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Home My WebLink About05/19/2010 AGENDA ( � I � �� . .. , w � , J � � � G�OUS7 O� � �� fv""�.�1�`' �� I CITY COUNCIL 345 6� Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280 Y ' � ***AMENDED(2 MAY 19, 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. I nvocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — May 5, 2010 C. Minutes of Study Session — May 12, 2010 D. Updated Water Service Agreement with the Rocky Point Water District E. Installation of required Police Equipment in three (3) 2010 Ford Crown Victorias F. Request to change name of Kiwanis Pla�eld to Kiwanis Park G. Public Works Construction Agreement with RoBirvsoN ConnPatvY, INC. for the remodel of the property on the SE comer of 6�' Street & Park Avenue (formerly Kitsap Bank) for the Municipal Court Building i , H. Item postponed until June 16... 6. GENERAL BUSINESS ' A. Grant Agreement with the State of Washington and the Recreation 8� Conservation Funding Board for Kiwanis Park Improvements B. Resolution No. 3117, establishing conditions for the Limited Tax General Obligation (LTGO) Bonds for the Park Plaza Project, the Lions Field Renovation, and for the Purchase and Renovation of a Building to be used as a Municipal Court Building 7. COUNCIL MEMBER REPORTS 8. EXECUTIVE SESSION A. 30-Minutes to discuss "Potential Litigation" per RCW 42.30.110(1)(i); and Acquisition/Sale of Real Estate per RCW 42.30.110(1)(b) Action is anticipated... - 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING � Americans with Disabili6es Act (ADA) accommodations provided upon ►equest. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday p�ceding the Council meeting. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECOIZD 0 I C� �...;� ��- � � � , � � � � �� <<<� -� � � �(P�.� �-�v "� REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU Bremerton Urban Hens PO Box 5720 . Bremerton, WA 98312 ; May 11, 2010 Bremerton City Council , 345 6th Skreet Ste. 600 , . .. . . _ . . Bremerton WA 98337, . � ., .' � , ' • .. Dear Bremerton City Council President Wofford: We represent a small segment of a large group of citizeos in Bremerton who want to be able to keep hens legally. We welcome the opportunity to engage direcdy with you and the rest of the City Council on this matter. ' First, we would like to convey to the Council that this is a movement initiated by the citizens of Bremerton. Many of us have been fighting for our backyard hens for many years in our own individual ways, finally realizing that without organizing into a group, we would accomplish nothing. This group and our Citizens Initiative is a culmination of years of frustration about being denied access to hens and 6omegrown eggs. This issue did not arise overnight. , Second, we do not believe that Bremerton will be on the "leading edge" if urban hens continue to remain illegal here. Hundreds of municipalities across the country have legalized hens, from large metropolitan areas like Washington, D.C..and New York City, to smaller towns like Salem, Oregon; Madison, Wisconsin; and Loveland, Colorado (roughly the same size as Bremerton at 59�63 residents). In our research, we've found litde evidence of enforcement issues or " costs involved with enacting an ordinance similaz to ours, even in ci6es that are much lazger. , Most important, we prefer to work with the Council and see a reasonable law enacted. If suc6 a law were passed before our election deadline, we would reconsider submitting ihe Initiative. We ask that the Council be the entity that creates solid policy around khis issue, and also retains the ability to change it in the future. As we.understand it, this will not be possible if a Citizens Initiative is voted into law. However, at this time, it remains our only option. ' We respectfully ask that you prioritize this issue, and briag it onto a Council agenda within the next six weeks. We , want to listen to concems Wat are held among the Council and request the opportunity to work with Council to ensure a safe, sane law is enacted quickly and with as little fuss as possible. We believe that together we can create solid policy . that will satisfy all concerns. We are flexible, reasonable, and willing to be creative. - ' We also recognize that the city is facing many urgent and pressing matters, and we respect thai some may feel too much time has been spent already on this issue. However, the ability to responsibly own hens for eggs and as pets is near and deaz to the hearts of a large number of people living in your Districts. We believe that your priori6zing this - issue will demonstrate that you are aware of the issues important to them, and are interested in making their day-to-day lives better. This law will have ia� ediate and lasting impact • - We hope that you will see our group not as your adversary on this issue, but as your ally, and as a personal connection � to the people who elected you to serve. Thank you for your time and consideration of [his matter. If you have any questions or would like to discuss this matter further, you may contact Patty Zwick at (360) 440-0850 or info@bremertonurbanhens.coin. �- Respectfully, ' � Citizens of the City of Bremerton, WA � � ' � - � � ' (Signatures attached on the following page) Cc: Carol Arends, Adam Brockus, Cecil McConnell, Jim McDonald, Will Maupin, Roy Runyon, Dianne Robinson, � Greg Wheeler. � � � Name Address District Si nature mar -� �\�, 1� �-� lte .ST �?�0 3 � .� �a� �: " � 1�'� �, '� v^?l � Yt t� /� f V� � �..a- a�-I<.� � �` � . . � 4�L � � �•�.� ��1�. � � � � 3�' ��Ae 28 �a �k� S� � � `� , �� r� d �.� S!. w�/94/� J c�A.2w`c-� d'L\\v► l.l CO� ��. � ` 7 � . � � . , . .. . -.. � . F . � .,� . , , . � . . .. � . , �. .. � � . �; .- . . _ � �. . _ � , , DATE SUBMiTTED: 5/19r1010 , AGENDA BILL. � CITY OF BREMERTON CITY C�UNCIL ssasssoaeravood�nassaoaaaaws�oessr�moasaoaoasea000aa�aa�esassosasnoanpassesasasaaoa�v�eaear� SUBJECT: Committee Meeting Date: � COUNCIL MEETING Date: May l9, 2010 Claims & Check Register Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 5UMMARY: � Consent Agenda item. Approval of checks and electronic fund transfers. AT'I'AC�IIVIENTS: Check Register. FISCAL INiPAC7'S (Inciude Budgeted Amount): , APPROVA�.S:- DEPARTMENT DIRECTOR: . CITY ATTORNEY: FTNANCE DIRECTQR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: � COAISENT � AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECO�� ro�ro�: 1) Check #'s 33758b through 337818 and EFT's 9725 through 9862 in the amourrt of $3,253,839.48. 2) Regular Payroll for the pay period ending April 30, 2010 in the amount of $?6,311.76. 3) Regular Payroll for the pay period ending May l S, ZO l 0 in the amount of $729,198.92. ' COUNCIL ACTIUN: � Approve ❑ Deny ❑ Tabte ❑ Corrtinue ❑ No Action i i i 1 ��:� i i�. �� i;��ri�i�i:i�: .. . .�GF:VD:� 1311.1. ('i'f'Y OF E3R[:�IE:R'fUN ('ffl�' ('Ol;ti('ll. .......................................................................................� til'B,IF:C"T: ('ity C'��unrii �-lcctin�; Minutcs ('��nimiu�c �lc�tinti [)atc: V;:� ti�r mcctinJ of� �'� �Utic �II. ��ll•:l: I�IVc► I):�tc: M a D1D �n� [h��tu•tm�nt: ('itv f �iui�ril /'(Qc. .7� oZ D/0 I'rescntcr: virk �Voffurd, C 'uuncil Presiaent I'h��nc: ( �6O) -�73-528U tiU�1��1�►RY: Attached is the summary of the City Council !�tcetin� hcl�i /�q S ao/o ATTACHMENTS: Meeting Minutes for �Q y S �10/0 FISCAL IMPACTS ([nclude Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President C[TY ATTORNEY: N/A FINANCE DIRECTOR: N/A viAYOR: N/A � ('OMMITTEE CHAIR N�A c'(.)1.1N('lL PRESIDENT: I C'ONS[:NT AGENDA � � (,ENER��L BUS[NESS ❑ _ Pl �BL(C HE��RING ❑ IZ[?('O�I��IE;VDF.D ��(O't[UN: � `lu� r tu a��rc��•c mcc:tin� minutes as ��res�ntr�f. ('Ul'�('ll. .�('7'tO�l: ❑ ;1��prove ❑ Ikny ❑ fahlc ❑ ('untinu� ❑ Nu .lction DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, May 5, 2010 The weekly meeting of the City Council of the City of Breme�ton was called to order Wednesday, May 5, 2010, at 5:00 PM 111 COUIICII CO�f@�@�Ce R00111 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 Assistant City Attomey Ken Bagwell; City Clerk Carol Etgen; and Council Assistant Christine Grenier. A CouNCi� BRiEFiN� 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. The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Council Member Dianne Robinson. MAYOR'S REPORT Mayor Patty Lent... • Proclaimed May 9-15, 2010 as "National Women's Health Week° ; • Announced that free health screenings will be offered to women by the Kitsap County Health District and Peninsula Community Health on May 10 from 9:00 AM to 5:00 PM and May 11 from 8:30 AM to 3:30 PM at the Suquamish Clearvvater Casino; • Proclaimed May 2— 8, 2010 as "Drinking Water Week"; • Was pleased at the attendance at the Kitsap Water Festival at Olympic College; • Attended a recent fishing derby sponsored by the Kitsap Poggie Club; • Mentioned the Bremerton's Rescue Mission will be holding its first fundraiser on May 13 at the Bremerton Sons of Norway to raise money to feed the homeless and job training programs; and • Encouraged the public to celebrate Asian Pacific American Heritage Month by recognizing Asian contributions made in the community and to Washington's economy. President Wofford introduced Bill Stewart, Executive Director of the Kitsap Economic Development Alliance (KEDA) to provide a briefing to Council. PUBLIC RECOGNITION � ANNOUNCEMENTS Katrina Fulkerson, Kitsap Family YMCA, announced that there will be a"Healthy Eating Basics Class" tomorrow night at 7:00 PM; and asked that if anyone would like to make a donation or volunteer is welcome to contact staff at the YMCA. Jack Arends thanked Council Members Greg Wheeler and Dianne Robinson for honoring his mother, Carol Arends, at the YWCA Recognition Luncheon held last week; and was thankful that Carol beat cancer and added that every day is "Mother's Day". Tom Baker discussed possible ideas for the future of the farmers markets in Bremerton which he had discussed with Parks & Recreation Director Wyn Birkenthal; hoped that the market may have a permanent structure; and encouraged people to support local farmers by buying locally grown produce which will also mean that less fuel will be used to transport the food. Mar1e Vila explained that the board for the farmers market is striving for a long term plan; and also hoped that a solution may be found to find a permanent structure. CONSENT AGENDA A. Check Numbers 337389 through 337585; and EFT-9785 through EFT-9824 in the amount of $1,357,612.08; Regular Payroll in the amount of $759,733.36 for the pay period ending April 30, 2010; and Retiree Payroll in the amount of $82,084.65 for the pay period ending April 30, 2010. B. Minutes of Meeting — April 21, 2010 C. Minutes of Study Session — April 28, 2010 City Council Reg. Mtg. Minutes Wednesday, May 5, 2010 Page 2 of 4 -� -�� D. Resolution No. 3114 approving Phase I of the Bay vsta Final Plat (known as Bay Vista South) in the area foRne�ly known as °West Park" E. Inte�local Agreement with the City of Shelton for Interim Traffic Signal Repair and Maintenance Services F. Authorize expenditures for Legal Services Agreement with Gordon Thomas Honeywell G. Approval of the SR303/Manette Bridge — Bridge Replacement City Construction Support Cooperative Agreement H. Resolution No. 3116 authorizing the Local Agency Agreement for Pacific Avenue Improvements (6"' and 11"' Streets) There wer�e no questions or comments from the public. .. 05:59:49 M/S/C/U (Arends/Runyon) Move to approve the CoNSENT A�EN�A as presented. GENERAL BUSINESS — There were no General Business Items tonight... PUBLIC HEARINGS 8A — RELEASE OF WATER EASEMENT FOR HARRISON HOSPITAL: Larrv Matel, Managing Engineer, stated that Hamson Hospital has asked the City to vacate a 10- foot water easement for a water main. The easement is depicted on the face of the plat of the Third Addition to Sheridan Park. A review of City reco�ds finds that the easement to have never been utilized by the City, nor does it appear likely that the City would ever need the easement. As such, staff supports this request. President Wofford opened up the public hearing... �th no questions or comments, the hearing was closed to the public... 06:03:01 NUS/C/U (RobinsoNWheeler) 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. 8B — ORDINANCE NO. 5111 AMENDING BREMERTON MUNICIPAL CODE IBMC) TITLE 20 OF THE ZONING CODE RELATING TO COMPREHENSIVE PLAN20NING CODE CONSISTENCY AND COMMUNITY FACILITIES: Nicole Ward, City Planner, explained that the action before Council is to conduct a public hearing and adopt an ordinance amending BMC Title 20 specifically: � 1) BMC 20.40 Figure B— Comprehensive Plan/Zoning Consistency by adding the zoning districts ; "City Utility Land" and °Industrial Park " to the Comprehensive Plan Designation of Industrial. ; 2) Adding °Community Facilities" to three zones: Low Density Residential (20.60), City Core � Residential (20.78), and Multiple Residential (20.79) in the same way as religious facilities are � cuRentty permitted within these areas. �� Pr�esidenf Wofforrl opened up the public hearing. .. With no questions or comments, the hearing was ; c/osed to the public... ; 06:08:07 Main Motion was made and seconded... � 06:08:39 Amending Motion was made and seconded... I President Wofiford re-opened the public hearing. .. W'�th no questions or comments regarding the 1 amending motion, the hearing was closed to the public and opened to the Council for discussion... i Mr. Runvon asked questions about the proposed changes. Ms. Ward explained that based on the ; proposed amendments, a non-profit organization would have to meet conditions but a church would not. ; , City Council Reg. Mtg. Minutes Wednesday, May 5, 2010 Page 3 of 4 Mr. McDonald emphasized that these changes wouid allow a neighborhood more control about what businesses could locate in the R-10 zone. Mrs. Arends believed that there are many groups that serve the community but may not fit in certain neighborhoods. Mr._ Mau�in asked for clarification if there are any churches in existence that would fit into the categor� of less than 20,000 square feet. Ms. Ward confirmed there are several churches between 6"' and 11 Streets by Naval Avenue. Mr. Runvon expressed concems about the proposed use by non-profits which may pose parking challenges. Mr. Brockus has observed heavy church activity in his district but parking issues have been wo�lced out. Mr. Wheeler agreed that issues can be worked out by neighbors living next to the businesses. 06:18:05 A-M/S/C (McDonald/Arends) Move to amend Ordinance No. 5111 by 1) eliminating "Community Facilities° from BMC 20.60.020, Outrightly Permitted Uses within the R-10 Zone which is in section 3 on page 3 of the ordinance and 2) add "Community Facilities under 20,000 square feet" as a Conditional Use to BMC 20.60.040 as Item "N" to section 4 of the ordinance with two criteria (a) additional landscaping outside what is required in BMC 20.50 (landscaping) may be required for screening purposes in order to mitigate impacts to adjoining residential properties (b) a parking analysis may be required to establish that adequate onsite parking will be available for the proposed use. Voted in favor Motion: Brockus, Wheeler, Robinson, Arends, Maupin, McDonald, McConnell, Wofford Voted opposed to Motion: Runyon Amended Motion carried: &Yes; 1-No 06:18:55 M/S/C (Wheeler/Runyon) Move to pass Ordinance No. 5111 to amend BMC Chapter 20.40 Figure B Comprehensive Plan/Zoning Consistency, 20.60 the Low Residential Zone, 20.78 the City Co�e Residential Zone, and 20.79 the Multiple Residential Zone. Voted in favor of Motion: Wheeler, Robinson, Arends, Maupin, McDonald, McConnell, Brockus, Wofford Voted opposed to Motion: Runyon Main Motion carried; 8-Yes; 1-No 8C — RESOLUTION NO. 3115 ADOPTING THE CDBG/HOME POLICY PLAN: Marie Vila, Community Development Block Grant Program Administrator, summarized that the CDBG/HOME Policy Plan sets parameters for the City's management of its HUD entitlement, including outlining the citizen participation plan, application and review processes, and eligibility and implementation requirements for grant funded projects. The 2011 Policy Plan's accompanying administrative documents have been updated for dates and anticipated funding, but otherwise have not been substantially changed from last year. President Wofford opened up the public hearing... With no questions or comments, the hearing was closed to the public and opened to the Council for discussion... 006:22:55 Motion was made and seconded; Council Members then began their discussion... Ms. Robinson asked for clarification on funding. Ms. Vila responded that $936,277 will be available for housing projects. Mr. McDonald was confident that 2010 will be a successful year for projects and looks forward to the process. Mr. Runvon asked if private development is included for proposed projects. Ms. Vila stated that economic development projects bring in jobs for low-income individuals can qualify for funding but there would need to be documentation. 06:27:40 M/S/C/U (Runyon/McDonald) Move to pass Resolution No. 3115 adopting the 2011 CDBG/HOME Policy Plan. City Council Reg. Mtg. Minutes Wednesday, May 5, 2010 � Page 4 of 4 COUNCIL MEMBER REPORTS Jim McDonald attended the Port of Bremerton's Jobs Creation Conference last week and thought the message of increasing retail was impo�tant to the redevelopment of any downtown and was relevant to what Bremerton is trying to do with the Park Plaza Project. He also attended the Kitsap Water Festival yestercfay and found it very educational and fun. Adam Brockus announced that Armed Forces Day Festival will begin on Saturday, May 15; explained that the bid opening for the Manette Bridge Replacement Project was delayed to May 12; announced that the Manette Neighborhood Coalition will be meeting on May 10 at the Manette Community Church beginning at 7:00 PM with Mayor Lent as the featured speaker; and encouraged people to support U.S. Census workers who will be canvassing the community soon. Rov Runvon merrtioned that he will be a judge during the Armed Forces Day Parade and encouraged people to come down for the event and to support downtown businesses; and encouraged people to support the Postal Camers Food Drive this Saturday which will benefit local Food Line programs. Grea Wheeler attended the YWCA Women of Achievement Recognition Luncheon which honored Carol Arends, the Grand Opening of the Fairtield Inn & Suites, the Grand Opening of the Humanities and Student Services building at Olympic College, and a Neighbofiood Block Watch Captains Meeting. He also announced that the Bremerton Farmers Market opens tomorrow at 4:00 PM. Dianne Robinson also attended the Block Watch Captains Meeting where citizens would like to pa�tner with the City to get homes in the Anderson Cove area up to code standards; and believed that recognizing Carol Arends was long overdue. . Carol Arends thanked Dianne Robinson for nominating her for the YWCA Women of Achievement award and thanked the YWCA for being a great organization; was a speaker at the Women's Luncheon at Charleston Baptist Church; praised the Parks Department for keeping Forest Ridge Pa�lc looking so nice this spring; and commented that today is her one-year anniversary of her cancer surgery and she is very thankful for her health. Nick Wofford also announced that Armed Forces Day will be May 15. With no further business, President Wofford adjoumed the Council Meeting at 6:39 PI1A. Prepared and Submitted by: — ---� W CHRISTI E ENIER Council Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg i ,I i�� i i� �t i3ntt ri�i�.i�: . � .�(;FVD:� 1;11.1. � ('l i'ti' UF 13RL::�IERTON �'f('Y (:'OtiN(.'IL. .......................................................................................� �l'BJF:C"1': ('itv (' ��UIICII VICI`Utl�: ��1IlUt�S ('��mmittrc �l��tin�� [)at�: V�:� �c�l' n1��Un� c�t' ('( )l ��!( �Il. \-ll:l:�l�IN(i I)at�: / �----- a �� 1 � Q l)r��art»icnt: t'ity ( ��uiiri ,�'f �d�'� oZ0/O ('res�nter: Nirk �Vufford, C'uuncit Presi�icnt I'hun�: (3(��)) =�73-5280 SU�I�I��RY: :�ttached is the s�uiimary of the City Council �leetin� hc(d �Q (a� aD/a ATTACHMENTS: Meeting Minutes for /I�jq (a� a dl a F[SC��L IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT D[RECTOR: Council President C'ITY ATTORNEY: N/A FINANCE DIRECTOR: NfA �TAYOR: N/A C'OMMITTEE CHAIR NiA c'O[_iN('IL PRESIDENT: C'nNSENT AGENDA � (�EVER��L BUSINESS ❑ � HE�1R[NG ❑ Ilt�,('O�I�IEtiDF.D ��IOTION: \�I�� t�� ,��rc�v� m�ctin� minutcs as �irrs�nt«i. I ('Ol�\('ll..�("flON: ❑ �\��pru��e ❑ I)cny ❑ fahl� ❑ ('untmuc ❑ No.lction I � _ DIGITAL RECORDING � CITY COUNCIL STUDY SESSION MINUTES May 12, 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, May 12, 2010, at 5:00 PM, with �ce-President Will Maupin presiding. Council Members present were Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald. Council President Nick Wofford was absent. Council Assistant Christine Grenier was present to provide staff support. Vice-President Mau�in emphasized 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 following items are budgeted items or have been r�eviewed by the appropriate Council Committee; and will be placed on the May 19 Council Meeting Agenda for action: 1. Updated Water Service Agreement with the Rocky Point Water District — Kathleen Cahall, Water Resources Manager; and Dianne Robinson, Public Works Committee Chair Consent Agenda 2. Installation of required Police Equipment in three (3) 2010 Ford Crown Victorias — Jim Orton, Fleet Manager, Equipment Services; and Dianne Robinson, Public Works Committee Chair Consent Agenda 3. Request to change name of Kiwanis Pla�eld to Kiwanis Park — Wyn Birkenthal, Parks 8� Recreation Director, and Roy Runyon, Public Safety 8� Parks Committee Chai� Consent Agenda B. BRIEF/FULL DISCUSSION PLANNED � 4. Grant Agreement with the State of Washington and the Recreation & Conservation Funding Board for Kiwanis Park Improvements — Wyn Birkenthal, Parks 8 Recreation Director; and Roy Runyon, Public Safety 8 Parks Committee Chair Genera/ Business 5. Public Works Construction Agreement with Robinson Company, Inc. for the remodel of the property on the SE comer of 6"' Street and Park Avenue (Formerly Kitsap Bank) for the Municipal Court Building — Gary Sexton, Executive Department; and Dianne Robinson, Public Works Committee Chair Consent Agenda 6. Report on Downtown Tra�c Circulation Changes — Larry Matel, Managing Engineer Information Only 7. Update on Limited Tax Obligation (LTGO) Bonds — Barbara Stephenson, Financial Services Director; and Adam Brockus, Finance Committee Chair Information Only 8. Proposed resolution to establish conditions for the Limited Tax Obligation (LTGO) Bonds for the Park Plaza Project, the Lions Field Renovation, and for the purchase and renovation of the building to be used as the Municipal Court Building Barbara Stephenson, Financial Services Director; and Adam Brockus, Finance Committee Chair Genera/ Business C. GENERAL COUNCIL BUSINESS 1. Briefings were provided by Council Committees Chairs. City Council Study Session Minutes Wednesday, May 12, 2010 Page 2 of 2 With no further business, Vice-President Mauoin adjoumed the Study Session at 6:32 PM. Prepared and Submitted by: __1dm CHRISTINE G ENIER Council Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg I� DATE SUBMIT'TED: May 3, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ...........................................................................................