders Select Trade Effective Date: 5;9x'2018 , E + • ..+ + �.ppren Jce'•.raoes Benefit Code Key for 51912e18 County Trade Job Ctassification 'Nage Holiday Overtime Note Kitsap Plumbers & Pipefitters Journey Level $67.47 5A 7G WAC 296-127-01364 Plumbers, pipefitters, and steamfitters. For the purpose of the Washington state public works law, chapter 39.12 RCW, plumbers, pipefitters and steamfitters assemble, install, and maintain piping systems, fixtures and equipment for the transportation of water, steam, gas, air, sewage, oil, fuels, liquids, gases, or similar substances. The work includes, but is not limited to: (1) Piping systems installed in structures (e.g., buildings, industrial plants, etc.). (a) The handling and moving of any plumbing, pipefitting and steamfitting materials, supplies, and equipment on the job site. (b) Cutting, threading, and bending pipe. (c) Joining pipes by use of screws, bolts, fittings, solder, welding and caulking, or any other method of making joints in the pipefitting industry. (d) Assembling, installing, and repairing valves, pipe fittings, and pumps. (e) Testing the piping system. (i) Installing and repairing plumbing fixtures, such as sinks, bathtubs, water heaters, and water softeners. (g) Cutting holes in floors and walls for pipes: • With point and hammer. • Core -drilled. (h) Responsible for all cleanup required in connection with plumbers, pipefitters and steamfitters work. (2) Distribution lines (e.g., water mains, sewer mains, oil and gas lines, etc.). (a) The handling and moving of any plumbing, pipefitting and steamfitting materials, supplies, and equipment on the job site. (b) Steel pipe: Welding of pipe joints and joining pipes with screws, bolts, fittings, solder, caulking, or any other method for making joints in the industry. (c) Ductile iron pipe: Joining pipes by using any method for making joints in the industry, when the pipe will be under pressure. Assembling, installing, and repairing valves and pumps. (d) Testing the piping system. (e) Responsible for all cleanup required in connection with plumbers, pipefitters and steamfitters work. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Bid Award to Core & Main for the Replacement of the Northlake Way Water Automatic Control Valves 5I Study Session Date: May 23, 2018 COUNCIL MEETING Date: June 6. 2018 Department: Presenter: Phone: PW&U Kathleen Cahall (360) 473-2315 SUMMARY: Control valves are critical system components for maintaining adequate pressure and flows in the drinking water system. The Northlake Way control valves are in need of replacement due to age, prone to malfunctioning, and to improve safety at this site. Three (3) bids were received with the low bid from Core & Main in Puyallup, WA for $50,998.92 including Washington States sales tax. ATTACHMENTS: 1) Bid Tabulation Form FISCAL IMPACTS (Include Budgeted Amount): Included in the 2018 Water Capital Budget. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the low bid of Core & Main in the amount of $50,998.92 including Washington State sales tax; and authorize the Mayor to finalize and execute this purchase with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action E z O w LU 2 NW w m LL O H U M U Y I AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Award to American Study Session Date: May 23, 2018 Construction Company, Inc. for the Eastside COUNCIL MEETING Date: June 6, 2018 Treatment Plant Outfall Replacement Project Department: Engineering Presenter: Tom Knuckey Phone: (360)473-2376 SUMMARY: The work to be completed under this contract includes in -water work consisting of removal of existing 20 -inch cast iron pipe, cure -in -place -pipe (CIPP) lining for 60 feet of 20" cast-iron pipe, installation of 36 -inch reinforced concrete pipe, removal of an existing deep water diffuser, and installation of a 36 -inch single port diffuser valve. Work will include shoring, excavation and dewatering from a barge, implementing BMPs, and water quality monitoring. Bids were opened on May 16, 2018. There were five (5) bids submitted. There were two bid alternatives; (1) standard cofferdam construction which was the base bid, and (2) a contractor proposed alternative. The lowest, responsive, responsible bidder was American Construction Co., Inc. in the amount of $1,836,650 for both Bid Alternatives. Staff recommend award to American Construction Co., Inc. for Bid Alternative 1 (Base Bid) which includes sales tax. ATTACHMENTS: 1) Agreement; 2) Bid Tabulation; 3) Vicinity Map FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2018 Wastewater Capital budget at $1,600,000. A budget adjustment may be required for this project. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award the contract for the Eastside Treatment Plant Outfall Replacement Project to American Construction Co., Inc., in the amount of $1,836,650 for Bid Alternative 1 (which includes Washington state sales tax); and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 THIS AGREEMENT is dated the AGREEMENT SECTION 00521 day of in the year 2018 by and between City of Bremerton (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract Documents entitled Eastside Treatment Plant Outfall Replacement Project. ARTICLE 2. CONTRACT TIMES. Substantial Completion for the entire WORK must be achieved not later than one hundred (180) calendar days from the date of Notice to Proceed. Final Completion and Acceptance of the Work must be achieved not later than thirty (30) calendar days after Substantial Completion. ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER $1000 for each day that expires after the time specified in Article 2. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK, in accordance with the Contract Documents, the amount for Bid Alternative , as shown in Section 00410 — Bid Forms. Contract Price for the selected work is for Bid Alternative (Contractor Initials) ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. EASTSIDE TREATMENT PLANT OUTFALL REPLACEMENT PROJECT AGREEMENT APRIL 2018 00521-1 ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (Section 00521) and the following attachments to this Agreement: • Notice Inviting Bids (Section 00116). • Bidder's Checklist (Section 00211). • Instructions to Bidders (Section 00213). • Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00410). • Performance Bond (Section 00611). • Payment Bond (Section 00616). • General Conditions (Section 00721). • Supplementary Conditions (Section 00731). • Technical Specifications as listed in the Table of Contents, including appendices. • Drawings as listed in the List of Drawings. • Addenda numbers to , inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Paragraph 3.04 of the General Conditions. ARTICLE 7. WAIVER OF IMMUNITY. The CONTRACTOR and OWNER acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. The CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification in Section 00 73 13 SC -6.20. The provisions of this article shall survive the termination or expiration of this agreement. (Contractor Initials) ARTICLE 8. SUSPENSION OF WORK AND TERMINATION The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement as indicated in Article 15 of Section 00721 (Standard General Conditions) and Section 00731 (Supplementary Conditions). EASTSIDE TREATMENT PLANT OUTFALL REPLACEMENT PROJECT AGREEMENT APRIL 2018 00521-2 ARTICLE 9. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The OWNER, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the OWNER may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER: City of Bremerton CONTRACTOR a Attest Attest [CORPORATE SEAL] Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) EASTSIDE TREATMENT PLANT OUTFALL REPLACEMENT PROJECT AGREEMENT APRIL 2018 00521-3 2 0 2 ¥ Q L k � L _ Cc M Cc« U- 0 0 O0 U ) ry c t= ± c G 2 \ LLJ y.,J ¥ 023± � O ± z .± 2 >s Outfall ,.: 7Z � r w..Ova Ki Apartments R IlkAM . Y Stafford He. Ihhc are • 114 IL ill t +!:K Part VVaQ lnytan Aparimerts vMW dk -• ■ - 4 kr y, L i'iul' w I r S w rn Perin plat,, SBF. n i s. BreMert f]rlSt Ifagee Rlj�'h .• W •r. �� Oly pfc; CSe;e" FC tri Sh Erl a Lam r�r N.. .:Th❑ q V a a AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5K SUBJECT: Contract Modification No. 2 Study Session Date: May 23, 2018 amending the Professional Services COUNCIL MEETING Date: June 6, 2018 Agreement with Murray- Smith, Inc. for the Department: PW & U Eastside Treatment Plant Outfall Presenter: Tom Knuckey Replacement Project Phone: (360) 473-2376 SUMMARY: Contract Modification No. 2 amends the Professional Services Agreement with Murray - Smith for engineering services associated with the Eastside Treatment Plant Outfall Replacement Project. The additional services include design due to City -requested changes, permitting, coordination with Department of Ecology, and construction support services. ATTACHMENTS: 1) Contract Modification Agreement No. 2 2) Exhibit A 3) Exhibit B.1 4) Exhibit B.2. FISCAL IMPACTS (Include Budgeted Amount): The work is fully funded in the Wastewater budget. The original contract amount was $154,542; Contract Modification No. 1 increased the contract by $12,930; revised contract amount $167,472. The current modification is for $59,906 for a new contract amount of $227,378. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification No. 2 amending the Professional Services Agreement with Murray- Smith, Inc. for the Eastside Treatment Plant Outfall Replacement Project in the amount of $59,906; 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 01/02/2018 CONTRACT MODIFICATION AGREEMENT NO. 2 BETWEEN THE CITY OF BREMERTON AND MURRAYSMITH PROJECT CONSULTANT DATE Eastside Treatment Plant Outfall Replacement Project (Contract #5626) Murraysmith 2.2018 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROJECT AGREEMENT (the "Contract") entered into between the City of Bremerton and Murraysmith on 11/07/2016 and as modified on 11/20/2017 by Contract Modification No. 1 All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: Additional Engineering Services as defined in Exhibit A. Section II. Term , is modified as follows: No Change. Section III. Compensation , is modified as follows: The original contract amount was $154,542. Contract Modification No. 1 increased the contract amount by $12,930 to $167,472. This current contract modification (No. 2) increases the contract by an additional $59,906 to a total revised contract amount of $227,378. See Exhibit B.1 for breakdown of current contract modification and B.2 for budget change history II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. CONTRACT MODIFICATION No. 2 City Contract #5626 This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process CONSULTANT. By Its 3464 iPq .ter e A�sou4 r DATE: -5-/-,3/Z"/8 APPROVED AS TO FORM: Bremerton City Attorney NOTICES TO BE SENT TO: Brian Casey Murraysmith 2707 Colby Ave., Suite 110 Everett, WA 98201 CONTRACT MODIFICATION No. 2 City Contract #5626 Initials and Date THE CITY OF BREMERTON By Greg Wheeler Its Mavor DATE: ATTEST: City Clerk NOTICES TO BE SENT TO: City of Bremerton, Engineering Department 3456 1h Street, Suite 100 Bremerton, WA 98337 EXHIBIT A SCOPE OF WORK for ENGINEERING SERVICES CITY OF BREMERTON, WASHINGTON EASTSIDE TREATMENT PLANT OUTFALL REPLACMENT PROJECT Contract Modification No. 2 May 14, 2018 Murraysmith, Inc. has developed the following Scope of Work to amend the original contract for engineering services for the City of Bremerton's (City) Eastside Treatment Plant Outfall Replacement Project. The amended scope and budget have been developed based on the change in project direction and coordination with City staff This amendment is associated with changing the scope to include additional permitting efforts, site visits, and communication with project team. This change will propose additional budget. Key elements of this amendment include: • Additional design costs due to City requested changes. • Increased post -submittal coordination for the hydraulic permit, including additional communications, conference calls, project meetings, and updates to permit documents and drawings. • Department of Ecology's (DOE) requested information regarding water quality control during construction and water quality monitoring plan. • Additional hours for construction support services. SCOPE OF WORK The proposed Scope of Work is for the Eastside Treatment Plant Outfall Replacement Project and amends the original work tasks. Task I Project Management (not modified) Task 2 Preliminary Design (not modified) Task 3 DNR Easement Negotiation Support Task 4 Permitting Task 5 Final Design Task 6 Bidding and Construction Services Task 7 Management Reserve Murraysmith Contract Modification No. 2 Eastside Treatment Plant Outfall Replacement Project Exhibit A Task I — Project Management — not modified Task 2 — Preliminary Design — not modified Task 3 — DNR Easement Negotiation Support No further DNR Easement Negotiation Support is anticipated. Task 4 — Permitting Permitting applications for the Eastside Treatment Plant Outfall Replacement Project require updating from the original documents completed. Additional efforts required for state and federal permitting. 4.1 A SEPA determination (MDNS) and a Shoreline Exemption have already been issued by the City of Bremerton. This task is complete. 