HomeMy WebLinkAbout02/16/2011 AGENDA p
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CITY COUNCIL 345 6t+ Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280
FEBRUARY 16, 2011
CITY COUNCIL MEETING AGENDA
1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603
A General Council Business
2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS
A Pledge of Allegiance
B Invocation
3 MAYOR'S REPORT
4 PUBLIC RECOGNITION
5 CONSENT AGENDA
A Claims & Check Register
B Minutes of Meeting — February 2, 2011
C Minutes of Study Session — February 9, 2011
D Grant Funding Agreement with the State of Washington Department of Ecology for
Kiwanis Park Retrofit and Green Streets Project
E Sidewalk Improvements near Armin Jahr Elementary School at McClain Avenue & 31
Street
F Approve Building Lease Agreement with Kitsap Regional Library for City Facility at 612
5 Street for 2 -year term
6 GENERAL BUSINESS
A Request to Release the Recreational and Athletic Easement granted by State of
Washington on a portion of the Frances Haddon Morgan Center in vicinity of Forest
Ridge Park
7 COUNCIL MEMBER REPORTS
8 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requinng special accommodations
should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting
DATE SUBMITTED 2/16/2011
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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SUBJECT: Committee Meeting Date
COUNCIL MEETING Date Februa�r r 16, 2011
Claims & Check Register Department Financial Services
Presenter Cathy Johnson
Phone 473 -5296
SUMMARY:
Consent Agenda item Approval of checks and electronic fund transfers
ATTACHMENTS: Check Register
FISCAL FACTS (Include Budgeted Amount)
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
COMMITTEE CHAIR
COUNCIL PRESIDENT ' CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
1) Check #'s 341643 through 341890 and EFT's 10616 through 10657 in the amount of
$2,406,436 81
2) Regular Payroll for the pay period ending January 31, 2011 in the amount of $740,075 40
COUNCIL ACTION: 9 Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
DATE SUBMITTED
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 58
SUBJECT: City Council Meeting Minutes Committee Meeting Date N/A
for meeting of COUNCIL MEETING Date hrkdru
Department City Counc
Febrk ar y oZ� a D/! Presenter Will Maupm,
Council President
Phone (360) 473 -5280
SUMMARY: Attached is a summary of the City Council Meeting held y �� a o il
ATTACHMENTS: Meeting Minutes for /� 6 r oar,
FISCAL IMPACTS (Include Budgeted Amount) N/A
APPROVALS:
DEPARTMENT DIRECTOR Council President
CITY ATTORNEY- N/A
FINANCE DIRECTOR N/A
MAYOR- N/A
COMMITTEE CHAIR N/A
COUNCIL PRESIDENT ' CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue
❑ No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, February 2, 2011
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
February 2, 2011, at 5 00 PM in Council Conference Room 603 of the NORM DICKs GOVERNMENT
CENTER, 345 6 th Street, Bremerton, Washington, with Council President Will Maupin presiding Council
Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon,
Adam Brockus, Cecil McConnell, and Jim McDonald Also present were City Attorney Roger Lubovich,
City Clerk Carol Etgen, and Council Assistant Christine Grerner
A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the Council
Conference Room At 5 30 PM the meeting moved to the Meeting Chambers
The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation
provided by Pastor Eric Roberts of New Life Assembly
MAYOR'S REPORT — Mayor Lent
• Invited Parks & Recreation Director Wyn Birkenthal to introduce Dennis Treger from the
Bremerton Rotary, who presented a $25,000 check to be used towards improvements at Matan
Park in the Anderson Cove area including a picnic shelter, landscaping, streetscape, and
utilities,
• Presented an Employee Recognition Award to Leighann Denton Legal Department,
Attorney Roger Lubovich commented on her positive attitude and the ability to take on
numerous duties in a short timeframe,
• Also presented Employee Recognition Awards to Public Works General Facilities Employees
Chris Mottner Mike Bishop Mark Klinefelter Shaun Tassano and Matt Donleycott for
their outstanding work and positive attitude in relocating the Municipal Court, beautifying
grounds of City buildings, clearing parking lots during snow events, and finishing many
undesirable tasks, Theresa Ewing Court Manager, also expressed gratitude to the employees
on behalf of Municipal Court division
• Proclaimed the Month of February 2011 as "Kiwanis Children's Cancer Cure Month" and
the proclamation was accepted by Kiwanis members Roy Meyers Edna Meyers James
Bennett and Tom Saunders Mr. Meyers also presented a comfort blanket on behalf of
Kiwanis to Mayor Lent and explained that similar blankets will be provided to young patients,
• Read a proclamation to proclaim the Month of February 2011 as "Black History Month ",
which was received by Joan Ferebee Bremerton NAACP President Council Member Dianne
Robinson thanked Ms Ferebee for her service to the community and presented her with a City
of Bremerton pin Ms. Ferebee then announced various Black History Month events to be held
at Olympic College including the NAACP Freedom Fund Banquet that will be held on May 14 at
Olympic Lodge, and
• Encouraged the community to attend the First Friday Artwalk and the annual Collective Visions
Gallery (CVG) Show and mentioned that she will be presenting awards on Saturday to the
winners of the CVG Show
PUBLIC RECOGNITION
John Larson Parks & Recreation Commission, thanked the Rotary for their donation towards
improvements at Matan Park
CONSENT AGENDA
A Check Numbers 341391 through 341642, and EFT -10565 through EFT -10615 in the amount of
$1,980,569 97, and Retiree Payroll for the pay period ending January 31, 2010 in the amount of
$82,11549
B Minutes of Meeting — January 19, 2011
City Council Reg Mtg Minutes
Wednesday, February 2, 2011
Page 2 of 5
C Minutes of Study Session — January 26, 2011
D Reappointment of Joanie Pearson to the Arts Commission
E Appointment of Kelli Warren to the Planning Commission
F Appointment of Charlotte Belmore as Civil Service Officer
G Renewal of 2011 Excess Liability, Excess Workers' Compensation, and Crime Insurance
H Approve 2011 Kitsap Physician Services (KPS) Premium Rates and Underwriting Criteria
1 Ordinance No 5136 to repeal in its entirety Chapter 18 08 of the Bremerton Municipal Code (BMC)
entitled "Outdoor Fires"
J Ordinance No 5137 to amend Title 18 02 090 of the Bremerton Municipal Code (BMC) entitled
"Amendments to the International Fire Code
K Professional Services Agreement with SVR DESIGN COMPANY for the Drainage and Sustainability
Design of the Pacific Avenue Improvements from 6th Street to 11 Street
L Professional Services Agreement with PARAMETRIx for the Street Design of the Pacific Avenue
Improvements from 6 Street to 11 Street
M Professional Services Agreement with TETRA TECH INCA for the Bremerton Highway Safety
Improvement Program
N Ordinance No 5138 to amend Section 10 04 010 of the Bremerton Municipal Code (BMC) entitled
"[Washington] Model Traffic Ordinance (MTO) — Adoption by Reference ", and to amend Chapter
10 11 of the BMC entitled 'Parking Enforcement"
O Scheduled Replacement Purchase of two (2) 2011 Ford Crown Victoria Police Interceptors
P Professional Services Agreement with EXELTECH CONSULTING, INC for Park Avenue Plaza Phase II
Construction
Q Professional Services Agreement with TERRACON CONSULTANTS, INC for Park Avenue Plaza Phase
I and H Construction
R Ordinance No 5139 to amend Section 3 48 030 of the Bremerton Municipal Code (BMC) entitled
"Business & Occupation Taxes, Definitions" relating to "Engaging in Business" (Bremerton Court
Interpreters)
S Correction to Minutes of Special Session & Study Session — August 11, 2010
Mr. Maupin welcomed Kelli Warren to the Planning Commission and thanked her for offering to serve
the City
There were no comments from the public
05 M /S /C (Arends /McDonald) Move to approve the CONSENT AGENDA as presented
Voted in favor of Motion McDonald, Brockus, Runyon, Wheeler, Robinson, Arends, Maupin
Abstained McConnell, Wofford
Motion carried 7 -Yes, 2- Abstentions
PUBLIC HEARING
6A— 2" Of 2 PUBLIC HEARINGS ON LEASE WITH KITSAP COMMUNITY RESOURCES FOR
SMITH PARK CHILDREN'S NATURE PLAY AREA AND SMITH SCHOOL PARKING LEASE
Wyn Birkenthal Parks & Recreation Director, explained that Kitsap Community Resources (KCR)
operates Head Start and other child development programs at the former Smith School building This
agreement allows KCR to improve, maintain, and operate the 1 1 acre adjacent to city park property for
a children's nature play area The improved park and play area will be open to and for the public use
City Council Reg Mtg Minutes
Wednesday, February 2, 2011
Page 3 of 5
with the exception of hours when KCR has a scheduled children's program in the facility The Parks
Board reviewed the plans for the proposed play area at an advertised public meeting and voted
unanimously to recommend the KCR agreement to Council The proposed lease incorporates and
replaces the Smith School Parking Lease previously approved by Council on November 9, 2009 Due
to Parks Protection Ordinance requirements, a unanimous vote is required by City Council to take
action on this item
President Maupin opened the Public Hearing for comment from the public
Comments in support of this action were received by the foHow►n_g
Larry Ever KCR Executive Director, Connie Miller Early Childhood Development Program, John
Larson Parks & Recreation Commission, and Jeannie Screws Leadership Kitsap
President Maupin stated that with no further comments, the Public Hearing was closed to the public
and opened for discussion to the Council
06:04:08 Motion to authorize the agreement was made by McConnell, and seconded by Runyon,
Discussion was then opened to the Council
Mr. McConnell asked what play equipment is currently available and if the public would have to
"check -in" to use that part of the park Mr. Birkenthal answered there is one piece of equipment from
the 1980's and that improving the area will increase the usage of Evergreen Rotary Park, and that if
KCR is not using the park for a program, then the area would be open for public use, according to the
terms of the lease
06:09:28 M /S /C /U (McConnell /Runyon) Move to authorize the Mayor to enter into the Smith Park
Nature Play Area and Parking Lease with Kitsap Community Resources, and execute the agreement
with substantially the same terms and conditions as presented
GENERAL BUSINESS
7A— ORDINANCE NO. 5140 REPEALING CHAPTER 5 04 OF THE BREMERTON MUNICIPAL
CODE (BMC) ENTITLED "COMMERCIAL PET FACILITIES, GROOMING PARLORS, AND ANIMAL
WELFARE FACILITIES ": AND FURTHER REPEALING IN ITS ENTIRETY CHAPTER 5.20 OF THE
BMC ENTITLED "STREET /SIDEWALK VENDORS " Roger Lubovich City Attorney, explained that
Bremerton Municipal Code (BMC) Chapter 5 04 requires the regulation of Commercial Pet Facilities,
Grooming Parlors, and Animal Control Facilities The City does not currently regulate or believe there
is a need to regulate these businesses These businesses will continue to be subject to business
licensing and Business and Occupation (B &O) Tax provisions But by removing the regulatory
provisions with the attached ordinance, we are removing an unneeded layer of bureaucracy
In addition, the attached ordinance creates a new BMC chapter which clarifies the licensing and
regulatory requirements for street vendors Our existing codes have limited direction regarding the
types, siting, and licensing requirements for street vendors The attached helps our code become
compliant with county health and fire code regulations It also clarifies the proper process to be used
to become licensed as well as defines the site distance requirements for their location It was further
clarified that only regular business licenses are required for such businesses pursuant to BMC
Chapters 3 01 and 5 02
Jerry McDonald asked if the Farmers Market would be subject to requirements described in this
ordinance Mr. Lubovich answered that the Farmers Market would be subject to a special events
permit instead of a business license and not subject to the 100 -foot distance provisions as described
06:18:06 Motion to approve ordinance as amended was made by McDonald, and seconded by
Runyon, Discussion was then opened to the Council
City Council Reg Mtg Minutes
Wednesday, February 2, 2011
Page 4 of 5
Mr. Runyon hoped that other businesses would ultimately be allowed, but agreed that this is the right
direction for the City
Mr. Wofford thanked administration for making the environment better for business by making these
changes, and encouraged business owners to point out any issues that may need correction in the
future
Mr. McDonald asked if there is a process in place to notify businesses of these changes Mr.
Lubovich answered that as business license renewals occur, all changes are highlighted
06:20:55 M /S /C (McDonald /Runyon) Move to approve Ordinance No 5140 regarding regulatory
licenses repealing Chapter 5 04 of the BMC relating to "Commercial Pet Facilities, Grooming Parlors,
and Animal Welfare Facilities" and further repealing and replacing in its entirety Chapter 5 20 of the
BMC with a new chapter relating to "Street Vendors" as amended
Voted in favor of Motion McDonald, McConnell, Brockus, Runyon, Wheeler, Robinson, Arends, and
Wofford
Abstained Maupin
Motion carried 8 -Yes, 1- Abstention
713 — ORDINANCE NO 5141 CREATING CHAPTER 3.49 OF THE BREMERTON MUNICIPAL CODE
(BMC) ENTITLED "USE TAX ON NATURAL OR MANUFACTURED GAS " Becky Hasart Financial
Services Director, summarized that on May 20, 2008, the Court of Appeals issued a decision clarifying
the "place of use" for local option brokered natural gas tax as the place where the customer first takes
control of the product and not the place of consumption For Bremerton, this means that Cascade
Natural Gas no longer pays the 6% utility tax on the gas delivered to the Puget Sound Naval Shipyard,
as PSNS takes control of the gas at a location outside our city limits
To rectify this loophole, many cities are amending their municipal codes to levy a brokered natural gas
use tax The attached ordinance will create this taxing authority for our BMC This change does not
currently affect any existing businesses as the PSNS has a federal exemption But this change will
allow us to already have the authority on the books should new customers within our city limits
consume brokered natural gas Anyone already subject to the 6% utility tax on natural gas would not
be affected
There were no comments from the public
06:27:53 Motion to approve ordinance was made by Runyon, and seconded by Wheeler, Discussion
was then opened to the Council
Mr. Runyon was pleased that after raising this issue, Mr Lubovich was able to find a solution, then
asked for a brief history of this tax Mr. Lubovich responded that the Navy had previously paid a tax
to Cascade Natural Gas but that the company is no longer the supplier The revenue lost to the City
from this prior arrangement was $700,000 Mr. Runyon supported this proposal since future business
involving natural gas would return revenue to the City
Mr. Wofford and Mr. Lubovich emphasized that this does not raise taxes for residents
Mr. Wheeler believed that his concerns have been addressed and that these changes will be aligned
with the intent of the legislation.
