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HomeMy WebLinkAbout04/18/2007 AGENDA m.,. ri) @OWi7 @(? ~~\iI'ffirmf@N1 Fl LE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280 APRIL 18, 2007 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCil CONfERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in CHAMBERS lOCATED ON fiRST flOOR A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION & ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register (#AB07-080) B. Minutes of Meeting - April 4, 2007 (#AB07-081) C. Minutes of Meeting - April 11 ,2007 (#AB07-082) D. Capital Purchase of Cameras and Miscellaneous Equipment for BKAT Studio from VTP (VIDEO TAPE PRODUCTS), INC. (#AB07-083) E. Acceptance of Public Works Trust Fund Loan Agreement No. PW-07-962-004 (#AB07-084) F. Acceptance of Public Works Trust Fund Loan Agreement No. PW-07-962-005 (#AB07-085) G. Acceptance of Public Works Trust Fund Loan Agreement No. PW-07-962-006 (#AB07-086) H. Resolution No. 3028 establishing a hearing date of May 16, 2007 to vacate portions of the alley between Burwell & 4th Street and Washington & Pacific Avenues (#AB07-087) I. Resolution No. 3029 establishing a hearing date of May 16, 2007 to vacate a portion of former County Road No. 305, adjacent to Marine Drive (#AB07-088) J. State Participating Agreement with the Washington State Department of Transportation (WSDOT) for Hot Mix Asphalt Overlay of State Route 3 On-Ramp (#AB07-089) 6. GENERAL BUSINESS A. Ordinance No. 5005 amending BMC 10.12 and 13.04 to update provisions relating to parks (#AB07-090) B. Interlocal Agreement Amendment Nos. 3, 4, 5, and 6 between the City of Bremerton and Kitsap County for improvements of State Route 304, Navy Yard Highway (#AB07-091) 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING rI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT SlUIrvey IResumts from the March 28, 2001 Manette Bridge Replacement Project Open HOmllse 1 . Do you support the replacement of the existing Manette Bridge? 83% YES 17% NO 2. In order to speed up the bridge construction process, would you support a two year closure of the Manette Bridge? 40% YES 60% NO 3. The City of Bremerton would like to seek additional funding to incorporate aesthetic elements such as decorative barrier and railings, and ornamental lighting. Do you support the City of Bremerton's decision to seek additional funding? 85% YES 15% NO 3a. If the City of Bremerton is able to secure additional funding, which barrier and railing option do you support? (see reverse for option graphic renderings) 15% Option 1-A: WSDOT Funded Option 6% Option 1-8: Minimal Additional Cost 6% Option 2-A: $300,000 Minimum Cost Increase 7% Option 2-8: $300,000 Minimum Cost Increase 16% Option 3-A: $500,000 Minimum Cost Increase 33% Option 3-8: $500,000 Minim~m Cost Increase Standard Barrier witll Pedestrian Railing Standard Barrier with "Bollards on the Dock" Railing Shadow Line Barrier with Pedestrian Railing Shadow Line Barrier with "Bollards on the Dock" Railing "Ships Railing" Barrier with Pedestrian Railing "Ships Railing" Barrier with "Bollards on the Dock" Railing 17% preferred the aesthetic elements presented at prior public meetings. 3b. If additional funding is secured by the City of Bremerton, would you also support decorative street lighting on the bridge? 89% YES 11% NO 4. If pedestrian safety concerns could be overcome, would you prefer a shared use path on the south side of the bridge rather than the proposed 6-foot sidewalks on both sides? 50% YES 50% NO ** All written comments will be retained as part of the project record. ** ", -~_"-t~ -. -y' ",-'""-: '-;: ~~- --- -"':"._~-_. -.. ~ - --- --" -- -~___ .--__._____ __~. --. . ., . For m()reinformation. contact: Ricky Shalla, ActingPrciJettEngineer:washington State Department,ofTramip0l1ation, Olympic Region 'Plans Offfce:rOB6x 47440, Oiympia,WA 98564'"7440,360~357"2772, bhallar@wsdot.wa.gov . . . . . DATE SUBMITTED: BILL# 07-021J AGENDA BILL CITY OF BREMERTON CITY COUNCIL SA ..............a..........~...~E.....B..D..............c....~~.uR.~.mD.cE.......a...E...1 SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: f-/f('-07 Financial Services Cathy Johnson SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: I CONSENT AGENDA ~ I ~/BUDGET. -flfEKATIONS: . ~ COUNCIL PRESIDENT: /{"~ ' ~ RECO:MM:ENDED MOTION: Move to approv . 1) Check #'s EFT's 70?O.- /07 ~ $ . / y~)OOO-- Cf-~ 2) Regular Payroll for $ 3) Retiree Payroll for $ COUNClL ACTION: ~prove o Denv 0 . Table .0 Continue 0 No Action DATE SUBMITTED: BILL # 0 7 - 0 9 ( AGENDA BILL CITY OF BREMERTON CITY COUNCIL 58 ...mg.a....~a............................a.............................................. Committee Meeting Date: N/ A COUNCIL MEETING Date: 4pri ( I g J ,!;)-oo 7 Department: City Council f Presenter: Will Maupin, Council President Phone: J360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held fq pn" ( 4 I :La 07 SUBJECT: City Council Meeting Minutes for meeting of April 4/ 2007 ATTACHMENTS: Meeting Minutes for Prpri I 4/ ;).007 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEP AR TMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/"\ ~~1 . /Wi. -V7- CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: D Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, April 4,2007 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, April 4, 2007, at 5:30 PM, with Council Vice-President Brad Gehring presiding. Council members present were Carol Arends, Mike Shepherd, Wendy Priest, Adam Brockus, and Cecil McConnell. Council Members Will Maupin, Dianne Robinson, and Nick Wofford were absent. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Pastor Butch Hall of Kitsap Lake Baptist Church. Vice-President Gehrinq announced that a Pre-Council Session to discuss General Council Business was held prior to the meeting; and that Item 6A has been pulled from the agenda. MAYOR'S REPORT · Wyn Birkenthal, Parks & Recreation Director presented the "Employee Recognition Award" for April 2007 to Chris Smith of the Parks & Recreation Department; and thanked Mr. Smith for the amazing transformation of Pat Carey Vista at Lions Field. Mr. Smith also thanked fellow co- workers Brock Stodden, Steve Munsen, Dave Coleman, and Virqilio Ibarra for their contributions to the project; · Provided an update on funding for Harborside Park; and believed that the project is on schedule for the Public Grand Opening on May 5th; · Announced that Bremerton will be hosting the annual Cascadia Mayor's Forum in September; · Hoped to include Callow Avenue in the City's flower basket program; · Received news that St. Vincent de Paul and Salvation Army will be expanding in the future; · Announced that a Parks Plan Update meeting for the public will be held on April 19th beginning at 5:30 PM at the Bremerton High School Library; . Invited Council Members to the Employee Recognition Breakfast on May 16th; and · Looked forward to the Armed Forces Day Parade in May. PUBLIC RECOGNITION & ANNOUNCEMENTS Wendy Priest announced that Districts 4 & 5 will be hosting a Stakeholder's Meeting to get feedback on the downtown sub-area plan from residents. The meeting will be held on Thursday, April 5th from 6:30 to 8:30 PM at Fire Station NO.1 located at 911 Park Avenue. For more information, please contact Geoffrey Wentlandt at the Department of Community Development at (360) 473-5845. Mike Shepherd also encouraged residents to attend the Stakeholder's Meeting; and invited the public to the Bataan Death March Remembrance Ceremony on Saturday, April ih at 10:00 AM at Evergreen Park. Mike Walton, Marketing Director for the YMCA, announced that the T-Ball and Coach-Pitch baseball program will be starting April 16th; the next Military Date Night will be on Saturday, April ih from 5:30 to 9:30 PM; the Easter Eggstravaganza will be held tomorrow, April 5th starting at 1 :00 PM; and the Splash & Jam program will be held on Saturday, April 21 st. Mike Eliason found irony in that this year's Council Vice-President has been a small business owner and a motorcycle rider, and also is an elected official and chairing a Council Meeting. Pamelonia McCrary presented a petition to City Council and City Clerk opposing the West Hills Annexation. City Council Reg. Mtg. Minutes Wednesday, April 4,2007 Page 2 of 3 CONSENT AGENDA A. Check Numbers 315774 through 315933; and EFT-7042 through EFT-7051 in the amount of $1,390,847.89 for the period ending March 31,2007; and Retiree Payroll in the amount of $84,813.34 for the pay period ending March 31, 2007 (#AB07-071) B. Minutes of Meeting - March 21,2007 (#AB07-072) C. Minutes of Meeting - March 28, 2007 (#AB07-073) D. Purchase of an Emergency Generator for Pump Station OB-2 (Oyster Bay) (#AB07-074) E. Budget Amendment and approval of Professional Services Agreement with THE CONNECTIONS GROUP for communications plan development and citizen outreach efforts (#AB07-075) 05:54:15 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6/\ ORDINANCE NO. 5003 AMENDING SECTION 2.09.020 AND CHAPTER 2.30 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATING TO CITY EMPLOYEES COVERED UNDER THE CITY'S CIVIL SERVICE SYSTEM (#AB07 076): This item was re-scheduled to May 16,2007... 6B - PROFESSIONAL SERVICES AGREEMENT WITH VIA ARCHITECTURE TO CREATE A DOWNTOWN REGIONAL CENTER SUB AREA PLAN (#AB07-077): Andrea Spencer, Department of Community Development Director, stated that the Department of Community Development has selected VIA ARCHITECTURE to develop a sub-area plan for the Downtown Regional Center. The plan will include public outreach, development of form-based zoning code and standards, circulation plan and parking strategies, and development of streetscape standards. There were no comments from the public. Mike Shepherd believes that this is a big step towards downtown redevelopment and emphasized that there will be many opportunities for the public to participate in this process. Adam Brockus indicated he would abstain from voting on this issue due to prior communication with the VIA ARCHITECTURE. Wendy Priest indicated that several of the applicants were highly qualified but that she looks forward to working with VIA ARCHITECTURE. 05:58:13 M/S/C (Priest/Arends) Move to approve the Professional Services Agreement with VIA ARCHITECTURE to create a Downtown Sub Area Plan, and authorize the Mayor to finalize and execute the contract in substantially the same form as presented. Voted in favor of the motion: Priest, Shepherd, Arends, McConnell, Gehring Abstained: Brockus Motion carried: 5- Yes; 1-Abstention 6C - ORDINANCE NO. 5004 REPEALING AND REPLACING CHAPTER 2.74 OF THE BREMERTON MUNICIPAL CODE REGARDING TRAVEL AUTHORIZATION AND EXPENSE REIMBURSEMENT (#AB07-078): Cathy Johnson, Finance Officer, pointed out that the current travel policy, adopted in 2003, provides for payment of actual meal expenses with a specified maximum per meal. Due to the variation of reasonable meal costs between travel destinations and the cost to properly administer the current program it is proposed that the basis for meal reimbursement be changed to a per diem reimbursement program based on rates set by the US General Services Administration. Additionally, references to procedures related to administration of the program have been removed from the ordinance and placed in the Travel Authorization and Reimbursement Policy. City Council Reg. Mtg. Minutes Wednesday, April 4, 2007 Page 3 of 3 There were no comments from the public. Gary Nystul, City Auditor, provided his reasons in support of the ordinance as 1) repealing the previous ordinance allows much needed changes; 2) the ordinance allows flexibility to address new situations as they come up; and 3) use of the per diem method of reimbursement for meals saves on administrative costs. Cecil McConnell emphasized that the change to the per diem method also allows flexibility for the employee. Brad GehrinCl thanked Cathy Johnson for bringing this issue forward, and for responding to Council's questions. 06:04:41 M/S/C/U (Arends/Shepherd) Move to approve Ordinance No. 5004 repealing and replacing Bremerton Municipal Code Chapter 2.74 Travel Authorization and Expense Reimbursement. COUNCIL MEMBER REPORTS Cecil McConnell was thrilled that he landed a hole-in-one on Sunday; and stated that his birthday is next week. Adam Brockus thanked people for attending the WSDOT workshop; and asked people to reflect on Martin Luther King Jr's assassination as well as his contributions and hoped that the world will be better place. Wendy Priest encouraged people to attend the First Friday Art Walk this week. Mike Shepherd hoped that there is further discussion regarding how mass transit will fit in with the plan for the Manette Bridge as well as addressing aesthetic deficiencies. Carol Arends believed that getting public feedback is important to the Manette Bridge project. Brad GehrinCl thanked Chris Smith for beautifying Lions Field; was excited that the Cascadia Forum will be held in Bremerton; and invited the public to attend the Grand Opening of Harborside Park on May 5th. With no further business, Vice-President GehrinCl adjourned the Council Meeting at 6: 11 PM. Prepared and Submitted by: ~, ~--- CHRISTINE GRENIER Council Assistant Attest: PAULA JOHNSTON, City Clerk WILL MAUPIN, City Council President WM:PJ:ls:cg DATE SUBMITTED: BILL# 07- O~~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5(" ............8S.........................................ma.B...............~...g..&g....1 Committee Meeting Date: N/ A COUNCIL MEETING Date: A-Pn' ( (0);;}.-oo 7 Department: City Council Presenter: Will Maupin, Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held I'\fri t , ( I ~ 007 SUBJECT: City Council Meeting Minutes for meeting of Apri If() 2007 , ATTACHMENTS: Meeting Minutes for Apv1 If{) ).-007 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/~ .4(; t1, n -:f,//~ CONSENT AGENDA [0' GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table D Continue D No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, April 11, 2007 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6tl1 Street, Bremerton, Washington, Wednesday, April 11, 2007, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Council Member Carol Arends. President Maupin announced that a Pre-Council Session was held at 5:00 PM in the Council Conference Room to discuss General Council Business. PUBLIC RECOGNITION & ANNOUNCEMENTS Adam Brockus asked citizens to mark their calendars for Saturday, May 5,2007 for the "Cinco De Mama" event hosted by the Manette Business Association to honor mothers with music, a free rose, prizes, and business specials. Mike Shepherd encouraged residents to attend the Public Meeting to "Help Shape the Future of City Parks, Recreation Facilities, Natural Areas, and Programs" on Thursday, April 19, 2007 at 5:30 PM at the Bremerton High School Library. For more information please call 473-5305. Don Larson announced the "11h annual Sinclair Inlet Clean-Up" event on Saturday, April 21, 2007 from 11 :00 AM to 2:00 PM; and suggested the City plant bulbs for a splash of color that could be viewed as ferries pull into Bremerton. Kvle Cruver and Laura Edwards informed the public of several upcoming environmental awareness events including "Green Film Fridays", a film series every Friday at 6:00 PM in the Chambers of the Norm Dicks Government Center sponsored in conjunction with the Kitsap SEED Project; a "Step In Up" rally on Saturday, April 14 from 12:00 to 3:00 PM at Evergreen Park to launch a movement to stop climate change; and Kitsap's Earthday celebration called "Earthday...What's Next?" to be held on Saturday, April 28 in the Chamber of the Norm Dicks Government Center from 9:00 AM to 3:00 PM The $10 cost includes a box lunch. Will Maupin mentioned that he attended the Arbor Day celebration today at 10:30 PM at Sheridan Park where he read a proclamation to proclaim Apri/11, 2007 as "Arbor Day". Pamelonia McCrarv read a letter into the record regarding her concerns on the West Hills Annexation and the Countywide Planning Policies. CONSENT AGENDA A. Check Numbers 315934 through 316109; and EFT-7052 through EFT-7069 in the amount of $1,013,614.89 for the period ending April 15, 2007 (#AB07-079) There were no comments from the public. 05:45:25 M/S/C/U (Priest/McConnell) Move to approve the CONSENT AGENDA as presented. City Council Reg. Mtg. Minutes Wednesday, April 11 ,2007 Page 2 of 2 GENERAL BUSINESS - There were no General Business items tonight... President Maupin asked the Council Members to reconvene in the Council Conference Room for a STUDY SESSION to hear presentations on upcoming agenda items. With no further business, the Council Meeting was adjourned at 5:46 PM. pre~ LcJRl MITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk WILL MAUPIN, City Council President WM:PJ:ls:cg DATE SUBMITTED: April 2, 2007 BILL # 07- 063 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51> B..........0.....0......8.a..............8.........8..............a........................, SUBJECT:: BKAT Capital Purchases Committee Meeting Date: April 11, 2007 COUNCIL MEETING Date: April 18, 2007 Department: Financial Services Presenter: Charleen Burnette Phone: 308-0139 SUMMARY: BKAT receives PEG funding from Kitsap County that is marked for capital only. This funding will be used to purchase cameras and misc equipment for the BKAT studio in the amount of $62,179.00. VTP,Inc. (VideoTape Products) will be our supplier. This funding is budgeted in 2007. ATTACHMENTS: Bid from VTP FISCAL IMPACTS (Include Budgeted Amount): $62,179.00 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~~ CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve capital purchases of cameras and misc equipment for BKA T Studio in the amount of $62, 179.00 COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action VTP, Inc. 1956 35th Ave West Seattle, W A 98199 Tel (206)286-5924 Fax (206)284-6070 TO: BREMERTON KITSAP ACCESS TELEVISION ATTN: MR.JONRAUCH FROM: JOHN NEEDHAM - VTP DATED: 11-17-06 RE: VIDEO EQUIPMENT PRICING.... ITEM QTY DESCRIPTION UNIT AMT 3 PANASONIC MODEL AW-E750 $ 6,137.00 $ 18,411.00 "2/3in. 3CCD Camera Module" 2 3 PANASONIC MODEL AW-PB305A 739.00 2,217.00 "Studio Adapter Card" 3 2 P ANASONlC MODEL A W-RC600 1,764.00 3,528.00 "Camera Control Unit" 3 3 PANASONIC MODELAW-LZI7ST9AG 2,784.00 8,352.00 "F~jinon 17X Studio Zoom Lens"" 5 3 PANASONlC MODEL WV-LK36 1,351.00 4,053.00 "Studio Zoom/Focus Lens Control" 6 3 PANASONIC MODEL AW-VF64 1,125.00 3,375.00 "Studio Viewfinder" 7 3 PANASONIC MODEL AW-CA50A26 452.00 1,356.00 "Camera Cable 15mtr." 8 3 P ANASONIC MODEL WV -CA26T26 129.00 387.00 "Camera Cable Inline Coupler" 9 3 TEC NEC MODEL P-26MF-25 327.00 981.00 "Camera Control Unit Cable 25ft." 10 PANASONIC MODEL AG-MX70 5,879.00 "Production Switcher" 11 MANFROTTO MOEDL 3195 967.00 "Tripod Pkg. w/516Hd. 3192Tripod 3067Dolly" 12 LECTROSONICS MODEL RI A 481.00 "IFB Belt Pack Receiver" 13 LECTROSONICS MODEL T I 780.00 "IFB Base Station Transmitter" 14 OCEAN MATRIX MODEL OMX-MDA6 348.00 "IX6 Video/Stereo Audo Dist. Amp." 15 T ASCAM MODEL CD-160 244.00 "Pro CD Player w/Rackmount" 16 5 T ASCAM MODEL DV -06500 418.00 2,090.00 "Pro DVD Player" 17 4 LEIGHTRONIX MODEL PRT ADVD 111.00 444.00 "IR Tascam Control Interface" 18 JVC MODEL SR-DVM700US 1,475.00 "Pro DVD Recorder" 19 PANASONIC MODEL TH-42PS9UK 1,297.00 "42in. SD Plasma Display" 20 MIRROR IMAGE MODEL LC-160 3,538.00 "15in. Studio Teleprompter" 21 MIRROR IMAGE MODEL EZ PROMPT 404.00 "Software Pkg." 22 EARTECH MODEL TD905 1.037.00 "Wireless Intercom 5 Station Pkg." SUB-TOTAL $ 61,644.00 SHIPPING 410.00(est.) TOTAL $ 62,054.00 FOB: ORIGIN (PPD&ADD) TERMS: NET.30 DEL: 7-10 DAYS ARO (OR BETTER...) 07-084 DATE SUBMITTED: March 30, 2007 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5E ..ma.a.............a.............m...........................................a.....a.... SUBJECT: Acceptance ofPWTF Loan Agreement No. PW-07-962-004 Committee Meeting Date: April II , 2007 COUNCIL MEETING Date: April 18, 2007 Department: PW &U, Engineering Presenter: Thomas Knuckey Phone: 473-2376 SUMMARY: The City has been awarded a Public Works Trust Fund Loan in the amount of $675,000 for design and construction of an upgrade to Pump Station CWl. The proposed upgrade will increase the capacity ofthe pump station to reduce combined sewer overflows in basins 9, 10, and 11 of the Anderson Cove Basin, in compliance with state law. ATTACHMENTS: 1. Council Summary 2. Map Exhibit 3. PWTF Loan Agreement FISCAL IMP ACTS (Include Budgeted Amount): This project is included in the Capital Improvement Plan and in the 2007 Budget. APPROV ALS: DEP ARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~~. CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve Public Works Trust Fund Loan No. PW-07-962- 004 and authorize the Mayor to finalize and execute the loan agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table ab, Agenda Bills 2007, PWTF Loan, PS CWI D Continue D No Action ANDERSON COVE PUMP STATION CW1 UPGRADE ACCEPTANCE OF PUBLIC WORKS TRUST FUND LOAN COUNCIL SUMMARY Summary This project will upgrade Sewage Pump Station CW-1 to increase capacity and reduce Combined Sewer Overflow Events at Basins 9, 10, and 11 in the Anderson Cove Basin to less than one per year per outfall in compliance with WAC 173-245. The upgrade will include increasing the pump station capacity from 1,900-gpm to 3,500-gpm by installing new pumps and associated mechanical and electrical equipment. In addition, the fuel tank will be relocated away from the front of the building, the chain link fencing will be reduced, and other miscellaneous site improvements will be implemented to improve the aesthetics related to this pump station. This project was required to be constructed in 2005 per the Consent Decree with the PSA; however, it has been delayed due to deficiencies in funding. Fiscal Summary The City has been awarded a Public Works Trust Fund Loan to partially fund construction of the work. The loan terms are as follows: Loan Amount = Match Required = Term = I nterest Rate = Annual Debt Service (Approx) = $675,000 5% Minimum 20-years 0.5% $35,500 Funding for this project is from a combination of loans. Existing and proposed sources of funds are: Loan/Grant SRF - In Hand PWTF - PWTF - In Hand Proposed Amount $300,000 $475,000 $675,000 Loan Fee (included in N/A N/A N/A Loan Amount) Match Required 0 5% 5% Term 20-Years 20-Years 20- Years Interest Rate 1.5% 0.5% 0.5% Annual Debt Service 25,700 $26,125 $35,500 (approx.) This project is included in the Capital Improvement Plan, and in the 2007 budget. This loan, and all currently forecast debt not anticipated by the 2005 Rate Study, was included in the attached revenue requirements evaluation. The analysis concluded that the proposed additional debt will not impair the adequacy of the fund balance for the wastewater utility, and further that rate revenues as currently anticipated are sufficient to cover the projected operating costs, debt service (with additions) and capital expenditures not provided with debt proceeds. Council Summary PWTF Loan PS CW1 Upgrade WasteWater System Revenue Requirements Update Current 3122/2007 2007 2008 2009 2010 2011 Beginning WasteWater Fund Balance $2,472,973 $1,565,133 $2,283,876 $3,659,303 $5,433,915 Revenues from Rates & Fees for Services (Note 1) $12,634,658 $13,013,698 $13,404,109 $13,806,232 $14,220,419 Revenues from Other Sources Excluding Grants & Loan proceeds (Note 1) $390,000 $92,700 $95,481 $98,345 $101,296 Revenues from Grants & Loan Proceeds $10,636,976 $600,000 $1,450,000 $7,200,000 ' $5,000,000 Additional Revenues from Southwest Bremerton Sewer Project (see detail below) $91,050 $375,000 $408,000 $441,000 $474,000 Total Revenues & Receipts $23,752,684 $14,081,398 $15,357,590 $21,545,577 $19,795,715 Operating Expenses (personnel & supplies/services) (Note 1) $5,478,848 $5,643,213 $5,812,510 $5,986,885 $6,166,492 Debt Service Expense (includes new debt assumed) $5,105,408 $4,013,585 $2,725,709 $2,924,768 $2,913,826 Capital Expenditures (includes additional capital programs) $12,965,000 $2,561,250 $4,265,000 $9,645,000 $7,565,000 Transfers (Note 1) $1,111,268 $1,144,606 $1,178,944 $1,214,313 $1,250,742 Total Expenditures & Transfers $24,660,524 $13,362,654 $13,982,163 $19,770,966 $17,896,060 Ending WasteWater Fund Balance $1,565,133 $2,283,876 $3,659,303 $5,433,915 $7,333,570 Ending Fund Balance Target Level (12% of Operating Expense Budget) $1,403,463 $1,296,169 $1,166,060 $1,215,116 $1,239,727 Meets Financial Goals & Policies Target? Yes Yes Yes Yes Yes Debt Service Coverage Factor (Wastewater System Only) 1.22 1.67 2.54 2.44 2.53 Recap of Changes from 2005 Rate Study Update 2005 Rate Study Capital Project Expenditures $7,615,000 $2,341,250 $3,320,000 $3,945,000 $2,515,000 Capital Project Funding Sources (including Grants & Loans) $8,237,285 $2,800,000 $2,360,000 $2,421,800 $2,485,454 Residual Capita/ Funding to be provided by Rate Revenue Current Proposed Activity Capital Projects in Current Revised CIP $12,965,000 $2,561,250 $4,265,000 $9,645,000 $7,565,000 Less Capital Projects included in 2005 Rate Study $7,615,000 $2,341,250 $3,320,000 $3,945,000 $2,515,000 Equals New Capital Projects not included in 2005 Rate Study $5,350,000 $220,000 $945,000 $5,700,000 $5,050,000 Current Projection of Capital Funding Sources from Grants & Loans $10,636,976 $600,000 $1,450,000 $7,200,000 $5,000,000 Less Capital Funding Sources from Grants & Loans included in 2005 Rate Study $6,037,285 $500,000 $0 $0 $0 Equals New Grants & Loans not included.!n 2005 Rate Study $4,599,691 $100,000 $1,450,000 $7,200,000 $5,000,000 Additional Debt Service from New Loans not included in 2005 Rate Study $143,000 $759,000 $759,000 $969,000 $969,000 Southwest Bremerton Sewer Project (not included in 2005 Rate Study) Additional General Facilities Charges $90,000 $350,000 $350,000 $350,000 $350,000 Additional Net Rate Revenue available for Capital Projects $1,050 $25,000 $58,000 $91,000 $124,000 Total Additional Receipts from Southwest Bremerton Sewer Project $91,050 $375,000 $408,000 $441,000 $474,000 Note 1 - Revenues and operating expenses in 2007 are per the adopted budget/rate schedules - future periods escalated at 3% CPI thereafter. Note 2 - Debt service coverage target per the Financial Goals & Policies is 1.5X for the combined utility systems. 