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08/21/2013 AGENDA
4 L _ _J I l CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 * * * [AMENDED THE ORDER] AUGUST 21, 2013 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 GENERAL BUSINESS — The following items will be presented together A Recreation & Conservation Office (RCO) Grant Agreement for Evergreen Rotary Park Improvements (inclusive Playground and ADA accessibility) B Community Forestry Grant Agreement with Department of Natural Resources (DNR) for Evergreen Rotary Park Improvements (Shade and Habitat Trees) 4 MAYOR'S REPORT 5 BPD BRIEFING — City of Bremerton Police Chief Steve Strachan 6 PUBLIC RECOGNITION 7 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting —August 7, 2013 C Minutes of Study Session — August 14, 2013 D Purchase of Emergency Generator for Pump Station KL -2 from Cummins Northwest LLC E Resolution No 3201 to allow the transfer of 5 -feet of City Property to Right -of -Way along Taft Avenue and 19 Street F Award Goods & Services Agreement to Olson Brothers Pro -Vac LLC of Puyallup 8 GENERAL BUSINESS — Continued A Award Consultant Contract to Grey & Osborne, Inc for the Design of the Lower Wheaton Way Project 9 COUNCIL MEMBER REPORTS 10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requ►nng special accommodations please contact the City Cleric at (360) 473 -5323 by noon on the day preceding the Meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD CK �j FI Vo" Be cv e-, � kexbc�c —" \e ���b (e- REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU My f-am piedges PLAY- Bremerton Be y��d Accessible Play Become a permanent pact of Bremerton's first playgrotmnd for ALL abilities today. By pledging $20 for each family member, your whole family can proudly stand upon the accessible playground surfacing that you all helped to purchase. Pledgees get digital photos of their family captured during the grand opening of Evergreen Rotary Park's Inclusive Playground in Summer 2014. Email today to reserve photo shoot: bremaccessibleplay @gmail.com Pledge online at www .hollvridge.org/alavgrnd.html or by mail to Bremerton Beyond Accessible Play c/o Holly Ridge Center 5112 NW Taylor Rd Bremerton, WA 98312 I CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 NEWS RELEASE Council Member Leslie Daugs is awarded the Certificate of Municipal Leadership Bremerton, WA August 14, 2013 — District 2 Council Member Leslie Daugs recently received a Certificate of Municipal Leadership (CML) from the Association of Washington Cities (AWC) Council Member Leslie Daugs completed over 30 hours of training credits to earn this distinction The CML Program is designed to enhance the ability of elected municipal officials The program provides mayors and council members in Washington with knowledge and skills required for effective governance To earn this certificate, the official attends a variety of AWC sponsored municipal workshops, including sessions on budgeting, land use planning, personnel, and leadership The courses help the mayors and council members learn the essentials of municipal service and improve their ability to work with council colleagues, city staff, and citizens Leslie Daugs represents Bremerton City Council District 2 which includes the businesses and residential areas along the Wheaton Way corridor bounded at the north by Riddell Road She was elected to serve her first term through 2013 and is pursuing a second term Leslie is currently Chair of the Public Safety and Parks Committee, Vice -Chair of the Finance Committee, is a representative on the Parks Funding Task Force, and also serves as alternate on the Audit Committee and Kitsap Regional Coordinating Council (PSRC) Executive Board She is also Vice -Chair of the Transportation Benefit District Board AWC is a private, non - profit, non - partisan corporation that represents Washington's cities and towns before the state legislature, the state executive branch, and with regulatory agencies Membership is voluntary, however, AWC maintains 100% participation from Washington's 281 cities and towns The goal of AWC is to create and maintain livable cities and town throughout the state Information about this award was provided to the City of Bremerton by: Karen Tanner, Education Coordinator Association of Washington Cities (360) 753 -4137 karent@awcnet.ore Page 112 1 wildlife, ecology, and natural resources, the tribe, the 2 City of Bremerton, and the public environmental groups. 3 Following those presentations, I would like to reserve time 4 to summarize. Thank you. 5 THE HEARING EXAMINER: Thank you. 6 MR. P JONES: I'd like to introduce now then, 7 Mr. Phil Struck, senior scientist with Parametrix. 8 THE HEARING EXAMINER: Good afternoon. Please 9 state your name and spell your last name for the record. 10 MR. STRUCK: Phil Struck, S- t- r- u -c -k. 11 (Whereupon, PHIL STRUCK, was sworn by the Hearing 12 Examiner.) 13 MR. STRUCK: Good afternoon, Ms. Allen. My name 14 is Phil Struck, and I'm a senior environmental scientist and 15 Parametrix project manager for the technical studies that 16 were performed on the Ueland Tree Farm Project. I've got 23 17 years of professional experience and I've managed between 18 10 to 15 surface mining projects throughout the Puget Sound 19 region. I've worked on the Ueland Tree Farm Project for 20 over three years, and I've been on the site literally dozens 21 of times. 22 My presentation today will discuss environmental 23 elements, specifically, the work that was done on the 24 wetlands, water resources, wildlife, and mine operations as 25 they relate to noise. I also have a little bit of Olympic Court Reporting Services Phone: 360- 732 -4600 f { Page 131 1 shaded and the water temperature is protected, and using the 2 Incremental Mining Reclamation to really minimize the _ t 3 disturbed area, which is really important because it's those 4 disturbed areas that tend to deliver -- have a potential to 3 5 deliver the sediment load to the stream, which is the a 6 primary contaminant for surface mining ope is 7 sediment. And so by limiting the disturbed area and V 8 reclaiming the mines, you know, as quickly as you can, you a k 1 9 start to really reduce the risk associated with erosion. 10 So the monitoring program, if you count up all of a E 11 the -- this table out of the draft EIS -- so you've got 12 surface water, groundwater, groundwater quantity, ,x S 13 groundwater quality, wetland tidal period, air -- and if you 14 look at all of the different locations on the site where 15 this is going to happen, you've got 35 locations where 16 there's going to be monitoring occurring on the Ueland Tree 17 Farm site for various components and, oftentimes, multiple t 18 parameters at these sites. I think by my experience, I 19 can't think of a site that I've worked on -- and I've worked 20 on some pretty big mine sites -- that have more monitoring 21 sites than the Ueland Tree Farm site has. So that's just my 4 22 experience. 23 There was a concern or a comment about the 24 otential impact of the project on Kitsap Lake water P � s 25 quality. A portion of Quarry A is located in the basin that Olympic Court Reporting Services Phone: 360 - 732 -4600 Page 132 1 discharges to Kitsap Lake. There was a comment that said 2 that, well, we didn't review the downstream area so it 3 wasn't adequately characterizes or adequately addressed'. 4 Well, there's several reasons that we didn't do that. The 5 first is that the downstream area is not on the project 6 site, it's on another piece of property. We did examine the 7 other quarter -mile distance per the Level 1 Downstream 8 Assessment and our other site work. 9 But the potential fora water quality problem in 10 Kitsap Lake due to Quarry A is very,_ very low for several 11 reasons. The first is, we've got a large stormwater 12 treatment pond, we've got the incremental development and 13 reclamation, a lot of source control things. The water that 14 does come out of this detention pond, a portion will be 15 delivered back to Dickerson Creek to reflect the five piece 16 that's in the Dickerson Creek Basin, the rest will go where 17 it always has. 18 You can kind of see as it falls down through this 19 area of low -lying depression, there's no screen. It comes 20 into a closed depression, down that closed depression, down 21 to another closed depression. This is actually where the 22 intermittent stream starts, and it's intermittent, and then 23 it goes down to Kitsap Lake. The water's going to be 24 treated. It's going to be monitored. It's got a long way 25 to go, but the potential for it to cause impacts downstream Olympic Court Reporting Services Phone 360- 732 -4600 AGENDA BILL v3A CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseaeeeeeeeeeeeeaeeeeeeeeeoeseeeeeeeeseeeeeeeeeeeeeaee■ SUBJECT: Grant Agreement with the State Study Session Date August 14th, 2013 of Washington and the Recreation and COUNCIL MEETING Date August 21st, 2013 Conservation Funding Board for Evergreen Department Parks Rotary Inclusive Playground and Park Presenter Wyn Birkenthal Improvements Phone 473 -5752 SUMMARY: The attached grant agreement provides $211,350 to assist in the renovation of Evergreen Rotary Park creating Bremerton and Kitsap County's first fully accessible playground This project improves ADA access from the main parking lot to the park's central activity area, increases the number of ADA and regular car parking spaces by 10 In addition, trees and landscaping are developed in the parking lot and along the shoreline This project has been recommended by the Parks and Recreation Commission Additionally an active volunteer group named Bremerton Beyond Accessible Playgrounds has donated $50,500 in cash and has pledged 360 hours of volunteer labor to assist with project construction ATTACHMENTS: Recreation and Conservation Office Grant Agreement Project Graphics Fiscal Impact: The total project budget is $447,900 comprised of $211,350 RCO Grant, $160,850 Community Development Block Grant, $50,500 Cash Donations, $10,000 DNR grant The project requires 380 hours of park crew time for installation of materials at a cost of $15,200 STUDY SESSION AGENDA ❑ No Presentation © Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda © General Business ❑ Public Hearing RECOMMENDED MOTION: I move to authorize the Mayor to finalize and enter into the Grant Agreement with the Recreation and Conservation Funding Board for Evergreen Rotary Inclusive Playground and Park Improvements with substantially the same terms and conditions as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 WASHINGTON STATE Recreation and Conservation Office WWRP Project Agreement Outdoor Recreation Account Project Sponsor City of Bremerton Project Number 12 -1464D Project Title Evergreen Rotary Inclusive Playground Approval Date 7/1/2013 A PARTIES OF THE AGREEMENT This project grant Agreement (Agreement) is entered into between the State of Washington by and through the Recreation and Conservation Funding Board (RCFB) and the Recreation and Conservation Office, P O Box 40917, Olympia, Washington 98504 -0917 and City of Bremerton (sponsor), 345 6th St Ste 600, Bremerton, WA 98337 and shall be binding on the agents and all persons acting by or through the parties B PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Outdoor Recreation Account of the State of Washington The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for the project named above C DESCRIPTION OF PROJECT Bremerton will use this grant to develop an inclusive playground at Evergreen Rotary Park, located on the waterfront 1/4 mile east of State Highway 303, between downtown and Olympic College These improvements will create Bremerton and Kitsap County's first fully accessible playground designed to provide play opportunities for all children regardless of ability The project will construct a new playground in an existing park, add ADA parking spaces to the main parking area, and add vegetation to the park shoreline The primary recreational opportunity provided in this project is individual child and family play D PERIOD OF PERFORMANCE The project reimbursement period shall begin on August 21, 2013 and end on November 30, 2015 No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement or specifically provided for by RCFB and /or SRFB policy or WAC Requests for time extensions are to be made at least 60 days before the Agreement end date If the request is made after the Agreement end date, the time extension may be denied The sponsor has obligations beyond this period of performance as described in Section E E ON -GOING OBLIGATION For development/renovation projects the project sponsor's on -going obligations shall be in perpetuity and shall survive the completion/termination of this project Agreement unless otherwise identified In the Agreement or as approved by the funding board It is the intent of the funding board's conversion policy (see section 23) that all areas developed with funding assistance remain in the public domain in perpetuity F PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed $211,350 00 The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below The sponsor shall be responsible for all total project costs that exceed this amount The contribution by the sponsor toward work on this project at a minimum shall be as indicated below Percentage Dolla A RCFB - WWRP - Local Parks 5000% $211,35000 Project Sponsor 5000% $211,35000 Total Project Cost 10000% $422,70000 WWRP Project Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 1 of 16 PROJAGR RPT G RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, as now existing or hereafter amended, including the sponsor's application, eligible scope activities, project milestones, and the Standard Terms and Conditions of the project Agreement, all of which are incorporated herein Except as provided herein, no amendment/deletions of any of the terms or conditions of this Agreement will be effective unless provided in writing All such amendment/deletions must be signed by both parties except the RCO director may unilaterally make amendments to extend the period of performance Period of performance extensions need only be signed by RCO's director or designee H COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFBSRFB POLICIES This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 79A 15 RCW, Chapter 286 WAC, and published agency policies, which are incorporated herein by this reference as if fully set forth I SPECIAL CONDITIONS Compliance with EO 05 -05, Archaeological and Cultural Resource Consultation Inadvertent Discovery Plan The Suquamish Tribe has requested ongoing consultation regarding this project The tribe requests the opportunity to participate during the design and planning process Contact with the tribe should be made early and often, via the Tribal Chair and Cultural Resources Staff (Dennis Lewarch) A cultural resources survey or tribal monitoring may be required based upon the outcomes of your continued tribal consulation In the event that archaeological or historic materials are discovered during project activities, work in the immediate vicinity must stop, the area must be secured, and the Sponsor must notify the concerned tribe's cultural staff and cultural committee, the Recreation and Conservation Office, and Department of Archaeology and Historic Preservation In addition, the sponsor must follow the actions identified in the attached Attachment A. Inadvertent Discovery Plan J FEDERAL FUND INFORMATION (none) K PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications and notices under this Agreement will be addressed and sent to at least the mail address or the email address listed below if not both Proiect Contact RCFB Name Colette Bema Recreation and Conservation Office Title Park Development Planner Natural Resources Building Address 680 Lebo Blvd PO Box 40917 Bremerton, WA 98310 Olympia, Washington 98504 -0917 Email Colette Bema@ci bremerton we us These addresses shall be effective until receipt by one party from the other of a written notice of any change L ENTIRE AGREEMENT This Agreement, with all amendments and attachments, constitutes the entire Agreement of the parties No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties M EFFECTIVE DATE This Agreement, for project 12- 1464D, shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until executed by both the Sponsor and the RCO Reimbursements for eligible and allowable costs incurred within the period of performance identified in Section D above are allowed only when this Agreement is fully executed and an original is received by RCO WWRP Project Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 2 of 16 PROJAGR RPT The sponsor /s has read, fully understands, and agrees to be bound by all terms and conditions as set forth in this Agreement The signators listed below represent and warrant their authority to bind the parties to this Agreement City of Bremerton By Date Name (printed) Title State of Washington On behalf of the Recreation and Conservation Funding Board (RCFB) By Date Kaleen Cottingham Director Pre - approved as to form By /s/ Date June 7, 2013 Assistant Attorney General WWRP Protect Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 3 of 16 PROJAGR RPT Standard Terms and Conditions of the Project Agreement Table of Contents Page SECTION 1 CITATIONS, HEADINGS AND DEFINITIONS 6 SECTION 2 PERFORMANCE BY THE SPONSOR 7 SECTION 3 ASSIGNMENT 7 SECTION 4 RESPONSIBILITY FOR PROJECT 7 SECTION 5 INDEMNIFICATION 7 SECTION 6 INDEPENDENT CAPACITY OF THE SPONSOR 7 SECTION 7 CONFLICT OF INTEREST 8 SECTION 8 ACKNOWLEDGMENT AND SIGNS 8 SECTION 9 COMPLIANCE WITH APPLICABLE LAW 8 SECTION 10 HAZARDOUS SUBSTANCES 9 SECTION 11 RECORDS 9 SECTION 12 TREATMENT OF ASSETS 9 SECTION 13 RIGHT OF INSPECTION 10 SECTION 14 STEWARDSHIP AND MONITORING 10 SECTION 15 DEBARMENT CERTIFICATION 10 SECTION 16 PROJECT FUNDING 10 SECTION 17 PROJECT REIMBURSEMENTS 10 SECTION 18 ADVANCE PAYMENTS 11 SECTION 19 RECOVERY OF PAYMENTS 11 SECTION 20 CONVENANT AGAINST CONTINGENT FEES 11 SECTION 21 PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS 11 SECTION 22 PROVISIONS APPLYING TO ACQUISITION PROJECTS 11 SECTION 23 RESTRICTION ON CONVERSION OF REAL PROPERTY AND /OR FACILITIES TO OTHER USES 12 SECTION 24 CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS 12 SECTION 25 INCOME AND INCOME USE 13 SECTION 26 PREFERENCES FOR RESIDENTS 13 WWRP Project Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 4 of 16 PROJAGR RPT SECTION 27 PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS 13 SECTION 28 LIABILITY INSURANCE REQUIRMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS 13 SECTION 29 REQUIREMENTS OF THE NATIONAL PARK SERVICE 14 SECTION 30 FARMLAND PRESERVATION ACCOUNT 14 SECTION 31 ORDER OF PRECEDENCE 14 SECTION 32 AMENDMENTS 14 SECTION 33 LIMITATION OF AUTHORITY 14 SECTION 34 WAIVER OF DEFAULT 14 SECTION 35 APPLICATION REPRESENTATIONS - MISREPRESENTATIONS OR INACCURACY OR BREACH 14 SECTION 36 SPECIFIC PERFORMANCE 15 SECTION 37 TERMINATION 15 SECTION 38 DISPUTE HEARING 15 SECTION 39 ATTORNEYS' FEES 15 SECTION 40 GOVERNING LAW/VENUE 16 SECTION 41 SEVERABILITY 16 WWRP Project Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 5 of 16 PROJAGR RPT 'l: , 1 WASHINGTON STATE Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Project Sponsor City of Bremerton Project Number 12 -1464D Project Title Evergreen Rotary Inclusive Playground App roval Date 7/1/2013 SECTION 1 CITATIONS, HEADINGS AND DEFINITIONS A Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future B Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement C Definitions As used throughout this Agreement, the following terms shall have the meaning set forth below acquisition -The purchase of fee or less than fee interests in real property These interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases, and mineral rights Agreement - The accord accepted by all parties to the present transaction, this Agreement, any supplemental Agreements, any amendments to this Agreement and any intergovernmental Agreements applicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the funding Board application - The documents and other materials that an applicant submits to the RCO to support the applicant's request for grant funds, this includes materials required for the "Application" in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions, maps, plans, evaluation presentations and scripts asset - Equipment purchased by the sponsor or acquired or transferred to the sponsor for the purpose of this Agreement This definition is restricted to non -fixed assets, including but not limited to vehicles, computers or machinery cognizant or oversight agency - Federal agency responsible for ensuring compliance with federal audit requirements contractor - Shall mean one not in the employment of the sponsor who is performing all or part of the eligible activities for this project under a separate Agreement with the sponsor The term "contractor" and "contractors" means contractor(s) in any titer development - The construction of or work resulting in new elements, including but not limited to structures, facilities, and/or materials to enhance outdoor recreation, salmon recovery or habitat conservation resources director - The chief executive officer of the Recreation and Conservation Office or that person's designee elements, items and worktypes - Components of the funded project as provided in the project description funding board - The board that authorized the funds in this Agreement, either the Recreation and Conservation Funding Board (RCFB) created under chapter 79A 25 110 RCW, or the Salmon Recovery Funding Board (SRFB) created under chapter 77 85 110 RCW grantee - The organizational entity or individual to which a grant (or cooperative agreement) is awarded and signatory to the Agreement which is responsible and accountable both for the use of the funds provided and for the performance of the grant- supported project or activities landowner agreement - A landowner agreement is required between a SRFB and/or RTP project sponsor and landowner for projects located on land not owned, or otherwise controlled, by the sponsor lower tier participant -refers to any sponsor receiving a federal grant through RCO Lower tier participants also refer to any grantee, subgrantee, or contractor of any grantee or subgrantee from the original sponsor funded by RCO milestone - An important event with a defined deadline for an activity related to implementation of a funded project period of performance - The time period specified in the Agreement, under Section D, period of performance project - The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds administered by RCO on behalf of the funding board RCO - Recreation and Conservation Office - The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board RCO includes the director and staff, created by Chapters 79A 25 110 and 79A 25 150 RCW and charged with administering this Agreement by Chapters 77 85 110 and 79A 25 240 RCW reimbursement - Payment of eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement renovation - The activities intended to improve an existing site or structure in order to increase its service life or functions This does not include maintenance activities restoration - Bringing a site back to its original function as part of a natural ecosystem or improving the ecological functionality of a site RTP - Recreational Trails Program - A federal grant program administered by RCO that allows for the development and maintenance of backcountry trails secondary sponsor - one of two or more eligible organizations that sponsors a grant - funded project Of these two sponsors, only one - the primary sponsor - may be the fiscal agent sponsor - The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement, includes its officers, employees, agents and successors subgrantee - The government or other legal entity to which a subgrant is awarded and which is accountable to the grantee for the use of the funds provided WWRP Project Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 6 of 16 PROJAGR RPT SECTION 2 PERFORMANCE BY THE SPONSOR The sponsor, and secondary sponsor where applicable, shall undertake the project as described in this Agreement, post evaluation summary, the sponsor's application, and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the funding board All submitted documents are incorporated by this reference as if fully set forth herein The Order of Precedence is covered in Section 31 Timely completion of the project and submission of required documents, including progress and final reports, is important Failure to meet critical milestones or complete the project, as set out in this Agreement, is a material breach of the Agreement SECTION 3 ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the sponsor without prior written consent of the Recreation and Conservation Office SECTION 4 RESPONSIBILITY FOR PROJECT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement, the project itself remains the sole responsibility of the sponsor The funding board undertakes no responsibilities to the sponsor, a secondary sponsor, or to any third party, other than as is expressly set out in this Agreement The responsibility for the implementation of the project is solely that of the sponsor, as is the responsibility for any claim or suit of any nature by any third party related in any way to the project When a project is sponsored by more than one entity, any and all sponsors are equally responsible for the project and all post - completion stewardship responsibilities SECTION 5 INDEMNIFICATION The sponsor shall defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity arising In whole or in part from the actual or alleged acts, errors, omissions or negligence of, or the breach of any obligation under this Agreement by, the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this Agreement by the State, its agents, officers, employees, subcontractors or vendors, of any tier, or any other persons for whom the State may be legally liable Provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the Sponsor is legally liable, and (b) the State its agents, officers, employees , subcontractors and or vendors, of any tier, or any other persons for whom the State may be legally liable, the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence of the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable This provision shall be included in any Agreement between sponsor and any subcontractor and vendor, of any tier The sponsor shall also defend, indemnify, and hold the State and its officers and employees harmless from all claims, demands, or suits at law or equity ansmg in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know -how, copyright rights or inventions by the sponsor or the sponsor's agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally Fable, in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods, processes, designs, information or other items furnished or communicated to State, its agents, officers and employees pursuant to the Agreement, provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know -how, copyright rights or inventions resulting from State's, its agents', officers' and employees' failure to comply with specific written instructions regarding use provided to State, its agents, officers and employees by the sponsor, its agents, employees, subcontractors or vendors, of any tier, or any other persons for whom the sponsor may be legally liable The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State and, solely for the purpose of this indemnification and defense, the sponsor specifically waives any immunity under the state industrial insurance law, Title 51 RCW The RCO is included within the term State, as are all other agencies, departments, boards, or other entities of state government SECTION 6 INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents performing under this Agreement are not officers, employees or agents of the funding board or RCO The sponsor will not hold itself out as nor claim to be an officer, employee or agent of RCO, a funding board or of the state of Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 4106 or 28B RCW The sponsor is responsible for withholding and /or paying employment taxes, insurance, or deductions of any kind required by federal, WWRP Project Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 7 of 16 PROJAGR RPT state, and /or local laws SECTION 7 CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may, in its sole discretion, by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there Is a violation of the Ethics in Public Service Act, Chapter 42 52 RCW, or any similar statute involving the sponsor in the procurement of, or performance under, this Agreement In the event this Agreement is terminated as provided above, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law SECTION 8 ACKNOWLEDGMENT AND SIGNS A Publications The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for, or referring to, the project during the project period and In the future B Signs The sponsor also shall post signs or other appropriate media during the project period and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the director C Ceremonies The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies D Federally Funded Projects When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, sponsors shall clearly state 1 The percentage of the total costs of the project that Is financed with federal money, 2 The dollar amount of federal funds for the project, and 3 The percentage and dollar amount of the total costs of the project that Is financed by nongovernmental sources SECTION 9 COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the Agreement in accordance with applicable federal, state, and local laws, regulations and RCO and funding board policies regardless of whether the sponsor is a public or non - public organization The sponsor shall comply with, and RCO is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and /or policies, including, but not limited to State Environmental Policy Act, Industrial Insurance Coverage, Architectural Barriers