� SUBJECT: Updated Water Service Committee Meeting Date: May 11, 2010 Agreement with the Rocky Point Water COUNCIL MEETING Date: May 19, 2010 District Department: Public Works and Utilities Presenter: K. Cahall, �,�� Water Resources Mg Phone: x2315 SUMMARY: The City of Bremerton has provided water service to the Rocky Point Water District for over 50 years. Since 1960 the City has also provided the operation and maintenance of the water system for the district by contract. The agreement, last signed in 1998, has been updated as required and is next due for review in 2015. ATTACHMENTS: Proposed update of the water service contract between the City of Bremerton and the Rocky Point Water District. FISCAL IMPACTS (Include Budgeted Amount): Rocky Point customers are charged the outside city water rates. The District pays the city $1,901.52 per year for providing billing services. APPROVALS: � DEPARTMENT DIRECTOR: �� , CITY ATTORNEY: FINANCE DIRECTOR: � MAYOR: J Z � COMMITTEE CHAIR �, � COUNCII, PRESIDENT: ' CONSENT AGENDA �J GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the updated Water Service Agreement with the Rocky Point Water District and authorize the Mayor to finalize and execute the ageement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Corninue ❑ No Action AGREEMENT FOR FURNISHING WATER AND SERVICES TO ROCKY POINT WATER DISTRICT BY THE CITY OF BREMERTON This Agreement is made and entered into this day of , 2010, by and between the City of Bremerton, a municipal corporation of the first class, hereinafter called "City" and Rocky Point Water District #12, a municipal corporation, heretofore known as Marine Drive Water District, and hereinafter called "District". WITNESSETH: WI�REAS, the Commissioners of what was then called Marine Drive Water District were authorized by a majority of electors residing within the district, at an election on the 29�' day of January, 1952, pursuant to the Water District's Resolution #107, called to vote upon the question of conveyance of the said water system, and has conveyed to the City of Bremerton said water distributing system, and WHEREAS, the City by ordinance, has accepted a conveyance of the distribution system of the Marine Drive Water District and under the provisions of Remington's Revised Statues, 11.586-1, et seq., Session Laws of 1933 (now RCW 57.080.030 et seq.) and WHEREAS, the City and the District entered into an Agreement dated 12 July 19601ast modified October 22, 1998. for the furnishing of water services to the residents and consumers in the District, and setting forth responsibilities of the City and the District for maintenance and repair of said water system and the management thereof, and concerning future additions and betterments thereto, and WI�REAS, the City and the District desire to enter into a new agreement to extend the furnishing of water services to the District and providing for the maintenance, repair and management of said water system. AGREED as follows: 1. District as Representative (a) It is recognized and agreed by the parties that the capacity of the District is as a representative of the water consumers within the District who sha11 be considered as being directly served by the City, and to whom the duty of service runs. 2. Water Service (a) The City hereby agrees to furnish water service to the consumers of water in the District in the aggregate amount set forth in Section 7(e)_during the term of this Agreement so long as the City sha11 maintain a public water supply and City of Bremerton / Rocky Point Water District Page 1 of 7 distribution system. Provided, however, this obligation shall continue and be binding upon any successor or assigns of the City so long as there exists a water - supply and distribution system to the end that there shall continue the supply of water to the District so long as such a system supplies consumers within the City of Bremerton. (b) Should supply to the District from the City system cease, ownership of all of the mains, and installations, and water service appurtenances within the District Service Area shall revert to the ownership of the District. (c) The rate of chaxge to water consumers for water service and for other services or charges for which the City may make charge to water consumers, shall be at the same rate as for residents of unincorporated Kitsap County. (d) Water service shall be furnished to the consumers within the District through individual meters which shall be read by employees of the City and billings sent by the City and collections made by the City for and on account of the use of the water as measured through the individual meters. T'hese meters are and shall remain the property of the City. (e) These billing services shall include a surcharge in an amount to be determined from time to time by the District, which amount shall be the property of the District, and shall be remitted to the District on a monthly basis. (� This billing service shall be charged for by the City to the District at the rate of ,$1,970:22-annually, pro-rated bi monthly according to the current billing cycle applicable to the area, and shall be subject to annual adjustment in January by an amount equal to the change in the Consumer Price Index — All_Urban,Consumers - ------ -- --__ __ West-Side Class-B/C from June to.June_of the-preyious year. -.. (g) Sums collected by the City for District surcharge, are to be transmitted to the District within 15 days after the month in which they are collected. Reports of the transactions will be furnished on request. Reports of customer delinquencies shall be made to the District on a regular schedule at the time payment has become delinquent according to the City's standard delinquency date. (h) In the event of damage to that portion of the water system or to its appurtenances within the water District caused by third party action, the entity, City or District, discovering the damage shall, at the earliest opportunity, report to the other the fact of the damage. All information concerning the cause, nature of damage, identity of persons involved, information as to that person's insurance coverage if any, shall be reported and each shall cooperate to the end that cost of repair or . replacement incurred by either entity shall be, to the extent possible, recovered from the person causing the damage and be shared pro-rata by the entities in proportion to the expenses incurred by the particular entity involved. City of Bremerton / Rocky Point Water District Page 2 of 7 (i) If any part of the Water District is annexed to the City, the City shall either pay that portion of the then outstanding bonded indebtedness, net of any bond reserves represented by the proportion of debt service revenue derived from the annexed area, or pay through the District's Fiscal Officer by the due date of debt service payments a sum equal to that proportion of the debt service then due. This to continue until ea.ch of the pasticulaz bond issues sha11 have been paid in full. (j) Debt service secwed by assessments or annual levies such as Local Improvement District type assessments, General Obligation type levies or similar security devices sha11 continue after annexation to be collected by District. 3. Operation and Maintenance (a) The City shall perform all operation and maintenance services. The City shall provide certified operators as required by State law. (b) The City's function sha11 include the establishment and monitoring, testing, and enforcement of cross connection control requirements. (c) �Vater furnished to the individual consumer meter shall meet the standards established from time-to-time by such agencies as may have cognizance as to purity, quantity and pressure or as provided to "in Cit�' customers similarly situated. (d) All required sampling and measuring of water shall be performed by the City according to schedules and requirements of the particular cognizant agencies. The District sha11 pay for costs incuned for sampling and analysis for the required samples. (e) The cost referred to sha11 be laboratory analysis fees as charged and the average labor cost of taking a sample applicable to the entire sampling cost for distributed water within the City of Bremerton. ( fl The City shall report to the District any deficiencies found and make any consumer notifications, as required by State and Federal Drinking Water regulations. (g) The parties recognize that the City has a responsibility for service of water meeting proper standards of quality, quantity, and pressure to customers within � the District and to remedy deficiencies therein. It is therefore agreed that the ; District shall be entitled,...as to complaints of deficiencies in this regard which i come to its attention, to bring them to the City's attention and receive reports of � investigations made and actions taken, and to require remedy thereof. This � function of the District shall not be deemed to reduce or cha.nge the direct I i City of Bremerton / Rocky Point Water District Page 3 of 7 I obligation of the City to the water customers to provide water and water service according to the above standards. 4. District Upgrades (a) The District may, at its own cost, make any additions, extensions or improvements, including upgrading a main to a larger size or installing a new hydrant, the making of any betterments to the system, which upon installation shall become the property of the City and be maintained by City at no additional cost to the District or its water users. This section sha11 not apply to water meters, which sha11 be installed by the City upon approval of the connection by the District, sha11 remain the property of the City, and shall be billed directly to the District's water users according to rates under Section 7(a). (b) A repair should include work on existing mains. Replacement of a main shall be appropriate if an existing main is in an advanced state of deterioration such that it is more economical to replace a segment of water main than to corrtinue repairs. (c) When the City determines that replacement rather than repair is necessary to maintain the operability of the system, the District shall furnish the materials to the City and the City will perform the necessary work without additional cost to the District. (d) The City agees to maintain and repair said system or any additions, upgrades, or extensions thereof, made in the manner herein provided without additional charge to the District or the water users therein. Maintenance and repair shall be deemed to include the rnaintaining of the system and its appurtenances in good operating condition, including any standards subsequently established by cognizant agencies. (e) The making of extensions, additions, upgrades and improvements to the system will be planned for, designed and installed by the District at its expense, and in connection therewith it shall use the services of licensed professional engineers for the planning and design phases. ' (fl Copies of plans so prepared shall be submitted to the City and shall be deemed approved within thirty (30) days unless specific written objection to a.n element thereof is received within that period. All specifications and work performed shall be in accordance with the Standards of the City of Bremerton promulgated for such work. The City sha11 have the right to observe and inspect work in progress to asswe compliance with City standards. City of Bremerton / Rocky Point Water District Page 4 of 7 5. New Water Connections (a) The foregoing notwithstanding, the City shall be entitled for new water connections to make a charge to the customer for the cost of ineter and its installation in accordance with the rate charged County customers. (b) The Water District may establish and charge a front footage fee, to be collected by the District prior to connection on those mains which have been installed at District expense which includes all mains and distribution lines now in existence, and those hereafter installed at District expense or at property owner expense under contract with the District. (c) The City, upon making new connection, sha11 be entitled to charge the water customer a general facilities fee to defray portions of the cost of the facilities for production and water storage. This fee sha11 be in accordance with fee for residents of the County. (d) Authority for the connection of new customers to the District's system sha11 be established in the following manner: (e) The City will supply the potential customer with a system status letter for a specif c location. The new customer applications shall then be made to the District which shall deternune the fea.sibility of, and the terms and conditions under which the connection shall be made. An authorization to connect, together with the terms and conditions thereof, sha11 be communicated to the City in writing, whereupon the City shall make the connections, and collect from the applicant those City fees and charges. 6. Hydrants (a) Fire hydrants, both existing and future installations, aze to be served, maintained, and repaired as a part of the system, and at no additional charge to the District or its customers. (b) Fire hydrants hereafter established on the mains shall be of a type approved by the City provid�d this type is in accordance with then current standards. 7. Other (a) The service of water to the District, the installation of ineters and the rates to be I charged for service, and all other work or services to be fumished or performed by the City for the District, shall be subject to the rules and regulations and/or ordinances now in effect or as the same may, from time to time, be amended or enacted, and where in this agreement no specific mention is made of any particular service or charge, such shall likewise be govemed by such rules and City of Bremerton / Rocky Point Water District Page 5 of 7 i regulations andlor ordinances existing or later enacted during the term of this agreement. No such ordinance or regulation shall amend or contradict the terms of this Agreement except as such ordinance or regulation is required by State or Federal law. (b) Any funds, or other assets of the District, acquired by the City of Bremerton as a result of the annexation of a part or of the whole of the District, shall be placed in a special fund by the City of Bremerton and shall be used by the City for the maimenance and betterment of the water system within the area annexed; provided that this provision shall not relive the City of debt service obligations provided for elsewhere herein. (c) Disputes or questions over interpretation or application of this Agreement arising between the parties to the Agreement shall be settled by the Commissioners of the District and the proper elected or appointed officials of the City as designated by it in writing. If designated officials are unable to resolve these differences, then they sha11 be resolved using the Kitsap County Superior Court Arbitration Rules (MAR). (d) The District shall not in turn sell water to or provide any interconnection with any entity outside the district boundaries. The district boundaries are described in Attachment "A". (e) The average metered daily demand by the District shall not exceed 0.170 million gallons per day through the year 2015. (� The District acknowledges that compliance with requirements for water system . planning (WAC 246-290-100) and water use efficiency (WAC 246-290-800 through 840) are administrative functions and the responsibility of the District. Should the District request assistance from the City for these functions a scope of work and budget will need to be agreed upon between the District and the City and costs will be billed on a time and materials basis. (g) The District and the City will meet once a year to review the provisions of this agreement and discuss issues of mutual interest. (h) The term of this agreement begin on the date of execution and shall expire on June 30, 2015 at which time the agreement will be reviewed and extended by the parties as appropriate. (i) Section 2(a) of this Agreement shall be substantially incorporated in any extension of this agreement unless there is mutual agreement to the contrary or State legislation is passed affecting the interest and responsibilities established in RCW 57.80.30 et seq. between the District, City and water users within the District. � City of Bremerton / Rocky Point Water District Page 6 of 7 �,I , � (j) Reasonable amendments requested for contract renewal sha11 be negotiated in good faith. However, if these negotiations fail to produce agreement on a contract extension, either party may seek a ruling on the proposed amendments under section 7(c) of this Agreement. In determining the reasonableness of � amendmems, the arbitrator or judge shall consider regulatory changes affecting water utilities, the history of agreement between the parties, the party's respective legislative powers and the underlying purposes of the relationship established under RCW 57.80.30 et seq. Terms of this agreement sha11 continue in effect until amended under this section. IN WITNESS VVI�REOF, the parties hereto have caused this Agreement to be signed and sealed this day of 2010, by its duly authorized officials. CITY OF BREMERTON ROCKY POINT WATER DISTRICT 12 Patty Lent, Mayor DEPARTMENT ApPROVAL: , Director of Public Works & Utilities Dept . � APPROVED AS TO FORM: Roger Lubovich, City Attorney � City of Bremerton / Rocky Point Water District Page 7 of 7 • � DATE SUBMITTED: - �� AGENDA BILL C1TY OF BREMERTON CITY COUNCIL � ....................................................................................... SUBJECT: Installation of required Police Committee Meeting Date: May 12, 2010 Equipment in 2010 Ford Crown Victorias CO[TNCIL MEETING Date: May l9, 2010 Department: PW& Util-ERR � �-- Presenter: Jim Orton Phone: 5359 SIJMMARY: 2010 budget shows replacement of 3 pavol vehicles. This agenda bill is to request approval to have those vehicles outfitted with all appropnate police equipment. We utilize a company named Systems for Public Safety under an approved contract with the City of Lakewood. The City of Bremerton has an interlocal agreement with the City of Lakewood to use this contract. The cost of �outfitting these 3 vehicles is $31,450.59 including Washington state sales tax. ATTAC��VIVIENTS: Copy of interlocal with City of Lakewood, Copy of estimate from Systems for Public Safety inc. FISCAL IMPACTS (Include Budgeted Amount): 2 of these vehicles are funded thru Equipment Rental Reserve and the third is funded thru insurance payoff due to a totaled vehicle in 2009. APPROVALS: DEPARTMENT DIRECTOR: CIT'Y ATT'ORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR �)'l, COUNCa. PRESIDENT: � " CONSENT AGENDA �$ GENERAL BUSINESS ❑ PUBLIC HEARING ❑ � RECOMMENDED MOTION: � � � **Move to approve a purchase order in the amount of $31,450.59 with Systems for Public Safety Inc. of Lakewood Washington for installation of required police equipment in three 2010 Ford Crown ; Victorias. � � , ; COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action i i � Systems for Public $afety Inc. � ESTIMATE # 10203 Lakeview Ave SW Lakewood, WA. 98499 004930 Phone - 253-983-1103 Fax - 253-983-1101 Safety is Our Business ESTIMATE FOR SERV/CES Estimate Date : 02/16/2010 City of Bremerton 2009 Ford - Crown Victoria City of Bremerton Lic #: Odometer In: 0 100 Oyster Bay Ave. N Unit #: Bremerton, WA 98312 VIN # : Cust Id: 11 Part Description / Number Qty Sale Extended Labor Description Hours E�ctended C-PS-2 3.00 22.00 66.00 Two on/off switches C-SW-1 6.00 20.00 120.00 Dual internal cup holder S-CUP2-] 3.00 43.00 129.00 Side mount armrest C-ARM-2 3.00 69.00 207.00 Shipping on all Freight Shipping 3.00 100.00 300.00 New Build Parts Kit ` NBK-1 3.00 139.24 417.72 LED Map Light 18" Darta 3.00 89.75 269.25 Park-Siren Kill Module UPKM-2 3.00 60.25 180.75 Corner LEDs VTX609C 12.00 98.22 1,178.64 Priority Start Priority Start 3.00 89.29 267.87 Shot gun timer RC15 3.00 3333 99.99 Fan and cover 2235647 3.00 23.00 69.00 � Single Acc 12+ power plug in mink flare � ' box. MIGHT634 3.00 738 22.14 1, Shop Supplies 19.95 I l � Parts :$ 20,167.5� Labor :$ 8,607.00 Tax :$ 2,676.03 Total :$ 31,450.59 � � I hereby authorize the above repair work to be done along with the necessary material and hereby grant you and/or your employees ! permission to operate the vehicle described for testing and/or ir7spection. Express mechanic's lien is hereby acknowledged on above vehicle � to secure the amount of repairs thereto. SMOG: I understand thst I can have emission service and/or adjustments done elsewhere. I hereby ' waive this right. � TEARDOWN ESTIMATE: I understand that my vehicle will be reassembled within days of the date shown above if I choose not to i authorize the service recommended. All Parts removed will be discarded unless instructed otherwise: Savc all Parts . NOT ; RESPONSIBLE FOR LOSS OR DAMAGE TO CARS OR ARTICLES LEFT 7N CARS IN CASE OF FIRE, THEFT OR ANY OTHER i CAUSE. ' i SIGNATURE ................................................................................................. Date......................................... Time......................... I Deskin, Paui Page 2 of 2 os.so.oa esci i �; PDF created with pdfFactory trial version www.pdffactorv.corl7. � I E Systems for Public Safety Inc. �, ESTIMATE # 10203 Lakeview Ave SW � Lakewood, WA. 98499 � 004930 Phone - 253-983-1103 Fax - 253-983-1101 Safety is Our Business EST/MATE FOR SERV/CES . Est�mate �ate : o2i�si2o�o Ciry of Bremerton 2009 �ord - Crown Victoria City of Bremerton Lic #: Odometer In: 0 100 Oyster Bay Ave. N lJnit #: Bremerton, WA 98312 VIN # : Cust Id: 11 Part Description / Number Qty Sale Extended Labor Description Hours Extended 50" Liberty lightbar with Center strobe Install lighting and emergency equipment 117.00 8,607.00 tube for customer supplied 3M Opticom. Lightbar 3.00 2,099.90 6,299.70 2010- New Specs Crown Vic strap ldt 12v power outlet installed to electronic STPKT47 3.00 36.92 110.76 eqtaipment box. Whelen Cen-Com With Directional Stick Copy of initial Cencom programming to Control. bc providcd on CD. CSRNTA2 3.00 860.20 2,580.60 Tilt flashlight mounted on console 5 20ft Mic extention cable degrccs to allow flashlight to be removed CCMICX20 3.00 74.67 224.01 whilc vehicle is in drive. TAM83 with 3rd bralce space red/blue R�wi're Opticom to customer TAM83CRB 3.00 779.16 2,337.48 spccification. Headlight flasher SSFPOSC6 3.00 59.40 178.20 � Flasher Bracket SSFBKTI 3.00 5.98 17.94 ' Speaker SA3 ] SP � 3.00 179.90 539.70 3 plug accessory 3 plug ' 6.00 30.58 183.48 Rifle rack AR-15 Rack 3.00 199.00 597.00 Flash light I SI,20XP 6.00 127.27 'I63.62 i Flare Box � SB04 6.00 123.91 743.46 i Grill lights. (LIN-4 Obselete) � LINZ-6 6.00 99.00 594.00 � Red steady burn Prisoner Light � WHOSOCTt 3.00 18.67 56.01 I Blue Sea Fuse block � 5025 3.00 40.92 122.76 Console moundfloor plate � C-TM-CV 3.00 127.00 381.00 ! Stout mount angled console ; C-SM-830 3.00 277.00 831.00 i Twelve inch extention console i C-SM-1200 3.00 86.S1 259.53 � Two inch plate with two switch cutouts � j Deskin aaui Page 1 of 2 os.so.oa esn� ; PDF created with pdfFactory trial version www.pdffactorv.corti � , �s��i , � � �°' °� � . . �o'(�- �c+�.iYL I�-�21� s, , �3 CITY OF LAx�'EVVCDOD — CIfi�Y OF BREIY.C.ERTON INTERLOCAL AGREEMEI�T' JF0�2 �7SE CDF SYSTEMS FOR PUBLIC SA�'L�']!'x CON�'�C'1�' �'��t SER.�7[C�5 THIS INTERLOCAL AGREEIV,�NT made and entered into, pursuant to the Interlocal Coop , ation Act, Chapter 39.34 of the 12evised Code af Was}ungton, on the �GT_ day of _L��, 2407, by and between the CITY' O�' LAKEWOOD, a municipaI corporahon of the State of Washington (hereinafter referred to as tl�e "City"), and the City of Bremerton, a municipal corporation of the State of Washington (hereinaf�er referred to as the " Bremerton"), WITNESSETH: �3[E�E�.S, Revised Code of Washing#on Section 39.34.030 authorizes cooperative purchasing between public agencies; and VVH�REAS, the City and Brernerton have ag,�eed to enter into an intergovernmental cooperative purchasing agreement through the City's contract with Systems for Public Safety for inskallatian ,of emergency vehicle equipment and make minor electrical and mechanical repairs as � needed for the maintenance of the emergency equipment ; and NOW THER,EFORE in consideration o� their mutual covenants, conditions and - promises, THE PART�ES HERETO DO �iER EBY ,F�,GREE as foilows: 1. The Cify extends to Bremerton the opportunity to utilize the terms of its agreement with Systems for Public Safety for services within the scope of services greviously entered in to by the City and the Contractor. 2'. Each party agrees to comply witY� all of the applicable laws and regulations governing its own purchases of service including bidding processes; 3. Any purchase for services made pursuaut to 'this Agreement is not a purchase from either of the parties. The Agreement shall create na abligation to either of the parties to purchase emergency vehicIe equipment installation or electricel repair services or any assurances, warranty or guarantee of the services provided by the Contractor. 4. No separate legal or administrgtive entity is intended to be created pursuant to this agreement. 5. IlJDEMNIFICATION A. Bremerton shall indemnify and hald the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at i�w or equiiy, actions, penalties, losses, damages, Page 1 � I nterlocat Agreement Setween the City of Lakewood and the City af Sremerton � , , DI COStS, of whatsoever kand or nature, brought against the Ci#y arising out of, in . connection with, or incident to the execution of this Agreement and/or the City of Bremerton's performance or failure tt� perform any asgect of this Agreernent; provided, however, tl�at if such claims are caused by or result from the concurrent negligence of ti�e City, its agents, employees, ancUor officezs, this . indemnity provision shall be valid �a�.d en#'orcea�le only to the extenfi of the negligence of Bremerton ; and provided further, that nothisig herein sha11 require Bremerton to hold harniless or defend the City, its agents, employees and/or officers fram any claims arising from the sole negligence of the City, its agents, employees, and/or offic�rs. No liability shall attach to the City by reason of entering into this Agreement except as expressly pzovided herein. B. The City sha11 indemni,fy and hold l3remerton and its agents, employees, and/or officers, harmless from and sha11 pracess and defend at iEs own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brc�r�ght against Bremerton arising out of, in connection with, or incic�ent to the e7cecution of this Agreement and/or the City's ' performance or fa.ilnre to perform at5.� aspect of this Agreement; provided, bowever, that if such C,�c11I]15 are caused by or result frarn the conewrent negligence of the City of Bremerton, iC's agents, employees, and/or officers, this indemnity provision shall be val�d �nd enforceable only to the extent of the negligence of the Ci4.y; and provided �er, that nothing herein shall require the � � City to hold haruiless or defend Bremerton, its agents, employees and/or officers from any clai.ms arising from the sc�le•negligence of the City of Bremeston, its agents, employees, and/or officers. I�o liability shall attach to Bremerton by reason af entering into this Agreeme�tt except as expressly pravided herein. b. COMPLIANCE WITH REGULA'�'IONS AND LAWS The parties sha11 comply with all applicable rules and regulations pertain.ing to them in connection with the matters covered hcrein. � 7. ASSIGNMENT �I The parties shall not assign this Agreement or any interest, obIigadon or duty therein without the express written consent of the other party. 8. ATTOR.N'EYS' FEES In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attamey's fees. Page 2 Interlocal Agreement Hetween the City of Lakewood and the Ciry of �reMenon 9. NOTICES AII notices and payments hereunder may be delivered or mailed. If mailed, they shail be sent to the following respective addresses: To the Citv: To Bremerton: City of Lakewood City of Bremerton 6000 Main Street SW 345 6th Street, Suite 600 Lakewood, WA 98499-5027 Bremerton, WA 98337 Atin: City Manager Attn: City Clerk Phone:{253) SS9-2489 Phone; (360} 473-5290 or to such other respective addresses as either party l�ereto may hereafter from time to time designate in writing. AlI notices and payments mailed by regulaz post (including first class) shall be deemed to have been given on #he second busine�s day following the date of maiIing, if properly mailed aad addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given fln the day next following the date of maiiing, if prnperly mailed and addressed_ For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailiag, i 0. This document shall be filed wittx the Cowaty Auditor pursuant to RCW 39.34. 11. Entire A reement: Ttus Agreement and its Exlubits constitutes the entire agreement between the Parties, and the Parties ackndwledge that there are no o#her agreements, written or oral, that have no# been set forth in the text af this Agreernent. 