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Home My WebLink About05/21/2014 AGENDA i I :y CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 MAY 21, 2014 CITY COUNCIL MEETING AGENDA 1. BRIEFING 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — May 7, 2014 C. Minutes of Study Session — May 14, 2014 D. Professional Services Agreement with FCS Group to conduct a General Facilities Charge and Fee Study for the City of Bremerton E. Purchase for replacement of one 2014 JD -6105 Tractor with a mid -mount 22' Boom Mower from Sonsray Machinery of Auburn, WA F. Purchase for replacement of one 2015 Ford F550 44 Service Truck for the Water Department from Cobalt Truck Equipment of Spokane, WA G. Contract Award to JCI Jones Chemicals, Inc. for purchase of 12.5% Bulk Sodium Hypochlorite Solution for the Westside Wastewater Treatment Plant H. Additional Rate Advancement for Kevin Matthew, Information Services Manager I. Appointment of Michael Riley, Jr. as the Assistant Director of Financial Services at a Step higher than Rate 1 in Pay Band 16 of the 2014 City of Bremerton Management Salary Plan J. Grant Agreement with the State of Washington Recreation & Conservation Office (RCO) for Kiwanis Park Phase II Improvements K. Contract Award to Pivetta Brothers Construction, Inc. for Construction of the "Evergreen Rotary Park Renovation" Project 6: PUBLIC HEARING A. Public Hearing on Resolution No. 3219 to approve the 2015 Bremerton / Kitsap County Block Grant (CDBG) Policy Plan and 2015 Kitsap Coordinated Grant Notice of Funding Availability 7. GENERAL BUSINESS A. Consultant Contract Award to Parametrix, Inc. for the Design of the "Washington Avenue Sidewalk Connector" Project B. Contract Award to DP Wain Construction, Inc. for Upgrades to Glenn Jarstad Aquatic Center 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING The Bremerton Transportation Benefit District (TBD) Board will meet after a brief recess... Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 at least 24 -hours prior to the Meeting. fir: •il� `r�/' -_ dpi � ♦ :� - , 1 � ` 4 r N � ■ � «Irk .£J .. .. • "/ v /lopoo 'Ti Ate now t X . ' - • `/ ♦ � it h.. r � t �'V r. 1 MAY - � ♦ H _ ! X y r i Saturday and Sunday May 24 and 25 20 Bremerton Marina & Boardwalk Downtown Bremerton, Port Orchard Marina & Park Lost Bons Pirates at the .KidZone. Kitsap Car Cruz, Vendors, Seagull Splad R.nn. Seagull Calling Festival, Wings Cook -off, Historic Military Vehica.l Show. Fathoms O' Fun Events Fun for the whole familyl j l�armrrr' l�fnrke4 E- fliertain. 7 4 Nfusrc, yendom. FmA.Beer Ga.rrlews, and mar(►'r rr>are? Premier Media Sponsor � (�7 caxr+Etnan SKO.OBtTM ; ' PIRiiu �.YSIrC[e SIrltf 7 - �. KibsA'p Sun � WfLV4e i 4+ ® , BROADBAND SPWW .6 W C ari Ckyaf FESTIVAL Full schedide of events available • s ti x r E7 J, %'i i7;r',ii / •�f• ' � �'! , ��9Z' [ � � h F � r� run �.`1t.�iil�= ( l� t "ti%r � r y . t •. .' J c• t / a• „ },:Sunda I lVla 25tf� 5A :�, P 1.2 a�t� oia us -as we celebrate the upcoming 14I ®: an 0110 1 1 . tri�+afi`; 0 our a llen heroes and their familit.s., d o -!rl/ .- W. - 0, -,, Rp- K T""F • • • & F*IR-"E- �w Warri S� J,,, e MC — Mayor Patty Lent e Keith Highlander's Pipe Band e Sinclair Baptist Church Choir e Suquamish .. * Navy Junior •O Da le Nitz Museums: Sch Team — Bremerton High Key board - Vietnam War Roberta Da niel Saturday, May 24 — Cub Scouts and Girl Scouts will place flags in the park at 00 am Miller - Woodlawn Funeral Home & Memorial Park 5505 Kitsap Way, Bremerton, WA 98312 www.miller- woodlawn.com You are invited to The Red Cross Experience A Red Cross Community OPEN HOUSE Join us on Friday, June 6 F i from 4 p.m. — 7 p.m. 1 - i 811 Pacific Avenue Bremerton S ri Activities include: • Red Cross shelter experience • Opportunity to sample a shelter meal (FREE!) - • F RE E emergency preparedness activities and giveaways �• -- -�— (limited quantities) �_,_•._;:,,,� e ---- -� ;= _ ...:crrro�ri � • FREE hotos with "ERV" (Emergency Response Vehicle) P 9 Y P i� �- • t local firefighters & see a Bremerton Fire Department -''` •+' Mee � .. fire engine up close!M..�', _ J • Fun, FREE kids' activities and more! ' --' June 6 is Bremerton's First Friday Art Walk so make your way_ _ downtown for all the fun and festivities, check out the newly renovated Pacific Avenue, and come by to experience the American Red Cross! Sponsored by For more information, contact: 360 -377 - 3761` or visit www.redcross.org /wa /seattle Bremer Trust 7 7- 1 ,tom •` -' w ' ` • f :I �` 7 "' _'k,f'�/ ..� 5� l �� "` 'f •, {{{{ � •• tip. A b- -��1, r af t• �iti�� ;',� l`,� AT ` o; � +<`•;; y. � y,� /•!r`3f .'. ?. ..'•.�� Iv •i',:. 1 ' Z r i % �' • -�<�',�.� • i 1 1 ti� �.• A , r �t•�!',. f, � C . .• r � 1. � r ' � r - ` : a r �� .v 1. t �ti�� } �'� � -•► a �l,' r ' + t rp t o r r . r�, , yy ' � +, ,1 . �_ i �.7.� I � r . t �� ' !� A a. i T � 1 , � r10 r � •; � �' �� • .• �-eh� ` 1 ,� ( �: �_`�� . •Tar t,•`t .' ti 4 � � �e � , �a��,'a f r L , � - I ` , �.! • (r �• �,. ` �' �R' .'� o•_.a I.l 1 ,.�,,q • o �p _ :�: '� . �� • R \' a 7� ` �\ � -, '�.• ' •• I M k �'` r } 1` j v 1 �L •` '�, , •� 1r , t `Y�` 4 ?1t• - < ht�.•�� ^ Y y,� {" ` 1�W \� `` 4'. ~� �. -.r-. - •! I .) l,�y' /�• ` 1 I C I � 1 � �t'c , ^��j �.. � `\ �. / �i� `\ ��'4�, 1l` ✓ 2 r r } ,� f i ,) �` 1 �' Ak � s`Y : <I,, a i r.� �.,.' - �� ! ?it•' f �' ` S .n'it: ` ; h.' F �. 'I + L'�k :i,'F. •. r . , :.` '}y; 1 ;��5 �_ �. .1 r •_.� I �� ' ' • � ,�.y4, +i� y,,Zt4,. +.'ti ^'l �': '� ^te �.�,�`�'. ` _ � , j r' �(ti (` f ..� * � ��.��'•, � ��` i v AA AW / ti ' s ' � ' �� ,0 7 �� i�L1,� ?' / T�� "�15�� ' •• + i' , i �• ' �L 1 �t : vJ t ` < < .:l �1 �t' 1,$� l� :.,' �� . r ,� ; r_ � ��.�., ` ,1 , J � �} • .� •��1 J. x s is Saturday, May 24, 2014 (Every 4 t" Saturday) 10:00 AM Meet up at the dock Point of Contact: Rick at (360) 373-0282 At•V. / . �, � ��f, � _fie. �! � . � ,�."�; :��•} ` Y4J� ��r-� ^'r �_ , /� / /*�?�_ �y� �1��•r:: �r u... I x ,�y, ,��;i aG '�.-•fL N 7 ..'�.� �_t ' � � 7 �.. .�'' it . • �, .(� i k- y. ,t ? Lions Park was given an environmentally friendly makover in 201 & 201 The 1/3 mile long park beach was planted with 50+ trees, 250 grosses and approximately 1,200 shrubs. With limited funding for maintenance and weed killers being banned along the waterfront, the beach became � � „.� ` ' - 1, ,� �• .'��,�y -_ y,-. 9 overgrown OCCO3 _ _- h d no p reven t _ we the year, the weed war could be won. Many born. If many volunteers could each maintain •• _ small beach lot throughout 4 4k� 11 ..l -� i I Council Member Dino Davis will host a District S Meeting nursday, May, 22, 2014 6:30 PM Program Includes: The State of District 5 Meet Joe Sexton BPD Community Resource Specialist This meeting will be held at Chet 's Place Restaurant 610 N. Callow Avenue All City ofBremerton residents are welcome to attend. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT & YOU WISH YOUR NAME TO BE INCLUDED IN THE RECORD � �• ,�a�ob Uhr4-c� -� 0 acA REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU 5A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: 5/21/14 Department: Financial Services Presenter: Shannon Corin Phone: 473 -5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check #'s 358237 through 358433 and EFT's 13821 through 13862 in the amount of $1,660,676.36. 2) Regular Payroll for the pay period ending April 30, 2014 in the amount of $5,198.13. 3) Regular Payroll for the pay period ending May 15, 2014 in the amount of $708,078.45. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ❑x No Presentation ❑ 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 01/25/13 AGENDA BILL 58 CITY OF BREMERTON CITY COUNCIL ......................................................... ............................... SUBJECT: Minutes of Meeting — Study Session Date: N/A May 7, 2014 COUNCIL MEETING Date: May 21, 2014 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473 -5280 SUMMARY: Attached is the summary of the City Council Meeting May 7, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: px 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 MEETING MINUTES Wednesday, May 7, 2014 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, May 7, 2014, 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 Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Also present were Assistant City Attorney Mark Koontz; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthews, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Mike Sullivan followed by the invocation provided by Pastor Oliver Warren of Eagles' Wings Fellowship Church. BPD SWEARING -IN CEREMONY Police Chief Steve Strachan welcomed Judge James Docter who then performed the Oath of Office and Swearing -In Ceremony for new Bremerton Police Officer Jacob Switzer MAYOR'S REPORT — Mayor Patty Lent... • Congratulated citizens after the City of Bremerton was recognized by the Wyland Foundation for placing 1 nationwide for medium -sized cities in the Mayor's Conservation Challenge; • Introduced Caroline Stein who brought forward the elementary students who placed at the recent Washington State Science & Engineering Fair to receive Mayor Appreciation Awards; • Read a Proclamation to proclaim the Month of May 2014 as "Foster Care Month; • Announced that there will be a Groundbreaking Ceremony for the Beyond Accessible Playground on Saturday, May 10 at 9:00 AM at Evergreen Rotary Park; • Read a Proclamation to proclaim Sunday, May 18 as "The Brothers Power Sports Motorcycle Ride & Bike Show Day ", indicated all proceeds will benefit the Washington Youth Academy, and announced following the event would include a complimentary BBQ; • In recognition of the 45 year of Bremerton's Sister City Program, a delegation from Kure, Japan will be in Bremerton for several events, including the Bremerton -Kure Sister City Banquet on Saturday, May 17 at 7:00 PM at the Kitsap Conference Center; • Read a Proclamation to proclaim the Month of May 2014 as "Building Safety Month, which was accepted by Jeannie Vaughn the City's Building Official, who announced the 4 Annual "Bolt It — Brace It —Do It" Home Retrofit Class on Friday, June 6 from 9:00 AM to 1:00 PM; • Announced as part of June's First Friday Art Walk events, the American Red Cross will host a Community Open House on Friday, June 6 from 4:00 to 7:00 PM at 811 Pacific Avenue; • Proclaimed the May 17, 2014 as "Kid's Park Day ", displayed photos from recent events held in City Parks; and introduced Wyn Birkenthal Parks & Recreation Director, who announced the return of "Fun at the Playgrounds" from July 7 to August 8 from 11:00 AM to 2:00 PM; _ • Looked forward to seeing long -time City employee Cathy Johnson appointed as the City's Financial Services Director later on the Agenda; • Explained why the City had two separate events related to the 10 Anniversary of the Kitsap Conference Center at Bremerton Harborside; and • Read a Proclamation to proclaim the week of May 11 to 17, 2014 as "National Police Week ", which was accepted by Police Chief Steve Strachan • Police Chief Steve Strachan introduced Pastor David Stewart of Mount Zion Baptist Church, and thanked him for serving as Volunteer Chaplain to the Bremerton Police Department; • Provided a monthly update of the Bremerton Police Department; and • Invited the Council Members and the community to attend the Kitsap Law Enforcement Memorial on Thursday, May 15 at 2:00 PM at Miller-Wood lawn. City Council Reg. Mtg. Minutes Wednesday, May 7, 2014 Page 2of4 PUBLIC RECOGNITION John Hanson President of the USS Turner Joy, presented an update on activities over the past year. Robert Parker expressed his concerns about the Pacific Avenue project. Deirdre McKeel referred to the announcement made at the last meeting by Taylor Neimy, and reiterated the "March against Monsanto" to be held at Evergreen Rotary Park on Saturday, May 24 at 1:00 PM. CONSENT AGENDA 6A — Claims & Check Register: Check Numbers 357937 through 358236, and EFT -13772 through EFT -13820 in the amount of $2,642,712.18; Regular Payroll for the pay period ending April 15, 2014 in the amount of $731,368.43; Regular Payroll for the pay period ending April 30, 2014 in the amount of $701,679.16; and Retiree Payroll for the pay period ending April 30, 2014 in the amount of $54,067.13 619 — Minutes of Meeting — April 16, 2014 6C — Minutes of Study Session — April 23, 2014 6D — Minutes of Special Meeting (Study Session) — April 30, 2014 6E — Extension of Interlocal Agreement between the City of Bremerton and Kitsap County Administrative Services for Court Security Services 6F — Purchase for Replacement one 2014 North Star Ambulance from Braun NW, Inc. 6G — Confirmation of Appointment of Catherine Johnson as the Director of Financial Services 6H — Appointment of Stuart Nethery to the Planning Commission 61— Appointments to the CDBG /HOME Grant Recommendation Committee (Jordy D. Andrew and Carolyn F. Neal to the Capital Committee; and Bryant V. Smith and Elle A. Culver to the Public Services Committee) 06:33:20 Motion was made by Younger and seconded by Daugs; Comments were provided by Runyon... 06:34:20 M /S /C (Younger /Daugs) Move to approve the CONSENT AGENDA as presented. Voted in favor of Motion: Sullivan, Daugs, McDonald, Davis, Younger, Wheeler Voted opposed to Motion: Runyon Motion carried: 6 -Yes; 1 -No GENERAL BUSINESS 7A — INTERLOCAL AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP NOXIOUS WEED CONTROL BOARD Chal Martin Public Works & Utilities Director, summarized that this agreement will enable the Noxious Weed Control Board to assist the City in developing an integrated vegetation management plan, and also assist the City to physically control noxious weeds within City right -of -way and other City property. Dana Coagon Noxious Weed Coordinator provided additional information. Comments from the public were provided by Deirdre McKeel 6:37:35 Motion was made by Daugs and seconded by Sullivan ... Questions and comments were provided by Daugs and Runyon; with responses provided by Ms. CoQQon 06:43:54 M /S /C /U (Daugs /Sullivan) Move to approve the Agreement between the Kitsap Noxious Weed Control Board and the City of Bremerton; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. City Council Reg. Mtg. Minutes Wednesday, May 7, 2014 Page 3 of 4 713 — RESOLUTION NO. 3218 PLACING ON THE AUGUST 5, 2014 BALLOT A CONTINUATION OF THE EMERGENCY MEDICAL CARE & SERVICE LEVY FOR A SIX -YEAR PERIOD Fire Chief All Duke explained that the Bremerton Fire Department provides Emergency Medical Care to the citizens of Bremerton. The "Rescue One" program is funded through a property tax of $0.50 per thousand (dollars) of assessed valuation, and this property tax has to be renewed every six years. He clarified that this is not a new tax, but a continuation, otherwise the funding stops. There were no questions or comments by the public... 06:46:45 Motion was made by Runyon and seconded by Daugs ... Questions and comments were provided by Runyon and Daugs; with responses provided by Fire Chief Duke ... 06:50:10 M /S /C /U (Runyon / Daugs) Move to adopt Resolution No. 3218 setting forth a property tax levy to fund emergency medical services for submission to voters at the August 5, 2014 Primary Election. 7C — APPOINTMENTS TO COMMITTEES TO WRITE STATEMENTS "FOR" (CARY BOZEMAN, SCOTT BOSCH, AND KAREN MCKAY BEVERS) AND "AGAINST" EMERGENCY MEDICAL CARE AND SERVICES BALLOT MEASURE Fire Chief All Duke explained that the City Council is required to formally appoint Committees to write statements "For" and "Against" the Emergency Medical Care & Services Ballot Measure for the Kitsap County Primary Election Ballot. A ballot measure on whether the City of Bremerton shall be authorized to continue its emergency medical care services property tax levy at fifty ($.050) per one thousand dollars ($1,000) of assessed valuation for each year for six (6) consecutive years commencing in 2014 will be a ballot measure during the August 5, 2014 election. Each committee may have up to three (3) members. However, a committee may seek advice of any person in preparing their statement(s). There were no questions or comments by the public... 06:53:47 Motion was made by Runyon and seconded by Younger... Comment was provided by Davis 06:54:28 M /S /C (Runyon/Younger) Move to appoint Cary Bozeman, Scott Bosch, and Karen McKay Bevers to the "For" Statement Writing Committee for the Emergency Medical Care & Services ballot measure; and Robert Parker, Deirdre McKeel, and Bob Dollar to the "Against" Statement Writing Committee for the Emergency Medical Care & Services Ballot Measure. Voted in favor of Motion: Runyon, Younger, Sullivan, Daugs, McDonald, Wheeler Voted opposed to Motion: Davis Motion carried: 6 -Yes; 1 -No 7D — CONTRACT AWARD TO STAN PALMER CONSTRUCTION FOR CONSTRUCTION OF LOWER WHEATON WAY "BRIDGE TO BRIDGE" URBAN TRAIL PROJECT Chal Martin Public Works and Utilities Director, summarized that the Lower Wheaton Way project constructs nearly a mile of the City's bridge to bridge trail in East Bremerton. The project is multi- faceted, and includes an overlay of the entire roadway, reconstruction of the intersections at Marlow and Winfield Avenues, elimination of the traffic signals at Lebo Boulevard, and construction of new sidewalks on both sides of the street. The most prominent project feature is the 10 -foot wide sidewalks on the water side of the street. In total, the City is leveraging over $2.1 million in grant funds, of which $250,000 are from the Transportation Benefit District. In addition, utility funds are included for replacement of utilities within the project area. The City advertised the project on April 1 st and received 4 bids on April 22 "d . The apparent low, responsive, responsible bidder was Stan Palmer Construction for $3,440,192.94, including sales tax. There were no questions or comments by the public... City Council Reg. Mtg. Minutes Wednesday, May 7, 2014 Page 4of4 06:56:15 Motion was made by Sullivan and seconded by Davis... Questions and comments were provided by Davis and Runyon; with a response provided by Mr. Martin 07:02:05 M /S /C /U (Sullivan /Davis) Move to approve the bid for construction of the Lower Wheaton Way "Bridge to Bridge Urban Trail" Project; and authorize the Mayor to finalize and execute the agreement with Stan Palmer Construction, in the amount of $3,440,192.94, with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Leslie Daugs reminded citizens about Stamp out Hunger Food Drive through the US Postal Service on Saturday, May 10; mentioned the Armed Forces Day Parade on Saturday, May 17 in downtown Bremerton; and thanked Habitat Humanity for the recent "Women's Build" event. Jerry McDonald pointed out the relocation of The Weekender and The Bike Shop to larger locations in Manette, and the opening of The Honor Bar above the Scout Cafe across the street from the Evergreen Rotary Park; and the 2 nd Saturday of every month the Rock It Roost will be sponsoring "Cruisin Bremerton" beginning at 7:00 PM at the Kitsap Bank located at the corner of 6' Street & Pacific Avenue. Dino Davis invited the public to attend the next District 5 Community Meeting on May 22 beginning at 6:30 PM at Chet's Place located at 610 North Callow Avenue with guest speaker Community Resource Specialist Joe Sexton; and reported on the successful Cinco de Mayo event on Callow Avenue. Roy Runyon thanked Chance Berthiaume and all the volunteers who helped with the Dyes Inlet Clean- up and announced the next event would be held in September; invited the public to view the bi -fuel SUV that would be displayed by Blue Star Gas at the Norm Dicks Government Center tomorrow (Thursday), May 8 at 3:00 PM; reported on the topics discussed at the Public Works Committee meeting held last night; and looked forward to the next Finance Committee meeting on Tuesday, May 27 at 4:30 PM. Greg Wheeler was pleased to see 400 citizens show up for the first Easter Egg Hunt held at Kiwanis Park; was glad the City's Parks Department was able to bring back the "Fun at the Playgrounds" 5 -week summer program for children in Bremerton; and hoped to see a good turnout at the Groundbreaking Ceremony for the Beyond Accessible Playground at Evergreen Rotary Park on Saturday, May 10. With no further business, President Wheeler adjourned the Council Meeting at 7:15 PM. P3Z d d Submitted by: � LORI SM ITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL 5C CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session — Study Session Date: N/A May 14, 2014 COUNCIL MEETING Date: May 21, 2014 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473 -5280 SUMMARY: Attached is the summary of the Study Session May 14, 2014. 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, May 14, 2014 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 6` Street, Bremerton, Washington, Wednesday, May 14, 2014, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Christine Grenier, Council Assistant, 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; no action was anticipated; and announced that approved items by Council will be placed on the May 21, 2014 Council Meeting Agenda; or as indicated. A. INFORMATION BRIEFING 1. Gorst Urban Growth Area (UGA) Annexation Fiscal Analysis — Andrea Spencer, Community Development Director; and Emmy McConnell, with Berk Consulting B. NO PRESENTATION PLANNED — The following items are budgeted items or have been reviewed by the appropriate Council Committee... 2. Professional Services Agreement with FCS Group to conduct a General Facilities Charge and Fee Study for the City of Bremerton (Consent Agenda) 3. Purchase for replacement of one 2014 JD -6105 Tractor with a mid -mount 22' Boom Mower from Sonsray Machinery of Auburn, WA (Consent Agenda) 4. Purchase for replacement of one 2015 Ford F550 44 Service Truck for the Water Department from Cobalt Truck Equipment of Spokane, WA (Consent Agenda) 5. Contract Award to JCI Jones Chemicals, Inc. for purchase of 12.5% Bulk Sodium Hypochlorite Solution for the Westside Wastewater Treatment Plant (Consent Agenda) 6. Additional Rate Advancement for Kevin Matthew, Information Services Manager (Consent Agenda) 7. Appointment of Michael Riley, Jr. as the Assistant Director of Financial Services at a Step higher than Rate 1 in Pay Band 16 of the 2014 City of Bremerton Management Salary Plan (Consent Agenda) 8. Grant Agreement with the State of Washington Recreation & Conservation Office (RCO) for Kiwanis Park Phase II Improvements (Consent Agenda) C. BRIEFINGS & FULL PRESENTATIONS 9. Proposed Public Hearing and Resolution to approve the 2015 Bremerton / Kitsap County Block Grant (CDBG) Policy Plan and 2015 Kitsap Coordinated Grant Notice of Funding Availability (NOFA) (Public Hearing) President Wheeler called a recess from 6.40 to 6:50 PM.... 10. Consultant Contract Award to Parametrix, Inc. for the Design of the "Washington Avenue Sidewalk Connector" Project (General Business) City Council Special Meeting Minutes Wednesday, May 14, 2014 Page 2 of 2 11. Contract Award to Pivetta Brothers Construction, Inc. for Construction of the "Evergreen Rotary Park Renovation" Project (Consent Agenda) 12. Contract Award for Pool Upgrades at the Glenn Jarstad Aquatic Center (General Business) Loren Johnson, Property Management and Facility Development Director for Kitsap- Pierce YMCA was available to answer additional questions... D. GENERAL COUNCIL BUSINESS • Public Works Committee Briefing (5106114 Meeting) — Dino Davis, Chair • Audit Committee Briefing (5108114 Meeting) — Leslie Daugs, Chair • Public Safety and Parks Committee Briefing (5114114 Meeting) — Leslie Daugs, Chair • Other General Council Business was discussed. With no further business, President Wheeler adjourned the Council Study Session at 8:17 PM. Prepared and Submitted by: CHRISTINE IbRENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL 5D CITY OF BREMERTON CITY COUNCIL 0E0E0090M0MEE000EE000000MEE0Ev0 0M00a0ME0000M0000000Ev020MNEE000Mff00K00MWE00E00E0EEEI SUBJECT: Professional Services Study Session Date: May 14, 2014 Agreement with FCS Group to Conduct GFC COUNCIL MEETING Date: May 21, 2014 and Fee Update Department: Public Works and Utilities Presenter: Wayne Hamilton Phone: 473 -5207 SUMMARY: A GFC and Fee study for the City of Bremerton will assess and evaluate existing water, sewer and stormwater fees and charges structures and provide recommendations for future fees and charges. The last utilities fees and charges study was performed in 1991. FCS Group was selected as the firm most qualified to perform this work. The objective of the utilities fees and charges study is to adequately fund the work being performed. The study will be based on existing utilities fees and charges and industry benchmarks. ATTACHMENTS: 1) Professional Services Agreement; 2) Scope of Services; 3) Schedule; 4) Budget FISCAL IMPACTS (Include Budgeted Amount): The 2014 budget for conducting this work is $44,835 allocated between the three enterprise utility funds — water, wastewater and stormwater STUDY SESSION AGENDA: Nx No Presentation ❑ Full Presentation STUDY SESSION ACTION: Nx Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with FCS Group in the amount not -to- exceed $44,835; 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 PROFESSIONAL SERVICES AGREEMENT GFC Update and Review/Update Other Fees and Charges The City of Bremerton ( "City ") and FCS Group ( "Consultant "), referred to collectively as the "Parties," enter into the following Agreement for professional services: 1. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated March, 2014, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IKA of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed, $44,835. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and /or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/ FCS GFC Update Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub - Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Consultant's performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 42.24.115 Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY Bremerton/ FCS GFC Update Page 2 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub - consultants or sub - Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence /claim. Any payment of deductible or self - insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims- made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Bremerton/ FCS GFC Update Page 3 of 7 Management, 345 6` Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Redmond, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub - consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Redmond_, Washington. Meetings with the City staff as described Bremerton/ FCS GFC Update Page 4 of 7 in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Director, Public Works and Utilities Project Manager, FCS Group 100 Oyster Bay Avenue N Redmond Town Center Suite D -215 Bremerton, WA 98312 7525 160`" Ave NE Redmond, WA 98052 I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non - Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. Bremerton/ FCS GFC Update Page 5 of 7 VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non - performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. Bremerton/ FCS GFC Update Page 6 of 7 CITY OF BREMERTON CONSULTANT By: By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R: \Lcgal'. Legal \ContraclsTORMSTrofessional Services Agreemcnt Form (2012) doc Bremerton/ FCS GFC Update Page 7 of 7 Exhibit A: CITY OF BREMERTON SCOPE OF SERVICES The following scope of services has been developed to meet the needs expressed during the February 25, 2014 telephone discussion with City Staff. The services to be provided as part of this Water, Sewer, Stormwater GFC Update and Review /Update Other Fees and charges are described below: TASK 1 - DATA COLLECTION: Prepare an initial data request identifying financial, asset, capital and planning documents pertinent to the performance of the study. Review, analyze, and validate data as necessary for use in formulating the technical analyses. Follow up with requests for any additional items or explanations as necessary. TASK 2 - GENERAL FACILITY CHARGE (GFC) UPDATE The regular update of GFCs is instrumental in capturing the proper value of the existing infrastructure used to provide utility service. The GFC update will calculate both the existing system facilities and future facilities related to growthh. The calculations will comply with applicable state law. Key tasks include: • Update the existing cost basis including the original cost of existing system assets (net of donated facilities), plus applicable interest (carrying costs) on those assets. The calculation will use the most recent year -end infrastructure values as a basis. • The future cost basis includes future capital improvement projects planned within the next 10 years and identified in a comprehensive plan. We will work closely with the City staff to allocate capital projects to existing and future customers. • Develop existing and future customer basis over which the cost basis is to be allocated. This includes an analysis of existing customers, planned growth in the customer base, and system capacity. • Calculate the maximum allowable GFC and develop a proposed schedule of charges. TASK 3 REVIEW /UPDATE OTHER FEES /CHARGES The City charges other miscellaneous fees and charges for services such as connection /inspection fees, field services, wet tapping, meter reinstallation, activation, cross connection, flow and pressure testing, utility plant locates and others. These fees and charges provide additional revenue to offset the total related expenses of the system. This task will compile a list of the other fees and charges assessed by the City. We will determine the key drivers to be recovered from each charge, such as staff labor time and /or materials in order to select the appropriate analytical method for calculating or recalibrating the charges. New applicable charges, if any, will be calculated for consideration. TASK 4 - PROJECT REVIEW MEETINGS The project anticipates one (1) onsite internal review meeting and two (2) Go- To- Meeting review sessions to finalize the analysis. Go- To- Meeting allows all parties to view documents via an Internet connection and see edits and changes made to a shared documentnt in real time. This method eliminates the need for travel thereby offering budget savings TASK 5 - DOCUMENTATION Craft a written report that summarizes the GFC study process, key assumptions, findings and recommendations. Exhibit B: SCHEDULE The capital improvement plans are anticipated to be approved by July 1, 2014. The analysis should be completed before October 31, 2014 to allow sufficient time for a January 1, 2015 effective date of implementation. Exhibit C: BUDGET The total proposed level of effort to complete the GFC update and Review /Update of Other Fees and Charges is summarized below. If we have scaled our approach out of line with the City's expectations, we would be more than happy to negotiate the appropriate level of effort. at T o Principal Task Project Principal Project Admi to Analyst Efi A�m.t Total Budget Other Billin Rates r General Facility Charge (GFC) Update as - 4 2 6 $650 Task I - Data Collection Task 2 - General Facility Charge Calculations 8 14 40 - 62 $9,070 Water 8 12 36 56 8,240 Wastewater 4 10 28 - 42 6,030 Storm Total GFC Uupdate 20 36 108 2 166 $23,990 Task 3- Review /Uupdate Other Fees and Charges 2 16 - 40 - 58 $8,960 Task 4- meetings/ Presentations 4 - 4 4 12 $2,040 1 Internal Review Meeting Onsite 4 4 4 2 14 2,670 2 GotoMeetings - 2 hours each Total Meetings 8 4 8 6 26 $4,710 Task 5 - Documentation (GFCs) 4 - 22 8 2 36 $5,660 TOTAL LABOR 34 20 66 162 4 286 $43,320 EXPENSES $1,430 Technology Fee ($5 00 per hour) $85 Travel (I onsile meeting) TOTAL LABOR AND EXPENSE BUDGET 34 20 66 162 4 286 $44,835 AGENDA BILL CITY OF BREMERTON 56 CITY COUNCIL e0 0000E000NME00s00de00E0ME0 00MM00N0NNNN00N00EM00aEa00N00EE0E0 0N0EE0E00E00NE0MNE0E0000M01 SUBJECT: Replacement of Boom Mower Study Session Date: 5/14/14 from Sonsray Machinery, Auburn, WA COUNCIL MEETING Date: 5/21/14 Department: ERR Presenter: Jim Orton Phone: 360- 473 -5359 SUMMARY: The approved 2014 budget for ERR reflects the replacement of the Street Departments Boom mower. The existing mower is a 1994 John Deere 6300 tractor with a Tiger boom mower. The replacement is a 2014 JD 6105 with a mid -mount 22' boom mower. The old mower has reached its estimated life cycle and is fully depreciated. The dealer for this mower is Sonsray Machinery of Auburn WA, staff will utilize State Contract No. 102212. The total purchase price is $133,548.31 including Washington state sales tax. ATTACHMENTS: Copy of Tiger quote N0001205 FISCAL IMPACTS (Include Budgeted Amount): Budgeted amount is $100,000. There is adequate reserve in the Street Fund ERR allocation to cover the overage amount of $33,548.31. 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 one (1) JD 6105 tractor with Tiger boom mower attachment for a total purchase price of $133,548.31 including Washington State sales tax through the State of Washington Contract No. 102212. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 Tiger Quote Form Ship to: Sonsray Machinery Dealer Name: Sonsray Dealer Delivery Contact: Laruie Auburn, WA Dealer Sales Person: Brad WE W Attn: Phone: 253 - 735 -2702 0"RPORATION . Phone: Fax: 253 - 735 -3664 Please direct questions to: Invoice to: Same Requested ship date: 60 Days Gabe Wilch Tiger Salesman Gabe Ph: 800 - 843 -6849 Quote Date: 8- Apr -14 Fax: 800- 716 -7620 Quote Number: N0001205 gwilchta7tigermowers.com Customer: City of Bremerton State contract order? WA St Contract #10212 PLEASE TAKE NOTE OF THE INFORMATION REQUESTED AT THE BOTTOM OF THIS PAGE. QTY Part # /Model # Description List Price Dealer Net 1 JD 6105M Cab Plus, 2wd, 16x16 Power Quad, 2 Rear Remotes S 80,295.00 $ 61,024.20 Air Seat, Air, Gross Engine HP 105, PTO HP 86. Tractor Discount 24% 1 JD Port Freight $ 1,100.00 1 LRS -BB Mid Mount Boom Mower W/22' Reach, 1700 lbs. $ 29,114.55 Wheel Wt., Boom Arms, Mainframe, Poly Glass Right Side Legal Rear Stow (LRS) System & Travel Lock 1 FL50MBG -LRS 50" Flail Head w /Medium Grass & Brush Knives S 11,331.75 1 JSTK Jo stick, Electro -H draulic and Valve Kit $ 10,070.25 1 Mnt Factory Mounting $ 4,937.25 1 Tractor Option Light, Strobe S 461.10 1 Tractor Option Back up Alarm $ 356.70 1 Tractor Option AM /FM Radio, CD S 255.78 1 Tractor Option JD Part CD, 6000M Series $ 147.90 1 Tractor Option JD Service CD, 6000M Series $ 100.05 1 Freight $ 3,000.00 1 PDI, Prep and Delivery with Training 8 Hours I $ 960.00 I S 122 859.53 REQUIRED TRACTOR INFORMATION: Transmission Make /Model: Cab Type ** Tire size Front 2WD or MFWD Rear Additional information (please read requirements listed below): • For 5 series John Deere tractors, please let us know if the unit is equipped with JD order code "3520 -Dual Mid Valves with Joystick Control." • For 6000 or 7000 series John Deere tractors, please indicate cab type of * *standard or premium. • For 6000 or 7000 series John Deere tractors, have the crank shaft pulley & Power Beyond valve section been supplied? • For 6000 series "Premium" John Deere tractors, please indicated if it has regular or panoramic glass. • For 7000 series John Deere tractors, you must indicate mechanical or air ride seat. • For 7000 series John Deere tractors, please indicated flanged or bar axle. • For New Holland T6000 series tractors, you must indicate Delta or Plus. • For Massey Ferguson, please indicate Tier 2 or 3. If you are ordering a Tiger Ditcher ... does the unit being mounted have a brake valve or an on-off valve? AGENDA BILL 15F CITY OF BREMERTON CITY COUNCIL ■ 00MEEE00E00EN000M0Ma0008MMMM00E000000000E000000N0NNN00a000NN0ff00M000E0M0EEE000E00EE0001 SUBJECT: Replacement of Service Truck Study Session Date: May 14, 2014 for Water Department COUNCIL MEETING Date: May 21, 2014 Department: ERR Presenter: Jim Orton Phone: 360- 473 -5359 SUMMARY: The approved 2014 budget for ERR shows replacement of one Water Department service truck; a 2003 Chevrolet 3500 with 105,000 miles on it. It has been determined that it meets at least two of the replacement requirements. The replacement that has been chosen is 2015 Ford F550 4X4 with department approved service box. This purchase will allow the Water Department to reduce its fleet by removing the large Boom Truck that we currently use. The dealer that we are requesting to purchase from is Cobalt truck equipment of Spokane Washington for a total purchase cost of $118,526.48 including Washington State sales tax FOB Bremerton. This is a turnkey truck and will be purchased complete. ATTACHMENTS: Quote from Cobalt Truck #1250578A FISCAL IMPACTS (Include Budgeted Amount): Funding available thru the ERR 510 fund. 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 one 2015 Ford F550 4X4 service truck in the amount of $118,526.48 including Washington State sales tax from Cobalt Truck Equipment of Spokane Washington. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 v e www.cobalttruck.com CO TRUCK EOUIP ENT Page 1 of 5 CUSTOMER: City of Bremerton Quote Number. 1250578A CONTACT: Charles Ernst Quote Date: 3/10/2014 ADDRESS: 100 Oyster Bay Ave N. Quote valid until: 4/9/2014 Bremerton WA 98312 PHONE: (360)473 -5621 Salesperson: Tim Ippolito FAX: (360)473 -5881 Quote Prepared By: Tim Ippolito Make: Ford Model: F550 Year. 2015 GVWR: 19500 Singletpual: Dual Cab to Axle: 84 Cab to Tandem: Wheelbase: Trans: Automatic VIN: QUANTITY DESCRIPTION PRICE EACH AMOUNT 1 2015 Ford F -550 4 -wheel drive as follows: $41,575.00 $41,575.00 - 165" w/b, 84" c/a - 6.71- V8 Diesel engine - 50 state emissions - 6 -speed automatic transmission with PTO provision - 40 gallon aft of axle fuel tank - 4.88 ratio limited -slip rear axle - 19,500 lb GVWR - 7,000 lb front GAWR - 14,706 lb rear GAWR - Up- fitter switches - 225/701119.5 all- season tires - (2) front tow hooks - XL decor package - Extendable trailer -tow mirrors - Electronic cruise control - Tilt wheel - Air conditioning - AM /FM stereo w /clock - 40/20/40 -split seat with vinyl upholstery - Oxford white exterior - Medium stone interior 1 IMT DSC20 I Fright raised front crane body installed as follows: $16,800.00 $16,800.00 - 132" long x 94" wide x 44" tall - 50" wide cargo area - 22" deep compartments - 60" right first and second vertical raised compartments - 14" tread plate bumper - 2" receiver hitch rated at 2,000 lb. tongue weight, 16,000 lb. trailer weight, includes (2) safety chain loops - (6) recessed cargo tie -downs - Galvannealed steel construction 345 W Karcher Road 1607 Industrial Road 2033 N E. Columbia Blvd 4620 E Trent Avenue Nampa. ID 83687 Las Vegas, NV 89102 Portland, OR 97211 Spokane. WA 99212 Phone 800-733-0342 Phone: 888- 2.58 -9812 Phone 877- 526 -2258 Phone 800- 572 -4369 Fax: 208 - 887 -7794 Fax: 702 - 385 -9936 Fax 503- 283 -2969 Fax. 509- 535 -4294 % %6 % %✓ a � www.cobalttruck.cont COBALT TRUCK EQUIPM Page 2 f 5 QUANTITY DESCRIPTION PRICE EACH AMOUNT - Inverted "A" frame understructure - Manual out/crank down outriggers - Powder coat finish 3- point, locking rotary T- handle door latches - Stainless steel door hinges - Spring loaded door stops on all vertical doors - (2) rear grab handles - 10" fold down tailgate with single hand latch - Back -up alarm - Fully undercoated - LED lights - Mud flaps - (1) fuel spout - Painted urethane, white 1 Chassis install kit Ford $345.00 $345.00 84 "CA /11' Body /19K GVW 1 Speed Liner 1000 white, front of body $285.00 $285.00 1 2011- current Ford Super Duty diesel exhaust extension to bring exhaust out $155.00 $155.00 beyond the body 1 Plumb urea system to the urea pocket $50.00 $50.00 1 PTO /pump for Ford 4 -wheel drive chassis with automatic transmission and diesel $915.00 $915.00 engine in lieu of manual - Chelsea electric shift PTO (6 -speed automatic transmission only) - Direct mount single section hydraulic pump - 12v electric selector valve with relief and flow control, switched at pendant - Flow control valve 1 Super Spring Kit For Ford Super Duty class 4 and 5 chassis installed $695.00 $695.00 - Includes mounting kit and adjustable height spring to level chassis after crane installation 1 IMT 2020 20' hydraulic crane installed as follows: $22,250.00 $22,250.00 - 20,000 ft. lb. capacity, 5,000 lbs. @ 3', 800 lbs. @@ 20' - (1) hydraulic, (1) manual extension to 20' - 400 degree power rotation - Electric shift PTO (6 -speed manual transmission only) - Direct mount hydraulic pump - 35 gallon bulkhead hydraulic reservoir - Return line filter - Hydraulic overload shut down system - Anti -two -block device - Snatch block with hook - Boom support - Painted Imron 5000, white 345 W. Karcher Road 1607 Industrial Road 2.033 N.E. Columbia Blvd 4620 E. Trent Avenue Nampa, lD 83687 Las Vegas, NV 89102 Portland, OR 97211 Spokane, WA 99212 Phone 800 - 733 -0342 Phone. 888- 258 -9812 Phone. 877- 526 -2258 Phone. 800 -572 -4369 Fax. 208 -887 -7794 Fax 702- 385 -9936 Fax 503- 283 -2969 Fax 509- 535 -4294 �1 www. cobalttruck. con: COBALT TRUCK EQUIPMENT Page 3 f 5 QUANTITY DESCRIPTION PRICE EACH AMOUNT 1 IMT 2020 -2H crane radio remote control installed from factory $1,350.00 $1,350.00 - Includes back -up cable - Storage cradle mounted in RR 1 Buzzer /light indicator for radio remote transmitter installed as follows: $460.00 $460.00 - Buzzer /light will be activated whenever radio remote transmitter is not plugged into socket in crane compartment 1 IMT boom tip incandescent light kit installed $155.00 $155.00 - Kit includes (2) light fixture 1 Fabricate and install over hydraulic tank storage rack $1,975.00 $1,975.00 - Expanded metal painted urethane white - 36" L X 50" W X 8" D - Hinged bottom panel for hydraulic fitting and filter access 1 Curb side compartment top block storage w /rubber pad $425.00 $425.00 - Fits DSC 20, 11' RRY crane bodies 1 Compartment top overlay for DSC20 $190.00 $190.00 - Reinforcement for compartment top when installing an air compressor or welder - 10 gauge mild steel plate 1 Vanair RC 40 hydraulic drive reciprocating air compressor installed on a $7,860.00 $7,860.00 automatic transmission as follows: - 40 cfm @ 100 psi, 35 cfm @ 150 psi or 30 cfm @ 175 psi - 32" long x 22" wide x 24" high - 385 lbs. - Two - stage, 4- cylinder reciprocating - Integral hydraulic oil cooler - Powder coated galvanneal sheet metal enclosure - Selector valve to switch from crane to compressor - Electronic throttle control to raise engine RPM to 1,250 - Price based on addition to crane installation 1 2011- current Ford Super Duty Diesel dual 10 gallon under body air tanks $1,725.00 $1,725.00 installed 1 1/2" x 50' air hose reel installed as follows: $610.00 $610.00 - Spring rewind - Mounted in right rear compartment with rear external access 1 Air distribution block with (3) outlet ports mounted on rear of curb side $200.00 $200.00 compartment, plumbed before filter, lube, regulator for unregulated air 1 Filter, lubc, regulator with pressure gauge $550.00 $550.00 1 Honda EM5000S Generator $3,36000 $3,360.00 - 5000W continuous output 3451N. Karcher Road 1607 Industrial Road 2033 N.E. Columbia Blvd 4620 E. Trent Avenue Nampa. ID 83687 Las Vedas, NV 89102 Portland, OR 97211 Spokane, WA 99212 Phone 800- 733 -0342 Phone 888 -2.58 -9812 Phone 877 - 526 -2258 Phone. 