4.2 State Permitting (Washington State Department of Fish and Wildlife HPA Additional post -submittal coordination was required for the issuance of the draft hydraulic permit, including additional project meetings and updates to permit documents and drawings. After additional coordination, the Project has received the HPA. No further coordination on the HPA is anticipated. 4.3 Federal Permitting (United States Army CoEps of Engineers): Application materials have been submitted to the USACE and Department of Ecology (DOE) (for 401 certification) and information was provided in response to one round of comments from the Corps of Engineers. The DOE has requested information regarding water quality control during in -water trenching for the outfall replacement and a water quality monitoring plan for turbidity during the course of trenching. In addition to addressing comments/questions, a specification will be developed related to water quality monitoring. Assumptions: • All permitting figures will be formatted to comply with regulatory agency submittal requirements. The ESA consultation with the Federal Government (USACE/Federal Fishery Services) will be informal and result in a Not Likely to Adversely Affect (NLAA) determination. • All materials will be prepared as draft for City review and will be made final for submittal after one round of edits/comments. Murraysmith Contract Modification No. 2 Eastside Treatment Plant Outfall Replacement Project Exhibit A Based on the current project understanding, it is assumed that the following will not be generated: Cultural resources assessment and wildlife monitoring plan (marine mammal or marbled murrelet). USACE staff will provide the Washington State Department of Ecology with the permit application materials provided as necessary for Water Quality Certificate Review and CZM determination, if required. Deliverables: no change from prior contract scope Task 5 — Final Design The objective of this task is to develop and produce final plans and specifications necessary to publicly bid and construct the project. Anticipated work tasks for final design are outlined as follows: 5.1 Revised Plans and Specifications (90%): The plans and specifications will be revised and further developed to incorporate comments from the preliminary design documents. One design workshop/meeting will be conducted. Develop plans and specifications that are approximately 90% complete. Update the cost estimate and project schedule. Additional effort required to address design concerns resulting from permitting agency comments as well as coordination with multiple contractors to make the project more appealing while maintaining the quality and anticipated life for the City's asset. Lining of the 20 -inch cast iron pipe was also added to this project. Assumptions: no change from prior contract scope Deliverables: no change from prior contract scope Task 6 — Bidding and Construction Support This task includes supporting the City, on an as -requested basis, with assistance during the bidding and construction of the project. The level of support provided will be at the direction of the City up to the budget amount available under this task. This scope and associated fee are in addition to the original scope of work. Anticipated support during bidding and construction may include: 6.1 Bidding Support: Attend pre-bid meeting. At the direction of the City and up to the budget amount respond to questions from bidders, subcontractors, equipment suppliers and other vendors regarding the project, plans and specifications. Prepare draft addenda items for use by the City in preparing addenda. 6.2 Construction Support: At the direction of the City and up to the budget amount, review specific construction submittals/resubmittals, assist with issuing clarifications Murraysmith Contract Modification No. 2 Eastside Treatment Plant Outfall Replacement Project Exhibit A to the construction contractor, assist with review of contractor changes and change order negotiation, conduct site visits and construction inspection, and participate in construction meetings including pre -construction meeting. 6.3 Regulatory Coordination: Provide support and respond as needed during bidding and construction for questions associated with Permits and permit compliance. In addition, as needed pre and post -construction notification as needed by the City. Regulatory coordination does not include water quality monitoring during construction. Assumptions: • Murraysmith will assist the City in all tasks associated with bidding. • A total of 30 hours is allocated for bid period support. • Murraysmith will provide part-time (20 hours per week) on-site inspection during the anticipated five (5) weeks of active construction and will support the City in administering and managing all aspects of the construction contract and communicating with the construction contractor. • It is anticipated that there will be approximately eight (8) submittals/resubmittals reviewed by Murraysmith. A total of 48 hours is allocated for review and comment on submittals by Murraysmith. • It is assumed that Murraysmith will draft up to four (4) requests for information/clarification (RFIs). Up to 16 hours are allocated for review and comment by Murraysmith. Deliverables: • Permit conditions matrix (overview of permit requirements for quick reference) • Record of bidder questions and inquiries • Addenda documentation, as required for the City to distribute to plan holders. • Responses to submittals, clarification, changes, etc. as requested by the City. • Daily log/inspection reports for days of active construction observation. • Post construction reporting, not including water quality monitoring or reporting. Task 7 — Management Reserve This task provides a management reserve allowance that may be used to address unforeseen tasks necessary for any of the project components. This allowance may only be utilized based on written authorization from the City's project manager. 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O O O O O O 7 ,+T+ O= N O O O O a Y E D ti a v a m 3 v r a p in in in in in �n �n v> c a L+ Y 0 0 0 0 0 0 0 O bbA Ql lD Co lD N N m Tt a °Ln° a�� o a a -zt ^ -zt M N 41 i Ln ci i C 19 v 'a O V N LU W O a o a a a E o tv ;� o Z ai Y O i > °p ai E N N fC ❑n z G v t Q- p N 4� G E -a ai v N O ai z N ,C '�6 cN D_ D_ m D_ LL CO c U N N N MTt N N 0 0 0 0 0 0 EA IA N N N N N 0 Tt IC Y Y Y Y Y Y Y f0 f0 f0 f0 f0 f0 f0 AGENDA BILL CITY OF BREMERTON 5 L CITY COUNCIL SUBJECT: Construction Contract Award to Study Session Date: May 23, 2018 NOVA Contracting for the Wastewater COUNCIL MEETING Date: June 6, 2018 Treatment Plant (WWTP) Interceptor Department: Engineering Upgrades Project Presenter: Tom Knuckey Phone: (360)473-2376 SUMMARY: The work to be completed under this contract consists of upgrading the existing WWTP Interceptor with 1,500 feet of PVC and HDPE sewer pipe; connection to the headworks facility by means of core drilling and installation of 300 feet of 54 -inch reinforced concrete storm pipe. The project site is located within the Westside Wastewater Treatment Plant in Bremerton, WA. There were seven (7) bids submitted from contractors. Bids were opened on May 10, 2018. The lowest, responsive, responsible bidder was NOVA Contracting in the amount of $1,747,052 including Washington State sales tax. ATTACHMENTS: 1) Contract; 2) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2018 Wastewater Capital budget at $2,500,000. STUDY SESSION AGENDA: x❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award the contract for the WWTP Interceptor Upgrades Project to NOVA Contracting in the amount of $1,747,052 including Washington State sales tax and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 CONTRACT (Page 1 of 3) THIS AGREEMENT is dated the day of between the City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). in the year 2018 by and CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled WWTP INTERCEPTOR UPGRADES ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within 135 calendar days from the Notice to Proceed date. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $2,200 per day after the date of Substantial Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions Contractor Initials City of Bremerton CF -2 April 2018 WWTP Interceptor Upgrades CONTRACT (Page 2 of 3) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits. • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, • Appendices • Contract Plans, • Addenda numbers to inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Initials City of Bremerton CF -3 April 2018 WWTP Interceptor Upgrades CONTRACT (Page 3 of 3) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY: City of Bremerton CONTRACTOR Attest Attest [CORPORATE SEAL] Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton CF -4 April 2018 WWTP Interceptor Upgrades CONTRACT CERTIFICATE (if Corporation) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , held on , 2018, the following resolution was duly passed and adopted: "RESOLVED, that , as President of the Corporation, be and is hereby authorized to execute the CONTRACT dated 2018, by and between this Corporation and City of Bremerton and that his/her execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of 12018. Secretary (SEAL) City of Bremerton CF -5 April 2018 WWTP Interceptor Upgrades CONTRACT CERTIFICATE (if Partnership) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of the State of , held on 2018, the following resolution was duly passed and adopted: "RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the CONTRACT dated 2018, by and between this Partnership and City of Bremerton and that his/her execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2018. (SEAL) Partner City of Bremerton CF -6 April 2018 WWTP Interceptor Upgrades CONTRACT CERTIFICATE (if Joint Venture) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of , held on , 2018, the following resolution was duly passed and adopted: "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the CONTRACT dated , 2018, by and between this Joint Venture and City of Bremerton and that his/her execution thereof, attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2018. (SEAL) Managing Partner City of Bremerton CF -7 April 2018 WWTP Interceptor Upgrades CONTRACT CERTIFICATE (if limited liability company) STATE OF ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Members of the a Limited Liability Company existing under the laws of the State of , held on , 2018, the following resolution was duly passed and adopted: "RESOLVED, that , and as members of the Limited Liability Company, be and are hereby authorized to execute the CONTRACT dated , 2018, to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 2018. (SEAL) A Limited Liability Company la Member By; Member City of Bremerton CF -8 April 2018 WWTP Interceptor Upgrades PERFORMANCE BOND (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That and as CONTRACTOR, as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents. . dollars, executors, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed Agreement with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "City of Bremerton, Department of Public Works and Utilities, Bremerton, Washington, WWTP INTERCEPTOR UPGRADES"; now, therefore, In the event CONTRACTOR fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein, the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNERS's expenses to construct or repair all work as well as all loss, cost, expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond, the Surety shall either: 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of time acceptable to the OWNER. The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract, or 2. Tender to the OWNER the demanded sum, up to the amount of the bond. However, if the amount necessary for the OWNER to cure the default is less than the amount tendered, the OWNER will return, without interest, any overpayment to the Surety. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City for all costs and expenses, (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. City of Bremerton CF -9 April 2018 WWTP Interceptor Upgrades PERFORMANCE BOND (Page 2 of 2) The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR. This bond shall remain in full force and effect for a period of one (1) year following final acceptance of the project by the City, and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR. IN WITNESS WHEREOF, we have hereunder set our hands and seals this day of 12018. (SEAL) (CONTRACTOR) (Surety) By: By: (Signature and SEAL) (Signature and SEAL) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: Address of Surety for service of process: (must be a physical address) (SEAL) City of Bremerton CF -10 April 2018 WWTP Interceptor Upgrades PAYMENT BOND (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That and as CONTRACTOR, as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed CONTRACT with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "City of Bremerton, Department of Public Works and Utilities, Bremerton, Washington WWTP INTERCEPTOR UPGRADES"; now, therefore, If said CONTRACTOR, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the CONTRACT is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including, but not limited to fee and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. City of Bremerton CF -11 April 2018 WWTP Interceptor Upgrades PAYMENT BOND (Page 2 of 2) IN WITNESS WHEREOF, we have hereunder set our hands and seals this day of 12018. 