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HomeMy WebLinkAbout04/07/2010 AGENDA i � ; . i ; � i �' � r � ; � , �I (' � 6 � 0 � \ 4 /y C7 � ; � T 0 �� 0 '' � \ � I pU�MLSL�SI��U�iJV i . CITY COUNCIL 345 6� Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280 APRIL 7, 2010 CITY COUNCIL MEETING AGENDA 1. BRIEFING 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION & ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — March 17, 2010 - C. Minutes of Study Session — March 24, 2010 D. Minutes of Monthly Study Session — March 31, 2010 E. Authorization to apply for Washington State Department of Transportation (WSDOT) Pedestrian and Bicycle Safety Grant F. Agreement with Kitsap County for Incarceration of City Prisoners G. Professional Services Agreement with LUSIGNAN FORESTRY �NC. of Shelton for Timber Harvest Management & Marketing Services H. Contract Modification No. 1 to the Professional Services Agreement with HDR EN��NEERitvG, INC. for UV Treatment Facility I. Resolution No. 3113 authorizing an InterFund Loan to the General Fund from the Wastewater Fund for case flow purposes 6. GENERAL BUSINESS A. Resolution No. 3112 in support of "Kids at Hope" B. . , , Ifem Pulled C. Item Pulled D. Authorization to submit an EPA Grant Application for the Gorst Creek Watershed Plan 7. PUBLIC HEARINGS A. Public Hearing and Release of Easement for Halverson Addition Water Main B. Public Hearing and Ordinance No. 5106 to vacate an Alley located between 1 and 2" Streets, East of Pacific Avenue 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING � Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Cleilc's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD c, � �7/ � � � 1 �' � P � � � ��� n �� �� �� � � t rC� C� • � �--� �w�CJ°� �SLIv � ��n ��'C� l �.J� REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU I ;�-�-�--_-�� ( � � � + `� i `r----------- ' � c�os�r� c�c� � I � p '��`� { �. c ��Jl �__,—. ---._-_ PROCLAMATION WHEREAS, designed to be more than a career day, the Take Our Daughters and Sons to Work program goes beyond the average practice of °shadowing° an adult; and WHEREAS, e�rposing girls and boys to what a parent or mentor in their lives does during the work day is important, but showing them the value for their educarion,�helping them discover the power and possibilities associated with a balanced work and family life, providing them an opportunity to share how they envision the future, and allowing them to begin steps toward their end goals in a hands-on and interactive environment is key to their achieving success; and WHEREAS, this year's T'ake Our Daughters and Sons to Work Day is April 22, 2010 and the theme is "1 Youth, l Dream, 2 Morrow's Leader"; and WHEREAS, by bringing girls and boys together, we all contribute to creating a more ec{uitable world-at home, at school, and in the workplace; and WHEREAS, this year we are celebrating the opportuniries that �rls and boys will discover and the opportuniries for parents, mentors, and the community to continue involvement in this unique educational e�erience. NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby proclaim Thursday, April 22, 2010 as TAKEOUR DAUGHTFRSAND SONS TO WORK day in Bremerton and encourage everyone to take part in this worthwhile program. SIGNED, this 7` day of Apri12010. Pariy Lent, Mayor DATE SUBMITTED: 4/7l20I0 �� AGENDA BII.L CITY OF BREMERTON CITY COUNCIL ..........................................................................................., SUBJECT: Committee Meeting Date: COUNCIL MEEZ'ING Date: Apri17, 2010 Claims & Check Register Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. ATTACHIVIENTS: Check Register. FISCAL IlVIPACTS (Include Budgeted Amount): APPROVALS: � DEPART'I�NT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONIlVIITTEE CHAIR _ COUNCIL PRESIDENT: CONSENT AGENDA � GENERAL BUSIlVESS ❑ PUBLIC HEARING ❑ RECOMNIENDED MOTION: 1) Check #'s 336862 through 337164 and EFT's 9686 through 9749 in the amount of $2,358,397.55. � 2) Regular Payroll for the pay period ending March 15, 2010 in the amount of $39,587.04. 3) Regular Payroll for the pay period ending March 31, 2010 in the amount of $819,851.18. 4) Retuee Payroll for the pay period ending March 31, 2010 in the amount of $83,299.16. COUNCIL ACTION: � Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action I):1 I I: :>l � t;;�t l"I��i�l�l ): �� :�C:ENDA [31LL CITY OF BREI��]ERTON C1TY COLINCIL .......................................................................................� tiI�BJF.CT: City Councii Meetin� Min�rtes Cl)Illlllllll;t' ��teetin� Date: N/A t��r mcctin� of /vf�r�� ��� o�UI � ( 'OUNC'IL Y11�L"I�ING I�atr: __ /-�-ph_1 �7, � oi t� Dcpartment: C ity C ouncil Prescntc�° Nick 4Vofford, Council President Phone: ( �GO) �73-5280 S U�NIMARY: Attaclled is the summary of the City Co�uicil Meetin� held /t'��� � 7 a o � a, r ATTACHMENTS: Meeting Minutes for /��,r-�� �� a UiD FISCAL IMPACTS (Include Budgeted Amount): N/A .4PPROVALS: DEPARTMENT DIRECTOR: Council President CITY ATTORNEY: N/A FINANCE DIRECTOR: N/A vIAYOR N/A COMMITTEE CHAIR N/A (�'OUNCIL PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ PUBL[C HEARING ❑ RECONI,'VIENDED NIOTION: tilovc to approve meeting minutes as presented. ('Ol NCIL ��('TION: ❑ Appruve ❑ Drny ❑'fabl� � C l)I1t117U1: ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 17, 2010 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 17, 2010, at 5:00 PM in Counci) Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6�' Street, Bremerton, Washington, with Council President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell and Jim McDonald. Also present were City Attomey Roger Lubovich; Deputy City Clerk Cherie Henri; and Legislative Assistant Lori Smith. A CouNCi� BRiEFiNG was then held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. President Wofford announced that a 10-Minute Executive Session to consider a"Real Estate Acquisition" per RCW 42.30.110 (1) (b) has been added as Item 7A and action is anticipated. The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Pastor Eric Roberts of New Life Assembly. MAYOR'S REPORT On behalf of Mayor Patty Lent, President WofFord brought forward Bremerton High School Principal Katharine Glevsteen; Athletic Director Geors�e Duarte; and Boy's Varsity Basketball Head Coach Casev Lindberg to congratulate Bremerton High School for winning the Olympic League Division Championship and for competing in the 2010 Washington State High School Basketball Toumament; then introduced the team behind this amazing joumey — Assistant Coaches Mike Stitt, Phil Olwell, Joe Wilson, and Tim Olson; Scorekeeper Curtis Allen; and the Bremerton High School Knights Andrew Shadle; Conner Wales; Charles Wilson; Andre Coleman, Jr.; Michael Lawrence; Terrick McGhee; Jarell Flora; Kees�an Fein; Sabian Perri�o; Marshall Stevens; Shaauille Jones; and Tim Pounds. Council Members then provided comments in support of the Bremerton Knights... PUBLIC RECOGNITION 8 ANNOUNCEMENTS Joe Hudson owner of Evergreen Trophies and Evergreen Kitchen, was very concerned that the City did not communicate with him and other businesses about the road closure on Pacific Avenue. Debra McDaniel was deeply disappointed that a Council Committee decided to not bring forward a proposal to legalize the ownership of chickens; and encouraged Council to reconsider this issue based on facts. Paula Wilds expressed her concem about her son's recent parking ticket next to Kate's Jersey Subs following the Saint Patrick's Day Parade which involved a lack of signage. CONSENT AGENDA A. Check Numbers 336583 through 336861; and EFT-9645 through EFT-9685 in the amount of $2,299,640.23; and Regular Payroll (payout) for the pay period ending February 28, 2010 in the amount of $829.04. B. Minutes of Meeting — March 3, 2010 C. Minutes of Study Session — March 10, 2010 D. Reappointment of Bill Mosiman to the Planning Commission E. Appointment of Rick Tift to the Planning Commission F. Appointment of Greg Jose to the Planning Commission � G. Appointment of Peter Aylswo�th to the Design Review Board H. Acceptance of Easement for W580 Zone Reservoir from the City of Port Orchard City Council Reg. Mtg. Minutes Wednesday, March 17, 2010 Page 2 of 3 I. Professional Services Agreement with Measurement Research Corporation (MRC) for a Multi-Year Pavement Maintenance and Rehabilitation Plan J. Purchase of three (3) 2010 Ford Crown Victoria Police Interceptors Thens were no questions or comments from the public... 05:56:35 M/S/C/U (Brockus/Runyon) Move to approve the CoNSENT AGEN�A as presented. Gre� Jose and Peter Avlsworth thanked the Council and the City for this opportunity to serve. GENERAL BUSINESS — Ther�e wer�e no General Business items tonight... The Counci! held a 10-Minute Executive Session to consider a°Real Estate Acquisition" per RCW 42.30.110 (1)(b) from 6:00 to 6:10 PM... 7A — APPROVAL OF A REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF BREMERTON. THE SIXTH � PARK AVENUE PARTNERSHIP. AND KITSAP BANK FOR PROPERTY LOCATED AT 550 PARK AVENUE IN BREMERTON. WA: 06:12:15 M/S/C/U (Brockus/Runyon) Move to approve the purchase of the Kitsap Bank building on 6"' & Park for the Municipal Court, and authorize the City Attomey to negotiate and finalize the transaction with substantially the same terms as presented. COUNCIL MEMBER REPORTS Will Mauain attended numerous meetings in the past finro weeks, including the Kitsap Transit Board which is trying to figuring out how to restore service levels that meet the need of the community need. � Carol Arends stated it would be a real victory if Kitsap Transit could retum to prior service levels; announced that Mountainview Middle School will be hosting a band concert tomorrow at 7:00 PM, North Kitsap High School will be hosting the Regional Middle School concert on March 19; and that schools will be out during Spring Break which will be during the week of March 29 to April 2. Dianne Robinson has been tracking several legislative issues including a proposed tax on stormwater services; reminded the public that March is °National Women's History Month°; was pleased to announce that Carol Arends will be recognized as a Woman of Achievement; and wished the community a Happy Saint Patrick's Day. Gres� Wheeler reported on several meetings he attended including the Saint Patrick's Day Parade, Military Appreciation Day, CenCom Policy Board, and Puget Sound Regional Council; and mentioned that he discussed a proposed campus and family center with Bishop Larry Robertson of Emmanuel Apostolic Church and hoped by coordinating with local service providers, the proposed center would enhance services already in place. Rov Runvon explained that the next District 4 Community Meeting will not be held on March 23 as originally announced, but instead on Monday, April 5 beginning at 6:00 PM in the First Floor Chambers to discuss,the proposed citizen's initiative to allow ownership of chickens in the city limits; and was pleased with attendance numbers generated from a recent Roller Derby event. Adam Brockus clarified that the motion just passed was for the purchase of the Kitsap Bank building for the new Bremerton Municipal Court Building; and invited citizens to attend a Public Meeting to p�ovide comments on the Bachman Park View Shelter Renovation on Tuesday, March 23 at 6:00 PM at the Sheridan Park Community Center. Jim McDonald reported on his attendance at the Kitsap Housing Coalition Strategic Planning Retreat held last Wednesday; briefed the Council on the District 1 Neighborhood Meeting held last week; and added that Lions Park will be closed for a year for renovation beginning on Monday, March 22. City Council Reg. Mtg. Minutes Wednesday, March 17, 2010 Page 3 of 3 Nick Wofford was interviewed recently for BKAT's "Inside B�emerton° program to discuss Council Committees; encouraged the public to retum their census forms to be counted; and announced that the next Council Meeting will be held on Wednesday, April 7 with a Study Session on March 24 and a Monthly Study Session on Wednesday, March 31. With no further business, President Wofford adjoumed the Council Meeting at 6:25 PM. P�ep red and Submitted by: LO I SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg I):� I I: til�l;;�ifl'�I�l�.l): �� :�(;ENDA I3ILL C'ITY OF BREMERTON CITY (�Ol_1NCIL � ...e ...................................................................................., tiU13,1i:C'T: City C��uncil Ntectin� Minutes Cummittce Meetin� Date: N /�� I�,r mectin� of MarGL► a y � 010/0 ('OUN('IL ��11�L:7'lN(� t)atc: ��� h� 7� a a/a � Dep ili'1111C111: ( 'ity C'ounc�l Presenter: Nick Wofford, Council President Phone: (360) 473-5280 SUiYIMARY: Attaclied is the summary of the City Cotincil Meeting held ��,-� aY , a o�v ATTACHMENTS: Meeting Minutes for IVIQ,�� aY� a D�a FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President CfTY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A COMMITTEE CHAIR N/A ('OUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ R[:CO,tiiME�iDED MOTION: ��-luve to ap}�rove mcetin� minutes as presented. ('O(;\'('IL :�CTION: ❑ /�pprove ❑ Deny ❑ ']'ablc ❑ ('�mtinu� ❑ No ,nction DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES March 24, 2010 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6� Street Bremerton, Washington, Wednesday, March 24, 2010, at 5:00 PM, with Council President Nick Wofford presiding. Council Members present were Carol Arends, Greg Wheeler, Roy Runyon, Cecil McConnell, and Jim McDonald. Council Members Will Maupin, Dianne Robinson, and Adam Brockus were absent. Council Assistant Christine Grenier was p�esent to provide staff support. President Wofford emphasi2ed that the Study Session was open to the public, however there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. A. NO DISCUSSION PLANNED - The fo/lowing items ane budgeted items or have been ►neviewed by the appropriate Council Committee; and will be placed on fhe April 7 Council Meeting Agenda for action: 1. Proposed public hearing and Release of Easement for Halverson Addition Water Main — Michael Mecham, Interim Public Works 8 Utilities Director/City Engineer; and Dianne Robinson, Public Works Committee Chair Public Hearing 2. Proposed public hearing and ordinance to vacate an Alley located befinreen 1 st and 2"� Streets, East of Pacific Avenue — Michael Mecham, Interim Public Works 8 Utilities Director/City Engineer; and Dianne Robinson, Public Works Committee Chair Public Hearing 3. Authorization to apply for Washington State Department of Transportation (WSDOT) Pedestrian and Bicycle Safety Grant — Michael Mecham, Inte�im Public Works 8 Utilities Director/City Engineer; and Dianne Robinson, Public Works Committee Chair Consent Agenda B. BRIEF/FULL DISCUSSION PLANNED 4. Proposed resolution supporting "Kids at Hope° — Mayor Patty Lent Genera/ Business 5. 2011 Voluntary Employment Separation Agreement for Police Chief Craig Rogers - Mayor Patty Lent Continued discussion to March 31 Study Session 6. Agreement with Kitsap County for Incarceration of City Prisoners — Police Chief Craig Rogers; and Roy Runyon, Public Safety, and Parks Committee Chair Consenf Agenda 7. Professional Services Agreement with LusiGNnrv FoRESrRY, INC. of Shelton for Timber Harvest Management 8 Marketing Services — Bill McKinney, Forestry Manager; and Dianne Robinson, Public Works Committee Chair Consenf Agenda 8. Contract Mod�cation No. 1 to the Professional Services Agreement with HDR ENGINEERING INC. for UV Treatment Facility — Michael Mecham, Interim Public Works 8 Utilities Director/City Engineer; and Dianne Robinson, Public Works Committee Chair Consent Agenda City Council Study Session Minutes Wednesday, March 24, 2010 Page 2 of 2 C. GENERAL COUNCIL BUSINESS 1. Briefings provided by Council Committees Chairs and Council Members are summarized as follows: • Carol Arends planned to attend the next Puget Sound Regional Council Operations Committee and Executive Board meetings tomorrow via teleconference; and announced that the Transportation 2040 Plan was finally passed recently. • Cecil McConnell mentioned that he and Carol Arends met with Mayor Lent this week to discuss audit issues. • Rov Runvon discussed data analysis done recently by Kitsap Economic Development Alliance (KEDA); and believed that if a business is having di�culty then the city should know about it so that action can be taken to ensure businesses do not continue leaving Bremerton. • President Wofford announced that the Lodging Tax Advisory Committee would be meeting tomorrow to address organizational matters; and encouraged Council Members to attend the meeting tonight hosted by Bishop Robertson regarding the "Proposed Marvin Williams Family Center�. With no further business, President Wofford adjoumed the Study Session at 5:50 PM. Prepared and Submitted by: /�i,,_ isr', :. , . ` CHRISTINE GRENIER Council Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg i� ,11 l�: til ��;n-u�i��rt:u: �� .-�cFVn.a an�i_ , C'ITY OF BREiV1ERTON CITl' COUNCfL .......................................................................................� �l�B.IECT: City Cc�uncil iVleetin� Minutes C��mn�ittee Mectin� Date: N!A . tor mectin3 of /►'jurGh 3l, a��o ('OUNC'1L M1�1;'CWG I) .�c�: /} p�_� a a , a Department: C'ity C'ounc�l Presenter: Nick Wofford, Council President Phone: (360) 473-5280 SUMMARY: Attached is the summary of the City Council Meetin� held /�j��.� 3/� a b» ATTACHMENTS: Meeting Mimites for /%� �� � o a EISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President C ITY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A COMMITTEE CHAIR N/A �'OUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUS[NESS ❑ � PUBLIC HEARING ❑ ItCCONIMENDED MOTION: �l��vc to approve mcetin� minutes as presented. C'Ol�\('IL ACTION: ❑ ��pprove ❑ Deny ❑ 'fahl� ❑ ('��ntinuc ❑ No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES March 31, 2010 A Monthly Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603 Of the NORM DICKS GOVERNMENT CENTER 345 6'" Street, Bremerton, Washington, Wednesday, March 31, 2010, at 5:00 PM, with Council President Nick Wofford presiding. Council Members present were Carol Arends, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald. Council Members Will Maupin and Dianne Robinson were absent. Legislative Assistant Lori Smith was present to provide staff suppo�t. President Wofford emphasized that the Study Session was open to the public however there would be no opportunities for input or participation. Staf� pr�esentations wens made on the fo/lowing items, with action anticipated at the next Council Meeting scheduled on April 7, 2010: 1. Request for authorization to submit a grant application to the EPA for the Gorst Creek Watershed Plan — Mike Mecham, Interim Public Works Director/City Engineer; Tom Knuckey, Managing Engineer; and Andrea Spencer, Community Development Director Genera/ Business 2. Proposed resolution to authorize an Interfund Loan to the General Fund from the Wastewater Fund for case flow purposes — Barbara Stephenson, Financial Services Director Consent Agenda 3. Proposed ordinance to increase the maximum vacation pay-out if furloughs, reduced work schedules, or equivaleM are implemented — Mayor Patty Lent Genera/ Business 4. Request fo� 2011 Voluntary Separation Agreement for Chief of Police Craig Rogers — Mayor Patty Lent Genera/ Business BREMERTON CITY CHARTER - PROPOSED CHANGES At the request of Council President Nick Wofford, Council Members were asked to submit all City Charter changes they wished to propose. A Study Session was held on Wednesday, March 24 to decide which of those items the full Council wished to discuss at the Study Session tonight. A final determination was then made to submit the following items to a ballot measure for approval by the citizens: Article II. "Elective Officers" Section 6— Officers — Etection — Tenri — Qualifications: Reduce Council Members from 9 to 7— No Allow Council Members to hold a dual o�ce with zero compensation — Yes Set Term Limits — No Section 10 — Vacancies - Filling: No Changes Section 11 — Pro Tempore Appoinbnent: No Changes Article III. "Leaislation" Section 13 — Council Meetings — Public Notice of Meeting Agendas: (2) Regu/ar meetings of the Council shall be he/d at a place within the corporate limits of the City, at such times as may be fixed by ordinance or resolution. Special meetings may be held at a place outside of the corporate limits of the City — Yes City Counc+l Monthly Study Session Minutes Wednesday, March 31, 2010 Page 2 of 2 Section 15 — Ordinance — Styles — Rsquisites — Veto: (4) Emergency Ordinances — Proposed language to amend sub-items (a) and (b) will be resubmitted by the City Attorney and presented at the Study Session on April 14 Section 16 — Ordinances — Authentication and Reconiing: Copies of all ordinances and resolutions adopted by Council shall be maintained by the City Clerk and availab/e for public inspection by the public — Yes Article VI. "Civil Service" Section 28 — Commission, Creation of: Eliminate the sentence "The cumently seated members may serve their current terms."— Yes Section 28 — Commission, Rules and Powers: Eliminate ltem (3) in its entirety and renumber remaining items to (3), (4), (5) — Yes Section 31 — Employees included in Civil Service: (1) (a) All full time paid employees of the Fire and Police Departments of the City unless specifically excluded or exempt by the Council as may be provided by law. — Yes (b) All other full time employees as may by authorized by Council. — Yes (2) Remove this item in its entirety — Yes Article IX. "Franchises" Sectio� 35 — Franchises — Term — Renewat: Proposed language to amend this paragraph wil! be submitted by the City C/erk at the Study Session on April 14 Article X. "Miscellaneous" Section 41— Report — Requisites of Claim — Time Limitations: Eliminate this section of sentence a.. .giving the residence for six months last past of the claimant..."