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Home My WebLink About03/16/2011 AGENDA i i C24�'v Ofd ! CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 MARCH 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 — March 2, 2011 C Minutes of Study Session — March 9, 2011 D Ordinance No 5143 to repeal Ordinance No 5050, Vacating a Portion of alley bounded by McKenzie & Cogean Avenues and 12"' Street & Sheldon Boulevard E Ordinance No 5144 to repeal Ordinance No 5061, Vacating a Portion of Carr Boulevard and reserving certain easements F Ordinance No 5145 to amend Chapter 9A 44 of the Bremerton Municipal Code relating to "Public Urination" G Ordinance No 5146 to adopt by reference RCW 9 94A 835 amending the Bremerton Criminal Code by creating a new section, Section 9A 32 130 entitled "Sexual Motivation" H Resolution No 3136 to adopt the Kitsap County Comprehensive Solid and Hazardous Waste Management Plan I Real Estate Purchase and Sale Agreement with Crab Shack Investments, LLC for the property at 1116 Charleston Beach Road J Award Construction Contract to SERPANOK CONSTRUCTION for Demolition and Construction of a Pump House and Roof Pad for the Park Avenue Plaza Phase 11 Project K Ordinance No 5147 relating to Title 9 of the Bremerton Municipal Code entitled "Peace, Safety and Morals ", and Title 6 entitled "Health and Sanitation" L Ordinance No 5148 updating Chapter 104 of the Bremerton Municipal Code relating to Code Enforcement 6 GENERAL BUSINESS A Approve Grant Agreement with the State Department of Ecology for the Stormwater Retrofit and LID Development Project B Item was pulled 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 Cleric's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU 1 DATE SUBMITTED 3/16/2011 AGENDA BILL 50A CITY OF BREMERTON CITY COUNCIL •■ rsrmmrsrrrrrrrarrmrrrmrrrrrrrrrrrrrrrrrmmrrrrrrrrrmrrrrrrrrsrmrrrrrrrrrrrrrrrrrrrrrrmmmmr SUBJECT: Committee Meeting Date COUNCIL MEETING Date March 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 IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCLI. PRESIDENT _ CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: 1) Check #'s 342055 through 342314 and EFT's 10695 through 10738 in the amount of $2,809,817 94 2) Regular Payroll for the pay period ending February 28, 2011 in the amount of $654,290 86 COUNCIL ACTION: ® Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED- AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5B SUBJECT: City Council Meeting Minutes Committee Meeting Date: N/A for meeting of COUNCIL MEETING Date r M0'.ftk 2 ' .2- 0 (� Department. City uncil l 1 I Presenter Will Maupm, Council President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting held Marck 21 20 ATTACHMENTS: Meeting Minutes for f �/l a y ck 2 -20( 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, March 2, 2011 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 2, 2011, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6' 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 Rick Glomstad of Sylvan Way Baptist Church MAYOR'S REPORT — Mayor Lent • Proclaimed the Month of March 2011 as "March for Meals" Month and provided the proclamation to Deborah Horn of the Meals on Wheels Association and Executive Director for the Chuckwagon Senior Nutrition Program, and • Applauded Council for approving grants, programs, and projects which factored into the City of Bremerton as a small municipality to receive one of "2011 Smarter Cities for Transportation Award ", and invited Dick Haves Executive Director for Kitsap Transit, to provide an update on upcoming improvements in transit within Kitsap County, more specifically the worker - driver busses, Opti -Com, and fuel efficiency PUBLIC RECOGNITION — There were no public announcements or comments tonight CONSENT AGENDA A Check Numbers 341891 through 342054, and EFT -10658 through EFT -10694 in the amount of $1,716,269 28, Regular Payroll for the pay period ending February 15, 2011 in the amount of $740,501 93, and Retiree Payroll for the pay period ending February 28, 2011 in the amount of $83,12585 B Minutes of Meeting — February 16, 2011 C Minutes of Study Session — February 23, 2011 D Purchase of one (1) 2011 Ford F350 Super Duty Cab and Chassis E Purchase of two (2) 2011 Chevrolet Colorado 4x4 mid -sized Pick -Up Trucks F Purchase of two (2) 2011 Chevrolet Silverado 4x4 full -sized Pick -Up Trucks G Contract Award for Municipal Buildings Lighting Efficiency Improvements Project There were no comments from the public 05:47:27 M /S /C /U (Arends /Runyon) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS 6A — PROFESSIONAL SERVICES AGREEMENT WITH LMN ARCHITECTS FOR THE PARK AVENUE PLAZA PHASE II PROJECT Gary Sexton Executive Department, explained that after the receipt and review of three (3) solicited bids, it is recommended that the architectural contract be awarded to LMN Architects for Park Avenue Plaza Phase II professional architectural services The contract would be in the amount of $85,000 but not to exceed $140,000 This would allow for additional items or contract modifications to allow timely completion of the project City Council Reg Mtg Minutes Wednesday, March 2, 2011 Page 2 of 4 There were no comments from the public 05:53:20 Motion to approve the professional services agreement was made by McConnell, and seconded by Wofford, Discussion was then opened to the Council Roy Runyon was concerned that pre - authorizing the contract may be setting a precedent for modifying the City's financial policy, and asked if there are changes or additional expenditures, how Council could be notified of these changes Becky Hasart Financial Services Director, responded that asking for funding in this manner does not go against policy and due to the project timeline, the proposal was appropriate, and explained that updates will be provided during the Finance Committee and Gary Sexton could present information during Council Study Sessions as needed Cecil McConnell asked if the price has been negotiated with the architect Mr. Sexton answered yes. Greg Wheeler offered his support since this contract allows the City to have some control over costs Adam Brockus asked for background on funding and the project Mr. Sexton explained that projects have been developed based on "urban centers" and appropriate funding has been sought, and added that this project will offer daytime parking to shipyard workers, housing, ongoing events with the cinema, as well as evening and weekend parking to visitors Will Maupin asked if there will be any coordination between the architect and the cinema operators Mr emphasized that the conditions of sale will allow for issues to be resolved 06:06:45 M /S /C /U (McConnell/Wofford) Move that the City approve the Professional Service Agreement with LMN Architects in the amount not to exceed of $140,000, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented 613 — ORDINANCE NO. 5142 REPEALING CHAPTER 3.44 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "ADMISSIONS TAX " Becky Hasart Financial Services Director, summarized that the City of Bremerton currently charges an admissions tax for "public performances, etc" in addition to business and occupation (B &O) tax For 2010, the City collected $222,053 from eight payers Given the nature of the businesses subject to admissions tax and the City's commitment to become more "business friendly ", it is recommended that the admissions tax be repealed Existing businesses would still be subject to obtaining a business license, and if they meet the criteria, would still be subject to B &O taxes Carlos Jara, Downtown Bremerton Association, offered his support for this item and thereby making the community more open to business, and also encouraged Council to review the B &O Tax issue 06:10:52 Motion to approve ordinance was made by Runyon, and seconded by Wheeler, Discussion was then opened to the Council Adam Brockus asked if there is an admissions tax for people attending events at the Admiral Theatre Becky Hasart answered no 06:14:38 M /S /C /U (Runyon/Wheeler) Move to approve Ordinance No 5142 repealing Chapter 3 44 of the Bremerton Municipal Code entitled "Admissions Tax" in its entirety City Council Reg Mtg Minutes Wednesday, March 2, 2011 Page 3 of 4 6C — PURCHASE AND SALE AGREEMENT WITH KITSAP COUNTY FOR THE PURCHASE OF THE FORMER DEPARTMENT OF EMERGENCY MANAGEMENT (DEM) PROPERTY LOCATED AT THE NORTHEAST CORNER OF 17 TH STREET & WARREN AVENUE: Gunnar Fridriksson Public Works & Utilities, announced that the City has received an offer to purchase the former Department of Emergency Management (DEM) property located at the northeast corner of 17` Street & Warren Avenue from Kitsap County for $75,000 The former DEM property and the former CenCom property, because of the configuration of the properties, are more marketable and valuable if sold simultaneously to a third party There were no comments from the public 06:16:34 Motion to approve the agreement was made by McConnell, and seconded by Runyon, Discussion was then opened to the Council Cecil McConnell asked how the purchase of the property would help the City sell the other property Gunnar Fridriksson emphasized that interested parties who have contacted the City about the properties were considering both properties for potential projects Council Members Wheeler and McDonald each explained that as Kitsap County Department of Emergency Management Board Members, they would abstain on this action Adam Brockus believed that due to location of the property near the Warren Avenue Bridge, he does not believe it will be easy to sell the properties in the future, and could not support this purchase Roy Runyon agreed that bundling this property will make the parcel more marketable Nick Wofford asked if the properties were sold, how access could be continued to the park property by the water Mr. Fridriksson answered that an easement agreement for access to the park would be arranged 06:20:51 M /S /C (McConnell /Runyon) Move to approve the Purchase and Sale Agreement with Kitsap County for the purchase of the former Department of Emergency Management (DEM) property, and authorize the Mayor (to) finalize and execute this agreement in substantially the same terms and conditions as presented as well as other documents necessary to complete the transaction and further authorize the demolition and removal of the existing structure on the property Voted in favor of Motion Runyon, Robinson, Arends, Wofford, Maupin Voted opposed to Motion McConnell, Brockus Abstained Wheeler, McDonald Motion carried, 5 -Yes, 2 -No, 2- Absentions COUNCIL MEMBER REPORTS Jim McDonald attended a 9 -11 Memorial Committee meeting and was pleased that the initial design is almost done Adam Brockus attended a Ribbon Cutting Ceremony at Bangor Base, and hoped to hold a District 3 Meeting at the end of this month Roy Runyon commented that the Council approved municipal lighting improvements under Consent Agenda and was pleased that the City will receive up to $20,000 in annual energy savings through this project City Council Reg Mtg Minutes Wednesday, March 2, 2011 Page 4 of 4 Greg Wheeler provided an update on the Homeless Shelter and hoped that with better communication more families could utilize the shelter Carol Arends encouraged people to come downtown for the First Friday Artwalk for various events and noted that businesses will be open later in the evening Will Maupin reported on the progress made by the Residential Parking Committee this year and stated that a few changes will be made to make the system more user friendly, and added that a close friend "Mike" is battling cancer and that after speaking to Jesse Jones of King 5 News who is sharing that battle, he is feeling a lot better With no further business, President Maupin adjourned the Council Meeting at 6 30 PM Prepar d and Submitted by CHRISTINE GRENI R Council Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg i DATE SUBMITTED - AGENDA BILL CITY OF BREMERTON 5C CITY COUNCIL SUBJECT: City Council Meeting Minutes Committee Meeting Date: N/A for meeting of COUNCIL MEETING Date: MA M aMi 9 t ., I t Department: City Council Presenter: Will Mau pin, Council President Phone: _(360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting held Mayt C q 101 ATTACHMENTS: Meeting Minutes for M A r tk I / - 21>11 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: C ouncil 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 I i i COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue � ❑ No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES March 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, March 9, 2011, at 5 00 PM, with Council Vice - President Adam Brockus presiding Council Members present were Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Cecil McConnell, and Jim McDonald Council Members absent were Nick Wofford and President Will Maupin Legislative Assistant Lon Smith was present to provide staff support Vice - President Brockus 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 appropriate Council Committee, and will be placed on the March 16, 2011 Council Meeting Agenda 1 Ordinance to repeal Ordinance No 5050, Vacating a Portion of alley bounded by McKenzie & Cogean Avenues and 12'' Street & Sheldon Boulevard — Gunnar Fridnksson, Civil Engineer, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda 2 Ordinance to repeal Ordinance No 5061, Vacating a Portion of Carr Boulevard and reserving certain easements — Gunnar Fridnksson, Civil Engineer, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda 3 Approve Grant Agreement with the State Department of Ecology for the Stormwater Retrofit and LID Development Project — Lary Matel, Managing Engineer, Transportation & Stormwater Utility, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair General Business 4 Ordinance to amend Chapter 9A 44 of the Bremerton Municipal Code relating to "Public Urination" — Roger Lubovich, City Attorney, and Jim McDonald, Public Safety and Parks Committee Chair Consent Agenda 5 Ordinance to adopt by reference RCW 9 94A 835 amending the Bremerton Criminal Code by creating a new section, Section 9A 32 130 entitled "Sexual Motivation" — Roger Lubovich, City Attorney, and Jim McDonald, Public Safety and Parks Committee Chair Consent Agenda B FULL DISCUSSION ITEMS 6 Resolution to adopt the Kitsap County Comprehensive Solid and Hazardous Waste Management Plan — Dean Boening, Kitsap County Solid Waste Division, Tom Knuckey, Managing Engineer, Water & Wastewater Utilities, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda 7 Resolution to authorize application to the Recreation and Conservation Office for Lions Park Boat Launch Improvement Grant — Wyn Birkenthal, Parks & Recreation Department Director, and Jim McDonald, Public Safety and Parks Committee Chair General Business 8 Real Estate Purchase and Sale Agreement with Crab Shack Investments, LLC for the property at 1116 Charleston Beach Road — Gunnar Fridriksson, Civil Engineer, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda City Council Study Session Minutes Wednesday, March 9, 2011 Page 2 of 2 9 Award Construction Contract to SERPANOK CONSTRUCTION for Demolition and Construction of a Pump House and Roof Pad for the Park Avenue Plaza Phase II Project — Gary Sexton, Executive Department, and Nick Wofford, Finance Committee Chair Consent Agenda 10 Ordinance relating to Title 9 of the Bremerton Municipal Code entitled "Peace, Safety and Morals", and Title 6 entitled "Health and Sanitation" — Roger Lubovlch, City Attorney, and Jim McDonald, Public Safety and Parks Committee Chair Consent Agenda 11 Ordinance updating Chapter 1 04 of the Bremerton Municipal Code relating to Code Enforcement — Roger Lubovich, City Attorney, and Jim McDonald, Public Safety and Parks Committee Chair Consent Agenda C GENERAL COUNCIL BUSINESS 1 Council Committee Chair reports were provided, and 2 General Council Business was discussed Vice - President Brockus adjourned the Study Session at 6 30 PM Prepared and Submitted by /9 61 4MO / D - LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk ADAM BROCKUS, City Council Vice - President AB CE Is cg DATE SUBMITTED February 4, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 45D SUBJECT: Ordinance # 51 4 3 repealing Committee Meeting Date: March 9, 2011 Ordinance #5050 — Vacating a Portion of COUNCIL MEETING Date. March 16, 2011 Alley Bounded by McKenzie and Cogean Department: PW &U Avenues and 12` Street and Sheldon Presenter: Gunnar Fndriksson Boulevard. Phone: 473 -2354 SUMMARY: The City is rescinding the vacation approved on May 23, 2008 by Ordinance No. 5050, due to conditions of the vacation not being met. The vacation was approved, but has not been recorded with Kitsap County. Applicant was notified in October 2010 that the City is proceeding to repeal the Ordinance and that a new application and approval through City Council will be required for any future vacation of the alley and future development. ATTACHMENTS: 1. Proposed Ordinance # 5143 2 Ordinance #5050 FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: �- CITY ATTORNEY: FINANCE DIRECTOR. MAYOR. COMMITTEE CHAIR COUNCIL PRESIDENT. CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to pass Ordinance # 514 1 repealing Ordinance #5050 Vacating a Portion of Alley Bounded by McKenzie and Cogean Avenues and 12` Street and Sheldon Boulevard. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY RESCINDING OF ORDINANCES FOR STREET VACATIONS ALLEY SOUTH OF SHELDON BOULEVARD (ORDINANCE #5050) CARR BOULEVARD (ORDINANCE #5061) Summary The City of Bremerton previously has approved ordinances for vacations on the above referenced streets in conjunction with development projects in May and October of 2008, respectively These vacations were approved based on conditions being met by the developer In the case of Carr Boulevard, it was a new dedication of roadway and relocating the road into this new dedication With the alley, it was for payment of the land to be vacated The City has withheld recording the vacations with the Kitsap County Auditor's Office until these conditions were met The applicants were contacted in October of 2010 and notified that if they did not contact the City by December 31, 2010, the vacations would be rescinded No contact from the applicants has been received Fiscal Summary No impact, minor staff time for processing this ordinance City of Bremerton 3 February 2011 ORDINANCE NO. 5 l 4-3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Ordinance No 5050 vacating a portion of the alley bounded by McKenzie and Cogean Avenues and 12` Street and Sheldon Boulevard and reserving certain easements in the City of Bremerton WHEREAS, the City received a petition to vacate a portion of the alley bounded by McKenzie and Cogean Avenues and 12 Street and Sheldon Boulevard in the City of Bremerton, and WHEREAS, a public hearing was held with proper notice on May 21, 2008, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, following the hearing, the City Council passed ordinance No 5050 approving the requested vacation of a portion of the alley bounded by McKenzie and Cogean Avenues and 12 Street and Sheldon Boulevard, and WHEREAS, this vacation was subject to conditions that the applicant failed to meet to complete the vacation, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. The foregoing recitals are incorporated as if fully set forth herein SECTION2 Repeal Ordinance No 5050 vacating a portion of the alley bounded by McKenzie and Cogean Avenues and 12 Street and Sheldon Boulevard and reserving certain easements is repealed in its entirety SECTION 3. Severabilyy If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 4. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law APPROVED by the City Council the day of , 2011 PASSED by the City Council the day of , 2011 1 Repeal of Ordinance No. 5050 — Sheldon Blvd WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of ' 2011 ORDINANCE NO R \LEGAL \Ordmances\Public Works & Utilmes\Vacation Ord 5050 Repeal - Sheldon Blvd doc 2 Repeal of Ordinance No. 5050 — Sheldon Blvd. ORDINANCE NO. 5050 AN ORDINANCE of the City Council of the City of Bremerton, Washington, vacating a portion of the alley bounded by McKenzie and Cogean Avenues and 12 Street and Sheldon Boulevard in the City of Bremerton WHEREAS, the City received a petition to vacate a portion of the alley bounded by McKenzie and Cogean Avenues and 12 Street and Sheldon Boulevard in the City of Bremerton., and WHEREAS, the City passed Resolution No 3052 settign a hearing date to consider the vacation of a portion of the alley bounded by McKenzie and Cogean Avenues and 12 Street and Sheldon Boulevard, to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right - of -way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on May 21, 2008, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, this is a Class I nght -of -way owned in fee by the City of Bremerton and as such compensation is required The property owner has dedicated additional right -of -way as partial compensation leaving a balance due of $5,262; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; and WHEREAS, the City Council has directed the preparation of an ordinance vacating the portion of said streets, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION L The foregoing recitals are incorporated as if fully set forth herein SECTION 2. That portion of the alley ruining north -south starting on Sheldon Boulevard and mining approximately 150 feet south towards 12 Street, bound by McKenzie and Cogean Avenues in the City of Bremerton, as described in Exhibit A, which is attached and 1 Vacation - Alley South of Sheldon Boulevard incorporated herein by this reference, is hereby vacated to the abutting property owners upon the following condition: (a) payment in the amount of $5,262 00 SECTION 3. Reservation ofEasements (a) An easement is reserved for Cascade Natural Gas for operation, maintenance and repair of gas lines over, under and upon the entire area vacated pursuant to this ordinance. (b) An easement is reserved for Puget Sound Energy for operation, maintenance and repair of power lines over, under and upon the entire area vacated pursuant to this ordinance. SECTION 4. Vested Rights No vested rights shall be affected by the provisions of this ordinance. SECTION 5. Severabihty If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Efective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the 4 2AM6 day of 2008. WILL MAUPIM, Coungffresident Approved this 0 1.1Ld. day of _, 2008 CARY BOZEMAN, Mayor ATTEST. APPROVED AS TO FORM: v CAROL E GE , Ci Clerk ' ROER A LUBOVICH, City A 2 Vacation - Alley South of Sheldon Boulevard PUBLISHED the day of , 2008. EFFECTIVE the day of , 2008 ORDINANCE NO. �fo_ R %ephLegahOrdmancesTublic Works & UnlidesWacanon - Sheldon Blvd doc 3 Vacation - Alley South of Sheldon Boulevard EXHIBIT A A ES ®® CON3ULTA n INC. PROPMONa LAND SURVBYORS PO BOX 930 •3472 N W LOWELL "OLD TOWNL"' • SILVERDALS. WA 98383 • 3604"."M • FAX 360.6M927 LEGAL DESCRIPTION FOR VACATION OF ALLEYWAY THAT PORTION OF GOVERNMENT LOT 1, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 6, BLOCK 2, PARK PLACE ADDITION, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON, AND ALSO BEING A POINT ON THE NORTH RIGHT -O &WAY LINE OF 12 STREET; THENCE NORTH ALONG THE EAST LINE OF SAID LOT 6 AND LOTS 5 AND 4, BLOCK 2, SAID PLAT OF PARK PLACE ADDITION, 112 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF THE SOUTH 23 00 FEET OF SAID LOT 4 AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG THE EAST LINE OF SAID LOT 4 AND LOTS 3,2 AND 1, BLOCK 2, SAID PLAT OF PARK PLACE ADDITION, 133.10 FEET, MORE OR LESS, TO THE SOUTHWESTERLY RIGHT -OF -WAY LINE OF SHELDON BOULEVARD; THENCE SOUTHEASTERLY ALONG SAID LINE, 40 FEET, MORE OR LESS, TO THE NORTH LINE OF "PARCEL B" AS DESCRIBED IN A DEED OF TRUST RECORDED UNDER AUDITOR'S FILE NO. 200202260396; THENCE WEST ALONG SAID LINE TO A POINT ON A LINE WHICH LIES 14.00 EAST OF AND PARALLEL WITH THE EAST LINE OF LOTS 1 THROUGH 6, INCLUSIVE, BLOCK 2, SAID PLAT OF PARK PLACE ADDITION; THENCE SOUTH ALONG SAID LINE 102.55 FEET, MORE OR LESS, TO THE EASTERLY EXTENSION OF THE NORTH LINE OF THE SOUTH 8.00 FEET OF SAID LOT 4; THENCE WEST ALONG SAID LINE 14 00 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A MONUMENT MARKING THE EAST QUARTER CORNER OF SECTION 13, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., IN THE C1TY OF BREMERTON, KITSAP COUNTY, WASHINGTON, BEING A POINT ON THE CENTERLINE OF PARK AVENUE; THENCE NORTH 0 EAST ALONG THE CENTERLINE OF SAID PARK AVENUE 381.47 FEET TO A MONUMENT MARKING ITS INTERSECTION WITH 12" STREET; THENCE SOUTH 88°23'53" EAST ALONG THE CENTERLINE OF SAID 12" STREET 577.05 FEET TO A MONUMENT MARKING ITS INTERSECTION WITH COGEAN AVENUE; THENCE NORTH 1 0 10'08" EAST ALONG THE CENTERLINE OF SAID COGEAN AVENUE 147.37 FEET; THENCE NORTH 88°49'52" WEST 15 00 FEET TO THE WEST RIGHT.O &WAY LINE COGEAN AVENUE AND THE POINT OF BEGINNING OF THIS LINE, THENCE NORTH 68°05'22" WEST 26.23 FEET TO A POINT ON A 198.95 FOOT RADIUS CURVE WHOSE CENTER POINT BEARS NORTH 2°54'50" EAST, THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 49°50'44" FOR AN ARC DISTANCE OF 173.08 FEET TO A POINT OF TANGENCY; THENCE NORTH 37°14'26" WEST 12025 FEET TO THE POINT OF TERMINATION OF THIS LINE. 5 -05 -2008 seo E.O�!•. • W " L u1W as AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 230424 STATE OF WASHINGTON COUNTY OF KITSAP 1, Laura Wessels, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herem mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit May 26,'2008 and that such newspaper was regularly distributed to its subscribers during all of said period That the full amount of the fee charged for the foregoing publication is the sum of $30 15 The amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of May 30, 2008 MO/VA � u pTgR�N.a� Notary Public in and for the State of Washington, Kitsap County ORDINANCE NO 5050 fi•'7, !:b AN AN ORDINANCE of the City Council of the City of Bremerton, Washington, vacating a portion of the OF �VASN�N alley bounded by McKenzie and Cogean Avenues and 12th Street and Sheldon Boulevard in the City of Bremerton PASSED by the City Council the 21 st day of May, 2008 The full text of this ordinance is available from the City Clerles Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 May 26, 2008 AD #20068581 DATE SUBMITTED February 4, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance # repealing Committee Meeting Date: March 9, 2011 Ordinance #5061 — Vacating a Portion of COUNCIL MEETING Date: March 16, 2011 Carr Boulevard and reserving certain Department: PW &U easements. Presenter: Gunnar Fridriksson Phone: 473 -2354 SUMMARY: The City is rescinding the vacation approved on October 15, 2008 by Ordinance No 5061, due to conditions of the vacation not being met. The vacation was approved with two conditions: Conveyance of the new right -of -way to the City and a Performance Bond for the new street improvements. Applicant was notified in October 2010 that the City is proceeding to repeal the Ordinance and that a new application and approval through City Council will be required for any future vacation of the alley and future development. ATTACHMENTS: 1 Council Summary, 2 Proposed Ordinance # 6144 , 3 Ordinance #5061 FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR - CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR 9 ` COUNCIL PRESIDENT: �,� r_ CONSENT AGENDA' GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to pass Ordinance #,5j4A repealing Ordinance #5061 Vacating a Portion of Carr Boulevard and reserving certain easements. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY RESCINDING OF ORDINANCES FOR STREET VACATIONS ALLEY SOUTH OF SHELDON BOULEVARD (ORDINANCE #5050) CARR BOULEVARD (ORDINANCE #5061) Summary The City of Bremerton previously has approved ordinances for vacations on the above referenced streets in conjunction with development projects in May and October of 2008, respectively These vacations were approved based on conditions being met by the developer In the case of Carr Boulevard, it was a new dedication of roadway and relocating the road into this new dedication With the alley, it was for payment of the land to be vacated The City has withheld recording the vacations with the Kitsap County Auditor's Office until these conditions were met The applicants were contacted in October of 2010 and notified that if they did not contact the City by December 31, 2010, the vacations would be rescinded No contact from the applicants has been received Fiscal Summary No impact, minor staff time for processing this ordinance City of Bremerton 3 February 2011 ORDINANCE NO. 5144 AN ORDINANCE repealing Ordinance No 5061 of the City Council of the City of Bremerton, Washington, vacating a portion of Carr Boulevard and reserving certain easements in the City of Bremerton WHEREAS, the City received a petition to vacate a portion of the northerly 320 feet of Carr Boulevard to Lyle Avenue, in the City of Bremerton , and WHEREAS, a public hearing was held with proper notice on October 15, 2008, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation, and WHEREAS, following the hearing, the City Council passed ordinance No 5061 approving the requested vacation of a portion of the northerly 320 feet of Carr Boulevard to Lyle Avenue, in the City of Bremerton, and WHEREAS, this vacation was subject to conditions that the applicant failed to meet to complete the vacation, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. The foregoing recitals are incorporated as if fully set forth herein SECTION 2. Repeal Ordinance No 5061 vacating a portion of Carr Boulevard and reserving certain easements is repealed in its entirety SECTION 3. Severabdgy If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect i SECTION 4. Effective Date This ordinance shall take effect and be in force ten i (10) days from and after its passage, approval and publication as provided by law i APPROVED by the City Council the day of , 2011 PASSED by the City Council the day of , 2011 I i WILL MAUPIN, Council President 1 Repeal of Ordinance No. 5061— Carr Blvd Approved this day of , 2011 PATTY LENT, Mayor f ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \LEGAL \Ordmances\Public Works & Utilities \Vacation Ord 5061 Repeal - Carr Blvd doc 2 Repeal of Ordinance No. 5061— Carr Blvd ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of Carr Boulevard and reserving certain easements in the City of Bremerton WHEREAS, the City received a petition to vacate the northerly 320 feet of Carr Boulevard to Lyle Avenue, in the City of Bremerton.; and WHEREAS, the City passed Resolution No 3069 setting a hearing date to consider the vacation of 13,055 square feet of Carr Boulevard, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right - of -way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on October 15, 2008, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation, and WHEREAS, this is a Class H Right of Way and compensation will be paid in the form of the new roadway dedication of approximately 13,050 square feet pursuant to BMC 11.20.140(D), and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; and WHEREAS, the City Council has directed the preparation of an ordinance vacating the portion of said streets; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: herein. SECTION 1. Recitals The foregoing recitals are incorporated as if fully set forth SECTION 2. Vacation That portion of the northerly 320 feet of Carr Boulevard to Lyle Avenue in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owners subject to the following condition. 