800 -572 -4369 Fax. 208 -887 -7794 Fax: 702 - 385 -9936 Fax 503 -283 -2969 Fax: 509 -535 -4294 t� •a •r a9� c www.cobalttruck.com C OBALT TRUCK EQUIPMENT Page 4 f 5 QUANTITY DESCRIPTION PRICE EACH AMOUNT - 7000W peak output - Electric start - Mounted on street side compartment top 2 110v GFI electric outlet on curb side and street side rear of body wired to $460.00 $920.00 generator with vertical weather cover 1 Compartment light kit with (2) flood lights mounted on rear of body and toggle $285.00 $285.00 switch controls in rear curb side compartment 1 (2) l2v flood lights installed on front of body $450.00 $450.00 1 Cargo area divider gate (lift -out) $340.00 $340.00 - 1/8" x 1 -1/2" square tubing frame - Flattened expanded metal screen - Slide channels bolted on to cargo area sides - Located in cargo area 18" behind hydraulic tank - Powder coated black 1 Fiberglass access ladder installed as follows: $160.00 $160.00 - 6' twin step design - Industrial fiberglass construction - Two foldaway hooks for ladder storage - 300 lb. rating 1 Adjustable shelf installed in DSC20 LV 1 $115.00 $115.00 1 CTech 8 drawer unit installed in LV 1 $1,825.00 $1,825.00 2 Adjustable shelf installed in DSC20 LV2, I F body $100.00 $200.00 1• Heavy duty 18 drawer nut and bolt bin installed in LR $1,480.00 $1,480.00 1 (2) Oxy /Acetylene bottle holders installed in RV 1 compartment $230.00 $230.00 1 60" compartment divider with (4) adjustable shelves $540.00 $540.00 2 Adjustable shelf installed in DSC20 RV2, I F body $100.00 $200.00 1. CTech 3 drawer unit installed RH $1,220.00 $1,220.00 4 Whelen amber hideaway strobe lights $315.00 $1,260.00 - Installed front grille - Installed rear of body - Wire to up -fitter switch in cab 1 3/8" x 12" x 14" vise plate installed on rear bumper, curbside $80.00 $80.00 345 %N, Karcher Rood 1607 Industrial Road 2033 N.E. Columbia Blvd 4620 E Trent Avenue Nampa. ID 83687 Las Vegas, NV 89102 Portland, OR 97211 Spokane. WA 99212 Phone. 800-733-0342 Phone 888- 258 -9812 Phone 877 - 526 -2258 Phone. 800 - 572 -4369 Fax 208 -887 -7794 Fax: 702 - 385 -9936 Fax. 503 -283 -2969 Fax: 509 -535 -4294 � t www. cobalttruck.coni CO BALT TRUCK EQUIPMENT Page 5 f 5 QUANTITY DESCRIPTION PRICE EACH AMOUNT 1 Wilton 5 -1/2" Tradesman vise installed on rear vise plate $685.00 $685.00 1 7 -way trailer socket, round pin $140.00 $140.00 1 Grip strut step with rubber mounts $180.00 $180.00 1 ICC triangle reflector kit (includes 3 reflectors and case) $45.00 $45.00 1 10 lb. A -B -C fire extinguisher with bracket $60.00 $60.00 1 Delivery $1,190.00 $1,190.00 Quote Total: $113,535.00 Municipal $4,495.00) Discount: Sub Total $109 Sales Tax 8.7% $9,486.48 Net Total: $118,526.48 The following o tions may be added: QUANTITY IDESCRIPTION I PRICE EACH AMOUNT Customer must fill out the information below before the order can be processed... Accepted by: Date: P.O. number: ♦ Quoted price does not include any applicable F.E.T., sales tax, and/or delivery charges. ♦ Quoted price does not include any unforeseen obstructions or modifications. ♦ Quotation valid until above stated expiration date. ♦ Terms are due upon receipt unless prior credit arrangements are made at the time of order. ♦ 20% down payment required with order. ♦ Cobalt Truck equipment assumes no responsibility for the possible damage that may arise from the installation of cranes on Knapheide or Harbor service bodies and shall not be held liable for damages due to product failure caused by the installation of these products. No oral or written advisement given by Cobalt Truck Equipment, Suppliers or other third parties shall create any warranty or change this disclaimer of liability. This product is provided on a " as is " basis without warranties. ♦ Quote pending final weight distribution analysis based on chassis, equipment and options. "All quotations are contingent upon compliance with all of the export laws and regulations of the United States. If any such law or regulation cannot be complied with, or if this equipment is prohibited from being exported at any time by the United States Government, this quotation and %or subsequent order(s) received or accepted will become null and void " 345 W Karcher Road 1607 Industrial Road 2033 N.E. Columbia Blvd 4620 E Trent Avenue Nampa, ID 83687 Las Vegas, NV 89102 Portland, OR 97211 Spokane, WA 99212 Phone 733 -0342 Phone. 888- 258 -9812 Phone. 877- 526 -2258 Phone 800 - 572 -4369 Fax. 208- 887 -7794 Fax: 702 - 385 -9936 Fax. 503 - 283 -2969 Fax. 509 -535 -4294 AGENDA BILL U5 CITY OF BREMERTON CITY COUNCIL M0NMMMMr0MM50EMMMMMMMMMMMM0MM00EMMMMMMM0M08MMMMMMMMMMMM0MN0MMMMM0MMMMMM0MaMMMMMMMMMMMMMI SUBJECT: Award of 12.5% Bulk Sodium Study Session Date: 05/14/14 Hypochlorite Solution proposal for the COUNCIL MEETING Date: 05/21/14 Westside WWTP Department: PW &U/WWTP Presenter: Pat Coxon Phone: 360.473.5448 SUMMARY: Three proposals were received in response to a request from the City for furnishing 12.5% bulk sodium hypochlorite to the Westside WWTP. JCI Jones Chemicals Inc. in Tacoma, WA submitted the lowest responsive proposal at $0.5575 /gallon delivered, which includes freight and taxes. This award to the supplier will have firm pricing for a period of one year, from the time the proposal agreement is signed. ATTACHMENTS: Sodium Hypochlorite proposals from HASA Inc., JCI Jones Chemicals Inc. and Olin Chlor Alkali Products. FISCAL IMPACTS (Include Budgeted Amount): This purchase is budgeted through the WWTP Operating Supplies budget of $365,000.00. Bars #535.8032.53110. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: Z Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the proposal to purchase bulk 12.5% sodium hypochlorite solution for a period of one year from JCI Jones Chemicals Inc. at a cost of $0.5575 per gallon delivered and authorize the Wastewater Manager to make these purchases on an as needed basis. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 Patric Coxon From: Patric Coxon Sent: Monday, May 05, 2014 9:23 AM To: Patric Coxon Subject: FW: 2014 Chemical Proposal for City of Bremerton Importance: High From: Michelle Trammell Sent: Wednesday, April 30, 2014 1:40 PM To: 'Larry Willman' Cc: Patric Coxon; James Groh Subject: RE: 2014 Chemical Proposal for City of Bremerton importance: High Hi Larry, Please see below: Hypo - $0.5575/gal (includes freight, sales tax and WA Haz Sub Tax) Minimum 4800 gal deliveries. 50% - $3.61/gal (includes freight and tax) Minimum 1000 gal deliveries. Please note for additional stops to other locations there will be an additional drop charge of$85.001per stop. These stops will be after the first stop has been made to the Waste Water TP at 1600 Oyster Bay Ave, Bremerton, WA 98312. Hope this works better. Let me know if you have any questions. Thank You, Michelle Patric Coxon From: Mary Flynn <maryflynn @hasapool.com> Sent: Monday, April 28,2014 11:39 AM To: Patric Coxon Subject: 2014 Chemical Proposal Attachments: 106 - Hasa 12.5% Sodium Hypochlorite Solution.pdf Mr. Coxon, we are submitting our proposal for bulk delivery of 12.5% Sodium Hypochlorite, 175,000 gallon annual usage at $0.825 /gallon. This is includes delivery to City of Bremerton WWTP, 1600 Oyster Bay Ave S., Bremerton, WA 98312. Firm for one year from date of agreement and includes all transportation. Subject to any applicable state, county or city taxes. We offer no bid on all of the other items included in your April 14, 2014 RFP. Attached per your request is MSDS for 12.5% Sodium Hypo. Please confirm receipt of our bid and send bid results to my attention at address below. Thank you for your consideration. Mary Flynn V.P. Sales Administration Hasa Inc. 23119 Drayton St. Saugus, CA 91350 marvflvnn(o.hasaaool.com Phone: 661- 259 -5848 Ext. 5405 Fax: 661 -259 -1538 50` Anniversary f Quality & Service ry Y The contents of this email message, including any attachments, are intended solely for the use of the person or entity to whom the email is addressed. It contains information that may be privileged and restricted from disclosure. If you are not the intended recipient of this message, be advised that any dissemination, distribution, or use of the contents of this message is strictly prohibited. If you received this email in error, please contact sender by reply email. Please also permanently delete all copies of original email and any attached documentation. Thank you. ------------------------------------------------------------------------------ 1 CHLOR AL.AT I 26700 S. Bantu Road PRODUCTS Tracy, CA 95304 2091835 -7204 Fax: 209/835 -9760 Internet Address: www:llnlinchloralliali.com April 25, 2014 Patric J. Coxon, Wastewater Manager City of Bremerton 1600 Oyster Bay Ave S Bremerton, WA 98312 Patric.coxon @ci.bremerton.wa.us RE: REQUEST FOR PROPOSAL —12.5% Soditun Hypochlorite — 2014 -I5 Dear Patric: Olin sincerely appreciates supplying the City of Bremerton your chemicals. Per your request of Ross Borch, Olin is pleased to offer the following pricing in response to the request for proposal for the supply and delivery of sodium hypochlorite for the upcoming fiscal year. 12.51ut% Sodium Hynochlorite Bremerton WWTP, Price: $0.599 (includes delivery and sale taxes). Min. 4,800 gallon truckloads Bremerton WTP Price: $0.559 (includes delivery). Min. 4,800 gallon truckloads Price: $0.659 (includes delivery). Min. 3,000 — 4,700 gallon truckloads Quantity: 175,000 gals annually. Delivery: 3 days ARO. These prices are valid for the period from July 1, 2014 through June 30, 2015. We are willing to extend this agreement year to year upon mutual agreement. Our chemicals carry NSF Standard 60 certification and are in compliance with all current AWWA and EPA standards. Thank you for the opportunity to bid on the chemical requirements for the City of Bremerton again. If you should have any questions, please do not hesitate to call me at (209) 221 -8265 or Ross Borch your account rep. Sincerely, �• John M.Schabacker Business Director Cc: Ross Borch, Account Manager AGENDA BILL CITY OF BREMERTON CITY COUNCIL eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeaee SUBJECT: Additional Rate Advancement Study Session Date: May 14, 2014 Kevin Matthew, Information Services COUNCIL MEETING Date: May 21, 2014 Manager Department: Financial Services Presenter: Cathy Johnson Phone: 473 -5296 SUMMARY: Kevin Matthew was appointed to the position of Information Services Manager effective 1/1/13. During his first year as IT Manager he has renegotiated telecommunication and service contracts resulting in an annual savings to the City in excess of $15,000. He was instrumental in mitigating IT findings in the 2012 Police Department CJIS audit resulting in the design and installation of new encrypted network equipment on the Police Department data links, developed a plan to replace aging equipment using a solution to use the Cloud for offsite storage increasing the reliability of our backend disaster recovery and business continuity plans and has written a policy that allows the City to roll out a Social Media presence in June of this year. These successes support an annual rating that "exceeds expectations" and makes him eligible for an additional rate advancement. BMC 2.50.032(b) requires the Mayor and City Council approval of in range rate adjustments in excess of one rate. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): There is no budget impact. This rate advancement was anticipated in the 2014 budget for Information Services. STUDY SESSION AGENDA: N No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve an additional rate advancement for Kevin Matthew, Information Service Manager. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ ��a��a��00M0MMMMa000MMNN000E0000EEE00M0000e00000NEe0EN0E0E0N00EEE0E00E00000001 SUBJECT: Appointment of Assistant Study Session Date: May 14, 2014 Director of Financial Services at a step COUNCIL MEETING Date: May 21, 2014 higher than Rate 1 in Pay Band 16 Department: Financial Services Presenter: Cathy Johnson Phone: 360- 473 -5296 SUMMARY: The Director of Financial Services proposes to fill the vacant Assistant Director position with Michael Riley Jr. Mr. Riley earned a BS in Accounting from Central Washington University and has ten years of experience working in a government audit function. The last seven years have been with the WA State Auditor's office, most recently as Assistant Audit Manager. The Director has negotiated salary compensation with the applicant and proposes making this appointment at Rate 4 in Pay Band 16. BMC 2.50.032(a) required City Council approval of any starting salary above Rate 1. ATTACHMENTS: Resume FISCAL IMPACTS (Include Budgeted Amount): None. The 2014 Financial Services personnel budget has adequate funds for this position. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the hire of Michael Riley Jr. as the Assistant Director of Financial Services at pay Band 16, Rate 4, of the City of Bremerton Management Salary Plan 2014. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 MICHAEL A. RILEY 3R. t QUALIFICATIONS Ten years' experience working in government audit function including but not limited to financial statement audit, Internal controls, grant compliance and tax audits. Primary focus on developing audit staff to perform meaningful high level audit work. Vast knowledge of the Washington State BARS manual, GASB pronouncements, GAAFR, OMB circulars and other resources. Strengths include financial analysis, Internal control development, internal and external reporting, communication and time management. EDUCATION B.S. Accounting, June 2004 - Central Washington University PROFESSIONAL EXPERIENCE Assistant Audit Manager 2007 - Present Washington State Audltor3 Off)ce • Supervise staff of 13 field auditors • Develop professional partnerships with the audit clients • Conduct on -site audits ranging from large counties to small water utility districts • Develop and provide training to staff on new audit concepts and other work related topics • Implemented quarterly evaluation process to enable more timely formal feedback. • Maintained the regions audit schedule • Work with audit clients on dally basis to ensure accurate reporting and compliance with state and federal guidelines • Provide feedback to executive management about current agency processes • Participate in a variety of roundtable events with audit clients to discuss an array of topics • Plan and conduct risk based financial, accountability and federal compliance audits • Perform special Investigations pertaining to fraud or other reported concerns Audit Lead 2004 -2007 Washington State Department of Revenue • Lead field audits of a vast variety of Washington State Businesses and Governmental entities. • Conduct extensive tax research to support audit conclusions • Conduct face to face meetings with auditee to discuss audit results. • Write formal audit reports that explain in basic terms the audit conclusions • Lead job shadow opportunities to other divisions within DOR PROFESSIONAL REFERENCES • Brian Taylor - • Zac Wilson -- • Jason Peterson - AGENDA BILL 5: 311, CITY OF BREMERTON CITY COUNCIL SUBJECT: Grant Agreement with Study Session Date: May 14, 2014 State of WA Recreation and Conservation COUNCIL MEETING Date: May 21' 2014 Office for Kiwanis Park 2 nd Phase Department: Parks and Rec. Improvements Presenter: Wyn Birkenthal Phone: 473 -5752 SUMMARY: The attached grant agreement will provide $22,000 to enable a retrofit of the Kiwanis Park pathway handrails in the vicinity of the park restroom. The local match is provided by eligible project improvements (bollards and landscaping) installed by Parks staff in July and August of 2013. ATTACHMENTS: Grant Agreement FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impact STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize approve the Kiwanis Park Phase 2 grant agreement with the State of Washington Recreation and Conservation Office 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 WASHINGTON STATE I Recreation and = Conservation Office LWCF Project Agreement Recreation Resource Account Project Sponsor: Bremerton Parks & Recreation Department Project Number: 09 -1790D Project Title: Diversifying Kiwanis: from Field to Park -Ph 2 Appr Date: 3/ 19/2014 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 by and through the Bremerton Parks & Rec Dept (sponsor), 680 Lebo Blvd, Bremerton, WA 98310 and shall be binding on the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Recreation Resource Account of the State of Washington. The grant is administered by the Recreation and Conservation Office (RCO) to the sponsor for the project named above. C. DESCRIPTION OF PROJECT The Bremerton Parks & Recreation Department will use this grant to complete the redevelopment of Kiwanis Field by installing handrails, bollards and landscaping. D. PERIOD OF PERFORMANCE The project reimbursement period shall begin on July 1, 2013 and end on September 30, 2014. 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 $22,000.00. 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: Pe rcentage Dollar Amount RCFB - Land and Water Conservation 50.00% $22,000.00 Project Sponsor 50.00% $22,000.00 Total Project Cost 100.00% $44,000.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, as now existing or hereafter amended, including the sponsor's application, 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. LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page f of 16 PROJAGR RPT H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCFB -SRFB POLICIES This agreement is governed by, and the sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 79A.25 RCW, Chapter 286 WAC, and published agency policies, which are incorporated herein by this reference as if fully set forth. I. SPECIAL CONDITIONS None. J. FEDERAL FUND INFORMATION If the sponsor's total federal expenditures are $500,000.00 or more during the sponsor's fiscal -year, the sponsor is required to have a federal single audit conducted for that year in compliance with Office of Management and Budget Circular A -133. A copy of the final audit report must be provided to RCO within nine months of the end of the sponsor' s fiscal year, unless a longer period is agreed to in advance by the cognizant or oversight agency. Failure to provide required A -133 audits will lead to a suspension of payments and may lead to a suspension of RCO Agreements. 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: Project Contact RCFB Name: Colette Berna 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.Berna @ci.bremerton.wa.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 09- 1790D, 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. LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 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. Bremerton Parks & Rec Dept 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 LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 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 SECTION3. ASSIGNMENT ..................................................................... ............................... 7 SECTION 4. RESPONSIBILITY FOR PROJECT .......................................... ............................... 7 SECTION S. 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 ........... ............................... 12 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 ................................................... ............................... 13 SECTION 25. INCOME AND INCOME USE ................................................. ............................... 13 SECTION 26. PREFERENCES FOR RESIDENTS ........................................ ............................... 13 LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 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 .................................... ............................... 14 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 ........................................................ ............................... 15 SECTION 35. APPLICATION REPRESENTATIONS - MISREPRESENTATIONS OR INACCURACY OR BREACH ........................................... ............................... 15 SECTION 36. SPECIFIC PERFORMANCE ................................................. ............................... 15 SECTION 37. TERMINATION .................................................................. ............................... 15 SECTION 38. DISPUTE HEARING ........................................................... ............................... 15 SECTION 39. ATTORNEYS' FEES ........................................................... ............................... 16 SECTION 40. GOVERNING LAW/VENUE .................................................. ............................... 16 SECTION 41. SEVERABILITY ................................................................. ............................... 16 LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 5 of 16 PROJAGR.RPT WASHINGTON STATE Recreation and Conservation Office Standard Terms and Conditions of the Project Agreement Project Sponsor: Bremerton Parks & Recreation Department Project Number: 09 -1790D Project Title: Diversifying Kiwanis: from Field to Park -Ph 2 Appro Date: 3/19/20 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 tier. 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 protects 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. LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 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 arising 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 liable, 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 41.06 or 28B RCW. The sponsor is responsible for withholding and /or paying employment taxes, insurance, or deductions of any kind required by federal, LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 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 Administration/Washington Industrial Safety and Health Act); and Buy American Act. Endangered Species For habitat restoration protects 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 may be grounds for terminating this project Agreement. This section shall not be the basis for any enforcement responsibility by RCO. Nondiscrimination Laws The sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and /or policies, including but not limited to: the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the sponsor may be declared ineligible for further grant awards from the funding board. The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. 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 job 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 LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 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 Tribes' 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 68.50 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 70.105D.020 (10) RCW, and certify: 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 70.1050 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 attorneys' 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 may be 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 arising out of allowing such review or copying pursuant to a public records act request, and to indemnify against any claims arising 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. LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 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.gsa ig.gov /i ndex.cfm ?Lin kServl D= C4C89080 -D2 B E- D29A- 96355D44Al 3E4356. 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 certification 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. ini. wa.govfrradesLicensing /PrevWage /Award i ngAgencies /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. D. Disclosure notice. Projects funded with state Salmon Recovery Funding Board and Puget Sound Acquisition and Restoration money may be used by RCO, the Puget Sound Partnership or Northwest Indian Fisheries Commission as match to one of the following federal assistance agreements: 1) United States Department of Commerce Catalog of Federal Domestic Assistance Number 11.438, or 2) United State Environmental Protection Agency Catalog of Federal Domestic Assistance Numbers 66.123 and 66.456. 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); LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 10 of 16 PROJAGR.RPT 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. 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 in anticipation of goods or services to be provided under this Agreement are limited to grants approved by the SRFB and must comply with SRFB policy. See WAC 420 -12 -060 (5). SECTION 19. RECOVERY OF PAYMENTS In the event that the sponsor fails 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 Draft ", 2004; 'Design of Road Culverts for Fish Passage ", 2003; and "Integrated Streambank Protection Guidelines ", 2002. These documents and other information can be found on the AHG website. LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 11 of 16 PROJAGR.RPT 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. 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. LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 12 of 16 PROJAGR RPT 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 building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws, regulations and policies. 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 Building 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). LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 13 of 16 PROJAGR.RPT 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. C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement. D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to RCO not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the sponsor. E. The requirement of Subsection A through D above shall not apply if the sponsor is a federal, state, or municipal government which has established a program of self - insurance or a policy of self - insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy as a part of its application to the funding board. F. By this requirement, the funding board and RCO does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at, or in the 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. LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 14 of 16 PROJAGR.RPT 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. 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 ii. If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director, under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement, the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. 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 arises between the sponsor and the funding board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those 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 mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 15 of 16 PROJAGRAPT party which it wishes to dispute. The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to 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. 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 matter jurisdiction 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- Project 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 attorneys' 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. LWCF Project Agreement - RCO #09 -1790D Recreation Resource Account Chapter 79A.25 RCW, Chapter 286 WAC Page 16 of 16 PROJAGR.RPT Eligible Scope Activities Project Sponsor: Bremerton Parks & Recreation Department Project Number: 09 -1790 Project Title: Diversifying Kiwanis: from Field to Park -Ph 2 Project Type: Development Program: Land and Water Conservation Approval: 3/19/2014 P roject Metrics Sites Improved Project acres developed: 0.50 Project acres renovated: 0.00 Development Metrics Worksite #1, Kiwanis Field General Site Improvements Landscaping improvements Acres of landscaped area : 0.02 Select the landscape features: Other, Trees /shrubs ELIGREIM.RPT April 2, 2014 Page 1 Milestone Report By Project Project Number: 09 -1790 D Project Name: Diversifying Kiwanis: from Field to Park -Ph 2 Sponsor: Bremerton Parks & Rec Dept Project Manager: Karl Jacobs x Milestone Target .. Comments/De X Project Start 07/01/2013 X SEPA/NEPA Completed 07/01/2013 X I Cultural Resources Complete 07/01/2013 X Design Initiated 08/01/2013 X 60% Plans to RCO 09/30/2013 X Applied for Permits 02/28/2014 I Progress Report Submitted 05/31/2014 Bid Awarded /Contractor Hired 05/31/2014 I Construction Started 07/15/2014 All Bid Docs /Plans to RCO 07/31/2014 50% Construction Complete 08/15/2014 Funding Acknowl Sign Posted 08/31/2014 Construction Complete 08/31/2014 RCO Final Inspection 09/15/2014 I Agreement End Date 09/30/2014 Final Billing to RCO 10/15/2014 Final Report in PRISM 10/31/2014 X = Milestone Complete I = Critical Milestone 1MILESTO RPT April 02, 2014 Page: 1 AGENDA BILL 15k CITY OF BREMERTON CITY COUNCIL ............................. ............................... 0 0 0 0 E 0 0 2 0 N E 0 0 E 0 M 0 0 ..0000 0 0 0 1 SUBJECT: Contract award for construction Study Session Date: May 14, 2014 of Evergreen Rotary Park Renovation COUNCIL MEETING Date: May 21, 2014 Project to Pivetta Brothers Construction, Inc. Department: Parks & Recreation Presenter: Wyn Birkenthal, Colette Berna Phone: 473 -5752 SUMMARY: Sealed bids for construction of the project titled "Evergreen Rotary Park Renovation Project" were opened on April 29 2014. The Engineer's estimate for the Base Bid and Additives 1, 3 & 4 is $103,323.81. Six bids were received for this project. Pivetta Brothers Construction, Inc. was the lowest responsive, responsible bidder with a bid of $104,899.52 (including sales tax) for the Base Bid and Additives 1, 3 & 4. The bid total excludes Bid Additive 2. ATTACHMENTS: "A" Bid Tabulation, "B" Contract FISCAL IMPACTS (Include Budgeted Amount): To date, the Evergreen Renovation project including the playground equipment and safety surfacing, has been funded through grants and donations totaling over $400,000. To complete the project $30,000 of additional expenditure authority is needed from the Parks Capital Development Fund. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award a contract in the amount of $104,899.52 (including sales tax) with Pivetta Brothers Construction, Inc. for construction of the "Evergreen Rotary Renovation Project" and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented, and further authorize $30,000 of additional expenditure to the project from the Park Capital Development Fund. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 Attachment A EVERGREEN ROTARY PARK RENOVATION PROJECT - BID TABULATION Engineers Estimate Prveha Brothers Puget Paving 8 Const RV Associatas Hilger Construction Bels* CGC SCHEDULE A -BASE BID 4/16/14 4/29/14 4/29/14 4/29/14 4/29/14 4/29114 4/29714 ITEM EST NO SPEC DESCRIPTION OF ITEM QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT At 1 -04 MINOR CHANGE 1 EST $1 $1 $100 $100 $100 $100 $100 $100 $62500 $62500 $100 $100 5100 $100 A2 SP 1-05 ROADWAY SURVEYING 1 LS $3 $3,000 53.82400 $382400 $50000 550000 $4,00000 $4.00000 54,37500 $4,37500 $4,36000 $4,36000 $14,00000 $14,00000 A3 1 -09 MOBILIZATION 1 LS $5.573 $5,573 $2.82460 S2 824 00 $9,000 00 $9.00000 $10.081 00 $10,081 00 $6.25000 $6.25000 $4.63032 $4.63032 $8.00000 S8.00000 A4 1 -10 PROJECT TEMPORARY TRAFFIC CONTROL 1 LS $500 $500 $29400 $29400 $2.00000 $2.00000 $90100 $90100 $1,70000 $170000 $3,27000 $3.27000 $9.50000 Se.50000 AS SP2 -02 REMOVAL OF STRUCTURE AND OBSTRUCTION 1 LS $2.500 $2,500 5235300 $2,35300 $5,00000 $5.000.00 $3,98200 $3,88200 $7,65375 $7,65375 $1831854 578,31854 $29,32500 $29,32500 A6 SP 2 -02 REMOVE ASPHALT PAVEMENT INCL SAWCUT 1 LS $6,100 $6.100 53.370 00 $3,370 00 $6.00000 $6.00000 $5,57300 $5.57300 $7.07500 $7 075 00 $75-4825 $7.54825 $13,52000 $13.52009 A7 SP 2-D3 GRAVEL BORROW INCL HAUL 1 LS $6,000 $6000 $58900 $58900 $1375000 $13,75000 $8,17400 $8.17400 $265875 $2,65875 $3,48800 $3.48800 $3.50000 53.50000 AS I SP 4 -04 IGRAVELBASE 1 LS 56,000 $60001 S3 309 00 $3.30900 $13 750 00 $13 750 00 $9.21600 $9 216 00 $14.70250 514,702 50 $8,345041 $834504 $980000 59.80000 A9 SP 5 -04 3" COMMERCIAL HMA OVER 4 CSTC 1 LS $8,750 $8,750 $12.32020 $12.32000 $10.0110 00 $10,000 00 $6.75200 S5.75200 $14.87500 $14.875 00 $19.62000 $19 620 00 $20.75800 00 A10 SP7 -01 SUBDRAIN 1 LS $2,550 $2,550 $1,88300 $1,88300 $2,00000 $2,00000 $3.10700 $3.10700 $273375 $2,73375 $1,80613 $1,80613 $2,42000 00 A7/ 7 -05 ADJUST MANHOLE 1 EACH $600 $600 $17700 $17700 $50000 $50000 $74100 $74100 512500 $12500 $27250 $27250 $50000 00 Al2 8-01 HIGH VISIBILITY FENCE 1 LS $1,000 $1,000 $23600 $23600 $1,50000 $1.500.00 $1,94400 51,94400 $85125 $85125 $87200 $87200 $15,00000 00 A13 8-01 INLET PROTECTION 3 EACH $150 $450 $6300 $18900 $5000 $15000 $14900 $44700 $15625 $46875 $10900 $32700 $10500 00 A14 SP 8-04 CEMENT CONC TRAFFIC CURB 1 LS $1.980 $1,980 $250000 $2,50000 $2,50000 $2.50000 $3,60000 $360000 513.98375 $13.98375 $4.36000 $4.36000 $15,00000 00 A15 SP 8-04 PLAYGROUND PERIMETER CURB 1 LS $2.200 $2,200 5776500 $1,76500 54,00000 $4.00000 $429600 $4.29600 $8,35625 $8.35625 $7,63000 $7,63000 $1250000 00 A1G SP 8-04 CONCRETE SEAT WALL 1 LS $6,000 $6,000 $13.24700 $13,24700 $14.00000 $14,00000 $8,91700 $8.91700 $11,98125 $11.98125 $10.57300 $1057300 $22,00000 00 A17 SP 8-21 PERMANENT SIGNING 1 LS $2.500 12.500 52.35300 $2,35300 $2,50000 $2,50000 $3,19800 $319800 $3,12500 $3,12500 $5,66800 $5.66800 $2,87500 52,87500 A18 SP 8 -22 4" WIDE PAINT LINE AND ACCESS PARKING SYMBOLS 1 LS 53,500 $3,500 $7.53000 $7,530 00 $3,000 00 $3.00000 $7.778 00 $7,778 00 $5.25000 $5,250 00 $5.777 00 $5.777001 $8.01600 S8.01600 A19 SP 8m22 4 "WIDE PAINT LINE BUFFER AREA 1 LS $1,500 $1,500 $2,50000 $2.50000 $1,00000 $1,00000 $66700 $66700 $3.12500 $3,12500 $1,20445 $120445 $1,60000 $160000 A20 SP 8-30 PRECAST CONCRETE WHEEL STOP 3 EACH 1 $200 $600 $9433 $28300 $10000 $30001) $22600 $67800 $11250 $337 2 $109 00 $32700 S17500 $52501) SUBTOTAL CONSTRUCTION COST I 561,304 _ _ $61,54700 $91,45100 $83,95300 $110,25250 $108,39823 $189,15500 SALES TAX. 1 87% $5,333 $5.35459 $7.95624 $7,30391 $9,59197 $9143065 $16,45649 TOTAL CONSTRUCTION COST-SCHEDULE A $66,638 566,901.59 $99,407.24 $91,256.91 3119,844.47 $117,628.88 _ $205,61149 SCHEDULE B - BID ADDITIVE 1 Engineer's Estimate Prvetta Brothers Puget Paving 8 Const RV Associates Hd er Construction B-I.Y CGC ITEM EST NO SPEC DESCRIPTION OF ITEM QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT B7 NA DEDUCT ITEM A19 1 LS - $1500 41,500 -52.50000 - $2,50000 - $700000 - $1.00000 - $66700 - $66700 - $2,50000 - 52.50000 - $1120445 - $1120445 - $1.60000 - 51.60000 B2 SP 2 -02 REMOVE ASPHALT PAVEMENT INCLUDING SAWCUT 1 LS $6,500 $6,500 S3,01700 $3.01700 $3,00000 $3,00000 $4.94200 $4.942 00 $5.901 25 $5,901 25 S4.49625 $4.49625 $13.52000 $13.52000 B3 SP 5-04 3" COMMERCIAL HMA OVER 4' CSTC 1 LS $5,550 $5,550 S7.04500 $7 $2,00000 $2.00000 $6.85200 $6.852 00 $3.60000 $3,60000 $4.36200 $4.3600 $11196000 $11.96000 94 SP 8-04 ICEMENT CONC TRAFFIC CURB 7 LS $13,200 $13,200 $13 $13,67700 $20,00000 $2000000 $16.07800 $16,07800 $11,56250 $11.562.50 $11,44500 $11.44500 $8,62500 $8.62500 SUBTOTAL CONSTRUCTION COST � _ $23,750 $21.23900 $24400000 $2720500 _ _ $18156375 $19 $32,50500 SALES TAX ! 870 $2.066 _ $1,64779 _ $208800 _ $2,36684 $1.61505 $1,66142 _ $2,82794 SCHEDULE BTOTAL $25,816 $23,086.79 $26,088.00 $29,571.84 $20,176.80 _ $20.758.22 $35,332.94 I I I I I I I SCHEDULE C - BID ADDITIVE 2 Engineer Estimate Prvetta Brothers Puget Pavm 8 Const RV Associates Hit er Construction Be.. ley CGC ITEM EST NO SPEC DESCRIPTION OF ITEM QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT Ci SP2 -02 I REMOVE ASPHALT PAVEMENT INCLUDING SAWCUT 1 LS $5,000 $5,000 52.64300 $2,64300 $1,00000 $1,000 OD $2.06100 $2.06100 $4,63625 $4,63625 $3.41279 $341279 $7352000 $13,52000 C2 SP5-04 3" COMMERCIAL HMA OVER 4' CSTC 7 LS $4,900 $4,900 55.36900 $5,36900 $8,00000 $8.00000 $6.93800 $6.93800 $5.84375 $5,84375 $8,82900 $8.82900 $11,96000 $11,96000 C3 SP8.03 IRRIGATION SLEEVES 7 LS $8,450 $8,450 53.76500 $3.76500 $2,00000 $2,00000 $420000 $4.20000 $8,12375 $8,12375 $1415910 $14.15910 $11,44000 $1144000 SUBTOTAL CONSTRUCTION COST' I $18,350 $1177700 $11,00000 $13.19900 $18,60375 $2640089 $36,92000 SALES TAX I 87% $1,596 _ _ $1,02460 $95700 $1,14831 $1161853 _ 52.29688 _ $3,21204 SCHEDULE C TOTAL $19,946 $12,80160 $11,957.00 $14,34731 $20,22228 $28 _ $40,132.04 I I I I I I I SCHEDULE D - BID ADDITIVE 3 hngineers Estimate Prvetta Brothers Puget Paving Const 4129114 RV Associates Hiliter Construction Belli ley CGC ITEM EST NO SPEC DESCRIPTION OF ITEM QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE I AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT D7 SP 2-02 IREMOVE ASPHALT PAVEMENT INCLUDING SAWCUT 1 LS $1,000 $1,000 $47100 $47100 $50000 550000 $1,10700 $1.10700 $68250 $68250 $1,09000 $1,09000 $13 520 00 $13,52000 D2 SPS-04 3 "COMMERCIAL HMA OVER 4'CSTC 1 LS $1,500 $1,500 $1,48200 $1,48200 $2.00000 $2,00000 $2,85900 $2.85900 $2.18750 $2,78750 $3.48800 $348800 $3,98500 $3.98500 SUBTOTAL CONSTRUCTION COST $2,500 $1.95300 $2,50000 $3,96600 $2.87000 $4,57800 $17,50500 SALES TAX:. I 87% $218 $169 91 $217 50 $34504 5249 69 $39829 $1,52294 SCHEDULE CTOTAL $2.718 $2,722.91 32.717.50 _ $4,311.04 53,719.69 $4,976.29 _ _ $19,027.94 I I I SCHEDULE E -BID ADDITIVE 4 Engineers Estimate Piveha Brothers Pu et Paving 8 Const RV Associates HII er Construction Belsley CGC TEM EST N SPEC DESCRIPTION OF ITEM QUANTITY UNIT UNIT PRICE I AMOUNT UNIT PRICE AMOUNT UNIT PRICE I AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT E7 SP5-02 FOGSEAL 1 LS 57,500 $7,500 $11,76470 $11.76470 $6.90000 $6.90000 $12.01200 $12,01200 $10.75000 $10.75000 $95,11340 $95.11340 $3,10000 $3,10000 SUBTOTAL CONSTRUCTION COST $7,500 $11,76470 $6.90000 $12,01200 $10,75000 $95,11340 $3,10000 SALES TAXI 87% $653 $1,02353 $60030 _ _ _ 51,04504 593525 _ $8,27487 _ $26970 SCHEDULE C TOTAL I $8,153 $12,788.23 $7,500.30 317,05704 $11,685.25 $103,388.27 $3,369.70 TOTAL PROJECT - 12 - 7 3717,707.12 $747,670.04 $152,541.74 $775,05048 1275,649.42 $303,474.10 Attachment B CONTRACT DOCUMENTS and CONTRACT BOND FORMS WILL BE PROVIDED TO THE SUCCESSFUL BIDDER ONLY City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -25 Information Required of Bidder Contract Documents (This page intentionally left blank) City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -26 Information Required of Bidder Contract Documents CONTRACT (Page 1 of 4) THIS AGREEMENT is dated the day of in the year 20_ by and between the City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled EVERGREEN ROTARY PARK RENOVATION. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 15 working days after the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1 -08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1,000 per day after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1- 07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1 -09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions Contractor Initials City of Bremerton Apnl 2014 Evergreen Rotary Park Renovation Project 1 -27 Contract Contract Documents CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, • Appendices • Contract Plans, • Addenda numbers to , inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1 -04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and /or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Initials City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -28 Contract Contract Documents CONTRACT (Page 3 of 4) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and /or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. ARTICLE 9. DAVIS BACON AND RELATED ACTS Bidder shall comply with the requirements of the Davis -Bacon and related acts (DBRA) as outlined in 29 CFR parts 1 -7 when the contract for construction, alteration, and or repair exceeds $2,000, is federally assisted, and involves the employment of laborers and /or mechanics to perform the work. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY : — City of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -29 Contract Contract Documents CONTRACT (Page 4 of 4) Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -30 Contract Contract Documents CONTRACT CERTIFICATE (if Corporation) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of , held on , 20_, the following resolution was duly passed and adopted: "RESOLVED, that , as President of the Corporation, be and is hereby authorized to execute the Agreement dated , 20_, by and between this Corporation and the City of Bremerton and that his /her execution thereof, attested by the Secretary of this Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of , 20_ (Secretary) (SEAL) City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -31 Contract Certificate Contract Documents CONTRACT CERTIFICATE (if Limited Liability Company) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Members of the a Limited Liability Company existing under the laws of the State of , held on , 20_, the following resolution was duly passed and adopted: "RESOLVED, that and , as Members of this Limited Liability Company, be and are hereby authorized to execute the Agreement dated , 20_, to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _, day of , 20_ A Limited Liability Company By: Member By: Member (SEAL) City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -32 Contract Certificate Contract Documents CONTRACT CERTIFICATE (if Partnership) STATE OF ) ) ss. COUNTY OF ) HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of the State of held on , 20_, the following resolution was duly passed and adopted: "RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the Agreement dated ' 20 , by and between this Partnership and the City of Bremerton and that his /her execution thereof attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 20_ Partner (SEAL) City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -33 Contract Certificate Contract Documents CONTRACT CERTIFICATE (if Joint Venture) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of held on ,20 the following resolution was duly passed and adopted: "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the Agreement dated 20_, by and between this joint venture and the City of Bremerton and that his /her execution thereof attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _, day of 20_ Managing Partner (SEAL) END OF AGREEMENT City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -34 Contract Certificate Contract Documents PERFORMANCE BOND (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That as CONTRACTOR, and as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed Agreement with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "City of Bremerton Department of Parks and Recreation, Evergreen Rotary Park Renovation "; now, therefore, In the event CONTRACTOR fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein, the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNER's expenses to construct or repair all work as well as all loss, cost, expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond, the Surety shall either: 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of time acceptable to the OWNER. The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract, or 2. Tender to the OWNER the demanded sum, up to the amount of the bond. However, if the amount necessary for the OWNER to cure the default is less than the amount tendered, the OWNER will return, without interest, any overpayment to the Surety. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City for all costs and expenses, (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -35 Performance Bond Contract Documents PERFORMANCE BOND (Page 2 of 2) The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR. This bond shall remain in full force and effect for a period of one (1) year following final acceptance of the project by the City, and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR. IN WITNESS WHEREOF, we have hereunder set our hands and seals this day of , 20_ (SEAL) (SEAL) (CONTRACTOR) (Surety) By: B (Signature and SEAL) (Signature and SEAL) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: Address of Surety for service of process: (must be a physical address) City of Bremerton Aprif 2014 Evergreen Rotary Park Renovation Project 1 -36 Performance Bond Contract Documents PAYMENT BOND (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That as CONTRACTOR, and as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed CONTRACT with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "City of Bremerton Department of Parks and Recreation, Evergreen Rotary Park Renovation "; now, therefore, If said CONTRACTOR, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the CONTRACT is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including, but not limited to fee and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -37 Payment Bond Contract Documents PAYMENT BOND (Page 2 of 2) IN WITNESS WHEREOF, we have hereunder set our hands and seals this day of , 2014. (CONTRACTOR) (Surety) By: By: (Signature and SEAL) (Signature and SEAL) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: Address of Surety for service of process: (must be a physical address) City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -38 Payment Bond Contract Documents Department of Labor and Indistries Prevailing Wage STATEMENT OF INTENT TO (360 902 E PAY PREVAILING WAGES www.h.waLitoy/Trftdc5LimsimifteyWaite �` '�f 'aB° �' Public Yorks Contract • 77us form Imist h typed or printed in ink. • FIII In all blank, or the form will he returned for correction (see Inatraclhons), $40.00 Filing Fee Required • Please allow a minlinum of 10 uvrking days for processing. • Once approved, your foil will be posted online at Intent ID # (Assigned by L &I) httm: /l fortress. wa.itov9nilnnianub /Se.uchFor.os2 Your Company Irdormallon Aaardlne Agetay Infarmallon Your Company Name Project Name ConUaa Number ABC Company. Inc Road Repair 2011.01 B Your Address Awarding Agency 1234 Main Street WA State Department of Trutt i i n City Slate Zipi 4 Awarding Agency Addess! Olympia WA 98501.1234 PO Box 47354 Your Contractor Registrahat Number Your tlBI Number City State )) ip{4 ABCCI *0123AA 123456789 olyrniiia WA ,1r'' 98501 Your Industrial Insurance Account Numbr Awarding cy Contact Name Phbnej Mber 111,111.11 John V05-5555 Your Email Address (required far voliOntion of IWO.d) Your Phone Number Joutract ounty Whcre aka Vill Be Performed (flty Where Work Will Be Performed prevailingwagc4ini wa.gov (.555) 555.5 Olympia Addlllonal Detafis Deialls jail Expected Job Start Date (.tnrtd(Nyyyy) < Bid Due a Prime 's/ Award Date (Prime Contractor's) o1;01n011 9101a01 08110/2010 Job Site AddressiDuedlmis lnd11mte 1 Dollar Amount r Contract (includ State Street @ Plum Street salts m err time and matmal% if ipplicabte $1000 ARRA Funds N'ealhertsallon or Eneripy Efficient Funds Doesthisproject utilize American Recovery and Reinveslment Act (ARR Does this ojctLu zeanyweatherizaiionerrenergyefficiency upgradefimds ❑ Yes ® No (ARRA or o e("ise)? ❑ Yes ® No Prune Cantractur's Company information 7�_ \Hh1nSContn;c11or's Company Information Prime Ctamtrsctar's Company Name Prund Contrabor:s [went N hit- rte's Company Name RYZ Company, Inc. 1 45 \ r�avcm Inc. Prime Contractor's Registration Number Prime Cen s b Hiking Contractor's Contractor Registration Number Hiring Canwclor's UNumber BI Number XN'ZIN *0123AA 98765432/ SUPERPAl23AA 321456987 E mployment Inrormatlan Do you intend to use AUX subcontractle ❑ Yes �.17o W ill employees perform work on thisproject? ®Ves ❑ No Will A" work be subcontracted? �1ftt � ® No Do you intend to use apprentice employees? ® Yes ❑ No Number of Own s who own at comp �w o will perform work on the project: ❑ None (0) 10 One (1) ❑ Two (2) ❑ Three (3) Crarts/Trades' tlputlous 1 413o not list tices. They are hoed on die Affidavit of W ages Paid oily.) Rate or Hourly 7 Number of Rate of Hourly Mari employs arks in tome dual me tmdc, ensyh then all hours worked in each reds ate reported below pay Usual (-Fringe-) For additional traded wseuse�IdglYlum Workers A. Benefits Laborer Asphalt'� V 2 3928 5.00 Power Equipment Operator - Asphalt Pt i Operator 1 4 &04 2.35 Truck !river - Asphalt Mlxitkli r� bas) 1 1 46.47 1 0.00 Signature Block I hereby certify that r hne read mW understand the uu4nittien9 to e coaplete itus fin and dint the mfor attac inchldmg arty addenda arc correct and daze all workers I employ on this Pubhc Works Pro - eet well be laid no lees than the Prevadm N Reel s) m determaried by the Iridurtnal Statisucun of W e 10 of Iabor and hnduarfa. Print Name: Print Title: SI• afore: - Date: F .rf,&[[JwOnlv - rovcd by signature of the Department of Labor and Industries Industrial Statlstloan NOTICE: if the prime e-Uvd It o cop of wer one mmlon daam (St.ODa000.en), RCw 39.06370 rtgatret you to tomplde Iut EIIR 2905 (RCW 39.04.870) Addmdam m0 attach h t• your Amaevit err wagn of Paid auto your work on me project conezoom 711111 - o ly a oge The 151113 2905 Addend® It O W ab.1"W wtm ruts came. SAMPLP. - F700 -029 -0at Sntemtal Of fatem to Pay P W a8n 03.1011 END OF CONTRACT FORMS City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1 -39 Statement of Intent to Pay Prevailing Wages, Contract Documents Department of Labor AMERICAN TOWER MW PIO$WR PAR WAY etnE m fNHO. n 700!3 - -O' A(KitR) �YM'- O'.(I. lKNTt or:. a� BR0202 e, .OL (KelT, - �.�.�,I° - - - - �• �' SUNNYSLOPE $` -07e�@ W1m Id9�!�IDOI� — — — — — — W.C•.bL IKA.I - '� � § GM ew WARM OR m ! OR61ERTOK WA 800@ riealoe®tvue oc Y 11C�4� i- 1 _nit•�119�'E/19eN� _ — — _ __ � { 4 @4�fiQ k:0:�1�2��ER1i4tl� — _ _ — — /� �e �1 Y W 4 AGL NFWYI '� V�IiT ABROCUT69 - lwot urx.acw.wnaoo awltmoao. ru osms wOf�Hallo® .� I.alas�tH1 ^••^ COx t+ooere v: ion PRO,EOT MA MOM ex raacreat rn ee �.anm noxwn�e rta a •a�om nwtm wax almtl Iw7m e.xc ermTl PREPARED BV. aao APPROVED EV• e.c raaaa®.rn a.• ace �vmaa nav+atm.c eui 1'ib9efD. *1, uru,T evuran axr� un1 as+llc ,eiro xoa,em v nur ®.,n tt�[a run atx ta,m n.ee ro eecwecr. 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MD DaXfnEGl - I — OHM NAM -- - - - ELEVATIONS PROPOSED SOUTH ELEVATION PROPOSED WEST ELEVATION ONSET N10®EA A -3 ELEVATIONS PROEC710AOE� SCALE. 1/8' - 1' -0' 122x341• 1/16' • V -0' 111071 AGENDA BILL CITY OF BREMERTON &A CITY COUNCIL ■■ a�e��reea��s��dEaa0MM00dNEEENMEEaNN00EE0a0E0N00EEaNEM0000EaE000E0MM000s0MN00NEEI SUBJECT: Public Hearing and adoption of Study Session Date: May 14, 2014 Resolution No. 3219 approving the 2015 COUNCIL MEETING Date: May 21, 2014 Bremerton /Kitsap County Block Grant Policy Department: DCD — Block Grant Plan and Kitsap Coordinated Grant Notice of Presenter: Marie Vila Funding Availability Phone: 360- 473 -5375 SUMMARY: The CDBG /HOME Policy Plan is a point document of the City of Bremerton and Kitsap County Block Grant programs. It sets the parameters for the management of our HUD entitlement grant awards, provides specific inforination about the policies and regulations for the use of HUD Block Grant funds, includes the Citizen Participation Plan, and outlines the allocation process. The Notice of Funding Availability lists funds available, targeted allocations, priorities, and dates -to- remember. Please see the attached Staff Memo for notable details included in the 2015 Policy Plan and NOFA. ATTACHMENTS: 1. Staff Memo and Public Comment 2. Resolution No. 3219 with Exhibits Exhibit A: 2015 City of Bremerton /Kitsap County CDBG /HOME Policy Plan Exhibit B: 2015 Coordinated Grant Notice of Funding Availability FISCAL IMPACTS (Include Budgeted Amount): None. Block Grant is pass - through funding from the Department of Housing and Urban Development and any recommended allocations are paid 100% through the City's CDBG and HOME grants. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. 3219 adopting the 2015 City of Bremerton /Kitsap County CDBG /HOME Policy Plan and 2015 Notice of Funding Availability. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 nt DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council From: Marie Vila, CDBG /HOME Administrator Date: May 14, 2014 Re: City of Bremerton Block Grant Program 2015 Policy Plan and NOFA The City plans to participate in the 2015 Coordinated Grant Application process in cooperation with Kitsap County Block Grant and KRCC Homeless and Affordable Housing Grant programs. 2015 will be our fourth year presenting a coordinated grant application, and our third year utilizing a 3' party vendor, Fluid Review, to develop and host an online application. The online application has proven to be a great tool for streamlining, timesaving, and conservation of resources, especially as we make improvements year- after -year. The 2015 Notice of Funding Availability for the Coordinated Grant Application provides information about the funds available, funding schedule, review and rating process, how to submit an application and where to obtain assistance. The following are special allocations proposed in the 2015 NOFA: 1. Set -aside of funds for Down - Payment Assistance Program Staff recommends setting aside $55,000 in HOME funds and $20,000 in CDBG funds to continue the House -Key Bremerton program, which offers down - payment assistance to 1' time income - qualified homebuyers including a match of 25% of the down payment loan from the Washington State Housing Finance Commission. The program is set to be reactivated in 2014 with funds allocated in the 2014 NOFA, once the City's CDBG and HOME funds are released by HUD. The 2015 NOFA requests a HOME DPA set -aside increase of $25,000 over 2014 in order to expedite expenditure of aging HOME funds. The 2015 CDBG / HOME Policy Plan is a joint document of the City and County Block Grant Programs. It sets parameters for the management of our HUD entitlement grant awards, provides specific information about the policies and regulations for the use of HUD Block Grant funds, includes the Citizen Participation Plan, and outlines the allocation process. Each year the Policy Plan is reviewed and presented to Council for changes, if necessary. The following are changes proposed in the 2015 Citizen Participation Plan: 2. Term length for Grant Recommendation Committee Members Staff recommends setting Grant Recommendation Committee member terms to one year, renewable. This policy will encourage new member participation, provide more flexibility to elected officials handling appointments, and reduce staff workload for managing staggered, multi -year terms. A 30 -day public comment period, commencing April 18, 2014, was advertised in the Kitsap Sun. All comments received from the public by May 20, 2014, will be provided to City Council for consideration. The Draft 2015 CDBG / HOME Policy Plan and NOFA will be presented to City Council for adoption in a public hearing scheduled for May 21, 2014. If you have any questions about the program or recommended funding, please do not hesitate to contact me at 473 -5375. Page 2 Public Comment (public comment period open through May 20, 2014) 1. 2. 3. 4. Page 3 RESOLUTION NO. 3219 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2015 City of Bremerton/Kitsap County CDBG /HOME Policy Plan and Notice of Funding Availability. WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development, and also receives finding fi HUD's Home Investment Partnerships (HOME) fiend via an inter -local agreement with .Kitsap County; and WHEREAS, the Department of Community Development Block Grant staff estimates a 2015 CDBG allocation of $376,880, 20% of which will be set -aside for administration, and a 2015 HOME allocation of $450,668, 10% of which will be set -aside for administration; and WHEREAS, the Department of Community Development Block Grant staff recommends a targeted allocation of $20,000 CDBG fiords and $55,000 HOME funds for the House Key Bremerton Down - Payment Assistance Program; and WHEREAS, all remaining funding will be allocated competitively to eligible applicants for projects that fit the requirements set forth in the CDBG regulations at 24 CFR part 570 and HOME regulations at 24 CFR part 92; and WHEREAS, the Department of Community Development CDBG /HOME staff advertised in the Kitsap SUN and posted on the City's website on Friday, April 20, 2014 a 30- day written public continent period commencing April 20, 2014, ending May 20, 2014 and open for public comment in a public hearing on Wednesday, May 21, 2014; and WHEREAS, no comments were received during the advertised public comment period; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOTES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The 2015 CDBG /HOME Policy Plan attached hereto as Exhibit A is hereby adopted. 1 2015 CD.BGIHOME Policy Plata SECTION 3. The 2015 CDBG /HOME Notice of Funding Availability attached hereto as Exhibit B is hereby adopted. SECTION 4. Severcahility. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 5. g fecth e Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this clay of 5 2014. Greg Wheeler, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:`,Le�(,al \Legal \Resolutions \Community Development \2015 CDBG HOME Policy Plan.doc 2 2015 CDBG /HOME Policy Plan City of Bremerton and Kitsap County Community Development Block Grant • •!I Y�. I I �, t � i `" signs of � rwress • - sigps. of saccess 2015 CDBG /HOME POLICY PLAN CDBG /HOME POLICY PLAN Contents Community Development Block Grant Program ....... ..............................1 CDBGFunding ..................................................... ..............................1 HOMEFunding ..................................................... ..............................3 Allocation Process ................................................ ..............................4 Policies & Regulations for Use of Funds ............................. ..............................6 Citizen Participation Plan ......................................... .............................12 Consolidated Plan ................................................. .............................12 Appendix A — Citizen Participation Plan Appendix B — Requirements for Section 108 Loan Guarantee Appendix C — Consolidated Plan Objectives & Strategies Appendix D — CDBG Eligibility Requirements & Program Rules Appendix E — HOME Eligibility Requirements & Program Rules Appendix F — Anti - Displacement & Relocation Assistance Plan Appendix G — Glossary CDBG /HOME Policy Plan 1 2015 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHAT IS THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM? The Community Development Block Grant Program is a source of funds used in the local community to provide decent housing, suitable living environments and economic opportunities primarily for low and moderate income households. The City of Bremerton is designated as an Entitlement Community by the Department of Housing and Urban Development (HUD) and receives federal funds in the form of Community Development Block Grant (CDBG). Kitsap County, with the cities of Port Orchard, Poulsbo and Bainbridge Island, is also designated as an Entitlement Community and receives a separate allocation of CDBG funds. Kitsap County and the City of Bremerton together form a consortium and receive an allocation of HOME Investment Partnership Program (HOME) funds. Through an interlocal agreement between the County and the City, 42% of the annual allocation of HOME funds is designated for the City and the remaining designated for the County. CDBG and HOME funds are allocated annually through a competitive grant process. Projects funded are included in the annual Action Plan submitted to HUD. Projects funded must address needs identified in the Consolidated Plan, which is updated every five years. IF- CDBG FUNDS WHAT ARE CDBG FUNDS? The Community Development Block Grant (CDBG) program is a flexible program that provides communities with funding to address a wide range of unique community development needs. The program is authorized by Title I of the Community Development Act of 1974. Funds are used to assist in the development of decent housing, create suitable living environments, and expand economic opportunities primarily for persons of low and moderate income. All projects funded with CDBG must meet one of the three national objectives: 1. Principally benefit low and very low income, households; 2. Reduce or prevent slum and blight; or, 3. Meet an urgent need (emergency or natural disaster) WHO IS AN ELIGIBLE APPLICANT /RECIPIENT? Eligible applicant/recipients include: • City or County governments • Public and private nonprofit organizations (501(c)3) • Section 301(d) small business investment companies • Local development corporations • Private for - profit organizations may implement certain economic development and microenterprise activities. • Faith based organizations • Additionally, applicants must: 1 CDBG /HOME Policy Plan 1 2015 • Demonstrate an active governing body or board of directors with skills and experience to provide leadership and direction to the agency. • Demonstrate the legal, financial, and programmatic ability to administer the proposed program /project; and, • Meet the County /City requirements for contracting agencies such as insurance requirements, audit and financial requirements. WHAT ARE ELIGIBLE ACTIVITIES? Eligible activities are defined in the CDBG program regulations at 24 CFR 570.201 and 570.207. A list of some of the activities follows: • Acquisition of real property by purchase, lease or donation • Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements • Code enforcement in deteriorated or deteriorating areas • Clearance, demolition and removal and rehabilitation of buildings and improvements • Removal of material and architectural barriers • Public services (including labor, supplies and materials) including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreation needs • Planning activities • Assistance to Community Based Development Organizations (CBDO) to carry out projects • Assistance to carry out economic development projects • Housing services such as housing counseling and energy auditing • Assistance to facilitate and expand homeownership opportunities for low and very low income people • Lead based paint hazard evaluation and reduction The following activities are generally not eligible for CDBG funding: • New residential housing construction, except in special circumstances • Regular government operations • Buildings such as city halls, police stations, or other buildings primarily for the general conduct of government (except for the removal of architectural barriers) • Income payments such as payments to individuals or families for food, clothing, or rent, except in certain circumstances • Political activities • Vehicles and Equipment Note: The above lists are not comprehensive. For a complete list of eligible or ineligible activities refer to CDBG regulations in 24 CFR 570.201 and 570.207 Appendix D provides additional information designed to assist you in defining the eligibility and national objective that your activity meets and the type of information you will need to provide in your application. 2 CDBG /HOME Policy Plan 1 2015 WHAT IS THE SECTION 108 LOAN GUARANTEE? ETheSection 108 Loan Guarantee Programs for the City of Bremerton and Kitsap County have been deactivated due to budget and funding cuts Section 108 is a loan guarantee provision of the CDBG program. Section 108 provides communities with a means of leveraging their CDBG funds to obtain additional financing resources for economic development, public facilities, large -scale physical development projects and housing rehabilitation. Local governments borrowing funds guaranteed by Section 108 must pledge their current and future CDBG allocation to cover the loan amount as security for the loan. The decision to award a Section 108 loan to a particular project is made by HUD. Section 108 Loan Guarantee funds may be used for activities described in 24 CFR 570.703 provided such activities meet the general requirements of the CDBG program as described at 24 CFR 570.200. Eligible activities are defined in the CDBG program regulations at 24 CFR 570.201 and 570.207. Eligible activities include, but are not limited to: • Acquisition and rehabilitation of real property; • Specific relocation assistance; • Clearance, demolition and removal activities; • Site preparation; • Specific economic development activities; • Acquisition, construction, reconstruction, rehabilitation, or installation of public facilities; and • Specific construction of housing by non - profit organizations. IF- HOME FUNDS WHAT ARE HOME FUNDS? The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA). The Housing and Community Development Act of 1992 and the Multifamily Property Disposition Act of 1994 made important changes to the Program. The intent of the HOME Program is to: • Expand the supply of decent, safe, sanitary, and affordable housing; • Strengthen the abilities of state and local governments to provide housing; • Expand the capacity of nonprofit community based housing development organizations; and, • Leverage private sector participation in financing affordable housing. Beneficiaries of HOME funds — homebuyers, homeowners or tenants — must have incomes below 80% of the area median income. The HOME program also requires a match of 25% or greater in other non - federal funds for projects. For more information on specific requirements of the HOME program see Appendix E. WHAT ARE ELIGIBLE ACTIVITIES? The Eligible activities are defined in the HOME program regulations at 24 CFR 92.205. A list of some of the activities follows: 3 CDBG /HOME Policy Plan 1 2015 • Rehabilitation of residential property where property is fully repaired • New construction of residential property • Acquisition of residential property • Rental assistance payments to tenants • Relocation associated with an eligible HOME project • A small part (up to 5 %) of the annual HOME allocation may be used to help pay the operating expenses of designated Community Housing Development Organizations (CHDOs) within the guidelines established by HUD The following activities are generally not eligible for HOME funding: • Project reserve accounts, except for the initial 18 months of a HOME assisted new construction project • Emergency home repair programs • Public housing units • Commercial properties • Shelters, unless they meet Section 8 Housing Quality Standards and otherwise can be considered rental housing • Project based tenant assistance Note: The above lists are not comprehensive. For a complete list of eligible or ineligible activities refer to HOME regulations in 24 CFR 92.205 IF-- ALLOCATION PROCESS HOW ARE FUNDS ALLOCATED? The City of Bremerton and Kitsap County, in conjunction with the Affordable Housing Grant Program and Homeless Housing Grant Program, and Consolidated Homeless Grant Program conduct a competitive funding application process. A single application is made available in May of each year and a public process is used to determine funding allocations. This process is detailed in the Citizen Participation Plan (Appendix A). The public is encouraged to participate in the process and its end product: the submission of an annual Action Plan to the Department of Housing and Urban Development. HOW MUCH MONEY IS AVAILABLE? The amount of CDBG and HOME funds available for the annual application cycle is determined by the amount appropriated in the federal budget and HUD's formula allocation for that year. The City and County estimate funds available based on prior year's allocations and includes the estimates in the Notice of Funding Availability (NOFA) for the year. Applicants should request a minimum of $10,000 per application. Grant awards will typically not be awarded for less than $10,000 except at the discretion of the Grant Recommendation Committee. The amount of funds available for Section 108 Loans is five times the current CDBG allocation, less any outstanding loans. The amount is included in the NOFA separately for the County and City. Please note, at this time the City of Bremerton and Kitsap County Section 108 Loan Guarantee Programs are inactive due to funding cuts. 4 C DBG /HOME Policy Plan 1 2015 FORMS OF ASSISTANCE Kitsap County: Funds will be provided in the form of a grant except HOME projects obtaining tax credits may be provided a loan. Loan terms will be negotiable and be determined at the time of underwriting review. City of Bremerton Funds will be provided in the form of a grant except awards of $200,000 or more of CDBG and /or HOME (cumulative and including awards from multiple years) for a single project site will trigger a loan for the following types of activities: • Acquisition of land and /or buildings • Rehabilitation • New construction • Direct homeowner assistance Loan term will be for a maximum of 40 years. All loans will be interest bearing at 3% annual interest rate and will not be forgivable. Other loan terms will be evaluated on a project by project basis during the subsidy layering review and included in the written agreement and loan documents. WHAT IS THE DISTRIBUTION OF CDBG AND HOME FUNDS? The CDBG and HOME programs allow certain set - asides to further specific program goals. The City and County set additional funding targets to help meet local objectives. The following is the distribution for Kitsap County and the City of Bremerton (local targets in italic): CDBG • Public Service Projects - 15% max • Planning & Administration — 20% max o Planning applications not accepted due to insufficient funding • Capital Projects — 65% • Economic Development — 10% of capital • City of Bremerton Down Payment Assistance set -aside - $20, 000 HOME • Administration - 10% max • Community Housing Development Organization (CHDO) Set -Aside — 15% min • Capital Projects— 75% o City of Bremerton Down Payment Assistance set -aside - $30, 000 HOW CAN MY ORGANIZATION APPLY? The annual application cycle begins in April with the publication of the Notice of Funding Availability and Policy Plan and commencement of a 30 day public comment period. At the end of the comment period, upon approval of the Policy Plan by the Kitsap Regional Coordinating Council (KRCC) and Bremerton City Council, the application is made available on -line. Interested organizations can find the application and all associated information on the County web site athttp:// www .kitsapgov.com /hs /block_grant program /cdbg.htm, under Application Cycle, or on the City web site at http: / /www.ci .bremerton.wa.us /display.php ?id =864 The schedule for the annual application cycle, including the due date for applications, is also available on the web site. Interested organizations may also contact Block Grant staff - to 5 C DBG /HOME Policy Plan 1 20'15 request to be placed on the City /County interested parties list to receive automatic notices about these programs. WHEN WILL FUNDS BE AVAILABLE? Funds for the programs' January 1 — December 31 program year are generally not available until spring or early summer of the program year. Timing is dependent on federal budget approval —which is often delayed —and how quickly HUD is then able to allocate funds to local jurisdictions. The County and City will not execute contracts with subrecipients until we have a contract from HUD. Once contracts are executed, CDBG and HOME funds can only be disbursed on a reimbursement basis. POLICIES & REGULATIONS FOR USE OF FUNDS CDBG and HOME funds are Federal funds. Use of Federal funds may affect the way your agency does business. If you are applying for Federal funds for the first time, you are strongly encouraged to familiarize yourself with the requirements. A Guidebook for recipients of CDBG and HOME funds can be found on the Kitsap County Block Grant Program web site at: http: / /www.kitsapgov.com /hs /block grant program /cdbq.htm (click on Guidebook) or on the City web site at http:// www. ci .bremerton.wa.us /disolay.php ?id =1206 . You may also contact the County or City Block Grant Staff for additional assistance. A. GENERAL REQUIREMENTS 1. Consistency with applicable City, County, and /or State Codes and Policies To be considered for funding, projects must be consistent with adopted codes and other applicable policies, plans and standards Agencies that are currently receiving County or City CDBG or HOME funds, who are applying for funds, must be in compliance with all terms of their current agreement(s) and must not have outstanding audit findings, monitoring findings or concerns related to prior year's funding. 2. Contract Retainage for Federal Compliance City /County will withhold up to 20% of the award amount included in the written subrecipient agreement until all federal compliance requirements are met. All construction contracts between a subrecipient (ie: your agency) and contractor shall have 10% of payment retained until fulfillment of federal compliance is documented. 3. Definition of Income Most CDBG and HOME funded projects use income to determine who is eligible for services or housing. Per HUD, income must be defined in one of two ways under the CDBG and HOME programs; subrecipients must select one method which it will use for the duration of each program /project (rental housing projects must use the Part 5 definition): 6 CDBG /HOME Policy Plan 1 2015 Annual income as defined in 24 CFR 5.609, referred to as "Part 5 annual income ", or; Adjusted gross income as defined for reporting purposes under the IRS Form 1040 long form (not IRS Forms 1040A or 1040EZ). For more information on determining income see the Technical Guide for Determining Income and Allowances for the HOME program. This guide and can be downloaded from: http: / /portal.hud.gov /hudportal /HUD ?src = /program offices /comm plan n i ng/affordableho using /library /modelquides /2005/1780 4. Project/Activity Delivery Costs Block Grant staff costs directly related to carrying out a funded activity may be charged to the subrecipient grant award, reducing the amount available to the subrecipient. Project/Activity delivery costs will be charged back to capital projects only, for staff duties including but not limited to carrying out NEPA compliant environmental review, fulfilling Davis Bacon Certified Payroll review and enforcement, underwriting loans and housing inspections. For example, an agency is awarded $50,000 for a capital project, block grant retains $2,500 for completing the NEPA review, and the subrecipient agreement is written for $47,500. Staff reports the full award of $50,000 to HUD in the annual Action Plan. 5. Commitment and Timely Expenditure of Funds In order to meet regulatory requirements the City and County have established the following policies for CDBG and HOME funded projects: a. COMMITMENT: Y Organizations awarded CDBG or HOME funds must enter into a written agreement with the County /City during the award year (i.e. Funds awarded for 2014 must have an agreement executed by Dec. 31, 2014). )o- In certain circumstances a conditional commitment of funds may be made for Capital projects that do not have all project funds committed at the time of recommendation. If after 18 months of conditional commitment (from the beginning of the program year, January 1) all funds have been committed, the subrecipient will enter into a formal written agreement with the Block Grant Program. If all project funding has not been secured within the 18 months the conditional commitment will be canceled and the funds will be allocated in the next funding round. b. TIMELY EXPENDITURE OF FUNDS: CDBG Public Service funding must be fully spent by December 31 st of the award year. > Projects using HOME funds to acquire vacant land must be under construction within 12 months of the commitment date. ➢ Organizations must begin drawing funds within one year of the contract execution date (date the contract was signed by County /City Mayor) and at least annually thereafter. 7 CDBG /HOME Policy Plan 1 2015 c. DEOBLIGATION OF FUNDS: > Organizations unable to meet these requirements will lose their funding; funds will be allocated to another eligible project. 6. On -going Restrictions for CDBG & HOME Funded Capital Projects HUD requires that facilities acquired, constructed or improved with CDBG and /or HOME funds be "publicly owned" and that the public interest be protected. The interest will be secured, when appropriate, through a lien on the property recorded as a deed of trust, explaining the sale and change of use provisions that accompany CDBG /HOME assisted real property. The specific terms and conditions of the public interest security agreements will vary depending on.the type of project assisted. B. HOME FUNDING - SPECIFIC REQUIREMENTS 1. For more information on specific rules and requirements of the HOME program, including determining whether your project is eligible, please see Appendix E HOME Eligibility Requirements and Program Rules. C. CDBG FUNDING - SPECIFIC REQUIREMENTS 1. For more information on specific rules and requirements of CDBG, including meeting a National Objective, please see Appendix D CDBG Eligibility & Program Requirements. D. FINANCIAL MANAGEMENT 1. Uniform Administrative Requirements Agencies which are governmental entities must comply with the requirements and standards of: > OMB Circular No. A -87, "Principles for Determining Costs applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments" > OMB Circular A -128 "Audits of State and Local Governments" > 24 CFR Part 85 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (certain sections) Non - governmental agencies, acting as subrecipeints, must comply with the requirements and standards of: ➢ OMB Circular No. A -122, "Cost Principles for Non - Profit Organizations" or OMB Circular No. A -21, "Cost Principles for Educational Institutions" > OMB Circular A -133 "Audits of Institutions of Higher Education and Other Nonprofit Institutions ". > 24 CFR Part 84 and OMB Circular A -110 "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals or Other Non - Profit Organizations ". 2. Audit Requirements Private non - profit agencies expending $500,000 or more in federal funds annually (whether CDBG / HOME alone or CDBG / HOME in conjunction with other federal funds) must have an annual audit conducted by an independent auditor in accordance with OMB A -133 Audit Standards for Private Non - Profit Organizations. Agencies are responsible to meet this audit requirement. 8 CDBG /HOME Policy Plan 1 2015 Agencies that do not meet the $500,000 threshold mandatory A -133 audit are encouraged to obtain an annual audit if their operating budget is $100,000 or greater. Smaller agencies are encouraged to obtain at least a third -party annual financial review. Block Grant staff will review financial information closely for all agencies submitting application. E. PROCUREMENT Any subrecipient using CDBG or HOME funds to purchase goods or services must have a formalized written procurement procedure in place prior to contracting for any goods or services. Procurement requirements are contained in 24 CFR Part 85 for governmental entities and 24 CFR Part 84 for Non - Profits, Institutions of Higher Education and Hospitals. Additional information on procurement requirements can be found in Section E of the CDBG /HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web sites. F. ENVIRONMENTAL REVIEW 1. Environmental Review (24 CFR Part 58) All CDBG /HOME projects must have a NEPA compliant environmental review process completed before any funds, including funds committed from other sources, can be spent on the project. Additional information on environmental review requirements can be found in Section F of the CDBG /HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web sites. The costs associated with conducting a NEPA compliant environmental review for Capital CDBG and HOME funded projects may be charged to the grant award as project costs (HOME) or activity delivery costs (CDBG). Cost will vary depending on the level of review and complexity of the project and include staff time, cost of publishing required legal ads and printing costs. The cost of any studies required to complete the environmental review (i.e. Phase I Environmental Site Assessment, Geotechnical Report, Cultural Site Assessment, etc.) will be in addition to the costs associated with preparation of the NEPA environmental review and will be the responsibility of the subrecipient. G. EQUAL OPPORTUNITY A ACCESSIBILITY 1. Fair Housing and Equal Opportunity All CDBG /HOME projects must comply with all of the following Federal laws, executive orders and regulations pertaining to fair housing and equal opportunity: a. Title VI of the Civil Rights Act of 1964 No person may be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal assistance on the basis of race, color or national origin (24 CFR Part 1). b. The Fair Housing Act Prohibits discrimination in the sale or rental of housing, the financing of housing or the provision of brokerage services against any person on the basis of race, color, religion, sex, national origin, handicap or familial status (24 CFR Part 100 -115). c. Equal Opportunity in Housing Prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other 9 CDBG /HOME Policy Plan 1 2015 disposition of residential property, or in the use or occupancy of housing assisted with Federal funds (24 CFR Part 107). d. Age Discrimination Act of 1975 Prohibits age discrimination in programs receiving Federal financial assistance (24 CFR Part 146). e. For more information on eliminating discrimination visit www.hud.gov/offices/fheo/progdesc/title8.cfm 2. Handicapped Accessibility CDBG and HOME funded projects are subject to the following regulations governing the accessibility of Federally- assisted buildings, facilities and programs. a. Americans with Disabilities Act Provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services and telecommunications. The Act requires certain buildings or other facilities that receive Federal funds to be designed, constructed or altered in accordance with standards that insure accessibility to and use by physically handicapped people. b. Section 504 Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in federally assisted programs on the basis of handicap Additional information on equal opportunity and accessibility can be found in Section G of the CDBG /HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web site. H. LABOR STANDARDS & CONSTRUCTION 1. Equal Opportunity for Employment and Contracting CDBG and HOME funded projects are subject to the following regulations governing employment and contracting opportunities. a. Equal Employment Opportunity Prohibits discrimination against any employee or applicant for employment because of race, color, religion, sex or national origin. Provisions to effectuate this prohibition must be included in all construction contracts exceeding $10,000 (41 CFR Part 60). b. Section 3 of the Housing and Urban Development Act of 1968 Requires that, to the greatest extent feasible, opportunities for training and employment arising from CDBG or HOME funded projects will be provided to low- income persons residing in the program service area. c. Minority/Women's Business Enterprise Outreach to minorities and women in contracting for services (24 CFR 85.36(e)). 2. Labor Requirements CDBG and HOME projects must comply with certain regulations on wage and labor standards. Pursuant to the Davis -Bacon Act, federal wage rates apply to most (but not all) construction projects over $2,000. Applications that involve construction must consider Davis -Bacon wage rates in the budget. The costs associated with the review of Certified Payrolls and compliance with DBRA requirements may be charged to the grant award as project costs (HOME) or activity delivery costs (CDBG). Cost will vary depending on the complexity of the project a. Davis -Bacon and Related Acts Ensures that mechanics and laborers employed in construction work under federally assisted contracts are paid the Federal prevailing wage for the locality. 10 CDBG /HOME Policy Plan 1 2015 b. Contract Work Hours and Safety Standards Act Provides that mechanics and laborers employed on federally assisted construction jobs are paid time and one -half for work in excess of 40 hours per week. c. Copeland (Anti - Kickback) Act Governs the deductions from paychecks that are allowable. More information on Davis Bacon requirements can be found in Section I of the CDBG /HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web sites. 3. Lead -Based Paint Hazard (24 CFR Part 35) Housing built before 1978, assisted with HOME or CDBG funds, is subject to the Lead - Based Paint Poisoning Prevention Act. The law imposes requirements related to: • Disclosure of known hazards and what has been done to reduce them; • Treatment, relocation during treatment, and ongoing inspection of units. Project feasibility is an important consideration for housing with lead -based paint. Recipients of CDBG or HOME funds will need to be aware of the potential for additional time and cost associated with lead -based paint hazards. Information on Lead -Based Paint requirements can be found in Section I of the CDBG /HOME Guidebook on the Kitsap County or City of Bremerton Block Grant Program web sites. 4. Compliance with Codes & Standards for Rehabilitation and New Construction a. All capital projects funded with CDBG or HOME must comply with local building and fire codes. b. All HOME funded Rehabilitation projects must comply with the Rehabilitation Standards adopted by the Kitsap County & City of Bremerton Block Grant Program. c. All rental housing units purchased and /or rehabilitated with CDBG or HOME must pass a Uniform Physical Conditions Standards inspection. d. All housing must comply with the applicable accessibility requirements for persons with disabilities. 