— Yes With no further business, President Wofford adjourned the Study Session at 8:10 PM. Prepared and Submitted by: L RI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg DATE SUBMITTED: � � AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Authorization to Apply for Committee Meeting Date: Marcha�, 2010 Washington Department of Transportation COUNCIL MEETING Date: Apri17, 2010 Pedestrian and Bicycle Safety Grant Department: PW&U Engineering Presenter: Michael Mecham � Phone: 473-5288 SUMMARY: The City of Bremerton, via letter to the Mayor dated January 27, 2010, has been invited to submit a grant application for a program to address pedestrian and bicycle safety in a selected azea of Bremerton. The area identified for grant eligibility is SR303 between Sheridan Road and RiddellRoad. This azea has been identified due to its history of pedestrian and bicycle accidents in the past five yeazs. Funding is eligible for both construction related and/or programmatic (education) related actions. Grant submittals are due May 10, 2010. ATTACHMENTS: 1. Invitation to apply letter to Mayor Lent FISCAL IMPACTS (Include Budgeted Amount): Matching funds aze not required. No grant maximum has been specified but a history of past grant awazds appears to be approximately $1,000,000. APPROVALS: ,A ��� DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: � � a COMMITTEE CHAIR � �. COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to allow City of Bremerton, Department of Public Works and Utilities to Apply for Washington Department of Transportation Pedestrian and Bicycle Safety Grant. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action V�fashi�tgton Sfa#e H?epartment a� �'ranspoptation � �'aula J . FO�Mttiptid� P.E. Tr�nsportation Butlding Secretary of Transportation �» n9a �@ �'a�k Avenue S.E. P•d. Box47300 Tanuary 27, 2Ol O OlyrrlP(a. WA 98504_ . 7300 The Honorable Pat 36°- � Q ���� o City of Bremerton ty �ayor M 1 ` 80 �33-6388 �! wsdo�w�,go 345 6�' Street, Swte 6�p Mayor's Office Bremerton, '(�V���on _9833� JAN 2 � 20IQ Re: Pedestarian aud Bicycle Safe tiY Grants �+tY s� g�emerion D�' Mayor Lent; 'The Pedestriar� a�d Bicycle Safety G�. fatai and injury �ollisions invol • ants were established to address the nearl Provided tluough ��vitationa�� od �t �a bic Y 400 statewide aPP1Y for P Yclists �ach year. The funding to improve ec�estri p� As a quali �� are being � and bicycle safe �n� agency, y �.e invited to WSDOT's website contains �� y commun��, and additional info �e descript�on ofthe pedestrian BL h ://wsdot.wa, � which includes the agenc Bicycle Safe o�'�ik�/fundi .h� Y selection r �' �nt Pr P ocess. ' Background: A descript� �f the pedestrian �d • methodology �� � �e invitatio $jcycle S� naI call for app�cations �' Grant Program and the APPL�atiou. 'The application and associated c�irect' submittal process jons, i��j�d� re u . q �'ed attachments and Evaluadon C'r�teria: The criteria that will be use .�r2 addition, the roadwa S � to score the grant applications Y and a map of bicycle arld pedestrian collision locan WSDOT Hig}��,ays �;t,ocai pxo ns �'e enclosed. t�� a pplicable'Vt�SDOT �� is a�vailable to offer tec ���� �e�ion when appr f� ��al assistance, ple�e consult ov/LocslPrp �ds on state rou�es. ams/re ional.htm The deadline for a • the web or mail by the d ad S is rni '�, 0. . contact our Bic �� �You - j�ase submit pro osed 3b0,7pS,�sg6 ycle /Pedesirian Coor ' � g�� orneed p projects via. duiazar, Ian Macek at maceki more information, please wsdot.w�, oy pr Sincerely, �- �� �::��� �.�--. Kaflile�n B. Davis - Director Highways 8t Loc�l progc'a,�ns Division Enclosure cc: Local Programs Engineers 4 j a _ i # DATE SUBMITTED: March 16, 2010 AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Agreement with Kitsap County Committee Meeting Date: March 24, 2010 for Incarceration of City Prisoners COUNCIL MEETING Date: Apri17, 2010 Department: Police Presenter: Chief Rogers Phone: 5750 SUMMARY: The Kitsap County/City of Bremerton Agreement for Incarceration of City Prisoners established the incarceration/detention, presentation of confinement, durarion, operation standards, remittal of bail monies, transportation, medical and dental care, general provisions, billing, limitation � of assignments and hold harmless terms between the City and the County for jail services. The amount is for $550,000.00 for the first year of the contract and contains a CPI adjustment for the second year of the contract. ATTACHMENTS: Kitsap County/City of Bremerton Contract for Incazceration of City Prisoners FISCAL IMPACTS (Include Budgeted Amount): For 2010 the City has placed $652,000.00 in the General Fund Non-Departmental budget for the caze and custody of prisoners. The agreement amount, $550,000.00 is included. APPROVALS: � DEPARTMENT DIRECTOR: CITY ATTORNEY: � FINANCE DIRECTOR: MAYOR: � COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Kitsap County/City of BremertonA��"t�n�t�+'�' �ro� Incarceration of City Prisoners with Kitsap County and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented `� COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action !, KC-065-10 KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF CITY PRISONERS THIS AGREEMENT is made and entered into by and between KITSAP COUNTY, a municipal corporation, having its principal offices at 614 Division Street, Bremerton, Washington, 98366 (the County) and the City of Bremerton, (the Contract Agency) having its principal offices at 345 6 th Street, Bremerton, WA 98337. WHEREAS, the County is authorized by law to operate a jail for misdemeanants and felons and the Contract Agency is authorized by law to operate a jail for misdemeanants and felons; WHEREAS, the Contracting Agency wishes to designate the County jail as a place of confinement for the incarceration of one or more prisoners lawfully committed to the Contract Agency's custody; WHEREAS, the County is amenable to accepting and keeping prisoners received from the Contract Agency in the County's custody at its jail for a rate of compensation mutually agreed to herein; WHEREAS, RCW 39.34.080 and other Washington laws authorize any public agency to contract with another public agency to perform services and activities that each such public agency is authorized by law to perForm; and WHEREAS, the County and Contract Agency have considered the anticipated costs of incarceration services and potential revenues to fund such services and determined it is in each of their best interests to enter into this Agreement as authorized and provided for by RCW 39.34.080 and other Washington law. AGREEMENT For and in consideration of the conditions, covenants and agreements contained herein the parties agree as follows: 1. PURPOSE: It is the purpose of this Agreement to provide for the use by the Contract Agency of the County's jail facilities and services located at the Kitsap County Sheriff's Office, Corrections Division, 614 Division Street Port Orchard, Washington 98366. 2. DETENTION/INCARCERATION The County shall incarcerate persons received from Contract Agency until the following occur: (a) expiration of the term of confinement as indicated in a Warrant or Order of Commitment; or (b) upon posting of bail; or (c) receipt of a directive from a law enforcement officer or prosecuting attorney of the Contract Agency to release such person held under probable cause without judicial process; or Page 1 of 11 (d) for those held upon probable cause without judicial process upon the passage of two (2) business days; provided, prior to releasing any person pursuant to this subsection, the County shall attempt to contact the Contract Agency to ascertain the Contract Agency's desire with regard to said person; provided that the Contract Agency shall hold the County harmless as set forth in Section 18 for any claim or action resulting from the detention of an individual wrongly detained at the direction of the Contract Agency. 3. CONTRACT REPRESENTATIVES: All written notices, reports and correspondence required or allowed by this Agreement shall be sent to the following: County: Kitsap County Sheriff's Office Ned Newlin Chief of Corrections 614 Division Street, MS-33 Port Orchard, WA 98366 Phone: 360-337-7107 Fax: 360-337-5780 Contract Agency: City of Bremerton Chief of Police 345 6th Street Bremerton, WA 98337 Phone: 360-473-5950 Fax: 360-473-5940 4. AVAILABILITY OF JAIL FACILITIES: Subject to the County's rights with respect to certain prisoners set forth in Sections 9 and 10 herein, the County will accept and keep prisoners at the request of the Contact Agency, unless the County, in its sole discretion, determines that the jail population is at capacity or so near capacity that there is a risk that the reasonable operational capacity limits of the County's jail might be reached or exceeded if the County does . not begin to refuse or request removal of prisoners. However, County agrees to notify the Contract Agency prior to any potential action by the County resulting in a change of intake standards. County further agrees to cooperate to the greatest extent possible with the Contract Agency to ensure Contract Agency's ability to incarcerate its prisoners at the county facility. 5. DEFINITIONS: "Contract Agency Prisoner" as used in this Agreement shall mean a person arrested by the Contract Agency officers and held and confined in the County Corrections Facility, or otherwise held in detention as provided in this agreement pursuant to a violation of a Contract Agency ordinance or a violation of a state law or ordinance which designates the crime for which the person is held to be a misdemeanor or gross misdemeanor. . A prisoner arrested on a warrant issued by another jurisdiction within Kitsap County or for charges initiated by a non-Contract Agency officer, shall be the responsibility of the originating agency. Arrests made by Contract Agency officers on extraditable warrants issued by agencies outside Kitsap County will be considered County Prisoners. "Bed —Da�' shall mean a consecutive 24-hour period that a Contract Agency prisoner is in custody at the county jail, including a prisoner's booking into the county jail. Page 2 of 11 "Shared Bed-Day" shall refer to the circumstance when a Contract Agency prisoner is held in custody pursuant to this agreement at the same time, including periods of time less than 24 hours, the prisoner is being held by another jurisdiction in the County facility. "Shared CosY' In the event of a shared bed day, the bed day shall be apportioned on an equal basis between the respective jurisdictions having custody of the prisoner. For example, if the Contract Agency and the County and another jurisdiction have custody of a prisoner at the same time during any 24 hour period (bed- day), then each respective jurisdiction would be responsible for a 331/3% share of the bed-day. "Fractionalized Bed-Day" In the event a Contract Agency prisoner is not held in custody for a full bed-day, the Contract Agency shall be assessed according to the length of time the prisoner is in custody. Assessments shall be determined in'/2 day increments. For example, if a Contract Agency prisoner's stay is from 2000 hrs on January 1 to 0800 hrs on January 2, the total elapsed time would be 12 hours or'/2 of a bed-day. In the event the prisoner is held for 18 hours or less, the City shall only be assessed for a'/� bed-day. For stays over 18 hours, the Contract Agency shall be assessed a full bed-day. A fractionalized bed-day may still be considered a shared bed-day if two or more jurisdictions have custody of a prisoner at the County facility at the same time. 6. COMPENSATION FROM CONTRACT AGENCY: (a) Base Rate for Housinq. In return for the County's housing of a Contract Agency Prisoner, the Contract Agency shall pay the County $550,000.00 in the calendar year 2010 for a total of 8000 Bed Days (also referred to as the Annual Bed Bank). The Annual Bed Bank shall be reduced by one bed day for each full bed-day, or portion thereof, a prisoner is in the custody of the County, as outlined under subsection (e) (Split Billing) below. Such time period shall be measured from the time said prisoner is transferred to the custody of the County to the time when the Contract Agency resumes custody or the prisoner is released. The daily rate for housing of additional prisoners beyond the Annual Bed Bank shall be $68.75 per full bed-day, or pro- rated for any portion thereof. On January 1 st of each year the base rate for housing shall be increased by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI-U) (1982-1984=100) for the Seattle-Tacoma-Bremerton area for that period from June to June (June 2009 to June 2010 for 2011 contract year, June 2010 to June 2011 for 2012 contract year) as is specified by the Bureau of Labor Statistics, United States Department of Labor; provided, however, the COLA increase shall not be less than one percent (1 %) nor more than five percent (5%). (b) Determination of Case Status. The Kitsap County Prosecuting Attorney shall have the sole authority to determine which felony cases submitted by the Contract Agency shall be charged as felonies. The Contract Agency shall not be responsible for the base rate for housing on any cases charged as a felony by the Prosecutor. Nothing in this contract prevents the County from seeking reimbursement for felony medical costs prior to conviction as provided in RCW 70.48.130. If the Prosecutor makes the determination that a case is a gross misdemeanor/misdemeanor, such cases shall be referred to the Contract Agency for filing in the appropriate court of limited jurisdiction. However, Bed-days shall not begin to be charged to the Contract Agency until the Kitsap County Prosecuting Attorney has declined to charge the felony case and referred the case back to the Contract Agency. Any case originally charged by the Prosecutor as a felony and later plea- bargained or adjudicated to a gross misdemeanor/misdemeanor, shall not require compensation by the Contract Agency for the base rate of housing. (c) Other Costs. The Contract Agency shall also pay such other costs to the County or third parties as set forth herein, including but not limited to any medical costs required by Section 7. (d) Billina. The County will bill the Contracting Agency on or about the 15th day of each month for all amounts due to the County under this Agreement for the services rendered in the prior calendar month. Such fees shall be due and payable by the Contract Agency to the County within 30 days after receipt of an itemized invoice. Page 3 of 11 (e) Shared Cost Whenever two or more agencies have holds pending before those courts for an inmate incarcerated at the jail, the "Annual Bed Bank" shall be reduced proportionally to reflect either a shared bed day and/or a fractionalized bed day. 7. MEDICAL COSTS AND TREATMENT: a) Services Provided. Upon transfer of custody of a prisoner to the County, the County will provide or arrange , for such medical, psychiatric and dental services as may be necessary to safeguard the prisoner's health while confined, in accordance with the policies and rules of the County jail. The County contracts with ConMed Healthcare, Inc.for in-house medical and mental health care in the jail. The costs of these services are included in determining the daily per diem rates charged to the Contract Agency. (b) Cost Responsibilitv. Outside Medical costs are expenses incurred for any treatment or procedure outside of the jail and include prescriptions, any in-patient or out-patient treatment or referral. The Contract Agency shall be responsible for its proportion of the costs of all outside medical costs for its prisoners as provided herein. For purposes of inedical costs and treatment, the Contract Agency prisoners are defined as all arrestees, pre-conviction and post conviction misdemeanants and all pre-conviction felons. The Contract Agency shall also be responsible for its proportion of all costs associated with the delivery of inedical, psychiatric and dental services provided to a prisoner that are not available from the health care program within the County jail and for all emergency medical services, wherever provided. These costs shall be paid directly to the County, as directed by the County. Upon a felony conviction of a pre-conviction felony prisoner of the Contract Agency, medical costs and treatment become that of the County, until transferred to the Department of Corrections, when applicable. Prisoners arrested and confined on warrants issued in Kitsap County shall be the responsibility of the originating agency. Outside warrants will be the responsibility of Kitsap County for medical payments. (c) Emergencv, Non-emerqent and Non-hospital Care outside the Jail. For emergency care, the County will notify the Contract Agency within four (4) business hours of transport (Monday through Friday 8 a.m. to 5 p.m. PST). For non-emergent and non-hospital care outside of the jail, the County will notify the Contract Agency before noon on the next business day. In either case, the Contract Agency will be notified by calling the Chief of Police or his or her designee. (d) Pre-Confinement Consents or Refusals. If a Contract Agency prisoner has received or refused any medical, psychiatric or dental treatment from the Contract Agency before confinement in the County jail, the Contract Agency shall provide to the County all written verification of any authorization of or refusal to authorize care or treatment for such prisoner. (e) Return for Medical Services. Nothing herein shall preclude the Contract Agency from retaking custody of an ill or injured prisoner by picking the prisoner up for transfer at the County jail; provided, in situations the County deems that a prisoner requires emergency medical care, the County shall have the right to arrange for emergency medical services (at the Contract Agency's expense) notwithstanding a request from the Contract Agency to retake custody of the prisoner. (f) Records. The County shall keep records of all medical, psychiatric or dental services it provides to a prisoner as required by law. The County agrees to share all information, including insurance information, regarding a Contract Agency inmate, as allowed by law. � (g) No Waiver of Right to Seek Reimbursement. The above paragraphs relating to medical costs are intended solely to define the obligations between the parties to this agreement. Nothing contained within the provisions of this agreement shall be construed to waive the rights of either party to seek reimbursement for costs from the department of social and health services, or from the prisoner, or any other responsible third- party. Page 4 of 11 8. TRANSPORTATION OF CONTRACT PRISONERS: (a) Contract Agency shall provide or arrange for transportation of its prisoners to and from the Kitsap County Jail except when the transportation is determined by County staff to be necessary to secure emergency medical evaluation or treatment, or when transportation is required to support the orderly operation of the Jail. (b) Transport with Costs. The Contract Agency shall be responsible for transportation of all its prisoners to the jail facilities for initial booking. When the Contract Agency has its own Municipal Court, then the Contract Agency shall be responsible for transportation of all its prisoners from the jail facilities for all appearances in the Municipal Court. For any additional transports by the County required by court order or made at the Contract Agency's request, the Contract Agency shall reimburse the County for transportation performed by the County at the Standard Mileage Rates as set by the Internal Revenue Service and $40.00 per hour for the cost of personnel. (c) Contract A ecLncv Transport. The Contract Agency shall provide reasonable notice to the County prior to transporting a prisoner from the County Jail. Except as limited by Section 8(a), the Contract Agency shall be responsible for retaking custody of a prisoner at the County jail and for transporting the prisoner. 9. TRANSFER OF CUSTODY: (a) Commencement of Custodv bv County. Custody of a Contract Agency's prisoner to the County shall be deemed transferred when officers from the Kitsap County Sheriffs Office take physical control of the prisoner. The County will not take such control of a prisoner until the Contract Agency has delivered copies of all records in its possession pertaining to the prisoner's incarceration by the Contract Agency or its agent, including a copy or summary of the prisoner's medical records if held by the Contracting Agency or its agent. If the County requests additional information regarding a particular prisoner, then the parties shall mutually cooperate to obtain such information. Absent compliance with existing policies, the County shall not be required to take custody of or assume control of or responsibility for any property of the prisoner. The Contract Agency's officers, when transporting a prisoner to the jail shall be responsible for ensuring that all paperwork is in order and that all property allowed to be transported with the prisoner is properly packaged. The County will not take physical control and assume custody of a prisoner to be confined unless all paperwork and property of the prisoner are in order. Upon presentation of an individual for confinement, or as soon thereafter as is practicable, the Contract Agency shall advise the staff of the Kitsap County Jail of the duration or other terms of confinement of a given individual. The Contract Agency shall provide a copy of any Warrant of Arrest or Order of Commitment. The Contract Agency shall be solely responsible for determining that the individuals presented for detention are detainable and shall certify by the act of presenting an adult person for detention, that said person is legally detainable and County shall bear no responsibility to insure that said individuals are legally detainable. The Contract Agency shall hold the County harmless as set forth in Section 18 for any claim or action resulting from the detention of an individual wrongly presented by the Contract Agency for detention. When custody of a Contract Agency prisoner is transferred to the County, the Contract Agency prisoner shall be subject to all applicable rules, regulation and standards governing operation of the County jail, including any emergency security rules imposed by the jail administrator or Sheriff. Any Contract Agency police officer delivering a prisoner to the County jail shall comply with reasonable rules and regulations of the County jail. (b) Further Transfer of Custodv. Except as otherwise allowed by Section 11 of this Agreement, the County will not transfer custody of any prisoner confined pursuant to this Agreement to any agency other than to the Contract Agency without the written authorization from a court of competent jurisdiction. (c) Responsibilities upon Assumption of Custody. Upon transfer of custody to the County, it shall be the County's responsibility to confine the prisoner; to supervise, discipline and control said prisoner; and to administer the prisoner's sentence pursuant to the order of the committing court in the State of Washington. Page 5 of 11 During such confinement, the County shall provide and furnish or arrange for all necessary medical and hospital services and supplies in accordance with Section 7 of this Agreement. (d) Resumqtion of Custody by Contractina Aqency. The Contract Agency shall be deemed to have resumed custody of a prisoner upon either the County's presentation of such prisoner to the Contracting Agency, or upon the Contract Agency's officers taking physical control of the prisoner. 