1 Vacation of a Portion of Carr Boulevard and Reservation of Easements The abutting property owner shall dedicate a new right -of -way as described in Exhibit B attached hereto and incorporated herein by this reference, or as otherwise approved by the Director of Public Works and Utilities or designee The street vacation herein shall be effective upon the recording of a dedication of the new right -of -way. SECTION 3. Reservation of Easements (a) An easement is reserved for Comcast for operation, maintenance and repair of cable lines over, under and upon the entire area vacated pursuant to this ordinance. (b) An easement is reserved for Qwest for operation, maintenance and repair of telephone lines over, under and upon the entire area vacated pursuant to this ordinance (c) An easement is reserved for Puget Sound Energy for operation, maintenance and repair of power lines over, under and upon the entire area vacated pursuant to this ordinance. (d) An easement is reserved for the City of Bremerton, Public Works and Utilities Department for construction, operation, maintenance and repair of City utilities over, under and upon the entire area vacated pursuant to this ordinance SECTION 4. Vested Rim No vested rights shall be affected by the provisions of this ordinance. SECTIONS. Severabrbty If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6 Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the I day of �� 2008 WILL ou ncil dent Approved this //.6C day of - �.C,L,Ce�� , 2008. CARY B E , Mayor 2 Vacation of a Portion of Carr Boulevard and Reservation of Easements ATTEST: APPROVED AS TO FORM- CAROL E G'RK, City Jerk ROGER A LUBOVICH, City Attomey PUBLISHED the_ day of 2008. � EFFECTIVE the d � day of , 2008 ORDINANCE NO. .0/. / �* R TegaALegahOrdmancesTublic Works & UtilitiesWacation - Carr Blvd doc 3 Vacation of a Portion of Carr Boulevard and Reservation of Easements EXHIBIT A LEGAL DESCRIPTION FOR VACATED PARK DRIVE (AKA CARR BLVD) All that portion of Park Drive (ADA Carr Blvd ) that fronts Lots 3, Lot 4 and Lot 6 of Brentwood Park, Volume 5, Page 6 of Plats, records of Kitsap County, Washington and lies between the Northerly end and the Southerly end of the following described line Commencing at the Northwest corner of the Northwest quarter of the Northwest quarter of Section 16, Township 24 North, Range 1 East, W M., thence South 2 39' 15" West, along the West line of said subdivision 95.71 feet; thence South 88° 39' 44" East, 25 00 feet, thence South 2 39' 15" West, 4101 feet, to the South right -of -way line of State Highway No 21, thence South 88 39'44" East, along said right -of -way line 20.01 feet to the Point of Beginning of said mentioned deed line, thence South 2 39' 15" West, 169.07 feet; thence South 18 08' 45" West, 93 58 feet; thence South 2 39' 15" West, 115.00 feet, thence South 43 46' 13" East, 36 22 feet to the North line of a re- located Carr Blvd, thence North 89° 48' 19" East, 165 36 feet to a point of curvature, thence Southeasterly along the arc of a curve to the right, having a central angle of 36 52' 12 ", a radius of 200.00 feet, an arc distance of 128.70 feet, thence North 89 48' 19" East, 0 95 feet and the end of said line description EXHIBIT B LEGAL DESCRIPTION FOR RE- LOCATED CARR BLVD RIGHT -OF -WAY (DEDICATION /DEED) Said right -of -way being a 40 foot wide strip of land in that portion of Lot 4 and Lot 6 of Brentwood Park, according to Plat recorded in Volume 5, Page 6 of Plats in the Northwest quarter of the Northwest quarter of Section 16, Township 24 North, Range 1 East, W M , in Kitsap County, Washington, being 20 feet on each side of the centerline, described as follows Commencing at the Northwest corner of said Northwest quarter of the Northwest quarter, thence South 2° 39' 15" West, along the West line thereof, 557 23 feet to the Beginning of the centerline of Re- located Carr Blvd , thence North 89° 48' 19" East, 212 65 feet to a point of curvature, thence Southeasterly on a curve to the right, having a central angle of 42 32'26", a radius of 180.00 feet, for an arc distance of 133 65 feet to the centerline of existing Carr Blvd and a point of compound curvature and the end of said centerline description (Bearings are based upon the Washington State Coordinate System —North Zone ) and LEGAL DESCRIPTION FOR LYLE AVENUE (DEDICATION /DEED) The portion of Shaw's land to be deeded from the Shaw's to the City of Bremerton, is all that portion of Lots 3 and Lot 4 and Lot 6, Brentwood Park, as recorded in Volume 5, Page 6 of Plats, records of Kitsap County, Washington, which lies Westerly from the following described deed line Commencing at the Northwest corner of the Northwest quarter of the Northwest quarter of Section 16, Township 24 North, Range 1 East, W M ; thence South 2 39' 15" West, along the West line of said subdivision 95 71 feet; thence South 88 39'44" East, 25.00 feet, thence South 2 39' 15" West, 4101 feet, to the South right -of -way line of State Highway No. 21; thence South 88 39'44" East, along said nght -of -way line 20 01 feet to the Point of Beginning of said mentioned deed line, thence South 2 39' 15" West, 169 07 feet, thence South 18° 08' 45" West, 93 58 feet, thence South 2 39' 15" West, 115 00 feet, thence South 43° 46' 13" East, 36 22 feet to the North line of re- located Carr Blvd and the end of said deed line description. i i i 1 I i AFFIDAVIT OF PUBLICATION Account # 42742 / Ad # 240294 STATE OF WASHINGTON COUNTY OF KITSAP I, Laura Wessels, being first duly sworn on oath, deposes and says That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of a legal advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit October 20, 2008 and that such newspaper was regularly distributed to its subscribers during all of said period That the full amount of the fee charged for the foregoing publication is the sum of $30 15 The amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of October 29, 2008 �`, .o TA o Notary Public in and for the State of Washington, Kitsap County ' ` • �� Y LN : r� r 7 N� • r � ORDINANCE NO 5061 O '` WA50\�� AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of — streets, vacating a portion of Carr Boulevard and reserving certain easements in the City of Bremerton PASSED by the City Council the 15th day of October, 2008 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 October 20, 2008 AD #20078421 DATE SUBMITTED- February 14, 2011 4 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 6145 Committee Meeting Date: March 9, 2011 amending Chapter 9A.44 of the Bremerton COUNCIL MEETING Date: March 16, 2011 Municipal Code. Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473 -2345 SUMMARY: The proposed ordinance amends Chapter 9A 44 by creating a new section entitled "Urinating in Public." Public urination is currently charged as lewd conduct, a misdemeanor crime. Under the new section, public urination will be charged as a civil infraction. ATTACHMENTS: Proposed Ordinance 0 o . 51 Ar S FISCAL IMPACTS (Include Budgeted Amount). None. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: ` MAYOR: COMMITTEE CHAIR( COUNCIL PRESIDENT: e", CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Ordinance No. 5 amending Chapter 9A.44 of the Bremerton Municipal Code. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5/45 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9A.44 of the Bremerton Municipal Code relating to "Public Urination." WHEREAS, the penalty for a violation of the provisions of Chapter 9A 44 of the Bremerton Municipal Code relating to public urination constitutes a misdemeanor, and WHEREAS, the City Council desires to amend Chapter 9A.44 of the Bremerton Municipal Code to reduce the penalty for a violation of the provisions relating to public urination to a civil infraction; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION]. Chapter 9A 44 of the Bremerton Municipal Code entitled "Public Disturbances" is hereby amended to read as follows: Chapter 9A.44 PUBLIC DISTURBANCES 9A.44.010 DEFINITIONS. The following definitions are applicable in BMC 9A 44 020 through 9A.44.080, unless the context otherwise requires: (a) "Peace" as used in the phrase "public peace" means the tranquility enjoyed by members of a community where good order presides. (b) "Public place" means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots and buildings open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (c) "Unreasonably disrupts" means to substantially impair the conduct of the meeting by intentionally committing acts in violation of implicit customs or usages or of explicit rules for governance of the meeting he or she knew, or as a reasonable man or woman should have known 9A.44.020 DISORDERLY CONDUCT. RCW 9A 84.030 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 1 Public Urination 9A.44.030 FAILURE TO DISPERSE. RCW 9A.84 020 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.44.040 EXPECTORATING. It is unlawful for a person to expectorate upon the floor, walls or furniture of any public conveyance, public building or any store open to and used by the public. 9A.44.050 MISCHIEF ON BRIDGES. It is unlawful for any person to intentionally - (a) Throw, drop or otherwise cause any object or missile to be thrown, dropped or released from any portion of any bridge, including the bridges crossing the Port Waslungton Narrows, commonly known as the Bremerton -Manette and Warren Avenue Bridges; or (b) Jump, leap or go upon with the intent of jumping or leaping from any portion of any bridge, including the Port Washington Narrows, commonly known as the Bremerton -Manette and Warren Avenue Bridges. 9A.44.060 UNLAWFUL BUS CONDUCT. (a) A person is guilty of unlawful bus conduct if, while on or in a municipal transit vehicle and with knowledge that such conduct is prohibited, he or she (1) Smokes or carries a lighted or smoldering pipe, cigar or cigarette; or (2) Discards litter other than in designated receptacles, or (3) Plays any radio, recorder, or other sound - producing equipment, except that nothing herein shall prohibit use of such equipment when connected to earphones that limit the sound to the individual listeners or the use of a communication device by an employee of the owner or operator of the municipal transit velucle; or (4) Spits or expectorates; or (5) Carries any flammable liquid, explosive, acid, or other article or material likely to cause harm to others, except that nothing herein shall prevent a person from carrying a cigarette, cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise prohibited by law. (b) A municipal transit vehicle includes every motor vehicle, street car, train, trolley vehicle, and any other device, which: (1) is capable of being moved within, upon, above or below a public highway, (2) is owned or operated by the Kitsap County Public Transit Authority; and (3) is used for the purpose of carrying passengers, together with incidental baggage and freight on a regular schedule 9A.44.065 URINATING IN PUBLIC. (a) A person is guilty of the crime of urinating in public if he or she intentionally urinates or defecates in a public place other than a washroom or toilet room or at a place and under circumstances where such act could be observed by member of the public 2 Public Urination (b) Any violation of the provisions of this section shall be an infraction, and any person found in violation shall be subject to apenally not to exceed two hundred fig dollars $250) 9A.44.070 LEWD CONDUCT. (a) (1) A person is guilty of lewd conduct if he intentionally performs a lewd act in a public place or at a place and under circumstances where such act could be observed by the public. (2) The owner or operator of premises open to the public is guilty of a misdemeanor if he intentionally permits lewd conduct in a public place under his control. (b) "Lewd act" means: (1) Public exposure of one's genitals, buttocks, or any portion of the female breast below the top of the areola; or (2) Public touching, caressing or fondling of the genitals or female breast; or teilet reem; OF (43) Public masturbation; or (34) Public sexual intercourse. (c) "Public" or "public display" means easily visible from a public thoroughfare or from property of others, or in a public place in manner so obtrusive as to make it difficult for an unwilling person to avoid exposure. (d) This chapter shall not be construed to prohibit- (1) Plays, operas, musicals or other dramatic works which are not obscene, (2) Classes, seminars and lectures held for scientific or education purposes, (3) Exhibitions or dances which are not obscene. 9A.44.080 INTRODUCING CONTRABAND IN THE THIRD DEGREE. RCW 9A.76.160 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.44.090 RIOT. RCW 9A 84 010 is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. 9A.44.100 PEDESTRIAN INTERFERENCE. (a) The following definitions apply in this section (1) "Aggressively beg" means to beg with the intent to intimidate another person into giving money or goods. (2) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. 3 Public Urination (3) "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (4) "Obstruct pedestrian or vehicular traffic" means to walk, stand, sit, lie, or place an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code, shall not constitute obstruction of pedestrian or vehicular traffic. (5) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them (b) A person is guilty of pedestrian interference if, in a public place, he or she intentionally: (1) Obstructs pedestrian or vehicular traffic; or (2) Aggressively begs. (c) Pedestrian interference is a misdemeanor SECTION 2. SeverabihU If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor 4 Public Urination ATTEST. APPROVED AS TO FORM- CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of 2011 EFFECTIVE the day of 2011 ORDINANCE NO. R \Legal \Legal \Ordinances \legal \Public Umiation doc 5 Public Urination DATE SUBMITTED- February 14, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5146 Committee Meeting Date: March 9, 2011 adopting by reference RCW 9.94A.835 COUNCIL MEETING Date: March 16, 2011 relating to special allegations. Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473 -2345 SUMMARY: The proposed ordinance adopts by reference RCW 9.94A.835 creating a special allegation so that certain crimes can be classified as sexually motivated crimes. ATTACHMENTS: Proposed Ordinance. lS 0 • S l � FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR �'i �� A., COUNCIL PRESIDENT. r' CONSENT AGENDA [ GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Ordinance No. 514 b adopting by reference RCW 9.94A 835. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5 1 "( P AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Bremerton Criminal Code to create a new section, Section 9A 32 130, entitled "Sexual Motivation " WHEREAS, the City Council desires to amend the Bremerton Criminal Code to create section, Section 9A 32 130, adopting by reference RCW 9A 32 130 entitled "Special allegation — Sexual motivation — Procedures ", NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Section 9A 32 130 of the Bremerton Municipal Code entitled "Sexual Motivation" is hereby created and reads as follows 9A.32.130 Sexual Motivation. RCW 9 94A 835 entitled "Special allegation — Sexual motivation — Procedures" is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full SECTION 2. Severabih!y If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law i PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President Approved this day of 5 2011 i PATTY LENT, Mayor Sexual Motivation i ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \Legal \Legal \Ordinances \legal \Sexual Motivation doc Sexual Motivation DATE SUBMITTED AGENDA BILL CITY OF BREMERTON CITY COUNCIL SH SUBJECT: Resolution No. 31% Committee Meeting Date: February 9, 2011 adopting the Kitsap County Comprehensive COUNCIL MEETING Date- _February 16, 2011 Solid and Hazardous Waste Management Department- PW &U Plan Presenter. Tom Knuckey Phone: 473 -2376 SUMMARY: In June, 2008 the City executed an interlocal agreement recognizing Kitsap County as lead planning authority for Solid and Hazardous Waste programs within its jurisdiction Kitsap County prepared an updated Comprehensive Solid and Hazardous Waste Management Plan - the purpose of the Plan is to develop strategies for better management of solid and moderate risk wastes through 2015. RC W 70.95 and 70.105 require each local government to have an approved Comprehensive Solid and Hazardous Waste Management Plan in place; adoption of the plan by Bremerton is necessary for County Compliance with the RCW The requested action before Council is approval of Resolution No 313 (0 adopting the Kitsap County Comprehensive Solid and Hazardous Waste Management Plan. ATTACHMENTS: I Council Summary; Plan Summary; 2. Resolution No. 313 4o FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOR - CITY ATTORNEY- l FINANCE DIRECTOR. MAYOR. COMMITTEE CHAIR COUNCIL PRESIDENT FGEBNLERIC NSENT AGENDA AL BUSINESS ❑ HEARING ❑ RECOMMENDED MOTION: Move to approve Resolution No 313 (o adopting the Kitsap County Comprehensive Solid and Hazardous Waste Management Plan COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action KITSAP COUNTY COMPREHENSIVE SOLID AND HAZARDOUS WASTE MANAGEMENT PLAN BACKGROUND RCWs 70 95 and 70 105 require each local government to have an approved comprehensive solid and hazardous waste management plan in place In 2008, Bremerton signed an interlocal agreement with Kitsap County and others recognizing Kitsap County as the lead planning authority in this issue The document titled Waste Wise Communities The Future of Solid Waste Management In Kltsap County is the plan developed by Kitsap County to meet the requirements of the RCW — the plan was developed in coordination with the Solid Waste Advisory Committee, of which Bremerton was a member Attached on County letterhead are highlights from the new plan Kitsap County intends to begin implementing the plan in March, 2011 Adoption of the plan does not require the City to incur any costs The plan includes several recommendations for improving solid and hazardous waste programs which the City can consider and implement as appropriate Complete copy of the plan is available upon request FISCAL SUMMARY N/A — there are no costs associated with this item City of Bremerton Gorst Creek Watershed Planning Grant January 2011 K ITS P COu T WASHINGTON Kitsap County Comprehensive Solid and Hazardous Waste Management Plan Waste Wise Communities — The Future of Solid and Hazardous Waste Management in Kitsap County Waste Reduction and Recycling- Expand Residential Curbside Recycling The new boundary will include the entire county, both incorporated and unincorporated The cost for curbside service will be spread across a larger population (economy of scale) and reduce overall carbon emissions by significantly decreasing the number of customers who self -haul Commercial Customer Recycling Cities or tribes negotiating new or updated solid waste contracts should incorporate language requiring contracted haulers to offer specified levels of recycling services to commercial customers Currently, commercial recycling and diversion volumes are low Improved service at a reasonable cost should result in increased participation Building and Zoning Ordinances Addressing Solid Waste /Recycling Planning Adopt building and zoning ordinances that require technical review of recycling space and screening enclosures in new or remodeled multi - family and commercial projects Early in the permit approval process, ensure that lack of space and /or hauler access to containers will not be a deterrent to recycling Use Variable Tipping Fees to Reduce Waste Evaluate the benefits of charging lower fees for recyclable -rich loads of commercial construction and demolition waste This will provide an incentive to sort and recycle at fob sites and significantly reduce disposal of recyclable products Organic Materials Expand Existing Curbside Organics Collection Program • Add additional compostable papers and foods to the existing collection service To achieve additional diversion, include meat, fish, and dairy waste in the program • Educate Kitsap residents about the greenhouse gas reduction benefits associated with composting and replacing synthetic petroleum -based fertilizers with compost • Evaluate methods of increasing participation in curbside organic materials collection services and implement selected options • Expand the curbside organic materials collection service boundary Expand Commercial Customer Participation and Diversion of Organics Cities negotiating new or updated solid waste contracts are encouraged to include curbside yard and vegetative waste collection in the cost or residential and commercial curbside garbage collection service Inclusion of curbside organics collection as part of rate will encourage participation Page 1 of 3 Alternative Technologies Encourage local development of alternative technologies that produce energy or minimize greenhouse gas emissions from organic materials and solid wastes This will allow for the inclusion of various technologies (e g waste to energy) that may be viable during this planning period Construction and Demolition (C &D) Debris Increase residential and commercial C &D recycling • Support the addition of C &D processing capacity at the Olympic View Transfer Station and /or other in- county locations • Develop a rate structure that provides an incentive for customers to source - separate C &D from garbage in order to facilitate recycling of C &D materials • Work with contactors and industry associations such as the Home Builders Association of Kitsap County on programs that encourage source - separation of C &D materials for recycling Related Building and Zoning Ordinances Work with City and County agencies to adopt building and zoning ordinances that require a mandatory waste diversion plan for projects over a specified size or value Work with City and County agencies to adopt building and zoning ordinances that will remove regulatory barriers to green building and encourage increased use of recycled products in remodeling, construction, and demolition within the permit process Collection Expand the Current Curbside Recycling Territory Expand the curbside recycling boundary to include all residents of Kitsap County Transfer System Complete a Rate Study Conduct a rate study for both the Recycling and Garbage Facilities (RAGFs) and Olympic View Transfer Station (OVTS) Necessary rate restructuring will support solid waste program goals, and achieve the following • Include the cost of "free" recycling in the disposal fees at the RAGFs • On average, curbside garbage collection rates should cost less for customers compared with self - hauling • Encourage customers to consolidate their waste so that they make fewer trips with larger loads • Encourage customers with large loads and C &D materials to deliver their wastes directly to OVTS • Consider the potential impact of rate structures on illegal dumping • Consider the needs of low- income residents • Maintain stability of new rates for a 5 -year period • Charge equivalent fees at each of the RAGFs • Generate sufficient revenue to cover the costs of operations and maintenance as well as reserve requirements Page 2 of 3 Complete a RAGF Service Level Analysis Complete a RAGF Service Level Analysis designed to optimize days and hours of seance throughout the system This analysis will consider customer usage patterns, environmental impacts, and costs Some of the potential courses of action include • Maintaining current service levels • Reducing or changing hours of service • Permanent closure of a facility Develop a Capital Improvement Project Rating System Develop a rating system by which to prioritize needed capital improvement projects at all solid waste facilities Evaluate needs on an annual basis Pending completion of the rating system, the following projects have been identified and tentatively scheduled • Hansville RAGF Improvements • Poulsbo Recycle Center Improvements • Silverdale RAGF Improvements Develop a Master Plan for Future Development at OUTS • Design and build a solution to the customer wait times • Design and build a Construction and Demolition debris processing area Moderate Risk Waste Househould Hazardous Waste (HHW) Collection Services in Poulsbo Implement a HHW collection program for north county residents Compact Fluorescent Light Bulbs (CFLs) Continue the compact fluorescent light bulbs (CFLs) program at all RAGFs and at the Poulsbo Recycle Center Product Stewardship Actively support the development of product stewardship laws at the state and national level that require manufacturers or retailers to provide collection, recycling, and /or safe disposal programs for hazardous products Administration Disaster Debris Management Plan Prepare a disaster Debris Management Plan with input from the Kitsap County Department of Emergency Management, Kitsap County Health District, cities, haulers, and other stakeholders Ensure the Plan addresses FEMA cost management and recovery requirements Page 3 of 3 RESOLUTION NO. 313( A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the Krtsap County Comprehensive Solid and Hazardous Waste Management Plan WHEREAS, the Washington State Legislature, pursuant to the provisions of Chapter 70 95 RCW (Solid Waste Management - Reduction and Recycling), enacted legislation the purpose of which is to establish a comprehensive state -wide program for solid waste handling, and solid waste recovery and/or recycling which will prevent land, air, and water pollution and conserve the natural, economic, and energy resources of this state, and WHEREAS, RCW 70 95 080 requires each county within the state, in association with the cities and towns located within it, to prepare a 20 -year comprehensive solid waste management plan and to periodically update the plan according to Washington State Department of Ecology guidelines that interpret and expand upon the planning requirements of the Act, and WHEREAS, the Washington Hazardous Waste Management Act (RCW 70 105 220 -221) requires local governments to plan for hazardous waste, including used motor oil, generated within their jurisdictions by households and small quantity generator businesses, according to Washington State Department of Ecology guidelines, and WHEREAS, the Kitsap County Comprehensive Solid and Hazardous Waste Management Plan (CSHWMP) establishes a comprehensive system of programs and facilities to reduce waste generation, increase recycling, direct valuable resources away from the landfill, maintain and improve levels of service in the solid and hazardous waste system, including the Olympic View Transfer Station, the Household Hazardous Waste Collection Facility, and Recycling and Garbage Facilities, as well as to continue to mitigate impact(s) of closed landfills, and WHEREAS, the CSHWMP speaks to the needs of all citizens in Krtsap County in regards to solid and hazardous waste management and proposes action to satisfy those needs, and WHEREAS, the Krtsap County Solid Waste Advisory Committee participated in each phase of the plan development and reviewed the drafts of the CSHWMP, and WHEREAS, the CSHWMP identifies costs of carrying out the responsibilities and offers an implementation and financial plan, and i WHEREAS, the City of Bremerton participated in the preparation of the CSHWMP pursuant to RCW 70 95 080 and Interlocal Agreement KC- 184 -08, and i WHEREAS, the City of Bremerton finds that it is in the interest of public health, safety and welfare to adopt the CSHWMP pursuant to RCW 70 95 080, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION]. The City of Bremerton hereby adopts the Kitsap County Comprehensive Solid and Hazardous Waste Management Plan, dated October, 2010, entitled "Waste Wise Communities The Future of Solid and Hazardous Waste Management in Kitsap County " SECTION 2. Severabilaty If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION3. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2011 WILL MAUPIN, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk R U.egal\Legal\Resolutions\Public Works \Solid and Hazardous Waste Management Plan Adoption doc Waste Wise Communities: The Future of Solid and Hazardous Waste Management in Kitsap County SAP COUIyry WASHINGTON Kitsap County Department of Public Works Solid Waste Division Final Draft October, 2010 AVO Li l d'Otl , Ole 41'41 i � ��►�t�w f - t S C 5 Webs ;4e APPENDIX A SUMMARY OF RECOMMENDATIONS, IMPLEMENTATION SCHEDULE, AND BUDGET f Docu,m is ava.;laW on +j" a C;t+t 's we 65i .{.e DATE SUBMITTED- February 4, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51� SUBJECT: Purchase and Sale Agreement Committee Meeting Date: March 9, 2011 for the sale of property at 1116 Charleston COUNCIL MEETING Date March 16, 2011 Beach Road Department: PW &U Presenter. Gunnar Fr driksson Phone- 473 -2354 SUMMARY: Staff is recommending that the City sell the property at 1116 Charleston Beach Road to Crab Shack Investments, LLC for the purchase price of One Hundred and Ninety-Five Thousand and No /100 Dollars ($195,000). ATTACHMENTS: Purchase and Sale Agreement FISCAL IMPACTS (Include Budgeted Amount)- Receipt of sale proceeds upon closing of $195,000 to the Arterial Street Fund. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR. MAYOR: iitt COMMITTEE CHAIR �AL 0 111� COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Real Estate Purchase and Sale Agreement between the City of Bremerton and Crab Shack Investments, LLC For the sale of the property at 1116 Charleston Beach Road for the purchase price of $195,000 and authorize the proceeds to go to the Arterial Streets Fund, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY SALE OF 1116 CHARLESTON BEACH ROAD PROPERTY Summary The City of Bremerton has received an offer to purchase the former City field office located at the corner of SR 304 and Charleston Beach Road The potential purchaser is Crab Shack Investments, LLC The company has proposed using the budding for a retail site geared towards seafood The proximity to and exposure of the property to the highway have placed this site above several others viewed by the company owners Fiscal Summary The City will be receiving $195,000 for the property As the property was purchased for the SR 304 Transportation Improvement Project which utditized Washington State funding, monies received are required to be used for arterial street improvements within the City I City of Bremerton 3 February 2011 Pare 94 , C�sraroesg� MWIM WM RQkL AND WVtMrT WT WAL WrATE !fi oflx 7JrbAe�be�+rs *01dfbr�+ am�ta► per prA► Zgftob- LICIAWALI" iogd&c Nam :: V� 1Yb.�pree�medAan � se�brlba�eessaeeNser�b�upypWmrpg� n 4WM 20 y mtd 2 [: e�'R;. sorer..► MOW) % sell, On" S irr �.�rr■.�a+.�i . r r. ■grrr�rr■r,.,�..�.� mbwf t9nm the o mraam A* astdo and aN knp►arsmetds tlrersor► (0ogsdhrely, yh praparOr' )*WnffNMV 4 kAaANA so JUSA chmi Ek .o .�.... ... -�.... ......,..■rr...r,.■".; In they a �,e'"�` 'e'r�!o -_ - ' ---- . lb be KNS -�tAon k wed 8 Bette of'ldutas!A g 'De u®af soars N mended u AOrsemeM and is Hat the 7 MOM AM* oe 16 in 73don 29 WOW. 8 1• P �/ 1 ..� R " NAW PRICK.' 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BWATB F"90 PURCHASE A IW" AUNT amplad asrrt and alt wd wd �tt�8nbs � Selt�' �t BMW has 239 ate imrw done. euyw reM own iviostng 14. Pte. PRdpamy. 242 aw Thb sale lrt hwn an ftft tft and irttemast of aww to the MowiV peraomati pt+op W. &MM243 W That Pwft Of ft p WON on MW vad In aonnsOm r a ft" ft, wWh seller ws 244 itfee k Bft A4dWum to be fwd b Wo Alm+n" i0ft ten (10) days of PAMW A {Aidtl% 2 not 246 oaartph b4 The WA to t w Paeonai PMPOY shag be $ z= 0f ra to CWJ*4wMMd VIM ff Bt " and E not ,rte ttth' marlaet ue gelam�T py an vy bf6af title tq, but rug the Ofort o� theme p 0"" and shaft L In addldon m ft teases and Vendor Contr by guyer pW"rA to ftagon this ab2ffO Irtoludes ab fight, t0 and Ntterast of Sept to the Mb wAV ► row or Itereatler a itng %a m tnrsped b the Proper t inClttding wlttaut fin: ail 00 .wry, 006 of 60M of egg w off' " In, on. or t h any bK highway, O&OK (oed, ar 'Or in. ark or ass, M ftnt of, or�i3 M9 tiro a6 "a b dwa I i , �254 ant:ftteabW or wlg w Mg worts pmodttct al gov amw M� mft ott+ Mates, pow amens sW 2W ON d6aboi ceases of adwk and ws under coMtads web �� 266 atrohbbE� vow Of other f h =N=M od wilhh tote PMP r; al t> W sea* �poB#b and 257 na aoo " � n w s ► ror ft AdiBmw t of Sty of ins dApft ; any name of or � ,26e ottst� pwfbrmnttrtoe eerviae tmteatos or trade ; and gtw�rrle>es, vaaran�s orb IS. 4X*M MNA?M AND CASUALTY. Seder beats a8 risk of lose uadf c bsing, and Derr of r a tg M Ag BUM MW >s�bow do 261 ifslc a toes. twmbv is e aad obtain tnd te matey i< uis on= � Prof► � cr �► darnagad Neu�siRy patbnt► ofd, or if won procteadRngs area oMwwmd apk* a0 or s pordat of the Property betbro clash ig Cow wm be considered nwlsrfaf ff the asst 264 of trees a amb the lesser of 5100,000 or In pwoent (vs) of the p On okbsd In this App 286 Aft matvt0iy, lluYsr may efieot to Pnooesd WO dmft In which case St insu a und d�l tafw b sayer d286 clahns and right t o pooceedt: under any propsmty insurance pow ► mtd ow to 8tmyer at the i amount of any dsdudbie provided b r In t o pr y, 16. PUMA - TAX tAlt'M GWLDM AT ttLQ►W& Closing A ds M*uded to mpm a W XNA orM NWMI.S Form 72, or Updvalertg that Odbr is not 0 PMW VAIn the meadhg of the FoM%p 270 bwaW wd In Real P Tax Act 8dw agrees to sign 8rfs catlJ�el M if sdter M a 1 n person, and this 271 ft Od Ow* ftm FORM, Aged! k i wVvWd to vd ftM and pay rite nle**W ArrtwtM b ft IntsrW R6vernme Setvbe. 17.00NNSYANCE. TM& Ad be offlwyed by a 23taMtrry W,® WdY E3eed sAJW a* to tits PwwJWd l roor�tiaw. 274 N this Agt+asrrwttt is for aodtvayanoe of Sobeg wWW& IM809 In a Real Estate Cantu, me bubay 1A Dead shalt fnotuda a pOMatot t to oonvay a0sr aomned tine. At dosing, Selig OW 776 shat and dftwb CkWto C OA f=arm Na P&M RIM" and q=Mpbn ApNOMM277 anume d by &W ptssuetrtt 10 $9dM go) and d his 27t 278 1tt. NOTNM AND OF IM unk" ur �!► rare o9r P hr. vr2$p hekted tk 06 (Mdw*q hw of of m and ex*tbm+ofl0rs) nRM ba fn wt . f oes m fla9er OW Lk" tt �t�t one sayer stet n o IN Saw y e► lo Olod as atlaM of no0oes In Seaton 28 of ttk Agtreomnt, A rocs to ter ehdf beZgg dMAromd otty when teoehred by SOW MOM A@4 cr to towwd otiioe of LMV 204 &W must be signed by at ate r and mW be adveeed J* f3pW Witt s OW to t�oerutee vM M t mq• W 1 1_ asst CONAIM M. AND INVM'181fiS+iT MA><. UTATN AUROMROURM PIP 7 d s2 PURCHASE AM OMI A iNM +� Y �pyt l tom/ idsniSfed 88 a Oi 1tO1t0e$ In Safto 28 of this AprGWM* A mWe ba268 Buyer @MII be deemed debvmd onyx when McOked by Buyer, 80ft twee, er pie ftWOW ofilbs of 8dbV2V Lbwm*. SOM Lbwmee mid Agat hwe no tit 10 advies of MOW of a n0ve bwpM ~2M Phoft Me t+ mented per or oauft a of the {a be dei iwW to ft p s a Umes provided In2M A ims and S n eger moat keep l.tMMM and Lb" Agent ad+ ! of theirwhereabouts b2i}0 ►scales P M ► of receipt Of A ncti c- WNW pAriy b A* n en" by a Iteee, Ow tlgt bm must291 bOdelivtMedto and shay be a wires reaehred by go p". 292 Unless a In this Ag *PY WW of fte In thta Agt+wnwd shol mean Psoft Tkne and 293 OW begin go dsy alter the eft stetting ft period And shalt eopre pt M pm of " lest coletdsr day of the 204 specified Period of this, unless the fast day B a Satur+dagr, Sundsy or bo h0ft ae defined In RCW 1.18.bW, in 2M which one the qmcW pwW of *m shot =PIN on the nbt day fled IS not a Satuniey, Sunday or tegal2M hoiideor. Any eked period of fAre ( 4 days or lees Md not ho we mss, sundays or i"m lsdidays. w references tb qodft dOw or times or mrnber of t Mean those d os, 208 288 18. AtVta M f�tSGt.oastllRR. At the amine of tft9t Agroment 800 301 represerlled = �- AB�t 303 mrseenm if Soling Liae»eae and Lbft Agent area dilrogtt eatespomM eil> bW w&h the eo* sm*er are dual ag proker, w" 8ett8r and 3 am Buyer oottfinn q+eir cateent t+a 8roloer Ao0ng as a duet agent it weft s and Liar Agent era the sams 806 t n m"Kng t h $ten Seller and Buyer oarft their canesM to that person and his w gmW3W7 a lea agents. >! $s n; Lioe�ee, UOM ApK or fife$ enda, fm Sew and 806 to se" LWNN06 Us" Agent and first► O tGer b ft corm tamed on a page of 3d9 p oft or as olherwtee di ed t of A on sn s1mMad addsnd=. and en t3a corNNtn prtar t>ta of X811 p®rrtpf►tet tltl *Us Lola Read penq. Z • MW 11 MW not (r " not, It not Mnpte" Oft A� or ft rights 312 hKeur4W, wfthwA 8e1� p pr UWMM corwam anises PM Me -1 oth rmn herein. It ft "nit o at is 818 s�eteolsed and >he wards "AOd�or ass>gns" or sknr wads W9 aped 10 ldrertlgr the Buyer, then ibis rrtay►814 assigned with nnslae to 8e8er but wAhout 8�r's oa>meM +only tq an �ttl wh�h is cadrotied for by or under815 Commatt 110 w ol w h the Buyer identllied In this Ate. � �� requires ssbft oatsenL The 818 Pre41► sd as the bihial 8tgrer sliutp remain responsible of Buy+ stem In this Agrsantat nabrr8hemndhg any s nrruutt and, If this Apreent"pvAdee for 80w to tinnnae a poron of the p nomss818 price, them the party► kMnt sd sa the tnklel Buyer strati guarrettee payrt " of the SBtar mmwm 919 21. ONFAULTAND ATrMM njL 320 4 defer& fn the �rerrt &4W fit, watt * Iegat eg6MM% to oomph the puro atme PMPerbh thest fS SONK MY bm*tft ft Agnow mat and foeep the money as p**kMd ft as " sofa OW US eo a ea 00 en►amme 1D $� !br audt or tl�ie Se* OW, G ft OPU (a) i NOdrate #0 Ape merit end keep as &# a the Money as 3n ta) MoOdy avabbbs 10 Seger for suab &&we, (b) � tqr +$ atw 826 e or rennedies ata this and recover arty �t dam, or (� pue rrnslm►e al flow t1<lUM tit t �• r�sa�• G t t F0024 --��Vdlnsmv CO AND DEAL WTAU ALL PABWAM O MTB POPSON AND SALE AC 1lNT colmumd ZL UN00IrANEOUB PROV8;1Dl1Sr 344 lnmmw Rf data 1�1?