Act, permits (shoreline, Hydraulics Project Approval, demolition), land use regulations (critical areas ordinances, Growth Management Act), federal and state safety and health regulations (Occupational Safety and Health AdministrationlWashington Industrial Safety and Health Act), and Buy American Act Endangered Species For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in -water work unless either the sponsor has complied with 50 CFR 223 203 (b)(8), limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration Violation of this requirement maybe grounds for terminating this project Agreement This section shall not be the basis for any enforcement responsibility by RCO Nondiscrimination Laws The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to the Americans with Disabilities Act, Civil Rights Act, and the Age Discrimination Act in the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the funding board The sponsor is responsible for any and all costs or liability ansing from the sponsor's failure to so comply with applicable law Wages and Job Safety The sponsor agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and lob safety The sponsor agrees when state prevailing wage laws (RCW 39 12) are applicable, to comply with such laws, to pay the prevailing rate of wage to all workers, laborers, or mechanics employed in the performance of any part of this contract, and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39 12 040 The sponsor also agrees to comply with the provisions of the Davis -Bacon Act, and other federal laws, and the rules and regulations of the Washington State Department of Labor and Industries Archaeological and Cultural Resources The RCO reviews all applicable projects for potential Impacts to archaeological sites and state cultural resources The sponsor must comply with Executive Order 05-05 or the National Historic Preservation Act before initiating ground disturbing activity The funding board requires documented compliance with Executive Order 05 -05 or Section 106 of the National Historic Preservation Act, whichever Is applicable to the project If a federal agency declines to consult, the sponsor shall comply with the requirements of WWRP Project Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 8 of 16 PROJAGR RPT Executive Order 05 -05 In the event that archaeological or historic materials are discovered during project activities, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification must be provided to the following concerned Tnbes' cultural staff and cultural committees, RCO, and the State Department of Archaeology and Historic Preservation If human remains are discovered during project activity, work in the location of discovery and immediate vicinity must stop instantly, the area must be secured, and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology, the coroner and local law enforcement in the most expeditious manner possible according to RCW 6850 Restrictions on Grant Use No part of any funds provided under this grant shall be used, other than for normal and recognized executive- legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U S Congress or any state legislature No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor, or agent acting for such sponsor, related to any activity designed to influence legislation or appropriations pending before the U S Congress or any state legislature SECTION 10 HAZARDOUS SUBSTANCES A Certification The sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances, as defined in Chapter 70 1050 020 (10) RCW, and certdy 1 No hazardous substances were found on the site, or 2 Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed "clean " B Responsibility Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70 105D RCW C Hold Harmless The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attomeys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property the sponsor is acquiring SECTION 11 RECORDS A Maintenance The sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement Sponsor shall retain such records for a period of six years from the date RCO deems the project complete , as defined in Section 17(C) below If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved B Access to records and data At no additional cost, the records relating to the Agreement, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by RCO, personnel duly authorized by RCO, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or Agreement This includes access to all information that supports the costs submitted for payment under the grant and all findings, conclusions, and recommendations of the sponsor's reports, including computer models and methodology for those models C Public Records Sponsor acknowledges that the funding board is subject to chapter 42 56 RCW and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in chapter 42 56 RCW Additionally, in compliance with RCW 77 85 130(8), sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB By submitting any record to the state sponsor understands that the State maybe requested to disclose or copy that record under the state public records law, currently codified at RCW 42 56 The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws The Sponsor hereby agrees to release the State from any claims ansmg out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims ansmg from allowing such review or copying and pay the reasonable cost of state's defense of such claims SECTION 12 TREATMENT OF ASSETS A Assets shall remain in the possession of the sponsor for the duration of the project or applicable grant program When the sponsor discontinues use of the asset(s) for the purpose for which it was funded, RCO will require the sponsor to deliver the asset(s) to RCO, dispose of the asset according to RCO policies, or return the fair market value of the asset(s) to RCO Assets shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by RCO in writing B The sponsor shall be responsible for any loss or damage to assets which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that asset in accordance with sound management practices WWRP Project Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 9 of 16 PROJAGR RPT SECTION 13 RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and /or quality assurance under this Agreement If a landowner agreement or other form of control and tenure has been executed, it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance SECTION 14 STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the funding board SECTION 15 DEBARMENT CERTIFICATION A For Federally Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the Office of Inspector General Suspension and Debarment List at http //www gsaig gov/hndex cfm? LmkServl D= C4C89080- D2BE- D29A- 96355D44A13E4356 The sponsor (prospective lower tier participant) shall provide immediate written notice to RCO if at any time the prospective lower tier participant learns that the above certificabon was not correct when submitted or has become erroneous by reason of changed circumstances B For State Funded Projects By signing the Agreement with RCO, the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the "Contractors not Allowed to Bid on Public Works Projects" list at http / /www Im wa gov/ TradesLicensmg/ PrevWage/ AwardmgAgencies /DebarredContractors/ SECTION 16 PROJECT FUNDING A Additional Amounts The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement B Before the Agreement No expenditure made, or obligation incurred, by the sponsor before the project start date shall be eligible for grant funds, in whole or in part, unless specifically provided for by funding board policy, such as a waiver of retroactivity or program specific eligible pre- Agreement costs For reimbursements of such costs, this Agreement must be fully executed and an original received by RCO The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement C After the period of performance No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder In addition to any remedy the funding board may have under this Agreement, the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation SECTION 17 PROJECT REIMBURSEMENTS A This contract is administered on a reimbursement basis The sponsors may only request reimbursement after eligible and allowable costs have already been paid by the sponsor and remitted to their vendors RCO will then reimburse the sponsor for those costs based upon RCO's percentage as defined in Section F of the Project Agreement of the amount billed to RCO RCO does not reimburse for donations which the sponsor may use as part of its percentage All reimbursement requests must include proper documentation of expenditures as required by RCO B Compliance and Payment The obligation of RCO to pay any amount(s) under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor C Compliance and Retainage RCO reserves the right to withhold disbursement of up to the final ten percent (10 %) of the total amount of the grant to the sponsor until the project has been completed A project is considered "complete" when 1 All approved or required activities outlined in the Agreement are done, 2 On -site signs are in place (if applicable), 3 A final project report is submitted to and accepted by RCO, 4 Any other required documents are complete and submitted to RCO, 5 A final reimbursement request is submitted to RCO, 6 The completed project has been accepted by RCO, 7 Final amendments have been processed, and 8 Fiscal transactions are complete WWRP Project Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 10 of 16 PROJAGR RPT 9 RCO has accepted a final boundary map, if required for the project, for which the Agreement terms will apply in the future D Reimbursement Request Frequency Sponsors are encouraged to send RCO a reimbursement request at least quarterly Sponsors are required to submit a reimbursement request to RCO, at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements SECTION 18 ADVANCE PAYMENTS Advance payments of or m,anticipation of goods or services to be provided under this Agreement are limited to grants approved by the SRFB and must comply with SRFB policy See WAC 420 - 12-060 (5) SECTION 19 RECOVERY OF PAYMENTS In the event that the sponsor fads to expend funds under this Agreement in accordance with state and federal laws, and /or the provisions of the Agreement, or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO Interest shall accrue at the rate of twelve percent (12 %) per annum from the time that payment becomes due and owing SECTION 20 COVENANT AGAINST CONTINGENT FEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business RCO shall have the right, in the event of breach of this clause by the sponsor, to terminate this Agreement without liability or, in its discretion, to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee SECTION 21 PROVISIONS APPLYING TO DEVELOPMENT, RENOVATION AND RESTORATION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for development, renovation and restoration of land or facilities for outdoor recreation, habitat conservation, or salmon recovery A Document Review and Approval The sponsor agrees to submit one copy of all development, renovation, restoration or construction plans and specifications to RCO for review prior to implementation Review and approval by RCO will be for compliance with the terms of this Agreement B Contracts for Development, Renovation, or Restoration Sponsors must have a procurement process that follows applicable state and /or required federal procurement principles If no such process exists the sponsor must follow these minimum procedures (1) publish a notice to the public requesting bids/proposals for the project (2) specify in the notice the date for submittal of bids /proposals (3)specify in the notice the general procedure and criteria for selection, and (4) comply with the same legal standards regarding unlawful discrimination based upon race, ethnicity, sex, or sex - orientation that are applicable to state agencies in selecting a bidder or proposer This procedure creates no rights for the benefit of third parties, including any proposers, and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO Sponsors may be required to certify to the RCO that they have followed any applicable state and /or federal procedures or the above minimum procedure where state or federal procedures do not apply C Contract Change Order Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval D Control and Tenure The sponsor must provide documentation that shows appropriate tenure (landowner agreement, long term lease, easement, or fee simple ownership) for the land proposed for development, renovation or restoration The documentation must meet current RCO requirements E Nondiscrimination Except where a nondiscrimination clause required by a federal funding agency is used, the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws, regulations and policies " F Use of Best Management Practices Project sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines (AHG) Program The best management practices are described in three documents "Stream Habitat Restoration Guidelines Final Drat", 2004, "Design of Road Culverts for Fish Passage ", 2003, and "Integrated Streambank Protection Guidelines ", 2002 These documents and other information can be found on the AHG website SECTION 22 PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the project described in this Agreement is for the acquisition of interest in real property (including easements) for outdoor recreation, habitat conservation, salmon recovery purposes, or farmland preservation A Evidence of Land Value Before disbursement of funds by RCO as provided under this Agreement, the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy WWRP Project Agreement - RCO #12 -14640 Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 11 of 16 PROJAGR RPT B Evidence of Title The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired This shall be done before any payment of financial assistance C Legal Description of Real Property Rights Acquired The legal description of the real property rights purchased with funding assistance provided through this project Agreement (and protected by a recorded conveyance of rights to the State of Washington) shall be incorporated into the Agreement before final payment D Conveyance of Rights to the State of Washington Document securing long -term rights for the State of Washington When real property rights (both fee simple and lesser interests) are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO, on behalf of the State of Washington These documents include a Deed of Right, Assignment of Rights, Easements and/or Leases The sponsor agrees to use document language provided by RCO, to record the executed document in the County where the real property lies, and to provide a copy of the recorded document to RCO The document required will vary depending on the project type, the real property rights being acquired and whether or not those rights are being acquired in perpetuity 1 Deed of Right The Deed of Right conveys to the people of the state of Washington the right to preserve, protect, and /or use the property for public purposes consistent with the fund source Sponsors shall use this document when acquiring real property rights that include the underlying land This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes 2 Assignment of Rights The Assignment of Rights document transfers certain rights such as access and enforcement to RCO Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document 3 Easements and Leases The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document, thereby eliminating the requirement for a separate document Language will depend on the situation, sponsor must obtain RCO approval on the draft language prior to executing the easement or lease E Real Property Acquisition and Relocation Assistance 1 When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat 1894 (1970) — Public Law 91 -646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100 -17 -1987, and applicable regulations and procedures of the federal agency implementing that Act 2 When state funds are part of this Agreement, the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8 26 RCW, and Chapter 468 -100 WAC 3 Housing and Relocation In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and /or state law set out in subsection (2) above, are involved in the execution of this project, the sponsor agrees to provide any housing and relocation assistance required F Buildings and Structures In general, grant funds are to be used for outdoor recreation, habitat conservation, or salmon recovery Sponsors agree to remove or demolish ineligible structures Sponsors must consult RCO regarding compliance with section 9 - Archaeological and Cultural Resources before structures are removed or demolished SECTION 23 RESTRICTION ON CONVERSION OF REAL PROPERTY AND /OR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property or facility acquired, developed, renovated, and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules, and funding board policies It is the intent of the funding board's conversion policy, current or as amended in the future, that all real property or facilities acquired, developed, renovated, and /or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board Determination of whether a conversion has occurred shall be based upon applicable law and RCFB /SRFB policies For acquisition projects that are term limited, such as one involving a lease or a term - limited restoration, renovation, or development project or easement, this restriction on conversion shall apply only for the length of the term, unless otherwise provided in written documents or required by applicable state or federal law In such case, the restriction applies to such projects for the length of the term specified by the lease, easement, deed, or landowner agreement When a conversion has been determined to have occurred, the sponsor is required to remedy the conversion per established funding board policies SECTION 24 CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS For acquisition, development, renovation and restoration projects, sponsors must ensure that properties or facilities assisted with funding board funds, including undeveloped sites, are built, operated, used, and maintained A According to applicable federal, state, and local laws and regulations, including public health standards and budding codes B In a reasonably safe condition for the project's intended use C Throughout its estimated life so as to prevent undue deterioration WWRP Project Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 12 of 16 PROJAGR RPT D In compliance with all federal and state nondiscrimination laws, regulations and policies For acquisition, development, renovation and restoration projects, facilities open and accessible to the general public must E Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards, guidelines, or rules, including but not limited to the International Budding Code, the Americans with Disabilities Act, and the Architectural Barriers Act, as updated F Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods G Be available for use by the general public without reservation at reasonable hours and times of the year, according to the type of area or facility SECTION 25 INCOME AND INCOME USE A Income 1 Compatible source The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement 2 Fees User and /or other fees may be charged in connection with land acquired or facilities developed with funding board grants if the fees are consistent with the (a) Value of any service(s) furnished, (b) Value of any opportunities furnished, and (c) Prevailing range of public fees in the state for the activity involved Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and /or hunter) for which a facility/range fee must not be charged (Chapter 79A 25 210 RCW) B Income use Regardless of whether income or fees in a project work site (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc ) are gained during or after the reimbursement period cited in the Agreement, unless precluded by state or federal law, the revenue may only be used to offset 1 The sponsor's matching funds, 2 The project's total cost, 3 The expense of operation, maintenance, stewardship, monitoring, and /or repair of the facility or program assisted by the funding board grant, 4 The expense of operation, maintenance, stewardship, monitoring, and /or repair of other similar units in the sponsor's system, and /or 5 Capital expenses for similar acquisition and /or development SECTION 26 PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence Even so, the funding board discourages the imposition of differential fees Fees for nonresidents must not exceed twice the fee imposed on residents Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities SECTION 27 PROVISIONS RELATED TO CORPORATE (INCLUDING NONPROFIT) SPONSORS A corporate sponsor, including any nonprofit sponsor, shall A Maintain corporate status with the state, including registering with the Washington Secretary of State's office, throughout the sponsor's obligation to the project as identified in the Agreement B Notify RCO prior to corporate dissolution Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on -going project responsibilities A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met C Sites or facilities open to the public may not require exclusive use, (e g , members only) SECTION 28 LIABILITY INSURANCE REQUIREMENTS FOR FIREARMS AND ARCHERY RANGE SPONSORS A The sponsor of a firearms or archery range recreation project shall procure an endorsement, or other addition, to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility, provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person B The liability insurance policy, including any endorsement or addition, shall name Washington State, the funding board, and RCO as additional insured and shall be in a form approved by the funding board or director WWRP Project Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 13 of 16 PROJAGR RPT C The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement D The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the sponsor E The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government which has established a program of self - insurance or a policy of self - insurance with respect to claims ansing from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy as a part of its application to the funding board F By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates Any such person, or any other person making claims based on such death, injury, or damage, must look to the sponsor, or others, for any and all remedies that may be available by law SECTION 29 REQUIREMENTS OF THE NATIONAL PARK SERVICE If the project has been approved by the National Park Service, US Department of the Interior, for funding assistance from the federal Land and Water Conservation Fund (LWCF), the "Project Agreement General Provisions" in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement The sponsor shall abide by these LWCF General Provisions, in addition to this Agreement, as they now exist or are hereafter amended Further, the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions SECTION 30 FARMLAND PRESERVATION ACCOUNT For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account, the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement • Section 8 - Acknowledgement and Signs, • Section 10 - Hazardous Substances, • Section 14 - Stewardship and Monitoring • Section 22 - Provisions Applying to Acquisition Projects, Sub - sections F and G • Section 23 - Restriction on Conversion of Real Property and /or Facilities to Other Uses, • Section 24 - Construction, Operation, Use and Maintenance of Assisted Projects, Sub - sections E, F. G, and • Section 25 - Income and Income Use SECTION 31 ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws The provisions of the Agreement shall be construed to conform to those laws In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order A Applicable federal and /or state statutes, regulations, policies and procedures including RCO /funding board policies and procedures, applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders, B Project agreement including attachments, C Special Conditions, D Standard Terms and Conditions of the Project Agreement SECTION 32 AMENDMENTS Amendments to this Agreement shall be binding only if in writing and signed by personnel authorized to bind each of the parties except period of performance extensions and minor scope adjustments need only be signed by RCO's director or designee SECTION 33 LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO SECTION 34 WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the director, or the director's designee, and attached to the original Agreement SECTION 35 APPLICATION REPRESENTATIONS — MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement WWRP Project Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 14 of 16 PROJAGR RPT SECTION 36 SPECIFIC PERFORMANCE The funding board and RCO may enforce this Agreement by the remedy of specific performance, which usually will mean completion of the project as described in this Agreement However, the remedy of specific performance shall not be the sole or exclusive remedy available to RCO No remedy available to the funding board or RCO shall be deemed exclusive The funding board or RCO may elect to exercise any, a combination of, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity SECTION 37 TERMINATION The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and all funding board and RCO policies, and with the representations of the sponsor in its application for a grant as finally approved by the funding board A For Cause The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement i In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement, or rr If the sponsor fads to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived B Non Availability of Funds The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period, RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs If RCO participation is suspended under this section for a continuous period of one year, RCO's obligation to provide any future funding under this Agreement shall terminate Termination of the Agreement under this section is not subject to appeal by the sponsor C For Convenience Except as otherwise provided in this Agreement, RCO may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination SECTION 38 DISPUTE HEARING Except as may otherwise be provided in this Agreement, when a dispute anses between the sponsor and the funding board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section Either party's request for a dispute hearing must be in writing and clearly state A The disputed issues, B The relative positrons of the parties, C The sponsors name, address, project title, and the assigned project number In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in wnting that the procedure under this section shall be used to resolve those specific issues The dispute shall be heard by a panel of three persons consisting of one person chosen by the sponsor, one person chosen by the director, and a third person chosen by the two persons initially appointed If a third person cannot be agreed on, the third person shall be chosen by the funding board's chair Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved The process may be solely based on written material if the parties so agree The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful Request for a disputes hearing under this section by either party shall be delivered or marled to the other party The request shall be delivered or marled within thirty (30) days of the date the requesting party has received notice of the action or positron of the other party which it wishes to dispute The wntten Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request All costs associated with the implementation of this process shall be shared equally by the parties SECTION 39 ATTORNEYS' FEES In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs WWRP Protect Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 15 of 16 PROJAGR RPT SECTION 40 GOVERNING LAWIVENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington In the event of a lawsuit involving this Agreement, venue shall be in Thurston County Superior Court if legally proper, otherwise venue shall be in a county where the project is situated The sponsor, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington In the cases where this Agreement is between the funding board and a federally recognized Indian Tribe, the following governing law/venue applies A Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance, breach or enforcement of this Agreement, it shall so notify the Tribe If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court, the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction if the Tribe so notifies the State, the State shall bring such lawsuit in federal court, otherwise the State may sue the Tribe in the Thurston County Superior Court Interpretation of the Agreement shall be according to applicable State law, except to the extent preempted by federal or tribal law In the event suit is brought in federal court and the federal court determines that it lacks subject matterjunsdicbon to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court B Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from such a lawsuit shall be binding and enforceable on the parties Any money judgment or award against a Tribe, tribal officers and members, or the State of Washington and its officers and employees may exceed the amount provided for in Section F- Protect Funding of the Agreement in order to satisfy the judgment C The Tribe hereby waives its sovereign immunity for suit in state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance or breach of this Agreement This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties In any enforcement action, the parties shall bear their own enforcement costs, including