06:33:02 M /S /C (Runyon/Wheeler) Move to approve Ordinance No 5141 creating Chapter 3 49 of the
Bremerton Municipal Code entitled "Use Tax — Natural or Manufactured Gas"
Voted in favor of Motion Wofford, McDonald, McConnell, Runyon, Wheeler, Robinson, Arends, Maupin
Abstained Brockus
Motion carried, 8 -Yes, 1- Absention
City Council Reg Mtg Minutes
Wednesday, February 2, 2011
Page 5 of 5
COUNCIL MEMBER REPORTS
Jim McDonald provided an update on the Kitsap 9/11 Memorial Committee and hoped that a final site
selection will be made soon so that a ground breaking ceremony can be held in time for the
anniversary this September
Adam Brockus asked Vincent Akhim►e, Public Works & Utilities Director, if residents along Hayward
Avenue between East 13 and East 17 Streets could receive a waiver for parking on planting strips
due to the change in parking requirements that were passed earlier tonight
Roy Runyon welcomed new downtown business Fingers Duke, a screen printing and design studio
now located at 705 Pacific Avenue and encouraged people to volunteer for the Bremerton Foodl►ne
Please contact (360) 479 -6188 or www bremertonfoodline org for more information
Greg Wheeler thanked the Rotary for their generous donation tonight, reported on his visit to Olympia
on Monday where he testified on ferry service to Legislators, and recognized Beverly Kincaid and Bob
Dollar for helping make "Project Connect" a success
Dianne Robinson reported on the Kitsap Regional Coordinating Council (KRCC) Countywide Planning
Policies public hearing held last Thursday, offered special thanks to the Rotary for their donation
towards Matan Park improvements, announced there would be an Anderson Cove Community Meeting
on Monday, February 21 at 7 00 PM to discuss `Building a Better Community', reflected on the
accomplishments of Bremerton Navy war hero John Henry `Dick" Turpm in honor of this year's 86
Black History Month theme "African Americans and the Civil War'; and then announced several Black
History events including "The Right to Dream" program hosted by Central Kitsap School District tonight
at 6 00 PM, "The Life and Times of Opal Greer"presented by Lee Douglass at the Carver Civic Club
meeting on Saturday, February 5 at Noon, and at Olympic College on Thursday, February 17 Dan
Johnson will present "African American History Truths My Teacher Never Told Me" at 11 00 AM, and
Eva Abram will present "Rosa Parks and African Folktales "at 2 00 PM Lastly, the 12 Annual "Salad
Bowl Sunday" event will be held on Sunday, February 27 beginning at 3 30 PM at the Kitsap Pavilion
Carol Arends encouraged people to attend the First Friday Artwalk, and welcomed the new 7 -11 Store
now located off of 11 Street and Callow Avenue
Nick Wofford announced that attendance at the Kitsap Historical Society Museum is free on First
Fridays and that there will be new exhibit at the Puppet Museum, and encouraged people to volunteer
Will Maupin was pleased with the testimony at the KRCC public hearing on Countywide Planning
Policies and added that Bremerton will have an opportunity to ratify or not ratify the proposed policies
With no further business, President Maupin adjourned the Council Meeting at 6 50 PM
Prepared and Submitted by
C ISTINE GRE IER
Council Assistant
Attest
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WMCEIscg
DATE SUBMITTED
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
■• ae
SUBJECT: City Council Meeting Minutes Committee Meeting Date N/A
for meeting of COUNCIL MEETING Date.
Department. City Council
Fe� r axtx y Cl � Presenter Will Maup,
7 � m
Council President
Phone (360) 473 -5280
SUMMARY: Attached is a summary of the City Council Meeting held F-tlo r uAjrc q , Zo
ATTACHMENTS: Meeting Minutes for F6rtoca rl t 2 0 H
FISCAL IMPACTS (Include Budgeted Amount) N/A
APPROVALS:
DEPARTMENT DIRECTOR Council President
CITY ATTORNEY N/A
FINANCE DIRECTOR N/A
MAYOR- N/A
COMMITTEE CHAIR N/A
COUNCIL PRESIDENT �` CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
February 9, 2011
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, February 9, 2011, at 5 00 PM, with Council President Will Maupin
presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg
Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Legislative Assistant
Lori Smith was present to provide staff support
President Maupin 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 reviewed
by the appropnate Council Committee, and unless otherwise noted, will be scheduled on the
February 16, 2011 Council Meeting Agenda for action
1 Grant Funding Agreement with the State of Washington Department of Ecology for Kiwanis
Park Retrofit and Green Streets Project — Wyn Birkenthal, Parks & Recreation Director,
and Jim McDonald, Public Safety and Parks Committee Chair Consent Agenda
2 Sidewalk Improvements near Armin Jahr Elementary School at McClain Avenue & 31 st
Street — Larry Matel, Public Works & Utilities, and Dianne Robinson, Public Works
Committee Chair Consent Agenda
3 Approve Building Lease Agreement with Kitsap Regional Library for City Facility at 612 5th
Street for 2 year term — Wayne Hamilton, Public Works & Utilities, and Dianne Robinson,
Public Works Committee Chair Consent Agenda
B FULL DISCUSSION ITEMS
4 Prepesed reG9lUt te adept the Kitsap Geunty Gempi:ehensiye gelid and Hazardous
Waste MaRagement Plan Tom KRUGkey, Publ'G Works & Utilities, and DiaRRe ,
Item postponed until March 9. .
5 Request to Release the Recreational and Athletic Easement granted by State of
Washington on a portion of the Frances Haddon Morgan Center in vicinity of Forest Ridge
Park — Wyn Birkenthal, Parks & Recreation Director, and Jim McDonald, Public Safety and
Parks Committee Chair General Business
6 Proposed Revisions to the Kitsap Countywide Planning Policies — Andrea Spencer,
Director of Community Development, and Mary McClure, Executive Director of Kitsap
Regional Coordinating Council (Information only...)
C GENERAL COUNCIL BUSINESS
1 Council Committee Chair reports were provided, and
2 General Council Business was discussed
President Maupin adjourned the Study Session at 7 20 PM
City Council Study Session Minutes
Wednesday, February 9, 2011
Page 2 of 2
Prepared and Submitted by
yr& ym�
LORI SMITH
Legislative Assistant
Attest
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WMCEIscg
f
DATE SUBMITTED
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
■■ ee eeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeee �
SUBJECT: Grant Agreement with Committee Meeting Date Feb 9 2011
Washington State Dept of Ecology for COUNCIL MEETING Date. Feb 16 , 2011
Kiwams Park and Green Streets Renovation Department Parks
Presenter Wyn Birkenthal
Phone 473 -5752
SUMMARY: The grant agreement with the Washington State Dept of Ecology (D O E.) will
provide $500,000 toward the renovation of Kiwanis Park using Low Impact Development methods
Additionally the D O.E. grant will facilitate storm drainage and pedestrian safety improvements on 4`
and 5 Streets in the vicinity of Kiwanis Park Mayor improvements include restroom, playground,
shelter, landscaping and pathway construction Planned drainage upgrades will extend the park's use
season for the public The improvements have been endorsed by the Park Board, Kiwams Club,
Our Lady Star of the Sea School and the Union Hill neighborhood organization Match is provided by
a $400,000 Recreation and Conservation Office grant, and $200,000 in secured private donations
The agreement is a partnership with the Bremerton Public Works Department Public Works will be
designing and managing improvements located in City Streets and ROW
ATTACHMENTS: Grant Agreement
FISCAL IMPACTS (Include Budgeted Amount)
Matching funds in hand for grant agreement
APPROVALS: -
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
COMMITTEE CHAIR
COUNCIL PRESIDENT CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
I move to authorize the Mayor to enter into the Kiwams Park Grant Agreement with the Washington
State Dept of Ecology 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
U2��V DEPARTMENT OF
_ - ju
E L 0
ic
State of Washington
FY2011 - STORMWATER RETROFIT AND LID
GRANT FUNDING AGREEMENT BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF B REM ERTON
GRANT AGREEMENT NUMBER
G1100213
KIWANIS PARK RETROFIT AND GREEN STREETS PROJECT
TABLE OF CONTENTS
PART I GENERAL INFORMATION..... .... ...... 1
PART H PROJECT SUMMARY ..... ... 3
PART III PROJECT BUDGET ........ .. .. .... .... .. 4
PART'IV. PROJECT GOALS AND OUTCOMES .. .4
PART V. SCOPE OF WORK .. .... ....... .... ......... ........ .. .6
PART V(A). SPECIAL TERMS AND CONDITIONS .... ......... . ............ .. 9
PART VI. ALL WRITINGS CONTAINED HEREIN .. .. .10
ATTACHMENT I• GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE
CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN WATER ACT
SECTION 319 NONPOINT SOURCE FUND.. .... ................ .. ... 11
ARCHEOLOGICAL AND CULTURAL RESOURCES I l
EDUCATION AND OUTREACH I 1
FUNDING RECOGNrFION 1 I
INCREASED OVERSIGHT 12
INDIRECT RATE 12
MATCHING REQUIREMENTS 12
MINORITY AND WOMEN'S BUSINESS PARTICIPATION 12
PA YMENT REQUEST SUBMITTALS 13
POST PROJECT ASSESSMENT 14
PROCUREMENT 14
PROGRESS REPORTS 14
REQUIRED DOCUMENT SUBMITTALS 14
1
ATTACHMENT II• GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT
AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY ........................ 16
A RECIPIENT PERFORMANCE 16
B SUBGRANTEE /CONTRACTOR COMPLIANCE 16
C THIRD PARTY BENEFICIARY 16
D CONTRACTING FOR SERVICES (BIDDING) 16
E ASSIGNMENTS 16
F COMPLIANCE WITH ALL LAWS 16
G KICKBACKS 17
H AUDITS AND INSPECTIONS 17
I PERFORMANCE REPORTING 17
J COMPENSATION 18
K TERMINATION 19
L WAIVER 19
M PROPERTY RIGHTS 19
N SUSTAINABLE PRODUCTS 20
O RECOVERY OF PAYMENTS TO RECIPIENT 21
P PROJECT APPROVAL 21
Q DISPUTES 21
R CONFLICT OF INTEREST 22
S INDEMNIFICATION 22
T GOVERNING LAW 22
U SEVERABILITY 22
V PRECEDENCE 22
11
STORMWATER RETROFIT AND LID
GRANT FUNDING AGREEMENT BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF BREMERTON
THIS is a binding agreement between the state of Washington Department of Ecology
(DEPARTMENT) and the City of Bremerton (RECIPIENT) The purpose of this agreement is
to provide funds to the RECIPIENT, who will carry out the requirements described in this
agreement.
PART I. GENERAL INFORMATION
Project Title: Kiwams Park LID Retrofit and Green
Streets Project
Grant Number. G1100213
State Fiscal Year- FY 2011
Total Project Cost: $779,825
Total Eligible Cost- $666,666
DEPARTMENT Share. $500,000
RECIPIENT Share: $166,666
DEPARTMENT Maximum Percentage- 75%
RECIPIENT Information
RECIPIENT Name. City of Bremerton
Mailing Address: 680 Lebo Blvd.
Bremerton, WA 98310
Fax Number 360- 473 -5882
Federal Taxpayer ID Number. 91- 6001231
PROJECT Manager. Colette Berna
Email Address- colette berna @ci bremerton wa us
Phone Number. 360 - 473 -5429
PROJECT Financial Officer. Shannon Corin
Email Address: shannon corin@ci.bremerton.wa us
Phone Number. 360 - 473 -5310
1
DEPARTMENT Contact Information
Project Manager Bernard Jones
Email Address bjon461 @ecy.wa.gov
Phone Number: 425- 649 -7146
Address-
0 Northwest ❑ Central
WA State Department of Ecology WA State Department of Ecology
Northwest Regional Office Central Regional Office
3190 160' Ave SE 15 West Yakima Ave, Suite 200
Bellevue, WA 98008 -5452 Yakima, WA 98902 -3452
Fax (425) 649 -7098 Fax (509) 575 -2809
❑ Southwest ❑ Eastern
WA State Department of Ecology WA State Department of Ecology
Southwest Regional Office Eastern Regional Office
P.O. Box 47775 N. 4601 Monroe
Olympia, WA 98504 -7775 Spokane, WA 99205 -1295
Fax (360) 407 -6305 Fax (509) 329 -3570
❑ Bellingham
WA State Department of Ecology
Bellingham Field Office
1440 10th Street, Suite 102
Bellingham, WA 98225
Fax (360) 715 -5225
Financial Manager. Sean Mellon
Email Address: sean.mellon @ecy.wa gov
Phone Number 360 - 407 -6570
Fax Number: (360) 407 -7151
Address: WA State Department of Ecology
Water Quality Program, FMS
P O. Box 47600
Olympia, WA 98504 -7600
2
CHECK ALL THAT APPLY'
• Stormwater Retrofit and LID Funds (state funds). ® Yes Amount. $500,000 ❑ No
• Will this project be used to match Section 319 funds?