�t/1A RM ! FR• / - 1 t ninon• i n►a.a OP-Le nr►+.70Annr sl »lao► "all 0 n► all •snn► From:Reid 8 3606924160 12/28/2010 14:26 #413 P.010 /01 •lid t LW ...." °"' is '�b0'd BIHI Ol a3LV7� IXVl OMV'I�IE»'1 �N3dN3dtdNf Ni:ISI eon 01 MOWN MLWW 3WV a NY VW9 .VW M nre amv Hamm ano som i ul1A.LSIS11;1► of a'"" (B"I mm 3wmN3 dl C1mm Now o/ mns aw iwnm *Nnwmw agwo %K 9E*W 0 OMW)' MI CWMLVW Opp, NO &'Otll�ll VN X O ISNOS>Rd MWVSsa i! A IMMM bbl ONNI ONIQ(MM) SMVI SiO1/a1U" HAM Sole "my 'qitl wmN %"NaZ "LV3dOVd 3 "L Y+10t1.VJwai AnoHmm Oft 'JlMMM Wa a ON11V M RaJJJ VM flQl► a3HW NO 'S1NSMOU S ONU.VMdO Vo 'SNOWS '&LWAH IMM1i X9 CM $MONMW aar "ONVW 04VM " WO MWII 'INOMWIPi m#U, dO 103 JA X31 N L MMONOC Wv NOkLVO11MMAMI JMUN IN1 MV Gaw aO SMINVINVM VO BNOLLv1N38mkm AW 30W Ocw l.ON OAM ono a (I NV'Imm ONU,On inym aNmn 3Ht `�'MR No � QL ONIJ WV 68$ M CrdSO CI a AAWMU OW I A�vy 6 ......�r.� ....._.,..._ . _ - - - . :rom:Reid Realestate 3606824150 12/28/2010 14:27 #413 P.011101 AWU -CAA I law ;owl -VOW H mom "W408 • msa My ` ;MUD\ r �.7 ./►�'•J - m u "d arm MVO4dsWW • „J e .Nw s .y��yq�� • 'n qwo 1�� fl BW�S ��ld N :et�oyd s6g4Y�! �Id 8 Id �ul�e �i�J X03 lege� ash 09 W PAW J% WPWJ*4 PWW* 6% ®! MOW" X11 *=Wd sKL d0 NOLLV�a1dI1d�C3� log V 8'tii'S aNV �$VH�t1d SLOoIOiL�4! r7.t.Y1m'1V" 0NlV 7Vg1Y00 PPWAMMO L,d0�'686� i4A�a�► sae UANW Fo110 6roNetsAlteoOa!!on p 8 Bas CiD CIAL AND W11IR87ylENT 1041. ESTATE Ail i 18 MMM"E AND SALE A EIyT GWAWd IN WITNM YMEREOP, the PWOM im s>a W #ft AgmmMd Mill m be b=W. der C V • 8uybr Dade e4rsed e ...aL&L. sat • ototO clef$ owed adw B illow soft soft wsmi PRO S� l 1e�( a L r e� �► �� o �' t i S T�rvVlgS �, f�C.e, v�1 ev%4 I S s -Jbt& +o A- a- vvt,� eQ, T —now IZMG— 6o001eott�lo0ler►Pronrre NI mo iteN.7Hp POW 1 01 EARNIMT MDWV PRDMt "ny WM 1 1 1 -- fiamd �y1i iii�Iii� \ .I�iW.1.r I FOR VALUE RECEWA Ak j Ww d mMft �+ ar�.W 2 ape®(s) t0 pay by ifta ceder of (S00hE FIIM Or Cloft Ai l 8 the aunt of DOlars 4 ..,) A9 fblwo : $ O " $ tbwbg MMW smq*dm of the Pumhm and Sale Ate, 7 8 amdg Thta Nate M ovklence of the abNGVDn to pay ES Mest Money under a nW eshft Purchm" end 8 Sale AOeerrtertt bom en the euyw and dated M 2Qio ..._.,...._.. Cam) 8 l sa shaMa ehpp cmmft ma R on SOM Pith WW Sa nt pal/ the n IN NOIL l0 Agr�ment Name. 11 It tMs NOID shall be Planed Ingo hanft of an now" for ONNObN Cc E suB shah bs bVUPMIO ooBBd12 any Of the 60anoe due on this Nome, ilia Buyer W=k" to pay ma moa aborneW fete, dnd ag18 ox m and aopeoft ovate. 14 Dala: 15 ✓ C s't 16 . BUYER 1T ""On ' or sbttllar Mat R lr1M reoomtttended.11se a dei8lime date, 18 kbAgkWM Of L AddeadWTt Or UTLfnes ALL �R� a?K*9 PAIL 7110 p"O 1 of i ADflt�IY �� Um mD ItgA AINULWAM Frio tftwoV io tilt of the Pum Wo and take AQPflsrll g d9W _ D '.i bw 2BaliQnRr ww bElmm Cowen 2 and Eb dnomxdm , . ,........................._ c a 111II cm BO 8 44W - , Bmmw*m wirw.w.www�•rar• W• 4 Pumod to RC-W 80.80, MW ww Ift tha Ob tg Agttrtt to der the dlabur+mrtteltt of do* g Lv* a to trf y the P I. The naves and addMOM d ON ORM piovift e aettrioe 1a the PfOWAV and hM* NO dghb we as tbpowm � WA'iSR 0RnVJOr. 8 Rom 8 SEUM Dig! Or. 1d REM 71 12 IRRIOAVM fSB'rRICT. 14 18 OAR8AGS 16 17 Emi 16 am ter, 19 �vns 20 21 22 Nirw 23 24 spom W W 25 tlocal filMrovtanl� of bowl �t dtemrlots) 28 27 28 If ilia above b onywoon has not been fiW In at 00 time Of thuMI eoa ras of this Agresmern. then (1) wWdn 28 days ($ If not liaed ht) o< mttaad rW a/ Whirs AgreerrreM, Bailer ohd p wAb the Lb" &viper or3c 991 ft &olw with Vie homes and addmean of aN u108ity providers !>evtng p �S1 9uyo r sr W Oder auft*e Lh tg gmkor or &otaer �a inrtert boa Ih Addendum Nte trenres and of bm up► FGVwmg >d ad by %at. t Nothbrg h this Addo dum suit be owobrmd to din*doh or alter o $deft oblWW 10 S8 �i (b dWLV ur ad dm mg & �s of the Lftw l om So" & ttetr are riot re�por� gg W ftmm paYlnemt d, S8 r,rillat�• arnrr rte• w„�.n r rq• rte. ,n.n.n• n8 a.• w�,•L� n.n�.n•r.•.� nn..�.wwwww n�ninwir.w.. ...w... «.w. Hwumed ames � Few 22D Ad ALL Pala t aht , O P � E CLA M � TO lha btimft b pact Of the PurrHe OW Sale Awavrmt dried •,�w�+242910 between rrmb am* •r'rr�r+.www+wrnnnrnnr�.wrr.� _ — _- . wan .M . ir.r.w..Mrw.sww..�wi�r .rare t VMPd /'1. 4 Ci1SC!( IF INCLUDED: 8 1. M '011imThe Lkft BMW and song 8n*w rm to no +�eprst bone g oona�nbhg. ta) the lot em or the sm rer�r of any fifonhhallon provided by IAe Salter (b) the re ihotege of 7 %W 1110 to If ad Prop to r Me we OW 101M a ad 110M vWm;vv row. bangs) on e fl ®ncrottohrnerots own , P Buyer vised buall botrege and 8 Buy $ wlfhbt the mopmm co ongaw� i *0, squall 1 7L O ftndsrd 1%M Oamea Policy of TIM bWWm"a, Noiwtih9lafrdtr* the °Fife l mu"l W d&jm in the 11 Agreemetht twt provides for the Ihen•a mm ALTA brm of Homegwne % ftft of Trae i6ethrtm Boller 'i Owmeft ft" of Tak W"f's lender or Clow ft*% at ftbft eocpenM 10 br Ibe #We=MM ALTA form of 18 endorse fab eee PMMCft If amf inANloe� proton i4 HatreoMmee t; Puftgy of Tub tneuranoe. ° t?bohhn fire Thy ietshrrarehe t�ahhpany relhel' am the 16 18 a O Tt11a hhe*leanee. MotwalhsbertdlrD the'" OM Ine<ere W clause in tide 17 proWdes fbr the tfren- UM4 ALTA fMn of Nester'$ POW of T09 frhavrmA erhyer" s f �a�Cbrlrh8 ft 18 he l P to b OWy for ann ALTA or mmper�ble odver�e pGliay a tide ttosuranr renter !loan 19 S cwkW br In rite purrAase and ssb eegraernant, BmW p ft bxnmed Goofs areoe "m ?.0 w1b ate aftrhded cau mp p"W kK*A g one" p cm that charged for the policy Pfd fa d 20 the aetd Sake opreernw t and the cant of any mn" WpW by dw d" irreurer. 4, fE Phopa!!tt And Mid. UnN poaseeeioa is teWMM(red by BUW . Seer eyrees tp eaeiehtrdn the 23 P b the same axWOoa as when WINNy viewwd py 8nysr. The bemo "PrppeW toe bu**V(sk 24 or nw&mftn and cliher systetne. and all irhaweed tlerors. 9hottM aro app>imrce or sysbeeo 36 prior to tranwvr of pp >tellergpm b mp*, or rye the as same wth an appiW" Gr system of at t equal qua. Buyer reserves the tight to retrNOW the Pr+pPariy 27 wltldro 0 days pr b berAfer of poeeessioet io t the be+ p ft BhyW ad Seder wdmftW and ogres 28 t3et W9 b a ride �� soft r v rrot t � any drour uo�e� be tyke for the fonegniro8 so 0. ■ Noma; LeA SOW. Any p p WOW. lbcblhrae or other ids r+e r hh:s the Ptopeety when 81 pope b b N W SW thOWpon become the ptppetV of the MW, and n" the riined at 32 a debts tubb 1h ' � ag" b °fin the -1101 ! ns of any and 33 Property p►iorto BWyertei poeseewbn. 34 th ® Uilliaee To the taeret a seiler"e knowled� t3elier repreepeeb fhb the Primly b d b t+: 35 a 0 a t O Wd (specify 4p) -- -- • 35 O �" tsPOW prWjWO O nathhral gee; © fabpfionei 37 O Oft* � � D other .38 h nhnrtrh� - rh+tk• i�nrene xer r t:Q• nom• t t t ---------- relri = OpNane� �oumes Addendam 2d2 OPTMNAL CLAu$n Aowj"tA To ALL � PURCHASE a me Acitmun ftmom 7. Q heated - Nm CwmMAWp. f this is nsw ate. F Trade OcmmiWelon RequMOM requho 39 the bflowing to by fled In- N InsuWW h" net Y*t bin 6010*4 FTC mpletiarm mgWre t to A MNM 40 ft � below In as soon es � 41 WALL INMATtON. TYPE: THICIGIES& R- VALUE: 42 CEILING INSIAATIOW. TYPE; THiCKwt68E: RvALUL as OTHER INSULATION DATA 44 6. O Lamsed Prop o*. gayer w�,y adlnawled68�s twct IeASes !ha its of personal p 'Qr. 44 pass on of I p to Buyer on Ci ov. Q p QFm Wk O e*pu* a VWX 13 ad dite dish; 13 cower 47 8 homim loam and sny W"r � M or °"s Of 1000% end MM 48 9 Thom tlm iegool. 49 S. O otwOr AeaootaHorr ftvhw Period. If the pm" is Mod to a hp"" sw Ott or any 6C t t� the 880o0r euylar s copy of iwe 1b�wir�g domm" (if sw* from om 81 Awn) wkwin........,,.. dop (10 days 9 to f1)e0d in) of mutual 8MVMrmW 62 1. AssoolsW mles wW mph. Md, , but notpn ted b anq Ems; ee 2. AseodWm mesbng mbttdes *m the prior two (2) years: S. A 6drdicn Dowd of Dko*m m mUuhm * m the prior sk (e) months; And 66 4. Association sib mwmft from ate pft t" try bg if Buyer. in Buyer's sole dp M&ion, do" not 6NG nott of dseppro"I toln.. � (6 � � nat 69 tilled In) of t+e og of I* above dooume * or ft deb VW the fox" daxrtneMs a then twre Be �� M I DWI oor ly be deernad �,�}, N 9 ?m mneh► 69 ntanall oer, r,allona am Sarrsast t ► be neflmdW 00 :a 13 fthMed ftn Tft b& s), ONAt Would oa+ win to k to me &ft of me p b si Of the ��,ded� I s ' MW t�epelr any fa tllb P4rope V aau sod by fM 09 "a). Qootudsd tiem(sx 03 64 fit• ti�enaN T"WWanterdW Smas 0WW"%ft" of any low s�ned s•rnlaU transn�On� shag be the as an � and retransnr�siori of any 8d both BMW Old pkm or b m �d' d+at the cloprrrrAnt is sent to 87 Me n9q�t � e p or owe Closing �R � P6m st title s� below. At Se an end doown" parges wiR e.'onRrm 000 trend by 80 70 smv maw Dil'O E AddflDe3' ""' ".. 71 Wbodamm on rmn Aumort�en Prrnefl Addrs ..... 72 Udft 12.6;1 COW. tl0ar�viE rdvide 78 P 8�q►er�vith quad rill of � I dad p s�'mining to 64 =blest In+epsrriy min 9 tu�llotr decamp 74 tiles tla►vs be6A *W de mtbjod bad aadop+pmd �! 1B 78 !hma1w At WFR• mil . flaM .1R11A lR�I r FR• 77 flwAia' � f! IIn.it0% 1 n.A.a nn•i.1 nfn7rn7 171 nnI+. 7Qnnnp Att>'1591raA'kl RIAlt•1U01 1116 Charleston Beach The attached Real Estate Purchase and Sale Agreement between Crab Shack Investments, LLC, and/or assigns, as Buyer, and The City of Bremerton, as Seller, of the property commonly lrnown as 1116 Charleston Beach Road near Bremerton within unincorporated Kitsap County, and - having Kitsap County tax account parcel number 2224014- 126 -2002, is revised and continued as follows: 1. PUCHASE PRICE. Paragraph 1 is modified as follows: The purchase price shall be adjusted to One Hundred Ninety -Five Thousand Dollars ($195,000) to be paid to Seller at time of closing for this transaction. 2, CITY COUNCIL APPROVAL. The Bremerton Municipal Code requires that the City Council for the City -of Bremerton formally approve the sale of certain real estate owned by Seller, including the Property. This Purchase and Sale Agreement is therefore conditioned upon the formal approval of the City Council of the City of Bremerton. Seller agrees to present this Purchase and Sale Agreement to the City Council for approval no later than 45 days following mutual acceptance of this Purchase and Sale Agreement; Provided That the City Council is not obligated to approve the Purchase and Sale Agreement and Seller makes no promise or warranty that the City Council will approve the Purchase and Sale Agreement. City Council approval shall mean this contingency has been met and removed as a condition of purchase from this Purchase and Sale Agreement. City Council rejection shall mean that this Purchase Agreement is null and void and herein receipted earnest money shall be returned to Buyer. 3. UNDERGROUND POWER. Prior to opening of their business at the subject property, Buyer agrees to install the electrical service underground to meet Puget Sound Energy's private property installation for a commercial service. This commitment shall survive closing for this transaction. 4. COMMENCE RENOVATION. Buyer hereby commits to commence with renovation of the subject property for their intended business use by no later than 6 months following date of closing for this transaction. This commitment shall survive closing for this transaction. Initials Date t I 5. HOLD HARMLESS. Buyer is aware that the Property has a history of groundwater contamination as idehtified in a December 30, 2010 memorandum from Gunnar Fridriksson, a copy of which has been provided to Buyer. Paragraph 12 is hereby modified to be consistent with the December 30, 2010 memorandum. As partial consideration for the purchase of the Property, Buyer purchases the property and improvements "as is" and agrees to hold harmless the Seller from - any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments, and expenses and costs, which may be imposed-upon or incurred by Buyer, or asserted against Buyer by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date whether known or unknown. This provision shall survive closing, 6. ENTIRE AGREEMENT. Paragraph 12, subsections (c) and (i), Paragraph 23 and Paragraph 26 are hereby strickenjuid are not apart of this Purchase and Sale Agreement, All other terms and conditions of the 1 Agreement shall remain intact, except as modified by this Addendum, 7. OFER TERM: Seller's counter -offer to Buyer shall automatically expire and this Purchase Agreement terminated if not accepted in writing by Buyer prior to 4PM PST Monday, January 17th, 2011. Approved and Accepted: WYWK ab k I ie ts, LLC Bruce H ey date SELLER: City f Bremerton _Contact Informati on ' 100 Oyster Bay Avenue North Bremerton, WA 98312 Vincent 0. Akhiirue date Director of Public Works and Utilities Point of Contact is Gunnar Fridriksson WK (360) 473 -2354 EMAIL gunnar.fridrilcsson aaci.bremerton.wa.us I Exhibit A 'LEGAL DESCRIPTION Address: 1116 Charleston Beach Road Tax parcel: 2224014-126.2002 All that portion of the hereinafter described Parcel "A" and parcel "B" lying westerly of a' line described as follows: Beginning at a point opposite Highway Engineer'g Station (hereinafter referred to as HES) 50 +76.02 on the SR 304 line survey of SR 304, SR 3 Interchange to Montgomery Avenue and 66.19 feet northwesterly therefrom, thence northeasterly to a point opposite RES CB 10 +61.88 on the CB line survey of said highway and 46.59 feet southwesterly therefrom; thence northerly and northwesterly along a'curve to the left with a radius of 44.96 feet to a point opposite HES CB 11 +02,91 P.C. on said CB line survey and 20 feet southwesterly therefrom; thence northwesterly and southwesterly parallel with said CB line survey to a point opposite HES CB 14 +00 and thie6hd of this line description. Parcel "A That portion of the following described tract in Government Lot 2, Section 22, Township 24 North, Range 1 East, W.M. in Kitsap County, Washington, lying Northwesterly of Primary State Highway No. 21, as conveyed to the State of Washington by deed recorded under Auditor's File No. 307791 and lying Southerly of the Old Navy Yard Highway; Beginning at a point on the Southerly margin of $aid Old Navy Highway 1.02 feet East of the intersection thereof with the North -South centerline of said section; thence Northeasterly along said Southerly margin 1,038.09 feet to the True Point of Beginning; thence South 52° 00' East 652.64 feet to the inner harbor line; thence North 56° 49' 48" East along said inner harbor line 73.96 feet to a point 207 feet Southwesterly, as measured along said inner harbor line, from the intersection thereof with the Southeasterly production of the Southwesterly margin of McCollum Avenue, as delineated on the face of the Plat of Anderson's Bay View Addition to Port Orchard, according to plat recorded in Volume 2 of Plats, Page 43; thence North 48° 33' 15" West, parallel with said produced line, 713.04 feet to the centerline of County Road No. 154 (now vacated); thence Southwesterly along said centerline 119.43 feet, more or less to a point which bears North 52 00' West from the True Point of Beginning; thence South 52° 00' East 92.50 feet to the True Point of Beginning; together with the Southerly 15 feet in width of the Old Navy Yard Highway, as vacated by order entered in Volume 6 of Commissioner's Journal, page 457. Together with portion of vacated Charleston Beach Road as described under Auditor's file number 201010060299, which attaches by operation of law. Initials VA Date l t t t Parcel "B ": That portion of the follow ng described tract lying between Old Navy 'Yard Highway and the new State Highway No, 21. Part of Government Lot 2, Section 22, Township 24 North, Range I East, W.M„ in Kitsap County, Washington, and of Block 21, Charleston Tidelands, described as follows: Commencing at a point on the inner harbor line where the Southwest margin of McCollum Avenue (extended) of Anderson's Bay 'View Addition, located in Smoot 2, Section 22, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, intersects said inner harbor line; thence South 56° 09' West following said inner harbor line 207.00 feet; thence North 48° 41' West, parallel to the Southwest margin of McCollum Avenue (extended) to a point on the Southerly margin of County Road No. 154, thence in an Easterly direction meandering the Southerly margin of said County Road 240 feet to a point on the Southwest margin of McCollum Avenue, which point is 60 feet South 41° 19' West of the Northwest corner of Block 5; thence South 48 41' East following the Southwest margin of said McCollurif Avenue to the intersection of the inner harbor line and the point of Beginning. ' This triangle is more particularly described as follows: Beginning at Centerline of Summit Avenue and the Easterly margin of McCollum Avenue; thence South 48° 41' East along Easterly margin of McCollum Avenue and produced for a distance of 229.03 feet; thence South 41 ° 19' West 260 feet to the initial point of this description; thence North 48° 41' West 3 3. 10 feet; thence North 69 26' East 81.73 feet; thence South 45° 40' West 72.44 feet to the initial point; TOGETHER with vacated portion of Charleston Beach Road as described under Auditor's file number 20100060299 which attached by operation of law. Initials Date c t DATE SUBMITTED. AGENDA BILL CITY OF BREMERTON CITY COUNCIL •• eeeeeeeeeeaeeeeoeeeeesee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeee■ SUBJECT: Award of Construction Contract Committee Meeting Date: 03/09/11 for the demolition and construction of a COUNCIL MEETING Date: 03/16/11 pump house and roof pad, Park Avenue Department: Executive Plaza Phase II project at 4` Street and Presenter: Gary Sexton Burwell Avenue. Phone: 360- 981 -1025 SUMMARY: Award construction contract to demolish existing pump house at NE corner of Park Avenue and Burwell; to excavate and construct underground pump house and rooms for two PSE transformers; to maintain pump station fully operational during demolition and construction; and to construct roof pad for future retail space in conformance with sub area plan. Award bid to low bidder, Serpanok Construction, at a price of Four Hundred Sixty -nine Thousand Dollars ($469,000 00). _ --'> we-rA 0 Pc,waot 3 - _�5 -1 I . I t,.30 be d5 of-CA S`oo-A c.)k_-. l «w a. S t r_e� P 0y . 5 t bla 1C, ' TkA C -.A r 1 0 , 0 wtk-. s T, nM Q.� a,n CJr -sir u c sn �a % --FS 1 000 . ATTACHMENTS: Construction Agreement. FISCAL IMPACTS (Include Budgeted Amount)- Work is Phase II construction for Park Avenue Plaza with funding from EDA grant and City matching funds APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY. FINANCE DIRECTOR - MAYOR- COMMITTEE CHAIR COUNCIL PRESIDENT. C' -- �� CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move that the City award the construction contract to Serpanok Construction in the amount of $469,000 00 (Four Hundred Sixty -nine Thousand Dollars) 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 CITY OF BREMERTON BID TABULATION BID Park Avenue Plaza Proiect - OPENED TITLE Pum house gy DATE TIME 300 RECORDED OPENED March 8, 2011 OPENED BY NAME OF BIDDER Base Bid Alt 1 Alt 2 Und Price 1 r� K(I Sr ?8/ oov °O �C7 eCo' - o SUMMARY APPARENT LOW BIDDER SCXR Engineer's Estimate * SECOND LOW BIDDER THIRD LOW BIDDER PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City "), and Serpanok Construction, Inc. ( "Contractor"), whose mailing address is 4519 S Orchard Street, Tacoma, WA 98466. The parties agree as follows. 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City in accordance with Contract Documents as listed in 13 below. Scope of Work as noted below: A. Creation of underground rooms to house relocation of pump house equipment and electrical vault for use by PSE. Note sewerage pump operations to remain in operation at all times. Removal of existing electrical switch gear and transformers to be coordinated only after electrical vaults are fully operations and under the direction of PSE. B. Provide design -build contractors for plumbing, HVAC, sprinkler and electrical work Drawings show concept only, design - builders are required to provide code required design and installations. C. Existing construction of garage will continue during work of this phase Coordination with existing contractor is required. Weekly meeting between contractors will be required to coordinate operations Lay down area and work areas are limited, Contractor may need to rent off site areas to support construction. D This is a fully operational sewage lift station, it is operational 24 hours /day 7 days /week A sewage bypass plan needs to be submitted to keep this pump station operational at all times during construction. Coordination with City of Bremerton Waste Water Division for by pass implementation is required. Contractor to assume all responsibility for the station by pass operations. 2. TIME OF COMPLETION. Contractor shall complete Phase One of the work within seventy-five (75) calendar days from the date of issuance of the City's Notice to Proceed Contractor shall complete Phase Two of the work within forty-five (45) calendar days from the date of issuance of the City's Second Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $ 469,000.00 (Four hundred sixty nine thousand and no dollars), plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Page 1 of 7 Serpanok — Pump House Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B Retainage The City shall hold back a retainage in the amount of five percent (5 %) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. D. Contract Price. Contract price consists of Base Bid of $460,000 plus Allowance for removing concrete slabs or concrete walls not documented in Construction Documents (calculated as follows 20 trucks at $450.00 equal $9,000). 4. INDEPENDENT CONTRACTOR Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub - contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub - contractors 5. TERMINATION. The City may terminate this agreement at the convenience of the City 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. Davis -Bacon wage rates are to be used for this project. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest Page 2 of 7 Serpanok — Pump House A Contractor's Duty to Compete Protested Work In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered with the retained right to file a claim. 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit ansing from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanslup and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, ansing out of or in connection with the performance of this agreement, except for injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4 24.115, then, in the event of liability for damages ansing out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Page 3 of 7 Serpanok — Pump House The provisions of this section shall survive the expiration or termination of this agreement 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the protect described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to- blanket contractual; products /completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. 6 Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination In the hiring of employees for the performance of work under this Agreement or any sub - contract hereunder, the Contractor, its sub- contractors, or any person acting on behalf of such Contractor or sub- contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation Page 4 of 7 Serpanok — Pump House discriminate against any person who is qualified and available to perform the work to which the employment relates B Compliance with Laws Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement C. Work Performed at Contractor's Risk Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law This agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F Attorner�s Fees To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement G Written Notice All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void I. Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor J. Severability If any one or more sections, sub - sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not Page 5 of 7 Serpanok — Pump House affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K Entire Agreement The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement This agreement and any attached Exhibits contain the entire agreement between the parties Should any language to any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. 13. Listing of Contract Documents: A Instructions to Bidders B. Form of Proposal C Scope of Work C General Requirements D. Drawings. GO.1 - Cover sheet, D1 1 Existing to remain; D1 2 Existing to be relocated, ALL First floor plan; Al 1 1 First floor plan with existing features, Al 2 Roof plan; Al 3 Section; AIA Equipment Plan, Al 5 Lighting Plan, SO 1 Structural General Notes, S 1 1 Foundation Plan, S 1.2 Roof framing plan; S 1 3 Schedule & Details, S I A Details E. Addendum # 1 with associated drawings, written questions and modifications F. Addendum # 2 with associated drawings, written questions and modifications 14. Contract Requirements: The following documents are hereby incorporated into this Contract - A Davis Bacon Wage Rates. B Lobbying Certification C Affirmative Action Letter D EDA Contracting Provisions Page 6 of 7 Serpanok — Pump House CONTRACTOR THE CITY OF BREMERTON Print Name Print Name. Patty Lent Title: Title: Mayor DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR. CITY OF BREMERTON Atten Gary Sexton 345 6 Street, Suite 600 Bremerton, WA 98337 (360) 981 -1025 (360) 473- 5278 (facsimile) Page 7 of 7 Serpanok — Pump House rage i or b GENERAL DECISION: WA20100052 11/26/2010 WA52 Date: November 26, 2010 General Decision Number: WA20100052 11/26/2010 e rr',", �La6•y�_ -- . Superseded General Decision Number: WA20080052 State: Washington Construction Type. Building County: Kitsap County in Washington. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) Modification Number Publication Date 0 03/12/2010 1 03/19/2010 2 07/02/2010 3 07/09/2010 4 07/23/2010 5 08/06/2010 6 09/24/2010 7 10/08/2010 8 11/26/2010 ASBE0007 -002 01/01/2010 Rates Fringes ASBESTOS WORKER /HEAT & FROST INSULATOR ...... ... .. . . .... .$ 38.93 13 75 ---------------------------------------------------------------- BRWA0001 -010 08/13/2010 Rates Fringes BRICKLAYER .. ....................$ 34.55 12.17 ---------------------------------------------------------------- CARP0770 -021 06/01/2009 Rates Fringes CARPENTER (Including Cabinet Installation, Drywall Hanging, Form Work and Metal Stud Installation) ... $ 35 39 13.08 PILEDRIVERMAN . ...... ...... . .$ 35.59 13 08 (HOURLY ZONE PAY. WESTERN AND CENTRAL WASHINGTON - ALL CLASSIFICATIONS EXCEPT MILLWRIGHTS AND PILEDRIVERS Hourly Zone Pay shall be paid on fobs located outside of the free zone computed from the city center of the following listed cities Seattle Olympia Bellingham Auburn Bremerton Anacortes Renton Shelton Yakima Aberdeen- Hoquiam Tacoma Wenatchee Ellensburg Everett Port Angeles Centralia Mount Vernon Sunnysi.de http: / /frwebgate.access gpo gov /cgi- bin/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100052 3/9/2011 ragc ui v Chelan Pt. Townsend Zone Pay: 0 -25 radius miles Free 26 -35 radius miles $1.00 /hour 36 -45 radius miles $1 15 /hour 46 -55 radius miles $1.35 /hour Over 55 radius miles $1 55 /hour (HOURLY ZONE PAY: WESTERN AND CENTRAL WASHINGTON - MILLWRIGHT AND PILEDRIVER ONLY) Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center Zone Pay 0 -25 radius miles Free 26 -45 radius miles $ .70 /hour Over 45 radius miles $1 50 /hour ---------------------------------------------------------------- ELEC0046 -006 06/01/2009 Rates Fringes ELECTRICIAN... ... ... . ......$ 40.81 3 % +15 71 ---------------------------------------------------------------- ENGI0302 -021 06/01/2009 Rates Fringes Power equipment operators. Group lA .. ...... ....$ 35.79 15 15 Group 1AA. .. ....$ 36 36 15 15 Group 1AAA . . . . ....$ 36.92 15 15 Group 1.. .... . ..$ 35 24 15.15 Group 2.. ... ... $ 34.75 15.15 Group 3...... .....$ 34 33 15 15 Group 4...... . . ... $ 31.97 15 15 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1AAA - Cranes -over 300 tons, or 300 ft of boom (including fib with attachments) GROUP 1AA - Cranes 200 to 300 tons, or 250 ft of boom (including jib with attachments), Excavator /Trackhoe: Over 90 metric tons GROUP lA - Cranes, 100 tons thru 199 tons, or 150 ft of boom (including fib with attachments), Excavator /Trackhoe: over 50 metric tons to 90 metric tons GROUP 1 - Cranes 45 tons thru 99 tons, under 150 ft of boom (including fib with attachments), Excavator /Trackhoe: over 30 metric tons to 50 metric tons, Dozer D -10, Screedman, Scrapers 45 yards and over, Grader /Blade GROUP 2 - Cranes, 20 tons thru 44 tons with attachments, Drilling machine; Excavator /Trackhoe. 15 to 30 metric tons; Horizontal /directional drill operator; Crane Oiler -100 Tons and Over, Compactor; Scraper under 45 tons GROUP 3 - Cranes -thru 19 tons with attachments, Dozers -D -9 and under; Motor patrol grader- nonfinishing, Roller -Plant http //frwebgate access gpo gov /cgt- btn/getdoc cgi Davis- Bacon &docid= WA20100052 3/9/2011 rage .3 or o Mix; Crane Oiler under 100 tons, Excavator /Trackhoe- under 15 metric tons; Forklift: 3000 lbs and over with attachments; Service Oiler; Concrete Pump, GROUP 4 - Roller -other than plant mix, Forklift- under 3000 lbs with attachments, Bobcat ---------------------------------------------------------------- * IRON0086 -010 07/01/2010 Rates Fringes IRONWORKER (Reinforcing, Structural and Ornamental) .. $ 37 67 19.60 ---------------------------------------------------------------- LAB00001 -017 06/01/2009 ZONE 1: Rates Fringes Laborers. GROUP 2 ..... . . . . .......$ 24.86 9 07 GROUP 3..... ... . .. ... $ 30 96 9 07 GROUP 4. ... ... ..... $ 31 70 9.07 GROUP 5 ......... ... ... .$ 32 21 9.07 ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES). ZONE 2 - $1 00 ZONE 3 - $1 30 BASE POINTS: BELLINGHAM, MT VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT ANGELES, AND BREMERTON ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall LABORERS CLASSIFICATIONS GROUP 2 Flagman; Fence Erector GROUP 3 General Laborer, Mason Tender - Cement /Concrete, Chipping Gun (under 30 lbs ); Form Stripping, GROUP 4- Chipping Gun (over 30 lbs ), Concrete Saw Operator; Grade Checker, Gunite, Pipe Layer, Vibrating Plate, Asphalt Raker GROUP 5. Mason Tender -Brick ---------------------------------------------------------------- PAIN0005 -029 07/01/2009 Rates Fringes DRYWALL FINISHER /TAPER .. $ 34 31 14 18 ---------------------------------------------------------------- PAIN0005 -033 03/01/2009 Rates Fringes http //frwebgate access gpo gov /cgi- bin/getdoc cgi Davis- Bacon &docid= WA20100052 3/9/2011 rage + or v PAINTER (Brush Only) .. .... $ 20 82 7 44 ---------------------------------------------------------------- PAIN0188 -005 07/01/2010 Rates Fringes GLAZIER.. $ 37.55 13 00 ---------------------------------------------------------------- PAIN1238 -002 07/01/2010 Rates Fringes SOFT FLOOR LAYER (Includi.ng Vinyl and Carpet) ........ $ 28.41 12 55 ---------------------------------------------------------------- PLUM0631 -003 06/01/2007 Rates Fringes Plumbers and Pipefitters All new construction, additions, and remodeling of buildings where the plumbing and mechanical cost of the project is less than $100,000 . .. . $ 27 39 11.18 All other work where the plumbing and mechanical cost of the project is $100,000 and over .. .$ 34.90 15 32 ----------------------- - ---------------------------------------- ROOF0054 -009 06/01/2009 Rates Fringes ROOFER (Excluding Metal Roofs) .$ 28.62 11.43 ROOFER (Tearoff) .. $ 28.62 11.43 ---------------------------------------------------------------- SFWA0699 -006 07/01/2010 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) ... .$ 44.94 21.55 ---------------------------------------------------------------- SHEE0066 -025 06/01/2009 Rates Fringes Sheet Metal Worker (Including HVAC Duct Installation) .$ 38 19 19 79 ---------------------------------------------------------------- SUWA2009 -025 05/22/2009 Rates Fringes CEMENT MASON /CONCRETE FINISHER $ 19 54 3 17 LABORER- Handheld Drill .$ 17 17 5.36 LABORER Irrigation $ 11 58 0 00 LABORER Landscape $ 9 90 0 00 http //frwebgate access gpo gov /cgi- bin/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100052 3/9/2011 rag Cauio OPERATOR: Backhoe ..... . $ 26 45 7 47 OPERATOR- Loader .. .. .$ 26.62 7 88 OPERATOR- Mechanic. ... ... $ 24.33 4 33 PAINTER: Roller Only..... ... ..$ 25 40 0.00 PAINTER: Spray Only.... ......$ 25.40 0 00 ROOFER (Metal Roofs Only) .... $ 24.30 4.05 TILE SETTER . .. .... .. $ 18.38 2 90 TRUCK DRIVER: Dump Truck. ..... $ 26 70 9 85 TRUCK DRIVER: Semi - Trailer Truck . ..... .. .. ..... $ 19 80 1 27 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5 5(a)(1)(ii)). ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be- * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program If the http //frwebgate access gpo gov /cgi- bin/getdoc cgi Davis- Bacon&docid=WA2010005 2 3/9/2011 rdgeoo[o response from this initial contact is not satisfactory, then the process described in 2 ) and 3.) should be followed With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations Write to: Branch of Construction Wage Determinations Wage and Hour Division U S. Department of Labor 200 Constitution Avenue, N.W Washington, DC 20210 2 ) If the answer to the question in 1 ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to- Wage and Hour Administrator U S. Department of Labor 200 Constitution Avenue, N W Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc ) that the requestor considers relevant to the issue. 3 ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) Write to Administrative Review Board U S Department of Labor 200 Constitution Avenue, N W Washington, DC 20210 4 ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http //frwebgate access gpo gov /cg[- bin/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100052 3/9/2011 ragC i ui u GENERAL DECISION. WA20100111 11/26/2010 WA111 Date: November 26, 2010 General Decision Number: WA20100111 11/26/2010 Superseded General Decision Number. WA20080111 State: Washington Construction Type Heavy Including water and sewer line construction County. Kitsap County in Washington. HEAVY CONSTRUCTION PROJECTS (including sewer /water construction). Modification Number Publication Date 0 03/12/2010 1 04/02/2010 2 07/02/2010 3 07/30/2010 4 08/13/2010 5 10/01/2010 6 11/19/2010 7 11/26/2010 CARP0770 -031 06/01/2009 Rates Fringes CARPENTER (Including Formwork). $ 35.39 13.08 PILEDRIVERMAN. ... ... $ 35.59 13.08 (HOURLY ZONE PAY WESTERN AND CENTRAL WASHINGTON - ALL CLASSIFICATIONS EXCEPT MILLWRIGHTS AND PILEDRIVERS Hourly Zone Pay shall be paid on fobs located outside of the free zone computed from the city center of the following listed cities: Seattle Olympia Bellingham Auburn Bremerton Anacortes Renton Shelton Yakima Aberdeen- Hoqui.am Tacoma Wenatchee Ellensburg Everett Port Angeles Centralia Mount Vernon Sunnyside Chelan Pt Townsend Zone Pay 0 -25 radius miles Free 26 -35 radius miles $1 00 /hour 36 -45 radius miles $1.15 /hour 46 -55 radius miles $1.35 /hour Over 55 radius miles $1.55 /hour (HOURLY ZONE PAY- WESTERN AND CENTRAL WASHINGTON - MILLWRIGHT AND PILEDRIVER ONLY) Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center Zone Pay http //frwebgate access.gpo gov /cgi- bm/getdoc cgi'?dbname= Davis- Bacon &docid= WA20100111 3/9/2011 rage or o 0 -25 radius miles Free 26 -45 radius miles $ 70 /hour Over 45 radius miles $1.50 /hour ---------------------------------------------------------------- ELEC0046 -006 06/01/2009 Rates Fringes ELECTRICIAN ................. .. $ 40.81 3 % +15 71 ---------------------------------------------------------------- ENGI0302 -027 06/01/2009 Rates Fringes Power equipment operators: Group 1A ............ . ..$ 35.79 15 15 Group 1AA .. . ....... $ 36 36 15 15 Group 1AAA ................ $ 36.92 15.15 Group 1. ..... .$ 35 24 15.15 Group 2.. .... . .........$ 34.75 15 15 Group 3.. .. ... ... $ 34 33 15.15 Group 4.. ........... .$ 31.97 15 15 Zone Differential (Add to Zone 1 rates): Zone 2 (26 -45 radius miles) - $1 00 Zone 3 (Over 45 radius miles) - $1.30 BASEPOINTS: Aberdeen, Bellingham, Bremerton, Everett, Kent, Mount Vernon, Port Angeles, Port Townsend, Seattle, Shelton, Wenatchee, Yakima POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1AAA - Cranes -over 300 tons, or 300 ft of boom (including fib with attachments) GROUP 1AA - Cranes 200 to 300 tons, or 250 ft of boom (including fib with attachments),Tower crane over 175 ft in height, base to boom; Excavator /Trackhoe- Over 90 metric tons GROUP lA - Cranes, 100 tons thru 199 tons, or 150 ft of boom (including fib with attachments),Crane- overhead, bridge type, 100 tons and over; Tower crane up to 175 ft in height base to boom, Loaders - overhead, 8 yards and over; excavator /Trackhoe over 50 metric tons to 90 metric tons, GROUP 1 - Cranes 45 tons thru 99 tons, under 150 ft of boom (including fib with attachments),Crane- overhead, bridge type, 45 tons thru 99 tons, Derricks on building work, Excavator /Trackhoe• over 30 metric tons to 50 metric tons, Loader- overhead 6 yards to, but not including 8 yards, Dozer D -10, Screedman, Scrapers- 45 yards and over, Grader /Blade, Paver GROUP 2 - Cranes, 20 tons thru 44 tons with attachments;Crane- overhead, bridge type -20 tons through 44 tons, Drilling machine, Excavator /Trackhoe 15 to 30 metric tons; Horizontal/directional drill operator; Loaders - overhead under 6 yards, Scraper. under 45 tons, Mechanic, Piledriver; Boring Machine GROUP 3 - Cranes -thru 19 tons with attachments,A -frame crane over 10 tons; Dozers -D -9 and under, Motor patrol http //frwebgate access gpo gov /cgi- bm/getdoc cgi Davis- Bacon &docid= WA20100111 3/9/2011 rage '3 or v grader- nonfinishing, Roller -Plant Mix, Excavator/Trackhoe- under 15 metric tons, Service Oiler; Forklift- 3,000 lbs and over with attachments; Boom Truck over 10 tons GROUP 4 - Cranes -A frame -10 tons and under, Roller -other than plant mix; Forklift: under 3,000 lbs with attachments Grade Checker, Drill Assistant; Boom Truck 10 tons and under ---------------------------------------------------------------- * IRON0086 -010 07/01/2010 Rates Fringes IRONWORKER (Reinforcing, Structural and Ornamental).. $ 37 67 19 60 ---------------------------------------------------------------- LAB00001 -026 06/01/2009 ZONE 1. Rates Fringes Laborers: GROUP 2..... .. . ...... ..$ 24.86 9.07 GROUP 3. ... .. .. .. . .$ 30.96 9.07 GROUP 4. ... ......... ....$ 31 70 9.07 GROUP 5....... ..$ 32 21 9 07 ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES) - ZONE 2 - $1 00 ZONE 3 - $1 30 BASE POINTS. BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT TOWNSEND, PT ANGELES, AND BREMERTON ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall LABORERS CLASSIFICATIONS GROUP 2. Flagman GROUP 3. General Laborer; Mason Tender - Cement /Concrete, Form Stripping GROUP 4 Grade Checker; Pipe Layer, Handheld Drill; High Scaler, Jackhammer GROUP 5- Mason Tender -Brick ---------------------------------------------------------------- PAIN0005 -008 03/01/2009 Rates Fringes PAINTER (Brush, Roller and Spray) .......... ................$ 20.82 7 44 ---------------------------------------------------------------- PLAS0528 -004 08/01/2010 Rates Fringes http / /frwebgate access gpo gov /cgi- bin/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100111 3/9/2011 rdgc ,+ of u CEMENT MASON /CONCRETE FINISHER . $ 33.00 13 88 ---------------------------------------------------------------- SUWA2009 -062 08/07/2009 Rates Fringes LABORER. Landscape and Irrigation ...... ... . ........ .$ 13.52 3.35 OPERATOR: Asphalt Plant ........$ 34.14 0.68 OPERATOR: Backhoe....... ...$ 27.86 6.92 OPERATOR: Broom /Sweeper ...$ 30 39 3.77 OPERATOR- Power Shovel. . .....$ 25.12 7 83 OPERATOR Skid Steer. . ....$ 10.63 0.00 OPERATOR: Loader ......... ..... .$ 26.46 7 94 TRUCK DRIVER: Dump Truck. .....$ 25.75 8.38 TRUCK DRIVER: Flatbed Truck. .$ 22.74 6.29 TRUCK DRIVER. Lowboy Truck ...... $ 22.89 5 72 ---------------------------------------------------------------- * TEAM0174 -006 06/01/2009 Rates Fringes Truck drivers. ZONE A: GROUP 1:.. ... $ 31.87 14 60 GROUP 2 .. ... ..... .. . .$ 31.03 14 60 ZONE B (25 -45 miles from center of listed cities *): Add $ 70 per hour to Zone A rates. ZONE C (over 45 miles from centr of listed cities *): Add $1.00 per hour to Zone A rates. *Zone pay will be calculated from the city center of the following listed cities - BELLINGHAM CENTRALIA RAYMOND OLYMPIA EVERETT SHELTON ANACORTES BELLEVUE SEATTLE PORT ANGELES MT VERNON KENT TACOMA PORT TOWNSEND ABERDEEN BREMERTON TRUCK DRIVERS CLASSIFICATIONS GROUP 1 - Water Truck -3,000 gallons and over, Semi - Trailer Truck GROUP 2 - Water Truck- less than 3,000 gallons HAZMAT PROJECTS Anyone working on a HAZMAT fob, where HAZMAT certification is required, shall be compensated as a premium, in addition to the classification working in as follows LEVEL C. +$,25 per hour - This level uses an air purifying respirator or additional protective clothing http Arwebgate access gpo gov /cgi- bin/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100111 3/9/2011 rdgcJuiU LEVEL B +$ 50 per hour - Uses same respirator protection as Level A. Supplied air line is provided in conjunction with a chemical "splash suit." LEVEL A- +$.75 per hour - This level utilizes a fully - encapsulated suit with a self - contained breathing apparatus or a supplied air line ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be. * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries Of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program If the response from this initial contact is not satisfactory, then the process described in 2 ) and 3 ) should be followed With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations Write to Branch of Construction Wage Determinations http //frwebgate access.gpo gov /cgi- bin/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100111 3/9/2011 ragcVviV Wage and Hour Division U S. Department of Labor 200 Constitution Avenue, N W. Washington, DC 20210 2.) If the answer to the question in 1 ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7 ) . Write to Wage and Hour Administrator U S Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to. Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W Washington, DC 20210 4.) All decisions by the Administrative Review Board are final END OF GENERAL DECISION http //frwebgate access gpo gov /cgi- bin/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100111 3/9/2011 rage i or o GENERAL DECISION. WA20100120 08/06/2010 WAl20 Date. August 6, 2010 General Decision Number WA20100120 08/06/2010 Superseded General Decision Number. WA20080120 State. Washington Construction Type: Heavy Dredging Counties Washington Statewide. DREDGING CONSTRUCTION PROJECTS (Excludes D.0 E. Hanford Site in Benton and Franklin Counties) Modification Number Publication Date 0 03/12/2010 1 08/06/2010 ENGI0302 -009 06/01/2009 CHELAN (WEST OF THE 120TH MERIDIAN), CLALLAM, DOUGLAS (WEST OF THE 120TH MERIDIAN), GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, KITTITAS, MASON, OKANOGAN (WEST OF THE 120TH MERIDIAN), SAN JUNA,SKAGIT, SNOHOMISH, WHATCOM AND YAKIMA (WEST OF THE 120TH MERIDIAN) COUNTIES ON PROJECTS DESCRIBED IN FOOTNOTE A BELOW, THE RATE FOR EACH GROUP SHALL BE 95% OF THE BASE RATE PLUS FULL FRINGE BENEFITS. ON ALL OTHER WORK, THE FOLLOWING RATES APPLY WORK PERFORMED ON HYDRAULIC DREDDGES: Zone 1 (0 -25 radius miles) Rates Fringes Power equipment operators: GROUP 1 TOTAL PROJECT COST $300,000 AND OVER.... ... $ 33.91 15 15 GROUP 2 TOTAL PROJECT COST $300,000 AND OVER. $ 34.04 15 15 GROUP 3 TOTAL PROJECT COST $300,000 AND OVER $ 34 42 15 15 GROUP 4 TOTAL PROJECT COST $300,000 AND OVER $ 34.47 15 15 GROUP 5 TOATL PROJECT COST $300,000 AND OVER $ 36.04 15 15 GROUP 6 TOTAL PROJECT COST $300,000 AND OVER $ 33 91 15 15 Zone Differential (Add to Zone 1 rates): Zone 2 (26 -45 radius miles) - $ 70 Zone 3 (Over 45 radius miles) - $1 00 BASEPOINTS. Aberdeen, Bellingham, Bremerton, Everett, Kent, Mount Vernon, Port Angeles, Port Townsend, Seattle, http //frwebgate access gpo gov /cgi- bin/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100120 3/9/2011 rage z. or o Shelton, Wenatchee, Yakima POWER EQUIPMENT OPERATORS CLASSIFICATIONS - GROUP 1 Assistant Mate (Deckhand GROUP 2: Oiler GROUP 3: Assistant Engineer (Electric, Diesel, Steam or Booster Pump); Mates and Boatmen GROUP 4: Craneman, Engineer Welder GROUP 5: Leverman, Hydraulic GROUP 6: Maintenance Category B Projects: 95% of the basic hourly reate for each group plus full fringe benefits applicable to category A projects shall apply to the following projects A Reduced rates may be paid on the following: 1. Projects involving work on structures such as buildings and bridges whose total value is less than $1 5 million excluding mechanical, electrical, and utility portions of the contract. 2. Projects of less than $1 million where no building is involved Surfacing and paving included, but utilities excluded. 3. Marine projects (docks, wharfs, etc ) less than $150,000. Heavy Wage rates (Category A) Applies to clam shell dredge, hoe and dipper, shovels and shovel attachments, cranes and bulldozers HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall be elgi.ble for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan H -1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing H -2 Class "C" Suit - Base wage rate plus $ .25 per hour. H -3 Class "B" Suit - Base wage rate plus $ 50 per hour H -4 Class " A " Suit - Base wage rate plus $ 75 per hour ---------------------------------------------------------------- * ENGI0370 -006 06/01/2010 ADAMS, ASOTIN, BENTON, CHELAN (EAST OF THE 120TH MERIDIAN), COLUMBIA, DOUGLAS (EAST OF THE 120TH MERIDIAN), FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN (EAST OF THE 120TH MERIDIAN), PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN AND YAKIMA (EAST OF THE 120TH MERIDIAN) COUNTIES WORK PERFORMED ON HYDRAULIC DREDGES Rates Fringes Hydraulic Dredge GROUP 1 $ 24 66 11.55 http //frwebgate access gpo gov /cgi- bm/getdoc cgi Davis- Bacon &docid= WA20100120 3/9/2011 rage s of b GROUP 2... ... . .. ..$ 24.58 11.55 GROUP 3:. ... ... ... .....$ 25.19 11 55 GROUP 4•.. .. $ 25 35 11.55 GROUP 5•.. ... $ 25 51 11 55 GROUP 6 . ....... .... $ 25.79 11.55 GROUP 7 .. ..... .... .....$ 26.06 11.55 GROUP 1: Assistant Mate (Deckhand) GROUP 2: Assistant Engineer (Electric, Diesel, Steam, or Booster Pump) GROUP 3 Engineer Welder GROUP 4: Leverman, Hydraulic GROUP 5• Maintenance GROUP 6: Oiler GROUP 7: Mates & Boatman HEAVY WAGE RATES APPLIES TO CLAM SHELL DREDGE, HOE AND DIPPER, SHOVELS AND SHOVEL ATTACHMENTS, CRANES AND BULLDOZERS. ---------------------------------------------------------------- ENGI0612 -001 06/01/2009 LEWIS, PIERCE, PACIFIC (THAT PORTION WHICH LIES NORTH OF A PARALLEL LINE EXTENDED WEST FROM THE NORTHERN BOUNDARY OF WAHKAIKUM COUNTY TO THE SEA IN THE STATE OF WASHINGTON) AND THURSTON COUNTIES PROJECTS: CATEGORY A PROJECTS (excludes Category B projects, as shown below) Rates Fringes Power equipment operators: WORK PERFORMED ON HYDRAULIC DREDGES:Total Project cost $300,000 and over GROUP 1.... $ 33.91 15 15 GROUP 2 .... ... .. ....$ 34.04 15.15 GROUP 3 .. .. ...$ 34 42 15.15 GROUP 4.. .. ... .$ 34.47 15.15 GROUP 5 .... ..............$ 36.04 15.15 GROUP 6 ... ..... ... . .. .$ 33.91 15 15 WORK PERFORMED ON HYDRAULIC DREDGES Total Project Cost under $300,000 GROUP 1 .. $ 26.96 8.40 GROUP 2. .. $ 27 06 8 40 GROUP 3 .... .. .$ 27 38 8 40 GROUP 4 $ 27 43 8 40 GROUP 5 ... .. .... $ 28 75 8 40 GROUP 6 .. $ 26.96 8 40 ZONE 2 (26 -45 radius miles) - Add $ 70 to Zone 1 rates ZONE 3 (Over 45 radius miles) - Add $1 00 to Zone 1 rates BASEPOINTS• Tacoma, Olympia, and Centralia CATEGORY B PROJECTS - 95% of the basic hourly rate for each group plus full fringe benefits applicable to Category A projects shall apply to the following projects Reduced rates may be paid on the following http / /frwebgate access gpo gov /cgi- bm/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100120 3/9/2011 I Page 4 of 6 1 Projects involving work on structures such as buildings and structures whose total value is less than $1 5 million excluding mechanical, electrical, and utility portions of the contract 2 Projects of less than $1 million where no building is .involved Surfacing and paving .included, but utilities excluded. 3. Marine projects (docts, wharfs, etc.) less than $150,000 WORK PERFORMED ON HYDRAULIC DREDGES: GROUP 1- Assistant Mate (Deckhand GROUP 2. Oiler GROUP 3: Assistant Engineer (Electric, Diesel, Steam or Booster Pump); Mates and Boatmen GROUP 4: Craneman, Engineer Welder GROUP 5: Leverman, Hydraulic GROUP 6 Maintenance HEAVY WAGE RATES APPLIES TO CLAM SHEEL DREDGE, HOE AND DIPPER, SHOVELS AND SHOVEL ATTACHMENTS, CRANES AND BULLDOZERS HANDLING OF HAZARDOUS WASTE MATERIALS H -1 - When not outfitted with protective clothing of level D equipment - Base wage rate H -2 - Class "C" Suit - Base wage rate + $ 25 per hour H -3 - Class "B" Suit - Base wage rate + $ 50 per hour H -4 - Class " A " Suit - Base wage rate +$.75 per hour ---------------------------------------------------------------- * ENGI0701 -003 01/01/2010 CLARK, COWLITZ, KLICKITAT, PACIFIC (SOUTH), SKAMANIA, AND WAHKIAKUM COUNTIES DREDGING: Rates Fringes Dredging: ZONE A ASSISTANT ENGINEER ... $ 39 21 11 35 ASSISTANT MATE .. ....$ 34.65 11 35 LEVERMAN, DIPPER, FLOATING CLAMSHELL .. ..$ 41.91 11 35 LEVERMAN, HYDRAULIC $ 41.91 11 35 TENDERMAN .. $ 37 97 11 35 ZONE B ASSISTANT ENGINEER .$ 41 71 11 35 ASSISTANT MATE $ 37 15 11 35 LEVERMAN, DIPPER, FLOATING CLAMSHELL $ 44 41 11 35 LEVERMAN, HYDRAULIC $ 44 41 11 35 TENDERMAN .. $ 40 47 11 35 ZONE C ASSISTANT ENGINEER $ 44 21 11 35 ASSISTANT MATE .$ 39 65 11 35 LEVERMAN, DIPPER, FLOATING CLAMSHELL ... ....$ 46.91 11 35 LEVERMAN, HYDRAULIC ... $ 46 91 11 35 TENDERMAN $ 42 97 11 35 ZONE DESCRIPTION FOR DREDGING. http //frwebgate access gpo gov /cgi- bin/getdoc cgi Davis- Bacon &docid= WA20100120 3/9/2011 rage of b ZONE A - All jobs or projects located within 30 road miles of Portland City Hall. ZONE B - Over 30 -60 road miles from Portland City Hall. ZONE C - Over 60 road miles from Portland City Hall. *All fobs or projects shall be computed from the city hall by the shortest route to the geographical center of the project. ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(11)). ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1 ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction http //frwebgate access gpo gov /cgi- bin/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100120 3/9/2011 rage a or d Wage Determinations Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) Write to Wage and Hour Administrator U S Department of Labor 200 Constitution Avenue, N W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc ) that the requestor considers relevant to the .issue. 3 ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to Administrative Review Board U S Department of Labor 200 Constitution Avenue, N W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final END OF GENERAL DECISION http //frwebgate access gpo gov /cgi- bm/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100120 3/9/2011 Page 1 of 6 GENERAL DECISION: WA20100052 11/26/2010 WA52 Date: November 26, 2010 General Decision Number: WA20100052 11/26/2010 Superseded General Decision Number: WA20080052 State: Washington Construction Type: Building County: Kitsap County in Washington. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Modification Number Publication Date 0 03/12/2010 1 03/19/2010 2 07/02/2010 3 07/09/2010 4 07/23/2010 5 08/06/2010 6 09/24/2010 7 10/08/2010 8 11/26/2010 ASBE0007 -002 01/01/2010 Rates Fringes ASBESTOS WORKER /HEAT & FROST INSULATOR .......... .... ......$ 38.93 13.75 ---------------------------------------------------------------- BRWA0001 -010 08/13/2010 Rates Fringes BRICKLAYER. ......... . .. .. .$ 34 55 12.17 ---------------------------------------------------------------- CARP0770 -021 06/01/2009 Rates Fringes CARPENTER (Including Cabinet Installation, Drywall Hanging, Form Work and Metal Stud Installation) ....... ..... .$ 35.39 13 08 PILEDRIVERMAN .... .. ...$ 35 59 13.08 (HOURLY ZONE PAY. WESTERN AND CENTRAL WASHINGTON - ALL CLASSIFICATIONS EXCEPT MILLWRIGHTS AND PILEDRIVERS Hourly Zone Pay shall be paid on fobs located outside of the free zone computed from the city center of the following listed cities- Seattle Olympia Bellingham Auburn Bremerton Anacortes Renton Shelton Yakima Aberdeen- Hoquiam Tacoma Wenatchee Ellensburg Everett Port Angeles Centralia Mount Vernon Sunnyside http //frwebgate access gpo gov /cgi- bin/getdoc cgi' Davis- Bacon &docid= WA20100052 3/9/2011 Page 2 of b Chelan Pt. Townsend Zone Pay: 0 -25 radius miles Free 26 -35 radius miles $1.00 /hour 36 -45 radius miles $1.15 /hour 46 -55 radius miles $1.35 /hour Over 55 radius miles $1.55 /hour (HOURLY ZONE PAY: WESTERN AND CENTRAL WASHINGTON - MILLWRIGHT AND PILEDRIVER ONLY) Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center Zone Pay: 0 -25 radius miles Free 26 -45 radius miles $ .70 /hour Over 45 radius miles $1.50 /hour ---------------------------------------------------------------- ELEC0046 -006 06/01/2009 Rates Fringes ELECTRICIAN ......................$ 40.81 3% +15.71 ---------------------------------------------------------------- ENGI0302 -021 06/01/2009 Rates Fringes Power equipment operators: Group 1A........ .... $ 35 79 15.15 Group 1AA .... . . . $ 36 36 15.15 Group 1AAA ............ .. .$ 36 92 15.15 Group 1 ..... .. .... .. ..$ 35.24 15.15 Group 2 ................ ... $ 34.75 15.15 Group 3 ....................$ 34 33 15.15 Group 4..... ... .... . ..$ 31.97 15.15 POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1AAA - Cranes -over 300 tons, or 300 ft of boom (including jib with attachments) GROUP 1AA - Cranes 200 to 300 tons, or 250 ft of boom (including jib with attachments); Excavator /Trackhoe: Over 90 metric tons GROUP lA - Cranes, 100 tons thru 199 tons, or 150 ft of boom (including jib with attachments), Excavator /Trackhoe- over 50 metric tons to 90 metric tons GROUP 1 - Cranes 45 tons thru 99 tons, under 150 ft of boom (including jib with attachments), Excavator /Trackhoe. over 30 metric tons to 50 metric tons, Dozer D -10; Screedman; Scrapers 45 yards and over; Grader /Blade GROUP 2 - Cranes, 20 tons thru 44 tons with attachments, Drilling machine, Excavator /Trackhoe: 15 to 30 metric tons; Horizontal /directional drill operator; Crane Oiler -100 Tons and Over, Compactor, Scraper. under 45 tons GROUP 3 - Cranes -thru 19 tons with attachments, Dozers -D -9 and under; Motor patrol grader- nonfinishing, Roller -Plant http //frwebgate access gpo gov /cgi- bin/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100052 3/9/2011 Page 3 of b Mix, Crane Oiler under 100 tons; Excavator /Trackhoe: under 15 metric tons, Forklift- 3000 lbs and over with attachments, Service Oiler, Concrete Pump; GROUP 4 - Roller -other than plant mix; Forklift- under 3000 lbs with attachments, Bobcat ---------------------------------------------------------------- * IRON0086 -010 07/01/2010 Rates Fringes IRONWORKER (Reinforcing, Structural and Ornamental) .. $ 37 67 19.60 ---------------------------------------------------------------- LAB00001 -017 06/01/2009 ZONE 1: Rates Fringes Laborers. GROUP 2... ... ... .... . $ 24.86 9.07 GROUP 3....... $ 30.96 9.07 GROUP 4..... .. .. $ 31.70 9.07 GROUP 5... .... .. $ 32.21 9 07 ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES). ZONE 2 - $1.00 ZONE 3 - $1.30 BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT TOWNSEND, PT. ANGELES, AND BREMERTON ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall LABORERS CLASSIFICATIONS GROUP 2. Flagman, Fence Erector GROUP 3: General Laborer, Mason Tender - Cement /Concrete; Chipping Gun (under 30 lbs ), Form Stripping, GROUP 4 Chipping Gun (over 30 lbs ), Concrete Saw Operator, Grade Checker; Guni.te; Pipe Layer, Vibrating Plate, Asphalt Raker GROUP 5 Mason Tender - Brick ---------------------------------------------------------------- PAIN0005 -029 07/01/2009 Rates Fringes DRYWALL FINISHER /TAPER .. $ 34 31 14.18 ---------------------------------------------------------------- PAIN0005 -033 03/01/2009 Rates Fringes http //frwebgate access gpo gov /cgi- bin/getdoc cgi'?dbname= Davis- Bacon &docid= WA20100052 3/9/2011 rage +oro PAINTER (Brush Only). .. ..$ 20.82 7 44 ---------------------------------------------------------------- PAIN0188 -005 07/01/2010 Rates Fringes GLAZIER. .... ........ . . $ 37.55 13.00 ---------------------------------------------------------------- PAIN1238 -002 07/01/2010 Rates Fringes SOFT FLOOR LAYER (Including Vinyl and Carpet) ........... $ 28 41 12 55 ---------------------------------------------------------------- PLUM0631 -003 06/01/2007 Rates Fringes Plumbers and Pipefitters All new construction, additions, and remodeling of buildings where the plumbing and mechanical cost of the project is less than $100,000..... . .$ 27.39 11.18 All other work where the plumbing and mechanical cost of the project is $100,000 and over. ..... .$ 34 90 15.32 ---------------------------------------------------------------- ROOF0054 -009 06/01/2009 Rates Fringes ROOFER (Excluding Metal Roofs)...$ 28.62 11 43 ROOFER (Tearoff) ...... ... .... .$ 28 62 11 43 ---------------------------------------------------------------- SFWA0699 -006 07/01/2010 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) ... ... $ 44 94 21 55 ---------------------------------------------------------------- SHEE0066 -025 06/01/2009 Rates Fringes Sheet Metal Worker (Including HVAC Duct Installation) .. $ 38.19 19 79 ---------------------------------------------------------------- SUWA2009 -025 05/22/2009 Rates Fringes CEMENT MASON /CONCRETE FINISHER $ 19 54 3.17 LABORER: Handheld Drill $ 17 17 5 36 LABORER. Irrigation .. $ 11.58 0 00 LABORER- Landscape... $ 9 90 0 00 http //frwebgate access gpo gov /cgi- bin/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100052 3/9/2011 Page S of 6 OPERATOR' Backhoe $ 26.45 7 47 OPERATOR: Loader ...... $ 26 62 7 88 OPERATOR Mechanic. . ... . ..$ 24.33 4 33 PAINTER• Roller Only. ... .$ 25.40 0.00 PAINTER. Spray Only. ... .. $ 25 40 0 00 ROOFER (Metal Roofs Only). ... $ 24.30 4 05 TILE SETTER .. .. $ 18 38 2.90 TRUCK DRIVER: Dump Truck $ 26 70 9 85 TRUCK DRIVER. Semi - Trailer Truck.. .... ..... .. $ 19 80 1.27 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5 5(a)(1)(ii)). ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1 ) Has there been an initial decision in the matter? This can be * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the http. / /frwebgate access gpo gov /cgi- bin/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100052 3/9/2011 rage b of b response from this initial contact is not satisfactory, then the process described in 2 ) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to- Branch of Construction Wage Determinations Wage and Hour Division U S. Department of Labor 200 Constitution Avenue, N W. Washington, DC 20210 2.) If the answer to the question in 1 ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to* Wage and Hour Administrator U S. Department of Labor 200 Constitution Avenue, N W Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue 3 ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to. Administrative Review Board U S Department of Labor 200 Constitution Avenue, N.W Washington, DC 20210 4 ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION http / /frwebgate access gpo gov /cgi- bm/getdoc cgi ?dbname= Davis- Bacon &docid= WA20100052 3/9/2011 CERTIFICATION REGARDING LOBBYING (This Certification is required pursuant to 31 U S C 1352) Certification for Contracts. Grants. Loans and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief; that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subreciprents shall certify and disclose accordingly This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction unposed 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 $11,000 and not more than $110,000 for each such failure Please check appropriate box. ❑ No nonfederal funds have been used or are planned to be used for lobbying in connection with this applrcatrcn/award/contract or F-1 Attached is Standard Form LLL, "Disclosure of Lobbying Activities," which describes the use (past or planned) of nonfederal funds for lobbying in connection with this application/award/ contract. Executed this day of . 20 by (Type or Print Name) (Title of Executing Official) (Signature of Executing Official) (Name of organization/applicant) CONTRACT CLAUSE NEW RESTRICTIONS ON LOBBYING This contract, subcontract, or subgrant is subject to Section 319 of Public Law 101 -121, which added section 1352, regarding lobbying restrictions, to Chapter 13 of Title 31 of the United States Code The new section is explained in the common rule, 15 CFR Part 28 (55 FR 6736 -6748, 2/26/90). Each bidder /applicant/recipient of this contract subcontract, or subgrant and subreciptents are generally prohibited from using Federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with this Award Contract Clause Threshold This Contract Clause regarding lobbying must be included in each application for a subgrant and in each bid for a contract or subcontract exceeding $100,000 of Federal funds at any tier under the Federal Award Certification and Disclosure Each applicant/recipient of a subgrant and each bidder /applicant/ recipient of a contract or subcontract exceeding $100,000 of Federal funds at any tier under the Federal Award must file a "Certification Regarding Lobbying" and, if applicable, Standard Form LLL, "Disclosure of Lobbying Activities," regarding the use of any nonfederal funds for lobbying. Certifications shall be retained by the next higher tier All disclosure forms, however, shall be forwarded from tier to tier until received by the Recipient of the Federal Award (grant), who shall forward all disclosure forms to the Federal agency. Continuing Disclosure Requirement Each subgrantee, contractor, or subcontractor that is subject to the Certification and Disclosure provision of this Contract Clause is required to file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person. Disclosure forms shall be forwarded from tier to tier until received by the Recipient of the Federal Award (grant) who shall forward all disclosure forms to the Federal agency. Indian Tribes, Tribal Organizations or Other Indian Organizations Indian tribes, tribal organizations, or any other Indian organizations, including the Alaskan Native organizations, are excluded from the above lobbying restrictions and reporting requirements, but only with respect to expenditures that are by such tribes or orgamzations for lobbying activities permitted by other Federal law. An Indian tribe or organization that is seeking an exclusion from Certification and Disclosure requirements must provide (preferably in an attorney's opinion) EDA with the citation of the provision or provisions of Federal law upon which it relies to conduct lobbying activities that would otherwise be subject to the prohibitions in and to the Certification and Disclosure requirements of Section 319 of Public Law No 101 -121 Note, also, that a non - Indian subgrantee, contractor, or subcontractor under an award (grant) to an Indian tribe, for example, is subject to the restrictions and reporting requirements NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246 AND 41 CFR PART 604) The following Notice shall be included in, and shall be a part of all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000 The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows Timetables Goals for minority Goals for female partic n for each trade participation for each trade 6.9% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed With regard to this second area, the contractor also is subject to the goals for both its federally involved and non federally involved construction The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60 -4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4 3(a), and its efforts to meet the goals The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60 -4 Compliance with the goals will be measured against the total work hours performed The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation The notification shall list the name, address and telephone number of the subcontractor, employer identification number of the subcontractor, estimated dollar amount of the subcontract, estimated starting and completion dates of the subcontract, and the geographical area in which the subcontract is to be performed As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is State of County of City of U. S. DEPARTMENT OF COMMERCE ECONOMIC DEVELOPMENT ADMINISTRATION EDA CONTRACTING PROVISIONS FOR CONSTRUCTION PROJECTS These EDA Contracting Provisions for Construction Projects (EDA Contracting Provisions) are intended for use by recipients receiving federal assistance from the U S Department of Commerce - Economic Development Administration (EDA) They contain provisions specific to EDA and other federal provisions not normally found in non - federal contract documents The requirements contained herein must be incorporated into all construction contracts and subcontracts funded wholly or in part with federal assistance from EDA Economic Development Administration Contracting Provisions for Construction Projects TABLE OF CONTENTS I Definitions 2 Applicability 3 Federally Required Contract Provisions 4 Required Provisions Deemed Inserted 5 Inspection by EDA Representatives 6 Examination and Retention of Contractor's Records 7 Construction Schedule and Periodic Estimates 8 Contractor's Title to Material 9 Inspection and Testing of Materials 10 "OR EQUAL" Clause 11 Patent Fees and Royalties 12 Claims for Extra Costs 13 Contractor's and Subcontractor's Insurance 14 Contract Security Bonds 15 Labor Standards - Davis -Bacon and Related Acts 16 Labor Standards - Contract Work Hours and Safety Standards Act 17 Equal Employment Opportunity 18 Contracting with Small, Minority and Women's Businesses 19 Health, Safety and Accident Prevention 20 Conflict of Interest and Other Prohibited Interests 21 New Restrictions on Lobbying 22 Historical and Archaeological Data Preservation 23 Clean Air and Water 24 Use of Lead -Based Paints on Residential Structures 25 Energy Efficiency 26 Environmental Requirements 27 Debarment, Suspension, Ineligibility and Voluntary Exclusions 28 EDA Project Sign Economic Development Administration Contracting Provisions for Construction Projects I DEFINITIONS Agreement — The written instrument that is evidence of the agreement between the Owner and the Contractor overseeing the Work Architect /Engineer - The person or other entity engaged by the Recipient to perform architectural, engineering, design, and other services related to the work as provided for in the contract Contract — The entire and integrated written agreement between the Owner and the Contractor concerning the Work The Contract supersedes prior negotiations, representations, or agreements, whether written or oral Contract Documents — Those items so designated in the Agreement Only printed or hard copies of the items listed in the Agreement are Contract Documents. Contractor — The individual or entity with whom the Owner has entered into the Agreement Drawings or Plans — That part of the Contract Documents prepared or approved by the Architect/Engineer that graphically shows the scope, extent, and character of the Work to be performed by the Contractor EDA - The United States of America acting through the Economic Development Administration of the U S Department of Commerce or any other person designated to act on its behalf EDA has agreed to provide financial assistance to the Owner, which includes assistance in financing the Work to be performed under this Contract Notwithstanding EDA's role, nothing in this Contract shall be construed to create any contractual relationship between the Contractor and EDA Owner — The individual or entity with whom the Contractor has entered into the Agreement and for whom the Work is to be performed Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part Recipient - An entity receiving Federal financial assistance from EDA, including any EDA - approved successor to the entity Specifications — That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto Subcontractor — An individual or entity having direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work at the Site Economic Development Administration Contracting Provisions for Construction Projects Work — The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents 2 APPLICABILITY The Project to which the construction work covered by this Contract pertains is being assisted by the United States of America through federal assistance provided by the U S Department of Commerce - Economic Development Administration (EDA) Neither EDA, nor any of its departments, entities, or employees is a party to this Contract The following EDA Contracting Provisions are included in this Contract and all subcontracts or related instruments pursuant to the provisions applicable to such federal assistance from EDA 3 FEDERALLY REQUIRED CONTRACT PROVISIONS (a) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate (Contracts more than the simplified acquisition threshold -currently fixed at $100,000 See 41 US C 403(l 1)) (b) Termination for cause and for convenience by the Recipient including the manner by which it will be effected and the basis for settlement (all contracts in excess of $10,000) (c) Compliance with Executive Order 11246 of September 24, 1965, Equal Employment Opportunity, as amended by Executive Order 11375 of October 13, 1967 and as supplemented by Department of Labor regulations at 41 C F R chapter 60 (applicable to all construction contracts awarded in excess of $10,000 by recipients of federal assistance and their contractors or subrecipients) (d) Compliance with the Copeland "Anti- Kickback" Act (18 U S C § 874) as supplemented by Department of Labor regulations at 29 C F R part 3 (all contracts and subgrants for construction or repair) (e) Compliance with the Davis -Bacon Act (40 U S C § 