10. RIGHT TO REFUSE/RETURN PRISONER: (a) Pendina Medical Needs. The County shall have the right to refuse to accept any Contract Agency prisoner who appears in need of inedical, psychiatric or dental attention, until the Contract Agency has provided medical, psychiatric or dental treatment to the prisoner to the satisfaction of the County. 11. REMOVAL FROM JAIL - OTHER GROUNDS: The Contract Agency's prisoners may be removed from the County jail for the following reason(s): (a) ReQUest by Contract Aqency. Upon written request by a supervisory member of the Contract Agency for transfer of custody back to the Contract Agency. (b) Court Order. By order of a court having jurisdiction over a Contract Agency's prisoner. In such case, transport, if any, will be pursuant to Section 8 above. (c) Treatment Outside of Jail. For medical, psychiatric or dental treatment or care not available within the County jail. (d) Catastrophe. In the event of any catastrophic condition presenting, in the sole discretion of the County, an eminent danger to the safety of the prisoner(s) or personnel of the County. In such case, the County will inform the Contract Agency, at the earliest practicable time, of the whereabouts of the prisoner(s) so removed and shall exercise all reasonable care for the safekeeping and custody of such prisoner(s). 12. TRANSFER OF PRISONERS UPON TERMINATION/EXPIRATION OF AGREEMENT: (a) Termination by Countv. In the event of a notice of termination from the County in accordance with Section 22 below, it shall be the County's obligation to transport the Contract Agency's prisoners to the Contract Agency, at no expense to the Contract Agency. (b) Termination bv Contract Aqency. In the event of a notice of termination from the Contract Agency in accordance with Section 22 below, it shall be the Contract Agency's obligation to transport the Contract Agency's prisoners at its own expense, on or before the effective date of such termination. 13. PRISONER RIGHTS, ACCOUNTS AND PROGRAMS: (a) Early Release Credit and Discipline. The Contract Agency agrees that its policies if any, for early release credits shall allow no more credit for its prisoners than is allowed by the County under its policies. The Contract Agency's prisoners confined under this Agreement shall earn early release credits under the policies and rules prescribed by the County and state law for all prisoners at the County jail. With respect to the Contract Agencys prisoners, the County shall maintain and manage disciplinary issues and will administer sanctions, including removal of earned early release credit, pursuant to facility rules. No discipline prohibited by federal or state law will be permitted. The disciplinary policies and rules of the County jail will apply equally to prisoners confined pursuant to this Agreement as applied to other prisoners confined to the Jail. (b) Prisoner Accounts. The County shall establish and maintain an account for each prisoner received from the Contract Agency and shall credit to such account all money received from a prisoner or from the Contract Agency on behalf of a prisoner. The County shall make disbursements from such accounts by debiting such accounts in accurate amounts for items purchased by the prisoner for personal needs. Page 6 of 11 (c) Proqrams. The County shall provide the Contract Agency's prisoners with access to all educational, recreational and social service programs offered at the County jail under the terms and conditions applicable to all other prisoners at the jail. (d) Serve Time Outside of Facilitv. The Contract Agency's prisoners, if deemed eligible, will be allowed to leave fhe jail for participation in correctional work crews, or any other program in which other prisoners sometimes are allowed to leave the physical confines of the jail as part of serving their sentence. 14. ACCESS TO FACII.lTY AND PRISONFRS: (a) Access to Facilitv. Contract Agency shall have the right to inspect, at mutually agreeable times, the County jail in order to confirm such jail maintains standards acceptable to the Contract Agency and that its prisoners are treated appropriately. The County agrees to manage, maintain and operate its faciiities consistent with all applicable federal, state and local laws. (b) Access to Prisoners. Contract Agency personnel shall have the right to interview prisoners from the Contract Agency at any reasonable time within the jail. Contract Agency officers shall be afforded equal priority for use of jail interview rooms. 15. ESCAPES AND DEATHS: (a) Esca es. In the event of an escape by a Contract Agency's prisoner from the County jail, in addition to normal law enforcement procedures, the Contract Agency will be notified in writing as soon as practical. The County will have the primary authority to direct the investigation and to pursue the prisoner within its jurisdiction. Any costs related to the investigation and pursuit within its jurisdiction will be the responsibility of the County. The County will not be required to pursue and return the Contract Agency's escaped prisoner from outside of the County. (b) Deaths. (1) In the event of a death of a Contract Agency prisoner in the County jail, the Contract Agency shall be immediately notified. Kitsap County Sheriff's Office will investigate the circumstances. The Contract Agency may join in the investigation and receive copies of all records and documents from the investigation. (2) The County shall, subject to the authority of the Kitsap County Coroner, follow the written instructions of the Contract Agency regarding the disposition of the body. Such written instructions shall be provided within three working days of receipt by the Contract Agency of notice of such death. With written consent from the Contract Agency, the County may arrange burial and all matters related or incidental thereto, and the Contract Agency shall be responsible for all such expenses. This paragraph defines the obligations between the parties to this Agreement and shall not affect the liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. 16. POSTING OF BAIL: The County shall serve as agent for the Contract Agency in receipt of any bail bonds or any monies posted for or by a Contract Agency's prisoner with the County, and any such bonds or monies will be promptly forwarded to the proper agency. Page 7 of 11 I 17. RECORD KEEPING: The County agrees to maintain a system of record keeping relative to the booking and confinement of each of the Contract Agency's prisoners consistent with the record keeping by the County for all other prisoners. The County shall make copies of said records available without cost to the Contract Agency upon its request. In the event there is a dispute regarding any issues relating to this agreement, the parties contract representatives or their designees shall first attempt to resolve the dispute. If after 30 days, the issue has not been able to be resolved, the party who believes is has the grievance shall notify the other party in writing of the issue. The contract representatives shall then hold a meeting to attempt to resolve the issue. 18. INDEMNIFICATION, HOLD HARMLESS AND INSURANCE: (a) The Contract Agency agrees to defend, indemnify and hold harmless the County, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense, including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from or alleged to have arisen from: (1) the Contract Agency's performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the Contract Agency, its appointed and elected officials, employees and agents; (2) any actions, claims or lawsuits for damages alleging wrongful detention of a Contract Agency prisoner as a result of the Contract Agency's actions; (3) any actions, claims or lawsuits for damages alleging the Contract Agency's failure or refusal to timely release a Contract Agency prisoner as a result of the Contract Agency's actions. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the County, its officers, agents, or employees, the Contract Agency's indemnification obligation hereunder shall be limited to the Contact Agency's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (b) The County agrees to defend, indemnify and hold harmless the Contract Agency, its appointed and elected officials, employees and agents from and against all liability, loss, cost, damage and expense including costs and attorneys fees in defense thereof because of actions, claims or lawsuits alleging damages sustained by any person or property including death at any time resulting thereof, arising from, or alleged to have arisen from: (1) the County's performance under this Agreement or as a consequence of any wrongful or negligent acts or omission of the County, its appointed and elected officials, employees and agents; (2) Wrongful detention of a Contract Agency prisoner as a result of the County's actions; (3) County's failure or refusal to timely release a Contract Agency prisoner. To the extent the claim, damages, losses and expenses are caused by intentional acts of or by the concurrent negligence of the Contract Agency, its officers, agents, or employees, the County's Page 8 of 11 indemnification obligation hereunder shall be limited to the County's proportionate share of liability as agreed to by the parties to this Agreement or determined by a court of competent jurisdiction. (c) Insurance ReQUirement. The County and the Contract Agency shall maintain and provide evidence of liability coverage. The terms of Section 19, INDEMNIFICATION, HOLD HARMLESS AND INSURANCE shall survive the termination or expiration of this Agreement. 19. NON-DISCRIMINATION POLICY: The County and the Contract Agency agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental, or sensory handicap. 20. ADMINISTRATION/DISPOSAL OF PROPERTY: This Agreement is executed in accordance with the authority of Chapter 39.34 RCW, the Interlocal Cooperation Act. Pursuant to the provisions of RCW 39.34.030, the Kitsap County Sheriff shall be responsible for administering the confinement of prisoners hereunder. No real or personal property will be jointly acquired by the parties under this Agreement. All property owned by each of the parties shall remain its sole property to hold and dispose of in its sole discretion. 21. WAIVER OF RIGHTS: No waiver of any right under this Agreement shall be effective unless made in writing by an authorized representative of the party to be bound thereby. Failure to insist upon full perFormance on any occasion shall not constitute consent to or waiver of any continuation of nonperformance or any later nonperformance; nor does payment of a billing or continued perFormance, after notice of a deficiency in performance, constitutes acquiescence thereto. 22. TERMINATION: This Agreement may be terminated prior to expiration by written notice from either party delivered by regular mail to the contact person at address set forth herein. Termination by said notice shall become effective one hundred twenty (120) days after receipt of such notice. The notice shall set forth the reason the party wishes to terminate the Agreement and the specific plan for accommodating the affected prisoners, if any. 23. WAIVER OF ARBITRATION RIGHTS: Both parties acknowledge and agree that they are familiar with the provisions of RCW 39.34.180(3), as now in effect, and that of their own free will they hereby expressly waive any and all rights under RCW 39.34.180(3), as now in effect or as hereinafter amended, to arbitrate the level of compensation for incarceration services charged under this Agreement, or any renewal thereof, that either party may posses. The parties further agree that such level of compensation and all other issues related to the purpose of this Agreement will only be as agreed to herein or as otherwise agreed to in a writing executed by the parties. 24. DURATION: This term of this Agreement shall be from January 1, 2010 through December 31, 2012 unless another date is substituted pursuant to Section 26 or the agreement is terminated earlier pursuant to Section 22. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County. 25. MODIFICATION: This Agreement may only be modified by written instrument signed by both Parties. Page 9 of 11 26. GOVERNING LAWNENUE: The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to this Agreement and to a prisoner's confinement under this Agreement. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and in the event of dispute; the venue for any action brought hereunder shall be in Kitsap County Superior Court. 28. MISCELLANEOUS: In providing these services to the Contract Agency, the County is an independent contractor and neither its officers, agents, nor employees are employees of the Contract Agency for any purpose including responsibility for any federal or state tax, industrial insurance or Social Security liability. No provision of services under this Agreement shall give rise to any claim of career service or civil service right, which may accrue to an employee of the Contract Agency under any applicable law, rule, or regulation. 29. SEVERABILITY: If any provision of this contract shall be held invalid, the remainder of this contract shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of both parties. DATED this day of , 2010. DATED this day of , 2010. CITY OF BREMERTON KITSAP COUNTY SHERIFF'S OFFICE Patty Lent Ned Newlin Mayor Chief of Corrections BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON JOSH BROWN, Chair STEVE BAUER, Commissioner CHARLOTTE GARRIDO, Commissioner Page 10 of 11 ATTEST: Opal Robertson, Clerk of the Board Page 11 of 11 DATE SUBMITTED: March 17, 2010 � AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Professional Services Committee Meeting Date: Mazch 24, 2010 Agreement with Lusignan Forestry, Inc. for COUNCIL MEETING Date: April 7, 2010 Timber Harvest Management & Marketing Department: Public Works & Util. Services Presenter: Bill McKinney Phone: 473-5354 SUMMARY: Requests for Statements of Qualifications (SOQs) were sent to twelve forestry consulting firms for timber marketing services in mid-February. Four SOQs were received by the due date of March 5, 2010. Interviews with the four respondents were conducted on March 1 l, 2010 by City staff. For harvest units selected by the Forestry Manager, the scope of deliverable services includes the primary task of obtaining the highest practical log prices from domestic log markets and arranging for harvesting and hauling operations. From the submitted SOQs and interview, City staff has determined that Lusignan Forestry, Inc. of Shelton, WA has the necessary experience and expertise to provide services as detailed in the Professional Services Agreement Exhibit "A" Scope of Services. For these services, the consultant will receive 5% of the gross log price as detailed in the Exhibit "B" Fee Schedule. ' ATTACHMENTS: 1.) Council Summary; 2.) Professional Services Agreement. FISCAL IMPACTS: Consultant compensation will be paid from future timber proceeds at the rate contained in Exhibit B Fee Schedule. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: �� COMMITTEE CHAIR: � ��� O��''�`� COUNCIL PRESIDENT: CONSENT AGENDA �, GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Lusignan Forestry, Inc. and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY Professional Services Agreement for Timber Harvest Management and Marketing Services Proaram and Aareement Summarv The City's Water Utility manages its forest resource and harvest program to generate revenue from timber harvest in support of water operations and capital projects. Annual revenues have ranged from $450,000 to over $2 million depending on market conditions and Water Utility needs. The thirty year average has been approximately $750,000 per year. Sustainable harvest volumes are calculated to be approximately 2.5 million board foot/year, with volumes averaged over 10 year increments. The Water Utility has sold timber through competitive bids on timber sales, and also through service contracts for marketing. Comparisons between State of Washington Department of Natural Resources bid sales and Water Utility timber sold under marketing agreements is periodically analyzed. The timber marketing approach has compared favorably with bid timber sales, especially for the smaller volumes the Water Utility normally harvests and also during rapidly changing market conditions. The timber marketing approach provides flexibility in harvest size, species, grade and logging methods, as well as a rapid response to market opportunities. The following scope of services are included in the agreement: 1. In consultation with the Forestry Manager, determine appropriate logging system to economically harvest timber on selected units. 2. Assist in completing Forest Practices Applications (FPAs). 3. Obtain the hicahest practical loq prices from the best possible domestic loa markets 4. Hire, coordinate, supervise and pay from timber proceeds, subcontractors in road construction and betterment, harvesting, and hauling operations on specified road segments and harvest units. 6. Provide log accountability records and timber payment disbursements including periodic and final accounting statements. 7. If requested by the Forestry Manager, Consultant shall provide a summary of previous year's harvest in a format acceptable to complete annual Harvest Report required by the Dept. of Natural Resources. Qualifications from four forestry consulting firms were reviewed and interviews conducted by City staff to determine the following: • Company location; years in business; size of staff; background in pertinent service areas • Project manager and team that would be assigned to this project and resumes • Abilities in timber marketing and negotiating prices and a brief description of a similar recent project • Ability to provide accounting as specified • Ability to provide references Timber Marketing PSA Council Summary March 2010 In interviews conducted by City staff on 3/11/10 of the four SOQ respondents, Lusiqnan Forestrv. Inc. of Shelton. WA was determined to be responsive to the requirements solicited; have the experience and expertise in timber marketing to successfully provide marketing services for Water Utility timber harvests; and provide the services at a reasonable compensation. Fiscal Summarv The consultant's compensation�for described services shall be taken from timber proceeds according to the following schedule: 1. Consultant shall receive five percent (5% of the delivered log price for timber harvested as part of this Agreement. No compensation will be paid to Consultant for pulp sort prices under $26.00/ton delivered price. It is understood that the Consultant shall obtain the hiahest practical loq qrices from the best possible domestic loq markets (all City timber is export restricted under WAC 240-15; all pertinent State and Federal regulations apply). Based on timber revenue goals for 2010 of $450,000 and the estimated gross log value of $675,000, the consultant's estimated compensation from log proceeds for 2010 would be approximately $33,750. 2. The following shall be allowable deductions from log proceeds: • Consultant fee described in 1) above • Authorized logging and haul costs _ • Authorized road building and betterment expenses • Authorized reforestation expenses • Forest Excise taxes • Other authorized harvest operation costs 3. Consultant shall provide the City with periodic summaries in a format approved by the Forestry Manager, showing market, species, grade, volume delivered, price/unit, total mill payments, disbursements to City, consultant, subcontractors, as well as other expenses described above or required by the Forestry Manager Timber Marketing PSA Council Summary March 2010 PROFESSIONAL SERVICES AGREEMENT Timber Harvest Management and Marketing Services The City of Bremerton ("City") and Lusignan Forestry, Inc., ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: This Agreement commences on the date of execution and terminates on Ma�l 2012, unless terminated earlier per Section IX. City and the Consultant agree that work will begin on the tasks described in Exhibit A upon execution of this Agreement and completed on a mutually agreeable schedule. Extensions may be negotiated, per the terms and conditions of this agreement, upon mutual agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the Consultant shall be compensated according to the terms and conditions provided for in the fee schedule attached as Exhibit B and incorporated herein by reference. Consultant shall not perform work beyond the Scope of Services, nor shall be compensated for such services, unless the Scope of Services or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. If a billing statement for out of scope services does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. Bremerton/ March 16, 2010 Timber Harvest Management & Marketing Services Page 1 of 9 As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT� THE 1NDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL 1NSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and Bremerton/ March 16, 2010 Timber Harvest Management & Marketing Services Page 2 of 9 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liabilitv insurance with limits not less than $1,000,000 limit per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an"occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured sha11 be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with a11 endorsements as evidence of coverage. VII. General Conditions: A• Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant sha11 maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be Bremerton/ March 16, 2010 Timber Harvest Management & Marketing Services Page 3 of 9 safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Shelton, Washin on. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, axe instruments of service � with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Shelton, Washin on, or on designated City property. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. ' �E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. F. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or lst class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Bremerton/ March 16, 2010 Timber Harvest Management & Marketing Services Page 4 of 9 Citv Address: Consultant Address: Forestry Manager Jim Frost Bremerton Public Works & Utilities Lusignan Forestry, Inc. 100 Oyster Bay Ave. N 109 South 2" Street/PO Box 1007 Bremerton, WA 98312 Shelton, WA 98584 I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any ,� of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attornevs' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the ' public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the Bremerton/ March 16, 2010 ; Timber Harvest Management & Marketing Services ' Page 5 of 9 completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Consultant's receipt of the written notice by certified mail. A. Excusable Delavs: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Ri ng ts Unon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform sha11 be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT Bremerton Public Works & Utilities Lusignan Forestry, Inc. - By: By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:U.EGAL\Contracu�FORMS�Professional Services Agreement Form (2003).doc Bremerton/ March 16, 2010 Timber Harvest Management & Marketing Services . Page 6 of 9 EXHIBIT A Scope of Services Timber Harvest Management and Marketing Services Deliverables: For harvest units within Water Utility forest lands selected by the Forestry Manager, Consultant shall provide the following: 1. In consultation with the Forestry Manager, determine appropriate logging system to economically harvest timber on selected units. Said method shall take into account water quality as well as other environmental concerns. Harvest type (even-age, uneven-age, and/or combination) shall be determined by the Forestry Manager. Residual spacing, leave tree, and harvest tree selection to be prescribed by the Forestry Manager in consultation with the Consultant. 2. Assist in completing Forest Practices Applications (FPAs) in a form acceptable to the Washington Department of Natural Resources, by a date mutually agreeable to the City and Consultant. 3. Assist in completing any other requirement for harvest required by a regulatory agency having jurisdiction. 4. Obtain the hi¢hest nractical lo� nrices from the best possible domestic loe markets (all City ttmber is export restricted under WAC 240-15; all pertinent State and Federal regulations apply). 5. Hire, coordinate, supervise and pay subcontractors in road construction and betterment, harvesting, and hauling operations on specified road segments and harvest units, per above items and in conformance with current or revised forest practice regulations. The following are required regarding timber harvesting operations: • Ensure all subcontractors have Loggers Broad Form insurance coverage which names the City as an additional insured and provide a certificate of insurance to the City • Comply with all FPA and other regulatory requirements • Achieve spacing requirements and leave tree selection as directed by the Forestry Manager • Avoid damage to water bodies and soils; minimize damage to all leave trees • Harvest areas requiring reforestation shall be left in a condition conducive to reforestation • Slash shall either be machine piled and fire breaks constructed and/or evenly scattered throughout the harvest unit, as directed by the Forestry Manager • Required access roads shall be constructed to the standard prescribed by forest practice rules and approved by the Forestry Manager Bremerton/Lusignan Forestry, Inc. March 26, 2010 Timber Harvest Management & Marketing Services Page 1 of 3 EXHIBIT A Scope of Services Timber Harvest Management and Marketing Services (continued) • Roads, yarding corridors and skid trails shall be left in a condition to prevent erosion as prescribed by the Forestry Manager 6. Provide log accountability records and timber payment disbursements including periodic and final accounting statements (more fully specified in Schedule B). 7. In addition, if requested by the Forestry Manager, Consultant shall provide a summary of previous year's harvest in a format acceptable to complete annual Harvest Report required by the Dept. of Natural Resources. Summary, if required shall be available on, or about February 1 St of the proceeding year following harvest. Bremerton/Lusignan Forestry, Inc. March 26, 2010 Timber Harvest Management & Marketing Services Page 2 of 3 1 EXHIBIT B Fee Schedule for Timber Harvest Management and Marketing Services NOTE: The City of Bremerton does not warrant or guarantee any specific level of harvest or income with this agreement. Harvest levels, if any are entirely the decision of the City of Bremerton. The City of Bremerton also reserves the right to use alternate means of marketing timber, independent of this agreement. Timber Harvesting and Marketing: 1. Consultant shall receive five percent (5%� of the delivered log price for timber harvested as part of this Agreement. No compensation will be paid to Consultant for pulp sort prices under 26.00/ton delivered price. It is understood that the Consultant shall obtain the hi�hest practical lo�prices from the best Qossible domestic lo�, markets (all City timber is export restricted under WAC 240-15; all pertinent State and Federal regulations $PPIY)� 2. Net proceeds from timber harvested shall be paid promptly to the City. The following shall be allowable deduetions from log proceeds: • Consultant fee described in 1) above • Authorized logging and haul costs • Authorized road building and betterment expenses • Authorized reforestation expenses • Forest Excise taxes • Other authorized harvest operation costs 3. Consultant shall provide the City with periodic summaries in a format approved by the Forestry Manager, showing market, species, grade, volume delivered, price/unit, total mill payments, disbursements to City, consultant, subcontractors, as well as other expenses described above or required by the Forestry Manager Out of Scope Services: Any out-of-scope services approved by the Forestry Manager shall be paid for on a time and materials basis according to the following schedule: Miscellaneous Forestry Services (Principle) $85.00 /hour " " " (Technician) $70.00/hour Mileage Standard Rate/mile Consultant shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this A�reement. The City, upon receipt of the completed statement, ! shall promptly process claim for payment. i � Bremerton/Lusignan Forestry, Inc. March 26, 2010 ' Timber Harvest Management & Marketing Services � Page 3 of 3 � � I i DATE SUBMITTED: March 3, 2010 �� AGENDA BILL CITY OF BREMERTON CTTY COUNCIL ........................................................................................ SUBJECT: Contract Modification Number Committee Meeting Date: March 24, 2010 1 to the Professional Services Agreement COLJNCIL MEETING Date: Apri17, 2010 with HDR Engineering Inc. for UV Depariment: PW&U Engineering Treatment Facility. Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City's W Treatment Facility project is currently under construction and HDR Engineering Inc. will provide necessary construction support services as outlined in this Contract Modification No. 1. These services were not outtined in the original Professional Services Agreement as it was unclear at the time what level of effort would be required. The scope and budget for this work is attached to the Contract Modification as Exhibit A This modification increases the budget by $343,616.00 for a total contract amount of $1,193,805.00. ATTACHMENTS: 1. Council Swnmary; 2. Contract Modification Agreement No. 1 FISCAL IMPACTS (Include Budgeted Amount): The revised amount of the Pmfessional Services Agreement is not to exceed $1,193,805.00. APPROVALS: � � DEPARTMENT DIRECTOR: ► CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: �� COMMITTEE CHAIR � 9 G��-- � COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Pmfessional Services Agreement Contract Modification Number 1 with HDR Engineering Inc for the W Treatrnent Facility and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY CONTRACT MODIFICATION No.1 FOR UV TREATMENT FACILITY PSA w/ HDR ENGINEERING INC. Contract SummaN The City is moving forward with the construction phase of the Ultraviolet (UV) Treatment Facility project. The project was designed on a"fast track" schedule and the original Professional Services Agreement (PSA) with HDR Engineering Inc. (HDR) did not include scope for construction support services. The scope of services is outlined in the attached PSA and includes submittal review, RFI review, change order support services, record drawing preparation, interim inspections, equipment startup assistance, and preparation of the final Operation and Maintenance Manual. The budget for the original design services was $775,189.00 with an additional services allowance of $75,000 for a total contract amount of $850,189.00. All of these funds have been expended and HDR has incurred additional costs for their design services. Staff has evaluated the additional costs incurred by HDR and agrees that additional scope was required to complete the design. Staff recommends additional compensation in the amount of $81,453.00. The total cost of the Construction Support Services is $262,163 with the additional compensation of $81,453.00 for a total Contract Modification amount of �343,616.00. Fiscal Summarv The total project cost, based on award of Preference 1, is currently estimated at $6,315,000. The City has been offered, and has accepted, $6,060,000 in forgivable principal Drinking Water State Revolving Fund (DWSRF) loan funds for the work. The remaining funding of $300,000 will come from rate funds. $1,240,000 of rate funds was budgeted for this project in the 2010 budget. April7, 2010 Council Summary HDR Contract Modification 1 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND HDR Engineering Inc. PROJECT: UV Treatment Facility Design and Construction Services CONSULTANT: HDR Engineering Inc. DATE: March 17�', 2010 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT FOR UV TREATMENT FACILITY DESIGN AND CONSTRUCTION SERVICES (the "Contract") entered into between the City of Bremerton (City) and HDR Engineering Inc. (Consultant) on June 2" 2009. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: See Amended Scope of Work attached as Exhibit A. Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by June 30`�, 2011. Section III. Com_pensation , is modified as follows: The original contra.ct amount was Eight Hundred and Fifty Thousand, One Hundred and Eighty Nine Dollars ($850,189). The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Three Hundred Fortv Three Thousand Six Hundred Sixteen Dollars ($ 343,616.00) for a total amended contract amount of One Million One Hundred Ninetv-three Thousand Eight Hundred Five Dollars ($1,193,805.00), including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that tl�is Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by tlus Contract Modification, claims related to on-site or home office overhead, or lost profits. Tlus Contract Modification does not limit the City's right to bring a claim for past performance. All of the Work under tlus Contract as funded by monies provided by the Drinking Water State Revolving Fund American Recovery and Reinvestment Act of 2009 (DWSRF ARRA). CONTRACT MODIFICATION 1 1 Project Number: 4373 By executing this Contract Modification the Consultant is agreeing to comply with all applicable requirements stated as conditions of funding and reporting under the DWSRF ARRA. The Consultant is responsible for understanding and complying with these requirements, to the extent that such requirements are applicable to engineering services. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of tlus change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process Initials and Date CONSULTANT. THE CITY OF BREMERTON By By Patty Lent Its Its Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Ned Lever Project Manager City of Bremerton Engineering Department 3027 Olympus Drive Bremerton, WA 98310 Phone (360) 473-2398 /Fax (360) 473-5398 CONTRACT MODIFICATION 1 2 Project Number: 4373 Exhibit A- Scope of Services Date: Februarv 24, 2010 Construction Support Services for the Bremerton UV Treatment Facility The scope of services described in this contract amendment is for construction services to be provided by HDR Engineering, Inc. ("CONSULTANT') for the UV Treatment Facility project for the City of Bremerton, Washington ("CITY") as described herein. Services will not proceed without written authorization from the CITY to the CONSULTANT. Additional or optional tasks not specifically addressed in the following Scope of Services will not proceed without prior written authorization from the CITY. The bid documents for the UV Treatment Facility (UVTF) include two separate contracts. The contracts and their respective descriptions of work are as follows: Descriqtion of Wo�lc — SITE PREPARATION CONTRACT: The Work to be completed under this contract generally consists of site work including the clearing and rough grading of the proposed UV Treatment Facility site, installation of inlet (raw water) and outlet (treated water) piping, a flow diversion facility and outFall with energy dissipation to Twin Lakes. The construction contract will also provide essentially "pad ready" site grading, yard piping and electrical / communication / control -utilities. A septic system for sanitary waste, stormwater grading and detention facilities will also be inctuded as identified in the Contract Documents. Description of Work — UV TREATMENT FACILITY CONTRACT: The Work to be completed under this Contract generally consists of the construction required to provide a fully operational disinfection treatment facility including the following systems and features; the ultraviolet (UV) and liquid sodium hypochlorite disinfection system, the disinfection treatment and support systems building, the electrical power and control systems, and the heating, ventilation, and plumbing systems. The UV disinfection equipment is Owner Furnished. The Work also consists of the treatment facility site work including the final grading, drainage, and landscaping, access road and parking area, and chemical unloading area. In addition to the final site work, the treatment facility yard piping, yard electrical power, and control systems, and the treatment facility and site security features will also be included as identified in the Contract Documents. Services on Tasks 11 and 12 will be authorized with the execution of this Agreement. A fee estimate summary for payment to the CONSULTANT for each scope task is provided as Exhibit B to this Agreement. Task 11 Construction Services With the formal Notice to Proceed received by the successful low bidder from the CITY, the CONSULTANT will provide services during construction for the Bremerton UV Treatment Facility project, to assist the CITY in providing the construction administration for the project. In general, services will include office activities and periodic field visits. Occasional onsite engineering staff may be provided based on direction from the City. The scope of services for the Services During Construction is more specifically described below. SCOPE OF SERVICES FOR THE BREMERTON W TREATMENT FACILITY - FEBRUARY 24, 2010 Task 11.01- Preconstruction Activities The following work task describes the activities associated with the preconstruction conference for the Bremerton UV Treatment Facility, to be scheduled and conducted by the CITY. Consultant Services 1. Attend a preconstruction conference to discuss construction management procedures as defined and documented by the CITY. Assumptions 1. One eight hour meeting attended by Ron Brown. 2. Extemal meeting will be conducted in the CITY's office. Deliverables 1. None. Task 11.02 - Office Support Activities The following work tasks describe HDR o�ce support activities during the construction of the Bremerton UV Treatment Facility. Consultant Services 1. Subtask 11.02.1: Provide minor administrative support to CITY for input to the construction document control system, provided and maintained by the CITY, to facilitate the monitoring of submittals and coRespondence generated during the life of a project. , . 2. Subtask 11.02.2: Attend the biweekly progress meetings, either in person or via conference call as directed by the CITY up to the limit of the assumed budget, and review the meeting notes. Items to be discussed during the meetings will be as determined by the CITY. 3. Subtask 11.02.3: Respond to RFIs with written clarifications and interpretations of the contract document requirements. Complete clarifications within five business days of the request. Review and process shop drawings and submittals for general conformance with the requirements of the Contract Documents. 4. Subtask 11.02.4: Assist the CITY during the CITY's preparation of change order requests. Review cost proposals prepared by the contractor for the contemplated work or claim. Make recommendations to the CITY regarding proposed change orders. 5. Subtask 11.02.5: Prepare an operations and maintenance (O&M) manual for the new UV Treatment Facility, with text and graphics files to describe and illustrate the multi- barrier disinfection systems. Prepare four process schematics in AutoCAD: UV System Process, Sodium Hypochlorite Process, Carrier Water Process, and the Sampling/Analysis Process. The four process schematics will be prepared from the associated P&IDs by deleting the dashed lines for PLC inputs and output conductors and leaving the equipment, equipment tags, instruments and process piping displayed. 2 SCOPE OF SERVICES FOR THE BREMERTON W TREATMENT fACIUTY - FEBRUARY 24, 2010 Obtain photographs of the facility components from the CITY after substantiai completion and include them in the O&M manual facility overview section. Include facility record drawings as an Appendix to the O&M Manual. Submit electronic version in PDF file format of the draft O&M manual for review by the CITY approximately one month prior to facility startup. Revise the Draft manual and issued final PDF file format within finro weeks of receipt of CITY comments. 6. Subtask 11.02.6 Provide limited assistance to the UV equipment vendor up to the limit of the assumed budget, regarding the required operational strategy for the UV operation programming. Prepare process narratives and operational guideline. Assumptions 1. Construction activities will be conducted from January 2010 through March 2011 or for a period of 15 months resulting in 30 bi-weekly meetings. Meetings will be attended as requested by the CITY up to the budget allocated. 2. Level of effort for construction document management assistance has been estimated and budgeted at 64 hours of administrative time. 3. Level of effort for attending the bi-weekly construction progress meetings has been estimated and budged at 72 hours of professional time. 4. Level of effort for construction clarification, interpretation, and shop drawing review activities has been estimated and budgeted at 646 hours of professional time. 5. Level of effort for change order processing activities has been estimated and budgeted at 80 hou�s of professional time. 6. Level of effort for preparation of the O&M Manual has been estimated and budgeted at 248 hours of professional time. � 7. The following 14 photographs will be obtained from the CITY and will be included in the O&M manual facility overview section: a. Raw water valves, b. Raw water diversion system (Control valve, flow mete�, discharge pipe), c. UV system (Isolation valves, flow meters, UV reactors, flow control valves), d. Sodium hypochlorite system (Unloading facility, storage tanks, transfer pump, metering pumps, and injection points), e. Carrier water system, f. Sampling/analysis system (sampling location and Instruments), g. Building HVAC (exhaust fan and heating system) 8. The preparation of detailed standard operating procedures (SOPs) is not included in this task. The CITY will prepare and provide the desired SOPs for inclusion into the O&M manual. The O&M manual will provide general operating guidelines. 9. The CITY will provide facility record drawings. 10. The CITY will provide PDF files of the equipment manuals, submitted by the equipment suppliers through the Contractor. The O&M manual will include equipment troubleshooting guides and maintenance requirements from the equipment manuals for inclusion in the facility O&M manual. 11. Level of effo�t for assistance provided to the UV equipment vendor has been estimated and budgeted at 40 hours of professional time. 3 I SCOPE OF SERVICES FOR THE BREMERTON W TREATMENT FACILITY - fEBRUARY 24, 2010 Deliverables 1. Reviewed shop drawing, per contract documents. 2. Responses to RFis, as assumed within the levei of effort. 3. Change order support material, as assumed within the level of effort. 4. Two final hard copies of the Operations and Maintenance Manual for the UVTF in 3- ring binders with a cover, spine and tabbed dividers for each section. 5. An electronic copy on CD-ROM containing the O&M manual in PDF file format, the text in Microsoft Word format, and the process schematics in AutoCAD format. Task 11.03 - Field Support Activities The following subtasks describe the field support activities to be conducted during the construction of the Bremerton UV Treatment Facility. Consultant Services 1. Subtask 11.03.1: If requested, participate with CITY staff to conduct an interim inspection prior to substantial completion of the facility. Review the CITY prepared draft punch list of the inspection findings and recommendations for appropriate actions to be required of the Contractor. During interim inspection, assist CITY staff with reviewing major equipment for proper operation, prior to the expiration of the correction period, as defined in the Contract Documents. 2. Subtask 11.03.2: Review and provide comment on the Contractor's recommended start-up procedure for all installed equipment. Witness start-up of equipment for general compliance with spec�ed operational procedures. 3. Subtask 11.03.3: Develop a training program for the operation and maintenance of the UV facilities. The maintenance program will include general training on repairs and assembly and disassembly of equipment. Available vendor's training, vendor's videotapes, and other packaged videotapes will supplement this training. 