attomeys' fees For purposes of this provision, the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement SECTION 41 SEVERABILITY The provisions of this Agreement are intended to be severable If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement WWRP Protect Agreement - RCO #12 -1464D Outdoor Recreation Account Chapter 79A 15 RCW, Chapter 286 WAC Page 16 of 16 PROJAGR RPT Attachment A Inadvertent Discovery Plan Inadvertent Discovery of Human Skeletal Remains on Non - Federal and Non - Tribal Land in the State of Washington (RCWs 68.5o.645, 27.44.055, and 68.6o.055) "If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity will cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance. The finding of human skeletal remains will be reported to the county medical examiner /coroner and local law enforcement to the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county medical examiner /coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non forensic. If the county medical examiner /coroner determines the remains are non forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non - Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains." Eligible Scope Activities Project Sponsor City of Bremerton Project Number 12 -1464 Project Title Evergreen Rotary Inclusive Playground Project Type Development Program WWRP - Local Parks Approval 7/112013 Project Metrics Sites Improved Project acres developed 000 Project acres renovated 500 Development Metrics Worksite #1, Evergreen Park Buildings and Structures Construct / Install restroom Number of restrooms 0 new, 1 renovated Install child changing tables Select the restroom type Restroom General Site Improvements Develop paths/walkways Select the surface of the path /walkway Asphalt Linear feet of path /walkway 160 Walkway lighting provided (yes /no) No Number of walkway bridges 0 new, 0 renovated Habitat enhancement Acres of the habitat enhancement area 030 Acres of wetland created 000 Wetland acres restored / enhanced 000 Linear feet of stream bank / shoreline restored or enhanced 400 Install fencing /barriers Removeab/e wood bollards, Fencing at selected locations Install general site structures Select one or more of the sheltered structures included in the project Select one or more of the surface structures included in the project Seating wall Install site furnishings New benches, trash receptacles, concrete pads and renovated picnic tables to provide ADA access Landscaping improvements Acres of landscaped area 006 Select the landscape features Boulders, Drainage, Grass /turf, Groundcover, Irrigation, Native vegetation, Trees /shrubs Parking and Roads Parking development Number of vehicle parking stalls 13 new, 25 renovated Number of vehicle with trailer parking stalls 0 new, 14 renovated Number of accessible parking stalls Vehicle with trailers 0 Vehicle 4 Select the parking surfaces Asphalt Select the parking enhancements Bio- swale, Curbs ELIGREIM RPT July 30, 2013 Page 1 Eligible Scope Activities Play Areas Playground development Number of play areas 1 new, 0 renovated Number of climbing walls/rocks 0 new, 0 renovated Select the play area surface material type Other Artificial playground grass Site Preparation General site preparation Mobilization, Staking, TESC, Demolition of paving and playground, Clearing and grubbing, Temporary fencing to protect existing trees and secure site Cultural Resources Cultural resources Update to Cultural Resource Survey Permits Obtain permits Shore line Exemption, Grading, Building Permits Architectural & Engineering Architectural & Engineering (A &E) ELIGREIM RPT July 30, 2013 Page 2 Milestone Report By Project Project Number: 12 -1464 D Project Name Evergreen Rotary Inclusive Playground Sponsor: Bremerton City of Project Manager Adam Cole x Milestone Target Date Comments/Description Project Start 08/21/2013 Design Initiated 08/30/2013 I Cultural Resources Complete 10/31/2013 Applied for Permits 10/31/2013 SEPA/NEPA Completed 10/31/2013 All Bid Docs /Plans to RCO 10/31/2013 60% Plans to RCO 10/31/2013 Plans also sent to Suquamish to begin identifing on -site monitoring timeline and priorities Bid Awarded /Contractor Hired 11/30/2013 I Progress Report Submitted 12/31/2013 I Special Conditions Met 01/01/2014 On -site monitoring of construction site begins I Construction Started 01/01/2014 RCO Interim Inspection 06/30/2014 I Annual Project Billing 07/31/2014 I Progress Report Submitted 12/31/2014 50% Construction Complete 02/28/2015 Funding Acknowl Sign Posted 03/31/2015 90% Construction Complete 05/31/2015 Construction Complete 06/30/2015 RCO Final Inspection 07/31/2015 Final Billing to RCO 09/30/2015 Final Report in PRISM 10/31/2015 I Agreement End Date 11/30/2015 X = Milestone Complete I = Critical Milestone 1MILESTO RPT July 30, 2013 Page 1 Consider this Why is beyond • - • - play needed in Kitsap Co unty? People with disabilities are the nation's largest minority group AND the only group which anyone can loin at anytime 4 in , 3® children have special needs � ) 1 � � .. eemrmro soft t ,� °�� � , cpr t h. , , �� .r r ► q�a�ro Ol j s } O 1 g Disibihhes include Our Goal • Physical • Social /Emotional`P�t�e�oe� a. a� � =`7I • Cognitive • Sensory � trpn a ° Create on inclusive, latex free, beyond ADA accessible, • Communication • Chronic health impairment rp�p C�Dmatt Each year Holly Ridge Center serves 830 sensory integrated and universally designed playground for Ciri<xia rr " 10 iA �`°"�" children in the Infant Toddler Program and 230 children and adults of all abilities to enjoy with their families (National Center For Educational Statists zoov) g _ adults in the Adult Employment Services Program and friends $13k /yr �f ►ws �a t St— &nd h.. + '� 1°I� )� }�. " Y �� �^'"u.`, t \>t it y • ~ 11 , � . �� - , r- n � _ `f T s Our Partners Central Kitsap and Bremerton School Districts Beyond accessible playgrounds are typically Census tracts do not reflect the location of ��; • serve 2500 students from age 3 -21 with special limited to cities with a higher median income working families that are "medically poor " H yd roce p h#s educational and therapeutic services t f EVERGREEN PARK BEYOND ACCESSIBLE PLAY PROJECT - NEED acd CITY OF BREMERTON AacssWe Play a C Extent of New Beyond Accessible - -- r ¢ Playground f )00 z i r Long, indirect route to playground �C Inadequate access to elevated play structures rf� Curbing ramp not provided ' #�� I New ADA Access Path Elevated play activity not duplicated as ground - level activity Li l� Y IP No wheelchair access to elevated play = ' structures — Swings do not provide postural support EVERGREEN PARK BEYOND ACCESSIBLE PLAY PROJECT - ADA SITE DEFICIENCIES Beti &nd CITY OF BREMERTON A m1lia Pkp NOW@ v@@@0@9d@0D � sir c - A e `� f?POrrBd ®a �1�60 ®0 0 o 0l hog z� G^7 �O °� G�Cc,C�ac�cynL�OC� oP0Q81/O 5a90 "- \` ° °° 00000� / flow ADA PoPW@ 50 @00g b 0 .� 0�c�aaoP ° as car GJ¢¢oaa6b0o � Qwwca¢08�� po0a PLAYGROUND ENLARGEMENT oa � i ti EVERGREEN ROTARY PARK INCLUSIVE PLAYGROUND: DEVELOPMENT SITE PLAIN Bremerton - RECREATION AND CONSERVATION OFFICE - WWRP LOCAL PARKS #12 -1464 ey d CITY OF BREMERTON - PARKS AND RECREATION DEPARTMENT A ccessible May ,�„ B - l mmswn mo ¢ffi4n6®am° ea�o® < u i - _ �A° or ,o o a ° ° 0 COD { ° 9� 'e° 6 '6b )f m t S{ ✓�'!E a"r`yl 1 PISt�r 6 EVERGREEN ROTARY PARK INCLUSIVE PLAYGROUND: PLAY AREA IMAGES Bremerton RECREATION AND CONSERVATION OFFICE - WWRP LOCAL PARKS # 12 -1464 Bey d CITY OF BREMERTON - PARKS AND RECREATION DEPARTMENT AccessibDe 1Play e AGENDA BILL 313 CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeseeeeeeeeeeeeeeeeeseeeee■ SUBJECT: Community Forestry Grant Study Session Date August 14th, 2013 Agreement with Department of Natural COUNCIL MEETING Date August 21st, 2013 Resources for Evergreen Rotary Park Department Parks Presenter Wyn Birkenthal Phone 473 -5752 SUMMARY: The attached Community Forestry Assistance Grant Agreement with the Washington State Department of Natural Resources pays for the cost of shade and habitat trees at Evergreen Rotary Park The grant is intended to demonstrate the use of trees to shade the shoreline, increase habitat values and filter storm water runoff from paved surfaces The grant also pays for educational signage explaining the advantages of shoreline trees This grant is a sister grant to the RCO grant for Evergreen Rotary Park improvements and the RCO grant serves as the local match for Community Forestry grant The grant project helps Bremerton maintain its Tree City USA designation by planting species appropriate urban trees to publicly owned lands ATTACHMENTS: Community Forestry Grant Agreement FISCAL IMPACTS (Include Budgeted Amount) Match is budgeted through $36,300 Recreation and Conservation Office Grant The total project budget is $447,900 comprised of $211,350 RCO Grant, $160,850 Community Development Block Grant, $50,500 Cash Donations, $10,000 DNR grant and $15,200 of park crew labor STUDY SESSION AGENDA ❑ No Presentation © Full Presentation STUDY SESSION ACTION- ❑ Consent Agenda ® General Business ❑ Public Hearing RECOMMENDED MOTION: I move to authorize the Mayor to finalize and enter into the Community Forestry Grant Agreement with Department of Natural Resources for Evergreen Rotary Park with substantially the same terms and conditions as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 M ARIN RAP turaf Resources INTERAGENCY AGREEMENT WITH THE City of Bremerton Agreement No. I4,A- 13- 252/K244- 11- DG-015 USDA Forest Service CFDA Number 10.664 This Agreement is between the City of Bremerton and the Washington State Department of Natural Resources, Resource Protection Division, referred to as DNR DNR falls under authority of RCW Chapter 43 30 of Washington State, Department of Natural Resources DNR and the City of Bremerton herein after referred to as the Grantee, enter into this agreement under Chapter 39 34, Inter -local Cooperation Act The purpose of this Agreement is to plant approximately 70 native trees along the Evergreen Park shoreline and in the main parking area. IT IS MUTUALLY AGREED THAT: 1.01 Statement of Work. The Grantee shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to performing work set forth in the Attachment "A ". 1.02 The Grantee shall produce a mid -report by November 1, 2013, and a final report upon protect completion summarizing work performed and evaluating the performance and results of this agreement. 2.01 Period of Performance. The period of performance of this Agreement shall begin upon final execution by both parties, and end on May 30, 2014, unless terminated sooner as provided herein 3.01 Payment. Payment for the work provided is established under RCW 39 34 130 Payment will not exceed dollars ($10000) Payment for satisfactory performance of work shall not exceed this amount unless the parties mutually agree to a higher amount before beginning any work that could cause the maximum payment to be exceeded Payment for services shall be based on the rates and terms described in Attachment "B" 4.01 Billing Procedures. The Grantee shall submit invoices no more than 4 times during the period of performance stated in section 2 01 Payment to the Grantee for approved and 1 of Ab eementNo IAA- 13- 252/K244- I1 -DG01 completed work will be made by warrant or account transfer within 30 days of recenvin the invoice When the contract expires, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. 5.01 Records Maintenance. The Grantee shall maintain books, records, documents and other evidence, to sufficiently document all direct and indirect costs incurred by the City of Bremerton in providing the services These records shall be available for inspection, review, or audit by personnel of the DNR, other personnel authorized by the DNR, the Office of the State Auditor, and federal officials as authorized by law. The Grantee shall keep all books, records, documents, and other material relevant to tlus Agreement for six years after agreement expiration. The Office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access to and the right to examine any of these materials during this period Records and other documents in any medium furnished by one party to this agreement to the other party will remain the property of the furnishing party, unless otherwise agreed The receiving party will not disclose this material to any third parties without first notifying the furnishing party and giving it a reasonable opportunity to respond. Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 6.01 Rights to Data. Unless otherwise agreed, data originating from this Agreement shall be "Works Made for Hire' as defined by the U S Copyright Act of 1976 and shall be owned by the DNR and the Grantee Data shall include, but not be lnrnited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and /or sound reproductions Ownership includes the right to use, copyright, patent, register and the ability to transfer these rights. 7.01 Independent Capacity. The employees or agents of each party who are engaged in performing this agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party 8.01 Amendments. This Agreement may be amended by mutual agreement of the parties. Amendments shall be in writing and signed by personnel authorized to bind each of the parties 9.01 Termination. Either party may terminate thus Agreement by giving the other party 30 days prior written notice If this Agreement is terminated, the terminating party shall be liable to pay only for those services provided or costs incurred prior to the termination date according to the terms of this Agreement 10.01 Termination for Cause. If for any cause either party does not fulfill in a timely and proper manner its obligations under this Agreement, or of either party violates any of the terms and conditions, the aggrieved party will give the other party written notice of the failure or violation The aggrieved party will give the other party 15 working days to correct the violation or failure. If the failure or violation is not corrected within 15 days, the aggrieved party may immediately terminate tlus Agreement by notifying the other party in writing 11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like thus: Each party to this agreement shall appoint a member to the dispute board. These board members shall jointly 2 of 7 Agreement No IAA- 13- 252/K244 -11 -DG -015 appoint an additional member to the dispute board The dispute board shall evaluate the facts, contract terms, applicable statutes and rules, then determine a resolution. The dispute board's determination shall be final and binding on the parties As an alternative to the dispute board, either of the parties may request intervention by the Governor, as provided by RCW 43 17 330. In this case, the Governor's process will control the dispute resolution. 12.01 Governance. Tlus contract is entered into the authority granted by the laws of the State of Washington and any applicable federal laws The provisions of this agreement shall be construed to conform to those laws. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order. (1) Applicable State and federal statutes and rules (See Minimum Federal Requirements - Attachment C); (2) Statement of Work, and (3) Any other provisions of the agreement, including materials incorporated by reference. 13.01 Assignment. The work to be provided under this Agreement and any claim an sing from this agreement cannot be assigned or delegated in whole or in part by either party, without the express prior written consent of the other party Neither party shall unreasonably withhold consent 14.01. Waiver. A party that fails to exercise its rights under this agreement is not precluded from subsequently exercising its rights. A party's rights may only be waived through a written amendment to this agreement 15.41 Severability. The provisions of this agreement are severable If any provision of this Agreement or any provision of any document incorporated by reference should be held invalid, the other provisions of this Agreement without the invalid provision remain valid 16.01 Insurances. The Grantee and DNR are part of the State of Washington and are protected by the State's self-insurance liability program as provided by Chapter 4 92 RCW These agencies have entered into this agreement to provide /perform the Evergreen Park Demonstration Tree Planting described therein. This agreement will terminate on the date listed in the period of performance The agencies agree to share responsibility equally for losses that arise out of this agreement. (1) General Insurance Requirements At all times during the term of this agreement, the Grantee shall, at its cost and expense, buy and maintain insurance of the types and amounts listed below Failure to buy and maintain the required insurance may result in the termination of the agreement at DNR's option All insurance shall be issued by companies admitted to do business in the State of Washington and have a rating of A -, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by DNR Any exception must be reviewed and approved by 3 of 7 Agreement No IAA- 13- 252/K244 -11 -DG -015 the DNR Risk Manager or in the absence of, the Contracts Specialist at FMD, before the contract is accepted If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48 15 RCW and 284 -15 WAC Before starting work, Grantee shall furnish DNR, with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified in the bid/proposal, if applicable, and Agreement. Said certificatc(s) shall contain the Contract number IAA- 13- 252/K244 -11 -DG -015, name of DNR Project Manager, a description, and include the State of Washington, DNR, its elected and appointed officials, agents, and employees as additional insured on all general liability, excess, umbrella and property insurance policies. Grantee shall include all subgrantees as insureds under all required insurance policies, or shall fw separate certificates of insurance and endorsements for each subgrantee Subgrantee(s) must comply fully with all insurance requirements stated herein Failure of subgrantee(s) to comply with insurance requirements does not limit Grantee's liability or responsibility. All insurance provided in compliance with this contract shall be primary as to any other insurance or self - insurance programs afforded to or maintained by DNR Grantee waives all rights against DNR for recovery of damages to the extent these damages are covered by general liability or umbrella insurance maintained pursuant to this Agreement DNR shall be provided written notice before cancellation or non - renewal of any insurance referred to therein, in accord with the following specifications (1) Insurers subject to Chapter 48.18 RCW (Admitted and Regulated by the Insurance Commissioner) The insurer shall give DNR 45 days advance notice of cancellation or non - renewal If cancellation is due to nonpayment of premium, DNR shall be given 10 days advance notice of cancellation (2) Insurers subject to Chapter 48 15 RCW (Surplus lines) DNR shall be given 20 days advance notice of cancellation If cancellation is due to nonpayment of premium, DNR shall be given 10 days advance notice of cancellation In lieu of the coverages required under this section, DNR at its sole discretion may accept evidence of self - insurance by the Grantee, provided Grantee provides the following Grantee shall provide a statement by a CPA or actuary, satisfactory to DNR that demonstrates Grantee's financial condition is satisfactory to self - insure any of the required insurance coverages. DNR may require Grantee to provide the above from time to time to ensure Grantee's continuing ability to self- insure If at any time the Grantee does not satisfy the self- insurance requirement, Grantee shall immediately purchase insurance as set forth under this section By requiring insurance herein, DNR does not represent that coverage and limits will be 4 of 7 Agreement No IAA- 13- 252/K244 -11 -DG -015 adequate to protect Grantee and such coverage and limits shall not limit Grantee's liability under the indemnities and reimbursements granted to DNR in this contract. The limits of insurance, which may be increased by DNR, as deemed necessary, shall not be less than as follows: (1) Commercial General Liability (CGL) Insurance Grantee shall maintain general liability (CGL) insurance, and, if deemed necessary as determined by DNR, commercial umbrella insurance with a limit of not less than $1,000,000 per each occurrence and $2,000,000 for a general aggregate limit The products - completed operations aggregate limit shall be $2,000,000 CGL insurance shall be written on ISO occurrence form CG 00 01 (or substitute form providing equivalent coverage) All insurance shall cover liability arising out of premises, operations, independent Grantees, products - completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract), and contain separation of insureds (cross liability) conditions. (2) Employers Liability (Stop Gap) Insurance- If Grantee shall use employees to perform this contract, Grantee shall buy employers liability insurance, and, if deemed necessary as determined by DNR, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease (3) Business Auto Policy (BAP) Insurance- Grantee shall maintain business auto liability and, if deemed necessary as determined by DNR, commercial umbrella liability insurance with a limit not less than $1,000,000 per accident Such insurance shall cover liability arising out of "any Auto " Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage and cover a "covered pollution cost or expense" as provided in the 1990 or later editions of CA 00 01 Grantee waives all rights against DNR for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance (4) Workers' Compensation Insurance Grantee shall comply with all State of Washington workers' compensation statutes and regulations Workers' compensation coverage shall be provided for all employees of Grantee and employees of any subgrantee or sub- subgrantee. Coverage shall include bodily injury (including death) by accident or disease, which arises out of or in connection with the performance of this contract. Except as prohibited by law, Grantee waives all rights of subrogation against DNR for recovery of damages to the extent they are covered by workers' compensation, employer's liability, commercial general liability or commercial umbrella liability insurance 5 of 7 Agreement No IAA- 13- 252IK244 -11 -DG -015 Grantee shall indemnify DNR for all claims arising out of Grantee's, its subgrantee's, or sub- subgrantee's failure to comply with any State of Washington workers' compensation laws where DNR incurs fines or is required by law to provide benefits to or obtain coverage for such employees. Indemnity shall include all fines, payment of benefits to Grantee or subgrantee employees, or their heirs or legal representatives, and the cost of effectmg coverage on behalf of such employees Any amount owed to DNR by Grantee pursuant to the indemnity may be deducted from any payments owed by DNR to Grantee for performance of this Contract. (5) To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless DNR, its officials, agents and employees, from and against all claims arising out of or resulting from the performance of the Agreement "Claim" as used in this agreement means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom Grantee's obligation to mdemnify, defend, and hold harmless Includes any claim by Grantee's agents, employees, representatives, or any subgrantee or Its employees. Grantee expressly agrees to Indemnify, defend, and hold harmless DNR for any claim arising out of or Incident to Grantee's or any subgrantee's performances or failure to perform the Agreement Grantee's obligation to indemnify, defend, and hold harmless DNR shall not be eliminated or reduced by any actual or alleged concurrent negligence of DNR or its agents, agencies, employees and officials Grantee waives Its immunity under Title 51 RCW to the extent it is required to Indemnify, defend and hold harmless DNR and its agencies, officials, agents or employees 17.01 Complete Agreement in Writing. This Agreement contains all the terms and conditions agreed upon by the parties No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties 18.01 Contract Management. The Project Coordinator for each of the parties shall be the contact person for this agreement All communications and billings will be sent to the project coordinator 6 of 7 Agreement No [A4- 13- 252/K244 -11 -DG -015 19.01 Project Coordinators. (1) The Project Coordinator for the Grantee is Wyn Birkenthal Telephone Number 360- 473 -5752 (2) The Project Manager for DNR is Sarah Foster. Telephone Number 360 -902 -1704 IN WITNESS WHEREOF, the parties have executed this Agreement. Grantee Dated 9 20 By Title Address Phone DUNS # STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated , 20_ By Albert .Kassel Title Division Manager Address. 1111 Washington St SE Olympia, WA 98504 -7037 Interagency Agreement Approved as to Form 9/29/97 By the Assistant Attorney General State of Washington 7 of 7 Agreement No 1AA -13- 252 /K244 -t1-DG -015 Attachment A 2013 Community Forestry Assistance Grant Proposal APPLICATION FORS Project name (five words or less) Evergreen Park Demonstration Tree Planting `Cno Location (City) Bremerton Tree City USA 51 Y ❑ N Name of Applicant (Organization) City of Bremerton Parks & Rec. Dept. Daytime Phone # 360 -473 -5752 Applicant's Federal I D Number 91 -600 - 1231 Address of Applicant 680 Lebo Blvd. city Bremerton State WA Zip 98310 Contact Person Wyn Blrkenthal ' Daytime Phone # (if different from above) Fax # 360- 473 -5882 E-mail Address wyn birkenthal @a bremerton wa us Brief Description of Project and Objective Bremerton will use this grant to plant approximately 70 native trees along the Evergreen Park shoreline and in the main parking area, which is currently an unbroken sheet of asphalt Along with educational signage, the project will demonstrate how trees are critical to the restoration of Puget Sound by reducing unfiltered storm water runoff and increasing shoreline habitat Is this project currently funded through another entity? ❑ Yes ® No Was this project previously funded through another entity? ❑ Yes ® No DNR funds requested from budget work sheet $ 10,000 Applicant share provided from budget work sheet $ 36,300 In -kind share from budget work sheet $ Cash donations from budget work sheet $ Total amount of project from budget work sheet $ 46,300 By signing this grant proposal application form the undersigned agrees that all information is accurate to the best of their knowledge W Birkenthal, Director of Parks and Recreation 12712 Name and Title of Authorized Representative Date =�z - �Iz C_ Signature of Authorize epresentative Date Washington State Department of Natural Resources - Community Forestry Assistance Grant 12 Evergreen Park Demonstration free Planting Project Providing Shoreline Enhancement for Puget Sound Commitment Bremerton has received a Tree City designation during each of the past 13 years. The city's urban forest and 22 miles of Puget Sound shoreline are its most important natural assets and their enhancement and protection is reflected in the city's Comprehensive Plan and the Park and Open Space Plan The Parks Department has completed several Urban Forestry projects, including an Urban Tree Master Plan funded by the Department of [natural Resources Community Forestry Assistance Program in 1997 Following the development of the Urban Tree Plan the city adopted a Municipal Tree Ordinance This ordinance contains best practices for tree planting, pruning, maintenance, species selection and criteria for removing hazardous'trees It also calls for developers to establish protective fencing during construction activities and prohibits the removal, topping or pruning of public trees for the purpose of view enhancement In August 2009, Bremerton's City Council adopted the Kitsap Low Impact Development Guidance Manual and uses it as a guiding standard for carrying out park and public works projects using Low Impact Development (LID) practices Tree planting to increase bio- filtration of storm water is integral to the LID improvements and has contributed to expansion of the urban forest within the city The Parks Department is committed to preserving the health of trees in the park system and regularly involves the citizens in volunteer efforts to plant trees and to remove invasive species such as English Ivy that are detrimental to the health of trees located within the city's 31 parks Annual Arbor Day celebrations are organized by the Parks Department to involve elementary school children in tree planting and provide educational programming on the importance of urban trees in the environment Most recently the Parks Department redeveloped Lions Park and in the process removed over 2 acres of paved parking from the shoreline replacing it with native trees and vegetation and pedestrian amenities The project improved habitat values and water quality while adding trees to the city's urban forest The tree planting portion of the Lions Park renovation was funded through a Community Assistance Forestry Grant Planning Planning for the Evergreen Park Tree Planting began with the 2007 adoption of Bremerton's Park and Open Space Plan The Plan contains a capital recommendation calling for a reduction in unfiltered storm water entering Puget Sound from the Evergreen Park Demonstration Tree Planting Project Page 1 Water Conservation Program Commissioners have expressed a strong ethos that City parks should be environmentally friendly and there is recognition that Evergreen Park needs additional work toward this end Bremerton Beyond Accessible Playgrounds, a grass roots citizen group that has raised nearly $300,000 to construct a playground in Evergreen Park that accommodates all children regardless of physical ability The reconfigured parking lot with tree planting islands will contain additional handicapped car and van spaces in addition to adding aesthetic value to a park the group has invested heavily in improving Sustainable Bremerton, an organization dedicated to improving Bremerton's environment supports the project because of its projected positive impacts to Puget Sound water quality Local business