3145) as supplemented by Department of Labor regulations at 29 C F R part 5 (construction contracts in excess of $2,000 awarded by Recipients and subrecipients) (f) Compliance with sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U S C §§ 327 -330) as supplemented by Department of Labor regulations at 29 C F R part 5 (construction contracts awarded by Recipients and subrecipients in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) (g) EDA requirements and regulations pertaining to reporting Economic Development Administration Contracting Provisions for Construction Projects (h) EDA requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract (i) EDA requirements and regulations pertaining to copyrights and rights in data. 0) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clear Air Act (42 U S C § 7606), section 508 of the Clean Water Act (33 U S C § 1368), Executive Order 11738, Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act With Respect to Federal Contracts, Grants, or Loans, and Environmental Protection Agency regulations at 48 C F R part 15 (applicable to contracts, subcontracts, and subgrants of amounts in excess of $ 100,000) 4 REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion of correction 5 INSPECTION BY EDA REPRESENTATIVES The authorized representatives and agents of EDA shall be permitted to inspect all work, materials, payrolls, personnel records, invoices of materials, and other relevant data and records 6 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS (a) The Owner, EDA, or the Comptroller General of the United States, or any of their duly authorized representatives shall, generally until three years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions (b) The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as paragraph (a) above "Subcontract," as used in this clause, excludes purchase orders that do not exceed $10,000 (c) The periods of access and examination in paragraphs (a) and (b) above for records relating to (1) appeals under the disputes clause of this contract, (2) litigation or settlement of claims ansing from the performance of this contract, or (3) costs and expenses of this contract to which the Owner, EDA, or Comptroller General or any of their duly authorized representatives has taken exception shall continue until disposition of such appeals, litigation, claims, or exceptions Economic Development Administration Contracting Provisions for Construction Projects 7 CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in a form satisfactory to the Owner, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due to the Contractor in accordance with the progress schedule The Contractor also shall furnish the Owner (a) a detailed estimate giving a complete breakdown of the contract price and (b) periodic itemized estimates of work done for the purpose of making partial payments thereon. The costs employed in making up any of these schedules will be used only to determine the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price 8 CONTRACTOR'S TITLE TO MATERIAL No materials, supplies, or equipment for the work shall be purchased by the Contractor or by any subcontractor that is subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller The Contractor warrants and guarantees that he /she has good title to all work, materials, and equipment used by him/her in the Work, free and clear of all liens, claims, or encumbrances 9 INSPECTION AND TESTING OF MATERIALS All materials and equipment used in the completion of the Work shall be subject to adequate inspection and testing in accordance with accepted standards The laboratory or inspection agency shall be selected by the Owner Materials of construction, particularly those upon which the strength and durability of any structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for intended uses 10 "OR EQUAL" CLAUSE Whenever a material, article, or piece of equipment is identified in the Contract Documents by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc , it is intended merely to establish a standard Any material, article, or equipment of other manufacturers and vendors that will perform adequately the duties imposed by the general design will be considered equally acceptable provided the material, article, or equipment so proposed is, in the opinion of the Architect/Engineer, of equal substance and function However, such substitution material, article, or equipment shall not be purchased or installed by the Contractor without the Architect/Engineer's written approval 11 PATENT FEES AND ROYALTIES (a) Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device that is the subject of patent rights or copyrights held by others If a particular invention, design, process, product, or device is specified in the Contract Documents for use in Economic Development Administration Contracting Provisions for Construction Projects the performance of the Work and if, to the actual knowledge of Owner or Engineer, its use is subject to patent rights or copyrights calling for the paymelit of any license fee or royalty to others, the existence of such rights shall be disclosed by the Owner in the Contract Documents (b) To the fullest extent permitted by Laws and Regulations, the Contractor shall indemnify and hold harmless the Owner and the Architect/Engineer, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) ansing out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents 12 CLAIMS FOR EXTRA COSTS No claims for extra work or cost shall be allowed unless the same was done in pursuance of a written order from the Architect/Engineer approved by the Owner 13 CONTRACTORS AND SUBCONTRACTORS INSURANCE (a) The Contractor shall not commence work under this Contract until the Contractor has obtained all insurance reasonably required by the Owner, nor shall the Contractor allow any subcontractor to commence work on his/her subcontract until the insurance required of the subcontractor has been so obtained and approved (b) Types of insurance normally required are (1) Workmen's Compensation (2) Contractor's Public Liability and Property Damage (3) Contractor's Vehicle Liability (4) Subcontractors Public Liability, Property Damage and Vehicle Liability (5) Builder's Risk (Fire and Extended Coverage) (c) Scope of Insurance and Special Hazards: The insurance obtained, which is described above, shall provide adequate protection for the Contractor and his/her subcontractors, respectively, against damage claims that may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by him/her and also against any of the special hazards that may be encountered in the performance of this Contract (d) Proof of Carriage of Insurance: The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of applicable insurance policies Economic Development Administration Contracting Provisions for Construction Projects 14 CONTRACT SECURITY BONDS (a) If the amount of this Contract exceeds $100,000, the Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100 %) of the Contract price as security for the faithful performance of this Contract and also a payment bond in an amount equal to one hundred percent (100 %) of the Contract price or in a penal sum not less than that prescribed by State, Territorial, or local law, as security for the payment of all persons performing labor on the Work under this Contract and furnishing materials in connection with this Contract The performance bond and the payment bond may be in one or in separate instruments in accordance with local law Before final acceptance, each bond must be approved by EDA If the amount of this Contract does not exceed $100,000, the Owner shall specify the amount of the payment and performance bonds (b) All bonds shall be in the form prescribed by the Contract Documents except as otherwise provided in applicable laws or regulations, and shall be executed by such sureties as are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies as published in Treasury Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U S Department of the Treasury All bonds signed by an agent must be accompanied by a certified copy of the agent's authority to act Surety companies executing the bonds must also be authorized to transact business in the state where the Work is located 15 LABOR STANDARDS - DAVIS -BACON AND RELATED ACTS (as required by section 601 of PWEDA) (a) Minimum Wages (1) All laborers and mechanics employed or working upon the site of the Work in the construction or development of the Project will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act at 29 C F R part 3, the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor, which is attached hereto and made a part hereof, regardless of any contractual relationship that may be alleged to exist between the Contractor and such laborers and mechanics Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 C F R § 5 5(a)(1)(iv), also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 C.F.R. § 5 5(a)(4) Laborers or mechanics performing work in more than one classification may be compensated at the Economic Development Administration Contracting Provisions for Construction Projects rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed The wage determination (including any additional classification and wage rates determined under 29 C F R § 5 5(a)(1)(u) and the Davis - Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers (2) (i) Any class of laborers or mechanics to be employed under the Contract, but not listed in the wage determination, shall be classified in conformance with the wage determination EDA shall approve an additional classification and wage rate and fringe benefits therefore only when the following cntena have been met (A) The work to be performed by the classification requested is not performed by a classification in the wage determination, (B) The classification is utilized in the area by the construction industry, and (C) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination (ii) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and EDA or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropnate), a report of the action taken shall be sent by EDA or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U S Department of Labor, Washington, D C 20210 (iii) In the event the Contractor, the laborers or mechanics to be employed in the classification or their representatives, and EDA or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), EDA or its designee shall refer the questions, including the views of all interested parties and the recommendation of EDA or its designee, to the Administrator for determination (iv) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(2)(ii) or (iii) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification (3) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fnnge benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fnnge benefit or an hourly cash equivalent thereof Economic Development Administration Contracting Provisions for Construction Projects (4) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program (b) Withholding EDA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other federal contract with the same prime Contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the Contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper employed or working on the site of the Work in the construction or development of the Project, all or part of the wages required by the Contract, EDA or its designee may, after written notice to the Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased EDA or its designee may, after written notice to the Contractor, disburse such amounts withheld for and on account of the Contractor or subcontractor to the respective employees to whom they are due The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts (c) Payrolls and basic records (1) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the Work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the Work in the construction or development of the Project Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l (b) (2) (B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid Whenever the Secretary of Labor has found under 29 C F R § 5 5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, the plan or program is financially responsible, and the plan or program has been communicated in writing to the laborers or mechanics affected, and provide records that show the costs anticipated or the actual cost incurred in providing such benefits Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of Economic Development Administration Contracting Provisions for Construction Projects apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs (2) (i) For each week in which Contract work is performed, the Contractor shall submit a copy of all payrolls to the Owner for transmission to EDA or its designee The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 C F R part 5 5(a)(3)(i) This information may be submitted in any form desired Optional Form WH -347 is available for this purpose It may be purchased from the Superintendent of Documents (Federal Stock Number 029 - 005- 00014 -1), U S Government Printing Office, Washington, D C 20402, or downloaded from the U S Department of Labor's website at www dol gov /esa/forms /whd/index him The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors (ii) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following (A) That the payroll for the payroll period contains the information required to be maintained under 29 C F R § 5 5(a)(3)(i) and that such information is correct and complete, (B) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the Contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 C F R part 3, (C) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the Contract (iii) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 14(c)(n) of this section (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of Title 18 and section 231 of Title 31 of the U S Code (3) The Contractor or subcontractor shall make the records required under paragraph 14(c)(1) of this section available for inspection, copying, or transcription by authorized representatives of EDA or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the Job. If the Contractor or subcontractor fails to submit the required records or to make them Economic Development Administration Contracting Provisions for Construction Projects available, EDA or its designee may, after written notice to the Contractor or Owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR part 512 (d) Apprentices and Trainees (1) Apprentices Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U S Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice The allowable ratio of apprentices to journeymen on the fob site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program Any worker listed on a payroll at an apprentice wage rate who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a Contractor is performing construction on a Project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved (2) Trainees Except as provided in 29 C F R § 5 16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program that has received prior approval, evidenced by formal certification by the U S Department of Labor, Employment and Economic Development Administration Contracting Provisions for Construction Projects Training Administration The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman's hourly rate specified in the applicable wage determination Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed In addition, any trainee performing work on the fob site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved (3) Equal employment opportunity The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, Equal Employment Opportunity, as amended, and 29 C F R part 30 (e) Compliance with Copeland Anti - Kickback Act Requirements The Contractor shall comply with the Copeland Anti- Kickback Act (18 U S C § 874 and 40 U S C § 276(c)) as supplemented by Department of Labor regulations (29 C F R. part 3, "Contractors and Subcontractors on Public Buildings or Public Works Financed in Whole or in Part by Loans or Grants of the United States ") The Act provides that the Contractor and any subcontractors shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public facilities, to give up any part of the compensation to which they are otherwise entitled The Owner shall report all suspected or reported violations to EDA (f) Subcontracts The Contractor and any subcontractors will insert in any subcontracts the clauses contained in 29 C F R §§ 5 5(a)(1) through (10) and such other clauses as EDA or its designee may require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 C F R part 5 5 (g) Contract termination; debarment The breach of the contract clauses in 29 C F R part 5 5 may be grounds for termination of the contract, and for debarment as a Contractor and a subcontractor as provided in 29 C F R § 5 12 Economic Development Administration Contracting Provisions for Construction Projects (h) Compliance with Davis -Bacon and Related Act Requirements All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 C F R parts 1, 3, and 5 are herein incorporated by reference in this contract (i) Disputes concerning labor standards Disputes ansing out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 C F R parts 5, 6, and 7 Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and EDA or its designee, the U S Department of Labor, or the employees or their representatives �) Certification of Eligibility (1)By entering into this Contract, the Contractor certifies that neither it nor any person or Finn that has an interest in the Contractor's fine is a person or fine ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 C F R § 5 12(a)(1) (2) No part of this Contract shall be subcontracted to any person or fine ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 C F R § 5 12(a)(1) (3) The penalty for making false statements is prescribed in the U S Criminal Code, 18 us § 1001 16 LABOR STANDARDS - CONTRACT WORK HOURS AND SAFETY STANDARDSACT As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards (a) Overtime requirements No Contractor or subcontractor contracting for any part of the Contract work, which may require or involve the employment of laborers or mechanics, shall require or permit any such laborer or mechanic in any workweek in which that person is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek (b) Violation; liability for unpaid wages, liquidated damages In the event of any violation of the clause set forth in paragraph (a) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a) of this section, in the sum of $10 for each calendar day on which such individual was required or Economic Development Administration Contracting Provisions for Construction Projects permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section (c) Withholding for unpaid wages and liquidated damages EDA or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such Contract or any other federal contract with the same prime Contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b) of this section (d) Subcontracts The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (a) through (c) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (c) of this section 17 EOUAL EMPLOYMENT OPPORTUNITY (a) The Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C F R chapter 60, which is paid for in whole or in part with funds obtained from EDA, the following equal opportunity clause During the performance of this contract, the Contractor agrees as follows (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin Such action shall include, but not be limited to the following Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training including apprenticeship The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices to be provided setting forth the provisions of this nondiscrimination clause (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin (3) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers representatives of the Contractor's Economic Development Administration Contracting Provisions for Construction Projects commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor (5) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and pursuant to rules, regulations, and orders of the Secretary of Labor and will permit access to its books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally - assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as otherwise provided by law (7) The Contractor will include the portion of the sentence immediately preceding paragraph 17(a) (1) and the provisions of paragraphs 17(a)(1) through (6) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor The Contractor will take such action with respect to any subcontract or purchase order as EDA or the Secretary of Labor may direct as a means of enforcing such provisions, including sanctions for noncompliance Provided, however, that in the event the Contractor becomes involved in or is threatened with litigation with or by a subcontractor or vendor as a result of such direction by EDA or the Secretary of Labor, the Contractor may request the United States to enter into such litigation to protect the interests of the United States (8) The Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally - assisted construction work Provided, however, that if the Recipient so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government that does not participate in work on or under the Contract (9) The Recipient agrees that it will assist and cooperate actively with EDA and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish EDA and the Secretary of Labor such information as they may Economic Development Administration Contracting Provisions for Construction Projects require for the supervision of such compliance, and that it will otherwise assist EDA in the discharge of the EDA's primary responsibility for securing compliance (10) The Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a Contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by EDA or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order In addition, the Recipient agrees that if it fails or refuses to comply with these undertakings, EDA may take any or all of the following actions Cancel, terminate, or suspend in whole or in part this EDA financial assistance, refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant, and refer the case to the Department of Justice for appropriate legal proceedings (b) Exemptions to Above Equal Opportunity Clause (41 C F R chapter 60). (1) Contracts and subcontracts not exceeding $10,000 (other than Government bills of lading) are exempt The amount of the Contract, rather than the amount of the federal financial assistance, shall govern in determining the applicability of this exemption (2) Except in the case of subcontractors for the performance of construction work at the site of construction, the clause shall not be required to be inserted in subcontracts below the second tier (3) Contracts and subcontracts not exceeding $10,000 for standard commercial supplies or raw materials are exempt 18 CONTRACTING WITH SMALL, MINORITY AND WOMEN'S BUSINESSES (a) If the Contractor intends to let any subcontracts for a portion of the work, the Contractor shall take affirmative steps to assure that small, minority and women's businesses are used when possible as sources of supplies, equipment, construction, and services (b) Affirmative steps shall consist of (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists, (2) Ensuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources, Economic Development Administration Contracting Provisions for Construction Projects (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises, (4) Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women's business enterprises, (5) Using the services and assistance of the U S Small Business Administration, the Minority Business Development Agency of the U S Department of Commerce, and State and local governmental small business agencies, (6) Requiring each party to a subcontract to take the affirmative steps of this section, and (7) The Contractor is encouraged to procure goods and services from labor surplus area firms 19 HEALTH, SAFETY, AND ACCIDENT PREVENTION (a) In performing this contract, the Contractor shall (1) Ensure that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to their health and/or safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation, (2) Protect the lives, health, and safety of other persons, (3) Prevent damage to property, materials, supplies, and equipment, and, (4) Avoid work interruptions (b) For these purposes, the Contractor shall (1) Comply with regulations and standards issued by the Secretary of Labor at 29 C F R part 1926 Failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (40 U S C § 3701— 3708), and (2) Include the terms of this clause in every subcontract so that such terms will be binding on each subcontractor (c) The Contractor shall maintain an accurate record of exposure data on all accidents incident to work performed under this Contract resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment, and shall report this data in the manner prescribed by 29 C F R part 1904 Economic Development Administration Contracting Provisions for Construction Projects (d) The Owner shall notify the Contractor of any noncompliance with these requirements and of the corrective action required This notice, when delivered to the Contractor or the Contractor's representative at the site of the Work, shall be deemed sufficient notice of the noncompliance and corrective action required After receiving the notice, the Contractor shall immediately take corrective action If the Contractor fails or refuses to take corrective action promptly, the Owner may issue an order stopping all or part of the Work until satisfactory corrective action has been taken The Contractor shall not base any claim or request for equitable adjustment for additional time or money on any stop order issued under these circumstances (e) The Contractor shall be responsible for its subcontractors' compliance with the provisions of this clause The Contractor shall take such action with respect to any subcontract as EDA, or the Secretary of Labor shall direct as a means of enforcing such provisions 20 CONFLICT OF INTEREST AND OTHER PROHIBITED INTERESTS (a) No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part hereof (b) No officer, employee, architect, attorney, engineer, or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative, executive, supervisory or other similar functions in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project (c) The Contractor may not knowingly contract with a supplier or manufacturer if the individual or entity who prepared the Contract Documents has a corporate or financial affiliation with the supplier or manufacturer (d) The Owner's officers, employees, or agents shall not engage in the award or administration of this Contract if a conflict of interest, real or apparent, may be involved Such a conflict may arise when (i) the employee, officer or agent; (ti) any member of their immediate family, (iii) their partner or (iv) an organization that employs, or is about to employ, any of the above, has a financial interest in the Contractor The Owner's officers, employees, or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from the Contractor or subcontractors (e) If the Owner finds after a notice and hearing that the Contractor, or any of the Contractor's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of the Owner or EDA in an attempt to secure this Contract or favorable treatment in awarding, amending, or making any determinations related to the performance of this Contract, the Owner may, by written notice to the Contractor, terminate this Contract The Owner may also pursue other rights and remedies that the law or this Contract Economic Development Administration Contracting Provisions for Construction Projects I provides However, the existence of the facts on which the Owner bases such findings shall be an issue and may be reviewed in proceedings under the dispute resolution provisions of this Contract (f) In the event this Contract is terminated as provided in paragraph (e) of this section, the Owner may pursue the same remedies against the Contractor as it could pursue in the event of a breach of this Contract by the Contractor As a penalty, in addition to any other damages to which it may be entitled by law, the Owner may pursue exemplary damages in an amount (as determined by the Owner) which shall not be less than three nor more than ten times the costs the Contractor incurs in providing any such gratuities to any such officer or employee 21 RESTRICTIONS ON LOBBYING (a) This Contract, or subcontract is subject to section 319 of Public Law 101 -121, which added section 1352, regarding lobbying restrictions, to chapter 13 of title 31 of the United States Code The new section is explained in the common rule, 15 C F R part 28 (55 FR 6736 -6748, February 26, 1990) Each bidder under this Contract or subcontract is generally prohibited from using federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with this EDA Award (b) Contract Clause Threshold This Contract Clause regarding lobbying must be included in each bid for a contract or subcontract exceeding $100,000 of federal funds at any tier under the EDA Award (c) Certification and Disclosure Each bidder of a contract or subcontract exceeding $100,000 of federal funds at any tier under the federal Award must file Form CD -512, Certification Regarding Lobbying, and, if applicable, Standard Form -LLL, Disclosure of Lobbying Activities, regarding the use of any nonfederal funds for lobbying Certifications shall be retained by the Contractor or subcontractor at the next higher tier All disclosure forms, however, shall be forwarded from tier to tier until received by the Recipient of the EDA Award, who shall forward all disclosure forms to EDA (d) Continuing Disclosure Requirement Each Contractor or subcontractor that is subject to the Certification and Disclosure provision of this Contract Clause is required to file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by such person Disclosure forms shall be forwarded from tier to tier until received by the Recipient of the EDA Award, who shall forward all disclosure forms to EDA (e) Indian Tribes, Tribal Organizations, or Other Indian Organizations Indian tribes, tribal organizations, or any other Indian organizations, including Alaskan Native organizations, are excluded from the above lobbying restrictions and reporting requirements, but only with respect to expenditures that are by such tribes or organizations for lobbying activities permitted by other federal law An Indian tribe or organization that is seeking an exclusion from Certification and Disclosure requirements must provide EDA with the citation of the provision or provisions of federal law upon which it relies to conduct lobbying activities that would otherwise Economic Development Administration Contracting Provisions for Construction Projects be subject to the prohibitions in and to the Certification and Disclosure requirements of section 319 of Public Law No 101 -121, preferably through an attorney's opinion Note, also, that a non- Indian subrecipient, contractor, or subcontractor under an award to an Indian tnbe, for example, is subject to the restrictions and reporting requirements 22 HISTORICAL AND ARCHAEOLOGICAL DATA PRESERVATION The Contractor agrees to facilitate the preservation and enhancement of structures and objects of historical, architectural or archaeological significance and when such items are found and/or unearthed during the course of project construction Any excavation by the Contractor that uncovers an historical or archaeological artifact shall be immediately reported to the Owner and a representative of EDA Construction shall be temporarily halted pending the notification process and further directions issued by EDA after consultation with the State Historic Preservation Officer (SHPO) for recovery of the items See the National Historic Preservation Act of 1966 (80 Stat 915, 16 U S C § 470) and Executive Order No 11593 of May 31, 1971 23 CLEAN AIR AND WATER Applicable to Contracts in Excess of $100,000 (a) Definition "Facility" means any building, plant, installation, structure, mine, vessel, or other floating craft, location, or site of operations, owned, leased, or supervised by the Contractor or any subcontractor, used in the performance of the Contract or any subcontract. When a location or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the United States Environmental Protection Agency (EPA) determines that independent facilities are collocated in one geographical area (b) In compliance with regulations issued by the EPA, 2 C F R part 1532, pursuant to the Clean Air Act, as amended (42 U S C § 7401 et seq ), the Federal Water Pollution Control Act, as amended (33 U S.0 § 1251 et seq ), and Executive Order 11738, the Contractor agrees to (1) Not utilize any facility in the performance of this contract or any subcontract which is listed on the EPA List of Violating Facilities pursuant to 2 C F.R. part 1532 for the duration of time that the facility remains on the list; (2) Promptly notify the Owner if a facility the Contractor intends to use in the performance of this contract is on the EPA List of Violating Facilities or the Contractor knows that it has been recommended to be placed on the List, (3) Comply with all requirements of the Clean Air Act and the Federal Water Pollution Control Act, including the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act, and all applicable clean air and clean water standards, and Economic Development Administration Contracting Provisions for Construction Projects (4) Include or cause to be included the provisions of this clause in every subcontract and take such action as EDA may direct as a means of enforcing such provisions 24 USE OF LEAD -BASED PAINTS ON RESIDENTIAL STRUCTURES (a) If the work under this Contract involves construction or rehabilitation of residential structures, the Contractor shall comply with the Lead -based Paint Poisoning Prevention Act (42 U S C § 483 1) The Contractor shall assure that paint used on the Project on applicable surfaces does not contain lead in excess of the percentages set forth in Paragraphs (a) and (b) of this section In determining compliance with these standards, the lead content of the paint shall be measured on the basis of the total nonvolatile content of the paint or on the basis of an equivalent measure of lead in the dried film of paint already applied (1) For paint manufactured after June 22, 1977, paint may not contain lead in excess of 