❑ Yes ® No
• Prior Authorization Granted: ❑ Yes If yes, Effective Date ® No
• Increased Oversight? ❑ Yes ® No
The effective date of this AGREEMENT is the date this AGREEMENT is signed by the
DEPARTMENT's Water Quality Program Manager Any work performed prior to the effective
date of this AGREEMENT, without written Prior Authorization of the DEPARTMENT, will be
at the sole expense and risk of the RECIPIENT
This agreement expires December 31, 2012.
Post Project Assessment date — three years after the expiration date of the agreement (see Post
Project Assessment in Attachment I): December 31, 2015
PART H. PROJECT SUNMIARY
Sinclair Inlet is a 303d listed waterway with ESA protected species including Puget Sound
Chinook Salmon, East Coast Coho, Orca Whales and Sea Run Cutthroat Trout. The waterway
has been degraded by runoff from adjacent development. Many of the Inlet's beaches are closed
to shellfish harvest because of high bacteria levels. The project will retrofit four blocks of
heavily traveled streets and a four acre urban park Currently, stormwater from the project area
is piped untreated to Sinclair Inlet via storm drains or absorbed into the sanitary sewer system
where it taxes capacity during heavy rainfall leading to discharge of pollutants. The project uses
biomfiltrahon, permeable pavement, trees, green roof, net reduction of asphalt surface by 10,000
square feet and multi - lingual signs urging use of pet waste disposal containers. The project is in
a low income area a quarter mile west of Bremerton's central business district Retrofitted
blocks have on street parking, used by many motorists driving contaminant generating, older
vehicles
The project has wide community support as it adds an environmental component to an umbrella
project with traffic calming, bicycle enhancements, ADA access and park renovations to a
neighborhood in the early stages of a turnaround with an increase of owner occupied homes and
citizen stewardship demonstrated by a recent volunteer effort removing 3,200 sf of asphalt and
constructing a rain garden.
In addition to the impact on water quality the project will educate children about the relationship
between runoff, and the environment as it is adjacent to a school that is key stakeholder
Funding partners include the Community Development Block Grant (CDBG), a Land and Water
Conservation grant and a $25,000 gift from the Kiwanis Club
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PART III. PROJECT BUDGET
Kiwanis Park LID Retrofit and Green Streets Project
TOTAL TOTAL
TASKS /OBJECTS PROJECT ELIGIBLE
COST COST EC
1. Project Admnnstration/Management $37,500 $37,500
2. Public Outreach and Education $9,800 $3,200
3 Plans and Specifications $95,800 $54,661
4. Construction Management $28,652 $25,708
5. Construction $608,073 $545,597
Total $779,825 $666,666
The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost.
MATCHING REQUIREMENTS
DEPARTMENT Share. 75% of TEC $500,000
RECIPIENT Share: 25% of TEC $166,666
Cash $166,666
Interlocal $
Is any combination of the above match allowed?
❑ Yes ® No
PART IV. PROJECT GOALS AND OUTCOMES
A Financial Assistance Water Quality Project Goals The overall goals of this project are
focused on the protection of Sinclair Inlet and include one or more of the following
® Stormwater System Retrofit
® Low Impact Development Best Management Practices
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® Designated beneficial uses will be restored or protected, 303(d)- Listed water bodies
restored to water quality standards, healthy waters prevented from being degraded
B. Water Quality and Environmental Outcomes The following are the anticipated water
quality and environmental improvements from the project Please include types and
amounts of BMPs that will be installed, and the water quality parameters addressed and
improvements to these parameters that will occur as a result of the project.
1 Improved management of stormwater flows through the removal of impervious
surfaces, installation of porous concrete sidewalks and walking paths, and the
removal of storm drains that are currently routed to combined sewage overflow.
2. Increase community awareness of stormwater issues and Low Impact
Development (LID) techniques through press releases, educational seminars, site
tours, and interpretive signage.
C Performance Items and Deliverables - The following are the anticipated action items that
will play an integral role in implementation of the project This includes items such as
outreach and education, monitoring, technical assistance, GIS mapping, and others
1 Remove approximately .6 acres of impervious surfaces within Kiwanis Park and ROW at
4 and 5 Streets
2. Disconnect three existing storm drams that currently flow into the sanitary system
contributing to combined sewage overflow.
3. Install approximately 7,200 square feet of porous concrete sidewalk adjacent to Kiwanis
Park on 4 and 5 Streets
4 Install up to 9150 square feet of porous asphalt walking paths within Kiwanis Park.
5. Install approximately 500 square feet of green roof on new picnic shelter within Kiwanis
Park
6. Retrofit four residential blocks with stormwater bulb extensions, traffic circle(s) and/or
pervious pavement installed within parking lanes at designated areas upland of catch
basins to act as traffic calming measures while reducing stormwater runoff.
7 Amend approximately two acres of planting and lawn areas within park with compost
amended soils.
8. Preserve existing mature trees within Kiwams Park and plant approximately 60 additional
trees within park and along street frontage to shade paving and intercept rainfall
9 Produce four periodic press releases /news articles during project duration.
10. Publicize and conduct four education seminars to inform public (including regional
municipal staff, community groups, and neighborhood) about the benefits of LID
techniques implemented at the project site.
11. Publicize and conduct four site tours
12 Design and create three educational interpretive signs to be installed in park and at LID
installations at 4th and 5th Streets.
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13. Compile information, publish and distribute fact sheet one year after project completion
including "lessons learned" and results of project outcome as documented in year
following maintenance program.
14. Develop a "Field Guide for Kids" for use by area elementary school students to learn
about the importanance of Puget Sound's water quality
PART V. SCOPE OF WORK
Task 1- Proiect Administration/Management (Total Task Cost: $37,500)
A The RECIPIENT will administer the project. Responsibilities will include, but not be
limited to: maintenance of project records, submittal of payment vouchers, fiscal forms,
and progress reports, compliance with applicable procurement, contracting, and interlocal
agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of
required performance items.
B The RECIPIENT must manage the project. Efforts will include: conducting,
coordinating, and scheduling project activities and assuring quality control. Every effort
will be made to maintain effective communication with the RECIPIENT's designees, the
DEPARTMENT; all affected local, state, or federal jurisdictions; and any interested
individuals or groups. The RECIPIENT must carry out this project in accordance with
any completion dates outlined in this agreement.
C. The RECIPIENT must ensure this project is completed according to the details of this
agreement The RECIPIENT may elect to use its own forces or it may contract for
professional services necessary to perform and complete project - related work.
Required Performance•
1. Effective administration and management of this grant project.
2 Timely submittal of all required performance items, progress reports, and
financial vouchers
3 Submit at least three hard copies and one electronic copy of the final project
report after a draft has been approved by the DEPARTMENT
4. Write and submit a one to two page summary of project accomplishments and
outcomes at project completion, including pictures, to be published in the
DEPARTMENT's Annual Water Quality Financial Assistance Report following
the DEPARMENT's water quality stories format
Task 2 — Outreach and Education (Total Task Cost: $3,200)
A. The RECIPIENT will keep the neighbors, community groups, adjacent elementary
school, church, and park users informed of the project and progress and will provide
opportunities for their involvement Public outreach and education will include periodic
press releases and news articles during the projects' duration
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B. Seminars will be conducted to educate and inform the public about the project and the
benefits of LID techniques. Site tours will be publicized and conducted both during and
after completion of construction to keep the public informed about the project and its
outcomes
C Three interpretive signs will be installed at key locations to highlight and educate visitors
concerning history of the park and LID implementation at the park and adjacent streets
D Following project construction, a fact sheet will be published and distributed to include
"lessons learned" and results of project outcome as documented in the year of
maintenance following project completion
E The RECIPIENT will develop a visual project brochure or "Field Guide for Kids" to be
provided to classrooms at the adjacent elementary school to use during field trips to the
park to learn about the importance of Puget Sound's water quality.
Required Performance
1 Produce four periodic press releases /news articles during project duration
2 Publicize and conduct four education seminars to inform public (including
regional municipal staff, community groups, and neighborhood) about the
benefits of LID techniques implemented at the project site.
3. Publicize and conduct four site tours
4 Design and create three educational interpretive signs to highlight and educate
visitors concerning history of the park and LID implementation at the park and
adjacent streets
5 Compile information, publish and distribute fact sheet one year after project
completion including "lessons learned" and results of project outcome as
documented in year following maintenance program.
6 A "Field Guide for Kids" will be created and provided to classrooms at the
adjacent elementary school to use during field trips to the park to learn about the
importance of Puget Sound's water quality
Task 3 — Plans and Specifications (Total Task Cost: $54,661)
A The RECIPIENT will submit plans and specifications to the DEPARTMENT's Project
Manager 45 days prior to bid advertisement. The DEPARTMENT's Project Manager
will work with Ecology's engineer to review the plans and specifications for consistency.
The RECIPIENT must justify significant deviations from the following:
1 Western Washington Stormwater Maintenance Manual (SWMMWW), found
at. http / /www.ecgov/ programs /wq /stormwater /manual.html, or
Puget Sound Low Impact Development — Technical Guidance found at:
http: / /www.psp.wa gov /downloads/LID/LID manual2005.pd£ or equivalent
design manuals.
2. Good engineering practices and generally recognized engineering standards,
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3. The project pre - design report.
B. The plans, specifications, construction contract documents, and addenda must be
approved by the RECIPIENT prior to submittal to the DEPARTMENT.
C The RECIPIENT will prepare and submit projected construction schedule to the
DEPARTMENT
D. The RECIPIENT will submit to the DEPARTMENT a current, updated construction cost
estimate along with each plans and specifications submittal
E. The RECIPIENT will submit all construction plans to the DEPARTMENT reduced to no
larger than 11"x 17" in size The RECIPIENT may bind them with the specifications or
related construction contract documents or bound as a separate document. All reduced
drawings must be legible.
F. The RECIPIENT will develop and submit a maintenance plan for the stormwater
treatment and LID features. The maintenance plan will describe how the RECIPIENT
will ensure project success consistent with the design manual used, an example may be
plant establishment and survival rates The maintenance plan must also address long
term activities to assure ongoing pollutant removal and flow - control capability of the
project (See the Stormwater Maintenance Manual for Western Washington Volume 5,
Section 4 6)
Required Performance
1. Complete soil Infiltration/Geotech Analysis as necessary.
2 Complete 90 percent Construction Documents by September 2011.
3 Update Pre - design Report as needed
4. Complete 100 percent Construction Documents by November 2011.
5. Complete Required Permits (Grading, Building, etc.)
6. Complete LID Maintenance Plan.
Task 4 — Construction Management (Total Task Cost: $25,708)
A. The RECIPIENT will submit a detailed construction quality assurance plan to the
DEPARTMENT before the start of construction. This plan must describe how adequate
and competent construction oversight will be performed.
B The RECIPIENT will submit a construction schedule to the DEPARTMENT within 30
days of the start of construction. The construction schedule will be revised and/or
updated whenever mayor changes occur and at a minimum of every three months.
C Upon completion of construction, the RECIPIENT will provide the DEPARTMENT's
Project Manager with a set of "as- built" plans that include a record of construction
drawings which reflect major changes, modifications, or other significant revisions made
to the project during construction.
8
D. The RECIPIENT will provide a Declaration of Completion, signed by the professional
responsible for construction inspection, indicating that the project was completed in
accordance with the plans, specifications, and major change orders
Required Performance•
1. Provide construction management and engineering oversight during construction
2. Provide a Declaration of Completion to ensure the project is constructed as
designed.
3. Provide record drawings and certify that the project was constructed in
accordance with the construction contract documents.
4 Implement the LID Maintenance Plan upon completion of project construction
Task 5 — Construction (Total Task Cost: $545,596 )
A. The RECIPIENT will submit to the DEPARTMENT's Project Manager a copy of the
construction contract within 30 days of execution.
Required Performance•
1. Award construction contract to retrofit Kiwanis Park and four residential blocks
of 4 and 5 Streets with LID techniques Construction to include porous asphalt
walking paths, porous concrete sidewalks, vegetated roof, stormwater bulb
extensions, traffic circle(s), and separation of three existing storm drains from
sanitary system.
PART V(a). SPECIAL TERMS AND CONDITIONS
A. Adjusted Construction Budget The construction budget, as reflected in the agreement,
will be adjusted once actual construction bids are received. If the low responsive
responsible construct bid(s) exceed the engineer's estimate of construction costs, the
DEPARTMENT may approve, through formal amendment to this AGREEMENT,
funding increases for up to ten percent of the engineer's original estimate.
B Change Orders Change orders that are a significant deviation from the approved
plans /specifications must be submitted in writing for DEPARTMENT review and
approval, prior to execution All other change orders must be approved by the
DEPARTMENT for technical merit and should be submitted within 30 days after
execution. Change orders are to be signed by the contractor, the engineer (if
appropriate), and the RECIPIENT prior to submittal for DEPARTMENT approval
C. Failure to Commence Work In the event the RECIPIENT fails to commence work on the
project within four months of the signatory date, the DEPARTMENT reserves the right to
terminate this agreement.
D. Use of Force Account In the event the RECIPIENT elects to use its own forces to
accomplish eligible project work, the RECIPIENT acknowledges that it has the legal
authority to perform the work, adequate and technically qualified staff to perform the
work without compromising other government functions.