establishments adjacent to Evergreen Park support the project for both aesthetic and environmental reasons Port of Bremerton also supports the project The Port partnered with the City to construct the Evergreen Park boat launch and is very conscious of the facilities water quality effects. Each of the support groups have expressed a desire to assist with the planting and staking of the demonstration trees and will provide advertising for the project's completion celebration in their respective newsletters and bulletins Education signage demonstrating the benefits of tree planting funded by this project will further increase the site's educational, environmental and recreational value to the large number of people who use Evergreen Park Impacts The benefits of the Evergreen Park Demonstration Tree Planting Protect include. • Improved Puget Sound water quality by reducing unfiltered stormwater runoff currently entering Puget Sound through planting trees in a 1 -acre asphalt parking lot and boat launch area to intercept rainfall and to eliminate erosion along the shoreline • Increased shoreline habitat values by planting native trees along 2000 linear feet of Puget Sound shoreline providing food, shade and shelter for insects, fish, birds, and other wildlife • Reduced urban heat island effect in the parking lot by shading paved areas and lowering air temperatures Evergreen Park Demonstration Tree Planting Project Page 3 Colette Berna, Park Development Planner, will serve as Project Manager, Lead Designer and Construction Oversight on the project As a Registered Landscape Architect, Ms Berna contributes design, technical, project management and construction administration experience gained from a broad range of public and private projects for over a decade in the Pacific Northwest Kevin McFarland, Certified Arbonst with Sound Urban Forestry, will provide technical oversight during tree delivery, planting, and post- project inspection Tom Cressman, Park Maintenance Manager, will assist in Construction Management and provide Record Keeping and Facility Maintenance oversight upon the project's completion Mr Cressman's 15 years of experience with Bremerton Parks & Recreation have included a range of successful projects The labor required for this project will be provided primarily by Parks Crew using rented backhoe equipment and volunteers The Parks Department regularly engages community volunteer groups and service clubs to assist in planting work parties Trees will be watered by an upgraded automatic irrigation system and will be maintained by the Parks & Recreation Maintenance Staff during daily patrols funded by the City of Bremerton's general fund Other The Evergreen Park Demonstration Tree Planting Protect includes an innovative green parking retrofit design that not only transforms an unsightly 1 -acre parking lot void of natural vegetation into an LID parking lot that will reduce stormwater runoff, but also increases parking spaces with a more efficient diagonal parking layout The current parking lot at Evergreen Park was designed in the mid 80's with large cross- hatched areas to delineate circulation around the boat launch parking areas These cross- hatched areas are needless paving and will be converted to landscaped islands used as bioretention areas to slow and treat stormwater runoff coming off the parking lot before entering Puget Sound In addition, a row of parking will be reoriented from parallel to diagonal which will provide a much needed increase to the number of parking stalls by 10 including 2 additional designated handicapped accessible spaces As a result, the parking lot improvements will increase net parking spaces available without expanding the asphalt footprint of the existing parking area while also filtering stormwater runoff before entering Puget Sound Evergreen Park Demonstration Tree Planting Project Page 5 Attachment B BUDGET WORKSHEET Applicant Bremerton Parks and Recreation Department Project Name Evergreen Park Demonstration Tree Planting Pro►ect ITEM Grant Share Applicant In -Kind TOTAL Large Evergreen Trees, (20) 11' -13' Ht @ $140 /each $2,800 $2,800 Large Deciduous Trees, (35) 2 5° cal @ $160 /each $5,600 $5,600 Small Multi -stem Trees, (16) T -8' Ht @ $100 /each $1,600 $1,600 Certified Arbonst, 10 hrs @ $750 $750 $75 /hr Demonstration Tree Planting $800 $800 Educational Signage Demolish approx 4000 SF Asphalt Paving and Dispose $4,500 $4,500 Offsite Install 580 LF of Poured in Place Vertical Curb for $13,000 $13,000 Planters with Stormwater Inlets Topsoil and Soil Amendments $5,000 $5,000 200 CY @ $25 /CY Bark Mulch, 3" depth, 75 CY $2,250 $2,250 @ $30 /CY Upgrades to Existing $5 $5,000 Automatic Irrigation System Pavement repair surrounding new Stormwater Planters and $5,000 $5,000 for Irrigation Sleeving TOTAL $10,000 $36,300 $46, 300 Attachment C MINIMUM FEDERAL PROVISIONS The Sub - recipient shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this agreement "Sub - recipient" means the agency, firm, provider, organization, individual, or other entity performing services under this Agreement and shall include all employees of the Sub - recipient The following list identifies specific federal provisions that may apply to the Sub - recipient under this Agreement but does not identify all such provisions. 1. Cost Principles. By accepting Federal assistance, the Sub - recipient agrees to abide by the applicable Office of Management and Budget (OMB) Circulars in in the expenditure of federal funds and performance under this program Below are the applicable Circulars. OMB Circular A -87 — Cost Principles for State, Local and Indian Tribal Governments (2 Code of Federal Regulations (CFR) part 225) OMB Circular A -122 — Cost Principles for Non -Profit Organizations (2 CFR part 230) 2. Administrative Requirements. OMB Circular A -102 — Grants and Cooperative Agreements with State and Local Governments (7 CFR 3015, 7 CFR 3016, 2 CFR 225) OMB Circular A -110 — Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations (2 CFR part 215) 3. Audit Requirements. OMB Circular A -133 — Audits of States, Local Governments, and Non -Profit Organizations Only non - federal entities that expend $500,000 or more federal awards in a year are required to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996, as amended, OMB Circular A -133. Sub — recipients expending less than $500,000 in a year are exempt from federal audit requirements but must make records available for review or audit by federal agencies or DNR (7 CFR part 3025). 4. Executive Compensation Sub - recipients must report the names and total compensation of each of the Sub - recipient's five most highly compensated executives for the Sub - recipient's preceding completed fiscal year to DNR by the end of the month following the month of the effective date of this Agreement, if. In the Sub - recipient's preceding fiscal year, the Sub - recipient received- i ) 80 percent of more of its annual gross revenues from Federal procurement contracts (and sub - contracts) and federal financial assistance subject to the Transparency Act, as defined a 2 CFR § 170 320 (and sub - awards); and u ) $25,000,000 or more in annual gross revenues from federal procurement contracts (and sub - contracts) and federal financial assistance subject to the Transparency Act, (and sub - awards); and in ) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U S.0 §§ 78m(a) 78o(d)) or section 6104 of the Internal Revenue Code of 1986. 5. Trafficking in Persons. The following prohibition statement applies to Sub - recipient, and all Sub - awardees of the Sub - recipient. Sub - recipient must include this statement in all sub - awards made to any private entity under this agreement YOU AS THE SUB - RECIPIENT, YOUR EMPLOYEES, SUB- AWARDEES UNDER THIS AWARD, AND SUB - AWARDEES' EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF 'TIME THAT TIIE AGREEMENT IS IN EFFECT, PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME THAT THE AGREEMENT IS IN EFFECT, OR USE FORCED LABOR IN THE PERFORMANCE OF THE AGREEMENT OR THE SUB - AWARDS UNDER THIS AGREEMENT SUB - RECIPIENT MUST INCLUDE THE ABOVE REQUIREMENTS IN ANY SUB -AWARD UNDER THIS AGREEMENT 6. Eligible Workers. Sub - recipient shall ensure that all employees complete the I -9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC § 1324a). Sub - recipient shall comply with regulations regarding certification and retention of the completed forms These requirements also apply to any sub -award under this agreement 7. DUNS and CCR Requirements. Unless otherwise exempted from this requirement under 2 C F R § 25.110, Sub - recipient must maintain the currency of its information in the Central Contractor Registration (CCR) until submission of its final financial report required under this Agreement or Sub - recipient receives final payment, whichever is later Sub - recipient may not make a sub -award to any entity unless the entity has provided its Dun and Bradstreet Data Universal Numbering System (DUNS) number to Sub - recipient 8. Debarment and Suspension. Sub - recipient certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency Sub - recipient shall immediately mform the Federal funding agency and DNR if they or any of its principals become excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should Sub - recipient or any of its principles receive a transmittal letter or other official federal notice of debarment or suspension they shall notify the Federal funding agency and DNR without undue delay This applies whether the exclusion, debarment or suspension is voluntary or involuntary Sub - recipients are prohibited from contracting with or making sub - awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. "Covered transactions" include those procurement contracts for goods and services awarded under a non - procurement transaction (e.g, grant or cooperative agreement) that are expected to equal or exceed 525,000 or meet certain other specified criteria. 2 C.F R § 180 220 of the government -wide non - procurement debarment and suspension guidance contains those additional circumstances. All non - procurement transactions (i e., sub- awards), irrespective of award amount, are considered covered transactions When a Sub - recipient enters into a covered transaction with an entity at a lower tier, the Sub - recipient must verify that the entity is not suspended or debarred or otherwise excluded. This venfication may be accomplished by checking the Excluded Parties Last System (EPLS) maintained by the General Services Admnustration (GSA), collecting a certification from the entity, or adding a clause or condition to the covered transaction with that entity (2 C.F R § 180 300) 9. IDrup -Free Workplace. Sub - recipient agrees to make a good faith effort, on a continuing basis, to maintain a drug -free workplace as a condition for receiving this sub -award Sub - recipient shall - a) Publish a drug -free workplace statement and establish a drug -free awareness program for its employees, and b) Take actions concerning employees who are convicted of violating drug statues in the workplace. Sub - recipient shall identify all known workplaces under this Agreement and keep this information on file during the performance of this agreement 10. Non-Discrimination. During the performance of activities under this Agreement, the Sub - recipient shall comply with all federal and state non - discrimination laws, regulation and policies. In the event of the Sub - recipient's non - compliance or refusal to comply with any non - discrimination law, regulation or policy, this Agreement may be rescinded, cancelled or terminated in whole or in part, and the Sub - recipient may be declared ineligible for further agreements with DNR. In accordance with Federal law and U S Department of Agriculture /Department of Interior policy, this institution is prolbited from discriminating on the basis of race, color, national origin, sex, age or disability USDA — To file a complaint of discrimination write USDA, Director, Office of Civil Rights, Room 326 -W, Whitten Building, 1400 Independence Avenue SW, Washington, D C 20250 -9410 or call (202) 720 -5964. 10. Lobbying. Sub - recipient shall not use funds from this Agreement to pay any person for influencing or attempting,to influence 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 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, Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the Sub - recipient shall complete and submit Standard Form -LLL, Disclosure Form to Report Lobbying, in accordance with its instructions Sub - recipient shall include the above language in documents for all sub - awards under this Agreement at all tiers. 12. Other Grant Specific Requirements. Identify other grant - specific federal requirements here unless already addressed in the Agreement and number each of them sequentially Note For further information related to federal requirements that may apply to Sub - recipient under this Agreement, go to- http / /www whitehouse goy /omb /grants AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■ eveeeeeeeeeeeeveeeeveeeevevvevvvvveveeeeeeeeeeeeveeeveeeeeeveeeeevveeeeeeeeeeeeveeeeee� SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date 8/21/13 Department Financial Services Presenter Shannon Corin Phone 473 -5323 SUMMARY: Approval of the following checks and electronic fund transfers 1) Check #'s 354729 through 354920 and EFT's 13076 through 13117 in the amount of $1,784,611 35 2) Regular Payroll for the pay period ending August 15, 2013 in the amount of $699,659 57 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA px No Discussion ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve consent agenda as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 - E 7 AGENDA BILL CITY OF BREMERTON (- CITY COUNCIL SUBJECT. Minutes of Meeting — COUNCIL MEETING Date August 21, 2013 August 7, 2013 Department City Council Presenter Greg Wheeler Council President Phone (360) 473 -5280 SUMMARY Attached is a summary of the City Council Meeting ATTACHMENTS. Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A STUDY SESSION AGENDA N No Presentation Planned ❑ Full Presentation STUDY SESSION ACTION. N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, August 7, 2013 The Regular Meeting of the City Council of the City of Bremerton was called to order on Wednesday, August 7, 2013, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Adam Brockus, Leslie Daugs, and Jim McDonald Council Member Wendy Priest was absent Also present were Assistant City Attorney Mark Koontz, City Clerk Shannon Conn, Legislative Assistant Lori Smith, and Information Services Manager Kevin Matthew A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room, immediately following was the Council Meeting at 5 30 PM The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Reverend Paul Meeker of Our Saviour's Lutheran Church President Wheeler announced that the screen will be repaired soon and will not be working for tonight's meeting MAYOR'S REPORT — Mayor Patty Lent • Announced a dress shop "Purpose" would be opening on 4 th Street on Friday, August 9, • Proclaimed the Week of August 5 — 9, 2013 as "Soccer Week ", with the proclamation accepted by West Sound FC Club Administrative Director Ben Pecora who also reported on the Champion International Soccer Camp being held at Bremerton Memorial Stadium from August 5 to 9 with a group of very prestigious World Cup champions Fabio Cannavaro, Massimo Ambrosini, Massimo Oddo, and Alessandro Costacurta, • Announced the Kitsap Health District would be hosting a Free Adult Vaccination Clinic from 10 00 AM to 3 00 PM on Wednesday, August 14 at the Sheridan Park Recreation Center, • Proclaimed the Week of August 4 —10, 2013 as "National Farmers Market Week ", with the proclamation accepted by Market Manager Julia Zander (Market Manager of the Year') and Bremerton Farmers Market Board Vice - President Carolee Valentine who also provided the highlights of the Market's new programs, • Brought forward Bob Baffin to introduce this year's 3 exchange students from Kure, Japan Kanako Matsutani Mina Sasaki and Genshi Toyota and to thank the host families, • Recognized Mick Hersey for his tremendous efforts in coordinating the recent "Hometown Improvements" project at NAD Park, and • Commended Wastewater Manager Pat Coxon and his staff for receiving the City's 9 th "2012 Wastewater Treatment Plant Outstanding Performance" Award (and 8th in a row') BRIEFINGS • John Powers Executive Director, Kitsap Economic Development Alliance (KEDA) provided s summary of the KEDA 2 nd Quarter Report, and • Senator Nathan Schlicher provided an update on legislative issues PUBLIC RECOGNITION Mike Walton Kitsap Family YMCA Marketing Director, highlighted upcoming events and programs at the "Y" in Bremerton City Council Mtg Minutes Wednesday, August 7, 2013 Page 2 of 3 Kurt Wiest Executive Director for the Bremerton Housing Authority, invited the Council Members and community to attend the Bay Vista Senior Apartments Groundbreaking Ceremony on Wednesday, August 14 beginning at 2 30 PM near the intersection of Russell Road & Oyster Bay Avenue, and announced a building was recently purchased to allow the new Bremerton Housing Authority offices to relocate downtown Robert Parker invited volunteers to help paint all the curbs around schools in Bremerton on Saturday, August 17 with the time still to be announced Jeff Allen on the Board of Directors with the Kitsap Community Food Co -op provided a summary of the Board's activities for the past few months, noting he will now be providing regular reports, and also announced there are some vacant Board seats available if anyone was interested in volunteering Mike Strube Executive Director of the Bremerton Chamber of Commerce, invited the community to attend the 2013 Thunderbird Awards Ceremony that will begin at 6 00 PM on Thursday, August 15 at the Admiral Theater, and announced this year's winners, including the City's Executive Assistant to the Mayor Elaine Valencia' Jerry McDonald thanked Wyn Birkenthal for the beautiful flower baskets installed around the Bremerton Boardwalk, announced a parking webinar would be held at the Bremerton Seefilm Theater at 9 00 AM on Friday, and discussed an article about a "frog hopper bus" being used on Bainbridge Island and hoped to see something similar in Bremerton someday Paula Wildes discussed the lack of any mention of the new hotels in downtown Bremerton in advertising brochures found for tourists on the Washington State Ferries, and pointed out that a "blank" sign off of Treger Avenue would be a good place to note several of the many tourist attractions to be found in Bremerton CONSENT AGENDA 6A — Claims & Check Register Check Numbers 354492 through 354728, and EFT -13027 through EFT -13075 in the amount of $2,948,229 36, Regular Payroll for the pay period ending July 15, 2013 in the amount of $720,749 95, Retiree Payroll for the pay period ending July 31, 2013 in the amount of $56,227 27 Regular Payroll for the pay period ending July 31, 2013 in the amount of $725,021 03, and Moving Expenses for Police Chief Steven Strachan in the amount of $2,574 25 619 — Minutes of Meeting — July 17, 2013 6C — Minutes of Study Session — July 24, 2013 6D — Appointments of Colleen Smidt and Robert Parker to the "Pro" Committee, and Appointments of John Larson, Robin Henderson, and Bob Dollar to the "Con" Committee to prepare Ballot Measure Statements "for" and "against' the proposed City of Bremerton Charter Amendments 6E — Interlocal Agreement with Kitsap County Fire Chiefs Association 6F — Professional Services Agreement with Systems Design West, LLC for Ambulance Billing 6G — Purchase and Sale Agreement for property at 1116 Charleston Beach Road 6H — Purchase of Light Fixtures from Graybar for the Harborside Parking Facility 61— Interlocal Agreement with Bainbridge Island for Traffic Signal Maintenance There were no comments from the public City Council Mtg Minutes Wednesday, August 7, 2013 Page 3 of 3 06:52:05 Motion was made by Daugs, and seconded by Arends Comments from the Council were received by Daugs (thanked the volunteers for the Pro & Con Committee) and McDonald (who stated that he would abstain from this vote due to an appearance of conflict with Item 6G) 06:53:55 M /S /C (Daugs / Arends) Move to approve the CONSENT AGENDA as presented Voted in favor of Motion Daugs, Brockus, Flemister, Arends, Younger, Wofford, Wheeler Abstained McDonald Motion carried 7 -Yes, and 1- Abstention GENERAL BUSINESS — There were no General Business items COUNCIL MEMBER REPORTS Jim McDonald reported on his attendance at the Gorst Creek Watershed Advisory Committee meeting earlier this afternoon Adam Brockus announced the final two Music in Manette Free Summer Music Concerts would be from 6 30 to 8 30 PM at the Whitey Domstad Vista Park and will feature the "Bremerton Navy Jazz Band' on August 8 and "Tumbledown" on August 15 Nick Wofford was disappointed at the poor turnout of voters for the recent Primary Election, and reiterated his hope to see more people volunteer in their community Greq Wheeler looked forward to the Union Hill Neighborhood -Wide Garage Sale on Saturday, August 10 from 9 00 AM to 3 00 PM, and noted that maps would be available at the Community of Christ Church Memorial Lutheran Church EXECUTIVE SESSION — Council convened for a 10- Minute Executive Session to discuss "Potential Litigation" per RCW 42 30 110 (1) (1), and action would be taken 07:10:00 M /S /C /U (McDonald /Daugs) Move to authorize the City Attorney's Office to initiate a lawsuit to abate code violations at 806 Cherry Court, Bremerton, WA, and seek reimbursement for any costs associated with the abatement President Wheeler announced that the Transportation Benefit District (TBD) Board would be holding a regular meeting in the Meeting Chambers following a brief recess With no further business, President Wheeler adjourned the Council Meeting at 7 11 PM Pre red and Submitted by l LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg - - 1 AGENDA BILL CITY OF BREMERTON - CITY COUNCIL ■■ �������8000MM00E00E0NN0N0ffoNm8a90N0Ma00000N00MMEEEaE00000E0 000EaM00000 ff00M0zNE00EE0001 SUBJECT: Minutes of Study Session — Study Session Date August 14, 2013 COUNCIL MEETING Date August 21, 2013 Department City Council Presenter Greg Wheeler Council President Phone (360) 473 -5280 SUMMARY Attached is the summary of the City Council Meeting ATTACHMENTS Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION. ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the Consent Agenda as presented COUNCIL ACTION- ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, August 14, 2013 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, August 14, 2013, at 500 PM, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald Legislative Assistant Lori Smith was present to provide staff support President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation, and announced that approved items by Council will be placed on the August 21, 2013 Council Meeting Agenda or as indicated A NO PRESENTATION ITEMS — The following items are budgeted items or have already been reviewed by the appropriate Council Committee 1 Purchase or Lease of four (4) Parking Citation Handheld Devices Postponed to August 28 2 Purchase of an Emergency Generator for Pump Station KL -2 from Cummins Northwest LLC Consent Agenda 3 Resolution to allow the transfer of 5 -feet of City Property to Right -of -Way along Taft Avenue and 19 Street Consent Agenda 4 Award Goods & Services Agreement to Olson Brothers Pro -Vac LLC of Puyallup Consent Agenda B FULL PRESENTATION ITEMS 5 Summary of 5 -Year Audit Report and Current Status — Gary Nystul, Internal Auditor Information only 6 Award Consultant Contract to Grey & Osborne, Inc for the Design of the Lower Wheaton Way Project General Business 7 Recreation & Conservation Office (RCO) Grant Agreement for Evergreen Rotary Park Improvements (Inclusive Playground and ADA accessibility) General Business 8 Community Forestry Grant Agreement with Department of Natural Resources (DNR) for Evergreen Rotary Park Improvements (Shade and Habitat Trees) General Business C GENERAL COUNCIL BUSINESS 1 Audit Committee Briefing (8108113 Meeting) — Carol Arends, Chair 2 Public Works Committee Briefing (8/13/13 Meeting) —Adam Brockus, Chair 3 Public Safety & Parks (PSP) Committee Briefing (8114113 Meeting) — Leslie Daugs, Chair 4 Other General Council Business D ADJOURNMENT OF STUDY SESSION City Council Study Session Minutes Wednesday, August 14, 2013 Page 2 of 2 E EXEMPT CLOSED SESSION — Update on "Labor Negotiations and Proceedings" per RCW 42 30 140(4) (b) with Charlotte Belmore, Human Resources Manager, and Becky Hasart, Financial Services Director Information Only F RE- OPENED STUDY SESSION President Wheeler reopened the Study Session to inquire about a possible continued discussion f on 2014 Council Goals, but it was determined that more time would be needed by Council Members to submit their final suggestions With no further business, President Wheeler adjourned the Council Study Session for the final time at715PM Prepared and Submitted by LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT. Purchase of Emergency Study Session Date 8/14/13 Generator for Pump Station KL -2 COUNCIL MEETING Date 8/21/13 Department PW &U / WWTP Presenter Pat Coxon Phone 360- 473 -5448 SUMMARY: The current emergency generator at pump station KL -2 has been in operation since 1976, and we can no longer obtain repair parts for the electronic controls We received three proposals for the replacement of the emergency generator Cummins Northwest was the lowest responsive proposal for the supply of the new emergency generator, fuel tank and transfer switch, at a cost of $44,851 (including tax & freight) ATTACHMENTS Cummins Northwest proposal for the emergency generator FISCAL IMPACTS (Include Budgeted Amount) This purchase is budgeted through the WW Capital Budget of $85,000 for the replacement of the emergency generator at KL -2 The total purchase price for the generator, fuel tank and transfer switch is $44,851 (including tax & freight) BARS# 594 35325 STUDY SESSION AGENDA ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION* ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the purchase of an emergency generator, fuel tank and transfer switch from Cummins Northwest LLC, in the amount of $44,851 (including tax & freight) COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25113 Quotation Cummins Northwest, LLC 811 SW Grady Way Renton WA 98057-2944 United States Direct: 425-277-5346 June 26, 2013 Project Name: Bremerton WWTP Quotation: 1673000000276259 Thank you for your inquiry We are pleased to quote as follows: 15ODSGAC Genset- DieseI,60Hz,150kW 1 A331 -2 Duty Rating- Standby Power 1 L228 -2 Cert- Seismic, IBC2000, IBC2003,IBC2006,IBC2009,IBC2012 1 L090 -2 Listing -UL 2200 1 L169 -2 EmissionCert,EPA,Tier 3,NSPS Cl Stationary Emergency 1 R002 -2 Voltage- 277/480,3 Phase,Wye,4 Wire 1 B415 -2 Alternator -60 Hz, 12 Lead, Upper Broad Range, 105C 1 H700 -2 GENSET CONTROL- POWERCOMMAND 1 1 1 B184 -2 Exciter /Regulator -Pmg, 3 Phase Sensor 1 A366 -2 Engine Govemor - Electronic, Isochronous Only 1 H536 -2 Display Language - English 1 H609 -2 Control Mounting -Left Facing 1 K796 -2 Stop Switch- Emergency 1 KA08 -2 Alarm- Audible, Engine Shutdown 1 KS26 -2 RELAYS - Genset STATUS,USER CONFIGURED 12VDC 1 KS53 -2 Signals - Auxiliary, 8 Inputs /8 Outputs 1 KU93 -2 CB or EB or TB -Left Only 1 KT83 -2 CircuitBreaker- 250A ,Left,3P,600 1525V,TM,80 %,UL/IEC 1 KB73 -2 CB or EB or TB -Bottom Entry, Left 1 F179 -2 Skidbase- Housing Ready 1 C127 -2 Separator- FuelMater 1 A422 -2 Engine Starter -12 VDC Motor 1 A333 -2 Battery Charging Alternator - Normal Output 1 E125 -2 Engine Cooling -High Ambient Air Temperature 1 H389 -2 Shutdown -Low Coolant Level 1 E089 -2 Extension- Engine Coolant Drain 1 H669 -2 Engine Coolant -50% Antifreeze, 50% Water Mixture 1 F013 -2 Duct Adaptor- Radiator Outlet 1 H036 -2 Coolant Heater -120 Volt Ac, Single Phase 1 A299 -2 Exhaust Connector -NPT 1 H706 -2 Engine Oil 1 L028 -2 Genset warranty- Base, Standby 2 years 1400 hours 1 F065 -2 Rack -Battery 1 H268 -2 Extension -Oil Drain 1 0300- 5929 -02 Annunciator - (RS485) 1 OTEC260 Transfer Switch- Electronic Control,260Amp 1 A029 -7 Poles -4 1 A046 -7 Listing -UL 1008 /CSA Certification 1 A080 -7 Certification - Seismic ATS 1 A044 -7 Frequency -60 Hertz 1 A042 -7 System -3 Phase,3 Wire Or Wire 1 R026 -7 Voltage -480 Vac 1 8001 -7 Cabinet -Type 1 1 L202 -7 Auxiliary Relay - Switch In Emergency Position -12VDC 1 L203 -7 Auxiliary Relay- Switch In Normal Position -12VDC 1 M033 -7 Genset Starting Battery-12VDC 1 J030 -7 Clock - Exercise, Extemal 1 G004 -7 Transfer Switch Warranty -2 Yr Comprehensive 1 SILENCER Cntical Grade Engine Exhaust Silencer & Flex, Side In /End Out 1 O &Ms Operation and Maintenance Manuals 3 TANK Free Standing UL142 Fuel Tank, 280 Gallons 1 BATTERY Heavy Duty Starting Battery 1 CHARGER Sens 10 amp with float NFPA 110 rated 1 DELIVERY Delivery to fob -site - truck tailgate. Does not include off - loading. 1 STARTUP On -site startup and 2 hour load test 1 TRAINING Customer orientation, familiarization and training One visit. 