6 one - hundredths of 1 percent ( 0006) lead by weight (2) For paint manufactured on or before June 22, 1977, paint may not contain lead in excess of five- tenths of 1 percent lead by weight (b) As a condition to receiving assistance under PWEDA, recipients shall assure that the restriction against the use of lead -based paint is included in all contracts and subcontracts involving the use of federal funds (c) Definitions (1) "Applicable surfaces" are those exterior surfaces which are readily accessible to children under seven years of age (2) "Residential structures" means houses, apartments, or other structures intended for human habitation, including institutional structures where persons reside, which are accessible to children under seven years of age, such as day care centers, intermediate and extended care facilities, and certain community facilities 25 ENERGY EFFICIENCY The Contractor shall comply with all standards and policies relating to energy efficiency which are contained in the energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public L No 94 -163) for the State in which the Work under the Contract is performed 26 ENVIRONMENTAL REQUIREMENTS When constructing a Project involving trenching and/or other related earth excavations, the Contractor shall comply with the following environmental constraints (1) Wetlands When disposing of excess, spoil, or other construction materials on public or private property, the Contractor shall not fill in or otherwise convert wetlands Economic Development Administration Contracting Provisions for Construction Projects (2) Floodplains When disposing of excess, spoil, or other construction materials on public or private property, the Contractor shall not fill in or otherwise convert 100 year Foodplam areas delineated on the latest Federal Emergency Management Agency (FEMA) Floodplain Maps, or other appropriate maps, i e, alluvial soils on Natural Resource Conservation Service (MRCS) Soil Survey Maps (4) Endangered Species The Contractor shall comply with the Endangered Species Act, which provides for the protection of endangered and/or threatened species and critical habitat Should any evidence of the presence of endangered and/or threatened species or their critical habitat be brought to the attention of the Contractor, the Contractor will immediately report this evidence to the Owner and a representative of EDA Construction shall be temporarily halted pending the notification process and further directions issued by EDA after consultation with the U S Fish and Wildlife Service 27 DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSIONS As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 C F R part 1326, for prospective participants in lower tier covered transactions (except subcontracts for goods or services under the $25,000 small purchase threshold unless the subrecipient will have a critical influence on or substantive control over the award), as defined at 2 C F R part 1326 (1) By entering into this Contract, and by further executing Form CD -512, the Contractor and subcontractors certify, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this Contract by any federal department or agency (2) Where the Contractor or subcontractors are unable to certify to any of the statements in this certification, the Contractor or subcontractors shall attach an explanation to this bid See also 15 C F R §§ 14 13 or 24 35, as applicable 28 EDA PROJECT SIGN The Contractor shall supply, erect, and maintain in good condition a Project sign according to the specifications provided by EDA To the extent practical, the sign should be a free standing sign Project signs shall not be located on public highway rights -of -way Location and height of signs will be coordinated with the local agency responsible for highway or street safety in the Project area, if any possibility exists for obstructing vehicular traffic line of sight Whenever the EDA site sign specifications conflict with State law or local ordinances, the EDA Regional Director will permit such conflicting specifications to be modified so as to comply with State law or local ordinance Economic Development Administration Contracting Provisions for Construction Projects DATE SUBMITTED- February 14, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5147 Committee Meeting Date: March 9, 2011 relating to Title 9 of the Bremerton COUNCIL MEETING Date: March 16, 2011 Municipal Code entitled "Peace, Safety and Department: _City Attorney's Office Morals" and Title 6 entitled "Health and Presenter- Roger A. Lubovich Sanitation." Phone: 473 -2345 SUMMARY: The proposed ordinance repeals Chapter 6.02 of the Bremerton Municipal Code entitled "Solid Waste Management" and reorganizes certain chapters of the Bremerton Municipal Code by recodifying these chapters from Title 9 entitled "Peace, Safety and Morals" to Title 6 entitled "Health and Sanitation" and further by making certain amendments to the provisions of these chapters regarding enforcement and other related matters ATTACHMENTS: Proposed Ordinance. No. 514'7 _ FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY- FINANCE DIRECTOR- MAYOR: COMMITTEE CHAIR 9 COUNCIL PRESIDENT ey G r' CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Ordinance No. 5147 relating to Title 9 of the Bremerton Municipal Code entitled "Peace, Safety and Morals" and Title 6 entitled "Health and Sanitation " COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5 147 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 6 02 of the Bremerton Municipal Code entitled "Solid Waste Management ", recodifying certain chapters of the code from Title 9 entitled "Peace, Safety and Morals" to Title 6 entitled "Health and Sanitation" and further making certain amendments to these chapters. WHEREAS, the City Council desires to reorganize certain chapters of the Bremerton Municipal Code relating to public nuisances, dunk vehicles, nuisance vegetation and graffiti by recodifying these chapters from Title 9 entitled "Peace, Safety and Morals" to Title 6 entitled "Health and Sanitation" and further make amendments to the provisions of these chapters regarding enforcement and other matters, and WHEREAS, as part of this reorganization, the City Council also desires to repeal Chapter 6 02 of the Bremerton Municipal Code entitled "Solid Waste Management" since this chapter is no longer applicable to the administration of solid waste services in the City, and amend BMC 2 62 045 to remove jurisdiction of appeals of administrative decisions from the Municipal Court Hearing Examiner as it relates to the chapters of Title 6 of the Bremerton Municipal Code, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L Chapter 6.02 of the Bremerton Municipal Code entitled "Solid Waste Management" is hereby repealed in its entirety. CHAPTER SOLID \77 A STT. M A M A GEA ifENT -r rz rr�rrrrraaiiro-arra�z ^rr This ehapter- establishes all selid waste s vqee l eve l s, of serviee > > pr-eeessing and dispe o f solid -w rite- > > of the City Approval by the City Getmei. shall be Re"q- ired be Kitsap County Regien Plan tegethei with amendinews and suppei4ing plans, wtil have any fer-ee and effeet wAffl 1 Code Enforcement — Health and Sanitation the City ef WeineFten. implementing or-dinanees and-Fegulattens shall be passed by the C ptwsuant to Seetieft 10 of the Washing4en Solid Waste Aet of 198-9-. 6.02.030 SOLID WASTE GOALS. (1) Waste Reduetten. (3) SepaFated waste (4) Eftefgy > . r meyeling rate by 1995 Reeyele pfegFafas implemented within the City must aftempt t& 6.02.100 SOLID WASTE COMMITTEE ESTABLISHED. There is established a Solid Waste Advisory CommAtee Fespensible for- advistfig th Mayor- and City Cetifiet! en selid waste management and serviees it shall r-eeemmend th mest equttable means efpr-eviding these sef-vtees. These sefviees shall suppeft efivimmflefitai eefiewns ef the State and City, be ift aeeefdanee with the Kitsap Geunty SeNd Waste for- tt,o se � =va aaav v.a� ., uviza - w - w�cv. 6. 02 . 110 MEMBEneurn AND err. R MS nr OFFIC - E ^i v'r v'>r^i City Geunefl. "Am (2) with and ebtata advisory input ffem r-epr-esemattyes Kitsap County Solid Waste Manage Brrefnef4efi Kitsap County Beard of Health Washingten Waste Management Asseetatten 2 Code Enforcement — Health and Sanitation (e) Citizen member-9 shall be appointed and r-emeyed by the-?4&)er- with The City Gouneil President-shall appoint !he Geefteil Member-9, one of whfieffi-A- -Sepve as Ct{F: adflifflistretwe > required, . SECTION 2. Chapter 9 16 entitled "Public Nuisances" is hereby recodified to Chapter 6 02 and is further amended as follows - Chapter 9.46 PUBLIC NUISANCES 96 PROHIBITED CONDUCT. It is a violation of this chapter for any person to permit, create, maintain, or allow, upon any premises, any of the acts or things declared in BMC 946 020 to be a public nuisance. As used herein, public nuisance means a nuisance which affects equally the rights of an entire community or neighborhood, although the extent of the damage may be unequal. 9.46 TYPES OF NUISANCES. Each of the following conditions, unless otherwise permitted by law, is declared to constitute a public nuisance, and whenever the director determines that any of these conditions exist upon any premises, the director may provide for the abatement thereof and monetary penalties may be assessed pursuant to Chapter 104 BMC, Code Enforcement: (a) Erecting, maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any premises, which may be viewed or smelled from without the premises, or in or upon any street, alley, sidewalk, park, parkway or other public or private place in the city, any of the following disorderly, disturbing, unsanitary, fly - producing, rat - harboring, disease - causing places, conditions or things - (1) Any putrid, unhealthy or unwholesome bones, meat, hides, skins, the whole or any part of any dead animal, fish or fowl, or waste parts of fish, vegetable or animal matter in any quantity; the carcass of any animal, manure, human urine and/or excrement, decayed waste or discarded food, meat, fish, animal or vegetable refuse or any putrid or offensive animal or vegetable matter; but nothing herein shall prevent the temporary retention of waste in approved appropriate covered receptacles; or (2) Any privies, vaults, cesspools, open containers of stagnant water, sumps, pits or like places which are not securely protected from flies and rats, or which are malodorous, or (3) An accumulation of material including, but not limited to, bottles, cans, glass, plastic, ashes, scrap metal, wire bric- a -brac, broken stone, broken crockery, broken glass, broken plaster, litter, rags, empty barrels, boxes, crates, packing cases, mattresses, bedding, packing hay, straw or other packing material or building materials 3 Code Enforcement — Health and Sanitation including lumber, plumbing materials, wallboard, sheet metal, plaster, brick, cement, asphalt, concrete block, roofing material, cans of paint and similar materials which not properly stored or neatly piled or is offensive to a reasonable person or in which flies or rats may breed or multiply; or (4) Accumulation of any garbage and refuse as defined in ehapNw- Chapter 6.04 BMC; or (5) Accumulation of yard trimmings, excluding properly maintained yard compost, or other matter which is offensive to a reasonable person, except for such yard debris that is properly contained for the purpose of composting and concealed so as not to affect the health, safety or depreciation of adjoining property (b) The existence of any fence or other structure on private property abutting or fronting upon any public street, sidewalk or place which is in a sagging, leaning, fallen, decayed or other dilapidated or unsafe condition; or (c) The existence of wrecked or disassembled trailers, house trailers, boats, tractors or other vehicle, appliance or machinery of any kind, or any major parts thereof; or (d) The existence on any premises of any abandoned or unused well, pit, shaft, cistern or storage tank without first demolishing or removing from the premises such storage tank, or securely closing and barring any entrance or trapdoor thereto or without filling any well, pit, shaft or cistern or capping the same with sufficient security to prevent access thereto, or (e) The existence in a place accessible to children of any attractive nuisance dangerous to children, including but not limited to any abandoned, broken or neglected equipment, machinery, refrigerator, freezer, or other large appliance (f) Any use of property abutting on a public street or sidewalk or any use of a public street or sidewalk which causes people to gather in numbers sufficient to obstruct vehicular or pedestrian traffic. This subsection shall not apply to events, programs or parades authorized by the city. (g) Any poisonous or harmful substance which is reasonably accessible to persons or to animals (h) Soils contaminated by dangerous waste, hazardous substances or hazardous wastes as those terms are defined in RCW 70.105 010. (i) Nuisance vegetation as defined in Chapter 944 BMC, 0) Lumber, wood, cardboard or other flammable material of any kind including, but not limited to, any hazardous materials or waste oil, gasoline or diesel products stored in such a manner as to constitute a fire or safety hazard. (k) Scrap metal, appliances, rubber, tools, implements, or parts or portions thereof, batteries, rope, rags, or plastic, i (1) The maintenance of signs and/or sign structures relating to uses no longer conducted or products no longer sold on vacant commercial, industrial or institutional buildings or lots more than forty -five (45) days after the building becomes vacant or event or purpose for which the sign or structure was erected has passed; (m) Buildings or structures which are abandoned, vandalized, partially destroyed, or permitted to remain in a state of partial construction or partial demolition in such a state as to constitute an attractive nuisance; 4 Code Enforcement — Health and Sanitation i (n) The failure to safely and completely close, maintain and secure all doorways, windows or other openings into vacant structures or to secure broken windows to secure the structure from unauthorized entry, (o) Every building or unit within a building used for the purpose of unlawfully manufacturing, delivering, selling, storing or giving away any controlled substance as defined in Chapter 69 50 RCW, legend drug as defined in Chapter 69.41 RCW, or imitation controlled substance as defined in Chapter 69 52 RCW, and every building or unit within a building wherein or upon which such acts take place (p) Unprotected and/or hazardous foundations and excavations; (q) Land or property which because of conditions on site (whether its natural state or as a result of grading, surface water drainage or acts of nature such as earthquakes, rain, landslides, sinkholes and so forth) presents problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare, including to adjacent property owners. (r) The existence of any uraffiti As used in this subsection "graffiti" means the writing, drawing, or script located on any public or private buildings structures places walls fences, windows, signs or other open printable spaces which damages or defaces the structure or other surface and which is visible from any public right-of-way or public property 9:6 AUTHORIZED ACT NOT A PUBLIC NUISANCE. No act which is done or maintained under the express authority of a statute or ordinance can be deemed a public nuisance 9-4b VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 104 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12 020(2) BMC. (c) As an alternative to any other penalty provided in this chapter, pursuant to a violation of BMC 9-46 02 020(o), abatement proceedings may be instituted under Chapter 7 43 RCW. SECTION 3. Chapter 9 08 entitled "Unauthorized and Junk Vehicles" is hereby repealed in its entirety and replaced with a new chapter codified as Chapter 6 06 entitled "Junk Vehicles" as follows- Chapter 9.08 UNAUTHORIZED AND "Unauthenzed vehiele" means a vehiele that is sul- j eet to 1111 3111wn't .4-- 1.- ng left. (a) Publie lee UANQ 5 Code Enforcement — Health and Sanitation • • • • • i • • • • • • • Y. Y. • • lk� Y_ • feur- (24) hours. The netifleatien shall eentain a eeAffleate of fnailing to the last known nettee or- if the registered owner- and the legal ewner- afe not rvasenWy aseeftainable. pr the registered tow tigiek eper-ater- with the name aftd address ef the last registem ewner- md legal owner- of the Yehiele as-may be shown by the r-eear-ds of the depaAmeat ef: as 9.09-050 11%4POUND HEARING. . (b) The muntetpM eetif4, within fiye days after- the r-equest fier- a heming, shall fie: NUISANCE. (e) At the heafing, the per-sen of per-seas requesting the hemng may pr-eduee an with the posted rates, and whe ts r-espeasible for- parneat of the ebaFges-. (e) if the impetindment is detemined to be iftyaltd, theft the registered and lega4 ewtier-9 ef the-yehiele shall beef ne impeuRdment, tewing, or- storage eests, and the filing fee and any bond or- other- seeunty -.—m..ed or-disehar-ged as appr-epnate, and the pef (0 Deetstens of the admintstFative heanag effieer may be appealed to the Kitsap r-eme-va4 may be assessed against the last f;egister-ed ewaer- ef the i , ehiele if the tdeattty ef thee eemphed with RGW 4 6 12 10 1, er- the eests may be assessed against the ewfier- of the 7 Code Enforcement — Health and Sanitation legal owner- ef the Yehiele, lie abatemen4 aetteR shall be eemmeneed seener- than twenptdeys Yehiele under pFeeedures of RGW 46.55 230 , equipment-. " j un k n ef the fellewing. breken windew eF winds -or- missing wheels, hr-es, motorr eF (3) is appar-ently inoperable;- 9 .08-07-0- NOTICE OF REARENQ (a) A nettee shall be sent by eet4ified mad te the last registered ewfler- ef rveer-d r-equested, and the- N is- not remeyed within ten days aftef: the City has maile the ewfier- of the land as shewn on the last equalized assessment r-ell and te the�' I , D AQ 8 001 ABATEMENT r A Dil►',/'� �v vwzerr v- land (a) The ewner- of the land eft whieh Ofte vehiele is leemed may appea- the dental if it is detefmined at the heanag that the Yebtele was plaeed en the land without t the land ' ' , heanng that the vehiele was plaeed eft the land with the eefisent of the landowner- or- he has landowner- and shall be paid t& the T-r-easumf within 30 days ef the heafing and if delinque shall be filed as a garbage eelleetien and dispesal hen en the prepefty Deeisteffs-44-he , judgme.w. 8 Code Enforcement — Health and Sanitation iawfui . not visible from the street or- other. pubhe or- private pr-epeFty, or- avehiele- te RGW 46.80 130, shall not be subjeet to . (e) After- nefiee of intent te abaw and after- hearing, if requested, has been held, t vehiele or- paft thereof shall be Femoved at the request of the Br-efnmen Poke DepaFtfRefit has - been - wreeked. 9_08 090 TOW TRUCK OPERA-TOR COMPLIANCE { qTM R GU A T7ONS - .- , vv v��s �y —rz�v �ra-- ^ �� vehieles as may be required by RCW ChWer- 46.55, er- pfemulgated by the City or- the Chapter 6.06 JUNK VEHICLES 6.06.010 PURPOSE. The purpose of this chapter is to preserve the character and safety of the city's neighborhoods by eliminating as nuisances junk vehicles from private property, and to provide procedures for the removal of junk vehicles as authonzed by RCW 46.55 240 6.06.020 DEFINITIONS. For the purposes of this chapter, the following words shall have the following meaning- Director means the director of the department in charge of code enforcement or his or her designee or any designated alternate who is empowered by ordinance or by the Mayor to enforce this chapter including assigned code enforcement officials Junk vehicle means a vehicle meeting at least three (3) of the following requirements: (RCW 46 55 010(4)) (a) Is three (3) years old or older-, (b) Is extensively damaged such damage including but not limited to any of the following A broken window or windshield or missing wheels tires motor or transmission• (c) Is apparently inoperable• (d) Has an approximate fair market value equal only to the approximate value of the scrap in it. Landowner means an owner of private property, or a person in possession or control of pnvate property 6.06.030 PUBLIC NUISANCE DECLARED. All iunk vehicles certified as such by a law enforcement officer or code enforcement officer designated by the director according to RCW 46 55 230 and found on pnvate property are declared to constitute a public nuisance subject to removal impoundment and disposal It 9 Code Enforcement — Health and Sanitation is unlawful for any individual firm entity or corporation to allow, cause to allow or place a funk vehicle on any premises 6.06.040 EXEMPTIONS. (a) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not viaible from the street or other public or private property: or (b) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to the provisions of RCW 46.80.130. 6.06.050 ABATEMENT AND REMOVAL OF JUNK VEHICLES ON PRIVATE PROPERTY. (a) i/oluntary correction Whenever the code enforcement officer determines that a vehicle is a public nuisance and in violation of this chapter, a reasonable attempt shall be made to secure voluntary correction from the landowner and the vehicle's registered owner. Issuance of notice of civil violation If the code compliance officer does not obtain voluntary correction of the public nuisance the officer may issue a notice of civil violation to the landowner of record and the vehicle's last re stered owner of record in accordance with the provisions of BMC 1.04 040 (c) Content For violations of this chapter, the notice of civil violation shall contain the following information• I The name and address of the landowner of record up whose ro ert the vehicle is located• 2. The name and address of the vehicle's last registered owner of record vrovided license or vehicle identification numbers are available 3. The vehicle descn tion includin : the license plate number and/or the vehicle identification number: the model year: the make: and the factors which render the vehicle a public nuisance• 4. The street address of a descn tion sufficient for identification of the property where the vehicle is located• 5. The required corrective action and a date and time by which the correction must be completed 6. The date time and location of a he before the heann examiner on the auestion of abatement and removal of the vehicle or part thereof as a public nuisance which will be at least ten (10) days from the date the notice is issued 7 A statement i—A ing that the hearing will be canceled and no monetary penalty will be assessed if the required corrective action is completed at the time requested for compliance prior to the scheduled hearing 8 A statement indicatin that the city may remove impound and dispose of the vehicle and assess all costs and ex enses of administration removing, impounding and disposing of the vehicle against the landowner or the registered owner as ordered by the hearing examiner, and 9. A statement that a monetM penal t ur want to BM C 1 04.040 b in an amount per day for each violation shall be assessed against the landowner and/or the vehicle's 10 Code Enforcement — Health and Sanitation registered owner as specified and ordered by the hearing examiner in accordance with BMC 1 04 040 (d) Service ofnotice The notice shall be mailed by certified mail with a fifteen (15) day return receipt requested to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record unless the vehicle is in such condition that identification numbers are not available to determine ownership. e) Landowner resnonsibthty disclaimer The landowner may appear in person at the hearing or present a written statement prior to the hearing, to deny responsibility for the vehicle's presence on the property. If the hearing examiner determines that the vehicle was placed on the property without the landowner's consent and that the landowner has not subsequently acquiesced in its presence then the costs and expenses of administration removing, impounding and disposing of the vehicle shall not be assessed against the landowner or otherwise attempted to be collected from said landowner. (f) Removal by the city Pursuant to the hearing examiner's orders the vehicle or part thereof may be removed at the request of a law enforcement officer, the city may use any lawful means to cause the vehicle to be removed from the private property and disposed of to a licensed motor vehicle wrecker or hulk hauler or scrap processor with notice to the Washington State Patrol and the Washin on Department of Licensing that the vehicle has been wrecked. (g) Recovery ofcosts and expenses 1 The costs of removal and disposal shall be assessed against the last registered owner if the identity of the owner can be determined unless the owner in the transfer of ownership complied with RCW 46 12.650, or against the landowner of record of the property on which the vehicle is stored or both If both the owner of the vehicle and the landowner are assessed the costs of removal then liability for the costs shall be their joint and separate obligation ion 2. The costs of administration and of removal and disposal of the vehicle may be recovered pursuant to BMC 104 090(b) (h) Conflict ofDrovisions The notice and related requirements of this section BMC 6 06 050, are intended to supplement those of BMC 1.04 040 however, should a conflict exist the provisions of BMC 6 06 050 shall prevail 6.06.060 VIOLATION — PENALTY. (a) Any violation of any provision of this chapter is a civil violation as provided for in Chapter 104 BMC, for which a monetary penalty may be assessed and abatement may be required as provided therein (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1 12 020(2) BMC 6.06.070 RULES AND PROCEDURES. The applicable department director in charge of enforcement of this chapter may adopt such rules as may be necessary to effectively implement and administer this chapter 11 Code Enforcement — Health and Sanitation SECTION 4. Chapter 9.14 entitled "Nuisance Vegetation" is hereby recodified to Chapter 6 08 and is further amended as follows: Chapter 944 NUISANCE VEGETATION 9.14.005 PURPOSE. This chapter is an exercise of the City's police power to protect the public health, safety and welfare; and to provide enforcement, abatement and collection of abatement expenses by the City. This chapter shall be enforced for the benefit of the general public, not for the benefit of any particular person or class of persons. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner or occupant or other person in control of the property within the scope of this chapter and not to impose any duty upon the City or any of its officers, officials or employees which would subject them to damages in a civil action. 9.14.010 NUISANCE DECLARED. (a) The owner or occupant or other person in control of any property within the city shall remove or destroy all trees, plants, shrubs or vegetation, or any parts thereof, which overhang any sidewalk at a clearance height of less than eight (8) feet or street at a clearance height of less than sixteen (16) feet or which are situate on the property or on the portion of the street or sidewalk abutting thereon, in such manner as to obstruct or impair the free and full use of the sidewalk or street, including the interruption or interference with the clear vision of pedestrians or persons operating vehicles thereon, or interfering with sidewalks, streets, poles, wires, pipes, fixtures or any other part of any public utility situate in the street. (b) It is unlawful and a nuisance for the owner or occupant or other person in control of real property, including any unimproved planting strips, right -of -way or similar area abutting and adjacent to such real property to allow, continue or maintain the following vegetation (1) Grass and weeds exceeding twelve inches in height except in areas maintained for domestic livestock (2) Shrubs, brush, vines, trees or other vegetation growing or which has grown and died, cut vegetation, blackberry vines, and organic debris, which constitutes a fire hazard, or provides a harborage for rats, rodents or horticultural pests or otherwise constitutes a health hazard (3) Noxious and poisonous plants, including poison ivy, poison oak, poison hemlock, poison sumac, nettles and nightshade (4) Dead, decayed, diseased or hazardous trees 9.14.01 6.08.030 EXEMPTIONS. The following are exempt from the application of Seettex -4-14 01 g BMC 6 08 020 (b) (1) Undeveloped publicly owned watershed lands (2) Private property designated as open space land, farm and agricultural land and timberland under Chapter 84 34 RCW and taxed at current use assessment 12 Code Enforcement — Health and Sanitation (3) Wetlands and critical areas designated for protection under the Growth Management Act, Chapter 36.70A RCW (4) Parcels of land greater than 13,000 square feet, provided the perimeter 50 feet of these parcels must be maintained in compliance with seetien 9 14 -01 6.08.020 9. 14.0206.08.040 NOTICE TO REMOVE. Whenever in the opinion of the code enforcement officer, any trees, plants, shrubs or vegetation or parts thereof, should be removed or destroyed for any of the reasons set forth in Seetien 9.14.010 6.08 020 he or she shall cause a notice to be served on the owner or occupant or other person in control of the property in the manner hereinafter set forth. Such notice shall describe the property involved and the condition to be corrected and shall require that the owner or occupant or other person in control of the property cause the condition to be corrected within such period of time as shall be designated in the notice. The notice shall further provide that if the condition is not convected within the time specified, that after the termination of such period of time and on a date specified in the notice, a resolution will be presented to the city council to provide for the removal or destruction of the trees, plants, shrubs, vegetation or parts thereof, and the cost of that removal or destruction become a charge against the owner and a lien against the property Additionally, when enforcement of this Chapter is pursued pursuant to Chapter 104 BMC, the owner or occupant or other person in control of the property are subject to the enforcement provisions and remedies set forth therein 9:44.-030 SERVICE OF NOTICE. The notice provided for in Seetten 9. ! A28 6 08 040 shall be served by delivering the notice pursuant to requirements for service of notice set forth in Chapter 1.04 BMC. 9.14.0406.0_ 8.060 HEARING BY CITY COUNCIL. If the conditions described in the notice have not been corrected prior to the time specified therein, as authorized by RCW 35.213 10 a resolution shall be presented to the city council on the date designated in the notice therefor, which resolution shall provide that the department of the city, named therein shall after the date set therein forthwith cause the removal or destruction of the vegetation, or any part thereof, as specified or complained of in the notice Upon introduction of the resolution, the owner shall be entitled to be heard and to show cause, if any, why the vegetation or such part thereof should not be removed or destroyed. The finding of the city council determining that the vegetation described in the notice is or is not a nuisance shall be conclusive If the city council finds that the same is a nuisance and the owner has appeared at the hearing thereon, the owner may in the discretion of the council be given such additional time as may be specified by the council to abate the nuisance. 9.14.-05 COST OF REMOVAL. That whenever, after authorization by resolution of the city council, any trees, plants, shrubs or vegetation, or parts thereof, are removed or destroyed, the department causing the removal or destruction thereof shall keep an accurate record of the necessary costs, including 13 Code Enforcement — Health and Sanitation administrative charge, and shall become a charge against the owner and a lien against the property as authorized by RCW 35 213 10, as now or hereafter amended. 9.14.060 LIEN. Notice of the lien herein authorized shall as nearly as practicable be in substantially the same form, filed with the same officer within the same time and manner and enforced and foreclosed as is provided by law for liens for labor and material. 9.14.07-0 FAILURE TO REMOVE - PENALTY. The owning or maintaining of any trees, plants, shrubs, vegetation or parts thereof, in the manner described in Se etten 9 14.01 GBMC 6.08.020 is hereby declared to be a public nuisance Anyone violating the provisions of this chapter by failing to abate such nuisance within the time specified in the notice herein before described or witlun the time set by resolution of the city council, whichever time may be later, shall upon conviction thereof be guilty of a misdemeanor and subject to the provisions of BMC 1 12.020(2) 4:4-2. 9.14.080 ALTERNATIVE ENFORCEMENT. (a) In lieu of conducting a hearing, the City Council may, by resolution, forward any violation of this chapter to Chapter 104 BMC for enforcement. (b) In lieu of and as an alternative to a hearing and Council resolution as provided for in this chapter, any violation of any provision of this chapter may be enforced as a civil violation under Chapter 104 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (c) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to £eet}en BMC 1.12 020(2) x. SECTION 5. Chapter 9.90 entitled "Graffiti" is hereby repealed in its entirety Chap 9.90 CIS 9 DEFINITIO r - " Graffiti rr as used in this ehapter means the > > buildings wa f enees, win p ublie efty. 9.90.020 NUISANCE DECLARED NOTICE OF REMOVAL. (2) "enever- the effieial ehafged with enfer-eing the City Building Code e hts�heF designated s buildtfigs , 14 Code Enforcement — Health and Sanitation netiee te be isseed te abate sueh nuisanee. The pr-epei4y ewner- sha4l have fifteen (15) dayg after- the date ef the nettee te r-efneve the gFaffid er- the some will be 9*eet to abateffient-by the City. , knewit. if there is ne knewn address fer- the e%%er-, the nettee shall be sent in eam ef the pr-epefty address. SeFyiee may be by pefsenal seFViee, er- registered md fiFst Wass mail- n nn 030 A PPEAL . �.� v.ovv Within seven (7) working days fi;efn the fnading er- &in pefsenal seffiee of the Refie nefiee ef abatement te the Heafing Examiner- tinder- pmeedufes ef BMG 2.62.045. Filing of appeab n nn non REMOv s r BY TH CITY o. vz �Z'rn � _ designated date, er- seeh eentinued date thereafter- as the peltee Chief er- hiAer- designat r-epr-esentatwe app es, then the City or- its pnyate eentfaetef is authenzed te enter- upon-the be taken, and any paint used to oblitemte or- eeYer- gFaffitt shall be as-eiese as pr-aetteable to baekgFeund eeler and the ffeas r-epainted shall be the iterate the gffiffitl.' SECTION & Section 2.62.045 of the Bremerton Municipal Code entitled "Municipal Court Hearing Examiner — Procedure — Appeal" is hereby amended as follows. 