0 (CONTRACTOR) (Signature and SEAL) By: (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: Address of Surety for service of process: (must be a physical address) (Surety) (Signature and SEAL) END OF CONTRACT FORMS City of Bremerton CF -12 April 2018 WWTP Interceptor Upgrades CITY OF BREMERTON BID TABULATION BID Wastewater Treatment Plant Interceptor OPENED BY: TITLE: Upgrades Project Linda Fulton f RECORDED BY: Shannon Ray 5/10/2018 I F `2:00 m, OPENED: OPENED: p DATE TIME NAME OF BIDDER BASE BID r . tl►,� tl Pre1 SUMMARY ENGINEER ESTIMATE (INC SALES TAX) AP?RA ENT LOW BIb---ER — 5EC0N—DL OCV 8 1 —DD ERER f( f ^7F�lao L—rrvv �ina�R vk SALES TAX TOTAL ISi co ;W $ 1&q. /�S�. 3S- $ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5M SUBJECT: Contract Award to Insituform Study Session Date: May 23, 2018 Technologies, LLC for 2018 Sewer COUNCIL MEETING Date: June 6, 2018 Rehabilitation Project Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The project will rehabilitate approximately 10,000 lineal feet of sanitary sewer and 1500 lineal feet of storm sewer using the cure -in -place -pipe (CIPP) method. There was one bid submitted which was opened on May 11, 2018. The lowest responsive, responsible bidder was Insituform Technologies, LLC, who submitted a bid in the amount of $863,288.70. The bid amount was subsequently revised to $864,400.52 including Washington State sales tax due to an error that was corrected. ATTACHMENTS: 1. Contract; 2. Vicinity Map; and 3. Bid Tabulation. FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2018 Capital Budget ($900,000 from wastewater and $150,000 from stormwater) STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award the contract for the 2018 Sewer Rehabilitation to Insituform Technologies, LLC in the amount of $864,400.52 including Washington State sales tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action THIS AGREEMENT is dated the CONTRACT (Page 1 of 3) day of in the year 2018 by and between City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled 2018 Sewer Rehabilitation ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Substantial Completion within 90 calendar days from the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1000 per day after the date of Substantial Completion. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions Contractor Initials City of Bremerton April 2018 2018 Sewer Rehabilitation CF -1 CONTRACT (Page 2 of 3) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following which are either attached or incorporated herein by reference: - Notice Inviting Bids, - Bidders Checklist, - Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, - Performance Bond, - Payment Bond, - Standard Specifications, - Amendments to the Standard Specifications, - Appendices, - Special Provisions, - Contract Plans, - Addenda numbers to , inclusive. - Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, sub consultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Initials City of Bremerton April 2018 2018 Sewer Rehabilitation CF -2 CONTRACT (Page 3 of 3) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY: City of Bremerton CONTRACTOR (Signature) By Greg Wheeler, Mayor (Printed name) Attest Address for giving notices Approved as to Form: (Signature) City Attorney (Title) (Signature) By (Printed name) Attest [CORPORATE SEAL] Address for giving notices License No. Agent for service of process: City of Bremerton April 2018 2018 Sewer Rehahilitatiion CF -3 2018 SEWER REHABILITATION VICINITY MAP SHOWING WORK LOCATIONS a. .s f}� f h., 1 \'� LLL v I.J C wz omcm r T, 0 C) .� cl QD., z LJ L W LU La t f .ti.� W LA r4 Ln S,. uj LU a, LA V _ W M1 x w z '„' ft: W 16J 6W }n Z � CL uj AGENDA BILL CITY OF BREMERTON 5 N CITY COUNCIL SUBJECT: Vacant Land Purchase and Sale Study Session Date: May 23, 2018 Agreement between the City of Bremerton COUNCIL MEETING Date: June 6, 2018 and Lynn S. & Frank A. Horton for the Sale Department: City Attorney's Office of three (3) Vacant Lots on Sheldon Blvd. Presenter: Roger A. Lubovich Phone: (360)473-2345 SUMMARY: The City entered into a purchase and sale agreement with Lynn S. and Frank A. Horton for the sale of three vacant lots located on Sheldon Boulevard and identified as tax parcel nos.: 3709- 005-009-00-08, 3709-005-008-0009 and 3709-005-008-0108. The purchase and sale agreement is contingent upon City Council approval of the sale. ATTACHMENTS: 1) Vacant Land Purchase and Sale Agreement; 2) Addendum A; 3) Addendum B; 4) Addendum C; and 5) Site Map (Added) FISCAL IMPACTS (Include Budgeted Amount): The City will receive $152,000 (less closing costs) for the sale of the property which will be deposited into the Contingency Reserve Fund pursuant to BMC Chapter 3.36. STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Vacant Land Purchase and Sale Agreement between the City of Bremerton and Lynn S. & Frank A. Horton for the sale of real property as presented; and authorize the Mayor to finalize and execute any and all documents necessary to complete the transaction. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 Authentisign ID: 6529C2EF-F5CF464D-938D-81342DEF8FA1 Form 25 ©Copyright 2017 Vacant Land Purchase & Sale Northwest Multiple Listing Service Rev. 2/17 VACANT LAND PURCHASE AND SALE AGREEMENT ALL RIGHTS RESERVED Page 1 of 5 SPECIFIC TERMS 1. Date: December 10, 2017 MLS No.: Offer Expiration Date: 12/31/2017 2. Buyer: Lynn S. Horton Frank A. Horton A married couple Buyer Buyer Status 3. Seller: City Of Bremerton Seller Seller 4. Property: Legal Description attached as Exhibit A. Tax Parcel No(s).: 3709-005-009-00-08 3709-005-008-0009 , 3709-005-008-0108 1208 Cogean Ave Bremerton Kitsap WA 98337 Address City County State Zip 5. Purchase Price: $ 152,000.00 One Hundred Fifty -Two Thousand Dollars 6. Earnest Money: $ 10,000.00 Check; ❑ Note; ❑ Other (held by A Selling Firm; ❑ Closing Agent) 7. Default: (check only one) A Forfeiture of Earnest Money; ❑ Seller's Election of Remedies 8. Title Insurance Company: Land Title & Escrow 9. Closing Agent: Land Title & Escrow Company Individual (optional) 10. Closing Date: 3/23/2018 or sooner ; Possession Date: 69 on Closing; ❑ Other 11. Services of Closing Agent for Payment of Utilities: ❑ Requested (attach NWMLS Form 22K); 61 Waived 12. Charges/Assessments Levied Before but Due After Closing: ❑ assumed by Buyer; 61 prepaid in full by Seller at Closing 13. Seller Citizenship (FIRPTA): Seller ❑ is; 9 is not a foreign person for purposes of U.S. income taxation 14. Subdivision: The Property: ❑ must be subdivided before ; 61 is not required to be subdivided 15. Feasibility Contingency Expiration Date: 66 90 days after mutual acceptance; ❑ Other 16. Agency Disclosure: Selling Broker represents: 66 Buyer; ❑ Seller; ❑ both parties; ❑ neither party Listing Broker represents: UA Seller; ❑ both parties 17. Addenda: 35F(Feasibility) 9:wnPc a. madon re3& a Buyer's Address Bremerton, WA 98312 City, State, Zip 12/11/2017 12/11/2017 Date Date Phone No. Fax No. lshorton@comcast.net Buyer's E-mail Address Windermere RE West Sound Inc. 9833 Selling Firm MLS Office No. Carol Sue Barker 10205 Selling Broker (Print) MLS LAG No. (360) 692-6102 (360) 710-0796 (360) 698-4614 Firm Phone No. Broker Phone No. Firm Fax No. silverdale@windermere.com Selling Firm Document E-mail Address Fax No. carolsue@windermere.com Selling Broker's E-mail Address MLS Office No. 17651 101711 Selling Broker DOL License No. Selling Firm DOL License No. Seller's Si r(�u[e7 J Date Seller's Signature 4 -208 -Go e Date Seller's Address Bremerton WA 98337 City, State, Zip Phone No. Fax No. Seller's E-mail Address Bradley Scott Commercial Real Estate Listing Firm Vic Ulsh MLS Office No. Listing Broker (Print) 360-479-6900 MLS LAG No. Firm Phone No. Broker Phone No. Firm Fax No. Listing Firm Document E-mail Address Vic@bradleyscottinc.com Listing Broker's E-mail Address Listing Broker DOL License No. Listing Firm DOL License No Authentisign ID: 6529C2EF-FSCF454D-938D-81342DEF8FA1 Form 25 ©Copyright 2017 Vacant Land Purchase & Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev. 2/17 ALL RIGHTS RESERVED Page 2 of 5 GENERAL TERMS Continued a. Purchase Price. Buyer shall pay to Seller the Purchase Price, including the Earnest Money, in cash at Closing, unless 1 otherwise specified in this Agreement. Buyer represents that Buyer has sufficient funds to close this sale in accordance 2 with this Agreement and is not relying on any contingent source of funds, including funds from loans, the sale of other 3 property, gifts, retirement, or future earnings, except to the extent otherwise specified in this Agreement. 4 b. Earnest Money. Buyer shall deliver the Earnest Money within 2 days after mutual acceptance to Selling Broker or to Closing Agent. If Buyer delivers the Earnest Money to Selling Broker, Selling Broker will deposit any check to be held by Selling Firm, or deliver any Earnest Money to be held by Closing Agent, within 3 days of receipt or mutual acceptance, whichever occurs later. If the Earnest Money is held by Selling Firm and is over $10,000.00 it shall be deposited into an interest bearing trust account in Selling Firm's name provided that Buyer completes an IRS Form W-9. Interest, if any, after deduction of bank charges and fees, will be paid to Buyer. Buyer shall reimburse Selling Firm for bank charges and fees in excess of the interest earned, if any. If the Earnest Money held by Selling Firm is over $10,000.00 Buyer has the option to require Selling Firm to deposit the Earnest Money into the Housing Trust Fund Account, with the interest paid to the State Treasurer, if both Seller and Buyer so agree in writing. If the Buyer does not complete an IRS Form W-9 before Selling Firm must deposit the Earnest Money or the Earnest Money is $10,000.00 or less, the Earnest Money shall be deposited into the Housing Trust Fund Account. Selling Firm may transfer the Earnest Money to Closing Agent at Closing. If all or part of the Earnest Money is to be refunded to Buyer and any such costs remain unpaid, the Selling Firm or Closing Agent may deduct and pay them therefrom. The parties instruct Closing Agent to provide written verification of receipt of the Earnest Money and notice of dishonor of any check to the parties and Brokers at the addresses and/or fax numbers provided herein. Upon termination of this Agreement, a party or the Closing Agent may deliver a form authorizing the release of Earnest Money to the other party or the parties. The party(s) shall execute such form and deliver the same to the Closing Agent. If either party fails to execute the release form, a party may make a written demand to the Closing Agent for the Earnest Money. Pursuant to RCW 64.04, Closing Agent shall deliver notice of the demand to the other party within 15 days. If the other party does not object to the demand within 20 days of Closing Agent's notice, Closing Agent shall disburse the Earnest Money to the party making the demand within 10 days of the expiration of the 20 day period. If Closing Agent timely receives an objection or an inconsistent demand from the other party, Closing Agent shall commence an interpleader action within 60 days of such objection or inconsistent demand, unless the parties provide subsequent consistent instructions to Closing Agent to disburse the earnest money or refrain from commencing an interpleader action for a specified period of time. Pursuant to RCW 4.28.080, the parties consent to service of the summons and complaint for an interpleader action by first class mail, postage prepaid at the party's usual mailing address or the address identified in this Agreement. If the Closing Agent complies with the preceding process, each party shall be deemed to have released Closing Agent from any and all claims or liability related to the disbursal of the Earnest Money. If either party fails to authorize the release of the Earnest Money to the other party when required to do so under this Agreement, that party shall be in breach of this Agreement. For the purposes of this section, the term Closing Agent includes a Selling Firm holding the Earnest Money. The parties authorize the party commencing an interpleader action to deduct up to $500.00 for the costs thereof. c. Condition of Title. Unless otherwise specified in this Agreement, title to the Property shall be marketable at Closing. The following shall not cause the title to be unmarketable: rights, reservations, covenants, conditions and restrictions, presently of record and general to the area; easements and encroachments, not materially affecting the value of or unduly interfering with Buyer's reasonable use of the Property; and reserved oil and/or mining rights. Monetary encumbrances or liens not assumed by Buyer, shall be paid or discharged by Seller on or before Closing. Title shall be conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a buyer's interest in a Real Estate Contract, the Statutory Warranty Deed shall include a buyer's assignment of the contract sufficient to convey after acquired title. If the Property has been short platted, the Short Plat number is in the Legal Description. d. Title Insurance. Seller authorizes Buyer's lender or Closing Agent, at Seller's expense, to apply for the then -current ALTA form of standard form owner's policy of title insurance from the Title Insurance Company. If Seller previously received a preliminary commitment from a Title Insurance Company that Buyer declines to use, Buyer shall pay any cancellation fees owing to the original Title Insurance Company. Otherwise, the party applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. The Title Insurance Company shall send a copy of the preliminary commitment to Seller, Listing Broker, Buyer and Selling Broker. The preliminary commitment, and the title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions in said standard form and Special Exceptions consistent with the Condition of Title herein provided. If title cannot be made so insurable prior to the Closing Date, then as Buyer's sole and exclusive remedy, the Earnest Money shall, unless Buyer elects to waive such defects or encumbrances, be refunded to the Buyer, less any unpaid costs described in this Agreement, and this Agreement shall thereupon be terminated. Buyer shall have no right to specific performance or damages as a consequence of Seller's inability to provide insurable title. e. Closing and Possession. This sale shall be closed by the Closing Agent on the Closing Date. "Closing" means the date on which all documents are recorded and the sale proceeds are available to Seller. If the Closing Date falls on a Saturday, Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, the fosing Agent shall close the trensa tion on the next day that is nota Saturday, Sunday, legal holiday, or day when the eS 12/11/2017 3Q.