2007 debt service coverage for the wastewater system standalone falls just short of the target level - but is expected to be above 1.5 on a combined system basis. Meets Financial Goals & Policies expectations. Council Summary PWTF Loan PS CW1 Upgrade PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT \\/7 \ "'; , I l" NUMBER PW-07-962-004 CITY OF BREMERTON PART I: ENTIRE AGREEMENT This agreement, and incorporated attachments contains all terms and conditions agreed to by the WASHINGTON STATE PUBLIC WORKS BOARD (refened to as the "BOARD") and the CITY OF BREMERTON (refened to as the "BORROWER") and no other statements or representations, written or oral, shall be deemed a pat1 thereof This contract includes A TT ACHMENT 1: SCOPE OF WORK, which consists of a description of local project activities, certification of the project's useful life, estimated project costs and fund sources; and ATTACHMENT II: ATTORNEY'S CERTIFICATION. These attachments are, by this reference, incorporated into this agreement as though set forth fully herein. The PUBLIC WORKS BOARD and the BORROWER have executed this agreement as of the date and year last written below. PUBLIC WORKS BOARD BORROWER Kelly Snyder, Assistant Director Signature Date Print Name Title APPROVED AS TO FORM ONLY This 6th Day of March, 2007 Rob McKenna Attorney General Date Federal Taxpayer Identification Number By: Signature on File Andrew Scott Assistant Attorney General CITY OF BREMERTON Page I 3,'/;2007 PART II: INTRODUCTION This loan agreement is made and entered into by and between the BOARD, or its successor, and the BORROWER. Acting under the authOlity of Chapter 43.155 RCW, the BOARD has awarded the BORROWER a Public Works Tl1lst Fund loan for an approved public works project. PART III: PURPOSE The BOARD and the BORROWER have entered into this agreement to undertake a local public works project that fill1hers the goals and objectives of the Washington State Public Works Tl1lst Fund Program. The project will be undertaken by the BORROWER and will include the activities described in A TT ACHMENT I: SCOPE OF WORK. The project must be undertaken in accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set forth fully herein. PART IV: TERMS AND CONDITIONS The parties to this agreement agree as follows: 4.01 Rate and Term of Loan The BOARD, using funds appropriated :ii-om the Public Works Assistance Account, shall loan the BORROWER a sum not to exceed $675,000. The interest rate shall be 0.5% per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July 1, 2027. 4.02 Eligible ProiectCosts and LocalProiect Share The BORROWER pledges to use an amount of local funds as local project share of not less than 15% of the total eligible portion of the project cost not funded by federal or state grants as identified in ATTACHMENT I: SCOPE OF WORK. The amount of the local funds will be verified at project closeout. Any increase in the percentage ofIocal funds may require an adjustment in the loan amount or interest rate charged, or both. The interest rate adjustment will apply to the remaining payments beginning the fiscal year of closeout. The BORROWER agrees to execute the Certified Closeout Amendment as an amendment to this agreement adjusting the loan amount or interest rate, as appropriate. Eligible project costs must consist of expenditures eligible under WAC 399-30-030 and be related only to project activities described in ATTACHMENT I: SCOPE OF WOP~T(. Only those costs incurred after execution of this loan agreement can be reimbursed with Public Works Tl1lst Fund monies. Expenditures made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close out may be used as match for local project share. CITY OF BREMERTON Page 2 3.7,2007 4.03 Disbursement of Loan Proceeds The availability of funds in the Public Works Assistance Account is a function of tax co11ection, loan repayment, and legislative appropriation. If funding or appropliation is not available at the time the invoice is submitted, or when the agreement is executed, the issuance of walT ants wi11 be delayed or suspended until such time as funds become available. Therefore, subject to the availability of funds, walTants shall be issued to the BORROWER for payment of allowable expenses inculTed by the BORROWER while undeltaking and administering approved project activities in accordance with A IT ACHMENT I: SCOPE OF WORK. In no event sha11 the total Public Works Trust Fund loan exceed 85% of the eligible actual project costs. The BORROWER shall initiate a loan disbursement using a Washington State Invoice Voucher form. The loan funds will be disbursed to the BORROWER as follows: Upon formal execution of this agreement, a sum not to exceed 20% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. Monies shall not be used for any construction costs incurred prior to compliance with Executive Order 05-05 Archaeological and Cultural Resources as referenced in Section4.22 or Section 106 of the National Historic Preservation Act, whichever applies to this project. Upon execution of a Public Works Trust Fund Notice to Proceed, which follows the formal award of a construction contract, and documented compliance with Executive Order 05-05 Archaeological and Cultural Resources as referenced in Section 4.22 or Section 1 06 of the National Historic Preservation Act, whichever applies to this project, a sum not to exceed 25% of the approved Public Works Trust Fund loan may be disbursed to theBORROWER. When the BORROWER certifies that 35% of the Public Works Trust Fund loan amount has been spent, a sum not to exceed 25% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. When the BORROWER certifies that 60% of the Public Works Trust Fund loan amount has been spent, a sum not to exceed 25% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. At the time of project completion, the BORROWER shall submit, to the BOARD, a Certified Closeout Amendment certifYing the total actual project costs and local share. The final Public Works Trust Fund loan disbursement shall bring the total loan to the lesser of 85% of the eligible project costs or the total of $675,000. The Certified Closeout Amendment shaH serve as a contract amendment detelmining the final loan amount, local share and interest rate. In the .event that the final costs identified in the Celtified Closeout Amendment indicate that the BORROWER has received Public Works Trust Fund monies in excess of 85% of eligible costs, all funds in excess of 85% shall be repaid to the Public Works Assistance Account by payment to the Department of Community, Trade and Economic Development, or its successor, within 30 days of submission of the Celtifiecl Closeout Amendment. CITY OF BREMERTON Page 3 3/7'2007 4.04 Interest Earned on Public Works Tmst Fund Monies All interest earned on Public Works Tmst Fund Monies held by the BORROWER shall accme to the benefit of the BORROWER and be applied to the eligible costs of the approved project. Benefits shaH accme in one of two ways: 1. Reduce the amount of the Public Works Tmst Fund loan, or 2. Pay any part of eligible project costs that are in excess of A IT ACHMENT I: SCOPE OF WORK. estimates, if there is an ovenun of project costs. The BORROWER shall establish procedures to ensure that aH monies received from the Public Works Tmst Fund loan can be readily identified and accounted for at any time during the life of this loan agreement. Such procedures shall consist of the establishment of a separate fund, account, sub-account orany other method meeting generally accepted accounting principles. In event of termination, all. principal, interest earned on invested loan principal, and accrued interest payable shall be repaid in full within 30 days by the BORROWER. 4.05 Time of Performance The BORROWER shaH begin the activities identified within A TT ACHMENT I: SCOPE OF WORK. no 1aterthan three (3) months after loan agreement execution. No later than Twenty- four (24) months after loan agreement execution, the BORROWER must issue a Public Works Tmst Fund Notice to Proceed, which follows the formal award of a construction contract. No later than forty-eight (48) months after the date of agreement execution the BORROWER must reach project completion. Failure to meet Time of Performance shall constitute default of this agreement. In the event of extenuating circumstances, the BORROWER may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, bya two-thirds vote, extend the deadline. The term of this agreement shall be for the entire term of the loan, regardless of actual project completion, unless terminated sooner as provided herein. 4.06 RepaYment Loan repayment installments are due on July 1st of each year during the 20-year fixed term of the loan. The first loan repayment is due July 1, 2008. Interest only will be charged for this payment if a draw is made prior to this date. All subsequent payments shall consist of principal and accmed interest due on July 1st of each year during the remaining term of the loan. Repayment of the loan under this agreement shall include an interest rate of 0.5% per almum based on a 360 day year of twelve 30 day months. Interest will begin to accrue from the date each warrant is issued to the BORROWER. The final payment shall be on or before July 151, 2027, of an amount sufficient to bring the loan balance to zero. The BORROWER has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without penalty. CITY OF BREMERTON Page 4 1']/2007 The BORROWER will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of Community, Trade and Economic Development, or its Successor. 4.07 Default in Repayment Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the fIrst (151) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be one percent (1 %) per month or twelve percent (12%) per annum. The same penalty terms shall apply at project closeout if the repayment of loan funds in excess of eligible costs are not repaid within 30 days as provided for in Section 4.03. The BORROWER acknowledges and agrees to the BOARD'S right, upon delinquency in the payment of any annual installment, to notifY any other entity, creditors, or potential creditors of the BORROWER of such delinquency. The BORROWER shall be responsible for all legal fees incurred by the BOARD in any action undertaken to enforce its rights under this section. 4.08 Loan Secmity This loanis a revenue obligation of the BORROWER payable solelyfrom the net revenue of the Sanitary Sewer system. Payments shall be made fi'om the net revenue of the utility after the payment of the principal and intei'est on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the BORROWER the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. Nothing in this section shall absolve the BORROWER of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. 4.09 Recordkeeping and Access to Records The BOARD, the BOARD's agents, and duly authorized offIcials of the State shall have full access and the right to examine, copy, excerpt, or transcribe any pel1inent documents, papers, records, and books of the BORROWER and of persons, fmns, or organizations with which the BORROWER may contract, involving transactions related to this project and this agreement. The BORROWER agrees to retain all records pertaining to this project and this agreement for a peliod of six years 6'0111 the date of project closeout. If any litigation, claim or audit is stm1ed before the expiration of the six-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. CITY OF BREMERTON Page 5 J/7/2()(l7 4.10 Reports The BORROWER, shall furnish the BOARD with quarterly progress reports, a Certified Closeout Amendment and other periodic rep0l1s at such times and on such forms as the BOARD may require, pel1aining to the activities undertaken pursuant to this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.13. 4.11 Indemnification The BORROWER will defend, protect, indemnifY, save, and hold hannless the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangible propel1y, arising from the acts or omissions of the BORROWER or any of its contractors or subcontractors, or any employees or agents in the performance of this agreement, however caused; In the case of negligence of both the BOARD and the BORROWER, any damages allowed shall be levied in Proportion to the percentage of negligence attributable to each party. 4.12 Amendments,Modifications, Assignments, and Waivers BORROWER may request an amendment to this agreement, which does not increase the amount of the loan, for the pmpose of modifying the ATTACHMENT I: SCOPE OF WORK. or for extending the time of performance as provided for in Section 4.05. Neither this agreement nor any claims arising under this agreement may be transferred or assigned by the BORROWER without prior wlitten consent of the BOARD. No conditions or provisions of this agreement may be waived unless approved by the BOARD in writing. No amendment or modification shall take effect until approved in wliting by both the BOARD and the BORROWER and attached hereto. 4.13 Termination for Cause If the BORROWER fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT 1: SCOPE OF WORK., the BOARD may telminate the agreement in whole or in part at any time. The BOARD shall notifY the BORROWER in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Nothing in this section shall affect the BORROWER's obligation to repay the unpaid balance of the loan. 4.14 Telmination For Convenience The BOARD may terminate this agreement in the event that federal or state funds are no longer available to the BOARD, or are not appropriated for the pUlpose of meeting the BOARD'S obligations under this agreement. Termination will be effective when the BOARD sends written notice of telmination to the BORROWER. Nothing in this section shall affect BORROWER obligations to repay the unpaid balance of the loan. CITY OF BREMERTON Page 6 3/7/2007 4.15 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and pelformance hereof shall be govemed by, the laws of the state of Washington. Venue of any suit between the pm1ies arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing pmty is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4.16 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jwisdiction, this invalidity does not affect other provisions of . the agreement which can be given effect without the invalid provision. 4.17 Proiect Completion and Closeout Amendment The BORROWER shall initiate a Closeout Amendment when the actlVltIes identified in ATTACHMENT I: SCOPE OF WORK are completed. The BOARD will supply the BORROWER with the Certified Closeout Amendment docurn~nts upon request. The BORROWER will provide the following infonnation to the BOARD: 1. A certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described. 2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is complete and has beeri designed/constructed to required standards. 3. Certification that all costs associated with the project have been incurred. Costs are incwTed when goods and services are received and/or contract work is performed. 4. Provide status of perfolmance measures identified in A TT ACHMENT I: SCOPE OF WORK. 5. In accordance with Section 4.03 of this agreement, the BORROWER will submit, together with the Certified Closeout Amendment, a request for a sum not to exceed the loan amount or refund of any excess loan funds. Any final disbursement shall not Occur prior to the completion of all project activities. 6. Repayment of excess loan funds disbursed to the BORROWER must be made within 30 days of completion of the Ce11ified Closeout Amendment. 4.1-8 Contractor Requirement The BORROWER shall be responsible to ensure that their contractor(s) are in compliance with the Department of Revenue and the Depm1ment of Labor & Industries requirements. CITY OF BR['~1ERTON Page 7 37/2007 4.19 Audit Audits of the BORROWER'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Depat1ment of Community, Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by the BORROWER. 4.20 Proiect Signs If the BORROWER displays, during the period covered by this agreement, signs or markers identifYing those agencies participating financially in the approved project, the sign or marker must identifY the Washington State Public Works Trust Fund as a participant in the project. 4.21 Nondiscrimination Provision During the perforrnanceof this contract, the BORROWER shall comply with all federal and state nondiscrimination laws,incIuding, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42U.S.C. 12101 etseq, the Americans with Disabilities Act (ADA). In the event of the BORROWER'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the BORROWER may be declared ineligible for further contracts with the BOARD. The BORROWER shall, however, be given a reasonable time in which to cure this noncompliance. 4.22 Historical and Cultural Artifacts Borrower agrees that BOlTower is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural al1ifacts and agrees to hold hannless the State of Washington in relation to any claim related to such histOlical or cultural artifacts discovered, disturbed, or damaged asa result of Borrower's public works project funded under this agreement. The BORROWER agrees that, unless Bon'ower is proceeding under an approved histOlical and cultural artifacts monitoring plan or other memorandum of agreement, if historical or cultural at1ifacts are discovered during construction, the BORROWER shall immediately stop constmction and notifY the local historical preservation officer and the state's historical preservation officer at the Washington State Department of Archaeology and Historic Preservation (DAHP). The BORROWER shall require this provision to be contained in all contracts for work or services related to ATTACHMENT I: SCOPE OF WORK. In addition to the requirements set forth in this agreement Borrower agrees to comply with Revised Code of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, Washington Administrative Code (WAC) 25- 48 regarding Archaeological Excavation and Removal Permits. CITY OF BREIVIERTON Page 8 3i7'2il07 In addition to the requirements set forth in this agreement BOlTower shall, in accordance with Executive Order 05-05, coordinate with DAHP, including any recommended consultation with any affected tribe(s), during project design and prior to constlUction to determine the existence of any tribal cultural resources affected by the proposed public works project. BOlTower agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre-requisite to receipt of funds under this agreement. Bonuwer agrees to furnish to the Board copies of any monitoring plan or agreement arising from Borrower's coordination and consultation with DAHP or an affected tribe. Failure by Borrower to fully comply with the requirements set forth in this provision to the satisfaction of the Board shall result in a suspension of loan disbursements or termination of this agreement if not timely cured. PART V: SPECIAL CONDITION None PART VI: SPECIALASSURANCES The BORROWER assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5.01 Competitive Bidding Requirements The BORROWER shall comply with the provisions ofRCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Tmst Fund program. 5.02 Eligible Proiect Costs The BORROWER assures compliance with WAC 399-30-030 which identifies eligible costs for projects assisted with Public Works TlUst Fund loans. CITY OF BREMERTON Page 9 3n'20()7 PUBLIC WORKS TRUST FUND ATTACHMENT 1: SCOPE OF WORK LOAN NUMBER PW-07-962-004 BREMERTON ANDERSON COVE SEWAGE PUMP STATION CW-I UPGRADE 1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan. (Attach additional sheets if necessary): This project will consist of upgrading Sewage Pump Station CW-I to increase capacity and reduce Combined Sewer Overflow Events at Basins 10 and II in the Anderson Cove Basin to less than one per year per outfall in compliance with WAC 173-245. The upgrade will include increasing the pump station capacity from 1900 gpm to 3500 gpm thru installation of new pumps and associated mechanical and electrical equipment. Document2 SCOPE OF WORK Page 2 PW -07 -962-004 2. Identify the project's performance measure. (See examples 1-3 below.) What are you Measuring Currently wastewater flow in excess of the system capacity is released to the Puget Sound as Combined Sewer Overflows. Upgrading pump station CW -1 will increase sewage conveyance to the City's Wastewater Treatment Plant, and reduce the number of Combined Sewer Overflow events into the Port Washington Narrows. Amount of Change In 2006, Basin 10 and 11 had 10 and 13 individual Combined Sewer Overflow events, respectively for a total of 23 individual CSO events from the two basins. Construction of the upgrade to pump station CW -1 will reduce the events to one CSO event or less per basin annually in compliance with State Law (WAC 173-245.) Expected date to reach Performance Measure - MonthN ear CSO Reduction will be attained upon completion of the pump station upgrade which is currently scheduled for December 31, 2007. Performance Measure Example 1 Performance Measure Example 3 What are you Measuring The City has been experiencing 27% unaccounted for water loss in the system. The improvements will decrease the percentage to 15% total loss Amount of Change Amount of unaccounted for water will be reduced from 27% in 2004 to the standard of] 5% by 2008 ~~F_(;Lc!!lle to reach Performance Measure - Month/Year A ril 2008 Document2 Performance Measure Example 2 What are yoU Measuring 100 accidents occurred between June 2004 and June 2005. This project will reduce the number of accidents at this intersection. Amount of Change With improvements in place, the accident rate will be reduced by 35% What are YOU Measuring The wastewater treatment plant does not have adequate capacity to treat peak load and flows. This project will bring the City into compliance with their NPDES permit limits Amount of Change Improvements will provide an average dry weather flow capacity of 0.33 million gallon/day (mgd) and a peak wet weather capacity of2.6 mgd which is within permit limits Expected date to reach Performance I Expected date to reach Perfom1ance Measure - Month/Year J' Measure - Month/Year June 2008 . September 2008 SCOPE OF WORK Page 4 PW -07 -962-004 Estimated Project Costs: Engineering Environmental Review LandJR-O-W Acquisition Public Involvement/Information Other Fees Construction Construction Inspection Contingency L %) 1. Other (Specify) 2. Other (Specify) TOTAL ESTIMATED COSTS Total Costs $ 230,800 $ $ $ $ $ 1,004,000 $ 80,200 $ 40,000 $ $ $ 1,355,000 35,000 170,000 475,000 Document2 $ $ $ 680,000 $ 675,000 BREMER TON PW-07-962-004 Loan Security Please indicate which option will be used for securing repayment of your loan and return this with your completed Scope of Work. 1. General Obligation: The loan will be secured by general obligation of the BORROWER. OR 2. _X_Revenue Obligation: The loan will be secured by utility revenue payable solely from the utility system indicated below. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the BORROWER the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. Please choose one of the following utility systems: Water _X_ Sanitary Sewer (Wastewater) Stormwater Water/Sanitary Sewer Stormwater/Sanitary Sewer Solid Waste NOTE: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. BORROWERS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option. OR 3. _ Local Improvement District: Pursuant to RCW 35.51.050, the BORROWER pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is Public Works Trust Fund ATTACHMENT II: ATTORNEY'S CERTIFICATION I, , hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the (the BORROWER); and I have also examined any and all documents and records which are pertinent to the loan agreement, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The BORROWER is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The BORROWER is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the BORROWER from repaying the Public Works Trust Fund loan extended by the DEPARTMENT with respect to such project. The BORROWER is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the BORROWER Signature of Attorney Date Name Address DA TE SUBMITTED: March 30, 2007 BILL# D7- 085 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SF ................a...........g...a.........aam....aga......D.aaam........ma.ag........... SUBJECT: Acceptance of PWTF Loan Agreement No. PW-07-962-005 Committee Meeting Date: April 11, 2007 COUNCIL MEETING Date: April 18, 2007 Department: PW &U, Engineering Presenter: Thomas Knuckey Phone: 473-2376 SUMMARY: The existing sanitary sewer line in Sheldon Boulevard is failing and requires replacement. The City has been awarded a Public Works Trust Fund Loan in the amount of $300,000 for design and construction of a replacement of the existing sanitary sewer. ATTACHMENTS: 1. Council Summary 2. Map Exhibit 3. PWTF Loan Agreement FISCAL IMP ACTS (Include Budgeted Amount): This project is included in the Capital ) Improvement Plan and in the 2007 Budget. I APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~ 4fJJ e~~ >A~'; (;7'" COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve Public Works Trust Fund Loan No. PW-07-962- 005 and authorize the Mayor to finalize and execute the loan agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table ab, Agenda Bills 2007, PWTF Sheldon Bd. o Continue 0 No Action SHELDON BOULEVARD SEWER RECONSTRUCTION ACCEPTANCE OF PUBLIC WORKS TRUST FUND LOAN COUNCIL SUMMARY Summary The Sheldon Boulevard sewer line is a gravity sewer that is in severe disrepair due to damage from a combination of sulfide degradation and excessive surface loading due to its shallow depth. This project will design and construct approximately 1 ,300-feeet of new sewer interceptor and collector pipe under Sheldon Boulevard between Highland Avenue and Park Avenue. Fiscal Summary The City has been awarded a Public Works Trust Fund Loan for $300,000 to fund design and construction of the replacement sewer. The loan will fund all City costs associated with the repair. Loan terms are as follows: Loan Amount = Match Required = Term = I nterest Rate = Annual Debt Service (Approx) = $300,000 $0 20-years 2% $18,348 This project is included in the Capital Improvement Plan, and in the 2007 budget. This loan, and all currently forecast debt not anticipated by the 2005 Rate Study, was included in the attached revenue requirements evaluation. The analysis concluded that the proposed additional debt will not impair the adequacy of the fund balance for the wastewater utility, and further that rate revenues as currently anticipated are sufficient to cover the projected operating costs, debt service (with additions) and capital expenditures not provided with debt proceeds. City of Bremerton - Council Summary PWTF Sheldon SelVer Reconstruction March 2007 WasteWater System Revenue Requirements Update Current 3/22/2007 2007 2008 2009 2010 2011 Beginning WasteWater Fund Balance $2,472,973 $1,565,133 $2,283,876 $3,659,303 $5,433,915 Revenues from Rates & Fees for Services (Note 1) $12,634,658 $13,013,698 $13,404,109 $13,806,232 $14,220,419 Revenues from Other Sources Excluding Grants & Loan proceeds (Note 1) $390,000 $92,700 $95,481 $98,345 $101,296 Revenues from Grants & Loan Proceeds $10,636,976 $600,000 $1,450,000 $7,200,000 $5,000,000 Additional Revenues from Southwest Bremerton Sewer Project (see detail below) $91,050 $375,000 $408,000 $441,000 $474,000 Total Revenues & Receipts $23,752,684 $14,081,398 $15,357,590 $21,545,577 $19,795,715 Operating Expenses (personnel & supplies/services) (Note 1) $5,478,848 $5,643,213 $5,812,510 $5,986,885 $6,166,492 Debt Service Expense (includes new debt assumed) $5,105,408 $4,013,585 $2,725,709 $2,924,768 $2,913,826 Capital Expenditures (includes additional capital programs) $12,965,000 $2,561,250 $4,265,000 $9,645,000 $7,565,000 Transfers (Note 1) $1,111,268 $1,144,606 $1,178,944 $1,214,313 $1,250,742 Total Expenditures & Transfers $24,660,524 $13,362,654 $13,982,163 $19,770,966 $17,896,060 Ending WasteWater Fund Balance $1,565,133 $2,283,876 $3,659,303 $5,433,915 $7,333,570 Ending Fund Balance Target Level (12% of Operating Expense Budget) $1,403,463 $1,296,169 $1,166,060 $1,215,116 $1,239,727 Meets Financial Goals & Policies Target? Yes Yes Yes Yes Yes Debt Service Coverage Factor (Wastewater System Only) 1.22 1.67 2.54 2.44 2.53 Recap of Changes from 2005 Rate Study Update 2005 Rate Study Capital Project Expenditures $7,615,000 $2,341,250 $3,320,000 $3,945,000 $2,515,000 Capital Project Funding Sources (including Grants & Loans) $8,237,285 $2,800,000 $2,360,000 $2,421,800 $2,485,454 Residual Capital Funding to be provided by Rate Revenue Current Proposed Activity Capital Projects in Current Revised CI P $12,965,000 $2,561,250 $4,265,000 $9,645,000 $7,565,000 Less Capital Projects included in 2005 Rate Study $7,615,000 $2,341,250 $3,320,000 $3,945,000 $2,515,000 Equals New Capital Projects not inciuded in 2005 Rate Study $5,350,000 $220,000 $945,000 $5,700,000 $5,050,000 Current Projection of Capital Funding Sources from Grants & Loans $10,636,976 $600,000 $1,450,000 $7,200,000 $5,000,000 Less Capital Funding Sources from Grants & Loans included in 2005 Rate Study $6,037,285 $500,000 $0 $0 $0 Equals New Grants & Loans not included in 2005 Rate Study $4,599,691 $100,000 $1,450,000 $7,200,000 $5,000,000 Additional Debt Service from New Loans not included in 2005 Rate Study $143,000 $759,000 $759,000 $969,000 $969,000 Southwest Bremerton Sewer Project (not included in 2005 Rate Study) Additional General Facilities Charges $90,000 $350,000 $350,000 $350,000 $350,000 Additional Net Rate Revenue available for Capital Projects $1,050 $25,000 $58,000 $91,000 $124,000 Total Additional Receipts from Southwest Bremerton Sewer Project $91,050 $375,000 $408,000 $441,000 $474,000 Note 1 . Revenues and operating expenses in 2007 are per the adopted budget/rate schedules. future periods escalated at 3% CPI thereafter. Note 2 . Debt service coverage target per the Financial Goals & Policies is 1.5X for the combined utility systems. 2007 debt service coverage for the wastewater system standalone falls just short of the target level. but is expected to be above 1.5 on a combined system basis. Meets Financial Goals & Policies expectations. City of Bremerton - Council Summary PWTF Sheldon Sewer Reconstruction March 2007 PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT ~O[P>)f NUMBER PW-07-962-005 CITY OF BREMERTON PART I: ENTIRE AGREEMENT This agreement, and incorp()rated attachmentscontaiqs all terms and conditions agreed to by the WASHINGTON STATEPUBLICWORKS.sQARD(referredtRasthe "BOARD") and the CITY OF BREMERTON (referred to as the "BORROWER"} and no other statements or representations, written or oral, shall be deemed a part thereof This contract includes ATTACHMENT I: SCOPE OF WORK, which..consists ofa descpptionof local project activities, certification of theproject's usew1life, estimatedprojectc()sts awl fund sources; and ATTACHMENT II: ATTORNEY'S CERTIFIfATION'. T.h.~$e a1:t(ichments are, by this reference, incorporated into thisagreeme,ntasth()uglj~~t fort1;lfj.llIy .h.~r~il1: .. ., '-- . . - .. The PUBLIC WORKS BOARD arid the BQ1ill.OWERhaveexecllted this agreement as of the date and year last written below. ... PUBLIC WORKS BOARD BORROWER . Kelly Snyder, Assistant Director SignatUre APPROVED AS TO FORM ONLY This.6th Day bfMarch,2007 Rob McKenna Attorney General . Date FederalTaxpayer Identification Number By: SignatUre on File Andrew Scott Assistant Attorney General CITY OF BREMERTON Page 1 3/7/2007 PART II: INTRODUCTION This loan agreement is made and entered into by and between the BOARD, or its successor, and the BORROWER. Acting under the authority of Ghapter 43.155 RCW, the BOARD has awarded the BORROWER a Public Works Trust Fund loan for an approved public works project. PART III: PURPOSE . ,- - , . . . -- . , , .. P' _.. __., . . ............ ... ... ."" . .. The BOARD and thel~ORROWERhave'enteredinto this agreemenL,to undertake a local public works proj~ct thatflirthers the goals . and objectives of the <'Yclshington State Public Works Trust F'undJ>r()graIIl~. Theproject'willbeundertaJ<en byt,neB9RROWERand will includ~the activiti~s d<;:ssIibedin A IT ACHMENl'J: SCOPE QF}VORJ(.Theproject must be undertakenina2c()rdaric~'with'.PART IV: TERMS ANDCONDIJ'IONS,and all. ....applicable "'. ---" ...,._--" ,.--..... ... . .. .'-'". .... .. .. _.' -, -,' ,.. ",.... --'., ". sta~e. ~nd local..lawsand'Ordiriances".. which bythisreferepc~;are . insorporatedjntothis agreell1eIitasthollgh .setJorth fUlly herein. 4.01 Rate andTerin ()fLoan . .. .. .. . - . . -, -. " , . . '. '. -., "---,.,..,. . . .. .'. --'''.-. -., . PART IV: TERMS ANn CONDITIONS Thyparti~s~othisagreell1entagree as follows: . ,. -, . ., . . . .- ,- . . -, .. - ". . , -, -- '. - - , . . - , - , -. " . The:BOARD, usingfundsappropriaied from the Public WQrksAssistance Account, shall loan theBORROw;ERa s11mn9t to exceed $300,000. The int~rest f;at,e.~hall be 2% per aI1llQIIlon the olitstanding pril1cipa1balance. The term of the loan. shalln()texc;~,ed7Qyears,withth~final paymentdue Jll,lyl, 7.027, . . - . - -'.. -, ,. . - . . -.. .. , -,. -. . ... --,. - ,,-- . . - ',- .. .,-, . . . . - "._, , --. ". ,. . . . . "", . . ,-. . . - - --., -..,- '" . . .., ,'. ',. ' --. . '''.. . "-' ...... ... --.. ..--" , ,. The BORROWERpleclgestouse an amount oflocal fundsc:ls lQcalpIojecfshaf;e of not less than 5%bfthe total eligible portion of the project cost not funded by federalor state grc:lnts as identified inAITACHl\1ENT I: SCOPE OF WORK. The all1ountofthelocal funds will be verified at project closeout. Any increase in the percentageoflocalfunds may require an adjustment in the loan amount or interestratecharged,orbQth: ';[heinterestrate adjustment will apply to the remaining payments beginning the fiscal year of closeQut. ....The BORROWER agrees to execute the Certified Closeout Amendment as an amenclll1ent to this agreement adjusting the loan amount or interest rate, as appropriate. Eligible project costs must consist of expenditures eligible under WAC 399-30-030 and be related only to project activities described in A TT ACHl\1ENT I: SCOPE OF WORK. Only those costs incurred after execution of this loan agreement can be reimbursed with Public Works Trust Fund monies. Expenditures made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close out may be used as match for local project share. CITY OF BREMERTON Page 2 31712007 4.03 Disbursement of Loan Proceeds The availability of funds in the Public Works Assistance Account is a function of tax collection, loan repayment, and legislative appropriation. If funding or appropriation is not available at the time the invoice is. submitted, or when the agreement is executed, the issuance of warrants will be delayed or suspended until such time asfullds become available. Therefore, subject to the availability of funds, warrants shall be iss!1ed to the BORROWER for payment of allowable expenses incun:edbytheBORROWERwhile undertaking and administering approved project actiyitiesill;acc()rdance witJ:1 i\TT AC~NT I: SCOPE OF WORK. In no event shall the totaFPuQli2<\Vork:sTrllstFuIld loan exceed 95% of the eligible actual project costs. The BORROWEl> shaIlinitiatealoandisbursementusinga Washington State Invoice Voucher foriri. The Joan funds will be disbursed to HIe BORROWER asfolIows: . . . ., . - , . ...-. ----. P" ,.. .. ._--. - . .".., . . ". . ,. . . - ,.. Uponfoffilal exeC\lti()n Rf this agreement, a sumtlOt to exceed20%.ofthe approved Public Works TruStr~nd19anin~Ybe;disbursedt()theBORRO 'vVER.. . M()11ies . shall notb~. used.for anyco~stlUcti9lJf9stsiJ,Icurred priorto compliance with Ex.ecutiveOrder .05-05 Archaeologisal and Culfural Resources?as.referel1cedin Section 4;22 or SectionJ06 of the National Historic Preservation Act, whjSheverapplies to this project.. .. , - -- -'. . -. - ... - -.. ., , --., -- ". ..,", ':.- -' . " . Upon execution of a Public Works Trust Fund Notice toProceed,wlllch follows the fol1llal award of a const[Ucti()Il.contraCt, and documented compliance with Executive Qrder 057.05 Ar~haeologicaraIldCultlJral.R.esources as referenced in Section4.2for Section 106 of the NationaIJ-listoricBr~setva.tionAct, whichever applies to this project, a sum not to exceed 25% of the approvedPublic WorksTrust Fund loan may be disbursed to the BORROWER. . .:: .. -'.' ',' , -', When th~130RROWE.Rc~rtifiesthat 35% of the Public Works 'Trust Fund loan amount has been. spent, a sum. nottoexceed25%()f the approved Public Works Trust Fund 10aIl. WClybe disbursed to the BQRROWER .. . .. .. -., . '. ,. . . - ,. ", ., - " . . . -, , -. ,. ".. C" . - '" - '--P' o _, _ . _ _.. ,_ . '. " -'.. -',.. - -- -. "," --. '.- . -, --,. -. . - -'" " '. .- .. ". WhentheBQRRQWERCeriipesthat.60%ofthePublicWork:s TrustFund loan (lffiOll11t h;ls . -"... -,.. -,". ," -- ._, . -- - "- -' , " " "", , , ----,-. been speIlt,a Sum110ttO exc~ed 25%.offueapproved Public '\VorksTrust Fund Icml1iJnaybe disbursed to the BORROWER. .... ... ..... ... ... .. . . -,. . . .' ,':'.' ,;:,-,.;- '-' "'. :'-'- .','. "." At the time of project completion, the BORROWER shall submit,. toJhe BOARD, a Certified Closeout Amendment certifying the total actualprojectcostsand Wcal share. The final Public Works TrustFulld loan disbursement shall bring the total loan to the lesser of 95% of the eligible project costs orthe totalof$3QO,OOO. The Certified Closeout Amendment shall serve as a contract amendment determining fue final loan amount, local share and interest rate. In the event that the final costs identified in the Certified Closeout Amendment indicate that the BORROWER has received Public Works Trust Fund monies in excess of 95% of eligible costs, all funds in excess of 95% shall be repaid to the Public Works Assistance Account by payment to the Department of Community, Trade and Economic Development, or its successor, within 30 days of submission of the Certified Closeout Amendment. CITY OF BREMERTON Page 3 3/7/2007 4.04 Interest Earned on Public Works Trust Fund Moriies All interest earned on Public Works Trust Fund Monies held by the BORROWER shall accrue to the benefit of the BORROWER and be applied to the eligible costs of the approved project. Benefits shall accrue in one of two ways: 1. Reduce the amount of the Public Works Trust Fund loan, or 2. Pay any part of eligible project coststhafare<inexcess of A IT ACHMENT I: SCOPE OF WORK estimates):ifthereisilp crye,ffj.ln of project costs. .", , , , - - - , . The BORROWER shaHestablishproceclunistqensllre that all monies received from the Public Works Trust Fund loan can.be readilyidentifiep ,and accounted for at any time during the life of this loanagreement..suchprocecluresshilllconsist of the establishment ofa separate fund, account, sub-account OLanY other method meeting generally accepted accounting principles. In eventof termination, aHprincip~l, inte,reste,AJ11~4<qn invested loan principal, and accrued interest payableshaUberepai<i in'.fullwiihin3 o days by the BORROWER. The IlORROWER shallhegin the activities identified within ATTACHMENT 1: SCOPEOF . WORK no later than tmee(3)m{)nths after loan agreement execution. No later than Twenty- four(24)moIlthsafterloaIl agreement execution, the BORROWER must issue a Public Works Trust FundNoticetoProceed,which follows the formal award of a construction contract. No later, than forty-eight (4S)moIlths after the date of agreement execution the BORROWER must reach project completion. .. Failure to meet TimeofPerfonnance~hall constitute default qfthisagreement. In the event of extenuating circumstances,)h.eB()RR()W9Rmay request, in ""riting, that the BOARD: extend the deadline forprojecfcolllpleti()ll.'Tbe:BOABD rnay,bya tWo:'thirds vote, extend the deadline: . The term of thisagreemeI1lshall bef()r thee,ntiretetm.()f the loan,regardless ofacrual project completion, unlesstermin,lted sooneras providedherein: 4.06 Repayment Loan repayment installments.aredue onTuly J~tofeachyear during the 20-year fixed term of the loan. The first loanrepaymerttis<dueJl1lyl,200S,Interest only will be charged for this payment if a draw is made prior to this date. All subsequent payments shall consist of principal and accrued interest due on JulylSI ofeachye,ardluing the remaining tenn of the loan. Repayment of the loan under this agreement sha.Uinclude an interest rate of 2% per annum based on a 360 day year of twelve 30 day months. Interest will begin to accrue from the date each warrant is issued to the BORROWER. The final payment shall be on or before July I S\ 2027, of an amount sufficient to bring the loan balance to zero. The BORROWER has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without penalty. CITY OF BREMERTON Page 4 317/2007 The BORROWER will repay the laan in accardance with the preceding canditians thraugh the use .of a check, maney .order, .or equivalent means made payable ta the Washingtan State Department .of Cammunity, Trade and Ecanamic Develapment, .or its successar. 4.07 Default in Repayment Laan repayments shall be made ()ntheJaanin accardancewith Sectian 4.06 .of this agreement. A payment nat received withirithirty (30) days of thedll.e date spall be declared delinquent. Delinquent payments shallbeassess~d am()n.thIypenaltyl:>~giI111ingOnthe first (151) day past the due date. The penalty will b~assessed an the entire paYmenf~maunt.The penalty will be .one percent (1%) per rrJ.aIlth artwelv~ percent (12%)per al1llum.>The same penalty terms shall apply at project claseautifthe repayment .of lacmfurids in excess of eligible costs ar~nat repaid within 30 days as provided far inSectian4:03. . ... .. .. ... -",-. . . ,- ,. ,,- .. .. . - '.- -. - ,. ... . . - - . .-- .. '"""""'''.' --",,- ,. . - ''''.- "", -,. .. ,...." __" n, _. . . ,.- - ,.. . . ,. - ....-. . . ". - . ... - . -.. .., -, -. --. The BO RRO WERackribwl~dges~nd agre~st?th~BOAR.J)'Sj'igl1t,llpan,deIinquency in. the payment .of anyannualinstallment,tanatify any athereRtif)r,.~rrclitors, .()fpatential. creditarsaf the BORROWERofsuch~eliI1qllency~ . .. . '. . -, '. TheBORROWER shallberespanSiple far all legal fees incurred by thy BOARD inany actian undertaken ta enfarce itsrights ul1qer this sectian. . .... 4.08 Laan Security . , - , - , . ". . -. ,. . . - -- ... ... -" ... . - --- - -.." --,-. This laan is a revenue .obligation .of the BORROWER payables{)lelYfram the net revenue .of the~anitary Sewer system; Payments shall be made from tl1~.Ilet revenue ()ftheutility after the payment .of the prin~ipql <and.interest an any revenuy.b()nds;.nates, warrants or ather .obligatiansaf the utility haying a Jien an that net reYrpue. ..Asused here, "net revenue" means grass revenue. minusyxpynsys .of lTIaintenqpqeCind.. aperCiti()ns. The. EO ARD .. grants the BORROWER therighttoissuefiIture bonds'andl1aIesthat.t611siifiite a lien and charge an net rev~nue superi.orta tPeli~n.al1dchqrgeofthisJ()qn:agreelTI~l1k Thisqptian may be used .only if the entirepraject isma damestic water,sallitarys~wer,istotp1. sew.er .or salid waste utili ty proj ecl. . .... .... . .. '--". -.. . ,- ': '-, - ..._-,. ", .. ,. .. .... -..-.. . Nathingin this sectian shall abs.olvethe BORROWERofits .obligatian ta make laan repayments when due,and.ta adjust rates,fees,.otsurcharges, ifnecessary, ta meet its abligatians under this agreement. 4.09 Recardkeeping and Access to Records The BOARD, the BOARD's agents, and dulyautharized afficials.of the State shall have full access and the right ta examine, copy, excerpt, .or transcripeany pertinent dacuments, papers, recards, and baaks .of the BORROWER and afpersans,firms, .or arganizatians with which the BORROWER may cantract, invalving transactians related ta this project and this agreement. The BORROWER agrees ta retain all recards pertaining ta this project and this agreement far a peri ad .of six years fram the date .of project claseaut. If any litigatian, claim .or audit is started befare the expiratian .of the six-year periad, the records shall be retained until all litigatian, claims, .or audit findings invalving the recards have been resalved. CITY OF BREMERTON Page 5 3/7/2007 4.10 Reports The BORROWER, shall furnish the BOARD with quarterly progress reports, a Certified Closeout Amendment and other periodic reports at such times and on such forms as the BOARD may require, pertaining to the activitiesul1del."taken pursuant to this agreement. Failure to file periodic reports as requested may result in termination of this agreement as per Section 4.13. 4. I I Indemnification , .., " '''''' ., . -. -"', "._--.. ._,,,. -" .._u . '. ... . --,.-- .", --. ... -". -,', ," .- --,. . ,-.... .- :,-, ,"',. The BORROWER wiI1defend,prot~ct,indemnitY,isave, ~l1d h()Idharmless the BOARD, and the state of Washington -[rom and against anyan~rall claims,icosts,damages,. expenses, or liabilityJor anY,orall.iI1juriesto persons or tangible!propeny, arisin.gfromtheacts oron)jssions of the"BO:Rf-O'W2Ro~~lllr ofits contractors or .sppcontraQtor,s,?ranyemplqyees or agents in the perform~~ge .. ofthis.a~eem~nt, hmvever call*~d..\. Inithe case9fnegligence,of ..both the BOARI)~nd,th.ei,BORROWER,..anYdamages . allowed ,shall beJevie,d'in . proportion, to . the percentagepf negFgenqeattribptable to eachpany. . . . . ,. 4. I 2P..niendrrients;Modifications. Assignments, and Waivers ... - ,. :: , . ., ... ", ...::" . ", '-:--' . 4.13 Terinination foiCause . -; -'--''''.' -" .. . -'. - .-. ,. . .. -;0 _ . ... '. If the....BORROWERfaiIstocomply with the..terms.ofthis agreern.ent,Qrfailst()lls..e the..1ban . '" . - . -,. -. -- ", - ,. -.. proceeds only' for' thoseUlCtivities identified in ATTACHMENT l:'SCOPE OF WORK, the BOARDimay terminate the agreement in whole orin part at any tim~,The BOARD shall notifY theBORROWER in writing of its determination':to teITQinate,i:the reason for such termination, and the effective date of the termination. Nothingin1his section shall affect the BORROWER's obligation to repay the unpaid balance of the loan... 4. 14 Termination For Convenience The BOARD may terminate this agreement in the event that federal or state funds are no longer available to the BOARD, or are not appropriated for the purpose of meeting the BOARD'S obligations under this agreement. Termination will be effective when the BOARD sends written notice of termination to the BORROWER. Nothing in this section shall affect BORROWER obligations to repay the unpaid balance of the loan. CITY OF BREMERTON Page 6 317/2007 4.15 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevC:l.ilingpartyis'ehtitled.to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4.16 Severability . ._--,- . .