1. REPORTING & MONITORING All programs and projects funded with CDBG or HOME funds will be required to submit quarterly reports. Reports will be provided by the Block Grant Program and may be submitted electronically. Annual on -site monitoring is conducted by staff for all open contracts. A monitoring checklist is used by staff to review compliance with the requirements of the written agreement and federal regulations. Agencies will be contacted at the end of the program year to schedule the monitoring visit. J. ACQUISITION & RELOCATION 1. Uniform Relocation Assistance & Real Property Acquisition (49 CFR Part 24) These regulations apply to any federally- assisted project involving acquisition demolition or rehabilitation Proposals for CDBG and HOME funded projects that are likely to cause displacement of people or businesses are discouraged. Any project that is likely to cause displacement must include relocation assistance payments in the budget and be consistent with the federal Uniform Relocation Act. Projects which trigger this regulation must follow the Anti - displacement and Relocation Assistance Plan included in Appendix F. If your project includes acquisition, rehabilitation or demolition you are strongly urged to discuss the requirements with Block Grant staff before entering into any legally binding agreements. 11 C DBG / HOME Policy Plan 1 2015 2. Minimizing the Loss of Low and Very Low Income Dwelling Units (24 CFR Part 42) Any CDBG /HOME proposal that would directly result in any occupied or vacant occupiable low and very low income dwelling units being (1) demolished, or (2) converted to a use other than as low and very low income housing must include a realistic plan to provide replacement housing within three years of the commencement of the demolition or rehabilitation relating to conversion. Projects which trigger this regulation must follow the Anti - displacement and Relocation Assistance Plan included in Appendix F. CITIZEN PARTICIPATION PLAN HUD requires a Citizen Participation Plan be adopted by jurisdictions receiving CDBG and HOME funds. The plan details the process used by the County and the City in development of the Consolidated Plan and annual application cycle which results in the Action Plan submission to HUD. The Kitsap County /City of Bremerton Block Grant Program Citizen Participation Plan can be found in Appendix A. CONSOLIDATED PLAN WHAT IS THE CONSOLIDATED PLAN? The Consolidated Plan rolls the planning, application and performance reporting requirements of several programs run by HUD into one process and one document. In our community the Consolidated Plan covers CDBG (Community Development Block Grants) and HOME (grant for affordable housing) programs jointly for the City of Bremerton and Kitsap County. The plan covers a 5 -year period. The Consolidated Plan requires a jurisdiction to identify all of its housing and community development needs and then develop a /onq -term strategy for meeting those needs. A key part of the strategy is setting priorities. The Plan identifies priority housing needs, non - homeless special needs, homeless needs, economic development and community development needs. The Consolidated Plan also indicates what programs and resources will be used over the 5 -year planning period. The plan contains objectives and strategies to address the identified needs and estimates the resources needed to fund activities to address the different needs. WHAT ARE THE KEY PARTS OF THE PLAN? A. Housing & Community Development Needs Assessment This is the part of the Plan that has U.S. Census Bureau information and other information which presents a picture of the jurisdiction. People are the focus of the "Needs" section of the plan. The emphasis is on the human side of housing and 12 CDBG /HOME Policy Plan 1 2015 community development including the needs of homeless people, people with special needs and those who are low- income. B. The Housing Market Analysis This part of the Plan describes the physical "bricks and mortar," side of housing — the supply side of housing. It looks at what housing exists. When the housing conditions in this part of the plan are lined up with human needs in the previous part of the plan, a clear picture of what must be done should emerge. C. The Strategic Plan The Strategy is the part of the Consolidated Plan where the County and City sets out how it intends to use its CDBG and HOME funds from HUD's Department of Community Planning and Development over the next five years. The strategy must declare what priority the local government will give to the various housing and community development needs identified earlier in the Consolidated Plan; the activities designed to respond to those needs; and the different geographic areas where needs exist. D. Annual Action Plan The Action Plan is the one -year plan a jurisdiction must have to show how it is carrying out its long -term Strategic Plan. It shows how the jurisdiction will spend its CDBG and HOME money in the upcoming year. Kitsap County and the City of Bremerton use an annual application process through which funds are competitively awarded. Note: The Objectives & Strategies from the Consolidated Plan are included in Appendix C. The full text of the Consolidated Plan is available on both the County and City of Bremerton web sites and also available upon request. GLOSSARY A Glossary of terms has been included in Appendix G. 13 Appendix A Citizen Participation Plan (Updated 4/16/2014) APPENDIX A - CDSG /HOME CITIZEN PARTICIPATION PLAN UPDATED 4/16/2014 PAGE 2 CITY OF BREMERTON AND KITSAP COUNTY CITIZEN PARTICIPATION PLAN Introduction Kitsap County and its consortium cities of Port Orchard, Poulsbo and Bainbridge Island receives both Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds. The City of Bremerton receives Community Development Block Grant funds as its own entitlement, and HOME funds through its membership in a Consortium with Kitsap County. Both the City of Bremerton and Kitsap County are committed to assuring opportunities for citizen involvement in decisions concerning activities taking place within their communities. Each year the City of Bremerton and Kitsap County are eligible to receive CDBG and HOME funds. There are specific rules and regulations governing the allocation and use of the funds, including provisions for citizen involvement in decision making. In order to facilitate citizen involvement, both jurisdictions adopt a Citizen Participation Plan. Beginning in 2011, Kitsap County and the City of Bremerton Block Grant Programs joined with the Homeless Housing Grant Program and Affordable Housing Grant Program to develop a combined funding & application process. The combined process includes a single application for funds, a single Grant Recommendation Committee (GRC) process and funding recommendation. Funding recommendations are approved by the Kitsap Regional Coordinating Council (KRCC) for County CDBG /HOME funds and by the Bremerton City Council for City CDBG /HOME funds. Purpose The purpose of the Citizen Participation Plan is to provide an on -going mechanism to ensure widespread citizen participation whereby all citizens have an opportunity to fully express their needs and wishes for community improvement. Special efforts will be made to encourage participation by: • Low- and moderate - income persons, particularly those living in slum and blighted areas. • Residents of predominately low- and moderate - income neighborhoods. • Minorities and non - English speaking persons, as well as persons with disabilities. This plan provides opportunities for representation of all of the citizens of Kitsap County and the City of Bremerton by allowing them to have a voice in the decision - making process and giving them greater power and control over activities taking place within their communities. Annual Allocation Process / Action Plan Submission Together the entitlement jurisdictions conduct a competitive annual process to determine allocation of CDBG and HOME funds. The public is encouraged to participate in the process and its end product —the submission of an annual Action Plan to HUD. A. Notice of Funding Availability & Application In April of each year a notice will be published in the newspaper of record to announce funding availability and provide an opportunity for comment on the CDBG /HOME Policy Plan. This notice will begin a 30 -day comment period on the Policy Plan (including the APPENDIX A - CDBG /HOME CITIZEN PARTICIPATION PLAN UPDATED 4/16/2014 PAGE 3 Citizen Participation Plan) and include the date and time of public hearings to take citizen comments. Notifications will also be sent to any agency or organization who requests to be placed on our interested parties email list. Notifications will also be available to any agency or organization who signs up on the Kitsap County Block Grant web site to receive notices. To sign up go to: http: / /www.kitsapgov.com /hs /block grant program /Application Cycle.htm and at the top of the page click on the link to receive text or email updates. This link will take you to the Kitsap County Electronic Notification System where you can sign up. Upon approval of the Policy Plan by the Kitsap Regional Coordinating Council and Bremerton City Council, information about the application and mandatory technical assistance session will be available from: Kitsap County Block Grant Division 345 6th Street, Suite 400, Bremerton, WA 98337 -1873. http: / /www.kitsapgov.com /hs /block grant program /Application Cycle.htm or by contacting Bonnie Tufts at btufts(abco.kitsap.wa.us or by phone at 360 - 337 -4606 and City of Bremerton, Community Development Block Grant 345 6` Street, Suite 600, Bremerton, WA 98337 -1873 http://www.ci.bremerton.wa.us/display.php?id=864 or by contacting Marie Vila at .marie.vila(cbci.bremerton.wa.us or by phone at 360 -473 -5375 Applications will be made available in a format accessible to persons with disabilities upon request. Application submittal instructions and due date are included in the Notice of Funding Availability (NOFA). Applications must be submitted online and require access to the internet. B. Technical Assistance At least one mandatory technical assistance session will be held for those interested in applying for funding. During the session, staff will provide information to citizens concerning who can apply for funds, funds expected to be available, the range of activities that may be undertaken, priorities for funding, application submission requirements, the application deadline, and how decisions concerning funding will be made. The date and time of the technical assistance session(s) will be published in the NOFA, included in the schedule posted on the web sites. In addition to the mandatory Technical Assistance described above, City and County Block Grant staff is also available by appointment for one -on -one Technical Assistance to provide guidance to citizens and organizations regarding specific project considerations. At any time, any citizen may contact the City or County Block Grant Divisions for technical assistance or general information in relation to programs described in this Plan. The Department will help citizens understand CDBG and HOME funded programs, the procedures for submitting proposals, the Citizen Participation Plan and other program requirements so they can effectively participate in CDBG and /or HOME programs and the funding process. APPENDIX A - CDBG /HOME CITIZEN PARTICIPATION PLAN UPDATED 4/16/2014 PAGE 4 C. Application Review & Grant Recommendation Committee Process Applications will be reviewed by Block Grant Staff to determine compliance with technical requirements including eligibility for CDBG and /or HOME funds. Applications which are found not eligible for CDBG or HOME funds or Homeless Grant Program or Affordable Housing funds, will be disqualified and the applicant will be notified. Eligible applications will be reviewed and evaluated by staff for organizational and financial capacityand will also be provided to a Grant Recommendation Committee (GRC) for consideration The GRC will review all proposals, interview applicants and develop recommendations for funding based how they address needs & objectives identified in the 2011 -2015 Consolidated Plan and /or Homeless Housing Plan, organizational and financial capacity of the organization to carry out the program /project, project feasibility, and funding availability. There are two Grant Recommendation Committees. The Services GRC reviews applications for public services The Capital GRC reviews housing capital improvements, economic development and CHDO operating applications. Both GRCs play an integral role in the allocation of CDBG and HOME federal funds according to the needs of the community. While all GRC members must be well- versed in the needs of the community and be willing to participate in all the activities relevant to the GRCs, each individual GRC seeks members who demonstrate specific skills and experience. . • The Services GRC seeks members who have experience in one or more of the following capacities: background working with non - profit community service providers as an employee, volunteer, board member or consumer; background with homeless programs; grant experience, project management, compliance monitoring and /or practical experience with HUD regulations. • The Capital GRC seeks members who have experience in one or more of the following areas: affordable housing; construction or project management; mortgage lending; housing development; economic development; real estate; or architecture. Each GRC will be comprised of 8 members as follows: • Two members representing the City of Bremerton and appointed by the Mayor and approved by the Bremerton City Council • Three members appointed by Kitsap County Commissioners. • Three members, one each appointed by the cities of Bainbridge Island, Port Orchard, and Poulsbo Applicant interviews will be conducted with the GRC. Applicants will have the opportunity to present their project and the GRC will an opportunity to ask questions. At the conclusion of interviews the GRC will formulate a funding recommendation for approval by the KRCC and the Bremerton City Council. GRC members serve a one year term, but can be re- appointed to serve successive terms. D. Funding Recommendations & Action Plan Organizations submitting applications will be notified whether or not the GRC has recommended their proposal for funding. The notification will include the date, time and place of the public hearings, during which the recommendations will be considered by the Kitsap Regional Coordinating Council and the Bremerton City Council. APPENDIX A - CDBG /HOME CITIZEN PARTICIPATION PLAN UPDATED 4/16/2014 PAGE 5 All projects approved for funding will be included in each jurisdiction's Action Plan. A summary of each Action Plan will be published in the newspaper of record and on the City's and County's websites. The summaries will describe the contents and purpose of the Action Plans, and include a list of locations where copies of the entire proposed plans may be examined. Citizens will be provided a period of at least 30 days to review and comment on the plans. Comments or views of citizens will be considered at the public hearings, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the final Action Plan which will be submitted to HUD. The City of Bremerton and Kitsap County Block Grant staff will submit their Action Plans, including the projects proposed to be funded, to HUD no later than November 15` of each calendar year. Five Year Consolidated Plan The Consolidated Plan is the result of a process set forth by the Department of Housing and Urban Development (HUD) to provide a planning and application process for the CDBG and HOME programs within a single document. The Kitsap County HOME Consortium is required to submit the Consolidated Plan for the HOME participating jurisdiction (which consists of Kitsap County and the City of Bremerton). The Consolidated Plan is available online at: • http: / /www.kitsapgov.com /hs /block grant program /Plans.htm • http: / /www.ci .bremerton.wa.us /display.php ?id =790 (scroll down for a link to the documents) • A printed copy may be requested from the Kitsap County or City of Bremerton Block Grant Divisions There are a number of specific elements in the 5 -Year Consolidated Plan, including: • Needs Assessment: an assessment of housing needs (primarily of low and moderate income people) and needs of homeless people; • Housing Market Analysis: an analysis of the City of Bremerton's and Kitsap County's housing market; • Strategic Plan: a discussion of the City of Bremerton's and Kitsap County's priority needs'to establish goals and objectives for implementing strategies which address housing and community development activities; • Citizen Participation Plan • Annual Action Plan: describes the activities that will be undertaken to address priority needs utilizing HOME and CDBG grant funds during the upcoming program year; and • Consolidated Annual Performance and Evaluation Report (CAPER): describes how funds were used in activities that provided benefits to low and moderate income individuals and families during the previous program year. Governments, service providers, citizens, and non - profit/for- profit agencies are encouraged to identify needs and priorities, assist in the development of strategies, and to participate in the annual allocation process. The following are specific opportunities for citizens to participate in the development of the information to be incorporated in the Consolidated Plan, which is updated every five years: 1. At least one community meeting will be held to obtain the views of citizens, public agencies, and other interested parties concerning housing and community development needs, APPENDIX A - CDBG/HOME CITIZEN PARTICIPATION PLAN UPDATED 4/16/2014 PAGE 6 including non - housing community development needs and priorities during development of the plan. 2. The City of Bremerton and Kitsap County Block Grant staff will specifically consult with appropriate social service agencies regarding the housing and community development needs and priorities of children, elderly persons, persons with disabilities, homeless persons and other persons served by such agencies. 3. The City of Bremerton and Kitsap County Block Grant staff will coordinate with the Bremerton Housing Authority (BHA) and Housing Kitsap to encourage participation of residents of public and assisted housing and other low- income residents of targeted revitalization areas, in the process of developing and implementing the Consolidated Plan. 4. Agencies working with low- and moderate - income persons, particularly those living in slum and blighted areas and residents of predominately low- and moderate - income neighborhoods, minorities, non - English speaking persons, and persons with disabilities will be contacted to encourage participation in the development of the Consolidated Plan. Amendments to the Annual Action Plan Citizens will be notified and have an opportunity to comment on any substantial amendments proposed to the Annual Action Plan. Substantial Amendments will be published in the City's and County's newspaper of record and be subject to a 30 -day public comment period to allow for comment prior to implementation of the proposed amendment. Substantial Amendments may be forwarded for review by the appropriate GRC prior to submission to the KRCC or the Bremerton City Council for final approval. Comments or views of citizens will be considered at the public hearing, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the substantial amendment of the final Action Plan which will be submitted to HUD. Substantial amendments include: • Changes in the use of CDBG or HOME funds from one eligible activity to another • Adding a new activity • A substantial change to the purpose, scope, location or beneficiaries of the project as defined in the application for funds and approved by the GRC. CDBG or HOME activities awarded funds which have a substantial change in the purpose, scope, beneficiaries, location or budget will be evaluated by Block Grant Staff and may be required to submit a new application for funding in the next application cycle. Projects not expending their full CDBG or HOME award will not trigger a substantial amendment. These funds will be re- obligated to new projects during the following year's regular application cycle. Minor Changes: Any request for a change in the amount to be expended on a program or project budget line item, or a minor change to the purpose, scope, location or beneficiaries of the project as defined in the application for funds, shall not be considered a Substantial Change requiring citizen notification and Annual Action Plan amendment; however, prior written approval of these changes must be obtained from the appropriate Block Grant Administrator APPENDIX A - CDBG /HOME CITIZEN PARTICIPATION PLAN UPDATED 4/16/2014 PAGE 7 Minor project changes may need to be formalized as an amendment to the sub - recipient Agency's contract with the City or County. The Agency will submit a written request for change to the Block Grant Administrator stating the specific reasons for the requested increase or decrease in funding, or change in purpose, scope, location or beneficiaries. All requests will be reviewed, and approved or denied by the Block Grant Administrator. Performance Reports 1. Both the Kitsap County Block Grant Division and City of Bremerton Block Grant Division will prepare and submit a Consolidated Annual Performance and Evaluation Report (CAPER) to HUD no later than March 31S of each year for the previous calendar year. 2. The CAPER will be made available for public review. Notice of Availability will be published in the newspaper of record and copies will be available on the County's and City's websites: • Kitsap County: http: / /www.kitsapgov.com /hs /block grant program /Reports.htm Copies are also available at the Kitsap County Block Grant Program Office, 345 6th Street, Suite 400, Bremerton, Washington. • City of Bremerton: http:// www. ci .bremerton.wa.us /display.php ?id =788 scroll down to the year and CAPER file desired. 3. Citizens will be provided a period of at least 15 days to review and comment on the CAPER. Comments or views of citizens will be considered in the report, and a summary of any comments or views not accepted and the reasons therefore, will be attached to the CAPER and submitted to HUD. Public Hearings By law, public hearings are required in order to obtain the public's view and to provide the public with the City's and County's responses to public questions and proposals. A public hearing is held in May for the approval of the next year's Policy Plan. A second hearing is held in November to review the proposed use of funds and adopt the Annual Action Plan. Notification of the public hearings and of 30 -day comment periods will be published in the newspaper of record and will afford citizens, public agencies, and other interested parties a reasonable opportunity to examine the proposed plans and to submit comments. Kitsap County public hearings will be held during the regular meeting of the Kitsap Regional Coordinating Council in the meeting chambers of the Norm Dicks Government Center. KRCC meeting times and agendas can be obtained at http:/ /www.kitsapregionalcouncii.org/ City of Bremerton public hearings will be held during Bremerton City Council meetings, which are held every first and third Wednesday of the month, at 5:30 pm in the meeting chambers of the Norm Dicks Government Center. Bremerton City Council agenda may be obtained at hffp://www.ci.bremerton.wa.us/disi)lay.php?id=580 Public Comments APPENDIX A - CDBG /HOME CITIZEN PARTICIPATION PLAN UPDATED 4/16/2014 PAGE 8 Interested persons may submit comments in writing during the public comment periods, or orally at the public hearings. Written comments should be directed to: Kitsap County Block Grant Program City of Bremerton 3456 1h Street, Suite 400 3456 1h Street, Suite 600 Bremerton, WA 98337 Bremerton, WA 98337 Complaints All written citizen complaints will be referred to the appropriate person(s) or agencies for action. Under normal circumstances, the Block Grant Division will respond to the person making the complaint within 15 days. All complaints and responses will be kept on file. Resources Newspaper of Record: Notification will be placed in the following newspaper under Legal Notices at least ten days before a public meeting is held concerning a program described in this plan: Kitsap County Block Grant — The Kitsap Sun City of Bremerton Block Grant — The Kitsap Sun Notices may also be published on City and County websites, as follows: Kitsap County Block Grant Division: http: / /www.kitsapgov.com /hs /block grant program /Legal Ads.htm City of Bremerton Block Grant Program: http: / /www.ci .bremerton.wa.us /display.php ?id =788 The notice will indicate when and where the public meeting will be held. Meetings are often held at the following location: Norm Dicks Government Center, 1st Floor Meeting Chambers 3456 th Street Bremerton, WA 98337 APPENDIX A - CDBG /HOME CITIZEN PARTICIPATION PLAN UPDATED 4/16/2014 PAGE 9 Appendix B Requirements for Section 108 Loan Guarantee SECTION I — GENERAL GUIDELINES A. Introduction Section 108 is the loan guarantee provision of the U.S. Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program. Section 108 enables grantees to leverage their CDBG funds by borrowing up to five times their CDBG allocation. Section 108 loans provide long term, low -cost financing with flexible terms. The funds are available year- round, on a non- competitive basis and for a wide variety of uses. HUD provides a full faith and credit guarantee of notes issued by public jurisdictions and sold to private investors. In turn, public jurisdictions are required to pledge CDBG funds as collateral for the loans. These funds are not escrowed and grantees may continue to use CDBG funds as planned. Additional collateral is also required, which provides a safeguard to reduce the risk to CDBG funds. Collateral may be project -based such as a lien on real property or based on other types of security unrelated to the Section 108 project. In most cases, Section 108 loans do not count against a community's bonding authority and are not used to determine credit worthiness of the community by private credit rating agencies. The Loan Program is administered by the Kitsap County Block Grant Program for County funds and by the City of Bremerton Block Grant Program for City funds. All loans require approval from the Kitsap Regional Coordinating Council and Board of County Commissioners for County loans, or the Bremerton City Council for City loans. B. Section 108 Loan Program Criteria Eligible Applicants: • Private companies; • Governments, • Public agencies; • Non - Profit institutions; • For - Profit and Not - for - Profit owners of multi - family projects. All projects must be located in Kitsap County and for projects using City funds the project must be located in the City of Bremerton. Eligible Activities: • Economic development activities eligible under the CDBG program including assistance to for - profit businesses. • Acquisition of real property; • Rehabilitation of publicly owned real property; • Clearance, demolition, and removal on acquired or rehabilitated public property (including environmental cleanup); • Site preparation including construction, reconstruction, or installation of public improvements related to property acquired or rehabilitated using Section 108 funds or for economic development purposes; • Acquisition, construction, reconstruction or installation of public facilities; • Housing rehabilitation eligible under CDBG; • Housing construction as part of community economic development (in limited circumstances); • Relocation costs; • Debt service reserves; and • Payment of interest on the guaranteed loan and issuance costs of public offerings. Meeting a National Objective: • CDBG regulations apply to the Section 108 loan guarantee program. All projects must either: ✓ Principally benefit low and moderate income persons; ✓ Aid in the elimination or prevention of slum and blight; or ✓ Meet an urgent need of the community C. Projects Eligible for Section 108 Loans 1. Economic Development Projects: Examples of economic development projects include loans made to a for - profit business, development of a business or industrial park, construction or reconstruction of infrastructure to support business, or implementation of a redevelopment project. In each of the following examples the project must create new job opportunities for low and moderate income persons. Examples include: a. Business Loans — funding provided to a local firm for expansion of its operations. b. Business /Industrial Park — funding provided to purchase real estate for the development of a business or industrial park. c. Redevelopment Project — funds could be used for the acquisition, relocation, rehabilitation of buildings, and clearance of site(s) for redevelopment purposes. 2. Housing Projects: Examples of housing projects that are eligible for Section 108 loans include rehabilitation, acquisition of sites for new development, homeownership, etc. All housing type activities must be affordable to low and moderate income persons and be eligible under CDBG. 3. Community Development: Large scale public facilities and infrastructure type projects may be undertaken with Section 108 loan funds. These projects must benefit the low and moderate income population of the area in which they are intended to serve. Examples of Community Development projects include: a. Parks & Recreation — funds may be used for the expansion of an existing park facility or the development of a new facility. b. Streetscape Improvements — funds may be used to provide loans /grants for building fagade improvements, streetscape work such as tree planting, walks, curbs, signage, etc. c. Infrastructure Improvements — for the construction or reconstruction of roads, streets and public utilities. d. Public Facilities — funds may be used for purchase, rehabilitation or construction of public facilities which principally benefit low /mod income persons. D. How The Program Operates 1. Maximum Commitment Amount An entitlement entity (County or City) may apply for up to five times the public entity's latest CDBG entitlement amount, minus any outstanding Section 108 commitments or principal balances on Section 108 loans. This amount is published annually in the Application. 2. Financing Source Section 108 obligations are financed annually through underwritten public offerings in which fixed rate notes are sold to private investors. To ensure marketability of Section 108 notes HUD provides a 100% full faith and credit guarantee to investors. Financing between public offerings is provided through an interim lending facility established by HUD. Although HUD coordinates the funding process, it does not have a direct role in the flow of funds. 3. Security Security for the loan guarantee includes a pledge by the public entity of its current and future CDBG funds. The CDBG funds are not escrowed and may continue to be used as planned. Additional security is also required, which provides a safeguard to reduce the risk to CDBG funds. The additional security requirements will be determined on a case -by -case basis. 4. Loan Repayment The maximum repayment period for a Section 108 loan is 20 years. Interim loan interest payments are due quarterly on the first day of the months of February, May, August, and November. On permanent loans, principal payments are due once a year on August 1 and interest payments are due twice a year on August 1 and February 1. HUD has the ability to structure the principal amortization to match the needs of the project and borrower. 5. Prepayment Investors buying the Section 108 notes are guaranteed the timely payment of principal and interest for a ten -year period. Technically, the borrower cannot prepay the loan during this period. However, by guaranteeing the income stream to the investor through a deposit of funds with a Fiscal Agent, the borrower is defeasing or voiding the Section 108 obligation. Interim loans may be prepaid at any time without penalty. Jurisdictions do have the options of remaining in the interim financing facility for the term of the loan. 6. Interest Rates Interest rates on interim borrowing are priced at the three -month London Interbank Offered Rate (LIBOR) plus 20 basis points (0.2 %). Interest rates on obligations sold in public offerings will be determined by market conditions at the time but generally will be slightly lower than yields on Federal agency securities (e.g. Fannie Mae and Freddie Mac) with comparable terms. 7. Financing Fees The only financing fees of the Section 108 program are those related to issuance of the Section 108 notes, such as fees to the underwriters and the Fiscal Agent and any other expense related to the offering. Total financing fees will generally be one -half to one percent (0.5% - 1.0 %) of principal. No additional maintenance fees are charged for permanent Section 108 notes. Interim loans are charged a $100 quarterly fee. 8. Regulations All CDBG program regulations such as citizen participation, Davis - Bacon, and relocation /displacement compliance must be met. The environmental assessment must be completed prior to incurring or expending any project costs. SECTION II — UNDERWRITING STANDARDS & GUIDELINES A. Underwriting Standards & Guidelines Kitsap County and The City of Bremerton Block Grant Programs have developed standards for financially underwriting and evaluating the eligibility of potential projects for Section 108 loan financing. The size and scope of certain proposed projects will dictate the level of review required. The staff and consultant costs associated with the financial review and underwriting will be charged to the applicant. After an initial review of a project for eligibility an Application must be submitted to be considered for the Section 108 loan. At that time an agreement between the jurisdiction (County or City) and the applicant will be executed and include a scope of work and budget to complete the application review and processing of submission to HUD. B. Objectives of Financial Review The objectives of the financial review of each application are the same as the HUD Guidelines and Objectives for Evaluating Project Costs and Financial Requirements that are found in Appendix A to Part 570 of the Federal Regulations. These objectives are to ensure: ➢ Project costs are reasonable; ➢ Sources of project funding are committed; ➢ To the extent practicable, Section 108 funds are not substituted for non- federal financial support; ➢ Project is financially feasible; ➢ To the extent practicable, the return on the owner's equity investment will not be unreasonably high (in the case of a loan to a private firm); and ➢ To the extent practicable, the Section 108 loan funds are disbursed on a proportional basis with other finances provided to the project. • The City and County will also be evaluating projects using the following criteria: ➢ Is the project feasible and is it supported by market studies, engineering studies, housing studies, feasibility studies, etc.; ➢ Is the project site /location suitable for this project; > What is the capacity and capability of the project development team; ➢ Does the project meet the eligibility criteria of the Section 108 loan program; Y What is the public benefit to be derived from the project; and ➢ What are the sources of loan repayment. C. Application Applications for Section 108 loans are accepted year round. If you are interested in submitting an application you must first meet with the County or City to determine the eligibility of your project. For projects within the City of Bremerton please contact Marie Vila at 360- 473 -5375 or Marie. Vila(cDci.bremerton.wa.us For projects in Kitsap County please contact Bonnie Tufts at 360- 337 -4606 or btufts(cD,co.kitsap.wa.us Appendix C Consolidated Plan Objectives & Strategies HUD Program Goal: Decent Housing — including: • Assisting homeless persons to obtain affordable housing; • Assisting persons at risk of becoming homeless; • Retaining the affordable housing stock; • Increasing the availability of affordable permanent housing for low- income and moderate - income families. • Increasing the supply of supportive housing which includes structural features and services to enable persons with special needs to live in dignity and independence; and • Providing affordable housing that is accessible to job opportunities. Housing Objectives H -1 Improve and preserve the quality of affordable housing in the Consortium, including both owner occupied and rental housing, serving low- income households. H -2 Provide a range of affordable housing types and densities while emphasizing high quality development, proximity to transportation and services, adequate public infrastructure and efficient use of land. H -3 Promote fair housing for all members of the community without discrimination on the basis of race, color, religion, sex, national origin, familial status, disability or sexual orientation. H -4 Expand homeownership opportunities for low- income homebuyers. H -5 Promote credit counseling and homeownership financing counseling to discourage predatory lending practices, promote financial education, and provide equal financial opportunities to all. H -6 Expand housing opportunities through an increase in the supply of decent, safe, and affordable rental housing, rental assistance and supportive housing with services. H -7 Evaluate, and when present reduce, lead based paint hazards. H -8 Improve the safety and livability of low- income neighborhoods. 2 Appendix C - CDBG /HOME Consolidated Plan Objectives & Strategies Housing Strategies 1. Acquisition and New Construction: The Consortium will support land acquisition, development and construction of new affordable housing units. Housing constructed on • the land may be rental or ownership. Ownership housing to target very low - income and • low- income, households; rental housing to target extremely low- income and very low- income households. (H -2, H -4, H -6) 2. Energy Efficiency Measures: Preserve and improve energy efficiency of affordable housing units through weatherization and other efficiency measures. (H -1, H -7) 3. Fair Housing: The Consortium will provide for fair and equal housing opportunities for all persons through the following activities: • Conduct an annual Fair Housing educational seminar for housing providers, real estate professionals and lenders. (H -3) • Provide no -cost fair housing educational resources and referral. (H -3) • Update the Kitsap County & City of Bremerton Analysis of Impediments to Fair Housing. (H -3) 4. Homebuyer assistance: The Consortium will support assistance to very low - income and low- income homebuyers to subsidize the purchase of a home. (H-4) 5. Mixed- Income Projects: Support mixed - income housing projects that include affordable units through targeted use of funds for units which will be occupied by households with incomes at or below 80% AMI. (H -2, H -4, H -6) 6. Multi - Family Rental Rehab: The Consortium will support acquisition and rehabilitation of existing multi - family rental housing. (H -1, H -6) 7. Neighborhood Improvement: Implement housing and neighborhood improvement programs through targeted neighborhood programs, education, housing rehabilitation and related services, and other public improvement projects. (H -8, H -2) 8. Owner - occupied Single - Family Rehab: The Consortium will use CDBG funds to provide owner occupied housing rehabilitation assistance in the form of major rehabilitation loans, emergency repair loans, and home safety repair grants. (H -1, H -7) 9. Preservation of Housing: Support the preservation of affordable single family housing through purchase and rehabilitation of homes in low -mod areas. Special consideration will be given to projects addressing foreclosed and abandoned properties and blighting conditions. (H -1, H -8) 3 Appendix C - CDBG /HOME Consolidated Plan Objectives & Strategies 10. Rental Assistance: The Consortium will consider support of a tenant based rental assistance program to address the high number of households on Section 8 Housing Choice Voucher wait lists and the large number of households who cannot afford fair market rent. (H -6) 11. Revitalization: Identify slum and blight areas and assess for revitalization. (H -8) 12. Shared Housing: Support shared housing programs that match low- income people in need of affordable housing with those who have housing to offer or share. (H -2, H -6) Special Needs Objectives 91.215(e) SNH -1 Increase the supply of permanent supportive housing for special needs populations SNH -2 Preserve existing special needs housing. SNH -3 Improve access to services for those in special needs housing. SNH -4 Improve housing accessibility and safety in both new and existing housing. SNH -5 Reduce barriers to stable housing by encouraging collaboration among service providers. Special Needs Strategies 1. ADA Improvements: Modify and improve homes occupied by the frail elderly and persons with permanent physical disabilities. These modifications and improvements will be focused on improving the safety and accessibility of the home and meeting ADA standards. (SNH -4) 2. Community -wide Housing Initiatives: The Consortium will work collaboratively with service providers, housing providers, and other governmental agencies to reduce barriers to housing through (SNH -5): • Active participation in, and support of, the Kitsap Continuum of Care and Kitsap Housing Coalition. • Efforts to implement a streamlined intake system in Kitsap County. 