9
PART VI. ALL WRITINGS CONTAINED HEREIN
The following contain the entire understanding between the parties, and there are no other
understandings or representations other than as set forth, or incorporated by reference, herein
• This agreement
• Attachment I: General Project Management Requirements for the Centennial Clean Water
Program and the Federal Clean Water Act Section 319 Nonpoint Source Fund
• Attachment II: General Terms and Conditions
• The effective edition, at the signing of this agreement, of the DEPARTMENT's
"Administrative Requirements for Ecology Grants and Loans"
• The associated funding guidelines that correspond to the fiscal year in which the project is
funded
• The applicable statutes and regulations
No subsequent modifications or amendments of this agreement will be of any force or effect
unless signed by authorized representatives of the RECIPIENT and the DEPARTMENT and
made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the
DEPARTMENT may redistribute the grant budget The DEPARTMENT or the RECIPIENT
may change their respective staff contacts without the concurrence of either party.
The RECIPIENT acknowledges that they have had the opportunity to thoroughly review the
terms of this agreement, the attachments, all incorporated or referenced documents, as well as all
applicable statutes, rules, and guidelines mentioned in this agreement.
IN WITNESS WHEREOF, the parties hereby execute this agreement:
STATE OF WASHINGTON CITY OF BREMERTON
DEPARTMENT OF ECOLOGY
KELLY SUSEWIND P.E , P.G. DATE WYN BIRKENTHAL DATE
WATER QUALITY PROGRAM PARKS DIRECTOR
MANAGER
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ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR
THE CENTENNIAL CLEAN WATER PROGRAM AND THE FEDERAL CLEAN
WATER ACT SECTION 319 NONPOINT SOURCE FUND
ARCHEOLOGICAL AND CULTURAL RESOURCES
The RECIPIENT must comply with all requirements listed in Executive Order 05 -05 prior to
implementing any project that involves disturbing soil Compliance includes coordinating with
the Department of Historic and Archeological Preservation and affected tribes Executive Order
05 -05 is found at
http / /www dahp wa gov/ pages/ EnvironmentalReview /documents/EO05 05.pdf
The Department of Historic and Archeological Preservation has provided guidance to initiate the
0505 process that can be accessed online at
http / /www.dahp wa gov/ pages /Documents/EnvironmentalReview htm and
http / /www.dahp wa goy/pages/EnvironmentalReview /documents /eo0505Guidance 000 pdf
EDUCATION AND OUTREACH
Before producing any new materials for the purpose of education and outreach the RECIPIENT
must make sure similar materials do not already exist elsewhere If similar materials exist, the
RECIPIENT must request the use of the materials before time and resources are invested to
duplicate materials that are already available.
The RECIPIENT must provide the DEPARTMENT up to two copies and an electronic copy on
CD -ROM of any tangible educational products developed under this grant, such as brochures,
manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or
gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT
must provide a complete description including photographs or printouts of the product
The RECIPIENT must also supply the DEPARTMENT with the names and contact information
of local project leads
If there are a significant number of people in the community that speak languages other than
English, the RECIPIENT must produce all pamphlets, fliers, meeting notices, reports, and other
educational and public outreach materials in English and in the other prevalent language
FUNDING RECOGNITION
The RECIPIENT must inform the public about DEPARTMENT or EPA funding participation in
this project through the use of project signs, acknowledgement in published materials, reports,
the news media, or other public announcements. Projects addressing site - specific locations must
utilize appropriately sized and weather- resistant signs Sign logos are available from the
DEPARTMENT upon request
11
INCREASED OVERSIGHT
If this project is selected for increased oversight (as indicated on page 3 of tlus agreement), the
RECIPIENT must submit all backup documentation with each payment request submittal In
addition, the DEPARTMENT's Project Manager must establish a schedule for additional site
visits to provide technical assistance to the RECIPIENT and verify progress or payment
information.
INDIRECT RATE
To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent
based on employees' direct salary and benefit costs incurred while conducting project - related
work. The DEPARTMENT's Financial Manager may require a list of items included in the
indirect rate at any time.
MATCHING REQUIREMENTS
Cash Match Requirement If grant funds awarded are more than $250,000, the RECIPIENT
share for the project must be entirely in the form of cash or interlocal contributions.
If grant funds awarded are $250,000 or less, any combination of cash, interlocal, or in -kind
match is allowed
Stormwater hardship grants require cash match only.
Interlocal Match Requirement The RECIPIENT certifies by signing this agreement that all
negotiated interlocal agreements are consistent with all of the following.
• Terms of this grant agreement
• The edition of "Administrative Requirements for Ecology Grants and Loans" that is
effective at the signing of this agreement.
• Chapter 39.34 RCW Interlocal Cooperation Act
MINORTrY AND WOMEN'S BUSINESS PARTICIPATION
The RECIPIENT agrees to solicit and recruit, to the extent possible, certified minority -owned
(MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the
effective date of this agreement.
Contract awards or rejections cannot be made based on MBE or WBE participation M/WBE
participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons
submitting qualifications should take the following steps, when possible, in any procurement
initiated after the effective date of this agreement -
a) Include qualified minority and women's businesses on solicitation lists.
b) Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
12
c) Divide the total requirements, when economically feasible, into smaller tasks or
quantities, to permit maximum participation by qualified minority and women's
businesses.
d) Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses
e) Use the services and assistance of the State Office of Minority and Women's Business
Enterprises ( OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
The RECIPIENT must report to the DEPARTMENT at the time of submitting each invoice, on
forms provided by the DEPARTMENT, payments made to qualified firms. Please include the
following information:
a) Name and state OMWBE certification number (if available) of any qualified firm
receiving funds under the invoice, including any sub -and/or sub - subcontractors.
b) The total dollar amount paid to qualified firms under this invoice.
PAYMENT REQUEST SUBNdrmm
Frequency The RECIPIENT must submit payment requests at least quarterly but no more often
than monthly, unless allowed by the DEPARTMENT's Financial Manager. The
DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment
requests to ensure efficient and timely use of funds.
Supporting Documentation The RECIPIENT must submit all payment request vouchers and
supportive documentation to the DEPARTMENT's Financial Manager. Payment request
voucher submittals are based on match requirements found in the budget
Required Forms
AU Match Combination Cash Only Match Where Applicable
Form A19 -lA (original signature) Form A19 -lA (original signature) Form E (ECY 060 -12)
Form B1 (ECY 060 -3) Form B2 (ECY 060 -7) Form F (ECY 060 -13)
Form C 1 (ECY 060 -8) Form C2 (ECY 060 -9) Form H (F -21)
Form D (ECY 060 -11) Form D (ECY 060 -11) Form I (ECY 060 -15)
Reporting_ eligible costs The RECIPIENT must report all eligible costs incurred on the project,
regardless of the source of fiindmg for those costs. This includes costs used as match All
eligible and ineligible project costs must be separate and identifiable
Reimbursements Payments will be made on a cost - reimbursable basis.
13
POST PROJECT ASSESSMENT
The RECIPIENT agrees to submit a brief survey regarding the key project results or water
quality project outcomes and the status of long -term environmental results or goals from the
project three years after project completion.
The DEPARTMENT's Water Quality Program Performance Measures Lead will contact the
RECIPIENT before the Post Project Assessment date to request this data
The DEPARTMENT may also conduct site interviews and inspections, and may otherwise
evaluate the Project, as part of this assessment.
PROCUREMENT
The RECIPIENT certifies by signing this agreement that all applicable requirements have been
satisfied in the procurement of any professional services
PROGRESS REPORTS
The RECIPIENT must submit quarterly progress reports to the DEPARTMENT's Financial
Manger and Project Manager. Payment requests will not be processed without a progress report
Reporting Periods
• January 1 through March 31
• April 1 through June 30
• July 1 through September 30
• October 1 through December 31
Reporting Due Date Quarterly progress reports are due 15 days following the end of the quarter.
Report Content At a minimum, all progress reports must contain a comparison of actual
accomplishments to the objectives established for the period, the reasons for delay if established
objectives were not met, analysis and explanation of any cost overruns, and any additional
pertinent information specified in this agreement.
REQUIRED DOCUMENT SUBMITTALS
The RECIPIENT must submit the following documents to the DEPARTMENT as requested by
the DEPARTMENT's Project Manager or Financial Manager
• Draft project completion reports — up to 3 copies
• Electronic copy of final project completion report —1 copy
• Final project completion reports — up to 8 copies
• Final project completion reports of statewide significance — up to 50 copies
• Educational products developed under this agreement — up to 2 copies
• Documents that require DEPARTMENT Approval — 2 copies (one for the
DEPARTMENT and one for the RECIPIENT)
14
• Interlocal agreements —1 copy for the DEPARTMENT's Financial Manager
• Professional services procurement agreements —1 copy to the DEPARTMENT's
Financial Manager
Additional Required Document Submittals for the Federal Clean Water Act Section 319 Funded
Projects and Centennial projects used by the DEPARTMENT to satisfy its Section 319 matching
requirement
• Federal Clean Water Act Section 319 Grant Data Reporting Form —1 copy to
DEPARTMENT's Financial Manager during the first quarter following the effective date
of the agreement
• Federal Clean Water Act Section 319 Grant Load Reductions Reporting Form —1 copy
to the DEPARTMENT's Financial Manager by January 15 of each year
15
ATTACHMENT II: GENERAL TERMS AND CONDITIONS PERTAINING TO
GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY
A. RECIPIENT PERFORMANCE
All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT
and RECIPIENT's employees The RECIPIENT shall only use contractor /consultant assistance if
that has been included in the agreement's final scope of work and budget.
B. SUBGRANTEEXONTRACTOR COMPLIANCE
The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and
conditions of this agreement
C. THIRD PARTY BENEFICIARY
The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to
this agreement, the state of Washington is named as an express third -party beneficiary of such
subcontracts with full rights as such.
D. CONTRACTING FOR SERVICES (BIDDING)
Contracts for construction, purchase of equipment and professional architectural and engineering
services shall be awarded through a competitive process, if required by State law. RECIPIENT
shall retain copies of all bids received and contracts awarded, for inspection and use by the
DEPARTMENT.
E. ASSIGNMENTS
No right or claim of the RECIPIENT arising under this agreement shall be transferred or
assigned by the RECIPIENT
F. COMPLIANCE WITH ALL LAWS
7. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders,
regulations and permits Prior to commencement of any construction, the RECIPIENT shall
secure the necessary approvals and permits required by authorities having jurisdiction over
the project, provide assurance to the DEPARTMENT that all approvals and permits have
been secured, and make copies available to the DEPARTMENT upon request.
8. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal
and State laws, regulations, and policies against discrimination The RECIPIENT further
agrees to affirmatively support the program of the Office of Minority and Women's Business
Enterprises to the maximum extent possible. If the agreement is federally- funded, the
RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to
women or minority owned businesses
9. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect wages
and job safety
16
10 Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall have the right to immediately terminate this agreement for cause as
provided in Section K 1, herem
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise
involved in this project to give up any part of the compensation to which he /she is otherwise
entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
agreement Such records shall clearly indicate total receipts and expenditures by fund source
and task or object. All grant/loan records shall be kept in a manner which provides an audit
trail for all expenditures. All records shall be kept in a common file to facilitate audits and
inspections
Engineering documentation and field inspection reports of all construction work
accomplished under this agreement shall be maintained by the RECIPIENT.
2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any
duly authorized audit representative of the State of Washington for a period of at least three
years after the final grant payment/loan repayment or any dispute resolution hereunder. If any
such audits identify discrepancies in the financial records, the RECIPIENT shall provide
clarification and/or make adjustments accordingly.
3. All work performed under this agreement and any equipment purchased, shall be made
available to the DEPARTMENT and to any authorized state, federal or local representative
for inspection at any time during the course of this agreement and for at least three years
following grant/loan termination or dispute resolution hereunder
4. RECIPIENT shall meet the provisions in OMB Circular A -133 (Audits of States, Local
Governments & Non Profit Organizations), including the compliance Supplement to OMB
Circular A -133, if the RECIPIENT expends $500,000 or more in a year in Federal funds. The
$500,000 threshold for each year is a cumulative total of all federal funding from all sources
The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response
and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date
of the audit report.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment
request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also
report in writing to the DEPARTMENT any problems, delays or adverse conditions which will
materially affect their ability to meet project objectives or time schedules. This disclosure shall
be accompanied by a statement of the action taken or proposed and any assistance needed from
I
the DEPARTMENT to resolve the situation. Payments may be withheld if required progress
reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31,
17
April 1 through June 30, July 1 through September 30, and October 1 through December 31.
Reports shall be due within thirty (30) days following the end of the quarter being reported
J. COMPENSATION
1. Method of compensation Payment shall normally be made on a reimbursable basis as
specified in the grant agreement and no more often than once per month Each request for
payment will be submitted by the RECIPIENT on State voucher request forms provided by
the DEPARTMENT along with documentation of the expenses Payments shall be made for
each task/phase of the project, or portion thereof, as set out in the Scope of Work when
completed by the RECIPIENT and approved as satisfactory by the Project Officer The
payment request form and supportive documents must itemize all allowable costs by major
elements as described in the Scope of Work.
Instructions for submitting the payment requests are found in "Administrative Requirements
for Ecology Grants and Loans ", part IV, published by the DEPARTMENT A copy of this
document shall be furnished to the RECIPIENT When payment requests are approved by the
DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment
requests shall be submitted to the DEPARTMENT and directed to the Project Officer
assigned to administer this agreement.