12. Choice of Law and Venue: This Agreement sha11 be interpreted according to the laws af the State of Washington. Any judicial action to resalve disputes arising out of this Agreernent shall be brought in Pierce County Superiar Court. IN WITNESS WI�REOF the parties hereto have executed this Agreement as of the day and year first above written. I CITY L WOOD / C ERTON ; I � , , ! Andrew eiditz, City Manager By: ary Boze , Mayar ' Date: l ��l �` ' ��` ; . . � Date � �7 � � Attesk: i �.�� — L I l�� Alice Bush, MNIC, City Clerk � /o -2� —07 � Page 3 interlocal Agreement Hetween the City of Lakewood and tbe City of Bremerton I I � A oved to form: Approved as to form: . r � � o idi Ann Wachter, City Attorney �� ger A_ bovich, City Attorney STATE UF WASHINGTON ) . ) ss. COUNTY OF ON THIS day of , 2007, before me, persanally appeaz d r � �� .� m � lrnown to be the and -- af being one of the m' i corporations that execnt�d �.ie within and re �.ng instrument, and they acl�owIedged said instrument to be the free and voluntary act and deed af said corporation, for the uses and purposes therein mentioned, and on bath stated that they were authorized to � execute said instrvment, and the seat of said municips�l corporation is affixed hereon. WIT1+lESS my hand and official seal heret� the day and year in this certificate first above written. �,,�»>��1,,,, � , �,,�`�Y L L y ',,�� ' � .: � , �,...,F., =�� . . � .'��OTAR� ..�: NotaryP lic ' d for the State �f Washington, • � Residing at ' MAY � :�' 15, 20� 0: � My comxnission expires ��/(� j . : .-t � ' . . Z_ i =p�'•, .� ��: . , ''-.,. O'' � ae. •'�� , ��''�n�;;;;; s�```"�� . Page 4 Intertocal Agreemen[ Between the City of Lakewood and the City of Br�merton STATE QF WASH]NGTON ) ) ss. COUNTY OF � � � ON THIS �� /„ `f�t aay af - D��L.� , 2p07, before me, personally appeared � � � ( � a�nd known to be the ' to me �- at�d _ of � C.L�tGte..bn�. being one of the muni ' a1 corpor 'ons that executed the wrlth�n an� foregaing instrument, and they aclmowlsdged said instnunent to be the free aad r+c�iuntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and the seat of said municipal corporatian is affixed hereon. ��E��il' llly ��aaiii ,` �� G � o� seal bereto the day �nnd year in thi5 certificate first above written. :'� `��'�°" � � , Lp, ; r ' , ' NOTAR F '� _ _ y : _ . : � - ; � =�' " PUB L1C .,�� '' °t�7' �bli� �n and for the State of Washington, � 9,�.¢ •°�- au _ ��,.�` ; Residing at _�eL'�_ C� • : '•••.,��,,•�� . '�. 0 `�\� �� My comrnission expires �l - _Z.d 1 O � .,,�� pS ��,. R:�LegnlU.egatlEontrectslPUBLIC WORICS1Inter]otal Agreement with City of Lakewuod.dac — Page S lntertocaf Agreement Between the City of Lakewood and the City of Hr�merton 'DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL � ....................................................................................... SUBJECT: Changing the name Kiwanis Committee Meetin� Date: May 12, 2010 Playfield to Kiwanis Park COUNCIL MEETING Date: May 19, 2020 Department: Parks & Recreadon � Presenter: Wyn Birkenthal Phone: 473-5752 SUMMARY: In 1978, the former Coontz Junior High site was narned Kiwanis Playfield in recognition of the Bremerton Kiwanis Club's contributions toward developing the site for recreation use. With ongoing assistance from the Kiwarus Club and additional grant sources, Kiwanis Playfield will soon be improved with a picnic shelter, updated play area, walking paths, benches and landscape beautification. In light of these planned improvements, a name change to Kiwanis Pazk is more descriptive of the facilities current and future use. At their Apri120�' meeting, the Bremerton Pazks and Recreation Commission voted unanimously to recommend the name change from Kiwanis Playfield to Kiwanis Park. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Pazk signage included in grant funding. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: � COMMITTEE CHAIR COUNCIL PRESIDENT: ` CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: I move to change the name Kiwanis Playfield to Kiwanis Park to more accurately recognize its value to residents of the surrounding neighborhood. . COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED: 5/5/2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Public Works Construction Committee Meeting Date: 5/12/2010 Agreement with James H Robinson Co., Inc. COUNC[L MEETING Date: 5/19/2010 for the remodel of the property on the south Department: Executive east corner of 6�' & Park (formerly Kitsap Presenter: Gary Sexton Bank Branch) for the Municipal Courts. Phone: 360-981-1025 SUMMARY: Construction Agreement with James H Robinson & Co., Inc. for the Remodel of the future Municipal Court building located at the south east corner of 6`� & Park Ave, Bremerton (formerly Kitsap Bank Branch), pursuant to the drawings (dated May 6`�, 2010) as provided by Rice Fergus Miller, Architects. ATTACHMENTS: Public Works Agreement between the City of Bremerton and James H Robinson Co., Inc. FISCAL IMPACTS: Contract amount of $260,000 plus any applicable tax is to be paid from the allocated $650,000 Municipal Court Remodel Budget (funded by the LTGO Bond proceeds that will close on May 28`�, 2010). APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: — MAYOR: COMMITTEE CHAIR � COUNCIL PRESIDENT: � ' CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING RECOMMENDED MOTION: Move to approve the Public Works Construction Agreement between the City of Bremerton and James H Robinson Co., 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 � � PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and James H Robinson Co.. Inc. ("Contractor"), whose mailing address is 4904 Kitsan Wav. Bremerton WA 98312 The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Remodel of future Municipal Court Building located at south east corner of 6`� and Park Avenue, Bremerton (formerly Kitsap Bank Branch) pursuant to drawing dated May 6`�, 2010 by Rice Fergus Miller and as further directed by the City Authorized Representative. 2. TIME OF COMPLETION. Contractor shall complete the work within 90 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of actual "costs" for labor, materials, equipment, equipment rental, bond, subcontractor costs and agency fees all as approved by the City Authorized Representative, plus a fixed amount for General Conditions work in the sum of Nineteen Thousand Seven Hundred Thirty-three dollars ($19,733.00) (per � general conditions proposal) and a fixed overhead profit percentage fee of 7.5% on the above plus state sales tax. It is currently estimated that said sum shall be not greater than Two Hundred Ninety Five Thousand Dollazs, including sales tax and excluding azchitectural fees, and city administration. Specifically excluded from scope of work aze communication, installation of security systems, phone installation, video system, condensed storage and furniture moving. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the sum of $260,000.00 to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RC W, whichever is later. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. ' B. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time � specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to conect rejected work. H. The Contractor's failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall be paid as provided above and to the date of written termination. 6. PREVAILING WAGES. Contractor shall file a"Statement of Intent to Pay .Prevailing Wages," with the State of Washington Department of Labor & Industries prior to �commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City Authorized Representative may issue written or oral work change directive for any change in the Contract work during the performance of this agreement. The Contractor shall proceed with the change order work upon receiving either a written or oral work change directive from the City Authorized Representative. 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to , the claims. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9• WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its 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. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE. TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 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; and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the �ndorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shalt 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 Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. 12. MISCELLANEOUS. A. The City Authorized Representative shall be Gary Sexton, or such other person as appointed by the City Mayor. B. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub- contractors, or any person acting on behalf of such Contractor or sub- contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect � ' F. Goveming Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. � G. Attorr�ev's Fees. To the extent not inconsistent with RCW 39.04.240, in any ' claim or lawsuit for damages arising from the parties' performance of this I I �� i ' agreement, each party shall be responsible for payment of its ovm legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall timit the City's right to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I. Assisnment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly Authorized Representative of the City and Contractor. K. Severabilitv. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR James H Robinson Co., Inc. THE CITY OF BREMERTON Print Name: James H. Robinson Print Name: Pattv Lent Title: CEO Title: Mavor DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: James Robinson and/or Bruce Berkimer Garv Sexton 4904 Kitsan Wav 345 6 St., Suite 600 Bremerton� WA 98312 Bremerton. WA 98337 360-377-0066 360-981-1025 360-507-2830 (J.R) 360-473-5269 3b0-507-2831 (B.B) i APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk State of Washington DEPARTMENT OF LABOR AND INDUSTRIES Prevafling Wege Sectfon - Telephone (380) 902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage Rates For Public Works Contracts The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public wo�lcs projects, workers' wage and benefit rates must add to not less than this total. A b�ief desc�iption of overtime calculation requirements is provided on the Benefit Code Key. KITSAP COUNTY , EFFECTIVE 3-03-2010 ..,......«,►*.,►..«...,►*..*..,►+►*,►.*.*.....,►.,►.,►,►..«.....*,►.,►.........,►..,►*..,►,►,►.,►...«,►.*..*.....,►..,►*:,►...*.« (See Benefit Code Key) Over PREVAILING Ttme Holiday Note Classification WAG� �g �g �g ASBESTOS ABATEMENT WORKERS JOURNEY LEVEL $40.03 1H SD BOILERMAI�RS JOURNEY LEVEL $30.34 1 BRICK MASON BRICK AND BLOCK FINISHER $39.49 1 M 5A JOURNEY LEVEL $46.35 1 M 5A BUILDING SERVICE EMPLOYEES JANITOR $8.55 1 SHAMPOOER $g,g� � W�R $8.97 1 WINDOW CLEANER $�3.22 � CABINET MAKERS (IN SHOP) � JOURNEY LEVEL $12.53 1 CARPENTERS ACOUSTICAL WORKER $48.60 1H 5D BRIDGE, DOCK AND WARF CARPENTERS $4$.47 1 H 5D CARPENTER $4g,47 1H 5D CREOSOTED MATERIAL $q$,57 1H 5D DRYWALLAPPLICATOR $q$,74 1H SD FLOOR FINISHER $48.60 1H SD FLOOR LAYER $48.60 1 H SD FLOOR SANDER $48.60 1H 5D MILLWRIGHTAND MACHINE ERECTORS $49,47 1H 5D PILEDRIVERS, DRIVING, PULLING, PLACING COLLARS AND WELDING $48.67 1 H 50 SAWFILER $48.60 1H 5D SHINGLER $48.60 1H 5D STATIONARY POWER SAW OPERATOR $48.60 1H 5D STATIONARY WOODWORKING TOOLS $48.60 1H 5D CEMENT MASONS JOURNEY LEVEL $49.15 1 M 5D DIVERS 8 TENDERS DIVER $100.28 1M SD 8A DIVER ON STANOBY $56.68 1M 5D DIVER TENDER $52.23 1M SD SURFACE RCV $ ROV OPERATOR $52.23 1M 5D SURFACE RCV 8 ROV OPERATOR TENDER $qg.85 1 B 5A DREDGE WORKER8 ASSISTANT ENGINEER $49.57 1T 5D 8L ASSISTANT MATE (DECKHAND) � $49.06 1T 5D 8L BOATMEN $49.57 1T 5D 8L ENGINEER WELDER $qg,82 1T SD 8L Page 1 KITSAP COUNTY EFFECTIVE 3-03-2010 .,►...*.......*««,►..�..*........«..,►,►.....,►.,►....*.....«.....,►..,►«...,►....«......««.*.,►...,...*...,►......,►.. (See Benefit Code Key) Over PREVAILING Time Holidey Note Classiflcation �� LEVERMAN, HYDRAULIC $5�,�g 1T 50 8L MAINTENANCE $qg,pg 1T 5D 8L MATES $e�9,57 1T 50 8L OILER $qg,�g 1T 5D 8L DRYWALL TAPERS JOURNEY LEVEL $48.79 1E 5P ELECTRICAL FIXTURE M/UNTENANCE WORKERS JOURNEY LEVEL $31.74 1 ELECTRICIANS - iN31DE CABLE SPLICER $61.95 2W 5L CABLE SPLICER (TUNNEL) $66.57 2W SL CERTIFIED WELDER $59.85 2W 5L CERTIFIED WELDER (TUNNEL) $64.25 2W SL CONSTRUCTION STOCK PERSON $31.83 2W 5L JOURNEY LEVEL $57.74 2W 5L JOURNEY LEVEL (TUNNEL) $s�,g5 2W 5L ELECTRICIANS - MOTOR SHOP CRAFTSMAN $15.37 ZA 6C JOURNEY LEVEL $14.69 2A 6C ELECTRICIAN8 - POWERUNE CONSTRUCTION CABLE SPLICER $59.79 4A 5A CERTIFIED LINE WELDER $54.59 4A 5A ' GROUNDPERSON $39.07 4A SA HEAD GROUNDPERSON $Q�,2Q 4A SA HEAVY LINE EQUIPMENT OPERATOR $54,5g 4A 5A JACKHAMMER OPERATOR $4�,QQ 4A 5A � JOURNEY LEVEL LINEPERSON $54,5g 4A 5A LINE EQUIPMENT OPERATOR $46.32 4A 5A POLE SPRAYER $54.59 4A SA POWDERPERSON $4�,Q2 4A 5A ELECTRONIC TECHNICIANS ELECTRONIC TECHNiCiANS JOURNEY LEVEL $q2,2� �p sq ELEVATOR CONSTRUCTORS MECHANIC $67.91 4A 6Q MECHANIC IN CHARGE $73.87 4A 6Q FABRICATED PRECA3T CONCRETE PRODUCTS ALL CLASSIFICATIONS $13.50 1 FENCE ERECTORS FENCE ERECTOR $13.80 1 FENCE LABORER $11.60 1 FLAGGER3 JOURNEY LEVEL $33.93 1H SD GLAZIERS JOURNEY LEVEL $4$,61 1Y 5G HEAT 8 FROST INSULATORS AND ASBEST03 WORKERS MECHANIC $50.28 1S SJ HEATING EQUIPMENT MECHANICS MECHANIC $59.32 1 E 6L HOD CARRIERS 8 MASON TENDER3 JOURNEY LEVEI $q�,28 1H SD INDUSTRIAL ENGINE AND MACHINE MECHANICS MECHANIC $15.65 1 Page 2 KITSAP COUNTY EFFECTIVE 3-03-2010 •*+t (See Benefit Code Key) Over PREVAILING Time Holidey Note Classification WAGE � � � INDUSTRIAL POWER VACUUM CLEANER JOURNEY LEVEL $9.24 1 INLAND BOATMEN CAPTAIN $48.39 1K 58 COOK $45.36 1 K 5B DECKHAND $45.36 1K 5B ENGINEER/DECKHAND $46.25 1K 5B MATE, LAUNCH OPERATOR $47.35 1K 5B IN8PECTION/CLEANINGISEALJNG OF SEWER 8 WATER SYSTEMS BY REMOTE CONTROL CLEANER OPERATOR,FOAMER OPERATOR $g,�g � GROUT TRUCK OPERATOR $11.48 1 HEAD OPERATOR $12 � TECHNICIAN $8.55 1 N TRUCK OPERATOR $24.�� INSULATION APPLICATORS JOURNEY LEVEL $4$,q� 1M 5D IRONWORKERS JOURNEY LEVEL $5q,27 10 5A LABORERS ASPHALT RAKER $q�,28 1H 5D BALLAST REGULATOR MACHINE $40.03 1H 5D BATCH WEIGHMAN $33.93 1H SD BRUSH CUTTER $40.03 1H 5D BRUSH HOG FEEDER $40.03 1 H 5D BURNERS $40.03 1H 5D CARPENTERTENDER $40.03 1H 5D CASSION WORKER $q�,Q$ 1H 5D CEMENTDUMPER/PAVING $40.77 1H 5D CEMENT FINISHER TENDER $40.03 1 H 5D CHANGE-HOUSE MAN OR DRY SHACKMAN $40.03 1 H 5D CHIPPING GUN (OVER 30 LBS) $40.77 1H 5D CHIPPING GUN (UNDER 30 LBS) $40.03 1H 5D CHOKER SETTER $40.03 1H 5D CHUCKTENDER $40.03 1H 5D CLEAN-UP LABORER $40.03 1 H 5D CONCRETE DUMPER/CHUTE OPERATOR $40.77 1H 5D CONCRETE FORM STRIPPER $40.03 1H 5D CONCRETE SAW OPERATOR $40.77 1H 5D CRUSHER FEEDER $33.93 1H 5D CURING LABORER $40.03 1H 5D DEMOLITION, WRECKING 8 MOVING (INCLUDING CHARRED MATERIALS) $40.03 1H 5D DITCH DIGGER � $40.03 1H 5D OIVER $q�.28 1H 5D DRILL OPERATOR (HYDRAULIC, DIAMOND) $40.77 1H 5D DRILL OPERATOR, AIRTRAC $Q�.2g 1H SD DUMPMAN $40.03 1H 5D EPDXYTECHNICIAN $40.03 1H 5D EROSION CONTROL WORKER $40.03 1H SD FALLER/BUCKER, CHAIN SAW $40.77 1H 50 FINAL DETAIL CLEANUP (i.e., dusting, vacuuming, window cfeaning; NOT $30.84 1H 5D construction debris cleanup) Page 3 KITSAP COUNTY EFFECTIVE 3-03-2010 ..,►...,►......«...� .................**...*...«..*...,►...«.,►.........,►.....*.....*..*........,►*....**....«.. (See BenefH Code Key) Over PREVAILING Time Hollday Note Classification WAGE � �g �g FINE GRADERS $40.03 1H 5D FIRE WATCH $33.93 1H 5D FORM SETTER $40.03 1H 5D GABION BASKET BUILDER $40.03 1H SD GENERAL LABORER $40.03 1H 5D GRADE CHECKER 8 TRANSIT PERSON $q�,Q$ 1H 5D GRINDERS $40.03 1H 5D GROUT MACHINE TENDER $40.03 1H 5D GUARDRAIL ERECTOR $40.03 1H 5D HAZARDOUS WASTE WORKER LEVEL A $4�,2g 1H 5D HAZARDOUS WASTE WORKER LEVEL B $qQ,77 1H SD HAZARDOUS WASTE WORKER LEVEL C $40.03 1H 5D HIGH SCALER $q�,Q$ 1H 5D HOD CARRIER/MORTARMAN $4�,2g 1H 5D JACKHAMMER $40.77 1H 5D LASER BEAM OPERATOR $40.77 1H 5D MANHOLE BUILDER-MUDMAN $40.77 1H 5D MATERIAL YARDMAN $40.03 1H 5D MINER $q�,2g 1H SD NO2ZLEMAN, CONCRETE PUMP, GREEN CUTTER WHEN USING HIGH $40.77 1H 5D PRESSURE AIR 8 WATER ON CONCRETE 8 ROCK, SANDBLAST, GUNITE, SHOTCRETE, WATER BLASTER PAVEMENT BREAKER $40.77 1H 5D PILOT CAR $33.93 1H 5D PIPE POT TENDER $40.77 1H 5D PIPE RELINER (NOT INSERT TYPE) $q0.77 1H 5D PIPELAYER 8 CAULKER $40.77 1H 5D PIPELAYER 8 CAULKER (LEAD) $4�,2g 1H 5D P�PEWRAPPER $40.77 1H 5D POT TENDER $40.03 1 H 5D POWDERMAN $q�.Qg 1H 5D POWDERMAN HELPER $40.03 1H 5D POWERJACKS $q0.77 1H 5D RAILROAD SPIKE PULLER (POWER) $40.77 1H 5D RE-TIMBERMAN $r��,2$ 1H SD R � P � P � $40.03 1 H 5D RODDER $40.77 1 H SD SCAFFOLD ERECTOR $40.03 1H 5D SCALE PERSON $40.03 1H 5D SIGNALMAN $40.03 1H SD SLOPER (OVER 20") $40.77 1H 5D SLOPER SPRAYMAN $40.03 1H 5D SPREADER (CLARY POWER OR SIMILAR TYPES) $40.77 1H SD SPREADER (CONCRETE) $40.77 1H 5D STAKE HOPPER $40.03 1 H 5D STOCKPILER $40.03 1H SD TAMPER 8 SIMILAR EIECTRIC, AIR 8 GAS $40.77 1H 5D TAMPER (MULTIPLE 8 SELF PROPELLED) $40.77 1H SD TOOLROOM MAN (AT JOB SITE) $40.03 1H 5D TOPPER-TAILER $40.03 1H 5D TRACK LABORER $40.03 1H 5D TRACK LINER (POWER) $40.77 1H SD Page 4 KITSAP COUNTY EFFECTIVE 3-03-2010 •+r,r,►*+r,t*,r,r,r+t* � +►w,r* s , t , t*ww , ►trwww**w+t+►* , r*i , t*r , rw* , ► , rwa , ►t , t , r*+tw� , wwt*** , tr,ttt,ra,e,►,►,t+r*rw,tw*wwrw*,r*wrrt,tr*tr r t*wr,a►,► r ►*s• (See Benefit Code Key) Over PREVAILING �Ttme Holiday Note Classiftcation �� TRUCK SPOTTER $40.03 1H SD TUGGER OPERATOR $40.77 1H 5D VIBRATING SCREED (AIR, GAS, OR ELECTRIC) $40.03 1H 5D VIBRATOR $40.7� 1 H SD VINYL SEAMER $40.03 1H 5D WELDER $40.03 1H SD WELL-POINTLABORER $40.77 1H 5D LABORER3 - UNDERGROUND SEWER 8 WATER GENERAL LABORER 8 TOPMAN $40.03 1 H 5D PIPE LAYER $q0.77 1H 5D LANDSCAPE CONSTRUCTION IRRIGATION OR LAWN SPRINKLER INSTALLERS $9.25 1 LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $10.05 1 LANDSCAPING OR PLANTING LABORERS $�2 92 � LATHERS JOURNEYLEVEL $q$,74 1H 5D MARBLE SETTERS JOURNEY LEVEL $46.35 1 M 5A METAL FABRICATION (IN 3NOP) FITTER LABORER $26.96 1 $8.55 1 MACHINE OPERATOR $13.83 1 WELDER $13.83 1 MODULAR BUILDINGS CABINET ASSEMBLY $11.56 1 ELECTRICIAN $11.56 1 EQUIPMENT MAINTENANCE $� � � � PLUMBER $11.56 1 PRODUCTION WORKER $9.40 1 ' TOOL MAINTENANCE $11.56 1 UTILITY PERSON $11.56 1 WELDER PAINTERS $� � �� JOURNEY LEVEL $34,87 28 6Z PLASTERERS JOURNEY LEVEL $46.63 1R 5B PLAYGROUND 8 PARK EQUIPMENT INSTALLERS JOURNEY LEVEL $8.55 1 PLUMBERS 8 PIPEFITTERS JOURNEY LEVEL $55.57 1 G 5A POWER EQUIPMENT OPERATORS ASPHALT PLANT OPERATOR $50.39 1T 5D 8P ASSISTANT ENGINEERS $47,12 1T 5D 8P BACKHOE, EXCAVATOR SHOVEL, OVER 50 METRIC TONS TO 90 METRIC $50.94 1T 5D 8P TONS BACKHOE, EXCAVATOR SHOVEL, OVER 90 METRIC TONS $51.51 1T 5D 8P BACKHOE, EXCAVATOR, SHOVEL, OVER 30 METRIC TONS TO 50 $50.39 1T 5D 8P METRIC TONS BACKHOE, EXCAVATOR, SHOVEL, TRACTORS UNDER 15 METRIC TONS $49.48 1T 5D 8P BACKHOE, EXCAVATOR, SHOVEL, TRACTORS: 15 TO 30 METRIC TONS $49.90 1T 5D 8P BARRIER MACHINE (ZIPPER) $4g,g0 1T 5D 8P BATCH PLANT OPERATOR, CONCRETE $49.90 1T 5D 8P Page 5 KITSAP COUNTY EFFECTIVE 3-03-2010 ..............*.....*.«....*«*.«....,►..,►..*.***..«*..,►....*.*..,..,►*,......*..*.*,►,►....,►.....*,►.:...*...+►,►.,► (See Bene�t Code Key) Over PREVAILING Time Holiday Note Classification WAGE � � � BELT LOADERS (ELEVATING TYPE ) $49.48 1T SD 8P BOBCAT (SKID STEER) $47,�2 1T 5D 8P BROKK-REMOTE DEMOLITION EQUIPMENT $e{7,�2 1T SD 8P BROOMS , $4�,�Q 1T 5D 8P BUMP CUTTER $49.90 1T 5D 8P CABLEWAYS $50.39 1T SD 8P CHIPPER $qg,gp 1T 5D 8P COMPRESSORS $q7,12 1T 5D 8P CONCRETE FINISH MACHINE - LASER SCREED $q7.�2 1T 5D 8P CONCRETE PUMPS $49.48 1T SD SP CONCRETE PUMP-TRUCK MOUNT WITH BOOM ATTACHMENT $49.90 1T 5D 8P CONCRETE PUMP-TRUCK MOUNT WITH BOOM ATTACHMENT OVER 42 $50.39 1T SD 8P METERS CONVEYORS $49.48 1T 5D 8P CRANE, FRICTION 100 TONS THROUGH 199 TONS $51.51 1T 5D 8P CRANE, FRICTION OVER 200 TONS $52.07 1T 5D 8P CRANES, THRU 19 TONS, WITH ATTACHMENTS $49.48 1T 5D SP CRANES, 20 - 44 TONS, WITH ATTACHMENTS $49.90 1T 5D SP CRANES, 45 TONS - 99 TONS, UNDER 150 FT OF BOOM (INCLUDING JIB $50.39 1T 5D 8P WITH ATACHMENTS) CRANES, 100 TONS -199 TONS, OR 150 FT OF BOOM (INCLUDING JIB $50.94 1T 5D 8P WITH ATTACHMENTS) CRANES, 200 TONS TO 300 TONS, OR 250 FT OF BOOM (INCLUDING JIB $51.51 1T 5D 8P WITH ATTACHMENTS) CRANES, A-FRAME, 10 TON AND UNDER $47,12 1T 5D 8P CRANES, A-FRAME, OVER 10 TON $49.48 1T 5D 8P CRANES, OVER 300 TONS, OR 300' OF BOOM INCLUDING JIB WITH $52.07 1T SD 8P ATTACHMENTS CRANES, OVERHEAD, BRIDGE TYPE ( 20 - 44 TONS) $49.90 1T 5D 8P CRANES, OVERHEAD, BRIDGE TYPE ( 45 - 99 TONS) $50.39 1T SD 8P CRANES, OVERHEAD, BRIDGE TYPE (100 TONS 8 OVER) $50.94 1T 5D 8P CRANES, TOWER CRANE UP TO 175' IN HEIGHT, BASE TO BOOM $50.94 1T 5D SP CRANES, TOWER CRANE OVER 175' IN HEIGHT, BASE TO BOOM $51.51 1T 5D ' 8P CRUSHERS $49.90 1T 5D 8P DECK ENGINEER/DECK WINCHES (POWER) $49.90 1T 5D 8P DERRICK, BUILDING $50.39 1T 5D Sp DOZER, QUAD 9, D-10, AND HD�1 $50.39 1T 5D SP DOZERS, D-98 UNDER $49.48 1T SD 8P DRILL OILERS - AUGER TYPE, TRUCK OR CRANE MOUNT $49.48 1T 5D 8P DRILLING AAACHINE $49.90 1T 5D 8P ELEVATOR AND MANLIFT, PERMANENT AND SHAFT-TYPE $q7,�2 1T 5D 8P EQUIPMENT SERVICE ENGINEER (OILER) $49.48 1T 5D 8P FINISHING MACHINE/BiDWELL GAMACO AND SIMILAR EQUIP $49.90 1T 5D 8P FORK LIFTS, (3000 LBS AND OVER) $49.48 1T 5D 8P FORK LiFTS, (UNDER 3000 LBS) $47,�Q 1T 5D 8P GRADE ENGINEER $49.90 1T 5D 8P GRADECHECKER AND STAKEMAN $47,12 1T SD SP GUARDRAIL PUNCH $49.90 1T 5D 8P HOISTS, OUTSIDE (ELEVATORS AND MANLIFTS), AIR TUGGERS $49.48 1T 5D SP HORIZONTAUDIRECTIONAL DRILL LOCATOR $49.48 1T 5D 8P HORIZONTAUDIRECTIONAL DRIIL OPERATOR $49.90 1T 50 8P HYDRALIFTS/BOOM TRUCKS (10 TON 8 UNDER) $47,12 1T SD 8P HYDRALIFTS/BOOM TRUCKS (OVER 10 TON) $qg,qg 1T SD 8P Page 6 KITSAP COUNTY EFFECTIVE 3-03-2010 *.....«*...#.:......:#.,►,►..«�...,►,►....,►*.:,►..*..........,►*............«...«..:..........,►..,►..*..,►..,►.*... (see Beneflt code Key) Over PREVAILING Time HoNday Note Classification �� LOADERS, OVERHEAO (8 YD UP TO 8 YD) $50.39 1T SD 8P LOADERS, OVERHEAD (8 YD 8 OVER) • $50.94 1T 5D 8P LOADERS, OVERHEAD (UNDER 8 YD), PLANT FEED $49.90 1T SD 8P LOCOMOTIVES, ALL $49.9p 1T 5D 8P MECHANICS, ALL $50.94 1T 5D 8P MIXERS, ASPHALT PLANT $49,9p 1T 5D 8P MOTOR PATROL GRADER (FINISHING) $50.39 1T SD 8P MOTOR PATROL GRADER (NON-FINISHING) $49.48 1T 5D 8P MUCKING MACHINE, MOLE, TUNNEL DRILL AND/OR SHIELO $50.39 1T 5D 8P OIL DISTRIBUTORS, BLOWER DISTRIBUTION AND MULCH SEEDING $�{�,12 1T . SD 8P OPERATOR PAVEMENTBREAKER $$7,�2 1T 5D 8P PILEDRIVER (OTHER THAN CRANE MOUN1) $q9.90 1T SD 8P PLANT OILER (ASPHALT, CRUSHER) $49.48 1T 5D 8P P03THOLE DIGGER, MECHANICAL $q7,�2 1T SD 8P POWER PLANT $47,�2 1T 5D 8P PUMPS, WATER $q7, � 2 1 T 5D 8P QUICK TOWER-NO CAB, UNDER 100 FEET IN HEIGHT BASED TO BOOM $q7,�2 1T 5D 8P REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING $50.39 1T SD 8P EQUIP RIGGERANDBELLMAN $47,�2 1T 5D 8P ROLLAGON $50.39 1T 5D 8P ROLLER, OTHER THAN PLANT ROAD MIX $47,12 1T 5D 8P ROLLERS, PLANTMIX OR MULTILIFT MATERIALS $49.48 1T 5D 8P ROTO-MILL, ROTO-GRINDER $e�9.90 1T 5D 8P SAWS, CONCRETE $49.48 1T SD 8P SCRAPERS - SELF PROPELLED, HARD TAIL END DUMP, ARTICULATING $50.39 1T SD 8P OFF-ROAD EQUIPMENT (45 YD AND OVER) SCRAPERS, CONCRETE AND CARRY ALL $49.48 1T 5D 8P SCRAPER-SELF PROPELLED, HARD-TAIL END DUMP, ARTICULATING $49.90 1T 5D 8P OFF-ROAD EQUIPMENT (UNDER 45 YARDS) SHOTCRETE GUNITE $47.12 1T 5D 8P SLIPFORM PAVERS $50.39 1T SD 8p SPREADER, TOPSIDER 8 SCREEDMAN $50.39 1T 5D 8P SUBGRADE TRIMMER $49.90 1T 5D 8P TOWER BUCKET ELEVATORS $49,48 1T 5D 8P TRACTORS, (75 HP 8 UNDER ) $4g,48 1T 5D 8P TRACTORS, (OVER 75 HP) $49.90 1T 5D 8P TRANSFER MATERIAL SERVICE MACHINE $49.90 1T 5D 8P TRANSPORTERS, ALL TRACK OR TRUCK TYPE $50.39 1T 5D 8P TRENCHING MACHINES $dg,4g 1T 5D 8P TRUCK CRANE OILERlDRIVER ( UNDER 100 TON) $49.48 1T SD 8P ' TRUCK CRANE OILER/DRIVER (100 TON & OVER) $49.90 1T 5D 8P TRUCK MOUNT PORTABLE CONVEYER $4y,gQ 1T 5D 8P WELOER $50.39 1T 5D 8P WHEEL TRACTORS, FARMALL TYPE $47,12 1T SD 8P YO YO PAY DOZER $49.90 1T SD 8P POWER UNE CLEARANCE TREE TRIMMERS JOURNEY LEVEL IN CHARGE $40.79 4A SA SPRAY PERSON $38.73 4A 5A TREE EQUIPMENT OPERATOR $39.25 4A SA TREE TR�MMER $36.50 4A 5A TREE TRIMMER GROUNDPERSON $27.55 4A SA Page 7 KITSAP COUNTY EFFECTIVE 3-03-2010 ......« (See BeneSt Code Key) Over PREVAILING Time Holidey Note Classification WAGE S�S1g S�fl �g REFRIGERATION 8 AIR CONDITIONING MECHANICS MECHANIC $55.57 1G SA RESIDENTIAL BRICK MASON JOURNEY LEVEL $��,pq � RESIDENTIAL CARPENTERS JOURNEY LEVEL $20.00 1 RESIDENTIAL CEMENT MASONS JOURNEY LEVEL $30.87 1 RESIDENTIAL DRYWALL TAPERS JOURNEY LEVEL $20.00 1 RESIDENTIAL ELECTRICIANS JOURNEY IEVEL $14.00 1 RESIDENTIAL GLAZIERS JOURNEY LEVEL $48,61 1Y SG RESIDENTIAL INSULATION APPLICATORS JOURNEY LEVEL $13.96 1 REStDENTIAL LABORERS JOURNEY LEVEL $16.89 1 RESIDENTIAL MARBLE SETTERS JOURNEY LEVEL $17 � RESIDENTIAL PAINTERS JOURNEY LEVEL $19.52 1 RESIDENTIAL PLUMBERS 8 PIPEFITTERS JOURNEY LEVEL $21.11 1 RESIDENTIAL REFRIGERATION 8 AIR CONDITIONING MECHANICS JOURNEY LEVEL $�� RESIDENTIAL SHEET METAL WORKERS JOURNEY LEVEL (FIELD OR SHOP) $28.95 1 RESIDENTIAL SOFT FLOOR LAYERS JOURNEY LEVEL $19.38 1 RESIDENTIAL SPRINKLER FITTERS (FIRE PROTECTION) JOURNEY LEVEL $2� 74 � RESIDENTIAL STONE MASONS JOURNEY LEVEL $46.35 1M 5A RESIDENTIAL TERRAZZO WORKERS JOURNEY LEVEL $8.55 7 RESiDENT1AL TERRAZZOITILE FINISHERS JOURNEY LEVEL $30.26 1 RESIDENTIAL TILE SETTERS JOURNEY LEVEL $31.14 1 ROOFERS JOURNEY LEVEL $40.05 1R 5A USING IRRITABIE BITUMINOUS MATERIALS $43.05 1R SA SHEET METAL WORKERS JOURNEY LEVEL (FIELD OR SHOP) $59.32 1E 6L SHIPBUILDING 8 SHIP REPAIR CARPENTER $19.29 18 6W ELECTRICIAN $25.53 1B 6W HEAT 8 FROST INSULATOR $50.28 1S 5J LABORER $19 � � MACHINIST $19.29 1B 6W OPERATOR $19 � � gW Page 8 KITSAP COUNTY EFFECTIVE 3-03-2010 ...*,.*.,►.....,..* ................«.+►.*.*...**..«...*...,►..*...,►..*#..*.,►,►..,►.,►,►....*......,..*.....,►.,►.....: (See Beneflt Code Key) Over PREVAILING Tlme Holiday Note Classification WAGE �g �g �g PAINTER $34.87 2B 6Z PIPEFITTER $19.29 18 6W RIGGER $19,29 �g gyy SHEET METAL $22.2� � SHIPFITTER $19.29 18 6W WELDER/BURNER $19.29 18 6W SIGN MAKERS 81NSTALLER3 (ELECTRICAL) JOURNEY LEVEL $20.58 1 SIGN MAKERS 8 INSTALLERS (NON-ELECTRICAL) JOURNEY LEVEL $9,27 � SOFT FLOOR LAYERS JOURNEY LEVEL $39.19 2X 5A SOLAR CONTROLS FOR WINDOWS JOURNEY LEVEL $10.31 16 50 SPRINKLER FITTERS (FIRE PROTECTION) ` JOURNEY LEVEL $g4.29 1X 5C STAGE RIGGING MECHANICS (NON STRUCTURAL) JOURNEY LEVEL $13.23 1 STONE MASONS JOURNEY LEVEL $46.35 1M 5A STREET AND PARKING LOT SWEEPER WORKERS JOURNEY LEVEL $16.00 1 SURVEYORS , CHAIN PERSON $9.35 1 INSTRUMENT PERSON $11.40 1 PARTY CHIEF $13.40 1 TELECOMMUNICATION TECHNICIANS TELECOMMUNICATION TECHNICIANS JOURNEY LEVEL $34.09 1E 5A TELEPHONE LINE CONSTRUCTION - OUTSIDE CABLE SPLICER $32.27 2B 5A HOIE DiGGER/GROUND PERSON $18.10 28 5A INSTALLER (REPAIRER) $30.94 28 5A JOURNEY LEVEL TELEPHONE LINEPERSON $30.02 2B . 