4. Subtask 11.03.4: Review the Contractor's set of record drawings showing changes made during construction and revise the original contract drawings to reflect the documented changes. Prepare record drawings on the basis of information compiled and fumished by the CITY. Record drawings may not always represent the exact location, type of various components, or exact manner in which the project was finally constructed. Assumptions 1. Level of effort for interim inspection activities has been estimated and budgeted at 112 hours of professional time. 2. Level of effort for start-up and functional testing activities has been estimated and budgeted at 88 hours of professional time. 3. Level of effort for O&M training activities has been estimated and budgeted at 44 hours of professional time. 4. Level of effort for record drawing review and bid document update activities has been estimated and budgeted at 64 hours of professional time. 4 SCOPE OF SERVICES FOR THE BREMERTON W TREATMENT FACILITY - FEBRUARY 24, 2010 Deliverables + 1. One set of fuil size record construction drawings, and six sets of half-size prints of the record construction drawings. 2. AutoCAD files of drawings. Task 12 - Construction Services Project Management This project management task has subtasks for revising the Project Guide, and for project management administrative activities. Sa�btask 12.01— Work Plan This subtask is for the planning activities to organize the project team. Consultant Services 1. Revise and submit to the CITY the Original Project Guide for review. Final Project Guide will be prepared incorporating CITY review comments. 2. Document the roles of the project team (including CITY staf�, communications protocol, project schedule, and the general purpose and goals for the project. The Project Guide will serve as a reference guide for team members throughout the project. Assumptions 1. Minor revisions to original Project Guide to reflect current project team and their roles. 2. Level of effort for revising the Project Guide has been estimated and budgeted at 28 hours of professional time. Deliverables 1. Addenda to insert into the original Project Guide. Subtask 12.02 — Project Management, Status and Reporting This task is for the project management and administrative activities during construction. Consultant Services 1. Perform project monitoring and control functions such as coordination of project activities, monitoring project budget and schedule, preparation of miscellaneous project correspondence, project status reporting, and preparation of invoices. 2. Provide the CITY with project progress, budget and schedule status monthly with submission of each invoice. Status report will include percent complete and pe�cent spent by task. Assumptions 1. Project duration is anticipated to be 15 months. 2. A total of 15 status reports are anticipated. Deliverables . 1. Project status reports for each invoice submitted to the CITY 5 SCOPE OF SERVICES FOR THE BREMERTON W TREATMEM FACILIIY - FEBRUARY 24, 2010 Task 13 - Other Construction Assistance This task provides an allowance for activities that are yet undefined. The funds allocated under this task can only be accessed as authorized by the CITY in writing and on a task order basis. ` s UV Treatment Facility Bremerton, WA IiDR En ineerin Tota1 Totat Tagk Task Oescriptlon Proj Manager Sr. Engr Engr Jr. Engr Sr Tech Proj Co�trol ProJ Asst HOR H�R M0. R. Brown Gerreral Ganerel General L. BraMeri M. 8uhlmann A. emura Labor ediin Ra1e $160.tx! �16U.p4 $145.IX1 110.W E120.00 51 5.0� $95.9Q Totai Tatal Total 7otal Total Total Total Tolal Tolai hrs hrs Ms hB hrs hrs ' hrs hrs Cost 11.0 Services During Construction t101 Preconstn,ctianActiv�ues �2 �2 � 1.92� 11 02 O(fice Support Activibes t1.02.1 ConsUucUOn Documem Control 64 64 $ 8,080 11.02 2 Attend 8iweekly Connacror Progress Meeungs 24 48 72 $ 10,800 1102.3 Consh Clarificahon. Intwpreiahoq 8 Shop Drawing Rewew 40 73 413 120 646 S 91.1&4 11A2 A Change Orcier Design Support 8 4Q 32 8Q $ 10,92p t 1.Q2 5 PrePare 0&Pd Manuals 8 40 169 1G 24 2d8 $ 35,080 t?A2.6 Fragramm�ng Supportro W Vendnr 8 4 A tF 4 40 $ 5,220 11.03 fieid Suppon Activibes 11.03t Inleriminspsction i6 36 66 1�2 $ �f�930 t 1.03 2 Start•Up Aswistance 8 56 24 A8 $ 13,720 1 t.03 3 C�nducl 0&M Training f3 36 44 $ 7,04A 11(�3.4 Record Ora�Hmgs 8 16 40 �+1 $ �,94p - -- — Task 11 Tatal 132 - - - 247 759 _ - - _152 88 92_ ` _7�470 _ $ _ 106.714 12.0 SOC Project Management t201 W��k Pian and Kickoff fdeeUng 12 16 26 $ 3,44R 1202 Pro�ect Managert�enf, Stetus and Reparting �Aeet�ngs 60 120 60 2&0 S 31.OQ0 _. _.__v _-_._�_-� � Task 12 Total 72 120 __ 96 __ 288 _$_ 34,440 TOTALS 20d 2A7 769 152 88 t20 188 1.758 $ 2A1.1�1 chkrotal 1.758 $ 24t.154 Labor Costs S 32.640 3 39.504 $ 110,070 5 16,720 $ 10.560 5 13,800 5 17,8b0 PArcont of Total Hours 11 6:6 14 0% 43 2% 8 6%0 5 0°,b 6 fl% 1Q.7°� Anucipated �engln o� �:onstruuwn (mos ) 15 FN t&emertonvl�P_9utlget_02I610 nPNOR BilDng Hours Page 7 of 5 Pnnled 3•'18l?.0�0 9 3o AN UV Treatment Facility Bremerton, WA HDR Engineering ' Services During Construction Direct Expenses Reproduction Cost No. Each Cost Reports 0 $15 $ - Misc. copies 0 $0.04 � - Binding/Labar 0 $65 thour $ - MaillDe6venes(etc. 50 �15 � 750 Mileage 750 Mi. @ $0.50 IMile � 375 Auto Rental/Gasoline 2 days @ $65 /day � 130 Lodging 2 days @ $200 lday $ 400 Aerial Photographs 0 $20 $ - , Travel Total (a��#fai� ferry, etc) 30 $20 $ 600 Communication & Computer Charge 1,470 $3.70 Ihour $ 5,439 Laboratory $ - Parking 8 days @ $20 lday $ 150 Meals 8 days @ �35 Iday � 263 Subcontracts � - Sub #1 Sub #2 ODCs $ 8,107 Mark-up on Subs 5% $ - Subtotal $ 8,107 SDC Project Management Direct E�cpenses Reproductian Cost No, Each Cost Reports 0 $15 $ - Misc. capies 0 �0 $ - BindinglLabor 0 $&5 /hour � - MaillDeliveriesletc. 30 $15 � 450 Miieage 750 Mi. @ $0.50 /Miie $ 375 Auto Rental/Gasoline 0 days @ $65 /day $ - Lodging 0 days @ $20Q /day � - Aerial Photographs 0 �20 �a - Travet Total (ai�#are �rai�- ferry, etc) 30 $20 � 600 Cammunication 8 Computer Charge 288 �3.70 Ihour $ 1,066 Laboratory � - Parking 8 days @ $20 tday �a 150 Meals 8 days @ $35 lday �a 263 Subcontracts $ - Sub #1 $ - Sub #2 $ - ODCs $ 2,903 . Mark-up on Subs 5% $ - Subtotal $ 2,903 TOTAL EXPENSES $ 11,010 FN:16remertonWTP Budget_021610 NtHDR Expenses Page 2 of 5 Printed. 31 i812010 9:36 P,M SHOP DRAWING REVIEWS' SPEG DIVlSION Submittais Nours per Total Anticipated Submitial Hours DIVlSION OQ — BiDDING REQUIREMENTS 0 0 0.0 DIVISION 01—GENERAL REQUIREMENTS 8 4 32.0 DIVISION 02 — SITE WORK 1 C 4 40.0 DIVISION 03 — CONCRETE 6 6 3fi.0 DIVISION 04 - MASONRY 5 4 20.0 DIVISION 05 - METALS 5 4 20.0 DIVISION 06 — WOOD AND PLASTICS 3 4 12.0 DIVISION 07 — THERMAL & MOISTURE PROTECTION 10 4 40.0 DIVISION OS — DOORS AND WINDOWS 3 4 12.0 DIVISION 09 — FINISHES 6 4 24.0 DIVISION 10 - SPECIALTIES 4 4 16.0 DIVISION 11 - EQUIPMENT 5 6 30.0 DIVISION 13 - SPECIAL CONSTRUCTION 8 6 48.0 DIVISION 15 - MECHANICAL 15 4 60.0 DIVISION 16 - ELECTRICAL 24 4 96.0 TOTAL 112.0 62.0 . 486 0 AVERAGE 4 1 Change Orders Hours per Change Tatai Rn6cipafed Order Hours CHANGE ORDERS ANTICIPATED 10 8 80,0 1NSPECTIONS ANTICIPATED (nterim Finai Hours per Visit Totai Hours PROCESS MECN 2 8 16 CIVIL 1 8 8 ARCHITECT 2 8 16 STRUCTURAL 2 8 16 HVAC/PLUMBING 1 8 8 ELECTRiCAL 2 8 16 INSTRUMENTATION 1 8 8 TOTAL 11 Q 88 FN:tBremer',ortN1?P_Budge� 021610 nllCost Backup Prmted: 311812D10 9:36 AM UV Treatment Facility HDR Engineering Bremerton, WA Task Orlginai Revised Budget Authorized Fee Original Contract • Task Description Remalning No. Budget t10120109) (es ot 2120110) 1.Q Site and Utility Preparation (Atlditional level of effort required) $56,891 $93,731 ; ($6,429) 2.a Perm�tAcquisition & Enviranmentai Compiiance $15,025 $11,694 � ($793) 3.0 U(traviolet Disinfection Equipment Selection (Cost over budget not aliowed) $45,941 $45,941 � ($22,876) 4.0 Disinfec6on System Evaluafion and SeEection (Budget remaining} $14.501 $26,Q81 � $7,344 5.0 Utility Power Evaluation / Genset Selection (Budget remaining) $13,576 $5,582 $170 6.Q Preliminary Design Development Senrices (Budget remaining} $22,949 $55,239 $4,072 7.Q Final Design Services (Additional (eve! of effort required, 34 extra drwgs.) $451,571 $409,076 ' ($116,197) 8 0 Bidding Services $21,348 $23,908 � �97,202 9.0 Praject Management $133,387 $139,627 $4,725 Subtotal {Does not include Task 3) 5775,189 $810,879 ($89,906) Task ; � Original I Costs Incurred I Fee No. � Additional Work Requested • Task Description j , Budget (as ot 2I06N0) � Requested 3.1 UV Procurement Rebid (Not included in original scope) $0 ($9,233) ($9,233) 8.1 Site Prep Contract Bidding Services (Not included m original scope) $Q ($14,817} {$14,817) 8.2 Fiber Qptic (Not Included in originat cope) $0 {$3,916} ($3,916) 8.3 Groundbreaking Support $0 ($991) ($991) 8.4 Prepare Canformed Bid Documents $0 ($1,899) ($1,899) Additional Services Subtolal $0 ($30,856) ($30,856) 1Q.0 Additional Technical Services (Contingency) $75,000 $39,310 $8,454 Original Contract Tofal �850,189 5850,189 (a81,453) Task ' Services During Construction • Task Description � Labor I Expenses Total No. 11.0 Services During Constructian $206,714 $8,107 $214,820 12.0 SDC Project Management $34,440 $2,903 $37,343 13.0 Other Cflnstruction Assistance (Contingency) $10 $0 $10,000 SeNices During Construction Fee $251, i54 $i 9.010 �262.163 TOTAt CONTRACT AMEIVl�MENT $343, 616 FN IBremeRonWTP_BudgeL02f640 n11HDR Summary Printed 3�18/2010 11 15 AM DATE SUBMITTED: 03/24/10 ' � � AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Resolution No. 3 l� Committee Meeting Date: March 31, 2010 Authorization of an Interfund Loan to the COUNCIL MEETING Date: Apri17, 2010 General Fund from the Wastewater Fund Department: Financial Services For cash flow purposes. Presenter: Barbaza Stephenson Phone: 473-5722 SUMMARY: The proposed resolution will provide for an interfund loan for up to $1,500,000 to finance the cash flow needs of the General Fund. Because the receipt of tax revenues are cyclical throughout the year and do no coincide with expenditure outlays, a temporazy loan for cash flow purposes is necessary to bridge the gap. ' ATTACHMENTS: Proposed Resolution No. 3( ��J Cash Flow Schedule FISCAL IMPACTS (Include Budgeted Amount): The Wastewater fund will continue to receive interest revenue in an amount commensurate to the City's average return on short term investrnents. � Total cost to the General Fund will not exceed $7,500. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR �"„�.�--7 � -- COUNCIL PRESIDENT: - � � CONSENT AGENDA � /�,,,,�` GENERAL BUSINESS ❑ �`� � PUBLIC HEARING ❑ I, RECOMMENDED MOTION: Move to approve Resolution No. 3 I I3 authorizing an interfund �' loan from the Wastewater Fund to the General Fund. i I > � , � COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action i " i RESOLUTION NO. 3 l l 3 � A RESOLUTION, of the City Council of the City of Bremerton, Washington, authorizing an Inter-fund Loan to the �. General Fund from Wastewater Fund. WHEREAS, the General Fund has an immediate need for cash with which to finance its operations pending the receipt of property tax and other revenues; and WHEREAS, surplus cash in an amount sufficient to meet these cash flow needs is presently on hand in the Wastewater Fund; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Finance Officer is hereby authorized and directed to make an inter-fund loan from the Wastewater Fund to the General Fund in an amount not to exceed $1,500,000. This loan shall bear interest at the rate of .50% per annum to be repaid not later than May 1, 2011. � SECTION 2. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 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 day of , 2010. NICK WOFFORD, Council President APPROVED AS TO FORM: ATTEST: � ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:\Legal\Legal\Resolutions�Finance�20101nterfund Loan - General Fund Cash Flow.doc 1 Inter fund Loan to the General Fund 2010 General Fund Cash Flow Chart (Without Interfund Loan) 2,000,000 1,500,000 1,377,846 1,000,000 777,308 840,717 689,805 500,000 334,855 324,239 317,189 0 (29,029 (306,680 (50�,0�0) (404,876) (497,774) (599,701) (1,000,000) (1,500,000) (i,s2t,g�a� (2,000,000) (2,037,289) � (2,500,000) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �°Projected �—Actual Note: Includes estimated early separation payouts. DATE SUBMITTED: March 10, 2010 , AGENDA BILL � CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Resolution No. 3112 Committee Meeting Date: Marcha4, 2010 Declaring the City's Support of "Kids At COUNCIL MEETING Date: _ A ��7, 2010 Hope" Department: City Council Presenter: Nick Wofford Phone: (360) 473-5280 SUMMARY: The City of Bremerton wishes to offer support to "Kids At Hope" ATTACHMENTS: Resolution No. 3112 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: � MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS �, PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to adopt Resolution No. 3112 declaring the support for "Kids At Hope" and authorize the Mayor to take all steps necessary to carry out the purpose and intent of this Resolution. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 3 I! 2- A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring the City's support of Kids at Hope. WHEREAS, Kids at Hope is a national initiative committed to the success of all children, without exception, and WHEREAS, Kids at Hope is committed to reversing the stigma, abuse and inherent harmful self fulfilling prophecy associated with the expression, youth at risk, and WHEREAS, Kids at Hope advances a research developed cultural framework which demonstrates that all children can succeed, without exception when children are surrounded by adults who believe they can succeed; when children benefit from meaningful and sustainable relationships with caring adults; and when children learn to articulate their future at life's four major destinations: home and family, education and cazeer; community and services; and hobbies ar�d recreation, and WHEREAS, Kids at Hope promotes the practice of treasure hunting to ensure all children's talents, intelligence and positive traits are discovered, and WHEREAS, the City recognizes the importance of celeb"rating and supporting the value of a11 its children and is proud and honored to be recognized as a Kids at Hope City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City agrees with and supports Kids at Hope and publicly proclaims that "all children are capable of success, no ezceptions and further encourages others to learn about and support the Kids at Hope initiative. SECTION 2. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION3. Ef�ective Date. This Resolution shall take effect and be in force immediately upon its passage. I , � PASSED by the City Council of the City of Bremerton, Washington this � day of , 2010. � ; ; i 1 � Sids at Hope ; � i , NICK WOFFORD, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:U.egalU.egaAResolutions\City Council�ICids at Hope.doc _ � I i i , � i i i , � �� ,2 j � Kids at Hope � ; i i � • - - - � 0 E1((EPTIO • Kids at Hope Pledae ! am a Kid at Hope. l am talented, smart and capable of success. I have dreams for the future And / will climb to reach those goals and dreams everyday. All kids are capable of success, NO EXCEPTIONS! A Pled�e to Remember Kids at Hope is inviting all children and youth, schools, youth organizations, recreation depa.rtments and communities to be part of A Pledge to Remember - a celebra.tion of National Kids at Hope Day held annually on the Tuesday before Thanksgiving (November 23, 2010). • It is believed that the Kids at Hope Pledge is the second most recited pledge in .American schools (after the Pledge of Allegiance to the Flag). It is estimated that almost 500,000 chitdren recite the Kids at Hope pledge in schools, YMCA's, Boys & Girls Clubs and other youth groups. Contact your local media and let them know what you are doing to celebrate your Kids at Hope! We hope each of our partner schools, youth groups and entire communities, as well as other interested parties, join us in this very exciting declaration of our shared belief that aU children can succeec� 1Vo Exceptions. We encourage our friends to invite their govemors, mayors, supervisors, superintendents, directors and all caring adults to join in this remarkable event. http://www.kidsathope orq/who proqram html • , DATE SUBMITTED: March 26, 2010 �� AGENDA BILL CITY OF BREMERTON CITY COUNCIL � � � I � ! v�l. .......................................................................................� SUBJECT: Ordinance No. � 0 7 Committee Meeting Date: '�r��h ;�� . r�l�l� increasing the maximum vacation pay-out if COiJNCII., MEETING Date: A�Dri ( '�, �DIf� furloughs, reduced work schedules, or Department: aM� equivalent are implemented. Presenter: Mayor Lent Phone: 473-5266 SUMMARY: This proposed ordinance increases the maximum vacation pay-out if furloughs, reduced work schedules, or equivalent are implemented. When furloughs or reduced work schedules are implemented, employees take additional time off without pay and without using their vacation time. Consequently taking additional vacation time would impact staffing levels. In the event of separation, this ordinance would allow up to an additiona140 hours of vacation pay-out. ATTACHMENTS: Proposed Ordinance. � 5 � 0 � o . �.�- FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ,. COMMITTEE CHAIR � ,�> COUNCIL PRESIDENT: CONSENT AGENDA ❑ � GENERAL BUSINESS � PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Ordinance No. J' � d 7 increasing the maximum vacation pay-out if furloughs, reduced work schedules, or equivalent are implemented. COIJNCII. ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED: 3/24/10 � � AGENDA BILL CITY OF BREMERTON CITY COUNCIL b�/i, (, �.e �� t .......................................................................................� SUBJECT: 2011 Voluntary Separation Committee Meeting Date: 3/24/2010 � 3��1 �eo Agreement for Chief of Police, Craig Rogers. COUNCIL MEETING Date: 4/7/2010 Department: Executive Presenter: Mayor Lent Phone: 5266 SUMMARY Chief Craig Rogers had originally submitted a Voluntary Separation request for 2010. At my request, I asked him to consider staying on for another year until approximately April l, 2011. He agreed to my request, however, put forth a request for my consideration in lieu of the 2010 V.oluntary Separation Program. As a LEOFF I employee, his pension from the State will be based on his actual salary being paid when he retires. Had he retired in 2010 under that program, the City's cost including the incentives and his accrued leave payouts would have been $128,543. He does not want the incentive pay which fotaled approximately $60,232 and he will have reduced the vacation payout from $45,923 to approximately $24,164 by usage of vacation leave. Assuming a 2% COLA for 2011, he is requesting 14.75% in longevity added from 1/1/2011 thru 2/18/2011 which will cost us approximately $2,617, and an additional 14.75% longevity from 2/19/2011 thru 3/19/2011 which will cost approximately $3,746, for a total additional payroli cost of $6,363 in 2011. The total pay and leave accrual payout for 2011 will be approximately $60,597 for a total savings of $67,946 had he retired under the 2010 program. Agreeing to these terms will not impact any current LEOFF 1 retirees, since no one else will meet the criteria of 34 years employment with the City and also having served for five (5) years as Chief of Police. I recommend approval of the terms of his separation as outlined above. ATTACHMENTS: Craig Roger's 2011 Retirement Calculations FISCAL IMPACTS (Include Budgeted Amount): Costs of this separation to be included in 2011 budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: � ' MAYOR: — COMMITTEE CHAIR � , �--- COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS � �i PUBLIC HEARING ❑ RECOMMENDED MOTION: I move to appro e the terms of a 2011 Voluntary Separation Agreement for Chief of Police Craig Rogers as presented and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: �.Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED: March 31, 2010 �� � AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Authorization to Submit a Committee Meeting Date: March 31, 2010 Grant Application to the EPA for the Gorst COUNCIL MEETING Date: April 7 2010 Creek Watershed Plan Department: Public Works and Utilities & Community Development Presenter: Michael Mecham/ Andrea Spencer Phone: 473-5315/473-5283 SUMMARY: On March 24�', Engineering staff were notified the City has been selected to receive a grant from the EPA to develop a Comprehensive Watershed Plan for the Gorst Creek Watershed. The Watershed Plan is a multipart program to adopt land use regulations that will guide sustainable " development within the watershed. The watershed plan will be developed with Kitsap County as a partner to ensure all project deliverables aze coordinated between the two jurisdictions. The final application is due to EPA on Apri18, 2010. ATTACHMENTS: 1.) Council Summary; 2.) Draft Grant Application FISCAL IMPACTS (Include Budgeted Amount): This project is not in the 2010 budget, a budget amendment will be required which will be proposed when the grant is presented to Council for acceptance. The non-reimbursed 2010 expense is estimated at $22,000.00, in in-kind staff match. APPROVALS: �, � �, DEPARTMENT DIRECTOR: CITY ATTORNEY: � FINANCE DIRECTOR: ` �_^� � (J�" MAYOR: - �'�COMMITTEE CHAIR , �, c_ U COUNCIL PRESIDENT: , CONSENT AGENDA ❑ GENERAL BUSINESS � PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to authorize city staff to apply for a$659,477 grant from the United States Environmental Protection Agency (US EPA) and authorize the Interim Director of Public Works to sign as the Authorized Certifying Official for the City of Bremerton. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Gorst Watershed Comprehensive Planning Grant � Council Summary � Contract Summarv � The City submitted a proposal as lead agency for a grant from the EPA to develop a comprehensive watershed plan for sustainable development and restoration of the Gorst Creek watershed. We were notified on March 24�' that we will be offered this grant, and also notified that our formal grant submittal is due to the EPA on April 8�'. EPA anticipates having the grant agreement developed by early June. This short timeline has resulted in our need to expedite Council's approval of this application. � The project includes several components — the components and deliverables include the following: , � • Watershed Characterization Studv — this study will identify critical areas and areas with high ecological value to be protected, and also identify areas to be developed. The output from this initial study will be used in all following deliverables. • Land Use Plan and Regulations — development of a Land Use Plan for the Watershed, and development regulations to be adopted by the City and Kitsap County. • Planned Action EIS — an EIS will be conducted for the watershed to establish baseline/no permit action criteria for development. This will facilitate development by streamlining the permit process. • Stormwater Plan — this plan includes development of a hydraulic model for the watershed, along with identification and prioritization of existing surFace water issues. • Capital Improvement and Corrective Action Plan — development of a CIP to address existing deficiencies and ensure development of necessary infrastructure to accommodate growth. This task includes development of a pre- design for correction of the existing Gorst Landfill, and a fish impeding culvert on Gorst Creek. o Outreach and Information Transfer Prooram — conducting a series of ineetings and development of handouts to convey finding of the plan. � Our partners, their financial assistance offer, and their roles in development of the plan include: • Kitsap Countv — main project partner, offered $30,000 in staff support to coordinate on all facets of the plan • Kitsap Countv Health District — offered $25,000 in staff support to coordinate on the Gorst Creek Landfill Assessment, '• Washinqton State Department of Ecoloqv — offered $10,000 in staff support to assist in the habitat and development model which will be used in the watershed characterization plan, , •� Washinaton Department of Fish and Wildlife — offered $14,442 in staff support to assist in development of a habitat model to be used in the watershed � characterization .plan, �,, City of Bremerton � Gorst Creek Watershed Planning Grant March 2010 } , { , I � • Port of Bremerton - offered $10,000 in staff support to assist in development of all project deliverables, • West Sound Watershed Council - this council is the lead entity organization for salmon recovery in East WRIA 15, and includes many lacal governments and two local tribes. WSWC offered $5,000 in staff support to assist in completion of the land use planning and watershed characterization, • Sustainable Bremerton - this non-profit group exists to encourage LID in construction, and has offered $3,000 in staff support to assist in the public outreach, • Pat & Chervl Lockhart - this majority landowner will provide a developers perspective during the project, and has offered $10,000 for their attorney to assist in reviewing all appropriate project deliverables. Fiscal Summarv This project is not in the 2010 budget. The EPA grant offer is $659,477.47 and has a match of $220,292. The City portion of that match is $112,850, which will be expended over three years. The table below shows expected City costs each year split befinreen Engineering and DCD. Engineering costs will come from the Stormwater Fund and DCD costs will come from the General Fund. ' Task Task Cost 2010 City 2011 City 2012 City Match Match Match Watershed 150,003 Eng: $4,000 � Characterization . DCD: $15,100 Stud Land Use Plan and $160,200 Eng: $1,200 Eng: $600 Development DCD: $10,400 DCD: $5,200 Re ulations Planned Action EIS $174,750 Eng: $1,200 Eng:$1,200 DCD: $10,375 DCD: $10,375 Stormwater Plan $124,450 Eng: $17,800 DCD: $2,000 Capital Improvement $175,950 Eng: $6,500 Eng: $13,000 and Corrective DCD: $700 DCD: $1,400 Action Plan - Outreach and $94,416 Eng: $1,500 Eng: $3,000 Eng: $1,500 Information Transfer DCD: $1,450 DCD: $2,900 DCD: $1,450 Plan Totals $879,769 Eng: $5,500 Eng: $29,700 Eng: $16,300 ($659,477 Grant, DCD: $16,550 DCD: $26,375 DCD: $18,425 $220,202 Match Ciry of Bremertan Gorst Creek Watershed Plannrng Grant March 201 D , Comprehensive Watershed Plan for Sustainable Development and Restoration of the Gorst Creek Watershed Funding Opportunity Number: EPA-RIO-PS-1001, CFDA Number: 66.120 Watershed Name: Gorst Creek Watershed, WRIA 15, Kitsap County, WA Applicant: City of Bremerton, 3027 Olympus Drive, Bremerton, WA 98310 Contact Person: Phil Williams, 360-473-5315, phil.williams@ci.bremerton.wa.us Federal Fund Request: $659,477 Non-Federal Match: $220,292 (Exceeds required match of $216,627) ACORN Statement: The City of Bremerton is not an affiliate, subsidiary, or an allied organization of Association of Community Organizations for Reform Now (ACORN.) Abstract The largely undeveloped Gorst Creek watershed feeds the headwaters of Sinclair Inlet in the Puget Sound. In 2009, the City of Bremerton and Kitsap County Health Departrnent partnered to obtain funding to sewer the Urban Growth Area to address water quality issues; the project is under construction. Loca1 real estate professionals indicate sewers will make large tracts of previously-developed land commercially viable for redevelopment. The Gorst UGA's location at the intersection of Highways 3 and 16 make it a natural to fill the current housing and commercial shortfall in Kitsap County. There are currently no code provisions for Low Impact (LID) or Green Development in the area: Our proj ect will: • Evaluate and classify existing habitat in the Gorst Creek Watershed; • Develop a comprehensive plan and implement regulations to protect the intact ecosystem processes, structures and functions; and • Create a Capital Improvement Plan (CIP) to correct existing deficiencies. 1. ENVIRONMENTAL SIGNIFICANCE 1(a) Significance of the R'atershed The conditions in the upper Gorst Creek watershed are relatively rare in the Puget Sound. It is largely undeveloped with low levels of impervious surfaces, contains highly productive fish resources including a salmon hatchery, and discharges directly into a salt marsh containing shellfish beds. The watershed covers approximately 7,000 acres in the southwestern portion of Kitsap County. Approximately 3,000 acres are forest resource land owned by the City of Bremerton, and approximately three percent of the rema.ining 4,000 acres include commercial, industrial and residential zoned land developed with buildings and other impervious surfaces. Gorst Creek is classified by Kitsap County as a Type F(fish-bearing) stream (WDNR 2009). Thirteen Type F tributary streams including Parish Creek, Heins Creek, and an unnamed stream (LMK 122) are located within the watershed. The upper reaches of these tributaries are of high ecological function and generally undisturbed by development; with the exception of one major tributary immediately south of Highway 3. This stream channel was destroyed in the 1960's when the stream was put in a culvert and the area over the culvert was filled as a landfill. The landfill is currently unstable and failing into the stream. Within the forest resource property, Bremerton operates 13 municipal wells as primary source water for� the municipal drinking water system serving approximately 55,000 1 customers. Bremerton additionally maintains a pump station and surface water diversion from Gorst Creek as an emergency water source. The City's Gorst Creek Salmon Rearing Facility, jointly operated with the Suquamish Tribe and Kitsap Poggie Club, is located in the watershed. The facility releases two million Chinook salmon smolts into Gorst Creek, and raises 300,000 Coho salmon smolts for release into Agate Pass annually. Downstream, Gorst Creek discharges into a salt marsh in Sinclair Inlet, which is actively used by shellfish (103+ acres of shellfish beds), Threatened Chinook, and Coho salmon and waterfowl. � Wetlands in the headwaters of Gorst Creek and in the Heins Creek Sub-basin provide moderate to high functions and values, including floodwater retention, water quality, and habitat functions. Floodwater retention is a critical function due to the history of flooding within the Gorst Creek Drainage Basin (Parametrix 2006). 1(b) Significance of Threats & Emerging Problems Pending Redevelonment - The watershed is located at the south end of Sinclair Inlet, where Highways 3 and 16 intersect. These major thoroughfares convey all vehicles from Seattle, Tacoma, and Olympia to the Kitsap Peninsula with its major Navy facilities including Bangor, Keyport, and the Puget Sound Nava1 Shipyard (PSNS). A real esta.te consultant (Daniel Horvitz with Prudential Northwest) indicated the proxixnity of the Gorst UGA to PSNS makes it a natural for construction of inedium to long-term housing to fill the current housing gap (http://www.kccha.com/Trends/08FTrend.pd�. He further indicated given its proximity to the well-traveled highways, Gorst is the optimum location for commercial(re)development. Finally a significant amount of industrial developed land that cannot currently be re-developed will become re-developable once the new sewer collection system is in place in 2010, and the combination of low property values, location, and new utility services combine to make the entire area prime for development. Current zoning and development codes allow for relatively unrestricted commercial, residential and light industrial facilities. No evaluation of watershed processes or identification of best areas for protection, restoration, or development has been performed. Development is currently restricted only by zoning and identified critical areas and does not include a reach by reach approach. While the overall watershed is 97 percent undeveloped, existing development is concentrated in the downstream areas around the mouth of Gorst Creek and along the shoreline of Sinclair Inlet. Due to a lack of code requirements and land use restrictions, development along the Sinclair Inlet shoreline has occurred haphazazdly, and commercial and industrial activities maximized impervious pavement on their properties. This results in significant pollutant runoff directly into adjacent receiving waters. Based on WDFW information, the estuary is a major passageway and nursery for Puget Sound Chinook, Coho, and Chum salmon, along with Steelhead, and Sea-Run Cutthroat trout. Absent a science-based plan and associated low-impact development (LID) code requirements, the pending redevelopment will likely minor current development with its associated impacts on water quality, loss of native vegetation, floodplain volume increase, and destruction of the uplands. Implementation of the codes and ordinances developed by this project will ensure any significant redevelopment of the existing near-shore commercial areas will require LID strategies for stormwater management and water quality improvement. Specific threats associated with existing problems and development include: 2 Landslides, Surface Water Rnnoff & Contamination - Increased impervious surfaces lead to increased stormwater discharge with resulting erosion from steep slopes that deliver higher volumes of sediment and other contaminants to Gorst Creek and the Sinclair Inlet delta. This problem will increase as development occurs. Landfill Erosion - Approximately 50 years ago, a landowner installed a culvert on a tributary of Gorst Creek, and created a landfill over the culvert. The landfill is unstable, and large storm events overflow the culvert and introduce landfill debris and contaminants into the stream. The property owner is not solvent, and so the problem has become a local government responsibility. Zinc/Copper Roadway Runoff - Planned roadway expansion to accommodate increased traffic and population on the Kitsap Peninsula will lead to increased runoff and loading of contaminants and sediments into the watershed. Reduced Aquifer Recharge - Increased runoff of stormwater and impervious surfaces in the uplands causes a decrease in the infiltrated and retained groundwater threatening the water resource and reducing the base flow in Gorst Creek, during the summer months. Loss of Native Vegetation/Alder Nitrification - Without enhanced codes and regulations, development will cause a loss of native vegetation both in terms of azea, or as replaced by non-native andlor non-nitrogen producing species. The issues listed above result in one thing - degradation of the ecological functions of the basin and increased threat to the salmon, waterfowl and shellfish that rely on the health of the watershed. Absent public education, careful land use planning, and development restrictions and incentives that go beyond current law, this area will be developed legally, yet irresponsibly, given the critical nature and function of the ecology present. I(c) Relevance of Proposal to Priorities This project solves the environmental problems associated with existing and planned (re)development and is consistent with numerous priorities and goals at the federal, tribal, state, and local governments. Specific relevant goals and priorities include: Implements Puget Sound Partnership (PSP) Action Agenda Goals (2009) On July 15, 2009, the EPA approved the Puget Sound Action Agenda, a strategy to clean-up, restore and protect the Puget Sound by 2020. This project addresses the following priorities from that Agenda: • Protect intact ecos s�processes, structures and functions. The project addresses this Action Agenda goal by perforniing a comprehensive watershed evalua.tion to identify areas of high ecological value and develop the necessary codes and ordinances to ensure the long-term protection of those areas. • Restore ecosvstem processes, structures, and functions. The project will develop a corrective action plan (referred to as an Engineering Estimate and Cost Analysis or EECA) for the failing landfill, a CIP for other stormwater improvements to restore process and function, and a11 necessary codes and ordinances to ensure redevelopment includes LID standards to correct existing direct untreated stormwater runoff into Sinclair Inlet. • Reduce the sources of water pollution. The project will develop the pre-design and cost estimates to correct the failing landfill as a first step to allow the City to pursue construction funding. The project will additionally develop codes and ordinances to require incorporation of LID techniques in a11 new developments and redevelopment. Finally, the watershed Comprehensive Plan will include a CIP, which will list a series of projects to reduce stormwater runoff and its associated contaminant loading into the estuary. _ 3 Implements EPA's Strategic Plan for the Puget Sound - The project improves and restores water quality on a watershed basis and facilitates ecosystem-scale protection and restoration under Goal 2— Clean and Safe Water, Objective 2.2 — Protect Water Quality, Sub-objective 2.2.1 — Protect and Improve Water Quality on a Watershed Basis, Goal 4— Healthy Communities and Ecosystems, Objective 4.3 — Ecosystems, Sub-objective 4.3.1 — Protect and Restore Ecosystems, and Sub-objective 4.3.8 — Restore and Protect Puget Sound Basin. Goals of LID (U.S. Department of Housing and Urban Development, "The Practice of LID", July 2003) - The project implements HUD's LID goals by preserving open space and minimizing land disturbances; protecting sensitive natural features and processes; identifying and linking on- and off-site "Green Infrastructure"; incorporating natural features (wetlands, riparian corridors, mature forests) in site designs; customizing designs according to the site analysis; and decentralizing and micromanaging storm water at its source. Kitsap County, LID Initiative Goals (2008) - The project implements Kitsap LID Initiative Goa1s by protecting water quality; preserving wetland and stream functions; encouraging aquifer recharge where appropriate; and providing cost-effective stormwater management solutions. Salmon Recovery Funding Board Goals (200� - T'he project helps achieve Washington Salmon Recovery Funding Board goals since Gorst Creek is identified as a priority area for restoration of Chinook salxnon. Suquamish Tribal Goals (Suquamish Tribal Resource Management, 2008) - The project helps achieve Suquamish Tribal goals by providing the greatest diversity of species and habitats for wildlife on forest lands; long-term protection of habita.t productivity for wild fish stocks; protecting the water quality needs of people, fish and wildlife; and assuring sustainable growth. Washington Forests and Fish Report Goals (2008) - The project fulfills the goals of the Washington Department of Fish & Wildlife (WDFV� Forests and Fish Report by restoring and maintaining riparian habitat on non-federal forest lands to support a harvestable supply � of fish; and meeting the requirements of the federal Clean Water Act (33 U.S.C. § 1251� for water quality on non-federal forest lands. 1(d) Interrelated Projects Several relevant and related studies have been conducted within the Gorst Creek Basin (WRIA 15), including: Kitsap County Health District (KCHD) 2008 Priority Area Work List for the Pollution Identification and Correction Program - This document identified the Gorst Creek Watershed as the highest priority watershed for clean-up in Kitsap County. Project ENWEST — This program is a partnership between the Department of Ecology (Ecology), PSNS, and the EPA to evaluate water quality in Sinclair Inlet. Kitsap County Comprehensive Plan EIS - This document contains the majority of existing planning for the Gorst Creek Watershed, and includes policies to encourage the use of Transfer of Development Rights (TDRs) and rural wooded incentive programs. Characterization of I,andfill in 3tream Channel - Preliminary evaluations of the landfill have been conducted and form the basis for remedial design. Gorst Creek Sewerage - In 2009 the City completed design of a sewer collection system for the Gorst UGA. Construction for the collection system and abandonment of existing 4 residential septic systems are underway, with all work scheduled to be complete by December 2010. • Sinclair Inlet Restoration Project - From 2003-2009, Kitsap County conducted a$2.1M restoration planning, design and construction program for multiple sites in the Sinclair Inlet area. Project elements included upland and sediment remediation at four sepazate industrial sites, construction of tidal wetlands, restoration design, and construction of other improvements to protect the estuary and enhance shellfish beds at the mouth of Gorst Creek and surrounding shoreline. Shoreline Master Plan Update - The City is currently updating its Shoreline Master Plan, � the update will be completed in 2012. T'his update will be done collaboratively with this project to gain economies of scale and coordination of land use. Z. PROJECT DESIGN This project is a joint effort between the City of Bremerton and Kitsap County, with assistance from Ecology, WDFW, the Kitsap County Health District, and other stakeholders. The project consists of the following major tasks: , 1. Watershed Chaxacterization Study and Comprehensive Watershed Plan, - 2. Land Use Plan and Development Regulations, 3. Planned Action EIS, 4. Stormwater Plan, 5. Capital Improvement and Corrective Action Plan, including an EECA for correction of the Private Landfill within a major tributary of Gorst Creek, and 6. Outreach and Information Transfer program. The project will build on the 2010 characterization that will be completed as part of the City of Bremerton's Shoreline Master Plan update. The City and Kitsap County will coordinate with Ecology to develop a SUSTAIN model to systematically evaluate the . location, type and cost of wet weather BMPs, including LID for the watershed. The City has coordinated with Mr. Steven Stanley of Ecology to partner on the model develop'ment and validation, including an evaluation of the potential effects of climate change on watershed hydrology. The City is additionally coordinating with Mr. Tim Quinn of WDFW to develop the habitat valuation/characterization model for the watershed. The outputs from these two models will be used in a11 aspects of the Comprehensive Plan and Planned Action EIS. 2(a) Integration with Land Use Decision The current land use regulations were developed several decades ago without consideration for ecological and watershed impacts. The first step of the project will be to develop the hydrologic and habitat valuation models — the output from these models will be used for a11 aspects of the Comprehensive Plan and Planned Action EIS. All land use decisions and a11 project deliverables will use a science-based watershed and ecological approach to land use planning. The Comprehensive Watershed Plan will outline the extent, location and nature of future . development within the watershed. The watershed characterization will determine which areas are ecologically sensitive and, in conjunction with the Planned Action EIS, will establish appropriate development codes and ordinances to ensure development needs are balanced with ecological and environmental factors. � ' S During permitting of the new sewer collection system, the City obtained sufficient "no protest" agreements to facilitate annexation of the Gorst UGA; the City intends to complete this annexation in following completion of these studies. The codes developed through this project will be adopted by both the City of Bremerton and Kitsap County, the two governmental entities that control land use within the entire watershed. Z(b) Multcfaceted Program The project includes a11 components, from the evaluation of development alternatives to implementation of codes and ordinances, to ensure sustainable growth occurs in the watershed. The Comprehensive Plan for development will be based on the Framework for Planning at a Watershed Sca1e (Ecology, 2005). The integration of corrective actions (landfill EECA and stormwater CIP) with the protection elements (Land Use Plan and Development Code) will ensure habitats and water quality are improved now and protected in the future on a watershed scale. 2(c) Technical Merit and Feasibility The areas in Kitsap County currently identified for urban growth were established without consideration of ecological and watershed impacts. The watershed characterization modeling will use best available science, including methods prescribed by the PSP (in collaboration with the EPA) for habitat and water quality evaluation. While a Critical Areas Ordinance (CAO) exists to regulate impacts to the environment, this program will develop codes and ordinances using an integrated approach, with ecological and water quality factors considered alongside standard CAO considerations. 