3. Develop Supportive Housing: Develop and construct special needs and supportive housing. Activities may include the purchase of land, site development and construction. Services should be integral to the housing. (SNH -1) 4 Appendix C - CDBG /HOME Consolidated Plan Objectives & Strategies 4. Preserve Supportive Housing: Preserve supportive and special needs housing through funding of supportive services and rehabilitation of existing facilities. The housing must be owned and operated by a public agency or a private nonprofit and be occupied by the special needs population. Skilled care facilities are also eligible for assistance. (SNH -2) 5. Transit Oriented Housing: Locate housing intended for special needs groups in proximity to public transportation and services required by the special needs group occupying the housing. Where possible provide supportive services as a resident service on site. (SNH -3) Homeless Objectives HH -1 Provide well targeted efforts toward those people who would become homeless without intervention. HH -2 Delivery of temporary, emergency services and shelter to homeless as stabilization efforts to permanently house these individual begins. HH -3 Services and housing aimed at providing stable, permanent living conditions in which an individual or family may thrive. HH -4 Ensure a safe, decent and affordable housing inventory in our community, to appropriately house people with wide range of needs. Homeless Strategies 1. Affordable Housing: Build, create, preserve, and maintain more affordable housing across the spectrum for all low and moderate income persons, as a key piece in the community's continuum of housing. (HH -1, HH -3; HH-4) 2. Alternatives to traditional Emergency Shelters: Explore short term solutions to supplement the low supply of emergency shelter such as: safe park, tent city, pieces of home, and others, as listed in the Homeless Housing Plan. (HH -2) 3. Create Housing First Units: Create Housing First units for priority homeless populations such as veterans, women, and families, youth, reentry, and chronic homeless. (HH -2; HH -3; HH -4) 4. Discharge Planning: Provide discharge planning for those individuals being released from institutions including correctional facilities, hospitals, homeless programs and foster care. (HH -1) 5. Economic Independence: Provide education and training to support economic independence through living -wage jobs, including literacy programs, financial 5 Appendix C - CDBG /HOME Consolidated Plan Objectives & Strategies education and credit/debt counseling, employment and job training, ESL and basic education. (HH -1; HH -3; HH-4) 6. Existing Emergency Shelters: Support the operations of existing Emergency Shelters. (HH -2) 7. Flexible Housing: Create more units that can be used for families to transition in place from emergency shelter to transitional or permanent housing, including in combination with Housing First model. (HH -2; HH -3) 8. Foreclosure /Eviction Prevention: assistance through financial and basic skills counseling, mediation in housing courts, and provide housing alternatives such as community land trust ownership and homeshare rental models. (HH -1) 9. Gap Assistance: Provide assistance to those in need to prevent eviction and foreclosure, including support of basic services such as food provision, transportation, utility and housing costs, etc. (HH -1; HH -4) 10. Hygiene Center: Build a hygiene center with supportive services to address the immediate and everyday needs of the homeless and chronically homeless.(HH- 2) 11. Innovative Housing Models: Explore housing models that are intrinsically more sustainable as affordable units, such as Community Land Trust, Homeshare, etc. (HH -1; HH -4) 12. New Emergency Beds: Create new emergency shelter beds for priority and underserved homeless populations such as veterans, women, and families, youth, reentry, and chronic homeless. (HH -2) 13. Permanent Supportive Housing: Continue to support the operations and plan for future need through preservation, acquisition and development of Permanent Supportive Housing for our community's special needs individuals, including physically, mentally, and developmentally disabled, disabled veterans, and chronic substance abusers. (HH -3; HH -4) 14. Supportive Services: Enhance the effectiveness of homeless prevention strategies and homeless emergency response through delivery of a continuum of supportive services. (HH -1; HH -2; HH -3; HH -4) 15. Transitional Housing: Continue to support transitional housing as a key piece of our community's response to homelessness, but with an eye to finding a permanent housing solution as soon as possible. (HH -2; HH -3) 16. Unconditional Housing: Convene a task force to research "Unconditional 6 Appendix C - CDBG /HOME Consolidated Plan Objectives & Strategies Housing" and how this will fit into our homeless housing plan. Recommendations from this task force integrated into the 2011 update of the Kitsap Homeless Housing Plan. (HH -3; HH -2; HH -4) HUD Program Goal: A Suitable Living Environment — which includes: • Improving the safety and livability of neighborhoods; • Eliminating blighting influences and the deterioration of property and facilities; • Increasing access to quality public and private facilities and services; • Reducing the isolation of income groups within areas through spatial de- concentration of housing for lower income persons and the revitalization of deteriorating neighborhoods; ' • Restoring and preserving properties of special historic, architectural, or aesthetic value; and • Conserving energy resources and use of renewable energy resources. Community Objectives — Public Services PS -1 Support the provision of services providing basic needs to low income and special needs individuals and families in crisis. PS -2 Ensure access to programs that promote prevention and early intervention related to a variety of social concerns which can cause long -term instability. PS -3 Increase self - sufficiency and independence for low - income and special needs populations. Community Strategies — Public Services 1. Childcare Services: Assist with childcare services for target income working families either in conjunction with existing programs or through new childcare facilities. (PS -1, PS -3) 2. Crisis Intervention: Support crisis intervention services. (PS -2) 3. Disabled Services: Assist social services providers with services for persons with disabilities. Services may include recreation programs, advocacy services, home meal /visitation programs, job training, transportation, and health services, among others. (PS -1, PS -3) 4. Domestic Violence and Abuse Services: Support services that prevent and mitigate effects of domestic violence, physical and sexual abuse through counseling and education. (PS -1, PS -2) 7 1 Appendix C - CDBG /HOME Consolidated Plan Objectives & Strategies 5. Health Services: Assist in the provision of health services (including oral, mental health and substance abuse issues) to residents. These services may include referrals, counseling, screening, education and outreach, health programs, or medical services. (PS -1, PS -2) 6. Homeless Services: Provide supportive services to all homeless populations, including Job Training & Employment, Substance Abuse Treatment/Detoxification, Health Care (Medical, Dental, Mental), Case management/Life skills /credit counseling, Education, Housing Placement. (PS -1, PS -2, PS -3) 7. Housing Services: Support and expand programs facilitating housing stability through technical assistance, housing counseling, debt counseling, credit management, rights of the consumer and fair housing referral and other services such as matching households with sustainable housing, with a focus on alleviating community's inventory of vacant and foreclosed properties. (Meets Housing Objective H -5, funded under Public Service) 8. Human Services: Support social services programs, including case management, that meet the basic human needs of low- income persons with an emphasis on meeting priority needs.(PS -1, PS -2) 9. Information and Referral, Outreach and Advocacy: Support efforts to provide information on existing services to those in need of services and to refer individuals in need of services. (PS -1, PS -2) 10. Self sufficiency programs: Support programs providing education allowing individuals and families to help themselves make live- improving changes toward self- sufficiency, such as literacy programs, financial education, life- skills training, employment skills training, and other programs. (PS -3) 11. Senior Services: Assist with the provision of senior services to the elderly and frail elderly. Such services may include nutrition programs, home - delivered meal programs, transportation, health services, shared housing programs and other forms of assistance. (PS -1, PS -3) 12. Single Point of Entry: Support the implementation of a single point of entry for information, referral and access to services. (PS -2) 13. Transportation Services: Expand programs enabling low income residents access to services, facilities and employment through support of transportation programs and subsidies. (PS -3) 14. Youth Services: Support a variety of youth services, including recreation, mentoring, education and nutrition services for the community's target income young 8 Appendix C - CDBG /HOME Consolidated Plan Objectives & Strategies people. Support may include direct assistance or fee waivers for target income groups. (PS -1, PS -3) Community Objectives — Public Facilities & Infrastructure PF -1 Improve the infrastructure and physical environment of the Consortium's Low - and Moderate - Income areas. PF -2 Enhance the quality of life through creation and improvement of recreational spaces and public facilities in Low -Mod areas. PF -3 Increase self - sufficiency and independence for low- income and special needs populations. PF -4 Improve and increase when needed, public facilities which serve the needs of low - income and special needs populations. Community Strategies — Public Facilities & Infrastructure 1. Removal of Barriers: Provide suitable access to public facilities in the cities and County by removing architectural barriers. Remove barriers to the safe travel of persons with disabilities that exist in the public right -of -way, as identified in community -wide plans. (PF -3) 2. Right -of -way Improvements: Make improvements to the public right -of -way to improve appearance and extend useful life where deteriorating infrastructure contributes to blighting conditions. 3. Eliminate Slum & Blight: Address slum and blight by targeting housing rehabilitation, neighborhood revitalization programs, and code enforcement to designated areas (PF -1) 4. Recreational Facilities and Upgrades: Participate in funding the construction and expansion of recreational facilities, including public parks and recreational facilities to serve low and moderate income persons in Low -Mod area neighborhoods (PF -2). 5. Transportation Access: Increase transportation access for special needs populations (PF -3) 6. Public Facilities: Construct and /or improve public facilities that provide programs and services addressing the needs of low income and special needs populations (PF -2, PF 4). 9 Appendix C - CDBG /HOME Consolidated Plan Objectives & Strategies 7. Urgent Need: Meet urgent Community Development needs, which pose a serious and immediate risk to public health or safety. HUD Program Goal: Expanded Economic Opportunities — which includes: • Job creation and retention; • Establishment, stabilization and expansion of small businesses (including microbusinesses) • The provision of public services concerned with employment; • Availability of mortgage financing for low- income persons at reasonable rates using non - discriminatory lending practices; • Access to capital and credit for development activities that promote the long -term economic and social viability of the community; and • Empowerment and self- sufficiency for low- income persons to reduce generational poverty. Economic Objectives E -1 Increase the number of applicants for living wage jobs. E -2 Expand economic opportunities for very low- and low - income residents and reduce the number of persons with incomes below the poverty level. E -3 Increase employment opportunities for low - income persons. E -4 Support business development and expansion to create more jobs. Economic Strategies 1. Education and Training Opportunities: Work with and support Kitsap County community colleges and technical schools in matching training programs to major Kitsap County employer needs (E -1). 2. Local Small Business Consortium: Support local small business development consortium to carry out networking, collaborative and strategic efforts to expand economic opportunity to low income individuals throughout Kitsap County. 3. Incumbent Worker Training: Support and expand incumbent worker training to low- income workers to improve job security and improve opportunities for advancement (E -2, E -4). 10 1 Appendix C - CDBG /HOME Consolidated Plan Objectives & Strategies 4. Career Pathways Programs: Support the expansion of Career Pathways programs. These programs are a series of connected education and training programs and support services that enable individuals to secure employment within a specific industry or occupational sector, and to advance over time to successively higher levels of education and employment in that sector (E -2). 5. Local Hiring and Disadvantaged Business Policy: Where required, the County and City will assure implementation of federal policies for the hiring of small and local businesses ( "Section 3 "), and the employment of minority and women owned businesses. The County and City will encourage these practices when not required (E -2). 6. Job - Training and Preparation Services: Support job training, preparation, retraining, incumbent training, and employment search services for low- income persons (E -3). 7. Job Creation: Participate in providing infrastructure or facilities to provide for business expansion or development to offer employment opportunities throughout the County (E-4). 8. Small Business Funding: Provide capital (loan or grant) to small businesses to expand capacity and create or retain jobs for low income persons (E -4). 9. Small /Micro Business Assistance: Provide technical assistance, advice, and business support services (including assistance in developing business plans, securing funding, conducting marketing, etc.) to new and expanding businesses (E -4). 10. Small Business Development: Support small business development programs through program and capital funding (E -6). 11 Appendix C - CDBG /HOME Consolidated Plan Objectives & Strategies Appendix D CDBG Eligibility Requirements & Program Rules CDBG NATIONAL OBJECTIVES AND ELIGIBILITY REQUIREMENTS Every CDBG activity must meet a national objective and must be eligible in order to be funded and each CDBG subrecipient agency must be able to demonstrate eligibility based on data collected. The following information is provided to assist you in defining the eligibility and national objective that your activity meets and the type of information you will need to gather from the population you serve to provide to the City or County Block Grant offices. Specific regulations that govern the CDBG program are available the Block Grant office. What are the National Objectives? (Benefit Criteria) An eligible CDBG activity must either I. Principally benefit low and very low income A. Area Benefit B. Limited Clientele 1. At least 51 % of beneficiaries are low or very low income persons /households a. Presumed Benefit b. Agency Requires Client Information c. Income Eligibility Requirement (Direct Benefit) d. Nature /location 2. Removal of Architectural Barriers 3. Assistance to Owners of Microenterprises 4. Employment Support Services C. Housing Activities (Residential) D. Job Creation or Retention - Economic Development II.Reduce or Eliminate Slum or Blight A. Area Basis — Slum or Blight areas are designated by the County or City. At this time only the City of Bremerton has designated Slum and Blight areas. Please contact the City of Bremerton Block Grant office for a map and additional information. B. Spot Basis — Slum and Blight may be targeted in an undesignated area for conditions that are detrimental to public health and safety. Please discuss with City or County Block Grant staff. III.Meet an Urgent Need A. Urgent Need would be a natural disaster or federally declared disaster. NOTE: The vast majority of CDBG activities funded are designed to benefit low and very low income persons and households. Appendix D - CDBG Eligibility Requirements & Program Rules Page 2 How Does A Proiect Meet a National Obiective? I. Principally benefit low and very low income To meet this national objective, an applicant must document that the proposed project will benefit predominantly low and very low income persons or households. A low income person /household is one whose annual income does not exceed 80% of area median income -- a very low income person /household is one whose annual income does not exceed 50% of the area median income. HUD Income Limits for Bremerton / Kitsap County are included in the Application each year. There are several different ways that CDBG activities can benefit low and very low income persons: A. AREA BENEFIT Some CDBG assisted activities, such as parks, neighborhood facilities, community centers and streets, serve an identified geographic area. These activities generally meet the low and moderate income principal benefit requirements if 51% of the residents in the activity's service area are low and moderate income. However, in some communities, they have no or very few areas in which 51% of the residents are low and moderate income. For these grantees, the CDBG regulations authorize an exception criterion in order for such grantees to be able to undertake area benefit activities. However, in some communities, there are very few or no areas in which 51 % of the residents are low and moderate income. For these grantees, such as Kitsap County, the CDBG regulations authorize an exception criterion in order for such grantees to be able to undertake area benefit activities. Currently the exception percentage for Kitsap County is 43.27 %. Please contact the City or County Block Grant office for maps and more information on documenting your service area and determining eligibility under Area Benefit Applicants must: Q Attach a map with the boundaries of the project's service area delineated (the surrounding geographic area in which all or most of the people benefiting from the project reside). 0 Explain why that particular geographic area is the service area for the project; Q Indicate on the map residential and commercial areas within the service area boundary; and 0 Provide documentation that 51 %(City) or 43.27 %(County) or more of the residents within the service area are low and very low income persons /households utilizing the most recent census data as provided by HUD. Please contact the City or County Block Grant office for maps and more information on documenting your service area. B. LIMITED CLIENTELE An activity which benefits a limited clientele, at least 51 % of whom are low or very low income persons /households. There are four types of activities in this category: Appendix D - CDBG Eligibility Requirements & Program Rules Page 3 1. Presumed Benefit -- An activity may benefit one of the following groups who are presumed by HUD to be principally low and very low income: abused children, battered spouses, elderly persons, handicapped persons, homeless persons, illiterate persons, migrant farm workers and persons living with HIV /AIDS. Applicants must: Q Demonstrate that the facility or service is designed for and used predominantly by one of the groups identified above. Q Demonstrate that your clientele meets HUD's definition for the presumed group you serve, for example, homeless individuals must meet HUD's definition and documentation requirements at https: / /www.onecpd. info / resources / documents/ HomelessDefinition RecordkeepingR equirementsand Criteria. pdf 2. Require documentation on family size and income in order to show that at least 51 percent of the clientele are low income — This means your program can serve low and moderate income clientele if at least 51 % of your clientele are low income. Agencies must keep information on client income and family size which can document whether or not 51 % or more of the clientele are persons whose family income does not exceed HUD's published low income limits for Kitsap County. Applicants must: Q Provide documentation of the total number of clients /households served in the prior year (if this is an existing service); Q State what percent of the clients /households served in the prior year were low or very low income (or met criteria that are stricter); Q Provide a copy of the income qualification criteria that were used to screen clients and to determine the percent that were low and very low income; Q Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and Q Agree to maintain documentation of the client's incomes for the CDBG contract period. 3. Income Eligibility Requirements (Direct Benefit) -- This means that the agency uses income screening to limit the benefits of the CDBG funded activity to only those persons who are low and very low income. For example, a housing counseling program would screen potential clients and use the CDBG funds to pay for the counseling only of those who are income eligible. Applicants must: Appendix D - CDBG Eligibility Requirements & Program Rules Page 4 Q Screen clients by family size and income; 0 Provide a copy of the income qualification criteria that were used to screen clients to determine low and very low income status; Q Provide a copy of the client intake form highlighting the questions regarding family size and income levels; and 0 Describe how the program /project would limit the benefits of the CDBG funded activity exclusively to low and very low income persons /households. 4. Nature /Location of Activity Allows Conclusion of Primarily Low and Very Low Income Benefit -- This means that the activity is of such a nature and in such a location that it may be concluded that the clientele will be primarily low and very low income; for example, free childcare in an assisted housing project. Applicants must: Q Explain how the nature, and if applicable, the location of the proposed project, establishes that it is used primarily for low and very low income persons. In addition to the four activities described above, the following activities may qualify under the limited clientele national objective. • Removal of Architectural Barriers A project which removes material or architectural barriers which restrict the mobility and accessibility of elderly or handicapped persons to publicly owned and privately owned non- residential buildings, facilities and improvements, and the common areas of residential structures containing more than one dwelling unit is considered a limited clientele activity. Note: This refers to the removal of existing barriers. It does not apply to new construction. • Assistance to Owners of Microenterprises When assistance is to be provided to a microenterprise (a commercial enterprise that has five or fewer employees, one or more of whom owns the enterprise) the owner must qualify as low or moderate income. Note: for microenterprise projects under the limited clientele national objective justification, the low income threshold applies only to the owner, there are no income requirements for the workers the owner employs. • Employment Support Services. If CDBG assistance is only provided for training or supportive services (peer support programs, counseling, child care, transportation, and other similar services) to assist business(es), the percentage of low and moderate income persons assisted may be less than 51 % if the proportion of the total cost borne by CDBG funds is no greater than the proportion of the total number of persons assisted who are low or moderate income. For example: A new business moves into town and begins an on -site day care program for workers. The total cost of the day care is $10,000. There are 40 children, 3 of which meet qualifications as low and moderate Appendix D - CDBG Eligibility Requirements & Program Rules Page 5 income. The maximum amount chargeable to the CDBG program is $750.00. ($10,000/40 =$250 X 3 = $750). Applicants must: 0 Maintain data documenting the total cost of the service, Screen clients by family size and income; and provide a copy of the client intake form highlighting the questions regarding family size and income levels; C. Housing Activities These are activities providing or improving permanent residential structures which are or will be occupied by low and very low income households. It does not include group homes or shelters for the homeless, which are considered limited clientele activities. Applicants must: Q Maintain a copy of the written agreement with each landlord or developer receiving CDBG assistance indicating the total number of dwelling units in each multi -unit structure assisted and the number of those units which will be occupied by low and moderate income households after assistance. 0 Maintain records on the total cost of the activity, including both CDBG and non -CDBG funds. D Document criteria used to screen households for family size and income eligibility. D For rental housing, maintain records on rent charged (or to be charged) after assistance for each dwelling unit in each structure assisted. D. Job Creation or Retention Activities These are economic development activities which are designed to create or retain permanent jobs, where at least 51% of the jobs, computed on a full -time equivalent basis, can be documented to employ low and very low income persons for the geographic area where it is located. There are very specific elements of this national objective. Please contact the Community Development staff to discuss your project prior to submitting an application. II. REDUCE OR ELIMINATE SLUM OR BLIGHT An activity may meet the national objective of reducing or eliminating slum and blight, instead of benefiting low and very low income people. Currently, there are two designated slum and blight areas in the City of Bremerton. There are two different ways that CDBG activities can meet this second national objective. Appendix D - CDBG Eligibility Requirements & Program Rules Page 6 Area Basis A project must be located in an area defined as a slum or blighted area under state or local law; the conditions which qualified the area as slum or blight must be on record; and the project must specifically address one or more of these conditions. Spot Basis A CDBG project to eliminate slum and blight on a spot basis (for example, outside of a locally designated slum or blighted area) must be limited to activities necessary to eliminate specific conditions posing a threat to the public health or safety. The health or safety hazard must be identified, and the scope of the project must be limited to correcting the hazard. III. MEET AN URGENT NEED Use of this category is extremely rare. It is designed only for activities that alleviate emergency conditions. Urgent need activities must meet the following qualifying criteria. • The existing conditions must pose a serious and immediate threat to the health or welfare of the community; • The existing conditions are of recent origin or recently became urgent (generally, within the past 18 months); • The recipient is unable to finance the activity on its own; and • Other sources of funding are not available. An example of an activity that would qualify under the urgent Needs National Objective: Our County is hit by an earthquake within the last month and does not have any other resources to demolish severely damaged structures which pose a danger to occupants of neighboring structures. CDBG FUNDING - SPECIFIC REQUIREMENTS 1. Reversion of Assets/ Change -of -Use Restrictions All recipients must agree to restrict the use of the property, which was acquired and /or improved using CDBG funds, to the intended purpose for which the funds were awarded. The restriction will be based on the dollars invested and follow the guidelines in the chart below. This is to ensure compliance with HUD requirements and to ensure continued public benefit. Activity Dollar Threshold* Minimum Years Restricted Rehabilitation or Acquisition of Less than $15,000 5 Years existing facilities or housing $15,000 - $40,000 10 Years (including homeownership Greater than $40,000 15 Years assistance) New Construction or Acquisition of land for new Any $ amount 20 Years construction " Dollar threshold is per facility, or if housing, per unit for single family housing Reversion of assets provisions require agency to transfer to the City or County any CDBG funds on hand at the time of expiration of the subrecipient agreement, any accounts receivable attributable to the use of CDBG funds, and any non - expendable personal property that was purchased with CDBG funds Appendix D - CDBG Eligibility Requirements & Program Rules Page 7 2. Restriction on Assessments CDBG funds may not be used for public improvement projects where a portion of the projects is to be financed by assessments to area property owners, unless the project is structured such that CDBG funds are used to pay the assessments of all low and very low income property owners. The analysis of incomes of affected persons must be done ahead of time and submitted as part of the application for CDBG funds. 3. Guidelines for Economic Development Projects (24 CFR 570.209) City and County will utilize the guidelines provided at 24 CFR 570.209 relative to project costs and financial requirements and standards for evaluating public benefit. 4. Supplanting (24 CFR 570.207) Federal regulations prohibit using CDBG funds to supplant (replace or substitute for) local funds for public services or ongoing responsibilities of general local government. The intent of this federal regulation is to prevent local government from using the availability of federal CDBG dollars as an excuse to reduce local funding commitment. Appendix D - CDBG Eligibility Requirements & Program Rules Page 8 Appendix E HOME Eligibility Requirements & Program Rules HOME ELIGIBILITY REQUIREMENTS AND PROGRAM RULES The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA) to promote the following objectives: ➢ Provide decent and affordable housing to lower- income households, ➢ Expand the capacity of nonprofit housing services, ➢ Strengthen the ability of local governments to provide housing, and ➢ Leverage private- sector participation. What are Eligible HOME - Funded Activities? • Homeowner Rehabilitation: HOME funds may be used to assist existing owner - occupants with the repair, rehabilitation or reconstruction of their homes. • Homebuyer Activities: Participating jurisdictions may finance the acquisition and /or rehabilitation or new construction of homes for homebuyers. • Rental Housing: Affordable rental housing may be acquired and /or rehabilitated, or constructed. What are Eligible HOME Costs? • Developmental Hard Costs: HOME funds may be used for the actual cost of constructing or rehabilitating housing. Eligible costs include demolition of existing structures and improvements to the project site that are in keeping with improvements of surrounding, standard projects, and costs to make utility connections. • Acquisition Costs: HOME funds may be used for the costs of acquiring improved or unimproved real property. • Related Soft Costs: HOME funds may be used for other reasonable and necessary costs incurred by the owner and associated with the financing or development (or both) of new construction, rehabilitation, or acquisition of housing assisted with HOME funds. These costs include, but are not limited to: o Architectural, engineering or related professional services required to prepare plans, drawings, specifications, or work write -ups; o Costs to process and settle financing for a project, such as private lender origination fees, credit reports, fees for title evidence, fees o for recordation and filing of legal documents, building permits, attorney fees, private appraisal fees and fees for an independent cost estimate, builders or developer fees; o Costs of a project audit; Appendix E - HOME Eligibility Requirements & Program Rules Page 2 • Costs to provide information services such as affirmative marketing and fair housing information to prospective homeowners and tenants; • Costs for new construction or substantial rehabilitation, the cost of funding an initial operating deficit reserve, which is a reserve to meet any shortfall in project income during the period of project run up and which may only be used to pay operating expenses, reserve for replacements and debt service. • Relocation Costs: HOME funds may be used for the costs of relocation payments and other relocation assistance for permanent or temporarily relocating individuals, families, businesses, non - profit organizations, and farm operation where assistance is required. • CHDO Operating Expenses • Total HOME Assisted costs: HOME funds may be used to pay for all expenses from developmental hardcosts through CHDO operating expenses. • Total Number of HOME Assisted Units: HOME funds may be used to pay for the costs of the total number of units that will be assisted with HOME funds. • HOME Costs per Unit: HOME funds may be used for the total HOME costs divided by the total number of HOME assisted units. What Is a Community Development Housing Organization (CHDOP A CHDO is a private nonprofit, community -based service organization that has obtained or intends to obtain staff with the capacity to develop affordable housing for the community it serves. A CHDO must meet certain requirements pertaining to their: • Legal status; • Organizational structure; and • Capacity and experience HOME program rules require that a minimum of 15% of HOME funds be set -aside for CHDOs. These funds can be used by the CHDO for HOME activities where the CHDO acts as the developer, sponsor and /or owner of the housing. For more information on becoming a CHDO please contact the County or City Block Grant office. Program Rules The HOME Program has specific program rules that applicants should be aware of when contemplating applying for funds. Some applicable program rules include but are not limited to: 1. HOME Project Completion Recipients of HOME funds will have 4 years from the commitment date (contract date) to complete projects. Project completion means that all construction work and title Appendix E - HOME Eligibility Requirements & Program Rules Page 3 transfer (if applicable) is completed and the final draw of HOME funds has been disbursed. Rental Housing: Within six months from the date of project completion, if a HOME assisted rental unit remains unoccupied, the Block Grant office will provide to HUD information about current marketing efforts, and if appropriate, an enhanced plan for marketing the unit so that it is leased as quickly as possible. Within 18 months from the date of project completion, if efforts to market the unit are unsuccessful and the unit is not occupied by an eligible tenant, HUD will require repayment of all HOME funds invested in the unit. Homeownership Housing_ HOME assisted homeownership housing must have a ratified sales contract with an eligible homebuyer within 9 months of the completion of construction or rehabilitation, or it must be converted to rental housing. If converted, this rental housing must comply with all provisions of 24 CFR 92.252. If an unsold homebuyer unit is not converted to rental housing, the HOME funds must be repaid. 2. Affordability Period restrictions for HOME funded projects To ensure that HOME investments yield affordable housing over the long term, HOME imposes rent and occupancy requirements over the length of an affordability period. The length of the affordability period depends on the amount of the HOME funds in the property and nature of the activity funded. Affordability periods range from 5 to 20 years and follow the guidelines in the chart below. Homeowner / Homebuyer Activities HOME assistance provided per Period of Affordability unit Under $15,000 5 years Between $15,000 to $40,000 10 years Over $40,000 15 years Appendix E - HOME Eligibility Requirements & Program Rules Page 4 Rental Housing Activities Minimum Affordability Activity Dollar Threshold"' Period Less than $15,000 /unit 5 Years Rehabilitation or Acquisition of $15,000 - $40,000 /unit 10 Years existing housing Greater than $40,000 /unit 15 Years Refinance of a Rehabilitation Any $amount 15 years project New Construction (including land acquisition) or Acquisition Any $ amount 20 Years of new housing. 3. HOME Resale /Recapture Provisions For HOME, the Participating Jurisdiction (County or City) will designate in the subrecipient contract whether Resale or Recapture (24 CFR 92.294(a)(5)) will be used for maintaining affordability for each HOME assisted property. Additionally, deed restrictions must be recorded on the property to ensure the affordability. 4. HOME Assisted Rental Housing The HOME Program requires that all households who occupy HOME units be low income. Property owners and operators must develop policies and procedures which address: ➢ Admission & Tenant Selection (including an Affirmative Marketing Plan) ➢ Lease Provisions & Occupancy At initial occupancy and during the period of affordability Block Grant staff will monitor the project for compliance with HOME requirements. The monitoring will include inspections of HOME assisted units and the property overall, review of policies and procedures, project financial information and tenant files. 5. CHDO Certification A Community Housing Development Organization (CHDO) must meet certain statutory requirements under the HOME program to be designated as a CHDO. CHDO activities must involve acquisition, construction or rehabilitation, and sale (homebuyer or rental) of housing to eligible households. To be a CHDO, an organization must have Appendix E - HOME Eligibility Requirements & Program Rules Page 5 "demonstrated capacity for carrying out activities assisted with HOME funds." There are two ways to meet this requirement: • Hire experienced key staff members who have successfully completed similar projects; or • Hire a consultant with the same type of experience and a plan to train appropriate key staff members of the organization. Kitsap County/ City of Bremerton Block Grant Programs are required to certify that an organization qualifies as a Community Housing Development Organization (CHDO) each time it commits CHDO set -aside funds to the organization. CHDO certification will be required before a commitment of set -aside funds is made. 6. Underwriting, Subsidy Layering Review & Developer Capacity Analysis Kitsap County and the City of Bremerton, using guidelines it has established, will document that when HOME funds are used in combination with other government assistance in a project, no more subsidy is invested than necessary. Staff will also conduct a review of developer capacity and project fiscal soundness. A Conditional Commitment of funds will be made until all other project funding has been secured and documented. 7. Leveraging The City of Bremerton requires leveraging of HOME funds for homeownership housing projects. For every $1 of HOME funds committed, the project sponsor must show leveraged funding of $2 from other sources. 8. HOME Match Requirements The HOME program requires a match of 25% for every HOME dollar spent. Block Grant staff is responsible for ensuring that the HOME Consortium is meeting this requirement. Staff will work with agencies to identify sources and levels of HOME match required on a project basis. The match requirement may be met in several ways: A. Non - Federal Cash or Cash Equivalent — acceptable sources of cash match include: a. Local or state general revenues b. Housing Trust Funds c. Foundations, donations d. State appropriations e. HFA reserves that are not federal funds (e.g. bond proceeds) f. The interest rate subsidy achieved by the exemption of state or local taxes g. Present value of the interest subsidy for loans made at rates below market B. Value of waived taxes, fees or charges associated with the project; C. Value of donated land or real property; D. Cost of infrastructure improvements associated with the project; Appendix E - HOME Eligibility Requirements & Program Rules Page 6 E. A percentage of the proceeds of single or multi - family housing bonds issued by state or local government; F. Value of donated materials, equipment, labor and professional services; G. Sweat equity; H. Direct costs of supportive services to residents of the project; I. Direct cost of homebuyer counseling to families purchasing homes with HOME assistance. 9. Market Assessment Requirement All Homebuyer and Rental housing development projects (includes acquisition, rehabilitation, new construction, down payment assistance) awarded HOME funds will be required to have a Market Assessment. It must be completed by the applicant (or consultant hired by the applicant) and submitted at the time of application for funding or before the commitment of funds. Block Grant Program staff will review the Market Assessment to determine: • If a need for the type and number of housing units has been convincingly demonstrated; • If the developer /program will be able to sell the planned homebuyer units prior to the six -month deadline; • If the developer /program will be able to lease -up the planned rental units as expected, e.g. within the timeframe specified in the project pro- forma; • If the development will adversely impact existing affordable housing developments. 10. Site and Neighborhood Standards HOME funded rental projects that are newly constructed are subject to a site and neighborhood standards [24 CFR 92.202(b)] review by the Block Grant Program to determine that: 1. Site is adequate for proposed purpose 2. Project and location furthers compliance with fair housing laws 3. Site is not in an area of minority concentration — if the site is in an area of minority concentration, the Block Grant Program will determine that one or more of the following is true: a. The project will not increase significantly the proportion of minorities b. Sufficient comparable housing opportunities exist outside the area for minorities based on analysis of HUD - assisted housing c. Proposed project is necessary to meet overriding housing need that cannot otherwise be met d. Proposed project is integral to a neighborhood preservation strategy or integral to revitalization area strategy. 