5A SPECIAL APPARATUS iNSTALLER I $32.27 28 SA SPECIAL APPARATUS INSTALLER 11 $31.62 2B 5A TELEPHONE EQUIPMENT OPERATOR (HEAVY) $32.27 2B SA ' TELEPHONE EQUIPMENT OPERATOR (LIGH� $30.02 28 5A TELEVISION GROUND PERSON $17.18 28 5A TELEVISION LINEPERSON/INSTAILER $22,73 2B 5A TELEVISION SYSTEM TECHNICIAN $27.09 26 5A TELEVISION TECHNICIAN $24.35 ZB 5A TREE TRIMMER $30.02 2B SA TERRAZZO WORKERS JOURNEY LEVEL $45.26 1 M 5A TILE SETTERS JOURNEY LEVEL $45.26 1M 5A TILE, MARBLE 8 TERRAZZO FINI3HERS FINISHER $12.00 1 TRAFFIC CONTROL STRIPERS JOURNEY LEVEL $38.90 1K 5A TRUCK DRIVERS ASPHALT MIX ( TO 16 YARDS) • $45.63 1T 50 8L Page 9 KITSAP COUNTY EFFECTIVE 3-03•2010 ..,►,►.,►......«..,.«,►,►..,►.,►.+►*...*...,►..*.,►,►...*,...:....**............,►«..,.*+►.*.*...*,►,►.*.....*,►..*,►«.*,..*.** , (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification �� ASPHALT MIX (OVER 18 YARDS) $46.47 1T 5D 8L DUMP TRUCK $19.60 1 DUMP TRUCK 8 TRAILER $19.60 1 OTHER TRUCKS $�8 37 � TRANSIT MIXER $ZO 79 � WELL DRILLERS 81RRIGATtON PUMP INSTALLERS IRRIGATION PUMP INSTALLER $13 �� OILER $14.08 1 WELL DRILLER $14.40 1 Page 10 PREVAILING WAGE RATES FOR � KITSAP COUNTY APPRENTICES EFFECTNE DATE 3/3/2010 PrevaiUng Overtime Holiday Note Stage of Progression & Hour Range Wage Code Code Code ASBESTOS A9ATEMENT WOR ERS JOURNEYLEVEL LABORERS 1 0000-1000 HOURS 60.0096 $27.65 1H 5D 2 1001-2000 HOURS 70.00% $30,74 1H 5D 3 2001-3000 HOURS 80.0096 $33.84 1H SD 4 3001-4000 HOURS 90.00% $36.93 1H SD Rnu Fa�rreKFac JOURNEYLEVEL � 000a�000 HouRS �o.00x g2�.24 � 2 1001-2000 HOURS 75.00°�6 g�,�g � 3 2001-3000 HOURS 80.00°� $2q_2� � 4 3001-4000 HOURS 85.00°�6 $25.79 1 5 4001-5000 HOURS 90.00°h $27,g� � 6 5001-6000 HOURS 95.00% $28.82 1 BRICK MASON JOURNEYLEVEL 1 0000-0750 HOURS 50.00% $28.74 1 M 5A 2 0750-2250 HOURS 55.00% $29.49 1M 5A 3 2550-3000 HOURS 60.00°� $31.21 1M SA 4 3000-3750 HOURS 70.00°Yo $g,q.gq � M r�q 5 3750-4500 HOURS 80.00% $38.07 1 M SA 8 4500-5250 HOURS 90.00% $41.50 1 M 5A 7 5250-6000 HOURS 95.00% $43.22 1M 5A CARPENTERS CARPENTER 1 0000-1000 HOURS 60.00% $28.81 1H SD 2 1001-2000 HOURS 65.0096 $36.08 1H 5D 3 2001-3000 HOURS 70.00°k $37.85 1H 5D 4 3001-4000 HOURS 75.00% $39.62 1H SD 5 4001-5000 HOURS 80.00% $41.39 1H 5D 6 5001-6000 HOURS 85.00% $43.18 1H 5D 7 6001-7000 HOURS 90.00% $44.93 1H SD 8 7001-8000 HOURS 95.00% $46.70 1H 5D DRYWALL APPL/CATOR DRYWALL, METAL STUD, AND CEILING APPLICATORS 1 0000-1000 HOURS 60.00% $28.81 1H SD 2 1001-2000 HOURS 65.00% $36.08 1H 5D 3 2001-3000 HOURS 70.00% $37.85 1H SD 4 3001-4000 HOURS 75.00% $39.62 1H SD 5 4001-5000 HOURS 80.00% $41.39 1H 5D 6 5001-6000 HOURS 85.00% $43.18 1H 5D 7 6001-7000 HOURS 90.00°k $44.93 1H SD 8 7001-8000 HOURS 95.00% $46.70 1H 50 Page 1 PREVAIUNG WAGE RATES FOR KRSAP COUNTY APPRENTICES EFFECTIVE DATE 3/3/2010 Prevailing OveKime Holiday Note Stage of Progression 8 Hour Range Wage Code Code Code Acousncac woa�a 1 0000-1000 HOURS 50.0096 $25.34 1H SD 2 1001-2000 HOURS 60.00% $34.39 1H SD 3 2001-3000 HOURS 68.00% $37.23 1H 5D 4 3001-4000 HOURS 76.00% • $40.08 1H 5D 5 4001-5000 HOURS 84.0096 $42.92 1H SD 6 5001-6000 HOURS 92.0096 $45.76 1H 5D MILLWRIGHT AND MACH/NE ERECTORS 1 0000-1000 HOURS 60.0096 $29.41 1H 5D • 2 1001-2000 HOURS 65.0096 $38.73 1H SD 3 2001-3000 HOURS 70.00% $38.55 1H 5D 4 3001-4000 HOURS 75.00% $40.37 1H 5D 5 4001-5000 HOURS 80.00% $42.19 1H SD 6 5001-6000 HOURS 85.00% $44.01 1H 5D 7 6001-7000 HOURS 90.00°r6 $45.83 1H 5D 8 7001-8000 HOURS 95.00°k $47.65 1H 5D P/�EDRNERS DRMNG PLlLLINC- PLdGING GOLLeRS AND L:� Ih"G 1 0000-1000 HOURS 60.00°k $28.93 1H 5D 2 1001-2000 HOURS 85.00% $36.21 1H 5D 3 2001-3000 HOURS 70.00°� $37.99 1H 5D 4 3001-4000 HOURS 75.00% $39.77 1H 5D 5 4001-5000 HOURS 80.00% $41.55 1H SD 8 5001-6000 HOURS 85.00% $43.33 1H 5D 7 6001-7000 HOURS 90.00% $45.11 1H 5D 8 7001-8000 HOURS 95.00% $46.89 1H SD BR/DQE. DOCK AND WARF GARPENTERS 1 0000-1000 HOURS 60.00°r6 $28.81 1 H 5D 2 1001-2000 HOURS 65.00°rb $36.08 1H SD 3 2001-3000 HOURS 70.00% $37.85 1H 5D 4 3001-4000 HOURS 75.00% $39.62 1H SD 5 4001-5000 HOURS 80.00°k $41.39 1H 5D 6 5001$000 HOURS 85.00% $43.16 1H SD 7 6001-7000 HOURS 90.00°� $44.93 1H SD 8 7001-8000 HOURS 95.00% $46.70 1H 5D CEMENT MASONS JOURNEYLEVEL 1 0000-0900 HOURS 50.00% $31.28 1 M SD 2 0901-1800 HOURS 80.00% $34.85 1M SD 3 1801-2700 HOURS 70.00% $38.43 1M 5D 4 2701-3600 HOURS 80.00% $42.00 1M 5D 5 3601-4500 HOURS 90.00% $45.58 1 M SD 6 4501-5400 HOURS 95.00°k $47.37 1M 5D DRYWALL TAPERS Page 2 PREVAIUNG WAGE RATES FOR KRSAP COUNTY , APPRENTICES EFFECTIVE DATE 3/3/2010 Prevailing OveKime Holiday Note Stage of Progression 8 Hour Range Wage Code Code Code JOURNEY LEVEL 1 0000-1000 HOURS 50.0096 $31.64 1 E SP 2 1001-2000 HOURS 55.00% $33.35 1E 5P 3 2001-3000 HOURS 65.0096 $38.78 1 E 5P 4 3001-4000 HOURS 75.00% $40.21 1E 5P 5 4001-5000 HOURS 85.00% $43.64 1 E SP 6 5001-6000 HOURS 90.0096 $45.36 1E 5P ELECTR/CIANS - INSIDE .LOURNEY LEVEL � 1 0000-1000 HOURS 45.0056 $26.69 2W 5L 2 1001-2000 HOURS 50.00% $28.80 2W 5L 3 2001-3500 HOURS 55.00°6 $35.26 2W 5L 4 3501-5000 HOURS 65.00°r6 $40.26 2W SL 5 5001-6500 HOURS 75.00% $45.26 2W 5L 6 6501-8000 HOURS 85.00°k $50.28 2W 5L FLEGTRIGIANS - POWERLINE CnNCrQUr_rinN J�URNEY LEVEL L/NEPERSON 1 0000-7000 HOURS 60.00°�6 $34.76 4A 5A 2 1001-2000 HOURS 63.00% ' $36.01 4A SA 3 2001-3000 HOURS 67.00% $37.77 4A 5A 4 3001-4000 HOURS 72.0096 $39.94 4A 5A 5 4001-5000 HOURS 78.00% $42.51 4A 5A 6 5001-6000 HOURS 86.00% $45.97 4A 5A 7 6001-7000 HOURS 90.00% $47.69 4A 5A POLE SPRAYER 1 0000-1000 HOURS 85.70% $45.87 4A 5A 2 1001-2000 HOURS 89.80% $47.60 4A 5A 3 2001-3000 HOURS 92.80°�6 $48.89 4A 5A ELEVATOR CONSTRUCTORS MECHAN/C 1 0000-1000 HOURS 50.00°k $22.07 4A 6Q 2 1001-1700 HOURS 55.00% $45.98 4A 6Q 3 1701-3400 HOURS 65.00°i6 $50.65 4A 6q 4 3401-5100 HOURS 70.00% $52.99 4A 6Q 5 5101-6800 HOURS 80.00°k $57.67 4A 6Q ELECTRONIC TECHNICIANS F► EGTRONIG TEGHN/G/ANS .!O(lRNEY LEV£L 1 0000-1000 HOURS 50.00°k $25.60 1D 5A 2 1001-2000 HOURS 55.00% $27.24 1D 5A 3 2001-3000 HOURS 60.00°i6 $28.94 1D SA 4 3001-4000 HOURS 65.00% $30.59 1D 5A 5 4001-5000 HOURS 70.0096 $32.24 10 5A 6 5001-6000 HOURS 75.00% $33.91 1D 5A 7 6001-7000 HOURS 80.00% $35.57 1D 5A Page 3 PREVAIUNG WAGE RATES FOR KITSAP COUNTY APPRENTICES . EFFECTIVE DATE 3/3/2010 ' Prevailing Overtime Holiday Note Stage of Progression 8 Hour Range Wage Code Code Code 8 7001-8000 HOURS 85.0096 $37.23 1D 5A TELEGOMML�NIGATION TEGHNIGIANS �EGOMM!!NIGAT/ON TEGHN/G�aNS �AIlRNEY LEL�► 1 0000-0800 HOURS 60.00% $22.23 1E 5A 2 0801-1500 HOURS 65.00% $23.71 1 E 5A 3 1601-2400 HOURS 70.0096 $25.20 1E SA 4 2401-3200 HOURS 75.00% $26.68 1 E SA 5 3201-4000 HOURS 80.00% $28.18 1E 5A 6 4001-4800 HOURS 85.00% $29.64 1E 5A S� JOURNEYLEVEL 1 0000-1000 HOURS 50.00% $27.01 1Y 5G � 2 1001-2000 HOURS 55.00% $29.17 1Y 5G 3 2001-3�0 HOURS 60.00% $31.33 1Y 5G 4 3001-4000 HOURS 65.00% $33.49 1Y 5G 5 4001-5000 HOURS 70.00°k $35.65 1Y 5G 6 5001-6000 HOURS 75.00°� $37.81 1Y 5G 7 8001-7000 HOURS 80.00°6 $39.97 1Y 5G 8 7001-8000 HOURS 90.00% $44.29 1Y SG H�dT 8 FROST INSL/LdTORS AND ASBESTOS WORKERS d'EGli9dl� 1 0000-2000 HOURS 45.00% $31.19 1S 5J 2 2001-4000 HOURS 55.00°6 $3q g4 �S 5J 3 4001-6000 HOURS 65.00% $38.49 1S 5J 4 6001-8000 HOURS 75.0096 $42.15 1S 5,1 5 8001•10000 HOURS 85.00°� $45.80 1S 5J HEATING EQUIPMENT MECHANIGS MECHAN/C 1 0000-2000 HOURS 45.0096 � $25.48 1E 6L 2 2001-3000 HOURS 50.00% $36.69 1 E 6L 3 3001-4000 HOURS 55.00% $38.78 1E 6L 4 4001-5000 HOURS 60.00% $40.91 1E 6L 5 5001-6000 HOURS 65.0096 $43.04 1E 6L 6 6001-7000 HOURS 70.0090 $45.15 1E 6L 7 7001-8000 HOURS 75.00% $47.28 1 E 6l 8 8001-9000 HOURS 80.0096 $49.40 1E 6L 9 9001-10000 HOURS 85.00% $51.53 1E 6L HOD CARRIERS 8 MASON TENDERS JOURNEY LEVEL 1 0000-1000 HOURS 60.0096 $27.65 1H SD 2 1001-2000 HOURS 70.00% $30.74 1H 5D 3 2001-3000 HOURS 80.00% $33.84 1H SD 4 3001-4000 HOURS 90.00% $36.93 1H 5D 1NSULAT/ON APPLICATOR� Page 4 PREVAILING WAGE RATES FOR KITSAP COUNTY _ APPRENTICES EFFECTIVE DATE 3/3/2010 Prevailing Overtime HoUday Note Stage of Progresston 8 Hour Range Wage Code Code Code JOURNEYLEVEL 1 0000-1000 HOURS 50.0096 $25.28 1M 50 2 1001-2000 HOURS 60.0096 $34.31 1M SD 3 2001-3000 HOURS 75.0096 $39.62 1 M 5D 4 3001-4000 HOURS 90.0096 $44.93 1M 5D IRONWORKERS JOURNEY LEVEL 1 0000-0750 HOURS 65.0096 $30.00 1 O 5A 2 0751-1500 HOURS 70.0096 $31.83 10 SA 3 1501-2250 HOURS 75.00% $45.12 1O 5A 4 2251-3000 HOURS 80.0096 $48.95 10 5A 5 3001-3750 HOURS 90.00% $50.61 10 5A 6 3751-4500 HOURS 90.00% $50.61 10 SA 7 4501-5250 HOURS 95.00°k $52.44 1 O 5A 8 5251-6000 HOURS 95.00% $52.44 10 5A LABORERS r.�u�qa� ! aAeQFA 1 0000-1000 HOURS 60.0096 $27.65 1 H 5D 2 1001-2000 HOURS 70.00% $30.74 1H 5D 3 2001-3000 HOURS 80.0096 $33.84 1H 5D 4 3001-4000 HOURS 90.00% $36.93 1H 5D � JOURNEY LEVEL 1 0000-0700 HOURS 50.00°r6 $25.41 1 H 5D 2 0701-1400 HOURS 60.0096 $34.48 1H 5D 3 1401-2100 HOURS 68.00% $37.33 1H SD 4 2101-2800 HOURS 76.0096 $40.18 1H 5D 5 2801-3500 HOURS 84.00% $43.03 1H 50 B 3501-4200 HOURS 92.0096 $45.89 1H SD A��RBLE SETTERS JOURNEYLEVEL 1 0000-0750 HOURS 50.0096 $28.74 1 M 5A 2 0750-2250 HOURS 55.00% $29.49 1M 5A 3 2550.3000 HOURS 60.00% $31.21 1M SA 4 3000-3750 HOURS 70.00% $34.64 1M 5A 5 3750-4500 HOURS 80.00% $38.07 1M 5A 8 4500-5250 HOURS 90.0096 $41.50 1 M 5A 7 5250-6000 HOURS 95.00% $43.22 1M 5A PA/NTERS dOURNEY LEVEL 1 0000-0750 HOURS 52.00% $21.06 2B 6Z 2 0751-1500 HOURS 56.00°k $22.2� 2B 6Z 3 1501-2250 HOURS 60.00°6 • $23.36 2B 6Z 4 2251-3000 HOURS 64.00% $24.52 2B BZ Page 5 PREVAILING WAGE RATES FOR KITSAP COUNTY APPRENTICES EFFECTIVE DATE 3/3/2010 Prevailing Overtime Holiday Note Stage of Progression 8 Hour Range Wage Code Code Code 5 3001-3750 HOURS 68.0096 $25 66 , 28 gZ 8 3751-4500 HOURS 72.0096 $26.82 28 6Z P/ dCTFRFQC JOURNEY LEVEL 1 0000-1000 HOURS 50.00% $24.78 1 R 5B 2 1001-2000 HOURS 50.0096 $31.53 1R 58 3 2001-3000 HOURS 60.0096 $34.55 1R SB 4 3001-4000 HOURS 70.0096 $37.57 1R 5B 5 4001-5000 HOURS 80.0096 $40.59 1R 5B 6 5001-8000 HOURS 90.00% $43.61 1R SB 7 6001-7000 HOURS 95.00% $45.12 1R SB PLLlMBERS & P/PEF/TTERS JOURNEYLEVEL 1 0000-1000 HOURS 50.00% $32.02 1 G 5A 2 1001-2000 HOURS 50.00% $32.02 1G SA 3 2001-3000 HOURS 55.00% $34.27 1 G 5A 4 3001-4000 HOURS 60.00°i6 $37.12 1G 5A 5 4001-5000 HOURS 65.00% $39.43 1G 5A 6 5001-6000 HOURS 70.00°k $41.74 1G 5A 7 6001-7000 HOURS 75.00% $44.04 1G SA 8 7001-8000 HOURS 80.00% $46.35 1G 5A 9 8001-9000 HOURS 85.00% $48.65 1G 5A 10 9001-10000 HOURS 90.00% $50.98 1G 5A POWER EQUIPMENT OPE dTORS F�L//PMENT SERVIGE ENG/NEER !OILER) ALL EQUIPMENT 1 0000-1000 HOURS 65.00% $37.46 1T 5D 8P 2 1001-2000 HOURS 70.00% $39.18 1T SD � 8P 3 2001-3000 HOURS 75.0096 $40.90 1T SD 8p 4 3001-4000 HOURS 80.0096 $42.61 1T 5D 8P 5 4001-5000 HOURS 90.00% $46.05 1T 5D gp 6 5001-6000 HOURS 95.0096 $47.76 1T 5D 8P POWER L/NE CL d dNGE TREE TR/MMERS TREE TR/MMER 1 0000-1000 HOURS 75.00% $28.89 4A 5A 2 1001-2000 HOURS 80.00% $30.25 4A SA 3 2001-3000 HOURS 85.00% $31.80 4A SA 4 3001-4000 HOURS 90.0096 $32.97 4A 5A REFR/GERdTION 8 A/R GONDITION/NG ME HAh'ICc AtF�d!ldl� 1 0000-2000 HOURS 50.00°Yo $32.02 1 G 5A 2 1001-2000 HOURS 50.0096 $32.02 1G 5A 3 2001-3000 HOURS 55.0096 $34.27 1G SA � 4 3001-4000 HOURS 60.00°i6 $37.12 1G 5A Page 6 PREVAILING WAGE RATES FOR KITSAP COUNTY APPRENTICES EFFECTNE DATE 3/3/2010 Prevailing Ove�time Holtday Note Stage of Progression & Hour Range Wage Code Code Code 5 4001-5000 HOURS 65.00% $39.43 1G 5A 6 5001-6000 HOURS 70.00% $41.74 1G 5A 7 6001-7000 HOURS 75.00°�6 $44.04 1G 5A 8 7001-8000 HOURS 80.0096 $46.35 1G 5A 9 8001-9000 HOURS 85.0096 $48.65 1G 5A 10 9001-10000 HOURS 90.0096 $50.96 1G SA � RESIDENTIAL CARPENTERS JOURNEY LEVEL 1 1st Period 60.00% $12.00 1 2 2nd Period 65.00% $13.00 1 3 3rd Period 70.0096 $14.00 1 4 4th Period 75.00% $15.00 1 5 Sth Period 80.00% $16.00 1 6 6th Period 85.00% $17.00 1 7 7th Period 90.00°Ao $18.00 1 8 8th Period 95.0096 $19.00 1 eES/DENTIAL ELECTRIC/ANS JOURNEYLEVEL 1 0000-0900 HOURS 50.�U°lo $8.55 1 2 0901-1800 HOURS 55.00°� $8.55 1 3 1801-2700 HOURS 75.00°� $10.50 1 4 2701-4000 HOURS 85.0096 $��,gp � RFCIAFMTIdI r.� e��FQe JOURNEYLEVEL 1 0000-1000 HOURS 50.00% $27.01 1Y 5G 2 1001-2000 HOURS 55.00% $29.17 1Y 5G 3 2001-3000 HOURS 80.0096 $31.33 1Y 5G 4 3001-4000 HOURS 65.00% $33.49 1Y 5G 5 4001-5000 HOURS 70.00% $35.85 1Y 5G 6 5001-6000 HOURS 75.00% $37.81 1Y 5G 7 6001-7000 HOURS 80.00°�6 $39.97 1Y 5G 8 7001-8000 HOURS 90.00% $44.29 1Y 5G RES/DENTIAL STONE MASONS dOURNEYLEVEL 1 0000-0750 HOURS 50.00% $28.74 1M 5A 2 0750-2250 HOURS 55.00% $29.49 1M 5A 3 2550-3000 HOURS 60.00% $31.21 1 M 5A 4 3000-3750 HOURS 70.00°� $34.64 1 M 5A 5 3750-4500 HOURS 80.00% $38.07 � 1M SA 6 4500-5250 HOURS 90.00% $�t1.50 1M SA 7 5250-6000 HOURS 95.00°� $43.22 1M 5A RES/DENTIAL PLUMBERS 8 PIPEF/TTERS JOURNEY LEVEL 1 1st Period 50.0096 $��,� � Page 7 PREVAILING WAGE RATES FOR � KITSAP COUNTY APPRENTICE3 EFFECTIVE DATE 3/3/2010 PrevaiNng Overttme Holiday Note Stage of Progression 8 Hour Range Wage Code Code Code 2 2nd Period 55.0096 gi�,g� � 3 3rd Pe�iod 80.00°�, $12.67 1 4 4th Period 70.00% $14.78 1 5 5th Period 80.00% $16.89 1 6 6th Period 90.0096 $19.00 1 ROOFERS JOURNEY LEVEL 1 0000-0820 HOURS 60.0096 $26.30 1R SA 2 0821-1630 HOURS 67.0096 $28.31 1R SA 3 1631-2450 HOURS 74.00°i6 $30.31 1R SA 4 2451-3270 HOURS 81.00°� $34.61 1R SA 5 3271�080 HOURS 88.0096 $36.62 1R 5A 6 4081-4899 HOURS 95.00% $38.62 1R SA SHEET METAL WORKERS JOURNEY LEVEL lF/ELD OR SHOP) 1 0000-2000 HOURS 45.00°k $25.48 1E 6L 2 2001-3000 HOURS 50.00°k $36.69 1E 6L 3 3001-4000 HOURS 55.00% $38.78 1 E 6L 4 4001-5000 HOURS 60.0036 $40.91 1E 6L 5�, 5001-6000 HOURS 65.00°� $43.04 1E 6L 6 6001-7000 HOURS 70.0096 $45.15 1E 6L 7 7001-8000 HOURS 75.00% $47.28 1E 6L 8 8001-9000 HOURS 80.00% $49.40 1E 6L 9 9001-10000 HOURS 85.00°�6 $51.53 1E 6L SOFT FL�OR LAYERS JOURNEY LEVEL 1 0000-1000 HOURS 50.00% $19.49 2X SA 2 1001-2000 HOURS 60.0096 $23.20 2X SA 3 2001-3000 HOURS 70.00% $29.22 2X 5A 4 3001-4000 HOURS 75.00% ggp.gg 2X 5A 5 4001-5000 HOURS 80.00% $32.55 2X 5A 6 5001-6000 HOURS 85.00% $34.20 2X 5A 7 6001-7000 HOURS 90.00% $35.86 2X SA 8 7001-8000 HOURS 95.00% $37.56 2X 5A SPR/NKLER I�ITTERS lF1RE PROTEGTIONI JOURNEY LEVEL 1 1 st Pe�od 40.00% $26.01 1 X 5C 2 2nd Period 42.00°r6 $26.89 1X 5C 3 3rd PeriOd 44.00% $27.84 1X 5C 4 4th Period 47.00°� $29.17 1X SC 5 5th Pe�iod 52.00% $36.83 1 X SC 6 6th Period 57.00% $39.04 1X 5C 7 7th Period 62.00°� $41.50 1 X 5C 8 81h Period 65.0096 $42.82 1X 5C 9 9th Period 75.00°� $47.74 1X 5C Page 8 PREVAILING WAGE RATES FOR KITSAP COUNTY APPRENTICES EFFECTIVE DATE 3/3/2010 Prevailing Overtime Holiday Note Stage of Progression 8 Hour Range Wage Code Code Code 10 10th Period 80.0096 $49.95 1X 5C STONE MASONS ' JOURNEYLEVEL 1 0000-0750 HOURS 50.00°i6 $28.74 1 M 5A 2 0750-2250 HOURS 55.00°6 $29.49 1 M 5A 3 2550-3000 HOURS 60.00% $31.21 1 M 5A 4 3000-3750 HOURS 70.0096 $gq,� �M � 5 3750-4500 HOURS 80.0096 $38.07 1 M 5A 6 4500-5250 HOURS 90.00°r6 $41.50 1 M 5A 7 5250-6000 HOURS 95.00% $43.22 1M SA TERRAZZO WOR ERS JOURNEYLEVEL 1 0000-1000 HOURS 50.00% $26.86 1M 5A 2 1001-2500 HOURS 55.00% $28.52 1M 5A 3 2501-3500 HOURS 60.00% $30.19 1M 5A 4 3501-4500 HOURS 70.00% $33.53 1M 5A 5 4501-5500 HOURS 80.00% $36.87 1M 5A 6 5501-6250 HOURS 90.00% $40.20 1M SA 7 6251-7000 HOURS 95.00% $41.87 1M SA T/LE. MARBLE 8 TERRdL70 FINISHERS Fldl�lfEH ---- ----- --- - ---- 1 0000-1000 HOURS 50.00% $8.55 1 2 1001-2500 HOURS 55.00% $8.55 1 3 2501-3500 HOURS 60.00°k $8.55 1 4 3501-4500 HOURS 70.00°� $8.55 1 TI/ F CFTTR�?C JOURNEY LEVEL 1 0000-1000 HOURS 50.00% $26.86 1M SA 2 1001-2500 HOURS 55.00% $28.52 1M 5A 3 2501-3500 HOURS 60.00°Ao $30.19 1M 5A 4 3501 �500 HOURS 70.00% $33.53 1 M SA 5 4501-5500 HOURS 80.00% $36.87 1M SA 6 5501-8250 HOURS 90.00% $40.20 1M 5A 7 6251-7000 HOURS 95.00% $41.87 1M 5A TRAFFIG GONTROL STR/PERS JOURNEYLEVEL 1 0000-0500 HOURS 60.00% $16.44 1K SA 2 0501-1000 HOURS 60.00% $21.86 1K 5A 3 1001-1166 HOURS 60.00% $25.59 1K SA 4 1167-2333 HOURS 85.0096 $27.25 1K SA 5 23343499 HOURS 75.0096 $30.58 1K 5A 6 3500-4668 HOURS 85.0096 $33.91 1 K SA 7 4667-5833 HOURS 90.00°�6 $35.57 1K 5A 8 5834-7000 HOURS 95.00% $37.24 1 K SA Page 9 PREVAIUNG WAGE RATES � FOR KITSAP COUNTY APPRENTICES EFFECTIVE DATE 3/3/2010 Prevaiflng Overtime Holiday Note Stage of Progression 8 Hour Range Wage Code Code Code TRUCK DRNERS DUMP TRUCK ALL TRUCKS 1 0000-0700 HOURS 70.00% $13.72 1 2 0701-1400 HOURS 80.0096 $�S,gg � 3 1401-2100 HOURS 90.0096 g�� Page 10 DATE SUBMITTED: March 29, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL � ....................................................................................... SUBJECT: Committee Meeting Date: � Ql, j � a, aQ�Q Grant Agreement with the State of COUNCIL MEETING Date: '�, ��0 Washington and the Recreation and Department: Pazks & Recreation Conservation Funding Board for Kiwanis Presenter: Wyn Birkenthal Pazk Impmvements Colette Berna ' Phone: (360) 473-5305 SUMMARY: The attached grant agreement will provide $400,000 to assist in the renovation of Kiwanis Pazk. Improvements include drainage for lower park area, grading, new play azea, landscaping, wallcing paths, restroom, benches, picnic shelter, soccer field upgrades and play meadow. Renovation of Kiwanis Pazk is the 2nd highest ranked pmject in the Parks Capital Improvement Plan and improvements have been discussed with the neighborhood, soccer association and church stakeholders. The Bremerton Kiwanis Club is an active partner ha.ving pledged $25,000 of cash in addirion to volunteer labor. ATTAC��NTS: Land and Water Conservation Fund Program Grant Agreement FISCAL IMPACTS (Include Budgeted Amount): Match is budgeted through:$100,000 Low Impact Development Grant; $40,000 CDBG grant; $40,000 match for CDBG grant residing in the Parks Construction Fund 310; $25,000 Kiwanis Club donation; ;1{`/95000 parKS �i f'a� GanStVN,�a, � r►.l 31Q APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR � __ � �Q, QI;� MAYOR: b '�QJ�IQ- � - � � ' , t�,9�- -.� COMMITTEE CHAIR `'� � ' COUNCIL PRESIDENT: ' CONSENT AGENDA ❑ GENERAL BUSINESS � PUBLIC HEARING ❑ RECOMMENDED MOTION: I move to authorize the Mayor to enter into the Kiwanis Park grant agreement with the State of Washington and the Recreation and Conservation Funding Boazd 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 Page 1 of 2 Wyn Birkenthal From: Ibarra, Tauren (RCO) [Tauren.lbarra@rco.wa.gov] on behalf of Austin, Marguerite (RCO) [Marguerite.Austin@rco.wa. gov] Sent: Friday, March 19, 2010 1:36 PM To: Wyn Birkenthal Cc: Thirtyacre, Sarah (RCO) Subject: RCO Agreement #09-1351 D Attachments: 09-1351 Diversifying Kiwanis.pdf March 19, 2010 Wyn Birkenthal City of Bremerton 680 Lebo Blvd Bremerton, WA 98310 RE: Diversifying Kiwanis: from Field to Park, RCO #09-1351 D Dear Mr. Birkenthal: Congratulations on receiving a grant for the Diversifying Kiwanis: from Field to Park project. Your grant is administered by the Recreation and Conservation Office (RCO) and attached are some grant contract materials you need to sign and return to us before your project may begin. Attached you will find a contract called a project agreement, which includes the standard terms and conditions, a project summary, a milestone report of your key deadlines, and an eligible reimbursement activities report that describes what you can bill to us. � After reviewing these materials, please print two copies of the entire project agreement, have the appropriate person sign both, and return both signed copies within 60 days to PO Box 40917, Olympia, WA 98504-0917. Your project agreement will then be signed by RCO and a copy will be returned to you for your records. Once you've received a signed project agreement, you can begin implementing your grant project. It is extremely important that you complete your project on time to ensure the continuing success and credibility of the Land and Water Conservation Fund. Timely use of your grant helps demonstrate effective use of funding to citizens and policymakers. We encourage you to contact the media about your project to help build public awareness of it and its benefits. Acknowledging grant funding helps increase the public's understanding of the value the funding provides to communities. Please notify your project manager of any event celebrating your project's beginning or completion. We'd love to help you celebrate! As always, staff is available to answer your questions. If you need assistance, please contact Sarah Thirtyacre at (360) 902-0243 TDD (360) 902-1996, or sarah.thirtvacreCc�rco.wa.pov. Thank you again for helping make this valuable investment in Washington's great outdoors. Sincerely, Marguerite Ausfin Manager, Recreation Section ci�i�nin y � WASHINGTON STATE �" Recreation and � Conservation Office LWCF Project Agreement Recreation Resource Account Project Sponsor: Bremerton Parks & Recreation Department Project Number: 09-1351 D Project Title: Diversifying Kiwanis: from Field to Park Approval Date:11/18/2009 q, PARTIES OF THE AGREEMENT This project grant agreement (agreement) is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB), P.O. Box 40917, Olympia, Washington 98504-0917 and City of Bremerton by and through the Bremerton Parks & Rec Dept (sponsor), 680 Lebo Blvd, Bremerton, WA 98310 and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This agreement sets out the terms and conditions by which a grant is made from the Recreation Resource Account of the State of Washington. The grant is administered by the Recreation and Conservation Offlce (RCO) to the sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject project is described on the attached project summary. D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on April 1, 2010 and end on September 30, 2012. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this agreement or specifically provided for by funding board/office policy. Requests for time extensions are to be made at least 60 days before the agreement end date. If a request for a time extension is not made at least 60 days before the agreement end date, the request may be denied. If the request is made after the agreement end date, the time extension will be denied. E. ON-GOING OBLIGATION For development projects the project sponsor's on-going obligations shall be in perpetuity and shall survive the completioNtermination of this project agreement untess othervvise identified in the agreement or as approved by the funding board. It is the intent of the funding board's conversion policy (see section 26) that ali areas developed with funding assistance remain in the public domain in perpetuity. F. PROJECT FUNDING The total grant award provided by the funding board/office for this project shall not exceed $400,000.00. The funding board/office shall not pay any amount beyond that approved for funding of the project. The sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the sponsor toward work on this project at a minimum shall be as indicated below: Percentage Dollar Amou RCFB - Land and Water Conservation 50.00% $400,000.00 Project Sponsor 50.00% $400,000.00 Total Project Cost 100.00% $800,000.