2. Period of Compensation. Payments shall only be made for actions of the RECIPIENT
pursuant to the grant/loan agreement and performed after the effective date and prior to the
expiration date of this agreement, unless those dates are specifically modified in writing as
provided herein
3. Final Request(s) for Payment. The RECIPIENT should submit final requests for
compensation within forty -five (45) days after the expiration date of this agreement and
within fifteen (15) days after the end of a fiscal biennium Failure to comply may result in
delayed reimbursement
4. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten
percent (10 %) of each reimbursement payment as security for the RECIPIENT's
performance. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when
the project(s) described herein, or a portion thereof, have been completed if, in the
DEPARTMENT's sole discretion, such payment is reasonable and approved according to this
agreement and, as appropriate, upon completion of an audit as specified under section J.6
herein.
5. Unauthorized Expenditures All payments to the RECIPIENT may be subject to final audit by
the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be
refunded to the DEPARTMENT by the RECIPIENT.
6. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT
or other public entities, it shall not exceed the amount allowed under state law for state
employees.
7. Overhead Costs No reimbursement for overhead costs shall be allowed unless provided for
in the Scope of Work hereunder.
18
K. TERMINATION
1 For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In
the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to
perform any obligation required of it by this agreement, the DEPARTMENT may refuse to
pay any further funds there under and/or terminate this agreement by giving written notice of
termination.
A written notice of termination shall be given at least five working days prior to the effective
date of termination. In that event, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the
RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become
Department property and the RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of
Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT
may withhold payments for the purpose of setoff until such time as the exact amount of
damages due the DEPARTMENT from the RECIPIENT is determined.
2. Insufficient Funds The obligation of the DEPARTMENT to make payments is contingent on
the availability of state and federal funds through legislative appropriation and state
allotment. When this agreement crosses over state fiscal years the obligation of the
DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year.
The failure to appropriate or allot such funds shall be good cause to terminate this agreement
as provided in paragraph K.I above.
When this agreement crosses the RECIPIENT's fiscal year, the obligation of the RECIPIENT
to continue or complete the project described herein shall be contingent upon appropriation of
funds by the RECIPIENT's governing body, provided, however, that nothing contained
herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to
the RECIPIENT in accordance with Section O herein
3 Failure to Commence Work In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this agreement, or by any
date agreed upon in writing for commencement of work, the DEPARTMENT reserves the
right to terminate this agreement
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default Waiver of a breach
of any provision of this agreement is not a waiver of any subsequent breach and will not be
construed as a modification of the terms of this agreement unless stated as such in writing by the
authorized representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same but the
19
DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce,
publish, recover or otherwise use the material(s) or property and to authorize others to use the
same for federal, state or local government purposes Where federal funding is involved, the
federal government may have a proprietary interest in patent rights to any inventions that are
developed by the RECIPIENT as provided in 35 U.S.C. 200 -212
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish
information of the DEPARTMENT, present papers, lectures, or seminars involving
information supplied by the DEPARTMENT, use logos, reports, maps or other data, in
printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the
DEPARTMENT
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans ", Part V, shall control the use and disposition of
all real and personal property purchased wholly or in part with funds furnished by the
DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the
contrary or upon specific instructions with respect thereto in the Scope of Work.
4 Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it shall be
returned to the B -4 DEPARTMENT prior to final payment by the DEPARTMENT. If said
property is lost, stolen or damaged while in the RECIPIENT's possession, the
DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair
market value of such property.
5. Acquisition Projects. The following provisions shall apply if the project covered by this
agreement includes funds for the acquisition of land or facilities.
a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT
shall establish that the cost of land/or facilities is fair and reasonable.
b The RECIPIENT shall provide satisfactory evidence of title or ability to acquire
title for each parcel prior to disbursement of funds provided by this agreement.
Such evidence may include title insurance policies, Torrens certificates, or
abstracts, and attorney's opinions establishing that the land is free from any
impediment, lien, or claim which would impair the uses contemplated by this
agreement.
6 Conversions Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property or facility acquired or
developed pursuant to this agreement to uses other than those for which assistance was
originally approved without prior written approval of the DEPARTMENT. Such approval
may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of
the sale, lease or other conversion or encumbrance which monies granted pursuant to this
agreement bear to the total acquisition, purchase or construction costs of such property.
N. SUSTAINABLE PRODUCTS
In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is
encouraged to implement sustainable practices where and when possible. These practices include
20
use of clean energy, and purchase and use of sustainably produced products (e.g , recycled
paper). For more information, see http•/ /www.ecy.wa.gov /sustainabihty /
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent
upon satisfactory performance of this agreement including the satisfactory completion of the
project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to
perform obligations required of it by this agreement, the RECIPIENT may, at the
DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grant/loan
funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in
the opinion of the DEPARTMENT by such failure to perform Interest shall accrue at the rate of
twelve percent (12 %) per year from the time the DEPARTMENT demands repayment of funds.
If payments have been discontinued by the DEPARTMENT due to insufficient funds as in
Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid
to the
RECIPIENT prior to such termination Any property acquired under this agreement, at the option
of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S
liability to repay monies shall be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this agreement by the
RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the
Project Officer or other designated official to whom the RECIPIENT shall report and be
responsible In the event there is a dispute with regard to the extent and character of the work to
be done, the determination of the Project Officer or other designated official as to the extent and
character of the work to be done shall govern The RECIPIENT shall have the right to appeal
decisions as provided for below
Q. DISPUTES
Except as otherwise provided in this agreement, any dispute concerning a question of fact arising
under this agreement which is not disposed of in writing shall be decided by the Project Officer
or other designated official who shall provide a written statement of decision to the RECIPIENT.
The decision of the Project Officer or other designated official shall be final and conclusive
unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or
otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with
appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be
heard and to offer evidence in support of this appeal The decision of the Director or duly
authorized
representative for the determination of such appeals shall be final and conclusive. Appeals from
the Director's determination shall be brought in the Superior Court of Thurston County. Review
of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the
RECIPIENT shall proceed diligently with the performance of this agreement and in accordance
with the decision rendered
21 .
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this agreement who exercises any
function or responsibility in the review, approval, or carrying out of this agreement, shall
participate in any decision which affects his/her personal interest or the interest of any
corporation, partnership or association in which he /she is, directly or indirectly interested, nor
shall he /she have any personal or pecuniary interest, direct or indirect, in this agreement or the
proceeds thereof
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's
fees, and other costs related to the project described herein, except as provided in the Scope
of Work
2 To the extent that the Constitution and laws of the State of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all
injuries to persons or property arising from the negligent act or omission of that party or that
party's agents or employees arising out of this agreement
T. GOVERNING LAW
This agreement shall be governed by the laws of the State of Washington.
U. SEVERABILITY
If any provision of this agreement or any provision of any document incorporated by reference
shall be held invalid, such invalidity shall not affect the other provisions of this agreement which
can be given effect without the invalid provision, and to this end the provisions of this agreement
are declared to be severable
V. PRECEDENCE
In the event of inconsistency in this agreement, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order. (a) applicable
Federal and State statutes and regulations; (b) Scope of Work, (c) Special Terms and Conditions;
(d) Any terms incorporated herein by reference including the "Administrative Requirements for
Ecology Grants and Loans "; and (e) the General Terms and Conditions
SS -010 Rev. 04/04
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DATE SUBMITTED January 18, 2011
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 451C
•■ emmmmmemmmmemeemmemmeemmmmmmmmmmmeemmemeeeeemmmmemmmmmmeemmmemmmemeemeamemmemmmmmmeme
SUBJECT: Sidewalk Improvements near Committee Meeting Date February 9, 2011
Prroia Jahr Elementary School, McClain COUNCIL MEETING Date February 16, 2011
Avenue and 31" Street Department Public Works
Presenter Matel
Phone 360 - 473 -5342
SUMMARY: The Puget Sound Regional Co u1c4 I (PSRC) has made available $215,600 in
federal funding to construct sidewalk improvements near A"C'na&rl� hr School consistent with the
Safe Routes to School plan for this school as identified in the Bremerton Non- Motonzed
Transportation Plan This grant requires a local match of $32,900 to match the federal grant
The total cost of the project funding is $248,500. `i h,2 M,6*c4 A- V� a-5 k� n 1 d,42,n-� Pd
a* s w'j CU ( aka Q '6W �-\ C( ( 0 l. '?'4A
ATTACHMENTS 1) PSRC Transportation Improvement Program (TIP) project listing,
2) Local Agency Federal Aid Project Prospectus and 3) Draft Local Agency Agreement
FISCAL IMPACTS: Matching funds are required in the amount of approximately $32,900
APPROVALS:
DEPARTMENT DIRECTOR -
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
COMMITTEE CHAIRG
COUNCIL PRESIDENT CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to approve the grant offer and authorize the Mayor to sign the Prospectus to allow the City to
begin preparation of the Local Agency Agreement for final approval.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
County: Kitsap Appendi A as of the 09-24 Amendment Approved 11/12/10
Jurisdiction: Bremerton
Project Number BRE -10 Title Sidewalk Improvmerds near Ahrman Jarh Elementary McLain Ave and 31st Street
Phase Avmd Ref Ping. Year Obfig. Date Funding Source Federal Fund Statellizal Funds Other Funds Phase Total
P"esign 10.1141TCO-01A 2011 211111 STP(U) $20000 $2,900 s0 522900
consbucam 10.11- KTCO -MB 2011 Will STP(U) $195600 $30000 so 5225800
First Year Programmed 2011 WSDOT PIN Totals $216600 $32,900 $0 $248500
Federal Aid/FTA Grant Number(s)
Functional Gass Not applicable (transit, enhancements Eta) Improvement Type
Location McLain Ave and 31st Street From Mda(n Ave and 31st Street To Shrridan Ave and Stewart Rd
EsL Total Project Cost $242,900 Regionally S49nificant No Environmental Status DNS
Year of Expenditure for EsL Project Cost 2010
MTP Status Exempt MTP Reference(s) NIA
Description
Construct side walk on one side on Mclain Ave for 31st Street to Sheridan Ave and Cum gutter and sidewalk on one side of 31st Street from McLain Ave to Stewart Rd
This pmlect Is aientdied as a safe routes to school In the Bremerton non - motorized transportation plan
11112/10 A- t tU Appendix A Project Descriptions
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Wasitiinigton State Local Agency Federal Aid
Department of 7Yansportation Project Prospectus
Prefix Route
Federal Aid
Pro ect Number -14 Date 1/17/2011
Local Agency WSDOT Federal Employer
Protect Number Use only Tax ID Number 91- 6001231
Agency Federal Program Title
City of Bremerton ❑ 20 205 ❑ Other
Project Title Start Latitude N47D 35' 55" Start Longitude W 122D 37'06'
Sidewalk Improvements near Ahrman Jarh Elementary,
McClain Avenue and 31 st Street End Latitude N47D 35' 55" End Longitude W 122D 37' 06"
Project Termini From To
From To Length of Project Award Type
® Local ❑ Local Forces ❑ State ❑ Railroad
Federal Agency City Number County Number County Name WSDOT Region
® FHWA ❑ Others 115 18 1 Kitsap Olympi Regio
Congressional District Legislative Districts Urban Area Number TMA / MPO / RTPO
6 1 35 1 7 1 PSRC
Total local Agency Phase Start
Phase Estimated Cost Funding Federal Funds Data
Nearest Hundred Dollar) Nearest Hundred Dollar (Nearest Hundred Dollar) Month Year
P E . $ 22 , 900 $2,906 $20,000 5/2011
R/W
Const $225,600 $30,000 $195,600 9/2011
Total $248,500 $32,900 $215,600
Description of Existing Facility t xisU Design and Present Condftion
Roadway Width Number of Lanes
Sidewalk does not exist
Description of Proposed Work
Description of Proposed Work (Attach additional sheet(s) if necessary)
Construct sidewalk on one side of Mclam Ave for 31 st Street to Sheridan Ave, and curb gutter and sidewalk on one side of 31 st
Street from Mclam Ave to Stewart Rd This prQlect is identified as a safe routes to school m the Bremerton Non - motorized
Transportation Plan
Local Agency Contact Person Title Phone
Larry Matel, P E p Engineer 360473 -5342
Mailing Address City State Zip Code
3027 Olympus Drive Bremerton WA 98310
By —
Project Prospectus Approval Approving Authonty
Title Date
DOT Form 140 101 EF Page 1 aJ 3
Revised 712008 8
I
Agency Project Title Date
City of Bremerton I Sidewalk Improvements near Ahrman Jarh 1/17/2011
Type of Proposed Work
Project Type (Check all that Apply) Roadway Width Number of Lanes
® New Construction ❑ Path / Trail ❑ 3 -R
❑ Reconstruction ® Pedestrian / Facilities ❑ 2 -R
❑ Railroad ❑ Parking ❑ Other
❑ Bridge
Geometric Design Data
Descripbon Through Route Crossroad
® Principal Arterial ❑ Principal Arterial
Federal ® Urban ❑ Minor Arterial ❑ Urban ❑ Minor Arterial
Functional ❑ Collector ❑ Collector
❑ Mayor Collector ❑ Major Collector
Classification ❑ Rural ❑ Minor Collector ❑ Rural ❑ Minor Collector
❑ Access Street/Road ❑ Access Street/Road
Terrain ® Flat ❑ Roll ❑ Mountain ❑ Flat ❑ Roll ❑ Mountain
Posted Speed
Design Speed
Existing ADT
Design Year ADT _
Design Year
Design Hourty Volume (DH
Performance of Work
Preliminary Engineering Will Be Performed By Others Agency
City/Consultant 0 % 100 %
Construction Will Be Performed By Contract Agency
Contractor 100 % 0
Environmental Classification
® Final ❑ Preliminary
❑ Class I - Environmental impact Statement (EIS) ® Class II - Categorically Excluded (CE)
❑ Project Involves NEPA/SEPA Section 404 ❑ Projects Requiring Documentation
Interagency Agreement (Documented CE)
❑ Class III - Environmental Assessment (EA)
❑ Project Involves NEPA/SEPA Section 404
Interagency Agreement
Environmental Considerations
DOT Form 140 -101 EF Page 2 of 3
Revised 7/2008 9
Agency Project Title Date
City of Bremerton Sidewalk Improvements near Ahrman Jarh 1/17/2011
Right of Wa
® No Right of Way Required ❑ Right of Way Required
• All construction required by the ❑ No Relocation ❑ Relocation Required
contract can be accomplished
within the existinq right of way
Description of utility Relocation or Adjustments and Existing Major Structures Involved in the Project
None anticipated
FAA Involvement
Is any airport located within 3 2 kilometers (2 miles) of the proposed project? ❑ Yes ® No
Remarks
This project has been reviewed by the legislative body of the administration agency or agencies, or its designee, and
is not inconsistent with the agency's comprehensive plan for community development
Agency City of Bremerton
Date By
Mayor /Chairperson
DOT Form tao -lot EF Page 3 of 3
Revised 7/2008
Ate
state
== Of TnIfisportabon ' DRAFT Local Agency Agreement
Agency City of Bremerton CFDA No. 20.205
(Cab1ag of Federal Do. -nesic Assistance) Address Delaartment of Public Works and Utilities project No.