-. If any provision. un. der.thi..... .sagree.m....... ellt.....o....r.....l.tS. ap.." plic.ation toa.ny pe.rson or circumstances is held invalid by any court ofrightfulju.risdiCtibn,this invalidity does not affect other provisions of the agreementwhichcan>begiv~lleffectwithoHftheinvalidprovision. . . . .- "'. - -, . . . ., - - ., '. . -. ,-,- ."'oo ,_,. .. . . . '.- . ", ,- ... -- - . ..,-, .. ',- ,...--- - .. ,.--, o. n , ,,,,., .. _ '. ... ,. . -. ., '" '-'--'. -., - . . -, .-,-, .-. . ". - ---- , -., -,..-. -.. .. . -. --. - ,... . , ... .. - ,.. .. . 4.17 Proiect C()lIlpletionandCloseout Amendmel1t . . ...'........ '.. ....... ........,.......<.i, ..' .",..<? .... ....... .... ... .. . Th~ B9RROWER..sh~1.1.inNat~..i(l.:.610seoutArn~ndIllel1t when the activitiesidentified..in ATTACIIMENTI:....S(X)PEiOfWOR.,KJlr~.completed. The BOARD ,will supply the l?ORROWER with theC~rtifiedCloseol1tAmeIldmentdocll!l1ents upon request. . -- - ,- - .-. - - ,.-- ,---. . .. - . . --'. . - , ,. . -, -.. ". -. - ._,. . - --..-. . - ".. -, -- .. -, - , . -. ", - . ,.. - -. ,. -. . , '" -, . . -- - - - , - .-. - - -- - '.... ,The BORRO\VEk will proyid~Jhefollowing information to the BOARD: 1. A(;ertifiedstat~ment'iof the actual dollar amounts spent, froin allfundsollrces"in cqmpletingthe projectas described. 2. A certified statement that1:l1e project, as described in the Loan Agreement's Scope Work, is completeal1d has been designed/constructed to required standards. . . , ., '. ,-. 3. CertificationthataI,Lsosts associa.ted. \Viththeproject have beenincllfred. ..... Costs are.. illcurryd w hengoodsaIld~.~rvicesar~receivedand/orcontract work is performyd.. . '.- .. ... . .- .. . - ". ',.. . - "','.. .. .- . . '. -.. ,- -- - . . . .- -.- . - .. - ., . 4. Provide status.Of peifotmanc~measl.l.res identified in A TT ACHME1\T'T .I:. WORK. .. .......... ..... .. .- .. . -,,' "" . --- . 5. In accordance with Section 4.03 of this agreement, the BORROWER will submit, together withth~ Certified CloseoutAmylldment, a request for asum not to exceed the loan amount or refund of aI1.yexcess loan funds. Any fInal disbursement shall not occur prior to the completion of aU prbject activities. 6. Repaymenrof excess loan funds disbursed to the BORROWER n:mst be made within 30 days of completion of the Certifi~dCloseoHt Amendment. 4.18 Contractor Requirement The BORROWER shall be responsible to ensure that their contractor(s) ilre in compliance with the Department of Revenue and the Department of Labor & Industries requirements. CITY OF BREMERTON Page 7 3/7/2007 4.19 Audit Audits of the BORROWER'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Department of Community, Trade and Economic Development, or its successor, may prescribe. Payment for the audit shall be made by the BORROWER 4.20 Proiect Signs . . If the BORROWER displays,.dllnngtheperi()d covered by thisagreem~nt, signs or markers identifying thoseagenc;iesparticip,ltingfinancially.in theapproyedproject, the sign or marker must identify th. eWashin.......gton S.t..ate Pu....b....licWor.ks trust Fund as a. p..articip..ant in th.e.project. . ... - ,- . . . . . 4.21 Nondiscrimination Provision . . - , , - " . ...... ..... ...., --'. .... .... ., -- -,-. . "," -"'., . ,. -- ',.-".. . During theperforrllallc(;:Qf;thiscontr~C!,the13()R-R-OWER.~hall.c9l11ply,\Vith all federal and state nondiscrimination laws,iipcludiIlg, but riot liriliteqtpiChapter A9: 60 RCW,:Washington' s Law Against Discril11inatigll'. ~ndA2U.S.C: 12101. ets~q, theA1l1ericanswithDisabilities Act (ADA). . .. .. ... . . .. - . - - ..... In the event of the BOR-R-OWER'S noncompliance or refusaltocol11ply with any applicable nondiscrimination law,:regulatign, or policy, this contractITIay beirescinded, canceled, or terminated in whole or.in.pa1,.and the BORROWER may bep~clared ineligible for further coritractswith the BOARD. The BORROWER shall, however, qe giyen a reasonable time in which to cure this noncolIlpliallce. ....--'.,......'" - -.', " , '"". ,,- u,".: . '" . Borrower agrees thatBotro\V#jsl(;:g,llly.~nd fIllanc;iallyresponsible'(or.compliance with all laws, 'regulations,al1daire(;:ITl~lltsrdat(;:a:totl1ePreservatiofofhistorical or cultural artifacts .... --. ...... .._" "'_'.. _.. B'_ _. ,_,_ ,. . and agr~estoh()ldhannless th~State>()t'\,y~shingtoIlip:ryl~60nto,my Claim related. to such historical or culturatartifast~'.discov~red, disturbed, or d~maged asa result.of Borrower's public works projectfund~4:lillder thisagreel11ent. ... .. - '....-. 4.22 Historical andCulturaFArtifacts ..- , ."" The BORROWER agrees that, unless Borroweri:~proc;eeding under arlapproved historical and cultural artifacts mollitoringplan ofotherrnemonmdum ofagreernent, ifhistoricalor cultural artifacts are discovered d~g con~tfllction, the BORROWER shall immediately stop construction and notify the.local Nstohcafpreservationofficer and the state's historical preservation officer at the WashingtollSt~teDepa.rtll1ent. of Archaeology and Historic Preservation (DAHP). The BORROWER shall require this provision to be contained in all contracts for work or services related to A IT ACHMENT I:. SCOPE OF WORK. In addition to the requirements set forth in this agreement BOlTower agrees to comply with Revised Code of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, Washington Administrative Code (WAC) 25- 48 regarding Archaeological Excavation and Removal Permits. CITY OF BREMERTON Page 8 317/2007 In addition to the requirements set forth in this agreement Borrower shall, in accordance with Executive Order 05-05, coordinate with DAHP, including any recommended consultation with any affected tribe(s), during project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed public works project. Borrower agrees to avoid, minimize, or mitigate impacts to.theculturalrespyrce as a continuing pre-requisite to receipt of funds under this agreement. .... Borrower agrees to furnish totheI3oard copiesof'anYlllpnitoringplan or agreement arising from Borrower's coordination and consultation with DAHPor an affected tribe. ....- ,. -.. . - , '-"" -- " -. .. -". '. "-..'--". . . . . ". __ __n _.. :. '. --. , -- . -" ,. . --. -.-... . '. . . ---, -- ., . , , - . ... ..... . , ..-- - -.... . ....-, .", - . . . . - - '" ,- - . Failure by Borrower to:fully comply with the reqlliremel11.s seUI()rth in this provision to the satisfaction of tht:Boardshall result in a suspension of lO1lIl disburs~fuent~,Qr termination of this agreement'if not timely cured. PART V: SPECIAL CONDITION None P ARTVI: SPECIAL ASSURANCES . --, -- - - - - ,- . - . . . " - -- ,.... . - - .,. - '. ..- '..., . . .. - .. . . . .. .. --,.. The BORROWER assurescompliance with all applicable state andlqcal laws, requirements, anclordinancesastheypertain to the design, implementation, an(l, administration of the approved project Of particular importance are the following: The BORRQ}.VER shall comply with the provisions of~C\V43.l55.060 regarding competitive bidding; requirements for projects assisted in wholeprin p~tt ~ith.l11()IleYJromthePublic.. Works Trust Fund program. . ... . . The BORROWER assures compliance with WAC 399-30-039 whichidentifies eligible costs for projeCts assisted with Public Works Trust Fundloans. CITY OF BREMERTON Page 9 3/7/2007 SCOPE OF WORK Page 2 PW -07 -962-005 2. Identify the project's performance measure. (See examples 1-3 below.) What are you Measuring Success of this project is replacement of the failing sewer, and will be measured by reducing the number of emergency repairs required to this section of the sewer system to zero during its design lifetime.. Amount of Change A 100% reduction in the number of emergency repairs during the design lifetime and completion of the project. Expected date to reach Performance Measure - MonthlY ~ar Project completion will be attained by 7/2008. Reduction in emergency repairs will be immediate, and will be measured over the design life of the improvements. Performance Measure Performance Measure Performance Measure Example 1 Example 2 Example 3 What are YOU Measuring What are YOU Measuring What are you Measuring The City has been experiencing 100 accidents occurred between The wastewater treatment plant does 27% unaccounted for water loss in June 2004 and June 2005. This not have adequate capacity to treat the system. The improvements will, project will reduce the number of peak load and flows. This project decrease the percentage to 15% accidents at this intersection. will bring the City into compliance total loss with their NPDES permit limits. Amount of Change Amount of Change Amount of Change Amount of unaccounted for water With improvements in place, the Improvements will provide an will be reduced from 27% in 2004 accident rate will be reduced by average dry weather flow capacity of to the standard of 15% by 2008 35% 0.33 million gallon/day (mgd) and a peak wet weather capacity of 2.6 mgd which is within permit limits Expected date to reach Performance Expected date to reach Performance Expected date to reach Performance Measure - MonthlY ear Measure - MonthlY ear Measure - MonthlY ear April 2008 June 2008 September 2008 Document2 SCOPE OF WORK Page 3 PW -07 -962-005 3. The term of this loan will be based on an engineer's certification ofthe expected useful life of the improvements, as stated below, or 20 years, whichever is less. If the local government prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated: 20 years. 4. I, Thomas Edward Knuckey, licensed engineer, certify that the average expected useful life for the improvements described above'is 20 years. Signed~~ Date: 3/7/07 30'D-?-{7~- 2 ~7 b ~ Telephone: Professional Engineer License Number 307'-/. '"3:. Document2 SCOPE OF WORK Page 4 PW -07 -962-005 Estimated Proiect Costs: Engineering Environmental Review Land/R-O-W Acquisition Public Involvement/Information Other Fees Construction Construction Inspection Contingency L%) 1. Other (Specify) 2. Other (Specify) TOTAL ESTIMATED COSTS Total Costs $ 30,000 $ 1,000 $ $ $ $ 285,000 $ $ $ $ $ 316,000 Anticipated Fund Sources: A. Federal Grants $ State Grants $ B. Locally Generated Revenue General Funds $ Capital Reserves $ Other Fund $ Rates $ 16,000 Assessments $ (LID, RID, ULID) Special Levies $ Federal Loan(s) from: (identify all) $ $ State Loan(s) from: (identify all) $ $ Other: (identify sources) $ $ TOTAL LOCAL REVENUE $ 16,000 C. PUBLIC WORKS TRUST FUND LOAN $ 300,000 Document2 SCOPE OF WORK Page 5 PW -07 -962-005 Calculating Local Percentage: Notes: 1. Grant funds cannot be counted as local match. Calculate as follows: Total Local Revenue PWTF Loan + Total Local Revenue Local Percentage 5.06% The local contribution must be at least: . Five percent (5%) Ten percent (10%) Fifteen percent (15%) for a loan interest rate of for a loan interest rate of for a loan interest rate of 2% 1% 0.5 Document2 BREMERTON PW -07 -962-005 Loan Security Please indicate which option will be used for securing repayment of your loan and return this with your completed Scope of Work. 1. General Obligation: The loan will be secured by general obligation of the BORROWER. OR 2. X Revenue Obligation: The loan will be secured by utility revenue payable solely from the utility system indicated below. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the BORROWER the right to issue future bonds and notes that cDnstitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. Please choose one of the following utility systems: Water X Sanitary Sewer (Wastewater) Stormwater Water/Sanitary Sewer Stormwater/Sanitary Sewer Solid Waste NOTE: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. BORROWERS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option. OR 3. _ Local Improvement District: Pursuant to RCW 35.51.050, the BORROWER pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is Public Works Trust Fund ATTACHMENT II: ATTORNEY'S CERTIFICATION I, , hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the (the BORROWER); and I have also examined any and all documents and records which are pertinent to the loan agreement, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The BORROWER is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The BORROWER is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the BORROWER from repaying the Public Works Trust Fund loan extended by the DEPARTMENT with respect to such project. The BORROWER is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the BORROWER. Signature of Attorney Date Name Address 07- 06(0 DATE SUBMITTED: March 30, 2007 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5q ....aa.....................................a................................8........... SUBJECT: Acceptance ofPWTF Loan Agreement No. PW-07-962-006 Committee Meeting Date: April 11, 2007 COUNCIL MEETING Date: Apri118,2007 Department: PW &U, Engineering Presenter: Thomas Knuckey Phone: 473-2376 SUMMARY: The City has been awarded a Public Works Trust Fund Loan in the amount of $3,000,000 to partially fund the construction of the upgrades to the City's Wastewater Treatment Plant. The upgrades will improve reliability of the plant and provide redundancy in critical components of the treatment processes. ATTACHMENTS: 1. Council Summary 2. Map, 3. PWTF Loan Agreement FISCAL IMP ACTS (Include Budgeted Amount): This project is inclu~e<! ip the Capital Improvement Plan and in the 2007 Budget. APPROV ALS: DEP ARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~~ e ~'-- "/f~jU77(~ ? CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve Public Works Trust Fund Loan No. PW-07-962- 006 and authorize the Mayor to finalize and execute the loan agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table ab, Agenda Bills 2007,PWTF WWTP Upgrade D Continue D No Action WASTEWATER TREATMENT PLANT UPGRADE ACCEPTANCE OF PUBLIC WORKS TRUST FUND LOAN COUNCIL SUMMARY Summary This loan will partially fund the construction of necessary upgrades to the City's Charleston WWTP. The upgrades include installation of two Rotary Drum Thickeners, a dewatering centrifuge and biosolids cake pumping system, a new engine generator, a new boiler, a new headworks screen, upgrading of the existing plant water system for cross-connection control, expansion of the odor control system, and other miscellaneous associated improvements. Installation of the new equipment will increase plant reliability, and provide redundancy in the biosolids treatment process. Fiscal Summary The City has been awarded a Public Works Trust Fund Loan for $3,000,000 to partially fund construction of the work. The loan terms are as follows: Loan Amount = Match Required = Term = I nterest Rate = Annual Debt Service (Approx) = $3,000,000 5% Minimum 20-years > 0.5% $158,000 . The WWTP Upgrade is funded by a combination of loans and a STAG Grant. Existing and proposed sources of funds are: Loan/Grant STAG Grant PWTF - SRF - DOE PWTF- -In hand In Hand In Hand Proposed Amount $1,746,000 $200,000 $1,000,000 $3,000,000 Loan Fee (included N/A N/A N/A N/A in Loan Amount) Match Required 71% 15% N/A 15% Term N/A 5-Years (Note 1) 20-Years 20-Years Interest Rate N/A 0.5% 2.6% 0.5% Annual Debt Service N/A $40,500 $64,500 $158,000 (approx.) Notes: 1. The term of the PWTF design loan can be increased to 20-years if the City has secured construction financing by June 30, 2007. Upon execution of this PWTF loan, the City will pursue the available increase in the term of this loan. This project is included in the Capital Improvement Plan, and in the 2007 budget. This loan, and all currently forecast debt not anticipated by the 2005 Rate Study, was included in the attached revenue requirements evaluation. The analysis concluded that the proposed additional debt will not impair the adequacy of the fund balance for the wastewater utility, and further that rate revenues as currently anticipated are sufficient to cover the projected operating costs, debt service (with additions) and capital expenditures not provided with debt City of Bremerton - Council Summary PWTF Loan WWTP Upgrade March 2007 proceeds. WasteWater System Revenue Requirements Update Current 3/22/2007 2007 2008 2009 2010 2011 Beginning WasteWater Fund Balance $2,472,973 $1,565,133 $2,283,876 $3,659,303 $5,433,915 Revenues from Rates & Fees for Services (Note 1) $12,634,658 $13,013,698 $13,404,109 $13,806,232 $14,220,419 Revenues from Other Sources Excluding Grants & Loan proceeds (Note 1) $390,000 $92,700 $95,481 $98,345 $101,296 Revenues from Grants & Loan Proceeds $10,636,976 $600,000 $1,450,000 $7,200,000 $5,000,000 Additional Revenues from Southwest Bremerton Sewer Project (see detail below) $91,050 $375,000 $408,000 $441,000 $474,000 Total Revenues & Receipts $23,752,684 $14,081,398 $15,357,590 $21,545,577 $19,795,715 Operating Expenses (personnel & supplies/services) (Note 1) $5,478,848 $5,643,213 $5,812,510 $5,986,885 $6,166,492 Debt Service Expense (includes new debt assumed) $5,105,408 $4,013,585 $2,725,709 $2,924,768 $2,913,826 Capital Expenditures (includes additional capital programs) $12,965,000 $2,561,250 $4,265,000 $9,645,000 $7,565,000 Transfers (Note 1) $1,111,268 $1,144,606 $1,178,944 $1,214,313 $1,250,742 Total Expenditures & Transfers $24,660,524 $13,362,654 $13,982,163 $19,770,966 $17,896,060 Ending WasteWater Fund Balance $1,565,133 $2,283,876 $3,659,303 $5,433,915 $7,333,570 Ending Fund Balance Target Level (12% of Operating Expense Budget) $1,403,463 $1,296,169 $1,166,060 $1,215,116 $1,239,727 Mests Financial Goals & Policies Target? Yes Yes Yes Yes Yes Debt Service Coverage Factor (Wastewater System Only) 1.22 1.67 2.54 2.44 2.53 Recap of Changes from 2005 Rate Study Update 2005 Rate Study Capital Project Expenditures $7,615,000 $2,341,250 $3,320,000 $3,945,000 $2,515,000 Capital Project Funding Sources (including Grants & Loans) $8,237,285 $2,800,000 $2,360,000 $2,421,800 $2,485,454 Residual Capital Funding to be provided by Rate Revenue Current Proposed Activity Capital Projects in Current Revised CIP $12,965,000 $2,561,250 $4,265,000 $9,645,000 $7,565,000 Less Capital Projects included in 2005 Rate Study $7,615,000 $2,341,250 $3,320,000 $3,945,000 $2,515,000 Equals New Capital Projects not included in 2005 Rate Study $5,350,000 $220-,000 $945,000 $5,700,000 $5,050,000 Current Projection of Capital Funding Sources from Grants & Loans $10,636,976 $600,000 $1,450,000 $7,200,000 $5,000,000 Less Capital Funding Sources from Grants & Loans included in 2005 Rate Study $6,037,285 $500,000 $0 $0 $0 Equals New Grants & Loans not included in 2005 Rate Study $4,599,691 $100,000 $1,450,000 $7,200,000 $5,000,000 Additional Debt Service from New Loans not included in 2005 Rate Study $143,000 $759,000 $759,000 $969,000 $969,000 Southwest Bremerton Sewer Project (not included in 2005 Rate Study) Additional General Facilities Charges $90,000 $350,000 $350,000 $350,000 $350,000 Additional Net Rate Revenue available for Capital Projects $1,050 $25,000 $58,000 $91,000 $124,000 Total Additional Receipts from Southwest Bremerton Sewer Project $91,050 $375,000 $408,000 $441,000 $474,000 Note 1 _ Revenues and operating expenses in 2007 are per the adopted budgeUrate schedules. future periods escalated at3% CPI thereafter. Note 2 _ Debt service coverage target per the Financial Goals & Policies is 1.5X for the combined utility systems. 2007 debt service coverage for the wastewater system standalone falls just short of the target level - but is expected to be above 1.5 on a combined system basis. Meets Financial Goals & Policies expectations. City of Bremer/on - Council Summary PWTF Loan WWTP Upgrade March 2007 PUBLIC WORKS TRUST FUND CONSTRUCTION LOAN AGREEMENT NUMBER PW -07-962-006 CITY OF BREMERTON PARTI: ENTIRE AGREEMENT This agreement, and incorporated attachments containsall,termsimdconditions agreed to by the WASHINGTON STATE PUBLICWORKS BOARD {referred t<:>asthe"BOARD") and the CITY OF BREMER-TON (referred to as the "BORROWER"} and noother statements or representations, written or oral; shall be deemed a part thereof. This contract includes ATTACHMENT I: SCOPE OF WORK, which consists. ofa descriptioIl.of local project activities, certification of the project's useful life, estimatedproject.costs <:iI1dfund sources; and ATTACHMENT II: . ATTORNEY'S CERTIFICATION. These attachments are, by this reference, inc:<:>rpoia~ed ihtothis<:igreement asthOllghset forthft111y her~ih. BORROWER Kelly Snyder, AssistantDiredoi Print Name APPROVED AS TO FORM ONLY This 6th Day of March; 2007 Rob McKenna Attorney General federal Taxpayer Identification Number By: Signature on File Andrew Scott Assistant Attorney General CITY OF BREMERTON Page 1 3/7/2007 PART II: INTRODUCTION This loan agreement is made and entered into by and between the BOARD, or its successor, and the BORROWER. Acting under the authority of Chapter 43.155 RCW, the BOARD has awarded the BORROWER a Public Works Tmst Fund loan for an approved public works project. PART III: PURPOSE The BOARD and the BORROWER have entered into this agreement to unde11ake a local public works project that furthers the goals and objectives of the Washington State Public Works Tmst Fund Program. The project will be undel1aken by the BORROWER and will include the activities described in A TT ACHMENT L SCOPE OF WORK. The project must be undertakenin accordance with PART IV: TERMS AND CONDITIONS, and all applicable state and local laws and ordinances, which by this reference are incorporated into this agreement as though set f0l1hfully herein. PART IV: TERMS AND CONDITIONS The parties to this agreement agree as follows: 4.01 Rate and Tenn of Loan The BOARD, using funds appropriated from the Public Works Assistance Account, shall loan the BORROWER a sum not to exceed $3,000,000. The interest rate shall be 0.5% per annum on the outstanding principal balance. The term of the loan shall not exceed 20 years, with the final payment due July I, 2027. 