2.62.045 MUNICIPAL COURT HEARING EXAMINER — PROCEDURE — APPEAL. The Municipal Court Hearing Examiner shall have jurisdiction to receive and rule on appeals by aggrieved appellants of administrative decisions after a written complaint has been denied by the Department Director or designee. Appeals to the Municipal Court Hearing Examiner from any final administrative decision covered by the provisions of this chapter shall be made within seven (7) working days from the date of appellant's notification of the decision Date of mailing shall be considered date of notification Appeals shall include the appellant's name, address and telephone number, the written decision being appealed and the municipal code section establishing the appeal. Appeals shall be accompanied by a filing fee, pursuant to Chapter 3 01 BMC, which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall adopt rules for scheduling and conduct of administrative hearings. Enforcement of the administrative decision being appealed to the Municipal Court Hearing Examiner shall be stayed during the pendency of an appeal which has been properly and timely tiled, provided there is not imminent threat to the public's safety and welfare. 15 Code Enforcement — Health and Sanitation The Municipal Court Hearing Examiner's decision shall be final and conclusive unless the appellant or the City files for a writ of certiorari in Kitsap County Superior Court within thirty (30) days. Procedures of this section including filing fee and appeal of the Municipal Court Hearing Examiner's decision shall apply unless different procedures are specified in the ordinance establishing the administrative appeal. The Municipal Court Hearing Examiner shall have jurisdiction to hear and rule on complaints referred under the City's Code of Ethics, Chapter 2.96 BMC, and to receive and rule on appeals of administrative decisions specified in the following titles of the Bremerton Municipal Code: _(1) Health and Sanitation, Title 6-; (L1) Animals and Fowl, Title 7; (42) Peace, Safety and Morals, Title 9; (43) Traffic, Title 10. All references to Hearing Examiner in Chapter 2.96 BMC and these titles shall mean Municipal Court Hearing Examiner. SECTION 7. Severability If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 8. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM- CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney 16 Code Enforcement — Health and Sanitation PUBLISHED the day of 2011 EFFECTIVE the day of 2011 ORDINANCE NO. R \Legal \Legal \Ordinances \Code Enforcement\Health and Sanitation - Title 6 doe 17 Code Enforcement — Health and Sanitation DATE SUBMITTED: February 17, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. Committee Meeting Date: March 9, 2011 updating Chapter 1.04 of the Bremerton COUNCIL MEETING Date: March 16, 2011 Municipal Code relating to code Department: City Attorney's Office enforcement. Presenter: Roger A. Lubovich Phone: 473 -2345 SUMMARY: The proposed ordinance updates Chapter 1.04 of the Bremerton Municipal Code relating to code enforcement. ATTACHMENTS: Proposed Ordinance. hlo• 51�$ FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR (� COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Ordinance No. 514'B updating Chapter 1.04 of the Bremerton Municipal Code relating to code enforcement. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 1-4 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 1.04 of the Bremerton Municipal Code entitled "Code Enforcement" and Section 2.13.120 relating to code enforcement used in conjunction with the City's Administrative Hearing Examiner process as established in Chapter 2.13 BMC for the enforcement and abatement of violations of City codes, assessment of monetary penalties, costs of enforcement and costs of abatement, the collection of such penalties and costs and reconsideration of Administrative Hearing Examiner decisions. WHEREAS, the Bremerton Municipal Code contains provisions for enforcement of violations of various City codes; and WHEREAS, the City Council desires to update its policies and procedures for enforcement of code violations by amending Chapter 1.04 and Section 2.13.120 of the Bremerton municipal Code relating to code enforcement; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION L Chapter 1.04, of the Bremerton Municipal Code entitled "Code Enforcement," is hereby amended to read as follows: CHAPTER 1.04 CODE ENFORCEMENT. 1.04.010 PURPOSE. The purpose of this chapter is to establish an efficient system to enforce regulations of the city, providing an opportunity for a prompt hearing and decision on alleged violations and establishing penalties for violations. This chapter shall apply to all regulations as defined in BMC 1.04.020(mo); provided that a violation of any such regulation that provides for criminal penalties in addition to or as an alternative to enforcement under this chapter may, at the discretion of the City, be prosecuted as a criminal violation pursuant to BMC 1.12.020(2) 1.04.020 DEFINITIONS. As used in this chapter, unless a different meaning is plainly required: (a) Abate means to repair, replace, remove, destroy or otherwise remedy a condition that constitutes a civil violation by such means, in such manner, and to such an extent as the code enforcement officer or the administrative hearing examiner determines is necessary in the interest of the general health, safety and welfare of the community (b) Act means doing or performing something. (c) Administrative hearing examiner means the Administrative Hearing Examiner 1 Code Enforcement - Chapter L04 and the office thereof established pursuant to Chapter 2.13, BMC. (d) City means City of Bremerton. (e) Civil violation or violation means an act or omission contrary to a regulation as defined in subsection (m) of this section. A violation continues to exist until abated and each day, or a portion thereof, that a violation exists constitutes a separate and distinct offense. (f) Code enforcement officer means any person or persons authorized by statute ordinance. regulation. written city policy, or interlocal agreement or designated by the Mayor or his or her designee. to enforce any of the regulations subject to the enforcement and penalty provisions of this chanter, and shall expressly include the City's Code Enforcement Officers, City Attorney, or his or her designee: the Chief of the Bremerton Police Department or his or her designee: the Director of the Department of Community Development or his or her designee: the Director of the Department of Public Works & Utilities or his or her designee. building inspectors: construction inspectors: the Chief of the Bremerton Fire Department or his or her designee: fire code official, and fire inspectors ' er- my ether pemen of persons assigned or- direeted by the Mart-, er- Wo or her. designee, to enfer-Se the r-egulatiens S*eet to !he Provisions of this ehapta. (g) Costs of abatement. The costs of any abatement action taken by the City to abate the violation using lawful means in the event that the person responsible for the violation fails so to do. The term includes incidental expenses including, but not limited to, personnel costs, both direct and indirect and including attorney's fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual costs and expenses of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required printing and mailing; and costs of enforcement. (h) Costs or costs of enforcement means costs incurred related to enforcement under this chapter, including, but not limited to costs of service of notice, costs of the hearing, administrative costs established by resolution for enforcement of garbage and refuse and nuisance vegetation violations, as well as other administrative costs. (i) Day or days, as used in this chapter, shall mean calendar days unless expressly stated otherwise in a given section or subsection In addition any portion of a twent four (24) hour day shall constitute a full calendar day. (i) Notice ofviolation or notice ofcivil violation means a written statement issued a code enforcement officer, which contains the information required under BMC 1.04.040. and which notifies a person that he or she is responsible for one (1) or more violations of the Bremerton City Code. ( }k) Omission means a failure to act. (fil) Person means any individual, firm, association, partnership, corporation or any entity, public or private. ft) Person responsible for the violation or person who violates means, unless otherwise defined, any person who has titled ownership of the property or structure which is subject to the regulation, an occupant in control of the property or structure which is subject to the regulation, a developer, builder, or business operator or owner who is developing, building, or operating a business on the property or in a structure which is subject to the regulation and/or any person who created the violation or any person who has control over the property and allows the violation to continue. 2 Code Enforcement - Chapter L04 (1n) Property or premises means any building, lot, parcel, real estate or land or portion of land whether improved or unimproved, including adjacent sidewalks, public rights -of -way, and parking strips and any lake, river, stream, drainage way or wetland. (mg) Regulation means and includes the following, as now enacted or hereafter amended: 1. All Bremerton city code provisions making reference to this chapter, 2. All standards, regulations and procedures adopted by the city that make reference to this chapter; and 3. The terns and conditions of any permit or approval issued by the city, or any concomitant agreement with the city pursuant to code provisions that make reference to this chapter. (rip) Repeat violation means two or more violations of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two (2) years or for which a notice of civil violation has been issued within two (2) years. (q) Violation or civil violation means an act or omission contrary to a regulation as defined in BMC 1.04.020(0). A violation continues to exist until abated to the satisfaction of the city. with each day or portion thereof in which the violation continues constituting a separate violation. 1.04.025. VIOLATION UNLAWFUL — CIVIL VIOLATION — MISDEMEANOR. (a) The violation of any regulation, the commission of a subsequent violation or the failure or refusal to abate a violation pursuant to an order of the administrative hearing examiner after receipt of written notice of such order shall be unlawful and shall constitute a civil violation subject to enforcement before the administrative hearing examiner pursuant to BMC 1.04.080. In lieu of and as an alternative to a hearing before the administrative hearing examiner, the city attorney, or designee, shall, at his or her discretion, have authority to file an action in a court of competent jurisdiction to seek enforcement of a notice of violation issued pursuant to BMC 104 040, abatement of the violation pursuant to BMC 1.04.110 and assessment and collection of penalties, costs and abatement as provided for in this Chapter. (b) In addition any violation of this chapter shall constitute a misdemeanor pursuant to Section 1. 12.020(2) BMC. The city y ttorney, or designee, shall. at his or her discretion have authonty to file a violation as either a civil violation pursuant to this chapter, or as a criminal misdemeanor. All criminal misdemeanor charges filed under this chapter shall be filed with the Bremerton municipal court. When the city files criminal misdemeanor charges pursuant to this chapter, the city shall have the burden of proving, beyond a reasonable doubt that the violation occurred. (c) The provisions of this chapter are not exclusive, and may be used in addition to or in conjunction with other enforcement and penalty provisions authorized by the Bremerton City Code or state law. 1.04.030 VOLUNTARY CORRECTION. (a) Applicability The provisions of this section may be utilized whenever the code enforcement officer or administrative hearing examiner determines that a violation of a regulation has occurred or is occurring. (b) General Prior to the issuance of a notice of violation, the code enforcement officer may, at his or her discretion, attempt to secure the voluntary correction of a violation of a 3 Code Enforcement- Chapter 1.04 regulation by contacting the person responsible for the violation, explaining the violation, and requesting correction. The failure of the code enforcement officer to seek voluntary correction shall not invalidate any code enforcement action taken by the code enforcement officer or the City of Bremerton. (c) Issuance of voluntary correction agreement. A voluntary correction agreement may be entered into between the person responsible for the violation and the city, acting through the code enforcement officer. (d) Content of Agreement. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which that person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following: 1. The name and address of the person responsible for the violation; and 2. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and 3. A description of the violation and a reference to the regulations which have been violated; and 4. An acknowledgement by the person responsible for the violation that the violation described in the correction agreement exists. 5. The necessary corrective action to be taken, the date or time by which correction must be completed, and an acknowledgement by the person responsible for the violation that he or she will correct the violation within the time specified in the voluntary correction agreement; and 6. Acknowledgement by the person responsible for the violation that the city may inspect the premises as may be necessary, during reasonable times, to determine compliance with the voluntary correction agreement; and 7. Acknowledgement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses of enforcement and abatement and/or a monetary penalty pursuant to this chapter from the person responsible for the violation if the terms of the voluntary correction agreement are not met; and 8. The time and place for a hearing before the administrative hearing examiner in the event that the alleged violation is not abated by the person responsible for the violation. (e) Extension; modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the code enforcement officer if the person responsible for the violation has shown due diligence and/or substantial progress to correcting the violation but unforeseen circumstances render correction under the original conditions unattainable. (f) Abatement by the city. In addition to any other remedy provided for in this Chapter, the City may seek abatement of the violation in accordance with BMC 1.04.110 if the terms of the voluntary correction agreement are not met. (g) Penalties and costs. If the terms of the voluntary correction agreement are not met, the person responsible for the violation may be assessed a monetary penalty plus all costs of enforcement pursuant to BMC 1.04.090 and costs of abatement pursuant to BMC 1.04.110. 4 Code Enforcement - Chapter 1.04 1.04.040 NOTICE OF CIVIL VIOLATION. (a) Issuance of Notice of Violation. When the code enforcement officer determines that a violation has occurred or is occurring, and does not secure voluntary correction pursuant to BMC 1.04.030, the code enforcement officer may issue a notice of civil violation to the person responsible for the violation. (b) Content of Notice. The notice of civil violation shall include the following: 1. The name and address of the person responsible for the violation; and 2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and 3. A description of the violation and a reference to the code provisions and regulations that have been violated; and 4. The required corrective action and the date and time by which the corrective action must be completed; and 5. The date, time and location of a hearing before the administrative hearing examiner, and 6. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the code enforcement officer approves the completed, required corrective action by the date and time requested in the notice to the- heamig; and 7. A statement that the costs and expenses of enforcement incurred by the city and a monetary penalty in an amount per day for each violation pursuant to BMC 1.04.090 and costs of abatement pursuant to BMC 104.110 may be assessed against the person to whom the notice of civil violation is directed as specified and ordered by the administrative hearing examiner. 8. A statement that the failure to attend the hearing before the administrative hearing examiner may result in a default judgment against the person responsible for the violation, whereby the administrative hearing examiner may enter judgment in favor of the city, assess penalties and costs against the person responsible for the violation, and order the abatement of the violation at the expense of the person responsible for the violation. (c) Extension. Extensions of the time specified in the notice of civil violation for correction of the violation may be granted at the discretion of the code enforcement officer; the city attorney, or his or her designee; or by order of the administrative hearing examiner. (d) Service of notice. The code enforcement officer shall serve or cause to be served the notice of civil violation upon the person responsible for the violation by personal service pursuant to BMC 1.04.040(e)(1), or by mail pursuant to BMC 1.04.040(e)(2). If the person responsible for the violation cannot be reasonably personally served within the City and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice of civil violation conspicuously on the affected property or structure pursuant to BMC 1.04.040(e)(3) and/or publication pursuant to BMC 1 04.040(e)(4). (e) Methods of Service Defined. The methods of service of notice as used in this Chapter are defined as follows: i . Personal Service. Personal service on the person responsible for the violation shall mean handing the notice to the person responsible for the violation or leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or leaving it at his or her office or place of employment with a person in 5 Code Enforcement - Chapter 1.04 charge thereof Personal service shall also be deemed complete when the hearing examiner or his or her assistant hands any order, ruling. decision. or other document to a person prior to during, or after a hearing or 2. Mailing. Service by mail shall mean sending the document by regular first class mail to the last known address of the person subject to the document The last known address shall be an address provided to the city by the person to whom the document is directed: if an address has not been provided to the city, the last known address shall be any of the following as they appear at the time the document is mailed: the address of the property where the violation is occurring, as reflected on the most recent equalized tax assessment roll of the county assessor or the taxpayer address Appearing og.. r the property on the official property tax information website for Kitsap County• the address Appearing in any database used for the payment of utilities for the property at which the violations are occurring: the address appearing in the any database for the application for a business license or building . permit for the property at which the violations are occurring: or the address of the person to whom the documents are being sent that appears in the Washington State Department of Licensing database Where service of the notice of violation is by mail. service shall be deemed complete upon the third day following the day upon which they are placed in the mail, unless the third day falls on a Saturday. Sunday. or legal holiday, in which event service shall be deemed complete on the first day other than a Saturday Sunday, or legal holiday following the third day. - Maill"S shall 'Heaft mailing nefiee to the lost known addFess ef the per-sea r-espeRsible for-4h"e pesen Fespensible for- the Yielatieft, and by plaoing mether- eepy in the mail ef the United States the last kRA- 490 . — AJLAQQef the per-sea fespeasible fer- the yte4afien. The last known addFess shag dms inelude the address appeeahig en the last eqtWized tm assessment r-ell of the eounty assess ; or 3. Posting, Posting shall mean posting a copy of the notice in a conspicuous place on the property, with at least one (1) eepy ef sueh nefiee plaeed at the en" way to the exists, propefty ors stfueWm, if an eR" way ; or 4. Publication. Publication of notice shall mean publication as set forth in RCW 4.28. 100 and 4.28.110. as currently enacted or hereafter amended (f) Proof of Service. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting and/or publication in lieu of personal service or mail, the facts showing that due diligence was used in attempting to serve the person personally or by mail. (g) Additional nroofofservice not necessary. The administrative hearing examiner shall not require additional proof of service beyond the requirements in this chapter. 1.04.050 STOP WORK ORDER. In addition to any remedy provided for in this chapter, the code enforcement officer may issue a stop work order whenever a violation of a regulation will materially impair the code enforcement officer's ability to secure compliance, or when a violation of the regulation threatens the health, safety, or welfare of any member of the public or occupants of the property. The stop work order shall contain substantially the same information as required by BMC 1.04.040(b) and may be appended to, or incorporate by reference in, a notice of violation. Notice of the stop work order shall be deemed served upon 6 Code Enforcement - Chapter 1.04 posting of the notice as required by BMC 1.04.040(e)(3), and shall be effective upon service. The violation of a stop work order shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. 1.04.060 CEASE AND DESIST ORDER. In addition to any remedy provided for in this chapter, the code enforcement officer may issue a cease and desist order whenever a violation of a regulation threatens the health, safety, or welfare of any member of the public or occupants of the property. The cease and desist order shall contain substantially the same information as required by BMC 1.04.040(b), and may be appended to, or incorporate by reference in, a notice of violation. Notice of the cease and desist order shall be deemed served upon posting of the notice as required by BMC 1.04.040(e)(3), and shall be effective upon service. The violation of a cease and desist order shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum tern fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. 1.04.065 NOTICE TO VACATE. In addition to any remedy provided for in this chapter, the code enforcement officer may issue a notice to vacate whenever a violation of a regulation results in a condition as to make it immediately dangerous to life, limb, property or safety of the public or occupants of the property. The notice to vacate shall contain substantially the same information as required by BMC 1.04 040(b), and may be appended to, or incorporate by reference in, a notice of violation. Notice of the notice to vacate shall be deemed served upon posting of the notice as required by BMC 1.04.040(e)(3), and shall be effective upon service. The violation of a notice to vacate shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by such imprisonment and fine. 1.04.070 REMOVAL OF STOP WORK, CEASE AND DESIST ORDER, OR NOTICE TO VACATE - MISDEMEANOR. The removal of a stop work order or cease and desist order posted in conformity with the requirements of BMC 1.04.050 or BMC 1.04.060, without the authorization of the code enforcement officer or administrative hearing examiner, shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such imprisonment and fine. 1.04.080 HEARING BEFORE THE ADMINISTRATIVE HEARING EXAMINER. (a) Notice. A person to whom a notice of civil violation is issued will be scheduled to appear before the administrative hearing examiner not less than ten (10) calendar days from the date of service of the notice of violation or entrance into a voluntary correction agreement. In the event that the hearing is held after the person responsible for the violation enters a voluntary correction agreement, the date of the hearing shall be the date specified in the voluntary correction agreement. An extension for the time for compliance with the correction requirements of a notice of violation or a voluntary correction agreement, as well as the date and 7 Code Enforcement - Chapter 1.04 time for a hearing before the administrative hearing examiner, may be granted at the discretion of the code enforcement officer; the city attorney, or his or her designee; or the administrative hearing examiner. (b) Prior correction of violation. The hearing will be canceled and no monetary penalty will be assessed if the code enforcement officer or the city attorney, or his or her designee, approves the completed corrective action by the date and time requested in the notice (c) Procedure. Except as otherwise provided for herein, the administrative hearing examiner shall conduct a hearing on the civil violation pursuant to Chapter 2.13 BMC. The city and the person to whom the notice of civil violation was directed may participate in the hearing and each party, or its legal representatives, may call witnesses and present evidence. The city shall have the burden of proving, by a preponderance of the evidence, that a violation has occurred and that the corrective action required by the code enforcement officer is reasonably calculated to correct the violation. Formal rules of evidence shall not apply to any such hearing. (d) Decision of the administrative hearing examiner. 1. In the event that the administrative hearing examiner determines that a violation occurred or is occurring, the administrative hearing examiner shall issue an order to the person responsible for the violation which contains the following information: a. The decision regarding the alleged violation including findings e€ €aet and conclusions based thereon in support of the decision; b. The required corrective action; C. The date and time by which the correction must be completed; d. The monetary penalties and costs of enforcement, if any, assessed pursuant to BMC 104.090 and costs of abatement, if any, assessed pursuant to BMC 1.04.110; e. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed. (e) Notice of decision. The administrative hearing examiner shall mail a -eepy e€ d* ssue his or her decision Yielatien was issued and to !be eede eafefeement within ten (10) working days of the hearing, unless the administrative hearing examiner determines that more time is necessary. The decision shall be mailed by first class or electronic mail or hand delivered to the person to whom the notice of violation was issued and to the code enforcement officer (f) Failure to appear. If the person to whom the notice of civil violation was issued fails to appear at the scheduled hearing, the administrative hearing examiner may issue at the City's request, or upon his or her own ruling, an order of default, assess the appropriate penalty and costs pursuant to BMC 1.04.090 and order abatement of the violation at the expense of the person responsible for the violation. The City may serve notice of the default and penalty and cost assessment on the person responsible for the violation and enforce the administrative hearing examiner's order and recover all costs of abatement, related costs of enforcement, including the cost of the hearing and any monetary penalty from that person. Within seven ( ten 10 days after seryiee issuance of the default order, the party against whom it was entered may file a written motion requesting that the order be vacated. The administrative heanng examiner may, at his or her discretion, based upon a showing of good cause, vacate the order of default, and schedule the matter for hearing. In the event that the default order is vacated, the person against whom it was entered shall pay all costs attributable to his or her failure to appear. 8 Code Enforcement - Chapter L04 (g) Motion for Reconsideration. A motion for reconsideration of the decision of the administrative hearing examiner may be tiled pursuant to BMC 2.13.120, (gh) Appeal to Superior Court An appeal of the decision of the administrative hearing examiner must be filed with the Superior Court within twenty -one (2 1) calendar days of the issuance of the decision. 1.04.090 VIOLATIONS — MONETARY PENALTY AND COSTS. (a) Assessment of monetary penalty. The administrative hearing examiner shall, upon finding that a violation of a regulation has occurred, assess a monetary penalty in an amount of five hundred dollars ($500) for each violation. Each day, or a portion thereof, that a violation exists constitutes a separate and distinct offense for which a monetary penalty may be assessed. The administrative hearing examiner shall have the discretion to assess a lesser amount per day if he or she believes the situation warrants such. The monetary penalty shall, at the discretion of the administrative hearing examiner, be assessed as of: 1. The date of the issuance of the notice of civil violation; or 2. The date on which the matter was heard by the administrative hearing examiner; or 3. The date upon which the person responsible for the violation is or was to have corrected the violation. (b) Costs. In addition, the administrative hearing examiner may assess costs of enforcement as defined in BMC 1.04.020(h) and costs of abatement as defined in BMC 1.04 020(g). (c) Modification of monetary penalty. Upon a finding that the person responsible for the violation will correct the violation within a reasonable time of the hearing, the administrative hearing examiner may postpone the assessment of the monetary penalty for a reasonable period. If, prior to the expiration of the period of postponement the code enforcement officer or the city attorney or his or her designee is satisfied that the violation has been corrected, the administrative hearing examiner or the city attorney may relieve the person responsible for the violation of the duty to pay all or a portion of the monetary penalty. If, after the period of postponement, the violation has not been corrected, the penalties assessed against the person responsible for the violation shall be assessed from the date of the violation, and payment shall be due. (d) Monetary penalty for repeat violations. The administrative hearing examiner shall, upon finding that a repeat violation as defined in BMC 1.04 020(n) has occurred, assess a monetary penalty in an amount of one thousand dollars ($1000) for each repeat violation, per day, or a portion thereof. The administrative hearing examiner shall have the discretion to assess a lesser amount per day if he or she believes the situation warrants such. (e) Collection of costs and monetary penalties. The costs and monetary penalties assessed pursuant to BMC 1.04.090 constitute a personal obligation of the person to whom the notice of civil violation is directed or the person responsible for the violation. Any costs or monetary penalties assessed must be paid to the city within ten (10) calendar days from the date of mailing of the administrative hearing examiner's decision or a notice from the city that costs or penalties are due. The city attorney, or his or her designee, is authorized to take legal action to collect the costs or monetary penalties including filing civil actions or turning the matter over to collection pursuant to BMC 1.04.130. (t) Continued ditty to correct. Payment of a monetary penalty pursuant to this chapter 9 Code Enforcement - Chapter L 04 does not relieve the person responsible for the violation of the duty to correct the violation. 1.04.100. JOINT AND SEVERAL RESPONSIBILITY AND LIABILITY. Responsibility for violations of the codes enforced under this chanter is point and several and the city is not prohibited from taking action against a party where other persons may also bg potentially responsible for a violation. nor is the city required to take action against all persons potentially responsible for a violation. fine. refusal to abate a YielafieR puFsuaM to &R or-def of*@ e"aishvAi-ve hewing emamiRer- after ten! in jail fOF 0 ffiffifflUM tOFM fixed by the aeug efael fnffe4h&n niResy 990) dw e The eity a#effley-, , or a misd eanep All misdemewer ehaFges filed uRder this seefien shall be filed with er her- desipee. WheR the sky files a oriminal offense punuaw to this subseeti it shall have . 1.04.110. ABATEMENT. (a) In general. At the hearing before the administrative hearing examiner, the code enforcement officer or the city attorney or his or her designee may request that an order of abatement issue in the event that the administrative hearing examiner determines that a violation of a regulation exists. The order of abatement shall require the person responsible for the violation to abate the violation and permit the City to abate the violation using lawful means in the event that the person responsible for the violation fails so to do. The City may seek such judicial process as it deems necessary to effect the removal or correction of such condition causing the violation. (b) Abatement by the City. The City may abate a condition which was caused by or continues to be a civil violation when: 1. The terms of voluntary correction agreement pursuant to BMC 1.04.030 have not been met; or 2. A notice of civil violation has been issued pursuant to BMC 1.04.040 and a) a hearing has been held pursuant to BMC 1.04.080 and the required correction has not been completed by the date specified in the administrative hearing examiners order or b) a heanng has been held by a court of competent jurisdiction and the required correction has not been completed by the date specified in the court's order; or 1.04.110(c). 3. The condition is subject to summary abatement as provided for in BMC (c) Summary Abatement Whenever any nuisance causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the City be entitled to recover any costs incurred for 10 Code Enforcement - Chapter 1.04 summary abatement, prior to the time that actual notice of same is provided to the person responsible for the violation. (d) Authorized Action by the City. Using any lawful means, the City may enter upon the subject property and may remove or correct the condition which is subject to abatement. The City may seek such judicial process as it deems necessary to effect the removal or correction of such condition. (e) Interference. Any person who knowingly obstructs, impedes, or interferes with the City or its agents, or with the person responsible for the violation in the performance of duties imposed by this Chapter, shall be guilty of a misdemeanor punishable by imprisonment not exceeding 90 days and a fine not exceeding $1,000. (f) Other abatement proceedings not precluded. Nothing in this section shall prohibit the City from pursuing abatement pursuant to any other laws of the State of Washington or the City of Bremerton. 