3027 01) Dnve
Agreement No
Bremerton. Washington 98310 For OSC WSDOT use On ly
The Local Agency has-jug complied or hereb} agreeing to comply, with the terms and conditions set forth to (1) Title 23. U S Code Highways. (2)
the regulations, issued pursuant thereto, (3) Office of Management and Budget Circulars A -102. A -87 and A -133_ (4) the policies and procedures
promulgated by the Washington State Department of Transportation and (5) the federal aid project agreement entered into between the State and
Federal Gowminem relatne to the abose project_ the Washington State Department of3'ransportatron win authorize the Local Agency to proceed on
the project by a separate notification Federal funds which are to be obligated for the project ma} not exceed the amount shown herein on line r,
column 3 without i,wMen authont} by the State subject to the approval of the Federal High% ay Administration All project costs not reimbursed by
the Federal Government shalt be the responsibitiq of the Local Agency
Project Description
Name Sidewalk Improvements near Ahrman 3arh Elementary. McClain Ave and 3 I st Length
Termini
Description of Work
Construct sidewalk on one side of McClain Ave from 31st Street to Sheridan Ave, and curb, gutter and sidewalk on one
side of 31st Street from McClain Ave to Stewart Rd This project is identified as a safe routes to school project in the
Bremerton Non- motormcd Transportation Plan
_ Estim of Fund -
Type of Work Estimated Thal Estimated Agency Estimated
Projw Funds Funds i Federal Funds
PE a Agency _ 22�O 290000 20,000 00
t36 5 °!o b Other -- -- _
� —
Federal Aid c Other --
Participation d State _
Ratio for PE a Total PE Cost Estimate a +b +c+d ) 22-900-00' 2.9 20 000.00
Right of Way f Agency
% g Other R — - - --- - -
FederalAid h Other -- - - f --
Partapation i State
Ratio for RW I Total R/W Cost Estimate f+ +h +i - - -- -- - -- -
Construcbon k Contras _ 22560000 30,000.00 195.600 00
I Other -
m O ther - --
n O
O Agency �
Federal A
Pa tin - -- - _
rtitapation D State —
Ratio for CN Q Total CN Cost Estimate k +i +m +n +o+ 221 600.00 30,000, 1 195 600.00
r. Total Protect Cost Eshmate (e+ + A0 32.900.00( 215 600.00
Agency Official Washington State Department of Transportation
By By
Title M2= C'd*y of Rrem --nnn Director of Highways and Loci pr
Date Executed
DOT Form 144039 EF t
Revised 05100
m n
Construction Method of Financing (check Method Selected) U KAFT
Stage Ad and Award
❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
❑ Method 8 - Withhold from qas tax the Agency's share of total construction cost (line 4, column 21 in the amount of
$ at $ per month for months
Local Force or Local Ad and Award
❑ Method C - Aaencv cost incurred with oarhal reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as
a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set
forth below Adopted by official action on
Resolution /Ordinance No
Provisions
I Scope of Work 1 Preliminary engmeenng
The Agency shall provide all the work, labor, materials, and services 2 Right of way acquisition
necessary to perform the p %sect which is described and set forth in detail in the 3 Project construction
`Project Description" and "Type of Wort. "
When the State acts for and on behalf of the Agency the State shall be In the event that right of way acquisition. or actual construction of the road.
for which pscal )car engineering is undertaken is not started a the closing of
deemed an agent of the Agency and shall perform the services described and the tenth fiscal }ear follow ay flit fiscal year m which the agreement is
indicated in Type of Work on the face of this
agreement m ac,c°rdance with executed, the Agency will repay to the State the sum or sums of federal funds
plans and specifications as proposed by the Agency and approved by the State aid to the
and the Federal Highway Administration P Agency under the terms ofthis agreement (see Section IX)
When the State acts for the Agency but is not subject to the right of control The Agency agrees that all stages of construction necessary to provide the
by the Agency the State shall have the right to perform the work subject to the Initially planned complete facility within the limits of this project will conform
ordinary procedures of the State and Federal Highway Administration to at least the minimum values set by approved statewide design standards
11 Delegation of Authority applicable to this class of highways even though such additional work is
financed without federal aid participation
The State is willing to fulfill the responsibilities to the Federal Government The Agency agrees that on federal aid highway construction projects the
by the administration of this project The Agency agrees that tits State shall current federal aid regulations which apph to liquidated damages relative to
have the full authority to carry out this administration The State shall review the basis of federal participation in the project cost shall be applicable in the
process, and approve documents required for federal aid reimbursement in event the contractor fails to complete the contract within the contract time
accordance with federal requirements If the State advertises and awards the
contract, the State will further act for the Agency in all matters concerning the VI Payment and Partial Reimbursement
project as requested by the Agency if the Local Agency advertises and awards
the project, the State shall review the work to ensure conformity with the The total cost of the project, including dil review and engineering casts and
approved plans and specifications other expenses of the State is to be paid by the Agency and by the Federal
III Project Administration Government Federal funding shall W in accordance with the Federal
Transportation Act as amended and Office of Management and Budget
Certain types of work and services shall be provtded by the State on this circulars A -102 A -87 and A -133 The State shall not be ultimately responsible
project as requested by the Agency and described in the Type of Work above for any of the costs of the project. The Agency shall be ultimately responsible
In addition the State will furnish qualified personnel for the super ision and for all costs associated with the project which are not reimbursed by the
Inspection of the work in progress On Local Agency advertised arid awarded Federal Government Nothing in this agreement shall be construed as a
projects, the supervision and inspection shall be limited to ensuring all work is promise by the State as to the amount or nature of federal participation in this
in conformance with approved plans, specifications and federal aid project
requirements The salary of such engineer or other supemsm and all other The Agency shall bill the state for federal aid project costs incurred in
salaries and costs Incurred by State forces upon the project wall be considered a conformity with applicable federal and state laws The agency shall minimize
cost thereof All costs related to this project incurred by employees of the State the time elapsed between receipt of federal aid funds and subsequent payment
in
costs of the customary stomary manner on highway payrolls and vouchers shall be charged as of incurred costs Expenditures by the Local Agency for maintenance general
project administration, supervision. and other overhead shall not he eligible for federal
IV. Availability of Records Participation unless a current indirect cost plan has been prepared in
accordance with the regulations outlined in the federal Office of Management
All project records in support of all costs incurred and actual expenditures & Budget (OMB) circular A -87 and retained for audit
kept by the Agency are to be maintained in accordance with local government
accounting procedures prescribed by the Washington State Auditor s Office the The State will pay for State incurred costs on the project Following
U S Department of Transportation, and the Washington State Department of payment- the State shall bill the Federal Government for reimbursement of
Transportation The records shal l be open to inspection by the State and Federal those costs eligible for federal participation to the extent that such costs are
Government at all reasonable times and shall be retained and made available for attributable and properiv allocable to this project The State shall bill the
such inspection , for a period of not less than three years from the final payment Agency for that portion of State costs which were not reimbursed by the
of any federal aid Rinds to the Agency Copies of said records shall be Federal Government (see Section 1X)
furnished to the State and/or Federal Government upon request 1 Project Construction Costs
V Compliance with Provisions Project construction financing will be accomplished by one of the three
The Agency shall not incur any federal aid participation costs on any methods as indicated in this agreement
classification of work on this project until authorized in writing by the State for
each classification The classifications of work for projects are
DOT Form 140 -039 EF
Revised 05109 2
DRAFT
Method A — The Agency will place with the State within (20) days after the X Traffic Control, Signing Marking, and Roadway
execution of the construction contract- an advance in the amount of the Maintenance
Agency s share of the total construction cost based on the contract award The
State will notify the Agency of the exact amount to be deposited w ith the State The Agency will not permit an) changes to be made in the provisions for
The State will pay all costs incurred under the contract upon presentation of parking regulations and traffic corttral on this project without prior approval of
progress billings from the contractor Following such payments the State will the State and Federal Highway Admmstraton. The Agency will not install or
submit a billing to the Federal Government for the federal aid partmipation permit to be installed any signs, signals or markings not in conformance with
share of the cost When the project is substantially completed and final actual the standards approved by the Federal highway Administration and MUTCD
costs of the project can be determined, the State will present the Agency with a The Agency will_ at its osvn expense maintam the improvement covered by
final billing showing the amount due the State or the amount due the Agency this agreement
This billing will be cleared by either a payment from the Agency to the State or
by a refund from the State to the Agency XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from
Method B — The Agency's share of the total constriction cost as shown on and shall process and defauf at its own expense all claims demands, or suits
the face of this agreement shall be withheld from its monthly fuel tax wfiether at law or equay brought against the Agency State or Federal
allotments The face of thus agreement establishes the months in which the Government arising from the Agency s execution. performance, or failure to
withholding shall tale place and the exact amount to be withheld each month perform any of the Pro%mom of this agreement, or of any other agreement or
The extent of withholding will be confirmed by letter from the State at the time contract connected with this agreement or ansing by reason of the
of contract award Upon receipt of progress billings from the contractor, the participation of the State or federal Government in the project, PROVIDED,
State will submit such billings to the Federal Government for payment of its nothing herein shall require the Agency to reimburse the State or the Federal
participating portlon of such billings Government for damages arising out of bodily injury to persons or damage to
property caused b) or resulting from the sole negligence: of the Federal
Method C — The Agency may submit vouchers to the State in the format Government or the State_
prescribed by the State in duplicate, not more than once per month for those XII. Nondiscrimination Provision
costs eligible for Federal participation to the extent that such costs are directly No liability shall attach to the State or Federal Government ev t
attributable and properly allocable to this project Expenditures b) ex t Local testy pr shat herein � as
Agency for maintenance, general administration supervision and other P P
overhead shall not be eligible for Federal participation unless claimed under a The Agency shall not discriminate on the basis of race color, national
previously approved indirect cost plan origin or sex in the award and performance of any USDOT - assisted contract
The State shall reimburse the Agency for the Federal share of eligible project and/or agreement or in the admmtstraiian of its DBE program or the
costs up to the amount shown on the face of this agreement At the time of requirements of 49 CFR Pan 26 The Agency shall tale all necessary and
audit, the Agency will provide documentatton of all costs Incurred on the reasonable steps under 49 CFR Pan 26 to ensure nondiscrimination in the
project award and admmisuauon of USDOT- assisted contracts and agreements The
The State shall bill the Agency for all costs incurred by the State relative to WSDOT s DBE program as required by 49 CFR Pan 26 and as approved b)
the project The State shall also bill the Agency for the federal funds paid by the thSllOT s incorporated by reference m lute a Carr) Implerms shall of
State to the en for p costs which are sub this warn r l a legal obliga and fa o cart out its teens shall ire
Agency subsequently determined to be treated as a vualatron of tins meet Upon notification to the
agree po Agency of
ineligible for federal participation (see Section IX)
failure to carry out its approved program the Department may impose se
VII Audit of Federal Consultant Contracts sanctions as provided for under Part 26 and may, in appropriate comes, refer the
:natter for enforcement under i8 U S C 1001 and/or the Program Fraud Civil
The Agency if services of a consultant are required shall be responsible for Remedies Act of 1986 (31 U S C 3801 et seq )
audit of the consultant s records to determine eligible federal aid costs on the
project The report of said audit shall be in the Agency s files and made The Agency hereby agrees that it will incorporate or cause to be
available to the State and the Federal Government incorporated into any contract for construction work, or modification thereof,
as defined in the rules and regulations of the Secretary of Labor in 41 CFR
An audit shall be conducted by the WSDO1 Internal Audit Office in Chapter 60 which is paid for in ettole or in part with funds obtained from the
accordance with generally accepted governmental auditing standards as issued Federal Government or borrowed on the credit of the Federal Government
by the United States General Accounting Office by the Comptroller General of pursuant to a grant. contract. loan insurance, or guarantee or understanding
the United States WSDOT Manual M 27 -50 Consultant Authorization pursuant to any federal program mvolving such grant, contract, toan, insurance
Selection, and Agreement Administration memoranda of understanding or guarantee, the required contract provisions for Federal-Aid Contracts
between WSDOT and FHWA, and Office of Management and Budget Circular (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines
A -133
If upon audit it is found that overpayment or participation of federal money Me Agency further agrees that it will be bound by the above equal
in ineligible items of cost has occurred the Agency shall reimburse the State for opportunity clause with respect to its own employment practices when it
the amount of such overpayment or eNcess participation (sec Section IX) participates in federally assisted construction work Provided that if the
applicant so participating is a State or Local Government the above equal
VIII Single Audit Act opportunity clause is not applicable to any agency instrumentality, or
subdivision of such government which does rot participate in work on or under
The Agency as a subrecipient of federal funds, shall adhere to the federal the contraci
Office of Management and Budget (OMB) Circular A -133 as well as all The Agency also agrees