�E 12/11/20171-:1 C , Buyer's Initials Date Buyer's Initials Date Seller's tials Date Seller's Initials Date 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Authentisign ID: 6529C2EF-F5CF-454D-938D-81342DEF8FA1 Form 25 ©Copyright 2017 Vacant Land Purchase & Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev. 2/17 ALL RIGHTS RESERVED Page 3 of 5 GENERAL TERMS Continued county recording office is closed. Buyer shall be entitled to possession at 9:00 p.m. on the Possession Date. Seller shall 61 maintain the Property in its present condition, normal wear and tear excepted, until the Buyer is entitled to possession. 62 Buyer reserves the right to walk through the Property within 5 days of Closing to verify that Seller has maintained the 63 Property as required by this paragraph. Seller shall not enter into or modify existing leases or rental agreements, 64 service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first 65 obtaining Buyer's consent, which shall not be unreasonably withheld. 66 f. Section 1031 Like -Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 67 like -kind exchange, then the other party shall cooperate in the completion of the like -kind exchange so long as the 68 cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys' fees and 69 costs) incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating 70 party at or prior to Closing. Notwithstanding the Assignment paragraph of this Agreement, any party completing a 71 Section 1031 like -kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the 72 purposes of completing a reverse exchange. 73 g. Closing Costs and Prorations and Charges and Assessments. Seller and Buyer shall each pay one-half of the 74 escrow fee unless otherwise required by applicable FHA or VA regulations. Taxes for the current year, rent, interest, 75 and lienable homeowner's association dues shall be prorated as of Closing. Buyer shall pay Buyer's loan costs, 76 including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. If any 77 payments are delinquent on encumbrances which will remain after Closing, Closing Agent is instructed to pay such 78 delinquencies at Closing from money due, or to be paid by, Seller. Buyer shall pay for remaining fuel in the fuel tank if, 79 prior to Closing, Seller obtains a written statement from the supplier as to the quantity and current price and provides 80 such statement to the Closing Agent. Seller shall pay all utility charges, including unbilled charges. Unless waived in 81 Specific Term No. 11, Seller and Buyer request the services of Closing Agent in disbursing funds necessary to satisfy 82 unpaid utility charges in accordance with RCW 60.80 and Seller shall provide the names and addresses of all utilities 83 providing service to the Property and having lien rights (attach NWMLS Form 22K Identification of Utilities or 84 equivalent). 85 Buyer is advised to verify the existence and amount of any local improvement district, capacity or impact charges or 86 other assessments that may be charged against the Property before or after Closing. Seller will pay such charges that 87 are or become due on or before Closing. Charges levied before Closing, but becoming due after Closing shall be paid 88 as agreed in Specific Term No. 12. 89 h. Sale Information. Listing Broker and Selling Broker are authorized to report this Agreement (including price and all 90 terms) to the Multiple Listing Service that published it and to its members, financing institutions, appraisers, and anyone 91 else related to this sale. Buyer and Seller expressly authorize all Closing Agents, appraisers, title insurance companies, 92 and others related to this Sale, to furnish the Listing Broker and/or Selling Broker, on request, any and all information 93 and copies of documents concerning this sale. 94 I. Seller Citizenship and FIRPTA. Seller warrants that the identification of Seller's citizenship status for purposes of U.S. 95 income taxation in Specific Term No. 13 is correct. Seller shall execute a certification (NWMLS Form 22E or equivalent) 96 under the Foreign Investment In Real Property Tax Act ("FIRPTA") at Closing and provide the certification to the Closing 97 Agent. If Seller is a foreign person for purposes of U.S. income taxation, and this transaction is not otherwise exempt 98 from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 99 j. Notices and Delivery of Documents. Any notice related to this Agreement (including revocations of offers or 100 counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed delivered 101 only when the notice is received by Seller, by Listing Broker, or at the licensed office of Listing Broker. Notices to Buyer 102 must be signed by at least one Seller and shall be deemed delivered only when the notice is received by Buyer, by 103 Selling Broker, or at the licensed office of Selling Broker. Documents related to this Agreement, such as NWMLS Form 104 17C, Information on Lead -Based Paint and Lead -Based Paint Hazards, Public Offering Statement or Resale Certificate, 105 and all other documents shall be delivered pursuant to this paragraph. Buyer and Seller must keep Selling Broker and 106 Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. 107 Facsimile transmission of any notice or document shall constitute delivery. E-mail transmission of any notice or 108 document (or a direct link to such notice or document) shall constitute delivery when: (i) the e-mail is sent to both Selling 109 Broker and Selling Firm or both Listing Broker and Listing Firm at the e-mail addresses specified on page one of this 110 Agreement; or (ii) Selling Broker or Listing Broker provide written acknowledgment of receipt of the e-mail (an automatic 111 e-mail reply does not constitute written acknowledgment). At the request of either party, or the Closing Agent, the 112 parties will confirm facsimile or e-mail transmitted signatures by signing an original document. 113 k. Computation of Time. Unless otherwise specified in this Agreement, any period of time measured in days and stated 114 in this Agreement shall start on the day following the event commencing the period and shall expire at 9:00 p.m. of the 115 last calendar day of the specified period of time. Except for the Possession Date, if the last day is a Saturday, Sunday 116 le I holiday as defined in C 1.16.050, the specified period of time shall expire on the next day that is not a 117 at rd y, Sunday or legal ho iday. Any specified period of 5 dayj ,,r less, except for any time period relating to the 118 .eSM 12/11/2017 3aX 12111/2017 �t'r?, Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID: 6529C2EF-F5CF-454D-938D•81342DEF8FA1 Form 25 ©Copyright 2017 Vacant Land Purchase & Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev. 2/17 ALL RIGHTS RESERVED Page 4 of 5 GENERAL TERMS Continued Possesion Date, shall not include Saturdays, Sundays or legal holidays. If the parties agree that an event will occur on a 119 specific calendar date, the event shall occur on that date, except for the Closing Date, which, if it falls on a Saturday, 120 Sunday, legal holiday as defined in RCW 1.16.050, or day when the county recording office is closed, shall occur on the 121 next day that is not a Saturday, Sunday, legal holiday, or day when the county recording office is closed. If the parties 122 agree upon and attach a legal description after this Agreement is signed by the offeree and delivered to the offeror, then 123 for the purposes of computing time, mutual acceptance shall be deemed to be on the date of delivery of an accepted 124 offer or counteroffer to the offeror, rather than on the date the legal description is attached. Time is of the essence of 125 this Agreement. 126 I. Integration and Electronic Signatures. This Agreement constitutes the entire understanding between the parties and 127 supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall 128 be effective unless agreed in writing and signed by Buyer and Seller. The parties acknowledge that a signature in 129 electronic form has the same legal effect and validity as a handwritten signature. 130 m. Assignment. Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, 131 unless the parties indicate that assignment is permitted by the addition of "and/or assigns" on the line identifying the 132 Buyer on the first page of this Agreement. 133 n. Default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then the following 134 provision, as identified in Specific Term No. 7, shall apply: 135 L Forfeiture of Earnest Money. That portion of the Earnest Money that does not exceed five percent (5%) of the 136 Purchase Price shall be forfeited to the Seller as the sole and exclusive remedy available to Seller for such failure. 137 ii. Seller's Election of Remedies. Seller may, at Seller's option, (a) keep the Earnest Money as liquidated damages 138 as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual 139 damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or (d) pursue 140 any other rights or remedies available at law or equity. 141 o. Professional Advice and Attorneys' Fees. Buyer and Seller are advised to seek the counsel of an attorney and a 142 certified public accountant to review the terms of this Agreement. Buyer and Seller shall pay their own fees incurred for 143 such review. However, if Buyer or Seller institutes suit against the other concerning this Agreement the prevailing party 144 is entitled to reasonable attorneys' fees and expenses. 145 p. Offer. Buyer shall purchase the Property under the terms and conditions of this Agreement. Seller shall have until 9:00 146 p.m. on the Offer Expiration Date to accept this offer, unless sooner withdrawn. Acceptance shall not be effective until a 147 signed copy is received by Buyer, by Selling Broker or at the licensed office of Selling Broker. If this offer is not so 148 accepted, it shall lapse and any Earnest Money shall be refunded to Buyer. 149 q. Counteroffer. Any change in the terms presented in an offer or counteroffer, other than the insertion of or change to 150 Seller's name and Seller's warranty of citizenship status, shall be considered a counteroffer. If a party makes a 151 counteroffer, then the other party shall have until 9:00 p.m. on the counteroffer expiration date to accept that 152 counteroffer, unless sooner withdrawn. Acceptance shall not be effective until a signed copy is received by the other 153 party, the other party's broker, or at the licensed office of the other party's broker. If the counteroffer is not so accepted, 154 it shall lapse and any Earnest Money shall be refunded to Buyer. 155 r. Offer and Counteroffer Expiration Date. If no expiration date is specified for an offer/counteroffer, the 156 offer/counteroffer shall expire 2 days after the offer/counteroffer is delivered by the party making the offer/counteroffer, 157 unless sooner withdrawn. 158 s. Agency Disclosure. Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager (if any) and 159 Selling Broker's Managing Broker (if any) represent the same party that Selling Broker represents. Listing Firm, Listing 160 Firm's Designated Broker, Listing Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) 161 represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons 162 affiliated with the same Firm, then both Buyer and Seller confirm their consent to Designated Broker, Branch Manager 163 (if any), and Managing Broker (if any) representing both parties as dual agents. If Selling Broker and Listing Broker are 164 the same person representing both parties then both Buyer and Seller confirm their consent to that person and his/her 165 Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All 166 parties acknowledge receipt of the pamphlet entitled "The Law of Real Estate Agency." 