2(d) Innovation � Kitsap County and the City of Bremerton are leaders within the State in prioritizing the utilization of LID techniques. This project uses a strategic approach, beginning with evaluating existing habitat and identifying the maximum allowable development that can occur without harming the environment. This data will then be used to prepare codes, standards and regulations that emphasize protection of ecosystems based on the best available science. The goal is to move beyond State requirements of the Growth Management Act and Shoreline Management Act by applying the evaluation of water quality and habitat modeling to determine the highest quality areas that need to be protected. The Planned Action EIS will facilitate the development of the most appropriate areas while protecting higher quality habita.t. 3. PA.RTNERS The project is a collaborative effort between the City of Bremerton and Kitsap County, the two jurisdictions that regulate development within the watershed. The project will be , developed with several partners; their involvement, interest and commitment aze outlined below. Letters of commitment are on file for all partners listed below, and aze available upon request: Kitsap County - The City will take the primary role in delivering the project, acting as grant recipient and manager. The County will be involved in all aspects of the project, and has committed $30,000 in in-kind match to deliver the project. Port of Bremerton - The Gorst watershed borders the north boundary of the Port of Bremerton, and the Port was recently annexed into the City of Bremerton. The City currently operates water service in the Port, and will be the Port's sewer provider. The Port - 6 has committed to providing $10,000 in in-kind match to assist with development of all project deliverables. Snquamish Tribe - The Suquamish Tribe operates the Gorst Creek salmon hatchery in collaboration with the City and Kitsap Poggie Club, and has a strong interest in the future health of the watershed and receiving waters. The Tribe has committed to providing technical assistance in the development of the Comprehensive Plan, Planned Action EIS, and codes and ordinances. Washington Departments of Ecology and Fish & Wildlife - The habitat and development impact modeling will be performed by these two state agencies; the model output will be used in the project deliverables. Agency representatives will additionally be included as members of the steering committee, and will provide technical assistance in project deliverables. WDFW has committed to providing $14,442 of in-kind match, and Ecology has committed to providing $10,000 of in-kind match. • Kitsap County Health Department - As the agency responsible for on-site sewer systems in the County, the Health Department has evaluated and documented water quality issues in the watershed for yeazs. Most recently, the City coordinated with the Health Department during design and construction of the Gorst Sewerage Project. For this project, the Health Department has committed to providing $25,000 as in-kind match to assist with pre-design of the landfill correction. West Sound Watersheds Council - The West Sound Watersheds Council is the lead entity organization for salmon recovery in East WRIA 15. Participants include Kitsap and Pierce Counties; the Cities of Gig Harbor, Port Orchard, Bremerton, Poulsbo, and Bainbridge Island; and the Suquamish and Squaxin Island Tribes. The West Sound Watersheds Council has committed to provide $5,000 of in-kind assistance for completion of the land use planning and watershed chazacterization. Sustaiaiable Bremerton - Sustainable Bremerton is a local non-profit group whose mission is to encourage the use of Low Impact Development in public and private construction projects. Sustainable Bremerton has committed to provide $3,000 of in-kind support to assist with the Public Outreach program. Pat and Cheryl Lockhart - Pat and Cheryl Lockhart are the majority private property owners within the watershed. The Lockharts have a vested interest in understanding the development regulations that will result from the project, and have offered to be on the Steering Committee to provide the developers perspective throughout the project. The Lockharts have additionally offered to have their attorney assist with review of all appropriate project deliverables. The Lockharts have committed to providing $10,000 in in-kind match. 4. FINANCIAL INTERGRITYAND SCHEDULING . Based on worked performed on other City planning efforts, as well as discussions with project partners, the following budgets and timelines have been developed for each task: 7 Task Name Bnd et Timeline 1 Watershed $150,003 (Match is $lOk WDFW, 7uly 2010 - Characterization Study � $lOk DOE, $3k WSWC, &$19,100 December ZO10 City) 2 Land use Plan and $160,200 (Match is $25k County, $8k January 2011 - Development Regulations Lockhart, $8k Port, $2k WSWC, & May 2012 $17,400 City 3 Planned Action EIS $174,750 (Match is $23,150k City) October 2011 - A ril 2012 4 Stormwater Plan $124,450 (Match is $Sk County, & January 2011 - • $19,800 City October 2011 5 Capital Improvement and $175,950 (Match is $25k KCHD & November 2011 - Corrective Action Plan $21,600 City) May 2012 6 Outreach and Information $94,416 (Match is $4,442 WDFW, July 2010 - July � Transfer Plan $3k Sustainable Bremerton, $2k 2012 Lockhart, $2k Port, & $11,800 City � Total $879,769 otal Match is $220,292 S. ANTICIPATED OUTPUTSAND OUTCOMES The project follows Ecology's framework for planning at the watershed scale by including the following components: Ecolo�v Framework Comnonent Proiect Comuonent Chazacterize Watershed Processes: Watershed Characterization Study Prescribe Solutions: Land Use Plan, Stormwater Plan Take Actions: Stormwater CIP, Development Land Use . Regulations Monitor Results: Water Quality Monitoring Coordination, Planned Action EIS Feedback for Continued Improvement: Public Outreach and Adaptive Management The following outputs and outcomes will result from the various tasks. Project management and quality control will additionally be performed throughout the project — these activities are included in the various tasks below. Task 1— Watershed Characterization Studv - The Watershed Characterization Study sets the ecological framework for sustainable (re)development within the watershed. S(a) Outputs for Task 1 - The watershed characterization study develops GIS maps detailing the existing development, utilities and other infrastructure; identifies high value critical or significant natural resources; and identifies important physical, biological, ecological, and cultural resources. S(a) Outcomes for Task 1- As a direct result of the study, land use regulations that are tied to ecological functions and values will be developed. The study defines the areas appropriate for protection or development, providing the basis for the Land Use Plan, Development Regulations and the Planned Action EIS, ensuring (re)development of 8 approximately 3,000-acres is sustainable and does not adversely impact the ecological functions of the watershed. S(b) Measuring and Monitoring for Task 1 — Utilization of the GIS output maps in development of the Watershed Characterization Plan, the Land Use Plan, Development Regulations and other subsequent project deliverables. Task 2— Land Use Plan and Development Re�ulations - The Land Use Plan and Development Regulations provide the tools necessary to ensure that future development protects and maintains the ecological function of the 97 percent of currently undeveloped watershed land. S(a) Oulputs for Task 2 - A Comprehensive Land Use Plan for the Gorst Watershed and implementation of development regulations. S(a) Outcomes for Task 2- The governing agencies will have planning-level information to determine where development has the least impact on the ecological function of the watershed and ensures habitat protection, including retention of native plant species. Implementation of Land Use Development Regulations will be science-based and ensure that growth is sustainable. This results in preservation of high quality habitat and critical areas, improved salmon habitat and the protection of approximately 103-acres of shellfish beds. S(b) Measuring and Monitoring for Task 2- The measure will be eventual adoption of the Land Use Plan and implementing regulations by the appropriate legislative bodies to prevent cumulative loss of habitat and ecosystem function. Task 3— Planned Action EIS - The City will develop a Planned Action EIS to analyze impacts of planned development of the Gorst Watershed in compliance with the Land Use and Development Regulations adopted under Task 2. S(a) Outputs for Task 3 = The Planned Action EIS will define baseline/no action alternative scenarios and potential improvements based on the Land Use Plan, Development Regulations and Watershed Characterization study. 5(a) Outcomes for Task 3 - The Planned Action EIS facilitates development in compliance with the findings of the study and provides the basis to ensure streamlined permitting decisions and reduction of environmental impacts to over two miles of marine shoreline and 13 fish-bearing creeks and steams. S(b) Measuring and Monitoring for Task 3- (Re)development proj ects utilize the Planned Action EIS in permitting. Task 4— Stormwater Plan - The Stormwater Plan will identify and prioritize existing surface water issues, corrections necessary for existing problems, and collection system improvements necessary for future development within the watershed. S(a) Outpuxs for Task 4- A Stormwater Plan, including development of a hydraulic model and analysis of results. S(a) Or�tcomes for Task 4- The Stormwater Plan guides the development of regulations for sustainable growth and (re)development within the appropriate parts of the watershed, reducing increases in runoff within the basin. This will reduce erosion, zinc and copper runoff, deter further alteration of the floodplain, and prevent reduction of aquifer recharge. S(b) Measuring and Monitoringfor Task 4- Adoption of the Stormwater Plan, which is in full compliance with Ecology's Western Washington Storinwater Management Manua1 � Flow Control Requirements. � � 9 Task S— Canital Imnrovement and Corrective Action Plan - Development of a CIP and Corrective Action Plan to correct existing deficiencies and ensure development of the necessary infrastructure to accommodate growth. S(a) Outputs for Task S— The CIP includes budget-level cost estimates and prioritiza.tion for correction of deficiencies found during Task 4, and develop pre-design reports for at least two major deficiencies within the watershed — correction of an existing landfill on a major tributary to Gorst Creek, and correction of a fish impeding culvert on Gorst Creek. S(a) Outcomes for Task S— The CIP contains elements that restore fish passage to the creeks, protect the 13 creeks and streams, protect over 103-acres of shellfish beds and improve water quality from existing and future problems throughout the 7,000-acre watershed. S(b) Measuring and Monitoring for Task S— Coordination with affected jurisdictions who are currently monitoring water quality in Gorst Creek (ENNVEST, KCHD) to ensure contamination does not increase above current baseline levels as (re)development occurs within the watershed. Task 6— Outreach and Information Transfer Prosram — The proj ect team will engage the public through a series of ineetings and develop informational handouts to convey the findings of the Comprehensive Plan and other project deliverables as they are prepared, as described in Item 6 below. In addition, at the culmination of the project, a quarterly report to convey the deliverables prepared in the plan will be sent to the EPA, regional tribes, local jurisdictions, Ecology, WDFW, the PSP, and others. S(a) Dutputs for Task 6— Development and implementation of a Work Plan describing tasks to be performed, an outline for deliverables, and a schedule showing task dependencies milestones and deadlines. S(a) Outcomes for Task 6— Public stakeholder assistance in the Work Plan development and policy recommendations. S(li) Measuring and Mo»itoring for Task 6— Implementation of the Public Participation Plan and stakeholder assistance. 6. OUTREACSAND INFORMATION TRANSFER This project poses a unique opportunity to develop a Comprehensive Plan based on ecological values and functions on a largely undeveloped watershed, and put in place the regulatory framework to protect existing wild lands and ensure sustainable growth within the watershed. The outputs of this project will be transferable and replicable throughout the Northwest. This process will demonstrate a new way to encourage economic development while preventing negative impacts to the watershed. The results of this project can be utilized by other jurisdictions to shift the paradigm of traditional development and demonstrate that it is economically feasible to do so. Specifically, the technology transfer approach will involve the following tasks: • Develop a Work Plan - At the outset of the project, a work plan will be developed to serve as a guidepost for delivering the project. The plan will include a description of tasks, an outline for deliverables, and schedule showing task dependencies, milestones and deadlines. Progress will be tracked bi-weekly with quarterly reports to the EPA. • Engage Stake}aolders - A stakeholder advisory committee will be developed to � provide input during project delivery. The committee will consist of project partners 10 � and stakeholders, elected officials, tribes and the general public. A minimum of four meetings are anticipated, which will be advertised and open to the general public. This is the same process that the City followed in developing a sub-area plan and zoning code update for. which the City received two GOVERNOR'S SMART COMMUNITIES AWARDS in 2006 and 2008. • Develop a Technical Methodology iteport - As the project evolves, the City will use adaptive management to modify the original Work Plan based on feedback and information gathered. At project completion, a Technical Methodology Report will be developed to serve as a program guide for other jurisdictions to replicate project successes. • Present the Technic�l Methodology Iteport - The City and County will host a conference to present the report and its findings. All local municipalities, tribes, the Port of Bremerton, housing authorities, WDFW, Ecology, the EPA, PSP, WSDOT, U.S. Navy (ENNVEST advisory,) Kitsap Homebuildersj Association, Olympic College, and others will be invited to attend. • Technology Transfer to Puget Sound Partnership - The. watershed characterization report will be provided to the PSP for incorporation into their Puget Sound-wide database. • Application to o'ther City and County Watersheds — The City and County will conduct a review of other watersheds within their respective jurisdictions to determine whether it would be appropriate to apply the Gorst development codes and regulations to other watersheds within their jurisdictions. 7. PAST PERFORMANCEAND PROGA'AMMATIC CAPA.BILITY Gorst Sewerage Project - In 2009, the City obtained American Recovery and Reinvestment Act (ARRA) funding for the Gorst Sewerage Project which includes installation of a sewer collection system and abandonment of residential septic systems throughout the Gorst UGA. This $7.6 million project is currently under construction, with completion scheduled for fa11 2010. This project leverages a$6.5 million inveshnent by the City in 2008 and 2009 to install a tnank sewer from southwest Bremerton past Gorst to the City's WWTP. Construction of these projects was made possible by the following sources of funding obtained by the City: •$110,000 State Revolving Fund (SRF) design loan and $1,349,306 ARRA construction grant for the Septic System Abandonment Project; •$568,350 SRF design loan, $663,251 SRF construction loan, and $4,863,840 ARRA grant for the Gorst Sewer Collection System; and •$550,000 SRF design loan and bonds totaling $4,455,000 for construction of the Southwest Bremerton Sewerage Project. The City has performed all necessary reporting, including those requirements specifically associated with ARRA funds, in a timely manner. Combined Sewer Overflow Reduction Project - In 1993, the City began implementation of its Combined Sewer Overflow (CSO) reduction program to reduce the volume and . frequency of untreated sewage discharges in Sinclair and Dyes Inlets of the Puget Sound. All capital construction projects have been completed; the most recent data shows CSO discharges have been reduced by over 99 percent. At this time, Bremerton is one of three Washington municipalities in compliance with WAC 173-245-090. 11 The City invested over $50 million to complete this program — funding was obtained from a variety of sources, including: • 12 Public Works Trust Fund Loa.ns totaling $19,700,000, • 20 State Revolving Fund Loans totaling $13,900,000, • 3 Centennial Grants totaling $294,000, and • 4 State and Tribal Assistance Grants totaling $7,200,000. The City met all reporting, documentation and other grant management requirements. The City will manage the funds requested for the Gorst Watershed Grant with the same staff that managed the CSO reduction program. The City submits a comprehensive an annual CSO Report to the Department of Ecology to docuxnent work completed to date and compliance — this report is available to the public at www.ci.bremerton.wa.us/forms/publicworks/2008annualcsoreport.pdf. , The City has the resources, financial and administrative systems, and experience to manage this grant. The City routinely contracts with professional services firms and construction contractors and will use a competitive procurement process for contractual obligations under this project. The Project Team responsible for this project's delivery will be managed by the following: � Name &�'itle Role Edncation Qualifications Phil Williams, Program � BS, Wildlife Managed RUFS, design & closure of 350- Director of Manager Biology; MS, acre landfill in City of Spokane, WA; Public Works - Aquatic Ecology Kitsap Homebuilders Association Leadership Team for LID & Former Leader of Water Quality Investigations for De artment of Ecology. Larry Matel, LID, BS, Civil NPDES Permit Coordinator, City of Managing Stormwater & Engineering; BS, Bremerton; Responsible for implementation Engineer Transportation City Planning; of LID practices in City's Public Works Manager MS Civil Culture , Engineering Andrea Manager, BS Landscape Won 2008 Governor's Smart Community Spencer, Comprehensive Architecture; MS Award for Sustainable Development Director of Land Use Regional Planning (Bremerton) & 2006 Awaxd for Community Planning in Planning; AICP Implementation of Comprehensive Plan for Development Gorst Develo ment of Zoning Code remerton 12 Applicant Name: City of Bremerton Award Number: EPA-R10-PS-1001 Budget Information - Non Construction Programs OMB A roval No. 0348-0044 ..,x.,.� �' `'#', -��t�c!. ,� ,tc�+,n ,, �i - :v�`"c` �'`� t' '��,", 37 - —'.""'k%`��'t^ °;* >^�� ,�,� r x' � �,�+�; Sec�on A - Bud et Summa ��'..� �-� : � � �: '��'*. ` ::�..�-���°"�r���`�^.�� ���`=° �� :�`�'�'�,:� ���+�^�." ::�.-F :,��_,� „�;`����� �#'�;�>.�zs-.��:=�"��"�' ,�� ��"�';:� �„�' � &w" r -�,.°R�w��.� �:�� : � �.. �a.. : .x.� v�. `�+.`"�.�: a �rant Program Function or Catalog of Federal Estimated Unobligated Funds New or Revised Bud et Activity Domestic Assistance Federal � Non-Federal Federal Non-Federal Total � Number a b c d e 1. PSWMAP 66.120 $659,477 $220,292 $879,769 2. $0 3. $0 4. $0 5. Totals $0 $0 $659,477 $220,292 $879,769 �. OIt B' U � 011@8 �`-���';�`������'�'r��v' »z' s.�� -��"_" �� � r�`�r�"^„ ,'�#��m����,E`�4�:'#��'���Y�°�������.t���p �%�' �°" .;�'� �,. n•�'��,. � �.� �... �?�����•° Grant Program, Function or Activity 6. Object Class Categories 1 PSWMAP 2 A licant 3 State 4 Other Sources Total (5) �) �) PP� �) �) a. Personnei $77,308 $90,280 $19,820 $187,409 b. Fringe Benefits $25,769 $22,570 $4,622 $52,961 c. Travel $0 $0 d, Equipment $0 $0 e. Supplies $0 $0 f. Contractual $556,400 $556,400 g. ConsUuction $0 $0 h. Other $0 $83,000 $83,000 i. Total Direct Charges (sum of 6a-6h) $0 $112,850 $24,442 $83,000 $879,769 j. Indirect Charges $0 � $0 k. Totals (sum of 6i-6j) $659,477 $112,850 $24,442 $83,000 $879,769 " `r$i�.��'�,��`,'���::` �"°�=��5.�'�'�"a."„�m�� 7. Program Income $Q Page 1 of4 SF-424A(Rev. 4-92) Previous Edition Usable Prescribed by OMB Circular A-102 Authorized for Local Reproduction ,•:r:x ;;"ga: �;:: . �v:r.��e%*°a�; �. ` .; �'�io ' aaeS.z`"°' .T, `" ��..s 'r"�, ""s�.�: .i,� �; .,.� "� � `, �k'�+"�fii` ,< . "�'+„"*` � ':i'�v"°"�` � e, 4`:?'$:":","'r��` �' �aw`.:! ^'¢� �°:1 SectionC-Non-FederalResources � :���,Q_ ,��•����� ;��� � � �;�.��,-. �"�.a ��, �`� ,�;� �.,.-..� �z`�3„ e'S,a.°�� .J� 't�: ;"��'', <.��,. ,r�.�,.�:`im�^.'�°A�%��.'��i�'�`�,'a�:*.',�' � �. �,s��.�'...� ��,.x,. �'�$�3�� ..w�. 'n�'�...;�� (a) Grant Program (b) Applicant (c ) State (d) Other Sources (e) Totals 8, City Funds $112,850 $112,850 9. WDFW/Ecology $24,442 $24,442 10. Kitsap (County & Health District) $55,000 $55,000 11. Port, Pat Lockhart, Sustainable Bremerton, WSWC $28,000 $28,000 12. Total (sum of lines 8-11) $112,850 $24,442 $83,000 $220,292 `.=s ' ' s T° 'v;�' ',s< i a g'..a'�',r' '�.} a '-�°�a, x G'r ,,� � �< �s,,.a��:��, .�*- °> `,.r�*,�.. SecUon D-Forecasted Cash Needs �:���°.�;�,��r`��.;����Y�����;��:����~�";� :�`��°�r;;�..T�,f��-.� �-, Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4th uarter 13. Federal $342,940 $62,848 $62,848 $108,622 $108,622 14. Non-Federal $138,921 $23,955 $23,955 $45,505 $45,505 15. Total (sum of lines 13 and 14) $481,861 $86,804 $86,804 $154,127 $154,127 ��.�'�>'.r� � 'ro���, 4�:•i.; . T� "`�` -;.`.��. ip ,�s r... ; r, � ,* ��� . Sectlon E - Bud et Estimates of Federal Funds Needed for Balance of the Pro ect „� � ""�" ' �'�� �` ��" '��� "� ' �'� � `°''�"� °° ��� �` � `�" :t�'�.'�"` a.s;� .� �^"^"��a , .��''�i },i�;' �s>< 9 J ��r �:;��f��,��;��';��`�:�p._�.w<�u ,.`���.,���.�-' _,�.���� �s-�.... �:���,:�yu_ ��. � .m�;-�,- � �� . ��.� s�� Future Funding Pe�iods (Ysars) a Grant Program (b) First (c ) Second (d) Third (e) Fourth 16. Puget Sound Watershed Management Assistance Program $316,537 $0 $0 $0 17. Non-Federal sources (see Section C for source break-down) $81,371 18. 19. 20. Total (sum of lines 16-19) $397,908 $0 $0 $0 h� ° �A, Y �RS; �'°r °.w21�^ . �=re..- .� F. k � , .. °�:" ` . :a;>�«=�, °c .� ;��.�,c, i°�;ar'a� `+�' �> Y, :�,`�'-" s� " e' ;�aas r. - `� . �r' Section F - Other Bud et Informatton ��,�'°` . �", :�;��-,� � �� �� '�*���� ��`�'��' � � � _' �,� �° ��-�' ��„ ��`� �� � �' � �,.C�s �` � � _� f � �:�a � 9 ' �b ;4;�`;z�°'M?�' �'^s�,',;f,�,;�#r�r`Fr� .,°�,,'•: �'��.�'s+��'�zr'„'?+e��".€tc*;n��;�,�ai.�`rw�"�w'� s;'tS.;�i�,�"^`` ^��°:'•:� �`�^,�^:.�at�.,�"�-�^'ne�".