applicable federal and state statutes and regulations A subrecipient who
expends $500,000 or more to federal awards from all sources during a given (1) To asstst and cooperate actively with the State in obtaining the
fiscal year shall have a single or program - specific audit performed for that year compliance of contractors and subcontractors with the equal opportunity clause
in accordance with the provisions of Oti1B Circular A -133 Upon conclusion of and rules regulauons and rein-ant orders of the Secretary of Labor
the A -133 audit, the Agency shall be responsible for ensuring that a copy of the (2) To furnish the Stwe such information as it may require for the
report is transmitted promptly to the State supervision of such compliance and that it will otherwise assist the State in the
IX Payment of Billing discharge of its pnman responsibility for securing compliance
The Agency agrees that if payment or arrangement for payment of any of the (3) To refrain from entenng into arq contract or contract modification
State's billing relative to the project (e g State force work project cancellation, subject to Executive Order 11246 of September 24, 1%5 with a contractor
debatrrd Croat or who has not demonstrated eligibility far, government
overpayment, cost ineligible for federal participation etc) is not made to the
State within 45 days after the Agency has been billed the Stan shall effect contracts and federally assured construction contracts pursuant to the
reimbursement of the total sum due from the re Executive Order
allotments to the Agency from the Motor Vehicle Fund additional Federal ( To
carry out such sanctions and penaltue:s for violation of the equal
project funding will be approved until full payment is recent unless otherwise opportunity clause as ma) be imposed upon contractors and subcontractors by
directed the Director of Highways and Local Programs the State, Federal Highway Admmustranon. or the Secretary of Labor pursuant
to Part 11 subpart D of the Fxecuire Order
DOT Form 140-039 EF
Revised 05109 3
DRAFT
In addition, the Agenc) agrees that if it fails or refuses to compiti with these XV. Venue for Claims and/or Causes of Action
undertakings, the State may take any or all of the following actions For the convenience of the parties to this contract, it is agreed that anv
(a) Cancel, terminate, or suspend this agreement in whole or in part claims and/or causes of action which the Local Agency has against the State of
(b) Retrain from evtend►ng any further assistance to the Agency under the Washington, growing out of this contract or the project with which it is
concerned shall be brought only in the Superior Court for Thurston CCounty program with respect to which the failure or refusal occurred witd satisfactory
assurance of future compliance has been received from the Agency_ and XV1. Certification Regarding the Restrictions of the Use
(cl Refer the case to the Department of Justice for appropriate legal of Federal Funds for Lobbying
proceedings [be approving authority certifies to the best of his or her knowledge and
belief, that
XHL Liquidated Damages (t No federal appropriated funds have been paid or will be paid by or on
The Agency hereby agrees that the liquidated damages provisions of 23 CFR behalf of the undersigned to any person for influencing or attempting to
Part e A Subpart 1 y re supplemented relative to the amount of Federal influence an officer or employee of any federal agency, a member of Congress
an coiner or employee of Congress or an employee
partictpation in the project cost shall be applicable in the event the. contractor o tr a member Congress
fails to complete the contract within the contract time Failure to include federal connection with the awarding deral grant the making of any y any federal contract the making of any
liquidated damages provision will not relieve the Agency from reduction of fe federal loan, the entering into of any
federal participation in accordance with this paragraph cooperative agreement, and the extension continuation, renewal, amendment,
or modification of any federal contract grant, loan, or cooperative agreement
XN. Termination for Public Convenience (2) If any funds other than federal appropriated funds have been paid or will
The Secretary of the Washington State Department of fransportat►on may be paid to any person for influencing or attempting to influence an officer or
terminate the contract in whole, or from time to time in part whenever employee of any federal agency, a member of Congress, an officer or employee
(l) The requisite federal funding becomes unavailable through failure of of Congress, or an employee of a member of Congress in connection with this
appropriation or otherwise federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - LLL, 'Disclosure Form to Report
(2) The contractor is prevented from proceeding with the work as a direct Lobbying, in accordance with its instructions
result of an Executive Order of the President with respect to the prosecution of
war or in the interest of national defense or an Executive Order of ft President
or Governor of the State w ith respect to the preservation of energy resources included The undersigned shall Lnts f that the language this certification be
included duded m the award documents for all subawards at all Hers (including
(3) The contractor is prevented from proceeding with the work by reason of coop subgrit ati and
agreemen n wh h� e� un $ 00,000 and that l alll such
a prelurimmy special or permanent restraining order of a court of competent subrecnpients shall cen►fy and disclose accordingly
junsdicuon where the issuance of such order is primarily caused by the acts or This certification is a maternal representation of fact upon which reliance
omissions of persons or agencies other than the contractor was placed when this transaction was made or entered into Submission of this
(4) The Secretary determines that such tertnmmion is in the best interests of certification as a prerequisite for making or entering into this transaction
the State imposed by Section 1352, Title 31 U S Code Any person who fails to file the
required certification shall be subject to a civil penalty of not less than $10 000
dad not more than S100,000 for each such failure
Additional Provisions
DOT Form 140.039 EF
Revised 0510 4
Quarterly Project Tracking Report Form Puget Sound
2010 Regional Council
Jan. Apr. Jui. X Dec.
Agency: Bremerton Project Description: Construct side walk on one side
on McLain Ave for 31st Street to Sheridan Ave; and
Project Title: Sidewalk Improvments near Curti gutter and sidewalk on one side of 31st Street
Ahrman Jarh Elementary. McLain Ave and from McLain Ave to Stewart Rd. This project is
31st Street identified as a safe routes to school in the Bremerton
PSRC ID #• BRE -10 non - motorized transportation plan.
Name: Phone:
Larry Matei 360- 473 -5342
E -Mail: larry matelfti bremerton,wa us
Recent Progress /Current Status -
*Note: Provide dates below for ALL milestones that apply to this project and indicate when satisfied.
TIP Pro ect Development Schedule*
Project Milestones: Scheduled: Attained: Milestone Pro ress be specific .
Obligate PE MN 2111 M/Y
Complete Environmental Requirements M/Y M/Y
Submit Preliminary Plans M/Y M/Y
Preliminary Plans Approved M/Y M/Y
Submit ROW Plans M/Y M/Y
ROW Plans Approved M/Y M/Y
Obligate ROW MN M/Y
ROW Acquisition MN M/Y
Utility Coordination M/Y M/Y
Submit PSBE M/Y MN
PSSE Approved MN M/Y
Obligate CM M!Y 6/11 MN
Ad bate M!Y MN
Unobligated PSRC Funding: Project Cost Summary
Award Year Phase Fed Type Forum Amount Project Cost Summa :
2010 PE STP /U KRCC $20,000 PE
2010 CN STP /U KRCC $195,600 ROW
CN
Total: $242;900
Total Amount of Unobligated PSRC Funding: $2,15,600E
PSRC Comments: Please provide totalt ro ect cost b hale ims" ce rovided_above.
DATE SUBMITTED
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 4 5 F
SUBJECT: Building Lease Agreement Committee Meeting Date �&WW �, 221,0
with Krtsap Regional Library for City COUNCIL MEETING Date P b V-to jfo, D L
Facility at 612 Fifth Street - Department PW &U
Presenter Wayne Hamilton
Phone X5207
SUMMARY: Staff is entering into a new Lease Agreement with the Krtsap Regional Library for the
City Facility at 612 Fifth Street, as described in the Lease Agreement documents, for Two (2) years
from March 1, 2011 to March 1, 2013
ATTACHMENTS: Lease Agreement
FISCAL IMPACTS (Include Budgeted Amount) N/A Non - Monetary Lease
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
MAYOR
COMMITTEE CHAIR
COUNCIL PRESIDENT CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to approve the Lease Agreement with Krtsap Regional Library for City Facility at 612 Fifth
Street for a two (2) year term, beginning March 1, 2011 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
KITSAP REGIONAL LIBRARY
CITY OF BREMERTON
LEASE
This Lease is entered into this 1st day of March, 2011, by and between THE
CITY OF BREMERTON, a Washington municipal corporation ( "City "), and KITSAP
COUNTY RURAL LIBRARY DISTRICT d/b /a Kitsap Regional Library, ( "KRL ") as
follows:
1. PREMISES. City leases to KRL and KRL leases from City upon the terms and
conditions herein that certain space (the "Premises ") containing approximately 4,746 square feet
of net usable floor area, all as shown on Exhibit A attached and incorporated by reference The
Premises constitute a portion of a building (the "Library Facility") located at 612 Fifth Street,
Bremerton, Washington, and situated upon the real property legally described on Exhibit B
attached hereto and incorporated herein by this reference (the "Land ")
2. COMMON AREAS. The common area so identified in Exhibit C shall
constitute common areas available for KRL's non - exclusive use
3. STRUCTURAL CHANGES. Changes to the structure of the Library Facility
will be negotiated and done in partnership so as not to impede or disrupt Library service to the
public as much as possible
4. EFFECTIVE DATE. This Agreement shall become effective when, and only
when, it has been duly executed by both of the Parties This Agreement shall be in effect for two
(2) years from the date written above This Agreement may be renewed each following year by
written agreement of the Parties
5. TERMINATION. This Agreement may be terminated without cause by either
Party on 60 -days written notice prior to the end of the first year or any subsequent annual renewal
of this Agreement
6. RECITALS.
6.1 As owners of the building located at 612 Fifth Street, Bremerton,
Washington, the City has a need for Library Services that can be provided by the Library
District
6.2 The Library District is able to supply staffing, technology, materials,
programming and associated personnel and administrative support to provide the service
The City recognizes that it will benefit from such services as Library District can
provide, and Library District recognizes that it will benefit from providing the service
The City agrees to make the "Library Facility" as shown on Exhibit A ,
Lease between Kitsap Regional Library and City of Bremerton Page 2
available to the Library District, which Library District shall use as a branch library,
without rental expense to the Library District
Subject to the following conditions
(a) Operating Expenses. City shall pay "Operating Expenses"
including any and all costs and expenses directly related to and incurred in
connection with: (1) utilities, including but not limited to heating, electricity,
water, sewer, stormwater, solid waste, recycling and shall further provide all
necessary services for maintenance of the Library Facility, including building
maintenance and landscaping.
(b) IGZL's Share. KRL's "Share of Operating Expenses" shall
be Janitorial Services within the usable floor area All as shown on Exhibit A
attached Library District agrees to notify City of any planned changes, such as
changes in hours that may impact utilities
(c) Collection, Furnishings, Equipment and Fixtures. The
Library collection and all removable fiurnshmgs and equipment, including
shelving, are or will become property of Library District Permanently mounted
fixtures, such as the built -in shelving and the Circulation Desk, will remam part of
the building and, therefore, owned by the City
7. USE OF PREMISES. KRL's use and occupancy of the Premises shall be for
general library uses and for no other business or purpose, without the prior written consent of the
City
7.1 Library Services. Library District agrees to provide Library Services at
its own expense in the Library Facility, including but not limited to, books and materials,
programming, staffing, technology, telephone and data connection costs
7.2 Library Access. Library District will have exclusive access and use of the
main floor of the Library Facility, including meeting rooms and storage areas
See Exhibit A
8. INSURANCE. City agrees to provide adequate insurance to cover loss or
damage to the Library Facility, including fixtures Library District agrees to provide and maintain
adequate comprehensive general liability insurance against liability for injuries to persons and/or
property, as well as adequate insurance to cover loss or damage to the collection, furnishings and
equipment
9. LIBRARY DISTRICT INDEMNIFICATION OF CITY. To the extent
permitted by law, Library District shall defend, indemnify and hold harmless City and its elected
and appointed officers, agents and employees from any and all demands, claims, causes of action,
2
C Documents and Settmgskhns moaner \Local Settings \Temporary Intemet Fdes \0LK129 \Cny of Bremenon Lease 1 2011 doc
Lease between Kitsap Regional Library and City of Bremerton Page 3
losses, damages, liabilities, obligations, remedies, penalties, costs and expenses (including
without limitation, reasonable attorneys' fees) ansmg out of, pertaining to, or in connection with
(a) any acts of omissions of Library District, its successors, assigns or agents, subsequent to the
date of this Agreement with respect to or in relation to the Library Facility or any of the
improvements, equipment or furmshmgs therein or any of the services provided by Library
District pursuant this Agreement, and (b) a breach of any representation or warranty made by
Library District herem
10. NONDISCRIMINATION. Library District agrees not to discriminate in
employment or services to the public on the basis of race, color, national origin, sex, religion,
age, marital status, disability, or sexual orientation except for employment actions based on bona
fide occupational qualification
11. AUTHORITY. The Parties each represent and warrant that they and/or their
undersigned agents have full power and authority to enter into and execute this Agreement, and
that the execution, delivery and performance by the Parties of this Agreement and the related
documents is not in conflict with any law, rule, regulation, writ, judgment or mjunction
12. BINDING AGREEMENT This Agreement shall be binding upon and mure to
the benefit of the successors, assigns, trustees, receivers, personal representatives, legatees and
devisees of the Parties Except as set forth herem, no person, organization or association other
than Library District and City shall have any rights or claims under this Agreement
13. ENTIRE AGREEMENT. This Agreement embodies the entire agreement and
understanding between the Parties and supersedes all prior agreements and understandings
related to the subject matter hereof
14. COUNSEL'S ADVICE. The Parties represent that they have reviewed the terms
of this Agreement with their attorney, that they are authorized to enter into this Agreement, and
the Agreement is executed freely and voluntarily as of the date hereof
15. JURISDICTION AND VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington The Krtsap County Superior
Court shall have jurisdiction and venue of any action or proceeding arising out of or related to the
negotiation, execution, performance, breach or the enforcement of this Agreement
16. COUNTERPART SIGNATURES. This Agreement may be executed in several
counterparts, which when taken together shall constitute one original Agreement A facsimile
signature shall be deemed an original signature for all purposes
(The remainder of this page left intentionally blank. Signature page to follow.)