4.02 Eligible Proiect Costs and Local Proiect Share The BORROWER pledges to use an amount oflocal funds as local project share of not less than 15% of the total eligible p0l1ion of the project cost not funded by federal or state grants as identified in ATTACHMENT I: SCOPE OF WORK. The amount of the local funds will be verified at project closeout. Any increase in the percentage oflocal funds may require an adjustment in the loan amount or interest rate charged, orboth. The interest rate adjustment will apply to the remaining payments beginning the fiscal year of closeout. The BORROWER agrees to execute the Certified Closeout Amendment as an amendment to this agreement adjusting the loan amount or interest rate, as appropriate. Eligible project costs must consist of expenditures eligible under WAC 399-30-030 and be related only to project activities described in A IT ACHMENT 1: SCOPE OF WORK. Only those costs incurred after execution of this loan agreement can be reimbursed with Public Works Trust Fund monies. Expenditures made up to twelve (12) months prior to the execution of the loan agreement and verified at the time of project close OLlt may be used as match for local project share. CITY OF BREtviERTON Page 2 317i201J7 4.03 Disbursement of Loan Proceeds The availability of funds in the Public Works Assistance Account is a function of tax collection, loan repayment, and legislative appropriation. If funding or appropriation is not available at the time the invoice is submitted, or when the agreement is executed, the issuance of warrants will be delayed or suspended until such time as funds become available. Therefore, subject to the availability of funds, warrants shall be issued to the BORROWER for payment of allowable expenses incun-ed by the BORROWER while undertaking and administering approved project activities in accordance with A TT ACHMENT I: SCOPE OF WORK. In no event shall the total Public Works Trust Fund loan exceed 85% of the eligible actual project costs. The BORROWER shall initiate a loan disbursement using a Washington State Invoice Voucher form. The loan funds will be disbursed to the BORROWER as follows: Upon formal execution. of this agreement, a sum not to exceed 20% of the approved Public Works TrustFund loan may be disbursed to the BORROWER. Monies shall not be used for any construction costs incurred prior to compliance with Executive Order 05-05 Archa.eological and Cultural Resources as referenced in Section 4.22 or Section 106 of the National Historic Preservation Act, whichever applies to this project. Upon execution of a Public Works Trust Fund Notice to Proceed, which follows the formal award of a construction contract, and documented compliance with Executive Order 05-05 Archaeological and Cultural Resources as referenced in Section 4.22 or Sectionl 06 of the National Historic Preservation Act, whichever applies to this project, a sum not to exceed 25% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. When the BORROWER certifies that 35% of the Public Works Trust Fund loan amount has been spent, a sum not to exceed 25% of the approved Public Works Trust Fund loan may be disbursed to the BORROWER. When the BORROWER certifies that 60% of the Public Works Trust Fund loan amount has been spent, a sum not to exceed 25% of the approved Public Works Trust Fund loan maybe disbursed to the BORROWER. At the time of project completion, the BORROWER shall submit, to the BOARD, a Cel1ified Closeout Amendment cel1ifYing the total actual project costs and local share. The final Public Works Trust Fund hin disbursement shall bring the total loan to the lesser of 85% of the eligible project costs or the total of $3,000,000. The Certified Closeout Amendment shall serve as a contract amendment determining the final loan amount, local share and interest rate. In the event that the final costs identified in the Cel1ified Closeout Amendment indicate that the BORROWER has received Public Works Trust Fund monies in excess of 85% of eligible costs, all funds in excess of 85% shall be repaid to the Public Works Assistance Account by payment to the Depm1ment of Community, Trade and Economic Development, or its Sllccessor, within 30 clays of submission of the Cel1ified Closeout Amendment. errv or BREi'viERTON Page 3 3i7/2007 4.04 Interest Eamed on Public Works Trust Fund Monies All interest eamed on Public Works Trust Fund Monies held by the BORROWER shall accrue to the benefit of the BORROWER and be applied to the eligible costs of the approved project Benefits shall accrue in one of two ways: 1. Reduce the amount of the Public Works Trust Fund loan, or 2. Pay any part of eligible project costs that are in excess of ATTACHMENT I: SCOPE OF WORK estimates, if there is an ovelTUn ofproject costs. The BORROWER shall establish procedures to ensure that all monies received from the Public Works Trust Fund loan can be readily identified and accounted for at any time during the life of this loan agreement Such procedures shall consist of the establishment of a separate fund, account, sub-account or any other method meeting generally accepted accounting principles. In event of termination, all principal, interest eamed on invested loan principal, and accrued interest payable shall be repaid in full within 30 days by the BORROWER. 4.05 Time of Performance The BORROWER shall begin the activities identified within ATTACHMENT I: SCOPE OF WORK no later than three (3) months after loan agreement execution. No later than Twenty- four (24) months after loan agreement execution, the BORROWER must issue a Public Works Trust Fund Notice to Proceed, which follows the formal award of a construction contract No later than forty~eight (48) months after the date of agreement execution the BORROWER must reach project completion. Failure to meet Time of Performance shall constitute default of this agreement. In the event of extenuating circumstances, the BORROWER may request, in writing, that the BOARD extend the deadline for project completion. The BOARD may, by a two-thirds vote, extend the deadline. The telm of this agreement shall be for the entire term of the loan, regardless of actual project completion, unless terminated sooner as provided herein. 4.06 Repayment Loan repayment installments are due on Jl.1ly 1 st of each year during the 20-year fixed term of the loan. The first loan repaymeli.t is due July 1, 2008. Interest only will be charged for this payment if a draw is made prior to this date. All subsequent payments shall consist of principal and accrued interest due on July 1 st of each year during the remaining term of the loan. Repayment of the loan under this agreement shall include an interest rate of 0.5% per annum based on a 360 day year of twelve 30 day months. Interest will begin to accrue fi'om the date each wanant is issued to the BORROWER. The final payment shall be on or before July 151, 2027, of an amount sutlicient to bring the loan balance to zero. The BORROWER has the right to repay the unpaid balance of the loan in filll at any time or make accelerated payments without penalty. CiTY OF BREiViERTON Page 4 Yh2()()7 The BORROWER will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of Community, Trade and Economic Development, or its successor. 4.07 Default in Repayment Loan repayments shall be made on the loan in accordance with Section 4.06 of this agreement. A payment not received within thilty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first (15t) day past the due date. The penalty will be assessed on the entire payment amount. The penalty will be one percent (1 %) per month or twelve percent (12%) per annum. The same penalty terms shall apply at project closeout if the repayment of loan funds in excess of eligible costs are not repaid within 30 days as provided for in Section 4.03. The BORROWER acknowledges and agrees to the BOARD'S right, upon delinquency in the payment of any annual installment, to notifY any other entity, creditors, or potential creditors of the BORROWER of such delinquency. The BORROWER shall be responsible for all legal fees incurred by.the BOARD in any action undertaken to enforce its rights under this section. 4.08 Loan Security This loan is a revenue obligation of the BORROWER payable solely from the net revenue of the Sanitary Sewer system. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As. used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the BORROWER the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. Nothing in this section shall absolve the BORROWER of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this agreement. 4.09 Recordkeeping and Access to Records The BOARD, the BOARD's agents, and duly authorized officials of the State shall have full access and the right to examine, copy, excerpt, or transcribe any peltinent documents, papers, records, and books of the BORROWER and of persons, finns, or organizations with which the BORRO\\1ER may contract, involving transactions related to this project and this agreement. The BORROWER agrees to retain all records pertaining to this project and this agreement for a period of six years 11'om the date of project closeout. If any litigation, claim or audit is started before the expiration of the six-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. CITY or- 13RErV1ERTON Page 5 ~i7'2()() 7 4.10 Reports The BORROWER, shall fumish the BOARD with quarterly progress reports, a Cel1ified Closeout Amendment and other periodic rep0l1s at such times and on such forms as the BOARD may require, pertaining to the activities undertaken pursuant to this agreement. Failure to file periodic rep0l1s as requested may result in telmination of this agreement as per Section 4.13. 4.11 Indemnification The BORROWER will defend, protect, indemnify, save, and hold harmless the BOARD, and the state of Washington from and against any and all claims, costs, damages, expenses, or liability for any or all injuries to persons or tangibleproperty, arising from the acts or omissions of the BORROWER or any of its contractors or subcontractors, or any employees or agents in the perfOlmance of this agreement, however caused. In the case of negligence of both the BOARD and the BORROWER,ariy damages allowed shall be levied in proportion to the p~rcentage of negligence attributable to each party. 4.12 Amendments. Modifications, Assignments, and Waivers BORROWER may request an. amendment to this agreement, which does not increase the amount of the loan, for the purpose of modifying the ATTACHMENT 1: SCOPE OF WORK or for extending the time of perfOlmance as provided for in Section 4.05. Neither this agreement nOl'any claims mising under this agreement may be transferred or assigned by the BORROWER without prior written consent of the BOARD. No conditions or provisions of this agreement may be waived unless approved by the BOARD in writing. No amendment or modification shall take effect until approved in writing by both the BOARD and the BORROWER and attached hereto. 4,13 Termination for Cause If the BORROWER fails to comply with the terms of this agreement, or fails to use the loan proceeds only for those activities identified in ATTACHMENT 1: SCOPE OF WORK, the BOARD may terminate the agreement in whole or in part at any time. The BOARD shall notify the BORROWER in writing of its detennination to terminate, the reason for such tennination, and the effective date of the telmination. Nothing in this section shall affect the BORROWER's obligation to repay the unpaid balance of the loan. 4.14 Tennination For Convenience The BOARD may terminate this agreement in the event that federal or state funds are no longer available to the BOARD, or are not appropriated for the purpose of meeting the BOARD'S obligations under this agreement. Termination will be effective when the BOARD sends written notice of telmination to the BORROWER. Nothing in this section shall at1ect BORROWER obligations to repay the unpaid balance of the loan. CiTY OF BREiviERTON Page 6 3'7/200! 4.15 Governing Law and Venue This agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by, the laws of the state of Washington. Venue of any suit between the pm1ies mising out of this agreement shall be the Superior Court of Thurston County, Washington. The prevailing party is entitled to recover costs in accordance with Washington State Law (Chapter 4.84 RCW). 4.16 Severability If any provision under this agreement or its application to any person or circumstances is held invalid by any court of rightful jurisdiction, this invalidity does not affect other provisions of the agreement which can be given effect without the invalid provision. 4.17 Proiect Completion and Closeout Amendment The BORROWER shall initiate a Closeout Amendment when the activities identified in ATTACHMENT 1: SCOPE OF WORK are completed. The BOARD will supply the BORROWER with the Certified Closeout Amendment documents upon request. The BORROWER will provide the following information to the BOARD: 1. A certified statement of the actual dollar amounts spent, from all fund sources, m completing the project as described. 2. A certified statement that the project, as described in the Loan Agreement's Scope of Work, is complete and has been designed/constructed to required standards. 3. Certification that all costs associated with the project have been incuITed. Costs are incuned when goods and services are received and/or contract work is performed. 4. Provide status of performance measures identified in ATTACHMENT 1: SCOPE OF WORK. 5. In accordance with Section 4.03 of this agreement, the BORROWER will submit, together withthe Certified Closeout Amendment, a request for a sum not to exceed the loan amount or refund of any excess loan funds. Any final disbursement shall not occur Plior to the completion of all project aCtivities. 6. Repayment of excess loan funds disbursed to the BORROWER must be made within 30 days of completion of the Cel1ified Closeout Amendment. 4.18 Contractor Requirement The BORROWER shall be responsible to ensure that their contractor(s) are in compliance with the Depal1ment of Revenue and the Depm1ment of Labor & IndustIies requirements. CrT"'" OF BREiv1ERTON Page 7 3"7i2007 4.19 Audit Audits of the BORROWER'S project activities may be conducted by the Municipal Division of the State Auditor's Office in accordance with state law and any guidelines the Department of Community, Trade and Economic Development, or its successor, may presclibe. Payment for the audit shall be made by the BORROWER. 4.20 Project Si~s If the BORROWER displays, during the period covered by this agreement, signs or markers identifYing those agencies paIiicipating financially in the approved project, the sign or marker must identifY the Washington State Public Works Trust Fund as a participant in the project. 4.21 Nondiscrimination Provision During the performance of this contract, the BORROWER shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 U.S.c. 12101 et seq, the Americans with Disabilities Act (ADA). In the event of the BORROWER'S noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or telminated in whole or in part, and the BORROWER may be declared ineligible for further contracts with the BOARD. The BORROWER shall, however, be given a reasonable time in which to cure this noncompliance. 4.22 Historical and Cultural Artifacts Borrower agrees that Borrower is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold hannless the State of Washington in relation to any claim related to such historical or culturalartifactsdiscoveted, disturbed, or damaged as a result of Borrower's public works project funded under this agreement. The BORROWER agrees that, unless BOlTower is proceeding under an approved histOlical and cultural artifacts monitOling plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the BORROWER shall immediately stop construction and notifY the local historical preservation officer and the state's historical preservation officer at the Washington State Department of Archaeology and HistOlic Preservation (DAHP). The BORROWER shall require this provision to be contained in all contracts for work or services related to ATTACHMENT I: SCOPE OF WORK. IIi addition to the requirements set forth in this agreement Bon'ower agrees to comply with Revised Code of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, Washington Administrative Code (WAC) 25- 48 regarding Archaeological Excavation and Removal Permits. CITY OF BRE~.1ERT01'J Page 8 3/7/2007 In addition to the requirements set fOlih in this agreement Bon'ower shall, in accordance with Executive Order 05-05, coordinate with DAHP, including any recommended consultation with any affected tribe(s), during project design and Plior to construction to determine the existence of any tribal cultural resources affected by the proposed public works project. Borrower agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre-requisite to receipt of funds under this agreement. Borrower agrees to furnish to the Board copies of any monitoring plan or agreement arising from Borrower's coordination and consultation with DAHP or an affected tribe. Failure by Bon'ower to fully comply with the requirements set fOlih in this provision to the satisfaction of the Board shall result in a suspension of loan disbursements or tennination of this.agreement ifnot timely cured. PART V: SPECIAL CONDITION None PART VI: SPECIAL ASSURANCES The BORROWER assures compliance with all applicable state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. Of particular importance are the following: 5.01 Competitive Bidding Requirements The BORROWER shall comply with the provisions ofRCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in part with money from the Public Works Trust Fund program. 5.02 Eligible Proiect Costs The BORROWER assures compliance with WAC 399-30-030 which identifies eligible costs for projects assisted with Public Works Trust Fund loans. CITY OF BREMERTON P'lCtr> C) . "c~ j 3:'7i2(}(}7 PUBLIC WORKS TRUST FUND A TT A CHME NT 1: SCOPE OF WORK LOAN NUMBER PW-07-962-006 BREMERTON COMBINED SEWER WWTP UPGRADE 1. Provide a clear description of the project to be financed in part by a Public Works Trust Fund loan. (Attach additional sheets if necessary): This loan will partially fund necessary upgrades to the City's Charleston WWTP. The upgrades will include installation of two Rotary Drum Thickeners, a dewatering centrifuge and biosolids cake pumping system, a new engine generator, a new boiler, a new headworks screen, upgrading of the existing plant water system for cross-connection control, expansion of the odor control system, and other miscellaneous associated improvements. Installation of the new equipment will increase plant reliability and provide redundancy in the biosolids treatment process. Docurnent2 SCOPE OF WORK Page 2 PW -07 -962-006 2. IdentitY the project's performance measure. (See examples 1-3 below.) What are you Measuring The upgrade to the WWTP will increase reliability of the various treatment processes, and will allow for full operation of the WWTP (including secondary treatment) during power outages. Amount of Change During 2006, a total of 3 power outages occurred resulting in a reduction of treatment to the primary level only. Installation of the new improvements will provide for full treatment to the secondary level during power outages. Expected date to reach Performance Measure - MonthN ear The WWTP upgrade is scheduled for completion by October, 2008. Performance Measure Example j Performance Measure Example 3 What are YOU Measuring The City has been experiencing 27% unaccounted for water loss in the system. The improvements will decrease the percentage to 15% total loss Amount of Change Amount of unaccounted for water will be reduced from 27% in 2004 to the standard of 15% by 2008 Expected date to reach Performance Mcasure - MonthlYear AprIl 2008 Performance Measure Example 2 What are you Measuring 100 accidents occurred between June 2004 and June 2005. This project will reduce the number of accidents at this intersection. Amount of Change With improvements in place, the accident rate will be reduced by 35% Expected date to reach Performance Measure - Month/Year June 2008 What are YOU Measuring The wastewater treatment plant does not have adequate capacity to treat peak load and flows. This project will bring the City into compliance with their NPDES permit limits. Amount of Change Improvements will provide an average dry weather flow capacity of 033 million gallon/day (mgd) and a peak wet weather capacity of 2.6 mgd which is within permit limits f\.1easure - Montl}C{ear September 2008 DoclImem2 SCOPE OF WORK Page 3 PW -07 -962-006 3. The term of this loan will be based on an engineer's certification of the expected useful life of the improvements, as stated below, or 20 years, whichever is less. If the local government prefers the term of its loan to be less than either 20 years or the useful life of the improvements, the preferred loan term should be indicated:_ 20 years. 4. I, Thomas E. Knuckey, licensed engineer, certify that the average expected useful life for the improvements described above is 20 years. Signed4 .~ Date: ~/7 /07 Telephone: 3bO - '-f 7 3 - Z ~ 7 b Professional Engineer License Number 30743 Document2 SCOPE OF WORK Page 4 PW -07 -962-006 Estimated Proiect Costs: Engineering Environmental Review Land/R-O-W Acquisition Public Involvement/Information Other Fees Construction Construction Inspection Contingency L %) 1. Other (Specify) 2. Other (Specify) TOTAL ESTIMATED COSTS Anticipated Fund Sources: A. Federal Grants State Grants DocuIlleni2 EPA STAG Grant Total Costs $ 500,000 $ $ $ $ $ 5,196,000 $ 250,000 $ $ $ $ 5,946,000 1,000,000 200,000 $ $ 1,746,000 $ 1,200,000 $ 3,000,000 SCOPE OF WORK Page 5 PW-07-962-006 Calculating Local Percentage: Notes: 1. Grant funds cannot be counted as local match. Calculate as follows: Total Local Revenue PWTF Loan + Total Local Revenue Local Percentage _28.6% The local contribution must be at least: Five percent (5%) Ten percent (10%) Fifteen percent (15%) for a loan interest rate of for a loan interest rate of for a loan interest rate of DOClJlneni2 2% 1% 0.5% BREMERTON PW -07 -962-006 Loan Securitv Please indicate which option will be used for securing repayment of your loan and return this with your completed Scope of Work. 1. General Obligation: The loan will be secured by general obligation of the BORROWER. OR 2. _X_ Revenue Obligation: The loan will be secured by utility revenue payable solely from the utility system indicated below. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue minus expenses of maintenance and operations. The BOARD grants the BORROWER the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. Please choose one of the following utility systems: Water ~X_ Sanitary Sewer (Wastewater) Storm water Water/Sanitary Sewer Stormwater/Sanitary Sewer Solid Waste NOTE: This option may be used only if the entire project is a domestic water, sanitary sewer, storm sewer or solid waste utility project. BORROWERS performing a storm sewer project that have not created a storm sewer utility or a combined sanitary sewer/storm sewer utility may not use this option. Projects providing for a mixture of bridge, road, domestic water, sanitary sewer, and storm sewer activities may not use this option. OR 3. _ Local Improvement District: Pursuant to RCW 35.51.050, the BORROWER pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district IS Public Works Trust Fund ATTACHMENT II: ATTORNEY'S CERTIFICATION I, , hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the (the BORROWER); and I have also examined any and all documents and records which are pertinent to the loan agreement, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: 1. The BORROWER is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. 2. The BORROWER is empowered to accept the Public Works Trust Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. 3. There is currently no litigation in existence seeking to enjoin the commencement or completion of the above-described public facilities project or to enjoin the BORROWER from repaying the Public Works Trust Fund loan extended by the DEPARTMENT with respect to such project. The BORROWER is not a party to litigation which will materially affect its ability to repay such loan on the terms contained in the loan agreement. 4. Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the BORROWER. Signature of Attorney Date Name Address DA TE SUBMITTED: April 2, 2007 BILL# 07-- 067 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5/.1 ..R.......R...a~.....g..........B.......g..a..........a...........B.................m... SUBJECT: RESOLUTION # 30'< CO TO ESTABLISH A HEARING DATE OF MAY 16,2007 TO VACATE PORTIONS OF THE ALLEY BETWEEN BURWELL AND 4TH STREET, AND WASHINGTON AND PACIFIC AVENUES Committee Meeting Date: April 11, 2007 COUNCIL MEETING Date: April 18, 2007 Department: PW &U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: As part of the redevelopment of the fOffi1er City Hall properties, the City has initiated the vacation of portions of the alley to allow better use of the site. The City Council is requested to establish a hearing date of May 16, 2007, to consider the proposed vacation. In accordance with BMC 11.20.080(d), no compensation is required. ATTACHMENTS: 1. Resolution # :302 t6 ; 2. Aerial Photograph Exhibit; 3. Staff Report FISCAL IMP ACTS (Include Budgeted Amount): None APPRO V ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~ C' 4~LJ~ . .~~ /' CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to pass Resolution # 302. e setting a hearing date of May 16, 2007, for vacating portions of the alley adjacent to former City Hall properties, between Burwell and 4th Streets, and Washington and Pacific Avenues. COUNCIL ACTION: D Approve D Deny D Table Ab, Agenda Bills 2007, ROW Vac Alley- City Hall" Reso D Continue D No Action RESOLUTION NO. 30;;2. e A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of portions of the alley between Burwell Street and Fourth Street, and Washington Avenue and Pacific Avenue downtown Bremerton. WHEREAS, the City initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.080 as part of the redevelopment of the former City Hall properties. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing will be held on May 16,2007, at 5:30 p.m. or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. of PASSED by the City Council of the City of Bremerton, Washington this ,2007. day WILL MAUPIN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk R:\Legal\Legal\Resolutions\Public Works\Vacation Hearing - Old City Hall.doc 1 Portions of Alley between Burwell and i" Streets - Vacation Hearing Date EXHIBIT FOR ALLEY VACATION PORTION OF SEC. 13 T. 24 N. R. 1.E., WM. CITY OF BREMERTON 10/31/06 S.J. City of Bremerton, Department of Public Works and Utilities Engineering Division Staff Report Proposed Partial Alley Vacation at Former City Hall Property City Council/Public Hearing Date: Report Prepared By: May 16, 2007 Gunnar Fridriksson, Civil Engineer II SUMMARY A. Applicant: City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Location: As listed: . Portion of the east-west alley lying adjacent and between former City hall property and City parkincg lot. . Portion of the north-south alley lying adjacent and between former City hall property and City parking garage. . All lying within Block 7, of the Plat of the Town of Bremerton. B. Attachment: Exhibit Map BACKGROUND The City of Bremerton initiated the vacation of these portions of the alley to facilitate the redevelopment of the former City Hall properties. As part of this vacation, a new alley will be dedicated on the westerly 20 feet of Lot 14 of the properties. This alley will replace the north-south portion of the alley with a new connection to Burwell Street. RIGHT-OF-WAY CONDITIONS . Functional Classification . Existing Right-of-Way Width . Proposed Right-of-Way Width . Pavement Width . Surface Type . Curb and Gutter . Sidewalks Alley 14 feet 20 feet 14 feet Asphalt N/A N/A HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council shall determine following the Vacation Hearing. These issues and City staff positions are as follows: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: With the relocation of the alley, this portion of the right-of-way will not be required for public use. The relocated alley will be superior in public access and function, and will be designed to be consistent with future redevelopment of the site. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Maintenance costs of the newly constructed portion of alley will be comparable to the cost to maintain the existing alley. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: Alley is being relocated. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: The relocated roadway will be consistent with future redevelopment of the site and is expected to meet future public needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The former City properties are the only properties abutting the vacation. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. March 7, 2007 Engineering Division Staff Report Proposed Alley Vacation at former City Hall Page 2 of 4 UTILITIES All private utility companies were contacted. Existing infrastructure is to be abandoned or relocated. No easements will be required for private or the City utilities. SUFFICIENCY OF SIGNATURES Not Applicable - The City initiated the vacation. COMPENSATION Not Applicable - The City initiated the vacation. STAFF COMMENTS The City Fire Department, Attorney, Department of Community Development, Police Department, and Engineering all support this vacation. Staff recommends approval of the vacation of these portions of the alley. Looking easterly from alley towards area of vacation. (East-west portion) March 7, 2007 Engineering Division Staff Report Proposed Alley Vacation at former City Hall Page 3 of 4 Street at area of vacation. (North-south portion) I~:.:"~"T~;-IJ"'C':"I'" ,-' I. '.<., . =1..'.:.... ..'~:; '.. -- .: .....im ..... ..;'U.... '. in;. ...:.,: 1""" 11I.,.,.: >:.. ~g " " " / \, >.A ~ ~.,,: ~~ - .-- -If\ Looking northerly from Burwell along centerline of proposed new 20 foot alley. March 7, 2007 Engineering Division Staff Report Proposed Alley Vacation at former City Hall Page 4 of 4 PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION MEMORANDUM DATE: Gary Sexton Gunn" Fridrikss"", P.L.S~ 7 March 2007 TO: FROM: SUBJ': City initiated vacation of portion of Alley behind fonner City Hall Per our discussion today, I will be completing the staff report and documentation for the alley vacation as follows: . No easement will be reserved for Qwest. We are in receipt of a letter from Qwest dated 2/19/07 asking for the easement. However, you have been negotiating with Qwest and they have expressed a willingness to forgo the easement, a.s their systenl plans for the downtown area are changing. . No easement will be reserved for Cascade Gas. Again, yon have been in negotiation with Cascade and they are willing to forgo the easement request. . No easement will be reserved for Convergence Technologies. We are in receipt ofa letter from John StockWell with a received date of 2/23/07 requesting compensation for costs involved in the relocation oftheir facilities. The company cun-ently has no franchise with the City of Bremerton, and you have been negotiating with them to forgo the easement. The timing for the completion of your negotiations with the utilities listed is impacting the completion of the vacation. In order to expedite the vacation of the alley, you are requesting to have the easement language for these utilities removed from the vacation. Please sign below as confirmation of this request '/~/C>7- Date Tn ,Tn -,r.i-1 I 1:'\ nr::r=u'JT t:)I\J-=l I~n I >-1-=lW-=1>iR 85S!;-Up-09S 9G:S1 L00GIL0/E0 07- 088 DATE SUBMITTED: April 2, 2007 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5r. .a..a.agg.a.....m..a.aa.....D......m...mm...~...a........................g.....am....m.. SUBJECT: RESOLUTION # 30:2 q TO ESTABLISH A HEARING DATE OF MAY 16,2007 TO VACATE A PORTION OF FORMER COUNTY ROAD NO. 305, ADJANCENT TO MARINE~ DRIVE Committee Meeting Date: April 11, 2007 COUNCIL MEETING Date: April 18, 2007 Department: PW &U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: As part of the dedication and construction of Marine ~ Drive in 1933, Kitsap County was required to vacate County Road No. 305 to the adjacent property owners. Kitsap County never completed the vacation and the City annexed this area in 1961. Therefore, the responsibility for the vacation transferred from the County to the City. The City Council is requested to establish a hearing date of May 16,2007, to consider the proposed vacation. In accordance with BMC 11.20.080( d), no compensation is required. ATTACHMENTS: 1. Resolution # ?>O 1. ~; 2. Aerial Photograph Exhibit; 3. Staff Report FISCAL IMP ACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~vn e-h~ 4C2~?l- j:? , CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to pass Resolution # Dol ~ setting a hearing date of May 16, 2007, for vacating a portion of former County Road No. 305, adjacent to Marine ~ Drive. COUNCIL ACTION: 0 Approve 0 Deny 0 Table Ab, Agenda Bills 2007, ROW Vac County Road 305, Reso o Continue 0 No Action RESOLUTION NO. '3 OJ. q A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of a portion of former County Road No. 305, adjacent to Marine ~ Drive, in Bremerton. WHEREAS, the City initiated the vacation III accordance with Bremerton Municipal Code (BMC) 11.20.080. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing will be held on May 16,2007, at 5:30 p.m. or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this ,2007. day of WILL MAUPIN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\LegaI\Legal\Resolutions\Public Works\Vacation Hearing - Marine View Drive.doc 1 Portions of Former County Road No. 305 - Vacation Hearing Date l EXH/B/ T FOR COUN TY ROAD #305 VACA T/ON PORT/ON OF SEe 75, T24N, R7E, WM I I I I I I ~ 4/28/06 - G.F. STREET VACATION REQUEST COUNTY ROAD #305 ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: May 16, 2007 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 Location: Portion of County Road No. 305 bounded by Marine Drive, lying southerly of Kelly Road. B. Attachment: Exhibit Map BACKGROUND County Road No. 305 was constructed by Kitsap County in JtJ_~ ",early part of the last century to provide access to the properties on the point. The roadway was relocated and constructed in 1933 as Marine Drive, and County Road No. 305 was to have been vacated back to the abutting property owners. (Reference Right of Way Deed AFN 225046.) The County was contacted by an abutting property owner, who under review of their title, found the County had not vacated the former roadway as required by the above referenced deed. The City of Bremerton annexed this area in 1961, and the responsibility for the vacation transferred from the County to the City. RIGHT-OF-WAY CONDITIONS . Functional Classification . Existing R-O-W Width . Proposed R-O-W Width . Pavement Width . Surface Type . Curb and Gutter . Sidewalks N/A 60 feet N/A N/A N/A None None April 2, 2007 Vacation of County Road #305 Page 1 of 4 HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: The roadway is not needed, and has been replaced by Marine Drive. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: The vacation will not increase or decrease the City's rn~Lnlenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: Marine Drive is the replacement roadway for this roadway. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: No future use of this roadway is anticipated. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. The vacation is supported 100% by the abutting property owners. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. April 2, 2007 Vacation of County Road #305 Page 2 of 4 UTILITIES All private utility companies were contacted. No easements are needed. SUFFICIENCY OF SIGNATURES N/A. The City initiated the vacation. COMPENSA TION N/A. STAFF COMMENTS The City Fire Department, Attorney, Department of Community Development, Police Department, and Engineering support this vacation. Staff recommends approval of this street vacation. April 2, 2007 Vacation of County Road #305 Page 3 of 4 Looking south-southeasterly from Kelly Road at approximate ~e.rl~~rline of roadway. Looking north-northwesterly from south line Duryea parcel at approximate centerline of roadway. April 2, 2007 Vacation of County Road #305 Page 4 of 4 I--- ~ ~ _____ h rY---\ ~ ~ lJ' ~ <: ~ -- Q:: ~ () ~ Q:: =:t a () K i=:: :i 'V lJ.. 0:: "C gs ~ ~ >- (J Q f-.-: lu h- S l!) <: ~ ~ () 8 ~ )- ~ {l-------J ,,,',~ I ",/' I ,,," '/ , .".."."" ."..".:J fl ~ ."."" .". .". A. I ~ .". ."."" .". ....., .". (' DA TE SUBMITTED: April 2 2007 BILL# 07- ogf} AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5:r ...a.......a........................8.................aa..................a.....a.am.... SUBJECT: State Participating Agreement with WSDOT for Hot Mix Asphalt Overlay ofSR 3 On-Ramp Committee Meeting Date: April 11, 2007 COUNCIL MEETING Date: April 18, 2007 Department: PW &U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City of Bremerton and WSDOT seek additional work for incorporation into the SR 304 Transportation Improvement Project (TIP), Navy Yard Highway Phase. This work consists of incorporating additional paving area at the SR304/SR 3 interchange, which would be outside of the current project limits. ATTACHMENTS: 1. Council Summary; 2. Aerial Photograph Exhibit; 3. State Participating Agreement with WSDOT FISCAL IMP ACTS (Include Budgeted Amount): The approximate cost foithe additional work is $63,300 and will be fully reimbursed by WSDOT. APPROVALS: DEPARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~;JF/ . CONSENT AGENDA GENERAL BUSINESS D PUBLIc HEARING D RECOMMENDED MOTION: Move to approve State Participating Agreement No. GCA 5178 with the Washington State Department of Transportation and authorize the Mayor to finalize and execute the necessary contract documents for the agreement in substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table ab, Agenda Bills 2007, State Participating Agreement SR 304 D Continue D No Action COUNCIL SUMMARY INTERLOCAL AGREEMENT WITH WSDOT Summary In conjunction with the SR 304 TIP; Navy Yard Highway Phase, the City of Bremerton has been working closely with the Washington State Department of Transportation (WSDOT). In coordinating the project work with WSDOT, the City was informed of a WSDOT project to pave the entire SR 304/SR 3 interchange, and extend into the City project limits. As a good portion of these WSDOT improvements would be removed with the City project, WSDOT requested the City to complete a portion of the interchange paving with the SR 304 project to more efficiently use both project monies. Fiscal Summary This work has been incorporated into other contract items, with the City and WSDOT agreeing on contract quantities. The City will be fully reimbursed for the actual cost of the items. The Engineer's estimate is approximately $63,300 for the items. City of Bremerton Inter/oca/ Agreementfor SR 304 TIP; Navy Yard Highway Phase March 2007 ~ .,/1 Washington State Department of Transportation Organization and Address State Participating City of Bremerton 3027 Olympus Drive Agreement Bremerton, VVA 98310 Work by Local Agency Section I Location Actual Cost SR 304 Station 111 +31 to Station ES 9+33 and from Station EN 0+00 to Station EN 0+75. Agreement Number Description of Work GCA 5178 Construct a HMA overlay with tack coat, install pavement Slate Route Number Control Section Number markings, guide post and permanent signing on the off ramps from SR 3 /304 1803 SR 304 to SR 3. Region Olympic Region THIS AGREEMENT, made and entered into this day of ,between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, (hereInafter the "STATE") and the above named organization, (hereinafter the "lOCAL AGENCY"). WHEREAS, the LOCAL AGENCY is planning the construction of a project as shown above, and in connection therewith, the STATE has requested that the LOCAL AGENCY perform certain work as herein described, and WHEREAS, it Is deemed to be in the best interest for the STATE to include specific items of work in the LOCAL AGENCY's construction contract proposed for the above-noted project, and WHEREAS, the STATE Is obligated for the cost of work described herein. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, [T IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The LOCAL AGENCY, as agent acting for and on behalf of the STATE, agrees to perform the above "Description of Work". Plans, specifications and cost estimates shall be prepared by the lOCAL AGENCY In accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Constructlon, and amendments thereto, and adopted design standards, unless otherwise noted. The LOCAL AGENCY wlillncorporate the plans and specifications Into the LOCAL AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract Is awarded, adminIster the contract. The LOCAL AGENCY agrees to submit plans and specifications for the described work as shown on Exhibit "S", attached hereto and by this reference made a part of this AGREEMENT, to the STATE for approval prior to advertising the project. The STATE may, if It desires, furnish an inspector on the project. Any costs for such inspection will be borne solely by the STATE. All contact between said inspector and the LOCAL AGENCY's contractor shall be through the lOCAL AGENCY's representatlve. DOT Form 224.057 EF Revised 10/2001 The STATE agrees, upon satisfactory completion of the work involved, 10 deliver a letter of acceptance which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work under this AGREEMENT. II PAYMENT The STATE, in consideration of the faithful performance of the work to be done by the LOCAL AGENCY, agrees to reimburse the LOCAL AGENCY for the actual direct and related Indirect cost of the work. An itemized estimate of cost for work 10 be performed by the LOCAL AGENCY althe STATE's expense is marked Exhibit "A", and is attached hereto and by this reference made a part of this AGREEMENT. Partial payments shall be made by the STATE, upon request of the LOCAL AGENCY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The LOCAL AGENCY agrees to submit a final bill to the STATE within forty-five (45) days after the LOCAL AGENCY has completed the work. III DELETION OF WORK In the event the estimate of cost, Exhibit "AIt, is in excess of $10,000 and the total actual bid prices for the work covered by this AGREEMENT exceeds the estimate of cost by more than 15 percent, the STATE shall have the option of directing the LOCAL AGENCY to delete all or a portion of the work covered by this AGREEMENT from the LOCAL AGENCY's contract. Except, that this provision shall be null and void if the STATE's portion of the work exceeds 20 percent of the actual total contract bid price. The STATE shall have five (5) working days from the date of written notification to inform the LOCAL AGENCY to delete the work. Should the STATE exercIse its option to delete work, the STATE agrees, upon billing by the LOCAL AGENCY, to reimburse the LOCAL AGENCY for preliminary engineering costs incurred by the LOCAL AGENCY to include the work covered by this AGREEMENT in the LOCAL AGENCY's contract. IV EXTRA WORK In the event unforeseen conditions require an Increase In the cost of 25 percent or more from that agreed to on Exhibit "A", this AGREEMENT will be modified'by supplemental AGREEMENT covering said increase. In the event it is determined that any change from the description of work contained in this AGREEMENT is required, approval must be secured from the STATE prior to the beginning of such work. Where the change is substantial, written approval must be secured. Reimbursement for increased work and/or a substantial change in the description of work shall be limited to costs covered by a written modification, change order or extra work order approved by the STATE. V RIGHT OF ENTRY The STATE hereby grants and conveys to the LOCAL AGENCY the right of entry upon all land which the STATE has interest, within or adjacent to the right of way of the highway, for the purpose of constructing said improvements. Upon completion of the work outlined herein, all future operation and maintenance of the STATE's facilities shall be at the sole cost of the STATE and without expense to the LOCAL AGENCY. VI . LEGAL RELATIONS No liability shall attach to the LOCAL AGENCY or the STATE by reason of entering into this agreement except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. LOCAL AGENCY By TiUe Date DOT Form 224-067 EF Revised 10/2001 STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By Title Date GCA 5178 Exhibit A SR304to SR3 Off Ramp Estimate of Cost Unit Item Description Measure Unit Price Quantity Amount Pain Line L. F. $0.25 1688 $422.10 Plastic Wide Line L. F. $2.00 914 $1,827.00 Plastic Stop Line L. F. $10.00 23 $231.00 Plastic Drainage Marking EA. $25.00 2 $52.50 Plastic Junction Box Marking EA. $35.00 2 $73.50 Raised Pavement Markers Type 1 HUND, $200.00 4.47 $894.60 Raised Pavement Markers Type 2 HOND, $300.00 0.19 $56.70 Flexible Guide Post EA. $50.00 13 $630.00 Temporary Pavement Marking L. F. $1.00 1150 $1,149.75 Adjust Catch Basin EA. $350.00 2 $735.00 Adjust Junction Box EA. $300.00 2 $630.00 Adjust Valve Box EA. $500.00 2 $1,050.00 Adjust Monument Case and Cover EA. $300.00 .-- 3 $945.00 Signing Plan L.S. $1,200.00 1 $1,260.00 Hot Asphalt Mix TON $80.00 593 $47,460.00 (pave in spring 2008) Planning Bituminous Pavement S,Y. $10.00 304 $3,040.80 Traffic Control Supervisor EA $45.00 17 $756.00 Traffic Control Flagger EA $40.00 50 $2,016.00 Inspection I Engineering I Construction Management No Charge $0.00 Overhead (1) $0.00 Total $63.229.95 (1) Note: Per Overhead Agreement OH-OOI66 GCA 5178 Exhibit A Page 1 of 1 GCA-5178 Exhibit B Description of Work The City of Bremerton will overlay the north bound offramps from SR 304 to SR 3, from Station SR 304111+31 to Station ES 9+33 and from Station EN 0+00 to Station EN 0+75. Additional items of work include but are not limited to pavement markings, flexible guide post, signing and adjustment of junction boxes, catch basins and monument cases and covers. ---.- eFt. GCA-5178 Exhibit B Sheet 1 of 3 .. ..,1;; i~ +~ "z ~i! v ~i --=- o END WIDE LINE BEGIN EDGE LINE SR 3 98'5031' RT. END WIOE LINE BEGIN EOGE LINE SE 2+85 12' LT. NOTES - ."LL DIMENSIDNS SHOWN ARE IN FEET UNLESS OTMERW1SE DESIGNATED. SEE SHEET POI FOR PLANING DETAILS MATCH NEW STRIPING TO EXISTING STRIPING. SEE SHEET PPI FOR LEGEND. ~~ o --== 12 --==--- IT o " '-, '-, ". '"'.. ''', '.., ....~ .... "-', '-<>.~.,. ".....>,,', ......., ',.., .... \., ..... ..........., .. ';;, .... "'...... ~, "I. .... .......... ~ "'. " ;t,'.$' ", ..... 1)Cf1 " "~~'O. , f;r'i}'t' ~..~ I o I 25 50 SCALE IN I 100 FEET Project Limits B' BY BY BY GR. GE\2 Dosl n P$&.E\SR003. XL2aao SR ]04 Ie - Povln \Worl(ln 4133102 PM IOlll120C6 Loc:t meW M. GUNTER R- MCClACKeN S.COCHIlAN R-AllNOLD AIllIlo.. VIi Washinglon Sial<, Deparlmont of Transporiolion 51: 3 SR 304 OFF RAMP TO SR 304 ON RAMP VICINITY - PAVING PS&E\NEW shss1's.d n IIGlc. ... 10 WASH - ..... D6CS02 FED.AID PROJ.NO. ::! i~ ~S ..:i. st; 0" 'il!. .GCA 5178 . SR 304 to SR 3 Off Ramp Exhibit 8 'Page 2 of 3 PLon PP3 ~ ~ PAVING AND PAVEMENT MARKING 1eT I~' g EN 0+00 ES 6+00 3D' LT. i.' __ .,.., .'*tffi(f'::::.::::., ~g i\ ~i~l ~f~ ~ ~ ION ;~"" '--.",. '''-., "-." """'" " ,," "" 1:;:::=~:~:r~,~::,::'.::",:",,=-.........:.........:~:::::::::.::..............::......"'. "''','' "t"',.,~................ ~ ,_ _I - -.__ ~ ...... --".. ---.____h_Uh._ ------------- t:. .t '''\,:'1f ., . "'.--. --"" ~:,::::,::;:::::~::::.::;=;;~;~~~.~~,~~,~:~~~;=~~~~~,~'~;~~;i -'--I-_,_~-=--/77-(!Z-~-=-~= "/77 om: ~=-~>77 >77 ZZ7---<=CJ77 "/77 "/77 >77"=:'~ 'rTT..L?==- - - - ~~ ~ ~~ 12 ~ ~- I' "'\l\ SF I rNE_ ~ , I , ., -_h____ _.________..; ; ~ _~ Ii; -----__h______._ , "':'. .~-------------h.... ~ ~ -..---------;;--------.--------....--. t':::~,-_:~.l::::::--------.. <::::::::::- "'~ - 0 lZ: ~11: ~;':;'" -,;~-,~-;;.;~.;;;;;;;;;;-,-,~;~Z:~~:;:!~~ ::::: :::::: ::: ::::::::,:: :::~. ';0 J gi L--__ _ 12 ~ 12 o SE 15+43 ~ SR 304 111+60 IS'LT. ES 0+00 3D' LT.= o SEE FEATHERING DETAIL SHEET POI ~~g t~~~ tl~~ I~~TL~~7'LT. SR 304 111+31 1Z'LT./RT. Ii; 8~ +~ .........' </Z 1;;'" "'~ ~~ 12 o o o o NOTES ALL DIMENSJONS SHOWN ARE IN FEET UNLESS OTHERWISE DESIGNATED. SEE SHEET PDI FDR PL'NING DETAILS. MATCH NElt STRIPING TO EXISTING STRIPING. SEE SHEET PPI FDR LEGENO. I o I 25 50 SCALE IN I 100 FEET Project Limits GCA 5178 SR 304 to SR 3 Off Ramp Exhibit B Page 3 of 3 GI\2 Desl n P5&.E\SROOJ. )(L2880 SR 304 Ie ~ PClvln \'Horkln ~J33104 PM IO/lllZOOG Locr moN M. GUNTER I. MCCIACKEN S.COCHRAN It ARNOLD It,HAIN REVISION PS&E\NEW sheets.d n PLOT4 It[10l~ ~. FEo.'10 PROJ.ND. A!IIlb.. ili Washingtan Stale Deportment of Transportation SR 3 S~ 304 OFF RAMP TO SR 304 ON RAMP VICINITY - PAVING PP4 10 WASH ...~ 06C502 DA lE BY PAVING AND PAVEMENT MARKING SIIUT 11 .. 36 "'tU! DATE SUBMITTED: April 3,2007 BILL # 07- 09D AGENDA BILL CITY OF BREMERTON CITY COUNCIL "A ....g................................................................................... SUBJECT: Ordinance No. 5005 amending BMC Ch. 10.12 and Ch. 13.04 to update provisions relating to parks Committee Meeting Date: April II, 2007 COUNCIL MEETING Date: April 18, 2007 Department: Parks & Recreation City Attorney's Office Presenter: Wyn Birkenthal Roger A. Lubovich Phone: 473-5752 473-2345 SUMMARY: The proposed ordinance updates current provisions of the Bremerton Municipal Code relating to parks in order to better utilize City park land in the Harborside District and to comply with current laws. ATTACHMENTS: Proposed Ordinance FISCAL IMP ACTS (Include Budgeted Amount): None. COMMITTEE CHAIR COUNCIL PRESIDENT: APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDA D GENERAL BUSINESS ' PUBLIC HEARING D RECOMMENDED MOTION: Move to pass Ordinance No. 50D5 amending BMC Ch. 10.12 and Ch. 13.04 relating to parks. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action . . . ORDINANCE NO. 5005 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 10.12.030, Section 13.04.090, and Section 13.04.140 of the Bremerton Municipal Code containing updates relating to parks~ WHEREAS, current provisions of the Bremerton Municipal Code relating to Parks need to be updated in order to better utilize City park land in the Harborside District and to comply with current laws; NOW THERFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Subsection (a) of Section 10.12.030 of the Bremerton Municipal Code entitled "Skateboards - Restrictions" is hereby amended to read as follows: 10.12.030 SKATEBOARDS - RESTRICTIONS It shall be a civil infraction for any person to use a skateboard in violation of the provisions of this section. (a) No person shall ride a skateboard on the public streets, sidewalks, alleys, walkways, docks, building or parks, including but not limited to the Louis Mentor Board Walk and any extensions or additions thereto, the Kitsap Conference Center Plaza and staircases, and the Harborside Fountain Park, within the central business district defined as the area bound by 6th Street, Warren Avenue and Sinclair Inlet or the business district within one block of Callow A venue between 11 th Street and 1 sl Street or on arterial streets. SECTION 2. Section 13.04.090 of the Bremerton Municipal Code entitled "Meetings and Assemblies" is hereby repealed as follows: 13.04.090 MEETINCS A.ND ,'\SSEMBLIES. It is un1a'Nful to hold, or participate in, any religious or political meeting or other assembly in any park, without the written permission of the superintendent so to do. SECTION 3. Section 13.04.140 of the Bremerton Municipal Code entitled "Intoxicating Liquor" is hereby amended to read as follows: 1 Parks - Code Updates . . . 13.04.140 INTOXICATINC LIQUOR. It is unlm.vful to bring into or consume in any park any whiskey, v.'ine, beer or other intoxicating liquors. It is unlawful to consume within any City park any liquor as defined in RCW 66.04.010(23), as enacted and hereinafter amended, except within the boundaries ofthe Harborside Fountain Park for events permitted by the Washington State Liquor Control Board and: (a) Administered by the operator of the Kitsap Conference Center at Bremerton Harborside, or (b) Sponsored by the City. SECTION 4. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2007 WILL MAUPIN, Council President Approved this day of ,2007 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2007 ,2007 R:\Legal\Legal\Ordinances\Parks\BMC 13.04.doc 2 Parks - Code Updates DA TE SUBMITTED: April 2, 2007 BILL # 07- 09/ '8 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .....ggg............m..aB...a.&.................................................8....... SUBJECT: Interlocal Agreement Amendment Nos. 3, 4, 5, and 6 between the City and Kitsap County for improvements of SR 304, Navy Yard Highway Committee Meeting Date: April 11, 2007 COUNCIL MEETING Date: April 18, 2007 Department: PW &U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City of Bremerton and Kitsap County seek to incorporate additional work into the SR304 Transportation Improvement (TIP) Project, Navy Yard Highway Phase. These improvements include replacing the existing County sanitary sewer line, upgrades to the proposed storm system, new street lighting and maintenance of the landscaping. These will be completed as amendments to existing Interlocal Agreement No. 3829 with Kitsap County, and will allow the improvements to be constructed with the City project. ATTACHMENTS: 1. Council Summary; 2. Interlocal Agreement Amendment Nos. 3,4,5 and 6 with Kitsap County FISCAL IMP ACTS (Include Budgeted Amount): ILA #3 and #4 are fully reimbursed by Kitsap County to the City (approximate total cost $516,740). ILA #5 will be r~imbllrsed from State funds already provided to the City through WSDOT for the project. ILA #6 will have an annual cost of $3,500 to the City Parks Department. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: \ COMMITTEE CHAIR COUNCIL PRESIDENT: ~~e~ -aJ~' CONSENT AGENDA 0 GENERAL BUSINESS ~ PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve Interlocal Agreement Amendment Nos. 3,4,5 and 6 between the City of Bremerton and Kitsap County for improvements ofSR 304, Navy Yard Highway, and authorize the Mayor to finalize and execute the amendments with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table ab, Agenda Bills 2007, 4 ILAs w Kitsap Co SR304 o Continue 0 No Action COUNCIL SUMMARY INTERLOCAL AGREEMENT AMENDMENTS WITH KITSAP COUNTY Summary In conjunction with the SR 304 TIP; Navy Yard Highway Phase, the City of Bremerton (City) initiated an Interlocal Agreement to partner with Kitsap County (County) to construct the SR 304 Transportation Improvement Project (TIP). As part of the construction with the City project, several improvements have been forwarded for incorporation into this last phase of work. These improvements are: ILA #3 - City Aareement No. 3829. County No. KC 105-97 The County is the owner of the sanitary system located in Charleston Beach Road (CBR). The system is in very poor shape and needs to be replaced. Work to be included into the project is the replacement of an existing sanitary main. The replacement would consist of placing approximately 93 feet of new 18 inch and 2,658 feet of new 8 inch sanitary main, 11 manholes, repairing/replacing the lateral connections and abandoning the existing 8 inch main. ILA #4 - City Aareement No. 3829. County No. KC 105-97 The County is responsible for the storm system in the Navy Yard City drainage basin (NYCRSIP), which connects to and drains through CBR out to Sinclair Inlet. To accommodate improvements to the upslope system, the County has requested the City to upsize portions of the proposed storm system within CBR. The upsizing will require the use of 36 and 48 inch storm lines with 60 and 72 inch Type II catchbasins from the current design of 18 and 24 storm lines with Type I and 48 inch Type II catchbasins. 0"- .. ILA #5 - City Aareement No. 3829. County No. KC 105-97 Currently, CBR has a total of two existing lighting standards for the entire roadway at the intersections of CBR and National Avenue, and CBR and Webster Avenue. The City is looking towards annexation of the area after completion of the project, with new commercial development on both sides of the new roadway. As such, it is the desire of the City to include the construction of a new lighting system along CBR. This will entail running cable the length of the project (2600 feet), and installation of twelve additional light standards and luminaries. This will be in addition to the two existing lighting standards to be replaced. The replacement of the two existing standards is included as part of the project and are a separate contract item. ILA #6 - City Aareement No. 3829. County No. KC 105-97 As with the previous phases of the project, this phase will also be using landscaping to aid in the beautification of the area. However, rather than the extensive landscaping completed previously with the other projects, the vision for this next section of roadway was for a much more low maintenance approach, using drought resistant and low maintenance vegetation, as no irrigation system is going to be provided. As the City is looking towards annexation of the area, maintenance of this landscaping will be by the City. This agreement will allow the City to do so over the County and WSDOT right of ways until annexation occurs. City of Bremerton Interlocal Agreement Amendments for SR 304 TiP; Navy Yard Highway Phase March 2007 Fiscal Summary The estimated costs for these improvements are: ILA#3 This work has been separated out in the Contract from other bid items. The County has completed a full drawing set at their expense, and will be fully reimbursing the City for the actual cost for this work. The Engineer's estimate is approximately $483,940. ILA#4 The County and City have agreed to the items upsized to accommodate the increased flows in the system. The County will be fully reimbursing the City for the actual costs involved in the work. The Engineer's estimate is approximately $32,800. ILA#5 Costs for the luminaire standards and work shall be included into the overall project costs. The project has been funded by the State of Washington through WSDOT using the nickel gas tax. The agreement for the total cost for the $11,000,000.00 project is GCA-3901, executed April 8, 2004. ILA#6 Cost for the landscaping improvements shall be included into the overall project costs, which are noted above. Continued maintenance of the area will be bi-annual by City Parks Department. Parks has agreed to the additional work, which will be an annual expense of $3,500. City of Bremerton inter/oca/ Agreement Amendments for SR 304 TIP; Navy Yard Highway Phase March 2007 C'"" , 0'" p""'~'V" ,- II" +.} _ ',. , ,I~ ~i', _ i. ~. ~,;'.: ~' ~.:, ' ... , ,-" -, ~!' AMENDMENT NUMBER C (3) INTERLOCAL AGREEMENT Kitsap County Agreement No. KC105-97 City Agreement No. 3829 THIS AMENDMENT NUMBER C (3) to the Interlocal Agreement between the City of Bremerton, (hereinafter referred to as "CITY") and Kitsap County (Hereinafter referred to as "COUNTY"), made and entered into this day of , 2007. WHEREAS, the CITY and COUNTY entered into an Interlocal Agreement pursuant to Chapter 39.34 RCW (Interlocal Cooperation Act) on June, 16, 1997, to facilitate the development of improved access between the Bremerton Ferry Terminal and Gorst as described in the Final Environmental hnpact Statement entitled, "SR3/304 Bremerton Feny Terminal to the Vicinity of Gorst Highway hnprovemeJlt Project" (hereinafter referred to as "PROJECT"); and WHEREAS, the CITY is planning the construction or improvement of a section of SR 304, and in connection therewith, the COUNTY has requested that the CITY perform certain work as herein described, and WHEREAS, it is deemed to be in the best interest for the CITY to include the necessary items of work in the CITY's construction contract proposed for the improvement of this section of the PROJECT, and WHEREAS, the COUNTY is obligated for the cost of work described 11ereiil. NOW THEREFORE, by virtue of Chapter 39.34 RCW (Interlocal Cooperation Act) and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The CITY, as agent acting for and on behalfofthe COUNTY, agrees to perform the following "Description of Work": Plans, specifications and cost estimates shall be prepared by the COUNTY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted for the sanitary sewer work. The CITY will incorporate the plans and specifications into the CITY's project and thereafter advertise the resulting project for bid and, assuming bids are received and contract is awarded, administer the contract. A scope of work is included as Exhibit "BU. The COUNTY may, if it desires, furnish an inspector on the project. Any cost for such inspection will be borne solely by the COUNTY. All contact between said inspector and the CITY's contractor shall be through the CITY's representative. City of Bremertoll alld Kitsap COli Illy Amelldment Number 3 10 lllterlocal Agreemellt SR3/SR304 Bremertoll Fel'l)1 Terminal to Garst Vicinity TJP The COUNTY agrees, upon satisfactory completion of the work involved, to deliver a letter of acceptance to the CITY, which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work for the sanitary sewer work under this AGREEMENT. If a letter of acceptance is not received by the CITY within 90 days following completion of the sanitary sewer work, the work will be considered accepted by the COUNTY and shall release the CITY from all future claims and demands of any nature resulting from the performance of the work under this AGREEMENT. The COUNTY may withhold tIus acceptance of sanitary sewer work by submitting written notification to the CITY within the 90-day period. This notification shall include the reasons for withholding the acceptance. In the event that any damage is discovered or is incurred after acceptance of the work and to the extent that such damage is to the COUNTY'S facilities or is alleged to be caused by the COUNTY'S facilities under this AGREEMENT, then the CITY agrees to execute a general assignment of its claims against he proj ect prime contractor so that the COUNTY may pursue any claims or causes of action that the CITY may have against its prime contractor fat the damages mentioned herein. The CITY shall ensure that all contracts related to the completion oftbis project include a comprehensive indemnification clause holding harmless the CITY and COUNTY. The CITY shall also ensure that liability related to its general contractor is appropriately covered by insurance and that said insurance coverage include and name the COUNTY as an additional insured. IT PAYMENT The COUNTY, in consideration of the faithful performance of the work to be done by the CITY, agrees to reimburse the CITY for the actual direct and related indirect cost of the work. An itemized estimate of cost for work to be performed by the CITY at the COUNTY's expense is marked Exhibit "A", and is attached hereto and by this reference made a part of the AGREEMENT. Partial payments shall be made by the COUNTY, upon request of the CITY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The COUNTY agrees to make payment for the sanitary sewer work to be done by the CITY witlun thirty (30) days from receipt of billing from the CITY. City of Bremertoll alld Kitsap COllllty II lIIelldmellt Number 3 to IlIIerlocal Agreemellt SR3/SR304 Bremer/all Ferry Terminal to Gars/ Vicinity TIP The COUNTY agrees that if payment for the sanitary sewer work is not made within ninety (90) days after receipt of billing the CITY shall assess a penalty of 10% on all amounts outstanding until payment for the work is received by the CITY. The COUNTY agrees to pay the CITY an "Advance Payment Amount" of $80,000 within 20 days after the CITY submits its first partial payment request to the COUNTY. The advance payment represents approximately fifteen (15) percent of the estimate of cost and covers costs incurred by the CITY in the initial stages of the project. The advance payment will be carried throughout the life of the project with final adjustment made in the final payment. Upon completion of the work outlined herein, all future operation and maintenance of the COUNTY's facilities shall be at the sole cost of the COUNTY and without expense to the CITY. III DELETION OF WORK In the event the estimate of cost, EXHIBIT "A", is in excess of $20,000 and the total actual bid prices for the work covered by this AGREEMENT exceeds the estimate of costs by more than 15 percent, the COUNTY shall have the option of directing the CITY to delete all or a portion of the work covered by this AGREEMENT from the CITY's contract. Except, that this provision shall be null and void if the COUNTY's portion of the work exceeds 20 percent of the actual total contract bid price, or if the COUNTY is responsible for the costs under State law or the Washington Administrative Code WAC 468-18-040(5)(d). - H__" The COUNTY shall have five (5) working days from the date of written notification to inform the CITY to delete the work. Should the COUNTY exercise its option to delete the work, the COUNTY agrees, upon billing by the CITY, to reimburse the CITY for preliminary engineering costs incurred by the CITY to include the work covered by this AGREEMENT in the CITY's contract. N EXTRA WORK In the event unforeseen conditions require an increase in the cost of 25 percent or more from that agreed to on Exhibit "A", this AGREEMENT will be modified by a supplement AGREEMENT covering said increase. In the event it is determined that any change from the description of work contained in the AGREEMENT is required, approval must by secured from the COUNTY prior to the beginning of such work. Where the change is substantial, written approval must be secured. Reimbursement for increased work andlor a substantial change in the description of work shall be limited to costs covered by a written modification, change order or extra work order approved by the COUNTY. City of Bremertoll alld Kitsap COIII/ty Amendmellt Number 3/0 III/erfoeal Agreemelll . SR3/SR304 Bremer/Oil PeriJ' Terminal to GOI:\"t Vicinity TIP V RlGHT OF ENTRY The COUNTY hereby grants and conveys to the CITY the right of entry upon all land which the COUNTY has interest, within or adjacent to the right of way of the highway, for the purpose of constructing said improvements. VI VENUE In the event that any party deems it necessary to institute legal action or proceedings to enforce any right of obligation under this AGREEMENT, the parties hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in Kitsap County, Washington. VII LEGAL RELATIONS No liability shall attach to the CITY or the COUNTY by reason of entering into this AGREEMENT except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NUMBER 3 as of the day and year first above written. - -_..- *'. CITY OF BREMERTON: Cary Bozeman, Mayor Date ATTEST: Date Paula Johnston, City Clerk APPROVED AS TO FORM: Roger Lubovich, City Attorney Date DEP ARTMENTAL APPROVAL: Laura Lyon, Finance Director Date Phil Williams, Director ofP.W. & U. City of BremertOIl alld Kitsap County Amendment Number 3 to Illterlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Garst Vicinity TIP Date BOARD OF COMMISSIONERS KITSAP COUNTY, WASHINGTON Chris Endresen, Chair Date J an Angel, Commissioner Date Josh Brown, Commissioner Date ATTEST: Opal Robertson, Clerk of the Board Date City oJ Bremer/oil alld Kitsap GOllllt)' Amelldmell/ NlImber 3 /0 lnter/ocal Agreemellt SR3/SR304 Bremertoll Ferry Termina/to Garst Vicillity TIP ENGINEER'S ESTIMA TOE SANITARY SEWER WORK FOR KITSAP COUNTY SANITARY SEWER MOBILIZATION L.S. 1 $ 60,420.00 $60,420.00 PVC SANITARY SEWER PIPE a-in DIAM. L.F. 1193 $ 53.00 $63229.00 PVC SANITARY SEWER PIPE 12-in DIAM. L.F. 1475 $ 80.00 $118000.00 PVC SANITARY SEWER PIPE 18-in DIAM. L.F. 103 $ 95.00 $9 785.00 SIDE SEWER CONNECTION, 6-in PVC BETWEEN MAIN AND PROPE l.F. 494 $ 42.00 $20748.00 SIDE SEWER CONNECTION, a-in PVC BETWEEN MAIN AND PROPE L.F. 33 $ 42.00 $1 386.00 o SIDE SEWER CONNECTION, 4-in PVC, OPEN TRENCH ON PRIVATE L.F. 110 $ 32.00 $3 520.00 TESTING SEWER PIPE L.F. 3389 $ 2.00 $6 778.00 POTHOLE SIDE SEWER EACH 46 $ 150.00 $6 900.00 SEWER CLEANOUT EACH 26 $ 250.00 $6 500.00 TEMPORARY SEWAGE BYPASS PUMPING L.S. 1 $ 5 000.00 $5 000.00 MANHOLE 48 IN. DIAM. TYPE 3 EACH 11 $ 3,000.00 $33 000.00 STRUCTURE EXCAVATION CLASS B C.Y. 3250 $ 10.00 $32500.00 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y. 500 $ 20.00 $10000.00 SHORING OR EXTRA EXCAVATION CLASS B S.F. 25.523 $ 2.00 $51 046.00 BANK RUN GRAVEL FOR TRENCH BACKFILL C.Y. 257 $ 20.00 $5 140.00 PLUG EXISTING PIPE EACH 20 $ 50.00 $1 000.00 UNSUITABLE FOUNDATION EXCAVATION INCL. HAUL C.Y. 51 $ 20.00 $1 020.00 ADJUST EXISTING MANHOLE EACH 1 $ 350.00 $350.00 ADJUST EXISTING MANHOLE - NON-STANDARD EACH 1 $ 500.00 $500.00 REMOVE EXISTING MANHOLE EACH 16 $ 900.00 I $14400.00 WOOD STAVE PIPE REMOVAL L.F; 600 $ 20.00 $12.000.00 Subtotal $463,222 State Retail Sale Tax (8.6%\ $39,837 Sub-Total $503 059 Desion Continaencv 5% $25,153 I Grand Total $528,212 Ki/mp COUflfj' ) 00% Dosign Extima/clor Sanitary, Work Navy Yard Higllll'n)' PhaJc EXHIBIT A Jr.!Or.!007 EXHIBIT B SCOPE OF WORK- SANITARY SYSTEM IN CHARLESTON BEACH ROAD Work to be included into the Navy Yard Highway Phase of the SR3/SR304 T.I.P., is the replacement of an existing 8-irich sanitary main located in Charleston Beach Road. The replacement would consist of placing approximately 93 feet of new IS-inch and 2,658 feet of new 8-inch sanitary main, 11 manholes, repairing/replacing the lateral connections and abandoning the existing 8-inch main. This work is shown in greater detail on Pages 81 through 89 of the Plan Set for the project. Specifications are in accordance with the 2006 Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal COllstJ1lction, and as amended in the Special Provisions section of the Contract Documents. City oj Bremertoll alld Kitsap COllllty Alllelldmellt Number 3 /0 IlIter/veal Agreemellt SR3/SR304 Bremertoll Ferry Terminal to Gorst Vici/lity TIP (CQ)[P1( AMENDMENT NU1vIBER D (4) INTERLOCAL AGREEMENT County Agreement No. KCI05-97D (4) City Agreement No. 3829 THIS AMENDMENT NUMBER D (4) to the Interlocal Agreement between the City of Bremertan, (hereinafter referred to as "CITY") and Kitsap Co.unty (Hereinafter referred to as "COUNTY"), made and entered into this day of ,2007. WHEREAS, the CITY and COUNTY entered into an InterIocal Agreement pursuant to Chapter 39.34 RCW (Interlocal Cooperation Act) on June, 16, 1997, to facilitate the development of improved access between the Bremerton Ferry Terminal and Garst as described in the Final Environmental Impact Statement entitled, "SR3/304 Bremerton Feny Terminal to the Vicinity of Garst Highway Improvement Project" (hereinafter referred to as "PROJECT"); and WHEREAS, the CITY is planning the construction or improyement of a section of the Project within the COUNTY, and in connection therewith, the COUNTY has requested that the CITY perform certain work as herein described, and WHEREAS, it is deemed to be in the best interest for the CITY to include the necessary items of work in the CITY's construction contract proposed for the improvement of this section of the PROJECT, and - --- ;;'!.. WHEREAS, the COUNTY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of Chapter 39.34 RCW (Interlocal Cooperation Act) and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The CITY, as agent acting for and on behalf of the COUNTY, agrees to perform the following "Description of Work": Plans, specifications and cost estimates shall be prepared by the CITY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted for the street lighting work. The CITY will incorporate the plans and specifications into the CITY's project and thereafter advertise the resulting project for bid and, assuming bids are received and contract is awarded, administer the contract. The COUNTY hereby approves the plans and specifications far the described work as shown on Exhibits "B", attached hereto and by this reference made a part of the AGREEMENT. City of Bremertoll alld Kitsap COllllty Amendmellt Number 4 to lllter/ocal Agreement SR3/SR304 Bremer/on Fen)1 Terminal to Garst Vicinity TIP The COUNTY may, if it desires, furnish an inspector on the project. Any cost for such inspection will be borne solely by the COUNTY. All contact between said inspector and the CITY's contractor shall be through the CITY's representative. The COUNTY agrees, upon satisfactory completion of the work involved to deliver a letter of acceptance to the CITY, whlch shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work for the sanitary sewer work under the AGREEMENT. If a letter of acceptance is not received by the CITY within 90 days following completion of the work, the work will be considered accepted by the COUNTY and shall release the CITY from all future claims and demands of any nature resulting from the performance oHhe work under this AGREEMENT. The COUNTY may withhold this acceptance for work by submitting written notification to the CITY within the 90-day period. This notification shall include the reasons for withholding the acceptance. In the event that any damage is discovered or is incurred after acceptance of the work and to the extent that such damage is to the COUNTY'S facilities or is alleged to be caused by the COUNTY'S facilities under this AGREEMENT then the CITY agrees to execute a general assignment of its claims against the project prime contractor so the COUNTY may pursue any claims or causes of action the CITY may have against its prime contractor for the damages inentioned herein. The CITY shall ensure that all contracts related .to the completion of this project include a comprehensive indemnification clause holding harmless the CITY and COUNTY. The CITY shall also ensure that liability related to its general contractor is appropriately covered by insurance and that said insurance coverage include and name the COUNTY as an additional insured. IT P A Y.MENT The COUNTY, in consideration of the faithful performance of the work to be done by the CITY, agrees to reimburse the CITY for the actual direct and related indirect cost of the work. An itemized estimate of cost for work to be performed by the CITY at the COUNTY's expense is marked Exhibit "A", and is attached hereto and by this reference made a part of the AGREE1vffiNT. Partial payments shall be made by the COUNTY, upon request of the CITY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. City of Bremertfm and Kitsap COllllty Amendment Number 4 to Inter/ocal Agreement SR3/SR304 Bremerton Ferryl Terminal to Garst Vicinity TIP The COUNTY agrees to make payment for the work to be done by the CITY within thirty (30) days from receipt of billing from the CITY. The COUNTY agrees that ifpayment for the storm sewer work is not made within ninety (90) days after receipt of billing the CITY shall