167 t. Commission. Seller and Buyer shall pay a commission in accordance with any listing or commission agreement to 168 which they are a party. The Listing Firm's commission shall be apportioned between Listing Firm and Selling Firm as 169 specified in the listing. Seller and Buyer hereby consent to Listing Firm or Selling Firm receiving compensation from 170 more than one party. Seller and Buyer hereby assign to Listing Firm and Selling Firm, as applicable, a portion of their 171 funds in escrow equal to such commission(s) and irrevocably instruct the Closing Agent to disburse the commission(s) 172 directly to the Firm(s). In any action by Listing or Selling Firm to enforce this paragraph, the prevailing party is entitled to 173 r..] 12/11/2017 rm,,]t 12/11/2017 llJ, �� J-1 e'! ill Buyer's Initials Date Buyer's Initials Date Sellers Initials Date Seller's Initials Date Authentisign ID: 6529C2EF-F5CF-454D-938D-81342DEF8FA1 Form 25 ©Copyright 2017 Vacant Land Purchase & Sale VACANT LAND PURCHASE AND SALE AGREEMENT Northwest Multiple Listing Service Rev. 2/17 ALL RIGHTS RESERVED Page 5 of 5 GENERAL TERMS Continued court costs and reasonable attorneys' fees. Seller and Buyer agree that the Firms are intended third party beneficiaries 174 under this Agreement. 175 u. Feasibility Contingency. It is the Buyer's responsibility to verify before the Feasibility Contingency Expiration Date 176 identified in Specific Term No.15 whether or not the Property can be platted, developed and/or built on (now or in the 177 future) and what it will cost to do this. Buyer should not rely on any oral statements concerning this made by the Seller, 178 Listing Broker or Selling Broker. Buyer should inquire at the city or county, and water, sewer or other special districts in 179 which the Property is located. Buyer's inquiry should include, but not be limited to: building or development moratoriums 180 applicable to or being considered for the Property; any special building requirements, including setbacks, height limits or 181 restrictions on where buildings may be constructed on the Property; whether the Property is affected by a flood zone, 182 wetlands, shorelands or other environmentally sensitive area; road, school, fire and any other growth mitigation or 183 impact fees that must be paid; the procedure and length of time necessary to obtain plat approval and/or a building 184 permit; sufficient water, sewer and utility and any service connection charges; and all other charges that must be paid. 185 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to time 186 during and after the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer 187 may need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 188 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall be 189 responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. If the Buyer does 190 not give notice to the contrary on or before the Feasibility Contingency Expiration Date identified in Specific Term No. 191 15, it shall be conclusively deemed that Buyer is satisfied as to development and/or construction feasibility and cost. If 192 Buyer gives notice this Agreement shall terminate and the Earnest Money shall be refunded to Buyer, less any unpaid 193 costs. 194 Seller shall cooperate with Buyer in obtaining permits or other approvals Buyer may reasonably require for Buyer's 195 intended use of the Property; provided that Seller shall not be required to incur any liability or expenses in doing so. 196 v. Subdivision. If the Property must be subdivided, Seller represents that there has been preliminary plat approval for the 197 Property and this Agreement is conditioned on the recording of the final plat containing the Property on or before the 198 date specified in Specific Term No. 14. If the final plat is not recorded by such date, this Agreement shall terminate and 199 the Earnest Money shall be refunded to Buyer. 200 w. Information Verification Period. Buyer shall have 10 days after mutual acceptance to verify all information provided 201 from Seller or Listing Firm related to the Property. This contingency shall be deemed satisfied unless Buyer gives notice 202 identifying the materially inaccurate information within 10 days of mutual acceptance. If Buyer gives timely notice under 203 this section, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. 204 x. Property Condition Disclaimer. Buyer and Seller agree, that except as provided in this Agreement, all representations 205 and information regarding the Property and the transaction are solely from the Seller or Buyer, and not from any Broker. 206 The parties acknowledge that the Brokers are not responsible for assuring that the parties perform their obligations 207 under this Agreement and that none of the Brokers has agreed to independently investigate or confirm any matter 208 related to this transaction except as stated in this Agreement, or in a separate writing signed by such Broker. In 209 addition, Brokers do not guarantee the value, quality or condition of the Property and some properties may contain 210 building materials, including siding, roofing, ceiling, insulation, electrical, and plumbing, that have been the subject of 211 lawsuits and/or governmental inquiry because of possible defects or health hazards. Some properties may have other 212 defects arising after construction, such as drainage, leakage, pest, rot and mold problems. Brokers do not have the 213 expertise to identify or assess defective products, materials, or conditions. Buyer is urged to use due diligence to 214 inspect the Property to Buyer's satisfaction and to retain inspectors qualified to identify the presence of defective 215 materials and evaluate the condition of the Property as there may be defects that may only be revealed by careful 216 inspection. Buyer is advised to investigate whether there is a sufficient water supply to meet Buyer's needs. Buyer is 217 advised to investigate the cost of insurance for the Property, including, but not limited to homeowner's, flood, 218 earthquake, landslide, and other available coverage. Brokers may assist the parties with locating and selecting third 219 party service providers, such as inspectors or contractors, but Brokers cannot guarantee or be responsible for the 220 services provided by those third parties. The parties shall exercise their own judgment and due diligence regarding 221 third -party service providers. 222 less] 12/11/2017 [gam] 12/11/2017 Buyer's Initials Date Buyer's Initials Date &��_z Seller's Initials Date Seller's Initials Date Authentisign ID: 6529C2EF-F5CF-454D-938D-81342DEF8FA1 Form 35F Feasibility Contingency Addendum Rev. 7/10 Page 1 of 1 FEASIBILITY CONTINGENCY ADDENDUM The following is part of the Purchase and Sale Agreement dated November 29, 2017 between Lynn S. Horton Buyer Frank A. Horton Buyer ©Copyright 2010 Northwest Multiple Listing Service ALL RIGHTS RESERVED ("Buyer") 2 and City Of Bremerton ("Seller") 3 Seller Seller concerning 1208 Cogean Ave Bremerton WA 98337 (the "Property"). 4 Address City State Zip Feasibility Contingency. Buyer shall verify within 90 days (10 days if not filled in) after mutual acceptance 5 (the "Feasibility Contingency Expiration Date") the suitability of the Property for Buyer's intended purpose including, 6 but not limited to, whether the Property can be platted, developed and/or built on (now or in the future) and what it will 7 cost to do this. This Feasibility Contingency SHALL CONCLUSIVELY BE DEEMED WAIVED unless Buyer gives 8 notice of disapproval on or before the Feasibility Contingency Expiration Date. If Buyer gives a timely notice of 9 disapproval, then this Agreement shall terminate and the Earnest Money shall be refunded to Buyer. Buyer should not 10 rely on any oral statements concerning feasibility made by the Seller, Listing Broker or Selling Broker. Buyer should 11 inquire at the city or county, and water, sewer or other special districts in which the Property is located. Buyer's inquiry 12 shall include, but not be limited to: building or development moratoria applicable to or being considered for the 13 Property; any special building requirements, including setbacks, height limits or restrictions on where buildings may be 14 constructed on the Property; whether the Property is affected by a flood zone, wetlands, shorelands or other 15 environmentally sensitive area; road, school, fire and any other growth mitigation or impact fees that must be paid; the 16 procedure and length of time necessary to obtain plat approval and/or a building permit; sufficient water, sewer and 17 utility and any services connection charges; and all other charges that must be paid. 18 Buyer and Buyer's agents, representatives, consultants, architects and engineers shall have the right, from time to 19 time during the feasibility contingency, to enter onto the Property and to conduct any tests or studies that Buyer may 20 need to ascertain the condition and suitability of the Property for Buyer's intended purpose. Buyer shall restore the 21 Property and all improvements on the Property to the same condition they were in prior to the inspection. Buyer shall 22 be responsible for all damages resulting from any inspection of the Property performed on Buyer's behalf. 23 ❑ AGREEMENT TERMINATED IF NOTICE OF SATISFACTION NOT TIMELY PROVIDED. If checked, this 24 Agreement shall terminate and Buyer shall receive a refund of the Earnest Money unless Buyer gives notice to Seller 25 on or before the Feasibility Contingency Expiration Date that the Property is suitable for Buyer's intended purpose. 26 ,e$,] 12/11/2017 r...], 12/11/2017 / Iz_ e -/ -) Buyer's Initials Date Buyer's Initials Date Seller's Initials Date Seller's Initials Date Authentisign ID: 6529C2EF-F5CF-454D-938D-81342DEF8FA1 Exhibit A Legal Descriptions Page 13 of 13 313 Sheldon Boulevard 3709-005-008-0009 Lot 8, Block 5, Bayview Addition to the Town of Bremerton, according to the Plat recorded in Volume 2 of Plats, Page 58, records of Kitsap County, Washington; Except the East 29 feet thereof. 1208 Cogean Avenue 3709-005-009-0008 Lot 9, Block 5, Bayview Addition to the Town of Bremerton, according to the Plat recorded in Volume 2 of Plats, Page 58, records of Kitsap County, Washington; Except the East 29 feet thereof. 511 Sheldon Boulevard 3709-005-008-0108 The East 29 feet of lots 8 and 9, Block 5, Bayview Addition to the Town of Bremerton, according to the Plat recorded in Volume 2 of Plats, Page 58, records of Kitsap County, Washington. Initials [5ram] [esm]_ -��- 12/11/2017 12/11/2017 Date 1a-, �i _ / -) Authentisign ID: 2E10CBBA-0296-4530-B3A8-2AD6DA85DD29 ADDENDUM A Land across from Evergreen Park The attached Real Estate Purchase and Sale Agreement dated December 10th, 2017 between Frank A. and Lynn S. Horton, husband and wife, as Buyer, and the City of Bremerton, as Seller, of the property commonly known as the SE corner of Sheldon Boulevard and Cogean Avenue in Bremerton with addresses 511 & 515 Sheldon Boulevard and 1208 Cogean Avenue, and having Kitsap County tax account parcel numbers 3709-005-008-0009, 3709-005-009-0008, and 3709-005-008-0108, is revised and continued as follows: 1. CITY COUNCIL APPROVAL. The Bremerton Municipal Code requires that the City Council for the City of Bremerton formally approve the sale of certain real estate owned by Seller, including the subject property. This Purchase and Sale Agreement is therefore conditioned upon the formal approval of the City Council of the City of Bremerton. Seller agrees to present this Purchase and Sale Agreement to the City Council for approval no later than 30 days following Buyer's written waiver and removal of their feasibility contingency in the Feasibility Contingency Addendum to the Purchase Agreement. Buyer understands the City Council is not obligated to approve the Purchase and Sale Agreement and Seller makes no promise or warranty that the City Council will approve the Purchase and Sale Agreement. City Council approval shall mean this contingency has been met and removed as a condition of purchase from this Purchase and Sale Agreement. City Council rejection shall mean that this Purchase Agreement is null and void and herein receipted earnest money shall be returned to Buyer. 2. HOLD HARMLESS. Buyer is aware that the Property has a history of contamination as identified in the Hazardous Substances Remediation and Indemnification Agreement dated November 25, 1996 filed with the Kitsap County Assessor under recording number 3006782. As partial consideration for the purchase of the Property, Buyer purchases the property and improvements "as is" and agrees to hold hannless the Seller from any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, which may be imposed upon or incurred by Buyer, or asserted against Buyer by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date whether ktiown or ul-Amown. This provision shall survive closing. Initials [5:am] [esgi].z: Date 12/19/2017 12/19/2017 7 Authentisign ID: 2E10CBBA-0296-0530-B3A8.2AD6DA85DD29 3. EARNEST MONEY DEPOSIT. The earnest money deposit amount of $10,000 as referenced in item 46 of this Purchase Agreement shall be deposited into escrow with Land Title Company of Kitsap County. 