1.04.120. COSTS OF ABATEMENT -LIEN. (a) Costs of abatement. The costs and incidental expenses of any abatement action taken by the City as defined in BMC 1.040.020(g), including costs of enforcement set forth in BMC_1.04.020(h), shall become a charge to the person responsible for the violation. These charges may be assessed against the person responsible for the violation or the property upon which the violation occurred. Costs of abatement must be paid to the city within ten (10) calendar days from the date of mailing of notice from the city that the costs are due. The City may use any lawful means to collect charges, including but not limited to those set forth in BMC 1.04.130. The city attorney, or his or her designee, is authorized to take legal action to collect the costs of any abatement. All such costs and expenses shall constitute a lien against the affected property, as set forth in BMC 1.04.120(b). (b) Lien —Authorized. 1. Account of Expense. The code enforcement officer shall keep an itemized account of expense incurred for the cost of abatement of property. Upon completion of the work, the code enforcement officer shall prepare and file with the City Clerk, a report specifying the work done, the itemized total cost of the work, including administrative charge, a description of the property abated, and the name and addresses of the owner or agent, and occupant or tenant if known. 2. Report Transmitted to Council. Upon receipt of the report, the City Clerk shall present it to Council for consideration. The Council shall fix a time, date and place for hearing the report and any protests or objections thereto. The City Clerk shall cause notice of said hearing to be posted upon the property involved, and served by certified mail, postage prepaid, addressed to the owner or agent of the owner, and occupant or tenant if known. If the tenant or occupant is not known, notice shall be sent by first class mail to the occupant of the residence subject to the abatement. Such notice will be given at least ten (10) days prior to the date set for hearing and shall specify the date, hour and place when the Council will hear and pass upon the code enforcement officer report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed charge. Notice of the hearing shall also be published in a newspaper of general circulation in the City of Bremerton when required by law. 3. Protests and Objections Any person interested in or affected by the proposed charge may file written protests or objections with the City Clerk prior to the hearing. ll Code Enforcement - Chapter L04 Each protest must state the grounds of such protest or objection. The Clerk shall present such protests and objections to the Council at the time of the hearing and no other protests or objections will be considered. 4. Nearing. The Council shall hear and pass upon the report of the code enforcement officer, together with objections and protests. The Council may revise or modify the report as it may deem just. When the Council is satisfied with the correctness of the charge, the report, together with the charge, shall be confirmed or rejected. The decision of the Council on the report and the charge, and on all protests or objections, shall be final and conclusive. (c) Assessment against property. The City shall have a lien for the costs and incidental expenses of any abatement as defined in BMC 1.040.020(g), for the cost of any abatement action taken by the City, under this Chapter, against the real property on which the work of abatement was performed as follows: 1. Unfit Structures. Liens established as the result violations of the Unifem International Property Maintenance Code as adopted pursuant to BMC 17.04.040. and amended pursuant to BMC 17.04.066- (DBq (the "IPMO shall be assessed pursuant to %W -eerie the IPMC as currently enacted and as amended in the future Pursuant to RCW 35.80.030(1)(h), and w suWemeMed by the DBG as authorized by RGW incorporated herein by reference, the lien shall be assessed upon the tax rolls of the subject property and shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity. 2. Garbage. Liens for garbage and rubbish abatement shall be assessed against the subject property pursuant to RCW 35 21.140 and RCW 35.21 150 and shall be prior to all liens filed subsequent to the filing of the notice of lien with the county auditor, except liens of general taxes and local improvements. 3. Nuisance vegetation. Liens for nuisance vegetation abatement, when initiated by city council resolution, whether or not enforced in conjunction with a hearing before the administrative hearing examiner pursuant to BMC 104.080, shall be assessed against the subject property pursuant to RCW 35.21.310 and shall be enforced and foreclosed in the manner as provided by law for liens for labor and materials. 4. Other. Other liens shall be assessed against the subject property as authorized by law or court order. 1.04.130. COLLECTION OF PENALTIES AND COSTS. (a) Collection. In addition to, or in lieu of the provisions set forth in this Chapter, the City may, at its option, turn the matter over to collection or commence a civil action in any court of competent jurisdiction to collect costs and expenses of enforcement, costs of abatement incurred by the City to obtain compliance pursuant to this Chapter and/or to collect any penalties that have been assessed. Further, the City Administration, upon concurrence of the City Attorney, may file for injunctive or other civil relief to Superior Court regarding code violations. (b) Collection of monetary penalty —Use of collection agency The city is authorized to take legal action to collect the monetary penalty. Pursuant to Chapter 19.16 RCW as currently enacted or hereafter amended the city may at its discretion use a collection a ency for the purposes of collecting penalties and costs assessed pursuant to this chapter. The collection agency may add fees or interest charges to the original amount assigned to collections as allowed by law. No debt may be assigned to a collection agency until at least thiML(30) calendar days 12 Code Enforcement - Chapter L 04 have elapsed from the time that the situ attempts to notify the person responsible for the debt of the existence of the debt and that the debt may assigned to a collection agency for collection if the debt is not paid. Notice of potential assignment to collections shall be made by -Emlar first class mail to the last known address of the person responsible for the violation provided inability to ascertain a current mailing address shall not prohibit the debt from being assigned to collections. days haw elapsed ffem the fiffle that dwGity aftempis ie notify the peneR Fespeasible feF thO debt of the existeRee of !he debt and d%Hhe debt may be assigned to a selleefien ageRey eelleefieft if the debt is not paid-. 1 n 4 14n n •nr�rrn *AT rruFnnnL + .,......�..,.,_. n The Pro-Asiefis of this ehaptff am not s and may be used in addifien to Gede efstete - }eW� ; (b) 1R lieu ef and as aft altemali-ve te he eests "abatement as pr-eyided for- in this GhepteF . , 1.04.430140. CONFLICTING CODE PROVISIONS. In the event a conflict exists between the enforcement provisions of this chapter and the enforcement provisions of any uniform code, statute, or regulation that is adopted in the Bremerton City Code that are subject to the enforcement provisions of this chapter, the enforcement provisions of this chapter will prevail, unless the enforcement provisions of this chapter are preempted or specifically modified by said code, statute, or regulation. 1.04.460150. DUTY NOT CREATING LIABILITY. No provision or term used in this title is intended to impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action. SECTION 2. Section 2.13.120 of the Bremerton Municipal Code entitled "Reconsideration," is hereby amended to read as follows: 2.13.120 RECONSIDERATION. A party of record believing that a decision or recommendation of the Administrative Hearing Examiner is based on erroneous procedures, errors of law or fact, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for reconsideration by the Administrative Hearing Examiner within eve- (§4 fourteen (14) weFkm#- calendar days of the date the decision or recommendation is rendered. This request shall set forth the specific errors or new information relied upon by such appellant, and the Administrative Hearing Examiner may, after review of the record, take further action as he or 13 Code Enforcement- Chapter 1.04 she deems proper. If a request for reconsideration is accepted, a decision is not final until after a decision on reconsideration is issued. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Ellective Date. This ordinance shall take eti'ect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of . 2011 EFFECTIVE the day of .2011 ORDINANCE NO. R \LEGAUOrdmancesTode EnforcementTode Enforcement- Chapter 104-2011 doc (4 Code Enforcement - Chapter 1.04 DATE SUBMITTED: February 15, 2011 _ AGENDA BILL CITY OF BREMERTON CITY COUNCIL &A SUBJECT: Approval of Grant Agreement Committee Meeting Date: March 9, 2011 with Department of Ecology for the COUNCIL MEETING Date: March 16, 2011 Stormwater Retrofit and LID Development Department: Public Works Project. Presenter: Matel Phone: 473 -5342 SUMMARY: The City Council on November 3, 2010 (Resolution No. 3125) authorized the negotiation of a grant agreement with the Washington Department of Ecology to provide the City of Bremerton with $1,343,000 to construct various low impact development (LID) projects throughout central Bremerton. The agreement has been finalized and is ready for approval and signature. ATTACHMENTS: 1.) Resolution No. 3125; 2.) Grant Agreement No. G1100226 FISCAL IMPACTS (Include Budgeted Amount): The project is estimated at $1.343 million with no local match required. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ,...• FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT. 2 CONSENT AGENDA ❑ GENERAL BUSINESS PUBLIC HEARING RECOMMENDED MOTION: Move to approve Grant Agreement Number G 1100226 with the State of Washington Department 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 RESOLUTION NO. 3 1 P-5 A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing negotiation of the grant agreement between the City of Bremerton and the Department of Ecology for the Stormwater Retrofit and Low- Impact Development (LID) Grant WHEREAS, the City received $1,343,000 no match grant for Retrofit of Central Bremerton neighborhoods to accommodate LID features to mitigate stormwater impacts; and WHEREAS, the City has identified 5` Street between Chester and Veneta Streets; Pacific Avenue between I P h Street and Evergreen Park; Manette Business Area; and Anderson Cove as sites conducive to LID and consistent with grant requirements; and WHEREAS, the City has identified and estimated costs to implement LID improvements at 5` Street between Chester and Veneta Streets; Pacific Avenue between I V h Street and Evergreen Park, Manette Business Area; and Anderson Cove; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS. SECTION 1. The Mayor is authorized to negotiation a grant agreement with the Department of Ecology. SECTION Z Any fund assistance received will be used for implementation of the projects referenced above. SECTION 3. The City Council hereby certifies that it has secured funding for its share of project funding SECTION 4. The City Council acknowledges that the City is responsible for supporting all non -cash commitments to this project should they not materialize (if applicable). SECTION 5. The City Council acknowledges that the grant funds be expended in the following amounts- $100,000 for 5 Street between Chester and Veneta Streets; $193,000 for Pacific Avenue between I I Street and Evergreen Park; $250,000 for the Manette Business Area; and $800,000 for Anderson Cove SECTION 6. The City Council provided appropriate opportunity for public comment on this application. SECTION 7. SeverabihU If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not 1 Stormwater Retrofit and LID Grant - Authorizing Resolution affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION & Mect:ve Date This Resolution shall take effect and be in force immediately upon its passage PASSFpD by the City Council of the City of Bremerton, Washington this day of , 2010. f WOF ouncil President ARM: ATTEST: City Attorney CXROL E EN, t ity C rk I 2 Stormwater Retrofit and LID Grant - Authorizing Resolution 5TATg O 'S F + STATE OF WASHINGTON DEPARTMENT M ECOLOGY PO Box 47600 • Olympia, WA 98504 -7600 • 360- 407 -6000 711 for Washington Relay Service • Persons with a speech disability can call 877 -833 -6341 February 10, 2011 Mr Larry Matel City of Bremerton Public Works FE- I 3027 Olympus Drive E Bremerton, WA 98310 E E4 1 fiVES Re: FY2010 Special Legislative Proviso Ecology Agreement No. G1100226 Stormwater Retrofit and Low Impact Development Project Dear Mr Matel Enclosed are three unsigned copies of the above - referenced agreement between the Department of Ecology and the City of Bremerton Public Works for the Stormwater Retrofit and Low Impact Development project Please review the enclosed contract including the project scope of work and budget If all is acceptable, please have your signatory, Mayor Patty Lent, sign each of the three copies of the contract before returning all three of them to me for final signature I will return one copy of the completed agreement for your files If you should have any questions, please call me at (360) 407 -6570 Sincerely, ean Mellon Financial Manager Water Quality Program Enclosures cc Bernard Jones, Ecology NWRO DEPARTMENT of om 04, m 0 Aom C U O4 L State of Washington FY2010 SPECIAL LEGISLATIVE PROVISO GRANT FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF BREMERTON GRANT AGREEMENT NUMBER G1100226 STORMWATER RETROFIT AND LOW IMPACT DEVELOPMENT PROJECT TABLE OF CONTENTS PART I GENERAL INFORMATION I PART II PROJECT SUMMARY 3 PART III PROJECT BUDGET 4 PART IV PROJECT GOALS AND OUTCOMES 5 PART V. SCOPE OF WORK 5 PART V(A) SPECIAL TERMS AND CONDITIONS g PART VI ALL WRITINGS CONTAINED HEREIN 9 ATTACHMENT I. GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR WATER QUALITY PROGRAM FUNDED PROJECTS .10 ARCHEOLOGICAL AND CULTURAL RESOURCES 10 EDUCATION AND OUTREACH 10 FUNDING RECOGNITION 10 INCREASED OVERSIGHT I 1 INDIRECT RATE 11 LIGHT REFRESHMENTS 1 I MATCHING REQUIREMENTS I I MINORITY AND WOMEN'S BUSINESS PARTICIPATION I I PAYMENT REQUEST SUBMITTALS 12 POST PROJECT ASSESSMENT 13 PROCUREMENT 13 PROGRESS REPORTS 13 REQUIRED DOCUMENT SUBMITTALS 13 i I 1 ATTACHMENT II GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN AGREEMENTS OF THE DEPARTMENT OF ECOLOGY 15 A RECIPIENT PERFORMANCE _ 15 B SUBGRANTEE /CONTRACTOR COMPLIANCE 15 C THIRD PARTY BENEFICIARY 15 D CONTRACTING FOR SERVICES (BIDDING) 15 E ASSIGNMENTS 15 F COMPLIANCE WITH ALL LAWS 15 G KICKBACKS 16 H AUDITS AND INSPECTIONS 16 I PERFORMANCE REPORTING 16 J COMPENSATION 17 K TERMINATION 18 L WAIVER 18 M PROPERTY RIGHTS 19 N SUSTAINABLE PRODUCTS 20 O RECOVERY OF PAYMENTS TO RECIPIENT 20 P PROJECT APPROVAL 20 Q DISPUTES 20 R CONFLICT OF INTEREST 21 S INDEMNIFICATION 21 T GOVERNING LAW 21 U SEVERABILITY 21 V PRECEDENCE 21 11 FY2010 SPECIAL LEGISLATIVE PROVISO GRANT FUNDING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF BREMERTON THIS is a binding agreement between the state of Washington Department of Ecology (DEPARTMENT) and 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 Stormwater Retrofit and Low Impact Development Project Grant Number G 1100226 State Fiscal Year FY2011 Total Project Cost $1,343,000 Total Eligible Cost $1,343,000 DEPARTMENT Share $1,343,000 RECIPIENT Share $0 DEPARTMENT Maximum Percentage 100% RECIPIENT Information RECIPIENT Name City of Bremerton Public Works Mailing Address 3027 Olympus Drive Bremerton, Wasington 98310 Fax Number 360 - 473 -5398 Federal Taxpayer ID Number 91- 6001231 PROJECT Manager Larry Matel, P E Email Address Larry matel@ci bremerton wa us Phone Number 360 - 473 -5342 PROJECT Financial Officer Millie Vellegas Email Address Millie Vellegas@ci bremerton wa us Phone Number 360 - 473 -2327 1 DEPARTMENT Contact Information Project Manager Bernard Jones Email Address bj on461 @ecy.wa gov Phone Number 425- 649 -7146 Address ® 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 0 FY2010 Special Legislative Proviso funds ® Yes Amount $1,343,000 ❑ 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 SUMMARY This project will address water quality for the state of Washington The project involves the retrofit of existing streets with "green" concepts to mitigate and treat stormwater using Low Impact Development (LID) techniques The purpose of this work is to develop methods for reconstructing Bremerton's street and stormwater infrastructure over time in a manner that reduces or elimmates street stormwater discharges and that responds to changing visions of our urban neighborhoods Street widths will be reduced and street surfaces will be reconstructed with pervious pavement and rain gardens A summary of the project sites, components, and funding allocations is presented below Pacific Avenue —1 lth Street to Evergreen Park, $193,000 The project would complete the Pacific Avenue corridor LID retrofit initiative in downtown Bremerton Street widths will be reduced and pervious pavement and rain gardens will be introduced to infiltrate street generated stormwater runoff 5th Street — Chester to Veneta, $100,000 The project will provide LID provisions in the form of ram gardens and pervious pavement street and sidewalk improvements in central Bremerton at 5'�' Street This project is being developed jointly by Bremerton Parks and Recreation and Bremerton Public Works Anderson Cove - $800,000 The City will acquire 62 acres of property and construct an infiltration facility to provide the treatment of stormwater runoff from nearly 60 acres of the contributing highly urban residential drainage basin Stormwater will be infiltrated into the underlying glacial outwash soils through the construction of porous pavement and a stormwater infiltration facility 3 Manette Business Area - $250,000 Portions of Pitt, East 11 and other miscellaneous streets in Manette will be retrofitted with porous pavement, rain gardens, and stormwater infiltration devices This improvement is expected to infiltrate much of the stormwater from approximately 40 acres of urban commercial /residential development in this central Bremerton neighborhood PART III. PROJECT BUDGET Stormwater Retrofit and Low Impact Development Project TASKS /OBJECTS TOTAL TOTAL PROJECT ELIGIBLE COST COST (TEC) 1 - Project Administration/Management $67,150 $67,150 2 - Plans and Specifications $134,300 $134,300 3 — Construction Management $67,150 $67,150 4 — Construction $522,600 $522,600 5- Property Acquisition $551,800 $551,800 Total $1,343,000 F$$11 343,000 The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. MATCHING REQUIREMENTS DEPARTMENT Share maximum 100% of TEC $1,343,000 RECIPIENT Share 0% of TEC Cash $0 $0 Interlocal $ Other types of in -kind, such as volunteer work are not eligible 4 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 Port Washington Narrows and include one or more of the following ® Stormwater System Retrofit ® Low Impact Development Best Management Practices ® 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 Best Management Practices (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 The Anderson Cove element of the project has the potential to infiltrate stormwater runoff from nearly 60 acres of urban residential street infrastructure 2 The Manette area element of the project has the potential to infiltrate stormwater runoff from nearly 40 acres of urban commercial /residential street infrastructure 3 The 5 Street and Pacific Avenue elements will provide LID retrofit BMPs in very highly visible urban commercial settings and improve LID's visibility as a mainstream stormwater management tool 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 Community involvement with area residents to develop concept plans for the proposed LID improvements 2 Development of construction plans and specifications to complete the construction of the neighboord concept plans 3 Construction of the LID improvements identified and designed as part of this process PART V. SCOPE OF WORD Task 1- Proiect Administration/Management (Total Task Cost: $67,150 ) 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 i I i 5 I 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 stones format Task 2 — Plans and Specifications (Total Task Cost: $134,300 ) A The RECIPIENT will submit plans and specifications to the DEPARTMENT's Project Manager for review The DEPARTMENT will provide comments to the RECIPIENT within 45 days of receipt of the plans The DEPARTMENT's Project Manager will work with the DEPARTMENT's engineer to review the plans and specifications for consistency with the appropriate design criteria and grant requirements The RECIPIENT must justify significant deviations from the following 1 The following Guidance Manual depends on the region that your project is conducted Western Washington Stormwater Maintenance Manual (SWMMWW), found at http //www ecy wa gov /programs /wq /stonnwater /manual html or Eastern Washington Stormwater Maintenance Manual found at http / /www ecy wa gov/biblio /0410076 html Puget Sound Low Impact Development — Technical Guidance found at http / /www psp wa gov /downloads/LID /LID manua12005 pdf or equivalent design manuals, or Equivalent Manual as developed by the local jurisdiction 2 Good engineering practices and generally recognized engineering standards 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 6 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 Development of plans and specifications for selected LID BMP retrofit project sites(s) Plans and Specifications will be consistent with the Stormwater Management Manual for Western Washington that is in effect at the time of the signing of this agreement 2 Preparation of cost estimate and construction schedule at the time of bidding. 3 Preparation of a maintenance plan for the LID features consistent with the Stormwater Management Manual for Western Washington that is in effect at the time of the signing of this agreement Task 3 — Construction Management (Total Task Cost: $67,150 ) 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 mayor changes, modifications, or other significant revisions made to the project during construction 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 7 Required Performance 1 The RECIPIENT will provide administration and oversight of construction of selected LID BMP retrofit projects at selected site(s) to ensure compliance with approved plans and specifications Task 4 — Construction (Total Task Cost: $522,600) 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 Construction of LID BMP retrofits at selected site(s) identified in Part II Project Summary Task 5 — Property Acquisition (Total Task Cost: $551,800) A The RECIPIENT will submit to the DEPARTMENT a professional real estate appraisal of the property to be purchased to ensure that the property is purchased at, or close to, fair market value B The RECIPIENT will acquire 62 acres of property for the purpose of stormwater runoff treatment Required Performance 1 RECIPIENT will provide a professional real estate appraisal of the property to be purchased to the DEPARTMENT by April 1, 2011 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 (if funds are available), 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 sigmficant 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 ment 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 8 Q 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 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 Water Quality Program Funded Projects • 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 PATTY LENT DATE WATER QUALITY PROGRAM MAYOR MANAGER 9 ATTACHMENT I: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR WATER QUALITY PROGRAM FUNDED PROJECTS 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 Ddf The Department of Historic and Archeological Preservation has provided guidance to irutiate 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 /eo0505 Guidance _ 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 10 INCREASED OVERSIGHT If this project is selected for increased oversight (as indicated on page 3 of this 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 LIGHT REFRESHMENTS The RECIPIENT may spend up to $50 per meeting for light refreshments associated with this project The total amount spent for light refreshments under this agreement cannot exceed $250 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 Stonmwater 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 MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the extent possible, certified mmonty -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement 11 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 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 SUBMITTALS 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 Any Match Combination Cash Only Match Where Applicable Form A 19 -1 A (original signature) Form A 19 -1 A (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) 12 Reporting eligible costs The RECIPIENT must report all eligible costs incurred on the project, regardless of the source of funding 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 POST PROJECT ASSESSMENT The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality protect 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 13 • 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) • 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 I i i 14 I I I 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. SUBGRANTEE /CONTRACTOR 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 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and pernnts Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having j unsdiction 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 2 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 i 15 i i i 3 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 4 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 I 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 j 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 16 i be accompanied by a statement of the action taken or proposed and any assistance needed from 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, 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 mayor 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 tlus 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 admimster 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 17 7 Overhead Costs No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder 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 dust 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 Insufcient 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 1 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 i L. WAIVER l 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 18 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 DEPARTMENT retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the matenal(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 momes granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property 19 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 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/sustamabili 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 j 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 20 I i 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 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 salanes, - 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 ansing from the negligent act or omission of that party or that party's agents or employees ansing 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 I I I 21 i V DATE SUBMITTED. February 28" 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL /e:Mar No. SUBJECT: R olution authorizing Committee Meeting Da 9th application to the ecreation and COUNCIL MEETING ate: March 16 Conservation Offic or Lions Park Boat Department: Parks and Recreation Launch Grant P esentei: Wyn Birkenthal Phone. 473 -5752 SUMMARY: X" The attached resolution authonzes staff to submit an application to the Recreation and Conservation Office Boating Facilities Program for $85,000 of financial assistance needed to design and permit reconstruction of the Lions Park Boat Launch. The park boat launch has been out of service for approximately 3 years following severe storm damage y ' to the floating dock. Reconstruction of the boat launch is included in the Lions Park master plan and is'fsupported by the Bremerton Park Board and the Kitsap Poggie Club. The resolutioi\to apply for grant funds does not obligate the City to proceed with the project, if the grant application i&successful, a funding agreement will be placed on City Council's agenda for consideration at a lat�e%,dateh ATTACHMENTS: Pe.s0 u -}1oY1 90 • i.3A 35 t- f r FISCAL IMPACTS (Include Budge t Amount): $30,00 grant match from Park Development Fund existing balance. v APPROVALS: _ _ DEPARTMENT DIRECTOR. CITY ATTORNEY FINANCE DIRECTOR. MAYOR: 4' COMMITTEE CHAIR f COUNCIL PRESIDENT: COA NT AGENDA ❑ GENERAL, BUSINESS PUBLIC ARING ❑ RECOMMENDED MOTION:Np , 3135 I move to approve the resolution authorizing application to the Recreation and Conservation Office for Lions Park boat launch improvement grant and authorize the mayor to finalize and execute the resolution with substantially the same terms. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 3 13 5 A RESOLUTION of the City Council of the City of Bremerton, Washington authorizing application(s) for funding assistance for a Boating Facilities Program (BFP) project to the Recreation and Conservation Office (RCO) as provided in Chapter 79A 25 RCW, Boating Facilities Program and subsequent Legislative action Project Name(s) Boat Facilities Program WHEREAS, our organization has approved a comprehensive plan that includes this project area, and WHEREAS, under the provisions of BFP, state funding assistance is requested to aid in financing the cost of planning, land acquisition and/or facility development, and WHEREAS, our organization considers it in the best public interest to complete the planning, land acquisition, and/or facility development project described in the application, NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The Director of Parks & Recreation be authorized to make formal application to the Recreation and Conservation Office for funding assistance, SECTION 2. Any fund assistance received be used for implementation of the project referenced above, SECTION 3. Our organization hereby certifies that its share of project funding is committed and will be derived from the Parks & Recreation Department's Capital Fund, SECTION 4. We acknowledge that we are responsible for supporting all non -cash commitments to the sponsor share should they not materialize, SECTION S. We are aware that the grant, if approved, will be paid on a reimbursement basis This means we may only request payment after eligible and allowable costs have already been paid and remitted to our vendors SECTION 6. We acknowledge that any property acquired or facility developed with financial aid from the Recreation and Conservation Funding Board (RCFB) must be placed in use for the funded purpose, and be retained in such use in perpetuity unless otherwise provided and agreed to by our organization and RCFB, 1 Funding Application- Boating Facilities Program SECTION 7. This resolution becomes part of a formal application to the Recreation and Conservation Office; SECTION 8. We provided appropriate opportunity for public comment on this application, and SECTION 9. Severabtlrty If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or )invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 10. Effective Date This Resolution shall take effect and be in force immediately upon its passage' PASSED by the City Council of the City of Bremerton, Washington this day of 5 2011 WILL MAUPIN, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk R \Legai\ Legal\Resoludons\Parks\Authonzmg Resolution -Boat Facilities Program doc i II � I I 2 Funding Application - Boating Facilities Program I Accomplishments i • Removed over 2 acres of impervious surface • Relocated restroom and maintenance buildings along shoreline & relocated parking upland outside shoreline setback and redeveloped with porous paving facility with vegetated roof • Gained 2.8 acres of green space for passive • Installed .9 mi of pervious asphalt walking path recreation improving shoreline for wildlife and with new accessible lower trail option park users . Installed new picnic shelter and restroom at • Provided beach restoration by removing north end of park invasive vegetation along shoreline and replanting with native vegetation . Installing Educational Marine - themed play area . Installed bioretention facility to treat runoff from north parking lot and larger drainage basin Long Term Considerations Boating and Dock Facilities • Redevelop boat launch to improve small craft access • Replace or renovate gazebo at boat launch area • Replace coal dock • Landscape planting strip between launch parking and Lebo Blvd. Sports Facilities • Replace wooden light standards for safety • Improve drainage at Fields 1 and 2 • Upgrade bleachers, fencing, dugouts at Fields 1 and 2 • Upgrade tennis court fencing • Replace restroom adjacent to Field 2 • Consider future use as a youth -only softball complex Visibility and Land Use • Evaluate day - lighting creek within Park boundary creating natural streambed • Consider expansion of park to the south by incorporating portion of adjacent utility property • Increase water views and visibility from arterial by acquiring single family residences backing to park as funding allows • Install directional signage from major arterials • Underground overhead utility service lines as opportunity permits � {' �f � { 1 3�j � � � , off #{ y Y � ✓�� 09 LO 'o '9 4 J ° e r �♦ \ �t7 •� +` y�S3 4 '� ._R 4f ♦ n o g 4 • ` c irA' '04 o c r t♦ rt 2 v, n e o Q♦ � If �� x f s< fill�� f JL— x v "`J Fb) h� �<'' .`+'�#'#�'wJ ♦"i�df�l� � ^ } r��' - i�il�llB (+�`►i�� ^g t o ° rr �''.�� n � � ? 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