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this agreement are subject to this agreement and its attachments, as now existing or hereafter amended, including the sponsor's application, project summary, eligible reimbursement activities report, and project milestones, all of which are incorporated herein. Except as provided herein, no amendmenUdeletions of any of the terms or conditions of this agreement will be effective unless provided in writing. All such amendmenUdeletions except those conceming the period of performance, must be signed by both parties. Period of pertormance extensions need only be signed by RCO's director or designee. The sponsor has read, fully understands, and agrees to be bound by ali terms and conditions as set forth in these documents. LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 1 of �4 PROJAGR.RPT H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB-SRFB POLICIES This agreement is govemed by, and the sponsor shall compty with, all applicable state and federal laws and regulations, including Chapter 79A.25 RCW, Chapter 286 WAC, and published agency policies, which are incorporated herein by this reference as if fully set forth. I. SPECIAL CONDITIONS None J. ' FEDERAL FUND INFORMATION A portion or all of the funds for this project are provided through a federal funding source. Funds provided from the US Dept of Interior must be reported under CFDA #15.916 - Land & Water Conservation and Award Number Apport Ltr FY07 for federal fiscal year 2007. If the sponsor's total federal expenditures are $500,000.00 or more during the sponsor's fiscal-year, the sponsor is required to have a federal single audit conducted for that year in compliance with Office of Management and Budget Circular A-133. A copy of the final audit report must be provided to RCO within nine months of the end of the sponsoP s fiscal year, unless a longer period is agreed to in advance by the cognizant or oversight agency. Failure to provide required A-133 audits wiil lead to a suspension of payments and may lead to a suspension of RCO agreements. K. PROJECT AGREEMENT REPRESENTATIVE All written communications sent to the sponsor under this agreement will be addressed and delivered to: Proiect Contact RCFB Name: Colette Bema Recreation and Conservation Office Title: Park Development Planner Natural Resources Building Address: 680 Lebo Blvd PO Box 40917 Bremerton, WA 98310 Olympia, Washington 98504-0917 These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement, with all amendments and attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement, for project 09-1351 D, shall be effective on signing by all parties. Reimbursements for eligible and allowable costs incurred prior to the effective date and those costs incurred within the period of pertormance are allowed only when this agreement is signed by all parties and an original is received by RCO. The period of performance is identified in section D. LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 2 of 14 PROJAGR.RPT The signators listed below represent and warrant their authority to bind the parties to this agreement. Bremerton Parks & Rec Dept By: Detei Name: (printed) Title: State of Washington On behalf of the Recreation and Conservation Funding Board (RCFB) By: Date: Kaleen Cottingham Director, Recreation and Conservation Office Pre-approved as to form: By: /s/ Date: April 1, 2009 Assistant Attomey General LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 3 of 14 PROJAGR.RPT � WASHINGTON STATE � �g� � Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Project Sponsor: Bremerton Parks & Recreation Department Project Number: 09-1351 D Project Tkle: Diversifying Kiwanis: from Field to Park Approval Date:11/18/2009 SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS A. Any citations referencing specific documents refer to the current version at the date of project agreement and/or any revisions in the future. B. Headings used in this agreement are for reference purposes only and shall not be considered a substantive part of this agreement. C. Definitions. As used throughout this agreement, the following terms shail have the meaning set forth below: acquisition - The gaining of rights of ownership by purchase, negotiation, or other means, of fee or less than fee interests in real property. agreement - The accord accepted by all parties to the present transaction; this agreement, any suppiemental agreements, any amendments to this agreement and any intergovemmental agreements. applicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the funding board. application - The forms and support documents approved by the funding board or its director for use by applicants in soliciting project funds administered by RCO. asset - Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this agreement. This definition is restricted to non-fixed assets, including but not limited to vehicles, computers or machinery. cognizant or oversight agency - Federal agency responsible for ensuring compliance with federal audit requirements. contractor - Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate agreement with the sponsor. The term "contractor" and "contractors" means contractor(s) in any tier. corporate sponsor - Any corporate form of business, including nonprofit organizations, under RCW 23, 23B and 24. developmenUrenovation - Construction of or improvement of site or site facilities. director - The chief executive officer of the Recreation and Conservation Office or that person's designee. elements and items - Components defined as part of the scope of work, see Section 26 B. funding board - The board that authorized the funds in this agreement, either the Recreation and Conservation Funding Board (RCFB) created under chapter 79A.25.110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter 77.85.110 RCW. landowner agreement - A landowner agreement is required between a sponsor and landowner for projects located on land not owned, or othervuise controlled, by the sponsor. milestone - An important event with a defined deadline for an activity related to implementation of a funded project. period of pertormance - The time period specified in the agreement, under Section D, period of pertormance. post evaluation summary - One of the documents used to summarize and describe the actions undertaken in the agreement. project - The undertaking that is the subject of this agreement and that is, or may be, funded in whole or in part with funds administered by RCO on behalf of the funding board. RCO - Recreation and Conservation Office - The state offce that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board. RCO includes the director and staff, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this agreement by Chapters 77.85.110 and 79A.25.240 RCW. reimbursement - Payment of eligibie and allowable costs that have already been paid by the sponsor per the terms of the agreement. restoration/enhancement - Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site. sponsor - The eligible applicant who has been awarded a grant of funds and is bound by this executed agreement; includes its officers, employees, agents and successors. SECTION 2. PERFORMANCE BY THE SPONSOR The sponsor shall undertake the project as descxibed in this agreement, post evaluation summary, the sponsors application, and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the funding board. All submitted documents are incorporated by this reference as if fuily set forth ' herein. The Order of Precedence is covered in Section 34. Timely completion of the project is important. Failure to meet critical milestones or complete the project, as set out in this agreement, is a material breach of the agreement. LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC page a of �a PROJAGR.RPT SECTION 3. ASSIGNMENT Neither this agreement, nor any claim arising under this agreement, shall be transferred or assigned by the sponsor without prior written consent of the funding board. SECTION 4. RESPONSIBILITY FOR PROJECT • While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this agreement, the project itself remains the sole responsibility of the sponsor. The funding board undertakes no responsibilities to the sponsor, or to any third party, other than as is expressly set out in this agreement. The responsibility for the implementation of the project, is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. SECTION 5. INDEMNIFICATION To the fullest extent permitted by the law, the sponsor expressty agrees to and shall indemnify, defend and hold harmless the State and its agencies, officials, agents and employees from and against all claims, actions, costs, damages, or expenses of any nature arising out of or incident to the sponsor's or any contractoPs performance or failure to pertorm the agreement. Sponsor's obligation to indemnify, defend and hold harmless also includes any Gaim by sponsor's agents, employees, representatives or any wntractor or its employees. Sponsor's obligation to defend includes payment of any costs or attorneys' fees. Sponsor's obligation shall not include such Gaims that may be caused by the sole negligence of RCO, its officials, agents, and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) RCO, its agents or employees and (b) the sponsor, its contractors, agents, or employees, this indemnity provision shail be valid and enforceable only to the extent of the negligence of the sponsor or its contractors, agents, or employees. The sponsor expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemniTy, defend, and hold harmless the State and its agencies, of6aals, agents or employees. , SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this agreement are not officers, employees or agents of the funding board or RCO. The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B RCW. The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deduciions of any kind required by federal, state, and/or local laws. SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the sponsor terminate this agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the sponsor in the procurement of, or pertormance under, this agreement. In the event this agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the agreement by the sponsor. The rights and remedies of RCO provided for in this clause shall not be exGusive and are in addition to any other rights and remedies provided by law. SECTION 8. ACKNOWLEDGMENT AND SIGNS A. Publications. The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other pubiication developed or modified for, or referring to, the project. B. Signs. The sponsor also shall post signs or other appropriate media at project entrances and other locations on the project which �� acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the , director. i C. Ceremonies. The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state: 1. The percentage of the total costs of the project that is financed with federal money; 2. The dollar amount of federal funds for the project; and 3. The percentage and dollar amount of the total costs of the project that is financed by nongovemmental sources. LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page s of �a PROJAGR.RPT SECTION 9. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the agreement in accordance with applicable federal, state, and local laws, regulations and RCO and funding board policies. The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to: State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (critical areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health AdministratioNWashington Industrial Safety and Health Act); and Buy American Act. Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with Gearing of riparian trees or in-water work unless either the sponsor has complied with 50 CFR 223.203 (b)(8), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this project agreement. This section shall not be the basis for any enforcement responsibility by RCO. Nondiscrimination Laws The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. Prevailing Wage The sponsor agrees to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract when required by state law to do so, and to comply with the provisions of the Davis-Bacon Act, other federal laws and Chapter 39.12 RCW, as amended, and the rules and regulations of the Department of Labor and Industries. Restrictions on Grant Use No part of any funds provided under this grant shall be used, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, bookiet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. SECTION 10. ARCHAEOLOGICAL AND CULTURAL RESOURCES The real property acquired, developed, renovated, or restored through this grant is subject to Governor's Executive Order (EO) 05-05 , or compliance with Section 106 of the National Historic Preservation Act conceming the review, analysis, and consultation with the Washington State Department of Archaeology and Historic Preservation and affected Tribes for archaeological and cultural resources. The funding board requires documented compliance with EO 05-05 or Section 106 of the National Historic Preservation Act, whichever is applicable to the project. In the event that a federal agency dectines to consult, the sponsor shall comply with EO 05-05. The sponsor must comply with EO 05-05 or the National Historic Preservation Act before initiating ground disturbing activity. RCO will issue a notice to proceed (if applicable) when appropriate documentation has been received. RCO will not reimburse for construction related activity until the sponsor demonstrates compliance. In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following: concerned Tribes' � cultural staff and cuitural committees, RCO, and the State Department of Archaeology and Historic Preservation. In the event that human remains are discovered during project activiry, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the concemed Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50. SECTION 11. HAZARDOUS SUBSTANCES A. Definition. "Hazardous substance," as defined in Chapter 70.105D.020 (11) RCW, means: 1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW, or any dangerous or extremely hazardous waste designated by rule pursuant to Chapter 70.105 RCW; 2. Any hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous substance as defined by rule pursuant to Chapter 70.105. RCW; 3. Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14); LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 6 of 14 PROJAGR.RPT 4. Petroteum or petroleum products; and 5. Any substance or category of substances, inGuding solid waste decomposition products, determined by the director [or director's designee] of the department of ecology by rule to present a threat to human health or the environment if released into the environment. 6. The term hazardous substance does not inctude any of the following when contained in an underground storage tank from which there is not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law. B. Certification. The sponsor shall insped, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances and certity: 1. No hazardous substances were found on the site, or 2. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed "clean ' C. Responsibility. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW. D. Hold Harmless. The sponsor wiil defend, protect and hold harmless RCO and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resutting from the presence of, or the release or threatened release of, hazardous substances on the property being acquired. SECTION 12. RECORDS MAINTENANCE The sponsor shall maintain books, records, documents, data and other evidence relating to this agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficienUy and properly reflect alt direct and indirect costs of any nature expended in the performance of this agreement. Sponsor shall retain such records for a period of six years from the date RCO closes the project. At no additional cost, these records, including materials generated under the agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the cecords shall be retained until all litigation, Gaims, or audit findings involving the records have been resolved. SECTION 73. PUBLIC RECORDS Sponsor acknowledges that the funding board is subject to chapter 42.56 RCW and that this agreement shall be a public record as � defined in chapter 42.56 RCW. Additionaity, in compliance with RCW 77.85.130 (8), sponsor agrees to disclose any information in regards to expenditure of any funding received from the funding board. SECTION 14. ACCESS TO DATA In compiiance with chapter 39.29 RCW, the sponsor shail provide access, when requested, to data generated under this agreement to RCO, the Joint Legisiative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the sponsor's reports, including computer models and methodology for those models. SECTION 15. TREATMENT OF ASSETS A. Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program. When the sponsor discontinues use of the asset(s) for the purpose for which it was funded, RCO will require the sponsor to deliver the asset(s) to RCO, dispose of the asset according to RCO policies, or retum the fair market value of the asset(s) to RCO. Assets shall be used only for the purpose of this agreement, unless othervvise provided herein or approved by RCO in writing. B. The sponsor shafl be responsible for any loss or damage 10 assets which results from the negligence ofi the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices. SECTION 16. RIGHT OF INSPECTION The sponsor sha11 provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal govemment, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this agreement. If a landowner agreement has been executed, it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance. SECTION 17. STEWARDSHIP AND MONITORING Sponsor agrees to perForm monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board. LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Pa9e 7 of �a PROJAGR.RPT SECTION 18. DEBARMENT CERTIFICATION FOR FEDERALLY FUNDED PROJECTS "Lower tier participants" refer to any sponsor receiving a federal grant through RCO. Lower tier participants also refer to any grantee, subgrantee, or contractor of any graniee or subgrantee from the original sponsor funded by RCO. In this section, the sponsor certifies to RCO that neither they nor their subgrantees are suspended or debarred. Any grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor certifies to the sponsor directly. For any federally funded projects, sponsors are required to follow any federal requirements. Furthermore any federal funding ' requirements wiil be passed on to any other entity to whom the sponsor passes funds (also referred to as a lower tier participant). The sponsor (prospective lower tier participant) certifies, by signing this agreement, that neither it nor its principais nor any other lower tier participants are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The sponsor (prospective lower tier participant) shall provide immediate written notice to RCO if at any time the prospective lower tier participant leams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Should the prospective lower tier participant enter into a covered transaction with another pe�son at the next lower tier, the sponsor (prospective lower tier participant) agrees by signing this agreement that it will verify that the person with whom it or its lower tier participant intends to do business is not excluded or disqualified. The sponsor (prospective lower tier participant) will do this by: A. Checking the federal Excluded Parties List System (www.epis.gov) for that person; or B. Collecting a certification from that person; or C. Adding a clause or condition to the covered transaction with that person. The sponsor (prospective lower tier participant) agrees by signing this agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, deGared ineligibte, or voluntarily excluded from participation in this covered Vansaction, unless authorized by the department or agency with which this transaction originated. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. SECTION 19. PROJECT FUNDING A. Additional Amounts. The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this agreement. B. Before the Agreement. No expenditure made, or obligation incurred, by the sponsor before the effective date of this agreement shall be eligible for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or program specific eligible pre-agreement costs. The dollar amounts identified in this agreement may be reduced as necessary to exGude any such expenditure from reimbursement. C. After the period of performance. No expenditure made, or obligation incurred, following the period of pe�formance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the funding board may have under this agreement, the grant amounts identified in this agreement shall be reduced to exclude any such expenditure from participation. SECTION 20. PROJECT REIMBURSEMENTS A. Sponsors may only request reimbursement after eligible and allowable costs have already been paid and remitted to their vendors. g. Compliance and Payment. The obiigation of RCO to pay any amount(s) under this agreement is expressly conditioned on strict compliance with the terms of this agreement by the sponsor. C. Compliance and Retainage. RCO reserves the right to withhold disbursement of the final ten percent (10%) of the total amount of the grant to the sponsor until the project has been completed. A project is considered "complete" when: 1. Ail approved or required activities outlined in the agreement are done; 2. On-site signs are in place (if applicable); 3. A final project report is submitted to RCO; 4. Any other required documents are complete and submitted to RCO; 5. A final reimbursement request is submitted to RCO; 6. The completed project has been accepted by RCO; � 7. Final amendments have been processed; and S. Fiscal transactions are complete. D. Reimbursement Request Frequency. Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring behnreen July 1 and June 30. Sponsors must refer to cuRent RCO policies and procedures regarding reimbursement requirements. LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 8 of �a PROJAGR.RPT SECTION 21. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services to be provided under this agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420-12-060 (5). SECTION 22. RECOVERY OF PAYMENTS In the event that tfie sponsor fails to expend funds under this agreement in accordance with state and federal laws, and/or the provisions of the agreement, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of twelve percent (12°�) per annum from the time that payment becomes due and owing. SECTION 23. COVENANT AGAINST CONTINGENT FEES The sponsor waRants that no person or selling agent has been employed or retained to solicit or secure this agreement on an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right, in the event of breach of this clause by the sponsor, to terminate this agreement without liability or, in its discretion, to deduct from the agreement grant amount or consideration or recover by other means the fuil amount of such commission, percentage, brokerage or contingent fee. SECTION 24. PROVISIONS APPLYING TO DEVELOPMENT/RESTORATION PROJECTS The following provisions shall be in force only if the project described in this agreement is for developmenUrestoration of land or fiacilities for outdoor recreation, habitat conservation, or salmon recovery: q, Document Review and Approval. The sponsor agrees to submit one copy of all developmenUrestoration or construction plans and specifications to RCO for review. Review and approval by RCO will be for compliance with the terms of this agreement. g, Contracts for Development or Restoration. Sponsor shall award all contracts for construction, development or restoration using whatever method is appropriate and required for the sponsor. C, Contract Change Order. Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. D. Control and Tenure. The sponsor must provide documentation that shows appropriate tenure (land owner agreement, long term lease agreement, easement, or fee simple ownership) for the land proposed for development or restoration. The documentation must meet current RCO requirements. E. Nondiscrimination. Except where a nondiscrimination Gause required by a federal funding agency is used, the sponsor shall insert the following nondiscrimination Gause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." F. Use of Best Management Practices. Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program. The best management practices are described in three documents: "Stream Habitat Restoration Guidelines: Final Draft", 2004; "Design of Road Culverts for Fish Passage°, 2003; and "Integrated Streambank Protection Guidelines", 2002. These documents and other information can be found on the AHG website. SECTION 25. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this agreement is for the acquisition of interest in real property (including easements) for outdoor recreation, habitat conservation, or salmon recovery purposes: q Evidence of Land Value. Before disbursement of funds by RCO as provided under this agreement, the sponsor agrees to supply evidence to RCO that the cost of the property rights acquired has been established according to funding board policy. g. Evidence of Title. The sponsor agrees to show the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. � �. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased with funding assistance provided through this project agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the agreement before finat payment. D. Conveyance of Rights to the State of Washington. Document securing long-term rights for the State of Washington. When real property rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington. These documents inGude a Deed of Right, Assignment of Rights, Easements and Leases. The sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO. The document required will vary depending on the project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity. LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page s ot ia PROJAGR.RPT 1. Deed of Right. The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and/or use the property for public purposes consistent with the fund source. Sponsors shall use this document when acquiring real property rights that inGude the underlying land. This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement to RCO. Sponsors shali use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes. The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases. The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document. Language will depend on the situation; sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. E, Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)—Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this agreement, the sponsor, if required by law, agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26.010 RCW, and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to provide any housing and relocation assistance required. F, Buildings and Structures. In general, grant funds are to be used for outdoor recrea6on, habitat conservation, or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with section 10 - Archaeological and Cultural Resources before structures are removed or demolished. G, Archaeological and Cultural Resources. The sponsor agrees that any real property interests acquired under this agreement, if to be developed in the future, is subject to section 10 (Archaeological and Cultural Resources) prior to any ground disturbing activity. SECTION 26. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired, developed, and/or restored pursuant to this agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies. It is the intent of the funding board's conversion policy, curcent or as amended in the future, that all reai property or facilities acquired, developed and/or restored with funding assistance remain in the public domain in perpetuity unless othervuise identified in the agreement or as approved by the funding board. When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding board policies. A. A conversion occurs when one or more of the following has taken place, whether affecting an entire site or any portion of a site funded by the funding boards. 1. Conveyance. Property interests are conveyed for purposes inconsistent with the originai grant request.. 2. Conveyance to Ineligible Third Party. Property interests are conveyed to a third party not othenvise eligible to receive grants in the program from which funding was derived. 3. Non-eligible Uses. A use occurs that is inconsistent with the original grant request. 4. Non-etigible Facilities. Non-eligibte facilities are developed within the project area. 5. Termination of Public Use. When public use, as described in the original grant request, is temporarily or permanently terminated or excluded. 