4. ENTIRE AGREEMENT. All other terms and conditions of the Purchase Agreement shall remain intact except as modified by this Addendum A. Approved and Accepted: BUYER: Frank A. and Lynn S. Horton IAuthantis�c;r s a. mwt w 12/19/2017 QAgQ94; 42i24 Frank A. Horton date Authentic:- �: S. Kadaa 12/19/2017 Lynn S. Horton date SELLER: City of Bremerton PattyqBemerton Y a orCity df Seller Contact Information Roger Lubovich, City Attorney (360) 473-2345 345 6th Street 4600 Bremerton, WA 98337 roger. lubovich@cl.bremerton.iva.us Authentisign ID: CBB83545-B66F-4439-BD6D-ACC22E94610F ADDENDUM B Land across from Evergreen Park The attached Real Estate Purchase and Sale Agreement dated December 10th, 2017 between Frank A. and Lynn S. Horton, husband and wife, as Buyer, and the City of Bremerton, as Seller, of the property commonly known as the SE corner of Sheldon Boulevard and Cogean Avenue in Bremerton with addresses 511 & 515 Sheldon Boulevard and 1208 Cogean Avenue, and having Kitsap County tax account parcel numbers 3709-005-008-0009, 3709-005-009-0008, and 3709-005- 008-0108, is revised and continued as follows: 1. FEASIBILITY CONTINGENCY. Buyer has completed a Phase I Environmental Site Assessment on the subject property. This site assessment recommends Phase II soil testing on the subject property. Buyer hereby requests permission to proceed with such Phase II soil testing on the subject property. Therefore, Buyer's Feasibility Contingency is hereby extended to no later than Friday, April 20th, 2018. Buyer to provide written approval or rejection of their Feasiablity Contingency to Seller no later than 2:00 PM PDT Friday, April 20th, 2018. In the event Buyer terminates this Purchase Agreement, then Buyer agrees to promptly deliver a copy of their Environmental Site Assessment to Seller. Buyer is authorized by Seller to proceed with soil testing of the subject property subject to provisions of item #u of the Purchase Agreement. 2. DATE OF CLOSING. Date of closing for this transaction shall occur not later than Friday, May 18th, 2018 which shall also be the termination date for this Purchase Agreement. Buyer and Seller agree formal sale closing and recording of closing documents shall occur as soon as all contingencies have been removed from this Purchase Agreement and escrow has prepared/received all necessary documents for closing of this transition. Buyer and Seller desire that closing for this transaction shall occur as soon as reasonably possible, but in no event later than Friday, May 18th, 2018. 3. ENTIRE AGREEMENT. All other terms and conditions of the existing Purchase Agreement shall remain intact except as modified by this Addendum B. Approved and Accepted: BUYER: Frank A. and Lynn S. Horton Authenfis:,;a guu& a.XWd4M 03/12/2018 Fran��'51ioi ion date rAuthenfi=uo:; 03/12/2018 �'c�rut S. 910)dan. Lynn . otton date SELLER: City of Bremerton Seller Contact Information Roger Lubovich, City Attorney 2018(360)473-2345 Greg Wheeler, yor date 345 6th Street #600 City of Bremerton Bremerton, WA 98337 roger.lubovich@ci.bremerton.wa.us Authentisign ID: F2DE6EDB-8B28.48B3-B692.76C683840B6F Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev. 7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated December 10, 2017 1 between Lynn S. Horton Frank A. Horton ("Buyer") 2 Buyer Buyer and City Of Bremerton ("Seller') 3 Seller Seller concerning 1208 Cogean Ave Bremerton WA 98337 (the "Property"). 4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: Addendum B, signed by the buyer 3/12/18 and the seller 3/15/18, will be modified as follows: Item #1. FEASIBILITY CONTINGENCY The date of April 20, 2018 is here by changed. The new expiration date is a no later than date of May 11, 2018. Item #2. CLOSING DATE & TERMINATION DATE The date of May 18, 2018 is herby changed. The new date is June 11, 2018 or sooner. Buyer is authorized by seller to continue with soil sampling of the subject property through this extended period subject to provisions of item #U in the purchase and sale agreement. ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. [es x 04/12/2018 ,rax 04/16/2018 (. 11 AJL 411OltZ01 Buyer's Initials Date Buyer's Initials Date Sell 's initials Date Seller's Initials 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Date Authentisign ID: 579ABFE0-62BF4BB5-97B8.200D49CED239 Form 34 ©Copyright 2010 Addendum/Amendment to P&S Northwest Multiple Listing Service Rev. 7/10 ALL RIGHTS RESERVED Page 1 of 1 ADDENDUM / AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is part of the Purchase and Sale Agreement dated December 10, 2017 between Lynn S. Horton Frank A. Horton 1 ("Buyer") 2 Buyer Buyer and City Of Bremerton ("Seller") 3 Seller Seller concerning 1208 Cogean Ave Bremerton WA 98337 (the "Property"). 4 Address city State Zip IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS: 5 Addendum C 6 7 8 The feasibility contingency is hereby satisfied. Buyer will proceed to closing. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. 31 [P—SIWI 05/16/2018 sax 05/16/2018 w Buyer's Initials Date Buyer's Initials Date Seller' In' ials Date Seller's Initials Date BRADLEY SCOTT...',',,K,.,,,, COMMERCIAL REAL ESTATE Victor C. Ulsh, CCIM vic(a-)bradleyscottinc.com (360) 479-6900 (800) 479-6903 www.bradleyscottinc.com All figures herein are presented as estimates. The information contained herein has been obtained from sources believed to be reliable; however, its accuracy is not guaranteed. Any prospective buyer is encouraged to independently verify this information. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Special Transportation Study Agreement with the Washington State Department of Transportation for the SR303 Corridor Planning Study (U pdated) Study Session Date: May 23, 2018 COUNCIL MEETING Date: June 6. 2018 Department: Presenter: Phone: Public Works Chal Martin (360) 473-5758 SUMMARY: This Agreement with the Washington State Department of Transportation provides the foundation for the City to take lead on the SR -303 Corridor Planning Study, which was funded by the Legislature in April of this year. ATTACHMENTS: 1) Planning Study Agreement; 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): The study was funded by the State at $450,000, with the city contributing $50,000. Part of this grant match will be provided through necessary City investment of staff time and fund balance in the Transportation Capital Projects Fund. STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize approval of a Special Transportation Study Agreement with the Washington State Department of Transportation, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and further authorize a budget adjustment of $500,000 in expenditures and $450,000 in grant revenue in the Transportation Capital Projects Fund. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action AM � WrArof ThwvWortatbn This AGREEMENT, made and entered into this day of I , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE," and the above named organization, hereinafter called the "PLANNING AGENCY." WHEREAS, the STATE and the PLANNING AGENCY recognize the need for the transportation planning project, described above, and WHEREAS, it is deemed in the best interest of the STATE to participate in funding said project for the mutual benefit of local and state roadway planning in the area of the project, and WHEREAS, the STATE and the PLANNING AGENCY now wish to define responsibility for preparation of the transportation planning project. NOW THEREFORE, it is mutually agreed as follows: Scope of Work The PLANNING AGENCY shall undertake the Transportation Planning Project described above, which shall include the tasks set forth in Exhibit "A," attached hereto. Schedule The project period shall commence upon execution of this agreement and shall last until the expiration date listed above. III Payment The STATE agrees to reimburse the PLANNING AGENCY's actual direct and related indirect costs of the project. The maximum amount that the STATE shall reimburse the PLANNING AGENCY shall not exceed the "Total Amount Authorized" listed above. Payment by task shall be made as set forth in Exhibit "A." All costs must be consistent with the Federal cost principles contained in OMB Circular A-87. The PLANNING AGENCY shall submit to the STATE requests for funds as they are expended on the project, but not to exceed one such request every month. Such requests for reimbursement shall document the amount of funds that have been expended during the period for the total project, as well as for the current billing period. The STATE shall review and approve each request for payment in an expeditious manner and shall make payment within 30 days after approval of the payment request. DOT Form 224-080 EF Revised 3/2008 IV Reports The PLANNING AGENCY shall, from time to time during the progress of the work, confer with the STATE. The PLANNING AGENCY shall prepare and present to the STATE an annual progress report. The report shall be completed and submitted to the STATE within 30 calendar days following the end of each fiscal year. The STATE however, reserves the right to request an interim report(s) during the fiscal year. The interim report(s) is due to the STATE within 21 calendar days of being notified in writing by the STATE. The interim report(s) shall include a summary of work progress during the course of the fiscal year, costs incurred in accordance with the approved scope of work and budget, and progress to date, including any problems or work delays. The STATE may delay reimbursement of billings if the requested interim report(s) is not submitted in a timely manner. Within 30 days after the conclusion of each fiscal year, the PLANNING AGENCY shall prepare and submit to the STATE an annual progress report. This annual report shall summarize work accomplished under the scope of work, costs incurred by work element, and shall identify any carryover of funds. A final report documenting the planning project, including interim and task reports which provide documentation of all technical data and their analysis, shall be prepared by the PLANNING AGENCY. The PLANNING AGENCY shall submit five copies of the final report to the STATE for acceptance. This requirement for a final report may be waived in writing by the STATE. Organization and Address Special Transportation Planning Study Agreement Work by Planning Organization - Actual Cost Agreement Number Total Amount Authorized Project Title and Description Project Manager Agreement Expiration Date This AGREEMENT, made and entered into this day of I , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE," and the above named organization, hereinafter called the "PLANNING AGENCY." WHEREAS, the STATE and the PLANNING AGENCY recognize the need for the transportation planning project, described above, and WHEREAS, it is deemed in the best interest of the STATE to participate in funding said project for the mutual benefit of local and state roadway planning in the area of the project, and WHEREAS, the STATE and the PLANNING AGENCY now wish to define responsibility for preparation of the transportation planning project. NOW THEREFORE, it is mutually agreed as follows: Scope of Work The PLANNING AGENCY shall undertake the Transportation Planning Project described above, which shall include the tasks set forth in Exhibit "A," attached hereto. Schedule The project period shall commence upon execution of this agreement and shall last until the expiration date listed above. III Payment The STATE agrees to reimburse the PLANNING AGENCY's actual direct and related indirect costs of the project. The maximum amount that the STATE shall reimburse the PLANNING AGENCY shall not exceed the "Total Amount Authorized" listed above. Payment by task shall be made as set forth in Exhibit "A." All costs must be consistent with the Federal cost principles contained in OMB Circular A-87. The PLANNING AGENCY shall submit to the STATE requests for funds as they are expended on the project, but not to exceed one such request every month. Such requests for reimbursement shall document the amount of funds that have been expended during the period for the total project, as well as for the current billing period. The STATE shall review and approve each request for payment in an expeditious manner and shall make payment within 30 days after approval of the payment request. DOT Form 224-080 EF Revised 3/2008 IV Reports The PLANNING AGENCY shall, from time to time during the progress of the work, confer with the STATE. The PLANNING AGENCY shall prepare and present to the STATE an annual progress report. The report shall be completed and submitted to the STATE within 30 calendar days following the end of each fiscal year. The STATE however, reserves the right to request an interim report(s) during the fiscal year. The interim report(s) is due to the STATE within 21 calendar days of being notified in writing by the STATE. The interim report(s) shall