4. Project promotes greater choice of housing opportunities and avoids undue concentration of assisted persons 5. Proposed site is not seriously detrimental to family life 6. Proposed site is comparably accessible to broad range of services and facilities 7. Travel and access to jobs from proposed site is not excessive. Appendix E - HOME Eligibility Requirements & Program Rules Page 7 Long Term Affordability One of the purposes of the HOME Program is to increase the supply of affordable housing units. To ensure that HOME investments yield affordable housing over the long term, HOME imposes rent and occupancy requirements over the length of an affordability period. The length of the affordability period depends on the amount of the HOME funds in the property and nature of the activity funded. Affordability periods range from 5 to 20 years. Deed restrictions must be recorded on the property to ensure the affordability Homebuyer activities will use either Resale or Recapture (24 CFR 92.294(a)(5) for maintaining affordability for each HOME assisted property. Kitsap County and City of Bremerton will designate in the subrecipient agreement (contract) the method to be used. Rental housing activities will carry rent and occupancy restrictions during the period of affordability. Affordability restrictions remain in force regardless of transfer of ownership. Homebuyer Projects Homeownership housing projects assisted with HOME must meet the affordability described below, as per 92.254(a)(4). The affordability period begins after project completion, and is based on the amount of HOME investment per unit If a program or project does not meet its affordability requirements through change in ownership, change in use, or other failure to adhere to contractual obligations, Resale or Recapture provisions are triggered in order to continue the HOME investment to its intended recipient. Either Resale or Recapture is set forth in each project/program's contract. Resale for Homebuyer Proiects All HOME assisted homebuyers subject to Resale provisions must meet the following during the Period of Affordability, which will be recorded in a restrictive covenant and shall be required of the original and any subsequent buyer of the subject property during the term of the Period of Affordability: 1. The homebuyer must enter into restrictive covenant outlining resale requirements. 2. Subject property must be homebuyer's principal residence at all times during the Period of Affordability. 3. Property is sold to an income qualified homebuyer with an income within the range of 51 % and 80% of Area Median Income. The property must be sold at a price that is "affordable to a reasonable range of low- income buyers." The sales price shall be set such that the amount of Principal, Interest, Taxes and Insurance does not exceed 30% of the new buyer's annual income. The Kitsap County Block Grant Program must approve the resale price. Appendix E - HOME Eligibility Requirements & Program Rules Page 8 4. The owner shall receive a fair return on their investment. Fair Return on Investment means the total homeowner investment which includes the total cash contribution (excluding standard maintenance) plus the approved capital improvements as described below: a. The cost of any capital improvements, documented with receipts provided by the homeowner, including but not limited to: i. Any additions to the home such as a bedroom, bathroom, or garage; ii. Replacement of heating, ventilation, and air conditioning systems; iii. Accessibility improvements such as bathroom modifications for disabled or elderly, installation of wheel chair ramps and grab bars, any and all of which must have been paid for directly by the Owner and which were not installed through a federal, state, or locally- funded grant program; and iv. Outdoor improvements such as a new driveway, walkway, retaining wall, or fence. b. All capital improvements will be visually inspected t verify their existence. 5. The Housing Price Index (HPI) of the Federal Housing Finance Agency will be used as the index to determine fair return on investment. The percentage of change as calculated by the HPI projects what a house purchased at a point in time would be worth today if it appreciated (or depreciated) at the average rate for all homes in the areas. The calculation shall be performed for the Bremerton - Silverdale Metropolitan Statistical Area (MSA). 6. Calculating Fair Return on Investment: Calculating the Fair Return to the original homeowner would be as follows: Step 1: Owner cash contribution at closing + capital improvements x HPI% change= fair return on initial & capital investments Step 2: The results are then added to the owner's cash contribution + capital improvements to get the total return to the original homebuyer at sale. Recapture for Homebuyer Proiects All HOME assisted homebuyers subject to Recapture provisions must meet the following during the Period of Affordability, which will be recorded in a restrictive covenant and shall be required during the term of the Period of Affordability: 1. The homebuyer must enter into restrictive covenant outlining recapture requirements. 2. The PJ will record a lien on the property securing the asset until expiration of the Period of Affordability. 3. The homebuyer may sell the home at any time during the Period of Affordability, to any willing buyer, and at the price the market will bear. Appendix E - HOME Eligibility Requirements & Program Rules Page 9 4. In the event of voluntary or involuntary sale during the Period of Affordability, the PJ will recapture the HOME investment as follows: a. The owner shall receive a fair return on their investment: portion of HOME funds recaptured will be based on shared net proceeds (down payment and any capital improvements, excluding standard maintenance, since purchase). Net Proceeds = [Sale Price] — [Non -HOME Debt] — [Closing Costs] b. A third party appraisal will determine fair market value. Housing Homeownership Requirements The HOME program requires that for all HOME assisted homeownership projects: 1. All of the HOME funds will benefit families whose incomes are at or below 80% of the area median income. 2. The assisted housing will be the owner's principal residence. 3. The purchase price of the property or the appraised value of a property already owned, after rehabilitation will be less than 95 percent of the median area purchase price. The 2013 HOME Final Rule 24 CFR 92.254(a)(2)(iii) is amended to eliminate the use of the 203(b) limit and to change the methods for determining 95% of area median purchase price. HUD will determine and issue limits that represent 95% of the area median purchase price separately for newly constructed and existing single family housing units. Kitsap County Block Grant Program will use the HUD - issued limits. 4. All homebuyers that receive HOME assistance or purchase a unit developed with HOME funds must receive housing counseling. The Block Grant staff will review the housing counseling policies of subrecipients and owner /sponsor developers of homeowner housing to determine compliance with this requirement. 5. A subsequent low- income purchaser of a HOME - assisted homeownership unit may assume the existing HOME loan and recapture obligation entered into by the original buyer when no additional HOME assistance is provided to the subsequent homebuyer. 6. City of Bremerton HOME funded homeownership projects are capped at $30,000 per unit. 7. Subrecipients administrating homebuyer assistance programs must have and follow written policies for: a. Underwriting: Underwriting standards for homeownership assistance must address housing debt, overall household debt, the appropriateness of the amount of assistance, recurring household expenses, assets available to acquire the Appendix E - HOME Eligibility Requirements & Program Rules Page 10 housing, monthly expenses of the household and financial resources available to the household to sustain homeownership. b. Predatory lending: (HUD will issue guidance on preventing predatory lending) c. Refinancing: The refinancing policy must address refinancing loans to which HOME loans are subordinated to ensure that the terms of the new loan are reasonable. Rental Housing Requirements Rental housing projects which include HOME assisted units must meet the affordability described in 92.252(e), the affordability requirements apply without regard to the term of any loan or mortgage or the transfer of ownership. At least 20% of HOME assisted rental units must be occupied by families who have annual incomes that are 50% or less of AMI. Properties with 5 units or less are exempt from this rule. Additionally the Block Grant Program must ensure that 90% of the total households served under all County /City funded HOME rental programs have incomes that do not exceed 60% of the AMI. The remaining households must not exceed 80% of AMI. Minority and Women Owned Businesses The HOME program requires the encouragement and use of minority and women owned business enterprises in the implementation of HOME program activities. Affirmative Fair Housing Marketing Plan All Home - funded programs, including downpayment assistance programs, must follow an affirmative marketing plan. The specific affirmative marketing procedures to be used will depend on the type and size of the program or project. The Kitsap County -City of Bremerton HOME Consortium has an Affirmative Fair Housing Marketing Plan that clearly state what actions owners /managers must take to provide information to, and otherwise attract, eligible persons in the housing market who are unlikely to apply without special outreach. The extent of the affirmative marketing activities typically varies depending on the size of the property. Kitsap County -City of Bremerton HOME Consortium staff will evaluate the success of the affirmative marketing actions every year for each project. Owners and managers are required to retain certain records so staff can evaluate its results. Affirmative Marketing will be reviewed during annual on -site monitoring. Priorities for Use of HOME funds The City of Bremerton will give priority to HOME projects located in the Anderson Cove and Downtown designated Blight Zones. Please contact the City for a map of these areas. In the absence of qualified, viable projects that fit the City's vision, the City Council may elect to set aside HOME funds for a future use, including for a City- initiated affordable housing project. Appendix E - HOME Eligibility Requirements & Program Rules Page 11 The County does not have priority areas for the use of HOME funds. Property and Construction Issues A. Compliance with Codes and Standards For all projects, the Block Grant office is primarily responsible for ensuring compliance with Federal requirements and meeting both project and program goals. This is the case no matter what cost is funded under the HOME Program. 1. Acquisition of existing housing (no rehab. or construction)24 CFR 92.251(c) Housing acquired with HOME funds must be inspected for health and safety at the time of title transfer. Block Grant staff will conduct an inspection using established standards. Any deficiencies will be noted and a date for correction and re- inspection will be communicated to the owner. HOME funds will not be disbursed for the acquisition until the project passes the inspection. 2. Rehabilitation of housing 24 CFR 92.251(b) For any HOME - funded rehabilitation work, the housing must meet the Kitsap County /City of Bremerton Housing Rehabilitation Standards and County or applicable City Building Code. The Rehabilitation Standards address the following: • Health & Safety — the rehab. standards specify the life threatening deficiencies that must be addressed immediately if a housing unit is occupied. • Remaining Useful life of major Systems — An estimate of the remaining useful life of major system must be completed. Major systems include structural support, roofing, exterior cladding, weatherproofing (e.g., windows, doors, siding, gutters), plumbing electrical and heating, ventilation and air conditioning. o Major systems for rental housing - This must be done with a capital needs assessment for projects with 26 or more units. If the remaining useful life is less than the affordability period, the Block Grant Program will require replacement reserve deposits to ensure that the project's major systems and physical needs can be adequately maintained and addressed throughout the affordability period. Appendix E - HOME Eligibility Requirements & Program Rules Page 12 o Major systems for homeownership housing — upon project completion, major systems must have a useful life of at least five years. • Lead based paint requirements, in accordance with 24 CFR Part 35. • Accessibility requirements, as applicable, in accordance with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, and the Fair Housing Act. • Disaster mitigation standards, in accordance with State and local requirements. • Rehabilitation work must comply with local codes, ordinances, and zoning requirements. • Uniform Physical Conditions Standards (UPCS 3. New construction of housing 24 CFR 92.251(a) All new housing projects constructed with HOME funds must have project specific material and methods or "construction specifications" for the project. The specifications and design plans will be reviewed by Block Grant staff to ensure that the amenities and aesthetic features of the project are in keeping with modest housing of similar type in the community. Projects will be required to obtain the necessary development permits from the jurisdiction where the project is located and copies of the signed -off permit & certificate of occupancy will be required for final reimbursement of funds. All new construction work must meet the International Code Council's International Residential Code or International Building Code, whichever is applicable, and disaster mitigation standards in accordance with State and local requirements. In addition projects must meet the applicable accessibility requirements in accordance with Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and the Fair Housing Act. Block grant staff will review and approve written cost estimates, construction contracts and construction documents. In addition, staff will conduct construction progress and final inspections to ensure that work is done in accordance with the applicable codes, the construction contract, and construction documents. 4. Newly Constructed or Recently Rehabilitated Housing 24 CFR 92.251(c)(1) Housing that has been newly constructed or rehabilitated within one year of the date of commitment of HOME funds must meet the applicable property standards Appendix E - HOME Eligibility Requirements & Program Rules Page 13 [92.251(a)] for new construction and [92.251(b)] for rehabilitation. The Block Grant office will document compliance based on a review of approved building plans and certificates of occupancy and a property inspection that is conducted no earlier than 90 days before the commitment of HOME funds. 5. All Other Existing Housing — Rental For all other housing (housing not recently rehabilitated or newly constructed) that will be acquired (without rehabilitation) for rental housing, the property must meet the applicable standard for rehabilitation at 92.251(b). The Block Grant office will document compliance based upon a current inspection that is conducted no earlier than 90 days before the date of commitment of HOME assistance. If the property does not meet these standards, it cannot be acquired with HOME funds unless it is rehabilitated to meet this standard. 6. All Other Existing Housing — Homeownership (Downpayment) Assistance Block Grant staff will utilize Housing Quality Standards to ensure that existing housing acquired for homeownership is decent, safe, sanitary, and in good repair. Once HUD issues guidance on replacing HQS with the UPCS, staff will use the UPCS to perform inspections. 7. Manufactured Housing Property Standards [24 CFR 92.251(e)] Newly constructed manufactured housing and housing that replaces an existing substandard unit must be on a permanent foundation. For all rehabilitated manufactured housing, the foundation and anchoring must meet all applicable State and local codes and other requirements. All new construction of manufactured housing must meet the Manufactured Home Construction and Safety Standards codified at 24 CFR part 3280. All new manufactured housing must, at the time of project completion, be connected to permanent utility hook -ups and be located on land that is owned (or leased for a period at least as long as the affordability period) by the manufactured housing unit owner. Existing manufactured housing that is rehabilitated with HOME funds must meet the property standards applicable to rehabilitation, as outlined in 92.251(b). 8. On -going Property Standards for Rental Projects [24 CFR 92.251(f)] Properties must be maintained to meet all applicable State and local codes. Housing will be inspected using UCPS as the standard (replaces HQS). Housing must be free of all health and safety defects and any life- threatening deficiencies Appendix E - HOME Eligibility Requirements & Program Rules Page 14 identified during inspection must be corrected immediately. Housing must also meet the lead -based paint requirements in 24 CFR part 35. Lead Based Paint All housing funded with HOME and /or CDBG constructed before 1978 must comply with lead -based paint regulations at 24 CFR Part 35. The purpose of the regulation is to identify and address lead -based paint hazards before children are exposed to lead. Appendix E - HOME Eligibility Requirements & Program Rules Page 15 Appendix F Anti - Displacement & Relocation Assistance Plan Anti - displacement and Relocation Assistance Plan INTRODUCTION • Applicants for federal funds must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to as URA. URA regulations, at 49 CFR Part 24, apply to any federally- assisted project involving acquisition demolition or rehabilitation • The URA protects all persons who are displaced by a federally assisted project, regardless of their income This is in contrast to Section 104(d) which only protects displaced persons whose income is at or below 80% of the area median income. The URA also protects businesses located in a building acquired, demolished or rehabilitated with federal funds. REAL PROPERTY ACQUISITION A. When acquisition of real property is the result of a voluntary proposal which has been submitted by an owner in response to a public invitation or solicitation for offers, it is referred to as voluntary acquisition. In contrast, acquisition of property by the local government entity which is not voluntarily offered for sale is referred to as involuntary acquisition. Voluntary Acquisition must adhere to the following procedures: a) Determine if the housing unit is a low /moderate income dwelling unit and if so contact the Block Grant Program office. b) Clearly advise the owner that in the event negotiations fail to result in an agreement the property will not be acquired. c) Arrange for a full independent narrative appraisal of the property by a qualified appraiser. d) Inform the owner of what the agency believes to be fair market value of the property and that the agency does not have the authority to acquire the property by eminent domain. (HUD Guideform Notice of Voluntary Arms Length Transaction is available from the Block Grant Office) B. All acquisitions must go through real estate escrow. The escrow agent must be a neutral third party to the acquisition. C. All acquisitions must have title insurance. D. All acquisitions will need a notice of some kind. All occupants are entitled to timely notice explaining whether or not they will be displaced. • Occupants to be displaced must be informed of their eligibility for relocation assistance and the nature of the assistance. 2 1 Appendix F Anti - Displacement & Relocation Assistance Plan • Occupants not to be displaced must be informed of the terms and conditions under which they may occupy the property upon completion of the project. NOTICES ➢ General Information Notice (GIN): Informs occupants of a possible project and of their rights under URA. Stresses that the household should not move at this time. ➢ Move -in Notice informs households moving into potential projects after the application that may be displaced and that they will not be entitled to assistance. ➢ Notice of Non - Displacement informs households who will remain in the project after completion of the assisted activity of their rights and of the terms and conditions of their remaining at the property. ➢ Temporary Relocation Notice informs households who will be temporarily relocated of their rights and of the conditions of their temporary move. ➢ Notice of Eligibility informs households to be displaced of their rights and levels of assistance under federal law. ➢ 90 and 30 Day Notices informs displaced households of the day by which they must vacate the property. PLANNING FOR RELOCATION UNDER URA A. Minimizing Displacement It is the policy of the Kitsap County and City of Bremerton Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Programs to minimize displacement of people or businesses as a result of activities assisted with CDBG or HOME funds. This means: a) Considering whether displacement will occur and how this would affect the feasibility of the project. b) Identifying potential relocation workload and resources early. c) Assuring, whenever possible, that residential occupants of buildings to be rehabilitated are offered an opportunity to return. d) Planning rehabilitation projects to include "staging" where this would minimize displacement. B. Relocation Assistance for Displaced Residents Relocation is defined as the permanent movement of occupants /tenants, required as a result of a CDBG or HOME activity. Federal regulations require that if any individuals, families, businesses or farms are displaced the subrecipient must: a) Inform the person(s) that they may be displaced and generally describe the relocation payment(s) for which they may be eligible, the 3 Appendix F Anti - Displacement & Relocation Assistance Plan basic conditions of eligibility, and the procedures for obtaining payment(s). b) Inform the person that they will not be required to move without at least 90 days advance written notice and that the person to be displaced cannot be required to move permanently unless at least one comparable replacement dwelling unit has been made available. c) Inform the person that they will be given reasonable relocation advisory services, including referrals to replacement properties, help in filing payment claims, and other necessary assistance to help them relocate. d) Provide the person with a description of their right to appeal any determinations for assistance under the Uniform Relocation and Real Property Acquisition Act (49 CFR, Part 24). e) Assure that those persons who are required to relocate receive their full replacement housing payments, moving, and related expenses. C. Rights of Residents who Remain in the Project a) Remaining Households must be offered affordable Housing. • Tenants who are intended to remain in the project must receive the offer of a "suitable" unit which can be rented at an "affordable" price. Determining which tenants will be able to remain in the project is a key component of determining the feasibility of an occupied project. b) Temporary Relocation • Residents who will remain in the project after rehabilitation may be required to move temporarily during rehabilitation. • The temporary dwelling must be suitable and decent, safe and sanitary but not necessarily comparable. • In addition to the Notice of Non- displacement, the resident must, as a minimum, receive reasonable advance written notice of the date and approximate duration of the planned temporary move; information about the terms and conditions under which the tenant will be returning to when the project is completed; and reimbursement for all reasonable out -of- pocket expenses incurred in connection with the temporary move. c) Permanent Moves Within the Project • Tenants may be allowed to remain in a project after rehabilitation, but not necessarily in the same unit. • Permanent moves within the same project must be to suitable, decent, safe and sanitary - but not necessarily comparable — units. 4 Appendix F Anti - Displacement & Relocation Assistance Plan • In addition to the Notice of Non - displacement, the resident must, as a minimum receive reasonable advance written notice of the date of the planned move to an alternate unit and; reimbursement for all reasonable out -of- pocket expenses incurred in connection with the move. SECTION 104(d) - REPLACEMENT OF HOUSING Section 104(d) of the Housing and Community Development Act of 1974 as amended requires the one - for -one replacement of low /moderate income occupied or occupiable dwelling units which are demolished or converted to a use other than low /moderate income housing as a direct result of CDBG or HOME assistance. Under this section relocation assistance shall be provided in accordance with 24 CFR Part 42.350. One for one replacement of units shall be provided in accordance with 24 CFR Part 42.375. All comparable replacement housing will be provided within one year prior to or three years after commencement of the demolition or conversion. Before entering into a contract committing the County to provide funds for an activity that will directly result in demolition or conversion, Kitsap County will require the applicant to publish a notice in the newspaper, and Kitsap County will submit to HUD, the following information in writing: 1) Description of proposed assisted activity; 2) The address, number of bedrooms and map of location of the lower income housing that will be lost as a result of the project; 3) Time schedule for start and completion of the demolition or conversion; 4) To the extent known, the address, number of bedrooms and map of the location of replacement housing that has or will be provided. If such data are not available at the time of the general submission, Kitsap County will identify the general location on an area map and information identifying the specific location and number of dwelling units by size shall be submitted and disclosed to the public as soon as it is available; 5) Basis for concluding replacement housing will remain a low- income unit for at least 10 years from the date of initial occupancy; 6) Information demonstrating that any proposed replacement of housing units, that are different in size from those units lost, is appropriate and consistent with housing needs and priorities identified in the Consolidated Plan. 5 Appendix F Anti - Displacement & Relocation Assistance Plan DEFINITIONS Comparable replacement dwelling unit: A unit that meets the criteria of 49 CFR 24.2(d)(1) through (6); and is available at a monthly cost for rent that does not exceed the "Total Tenant Payment" determined under 24 CFR Part 42 813.107. Conversion: This term means altering a housing unit so that it is used for non - housing purposes; used for housing but no longer meets the definition of lower income dwelling unit; or used as an emergency shelter. Lower - Income Dwelling Unit: A dwelling unit with a market rent (including utility costs) that does not exceed the applicable Fair Market Rent (FMR) for Section 8 existing housing established under 24 CFR part 888. However, the term does not include any unit that is owned and occupied by the same person before and after the assisted rehabilitation. Vacant occupiable dwelling unit: a vacant dwelling unit that is in a standard condition; vacant dwelling unit that is in a substandard condition but is suitable for rehabilitation; or a dwelling unit in any condition that has been occupied (except by a squatter) at any time within the period beginning 3 months before the date of execution of the agreement by the recipient covering the rehabilitation or demolition. 6 Appendix F Anti - Displacement & Relocation Assistance Plan Appendix G Glossary Appendix G - Glossary Page 2 GLOSSARY Administrative Expenses Those expenses directly associated with the recipient's general administration of the CDBG or HOME program, such as salaries, supplies, equipment, accounting, phones, audits, benefits, travel and indirect costs. Affordability Affordability is achieved when a household's rent or mortgage payment, plus utilities, does not exceed 30% of the monthly income for the targeted income group as adjusted for household size. Annual Action Plan: This document allocates one year's funding to specific projects and activities for the CDBG and HOME programs. It is submitted annually to HUD, 45 days prior to the start of the City's and County's fiscal year or no later than November 15 and is developed in accordance with federal regulations (24 CFR Part 91). Architectural Barriers Restrict mobility and accessibility of elderly or individuals with disabilities. Benefit Criteria A CDBG activity must either, principally benefit low or very low income persons reduce or prevent slums and blight or meet a recent urgent need. These three objectives are the Benefit Criteria. Cash Flow Gross income minus vacancy rate, operating expenses, reserves, debt service and taxes. Grant Recommendation Committee (GRC) A group of eight citizens meeting specific qualifications, who develop funding recommendations for approval by the Kitsap Regional Coordinating Council (KRCC) and Bremerton City Council. Citizen Participation Plan: This plan is prepared to facilitate and encourage public participation and involvement in the Consolidated Plan process and the City's and County's CDBG and HOME program, especially by low- and moderate - income persons. The plan identifies the public participation requirements as identified by federal regulations (24 CFR Part 91). Committed Funds Funds committed to a project by a project funding source. The award amount, terms and uses of the committed funds are documented in a letter to the applicant. A copy of this award letter is included with the application for CDBG /HOME funds. Conditional Funds Funds committed, with conditions, to a project by a project funding source. The conditions of the commitment, amount, terms, and uses are documented in a letter to the applicant. A copy of the letter is included with the application for CDBG /HOME funds. Consolidated Annual Performance Evaluation Report (CAPER): This document reports on the progress in carrying out the Consolidated Plan and Annual Action Plan. The report is prepared annually by both the City and County in accordance with federal regulations (24 CFR Part 91). It is due to HUD no later than 90 days after the end of the program year or March 31. Appendix G - Glossary Page 3 Consolidated Plan: This document serves as the City's and County's application for CDBG and HOME funds. It sets forth the priorities and strategies to address the needs of primarily low - and moderate - income persons and areas in the county. It typically covers a five -year time period. It is submitted to HUD 45 days prior to the start of the program year or no later than November 15 and is developed in accordance with federal regulations (24 CRF Part 91). Consultant Fees Fees paid to a third party developer consultant for costs associated with implementation of a project. Entitlement Community A local jurisdiction that receives an allocation of Community Development Block Grant funds directly from HUD. All participating jurisdictions are entitlement communities; however, not all entitlement communities are participating jurisdictions. Household: All persons occupying a housing unit. The occupants may be a family, as defined in 24 CFR 5.403; two or more families living together; or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity, or marital status. Housing Housing includes permanent housing units for sale or rent including; manufactured housing, permanent housing for disabled homeless persons, transitional housing, single -room occupancy housing, and group homes. Housing does not include emergency shelters or facilities such as nursing homes, convalescent homes, hospitals, residential treatment facilities, correctional facilities, halfway houses, housing for students or dormitories. Interlocal Agreement Agreements made to ensure the cooperation of units of local government which form consortiums for the purpose of obtaining funding. Low- and Moderate - Income Households (LMI): These are households earning less than 80% of the area median income (AMI). They are broken down into the following income designations: • Extremely Low - Income: households with incomes less than 30% of the area median family income adjusted for household size. • Low - Income: households with incomes between 31 % and 50% of the area median income, adjusted for household size. • Moderate - Income: households with incomes between 51 % and 80% of the area median income, adjusted for household size. Low- and Moderate - Income Area Neighborhood (LMA): In general, this is defined as census tracts or block groups where a minimum of 51 % of the residents have low or moderate incomes (i.e. not exceeding 80% of the area median income). Median Family Income: HUD releases income limits annually for its programs. Income limits are calculated using American Community Survey and Census data. Data for Kitsap County is based on the Bremerton - Silverdale Metropolitan Statistical Area (MSA). Incomes are indexed by household size. Operating Support Financial assistance used to supplement the day -to -day operations of a project. Participating Jurisdiction This term refers to cities, counties and consortia which receive an allocation of federal HOME funds directly from HUD. Appendix G - Glossary Page 4 Persons with Disabilities: This term means a household composed of one or more persons, at least one of whom is an adult, who has a disability. A person is considered to have a disability if the person has a physical, mental, emotional or developmental impairment that is expected to be of long- continued and indefinite duration and substantially impedes his or her ability to live independently. Program Year: The program year for both the County and City CDBG and HOME programs is January 1 through December 31, which is the same as the County and City's fiscal year. Project Management Costs directly related to managing the project to the point of completion normally paid to a third party. Project Soundness The feasibility, sensibility, and effectiveness of the project to meet a defined community need and the organizational strength and capacity to bring the project to completion. Proposed Funds Funds which have been or will be requested from a potential project funding source. Relocation Expenses Those costs paid to households or businesses when temporary or permanent relocation becomes necessary. Single family housing: One to four - family residence, condominium unit, cooperative unit, combination of manufactured housing and lot, or manufactured housing lot. Single room occupancy (SRO) housing Housing (consisting of single- room dwelling units) that is the primary residence of its occupant or occupants. The unit must contain either food preparation or sanitary facilities (and may contain both). Special Needs Housing Housing for special needs populations who require special housing - related services. This is also referred to as supportive housing. Special Needs Population This population of people includes elderly and frail elderly; persons with mental, physical or developmental disabilities; persons with HIV /AIDS; persons with alcohol or drug addiction; victims of domestic violence; persons discharged from institutions (prison, jail, mental hospital, foster care). Transitional housing: Housing that is designed to provide housing and appropriate supportive services to person, including (but not limited to) deinstitutionalized individuals with disabilities, homeless individuals with disabilities, and homeless families with children. It has as its purpose facilitating the movement of individuals and families to independent living within a time period that is set. Uniform Physical Condition Standards WPM: Uniform national standards established by HUD pursuant to 24 CFR 5.703 for housing that is decent, safe, sanitary, and in good repair. Standards are established for inspectable items for each of the following areas: site, building exterior, building systems, dwelling units, and common areas. Appendix G - Glossary Page 5 �/ �� ,�15RV Y WAWNM" City of Bremerton/ Kitsap County Coordinated Grant Application Process 2015 Coordinated Grant Notice of Funding Availability Community Development Block Grant Program HOME Investment Partnership Program Affordable Housing Grant Program Homeless Housing Grant Program Consolidated Homeless Grant Program GENERAL INFORMATION 2015 Funding Allocation Schedule (Adobe PDF = page 4) 2 About the Funding (Adobe PDF = page 5) 3 Eligible Activities (Adobe PDF = page 5) 3 Eligible Applicants (Adobe PDF = page 9) 7 Funding Priorities (Adobe PDF = page 10) 8 Funds Available (Adobe PDF = page 13) 11 2014 Proposed Distribution (Adobe PDF = page 15) 13 Where to Submit Applications (Adobe PDF = page 16) 14 Assistance with the Application (Adobe PDF = page 16) 14 Application Review and Rating Process (Adobe PDF = page 17) 15 Grant Recommendation Committee (GRC) (Adobe PDF = page 17) 15 HUD Income Limits(Adobe PDF = page 18) 16 If Your Agency is Awarded Funds (Adobe PDF = page 19) 17 City of Bremerton /Kitsap County 2015 Coordinated Grant N otic e of Funding Staff Contacts wASNINGTON City of Bremerton CDBG/HOME http: / /www.ci .bremerton.wa.us /display.php ?id =864 Mailing Address: City of Bremerton Department of Community Development 3456 th Street, Suite 600 Bremerton, WA 98337 -1873 Staff Contacts: Marie Vila, Program Administrator, City of Bremerton (360) 473 -5375 marie.vila@ci.bremerton.wa.us Kitsap County CDBG /HOME http: / /www. kitsapgov.com /hr /block_g ra nt_prog ra m /block_gra nt_Program. htm Mailing Address: Kitsap County Block Grant Office Department of Community Development 3456 th Street, Suite 400 Staff Contacts: Bonnie Tufts, Program Manager, Kitsap County (360) 337 -4606 btufts(&co. kitsa p. wa. us Shannon Bauman, Block Grant Planner, Kitsap County (360) 337 -7272 sbauman@co.kitsap.wa.us Affordable Housina Grant Program/ Homeless Housing Grant Programhttp: / /www.kitsapregionalcouncii.o[g /housing cga.php Mailing Address: Housing Grant Programs Kitsap Regional Coordinating Council PO Box 1934 Kingston, WA 98346 Staff Contact: Kirsten Jewell, Manager, Housing Grant Programs (360) 377 -4900 kirsten (- akitsapregionalcouncil.org 2015 Coordinated Grant Notice of Funding Availability 1 2015 Funding Allocation Schedule 2015 Draft Policy Plan and Notice of Funding Availability available for review Friday 4/18/2014 and public comment. Announcement in Kitsap Sun legal ads and on www.kitsapgov.com /block grant program /Legal Ads.htm and on www.ci.bremerton.wa.us Tuesday 5/20/14 Written Comment period closes Wednesday 5/21/2014 Bremerton City Council Public Hearing on 2014 Policy Plan and Notice of LFu nding Availability, ND 1st Fl oor Council Chambers, 345 6t St, 5_30 pm Kitsap Regional Coordinating Council Public Hearing on 2015 Policy Plan Tuesday 5/27/2014 and Notice of Funding Availability; NDGC Council Chambers, 345 6th Street, 10:OOam Wednesday 5/28/2014 Technical Assistance Meeting (mandatory) — Norm Dicks Government Center Meeting Chamber, 345 6th Street, 1st Floor. All prospective applicants; 9am Thursday 5/28/14 2015 On -line Application goes LIVE in FluidReview; links to application posted to websites. 