1 Grand Total $41,251.00 NOTES - 1 THIS QUOTATION IS SUBJECT TO CUMMINS NORTHWEST, LLC STANDARD TERMS & CONDITIONS - SEE ATTACHMENT 2. REGARDING SELECTIVE COORDINATION FOR NEC ARTICLE 700 AND 701 LOADS CUMMINS GENERATORS ARE EQUIPPED WITH THE MANUFACTURERS RECOMMENDED THERMAL MAGNETIC CIRCUIT BREAKER. INFORMATION REGARDING THIS DEVICE CAN BE SUPPLIED UPON REQUEST. THIS QUOTATION IS NOT VALID IF ANY CHANGES TO THIS CIRCUIT BREAKER(S) IS REQUIRED TO COORDINATE WITH OTHER DEVICES IN THE ELECTRICAL DISTRIBUTION SYSTEM IF CHANGES ARE REQUIRED, THE CUSTOMER MUST PROVIDE A COPY OF THE COORDINATION STUDY LISTING THE MANUFACTURERS PART NUMBER OF THE DISCONNECT DEVICE TO BE SUPPLIED WITH THE GENERATOR AND A REVISED QUOTATION WILL BE ISSUED. Submitted by Jeff Delauney, , Generator Sales Jeff.Delauney @cummins.com Cummins Northwest, LLC Attachment to Quotation -Exclusions- Exhaust System. All off - englne piping, hangers, flanges, gaskets, bolts, Insulation, and other materials associated with exhaust system installation unless specifically listed in the preceding quotation Fuel System All off - engine fuel piping for supply, return, venting, valves, coolers, filters, pumps, fittings, fuel storage tank & senders, gallons fuel for testing and initial fill of fuel Cooling System. Intake louvers, exhaust louvers, air dampers, sheet metal ducting, flex adapters, sound attenuatorstbaffles All off engine piping, flexible connections, secondary loop coolant, labor to install coolant for remote cooling systems unless specifically listed in the preceding quotation Electrical All off - engine wiring, field terminations of wiring, and lugs other than those detailed in our submittal Load bank & cable provided for testing Mounting Generator mounting bolts and anchors. Vibration Isolators (if included) for the generator will be shipped loose for Installation at the jobsite by others Testing All electrical testing, including but not limited to NETA, infrared scanning, harmonic content or other independent agency testing of switchgear, switchboards, protective relays or any other electrical component unless specifically listed In the preceding quotation All environmental testing, including but not limited to EPA, local air quality district or other unless specifically listed in the preceding quotation Calculations and Engineering Services - all electrical coordination studies, arc flash studies, seismic engineering calculations and seismic anchorage calculations unless specifically Included in the preceding quotation Programming - all protective relay settings, breaker settings, PLC programming or other user configurable device programming unless specifically included In the preceding quotation Temporary load bank cable routing & connections by licensed contractor Documentation Unless stated otherwise, electronic submittals and O &M manuals will be provided Printed copies are available upon request, additional charges may apply Taxes and Permits Any applicable sales tax, permits, licenses Bonds Any bid bond, payment or performance bond, or other type of bond unless specifically listed in the proposal Cost for any required bond will be reimbursed to CNW by the buyer All items listed are excluded and will only be supplied by Cummins Northwest, LLC if agreed upon, in writing. by a sales representative for Cummins Northwest. LLC -Terms and Conditions- • This offer and quotation incorporates and is contingent upon acceptance of the terms and conditions in the standard Sales Omer of Cummins Northwest, LLC Purchase Orders or other documents with terms and conditions that are inconsistent with the CNW standard Sales Order will not be accepted unless agreed to In writing by an officer of Cummins Northwest, LLC • Prices are valid for 30 days • If included In the quotation, all on -site startup, testing and training assumes weekdays, during standard CNW business hours Additional charnes_may be added for work requested to be done on overtime, weekends, and holidays. • F O B factory, freight allowed to first destination. off- loading is not Included • Factory direct shipments require credit approval prior to shipment • Terms are C O D , or 30 days upon approval of credit • Equipment held for longer than 30 days may be charged a monthly storage fee • Cancellation charges are 25% minimum after release of order 120204 rev 12/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ ���������������������E000000E000MMM00N00NNN0E000M0aaNN000MNX000EE00EN0N0000E00EK0NNNNI SUBJECT Resolution No 3201 to allow Study Session Date 8/14/13 transfer of 5 -feet of City Property to Right of COUNCIL MEETING Date 8/21/13 Way along Taft Avenue and 19 Street Department PW & U — Engineering Presenter Chal Martin Phone 360- 473 -5920 SUMMARY As part of the storm water improvements and future recreational uses of the Anderson Cove property, the City's construction project requires the relocation of several utility poles and construction of sidewalks along Taft Avenue and 19 Street These features of the project are more appropriately frontage improvements and should be constructed in street right of way There is insufficient space for these improvements in the current right of way and an additional five (5) feet needs to be dedicated from the City property ATTACHMENTS 1 ) Resolution No 3201 2 ) Exhibit FISCAL IMPACTS (Include Budgeted Amount) None STUDY SESSION AGENDA px No Presentation ❑ Full Presentation STUDY SESSION ACTION px Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No 3201 to allow transfer of City Property to Right of Way along Taft Avenue and 19 Street designating the additional five feet along the property frontage as right of way COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25113 Filed for Record at Request of When Recorded Return to City of Bremerton City Clerk 345 Sixth Street, Suite 600 Bremerton, WA 98337 Document Title Resolution Project Name Transfer city owned property to the right -of -way for City street system Developer Name City of Bremerton Location Taft Avenue and 19' Street Tax Parcel # 112401 -3- 076 -2007 and 112401 -3- 091 -2008 Abbreviated Legal Description Portion of Government Lot 6, (SW ' / 4, SW ' / 4), Section 11, Township 24 N, Range 1 E, W M, situate to Kitsap County, Washington RESOLUTION NO 3201 WHEREAS, the City of Bremerton owns property at the northeast corner of 19 Street and Taft Avenue, and WHEREAS, the City of Bremerton Department of Public Works and Utilities will be improving the property for storm water and recreational uses, and WHEREAS, in order to make these improvements, additional property for right of way is needed BE IT RESOLVED BY THE BREMERTON CITY COUNCIL, that the following described City of Bremerton property be designated as part of the right -of -way of the City of Bremerton road system The west five (5) feet and the south five feet of the following described parcels PARCEL I PART OF GOVERNMENT LOT 6, SECTION 11, TOWNSHIP 24 NORTH, RANGE 1 EAST, W M IN KITSAP COUNTY WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING 753 40 FEET EAST AND 30 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 11, THENCE NORTH 100 FEET, THENCE EAST TO MEANDER LINE, THENCE SOUTH ALONG SAID MEANDER LINE TO A POINT DUE EAST OF THE POINT OF BEGINNING, THENCE WEST TO THE POINT OF BEGINNING EXCEPT THE EAST 60 FEET THEREOF PARCEL II THE EAST 60 FEET OF THAT PART OF GOVERNMENT LOT 6, SECTION 11 DESCRIBED AS FOLLOWS BEGINNING 753 40 FEET EAST AND 30 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 11, THENCE NORTH 100 FEET, THENCE EAST TO THE MEANDER LINE, THENCE SOUTH ALONG SAID MEANDER LINE TO A POINT DUE EAST OF THE POINT OF BEGINNING, THENCE WEST TO THE POINT OF BEGINNING PASSED by City Council of the City of Bremerton this day of , 2013 GREG WHEELER, Council President APPROVED this day of , 2013 PATTY LENT, Mayor ATTEST SHANNON CORIN, City Clerk Approved as to form ROGER LUBOVICH, City Attorney LAJ T7 5' R.O.W. DEDICATIQN _ 1 r 9 TH S TREE EXHIBIT FOR COUNCIL `"ANDERSON COVE RIGHT OF WAY TRANSFER° SCALE _ 1• =50° AGENDA BILL 1 CITY OF BREMERTON CITY COUNCIL SUBJECT: Award Goods & Services Study Session Date 8/14/13 Agreement to Olson Brothers Pro -Vac LLC COUNCIL MEETING Date 8/21/13 of Puyallup Department PW &U Presenter Martin & Hamilton Phone 473 -5758 SUMMARY. Sewer manholes located on the shoreline are covered most of the time with saltwater These are critical components to the sewer system and are hard to maintain because of the inability to access them due to the changing tide levels The sealing of these manholes will eliminate saltwater infiltration and will slow the deterioration of the manhole structures Epoxy products will not work in this environment, the only product that will work in this application is Strong Seal which is a calcium aluminate Olson Brothers Pro -Vac LLC located in Puyallup, WA are the only contactors in the state to apply this product, they are on the State Bid List and Small Works Roster The cost submitted by Pro -Vac is $25,000 + tax = $27,150 Contractor was authorized to proceed with the repair before Council approval, the project was completed during the low tides for access to the manholes with a reduction of 50 to 60 per cent of inflow of saltwater infiltration after completion of the maintenance project ATTACHMENTS 1) Agreement 2) Invoice & Specifications FISCAL IMPACTS (Include Budgeted Amount) Included in the 2013 Wastewater Capital budget listed as Saltwater Infiltration Elimination for $75,000 STUDY SESSION AGENDA N No Presentation ❑ Full Presentation STUDY SESSION ACTION. px Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to ratify the Pro -Vac goods and services agreement COUNCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 6622112th St E i Puyallup, WA98373 (888) 565.5665 I Fwc (253) 435 -SM I www.pro-vac.com 3/8/13 Pat Jacobsen City of Bremerton C- 360.473 -5327 100 Oyster bay Ave. N 0- 360 -5920 Bremerton Wa. 98312. pL acobsen@cs bremertom Pre3ni101 rfm holes then coat them with strong seal Job Londondine on th beach from the oumohouse SCOPE OF WORK: • Labor & equipment to prep & coat 10 manholes ApprcaL 56 vertical feet : $25, 000.00 (average $2500.00 per manhole) • Because the job is tide Influenced we will prep then coat .Schedule according to tides. • Cliaet to Legal access to site Mutually agreed upon schedule. City crews to seal manholes after prep work & when coating Is finished. Water EsdmaW Price $25,000.00 please rate that the aboere estbnes 1 does act buhrde sab• tK taa on aaterieh„ ors P R We propose to fumish all materials and labor to perform work upon designated areas. Pro-Vac Clean Service will notify the customer of any problems or change of conditions. Disposal of waste will be In accordance with all state regulation; and any additional work hound during the course of cleaning and Inspection, will be forwarded upon another proposal Other services we provide: • Parkin$ lot/street sweepkhg 0 Pipe camera / grouting & repairs • Storm drain nab fine deaM 4611aft • 6n l *M response • Catch basin cleaning &repair • Tank cleaning / confined space entry If you have any questions or need additional information, please don't hesitate to call me at (2S3) 4354328. Sincerely, Bank CdWV Pro-Vac Cell (206)510495 ( hankfpro- vaceom Custoares agrees to pay all the coals and fees drer®ed for ehe seMces ntndened as seated on lids pr mpg L lire teens are Net 30 days opmr approa! of ae ft i S% on unpaid bdtanoe arooft. K colladw servioes are rem Sol* b the pp ' of pro van to cc9M the deK r sires ter pay rye stows Oar aotkCton hiduding ano may fees and costs and any aoOeWOn ago 1 - fees, a hrgl action Is repked Me paNes agree that the venue of the adlmr wig be plwce County Supedw CouM some of WashbrMon. It Is Wrdrer agreed Mat any soaouab past due wM be assessed at late fees of 13% per eandt, aamdsdm CuaMW Signature Print Name Date 6622112th St E I Puyallup, WA9073 (888) 56S-560 f Fax: (253) 435 -5788 I www.poo w" m Pro-Vac Sfg wUn Pdnt Tame pate PAdng b good for 9odays free date of proposal , Pro-Vac Invoice 8822112th St E Puyaup, WA 98373 Invoke Number. 130524 -W7 Phone (8B8) Involoe Dabs: 7/312013 Page. 1 of 1 BM To 006554 Senate 018790 Cdy of Bremerton Low= Cdy of BMTOW 100 Oyster Bay Ave N j4 L8eedr )r Bremerton, WA 98312 Eke nerbn, WA Work Order m 1 Complete Date PO Number i Terms Caged In By 1305247 1 X013 I I Net 30 Days Descrindon of Work Prep and coat 10 manholes per c:ontrard unit Qty Poem ID Deeanption Dabs Pnoe Doc % Amount Services Perfonnod 100 GT Prep 8 Coat 10 manholes 25,00000 25,000 00 SubToUd 25,00000 � Sg3 ° ° Sew' �, ... a.•�s We now offer Emwgency W Response Semen' Please coq bwmn SU' 141 888 - 585.5885 Sales Tau 2,150.00 imrowe Told 2f 00 Payment Recenred an Balance Dw 27,150.0 B c5trong=Seal ���O MS2-CO LINER SP CIFICATIONS: for STRUCTURAL REPAIR AND SEALING OF MANHOLES D T W To provide a system for reconstruction of concrete or masonry structures that stops inflow, infiltration, exfiltmtton, restores structural integrity and provides protection for structures subject to mild hydrogen sulfide corrosion 1.0 GENERAL 1.1 This specification shall govern all work, materials, and equipment re- quired for substrate rehabilitation for the purpose of eliminating infiltration, repair of voids, and restoration of the structural integrity of the substrate as a re- sult of applying a monolithic fiber - reinforced structural cementitious liner to the wall and bench surfaces of brick, concrete, or any other masonry construc- tion material. 1.2 Described are procedures for cleaning, preparation, application and testing The applicator, approved and trained by the manufacturer, shall furnish all labor, equipment and materials for applying a cementitious mix to form a structural monolithic liner of a minimum 1/2 inch thickness, with machinery specially designed for the application. All aspects of the installations shall be in accordance with the manufacturer's recommendation and per the follow- ing specifications which includes: A. The removal of any loose and unsound material B. Cleaning of the area to be sprayed C. The elimination of active infiltration prior to liner application D The repair and filling of voids E The repair and sealing of the invert and benches F Spray application of a cementitious mix to form a structural monolithic Inner 2.0 MATERIALS 2.1 PATCHING MATERIAL (Strong -Seal® QSR): Strong -Seal® QSR, a quick setting fiber reinforced calcium aluminate corrosion resistant cementitious material, shall be used as a patching material and is to be mixed and applied according to manufacturer's recommendations and shall have the following minimum requirements: MS:! -C Specifications 2 -15-10 doc - 1 Strong -Seal® QSR Minimum Requirements Compressive Strength ASTM C109 >800 psi, l br. >1800psi, 24hrs Bond ASTM C882 >1600 0, 29 days Calcium Aluminate Cement Sulfate resistan Applied Density 105 lbs pcf 15 lbs Shrinkage ASTM C596 0% at 90% R.H. Placement Tune 15 to 10 minutes Set Time 115 to 30 minutes 2.2 INFILTRATION CONTROL MATERIAL (Strong -Seal® Strong PlugO): Strong - Plug®, a rapid setting cementitious product specifically formulated for leak control, shall be used to stop minor water infiltration and shall be mixed and applied according to manufacturer's recommendations and shall have the following minimum requirements: Strong -Seal® Strong -Plug® 'Minimum Requirements Compressive Strength ASTM C109 >1000 psi,lhr >2500 psi, 24 hrs. Sulfate Resistance ASTM C267 No weight loss after 15 cycles Q 2000 ppm Freenrl'haw ASTM C666 "Method A" 100 cycles Pull Out Strength ASTM C234 14 000 lbs. Set Time <1.0 minute 2.3 GROUTING MATERIAL 2.3.1 Strong -Seal® Grout 250, a cementitious grout, shall be used for stopping very active infiltration and filling voids and shall be mixed and applied according to manufacturer's recommendations. The cementi- tious grout shall be volume stable, and have a minimum 28 day com- pressive strength of 250 psi. 2.3.2 Strong -Seal* Grout 1000, a cementitious grout, shall be used for the same application as Grout 250, but is designed for special soil conditions, and shall be used per manufacturer's recommendations. The cementitious MS2-c Spairntwo 2-1540 doe -2- grout shall be volume stable and have a minimum 28 day compressive strength of 1000 psi. 2.3.3 Chemical grouts may be used for stopping very active infiltration and shall be mixed and applied per manufacturer's recommendation. 2.4 STRONG -SEAL® MS2 -C4D LINER MATERIAL: Strong -Seal® MS2-CO cementitious liner product shall be used to form a structural monolithic liner covering all interior substrate surfaces and shall have the following minimum requirements: MS2-C® Compressive Strength ASTM C109 28 days tie 00 psi Tensile Strength ASTM C496 28 days 0 psi Flexural Strength ASTM C293 28 days 00 psi Shrinkage 890 R.H. ASTM C596 28 days Bond ASTM C882 28 days >2000 psi Density, When applied - 134 f 51bs/ft3 Frena%aw ASTM C666 N/A 100 cycles no [v isible dama 2.4.1 Strong -Seal® MS2-C40 shall be made with calcium aluminate ce- ment and shall be used according to manufacturer's recommenda- tions in applications where there is evidence of mild sulfide conditions (substrate surface of pH 2.0 or higher). Strong -Seal® MS2-O® product or approved equal shall be factory blended requiring only the addition of water at the }obsite. The bag weight shall be 63-67 pounds. The contents shall have a dry bulk density of 82 -85 pounds per cubic foot. When mixed with manufacturer's recommended amount of water it shall have a wet nozzle density in the range of 129 -139 pounds per cubic foot and shall have a typical yield of .57 cubic feet per bag. 2.4.2 Strong -Seal® products shall be reinforced with alkaline resistant fiberglass rods not less than K inch in length. 2.4.3 The material shall meet or exceed industry standards and shall not have any basic ingredient that exceeds EPA maximum allowable limits for any heavy metal. MS2-C 5pecif" tons 2-154O Am -3- 2.5 WATER Water used to mix product shall be clean and free from contaminants. Questionable water shall be tested by a laboratory per ASTM C-94 proce- dure. Potable water need not be tested. 2.6 OTHER MATERIALS No other material shall be used with the mixes de= 1W in 2.1, 2.2, and 2.3 without prior approval or recommendation from Strong Seal® Systems. 3.0 EQUIPMENT 3.1 Applicator must use approved equipment designed and manufactured by material supplier specifically for the application of cementitious liner in sanitary systems. 3.2 Specially designed machines consisting of a progressive cavity pump and an air system for low velocity spray application of product, shall be used for ap- plying Strong -Seal* Systems products. Equipment is complete with water storage and metering system. SprayMate® models 35C, 35D and Minimate II are approved machines for applying Strong -Seal® Systems products. Other models may be approved after review by Strong -Seal® personnel. 4.0 APPLICATION 4.1 PREPARATION 4.1.1 Place covers over invert to prevent extraneous material from entering the sewer lutes before cleaning. 4.I.2 All foreign material shall be removed from the manhole wall and bench using a high pressure water spray (minimum 3000 psi). If grease, chemicals, previous coatings or other surface contaminants are present, the surface will be cleaned with steam, chemical cleaning com- pounds or surface abrading as necessary to provide a clean substrate. Loose and protruding brick, mortar, and concrete shall be removed using a mason's hamuner and chisel and/or scraper. Fill any large voids with a quick setting patching mix Strong-Seal® QSR (2.1). 4.1.3 Active leaks shall be stopped using quick setting, specially formulated mixes, such as Strong Plug® (22) according to manufacturer's recom- mendations. Some leaks may require weep holes to localize the in- filtration during the application. After application the wasp holes shall be plugged with the quick setting material Strong -Seal® Strong - Plug® (Part2.2) prior to final coat. When severe infiltration exists, drilling may be required in order to pressure grout using a cementi- tious grout, Strong -Seal® Grout 250 or Strong -Seal® Grout 1000 MS2-C SpectflcW w 2.13 -10Aoc .4— 4.4.2 A brush finish shall be applied to the trowel finished surface. Manufacturer's recommendations shall be followed whenever more than 24 hours have elapsed between applications. 4.5 BENCH APPLICATION 4.5.1 The wooden covers shall be removed at this time and the bench sprayed with materials mixed per specifications as per 4.3 and spray applied in such a manner that a gradual slope is produced from the walls to the invert with the thickness at the invert to be no less than 1R inch The wall/bench intersection shall be rounded to a uniform radius the full circumference of the intersection. 5.0 CURING Caution will be taken to minimize exposure of applied product to quick surface drying and air movement. If time between applications of additional coats is to be longer than 15 minutes, place cover over manhole. In extremely hot and and climates, man- hole should be shaded while reconstruction is in process and a concrete during agent should be used Contact manufacturer for curing compound recommendations. 5.1.1 Strong -Sea]® MS2-C® liner product shall have the following minimwn cure times before being subjected to flow: Hold Times Before Releasing Flow g t Sumba= 4 hrs. Force Main Im ct 6 hrs. Hold Times Before Allowine Traffic After final application of the Strong -Seal® liner product, street traffic shall be held 12 hrs. 6.0 WEATHER 6.1 No application shall be made if ambient temperature is below 40 degrees Fahrenheit. No application shall be made to frozen surfaces or if freezing is expected to occur within the substrate within 24 hours after application. 6.2 Precautions shall be taken to keep the mix temperatures at time of applica- tion below 90 degrees Fahrenheit. Water temperature shall not exceed 80 de- grees Fahrenheit. Chill with ice if necessary. 7.0 PRODUCT TESTING Four (4) - two inch cubes shall be cast each day or from every pallet of product used, and shall be properly packaged, labeled and returned to manufacturer for testing in MS2-C Spec rtmtom 2- I5 -10Aw -6- i AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ 0Ma0 0 a0 0 0 0 0 a0 0 0 0 aaa0 a0 0 0 aaaa0 aaa0 0 0 0 0 0 a0 e0 0 0 0 0 0 0 s0 0 0 0 aa0 0 0 0 0 0 0 0 0 a0 0 aa0 a0 0 0 0 a0 0 a0 0 0 a0 aI SUBJECT Consultant Contract Award for Study Session Date 8/14/13 Design of the Lower Wheaton Way Project COUNCIL MEETING Date 8/21/13 to Grey & Osborne, Inc Department PW & U Presenter Chal Martin Phone 360- 473 -5758 SUMMARY: The City received funding from the Transportation Improvement Board (TIB) to make bicycle and pedestrian improvements on Lower Wheaton Way from the Manette Bridge to Lebo Boulevard The project includes revising the current roadway section from the current 18 -foot drive lanes and sporatic sidewalk, to 12 -foot drive lanes with 5 -foot bike lanes, landscaping, stormwater, sanitary and water main improvements, and a continuous sidewalk on the waterside which will continue the bridge -to- bridge urban trail The City requested proposals from five consultants, of which three interviewed and Grey & Osborne was selected as the designer ATTACHMENTS 1) Summary 2) Agreement FISCAL IMPACTS (Include Budgeted Amount) This project is grant funded with a 20% City match for the street improvements, and the respective City utilities reimbursing for their portion of the work STUDY SESSION AGENDA ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda Z General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the consultant contract with Grey & Osborne, Inc for the design of the Lower Wheaton Way Project 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 Form Updated 01/25/13 LOWER WHEATON WAY COUNCIL SUMMARY Contract Summary In 2010, the City received a $1,368,084 grant from the Transportation Improvement Board (TIB) to construct pedestrian and bicycle improvements on Lower Wheaton Way from the new round -about at the east end of the Manette Bridge to Lebo Blvd The grant scope includes overlay of the roadway, installation of curb and gutter on both sides, and sidewalks on the water /west side The new sidewalk will typically be 10 -Oft wide, and will construct most of the east Bremerton portion of the bridge to bridge trail In some locations where it isn't practical or possible to install the 10 -ft sidewalk, 5 -ft minimum width sidewalks will be constructed on both sides of the roadway In evaluating the utilities along the project route, staff determined it is in the best interest of the City to replace portions of the existing water mains, along with some existing sanitary sewer and stormwater mains In addition, a portion of the new stormwater conveyance from the East Park Development to the outfall in the Port Washington Narrows will be evaluated and installed The work additionally includes an evaluation of repair or replacement options for the Schley Canyon Culvert The consultant scope of work includes design of the street and watermain improvements, and an evaluation of the best location to discharge stormwater from the Eastpark Development The evaluation will consider the existing outfall condition, will design the new outfall, and determine repair options for the Schley Canyon culvert Fiscal Summary The total project budget for the streetscape improvements per the TIB Grant is $1,710,135, the grant funds the project at 80% The grant funds are identified at $95,272 for design and $1,272,812 for construction Budgets and costs are as follows FUND PROJECT SPENT TO REMAINING CONSULTANT BUDGET DATE BUDGET CONTRACT Lower Wheaton $1,710,135 (1) $28,369 $1,681,766 $95,090 Way Fund (Street Improvements Stormwater Fund $900,000 (2) $0 $900,000 $71,140 (East Park Storm - water Outfall & Schley Canyon Culvert Wastewater Fund $10,000(3) $0 $10,000 $6,515 (Sewer Main Replacement Water Fund $100,000 (4) $0 $100,000 $14,735 (Water Main Replacement TOTAL $2,720,135 $28,369 $2,691,766 $187,480 Notes 1) Total project budget per the TIB Grant is shown 2) The East Park Stormwater Outfall project includes construction in Wheaton Way, therefore a portion of the project will be constructed with the Lower Wheaton Way construction project In addition design options for the replacement of the Schley Canyon Culvert (emergent issue) will also be completed 3) Budget for sanitary sewers in the project area is in the Substandard Main budget line item 4) Budget for the water mains to be replaced is in the Substandard Main budget line item City of Bremerton Page 1 of 1 Lower Wheaton Way Transportation Improvement Board (TIB) Consultant Agreement TIB PROJECT NUMBER PROJECT PHASE (check one) ® Design ❑ Construction 8 -2- 152(025) -1 PROJECT TITLE & WORK DESCRIPTION Lower Wheaton Way (Manette Bridge to Lebo Boulevard) Preliminary and final design (PS &E), as well as, geotechnical, environmental (SEPA), and bid and award services CONSULTANT NAME & ADDRESS Gray & Osborne, Inc 701 Dexter Avenue North, Suite 200, Seattle, Washington 98109 AGREEMENT TYPE (checkono ❑ LUMP SUM $ ® COST PLUS FIXED FEE OVERHEAD PROGRESS PAYMENT RATE 180% OVERHEAD COST METHOD ❑ Actual Cost ❑ Actual Cost Not To Exceed % ® Fixed Rate FIXED FEE $ 21,414 ❑ SPECIFIC RATES OF PAY ❑ Negotiated Hourly Rate ❑ Provisional Hourly Rate ❑ COST PER UNIT WORK DBE PARTICIPATION WBE PARTICIPATION ❑ Yes ® No % ❑ Yes ® No COMPLETION DATE MAXIMUM AMOUNT PAYABLE February 28, 2014 $187,480 THIS AGREEMENT, made and entered into this day of , 2013, between the City of Bremerton, Kitsap County, Washington, hereinafter called the AGENCY, and the above organization hereinafter called the CONSULTANT The Transportation Improvement Board hereinafter called the TIB, administers the following accounts Urban Arterial Trust Account funds, Transportation Improvement Account funds, Small City Account funds, and City Hardship Assistance Account funds WITNESSETH THAT WHEREAS, the AGENCY desires to accomplish the above referenced project, with the aid of TIB funds in conformance with the rules and regulations promulgated by the TIB, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT, and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows I II GENERAL DESCRIPTION OF WORK SCOPE OF WORK The work under this AGREEMENT shall consist of the above described work and The Scope of Work and project level of effort for this project is detailed in Exhibit B services as herein defined and necessary to accomplish the completed work for attached hereto, and by this reference made a part of this AGREEMENT this PROJECT The CONSULTANT shall furnish all services, labor and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT TIB Form 190 -016 Revised Oct 2001 Page 1 of 24 %ter: ,Transportation Improvement Board (TIB) Consultant Agreement III The work of the subconsultant shall not exceed its maximum amount payable GENERAL REQUIREMENTS unless a prior written approval has been issued by the AGENCY All aspects of coordination of the work of this AGREEMENT, Nth outside All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs agencies, groups or individuals shall receive advance approval by the AGENCY for the subconsultant shall be substantiated in the same manner as outlined in Necessary contacts and meetings with agencies, groups or individuals shall be Section V All subcontracts exceeding $10,000 in cost shall contain all applicable coordinated through the AGENCY provisions of this AGREEMENT The CONSULTANT shall attend coordination, progress and presentation The CONSULTANT shall not subcontract for the performance of any work under meetings with the AGENCY or such Federal, Community, State, City or County this AGREEMENT without prior written permission of the AGENCY No officials, groups or individuals as may be requested by the AGENCY The permission for subcontracting shall create, between the AGENCY and AGENCY will provide the CONSULTANT sufficient notice prior to meetings subcontractor, any contract or any other relationship requiring CONSULTANT participation The minimum number of hours or days notice required shall be agreed to between the AGENCY and the CONSULTANT VII and shown in Exhibit B attached hereto and made part of this AGREEMENT The EMPLOYMENT CONSULTANT shall prepare a monthly progress report, in a form approved by The CONSULTANT warrants that he /she has not employed or retained any the AGENCY, that will outline in written and graphical form the various phases and company or person, other than a bona fide employee working solely for the the order of performance of the work in sufficient detail so that the progress of the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed work can easily be evaluated Goals for Disadvantaged Business Enterpnses to pay any company or person, other than a bona fide employee working solely for (DBE), Minority Business Enterprises (MBE), and Women -owned Business the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any Enterprises (WBE) d required shall be shown in the heading of this Agreement other consideration, contingent upon or resulting from the award or making of this The original copies of all reports, PS &E, and other data furnished to the contract For breach or violation of this warrant, the AGENCY shall have the right CONSULTANT by the AGENCY shall be retumed All designs, drawings, to annul this AGREEMENT without liability, or in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such specifications, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are fee, commission, percentage, brokerage fee, gift, or contingent fee instruments of service for the PROJECT and are property of the AGENCY Reuse Any and all employees of the CONSULTANT or other persons while engaged in by the AGENCY or by others acting through or on behalf of the AGENCY of any the performance of any work or services required of the CONSULTANT under this such instruments of service, not occurring as a part of this PROJECT, shall be AGREEMENT, shall be considered employees of the CONSULTANT only and not without liability of legal exposure to the CONSULTANT of the AGENCY, and any and all claims that may or might anse under any IV Worker's Compensation Act on behalf of said employees or other persons while TIME FOR BEGINNING AND COMPLETION so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANTs employees or other The CONSULTANT shall not begin any work under the terms of this persons while so engaged on any of the work or services provided to be rendered AGREEMENT until authorized in writing by the AGENCY All work under this herein, shall be the sole obligation and responsibility of the CONSULTANT AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date The CONSULTANT shall not engage, on a full or part time basis, or other basis, during the period of the contract, any professional or technical personnel who are, The established completion time shall not be extended because of any delays or have been, at any time during the period of the contract, in the employ of the attributable to the CONSULTANT, but may be extended by the AGENCY, in the STATE, or the AGENCY, except regularly retired employees, without written event of a delay attributable to the AGENCY, or because of unavoidable delays consent of the public employer of such person caused by an act of GOD or govemmental actions or other conditions beyond the control of the CONSULTANT A prior supplemental agreement issued by the VIII AGENCY is required to extend the established completion time NONDISCRIMINATION V The CONSULTANT agrees not to discriminate against any client, employee or PAYMENT applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational The CONSULTANT shall be paid by the AGENCY for completed work and qualification with regard to, but not limited to the followving employment upgrading, services rendered under this AGREEMENT as provided in Exhibit C attached demotion or transfer, recruitment or any recruitment advertising, layoffs or hereto, and by this reference made part of this AGREEMENT Such payment shall terminations, rates of pay or other forms of compensation, selection for training, be full compensation for work performed or services rendered and for all labor, rendition of services The CONSULTANT understands and agrees that if it materials, supplies, equipment, and incidentals necessary to complete the work violates this provision, this AGREEMENT may be terminated by the AGENCY and specified in Section II, Scope of Work further that the CONSULTANT shall be bared from performing any services for the AGENCY now or in the future unless a showing is made satisfactory to the VI AGENCY that discriminatory practices have terminated and that recurrence of SUBCONTRACTING such action is unlikely The AGENCY permits subcontracts for those items of work as shown in Exhibit G to this Agreement Compensation for this subconsultant work shall be based on Dunng the performance of this AGREEMENT, the CONSULTANT, for itself, its the cost factors shown on Exhibit G, attached hereto and by this reference made a assignees, and successors in interest agrees as follows part of this AGREEMENT A COMPLIANCE WITH REGULATIONS The CONSULTANT shall comply with the Regulations relative to nondiscrimination in the same manner as in TIB Form 190 016 Revised Oct 2001 Page 2 of 24 '..