include a summary of work progress during the course of the fiscal year, costs incurred in accordance with the approved scope of work and budget, and progress to date, including any problems or work delays. The STATE may delay reimbursement of billings if the requested interim report(s) is not submitted in a timely manner. Within 30 days after the conclusion of each fiscal year, the PLANNING AGENCY shall prepare and submit to the STATE an annual progress report. This annual report shall summarize work accomplished under the scope of work, costs incurred by work element, and shall identify any carryover of funds. A final report documenting the planning project, including interim and task reports which provide documentation of all technical data and their analysis, shall be prepared by the PLANNING AGENCY. The PLANNING AGENCY shall submit five copies of the final report to the STATE for acceptance. This requirement for a final report may be waived in writing by the STATE. V Modifications Either party may request changes in these provisions. Such changes which are mutually agreed upon shall be incorporated as written amendments to this Agreement. No variation or alteration of the terms of this Agreement shall be valid unless made in writing and signed by authorized representatives of the parties hereto. VI Audits, Inspection, and Retention of Records All project records in support of all costs incurred and actual expenditures kept by the PLANNING AGENCY are to be maintained in accordance with procedures prescribed by the Division of Municipal Corporations of the State Auditor's Office, the U.S. Department of Transportation, and the STATE. The STATE, and any of its representatives, shall have full access to and the right to examine, during normal business hours and as often as they deem necessary, all of the PLANNING AGENCY's records with respect to all matters covered by this contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and other matters covered by this contract. All documents, papers accounting records, and other material pertaining to costs incurred in connection with the project shall be retained by the PLANNING AGENCY for three years after the STATE's written notice that the project is complete and the Agreement is terminated. Copies thereof shall be furnished if requested. In accordance with OMB Circular A-128 regulations, the PLANNING AGENCY is required to arrange for audit of funds expended. VII Termination If it is considered in the best interests of the STATE, the STATE may terminate this Agreement upon giving ten (10) days notice in writing to the PLANNING AGENCY. If this Agreement is so terminated prior to fulfillment of the terms stated herein, the PLANNING AGENCY shall be reimbursed only for actual expenses and noncancelable obligations, both direct and indirect, incurred to the date of termination. VIII Legal Relations The PLANNING AGENCY shall comply with all Federal, State and Local Laws and Ordinances applicable to the work to be done under this Agreement. Each party to this Agreement shall be responsible for damage to persons or property resulting from the negligence on the part of itself, its employees, its agents, or its officers. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any person, firm, or corporation not a party to this Agreement. IX Subcontracting The services of the PLANNING AGENCY are to be directed by the Project Manager identified above. The PLANNING AGENCY shall not assign, sublet, or transfer any of the work provided for under this Agreement without prior written approval from the STATE, and the STATE shall review and approve the PLANNING AGENCY's consultant agreement prior to execution. The PLANNING AGENCY shall comply with all Federal and State laws and regulations governing the selection and employment of consultants. The State reserves the right to appoint a representative to serve on the Consultant Selection Committee. Subcontracts greater than $10,000 must contain all the required provisions of this contract. DOT Form 224-080 EF Revised 3/2008 X Travel Any out-of-state travel must have prior written approval of the STATE to be eligible for reimbursement. Current STATE travel regulations and rates shall apply to all in-state and out-of-state travel for which reimbursement is claimed during the term of this Agreement. XI Liability No liability shall attach to the STATE or the PLANNING AGENCY by reason of entering into this Agreement except as expressly provided herein. XII Independent Contractor The PLANNING AGENCY shall be deemed an independent contractor for all purposes and the employees of the PLANNING AGENCY or any of its contractors, subcontractors, and the employees thereof, shall not in any manner be deemed to be employees of the STATE. XIII Equal Employment Opportunity The PLANNING AGENCY agrees to abide by all State and Federal regulations with respect to employment. This includes, but is not limited to, equal opportunity employment, nondiscrimination assurances, project record keeping, audits, inspection, and retention of records and will adhere to all of the nondiscrimination provisions set forth in Exhibit "C" attached hereto. XIV Severability If any covenant or provision in this Agreement shall be adjudged void, such adjudication shall not affect the validity, obligation, or performance of any other covenant or provision which in itself is valid, if such remainder would then continue to conform to the terms and requirements of applicable law and the intent of this contract. XV Equipment All equipment to be purchased under this Agreement shall be listed in the scope of work. All equipment must be purchased, managed, and disposed of in accordance with OMB Circular A-102 Attachment N. Exhibit C Title 6, Civil Rights Act of 1964 During the performance of this Agreement, the Planning Agency, for itself, its assignees, and successors in interest, hereinafter referred to as the "Consultant," agree as follows: 1. Compliance With Regulations: The Consultant will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally -assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, hereinafter referred and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate either directly or indirectly in the discrimination prohibited by Section 8.4 of the Regulations, including employment practices when the contract covers a program set forth in Appendix A-11 of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports: The Consultant will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Transportation Department or the Federal Highway Administration to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the State Transportation Department, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the nondiscrimination provisions of this contract, the State Transportation Department shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. Withholding of payment to the Consultant under the contract until the consultant complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The consultant will take such action with respect to any subcontract or procurements as the State Transportation Department or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the consultant becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the consultant may request the State to enter into such litigation to protect the interest of the United States. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below. PLANNING AGENCY STATE By: By: Title: Date: Date: DOT Form 224-080 EF Revised 3/2008 Assistant Secretary/Regional Administrator Exhibit A SR -303 Corridor Study Program: T - Legislative Appropriation 2018 Date: 5/21/18 Agency: City of Bremerton Project Title: SR 303 Corridor Study Project Description: SR 303 is a major transportation corridor that bisects Bremerton and is essential to the economic vitality of the City. The corridor requires modernization; a comprehensive effort is needed to identify safe, reliable and cost effective transportation options, contextualized to the corridor, which will improve livability, attract investment, and increase economic vitality for people and businesses. Study Management • Consistent with a Practical Solutions approach to project development, manage overall Study scope and milestones, including schedule, budget and deliverables. • WSDOT's endorsement process will be followed throughout the study, this will assist in receiving acceptance from WSDOT. • Select and manage consultants to deliver study elements as described in the scope of work. • Develop the Needs Statement o In coordination with key stakeholders, develop the vision and goals for the study. o In coordination with key stakeholders, develop a project charter. o In coordination with key stakeholders, develop the problem statement. The problem statement will address barriers and constraints to corridor investment, livability, and economic vitality. The problem statement will be used to guide the direction of the study process and also form the basis for measurement to ensure proposed alternatives are improving the problem. o In coordination with key stakeholders, identify initial performance measures, targets and evaluation criteria. Criteria may include effects on mobility; cost/benefit; environmental concerns; maintenance expense; constructability; partnerships; impact on livability; attracting new investment, and impact on economic vitality for people and businesses. • Develop a detailed study scope, including processes and milestones consistent with the Needs statement. o Within the scope, where feasible integrate this SR -303 corridor study effort with adjacent studies impacting the community, including the Harrison/East Side Employment Center study and the Olympic College Frontage Improvements study. Develop a Communication Plan describing how meaningful community engagement, including with stakeholders and the general public, will be accomplished. o Identify and contact a list of stakeholders that will be needed to complete the study. Develop a study steering committee or other communication mechanism to ensure robust and continuous information exchange and feedback. ■ In addition to the Washington State Department of Transportation and the City of Bremerton, a partial list of stakeholders includes Kitsap Transit; Olympic College; the Bremerton School District; the U.S. Navy; Kitsap County: the Port of Page 1 of 3 Bremerton: the Bremerton Chamber of Commerce: the Downtown Bremerton Association: the Manette Business Association: the Bremerton ADA Committee: the West Sound Cycling Club: the Kitsap Economic Development Alliance; the Suquamish Tribe; offices of State and Federal Senators and Representatives; the Bremerton Housing Authority; Kitsap Mental Health Services; the Illahee Preserve; the Central Kitsap School District; property owners along the corridor; and interested residents. o Schedule and facilitate community engagement meetings, stakeholder meetings, and public outreach. o Develop project email lists to efficiently communicate with, provide information to, and gain feedback from all stakeholders, experts, and the general public. Environmental evaluation: identify the key environmental features along the corridor study segment and potential environmental issues that might affect or result from various corridor improvement options. Safety: Conduct and document a "Basic Analysis Level" study of the corridor following the Safety Guidance for Corridor Planning Studies (June 2015). This analysis will be based on a 5 - year crash history. Data Collection and modeling • Review previous corridor study efforts, including the June 2002 study and the recent Corridor Sketch initiative. Collect, analyze and summarize existing relevant data along the corridor, including traffic information, comprehensive plans, land use information, property use and property valuation. Relate this information to future corridor investment. Incorporate this information into the development of improvement strategies and projects. • Collect and review the Puget Sound Regional Council (PSRC) demand models. Use the existing year model and refine the future baseline travel demand model using information from existing and/or programmed WSDOT or improvement projects in the vicinity, as well as adjacent and connecting major arterials. Consult recent studies and local comp plans. Traffic volume forecasts previously developed by WSDOT along this corridor will be compared to forecasted volumes from this updated model and adjusted as needed. • Collect corridor traffic data as appropriate to create an adequate present -year baseline. • Develop future year baseline traffic volume forecasts for the near-term year 2024, mid-term year 2030 and the horizon year 2040 for the AM, PM and weekend peak periods. The PSRC travel demand model does not contain a weekend forecast. Local growth rates from the AM and PM peak periods will be calculated and applied to the weekend turning movement counts to develop a weekend peak period forecast • Model existing and future traffic as appropriate to identify existing and future performance ga ps. Develop and Assess Alternative Strategies • Compile a list of potential corridor strategies developed by the study team, stakeholders, public input, and other ideas. Include multi -modal