6. Environmental Functions. For habitat projects, if the property acquired, restored or enhanced no longer provides the environmental functions for which funding board grants were originally approved. LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 10 of 14 PROJAGR.RPT g, Changing a projecYs elements and items. When approved by the funding board or director, certain elements and items may be deleted from the agreement without being considered a conversion. In the following instances the board may authorize changes without invoking the requirement to replace the elements and items. Such deletions are aliowed when the funding board or director determines that the elements and items are not needed or cannot be retained due to one or more of the following conditions: 1. Obsolescence 2. Extraordinary vandalism 3. Acts of Nature 4. Designed life expectancy reached 5. Fire 6. Permit requirements that disallow specific elements 7. Reversion Order (National Trails System Act 8(d), 16 U.S.C. § 1247(d); WAC 286-27-060(2)). SECTION 27. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS Sponsors must ensure that properties or facilities assisted with funding board funds, including undeveloped sites, are buiit, operated, used, and maintained: A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes. B. In a reasonably safe condition for the projecYs intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws, regulations and policies. Facilities open to the public must: A. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to: the Intemational Building Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as updated. B. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. C. Be available for use at reasonable hours and times of the year, according to the type of area or facility. SECTION 28. INCOME AND INCOME USE q, Income. 1. Compatible source. The source of any income generated in a funded project or project area must be compatible with the funding source and the agreement. 2. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the: (a) Value of any service(s) fumished; (b) Value of any opportunities fumished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (Chapter 79A25.210 RCV1�. B. Income use. Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are gained during or after the reimbursement period cited in the agreement, unless precluded by state or federal law, the revenue may only be used to offset: 1. The sponsor's matching funds; 2. The projecYs total cost; 3. The expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the funding board grant; 4, The expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the sponsor's system; andlor 5. Capital expenses for similar acquisition andlor development. SECTION 29. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the funding board discourages the imposition of differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page � � of �a PROJAGR.RPT SECTION 30. PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFI� SPONSORS A corporate sponsor, including any nonprofit sponsor, shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the sponsoPs obligation to the project as identified in the agreement. B. Notify RCO prior to corporate dissolution. Within 30 days of dissolution the sponsor shall name a qualified successor that wiil agree in writing to assume any on-going project responsibilities. A qualified successor is any parry eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this agreement. RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use, (e.g., members only). SECTION 31. LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A. The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful Gaims of persons who may be killed or injured, or suffer damage to property, while present at the range faciliry to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. B. The liability insurance policy, inGuding any endorsement or addition, shall name Washington State, the funding board, and RCO as addiGonal insured and shall be in a form approved by the funding board or director. C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the sponsor's obligation to the project as identified in this agreement. D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the sponsor. E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy as a part of its application to the funding board. F• By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at, or in the vianity of, the facility to which this grant relates. Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or others, for any and all remedies that may be available by law. SECTION 32. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), the "Project Agreement General Provisions" in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this agreement. The sponsor shali abide by these LWCF General Provisions as they now exist or are hereafter amended. Further, the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 33. FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the foilowing sections will not apply if covered separately in a recorded RCO approved Agricuitural Conservation Easement. • Section 8- Acknowledgement and Signs, • Section 11 - Hazardous Substances, • Section 17 - Stewardship and Monitoring • Section 26 - Restriction on Conversion of Real Property and/or Facitities to Other Uses, and • Section 25 - Provisions Applying to Acquisition Projects Sub-sections D, E, F and G. SECTION 34. ORDER OF PRECEDENCE This agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: A• Applicable federal and/or state statutes, regulations, policies and procedures inGuding RCOlfunding board policies and procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders; B• Project agreement including attachments; C. Special Conditions; �• Standard Terms and Conditions of the Project Agreement. LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 12 of 14 PROJAGR.RPT SECTION 35. AMENDMENTS This agreement may be amended by mutual agreement of the parties only. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. Period of pe�Formance extensions and minor scope adjustments need only be signed by RCO's director or designee. SECTION 36. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any dause or condition of this agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this agreement is not effective or binding unless made in writing and signed by RCO. SECTION 37. WAIVER OF DEFAULT Waiver of any default shail not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of the agreement shall not be deemed to be a waiver of any other or subsequent breach and shail not be construed to be a modification of the terms of the agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached to the original agreement. SECTION 38. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH . The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this agreement. SECTION 39. TERMINATION AND OTHER REMEDIES The funding board and RCO will require strict compliance by the sponsor with all the terms of this agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the sponsor in its application for a grant as finally approved by the funding board. The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this agreement: A. In the event of any breach by the sponsor of any of the sponsor's obligations under this agreement; or B• If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this agreement. Included in progress is adherence to milestones and other defined deadlines. In the event this agreement is terminated by the funding board or director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this agreement, the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. The funding board and RCO may enforce this agreement by the remedy of specific pertormance, which usually will mean completion of the project as described in this agreement. However, the remedy of specific performance shall not be the sole or exciusive remedy available to RCO. No remedy available to the funding board or RCO shail be deemed exGusive. The funding board or RCO may elect to exercise any, a combination of, or all of the remedies available to it under this agreement, or under any provision of law, common law, or equity. SECTION 40. NON-AVAILABILITY OF FUNDS If amounts sufficient to fund the grant made under this agreement are not appropriated by the Washington State Legislature, or if such funds are not allocated by the Washington State Office of Financial Management (OFM) to RCO for expenditure for this agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or OFM occurs. If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this agreement shall terminate. Termination of the agreement under this section is not subject to appeal by the sponsor. SECTION 41. TERMINATION FOR CONVENIENCE Except as othenvise provided in this agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this agreement, in whole or in part. If this agreement is so terminated, RCO shall be liable only for payment ��, required under the terms of this agreement for services rendered or goods delivered prior to the effective date of termination. LWCF Project Agreement - RCO #09-1351 D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 13 of 14 PROJAGR.RPT i � � SECTION 42. DISPUTE HEARING Except as may othervvise be provided in this agreement, when a dispute arises between the sponsor and the funding board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; ; B. The relative positions of the parties; C. The sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those speafic issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed. If a third person cannot be egreed on, the third person shall be chosen by the funding board's chair. i Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based on written material if the parties so agree. The disputes panel shall be govemed by the provisions of this agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, a's necessary, or is otheiwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other pariy which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to tFie requesting party within thirty (30) days of receipt by the receiving party of the request. I All costs associated with the implementation of this process shail be shared equally by the parties. SECTION 43. ATTORNEYS' FEES �� In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attomey fees and costs. SECTION 44. GOVERNING LAWNENUE This agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this agreement, venue shall be proper only in Thurston County Superior Court. The sponsor, by execution of this agreement acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this agreement is between the funding board and a federally recognized Indian Tribe, the following goveming law/venue applies: A. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian Tribe arising out of or relating to the performance, breach or enforcement of this agreement in Federal Court. Interpretation shall be according to the law of the State of Washington. In the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal�Party, then the parties agree to venue in Thurston County Superior Court, but the parties agree that the matter shall not belpursued in superior court unless there is a Federal Court determination that it lacks subject matter jurisdiction. i � B• Any judicial award, determination, order,'decree or other relief, whether in law or equity or othervvise, resulting from the action shall be binding and enforceable on ihe parties. Any money judgment or award against a Tribe, tribal officers and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Project Funding of the Agreement in order to satisiy the judgment. C. The Tribe hereby waives fts sovereign immunity as necessary to give effect to this section, and to the implementation of any judgment. This waiver is only for the benefit of the Tribe and State and shall not be enforceable by any third party or by any assignee or delegate of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attomeys' fees. SECTION 45. SEVERABILITY I , The provisions of this agreement are intendedl,to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the agreement. , I I I ' I I I I '� LWCF Project Agreement - RCO #09-1351 D , Recreation Resource Account � Chapter 79A.25 RCW, Chapter 286 WAC Page 14 of 14 4 PROJAGR.RPT � i I I I Land and Water Conservation Program Post-Evaluation Project Summary TITLE: Diversifying Kiwanis: from Field to Park NUMBER: 09-1351 D (Development) STATUS: Director Approved SPONSOR: Bremerton Parks & Rec Dept EVALUATION SCORE: 45.9000 BOARD RANKING: COSTS: SPONSOR MATCH: Land and Water Conservation $400,000 50% Appropriation \ Cash Local $400,000 50% Cash Donations Donated Labor Force Acct - Labor Grant - Federal Total $800,000 100% DESCRIPTION: The Bremerton Parks & Recreation Department will use this grant to redevelop the 4-acre Kiwanis Field from a park with a focus on team sports to a place for individual, active recreation. The city will develop walking trails, a meadow for informal games, a playground, and a picnic shelter to serve the community year-round. The existing chainlink fence will be removed and replaced with a more inviting and attractive wooden fence. The renovations will enable the park to serve as an open green space in a neighborhood, provideing a close-to-home place for the community to play. LOCATION INFORMATION: Located in the City of Bremerton COUNTY: Kitsap SCOPE (ELEMENTS): Architectural & Engineering Parking Signing Cultural Resources Permits Site Preparation Fencing & Gates Playground Trails Landscaping . Restrooms Utilities Park Amenities Sales Tax Park Fumiture Shelters ANTICIPATED ACREAGE: Acres To Acres To Acres To ACREAGE TYPE Be Acquired Be Dev/Restored Be Renovated Uplands 4.00 FISCAL YEAR: 2010 DATE PRINTED: March 18, 2010 1PAPSUMI.RPT Diversifying Kiwanis: from Field to Park Eligible Reimbursement Activities Report Project Sponsor: Bremerton Parks & Rec Dept Project Number: 09-1351 D Project Title: Diversifying Kiwanis: from Field to Park Approval: 11/18/2009 Development Items: Worksite Element Item Unit Quantity Description #1, Kiwanis Field Architectura� & Engineering A& E development Lump Sum 1.00 #1, Kiwanis Field Cultural Resources Cultural resource survey Lump sum 1.00 Cultural Resources Assesment #1, Kiwanis Field Fencing & Gates Concrete barrier Linear Ft 450.00 12" wide concrete curb at play area #1, Kiwanis Field Fencing & Gates Fencing - vinyl Linear Ft 300.00 4' tall black vinyl fencing along retsining wall #1, Kiwanis Field Fencing & Gates Fencing - vinyl Linear Ft 220.00 6' tall fencing at residential boundary #1, Kiwanis Field Fencing 8 Gates Fencing - wood Linear Ft 1,270.00 4' tail wood rail fence with biack weided wire mesh #1, Kiwanis Field Fencing 8 Gates Fencing & gates - other Lump sum 1.00 200 If. 12' tall safety netting #1, Kiwanis Field Fencing 8 Gates Gates Each 1.00 4' tall, 10' wide gate #1, Kiwanis Field Landscaping Boulders Lump sum 1.00 Natural Boulders for Seating and Playing #1, Kiwanis Field Landscaping Grass - hydro seed Acres 1.70 Hydroseed Upper Field #1, Kiwanis Field Landscaping Grass- hydro seed Acres 1.00 Eco-turt meadow #1, Kiwanis Fieid Landscaping Irrigation - automatic for shn. Sq Ft 20,000.00 Materials and installation . #7, Kiwanis Field Landscaping Irrigation - automatic for turf Acres 3.00 Materials and installation #1, Kiwanis Field Landscaping Top soiUmulch Yds 450.00 6" depth soil amendments, material and instailation #1, Kiwanis Field Landscaping Top soiUmulch Yds 220.00 2" depth mulch, material & installation #1, Kiwanis Field Landscaping Trees/shrubs Lump sum 1.00 2.5" caliper trees at lower meadow #1, Kiwanis Field Landscaping Trees/shrubs Lump sum 1.00 Planting at park perimeter and slope #1, Kiwanis Field Landscaping Trees/shnibs Lump sum 1.00 38 - 2.5" cal. street trees, material and installation #1, Kiwanis Field Park Amenities Seating wall Linear Ft 85.00 Concrete Seat Wall #1, Kiwanis Field Park Fumiture Benches Each 6.00 Std. park bench with freight and installation #1, Kiwanis Fieid Park Fumiture Bike recks Each 1.00 Material, freight and instaliation #1, Kiwanis Field Park Fumiture Drinking fountain Each 2.00 2 Frost-proof Pedestai Drinking Fountains #1, Kiwanis Field Park Fumiture Tables Each 5.00 Picnic tables with frieght & installation #1, Kiwanis Field Park Fumiture Trash receptacles Each 4.00 Park stnd. vandal proof receptacle, freight & installation #1, Kiwanis Field Paricing Parking - other Lump sum 3.00 Paricing and Curb cuts to accomodate ADA parking along street #1, Kiwanis Field Pertnits Pertnits Lump sum 1.00 SEPA, electrical, ' building, plan review, grading #1, Kiwanis Field Playground Play equipment Lump sum 1.00 Playscape 6 mo: 12 years #1, Kiwanis Field Playground Playground surfacing Sq Ft 4,000.00 Engineered Wood Fiber #1, Kiwanis Field Restrooms Flush Each 1.00 Double restroom with roof extension. 240sqft #1, Kiwanis Field Sales Tax Sales Tax Lump Sum 1.00 #1, Kiwanis Fieid Shelters Picnic Each 1.00 20x28 shelterwith greenroof #1, Kiwanis Field Signing General park signs Lump sum 1.00 Park Entry Sign #1, Kiwanis Field Signing Generel park signs Lump sum 3.00 ADA parking designation ELIGREIM.RPT Ma►Ch 18, 2010 Page: 1 Eligible Reimbursement Activities Report #1, Kiwanis Field Signing Interpretive display Lump Sum 1.00 Historical/Ecologicat/Edu cational Signage Design, Assembly #1, Kiwanis Field Signing Signing - other Lump sum 1.00 Community Notice Board, atteched to structure #1, Kiwanis Field Signing Trail signs Each 2.00 Trail Marker Sign #1, Kiwanis Field Site Preparation Clearing Acres 1.00 Ciearing and grubbing 1l1, Kiwanis Field Site Preparation Demolition Lump sum 1.00 Demo and disposal of oid sVuctures #1, Kiwanis Field Site Preparation Erosion conVOl Lump sum 1.00 Siltfencing #1, Kiwanis Field Site Preparation Fill Cubic Yds 200.00 Rock base for porous paving #1, Kiwanis Field Site Preparation Grading Acres 1.50 Grading and Compacting Fill #1, Kiwanis Field Site Preparation Grading Acres 1.50 Fine grading of slope and play mounds #1, Kiwanis Field Site Preparation Surveying Lump sum 1.00 Survey and Layout #1, Kiwanis Field Trails Stairs Lump sum 1.00 32 Steps and Handrail, . Materials & Installation #1, Kiwanis Field Trails Treils - pervious pavement Linear Ft 1,500.00 7' wide porous pavement walking path #1, Kiwanis Field Utilities Power Linear Ft 100.00 Power for Restroom #1, Kiwanis Field Utilities Sanitary sewer Linear Ft 100.00 Sanitary Sewer and Hook-up #1, Kiwanis Field Utilities Water meter Lump sum 1.00 Upgrade water meter i � ( � f I I i I � ; ; � I i i i � i j ELIGREIM.RPT MarCh 18, 2010 Page: 2 i i Milestone Report By Project Project Number: 09-1351 D Project Name: Diversifying Kiwanis: from Field to Park Sponsor: Bremerton Parks & Rec Dept Project Manager: Sarah Thirtyacre . . �- �. - . �• . . X ! Cultural Resources Completed 02/05/2010 per Heather Ramsay Project Start 04/01/2010 ! RFP Complete/Consultant Hired 06/01/2010 � Progress Report Submitted , 07/15/2010 � Annual Project Billing 07/31/2010 � A&E Complete/Permits Submitted 12/01/2010 Plans/Specs Reviewed Mgmt Agy 12/01/2010 � Progress Report Submitted 01/15/2011 Bid Awarded 03/01/2011 � Construction Started 05/01/2011 1 Progress Report Submitted 07/15/2011 � Annual Project Billing 07/31/2011 � Progress Report Submitted 01/15/2012 � Progress Report Submitted 07/15/2012 , ! Annual Project Billing 07/31/2012 Proposed Completion Date 09/30/2012 � Project Complete 09/30/2012 Final Docs/Billing to Mgmt Agy 11/30/2012 X = Milestone Complete ! = Critical Milestone I i � 1MILESTO.RPT March 18, 2010 Page: 1 Press Release Template Bremerton Parks & Recreation Department offered grant to develop public outdoor recreation areas and facilities. . (Bremerton) - Bremerton Parks & Recreation Department was awarded a grant of $400,000.00 from the Land and Water Conservation Fund Program. The grant was awarded by the Recreation and Conservation Funding Board (RCFB), and will be used for the following: The Bremerton Parks 8 Recreation Department will use this grant to diversify the 4-acre Kiwanis Field from a park with a focus on team sports to a place for individual, active recreation. The city will develop walking trails, a meadow for informal games, a playground, and a picnic shelter to serve the community year-round. Located in a low-income, ethnically diverse neighborhood, Kiwanis Field is surrounded by chainlink fence, up to 15 feet in height. The park has two levets separated by a 20-foot slope. Only the upper level, which has a soccer field, is used; the lower level contains caged tennis courts and an undersized softball field that is regularly flooded. The renovations will enable the park to serve as an open green space in a neighborhood that is lacking safe, close-tahome places to play. The improvements will pay homage to the site's historic past as the site of Bremerton's first high school. The City will contribute $400,000 in cash, labor, a federal grant, and donations of cash and labor. This grant is from the Land and Water Conservation Fund Program. (09-1351) There were zero applications submitted for consideration in the Land and Water Conservation Fund Program. Each project went through an evaluation process prior to being recommended for funding. The RCFB Board approved funding for projects on . Funding for the Land and Water Conservation Fund Program comes from leaseholders of federal offshore oil and gas resources, federal recreation fees, sales of federal surplus real property, and federal motorboat fuel taxes. Bremerton Parks & Recreation �epartment will leverage local contributions totaling $400,000.00 with grant monies to implement the project. Total estimated project cost is $800,000.00. RCFB is the state's administrator of the grant program. Contact: Colette Berna, (360) 473-5429 (sponsor project manager) Sarah Thirtyacre, (360) 902-0243, sarah.thirtyacre@rco.wa.gov (RCFB project manager) Untitled I'm 7aime Forsyth and I'm part of the union Hill Neighborhood Association, a nascent group organized by nei�hborhood activists in the area between .... .. to take charge of our own destiny by he7ping each other and partnering with the City on revitalization efforts. we need the Kiwanis Park grant to keep the current revitalization efforts energized and moving forward. �aking this a destination park,will improve property values in the neighborhood and . help us expand and unite existing efforts in the surrounding area. This will provide a much needed community gathering spot in warmer weather that will only help bring more neighbors together to join in the revitalization activities. �ncreased desirability will bring in more revenue to the city in the form of increased taxes as the neighborhood and home buyers respond to the enhanced site. zt is one of the next logical steps in expanding revitalization efforts beyond downtown. Cities who choose to panic run from ANY development a;re assuring a downward trajectory, rather supporting the revitalization efforts that will help us recover from these tough economic times in better condition than those communities that are all but shutting down while they try to wait out the recession. Moving forward on a grant with such desirable terms will create a destination park in a nei ghborhood that has already shown great energy and commitment in taking charge of its own destiny and in partnering with the city to improve environment. The city is not standing alone with this grant. The K�wanis Club has thrown a huge amount of support behind this park, for whic the neighborhood thanks them, and the nascent union Hill Nei ghborhood Association has even chosen its name based on union High school that stood on that site a century ago. zf we have to get out there with shovels and our-own backhoes to meet the �rant matching conditions, we will. Please help keep the revitalization of union Hill going by moving forward on this grant and our park. Thank you. ' i � � I Page 1 � � I � � i i DATE SUBMITTED: May 3, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ..........................................................o................................� No. 311� SUBJECT: Resolution Establishing Committee Meeting Date: May 12, 2010 Conditions for the Limited Tax General COiJNCIL MEETING Date: May 19, 2010 Obligation Bonds for the Park Plaza Project, Department: Financial Services the Lions Park Renovatioq and for the Presenter: Barbara Stephenson Purchase and Renovation of a Buildin� to be Phone: used as a Municipal Court Building 360.473.5722 SUMMARY: On April 21, 2010, the City Council passed Ordinance No. 5109 authorizing the issuance and sale of the City's Limited Tax General Obligation Bonds, 2010, in the principal amount of not to exceed $9,600,000. This resolution establishes the terms of the sale of the bonds. ATTACHMENTS: Resolution No. 3 u� FISCAL IlVIPACTS (Include Budgetal Amount): Financial Details to be Established with Bond Closing on May 28, 2010 APPROVALS: _ _ .._._�_......___ -- - . DEPAR'TNIENT DIRECTOR: � � � CITY ATTORNEY: FINANCE DIRECTOR � MAYOR: p'� COMIVIITTEE CHAIR �- ,'�� COUNCIL PRESIDENT: ` CONSENT AGENDA ❑ GENERAL BUSINESS ]� PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to adopt Resolution No. 3/�7 providing for certain terms and covenants relating to the Limited Tax General obligation Bonds, 2010 to provide funds with which to pay a portion of the costs for the Park Plaza Project, the Lions Park Renovation, and the purchase and sale of a building to be used as a Municipal Court building.. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 3117 A Resolution of the City Council of the City of Bremerton, Washington providing for certain terms and covenants relating to the Limited Tax General Obligation Bonds, 2010 to provide funds with which to pay a portion of the costs of constructing a pazking facility, renovating a pazk and purchasing and renovating a building to be used as a municipal courthouse. � WHEREAS the City Council (the "City Council") of the City of Bremerton, Washington (the "City"), by Ordinance No.5109, passed on April21, 2010 (the "Bond Ordinance"), authorized the issuance and sale of the City's Limited Tax General Obligation Bonds, 2010, in the principal amount of not to exceed $9,600,000 (the "Bonds"), and WHEREAS it is in the best interest of the City that the Bonds be sold to D.A. Davidson & Co. (the "Purchaser") on the terms set forth in the Bond Ordinance and this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BREMERTON: Section . Definitions. Except as otherwise defined herein, capitalized terms used in this resolution have the meanings set forth in the Bond Ordinance. Secti . Terms of Bonds. The Bonds shall be issued in a series of build America bonds designated the "Limited Tax General Obligation Bonds, 2010 (Taxable Build America Bonds — Direct Payment)" in the aggregate principal amount of $6,910,000 (the "Bonds"). The Bonds shall mature on the dates and in the principal amounts and at the interest rates as follows: Maturity Date (September 1) Principal Amounts Interest Rates 2011 $ 150,000 1.153% 2012 205,000 1.653 2013 205,000 2.333 2014 210,000 2.939 2015 215,000 3.189 2016 220,000 3.684 2017 225,000 3.984 2022 1,215,000 4.544 2025 825,000 5.300 2030 1,555,000 6.029 2035 1,885,000 6.129 51080770.5 Interest on the Bonds shall be payable on March 1, 2011 and on each September 1 and March 1 thereafter. The Bonds shall conform in all other respects to the terms and conditions specified in the Bond Ordinance. Optional Redemption. Bonds maturing in the years 2011 through 2019, inclusive, shall be issued without the right or option of the City to redeem those Bonds prior to their stated maturity dates. The City reserves the right and option to redeem the Bonds maturing on or after September 1, 2020 prior to their stated maturity dates at any time on or after March 1, 2020, as a whole or in part (within one or more maturities selected by the City), at par plus accrued interest to the date fixed for redemption. In the case of an optional redemption, the notice may state that the City retains the right to rescind the redemption notice and the related optional redemption of Bonds by giving a notice of rescission to the affected Registered Ovmers at any time prior to the scheduled optional redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding. Extraordinary Optional Redemption. The City additionally reserves the right and option to redeem the Bonds prior to their stated maturity dates at any time prior to March 1, 2020, as a whole or in part, upon the occurrence of an Extraordinary Event, at the Extraordinary Optional Redemption Price. An "Extraordinary Event" will have occurred if the City determines that a material adverse change has occurred to Section 54AA or Section 6431 of the Code or there is any guidance published by the Internal Revenue Service or the United States Treasury with respect to such Sections or any other determination by the Internal Revenue Service or the United States Treasury, which determination is not the result of any act or omission by the City to satisfy the requirements to qualify to receive the 35% cash subsidy payment from the United States Treasury, pursuant to which the City's 35% cash subsidy payment from the United States Treasury is reduced or eliminated. "Extraordinary Optional Redemption Price" means the greater of (i) 100% of the principal amount of the Bonds to be redeemed or (ii) the sum of the present values of the remaining scheduled payments of principal of and interest to the earlier of (A) the stated maturity date on the Bonds to be redeemed or (B) the next available date on which the Bonds may be optionally redeemed at a price of paz (plus accrued interest, if any), discounted (on a semi-annual basis, assuming a 360-day year consisting of twelve 30-day months) to the date on which such Bonds are to be redeemed at the Treasury Rate plus 50 basis points, plus, in each case, accrued interest on the Bonds to be redeemed to the date fixed for redemption. "Treasury Rate" means, with respect to any date fixed for redemption for a particular Bond, the yield to maturity as of such date of United States Treasury securities with a constant maturity (excluding inflation indexed securities, and as compiled and published in the most recent Federal Reserve Statistical Release H.15 (519) that has become publicly available as of the first Business Day that is at least 35 days prior to such scheduled redemption date or, if such 51060770.5 Statistical Release is no longer published, any publicly available source of similaz market data) most nearly equal to the period from such date to the stated maturity date of such Bond. At the request of the City, the Extraordinary Optional Redemption Price shall be determined by an independent accounting firm, investment banking firm or financial advisor retained by the City at the City's expense. Absent manifest error, such determination shall be conclusive and binding on the City, the Bond Registrar and the Registered Owners, and neither the City nor the Bond Registrar shall be liable for relying on such determination. Mandatory Redemption. The Bonds stated to mature on September 1 in the years 2022, 2025, 2030, and 2035 are Term Bonds and, if not optionally redeemed, extraordinary optionally redeemed, purchased or defeased in accordance with the Bond Ordinance, are subject to mandatory redemption randomly (in such manner as the Bond Registrar shall determine) at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the date fixed for redemption, and without premium, on September 1 in the years and principal amounts as follows: Term Bonds Maturing in 2022 Ye�' Principal Amount 2018 $ 230,000 2019 235,000 2020 245,000 2021 � " 250,000 2�22 255,000 Term Bonds Maturing in 2025 Yeaz Principal Amount 2023 $ 265,000 2024 275,000 2025 285,000 Term Bonds Maturing in 2030 Yeaz' Principal Amount 2026 $ 285,000 2�2� 300,000 2028 310,000 2029 325,000 2030 335,000 s�oeono.s Term Bonds Maturing in 2035 Yeaz Principal Amount 2031 $ 350,000 � 2032 360,000 2033 375,000 2034 395,000 2035* 405,000 * Final Maturity. If the City shall redeem Term Bonds under the optional or extraordinary optional redemption provisions set forth above or purchase Term Bonds in the open market as set forth in the Bond Ordinance, the principal amount of the Term Bonds so redeemed or purchased (irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for those Term Bonds (as allocated by the City) beginning not earlier than 60 days after the date of the optional redemption or purchase, and the City shall promptly notify the Bond Registraz in writing of the manner in which the credit for the Term Bonds so redeemed or purchased has been allocated. Partial Redemption. If fewer than all of the outstanding Bonds of a single maturity of a series are to be redeemed prior to maturity, then (a) if the Bonds aze in book-entry form at the time of such redemption, the Bond Registrar shall instruct DTC to instruct the DTC Participants to select the specific Bonds for redemption randomly within each maturity for the Bonds, and neither the City nor the Bond Registraz shall have any responsibility to ensure that DTC or the DTC Participants properly select such Bonds for redemption, and (b) if the Bonds are not in book-entry form at the time of such redemption, on each date fixed for redemption, the Bond Registrar shall select the specific Bonds for redemption randomly within each maturity for the Bonds. The portion of any Bonds of a denomination more than $5,000 to be redeemed shall be in the principal amount of $5,000 or any integral multiple thereof. The Bond Registrar shall select such portions of Bonds to be redeemed in such manner as the Bond Registrar in its discretion may deem to be fair and appropriate. Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, selection of Bonds for redemption shall be in accordance with the Letter of Representations. cti n. Election to Treat Bonds as "Build America Bonds"• Tax Covenant�. The City hereby irrevocably elects to have Sechon 54AA of the Code apply to the Bonds so that the Bonds aze treated as "Build America Bonds," and further to have Subsection 54AA(g) of the Code apply to the Bonds so that the Bonds are treated as "qualified bonds" with respect to which the City will be allowed a credit payable by the Utited States Treasury to or to the order of the City pursuant to Section 6431 of the Code in an amount equal to 35% of the interest payable on the Bonds on each interest payment date. The City hereby authorizes and directs the Financial Services Director (or her designee) to take such actions and enter into such agreements as are necessary or appropriate for the City to receive or cause to be received from the United States Treasury the applicable federal credit payments in respect of the Bonds, including but not limited to the timely filing with the Internal Revenue Service of Form 8038-CP —"Return for Credit s�oeono.s Payments to Issuers of Qualified Bonds" in the manner prescribed by Internal Revenue Service Notice 2009-26. Section 4. Annroval of Documents. The City hereby approves the Preliminary Official Statement for the Bonds that has been presented to the City and ratifies its use in connection with the offering of the Bonds. The City further hereby approves the sale of the Bonds to the Purchaser on the terms set forth in this resolution and in its contract dated the date of this Resolution. The Mayor or Financial Services Director are hereby authorized to sign the bond purchase contract relating to the Bonds. Section . Seve_rabilitv. The covenants contained in this resolution shall constitute a contract between the City and the owners of each Bond. If any one or more of the covenants or agreements provided in this resolution to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contraiy to law, then such covenant or covenants, agreement or agreements, sha11 be null and void and shall be deemed separable from the remaining covenants and agreements of this resolution and shall in no way affect the validity of the other provisions of this resolution or of the Bonds. Section 6. Ratification of Prior Acts. Any action taken consistent with the authority of the Bond Ordinance or this resolution but prior to their effective dates aze hereby ratified, approved and confirmed. Section 7. Effective Date. This resolution shall be effective after its adoption as provided by law. ADOPTED by the City Council the 19`� day of May, 2010 NICK WOFFORD, Council President Approved this day of May, 2010 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk Foster Pepper PLLC, as Bond Counsel s�oeor�o.s CERTIFICATION I, the undersigned, City Clerk of the City of Bremerton, Washington (the "City"), hereby certify as follows: 1• The attached copy of Resolution No. 3117 (the "Resolution") is a full, true and correct copy of a resolution duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on May 19, 2010, as that resolution appears on the minute book of the City; and the Resolution will be in full force upon approval; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 19`� day of May, 2010. CITY OF BREMERTON, WASHINGTON City Clerk 51080770 5 • � � D.A. Davidson 8� Co. �� David Trageser 3enlor V�e PresideM Publlc Finance Seatde OHioe $6,910,000 CITY OF BREMERTON LIMITED TAX GENERAL OBLIGATION BONDS, 2010 (TAXABLE BUILD AMERICA BONDS — DIRECT PAYMENT) BOND PURCHASE AGREEMENT May 19, 2010 Honorable City Council Members City of Bremerton 345 6�' Street — Suite 600 Bremerton, WA 98337 On April 21, 2010, the City Council of the City of Bremerton (the "City") passed Ordinance No. 5109 (the "Bond Ordinance") and on May 19, the Resolution No. 31171 (the Bond Resolution), authorizing the issuance, sale and delivery of the City's Limited Tax General Obligation Bonds, 2010 (Taxabie Build America Bonds — Direct Payment to Issuer) (the "Bonds"), and the City's execution and delivery of this Bond Purchase Agreement (the "AgreemenY'). In light of such authority, D.A. Davidson & Co. (the "Underwriter") hereby offers to enter into this Ageement with the City on May 19, 2010. Upon your acceptance, this Agreement shall be in fult force and effect in accordance with its terms and shall be binding upon the City and the Underwriter. Reference is made to the Bond Ordinance for definitions of capitalized terms used and not otherwise defined herein. 1) Upon the terms and conditions and in reliance upon the representations set forth herein, the Underwriter hereby agrees to purchase from the City, and the City hereby agrees to sell to the Underwriter, all (but not tess than all) of the Bonds in the aggregate principat amount of $6,910,000 at an aggregate purchase price of $6,864,394.00 (representing the par amount of the Bonds, less Underwriter's Discount of $45,606.00). The Bonds shall be issued and secured under and pursuant to the Bond Ordinance, shall be dated their Date of Delivery (as defined herein), and shall mature, bear interest and be subject to redemption as set forth in Exhibit A hereto. The Underwriter agrees to make a pubtic offering of the Bonds at the initia! offering prices set forth in the Ot�icial Statement referred to in Section 2 herein, which prices may be changed from time to time by the Underwriter. The Underwriter's offer to purchase the Bonds will expire at 11:59 Pn�t (P'T) on Wednesday, May 19, 2010. Fixed Income Capital Markets Columbia Center • 701 5th Avenue, Suite 3100 • Seattle, WA 98104 •(206� 903-8699 • 1-888-389-gpp) • FAX (206) 389-4040 www.dovidsoncomoanies -�mificm/ 2) The City shall deliver or cause to be delivered to the Underwriter, promptly after acceptance hereof, five copies of the Official Statement, substantially in the form of the Preliminary Of�icial Statement dated May 12, 2010 (the "Preliminary O�cial Statement") with only such changes therein as shall have been accepted by us (such Preliminary Official Statement with such changes, if any, and including the cover page, the inside cover page and all appendices, exhibits and statements included therein or attached thereto being called the "O�icial StatemenY'). The O�icial Statement is to be dated May 19, 2010. By the Bond Ordinance, the City has authorized the distribution by the Underwriter of the Preliminary Of�icial Statement and the Official Statement, when available, in offering the Bonds for sale to prospective purchasers of the Bonds. 3) On May 28, 2010, or on such other date as the Underwriter and the City may mutually agree (the "Closing Date" or "Date of Delivery"), the Underwriter will accept delivery of the Bonds and pay the purchase price thereof as set forth in Section 1 herein by Federal Reserve System wire transfer in immediately avaitable Federal funds or by any other form of immediately available Federal funds. The Bonds shall be delivered through The Depository Trust Company, New York, New York ("DTC") in definitive form, bearing CUSIP numbers and issued under a book-entry system. 4) The City makes the following representations and warranties: a) The City is a municipat corporation organized and existing under the laws of the State of Washington and is authorized to issue the Bonds, to enter into this Agreement and all other agreements contemplated hereby and to pass the Bond Ordinance. b) The City has complied to date with all applicable provisions of the laws of the State of Washington in connection with the execution and issuance of the Bonds. c) The Bond Ordinance and this Agreement have been duly and validly authorized and executed by the City. d) The City has authorized atl necessary action to be taken by it for (i) the issuance and sale of the Bonds upon the terms set forth herein, in the Official Statement and in the Bond Ordinance; (ii) the execution, delivery, receipt and due performance of this Agreement, the Bonds and the Bond Ordinance and all other agreements contemplated hereby or required in order to carry out, give effect to and consummate the transactions described in this Agreement; and (iii) the carrying out, giving effect to and consummation of the transactions described in this Agreement. e) The Bonds when issued, delivered and paid for as provided for herein and in the Bond Ordinance, will have been duly and validly authorized and issued and will constitute limited tax general obligations of the City secured as provided in the Bond Ordinance and as described in the Official Statement. � To the best knowledge of the City, there are no legal or governmenta! proceedings pending or threatened, or any basis therefor, wherein an unfavorable decision, ruling or finding would have a material adverse effect on the validity or security of the Bonds, the Bond Ordinance, this Agreement or the transactions described herein or the authority of the City to execute and deliver the Bonds or this Agreement, or pass the Bond Ordinance. g) As of the date hereof, the Preliminary Official Statement does not contain any untrue statement of a materiat fact or omit to state a materiat fact required to be stated therein or � necessary to make the statements therein, in light of the circumstances under which they were made, not misleading (except for such inforcnation that may be omitted from a i � � � ; 2 i � i preliminary official statement pursuant to Rute i5c2-12), except that the City makes no representation or warranty with respect to information within the Preliminary Official Statement or Of'ficial Statement relating to DTC, the book entry system, or the Underwriter. h) The Preliminary Of�icial Statement is "deemed final" in accordance with Rule i5c2-12(b) (1) under the Securities Exchange Act of 1934. 5) The Underwriter enters into this Agreement in reliance upon the representations and warranties of the City contained herein and in the Bond Ordinance and in reliance upon the representations and warranties to be contained in the documents and instruments to be delivered at the Closing Date and upon the pecformance by the City and its obligations hereunder both on and as of the date hereof and as of the Closing Date. Accordingly, the Underwriter's obligation under this Agreement to accept delivery of and to pay for the Bonds shatl be conditioned upon the performance by the City of its obligations to be performed hereunder and under such documents and instruments at or prior to the Closing Date, and shall also be subject to the following additional conditions: . a) the representations and warranties of the City contained herein shatl be true and correct on the date hereof and as of the Closing Date, as if made on and at the Closing Date; b) at or prior to the Closing Date, the Underwriter shall receive the foltowing documents: i) a certified copy of the Bond Ordinance; ii) the opinion of Foster Pepper PLLC, as Bond Counsel, dated the Closing Date, substantially in the form of Appendix C to the Official Statement; iii) evidence satisfactory to the . Underwriter that Moody's Investor Service has assigned its underlying rating of "A 1" to the Bonds; iv) such additional legal opinions, certificates, proceedings, instruments and other documents as the Underwriter or Bond Counsel may reasonabty request. , If the conditions to the Underwriter's obligations contained in this Agreement are not satisfied (unless otherwise waived in writing by the Underwriter) or if the Underwriter's obligations shall be terminated for any reason permitted herein, this Agreement shall terminate and neither the Underwriter nor the City shall have any further obligation hereunder except to reimburse the Underwriter for expenses related to the preparation, printing and mailing of the preliminary and final officiat statements. 6) During the initial public offering of the Bonds (a period concluding the final date the Underwriter is charged with furnishing a copy of the Official Statement to a potentiat customer under SEC Rule 15c2-12 but no later than 25 days after the Closing Date), the District will (a) not consent to the distribution of any amendment of or supplement to the Official Statement to which, after I having been furnished with a copy, the Underwriter shall object in writing or which shall be disapproved by counsel for the Underwriter and (b) if any event shall occur as a result of which it is necessary, in the opinion of the Underwriter, to amend or supplement the Official Statement in order to make the Official Statement not misleading in light of the circumstances existing at the time it is delivered to a purchaser, consent to the distribution of an amendment of or supplement to the Official Statement, prepared without expense to the District (in form and substance satisfactory to the Underwriter) in a reasonable number of copies which will amend or supplement the Official Statement so that it will not contain an untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the 3 circumstances existing at the time the Official Statement is delivered to a purchaser, not misleading. 7) The Underwriter shall have the right to cancel its obligation to purchase the Bonds (i) there shall exist any event which, in the reasonable judgment of the Underwriter, either (a) makes untrue or incorrect in any material aspect as of such time any statement or information contained in the Official Statement or (b) is not reflected in the O�icial Statement but should be reflected therein in order to make the statements and information contained therein not misleading in any material respect, or (ii) there shall have occurred an outbreak or escalation of hostitities or any other national or international calamity or crisis, the effect of which outbreak, escalation, calamity or crisis on the financial markets of the United States is such as, in the reasonable judgment of the Underwriter, would make it impracticable for the Underwriter to market or enforce contracts for the sate of the Bonds, or (iii) there shall be in force a general suspension of trading on the New York Stock Exchange or minimum or maximum prices for trading shall have been fixed and in force, or maximum ranges for prices for securities shall have been required and be in force on the New York Stock Exchange, whether by virtue of a determination by that Exchange or by order of the SEC or any other governmental authority having jurisdiction, or (iv) a general banking moratorium shall have been declared by either Federal, State of Washington or New York authorities having jurisdiction and be in force, or (v) there shall be established any new restriction on transactions in municipal securities materially affecting the free market for municipal securities (including the imposition of any limitation on interest rates) or extension of credit by, or charge to the net capital requirements of, Underwriter established by the New York Stock Exchange, the SEC, any other federal or state agency or the Congress of the United States, or by Executive Order. 8) Subject to the provisions of Section l, all fees, expenses and costs incident to the execution and performance of this Agreement and to the authorization, issuance and sale of the Bonds to the Underwriter, including, but not limited to: the cost of printing the Bonds, if any (and futl execution thereo fl; the fees of the Bond Registrar; fees of the Financial Advisor, costs of printing and distribution of the Preliminary and final Of�icial Statement; fees and charges of Moody's Investor Service; and the fees and expenses of Bond Counsel shall be paid by the City. All expenses to be paid by the City pursuant to this Agreement may be paid from Bond proceeds to the extent permitted by the Bond Ordinance. The obligation of the City under this Section 8 shall survive the payment of the Bonds. 4 � ,� 9) Any notice or other communication to be given to the City under this Agreement may be given by delivering the same in writing at the address set forth above and any such notice or other communications to be given to the Underwriter may be given by delivering the same in writing to D.A. Davidson 8c Co., Columbia Center, 701 5�' Avenue, Suite 3100, Seattle, Washington 98104, Attention: Mr. David Trageser. The approval of the Underwriter when required hereunder or the determination of its satisfaction as to any document referred to herein shall be in writing signed by the Underwriter and delivered to you. 10) This Agreement is made solely for the benefit of the City and the Underwriter (including successors or assigns of the Underwriter, but excluding any purchaser, as such purchaser, of Bonds from the Underwriter) and, to the extent expressed herein, controlling persons thereof, and no other persons, partnership, association or corporation shalt acquire to have any right hereunder or by virtue hereof. Alt representations and agreements of the parties to this Agreement shall remain operative and in fult force and effect regardless of any investigation made by or on behalf of the Underwriter and shall survive the delivery of and payment for the Bonds. Time shall be of the essence of this Agreement. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Washington. This Agreement may be executed in any number of counterparts each of which shall be an original but all of which together will constitute one and the same instrument. Very truly yours, D.A. DAVIDSON & CO. By: David Trageser, Senior Vice President Accepted and Agreed to: CITY OF BREMERTON, WASHINGTON: By: Director of Financial Services Time: � I i � ! i i i 5 i � i I i Ez6ibit A 56,910,000 City of Bremerton, Washington Limited Tax General Obligation Bonds, 2010 (Taxable Build America Bonds — Direct Payment) Pricing Summary Maturity Principal (Sep� 1) Amount Coupon Yield Price 2011 $150,000 1.153% 1.153% 100 2012 205,000 1.653 1.653 100 2013 205,000 2.333 2.333 100 2014 210,000 2.939 2.939 100 2015 215,000 3.189 3.189 100 2016 220,000 3.684 3.684 100 2017 225,000 3.984 3.984 100 2022 1,215,000 4.544 4.544 100 2025 825,000 5.300 5.300 100 2030 1,555,000 6.029 6.029 100 2035 1,885,000 6.129 6.129 100 Total 56,910,000 Description of the Bonds The Bonds will be issued in the aggegate amount of $6,910,000 in fully registered form, will be in the denomination of $5,000 each or any integral multiple within a single maturity and will be dated their Date of Delivery, expected to be May 28, 2010. The Bonds will mature on September 1, in the years and amounts set forth above. The Washington State Fiscal Agent, currently The Bank of New York Metlon, New York, New York, will serve as registrar, paying agent and transfer agent (the "Registrar") for the Bonds. The Bonds will bear interest from the Date of Delivery, or the most recent interest payment date to which interest has been paid or duly provided for, whichever is later, at the rates per annum set forth above. Interest will be calculated on the basis of a 360- day year consisting of twelve 30-day months, and will be payable semi-annually on March 1 and September 1, commencing March 1, 2011, until the stated dates of maturity of the Bonds or date of prior redemption. Redemption Op�iona/ Redemption. Bonds maturing in the years 2011 through 2019, inclusive, shall be issued without the right or option of the City to redeem those Bonds prior to their stated maturity dates. The City reserves the right and option to redeem the Bonds maturing on or after September 1, 2020 prior to their stated maturity dates at any time on or after March 1, 2020, as a whole or in part (within one or more maturities selected by the City and randomly within a maturity in such manner as the Registrar shall determine), at par plus accrued interest to the date fixed for redemption. Mandatory Redemptton. The Bonds stated to mature on September 1, 2022, 2025, 2030, and 2035 are Term Bonds and, if not optionally redeemed, extraordinary optional(y redeemed, purchased or defeased in accordance with the Bond Ordinance, are subject to mandatory redemption randomly (in such manner as the Registrar shall determine) at a redemption price equal to 100% of the principal amount thereof, plus accrued interest to the date fixed for redemption, and without premium, on September 1 in the years and principal amounts as follows: Exhibit A 2022 Tertn Bonds 2025 Term Bonds September I Redemption Amount September 1 Redemption Amount 2� 1 g 230,000 2023 265,000 2019 235,000 2024 275,000 2020 245,000 2025 � 285,000 2021 250,000 2022� 255,000 2030 Tertn Bonds 2035 Term Bonds September 1 Redemption Amount September 1 Redemption Amount 2026 285,000 2031 350,000 2�27 300,000 2032 360,000 2�28 310,000 2033 375,000 2029 325,000 2034 395,000 2030 � 335,000 2035 � 405,000 Maturity. Exhibit A � , �� I move to authorize the sale of property located at 190;Pacific Avenue to 190 Pacific Ave., LLC and authorize the Mayor to finalize'and execute the Real g� Estate Purchase and Sale Agreement with substantially the same terms and conditions as presented and further to authorize the Mayor to finalize and execute any and all documents necessary to close the transaction. REAL ESTATE PURCHASE AND SALE AGREEMEIVT WITH EARNEST MONEY PROVISION This Agreement is entered between the C1TY OF BREMERTON, a Washington municipal corporation ("Seller"), and 190 PACIFIC AVENUE LLC, a Washington limited liability corporation ("Buyer"), for the sale and purchase of real property as follows: 1. AGREEMENT TO SELL. The property, inciuding all improvements and appurtenances situated thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at 190 Pacific Avenue, Hremerton, Washington (the "Property" or "Premises"), and which Propercy is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. Within five (5) business days of mutual execution of this Agreement, Buyer shall deposit FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) as earnest money and part payment on the purchase price faa� the Property with Lawyers Title Insurance Corporation, ("Escrow Agent") whose address and telephone number is 9619 Levin Road NW Silverdale, Washington 98383, (360 692-4556). 3. PURCHASE PRICE. The total pwchase price for the Properiy is NINE HUNDRED TEN THOUSAND AND NO/100 DOLLARS ($910,000.00), including eacnest money, payable on closing. 4. CONDITIONS TO BIJYER'S OBLIGATIONS. Buyer's obligation to close the transaction in addition to any and all other applicable conditions set forth in this Agreement, shall be subject to the satisfaction of each of the following conditions, any one or more of which may be waived by Buyer in writing: (a) Seller shall have complied in all material respects with all obligations and covenants required by the Agreement to be complied with by Seller as of the Closing Date; (b) The representations and warranties of Seller contained in this Agreement, including without limita6on those set forth in Section 13 hereof, shall have been true in all material respects when made, and shall be true in all material respects on the Ciosing Date; (c) At Closing, there shall be no materially significant undisclosed or unpaid bills or claims regarding or relating to the Premises, vrtcluding without limitation, any undisclosed or unpaid bills or claims in connection with the construcrion of any improvements on the Premises following the Effective Date, or in connection with any repair of the Premises or the improvements thereon, except those as may be caused or incurred by Buyer in preparation for purchase of the Property; REAL ESTATE PURCHASE AND SALE AGREEMENT 190 Pacific Avenue Page 1 of 10 i I (d) All real estate taxes, assessments and municipal charges of any and every kind and description affecting the Premises, shall be paid in full through the Closing Date; (e) Seller maintains and shall continue to maintain until Closing all insurance on the Premises carried by Seller on the Effective Date of this Agreement; (� No condemnation or similar action or proceeding shall have been instituted, nor to the best of Seiler's knowledge, threatened, against the Premises or any portion thereof; (g) Except as to those appmved by Buyer, Seller shall have terminated each and every lease on or affecting the Premises, and the Premises shall be vacant of all tenants, andSeller shall have exclusive and unencumbered possession of the Premises and every part thereof; (h) To the best oPSeller's knowledge, neither the City of BremeRon, Kitsap County, nor the State of Washington, nor any other governmental or quasi-governmental entity, agency or governing body with jurisdiction over the Premises shall have provided any notice of its intendon to, has threatened to, or has taken any action by which access to the Premises and/or the surrounding areas shall be changed from that which existed as of the Effective Date; (i) To the best of Seller's knowledge, no govemmental, quasi-govemmental or non- governmental entity, agency or goveming body with jurisdiction over the Premises shall have provided any notice of its intention to, has threatened to, or has taken any action to designate the Premises, or any portion thereof, as "wetlands" or other similar designarion. Seller shall use its best efforts to cause all of Buyer's conditions to Closing to be satisfied by the Closing Date. If any of Buyer's conditions to Closing have not been materially satisfied or waived by Buyer in its sole discretion by the scheduled date of Closing (as extended hereby, if appiicable), Buyer shall have the right to either (i) terminate this Agreement and require the return of the Eamest Money, or (ii) extend the Closing Date for up to thirty (30) days to allow Seller an opportunity to satisfy all such conditions to Closing. 5. CONTINGENCtES. This Agreement is contingent upon: (a) Acceptance of this Agreement's terms by the Bremerton City Council. (b) Buyer's review and approval of the title repoR on the property prior to Ctosing, per Section 7 herein. {c) Buyer's review and approval of Seller's street vacation, boundary line adjustment and properry line reconfiguration as set forth inExhibit B. Buyer understands and Seller acknow{edges that said boundary line adjustment and property tine reconfiguration, as proposed, will result in a new parcel, Paccel 2 as shown in Exhibit B, which Seller wilt develop, open and maintain as a REAL ESTATE PURCHASE AND SALE AGREEMENT 190 Pacific Avenue Page 2 of 10 public plaza. (d) Inspection Contingency This Agreement shall terminate if Buyer gives written notice to Seller within forty-five (45) days of the Effective Date (the "Inspection Period") stating that Buyer desires, in Buyer's sole and absolute discretion, to terminate this Agreement. If such notice is not timely given, the "Inspection Co�tingency" stated in this Section 5 shall be deemed to be waived and satisfied. At any time during the Inspection Period, Buyer shall have the right to terminate this Agreement, in its sole and absolute discretion, by providing written notice to Seller, in which case Earnest Money will be immediately returned to Buyer. Buyer agrees to conduct its feasibility study at its sole cost and expense; (i) During said Inspection Period, Buyer and its agents and consultants shall have the right to enter upon the Premises upon reasonable notice. For any on-site activity performed by Buyer durin� the feasibility study, Buyer agrees to return the Property to its original state (i.e., fill all boring holes, etc.). Buyer shall notify and coordinate with Seller any on-site activity and the extent of such activity on the Property. Buyer may conduct investigations, tests, studies and inspections of the Premises and every part thereof, as are deemed necessary or desirable by Buyer in Buyer's sole and absolute discrerion, to evaluate Buyer's proposed purchase of the Premises, including, without limitation: engineering and structural inspections of the Premises and all improvements and systems thereon; soil and groundwater sampling, and environmental investigations, including a Phase II investigation; a review of zoning and land use regulations affecting the Premises; a review and inspection of all current and proposed utilities (including, without limitation, plumbing, sewer and electrical) and their adequacy to serve the Premises For Buyer's intended use; the adequacy of access to and from the Premises; investigations to deternune the likelihood of Buyer obtaining all necessary pernuts and approvals for its intended use of the Premises; and the economic feasibility of Buyer's intended use and financing of the Premises. Buyer acknowledges that Seller provided Buyer with a Phase I environmentaJ report for the Properiy prepared by Premier Environmental Services Inc. dated December 2009 which was provided to Seller by the Federal Deposit Insurance Corporation. {ii) Upon request, Seller shall make availabte for inspection by Buyer and its agents as soon as possible, but not later than five (5) business days after such request, all documents available to Seller relating to the Premises and all documents available to Seller relating to the ownership and operation of the Premises, including, without limitation: all correspondence, instruments, agreements, contracts, books, documents, records, plans, drawings, specifications, brochures, permits, licenses, registrations, consents, appmvals and authorizations conceming the Premises; a!1 statements for real estate ; taxes, assessments, and utilities; service contracts, plans, speciftcarions, permits, drawings and surveys; all documents relating to litigation and/or REAI. ESTATE PURCHASE AND SALE AGREEMENT 190 Pacific Avenue Page 3 of 10 approvals of and for the Premises and all applications, approvals and permits, and all cocrespondence (other than attomey-client communications), reports or plans referenced therein; agreements including, without limitation, developer's agreements, utility agreements, easements and off-site improvement agreements; engineering pians and concept plans; title insurance policies and commitments; all surveys of the Premises, including without limitation outbound and topographic surveys; all environmental documentation in the possession or under the control of Seller conceming the , Premises or its environs, including without limitation, Phase I and Phase II reports or any other environmental plans, reports and sampling results and any correspondence or other documentation to or from any governmental or quasi-governmental authority or agency; geotechnical studies; and any other documents reasonably requested by the Buyer and/or its professionals. Notwithsrtanding the foregoing, in no event shall Seller be required to provide copies of any documents to Buyer that are subject to the attorney client privilege or that consist of bids or contracts submitted to Seller by any other developer. Should Seller be unable to produce such information within the five (5) business days requested, Seller shall make it best effort to produce the information as soon as possible thereafter and Buyer will cooperate with Seiler by prioritizing the information needed and allowing for phased review of the information if necessary. (iii) Title satisfactory to Buyer in accordance with Section 6 herein. (iv) Dili�ence. Buyer agrees to use reasonable diligence and act in good faith in pursuit of the satisfaction of the Inspection Contingency. (v) Seller to Cooperate. In connection with the satisfaction of the Inspection Contingency, Sel[er, without charge to Buyer but without assuming any financial obligation, agrees ta fully cooperate with Buyer and execute all applications, confirmadons and other documents necessary to pernnit Buyer to satisfy all conditions of the Inspection Contingency. ln the event Seller shall fail to cooperate, which results in or causes delay in the satisfaction of the lnspection Contingency set forth herein, Buyer shall deliver written notice to Seller stafiing specific examples of the ctaimed failure to cooperate. Buyer shal) then be atlowed to extend the InsQection Contingency period for a time period equal to the period of the delay which shatl be�in as of the date of notice to Seller and shall be without cost to Buyer. Should any of the contingencies in this Section S not be met within forty-five (45) days from the date of mutual acceptance of this Agreement, (except when extended per Section 9 or except if waived for Pailure to provide timely notice as required in subsection 4(d) above) then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money held in escrow shall be immediately returned to Buyer. REAL ES'TATE PURCHASE AND SALE AGREEMENT 190 Pacific Avenue Page 4 of 10 I 6. CONVEYANCE AND CONDITION OF TITLE. The title to the real p�operty shall be conveyed by Seller to Huyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects. 7. TITLE INSURANCE. Within five (5) days of the Effective Date, Seller shall cause Lawyers Tille Insurance Corporatlon, whose address and telephone number is 9619 Levin Road N W Sitverdale, Washington 98383, (360 692-4556), to issue a standard form owner's policy of title insurance to Huyer in an amount equal to the total purchase price of the Properry. The cost of this policy shall be paid from Seller's funds at Closing. If an extended coverage owner's policy is requested by Buyer, then Buyer shall pay the increased costs associated with that policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insuter Within fifteen (15) days of the Effective Date, Buyer shall notify Seller, in writing, of Buyer's objection to any title exceptions set forth in such report of title or in any amendments thereto. Seller shal! then have a ten (10) day period after such notice to clear or remove the exceptions objected to by Buyer to the satisfaction of Buyer and the Title Company. In the event Seller is unable or unwilling, within ten (10) days, to remove all of the exceptions objected to by Buyer and deliver title as required herein, Buyer shall have the right either to accept such title as Seller is able to convey, with proportional abatement of the Purchase Price, or to terminate this Agreement in which case the Note shall immediately be returned to Buyer. 8. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federai Regulation. Seller shall pay for excise tax and revenue stamps as applicable. Taxes for the current year, rents, interest, water and other utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed. , 9. CLOSING OF THE SALE. With the understandi»g that time is of the essence for this agreement, this sale shall be closed by June 30, 2010 ("Closing Date") which shall also be the termination date of this agreement; provided, however, that Buyer shall be entitled to one(1) thirty (30) day extension of the Closing Date, which may be exercised by providing written notice to Seller and Escrow Agent five (5) days prior to the Closing Date. When notified, the Buyer and Seller will deposit, without delay, in escrow withLawyers Title 1»surance Corpora�ion all instruments and monies required to complete the transaction in accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date ° that all documents are executed and the sale proceeds aze available for disbursement to the Seller. At Closing, Seller shall deliver the following documents: (a) Statutory Warranty Deed for conveyance of the Premises subject only the exceptions permitted by Buyer pursuant to Section 3 hereof and subject to REAL ESTATE PURCHASE AND SALE AGREEMENT 190 Paciftc Avenue Page 5 of l0 Buyer's approval. (b) A closing statement showing the applicable closing adjustrnents, duly executed by the Seller; (c) Seller shall execute any and all other documents reasonabiy required by Buyer, the Title Company and/or Buyer's mortgage lender to complete the within transaction. 14. FIRPTA-TAX WITHHOLDING AND CLOSING. The closing agent is instructed to prepare a certificate that Seller is not a"Foreign person" within the meaning of the Foreign Investment in Real Property Tax Act. Seller agrees to sign this certificate. 11. CASUALTY LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer, shall become null and void. 12. POSSESSION. Buyer shall be entitled to possession on closing. 13. SELLER'S REPRESENTATIONS AND WARRANTIES. Seller represents and warrants to Buyer the following: (a) Seller is the sole owner of the Premises, and Seller and its representative executing this Agreement have the full power to enter into, execute, deliver and perform this Agreement and all agreements and documents contemplated hereby. The execution, delivery and performance by Seller of this Agreement and all other documents and instruments contemplated hereby dces not and will not violate or conflict with any provision of any organizational documents of Seller; (b) Seller has not entered into any other contract or tetter of intent to sell or encumber the Premises or any part thereof. Seller will not, between the Effective Date and the Closing Date sign any other contract or letter of intent related to the sale of the Premises (or any part thereo fl or commence or continue any negotiations regarding the sale of the Premises to any party other than Buyer; (c) To the best of Seller's knowledge, no judgments, liens, actions, or litigation proceedings of any sort aze pending against Seller with regard to the Premises in any court, and Seller is not threatened with any suit, action, azbitration or administrative proceeding regarding the Premises; (d) Except as shown on the title report, to the best of Seller's knowledge, there exist no tax or vendor liens against the Premises or any portion thereof; (e) Thece are not now and will not be at Closing any unpaid charges, debts, liabilities, claims or obligations arising fro�n the construction, occupancy, ownership, use or operation of the Premises by Seller that could give rise to any mechanic's or materialman's or other statutory lien REAL ESTATE PURCHASE AND SALE AGREEMENT 190PacificAvenue Page 6 of 10 against the Premises or any part thereof, and any such debts, liabilities, claims and obligations shall be removed by Seller prior to Closing by payment of money, appropriate bond or indemnification satisfactory to the Titie Company and Huyer, and so as to permit the deletion of any such claim from any title insutance policy to be issued to Buyer; (� TEiere is no pending, nor, to the best of Seller's knowledge, threatened condemnation or similar proceeding affecting the Premises or any part thereof, and Seller has received no notification that any such proceeding is contemplated by any govemmental authority; (g) There aze not now and to the best of Seller's knowledge, there will not be at the time of Closing any outstanding notices of violations issued by any governmental authority having jurisdiction over the Premises wherein the Premises are alleged to be in violation of any applicable law, ordinance, rule or regulation of any kind or variety, nor of any ordinance, rule or regulation of any governmental agency, and to the best of Seller's knowledge there are no conditions which are or may be in vioEation of any laws, ordinances, rules or regulations of any governmental authority having jurisdiction over the Premises. Seller agrees that as to any such notices which are in existence or which arise subsequent to the Effective Date and prior to the Closing Date, Seller will be responsibte for complying with such notices at Seller's sote cost and expense prior to the Closing Date; (h) T'here aze no third party contracts, including employee contracts or brokerage commission agreements, to which the Premises are a party or subject to by Seller to which Buyer would be obligated following Closing; (i) There aze no tenants on the Premises, Seller has exclusive possession of the Premises, and no portion thereof has been leased by Seller, nor has any other possessory interest been assigned, sold or otherwise conveyed to any third party by Seller except as disclosed by Buyer in writing within twenty (20) days of the Effective Date of this Agreement; (j) Selier will maintain the Property in present or better condition until time of agreed possession. All of the above representations and warranties are made effective on the Effective Date and on the Closing Date. All representations and warranties made by Selier in this Agreement are material and shall survive Closing. 14. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Selter makes no representations as to the environmental condition of the property, This provision shall survive closing. Buyer acknowledges that Seller provided Buyer with a Phase I environmental report for the Property prepared by Premier Enviranmental Services Inc. dated December 2009 which was provided to Seller by the Federa) Deposit Inswance Corporation. 15. CONDITION OF PROPERTY. As partiat consideration for the purchase of the Property, Buyer purchases the property and improvements "as is". This provision shall survive closing. REAL ESTATE PURCHASE AND SALE AGREEMENT 190 Pacific Avenue Page 7 of 10 i 16. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buyer defaults hereunder, Seller shall be entitled to terminate this Agreement and Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of the earnest money previously paid the Buyer. Buyer and Seller intend that said amount constitutes liquidated damages so as to avoid other costs and expenses to either party in connection with potential litigation on account of Buyers' default. Buyer and Seller believe said amount to be a fair estimate of actual damages. (b) � Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights and rernedies available at law or in equity, including: (i) Specific performance of this Agreement against Seller; and (ii} Terminating this Agreement by written notice delivered to Seller on or before the Ctosing Date; and (iii) the retum to Buyer of the earnest money. 17. BROKERS FEES/CUMMISSIONS. Buyer agrees to indemnify, defend and hold hazmless Seller with respect to any claim by any person or entity claiming through Buyer to be entitled to a commission with respect to the transaction contemplated by this agreement. 18. NON-MERGER The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 19. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a} All notices to be given to Seller shall be addressed as follows: Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337-1873 (b) All notices to be given to Buyer shalt be addressed as follows: Ken Bloch l90 Pacific Avenue LLC c/o Wolfstone, Panchot & Bloch, P.S., Inc. 1111 Third Avenue, Suite 1800 Seattle, WA 98101 Fax: (206) 340-8837 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day REAL 6STATE PURCHASE AND SALE AGREEMENT 190 Paciftc Avenue Page 8 of 10 such notice is mailed in accordance with this paragraph. 20. ASSIGNMENT. Buyer may, without the prior written consent of Seller, assign Huyer's rights hereunder to any corporation, partnership, timited liability company or other legal entiry. 21. GOVERNING LAWNENUE. This Agreemenl shall be construed in accordance with the laws of the State of Washington. The venue of any suit arising pursuant to the terms of this Agreement shall be in the Superior Court of Kitsap Counry, Washington. 22 ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the fiill understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement. No amendment or modification hereof shall have any force or effect unless in writing and executed by all parties. 23. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the ternns, conditions and provisions of this Agreement shatl survive the closing of this transacdon. 24. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of. this Agreement shall be the last date on which the parties to this Agreernent have executed this Agreement as indicated below ("Effective Date"). 25 COUNTERPARTS. This Agreement may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto were upon the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. SELLER: BUYER: THE CITY OF BREMERTON 190 PACIFIC AVENUE LLC ARGU RU �P, TD., Manager i � By ' B y'— ---, �'� onald Sher ,, Pariy Lent, Mayor Tts: CEO Dated: Dated: � � b I APPROVED AS TO FORM: i , � REAL ESTATE PURCHASE AND SALE AGREEMENT 190 Pacific Avenue i Page 9 of 10 , � , � ; i By: Roger A. Lubovich, City Attorney P:�Files�PacificAvenuePlaza\PurchaseandSaleAgreement-190 LLC4-28-IO.doc 1 I � � i � t I i I � � I Z � 1 f � REAL ESTATE PURCHASE AND SALE AGREEMENT 190 Pacific Avenue Page 10 of 10 ; � i 1 I � i Lots 4, 5, 8, and 7, Black 9 of the Plat oi the Town of Breme�ton as recorded in Volume 2. of plats, Page 30, reoords oi Kitsap County, Washtngbon, situate in Govemment Lot 3, Sec�ion 13, Township 24 North, Range 1 East, W.M, Kitsap County, Washington; Togethe� with the northerly 6 feet of Lot 3; Together with the vacated 14 foot wlde alley lying to the east of safd Lots. EXHIBIT A Lots 4, 5, 6, and 7, Block 9 of the Plat of the Town of Breme�ton as recorded in Volume 2, of plat�, Page 30, records of Kitsap County, Washington, situate in Govemment Lot 3, Secdon 13, Township 24 North, Range 1 East, W.M, Kitsap County, Washington; Together with the northerty 6 feet of Lot 3; Together with the vacated 14 foot wide alley lying to the east of said Lob. ExHie�Ta , --� � l� .L _.L _..1. �L_ .� __1__ --�- _ � T= d St ree t ---I _ r � � J � i 1 � I � I 8 � 9 I.0 I :.Rl�AL DGAT7t(` � �� I -- i � t O i UrvES _ J P � , l P. TT' yNfS I � F � � �£ � � I � � i - � , � a� � F�a;) I �IB� �'f �, t 5 � p PR � � 'a � .p_� �- . � :' BOUNDARY LINE ADJUSTMENT • V ; • £„�, p,�„ �,N� � �;L � - , PORTION OF BLOCK 9 � � ``� � Er�• �' � ?5 , PLAT OF THE TOWN OF BREMERTON ~ � � , r,.m� --- -- , _ �< �?J � � U 3 PR �E�- �e' ; p.R �E i I X � � � �— - --i 5 SEC.13 & 24,T.24N..R.1E,W.M. W ,� � I � � 7 �c� P AR 3 �' � "E� � ( L � � � ^ , �cnO.v r,7 . � r ' `Cr � , , �__r ,.� � ; -�---- _ cirr oF eRE►rEaroN ------- 03/10— G.F./S.J. �s t Stree t