5/29/2014- 6/2712014 Technical Assistance available (by appointment only) Tuesday 7/1/2014 ( Joint Funding Applications Due @ Noon: Online Submission Only Wednesday 7/9/2014 GRCs Orientation — 9:00 — Noon, WSU Classroom 4 Floor NDGC 7/2/2014- 8/15/2014 Application Review Capital /HOME GRC Interviews: Detailed schedule TBD 9/3/2014- Services /O &M GRC Interviews: Detailed schedule TBD 9/12/2014 Note: GRC will meet for 1 hour (8:30 -9:30) to discuss each day's applications. Monday 9/1512014 GRC Deliberations; Services /O &M 9:00- 12:00, Capital 1:00 -4:00 Publish Draft Action Plan in Kitsap Sun and announce opening 30 -day Public Friday j 9/19/2014 Comment period; funding recommendations posted on City, County and KRCC websites Tuesday I 9 /23/2014 Kitsap Regional Coordinating Council — Information received in packets only. Tuesday 10/21/2014 Written Comment period closes Wednesday 10/22/2014 Present Proposed 2015 Funding Recommendations at City Council Study Session NDGC City Council Office, 345 6th St, 6th Floor 5:OO Kitsap Regional Coordinating Council Public Hearing and Action on Kitsap Tuesday 10/22/2014 County 2015 Action Plan and Funding Recommendations; NDGC Council Chambers, 345 6th Street, 10:00 am Bremerton City Council Hearing on Kitsap Joint Funding Recommendations; Wednesday 11/5/2014 NDGC 1st Floor Council Chambers, 345 6th Street, 5:30PM Friday 11/14/2014 Annual Action Plan to HUD Thursday 1/1/2015 Program Year Begins 2015 Coordinated Notice of Funding Availability 2 About the Funding The Coordinated Grant Application Process brings together four separate funding sources into one common application. A brief description of the funding sources is listed below. For more detailed information please refert to the CDBG /HOME Policy Plan or the AHGP /HHGP Policy Plans. Community Develoument Block Grant The Community Development Block Grant (CDBG) program is a flexible program that provides communities with funding to address a wide range of unique community development needs. The program is authorized by Title I of the Community Development Act of 1974. Funds are used to assist in the development of decent housing, create suitable living environments, and expand economic opportunities primarily for persons of low and moderate income. All projects funded with CDBG must meet one of the three national objectives: 1. Principally benefit low and very low income households; 2. Reduce or prevent slum and blight; or, 3. Meet an urgent need HOME Investment Partnership Program The HOME Program was created by the National Affordable Housing Act of 1990 (NAHA). The Housing and Community Development Act of 1992 and the Multifamily Property Disposition Act of 1994 made important changes to the Program. The intent of the HOME Program is to: • expand the supply of decent, safe, sanitary, and affordable housing; • strengthen the abilities of state and local governments to provide housing; • expand the capacity of nonprofit community based housing development organizations; and, • leverage private sector participation in financing affordable housing. Homeless Housing Grant Program The Homeless Housing Grant Program was created in Washington State by Engrossed Second Substitute House Bill (ESSHB) 2163 on August 1, 2005. The law created a document recording fee on certain documents to be utilized by local jurisdictions to reduce homelessness. Administration of the grant funds are shared between local governments and the state. Eligible uses of the funds are broad as long as the program funded addresses homelessness through housing and /or services. Affordable Housing Grant Program The Affordable Housing for All Grant Program came about through enactment of Substitute House Bill 2060 which became law in Washington State on June 13, 2002. The law created a document recording fee on certain documents to be utilized for low- income housing. Consolidated Homeless Grant Program The Consolidated Homeless Grant Program is part of the WA Commerce's Consolidated Homeless Grant. The CHG is designed to support an integrated system of housing assistance to prevent homelessness and secure permanent housing for households who are unsheltered or in temporary housing. This grant provides resources to address the housing needs of people who are homeless or at -risk of homelessness, as described in local plans to end homelessness. Please see Washington State Commerce website for further clarification at www commerce wa gov/ Programs/ housing /Homeless/ Pages/ ConsolidatedStateHomelessGrantProgram Eligible Activities Community Development Block Grant Eligible activities are defined in the CDBG program regulations at 24 CFR 570.201- 570.207. A list of some 2015 Coordinated Notice of Funding Availability 3 of the activities follows: • Acquisition of real property by purchase, lease or donation • Acquisition, construction, reconstruction, rehabilitation or installation of public facilities and improvements • Code enforcement in deteriorated or deteriorating areas • Clearance, demolition and removal and rehabilitation of buildings and improvements • Removal of material and architectural barriers • Public services (including labor, supplies and materials) including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, energy conservation, welfare or recreation needs • Planning activities • Assistance to Community Based Development Organizations (CBDO) to carry out projects • Assistance to carry out economic development projects • Housing services such as housing counseling and energy auditing • Assistance to facilitate and expand homeownership opportunities for low and very low income people • Lead based paint hazard evaluation and reduction The following activities generally are not eligible for CDBG funding: • New residential housing construction, except in special circumstances • Regular government operations • Buildings such as city halls, police stations, or other buildings primarily for the general conduct of government (except for the removal of architectural barriers) • Income payments such as payments to individuals or families for food, clothing, or rent, except in certain circumstances • Political activities • Vehicles and Equipment Note. The above lists are not comprehensive. For a complete list of CDBG eligible or ineligible activities refer to CDBG regulations in 24 CFR 570.201 and 570.207 HOME Investment Partnership Program The Eligible activities are defined in the HOME program regulations at 24 CFR 92.205. A list of some of the activities follows: • Rehabilitation of residential property where property is fully repaired • New construction of residential property • Acquisition of residential property • Rental assistance payments to tenants • Relocation associated with an eligible HOME project • A small part (up to 5 %) of the Kitsap County HOME funds may be used to help pay the operating expenses of designated Community Housing Development Organizations (CHDOs) within the guidelines established by HUD The following activities generally are not eligible for HOME funding: • Project reserve accounts, except for the initial 18 months of a HOME assisted new construction project • Emergency home repair programs • Public housing units • Commercial properties • Shelters, unless they meet Section 8 Housing Quality Standards and otherwise can be considered rental housing • Project based tenant assistance Note: The above lists are not comprehensive. For a complete list of eligible or ineligible activities refer to 2015 Coordinated Notice of Funding Availability 4 HOME regulations in 24 CFR 92.205 Homeless Housing Grant Program Eligible activities are defined in the legislation for Washington State Engrossed Second Substitute House Bill (ESSHB) 2163. A list of some of the activities follows: • Rental and furnishing of dwelling units for the use of homeless persons; • Costs of developing affordable housing for homeless persons, and services for formerly homeless individuals and families residing in transitional housing or permanent housing and still at risk of homelessness; • Operating subsidies for transitional housing or permanent housing serving formerly homeless families or individuals; • Services to prevent homelessness, such as emergency eviction prevention programs including temporary rental subsidies to prevent homelessness; • Temporary services to assist persons leaving state institutions and other state programs to prevent them from becoming or remaining homeless; • Outreach services for homeless individuals and families; • Development and management of local homeless plans including homeless census data collection; identification of goals, performance measures, strategies, and costs and evaluation of progress towards established goals; • Rental vouchers payable to landlords for persons who are homeless or below thirty percent of the median income or in immediate danger of becoming homeless; and • Other activities to reduce and prevent homelessness as identified for funding in the local plan. Affordable Housing Grant Program Eligible activities are defined in the legislation for Substitute House Bill 2060. A list of eligible activities follows: Provide funding for operation and ongoing maintenance of emergency shelters (not including capital improvements); • Provide funding for operation and ongoing maintenance (not including capital improvements) of housing, including transitional housing, that is eligible for WA State Housing Trust Fund grants. [Note that the WA State Housing Trust Fund requires that facilities serve the target population for at least 40 years.]; • Provide funding for capital projects serving persons at or below 50% median income for at least 25 years, including: • Provide funding to build new single - family housing units, including duplexes, multifamily housing, and single room occupancies. • Build emergency or youth shelters; • Build group homes or special -needs housing; • Provide funding to rehabilitate housing (repair /replace roofs, walls, electrical systems, doors, floors, cabinets, ceilings, bathrooms, etc.); • Acquisition of housing; • Acquisition of land for future housing; • Payment of soft costs (not bricks /mortar) associated with housing development. • Provide short-term rental /mortgage assistance consistent with the requirements of the 2060 legislation. Consolidated Homeless Grant Program CHG funds support a variety of activities, including operation of temporary shelter systems 90 days or less and housing services exceeding 90 days but less than 24 months. 2015 Coordinated Notice of Funding Availability 5 Facility Support ✓ Lease or rent payment on a building. (If a Lead /Sub Grantee owns the building or has a mortgage payment on the building, they may not charge the grant "rent" and then reimburse themselves.) ✓ Utilities (gas /propane, land line phone, electric, internet, water and sewer, garbage removal). ✓ Maintenance (janitorial /cleaning supplies, pest control, fire safety, materials and contract or staff maintenance salaries and benefits associated with providing the maintenance, mileage for maintenance staff). ✓ Security and janitorial (salaries and benefits associated with providing security, janitorial services). ✓ Essential facility equipment and supplies (e.g. common -use toiletries, food served in shelters, bedding, mats, cots, towels, microwave, etc.). ✓ Expendable transportation costs directly related to the transportation of eligible households (bus tokens and fuel for a shelter van). ✓ Hotel /Motel expenses for less than 90 days when no suitable shelter bed is available. • On -site and off -site management costs related to the building. • Facility specific insurance (mortgage insurance is not allowable) and accounting. • Move in costs for permanent housing including: truck rental and hiring a moving company, application fees, background check fees, credit check fees, rent/security/utility deposits and first month's rent, and costs of urinalyses for drug testing of household members if necessary/required for housing. • Other expenses as approved by Commerce. The following expenses are not eligible: 19 Direct services other than those described above. 0 Replacement or operating reserves. 9 Debt service. 19 Construction or rehabilitation of shelter facilities. 19 CHG facility support in combination with CHG funded rent and rent /utility assistance. 0 Any costs that are the responsibility of the tenant. 0 Cable television service. Allowable Expenses for Program Operations for Facility Support: ✓ Housing Stability. Includes activities for the arrangement, coordination, monitoring, and delivery of services related to meeting the housing needs of households and helping them obtain housing stability. Services and activities may include developing, securing, and coordinating services including: 2015 Coordinated Notice of Funding Availability 6 • SSI /SSDI through SSI /SSDI Outreach, Access, and Recovery (SOAR) • Affordable Care Act activities that are specifically linked to the households stability plan; • Case management activities related to accessing Work Source employment services; • Monitoring and evaluating household progress; • Assuring that households' rights are protected; and • Developing an individualized housing and service plan, including a path to permanent housing stability subsequent to assistance. ✓ Housing search and placement. Includes services or activities designed to assist households in locating, obtaining, and retaining suitable housing. Services or activities may include: tenant counseling, assisting households to understand leases, securing utilities, making moving arrangements, representative payee services concerning rent and utilities, and mediation and outreach to property owners related to locating or retaining housing. ✓ Outreach. Includes services or assistance designed to publicize the availability of programs to make persons who are homeless or almost homeless aware of these and other available services and programs. Not all households assessed will be eligible for assistance. Time spent assessing a household, whether or not deemed eligible, is an allowable expense under this activity. ✓ Data collection and entry ✓ Salaries /benefits for program staff • Office space, utilities, supplies, equipment (up to $1,000 per grant period unless approved in advance by Commerce), telephone, internet, and training /conferences /travel /per diem • General liability insurance and automobile insurance • Other costs as approved in advance by Commerce Eligible Applicants Community Development Block Grant and HOME Eligible applicant/recipients include: • City or County governments • Public and private nonprofit organizations (501(c)3) • Section 301(d) small business investment companies • Local development corporations • Private profit organizations may implement certain economic development and microenterprise activities. • Faith based organizations Additionally applicants must: • Demonstrate an active governing body or board of directors with skills and experience to provide leadership and direction to the agency. • Demonstrate the legal, financial, and programmatic ability to administer the proposed project; and, • Meet the County/City requirements for contracting agencies such as insurance requirements, audit and financial requirements. 2015 Coordinated Notice of Funding Availability 7 Affordable Housing/ Homeless Housing Grant Programs Eligible recipients of the funding from SHB 2060 shall be public housing authorities, IRS - certified non - profit agencies /providers of affordable housing, Cities, Towns, the County, Tribes, and for - profit developers. Consolidated Homeless Grant Program The Consolidated Homeless Grant Program is part of the WA Commerce's Consolidated Homeless Grant. The CHG is designed to support an integrated system of housing assistance to prevent homelessness and secure permanent housing for households who are unsheltered or in temporary housing. This grant provides resources to address the housing needs of people who are homeless or at -risk of homelessness, as described in local plans to end homelessness. Please see Washington State Commerce website for further clarification at www commerce wa.gov/ Programs/ housing /Homeless/ Pages/ ConsolidatedStateHomelessGrantProoram Funding Priorities Each grant program in the Coordinated Application has different funding priorities. Some of these priorities are based on legislated mandate, and others are derived through community input. CDBG and HOME The priorities for CDBG and HOME funds are outlined in the 2011 -2015 City of Bremerton and Kitsap County Consortium Consolidated Plan. The five priority need areas identified in the Plan are: 1. Housing 2. Non - Homeless Special Needs Housing 3. Homeless 4. Community Development 5. Economic Development The Plan provides objectives and strategies for how our community will meet the Priority Needs and will be used to guide funding allocations; all projects must meet at least one objective and strategy. The 2011 -2015 City of Bremerton and Kitsap County Consortium Consolidated Plan may be viewed at: http : / /www.ci.bremerton.wa.us /display.php ?id =790 http: / /www.kitsapgov.com /hs /block grant program /Plans.htm More information about funding priorities may also be found in the City of Bremerton /Kitsap County CDBG /HOME Policy Plan. Affordable Housing Grant Program and Homeless Housing Grant Program The Affordable Housing Grant Program and Homeless Housing Grant Program funding priorities are determined annually through a collaborative process of the Kitsap Continuum of Care Coalition and the Kitsap Housing Funders Leadership Group, and approved by the Kitsap Regional Coordinating Council. AHGP priorities are determined by type of housing allowed in the legislation. HHGP priorities must be' consistent with the Kitsap Homeless Housing Plan. The priorities proposed for approval by the KRCC Executive Board on May 27, 2014 for the 2015 Cycle are as follows: The 2015 priorities for the Affordable Housing and Homeless Housing Grant Programs consist of three aspects: 2015 Coordinated Notice of Funding Availability 8 1) Program Resources/ Innovation. Recognizing that funding sources are diminishing even as the community need is increasing, organizations must respond with programs that are maximizing access to resources and focusing on successful outcomes. Priority should be given to applications that demonstrate: • Partnering & collaboration, including specific examples with other programs and organizations • Leveraging resources, including other grant funding, community matches, or in -kind donations • Specific outcomes & metrics, and demonstrating the program's ability to meet them • Innovation, specifically how the program evolved or changed to improve outcomes, respond to best practices, or provide better service to clients 2) Balance support for existing programs AND new programs. Community investments have been ma in many existing programs and grant support for these programs is essential to their viability. Losing these valuable housing and services programs would be extremely detrimental to the community and would undermir significant past efforts to create them. At the same time, emerging needs require that new solutions be developed, which will also need to be supported by long -term community investments. The grant awards should balance the need to support existing successful programs with funding for new programs, 3) Funding Focus Areas. Listed in the chart below are funding focus areas for the eligible activities for each of the grant programs. (See chart on nextpage.) 2015 Coordinated Notice of Funding Availability 9 Homeless Housing Grant Program Affordable Housing Grant Program Limits on Can be anything in Homeless Housing Plan Legislation limits; see below for list of possibilities Priorities 2015 Funding Priorities are divided into three focus They are listed in priority order. Focus areas with bullet points areas meant to illustrate Areas the breadth of the priority, not to limit the uses. (1) Supporting building operation and The Focus Areas are all of equal priority, and are not maintenance costs of housing projects or units ranked. within housing projects eligible to receive housing trust funds, that are affordable to very low- income Prevention, including but not limited to: households with incomes at or below fifty percent • Case management & supportive services of the area median income, and that require a for prevention supplement to rent income to cover ongoing • Emergency rental assistance operating expenses; Crisis, including, but not limited to: (2) Acquisition, construction, or rehabilitation of • Case management and supportive housing projects or units within housing projects services for crisis management that are affordable to very low- income households • Emergency Shelter support, including ones with incomes at or below fifty percent of filling un -met gaps in service the area median income, including units for • Supportive services homeownership, rental units, seasonal and permanent farm worker housing units, and single Stabilization, including, but not limited to: room occupancy units; • Case management for stabilization • Rental subsidy The following allowableuses of funds are a low • Access to additional units of transitional funding priority from AHGP funds for the 2015 and permanent housing cycle: • Supportive housing and services (3) Rental assistance vouchers for housing units An additional Priority is Coordination that are affordable to very low- income households /Organization /System Efficiency. with incomes at or below fifty percent of the area This approach is meant to ensure that, as a median income, to be administered by a local community, we are balancing the goals of ending public housing authority or other local organization homelessness, addressing immediate homeless that has an existing rental assistance voucher client needs, and ensuring that there is permanent program, consistent with or similar to the United stable affordable housing available for long -term States department of housing and urban needs. Additionally, the most efficient use of these development's section 8 rental assistance voucher limited funds is ensured through coordinating and program standards; and system- enhancing activities. (4) Operating costs for emergency Case management is a key component of many shelters and licensed overnight youth shelters. homeless programs. However, Kitsap lacks an agreed -upon & consistent definition of case management. A community -wide definition (or defined levels of case management) would assist in providing more consistent levels of client service and evaluation of programs. It is recommended that this topic be addressed over the coming year. 2015 Coordinated Notice of Funding Availability 10 2015 Funds Available CDBG and HOME programs are federally funded through the Department of Housing and Urban Development. Funding levels are determined by HUD after the Federal Budget is finalized, which often occurs after the program year has begun. Kitsap County and the City of Bremerton estimate funding levels in order to start the grant application process; therefore, funding amounts shown in the table below are estimates If HUD allocates a different amount to these programs than what was estimated, actual funding awards will be increased or decreased to accommodate the discrepancy. The estimated funds below are based on 2014 allocations. The Affordable Housing Grant Program and the Homeless Housing Grant Program grant funds are considered local funds. Washington State legislation created a surcharge on certain types of documents being recorded at the Auditor's Office in each county. A portion of the funds collected is remitted to Washington State for distribution through statewide housing & homeless programs. The portion of the funds that remains in each county is used to further the goals of the legislation through local grant programs. In Kitsap, these are the Affordable Housing Grant Program and the Homeless Housing Grant Program. Funds for each grant cycle are collected in advance; therefore grant award amounts are final, unless legislative action affects the funding or eligibility. The Consolidated Homeless Grant funds are funded through the Washington State Department of Commerce. Funding amounts are determined by Commerce after the State Budget is finalized and based on community input. The amount included in the NOFA is an estimate and actual awards will be increased or decreased to accommodate any discrepancy. For 2015, the minimum grant request is $10,000. All grants will be made for one year only (no forward commitments). The following table shows an overall view of the total estimated amount of funds available in this application cycle by the application type and funding sources. Application Type . Amount of Funds Available Funding Sources Public Services and Operations $200,842 & Maintenance Bremerton / Kitsap CDBG Capital (including economic ; Bremerton / Kitsap CDBG & HOME development) $1,789,615 F ..... -- !-- - ----- - - - -- - -- - -- .... .....- -- - - - — - ._...- -- -- -- - Flexible Funding (could be any Homeless Housing Grant Program, of the above application types) $1,407,826 Affordable Housing Grant Program Consolidated Homelss Grant Total $3,398,283 All funding sources The tables on the following pages give a more detailed view by jurisdiction and funding source; showing the estimated amount of funds available as well as the proposed distribution of those funds. 2015 Coordinated Notice of Funding Availability 11 2015 Proposed Distribution of City of Bremerton CDBG Funds Estimated Funding Available for the 2015 CDBG Allocation Process Estimate of 2015 Entitlement 376,880 Tentative Program Income Available 0 Total Entitlement + PI 376,880 Reallocated Funds Prior Year 0 Total Available for Allocation 376,880 Estimated Allocation of 2015 CDBG Funds Available for 2015 Planning and Admin (20% of entitlement + PI) 75,376 Available for 2015 Public Service (15% of entitlement + 15% prior year PI) 56,532: Available for Capital Projects 200,475 Available for Down- Payment Assistance 20,000 Available for Economic Development Projects 24,497 Subtotal - Available for grant applications 301,504 Total Allocation of funds 376,880 2015 Proposed Distribution of City of Bremerton HOME Funds Estimated Funding Available for the 2015 HOME Allocation Process Prior Year Uncommitted HOME Allocation 193,416 2015 Program Income 10,000 2015 HOME Allocation - EN projected 247,252 Total HOME Allocation Available - by Source 450,668 Estimated Allocation of 2015 HOME Funds Available for 2015 Planning and Administration (10% 2014 award + 10 PI) 25,725 Available for CHDO Project (15% of 2015 award) 37,088 Available for Down- Payment Assistance 55,000: Available for any HOME Project 332,855 Subtotal - Available for grant applications 424,943 Total Allocation of Funds 450,668 2015 Coordinated Notice of Funding Availability 12 2015 Proposed Distribution of Kitsap County CDBG Funds Estimated Funding Available for the 2015 CDBG Allocation Process Estimate of 2015 Entitlement 962,072 Tentative Program Income Available 0 Total Entitlement + PI 962,072 Reallocated Funds Prior Year 0 Total Available for Allocation 962,072 Estimated Allocation of 2015 CDBG Funds Available for 2015 Planning and Admin (20% of entitlement + PI) 192,414 Available for 2015 Public Service (15% of entitlement) 144,310 Available for Capital Projects 562,813 Available for Economic Development 62,535 Subtotal - Available for Grant Applications 769,658 Total Allocation of Funds 962,072 2015 Proposed Distribution of Kitsap County HOME Funds Estimated Funding Available for the 2015 HOME Allocation Process Estimate of 2015 HOME Allocation - EN projected 588,696 Prior Year Uncommitted HOME Allocation 222,818 2015 Program Income 43 Total HOME Allocation Available 855,107 Estimated Allocation of 2015 HOME Funds City of Bremerton Set -aside 247,252 Available for 2015 Planning and Administration (10% 2015 EN + PI) 38,503 Available for CHDO Project (15% of 2015 entitlement) 51,217 Available for any HOME Project 518,135 1Subtotal - Available for Grant Applications 569,3521 Total Allocation of Funds 855,107 2015 Proposed Distribution of Affordable Housing Grant Funds Estimated Funding Available for 2014 AHGP Allocation Process 2014 AHGP - Turn -Back Funds $TBD 2014 AHGP - Funds collected July 1, 2012 - June 30, 2013 (estimated) 225,000 Total AHGP Allocation Available 225,000 Available for any AHGP Project 225,000 Total Allocation of Funds 225,000 2015 Coordinated Notice of Funding Availability 13 2015 Proposed Distribution of Homeless Housing Grant Funds Estimated Funding Available for 2014 HHGP Allocation Process 2015 HHGP - Turn -Back Funds TBD 2015 HHGP - Funds collected July 1, 2012 - June 30, 2013 (estimated) 1,100,000 Total HHGP Allocation Available 1,100,000 2015 HHGP - Coordinated Entry Contract 313,300 Available for any HHGP Project 786,700 Total Allocation of Funds 1,100,000 2015 Proposed Distribution of Consolidated Homeless Grant Funds Estimated Funding Available for 2015 CHG Allocation Process 2015 Permanent Supportive Housing Incentive Funds $82,826 Total CHG Allocation Available $82,826 Available for any CHG Project $82,826 Total Allocation of Funds $82,826 How to Access and Submit Application Online Application will be available beginning Thursday, June 6, 2013. No other method of application will be accepted. You will need a computer with internet capability in order to access the application website. The Application web address will be posted on the City, County and KRCC websites, and information will be sent to the Coordinated Grant interested parties e-mail list. Notifications will also be available to any agency or organization who signs up on the Kitsap County Block Grant web site to receive notices. To sign up go to: htty: / /www.kitsapgov.com/hs/ block grant Program /Application Cycle htm and at the top of the page click on the link to receive text or email updates. This link will take you to the Kitsap County Electronic Notification System where you can sign up. Application submission deadline is July 1, 2014 at NOON Where to Submit Applications An application is considered complete if it meets the following criteria: • The applicant has attended the mandatory technical assistance session on May 28, 2014.. • Application submitted ONLINE via FluidReview • Application submitted ON TIME (July 1, 2014 at noon) • All required application questions /sections are completed in an adequate manner. Assistance with the Application A Mandatory Technical Assistance Session will be held at on May 28, 2014, 9am in the Norm Dicks Government Center 1S Floor Meeting Chambers. One -on -One Technical Assistance may be scheduled through June 27, 2014 by contacting the staff listed in the front of this notice. 2015 Coordinated Notice of Funding Availability 14 Application Technical Assistance with the online application host, FluidReview, will be available during the application period (May 28 — July 1) through the application site. Application Review and Rating Process This is a competitive application process for limited funding, therefore, applications that meet all criteria are not guaranteed an award of funds and successful app lications may be funded for less than the amount requested Applications not meeting the requirements will be disqualified from consideration for funding and will not move any further through the process Written notice will be sent to the disqua //fed App / /cant. All applications will go through the following review and rating process. 1. Initial Eligibility Screening a. Application is complete. b. Applicant meets eligibility requirements as of the application due date. c. Project or activity is an eligible use of funds. 2. Staff Technical Review a. Organizational Financial Review — Accountants from the City/County will review for Agency financial soundness. b. Organizational Capacity — Staff will review the capacity of the agency to manage grants based on previous grant performance, board makeup, organizational structure (including staffing), organizational data, etc. c. Project Priority Review — Staff will review project goals and population served for alignment with the Funding Priorities. 3. Grant Recommendation Committee (GRC) - The committee will make funding decisions using the following process: a. Review and evaluate each application using review and scoring guides. b. Conduct interviews with each applicant; review responses using review and scoring guides. • Non - capital interviews (services, O &M, microcredit ED, CHDO operating) will be 20 minutes in length which includes 10 minute agency presentation and 10 minute question /answer. • Capital interview will be 35 minutes in length which includes 15 minute agency presentation and 20 minute question /answer. • Interview length for agencies with multiple submissions of the same type (non - capital, for example), may be shortened. c. Assign a priority ranking and recommended funding level to all projects. d. Staff matches ranking with available and appropriate funding sources. e. GRC finalizes recommendations and sends to the KRCC and the Bremerton City Council. 4. Bremerton City Council and Kitsap Regional Coordinating Council — Public hearings to consider the Grant Recommendation Committee recommendations will be held before the Bremerton City Council and the Kitsap Regional Coordinating Council. Those two Boards will make the final funding approval. 5. Approved funding recommendations which include Federal funds are send to HUD for approval in the annual Action Plan. Grant Recommendation Committee (GRC) The Grant Recommendation Committees review and recommend funding for the Coordinated Grant Application. GRC members read applications, review agency and financial capacity analyses, conduct applicant interviews, score, rank and develop funding recommendations. Recommendations are then 2015 Coordinated Notice of Funding Availability 15 presented to the Bremerton City Council and Kitsap Regional Coordinating Council, which make final funding decisions. GRC volunteers are selected based on their knowledge of the community's needs and willingness to donate their time to GRC activies. GRC members must demonstrate the specific skills, qualifications and background needed to evaluate applications and recommend funding, such as: Affordable housing Grant writing or grant management experience Architechture and planning Homeless programs Compliance monitoring Housing development Practical experience with HUD Mortgage lending Construction project management Non- profit community service provider experience Economic development Project management experience Finance and accounting Real estate 2015 Grant Recommendation Committee Makeup There are two Grant Recommendation Committees: "Services ", and "Capital ". Each committee has eight members, and members are appointed annually. Within each committee, members are assigned to a team to review and rate a subset of the grant applications submitted. Each application is reviewed by a minimum of 4 GRC members. Each application is assigned a lead GRC member, and the lead provides additional information to the GRC members who did not review the project. All GRC members take part in the Applicant interviews. GRC positions are filled by appointment. The Mayor of the City of Bremerton appoints two members to each committee, Kitsap County Commissioners appoint three members to each committee, and the cities of Bainbridge, Port Orchard and Poulsbo appoint one member each to each committee. HUD Income Limits Median Family Income (MFI) is determined periodically by the Department of Housing and Urban Development (HUD) on the basis of state and local earnings data and is published for cities and counties. The Median Family Income for the Bremerton - Silverdale MSA effective December, 2012 is $74,000 for a four - person household. HUD updates income limits annually each December. The most up -to -date income limits will apply to all CDBG and HOME funded projects. They may be found at www.huduser.ora Median Family Income Bremerton - Silverdale MSA; Effective December, 2013 NUMBER IN EXTREMELY VERY LOW LOW INCOME HOUSEHOLD LOW INCOME INCOME (31% (51% - 80% (BELOW 30% - 50% MFI *) MFI *) MFI *) 1 $15,500 $25,900 $41,450 2 $17,800 $29,600 $47,400 3 $20,000 $33,300 $53,300 4 $22,200 $37,000 $59,200 5 $24,000 $40,000 $63,950 6 $25,800 $42,950 $68,700 7 $27,550 $45,900 $73,450 8 $29,350 $48,850 $78,150 *MFI = Median Family Income is determined periodically by the Department of Housing and Urban Development (HUD) on the basis 2015 Coordinated Notice of Funding Availability 16 of state and local earnings data and is published for cities and counties. These figures represent percentages of MFI for Bremerton — Silverdale Metropolitan Statistical Area (MSA) published by HUD December, 2013. If Your Agency is Awarded Funds If your project /program is awarded funding, you will need to understand and follow the regulatory requirements associated with each of the funding sources. Please refer to the following documents for guidance: • Bremerton / Kitsap County CDBG /HOME Policy Plan ( http// www. ci .bremerton.wa.us /disl2lay.php ?id =864 • Bremerton / Kitsap County CDBG /HOME Guidebook (http://www.kitsapgov.com/hs/block—grant—Program/Guidebook.htm) • AHGP, HHGP and CHG Policy Plans ( http: / /www.kitsapregionalcouncil.org /housing cga.php Things you should know: 1. CDBG and HOME funds are Federal funds. Use of Federal funds may affect the way your agency does business. • If you are applying for Federal funds for the first time, you are strongly encouraged to meet with Block Grant staff to discuss Federal regulations. • In addition to the rules and requirements of HOME and CDBG, there are several additional broad Federal rules that must be followed including rules surrounding non - discrimination and equal access, employment, contracting and procurement, environmental requirements, record keeping and financial controls. 2. Contracting • Your agency will be required to enter into a contract with the jurisdiction providing the funding, either the City of Bremerton, Kitsap County or Kitsap Regional Coordinating Council. • The City of Bremerton and Kitsap county manage their CDBG and HOME contracts separately. However, for both jurisdictions, the following applies: • Public Service contracts may begin incurring costs at the start of the contract year. • Capital contracts must receive a notice to proceed before costs can be incurred. • Contracts for federal funds operate on a reimbursement basis. • The Kitsap Regional Coordinating Council (KRCC) manages the grant contracts for awards from the Affordable Housing Grant Program and the Homeless Housing Grant Program, in partnership with the Kitsap County Auditor's Office. • The Auditor's Office uses information provided by the KRCC Grant Program Manager to issue contracts to grantees. • The KRCC Grant Program Manager monitors grantees and approves reimbursement requests. • The program year begins January 1, 2015. o NOTE: If you are a recipient of federal funds you may not receive a contract until mid -year, based on when the federal budget is approved and when the City /County receive a contract from HUD. Depending on your project, your contract term may coincide with the program year start date. 3. Reporting Requirements • Quarterly Reports It is your responsibility to submit quarterly performance and demographics reports, beginning January 1, 2015. Reports are to be submitted to each funding agency you are under contract with. • HMIS Reporting Homeless projects /programs will be required to report in the Homeless Management and Information System (HMIS) system in addition to any other required quarterly reports. For further information about HMIS, please consult the HHGP Policy Plan. 2015 Coordinated Notice of Funding Availability 17 AGENDA BILL 7A CITY OF BREMERTON CITY COUNCIL ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ • ■ ■ ■ ■ ■ t ■ ■ ■ ■ ■ ■ ■ e ■ ■ ■ ■ ■ s ■ ■ ■ ■ ■ s ■ ■ ■ ■ ■ 3 SUBJECT: Contract award for design of Study Session Date: May 14, 2014 the Washington Avenue Sidewalk COUNCIL MEETING Date: May 21, 2014 Connector Department: PW & U Presenter: Chal Martin Phone: 360.473.5758 SUMMARY: The City received funding from the Washington State Department of Transportation (WSDOT) to make bicycle and pedestrian improvements on Washington Avenue from 5th Street to the Manette Bridge. This project is to be combined with the current effort to retire the existing sanitary beach main between the marina and Evergreen Park. The project includes revising the current roadway section to include 5 -foot bike lanes, wider sidewalks, landscaping, street lighting, stormwater and water main improvements, along with the sanitary component installing grinder pumps for the existing dwellings, a new sanitary main in Washington Avenue, and retire the existing sanitary beach main and Pump Station #3. The City selected Parametrix as the designer due to that company's familiarity and design experience for the portion of the sanitary project from the Manette Bridge north to Evergreen Park. ATTACHMENTS: 1) Agreement; 2) Scope of Work; 3) Budget FISCAL IMPACTS (Include Budgeted Amount): There is no match requirement for the street portion of the work. The wastewater utility will be reimbursing for its portion of the work. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda N General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consultant Contract with Parametrix, Inc. for the design of the Washington Avenue Sidewalk Connector in the amount not -to- exceed $320,963 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 PROFESSIONAL SERVICES AGREEMENT Washington Avenue Community Boulevard Project #XXXX The City of Bremerton ( "City ") and Parametrix, Inc. ( "Consultant "), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated May 6, 2014, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. II1. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed Three Hundred and Twenty Thousand, Nine Hundred and Sixty Three ($320,963.00) dollars. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Parametrix, Inc. Washington Avenue Community Boulevard Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub - Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Consultant's performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 42.24.115 Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY Bremerton/Parametrix, Inc. Washington Avenue Community Boulevard Page 2 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub - consultants or sub - Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence /claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims- made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, Bremerton/Parametrix, Inc. Washington Avenue Community Boulevard Page 3 of 7 345 6`" Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Vll. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub - consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Bremerton/Parametrix, Inc. Washington Avenue Community Boulevard Page 4 of 7 Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Public Works and Utilities Parametrix, Inc. Engineering Division 4660 Kitsap Way, Suite A 3027 Olympus Drive Bremerton, WA 98312 Bremerton, WA 98310 I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non - Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. Bremerton/Parametrix, Inc. Washington Avenue Community Boulevard Page 5 of 7 VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non - performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delis: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant Bremerton/Parametrix, Inc. Washington Avenue Community Boulevard Page 6 of 7 agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT By: By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R•\ Legal `•Legal`•.Contracts`•.FOKMS \Professional Services Agreement Form (2012).doc Bremerton/Parametrix, Inc. Washington Avenue Community Boulevard Page 7 of 7 EXHIBIT A — SCOPE OF WORK City of Bremerton Washington Avenue Community Boulevard Engineering Services INTRODUCTION The Washington Avenue Community Boulevard project consists of roadway, non - motorized transportation, sanitary sewer, water, and stormwater improvements on Washington Avenue between 5th Street and the Manette Bridge. Main elements of the work consist of: • Abandonment of the beach main between Lift Stations CE3 and CE4 and provision of a gravity sewer in Washington Avenue as a replacement. This work will require the installation of grinder pumps at properties located on the bluff adjacent to Washington Avenue. The building at CE3 will be removed, and the remaining caisson will be converted to an at -grade viewing platform. • Reconstruction of Washington Avenue between 5th Street and the Manette Bridge to include non- motorized improvements such as ADA accessible sidewalks and bicycle lanes. The reconstruction will also incorporate reducing the current roadway from two lanes in each direction to fewer lanes and enhanced pedestrian and bicycle facilities, pursuant to information developed in an alternatives analysis, public input, the vision of the Downtown Regional Center Subarea Plan, the requirements of the grant, and approval by the Bremerton City Council. • The feasibility of replacing the signalized intersection at the Manette Bridge with a roundabout will be evaluated during preliminary work. This work will be taken to the approximate 30% design level for this scope of work. If selected as a preferred alternative, final roundabout design will be completed during a future project. • Development of a former brownfield (known as the Former Chevron Property) located at the end of Highland Avenue to be fully incorporated into Evergreen Park. This work will include abandonment of Highland Avenue at that location and the development of landscaping, pedestrian paths, and lighting. Permitting for the project is currently being performed under separate contract. This scope of work for Engineering Services consists of the following Tasks: Phase 1 — Project Management and Meetings Objective Obtain project data; monitor and manage scope, schedule, and budget; and periodically meet with the City and other members of the design team to review project status. Activities The following activities are associated with this task: • Prepare a detailed schedule showing all major tasks, meetings, and review milestones. Cite of Bremerton 234-1896-870 Washington Avenue Conununm Boulevard l Ma 6, 2014 Scope of Work • Schedule, prepare for, attend, and document up to five project meetings that will include the Consultant and City staff. In addition, we anticipate attending up to two public meetings and up to two meetings with Kitsap Transit staff and/or staff representing affected utilities. • Manage and direct the project technical team. • Provide routine project management and communications (scope, schedule, budget, invoicing, etc.). • Prepare detailed monthly progress reports and progress billings and submit to the City for approval and payment. The monthly report will include: y A narrative of the work performed and the tasks to be performed in the next reporting period and, if necessary, explanation of delays, problems, responsive action requirements by the Consultant and the City, and other project needs. Deliverables The following deliverables will be prepared: • Routine correspondence including monthly progress reports. • Meeting agendas and notes. Assumptions The following assumptions apply to this task: • Design deliverables review meetings will be attended by appropriate Parametrix staff. • Up to two Parametrix staff will attend the public meetings. • Project duration will be 20 months (May 2014 through December 2015). Phase 2 — Supplemental Permitting Objective To perform supplemental studies as part of the project's environmental review under SEPA. The supplemental studies will consist of a preliminary analysis to evaluate up to three alternative lane configurations for the road diet. As mentioned previously, project permitting is being performed under a separate contract. The permitting work described here will supplement and be incorporated into the ongoing permitting work. Approach The following activities will be performed: • Perform a preliminary alternatives analysis to evaluate up to three alternative lane configurations for the road diet. The purpose of this work is to select a preferred configuration that that best enhances pedestrian and bicycle facilities while meeting acceptable levels of service for the affected roadway and intersections. A preferred alternative will be selected prior to moving forward with the intersection LOS studies. Crt.i of Bremerton 234- 1896 -870 Washington Avenue Community Boulevard 2 Ma_v 6, 2014 .Scope of Work Deliverables The following deliverables are associated with this task: • Schematic figures and brief technical memorandum describing results of lane configuration alternatives analysis. Assumptions The following assumptions are associated with this task: • Up to three alternative lane configurations will be evaluated. Phase 3 — Traffic Study Objective Assist the City with evaluating non - motorized improvements, including a road -diet, on Washington Avenue. The purpose of this project is to enhance non - motorized mobility and safety while balancing other corridor demands, such as utilities and vehicular traffic. The work will include signal warrant analyses at the intersections of Washington Avenue and 6th Street and Washington Avenue and Manette Bridge. The feasibility of converting the existing signalized intersection at the Manette Bridge to a roundabout will also be studied. Level of service (LOS) evaluations of both roundabout and signalized intersection concepts will be performed to aid the feasibility study. Approach The following activities will be performed: • Coordinate with the City to develop a methodology for analysis of traffic flow through the project area, which includes traffic volume growth rates, future analysis year, and Synchro and SimTraffic model assumptions (peak hour factor, signal timings, other). • Refine the existing roundabout and signalized intersection concepts developed during preliminary work in coordination with the City • Retain a subconsultant (All Traffic Data) to perform the traffic counts. • Perform signal warrant analyses in accordance with the latest MUTCD manual. • Prepare a timing package to optimize the 6th Street and Manette Bridge signals • Perform traffic counts for the Traffic Study (All Traffic Data). Deliverables The following deliverables are associated with this task: • Technical memorandum describing the results of the signal warrant studies, LOS studies and providing a comparison of the relative performance of each intersection option, as well as recommendations for a preferred option. • Poster -sized graphics for the public meetings. • Timing package for optimizing the 6th Street and Manette Bridge signals. Citr oJ'Bremerton 234 -1896 -870 Washington Avenue Community Boulevard 3 Mav 6. 