C Documents and Semmes chns nx nnet Locnl Settings Temporin Internet Files 01 61'_9 Cm of 6remennn Lerse 1 2011 doc
Lease between Krtsap Regional Library and City of Bremerton Page 4
IN WITNESS WHEREOF, the parties hereto have duly executed and delivered this
Agreement as of the date first above written
KITSAP COUNTY CITY OF BREMERTON
RURAL LIBRARY DISTRICT
(dba Kitsap Regional Library — KRL)
Jill Jean, Library Director Patty Lent, Mayor
Date Signed: Date Signed
4
L Dpenmenls ind Seines chns manner I tit al Scumgs Temp ran Imernei ides OWN Cot of 6rcnnnon I_e -ise I ]pI I doc
EXHIBIT "A"
City of Bremerton EXHIBIT `B"
Library Facility
612 Fifth Street
Bremerton, WA 98337
Kitsap County Assessor's Tax Description
BREMERTON
BLK 016 LOT 12 E 1OFT BLK 016 LOT 13 TO 16
EXHIBIT "C"
=lm
DATE SUBMITTED Jan 3` 2011 `
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
■■ eeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeee eeeeeee �
SUBJECT: Vacation of Recreational Committee Meeting Date T°„oi 1 ��bYtita q
Easement at Frances Haddon Morgan Center COUNCIL MEETING Date t � - - � � �(o
Department Parks and Recreation
Presenter Wyn Birkenthal
Phone 473 -5752
SUMMARY: The State of Washington has requested that Bremerton release its interest in a
recreational and athletic easement on the southeast portion of the Frances Haddon Morgan Center
property in the vicinity of Forest Ridge Park Th _e asement was granted by the State of Washington to
both the Bremerton School District and the Cit, 144980 and to date has not been used by either party
The Bremerton School District released its interest in this easement in December of 2009
On December 14 the Bremerton Parks Commission voted (6 in favor, 1 opposed) to recommend
vacation the easement
ATTACHMENTS: 1) Site Plan
2) Easement Description
3) Release of Easement
4) PahKs tom w� i ss ;�r� �e e-h1�►� n�; Kees - D e -CO"°' 14 2-01
FISCAL IMPACTS (Include Budgeted Amount).
No Fiscal Impact
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR-
MAYOR
COMMITTEE CHAIR
COUNCIL PRESIDENT CONSENT AGENDA ❑
GENERAL BUSINESS
PUBLIC HEARING
RECOMMENDED MOTION:
I move to release the recreational and athletic easement granted by the State of Washington on a
portion of the Frances Haddon Morgan Center in the vicinity of Forest Ridge Park
COUNCII. ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
i • � i ■ ' t i 1
A f
ELECT iC
EASEMAT '
PUGET
SOUND
-LIGHT i �
/ �1'I A T ER L1 N E
Ac. -. if EASEIVEN T
JT:I;i17 ul,j c + O'
�� ) 6 I
BREMERTON -
PK;
RECREATIONAL
! F r r. - • f1
,. EASEMENT4 t G
CITY-O
'BREMERTON & �• i 1 .
$RE IE , ,TON
{
SCFt00l
4 ' = DISTRICT
J Of
�•..- i l - ' , ifs I #����- � o
.1 ' 7 - i 1 1 !' 1 11 1' 1 IJ '. 11 'li''7' : i' II .',.7. '1 7 •1 7 i 111.;
EASEMENT f t
THE GRANTOR, State of Washington. Department of Social and
us Health Services acting through the Department of General Ad:oinistration
M for and in consideration of the suss of TEN DOLLARS t ;10.00) and other
O
O mutual and offsetting benefits, the receipt of which is hereby ackrow-
t j ledged, does
by these presents grant, bargain, convey and confirm unto
Q
C► the GRANTEE, the Bremerton School District and /or the City of Bremerton,
an
an easement for recreational and athletic sports use upon the fol�owinq
describod property aituaLa in Kitnap County, waahington, particularly
described as follows:
A portion of the Eaat 1/2 of the SW 1/4 of the SW 1/4
of- the- SE -1/4 of Section 15, T24N, RIE, W.M., des-
cribed ae follows:
ira Its Beg at the 0 S 1/4 corner of Section 15, T244, RIE, W. M.;
+ 4 w } i inr�lEni2tt v + uw , rut S ni.6Q�t t U&4-* Z" c bive1 /4
w of the SE 1/4; thence S 83 56'05" E, 331.84 feet to the
w NW Corner of the East 1/2 of said SW 114 and the true
point of beginning;
Thenge continuing along the north ling of said Sw 1/4,
S 88 56'05" E, 04.87 £t.; thence S 8 39 w t79.44
ft; thence N 8R s6' 04" W, 84.18 it., t h. � rr• •1
L, 4 ?5.25 ft. to the true point of beginning.
In the event that said property is no longer used by the GRANT" for
recreational and athletic sports use; then this easement coverinq the
above described property shall immodiatcli and without need for re-
conveyance or any other action automatically revert to the rRAIMR.
STAVE OF WASHINGTON
rspprovel as to h,rin Department of bocial and Health Services
y
Acting through the
J Department of r-wnrral Administration
...�+..a tawrnw Cwarai
SY
Senior Assistant Direct-or
STATE OF WASHINGTON,)
COUNTY OF THURSTON ) as-
1, the undersigned, a Nota Public, do hereby certify that
on this / �} day of �, 19 ,f,*_. personally .104 appeared eb o e "iae SYY . Yulw�er , nior Assistant Director,
Department of General Adis Istrat on, State of Vashington, to re known
to be the .individual described in and who executed the within instru-
wont, and acknowledged that he signed and sealed the same as his free
and voluntary act and deed, for the purposes and uses therein mentioned,
and on oath stated that he was duly authorized to execute said easement.
Given unlc_r m,, I' and anti oEf :cial seal this _j day e f
i• ". r i
REQ. OF Votary P +ihl t c in an t he grate of
wuult- - _1 - - - --
1 b< L- L , tur•F
KITW LVW&ii AUM04
OFFn
i
SW 1 /4, S E 1/ of SEC. 15 TV 24 N., 46 1 L M.
K I T S A P = PM. WASHINGTON E
'\/ S[T f4CM wLtu1 M
Q ( � � 4 4 � J + c� o o+ + 1e« n
-4 `4r
� -- , .-- -- _ _. ..
' 5 15 x 22
M O N T G O M E R Y _ AVE NUE OOa
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p I b',1 •faNOa[S faT a fi/4a N i�w
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b � ' • nAS+le t a e4r
S _ CNARLESmN_ �' ' PARCEL
t Pae Paacu A
txlSfl ?JG BU1Lr3(r,G SITE fb 604' E di
` I I
r v tats SLATE OF WASHINGTON e 47g qI m `•J w M
e t DEPARIMENT OF INSTITUTJONS a sS i
e N W 14 SW 14 SE 1 4 4aw[ z ( a o r
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e t B a•a 4
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s „� 5P4 Z J
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N
ooz + -� 1 HREMERTCV SCHOOL O
rnrm �1 T f•a'JN –'VF 111 I ..z i DISTRICT NO 100
t I
e ' Ot1Vt 1 NOR1M Leo op Stt.t/A &.V4 t i
$t VA ftC TIC" tS 1
t , t
/ sbNt 0. etawww. N I ' IV 638 or
06 _ �' .`!00'x'
Mw coe4wv4 fwl /• 111110, Ste is ` w r tt Trf Ia3e tt 22 1
"X1,11) eION IrrPtw' t eso e[maot MARION 4 J E N U E fMrr y4 cO�tt ( I
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1 14110 , 104 1611W se_
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After recording return document to-
Department of Social and Health Services
Lands and Buildings Division
Steve Lyle, Contracts Consultant
P O Box 45848
Olympia, WA 98504 -5848
Document Title: Release of Easement
Grantor: State of Washington, Department of Social and Health Services
Grantee: Bremerton School District and/or the City of Bremerton
Legal Description: A portion of Section 15, Township 24N, Range 1E
Assessor's Tax Parcel Number: 152401 -4 -020
RELEASE OF EASEMENT
WHEREAS, The GRANTOR, State of Washington, Department of Social and Health
Services, granted an easement to the GRANTEE, Bremerton School District and/or the City of
Bremerton on February 1, 1980, and recorded by the Kitsap County Auditor on February 13,
1980, Recording #8002140035.
WHEREAS, the easement is for recreational and athletic sports use upon the following described
property in Kitsap County.
A portion of the East %2 of the SW %4 of the SW %a of the SE' /4 of Section 15, T24N, R1E, W M ,
described as follows
Beginning at the S '/4 corner of Section 15, T24N, ME, W M, thence N 1'22'19" E, 667 68 ft.
along the center section line to the NW Corner of the SW K of the SW '/4 of the SE 1 /4; thence S
88 0 56'05" E, 331 84 feet to the NW Corner of the East %Z of said SW %4 and the true point of
beginning,
Thence continuing along the north line of said SW %4, S 88 °56'05" E, 104 87 Ft; thence S
8 0 39'09" W 479 44 ft; thence N 88 °56'05" W, 44.18 ft, thence N 1 °22'47" E, 475 25 ft to the
true point of beginning.
WHEREAS, the easement states. "In the event that said property is no longer used by the
GRANTEE for recreational and athletic sports use, then this easement covering the above
described property shall immediately and without need for reconveyance or any other action
automatically revert to the GRANTOR "
WHEREAS, the GRANTEE is no longer using the easement property for recreational and
athletic use
NOW, THEREFORE, the GRANTEE hereby releases all interest in the easement to the
GRANTOR, their heirs and assigns. The release shall be effective 30 days from date of signature
by GRANTEE
Dated this day of , 20
CITY OF BREMERTON
By:
Patty Lent, Mayor
Date-
STATE OF WASHINGTON)
) ss
County of Kitsap )
I, the undersigned, a Notary Public, do hereby certify that on this day of
20 , personally appeared before me
to me known to be the individual described in and who executed
the within instrument, and acknowledged that s/he signed and sealed the same as the free and
voluntary act of the City of Bremerton, for the purposes and uses therein mentioned, and on oath
stated that s/he was duly authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year
first above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires
R \ Legal \Legal\ Departments- General\Parks\Release of Easement (DSHS) doc
BREMERTON PARKS & RECREATION COMMISSION
REGULAR BUSINESS MEETING
Minutes of December 14, 2010
Attendance: Terry Boyle, Joan Dmgfield, Robert Dollar, John Larson, Richard Nerf, Christopher Warthen
and Sunny Wheeler
Staff. Colette Berna, Wyn Birkenthal and Jeff Elevado
I. Meeting Called to Order at 6 00 p in by Commissioner Dmgfield
II. Approval of Minutes — October 26, 2010 M/S /C/U (Larson/Nerf)
Amendments to the minutes (1) Name of Rice - Fergus Architects to Rice, Fergus, Miller
Architects, and (2) An increase of more than 2% for Senior Center memberships
Mr Birkenthal commented that a resolution has been submitted to the City Council in regards to
the 9/11 Memorial He clarified that the resolution does not specifically identify the location within
Evergreen Park as there are issues that have not been resolved regarding the Boardwalk with the
Department of Ecology (At this point, approximately 4 minutes of the recording was inaudible)
Although the Commission had recommended that the City bear no costs in the 9/11 Memorial
Project, Mr Birkenthal reported that the seawall is failing and the City may have to repair or replace it, an
environmental study will have to be conducted to assess the corrosion
III. Public Comment: None
IV. Business Items:
1. Request to Vacate Recreational Easement at the Frances Haddon Morgan Center (Birkenthal).
The State has requested the City to release its interest in a recreational easement on the southeast
portion of the Center's property in the vicinity of Forest Ridge Park The easement was granted by
the State in 1908 to the Bremerton School District and the City As of this date, neither party has
used the easement The Commission voted to recommend to the City Council to vacate the easement
with a caveat that if the State were to sell its property, that the three public agencies will have an
opportunity to discuss joint usage
M/S /C (Warthen/Boyle — Voted in favor of motion Boyle, Dmgfield, Larson, Nerf, Warthen,
Wheeler, Voted oppose to Motion Dollar)
2. Park and Open Space Plan Goals Review (Birkenthal)
The Commission agreed to Mr Brrkenthal's recommendation to report on the status of the goals
at the January 2011 monthly meeting
3. Parks and Recreation Process Discussion. No Discussion
V. Staff Report:
Upcoming Events and Programs.
• Over 100 trees at the golf course were damaged during the storm in November • The parking lot at
the course sustained damaged due to flooding from a culvert • Finalizing the point -of -sale upgrades to
the greens and cart fee systems • Santa in the Park on Dec 20 -21 at four park sites • Lions Park also
sustained damage from the November storm • Progress report on the Lions Park renovation protect is
listed on the City's websrte • Received $25,000 from the Rotary for Matan Park • Received $20,000
from the Rotary for benches at the Fountain Park
VI. Commissioners' Comments and Questions: None
VII. Adjournment @ 6 39 p in