�";�` ,:�R� "� ',�;a�� 21. Direct Charges 22. Indirect Charges 23. Remarks Page 2 of 4 SF-424A (Rev. 4-92) Previou's Edition Usable Prescribed by OMB Circular A-102 Authorized for Local Reproduction Instructions for the SF-424A Public Reporting Burden for this collection of information is estimated to average 3.0 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Please do not retum your completed form to the Office of Management and Budget; send it to the address rovided b the s onsorin a en . General Instructfons For continutng grant program applications, submit these forms before the end of This form is designed so that application can be made for funds from one or more grant each funding period as required by the grantor agency. Enter in Columns (c) and (d) the programs. In preparing the budget, adhere to any existing Federal grantor agency estimated amounts of funds which will remain unobligated at the end of the grant funding guidelines which prescribe how and whether budgeted amounts should be separately period only if the Federal grantor agency instructions provide for this. Othervvise, leave shown for different functions or activities within the program. For some programs, grantor these columns blank. Enter in columns (e) and (fl the amounts of funds needed for the agencies may require budgets to be separately shown by function or activity. For other upcoming period. The amount(s) in Column (g) should be the sum of amounts in programs, grantor agencies may require a breakdown by function or activity. Sections A, Columns (e) and (fl. B, C, and D should include budget estimates for the whole project except when applying for assistance which requires Federal authorization in annual or other funding period For supplemental grants and changes to existing grants, do not use Columns (c) increments. In the later case, Sections A, B, C, and D should provide the budget for the and (d). Enter in Column (e) the amount of the increase or decrease of Federal funds first budget period (usually a year) and Section E should present the need for Federal and enter in Column (fl the amount of the increase or decrease of non-Federal funds. In assistance in the subsequent budget periods. All applications should contain a Column (g) enter the new total budgeted amount (Federal and non-Federal) which breakdown by the object class categories shown in Lines a-k of Section B. includes the total previous authorized budgeted amounts plus or minus, as appropriate, the amounts shown in Columns (e) and (fl. The amount(s) in Column (g) should not Section A. Budget Summary Lines 1-4 Columns (a) and (b) equal the sum of amounts in Columns (e) and (fl. For applications pertaining to a single Federal grant program (Federal Domestic Assistance Catalog number) and not requirtng a functional or activity breakdown, enter Line S�Show the totals for all columns used. on Line 1 under Column (a) the catalog program title and the catalog number in Column (b). Section B. Budget Categorles In the column headings (a) through (4), enter the titles of the same programs, For applications pertaining to a single program requiring budget amounts by functions, and activities shown on Lines 1-4, Column (a), Section A. When multiple functions or activities, enter the name of each activity or function on each line in additional sheets are prepared for Section A, provide similar column headings on each Column (a), and enter the catalog number in Column (b). For applications pertaining to sheet. For each program, function or activity, fill in the total requirements for funds �(both multiple programs where none of the programs require a breakdown by function or Federal and non-Federal) by object Gass categories. activity, enter the catalog program title on each line in Column (a) and the respective catalog number on each line in Column (b). Lines 6a-i—Show the totals of Lines 6a to 6h in each column. For applications pertaining to multiple programs where one or more programs r8quire a breakdown by function or activity, prepare a separate sheet for each Llne 6j—Show the amount of indirect cost. program requiring the breakdown. Additional sheets should be used when one form does not provide adequate space for all breakdown of data required. However, when more Line 6k—Enter the total of amounts on Lines 6i and 6j. For all applications for new than one sheet is used, the first page should provide the summary totals by programs. grants and continuation grants the total amount in column (5), Line 6k, should be the same as the total amount shown in Section A, Column (g), Line 5. For supplemental Lines 7�, Columns (c) through (g) grants and changes to grants, the total amount of the increase or decrease as shown in Columns (1)-(4), Line 6k should be the same as the sum of the amounts in Section A, For new applications, leave Columns (c) and (d) blank. For each line entry in Columns (e) and (� on Line 5. Columns (a) and (b), enter in Columns (e), (fl, and (g) the appropriate amounts of funds Llne 7—Enter the estimated amount of income, if any, expected to be generated from needed to support the project for the first funding period (usually a year). this project. Do not add or subtract this amount from the total project amount. Show under the program narrative statement the nature and source of income. The estimated amount of program income may be considered by the federal grantor agency in determining the total amount of the grant. Page 3 of 4 SF-424A (Rev. 4-92 Previous Edition Usab�e Authorized for Local Reproduction Prescribed by OMB Clroular A-102 Section C. Non-Federal Resources Section E. Budget Estimates of Federal Funds Needed for Balance of the Project Lines 8-11—Enter amounts of non-Federal resources that will be used on the grant. If in-kind contributions are included, provide a brief explanation on a L6nes 16-19—Enter in Column (a) the same grant program titles shown in separate sheet. Column (a), Section A. A breakdown by function or activity is not necessary. For new Column (a}—Enter the program titles identical to Column (a), Section A. A applications and continuation grant applications, enter in the proper columns breakdown by function or activity is not necessary. amounts of Federal funds which will be needed to complete the program or project over the succeeding funding periods (usually in years). This section Column (b}—Enter the contribution to be made by the applicant. need not be completed for revisions (amendments, changes, or supplements) to funds for the current year of existing grants. Column (c}—Enter the amount of the State's cash and in-kind contribution if If more than four lines are needed to list the program titles, submit additional the applicant is not a State or State agency. Applicants which are a State or schedules as necessary. State agencies should leave this column blank. LBne 20—Enter the total for each of the Columns (b)-(e). When additional Column (d�Enter the amount of cash and in-kind contributions to be made schedules are prepared for this Section, annotate accordingly and show the from all other sources. overall totals on this line. Column (e�Enter totals of Columns (b), (c), and (d). Section F. Other Budget Information Line 12—Enter the total for each of Columns (b)-(e). The amount in Column (e) Line 21—Use this space to explain amounts for individual direct object-class should be equal to the amount on Line 5, Column (� Section A. cost categories that may appear to be out of the ordinary or to explain the details as required by the Federal grantor agency. Section D. Forecasted Cash Needs Line 22—Enter the type of indirect rate (provisional, predetermined, final or Line 13—Enter the amount of cash needed by quarter from the grantor agency fixed) that will be in effect during the funding period, the estimated amount of during the first year. the base to which the rate is applied, and the total indirect expense. Line 14—Enter the amount of cash from all other sources needed by quarter Line 23—Provide any other explanations or comments deemed necessary. during the first year. ' Line 15—Enter the totals of amounts on Lines 13 and 14. Page 4 of 4 SF-424A (Rev. 4-92 Previous Edition Usable . 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I ` �� � \ y . .1 :. t � . 1. \ �1 � � a i 1 ' � / � � t w �^� ; � ' � �.� �.�-� �1' _, � ) i ) 1 w �'� . .`s' . � � . \ �:"v �.. � r � � � r-,' i- ,.-- ) /- / i - \ i- � �1 ti , r� ..'� � �''�'y^ '1, . l l � � �' � � � 1 � ) (� � , �`�'4;,���� : t �aa1{�r i���, f f _<� � �r x , �u� ose a� �er�ef� � r : j ,, �.� � ��� a : � . , ... , ;,� ..`:.�.` ;. � � �� � ��.�:.� E; � . �> > t , I `', t:;�� {; -� i L � ,_ • Th m r hensive PI n Includes: '�J ��=-������' � � �� � � �:� � e Co p e a : �` � ,�r, ,, � � � � �- r � �'� � _ �-�: '"s' `� �� . = �_`` � ,,"y s f�,. .. ` �. . _ <.p�- �• . • Watershed Characterization Study � ;; � �7 x ���� 7 � �- =--�� � � ` ���`� � E ���� = � __ � �f ;,., �, r� ��- Identif critical areas & developable areas � '; ��� :� �� � r��A - � �R={= -�t�: • y �� r a . _ � '�.v. -- �:_-__ s . _ �: _ . _ _ ,�-s.r :�a • Land Use Plan and Development Regulations • Required for GMA compliance, annexation coordination, and is an excellent way� to coordinate planning & growth with Kitsap County • Planned Action EIS � - • Establish baseline/no permit criteria throughout the watershed • Stormwater Plan . • Develops hydrologic model and identifies existing ��issues • Capital �Improvement and Corrective Action Plan • Develop CIP; Pre-design Gorst landfill and Gorst Creek culvert corrections • Outreach and Information Transfer � • Series of ineetings to share information with others CLTT OI ' BREMERTON 4 � � � � O O � � O �� Cv���� � � D `�a `� 0 o D / O D o � . o r �a ���� o � �o ��� �� aa� � a ��� �� �o � . 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This main was in use from reservoir 12 until sometime in the mid 1950's when it was abandoned and new mains placed in Sanders and Halverson Avenues. ATTACHMENTS: 1. Council Swnmary; 2. Release of Easement; and 3. Plat Map. FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOR: , CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: �` �COMMITTEE CHAIR . , �� � COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING RECOMMENDED MOTION: Move to approve the Release of Easement and authorize the Mayor to finalize and execute the Release of Easement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Vacation of Wood Stave Water Main in Halverson Addition COUNCIL SUMMARY SUMMARY The City of Bremerton has been approached by the owner of Lot 18 of the Plat of Halverson Addition (Volume 8 of the book of plats, Page 33), situate in Section 12, Township 24 North, Range 1 East, W.M., City of Bremerton, Kitsap County, in regards to vacating an easement for a 12-inch wood water main. Said easement was originally dedicated to the City of Bremerton by the United States of America in a deed of dedication recorded September 19, 1949 and is shown on the face of the plat drawing. This main was in use from reservoir 12 until sometime in the mid 1950's when it was abandoned and new mains placed in Sanders and Halverson Avenues. No further need for the wooden main is required as the newer water mains in the adjacent streets adequately replace it. In addition, the route of the wood main is overlaid with residences and other private property improvements further rendering this easement useless for City purposes. Council Summary March 2010 Return Address: City Clerk City of Bremerton 345 6�' Street, Ste. 600 Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Release of Easement Reference Number(s) of Documents assigned or released: Grantor(s): 1. The City of Bremerton � Additional names on page of document. Grantee(s): 1. Phyllis Summers 2. Marie Stuart 3. Raymond Midence 4. Martin Lewis 5. Jadwiga Kellock � Additional names on page of document. Legal Description: Lots 8, 9, 18 and 19 plat of Halverson Addition, Vol. 8 book of plats, Page 33, records of (abbreviated) Kitsap County, WA. � Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: 3924-000-018-0007 3924-000-019-0008, 3924-000- 008-0009 and 3924-000-009-0008 Pro ect Name: N/A RELEASE OF EASEMENT (City of Bremerton Grantor) THIS INSTRUMENT made this day of , 2010, by and between the CITY OF BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington (hereinafter "Grantor") and Phyllis Summers, Marie Stuart, Raymond Midence, Martin Lewis and Jadwiga Kellock (hereinafter "Grantees"). Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, does by these presents grant, convey, release and quit claim forever unto Grantees, their successors and/or assigns, all its right, title and interest in and to that certain 12" wood water main easement as shown on the face of the recorded plat for Halverson Addition, as recorded in Volume 8 of the book of plat, Page 33, records of Kitsap County, Washington, over, under and across the real property in Kitsap County, Washington described as follows: RELEASE OF EASEMENT- Page 1 of 2 Lots 8, 9, 18 and 19 of the plat of Halverson Addition, as recorded in Vol. 8 of the book of plats, Page 33, records of Kitsap County, Washington , GRANTOR: CITY OF BREMERTON By: Patty Lent Its: Mayor DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this _ day of , 2010, before me a Notary Public in and for the State of Washington, personally appeared Patty Lent to me known to be the Mayor of the City of Bremerton, a municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear Wrthrn Th:s Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney R U.egalU.egal�Departments-Generel�P W& Wtelease of Easement - Halverson wood water mam doc RELEASE OF EASEMENT- Page 2 of 2 H�ILYERS 01Y �DDI?'101Y OE3CR/P710N fiii p/o► o! 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Tar�ihlP PI eo h, anpe / o N: . 7Mf o// rssr d O! nes ibo�n on aa�ef, fAO! 1Ni � ! , /3G/� � masrmrnh bor� A�in ad ond /oI ornsn n bse �leitd on prormd. 2 I I e�s 7� �'�'l� P^�l�i� - � 4 � Ig , � �+' v � � "� I:� � Pro�.artone� cond .sorre►ror � �a B � � ...s��.r�tjy7 �o�,t j i /39 9d � O �►Y �— � � �I�u � a Jr w � � APPROVAL3 ¢'-- �,__, '� ip Q � 2 TREA3fJRER$ CERT/F/CATE � Appmrsd Or ny Mh�s� dar os ��� a.c. isss �P7.FP a.�or'w• ° � � �*�� � Z I, Titot�rtr o/ KlfaOp counr� Woshinpfon , As�ab/ etrflJr lAa/ a// Mt fo.tes � �g` . /� __- � on Ihr obor� pioperry on e.►smpl ap ro ond ine/adinp fM �yor /935. , .�lr�iiyr� ✓ �� � � Y h � , Cih EI7p11lIK ; cr r oi e�m,���en ��� �� 4 w � Q�J� , ° ° I ��� �� Nd9�� M' I irot • r Kf/soP C y � � q�ror�d Ml� A D. /Af1. � � � � I •�..� . -t<._..---�-t L../ � ���, C ry P/onnmp �miit/on n/ory , C�ry Plonniny CanaiJS' ac av v � W �- - ---- AS.'�.l6 a� ---� �, st j S N E' R/ O A/�/ R O q p � Apvrore0 er �ns eooro o� cnr c m�:,rw,en rna ��T� ury oi Ma� a, o. iRSs -�'— �ye9°o.!'36"w ---- � ,/ a ry �� � �N / /�/ - x UNPGATT£D , a��eifrenr c�ry o�ron ' Moyer . dlr ol anmerAVn DATE SUBMITTED: March 17, 2010 7� AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SU� CT: Public Hearing and Ordinance Committee Meeting Date: March 2�, 2010 No. 7 '�� to vacate an Alley between 1 COUNCIL MEETING Date: _Apri17, 2010 and 2" East of Pacific Avenue. Department: PW&U Presenter: Michael Mecham Phone: 473-5288 SUMMARY: As part of the development of the 1 St and Pacific Plaza and redevelopment of 190 Pacific Avenue, the City has initiated the vacation of an alley between 1 St and 2" Streets, East of Pacific Avenue to allow better use of the site. This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code on the proposed ordinance vacating the subject property. In accordance with BMC 11.20.080(d), no compensation is required. ATTACHMENTS: l. Ordinance No.��O�; 2. Exhibit A; and 3. Staff Report. FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOR: . CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: �` a COMMITTEE CHAIR . � i ` C7�'��-d� COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance No. 51o6to vacate an Alley between 1St and 2" Streets, East of Pacific Avenue. Am�endc.�. fo �h�i�� P►-�vis�� - fa ''r � y �,rv ��� p���.� �,�;�;� �� � r ��'o.:,ne d S �'''� e�'CS � w� 1-I1� � r�r n o t o h9er h�e �(er,t, „ COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5106 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of an alley situate in Block 9 of the Plat of the Town of Bremerton, bounded by lst and 2" Streets, and Pacific and Washington Avenues in the City of Bremerton. WHEREAS, the City has initiated the vacation of the alley between l and 2" Streets, and Pacific and Washington Avenues in the City of Bremerton; and WHEREAS, the City passed Resolution No. 3111 declaring its intention to vacate the alley between l and 2 °d Streets, and Pacific and Washington Avenues, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on April 7, 2010, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council finds that this vacation is sought to benefit the development of a public plaza and the adjacent parcels; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation and require all private utility easements be retained until they are no longer needed; and WHEREAS, the City Council has directed the preparation of an ordinance vacating the alley; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. SECTION2. That alley between l st and 2 Streets, and Pacific and Washington Avenues in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owners. 1 Alley Vacation between I & 2" Streets - Ordinance SECTION 3. Severabilitv. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. �'fective 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 , 2010. Nick Wofford, Council President Approved this day of , 2010. PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2010. EFFECTIVE the day of , 2010. ORDINANCE NO. R:\Legal\Legal\Ordinances�Public Works & Utilities\Vacation-alley 190 Pacific.doc t 2 Alley Vacation between l & 2" Streets - Ordinance EXHIBIT A LEGAL DESCRIPTION FOR VACATED ALLEY BOUNDED BY 1 ST AND 2 ND STREETS, PACIFIC AND WASHINGTON AVENUES All of the alley as shown in Block 9 of the Plat of the Town of Bremerton as recorded in Volume 2, book of plats, Page 30, records of Kitsap County, Washington STREET VACATION REQUEST ALLEY BETWEEN 1 STREETS AND PACIFICIWASHINGTON AVENUES ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: March 3, 2010 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: City of Bremerton 345 6 Street, Suite 600 Bremerton, WA 98337 Location: Alley in its entirety, lying in Block 9 of the Plat of the Town of Bremerton. Bounded by 1 Streets and Pacific/UVashington Avenues. BACKGROUND The City of Bremerton initiated the vacation to facilitate the redevelopment of the former West Sound Bank property on the west side of the alley, which is being purchased by the City. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Alley N/A • R-O-W Width 14 feet N/A • R-O-W Areas 2,940 sq. ft. N/A � • Pavement Width 14 feet N/A • Surface Type Asphalt N/A • Curb and Gutter None N/A • Sidewalks None N/A 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: With the incorporation of this alley into the adjacent private properties, this portion of the right-of-way will not be required for public use. Access to the March 2010 Alley vacation befinreen 1 Streets and PacificlWashington Avenues Page 1 of 4 properties will be by the adjacent City streets, 1 and 2" Streets and Pacific Avenue. 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: Vacating this right of way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: Adjacent property owners support the City's anticipated redevelopment plans for the site. No objections have been received from any owners to date. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. Puget Sound Energy, Qwest, Convergence, Cascade Gas and Comcast will retain easements. No City owned facilities are in this portion of the alley and no easement will be reserved for the Clty. SUFFICIENCY OF SIGNATURES Not Applicable - The City initiated the vacation. March 2010 Alley vacation between 1�/2" Streets and Pacific/Washington Avenues Page 2 of 4 CORflPE�SATlO�I IVot Applicable - The City initiated the vacation. STA�F RECO�fiRflER1DA'TBO� City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested with easements reserved for all existing utilities. , .. � ,: . - ,..'� . - ... - a� ._. , , � ---___ {�L ��,7 � � '���� � �� �� � �� � � � c 0� � � �_}� ° .1�+ •, ��6 ' � � �, �� ° `� , �4= �' ��� �� � o� � � � ,,�,, � ' ° D _ _.� }`.� " � � � � � �'.'�'s�y o 6 � e . �� r'� � o ���,�� � � ` � -..-�.�,��.�._ _-�- ��� ' w o „ _ _ . � " _ , _��,.,..,,. �.r • _ �...- ..+ - . . « � `\. _ " - -_� __..._.. _ ' ' ' �( ~ .� ' ' _ _' •• y� � �. ' _ _ OFJo/S//oCSIuIUO�UUo��U Looking southerly from 2" Street down alley, former West Sound Bank is on right. March 2010 Alley vacation between 1 Streets and Pacific/VNashington Avenues � Page 3 of 4 �____ , _ ____ _ __ I ,.;� `. � il!' � , _� � � � , � �_ � y ° 4i� > . �.6 . p y I - � ' " �' A � ��'�--.'��____, ���F � � � �- _ '� / �' -I„''CI � � , oo�a000 � Qo � � 3 � ��..�V � � . � f` [ { ` ^-� C � A.� i 1 � ... o O � ° �� a.3.� ' p ` , \ S. 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' ° , G•. • '. ��.- . � o _ �' � ; � _ ' � �`- � =�°�. � � g � , a a� . ° ° �---- _ �� , � � , " , a "� ° ��,� ° < ; ` 'rA p': o� "� _ � `-C � - s'e� a `� � � ° o a � �' a � �R � <r� � �, � - � R ,gc.- a � z �� o , � o6^oe �o G.o�.. pQ��� T�°4Q'- �.-w dP �q��`Gx� • �Y.T+21�d'�B �0 e ev 9 0� '8s8 q ° �� +F , •� ° ' U O#�s ° o `� C �e� �+- rx �� � � R. ` °, ° e a 0. � nm��KoS°•• ��� y 8 �� �'•� `r` a 4 � , ��p 4° c °� ' _ .: 4 Y " " y �'�$ .� ,a p v� � c �93 `lD °"EqGt o �"C • - a F�� �a . • , - . `� ._ . 1 • i . .�.` , �s�+"e �� O L'i."J�OO ��O �~7 .� � Looking northerly from 1� Street down alley. �.._ � , _ - o �£�•� - - r l e � �~_ `..�o° � $ � ��� �����' ' I S � )� � �' ; 'f��� ' � ��� � ° �Y t' f � � � .,� i ,� � ��� ��� d� 1�,� '� v f � .t �'` ., , � .� � �� ,�� ���' �� '� � �� � i , � � . f, � �r , i � t � � , .��� , � . , , �� , � -'^�'_°' � � � f � - ' �' s � � , � , . �� {� / � n � c •% +, � 4f ��� e . � � ± o e � * �� � , � � m /° T �_�� � ' �� • , � ° - fl �°�,� �� ' . � � � '� r: - � , • , - "r/ r � ' ' e , a ����"' �> c , � x � �". � � o .e - _ 'v-° � � } xs . ""-�-��. > - -r a� �- , B � <�..��^' � : r-✓•, �'"°� ° . � b o 0 0� oe �� .. D ' i ��° ° o Q r( .� e � � , w 0 ° Q M a � '� � , � � _ � ° o ° �ao eo�� _ �UQL�iII � !7 y�"io� .> � . " , �` �' � o • ''�. � ' ��- ° `DO� � . --�� , • �--�,_ 6, „ _ �d� .. o ' ° � ��� � ' � _s:�'o'��' . �"'` �' " , 'b . � j Visible utilities at approximately mid-block in alleyway, telephone and power. March 2010 Alley vacation between 1 Streets and PacifiGVllashington Avenues Page 4 of 4 � Qwest� � Spr'rl� of Servic� April 7, 2010 Re: Bremerton City Council Ordinance No. 5106 As it is the council's intention to vacate the alley between 1 St and 2 streets and as Qwest has existing underground facilities in that alley serving the Naval Museum and the businesses along 1 St street, Qwest requests that the easement provided to maintain those - facilities and to provide facilities for future development be sized at a 14' width which is the width of the existing alley. This will allow adequate working access for the vehicles necessary to maintain those facilities. Sincerely, , o � Jack Oakley 611 6�' Bremerton, WA 98337 360-478-5930 I\