assess a penalty of 10% on all amounts outstanding until payment for the work is received by the CITY. The COUNTY agrees to pay the CITY an "Advance Payment Amount" of $10,000 within 20 days after the CITY submits its first partial payment request to the COUNTY. The advance payment represents approximately twenty (20) percent of the estimate of cost and covers costs incurred by the CITY in the initial stages of the project. The advance payment will be carried throughout the life of the project with final adjustment made in the final payment. Upon completion of the work outlined herein, all future operation and maintenance of the COUNTY's.facilities shall be at the sole cost of the COUNTY and without expense to the CITY. III DELETION OF WORK In the event the estimate of cost, EXHIBIT "A", is in excess of $20,000 and the total acmal bid prices for the work covered by this AGREEMENT exceeds the estimate of costs by more than 15 percent, the COUNTY shall have the option of directing the CITY to delete all or a portion of the work covered by this AGREEMENT from the CITY's contract. Except, that this provision shall be null and void if the COUNTY's portion of the work exceeds 20 percent of the acmal total contract bid price, or if the COUNTY is responsible for the costs under State law or the Washington Ad.rrllnistrative Code WAC 468~ 18-040(5)( d). . The COUNTY shall have five (5) working days from the date of written notification to inform the CITY to delete the work. Should the COUNTY exercise its option to delete the work, the COUNTY agrees, upon billing by the CITY, to reimburse the CITY for preliminary engineering costs incurred by the CITY to include the work covered by this AGREEMENT in the CITY's contract. N EXTRA WORK In the event unforeseen conditions require an increase in the cost of25 percent or more from that agreed to on Exhibit "A", this AGREEMENT will be modified by a supplement AGREEMENT covering said increase. In the event it is detennined that any change from the description of work contained in the AGREEMENT is required, approval must by secured from the COUNTY prior to the beginning of such work. Where the change is substantial, written approval must be secured. City oj Bremerton and Kitsap COl/llty Amendment Number 4 10 Illlerlocal Agreement SR3/SRJ04 Bremerton Ferry Terminal to Garst Vici/lity TIP Reimbursement for increased work and/or a substantial change in the description of work shall be limited to costs covered by a written modification, change order or extra work order approved by the COUNTY. V RIGHT OF ENTRY . The COUNTY hereby grants and conveys to the CITY the right of entry upon all land which the COUNTY has interest, within or adjacent to the right of way of the highway, for the purpose of constructing said improvements. VI VENUE In the event that any party deems it necessary to institute legal action or proceedings to enforce any right of obligation under this AGREEMENT, the parties hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in Kitsap County, Washington. VlI LEGAL RELATIONS No liability shall attach to the CITY or the COUNTY by reaSon of enteririgmto this AGREEMENT except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NUMBER 4 as of the day and year first above written. CITY OF BREMERTON: Cary Bozeman, Mayor Date ATTEST: Paula Johnston, City Clerk Date APPROVED AS TO FORM: Roger Luhovich, City Attorney Date City of Bremer/on and Kitsap County Amendment Number 4 (0 Interlocal Agreement SR3/SR304 Bremertoll FenJ! Terminal to Garst Vicinity TIP DEPARTMENTAL APPROVAL: Laura Lyon, Finance Director Date Phil Williams, Director ofP.W. & U. Date City of Bremerton and Kitsap Cormly Amendment Nltmber 4 to lllter/oeal Agreemellt SR3/SR304 Bremel10n Feny Terminal to Garst. Vicillity TIP BOARD OF COMMISSIONERS KITSAP COUNTY, WASHINGTON Chris Endresen, Chair Date J an Angel, Commissioner Date Josh Brown, Commissioner Date ATTEST: Opal Robertson, Clerk of the Board Date City of Bremertan alld Kitsap COl/nty Amendment Number 4 to IlIter/aea/ Agreemellt SR3/SR304 Bremerton Feny Terminal to GOl'st Vicinity TIP ENGINEER'S ESTIMATE EIUrnata fer Minimum Deal.n E.Umllle ter CU1TOnt O..lnn riPE DF ITEM SPEC NO. OESCRIPTlO;a UNIT UNIT COST OUllUTfTY TOTAL COST OUAIlTtTY TOTAL COST WORKIHSlDE BT4TEmam OFWAY 01 DRM SEWER STO SOLID W.Al.l.?VC STORM SEWER PIPE 12 IN. OIAM. LF. 550.00 600 5:]],000.00 660. SJJ,OOO.DO STO SOLID W.Al.l. PVC STORM Sl!WER PIPE 10 IN. DIAM. LF. 500.00 'I' $11.010.00 'II $31010.00 GTO SOLID WAll.?VC STOAM SEWER PIP" 24 IN. 01AM. LF. 580.00 :m ~0.710.00 :r.l~ ~0.710.00 STO SOLID WAll.?VC STORM SEWEll PIPE 30 IN. DIAM. LF. 520.00 4.\lI 541.~00.00 50.00 GTO INSTAll. CITY SUPPLIED STORM SEWER PIPE 42 IN. DIAM. LF. SlO.OO 50.00 ~60 $36.100.00 STD CONNEc:nON TO ORAINAllE STRUCTURE EACH $500.00 1 $1.000.00 1 51.000.00 STO CATCH BASIN TYPE I EACH 51 000.00 2 $9.000.00 . $I,OOO,DO STO CA 1CH BASIPoI TYPE 2 4S IN. OIAM. EACH $3,000.00 , 59.DOO.00 I nooo.oo GTO CATCHBASlfoITYPE 25' IN. DlAM. EACH 54,300.00 1 52.000.00 50.00 STD CATCH BASlfoITYPE 2 60 III OIAM. EACH 53.000.00 1 510.000.00 , 513,000.00 STD CATCH BASIPoITYPE 272 IN. OIAM. EACH 57.000.00 50.00 , $21,000,00 STO TESTIPoI13 STORM SEWER PIPE LF. $J,OO "'91 55.691.00 "';1 55.691.00 OTHEII ITEMS STRUCTURE EllCAVATIDPoI CLASS BINet. HAUL C.Y. 51$.00 I.AS> 511.T25,00 I.m Sl.s.IH.OO SHORING SF. S1.00 5.m n.706.00 J.m n.706.oo aRAVa BACllFILL FOR PIPE ZONE BEOOING C.Y. no.oo 100 S2.000.00 100 S2.000,DO BANK RUlIllRAVaFOR TRENCH BACl(FILL C.Y. SIJ,DO '6' 5.1,441.7.1 4>1 $M61.2.S PLUBBJNB EXISTIPoIll PIPE EACH SlOO.OO 5 51.000.00 $ 51.000.00 CONTAMINATED llROUNOWATER DISPOSAL EST. 51.00 1 $1.00 I 51.00 CONTAMINATED SOIL EXCAVATION 1Net.. HAUL EST. Sl.ao I S1.00 I 51.00 MINOR CHANBE CALC. $1.00 I 51.00 I 51.00 Sulllel.1 1207B4US S225 3D6.2S 81_'_ Aatlllll Sclttl TAXD (8.6% 117014.68 I1U78~ Tol.1 1226.710.31 S24~ 882.5D WORK OUTSIDE STATIE RIOHl OF WAY STORM SewER sro SOUO WAll.PVa STORM sEWEll PIPE 0 IN. OIAM. LF, $35.00 1Il SI0,9'5.00 '" SID 9$$.00 STO SOUO WAll. PVC STORM SEWEll PIPE 12 IN. DIAM. LF. S50.00 l.~40 $62.000.00 J.1~O 561.000.00 sro SOUO WALLPVC STORM SEWER PIPE 1S IPoI. OIAM. LF. S55.OO III 510.12b.00 50.00 STO SOUOWALL PVC STORM SEWER PiPE 10 IPoI. OIAM. LF. 5611.00 :t5 Sl7 100,00 462 Sl8.1~0.OO sro SOUO W.Al.l. PVC STORM SEwel PIPE 24 I~. OIAM. LF. SBD.oo 111 513.680.00 171 SI3610.00 STO SOUO WAll. PVC STOAM 5l!WER PIPE:lO I~. OIAM. LF. 590.00 m il2.IJO.OO $0.00 sro INSTAll. CITY SUPPLIED STORM SEWER PIPE 42 IN. DIAM. LF. 580.00 50M 357 $1I..!60.00 CONNECTION TO DRAINAGE smUCl\JRE EACH UOO.OO , 51..!00.00 1 SI..!OO.OD 6TD CATCH BASIN iYFE 4lI EACH S600.00' 2 51'00.00 1 5 I 2DO.DO 6TD CATCH BASIN TYPE 1 EACH S1.OOO.OO 17 SI1.00D.00 17 $17.000.00 STO cATCHBASl1II TYPE 2 40 IN. DIAM. EACH $3.000.00 J ~9.0Gtl.\iO""- , 59.000.00 !!TO cATCHBASIIIITYPE2S4IN. DIAM. EACH 14.500.00 , SI1.$00.00 50,00 sro cATCHSASI~TYPE 2 00 IN. DIAM. EACH 55,000.00 I $5 DOO.DO 10.00 STO CATCH BASIN TYPE 2 72 IN. DIAM. EACH $7.000.00 50.00 4 528.000,00 STO TESTI~(] STORM SEWER Pipe LF, S2.00 '''50 $$.100.00 '''50 S5.\00.OD OTHER ITEMS STRUCTURE EXCAVATION CLASS B IIIICL HAUL c.y, 115,00 :!.1~ $3U30.00 U).. 531.010.00 SHORIN(] S.F. S2.00 J,.\07 n.124.00 3.m S1.19~.00 BRAVa BACKI'lLL FOR PIPE ZONE IlSlDINB C.V, 120.00 100 nooo.oo 100 52 ODO.OO BANK RUN GRAve. FOR TRENCH BACKFILL c.Y. $IS.OO 5" sa.101..50 1il4 S9..l02..10 CONTAMINATED GROUNDWATER DISPOSAL EST. 51.00 I SI.oo I $1,00 CONTAMINATEO SOIL EXCAVATION moL HAUL EST. S1.00 I 51.00 I 51.00 WOOD STAVE PIPE REMOVAl. LF. 510.00 600 56.000.00 GOO 56.000.00 MIPoIOR CHANGE CALc. S1.00 1 51.00 I Sl.Ob Subllltal 5254.019,50 1257,644.50 ALTllRNATE BID ITEMS 3D INCH OUTl'AU REPAIRS ANO LINING LB. 555,000.00 I S65,OOO.00 I 565,000,00 20 INCH OUTl'AU REPAIRS AND LINING LO. 5100.000.00 I II DO.OOO.OO 1 $IOO,ODO,OO I ::10 INCH OUTFALL REPAIRS AND LINltm LS. S45,oOO.00 1 $4S,ODD.OD 1 545,000.00 5110 RalAlI Sala Till ('.d~-\l SII,060.00 518.060.00 Sublebol SllB,060.00 521..060.00 TOTALS S482,070.50 1405.004.50 l COUNTY SHARE" CURReNT. MINIMUM $740,587.00 $707.707.Bl 532,709.28 Exhibit A Pbo.'_ l.)Mo....'c-z.~.j..rJao...._c.~J1_J~_ lU~i~'fr"...Jlt:Jt~".... '.' ~'1L1ttl' EXHIBIT B SCOPE OF WORK - STORM SYSTEM IN CHARLESTON BEACH ROAD Work to be included into the Navy Yard Highway Phase of the SR3/SR304 T.I.P., is the upsizing of the existing storm system within Charleston Beach Road to accommodate the stonn flows from the Navy Yard City Regional Stormwater Improvements Project (NYCRSIP). The upsizing will require the use of36 and 42 inch storm lines with 54 and 60 inch Type IT catch basins from the current design of 18 and 24 storm lines with Type I and 4.8 inch Type IT catch basins. This work is shown in greater detail on Pages PI through PIS ofthe Plan Set for the project. Specifications are in accordance with the 2006 Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction, and as amended in the Special Provisions section of the Contract Documents. City of Bremertoll alld Kitsap COl/llty Amendment Number 4 to Interloeal Agreement SR3/SR304 Brelllerton Ferry Terminal to Gorst Vicinity TIP AMENDMENT NUMBER E (5) INTERLOCAL AGREEMENT Kitsap COWlty Agreement No. KC105-97E (5) City Agreement No. 3829 C.. 0... p>c. -y- . _ _ ~ _ r.~ "; .:' _ .~_.; ~ ... .; e, .. ~. ,'S-- i,:; THIS AMENDMENT NUMBER 5 to the Interlocal Agreement between the City of Bremerton, (hereinafter referred to as "CITY") and Kitsap COWlty (Hereinafter referred to as "COUNTY"), made and entered into this day of , 2007. WHEREAS, the CITY and COUNTY entered into an Interlocal Agreement pursuant to Chapter 39.34 RCW (Interlocal Cooperation Act) on June, 16, 1997, to facilitate the development of improved access between the Bremerton Feiry Terminal and Gorst as described in the Final Environmental Impact Statement entitled, "SR3/304 Bremerton Feny Terminal to the Vicinity of Gorst Highway Improvement Project" (hereinafter referred to as "PROJECT"); and WHEREAS, it'is deemed to be in the best interest for the CITY to include items of work in the CITY's construction contract proposed for the improvement of this section ofthe PROJECT, and WHEREAS, the CITY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of Chapter 39.34 RCW (Interlocal Cooperation Act) and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTU.A..LL Y AGREED AS FOLLOWS: I GENERAL The CITY, as agent acting for and on behalf of the COUNTY, agrees to perform the following "Description of Work": Plans, specifications and cost estimates shall be prepared by the CITY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted for the work. The CITY will incorporate the plans and specifications into the CITY's project and thereafter advertise the resulting proj ect for bid and, assuming bids are received and contract is awarded, administer the contract. The COUNTY hereby approves the CITY incorporating this work into the plans and - specifications as described in Exhibit "A", attached hereto and by this reference made a part of the AGREEMENT. The COUNTY may, if it desires, furnish an inspector on the proj ect. Any cost for such inspection will be borne solely by the COUNTY. All contact between said inspector and the CITY's contractor shall be through the CITY's representative. City of Bremertoll alld Kitsap COl/lIty Amelldment Number 5 to IlIler/ocal Agreemellt SR3/SR304 Bremertoll Ferry Terminal to Gorst Vicinity TIP IT PAYMENT All costs associated with the work, including design, inspection, construction and maintenance for the project, shall be solely borne by the City Upon completion of the work outlined herein, all future operation and maintenance of the improvements shall be at the sole cost ofthe CITY. ill DELETION OF WORK In the event the estimate of cost for the PROJECT exceeds current construction funding, the CITY shall have the option of deleting all or a portion of the work covered by this AGREEMENT from the CITY's contract. Deletion of the work from the CITY's contract shall be at no cost to the COUNTY. Should the CITY delete all of the work, responsibility for all future operation and maintenance of the two existing/replacement standards at Webster and National Avenues, and all costs thereof, shall return to the COUNTY. IV RIGHT OF ENTRY The COUNTY hereby grants and conveys to the CITY the right of entry upon all land which the COUNTY has interest, within or adjacent to the right of way of the highway, for the purpose of constructing said improvements. V VENUE In the event that any party deems it necessary to institute legal action or proceedings to enforce any right of obligation under this AGREEMENT, the parties hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in Kitsap County, . Washington. VI LEGAL RELATIONS No liability shall attach to the CITY or the COUNTY by reason of entering into tIus AGREEMENT except as expressly provided herein. City of Bremer/on and Kitsap COllllty Amendment Number 5 to fnter/oeal Agreement SR3/SR304 Bremer/on Ferry Terminal to Garst Vicinity TIP IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NUMBER 5 as ofthe day and year first above written. CITY OF BREMERTON: Cary Bozeman, Mayor Date ATTEST: Paula Johnston, City Clerk Date APPROVED AS TO FORM: Roger Lubovich, City Attorney Date . . -- (\ DEP ARTMENTAL APPROVAL: Laura Lyon, Finance Director Date Phil Williams, Director ofP.W. & u. Date City of Bremer/on and Ki/sap COl/llty Amelldment NI/mber 5 /0 IlIlerloeal Agreemen/ SR3/SR304 Bremer/oil Ferry T~/'lIIinal/o Gors/ Vicinity TIP BOARD OF COMMISSIONERS KITSAP COUNTY, WASHINGTON Chris Endresen, Chair Date J an Angel, Commissioner Date Josh Brown, Commissioner Date ATTEST: Opal Robertson, Clerk of the Board Date City of Bremer/oil and Kitsap County Ame/ldmellt Number 5 to Inter/ocal Agreement SR3/SR304 BremerlOn Ferry Terminal 10 Garst Vicinity TIP EXHIBIT A SCOPE OF WORK - LIGHTING SYSTEM ON CHARLESTON BEACH ROAD Work to be included into the Navy Yard Highway Phase ofthe SR3/SR304 T.I.P., is the construction of a new lighting system along Charleston Beach Road (CBR). This will entail rwming cable the length of the project (2600 feet), and installation of twelve (12) light standards and luminaires. This will be in addition to the two existing lighting standards to be replaced at the intersections ofCBR and National Avenue, and CBR and Webster Avenue. The replacement of the two existing standards is included as part of the project and are a separate contract item. This work is shown in greater detail on Pages IlL 1 through IlL 3 ofthe Plan Set for the project. Specifications are in accordance with the 2006 Washington State Department of Transportation . Standard Specifications for Road, Bridge and Municipal Const11lctio1Z, City ofBremerton Lighting Standards and as amended in the Special Provisions section of the Contract Documents. - --- ~ City of Bremer/on and Kitsap COl/lIty Amendment Number 5 /0 Inter/oca/ Agreemen/ SR3/SR304 Bremerton FerlJl Terminal /0 Garst Vicinity TIP AMENDMENT NUMBER 6 INTERLOCAL AGREEMENT Kitsap County Agreement No. KC105-97 F (6) City Agreement No. 3829 THIS AMENDMENT NUMBER 6 to the Interlocal Agreement between the City of Bremerton, (hereinafter referred to as "CITY))) and Kitsap County (Hereinafter referred to as "COUNTY"), made and entered into this day of , 2007. WHEREAS, the CITY and COUNTY entered into an Interlocal Agreement pursuant to Chapter 39.34 RCW (Inter/ocal Cooperation Act) on June, 16, 1997, to facilitate the development of improved access between the Bremerton Ferry Terminal and Garst as described in the Final Environmental Impact Statement entitled, "SR3/304 Bremerton Feny Terminal to the Vicinity of Gorst Highway Improvement Project" (hereinafter referred to as "PROJECT"); and WHEREAS, it is deemed to be.in the best interest for the CITY to include items of work in the CITY's construction contract proposed for the improvement of this section of the PROJECT, and WHEREAS, the CITY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of Chapter 39.34 RCW (Interlocal Cooperation Act) and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The CITY, as agent acting for and on behalf of the COUNTY, agrees to perform the following "Description of Work": Plans, specifications and cost estimates shall be prepared by the CITY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted for the work. The CITY will incorporate the plans and specifications into the CITY's project and thereafter advertise the resulting project for bid and, assuming bids are received and contract is awarded, administer the contract. The COUNTY hereby approves the CITY incorporating this work into the plans and specifications as described in Exhibit "A", attached hereto and by this reference made a part of the AGREEMENT. The COUNTY may, if it desires, furnish an inspector on the project. Any cost for such inspection will be borne solely by the COUNTY. All contact between said inspector and the CITY's contractor shall be through the CITY's representative. City oj Bremer/oil alld Ki/sap County Amendmenl Number 6 to Inter/oeaf Agreement SR3/SR304 Bremertoll Ferry Terminal to Gars/ Vicinity TIP IT PAYMENT All costs associated with the work, including design, inspection, installation and maintenance for the project, shall be solely borne by the CITY. Upon completion of the work outlined herein, all future operation and maintenance of the improvements shall be at the sole cost of the CITY. III RIGHT OF ENTRY The COUNTY hereby grants and conveys to the CITY the right of entry upon all land which the COUNTY has interest, within or adjacent to the right of way of the highway, for the purpose of constructing said improvements. N VENUE In the event that any party deems it necessary to institute legal action or proceedings to enforce any right of obligation under this AGREEMENT, the parties hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in Kitsap County, Washington. n_ .. V LEGAL RELATIONS No liability shall attach to the CITY or the COUNTY by reason of entering into this AGREEMENT except as expressly provided herein. City of Bremer/all and Kilsap Caullty Amendment Number 6 10 hllerlocal Agreement SR3/SR304 Bremer/on Ferry Terminal to Gorst Vicinity TIP IN WITNESS WHEREOF, the parties hereto have executed this AMENDrvIENT NUMBER 5 as of the day and year fIrst above written. CITY OF BRErvIERTON: Cary Bozeman, Mayor Date ATTEST: Paula Johnston, City Clerk Date APPROVED AS TO FORM: Roger Lubovich, City Attorney Date DEPARTMENTAL APPROVAL: Laura Lyon, Finance Director Date Phil Williams, Director ofP.W. & U. Date City oj BremerfOl1 alld Kitsap COl/my Amendment Number 6 to Inter/oeal Agreement SR3/SR304 Bremertoll Ferry Terminal to Gars/ Vicinity TIP BOARD OF COMMISSIONERS KlTSAP COUNTY, WASHINGTON Chris Endresen, Chair Date J an Angel, Commissioner Date Josh Brown, Commissioner Date ATTEST: Opal Robertson, Clerk of the Board Date City of Bremerton and Kitsap COl/Ilty Amendment Number 6 to InterlDcal Agreement SR3/SR304 Bremertoll PerIJ' Termilla/ to Gorst Vicinity TIP EXIITBIT A SCOPE OF WORK - LANDSCAPING IMPROVEMENTS The Navy Yard Highway Phase ofthe SR3/SR304 T.I.P. project, will be reconstructing Charleston Beach Road with a new surface, curb and gutter, sidewalks and a retaining wall from approximately Station 80+60 to 83+25. As part of this construction, the City will be restoring the areas behind some of the sidewalks and all ofthe adjacent area to the retaining wall with vegetation. This will be in addition to the landscaped areas previously constructed with the Missouri Gate phase of the project. As Navy Yard Highway phase and portions of the Missouri Gate phase are entirely within Kitsap County jurisdiction, the City of Bremerton seeks to maintain these vegetated and landscaped areas at City expense by City forces. This work is shown in greater detail on Pages L I through L 3 of the Plan Set for the project. Specifications are in accordance with the 2006 Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Constnlction, and as amended in the Special Provisions section of the Contract Documents. " City of Bremerlan and Kilsap Cal/Illy Amelldment Number 6to lllterlocal Agreement SR3/SR304 Bremerloll Ferry Termino/lo Gorsl Vicinity TIP AMENDMENT NUMBER 6 INTERLOCAL AGREEMENT Kitsap County Agreement No. KC105~97 F (6) City Agreement No. 3829 C'O" ~.V,.. "~".' '!'l".-' - " ""." "', '. >,' THIS AMENDMENT NUMBER 6 to the Interlocal Agreement between the City ofBremerton, (hereinafter referred to as "CITY") and Kitsap County (Hereinafter referred to as "COUNTY"), made and entered into this day of , 2007. WHEREAS, the CITY and COUNTY entered into an Interlocal Agreement pursuant to Chapter 39.34 RCW (Illterlocal Cooperation Act) on June, 16, 1997, to facilitate the development of improved access between the Bremerton Ferry Terminal and Gorst as described in the Final Environmental Impact Statement entitled, "SR3/304 Bremerton Feny Terminal to the Vicinity of Gorst Highway Improvement Project" (hereinafter referred to as ''PROJECT''); and WHEREAS, it is deemed to be.in the best interest for the CITY to include items of work in the CITY's construction contract proposed for the improvement of this section of the PROJECT, and WHEREAS, the CITY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of Chapter 39.34 RCW (Interlocal Cooperation Act) and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUA~.LY AGREED AS FOLLOWS: I GENERAL The CITY, as agent acting for and on behalf of the COUNTY, agrees to perform the following "Description of Work": Plans, specifications and cost estimates shall be prepared by the CITY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted for the work. The CITY will incorporate the plans and specifications into the CITY's project and thereafter advertise the resulting project for bid and, assuming bids are received and contract is awarded, administer the contract. The COUNTY hereby approves the CITY incorporating this work into the plans and specifications as described in Exhibit "A", attached hereto and by this reference made a part of the AGREEMENT. The COUNTY may, if it desires, furnish an inspector on the project. Any cost for such inspection will be borne solely by the COUNTY. All contact between said inspector and the CITY's contractor shall be through the CITY's representative. City of Bremer/all and Kilsap COl/nty Amendlllen/ Number 6 to Inter/oca! Agreement SR3/SR304 Bremertoll Ferry Terminal 10 Garst Vicinity TIP II PAYMENT All costs associated with the work, including design, inspection, installation and maintenance for the project, shall be solely borne by the CITY. Upon completion of the work outlined herein, all future operation and maintenance of the improvements shall be at the sole cost of the CITY. III RIGHT OF ENTRY The COUNTY hereby grants and conveys to the CITY the right of entry upon all land which the COUNTY has interest, within or adjacent to the right of way of the highway, for the purpose of constructing said improvements. N VENUE In the event that any party deems it necessary to institute legal action or proceedings to enforce any right of obligation under this AGREEMENT, the parties hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in Kitsap County, Wasbington. V LEGAL RELATIONS No liability shall attach to the CITY or the COUNTY by reason of entering into this AGREEMENT except as expressly provided herein. City of Bremertoll and Kitsap COl/flty Amendment NI/II/ber 6 to Inter/Deal Agreement SR3/SR304 Bremer/on Ferry Terminal to Gorst Vicinity TIP IN WITNESS WHEREOF, the parties hereto have executed this AMENDlvIENT NUMBER 5 as of the day and year fIrst above written. CITY OF BREMERTON: Cary Bozeman, Mayor Date ATTEST: Paula Johnston, City Clerk Date APPROVED AS TO FORM: Date Roger Lubovich, City Attorney DEP ARTMENTAL APPROVAL: . --- ~ Laura Lyon, Finance Director Date Phil Williams, Director ofP .W. & u. Date City of Bremer/oil and Kitsap COl/fIIY Amendment Number 6/0 J/lterlocal Agreement SR31SR304 Bremer/on Ferry Terminal/o Gors/ Vicinity TIP BOARD OF COMMISSIONERS KlTSAP COUNTY, WASHINGTON Chris Endresen, Chair Date J an Angel, Commissioner Date Josh Brovm, Commissioner Date ATTEST: Opal Robertson, Clerk of the Board Date City oJ Bremertoll alld Kitsap COl/llty Amelldment Number 6/0 llller/ocal Agreement SR3/SR304 Bremertoll FerlJ' Termillullo Gorst Vicillity TIP