- Improvement Board (TIB) 9 , Consultant Agreement Federally- assisted programs of the Department of Transportation, Title 49, Executive Orders numbered E 0 70-01 and E 0 66-03 of the Governor of Code of Federal Regulations, Part 21, as they may be amended from time the State of Washington to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this AGREEMENT IX B NONDISCRIMINATION The CONSULTANT, with regard to the work TERMINATION OF AGREEMENT performed by it during the AGREEMENT, shall not discnminate on the The right is reserved by the AGENCY to terminate this AGREEMENT at any time grounds of race, creed, color, sex, age, mantal status, national origin or upon ten days written notice to the CONSULTANT handicap except for a bona fide occupational qualification in the selection and retention of subconsultants, including procurements of materials and In the event this AGREEMENT is terminated by the AGENCY other than for fault leases of equipment The CONSULTANT shall not participate either directly on the part of the CONSULTANT, a final payment shall be made to the or indirectly in the discrimination prohibited by Section 215 of the CONSULTANT as shown in Exhibit F for the type of AGREEMENT used Regulations, including employment practices when the contract covers a program set forth in Appendix II of the Regulations No payment shall be made for any work completed after ten days following receipt C SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING by the CONSULTANT of the Notice of Termination If the accumulated payment PROCUREMENTS OF MATERIALS AND EQUIPMENT In all solicitations made to the CONSULTANT pnor to Notice of Termination exceeds the total either by competitive bidding or negotiation made by the CONSULTANT for amount that would be due computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier AGENCY for any excess paid shall be notified by the CONSULTANT of the CONSULTANTs obligations In the event the services of the CONSULTANT are terminated by the AGENCY under this AGREEMENT and the Regulations relative to nondiscnmination for fault on the part of the CONSULTANT, the above formula for payment shall not on the grounds of race, creed, color, sex, age, mantal status, national origin apply In such an event, the amount to be paid shall be determined by the and handicap AGENCY with consideration given to the actual costs incurred by the shall provide all CONSULTANT in performing the work to the date of termination, the amount of D INFORMATION AND REPORTS The CONSULTANT information and reports required by the Regulations, T directives issued work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the pursuant thereto, and shall permit access to its books, records, accounts, time of termination, the cost to the AGENCY of employing another firm to other sources of information, and its facilities as may be determined by the complete the work required and the time which maybe required to do so, and AGENCY or TIB to be pertinent to ascertain compliance with such other factors which affect the value to the AGENCY of the work performed at the Regulations or directives Where any information required of the time of termination Under no circumstances shall payment made under this CONSULTANT is in the exclusive possession of another who fails or subsection exceed the amount which would have been made using the formula refuses to fumish this information the CONSULTANT shall so certify to the set forth in the previous paragraph AGENCY, or the TIB as appropnate, and shall set forth what efforts it has made to obtain the information If it is determined for any reason that the CONSULTANT was not in default or that E SANCTIONS FOR NONCOMPLIANCE In the event of the the CONSULTANTs failure to perform is without it or its employees fault or negligence, the termination shall be deemed to be a termination for the CONSULTANTS noncompliance with the nondiscrimination provisions of convenience of the AGENCY in accordance with the provision of this this AGREEMENT, the AGENCY shall impose such sanctions as it or the AGREEMENT Transportation Improvement Board may determine to be appropriate, including, but not limited to In the event of the death of any member, partner or officer of the CONSULTANT 1 Withholding of payments to the CONSULTANT under the or any of its supervisory personnel assigned to the project, or, dissolution of the AGREEMENT until the CONSULTANT complies, and/or partnership, termination other corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to 2 Cancellation, termination or suspension of the AGREEMENT, in complete the work under the terms of this AGREEMENT, if requested to do so by whole or in part the AGENCY The subsection shall not be a bar to renegotiation of the F INCORPORATION OF PROVISIONS The CONSULTANT shall include AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses the provisions of paragraphs (A) through (G) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the In the event of the death of any of the parties listed in the previous paragraph, Regulations or directives issued pursuant thereto The CONSULTANT shall should the surviving members of the CONSULTANT, with the AGENCYs take such action with respect to any subconsultant or procurement as the concurrence, desire to terminate this AGREEMENT, payment shall be made as AGENCY or the Transportation Improvement Board may direct as a means set forth in the second paragraph of this section of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event a CONSULTANT becomes involved in, In the event this AGREEMENT is terminated prior to completion, the original or is threatened with, litigation with a subconsultant or supplier as a result of copies of all reports and other data, PS &E materials furnished to the such direction, the CONSULTANT may request the AGENCY to enter into CONSULTANT by the AGENCY and documents prepared by the CONSULTANT such litigation to protect the interests of the AGENCY, and in addition, the prior to said termination, shall become and remain the property of the AGENCY CONSULTANT may request the TIB to enter into such litigation to protect and may be used by it without restriction Such unrestncted use, not occurring as the interests of the TIB a part of this PROJECT, shall be without liability or legal exposure to the G UNFAIR EMPLOYMENT PRACTICES The CONSULTANT shall comply CONSULTANT with RCW 49 60 180 prohibiting unfair employment practices and the TIB Form 190 -016 Revised Oct 2001 Page 3 of 24 w... Transportation Improvement Board (TIB) .t Consultant Agreement Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT The CONSULTANT's relation to the AGENCY shall be at all times as an for any breach of this AGREEMENT by the CONSULTANT, or for failure of the independent contractor CONSULTANT to perform work required of it by the AGENCY Forbearance of The CONSULTANT specifically assumes potential liability for actions brought by any rights under the AGREEMENT will not constitute waiver of entitlement to the CONSULTANT's own employees against the AGENCY and, solely for the exercise those rights with respect to any future act or omission by the purpose of this indemnification and defense, the CONSULTANT specifically CONSULTANT waives any immunity under the state industrial insurance law, Title 51 RCW The X CONSULTANT recognizes that this waiver was specifically entered into pursuant CHANGES OF WORK to the provisions of RCW 4 24115 and was the subject of mutual negotiation The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when Unless otherwise specified in the AGREEMENT, the AGENCY shall be required to do so by the AGENCY, without additional compensation thereof responsible for administration of construction contracts, if any, on the project Should the AGENCY find it desirable for its own purposes to have previously Subject to the processing of an acceptable, supplemental agreement, the satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall provide on -call assistance to the AGENCY during contract CONSULTANT shall make such revisions as directed by the AGENCY This work administration By providing such assistance, the CONSULTANT shall assume no shall be considered as Extra Work and will be paid for as herein provided under responsibility for proper construction techniques, job site safety, or any Section XIV construction contractor's failure to perform Its work in accordance with the contract XI documents DISPUTES The CONSULTANT shall obtain and keep in force during the terms of the Any dispute concerning questions of fact in connection with the work not disposed AGREEMENT, or as otherwise required, the following insurance with companies of by AGREEMENT between the CONSULTANT and the AGENCY shall be or through sources approved by the State Insurance Commissioner pursuant to referred for determination to the Director of Public Works or AGENCY Engineer, RCW 48 whose decision in the matter shall be final and binding on the parties of this AGREEMENT, provided however, that if an action is brought challenging the Insurance Coverage Director of Public Works or AGENCY Engineer's decision, that decision shall be A Worker's compensation and employer's liability insurance as required by the subject to the scope of judicial review provided under Washington Case Law STATE XII VENUE, APPLICABLE LAW AND PERSONAL JURISDICTION B General commercial liability insurance in an amount not less than a single limit of one million and 00 /100 Dollars ($1,000,000 00) for bodily injury, including death In the event that either party deems it necessary to institute legal action or and property damage per occurrence proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior Court of Excepting the Worker's Compensation insurance and any professional liability the State of Washington, situated in the county the AGENCY is located in The insurance secured by the CONSULTANT, the AGENCY will be named on all parties hereto agree that all questions shall be resolved by application of certificates of insurance as an additional insured The CONSULTANT shall furnish Washington law and that the parties to such action shall have the right of appeal the AGENCY with verification of insurance and endorsements required by this from such decisions of the Superior court in accordance with the laws of the State AGREEMENT The AGENCY reserves the right to require complete, certified of Washington The CONSULTANT hereby consents to the personal jurisdiction of copies of all required insurance policies at any time CONSULTANT'S insurance the Superior Court of the State of Washington, situated in the county the AGENCY shall be primary and non - contributory with any other insurance and/or self - is located in insurance XIII LEGAL RELATIONS AND INSURANCE All insurance shall be obtained from an insurance company authorized to do The CONSULTANT shall comply with all Federal, State, and local laws and business in the State of Washington The CONSULTANT shall submit a ordinances applicable to the work to be done under this AGREEMENT This verification of insurance as outlined above within 14 days of the execution of this AGREEMENT shall be interpreted and construed in accord with the laws of AGREEMENT to the AGENCY No cancellation of the foregoing policies shall be Washington effective without thirty (30) days prior notice to the AGENCY The CONSULTANT shall indemnify and hold the AGENCY and the STATE of The CONSULTANTS professional liability to the AGENCY shall be limited to the Washington, and their officers and employees harmless from and shall process amount payable under this AGREEMENT or one million dollars, whichever is the and defend at its own expense all claims, demands, or suits at law or equity greater unless modified by Exhibit H In no case shall the CONSULTANTS ansing in whole or in part from the CONSULTANT's negligence or breach of any professional liability to third parties be limited in any way of its obligations under this AGREEMENT, provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY and the STATE against and The AGENCY will pay no progress payments under Section V until the hold harmless the AGENCY and the STATE from claims, demands or suits based CONSULTANT has fully complied with this section This remedy is not exclusive, solely upon the conduct of the AGENCY and the STATE, their agents, officers and and the AGENCY and the STATE may take such other action as is available to employees and provided further that if the claims or suits are caused by or result them under other provisions of this AGREEMENT, or otherwise in law from the concurrent negligence of (a) the CONSULTANT's agents or employees XIV and (b) the AGENCY and the STATE, their agents, officers and employees, this EXTRA WORK indemnity provision with respect to (1) claims or suits based upon such negligence, (2) the costs to the AGENCY and the STATE of defending such A The AGENCY may at any time, by written order, make changes within the claims and suits, etc shall be valid and enforceable only to the extent of the general scope of the AGREEMENT in the services to be performed CONSULTANTS negligence or the negligence of the CONSULTANTs agents or employees TIB Form 190 -016 Revised Oct 2001 Page 4 of 24 Transportation Improvement Board (TIB) Consultant Agreement B If any such change causes an increase or decrease in the estimated cost of, XVII or the time required for, performance of any part of the work under this CERTIFICATION OF THE AGREEMENT, whether or not changed by the order, or otherwise affects CONSULTANT AND THE AGENCY any other terms and conditions of the AGREEMENT, the AGENCY shall Attached hereto as Exhibit A -1, are the Certifications of the Consultant and the make an equitable adjustment in the (1) maximum amount payable, (2) Agency delivery or completion schedule, or both, and (3) other affected terms and shall modify the AGREEMENT accordingly XVIII COMPLETE AGREEMENT C The CONSULTANT must submit any proposal for adjustment (hereafter referred to as proposal) under this clause within 30 days from the date of This document and referenced attachments contains all covenants, stipulations receipt of the written order However, if the AGENCY decides that the facts and provisions agreed upon by the parties No agent, or representative of either justify it, the AGENCY may receive and act upon a proposal submitted party has authority to make, and the parties shall not be bound by or be liable for, before final payment of the AGREEMENT any statement, representation, promise or agreement not set forth herein No changes, amendments, or modifications of the terms hereof shall be valid unless D Failure to agree to any adjustment shall be a dispute under the disputes reduced to writing and signed by the parties as an amendment to this clause However nothing in this clause shall excuse the CONSULTANT AGREEMENT from proceeding with the AGREEMENT as changed XIX E Notwithstanding the terms and condition of paragraphs (a) and (b) above, EXECUTION AND ACCEPTANCE the maximum amount payable for this AGREEMENT, shall not be increased This AGREEMENT may be simultaneously executed in several counterparts, or considered to be increased except by specific written supplement to this each of which shall be deemed to be an original having identical legal effect The AGREEMENT CONSULTANT does hereby ratify and adopt all statements, representations, XV warranties, covenants, and agreements contained in the proposal, and the ENDORSEMENT OF PLANS supporting materials submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terns and conditions thereof The CONSULTANT shall place his endorsement on all plans, estimates or any other engineering data furnished by him XVI TIB AND AGENCY REVIEW The AGENCY and TIB shall have the right to participate in the review or examination of the work in progress In witness whereof the parties hereto have executed this AGREEMENT as of the day and year first above wntten By By Tim Osbome, P E, Vice President/Principal Mayor Consultant Gray & Osborne, Inc City of Bremerton TIB Form 190 016 Revised Oct 2001 Page 5 of 24 j �� Transportation Improvement Board (TIB) V W, Consultant Agreement EXHIBIT A -1 Certification of Consultant Protect No City /County 8 -2- 152(025) -1 City of Bremerton, Kitsap County I hereby certify that I am Timothy J Osborne, P E, a duly authorized representative of the firm of Gray & Osborne, Inc whose address is 701 Dexter Avenue North, Suite 200, Seattle, Washington 98109 and that neither I nor the above firm I here represent has (a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of a firm or person in connection with carrying out the contract (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation or consideration of any kind for, or in connection with procuring or carrying out the contract, except as here expressly stated (if any) I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with requirements of the Board of Professional Registration I acknowledge that this certificate is to be available to the Transportation Improvement Board (TIB), in connection with this contract involving participation of TIB funds and is subject to applicable State and Federal laws, both criminal and civil Date Signature — Vice PresidenWhricvpal Certification of Agency Official I hereby certify that I am the AGENCY Official of the City of Bremerton, Washington and that the above consulting firm or his/her representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated (if any) I acknowledge that this certificate is to be available to the TIB, in connection with this contract involving participation of TIB funds and is subject to applicable State and Federal laws, both criminal and civil Date Signature — Mayor TIB Form 190 -016 Revised Oct 2001 Page 6 of 24 /mss ,Transportation Improvement Board (TIB) T 4 Consultant Agreement EXHIBIT B -1 Scope of Work Project No Describe the Scope of Work The City of Bremerton, with financial assistance (grant) from the Washington State Transportation Improvement Board (TIB), desires to Improve a portion of Lower Wheaton Way, more particularly a 0 93 -mile section of roadway from Manette Bridge to Lebo Boulevard The existing roadway has visible signs of surface cracks and patches Existing sidewalks on both sides of the street are broken The existing roadway consists of two travel lanes with curbs and sections of sidewalk The existing pavement width is 36 -feet wide (face of curb to face of curb) The intent of this project Is to rehabilitate (plane and overlay) the existing roadway and install new curbs and sidewalks Where required, isolated sections of the existing roadway pavement will be removed and replaced The new typical roadway cross section will be 34 -feet wide (face of curb to face of curb) and include two each 12- foot -wide travel lanes, 5 -foot bike lanes, concrete curbs, and 10- foot -wide concrete sidewalk on the westerly side of the road Additionally, certain sections of 5 -foot sidewalk will be located on the easterly side of the road and if underlying soils are found to be appropriate some sections of sidewalk may be pervious Overhead utilities will remain The project will also include conduit stub -ups for future lighting/foundations, and storm drainage improvements /enhancements The project will not include traffic signalization, right -of -way acquisition, nor significant landscaping or irrigation A warrant analysis will be completed for the existing Lebo Boulevard traffic signal Sidewalks will be reconstructed as required to meet ADA requirements Signing and street channelization will also be provided The Lower Wheaton Way right -of -way contains stormwater management systems with an outfall to Sinclair Inlet The outfall pipe is of unknown condition and the drainage pipe Is placed at or very near the surface of the existing hill slope The proposed stormwater outfall portion of the project (Schedule B) is to design a system that will collect and convey the stormwater runoff flows, protect the hillside from erosion, and provide adequate energy dispersion at the outlet The design also includes design of systems to meet the current edition of the Washington State Department of Ecology Stormwater Management Manual for Western Washington requirements for the road improvement project The Consultant will perform the tasks and work needed to design the project, and develop the plans and specifications for project bidding and construction The project tasks may include geotechnical investigation, hydrologic /hydraulic analysis, permit assistance, preliminary design, final design plans and specifications A new 6 -Inch ductile Iron waterline (Schedule C) will be Installed on Marlow Avenue (Wheaton Way to East 13th Street) and on East 13 Street (Marlow Avenue to Wheaton Way) New service lines will also be installed (meters to remain) Unless otherwise directed and approved by the City and the TIB, the project will be designed in conformance with the TIB grant application (FY 2012 Project) A cultural survey, as mandated by the Washington State Department of Archaeology and Historical Preservation (DAHP) Is known to be required as this time The City will contract separately for this work by others It is the intent of this Contract to develop one set of construction documents (PS &E) products that will include this project Schedule A — Lower Wheaton Way Improvements (Manette Bridge to Lebo Boulevard) also known as TIB Project No 8 -2- 152(025) -1, and Schedule B — Storm Drainage Outfall, and Schedule C — Schley Canyon Culvert Pre - design, Schedule D — Sanitary Sewer Improvements, and Schedule E - Lower Wheaton Way Water System Improvements DESIGN SERVICES (It is the intent of this scope to generally comply with the Improvements identified in the City's TIB grant application, as well as comply with City Standards and TIB funding requirements ) Task 1— Project Management A Provide overall project management services including (1) Preparation and execution of subcontracts, TIB Form 190 016 Revised Oct 2001 Page 7 of 24 4Q� Improvement Board (TIB) f Consultant Agreement (2) Project staff and subconsultant management, (3) Implementation of quality control program, and (4) Management of project budget and schedule B Prepare and submit progress report with monthly Invoice Task 2 — Geotechnlcal Analysis (Roadway) A Subcontract and coordinate geotechnical work with a qualified and licensed geotechnical firm B Review and comment on subconsultant submittals C Provide these additional services via our geotechnical subconsultant, PanGEO, Inc (1) Site Reconnaissance — PanGEO will conduct a reconnaissance along the project alignment to observe surface conditions that could Impact the proposed Improvements During the reconnaissance, we will mark test boring locations for utility locates, and evaluate equipment access to drill our test borings (see Item 2, below) (2) Subsurface Exploration — Drilling a total of four test borings for this project The borings will be drilled to a depth of about 12 to 15 feet The test boring locations will be jointly determined on a later date with G &O and the City The proposed test borings will be drilled using hollow stem augers The drilled holes will be about 12 inches in diameter Soil samples will be obtained from the test borings at 2 -1/2 and 5- foot depth internals, using Standard Penetration Test (SPT) method When completed, the test borings will be backfilled Where borings will be drilled through the existing pavement, the borings will be patched with concrete the thickness of the roadway Prior to the drilling, we will contact the 1 -call center to request a utility locate We will coordinate all field activities with Gray & Osborne (G &0) and City personnel Assumptions • PanGEO understands that, in addition to our proposed test borings, the City will obtain 12 additional pavement cores of the existing pavement PanGEO will utilize the results from the pavement cores to our pavement evaluation, • PanGEO assumes that a right -of -way permit will be provided at no cost, and • PanGEO will provide traffic control during drilling (3) Laboratory Tests — Laboratory tests will be conducted on representative sod samples Specifically, we budget 15 grain size tests from our four test borings The test results will be used to evaluate the infiltration characteristics of the site soils, based on the procedure outlined in the 2012 DOE Stormwater Manual Other tests may include natural moisture contents and Atterberg limits (4) Meeting — One meeting at the G &O office to discuss findings (5) Engineering and Report — Perform engineering evaluation to assess the infiltration characteristics of the site soils, and pavement rehabilitation options A draft report will be prepared and submitted to the project team for review The draft report will be revised and finalized once we receive review comments from the project team In general, the report will include • A site map with approximate boring and pavement core locations, • Description of surface and subsurface soil and groundwater) conditions, including boring logs, TIB Form 190 016 Revised Oct 2001 Page 8 of 24 Transportation Improvement Board (TIB) �j Consultant Agreement • A summary of existing pavement thickness, based on pavement cores to be completed by the City, • Recommendations for pavement overlay, based on the site soil conditions, existing pavement thickness, existing pavement conditions, and traffic data (to be provided by others, • Assessment of site soils for infiltration and, if appropriate, provide design infiltration rate based on grain size distribution, • Recommendations for sidewalk subgrade preparation, and 0 Earthwork recommendations including the suitability of the site soils as structural fill, subgrade preparation, temporary excavation, and general earthwork discussions (6) Post Report Consultation — Provide post report consultation on an as- needed basis Task 3 — Community and Agency Coordination A Support staff at two public `open house" meetings The City shall lead the meeting and arrange for the meeting time and location B Participate at up to two additional project meetings with City staff to review project, project concerns, status of deliverables, budget, critical path items, any new project concerns, etc, during the course of the project Task 4 — Quality Assurance/Quality Control Meetings A Conduct three in -house quality assurance /quality control (QA/QC) meetings during the course of the project The meetings will take place at the approximate 35, 70, and 95 percent status The meetings will include review by qualified senior staff members, key design team members, and Agency staff (as required/desired) B Incorporate pertinent recommendations and suggestions into bid/construction documents regarding QA/QC reviews Task 5 — Project Funding Agency Coordination A G &O staff shall coordinate their work (as applicable) as authorized by the City with the City s funding agency (TIB) and assist the City in preparing project prospectus forms, quarterly reports, and other required paperwork Task 6 — Right -of -Way and Topographical Survey (by City of Bremerton) A The City of Bremerton has completed survey and mapping of the street project corridor This information, including vertical and horizontal control will be provided to G &O for their use for this project Any additional survey information required for design will be obtained by G &O Note Gray & Osborne, Inc shall be entitled to rely on the accuracy of information provided by the City for the purpose of this work Task 7 — Conceptual and Preliminary Design A Develop preliminary concepts (35 percent level of design) and exhibits for use in public meeting, staff meetings, etc, for evaluation and comments on conceptual design Conceptual plans will evaluate, in particular, pavement rehabilitation and reconstruction, parking alternatives, sidewalk alternatives, new storm outfall (Schedule B) and water system improvements (Schedule C), ingresslegress, and right -of -way impacts B Incorporate available utility as -built or record drawing information, plat map (property line) information, survey data, and other available and relevant information into the base map Consultant shall be able to rely on information provided b TIB Form 190 -016 Revised Oct 2001 Page 9 of 24 Transportation Improvement Board (TIB) tE Consultant Agreement the City for the Intended purpose of developing design drawings C Prepare specifications in WSDOT and City - approved format similar to previous transportation projects designed by the City This will Include, but not be limited to, proposal, contract, bonds and Insurance documents /requirements and related documentation D Design storm drainage facilities for the collection, treatment (as applicable), and conveyance of stormwater sufficient to support the `project" and per applicable Department of Ecology and City standards City to provide verification (TV inspection) of existing storm conveyance lines condition in order to help determine storm line replacement requirements The design shall also consider the incorporation of pervious concrete sidewalk where feasible to meet the Intent of project LID requirements E Prepare preliminary plans, drawings, special details, etc , of all motorized and non - motorized facilities including road Improvements, minor landscaping, storm facilities, Illumination (conduit only), and related facilities at 35, 70 and 95 percent levels of design, and in City- approved format to include updated engineer's construction cost estimate(s) Submit (two copies) plan sets and specifications (Including updated cost estimates) to City for review and comment at 35, 70 and 95 percent intervals Incorporate applicable City comments Task 8 — Stormwater Outfall Subtask 8.1— Geotechnical Investigation A The geotechnical scope of work is listed by tasks as determined by predesign recommendations and field Investigations The geotechnical tasks listed below are anticipated G &O will submit invoices only for actual work completed 1 Investigate and review existing regional and local geologic Information, reports, and studies relevant to the project design The project may be located In an area with poor sub - surface soils 2 Perform onsite geologic Investigations to identify subsurface conditions that may affect project design and construction Drill one test boring to about 15 -feet deep near the top of the slope, at the location where the proposed outfall pipe may be anchored The purpose of the test boring Is to provide soil Information to design the pipe anchor The proposed test boring will be drilled using hollow stem augers The drilled hole will be about 12 Inches In diameter Soil samples will be obtained from the test borings at 2 -1/2 and 5- foot -depth internals, using Standard Penetration Test (SPT) method The consultant shall provide all necessary equipment and operators for the geotechnical investigation Ground elevation will be surveyed at boring locations and coordinated with the surveyor /civil designer All surfaces shall be restored following geotechnical investigations 3 Geo- technical Report The results of the Geo - technical Investigation will be provided In a bound report The Consultant will submit an unbound draft copy for City review and comments The Geo - technical Report will Include the following a A summary of the regional geologic Information b A description of the onsite geologic Investigation, equipment, methods, and testing performed c Site specific geologic Information such as site map, boring locations, boring logs, water elevations, soil samples, and soil analysis results d Analysis of the geologic Information and recommendations for project construction e Recommendations for dewatering, soil stability, shoring, bearing strength, trench excavation, potential need for pipe anchoring, foundation, and /or support depending on material proposed by the civil designer, pipe bedding, and trench backflll TIB Form 190 016 Revised Oct 2001 Page 10 of 24 ,Transportation Improvement Board (TIB) t(t Consultant Agreement The Geo- technical Report will be available to bidders with all of the Geo - technical Report Included In the project bid document 4 The Consultant will provide two bound copies of the final Geotechnical Report and one unbound copy The Consultant will provide an electronic copy (MS Word) of the final report, all graphs and tables, and any other information contained in the final report 5 Two general options are being considered as of the writing of this scope of work The first option is for the outfall pipe to be anchored at the top of the slope and placed on the surface of the bluff The cost estimate for the geotechnical subconsultant is included In the fee estimate The second option Is to directionally drill a pipeline to lust above the ordinary high water mark at the beach This option will require greater geotechnical investigation and the cost for that is included in the geotechnical subconsultant proposal but is NOT Included in the stormwater design fee estimate If the directional drilling Is pursued, the additional cost would be addressed In an amendment to the engineering services contract Subtask 8 2 — Hydrologic and Hydraulic Analysis and Report A Review existing hydrologic information that will impact the storm system design and perform hydrologic and hydraulic modeling to design the new storm system The hydrologic and hydraulic work will Include the following 1 Review existing and future hydrology for the project area Including upstream tributary flows Review existing hydrologic reports for the area, and develop a WWHM hydrologic model for existing flow conditions Peak flows for existing conditions for the 6- month, 2 -,10 -, 25- and 100 -year storm will be developed 2 Check capacity using Manning Equation and review energy dissipation of drainage outfall Subtask 8 3 — Storm System Outfall Design A Using the results from the Geotechnical, and Hydraulic Tasks detailed above, the Consultant will develop the design for the new storm system The City anticipates that the new storm system will discharge at or near the existing discharge point The Scope of Work assumes that replaced storm pipe will be at or near the surface and HDPE pipe and appropriate anchors will be used during construction If poor or unstable sub - surface soils that require special engineering design are discovered within the pipe alignment, an addendum to the Engineering Agreement will be negotiated The design work will include the following 1 Review the physical and hydraulic information and evaluate design alternatives for a replacement storm system Meet with City to discuss design alternatives and choose the preferred alternative 2 The location of public and private utilities, and potential utility conflicts, will be Investigated for the design Potholing Is not anticipated for this project If potholing Is required, the Consultant will notify the City and the City will determine If locations /utilities need to be potholed Subtask 8.4 — Environmental Review and Permit Assistance A Permitting is expected to occur early in the first half of the project The permitting work will Include the following 1 Determine what State and Federal Permits (if any) may be needed for the project 2 Prepare drafts of local, State, or Federal permit applications Provide expert analysis and figures /information as needed for the permits 3 The Consultant will prepare the Environmental Checklist and permit application forms and submit to the City for review The City will supplement the environmental sections of the Environmental Checklist, If TIB Form 190 -016 Revised Oct 2001 Page 11 of 24 1a. Transportation Improvement Board (TIB) t(� Consultant Agreement needed and submit checklist and 35% design plan set to review agencies for approval 4 A Joint Aquatic Resource Permit Application (JARPA) will be prepared for City submittal to Washington Department of Fish & Wildlife (WDFW), Washington Department of Ecology (Ecology), and US Army Corps of Engineers (COE) If a wetlands mitigation plan is required, it shall be considered additional work and an addendum to the Engineering Agreement will be negotiated Subtask 8.5 — Fish Survey of Schley Canyon A Conduct a fish survey as typically required by WDNR, WDOT, and WDFW to determine fish presence or absence in approximately 3,000 feet of stream channel within the City of Bremerton, Washington This task also includes topographic survey of the culvert inverts and stream channel downstream of the Lower Wheaton Way culvert This task assumes there will be one meeting with regulatory agencies to discuss the survey findings Subtask 8 6 — Culvert Repair/Replacement Predesign Analysis and Alternative Development A Gather and develop information on the stream system and alternatives to provide repair or replacement of the culvert Existing data includes aerial photographs, existing surrey /aerial information, and previous hydraulic and hydrologic reports Alternatives will include sizing, construction feasibility, permitting requirements, and cost estimates for the various alternatives B Develop conceptual plans based on the selected alternative following agency and stakeholder review These plans will include conceptual sketches and cross sections to provide the City with sufficient information to determine the means for the repair or replacement and planning level cost estimates Task 9 — Temporary Construction and Right -of -Way Documentation A Identilr areas on adjacent private property where temporary construction permits need to be acquired to facilitate construction This may include small, parallel, and adjacent strips of land or driveway areas needed to be reconstructed and incorporated into project documents B Prepare "generic" temporary construction permits for City distribution and acquisition as may be required Note Right -of -way acquisition is not anticipated nor included in our scope of work If such is required it will be negotiated as a supplement Task 10 — Sanitary System Improvements A The City is currently reviewing the existing sanitary system within the project limits Video inspection has identified areas of concern where repairs or replacement may be necessary B G &O will include the design of in -situ repair within the contract set and the appropriate special provisions Cured in place pipe is anticipated for the existing pipelines within the project limit Note Removal and replacement of sanitary improvements are not anticipated nor included in our scope of work If such methods are required it will be negotiated as a supplement Task 11— Final Design Plans and Specifications A Prepare and submit final (100 percent) project plans, specifications, and cost estimates to include evaluation and incorporation of all previous and pertinent City and/or funding agency comments B Prepare and submit final SEPA Checklist Incorporate applicable City review comments to include such revisions or clarifications as may be necessitated City to provide threshold determination and publish determination as may be required C Submit final plans, specifications, engineers cost estimate (construction), and updated Transportation Improvement TIB Form 190 -016 Revised Oct 2001 Page 12 of 24 ::. Transportation Improvement Board (TIB) 17,V Consultant Agreement Board (TIB) construction prospectus form (UCE form) to the City and TIB and solicit authorization to bid the project from both the City and TIB D Prepare and assist City in submitting DOE required Construction Stormwater General Permit (Include generic copy in Specifications regarding "transfer of coverage" from City to Contractor) Task 12 — Bid Services A Prepare bid advertisement and distribute to two newspapers (Daily Journal and Kltsap Sun) Our fees do not include cost of publication of advertisements B Forward bid package to ARC of Tacoma for distribution to plan centers and bidders C Assist City with answering bid Inquiries during bid phase, to include providing written clarification as may be required D Prepare and distribute any bid addenda as required Documents to be Fumished by the Consultant • Electronic file of all final plans (AutoCAD and PDF files) and specifications (MS Word/PDF files) including addenda (as may be applicable) • Hard copy of plans, specifications, and cost estimates to include any addenda (as may be applicable) • Two sets (paper copies) of plans (34" x 22" full size and 11" x 17" half size), specifications, and cost estimates at each of the three submittal Intervals as listed in the scope of work • Copy of all photographs, exhibits, and drawings prepared as part of this project TIB Form 190 016 Revised Oct 2001 Page 13 of 24 Transportation Improvement Board (TIB) ltd Consultant Agreement EXHIBIT C -2 Payment (Cost Plus Fixed Fee) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter Such payment shall be full compensation for all work performed or services rendered and for all labor, materials, equipment, and Incidentals necessary to complete the work specified in Section II, "Scope of Work" A. Actual Costs Payment for all consulting services for this project shall be on the basis of the CONSULTANTs actual cost plus a fixed fee The actual cost shall Include direct salary cost, overhead, and direct nonsalary cost 1 Direct Salary Costs The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT 2. Overhead Costs Overhead costs are those costs other than direct costs which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books Progress payments shall be made at the rate shown in the heading of this AGREEMENT, under 'Overhead Progress Payment Rate " Total overhead payment shall be based on the method shown in the heading of the AGREEMENT The three options are explained as follows a Actual Cost If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT the actual overhead costs verified by audit, up to maximum amount payable, authorized under this AGREEMENT, when accumulated with all other actual costs b Actual Cost Not To Exceed Maximum Percent If this method is indicated in the heading of this AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT at the actual overhead rate verified by audit up to the maximum percentage shown in the space provided Final overhead payment when accumulated with all other actual casts shall not exceed the total maximum amount payable shown in the heading of this AGREEMENT c Fixed Rate If this method is indicated in the heading of the AGREEMENT, the AGENCY agrees to reimburse the CONSULTANT for overhead at the percentage rate shown This rate shall not change during the life of the AGREEMENT A summary of the CONSULTANTs cost estimate and the overhead computation are attached hereto as Exhibits D and E and by this reference made part of this AGREEMENT When an actual cost overhead rate or actual cost not to exceed overhead rate is used, the actual overhead rate determined at the end of each fiscal year shall be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's overhead cost to reflect the actual rate The CONSULTANT shall advise the AGENCY as soon as possible of the actual overhead rate for each fiscal year and of the actual rate incurred to the date of completion of the work The AGENCY and/or TIB may perform an audit of the CONSULTANT's books and records at any time during regular business hours to determine the actual overhead rate, if they so desire 3 Direct Nonsalary Cost Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT applicable to this contract These charges may include, but are not limited to the following items travel, printing, long distance telephone, supplies, computer charges, and fees of subconsultants Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY The billing for nonsalary cost, directly identifiable with the Project, shall be an itemized listing of the charges supported by original bills or legible copies of invoices, expense accounts, and miscellaneous supporting data retained by the CONSULTANT Copies of the original supporting documents shall be provided to the AGENCY upon request All of the above charges must be necessary for services to be provided under this AGREEMENT 4 Fixed Fee The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this AGREEMENT under Fixed Fee This fee is based on the scope of work defined in this AGREEMENT and the estimated man - months required to perform the stated scope of work in the event a supplemental agreement is entered into for additional work by the CONSULTANT, the supplemental agreement may include provision for the added costs and appropriate additional fee The fixed fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the monthly progress reports accompanying the invoices TIB Form 190 016 Revised Oct 2001 Page 14 of 24 .�i.� Transportation Improvement Board (TIB) �ErJ' Consultant Agreement Any portion of the fixed fee earned by not previously paid in the progress payments will be cover in the final payment, subject to the provisions of Section IX, Termination of Agreement 5 Maximum Total Amount Payable The maximum total amount payable, by the AGENCY to the CONSULTANT under this AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT as maximum amount payable, which includes the Fixed Fee, unless a supplemental agreement has been negotiated and executed by the AGENCY prior to incurring any costs in excess of the maximum amount payable B. Monthly Progress Payments The CONSULTANT may submit invoices to the AGENCY for reimbursement of actual costs plus the calculated overhead and fee not more often than once per month during the progress of the work Such invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, General Requirements, of the AGREEMENT The invoices will be supported by itemized listing and support document for each item including direct salary, direct nonsalary, and allowable overhead costs to which will be added the prorated Fixed Fee C. Final Payment Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, and other related documents which are required to be fumished under this AGREEMENT Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims of any nature which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT pnor to its acceptance Said final payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims D. Inspection of Cost Records The CONSULTANT and his subconsultants shall keep available for inspection by representatives of the AGENCY and/or TIB, for a period of three years after final payment, the cost records and accounts pertaining to this AGREEMENT If any litigation, claim, or audit ansing out of, in connection with, or related to this contract is initiated before the expiration of the three -year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed TIB Form 190 -016 Revised Oct 2001 Page 15 of 24 ,Transportation Improvement Board (TIB) Consultant Agreement EXHIBIT D -1 Consultant Fee Determination Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost per Unit of Work) Prepared by Date Brian Sourwine, P E June 17, 2013 Project Lower Wheaton Way (Manette Bridge to Lebo Boulevard) — Schedule A Roadway Design Direct Salary Cost (DSC) Classification Man Hours Rate Cost Principal -in- Charge 24 x $32 to $58 = $ 1,344 Project Manager /Engineer 180 x $32 to $55 = $ 7,920 E I T /Design /Civil Engineers 290 x $18 to $36 = $ 9,860 Transportation /Electrical Engineer 48 x $24 to $50 = $ 1,920 AutoCAD Technician /Drafter 130 x $15 to $31 = $ 3,770 Environmental Technician/Specialist 24 x $26 to $36 = $ 768 Professional Land Surveyor 0 x $33 to $42 = $ 0 Survey Crew 0 x $43 to $96 = $ 0 Resident Inspector 0 x $28 to $46 = $ 0 TOTAL DSC $25,582 OVERHEAD (OH Cost including Salary Additives) OH Rate x DSC or 180% x $25,582 $46,048 FIXED FEE (FF) FF Rate x DSC or 42% x $25,582 $10,744 REIMBURSABLES Misc. Expenses, Including mileage, Reproduction, etc $ 775 SUBCONSULTANT COST (See Exhibit G) (including 10% Administrative Overhead) $11,941 TOTAL (SCHEDULE A) $95,090 TIB Form 190 016 Revised Oct 2001 Page 16 of 24 Transportation Improvement Board (TIB) Consultant Agreement Prepared by Data Barry Baker, P E June 17, 2013 Project Lower Wheaton Way (Manefte Bridge to Lebo Boulevard) — Schedule B Storm Drainage Outfall Direct Salary Cost (DSC) Classification Man Hours Rate Cost Principal -in- Charge 16 x $32 to $58 = $ 896 Project Manager /Engineer 70 x $32 to $55 = $ 3,080 E I T /Design /Civil Engineers 160 x $18 to $36 = $ 5,440 Transportation/Electrical Engineer 0 x $24 to $50 = $ 0 AutoCAD Technician/Drafter 80 x $15 to $31 = $ 2,320 Environmental Technician /Specialist 80 x $26 to $36 = $ 2,560 Professional Land Surveyor 0 x $33 to $42 = $ 0 Survey Crew 0 x $43 to $96 = $ 0 Resident Inspector 0 x $28 to $46 = $ 0 TOTAL DSC $14,296 OVERHEAD (OH Cost including Salary Additives) OH Rate x DSC or 180 x $14,296 $25,733 FIXED FEE (FF) FF Rate x DSC or 42% x $14,296 $ 6,004 REIMBURSABLES Misc. Expenses, Including mileage, Reproduction, etc $ 282 SUBCONSULTANT COST (See Exhibit G) (Including 10% Administrative Overhead) $ 6,838 TOTAL (SCHEDULE B) $53,153 TO Form 190 -016 Revised Oct 2001 Page 17 of 24 Transportation Improvement Board (TIB) �j Consultant Agreement Prepared by Date Barry Baker, P E June 17, 2013 Project Lower Wheaton Way (Manette Bridge to Lebo Boulevard) — Schedule C Schley Canyon Culvert Repair /Replacement Direct Salary Cost (DSC) Classification Man Hours Rate Cost Principal -in- Charge 2 x $32 to $58 = $ 112 Project Manager /Engineer 18 x $32 to $55 = $ 792 E I T /Design/Civil Engineers 36 x $18 to $36 = $ 1,224 Transportation /Electrical Engineer 0 x $24 to $50 = $ 0 AutoCAD Technician /Drafter 28 x $15 to $31 = $ 812 Environmental Technician /Specialist 0 x $26 to $36 = $ 0 Professional Land Surveyor 0 x $33 to $42 = $ 0 Survey Crew 20 x $43 to $96 = $ 1,680 Resident Inspector 0 x $28 to $46 = $ 0 TOTAL DSC $ 4,620 OVERHEAD (OH Cost including Salary Additives) OH Rate x DSC or 180% x $4,620 $ 8,316 FIXED FEE (FF) FF Rate x DSC or 42% x $4,620 $ 1,940 REIMBURSABLES Mlsc Expenses, Including mileage, Reproduction, etc $ 271 SUBCONSULTANT COST (See Exhibit G) (Including 10% Administrative Overhead) $ 2,840 TOTAL (SCHEDULE C) $17,987 TIB Form 190 016 Revised Oct 2001 Page 18 of 24 /i= ,Transportation Improvement Board (TIB) 4E, Consultant Agreement Prepared by Date Barry Baker, P E July 31, 2013 Project Lower Wheaton Way (Manette Bridge to Lebo Boulevard) — Schedule D Sanitary Sewer Rehabilitation Direct Salary Cost (DSC) Classification Man Hours Rate Cost Principal -in- Charge 2 x $32 to $58 = $ 112 Project Manager /Engineer 8 x $32 to $55 = $ 352 E I T /Design/Civil Engineers 24 x $18 to $36 = $ 816 Transportation /Electrical Engineer 0 x $24 to $50 = $ 0 AutoCAD Technician /Drafter 24 x $15 to $31 = $ 696 Environmental Technician /Specialist 0 x $26 to $36 = $ 0 Professional Land Surveyor 0 x $33 to $42 = $ 0 Survey Crew 0 x $43 to $96 = $ 0 Resident Inspector 0 x $28 to $46 = $ 0 TOTAL DSC $1,976 OVERHEAD (OH Cost including Salary Additives) OH Rate x DSC or 180% x $1,976 $3,557 FIXED FEE (FF) FF Rate x DSC or 42% x $1,976 $ 830 REIMBURSABLES Misc. Expenses, including mileage, Reproduction, etc. $ 152 SUBCONSULTANT COST (See Exhibit G) (including 10% Administrative Overhead) $ 0 TOTAL (SCHEDULE D) $6,515 TIB Form 190 016 Revised Oct 2001 Page 19 of 24 ,Transportation Improvement Board (TIB) . � W7J, Consultant Agreement Prepared by Date Brian Sourwine, P E July 31, 2013 Project Lower Wheaton Way (Manette Bridge to Lebo Boulevard) — Schedule E Water System Improvements Direct Salary Cost (DSC) Classification Man Hours Rate Cost Principal -In- Charge 2 x $32 to $58 = $ 112 Project Manager /Engineer 16 x $32 to $55 = $ 704 E I T /Design/CIvil Engineers 56 x $18 to $36 = $ 1,904 AutoCAD Technician/Drafter 40 x $15 to $31 = $ 1,160 Environmental Technician /Specialist 0 x $26 to $36 = $ 0 Professional Land Surveyor 2 x $33 to $42 = $ 84 Survey Crew 10 x $43 to $96 = $ 550 Resident Inspector 0 x $28 to $46 = $ 0 TOTAL DSC $ 4,514 OVERHEAD (OH Cost including Salary Additives) OH Rate x DSC or 180% x $4,514 $ 8,125 FIXED FEE (FF) FF Rate x DSC or 42% x $4,514 $ 1,896 REIMBURSABLES Misc Expenses, Including mileage, Reproduction, etc $ 200 SUBCONSULTANT COST (See Exhibit G) (Including 10% Administrative Overhead) $ 0 TOTAL (SCHEDULE E) $14,735 TOTAL AMOUNT SCHEDULE A ($95,090), SCHEDULE B ($53,153) AND SCHEDULE C ($17,987), $187,480 SCHEDULE D ($6,515), AND SCHEDULE E (14,735) TIB Form 190 -016 Revised Oct 2001 Page 20 of 24 Transportation Improvement Board (TIB) 1V, j Consultant Agreement EXHIBIT D -2 Consultant Fee Determination Summary Sheet (Specific Rates of Pay) FEE SCHEDULE Discipline or Job Title Hourly Rate Overhead Profit Rate Per Hour Technician/Drafter $14 -$36 $25 20-$64 80 $5.70$14 65 $44 90- $115 45 E I TJDesign/Civil Engineers (Eng. I, II and III) $24 -$35 $43 20- $63.00 $9 77- $14.25 $76.97$112.25 Environmental Technician/Specialist $25 -$40 $45.00 -$72 00 $10.18 - $16.28 $80.18$128 28 Structural/Electrical Engineers $31 -$53 $55.80 -$95 40 $12 62$2157 $99.42 -$169 97 Project Manager/Engineer (Eng. IV, V and VI) $33 -$56 $59 40- $100.80 $13 43-$22 79 $105.83$179.59 Principal- in- Charge/Project Managers $35$59 $63 00- $10120 $14 25-$24 01 $112.25$189.21 Survey Crew $45$85 $85.00- $153.00 $18.32 -$34 60 $144.32$272.60 Professional Land Surveyor $34$38 $61.20$68 40 $13 84$15.47 $109 04$121.87 Field Inspector/Resident Engineer $23$48 $4190- $86.40 $9.36-$954 $73.76$153.94 Secretary/Typist* WA WA WA N/A Secretarial and clerical fees are not billed, but are included in the overhead multiplier listed The same is true for accounting, bookkeeping, in house printing up to $150, word processing, computer use, computer aided drafting, and telephone and fax costs TIB Form 190 -016 Revised Oct 2001 Page 21 of 24 , ,Transportation Improvement Board (TIB) ��j Consultant Agreement EXHIBIT E -1 Breakdown of Overhead Cost GRAY & OSBORNE COMPUTATION OF OVERHEAD MULTIPLIER Federal, State, and Local Taxes 2547% Insurance and Medical. .. 2658% Professional Development and Education .. ... ....... 456% Vacations and Holidays 1514% Administration (Typing, CADD, GIS, Computer) ** 5421% Rent, Utilities, and Depreciation. 1774% Office Expenses 812% Recruiting 012% Professional Services 122% Incentive and Retirement 2660% Facilities Cost of Capital 024% TOTAL: ............................................................................................................. 180.00% PROFESSIONAL ENGINEERING SERVICES CONTRACT ENGINEER'S REPRESENTATIVE PAYROLL RATES THROUGH JUNE 15,2013* Employee Classification Payroll Rates AutoCAD /GIS Technician /Engineering Intern $1400 to $2700 AutoCAD /GIS Manager /Graphic Artist $2900 to $3600 Senior Electrical Engineer $44.00 to $5300 Senior Structural Engineer $3600 to $4900 Electrical Engineer $3200 to $4300 Structural Engineer $3100 to $4000 Environmental Technician /Specialist $2500 to $4000 Engineers I and II $2400 to $3300 Engineer III $2900 to $3500 Engineer IV $3300 to $4100 Engineers V and VI $3500 to $5600 Principal -in- Charge /Project Manager $3500 to $5900 Resident Engineer $3800 to $4800 Field Inspector $2300 to $3700 Field Survey Crew (2 Person) ** $4500 to $60.00 Field Survey Crew (3 Person) ** $6800 to $8500 Professional Land Surveyor $3400 to $3800 Secretary/Word Processor ** N /A ** Updated annually, together with the overhead All actual out -of pocket expenses incurred directly on the project are added to the billing The billing is based on direct out of pocket expenses, meals, lodging, laboratory testing and transportation The transportation rate is $0 55 per mile or the current maximum IRS rate without receipt IRS Section 162(a) Administration expenses include secretarial and clerical work, GIS, CADD, and computer equipment, owned survey equipment and tools (stakes, hubs, lath, etc — Note mileage billed separately at rate noted), miscellaneous administration tasks, facsimiles, telephone, and printing costs, which are less than $150 TIB Form 190 -016 Revised Oct 2001 Page 22 of 24 Transportation Improvement Board (TIB) Consultant Agreement EXHIBIT F -1 Payment Upon Termination of Agreement by the Agency Other than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT In addition, the CONSULTANT shall be paid for any authorized extra work completed Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the PROJECT In addition, the CONSULTANT shall be paid for any authorized extra work completed Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus and direct nonsalary costs incurred at the time of termination of this AGREEMENT Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT TIB Form 190 016 Revised Oct 2001 Page 23 of 24 Transportation Improvement Board (TIB) �, Consultant Agreement EXHIBIT G -1 Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT PanGEO, Inc (Geotechnlcal Services) $10,855 (Schedule A) $ 6,216 (Schedule B) Meridian Environmental, Inc (Fish Survey) $ 2,581 (Schedule C) Note Amount shown above does not Include 10 percent Administrative Overhead as shown In Exhibit D -1 TIB Form 190 016 Revised Oct 2001 Page 24 of 24 Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 by noon on the day preceding the Meeting. ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 ***[AMENDED THE ORDER]*** AUGUST 21, 2013 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 to 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. GENERAL BUSINESS- The following items will be presented together... A. Recreation & Conservation Office (RCO) Grant Agreement for Evergreen Rotary Park Improvements (Inclusive Playground and ADA accessibility) B. Community Forestry Grant Agreement with Department of Natural Resources (DNR) for Evergreen Rotary Park Improvements (Shade and Habitat Trees) 4. MAYOR'S REPORT 5. BPD BRIEFING - City of Bremerton Police Chief Steve Strachan 6. PUBLIC RECOGNITION 7. CONSENT AGENDA A. Claims & Check Registers B. Minutes of Meeting - August 7, 2013 C. Minutes of Study Session - August 14, 2013 D. Purchase of an Emergency Generator for Pump Station KL-2 from Cummins Northwest LLC E. Resolution No. 3201 to allow the transfer of 5-feet of City Property to Right-of-Way along Taft Avenue and 19th Street F. Award Goods & Services Agreement to Olson Brothers Pro-Vac LLC of Puyallup 8. GENERAL BUSINESS A. Award Consultant Contract to Grey & Osborne, Inc. for the Design of the Lower Wheaton Way Project 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Grant Agreement with the State of Washington and the Recreation and Conservation Funding Board for Evergreen Rotary Inclusive Playground and Park Improvements Study Session Date: August 14th, 2013 COUNCIL MEETING Date: August 21st, 2013 Department: Parks Presenter: Wyn Birkenthal Phone: 473-5752 SUMMARY: The attached grant agreement provides $211,350 to assist in the renovation of Evergreen Rotary Park creating Bremerton and Kitsap County’s first fully accessible playground. This project improves ADA access from the main parking lot to the park’s central activity area, increases the number of ADA and regular car parking spaces by 10. In addition, trees and landscaping are developed in the parking lot and along the shoreline. This project has been recommended by the Parks and Recreation Commission. Additionally an active volunteer group named Bremerton Beyond Accessible Playgrounds has donated $50,500 in cash and has pledged 360 hours of volunteer labor to assist with project construction. ATTACHMENTS: Recreation and Conservation Office Grant Agreement Project Graphics Fiscal Impact: The total project budget is $447,900 comprised of: $211,350 RCO Grant; $160,850 Community Development Block Grant; $50,500 Cash Donations; $10,000 DNR grant. The project requires 380 hours of park crew time for installation of materials at a cost of $15,200. STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: I move to authorize the Mayor to finalize and enter into the Grant Agreement with the Recreation and Conservation Funding Board for Evergreen Rotary Inclusive Playground and Park Improvements with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 EVERGREEN PARK BEYOND ACCESSIBLE PLAY PROJECT - NEEDCITY OF BREMERTON(National Center for Educational Statistics, 2009)Each year Holly Ridge Center serves 830 children in the Infant Toddler Program and 230 adults in the Adult Employment Services Program. Beyond accessible playgrounds are typically limited to cities with a higher median income.Create an inclusive, latex-free, beyond ADA accessible, sensory integrated and universally designed playground for children and adults of all abilities to enjoy with their families and friends.People with disabilities are the nation’s largest minority group AND the only group which anyone can join at anytime.Census tracts do not refl ect the location of working families that are “medically poor.”Our Partners:Why is beyond accessible play needed in Kitsap County?Central Kitsap and Bremerton School Districts serve 2500 students from age 3-21 with special educational and therapeutic services.Our Goal:Consider this:Holly Ridge Center501(c)(3) Non-profit Spina Bifi da Associationof Washington StateKistap ClusterHA Partner - Bremerton, WAPediatric and Spina Bifi da Support4 in 30 children have special needs$4k$8k$10k$12k$2k/yr.$13k/yr.$5kDisibilities include:• Physical• Cognitive• Communication• Social/Emotional• Sensory• Chronic health impairmentBremertonSehmel Homestead ParkBradley Lake Park40 min.90 min.BremertonSehmel Homestead ParkBradley Lake Park40 min.90 min.Proudly supported by the PSNS & IMF chapter of the Naval Civilian Managers Association Curbing ramp not providedElevated play activity not duplicated as ground-level activityNo wheelchair access to elevated play structuresInadequate access to elevated play structuresLong, indirect route to playgroundSwings do not provide postural supportEVERGREEN PARK BEYOND ACCESSIBLE PLAY PROJECT - ADA SITE DEFICIENCIESCITY OF BREMERTONExtent of NewBeyond AccessiblePlaygroundNew ADA Access Path EVERGREEN ROTARY PARK INCLUSIVE PLAYGROUND: DEVELOPMENT SITE PLANRECREATION AND CONSERVATION OFFICE - WWRP LOCAL PARKS #12-1464CITY OF BREMERTON - PARKS AND RECREATION DEPARTMENTEXIT PLATECONCRETE RAMP BERM12032516162424323284040201048LH12K.P.1(2)(2)12'-7"9'-0"19'-112"40'-0"42'-9"45°156467CYCLER156454E-POD156462RINGTANGLESLALOM GLIDER156456156450SWIGGLE STIX176457ROLLER TABLE168100SENSORY PLAYCENTER WALL 168100SENSORY PLAYCENTER WALL 168100SENSORY PLAYCENTER WALL 168100SENSORY PLAYCENTER WALL 168100SENSORY PLAYCENTER WALL 168101SENSORY PLAYCENTER WALL END 168101SENSORY PLAYCENTER WALL EN D 177715COLOR SPLASH PANEL 177721RAIN SOUNDWHEEL PANEL 168666BONGO & XYLOFUNPANELS 168102ALPHAMAZE& LABYRINTHPANEL 168662MARBLEPANEL157107POWDERCOATED LEGS(UNCOATED CHAIN)8' 5000 SERIES2 MOLDED SEATS W/ HARNESS157108POWDERCOATED LEGS(UNCOATED CHAIN)ADDTL. 2 PLACES2 BELT SEATS8' 5000 SERIES157108POWDERCOATED LEGS(UNCOATED CHAIN)ADDTL. 2 PLACES2 MOLDED SEATS W/HARNESS8' 5000 SERIESBOW LADDER165533EVOS-TO-PLAYBOOSTERQUOTE WITH EVOS STRUCTURE160357FOUR ARCHESO-ZONEHEMISPHERE CLIMBER156232RAMP W/GUARDRAILAND CURBS (ASTM)138871SWAY FUN156232RAMP W/GUARDRAILAND CURBS (ASTM)156232RAMP W/GUARDRAILAND CURBS (ASTM)EXIT PLATECONCRETE RAMP BERM120325156232RAMP W/GUARDRAILAND CURBS (ASTM)12333340" ROLLERSLIDE128623CURB FORACCESSIBLE PANEL128623CURB FORACCESSIBLE PANEL127953PANELSPERM HANDHOLDW/HANDLOOPPOD CLIMBER156916128623CURB FORACCESSIBLE PANELREACH PANEL127440TRAIL TRACKERSLIDE145838LAVA RUNSLIDEWINDER2124863@ GRADEHOUSE PANEL115235116244PIPE BARRIER176078LOLLIPOPCLIMBER116244PIPE BARRIERW/WHEEL128623CURB FORACCESSIBLE PANEL128623CURB FORACCESSIBLE PANELREACH PANEL135731SOUND CHIMES164094BONGO REACHPANEL145839CRITTER CANYONCLIMBER128623CURB FORACCESSIBLE PANEL128623CURB FORACCESSIBLE PANELREACH PANEL135729PERISCOPEREACH PANEL127439NAVIGATORPOD156452WOBBLEPOD156452WOBBLE148637SEESAW 4-SEATS 111465STEP DECKPLAYSTRUCTURE120818SEAT130565TABLE PANEL(BELOW DECK)6"/8" RISE KICKPLATE(K.P.1) QTY. ()1219481173591OMNISPINSPINNERARCH #1ARCH #2ARCH #3 ARCH #4156467CYCLER156454E-POD156462RINGTANGLESLALOM GLIDER156456156450SWIGGLE STIX176457ROLLER TABLE168100SENSORY PLAYCENTER WALL 168100SENSORY PLAYCENTER WALL 168100SENSORY PLAYCENTER WALL 168100SENSORY PLAYCENTER WALL 168100SENSORY PLAYCENTER WALL 168101SENSORY PLAYCENTER WALL END 168101SENSORY PLAYCENTER WALL EN D 177715COLOR SPLASH PANEL 177721RAIN SOUNDWHEEL PANEL 168666BONGO & XYLOFUNPANELS 168102ALPHAMAZE& LABYRINTHPANEL 168662MARBLEPANEL157107POWDERCOATED LEGS(UNCOATED CHAIN)8' 5000 SERIES2 MOLDED SEATS W/ HARNESS157108POWDERCOATED LEGS(UNCOATED CHAIN)ADDTL. 2 PLACES2 BELT SEATS8' 5000 SERIES157108POWDERCOATED LEGS(UNCOATED CHAIN)ADDTL. 2 PLACES2 MOLDED SEATS W/HARNESS8' 5000 SERIESBOW LADDER165533165533EVOS-TO-PLAYBOOSTERQUOTE WITH EVOS STRUCTURE160357FOUR ARCHESO-ZONEHEMISPHERE CLIMBER156232RAMP W/GUARDRAILAND CURBS (ASTM)138871SWAY FUN156232RAMP W/GUARDRAILAND CURBS (ASTM)156232RAMP W/GUARDRAILAND CURBS (ASTM)156232RAMP W/GUARDRAILAND CURBS (ASTM)12333340" ROLLERSLIDE128623CURB FORACCESSIBLE PANEL128623CURB FORACCESSIBLE PANEL127953PANELSPERM HANDHOLDW/HANDLOOPPOD CLIMBER156916128623CURB FORACCESSIBLE PANELREACH PANEL127440TRAIL TRACKERSLIDE145838LAVA RUNSLIDEWINDER2124863@ GRADEHOUSE PANEL1152351162PIPE BARRIER176078LOLLIPOPCLIMBER116244PIPE BARRIERW/WHEEL128623CURB FORACCESSIBLE PANEL128623CURB FORACCESSIBLE PANELREACH PANEL135731SOUND CHIMES164094BONGO REACHPANEL145839CRITTER CANYONCLIMBER128623CURB FORACCESSIBLE PANEL128623CURB FORACCESSIBLE PANELREACH PANEL135729PERISCOPEREACH PANEL127439NAVIGATORPOD156452WOBBLEPOD156452WOBBLE148637SEESAW 4-SEATS 111465STEP DECKPLAYSTRUCTURE120818SEAT130565TABLE PANEL(BELOW DECK)6"/8" RISE KICKPLATE(K.P.1) QTY. ()1219481173591OMNISPINSPINNERARCH #1ARCH #2ARCH #3 ARCH #416162424323284040201048LH12K.P.1(2)(2)PLAYGROUND ENLARGEMENTNew ADA Parking Stalls & Accessible Connecting PathNew Accessible Connecting PathSeatwalls,Planters & DecorativeFencing Provide Safe EnclosureNew Beyond AccessiblePlayground (See Enlargement)Native VegetationProvides HabitatEnhacement along ShorelineEnhanced Park Entry and Parking ImprovementsInclusive Play Equipment &SurfacingUpgraded Site FurnitureNew Site FurnitureUpgraded Restrooms withChanging Tables EVERGREEN ROTARY PARK INCLUSIVE PLAYGROUND: PLAY AREA IMAGESRECREATION AND CONSERVATION OFFICE - WWRP LOCAL PARKS #12-1464CITY OF BREMERTON - PARKS AND RECREATION DEPARTMENT AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Community Forestry Grant Agreement with Department of Natural Resources for Evergreen Rotary Park Study Session Date: August 14th, 2013 COUNCIL MEETING Date: August 21st, 2013 Department: Parks Presenter: Wyn Birkenthal Phone: 473-5752 SUMMARY: The attached Community Forestry Assistance Grant Agreement with the Washington State Department of Natural Resources pays for the cost of shade and habitat trees at Evergreen Rotary Park. The grant is intended to demonstrate the use of trees to shade the shoreline, increase habitat values and filter storm water runoff from paved surfaces. The grant also pays for educational signage explaining the advantages of shoreline trees. This grant is a sister grant to the RCO grant for Evergreen Rotary Park improvements and the RCO grant serves as the local match for Community Forestry grant. The grant project helps Bremerton maintain its Tree City USA designation by planting species appropriate urban trees to publicly owned lands. ATTACHMENTS: Community Forestry Grant Agreement FISCAL IMPACTS (Include Budgeted Amount): Match is budgeted through: $36,300 Recreation and Conservation Office Grant. The total project budget is $447,900 comprised of: $211,350 RCO Grant; $160,850 Community Development Block Grant; $50,500 Cash Donations; $10,000 DNR grant and $15,200 of park crew labor. STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: I move to authorize the Mayor to finalize and enter into the Community Forestry Grant Agreement with Department of Natural Resources for Evergreen Rotary Park with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: 8/21/13 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check #’s 354729 through 354920 and EFT’s 13076 through 13117 in the amount of $1,784,611.35. 2) Regular Payroll for the pay period ending August 15, 2013 in the amount of $699,659.57. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – August 7, 2013 COUNCIL MEETING Date: August 21, 2013 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☒ No Presentation Planned ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, August 7, 2013 The Regular Meeting of the City Council of the City of Bremerton was called to order on Wednesday, August 7, 2013, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Adam Brockus, Leslie Daugs, and Jim McDonald. Council Member Wendy Priest was absent. Also present were Assistant City Attorney Mark Koontz; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Information Services Manager Kevin Matthew. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room, immediately following was the Council Meeting at 5:30 PM. The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Reverend Paul Meeker of Our Saviour’s Lutheran Church. President Wheeler announced that the screen will be repaired soon and will not be working for tonight’s meeting. MAYOR’S REPORT – Mayor Patty Lent… Announced a dress shop “Purpose” would be opening on 4th Street on Friday, August 9; Proclaimed the Week of August 5 – 9, 2013 as “Soccer Week”; with the proclamation accepted by West Sound FC Club Administrative Director Ben Pecora, who also reported on the Champion International Soccer Camp being held at Bremerton Memorial Stadium from August 5 to 9 with a group of very prestigious World Cup champions Fabio Cannavaro, Massimo Ambrosini, Massimo Oddo, and Alessandro Costacurta; Announced the Kitsap Health District would be hosting a Free Adult Vaccination Clinic from 10:00 AM to 3:00 PM on Wednesday, August 14 at the Sheridan Park Recreation Center; Proclaimed the Week of August 4 – 10, 2013 as “National Farmers Market Week”; with the proclamation accepted by Market Manager Julia Zander (Market Manager of the Year!) and Bremerton Farmers Market Board Vice-President Carolee Valentine, who also provided the highlights of the Market’s new programs; Brought forward Bob Battin to introduce this year’s 3 exchange students from Kure, Japan Kanako Matsutani, Mina Sasaki, and Genshi Toyota; and to thank the host families; Recognized Mick Hersey for his tremendous efforts in coordinating the recent “Hometown Improvements” project at NAD Park; and Commended Wastewater Manager Pat Coxon and his staff for receiving the City’s 9th “2012 Wastewater Treatment Plant Outstanding Performance” Award (and 8th in a row!) BRIEFINGS John Powers, Executive Director, Kitsap Economic Development Alliance (KEDA) provided s summary of the KEDA 2nd Quarter Report; and Senator Nathan Schlicher provided an update on legislative issues. PUBLIC RECOGNITION Mike Walton, Kitsap Family YMCA Marketing Director, highlighted upcoming events and programs at the “Y” in Bremerton. City Council Mtg. Minutes Wednesday, August 7, 2013 Page 2 of 3 Kurt Wiest, Executive Director for the Bremerton Housing Authority, invited the Council Members and community to attend the Bay Vista Senior Apartments Groundbreaking Ceremony on Wednesday, August 14 beginning at 2:30 PM near the intersection of Russell Road & Oyster Bay Avenue; and announced a building was recently purchased to allow the new Bremerton Housing Authority offices to relocate downtown. Robert Parker invited volunteers to help paint all the curbs around schools in Bremerton on Saturday, August 17 with the time still to be announced. Jeff Allen on the Board of Directors with the Kitsap Community Food Co-op provided a summary of the Board’s activities for the past few months, noting he will now be providing regular reports; and also announced there are some vacant Board seats available if anyone was interested in volunteering. Mike Strube, Executive Director of the Bremerton Chamber of Commerce, invited the community to attend the 2013 Thunderbird Awards Ceremony that will begin at 6:00 PM on Thursday, August 15 at the Admiral Theater, and announced this year’s winners, including the City’s Executive Assistant to the Mayor Elaine Valencia! Jerry McDonald thanked Wyn Birkenthal for the beautiful flower baskets installed around the Bremerton Boardwalk; announced a parking webinar would be held at the Bremerton Seefilm Theater at 9:00 AM on Friday; and discussed an article about a “frog hopper bus” being used on Bainbridge Island and hoped to see something similar in Bremerton someday. Paula Wildes discussed the lack of any mention of the new hotels in downtown Bremerton in advertising brochures found for tourists on the Washington State Ferries; and pointed out that a “blank” sign off of Treger Avenue would be a good place to note several of the many tourist attractions to be found in Bremerton. CONSENT AGENDA 6A – Claims & Check Register: Check Numbers 354492 through 354728, and EFT-13027 through EFT-13075 in the amount of $2,948,229.36; Regular Payroll for the pay period ending July 15, 2013 in the amount of $720,749.95; Retiree Payroll for the pay period ending July 31, 2013 in the amount of $56,227.27 Regular Payroll for the pay period ending July 31, 2013 in the amount of $725,021.03; and Moving Expenses for Police Chief Steven Strachan in the amount of $2,574.25 . 6B – Minutes of Meeting – July 17, 2013 6C – Minutes of Study Session – July 24, 2013 6D – Appointments of Colleen Smidt and Robert Parker to the “Pro” Committee; and Appointments of John Larson, Robin Henderson, and Bob Dollar to the “Con” Committee to prepare Ballot Measure Statements “for” and “against” the proposed City of Bremerton Charter Amendments 6E – Interlocal Agreement with Kitsap County Fire Chiefs Association 6F – Professional Services Agreement with Systems Design West, LLC for Ambulance Billing 6G – Purchase and Sale Agreement for property at 1116 Charleston Beach Road 6H – Purchase of Light Fixtures from Graybar for the Harborside Parking Facility 6I – Interlocal Agreement with Bainbridge Island for Traffic Signal Maintenance There were no comments from the public… City Council Mtg. Minutes Wednesday, August 7, 2013 Page 3 of 3 06:52:05 Motion was made by Daugs; and seconded by Arends… Comments from the Council were received by Daugs (thanked the volunteers for the Pro & Con Committee) and McDonald (who stated that he would abstain from this vote due to an appearance of conflict with Item 6G) 06:53:55 M/S/C (Daugs/Arends) Move to approve the CONSENT AGENDA as presented. Voted in favor of Motion: Daugs, Brockus, Flemister, Arends, Younger, Wofford, Wheeler Abstained: McDonald Motion carried: 7-Yes; and 1-Abstention GENERAL BUSINESS – There were no General Business items… COUNCIL MEMBER REPORTS Jim McDonald reported on his attendance at the Gorst Creek Watershed Advisory Committee meeting earlier this afternoon. Adam Brockus announced the final two Music in Manette Free Summer Music Concerts would be from 6:30 to 8:30 PM at the Whitey Domstad Vista Park and will feature the “Bremerton Navy Jazz Band” on August 8 and “Tumbledown” on August 15. Nick Wofford was disappointed at the poor turnout of voters for the recent Primary Election; and reiterated his hope to see more people volunteer in their community. Greg Wheeler looked forward to the Union Hill Neighborhood-Wide Garage Sale on Saturday, August 10 from 9:00 AM to 3:00 PM, and noted that maps would be available at the Community of Christ Church Memorial Lutheran Church. EXECUTIVE SESSION – Council convened for a 10-Minute Executive Session to discuss “Potential Litigation” per RCW 42.30.110 (1) (i); and action would be taken… 07:10:00 M/S/C/U (McDonald/Daugs) Move to authorize the City Attorney’s Office to initiate a lawsuit to abate code violations at 806 Cherry Court, Bremerton, WA; and seek reimbursement for any costs associated with the abatement. President Wheeler announced that the Transportation Benefit District (TBD) Board would be holding a regular meeting in the Meeting Chambers following a brief recess. W ith no further business, President Wheeler adjourned the Council Meeting at 7:11 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Assistant Attest: ________________________________________ SHANNON CORIN, City Clerk ________________________________________ GREG WHEELER, City Council President GW :SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – August 14, 2013 Study Session Date: COUNCIL MEETING Date: August 21, 2013 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473-5280 SUMMARY: Attached is the summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, August 14, 2013 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, August 14, 2013, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald. Legislative Assistant Lori Smith was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the August 21, 2013 Council Meeting Agenda or as indicated. A. NO PRESENTATION ITEMS – The following items are budgeted items or have already been reviewed by the appropriate Council Committee: 1. Purchase or Lease of four (4) Parking Citation Handheld Devices Postponed to August 28 2. Purchase of an Emergency Generator for Pump Station KL-2 from Cummins Northwest LLC Consent Agenda 3. Resolution to allow the transfer of 5-feet of City Property to Right-of-Way along Taft Avenue and 19th Street Consent Agenda 4. Award Goods & Services Agreement to Olson Brothers Pro-Vac LLC of Puyallup Consent Agenda B. FULL PRESENTATION ITEMS 5. Summary of 5-Year Audit Report and Current Status – Gary Nystul, Internal Auditor Information only 6. Award Consultant Contract to Grey & Osborne, Inc. for the Design of the Lower Wheaton Way Project General Business 7. Recreation & Conservation Office (RCO) Grant Agreement for Evergreen Rotary Park Improvements (Inclusive Playground and ADA accessibility) General Business 8. Community Forestry Grant Agreement with Department of Natural Resources (DNR) for Evergreen Rotary Park Improvements (Shade and Habitat Trees) General Business C. GENERAL COUNCIL BUSINESS 1. Audit Committee Briefing (8/08/13 Meeting) – Carol Arends, Chair 2. Public Works Committee Briefing (8/13/13 Meeting) – Adam Brockus, Chair 3. Public Safety & Parks (PSP) Committee Briefing (8/14/13 Meeting) – Leslie Daugs, Chair 4. Other General Council Business D. ADJOURNMENT OF STUDY SESSION City Council Study Session Minutes Wednesday, August 14, 2013 Page 2 of 2 E. EXEMPT CLOSED SESSION – Update on “Labor Negotiations and Proceedings” per RCW 42.30.140(4) (b) with Charlotte Belmore, Human Resources Manager; and Becky Hasart, Financial Services Director Information Only F. RE-OPENED STUDY SESSION President Wheeler reopened the Study Session to inquire about a possible continued discussion on 2014 Council Goals, but it was determined that more time would be needed by Council Members to submit their final suggestions. With no further business, President Wheeler adjourned the Council Study Session for the final time at 7:15 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Assistant Attest: ________________________________________ SHANNON CORIN, City Clerk ________________________________________ GREG WHEELER, City Council President GW :SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Emergency Generator for Pump Station KL-2 Study Session Date: 8/14/13 COUNCIL MEETING Date: 8/21/13 Department: PW&U / WWTP Presenter: Pat Coxon Phone: 360-473-5448 SUMMARY: The current emergency generator at pump station KL-2 has been in operation since 1976, and we can no longer obtain repair parts for the electronic controls. We received three proposals for the replacement of the emergency generator. Cummins Northwest was the lowest responsive proposal for the supply of the new emergency generator, fuel tank and transfer switch, at a cost of $44,851 (including tax & freight). ATTACHMENTS: Cummins Northwest proposal for the emergency generator. FISCAL IMPACTS (Include Budgeted Amount): This purchase is budgeted through the WW Capital Budget of $85,000 for the replacement of the emergency generator at KL-2. The total purchase price for the generator, fuel tank and transfer switch is $44,851 (including tax & freight). BARS# 594.35325 STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of an emergency generator, fuel tank and transfer switch from Cummins Northwest LLC, in the amount of $44,851 (including tax & freight). COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3201 to allow transfer of 5-feet of City Property to Right of Way along Taft Avenue and 19th Street Study Session Date: 8/14/13 COUNCIL MEETING Date: 8/21/13 Department: PW & U – Engineering Presenter: Chal Martin Phone: 360-473-5920 SUMMARY: As part of the storm water improvements and future recreational uses of the Anderson Cove property, the City’s construction project requires the relocation of several utility poles and construction of sidewalks along Taft Avenue and 19th Street. These features of the project are more appropriately frontage improvements and should be constructed in street right of way. There is insufficient space for these improvements in the current right of way and an additional five (5) feet needs to be dedicated from the City property. ATTACHMENTS: 1.) Resolution No. 3201 2.) Exhibit FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3201 to allow transfer of City Property to Right of Way along Taft Avenue and 19th Street designating the additional five feet along the property frontage as right of way. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 Filed for Record at Request of: When Recorded Return to: City of Bremerton City Clerk 345 Sixth Street, Suite 600 Bremerton, WA 98337 Document Title: Resolution Project Name: Transfer city owned property to the right-of-way for City street system Developer Name: City of Bremerton Location: Taft Avenue and 19th Street Tax Parcel # 112401-3-076-2007 and 112401-3-091-2008 Abbreviated Legal Description: Portion of Government Lot 6, (SW ¼, SW ¼), Section 11, Township 24 N, Range 1 E; W.M., situate in Kitsap County, Washington. RESOLUTION NO. 3201 WHEREAS, the City of Bremerton owns property at the northeast corner of 19th Street and Taft Avenue, and WHEREAS, the City of Bremerton Department of Public Works and Utilities will be improving the property for storm water and recreational uses, and WHEREAS, in order to make these improvements, additional property for right of way is needed. BE IT RESOLVED BY THE BREMERTON CITY COUNCIL, that the following described City of Bremerton property be designated as part of the right-of-way of the City of Bremerton road system: The west five (5) feet and the south five feet of the following described parcels: PARCEL I PART OF GOVERNMENT LOT 6, SECTION 11, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. IN KITSAP COUNTY WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING 753.40 FEET EAST AND 30 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 11; THENCE NORTH 100 FEET; THENCE EAST TO MEANDER LINE; THENCE SOUTH ALONG SAID MEANDER LINE TO A POINT DUE EAST OF THE POINT OF BEGINNING; THENCE WEST TO THE POINT OF BEGINNING. EXCEPT THE EAST 60 FEET THEREOF. PARCEL II THE EAST 60 FEET OF THAT PART OF GOVERNMENT LOT 6, SECTION 11 DESCRIBED AS FOLLOWS: BEGINNING 753.40 FEET EAST AND 30 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION 11; THENCE NORTH 100 FEET; THENCE EAST TO THE MEANDER LINE; THENCE SOUTH ALONG SAID MEANDER LINE TO A POINT DUE EAST OF THE POINT OF BEGINNING; THENCE WEST TO THE POINT OF BEGINNING. PASSED by City Council of the City of Bremerton this ____ day of ____________, 2013. _________________________________ GREG WHEELER, Council President APPROVED this ______ day of _______________, 2013. _________________________________ PATTY LENT, Mayor ATTEST: ___________________________ SHANNON CORIN, City Clerk Approved as to form: ___________________________ ROGER LUBOVICH, City Attorney AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Award Goods & Services Agreement to Olson Brothers Pro-Vac LLC of Puyallup Study Session Date: 8/14/13 COUNCIL MEETING Date: 8/21/13 Department: PW&U Presenter: Martin & Hamilton Phone: 473-5758 SUMMARY: Sewer manholes located on the shoreline are covered most of the time with saltwater. These are critical components to the sewer system and are hard to maintain because of the inability to access them due to the changing tide levels. The sealing of these manholes will eliminate saltwater infiltration and will slow the deterioration of the manhole structures. Epoxy products will not work in this environment, the only product that will work in this application is Strong Seal which is a calcium aluminate. Olson Brothers Pro-Vac LLC located in Puyallup, WA are the only contactors in the state to apply this product, they are on the State Bid List and Small Works Roster. The cost submitted by Pro-Vac is $25,000 + tax = $27,150 Contractor was authorized to proceed with the repair before Council approval; the project was completed during the low tides for access to the manholes with a reduction of 50 to 60 per cent of inflow of saltwater infiltration after completion of the maintenance project. ATTACHMENTS: 1) Agreement 2) Invoice & Specifications FISCAL IMPACTS (Include Budgeted Amount): Included in the 2013 Wastewater Capital budget listed as Saltwater Infiltration Elimination for $75,000. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to ratify the Pro-Vac goods and services agreement. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Consultant Contract Award for Design of the Lower Wheaton Way Project to Grey & Osborne, Inc. Study Session Date: 8/14/13 COUNCIL MEETING Date: 8/21/13 Department: PW & U Presenter: Chal Martin Phone: 360-473-5758 SUMMARY: The City received funding from the Transportation Improvement Board (TIB) to make bicycle and pedestrian improvements on Lower Wheaton Way from the Manette Bridge to Lebo Boulevard. The project includes revising the current roadway section from the current 18-foot drive lanes and sporatic sidewalk, to 12-foot drive lanes with 5-foot bike lanes, landscaping, stormwater, sanitary and water main improvements, and a continuous sidewalk on the waterside which will continue the bridge-to-bridge urban trail. The City requested proposals from five consultants, of which three interviewed and Grey & Osborne was selected as the designer. ATTACHMENTS: 1) Summary 2) Agreement FISCAL IMPACTS (Include Budgeted Amount): This project is grant funded with a 20% City match for the street improvements, and the respective City utilities reimbursing for their portion of the work. STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the consultant contract with Grey & Osborne, Inc. for the design of the Lower Wheaton Way Project 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 Form Updated 01/25/13