strategies such as Transportation Demand Management, transit improvements and bike/pedestrian improvements in the analysis, relating all strategies to the needs statement and the requirement for corridor investment. Page 2 of 3 Refine the evaluation criteria developed in the Needs Statement. Implement a screening process that includes stakeholder and public outreach. Using qualitative and quantitative screening criteria, develop recommended strategies to be carried forward for the next phase of the study. Gain WSDOT concurrence of the screened strategies. Present these screened ideas to stakeholders and the community. Document the decision process and select strategies to be moved forward into the final screening phase and project development phase. Refine Solutions • Perform additional analysis on the strategies that pass the preliminary screening to gather more detailed information about the impact to traffic operations, environmental elements, multimodal improvements, livability, safety, and economic vitality. • Consult with WSDOT to discuss the results and gain concurrence. • Rank refined strategies based on performance and how well they meet the performance targets. Sequence the strategies into short-term, mid-term and long-term timeframes that address low, medium and high cost options. • Present the ranked list of strategies to the stakeholders for concurrence. Results and recommendations will be presented to the public in an open house. Projects Identification and Planning Level Cost Estimates • Develop planning level cost estimates for each project in the recommended improvement strategies. Cost estimates will include probable costs attributable to engineering, environmental, construction and related costs and expressed in today's dollars. • Prepare a draft report documenting the background, assumptions, process and outcome of the study. The draft report will be submitted to WSDOT for review and comment. The draft report will be revised based on WSDOT's comments and submitted the stakeholders for review. • The draft report will contain a matrix of implementable project and/or process improvements to the corridor, as identified in the previous section. The matrix will include an implementation plan for each identified project, including timelines and funding sources. Information will also be communicated with a graphic of the corridor showing the geographic location of projects. • Present matrix of projects and draft to the Public in an open house. Finalize Study Report Including Implementation Plan • Update the draft report based on WSDOT, stakeholder, and public comments. • Include a section in the final report listing implementation projects or processes for each identified strategy. • Submit to WSDOT for review and comment. Update the report based on comments from WSDOT and submit a final report for endorsement. Page 3 of 3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Parking Lease Agreement with the Port of Bremerton for the Lease of 30 Parking Spaces at the Washington Avenue Garage Study Session Date: N/A (Walk On) COUNCIL MEETING Date: June 6. 2018 Department: City Attorney/Finance Presenter: Roger A. Lubovich and DeWayne Pitts Phone: (360) 473-2335 (360) 473-5296 SUMMARY: The Port of Bremerton has requested parking spaces during its upcoming construction on property located on Washington Avenue in downtown Bremerton. This Parking Lease Agreement provides for the lease of 30 parking spaces on the second floor in the Washington Avenue Garage for the period of October 1, 2018 through March 31, 2020, with an option for up to two additional six- month extensions. The lease payment is $150.00 per stall per month, plus leasehold excise tax of 12.84%. This agreement has been executed conditioned upon City Council approval. ATTACHMENTS: Parking Lease Agreement FISCAL IMPACTS (Include Budgeted Amount): Each parking stall generates monthly income of $169.26 (including leasehold excise tax). Annual income for the initial 18 -month term in 2018 is $15,233.40; for 2019 is $60,933.60; and for 2020 is $15,233.40 STUDY SESSION AGENDA: ❑x Item not presented at Study Session STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept the Parking Lease Agreement with the Port of Bremerton; and authorize the Mayor to finalize the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action IWKVIJ C _ 113101M THIS LEASE AGREEMENT (hereinafter "Lease") is between the CITY OF BREMERTON, a municipal corporation of the State of Washington, with offices located at 345 6th Street, Suite 100, Bremerton, Washington 98337 (hereinafter "City"), and the PORT OF BREMERTON (hereinafter "Lessee"). WHEREAS, the City owns certain property commonly known as the Washington Avenue Garage located on Washington Avenue between 4a` and 5a' Street in Bremerton; and WHEREAS, it is the parties' desire to enter into a lease for parking spaces in the Washington Avenue Garage for use by occupants of the property owned by Lessee during upcoming construction on its property located at 210/280/298 Washington Avenue in Bremerton; NOW, THEREFORE, the City and Lessee agree as follows: AGREEMENT 1. PROPERTY. 1.1 Property Defined. The City leases to Lessee and Lessee leases from the City parking spaces in the Washington Avenue Garage (hereinafter "Parking Garage"), said Parking Garage legally described as follows: LOTS 18 TO 25, BLOCK 6, BREMERTON, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON. The parking spaces leased include thirty (30) full time parking spaces located on level two (P2) Of the Parking Garage ("Parking Spaces"). The specific location of the Parking Spaces may be changed as mutually agreed between the parties. 2. USE. 2.1 Permitted Use. Lessee shall use parking spaces exclusively for the use by Lessee and/or occupants authorized by Lessee who are currently using the property owned by Lessee to be developed as Marina Square. The Property shall not be used for illegal purposes. 2.2 Conformance with Laws. Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property. 2.3 Liens and Encumbrances. Lessee shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property. 2.4 Parking Enforcement. Parking enforcement will be performed by the City as deemed appropriate. Parking Lease Agreement - Marina Square 3. SECTION INTENTIONALLY OMITTED. 4. TERM. 4.1 Term Defined. The term of this Lease is eighteen (18) months (the "Term"), beginning on October 1, 2018 and ending on March 31, 2020 (the "Termination Date"), unless terminated sooner under the terms of this Lease. Lessee may terminate the lease during the Term by providing the other party thirty (30) days prior written notice of termination. 4.2 Option to Extend. Lessee shall have the option to extend the Term of this lease for up to two (2) additional six (6) month terms upon delivering written notice to the City sixty (60) days prior to the expiration of the term except that, during the additional six (6) month term extensions, either party may terminate the lease for convenience by providing the other party thirty (30) days prior written notice of termination. 4.3 End of Term. Upon the expiration or termination of the Term, as applicable, Lessee shall surrender the Property to the City as existed on the Commencement Date, 4.4 Hold Over. If Lessee remains in possession of the Property after the Termination Date, the occupancy shall not constitute an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice. The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms. If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee shall be a trespasser and shall owe the City all amounts due under applicable law. 5. LEASE PAYMENT. 5.1 Monthly Payment. Lessee shall pay to the City a monthly payment of $4,500.00 plus a leasehold excise tax as set forth in Subsection 5.3 below. The first installment shall be due and payable on or before the Commencement Date, and subsequent installments shall be due and payable on or before the same day of each month thereafter. 5.2 Payment Place. Payment is to be made to the City of Bremerton, Attn: Financial Services, 345 6s` Street, Suite 100, Bremerton, Washington 98337. 5.3 Leasehold Excise Tax. Other Taxes and Assessments. In addition to the Lease Payment, Lessee shall pay a leasehold excise tax, pursuant to RCW 82.29A.030, on all Lease Payment amounts paid to the City, currently in the amount of 12.84 percent and as may be adjusted pursuant to Ch. 82.29A RCW, on the monthly Lease Payment. Lessee shall pay the Leasehold tax with the applicable lease payment. Lessee shall also pay all taxes assessments, and all other governmental charges, of any kind whatsoever, applicable or attributable to the Premises, Lessee's leasehold interest, the improvements, or Lessee's use and enjoyment of the Premises. Lessee shall pay these taxes and assessments when due or as otherwise requested by the City. 5.4 Sianaae and Related Costs. Lessee agrees to reimburse the City for new signage for the Parking Spaces and for relocation and re -striping of two handicap spaces located within the Parking Spaces in an amount mutually agreed upon by the parties. 2 Parking Lease Agreement - Marina Square 6. LATE PAYMENTS AND OTHER CHARGES. 6.1 Late Charge. If any rental payment is not received by the City within (10) days of the date due, Lessee shall pay to the City a late charge equal to one percent (I%) per month of the amount of the lease until the delinquency is paid. 7. ASSIGNMENT AND SUBLETTING. 7.1 City Consent Required. Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior written consent. 7.2 Rent Payments Following Assignment. The acceptance by the City of the payment of rent following an assignment or other transfer shall not constitute consent to any assignment or transfer. 8. INDEMNIFICATION. 8.1 Each party shall indemnify, defend, and hold the other party harmless for its acts, omissions or negligence relating to its performance of this Lease Agreement. 9. DAMAGE OR DESTRUCTION. 9.1 In the event of any damage to or destruction of the Property or any improvements, Lessee shall promptly give written notice to the City. Lessee acknowledges that use of the Parking Spaces are at Lessee's risk and that any damage to vehicles occurring while in the Parking Garage is at Lessee's, or Lessee's authorized occupants of the Parking Spaces, own risk. The City shall not be liable for any damage to vehicles or other property while using the Parking Spaces unless caused directly by the City. 10. DEFAULT AND REMEDIES. 10.1 Acts Constituting_ Default. Lessee shall be in default of this Lease on the occurrence of any of the following: (a) Failure to pay Rent or other expenses when due; (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (c) Failure to comply with any other provision of this Lease; (d) Failure to cure a default pursuant to Section 11.2 below; or (e) Proceedings are commenced by or against Lessee under any bankruptcy act or for the appointment of a trustee or receiver of Lessees' property. 10.2 Failure to Cure. A default shall become an event of default ("Event of Default") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written notice of default, which specifies the nature of the default. 10.3 City's Remedies Upon Default. Upon an Event of Default and Failure to Cure as defined in 10.2, the City may terminate this Lease. 11. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to Parking Lease Agreement - Marina Square the following addresses or to such other places as the parties may direct in writing from time to time: The City: City of Bremerton Attn: 345 O Street, Suite 600 Bremerton, Washington 98337 Lessee: fort of Bremerton Attn: Jim Rothlin 8850 SW State Highway 3 Bremerton, Washington 98312 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. 12. SECTION INTENTIONALLY OMITTED. 13. MISCELLANEOUS. 13.1 Authorily. Lessee and the person or persons executing this Lease on behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee has Rill right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so. 13.2 Successors attd Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 13.3 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease. 13.4 Waiver. The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be 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 Lease. The City's acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted. 13.5 Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 13.6 Time is of the Essepce. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 13.7 Invalidi . If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease. 4 Parking Lease Agreement - Marina Square 13.8 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington. 13.9 Modification. Any modification of this Lease must be in writing and signed by the parties. The City shall not be bound by any oral representations or statements. 13.10 Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. 13.11 Recording of Lease. Neither the City nor Lessee may record this Lease without the other's prior approval 13.12. Duplicate Originals. This Lease Agreement may be executed in duplicate originals. THIS AGREEMENT is executed as of the date of the last signature below, -f -tip 5 A-kw.e-ewt.ewt5 5 Lt �).e cj -1-0 41&4 u�dh Gr�-1 gpprova�. 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