2014 Scope of Work Assumptions The following assumptions are associated with this task: • 24 -hr tube counts will be collected on the approach legs of the two intersections for a total of three consecutive calendar days during the mid -week. Turning movement counts, pedestrian, and bicycle counts will be taken for a single day AM (6:00 -9:00 AM), mid -day (11:00 AM- 2:OOPM), and PM (3:00 -6:00 PM). • Synchro and SimTraffic Version 8.0 software will be used to analyze intersection LOS and develop travel time changes. The analysis period is 1 -hour during the AM (Synchro only) and PM Peaks. Sidra will be used to analyze the roundabout. • Parametrix will develop the Synchro /SimTraffic models for the study area for the Existing Condition (2014), Anticipated Opening Year (2015), and Future Year 2035. The operational analysis results will be reported for the average weekday PM peak hour conditions. These will include average intersection delay /level -of- service and queue lengths. The City will provide the traffic growth rate. • Up to three poster boards will be developed using Adobe products and delivered as PDFs or JPGs. Phase 4 — Preliminary Design (30 %) Objective Prepare preliminary (30 %) engineering plans and estimated costs for the roadway, utilities, and park project elements. Approach The following activities will be performed: • Coordinate design with the internal and external project team. This will consist of a design development meeting with City staff to determine the scope for design in each project area, traffic control during construction, coordination procedures, and schedule. • Prepare a base map for the project by incorporating existing base map elements and adding required elements such as property boundary lines and other identified features required for design. Supplemental survey will be performed under Task 8 as described below. • Evaluate the gravity sewer capacity needs along Washington Avenue, with the assumption that LS CE3 is abandoned and residents along Washington Avenue will be served by new grinder pump stations. The evaluation will consider existing development conditions as well as full build -out conditions, including the proposed multi -unit residential developments on Washington Avenue. . • Coordinate with City staff on key design issues, such as location of existing utilities, traffic control, and sequence of construction. • Prepare preliminary (30 %) engineering plans for the roadway, utilities, and park improvements. • Prepare a 30% cost estimate. Deliverables The following deliverables are associated with this task: Cth' of Bremerton 234 -1896 -870 Washington Avenue Comm�onry Boulevard 4 May 6. 2014 .Srnpe of Work • The proposed plan sheets to be delivered for these tasks are listed in the budget spreadsheet in Exhibit C. A summary of the proposed number of sheets is provided as follows: y Roadway (including drainage): 11 Sheets Water and Sewer: 10 sheets > Park: 5 sheets > Total 30% Sheets: 26 sheets • 30% cost estimate. Assumptions The following assumptions are associated with this task: • Potholing to determine existing pavement thicknesses and/or locations of existing underground utilities will be performed by the City. • An assessment of existing storm sewer facilities will be performed for the roadway and new storm sewers will be installed and/or replaced as appropriate within the limits of the new roadway. • The existing water main on the eastern side of Washington Avenue will be replaced within the limits of the new roadway. • Paving and utilities sheets will be prepared in plan and profile format at a scale of 1 inch = 20 feet. • It is anticipated that a portion of the roadway may be overlaid instead of rebuilt completely. This will be evaluated during the early stages of design. • Vertical profile adjustment, if required, will be minimal. • Cost estimates will be based on a combination of historical information on recent similar local projects, recent WSDOT bid tabs, and a more detailed analysis for the major components. Phase 5 — Final Design (60%,90%, 100% and Bid Set Plans, Specifications and Estimates) Objective Prepare 60 %, 90 %, 100 %, and Bid Set plans, specifications, and cost estimates for the roadway, utilities, and park improvements. Activities The following activities would be performed as part of this task: • Prepare engineering plans for the roadway, utilities, and park improvements that show plan and profile, typical sections, cuts and fills, streetscape features, alignment, drainage facilities, and other utilities. Plan sheets will contain plans and profile at a scale of 1 inch = 20 feet. • Prepare a cost estimate at each deliverable stage. • Prepare special provisions at each deliverable stage. • Prepare contract documents for the 90 %, 100 %, and Bid Set deliverables packages. Or% of Bremerton 234- 1896 -870 Washington Avenue Community Boulevard 5 Mav 6, 2014 Scope of Work • Prepare an anticipated construction schedule for the 60% deliverable. • Prepare a Drainage Report. • Provide assistance during bidding including preparation of amendments • Perform geotechnical studies (Shannon & Wilson) to assess slope stability and assist in siting grinder pumps at properties located on the bluff adjacent to Washington Avenue. Also perform geotechnical studies to support roadway design. Deliverables The following deliverables are associated with this task: • The proposed plan sheets to be delivered for this task are listed in the budget spreadsheet in Exhibit C. A summary of the total number of sheets is provided as follows: > Roadway and Drainage: 32 sheets y Water and Sewer: 13 sheets Park: 14 sheets Total Sheets: 59 sheets • 60%, 90%, 100 %, and Bid Set cost estimates. • 90 %, 100 %, and Bid Set contract documents. • 60% anticipated construction schedule. • One hard copy and one PDF set of all plans (on 11 "x 17 "), special provisions, and cost estimates at each design stage. • AutoCAD and PDF files of all drawings and documents provided on CD -ROM. • Two hard copies of Bid Set Plans on full -sized sheets (sealed by Washington P.E.), special provisions, and contract documents. • Bid Set amendments as required. • Geotechnical report(s). Assumptions The following assumptions are associated with this task: • No right -of -way (ROW) plans for ROW acquisition and/or easement exhibits will be required. • City will lead efforts to obtain rights -of -entry to private properties for sanitary sewer work. • Work for the beach main will consist of abandoning the beach main in place. • Special provisions and all drawings will follow WSDOT format. • No free standing retaining walls will be required for the roadway design. • The City will provide the legal documents section of the contract documents in Word format. • No fundamental design changes will be made at 90 %. Cu) of Bremerton 234 -1896 -870 Washington Avenue Comuu airy Boulevard 6 Mav 6, 2014 Scope of Work • Conformed Set documents will be prepared under a future task • The full scope of the geotechnical services needed has not been determined and will be refined during design. The total budgeted amount for geotechnical services ($20,000) is an estimate. Phase 6 — Preliminary (30 %) Roundabout Design Objective Prepare a preliminary layout of the roundabout design. This will allow the team to see the impacts and modify the layout as needed to best fit the available ROW, reduce impacts to the surrounding properties, and still meet the project goals. Activities The following activities will be performed: • Refine design concept prior to 30% submittal to identify the limits of supplemental survey required to complete the design. • After receipt of supplemental survey, define the preliminary horizontal and vertical alignment, cross section, and catch slopes of the project work. • Prepare Autoturn exhibits for the design vehicles to ensure maneuverability. • Prepare preliminary plans, including landscaping plan. • Prepare preliminary construction cost estimate. Deliverables The following deliverables are associated with this task: • The proposed plan sheets (three) to be delivered for this task are listed in the budget spreadsheet in Exhibit C. • 30% cost estimate. Assumptions The following assumptions are associated with this task: • Project design vehicles are WB50 and BUS40. Phase 7 — Supplemental Survey Objective Provide supplemental survey to complete the existing base map as needed for design. Activities The following activities may be associated with this task: • Add ROW and property boundary lines to base map. Ciq of Bremerton 234 -1896 -870 Washington Avenue Community Boulevard 7 Ma_v 6, '014 Scope of Work • Expand mapping to include roundabout area. • Map signal arm lengths and head locations. • Other tasks identified during design. Deliverables The following deliverables will be prepared: • Final base map. Assumptions The following assumptions apply to this task: • An estimated budget of $10,000 is provided under this task as shown in Exhibit C — Budget Task 8. • Work under this task will require prior written authorization from the City. Phase 8 — Directed Services Objective Provide additional technical services as requested and authorized in writing by the City. Activities The following activities may be associated with this task: • As requested by the City. Deliverables The following deliverables will be prepared: • As requested by the City. Assumptions The following assumptions apply to this task: • Work under this task will require prior written authorization from the City. Ciry of Bremerton 234 -1896 -870 Washington Avenue Community Boulevard 8 May 6, 2014 Scope of Work EXHIBIT B - SCHEDULE Work Element Completed By Notice to Proceed May 22, 2014 Traffic Study (6 weeks) July 3, 2014 30% Roadway, Park, and Roundabout (2 weeks) July 17, 2014 60% PS &E (6 weeks) August 28, 2014 90% PS &E (6 weeks) October 9, 2014 100% PS &E (6 weeks) November 20, 2014 Bid Set PS &E (5 weeks) December 29, 2014 Advertise for Bid December 31, 2014 Construction March — September 2015 Project Closeout December 31, 2015 NOTE: The assumed turnaround time for City review of deliverables is 1 week. On of Bremerton 234 -1896 -870 Washington Avenue Community Boulevard 9 Mtrv_ 6, 2014 Scope of Work PARAMETRM EXHIBIT C - BUDGET 51612014 Project: Washington Avenue Community Bouf,,,,d Phase 02 Engineering SaMcd, Client City of Bremerton 171 •0 21 2 1� 12M ei VVI i vsy ' 2 T-1—T- 21 Ti 2? ;2- MKSHEe I ci U7 1331111, E , --a 10 11 -C.E.— • swan E. a 14 6H F-r �MY SE_ I 1 2' S21a, - d 3tp 2� 11 Page 1 PARAMETRIX EXHIBIT C -BUDGET 5/612014 Project: W,,hi,gt,n Avenue Community Boulevard Phase 02 Engineering Services Client city of Bremerton '349. 1 1. .... .. u II nlw l W. ev" I.. 1 1. "n, - 4 — I - - - P� in— R _6 2 •n IF 12 ur. $2332 2 4 2. - - u :6: rwesxul I-L - 1: iu 2 1., w` x• I 1 -5 1 11 1 I 2 R. - ----- ZI 2. lien 16 S_. uflls T E— pl. 2 2 1�1 Page 2 PARAMETRIX EXHIBIT C - BUDGET 51612014 PrOJOCt- W-hi,own Avenue Community B-1—nd Ph— 02 Engineering SerW Client. city of Bremerton p— COST 6 sssm U. ss i., P ZeL 91 Ne 171 no p 11 Ren -E— Ix D $-I E E �E E E 01 p T1— n z $52. �"eaw9p . 01010�. ----------------------------- --- T.— 111F.11111 P Page 3 From: Lori Smith on behalf of City Council Sent: Monday, May 19, 2014 9:53 AM To: 'timandolivia @comcast.net' Cc: City Council; Patty Lent; Chal Martin; Thomas Knuckey Subject: RE: Citizen Comments - Washington Avenue Traffic Revision (Tim McCarthy) Mr. McCarthy, I am acknowledging receipt of your letter, which I have forwarded to the Council Members, Mayor Lent, City Engineer, and the City's Public Works Director for their review and consideration. Thank you for contacting the City. It is appreciated that you took the time to share your comments. Lory SWLWV Legislative Assistant Bremerton City Council (360) 473 -5280 From: timandoliviaCbcomcast. net [ ma ilto :timandoliviacdcomcast. net ] Sent: Saturday, May 17, 2014 10:13 AM To: City Council Subject: Washington traffic revision This is a good opportunity to comment on the proposed traffic revision being planned for Washington Ave. The Harborside and the 400 condominiums are high density housing for Bremerton. Since the mortgage melt down beginning in late 2007, property values have plummeted up to 60 %. Additional consequences of this recession have been the creation of "dead buildings" where more than half of the residents are renters. The 400 fits this category; the consequence is no seller can find a buyer who can obtain a mortgage. There have been many short sales and a few reduced -price cash sales. Therefore, these residences have become revolving doors and moving vans are parked out front every week for extended periods of time. The side street on 4th between the two complexes is too short, steep and narrow to accommodate a moving van. A loading zone with only one lane will cause traffic problems for visitors to the area, delivery trucks and essential services. Actually, no loading zone is marked which is a problem, but to date the city has not objected or ticketed businesses that use the far lane for loading. Hopefully, any traffic revision will not alter the current practice. Thanks for your consideration. Tim McCarthy Owner Unit 408 400 Washington Ave. Bremerton 5/21/2 B Bremerton Public Works Department � City of Bremerton Vision Becoming Reality: m Washington Avenue � Bridge to Bridge Urban Trail � "" Bike /Pedestrian Improvements °a _ Consultant Contract: Options and Design • 3.5 -mile Urban Bicycle _ and Pedestrian Trail ¢ �� —� Res�denCial areas aL� C r ,vr � '`,•� � � _ � � - ;.n'��? Green is completed •% �. ��> Lower Wheaton Way is � ��• • This segment of Washington is circled B � Washington Avenue Washington Avenue Issues � Concerns to be Addressed T • Key Lnk in bridge -tobridge II \ Bus $top Lot.atl0n($) � . - • Sidewalk too narrow for a busy � � � � w � �� urban seams � � b Rush "hour" –how much I s ..��' '• delay, rf any, is acceptable '' h '''� - • for bikes 1� 1 •..� —r � +t foi Improved pedestrian/ �-,�a r,;� ,1��, / ma y • Vehicles uncomfortably close to , j' bicycle aCCesS? �� 1 ` r� _� �: / ,J' --� pedestrians t • �' 1 "` i ' � Where will the movin '1 k L� • Taffic counts don't indicate g l � � nvo travel lanes but nice to trucks /service trucks park? � have when Shipyard lets out — • Grant: 51.7 million for bicycle — i' Bike lane COnfigu ration for pedestrian improvements I turn$ / straight thrOUgh B Washington Avenue � Washington Avenue ° Concepts B Draft Option 1 WENEPt� l �Ml RtJ�n' • Draft Option #1: — Single lane northbound and southbound _ � �4? Y • Draft Option #2: ' �` ,�, \ b . – Two lanes northbound; single lane southbound -- ' - _ • Draft Option #3: �j - - i – Modifiet9 couplet 5/21/2 � Washington A lenue Washington Avenue B Trial Run, Draft Option 1 B Draft Option 2 fl1lN[ncru B�ilOr+ I • Apnl21 -24 I • Two northbound lanes • Conducted over three , One southbound afternoon "rush hours" rrr I • Maximum delay: m �_• ut��\ I`; ` concerns Y�Q ;�....,,.., Can work OK for bikes — lO minutes7uesda f irr• ' y AM = ,—,, Te with sharrows, although — 8 minutes Wednesday �`-i ' i`; i �'. � not ideal • Temporary configuration p I � ' ��—_ Could be later modified was clunky; signals were �� -fig 16:) 5 :5.3 for roundabout not coordinated � Washington Avl nue � Washington Avenue B Draft Option 3 B Issue before the Council tonight: dQf.N[,,.'JN 64fMEf{Jry • Modified "couplet" I • Addresses rush hour concerns • Enables full A consultant design contract to analyze options and econfiguration of prepare the project of package sidewalks and bike lanes • Traffic coming off of bridge will have to go to llr'', then south via Pacific or Park • Could be later modified for roundabout Washingt Av Inue B I Questions i U From: Lori Smith on behalf of City Council Sent: Monday, April 14, 2014 10:12 AM To: City Council Subject: FW: April 21 to 24 - Test Run of Washington Avenue Attachments: 140403 Washington Avenue Test Run Presentation.pptx; Traffic Flow Northbound Washington Avenue from 6th to Manette Bridge - typed notes.docx Attn: Council Members (Please also note that printed copies of the attached documents are available in the Council's Route Box at the office...) Thanks, Lori From: Chal Martin Sent: Monday, April 14, 2014 7:39 AM To: City Council; Patty Lent; PW Managers; Tom Cressman; Wyn Birkenthal; Andrea Spencer; Elaine Valencia; Jeff Elevado; Steffani Lillie ( steffanilOKitsapTransit.com ); PW Supervisors; iohnc(dkitsaptransit.com Tom Wolfe; Steven Strachan; Al Duke; Roger Lubovich; Jeannie Vaughn; Cathy Johnson Subject: FW: Washington Avenue Test Run April 21 -24 Ladies and Gentlemen, I wanted to remind everyone again about the test run we are planning for Washington Avenue next week beginning in the afternoon Monday. April 21 and continuing through mid - morning Thursday, April 24 The email to Rick Tift below includes a short presentation and also a link to our web page with additional information. Please keep in mind that this test should present the worst possible case, as the cones and traffic control devices will more closely resemble a work zone, not the finished project. And there are other geometric improvements and signalization improvements that will be part of the final project which we cannot duplicate in this test. But we should be able to obtain some very good information to inform our path forward. Chal Chal A. Martin, P.E. Director, Public Works and Utilities Department City of Bremerton (360) 473 -5758 / (360) 473 -5018 Fax chal.martin @ci.bremerton.wa.us From: Chal Martin Sent: Friday, April 04, 2014 5:19 PM To: 'Tiff, Richard L CIV PSNS /IMF, Code 1100' Cc: Milenka Hawkins -Bates Subject: Washington Avenue Test Run April 21 -24 Rick, attached is the information regarding the test run. This is a great project that will complete the last Nonmotorized link between the downtown and the bridge. This little stretch of road gets a lot of commuters and shipyard workers 1 who walk or bike. Modeling shows a 2 -3 minute delay for outgoing traffic p.m. peak. That makes sense because most traffic is already in the right lane, and turns right to go across the bridge. With just one lane, those cars that were going straight before will have to wait their turn. I suspect that in the end, more of those folks will simply take Pacific'or Park to go northbound, where there is plenty of capacity. Also, I have attached my notes showing how the traffic works now, with the ferry getting in at 4:00 and the Shipyard traffic hitting Washington at about 4:10. It works well, and will continue to. Also more info on the web page, including the traffic modeling. Chal http: / /www.ci .bremerton.wa.us /display.php ?id =1211 Chal A. Martin, P.E. Director, Public Works and Utilities Department City of Bremerton (360) 473 -5758 / (360) 473 -5018 Fax chal.martin @ci.bremerton.wa.us z t e . It O o •� W �. �i .� �� `•��- iii .o- -� '.. � Q � W ' i m _ ' UJ ' /. / I (�`(�`• I •� `� '' I `y _'�'�� 't ,'� 1, •... I � I / r � Washington Avenue Trial Run Monday, April 21St — Thursday, April 24tH • Test the concept: single travel lanes on Washington Avenue, between 4t" Street and the Bridge • Completed project will accommodate cars /busses / trucks as well as pedestrians and bicycles safely • Modeling shows traffic delay of a few minutes for p.m. traffic rush interval • We need your help! If you use Washington Avenue now for your p.m. commute, please continue through this test period City of Bremerton Vision Becoming Reality: B1 Bri • t Bri • Ur c ITY i ' '• • Filah� �'� l {' . - r°enee r.tk a Lrl. ) p.� � N7rren Are Mdp - j I�verm /r/ e B icycl e To Lions Park Q] / � ; • I � "� � - + � East Park and 1 • Ped estri a n Tr (`j East Park 0 Connects o Nature Area � r I 0d 0 WAr.+ta+ Wq ner •'�' �� P m �_ Businesses, • • � Q ° L Residential areas Gr ee n c omp l e t ed MAa.tW lm.er RVro �'I+t. • � � 4 "'111111 h iY Washington Avenue improvement is blue T L Whe 1 whc.mn +Per Y We.M+■ton Awe )firth d Me+v++e �+7dt 61� Stmt \ t I I o r a n g e �■°"� � Br� rton Port Washington Trail jzzz 2. Trail Master Plan Traffic Flow Northbound Washington Avenue from 6 th to Manette Bridge Traffic Observation and Notes Taken by Bremerton Public Works Director Chal Martin 3:43pm — 4:23pm Monday, June 10, 2013 (2 " observation conducted Wednesday, November 6, 2013 —there was less traffic on that day) 3:43pm Steady traffic, no backups 3:45pm Less traffic, no problems 4:07pm Still busy but traffic moving steadily, 3:47pm Ferry appears around point, no problems mostly right lane. 3:49pm No Problems 4:09pm No Problems, traffic building but signals 3:51pm No Problems Several bikers handling. About 30% of traffic is straight through. 3:53pm No Problems and walkers. 4:11pm No problems, somewhat longer queue southbound to 3:55pm No Problems Most traffic eastbound. 3:57pm No Problems Northbound 4:13pm 1 worker /driver bus at 6 Traffic both lanes. Most traffic 3:59pm No Problems Washington Ave. going to bridge. 4:01pm No Problems 4:16pm Traffic waiting past 6 almost all in right lane to turn onto 4:02pm Ferry traffic begins, 3 KT Transit Buses bridge. 4:03pm North of 6 significant traffic increase, 4:18pm School bus turned onto northbound Washington from 6th Intersections clear in a single cycle. went straight through. 5 more buses. Bus stop on Wash. Ave. 4:20pm Traffic not quite to 6 mostly right lane 4:05pm Continuous stream, both lanes busy. 4:23pm Break in traffic — Rush hour over. 7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Award for Pool Study Session Date: 5/14/2014 Upgrades at the Jarstad Aquatic Center to COUNCIL MEETING Date: 5/21/2014 D.P. Wain Construction, Inc. Department: Parks and Recreation Presenter: Jeff Elevado Phone: 473 -5752 SUMMARY: As part of the YMCA Concession & Management Agreement with the YMCA of Kitsap and Pierce Counties to operate the city -owned Glenn Jarstad Aquatic Center, the City is obligated to fund previously identified one time Capital Improvements. The Pool Filtration System Upgrade project is the last of these obligations. Sealed bids for the Jarstad Aquatic Center Pool Upgrades were opened on May 19, 2014. The estimate for this project is $400,000. Three (3) bids were received for this project. D.P. Wain Construction, Inc. was the lowest responsive, responsible bidder with a bid of $498,947.00 (including sales tax). The contract includes work the City is responsible for as well as additional improvements the YMCA will be making at their expense. The City's portion of the contract is $250,000. ATTACHMENTS: 1) Bid Tabulation; 2) Contract; and 3) Memorandum of Agreement FISCAL IMPACTS (Include Budgeted Amount): Funds are available in the Parks Facilities Construction Fund and is identified in the Capital Improvement Program for 2014. Budget Amount: $250,000 STUDY SESSION AGENDA: ❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award a contract in the amount of $498,947.00 (including sales tax) with D.P. Wain Construction, Inc. for the Pool Upgrades at the Jarstad Aquatic Center, approve the proposed Memorandum of Agreement between the City and YMCA for project management, and authorize the Mayor to finalize and execute the necessary documents for construction. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Forth Updated 01/25/13 CITY OF BREMERTON BID TABULATION BID Bremerton Family YMCA Pool Upgrades - REBID OPENED Jeff Elevad-n- TITLE: BY: DATE 05/19/14 TIME 3:00 PM RECORDED Shannon Corin OPENED: OPENED; BY: NAME OF BIDDER BOND BASE BID J 77 0 1,04c/sty IA16 1 ,5/7 WD et) — - - - ----- - ---------- -- . .. . ....... . . ....... . ... ..... . ................. . . ......................... . . ...... SUMMARY ENGINEER'S ESTIMATE $ — PA — RE N - T - ' - LbW BIDDER SECOND LOW BIDDER ca t,6 $ 51 7 - -.- THIRD LOW BIDDER o a S17. AIA Document A101 - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the twenty-first day of May in the year Two Thousa>A Fourteen BETWEEN the Owner: ADDITIONS AND D ELET IO NOt The author of this document ham added information City of Bremerton Der i ed for its completion. Owner the author may also have 345 - 6` Street, Suite 600 revised the text of the original AIA standard form. Bremerton, WA 98337 An additions and Deletions Report that notes added and the Contractor: in ormation as well as recisions te the standard fo— texL -is available from D.P. Wain Construction, Inc. -the author and should be P.O. Box 3771 reviewed. Silverdale, WA 98383 This document has important Phone -360 698 -5917 legal consequences,. Consultation with an attorney is encour ged with for the following Project: respect to its Com*letion or modification. Jarstad Aquatic Center Pool Upgrades "AIA Document. A2olm -2007, The contract includes demo, general trades, mechanical, and electrical work for a General Conditions of the new whirlpool and main pool mechanical improvements at the Jarstad Aquatic Contract for Carlstruction,� p p P q is adopted in this documenq Center located at 2261 Homer Jones Dr., Bremerton, WA 98310 by reference. Do not use with other general The Architect: conditions unless this document is n)odified. Rice Fergus Miller, Inc. 275 5 Street, Suite 100 Bremerton, WA 983337 Phone: 360- 377 -8773 The Owner and Contractor agree as follows. ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. Ara Document 4101- - 7007. Copyright a 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. wAANMI Thin Ala Document is protected by U.B. copyright Law and International 1 Treaties. Unauthorized reproduction or distribution of thin AW Document, or any portion of it, may result in severe civil and criminal Penalties, and will be prosecuted to the maximum extent Possible under the law. This draft was produced by AIA software at 14:57:18 on 05/20/2014 under Order No.3939379614 1 which expires on 1110872014, and is not for resale. User Notes 11313690469) TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears ; in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated`in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date,is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. Commencement date shall be set with Notice to Proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages and oth r security interests, the Owner's time requirement shall be as follows: Not Applicable § 3.2 The Contract Time shall be measured from the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than eight one (8l) days from the date of commencement, or as follows: Portion of Work Substantial Completion Date Not Applicable subject to adjustments of this Contract Time as provided in the Contract Documents. AIA Document A301-- 7007. Copyright o 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARMat This Ale Document is protected by U.S. Copyright Law and International , Treaties. Unauthorised reproductioa or distribution of this Ale Document, or any portion of it, may result in severs civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:57:18 an 05!20;2014 under order No.3839379614_1 which expires on 11108/2014, and is not for resale. Deer 8otes. (13136904691 ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Four hundred ninety. ei t thousand nine hundred,forty seven dollars and nol_t ' ($ 498,947.00), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Not Applicable § 4.3 Unit prices, if any: ? Item Units and Limitations Price Pet! Un0 ($0.00) Not Applicable § 4.4 Allowances included in the Contract Sum, if any: Item Price Not Applicable ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor find Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of Contract.Suimto tl .-- -....) Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Not. Applicable § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the Iasi day of a mouth,. the Owner shall make payment of the certified amount to the Contractor not later than the last day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than thirty (30) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the . Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in spch;form and supArted` by such data to substantiate its accuracy as the Architect may require. This schedule, unles ob ected to b}) the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment] § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the-Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage. five percent ( 5.0 Pending final determination of cost to the Owner of changes in the Work, ardougts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201Tm -2007, Ciieneral Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and eg4ipnient delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5.0 ft AL Document A101- - 2007. Copyright a 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1914, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. wAPSING3 This AIA Document is protected by U.S. Copyright Law and international , 71eaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal pomlties, unand will be prosecuted to the maximum extent possible under the lad. This draft was produced by AIA software at 14:57:18 on 05!2012014 der Order No.3839379614_1 which expires on 11/08/2014, and is not for resale. User Notes# (1313690469) .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and i (Section 9.8.5 of AIA Document A201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) i .2 Add, if final completion of the Work is thereafter materially delayed througli no fault of Contractor, any additional amounts payable in accordance with Section 9.1013 of AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the 4eta�nage resulting from the percentages inserted in Sections 5.1.6.1 and 5.1.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) Not Applicable § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payr[ients to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to+the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's respor itiility to correct. Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to s�tisfy other requirergents, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the. Architect's final Certificate for Payment, or as follows: Not Ai) able ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial decision Maker: (If the parties mutually agree, insert the name, address and other contact information of thf Initial Decision Maker, if other than the Architect.) iTBD) § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction.) f [ ] Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 [ X ] Litigation in a court of competent jurisdiction an Document &101- - 7007. Copyright 0 1915. 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING, This AIA' Document is protected by U.S. copyright Law and International 4 Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, end will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14,57:18 on 05/20/2014 under Order No.3039379614_1 which expires on 11/08/2014, and is not for resale. User Notes, (1313690469) [ ] Other (Specify) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2t 07 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date paymenq is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) § 8.3 The Owner's representative: (Name, address and other information) Jeff Elevado Recreation Manager City of Bremerton, Parks and Recreation Department 680 Lebo Blvd. Bremerton, WA 98310 Phone: (360) 473 -5428 § 8.4 The Contractor's representative: Dennis Wain DY. Wain Construction, Inc. P.O. Box 3771 Silverdale, WA 98383 Phone: (360) 698 -5917 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: Not Applicable ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner ' and Contractor. , § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the fontract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Ain Document A101- - 1007. Copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Instituto of Architects. A11 rights reaetoed. WLRm m: This AIA' Document is protected by U.S. Copyright Law and xaternational 't 5 reaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:57:19 on 05/20/2014 under Order No.3839379614_1 which expires an 11!0812014, and is not for resale. User nates$ 113136904691 Document Title Date Pages 007300 Supplementary May 9, 2014 19 Conditions § 9.1.4 The Specifications: Section Title Date Pages Table of Contents May 9, 2014 3 § 9.1.5 The Drawings: As noted on drawing index sheet A00.00 Number Title Date f § 9.1.6 The Addenda, if any: Number Date Pages Not Applicable. Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201 Tm-2007, Digital Data Protocol Exhibit, if completed by the partiea, or the following: Not Applicable .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 -2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) Not Applicable ( ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Art1cle 11 of AIA Document A201 -2007. i (State bonding requirements, if any, and limits of liability for insurance required in Article I of AIA Document A201- 2007.) Type of insurance or bond Limit of liability or bond amount ($0.00) Contractor's Liability Insurance and As noted in Supplemental Conditions 007300. Performance and Payment Bonds Ara noctment A301- - 2007. Copyright a 1915, 1918. 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. all rights reserved. WARN=% This AIA' Document in protected by U.S. Copyright law and international Treaties. Unauthorized reproduction or distribution of this AIR! Document, or any portion of it, may result in severe civil and criminal 6 ponaltlea and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:57:18 on 05/20/2014 under order No.3839379614_1 which expires on 11/08/2014, and is not for resale. User Notes (1313690469) This Agreement entered into as of the day and year first written above. OWNER (Signature) CONTRACTOR (Signature) (Printed name and title) (Printed name and title) i k E � an Document A101x - 7007. copyright O 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. wAMEMs This AW Document is protected by U.S. Copyright Law and International Treaties, unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:57:19 on 05/2012014 under Order No.3839379614 1 which expires on 11 109 12014, and is not for resale. User Notest (13136904691 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE YMCA OF PIERCE AND KITSAP COUNTIES This Agreement outlines the duties and obligations of the City of Bremerton ( "City") and the YMCA of Pierce and Kitsap Counties ( "YMCA ") relating to pool building upgrades (the "Project ") to the facility at 2261 Homer Jones Drive in Bremerton, commonly known as the Bremerton Family YMCA. 1. The City will Contract with a construction firm to complete the Project. 2. The YMCA will be the Project Manager for the Project and will manage the Contract, subject to final oversight of the Project by the City. 3. The YMCA will update the City on a weekly basis, or as otherwise required by the City, as to the progress of the Project. 4. The YMCA will make all payments on the Contract for the entire Project per the Contract terms. 5. The City's contribution for the Project shall be $250,000.00 to cover the filtration system upgrades and contract management. 6. Upon completion and acceptance of the entire Project, the City will reimburse the YMCA for the filtration system upgrades portion of the Project, as identified in Section 3.2.3(a)(1) of the parties' Concession and Management Agreement executed on October 10, 2011. The YMCA may receive earlier reimbursements from the City by presenting documentation of the amounts paid by the YMCA to the contractor that is attributable to the filtration system upgrade obligation of the City. 7. All costs for the Project that exceed $250,000.00 shall be the sole responsibility of the YMCA. S. Each party shall defend, indemnify, and hold the other party, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the other's performance of this Agreement, to the extent that the injuries and damages are caused by the party's own negligence, acts or omissions in performance of its duties herein. The provisions of this section shall survive the expiration or termination of this Agreement. This Agreement is effective on the date fully executed below. Signatures on next page 1 City of Bremerton Patty Lent, Mayor Date: YMCA of Pierce and Kitsap Counties Date: R:\Legal\Legal\Files \Current Active Files \YMCA\2014 Pool Upgrades\MOA -City and YMCA Pool Upgrades.doc 2 This Document and the ideas, renderings and other contents contained therein are the sole property of Technology, Inc and may not be disseminated. cop 4 - reproduced or otherwise used without prior written ` consent of Water Technology, Inc A j 1 '�\ ..'.ter I . ., .fir •bit -o• s -o • CLEARANCE CLEARANCE y I / • REMOVE /SALVAGE EXISTING VALVE - DELIVER TO OWNER • REMOVE ALL EXISTING PIPING ASSOCIATED WITH LAP POOL THIS SPACE NOT USED 9 EXISTING GEAR /BUTTERFLY VALVE 6 EXISTING CONDITION 3 \ NONE NONE NONE I f 4• MIA 17 I TcoFlT.µ un,G7orr la tot r r I 1 u _ Z Z iM•, r+.1 i; ' REMOVE EXISTING PIPING O FROM VALVE TO PUMP O LU Z aaoW � f O I Zz < F' • RE TOP 12" OF FILTER TANK AS DESCRIBED IN DEMOLITION NOTES #17 ON D1 00 O W0 THIS SPACE NOT USED 10 EXISTING FILTER TANK 7 EXISTING CONDITION 4 EXISTING MECHANICAL ROOM 1 M L �O p NONE NONE NONE 1/4 " =1' -0" W Q 02 M OC�ZO (0eU Y) Q li N 1Y i1sr,Ed�D ID DATE DESCRIPTION I . DATE MAY 9, 2 PROJECT NO 1119 DRAWN BY 44`}} CHECKED BY p PHASE BID: ti _,�; e MECHANICAL DEMOLITI( PRIOR TO SUBMITTING THEIR BID TO COMPLETELY FAMILIARIZE THEMSELVES WITH ALL This Document and the ideas, ran denngs an tl other C ` �� CONDITIONS AREA OF FLOOR contents contained therein are the sole property o16 n DEMOLTION - Technology, Inc and may not be disseminated. cop 2 ALL EXISTING CONSTRUCTION WITHIN THE INDICATED LIMITS IS TO BE DEMOLISHED UNLESS F N REQUIRED reproduced or otherwise used wlthoul pnor wraten SPECIFICALLY NOTED OTHERWISE REFER ALSO TO OTHER DRAWINGS FOR FURTHER DETAIL ON REPLACEMENT consent of Water Technology, Inc NEW CONSTRUCTION REQUIREMENTS ��- 3 DEMOLITION DRAWINGS ARE INTENDED TO BE SCHEMATIC IN NATURE, AND MAY NOT DESCRIBE ' O • 7br ALL MISCELLANEOUS WORK NECESSARY TO COMPLETE THE DEMOLITION AND NEW WORK CONTRACTOR SHALL INCLUDE THIS MISCELLANEOUS NECESSARY WORK IN HIS BASE BID SEE , y OTHER DRAWINGS FOR ADDITIONAL DEMOLITION REQUIREMENTS AND INTENT OF FINAL El El Lai ❑ ❑ k CONSTRUCTION AND FINISHES u.w 4 IN AREAS WHERE TOP SOIL IS BEING REMOVED AND LAWN OR PLANTINGS ARE BEING DISTURBED SED THE CONTRACTOR SHALL REPLACE TOPSOIL TO A DEPTH OF 8" AND RE -SEED LAWN WITH APPROVED SEED MIX PER ARCHITECTURAUOWNER SELECTION NA * 5 IN AREAS WHERE CURBING, WALKS, AND /OR DRIVES ARE BEING REMOVED AND EITHER NEW t CURBS. WALKS, AND /OR DRIVES WILL ABUT THEM OR REMAINING EDGE WILL BE VISIBLE. THE CONTRACTOR SHALL CLEANLY SAW CUT MIN 2" DEEP THE AREAS TO BE REMOVED AREA OF DECK E 6 CONTRACTOR TO MAINTAIN DUST CONTROL WITH TENTING AND WATER AT ALL TIMES DEMOLITION - REQUIRED 7 EXPLOSIVES ARE PROHIBITED ON THIS PROJECT REPLACEMENT 8 FROM THE AREA OF THE DECKMMIRLPOOL ALL CONCRETE CONTAINING REBAR OR ANY OTHER METAL OR PVC WASTE SHALL BE DISPOSED OF OFF SITE REMOVE AND REPLACE EXISTING CHEMICAL CONTROLLER BECSYS 5 AS DESCRIBED ON PL 4 00 9 CONTRACTOR SHALL MAINTAIN INTEGRITY OF FACILITY DURING THIS DEMOLITION PERIOD AREA OF DECK DEMOLITION -PATH EXISTING LAP POOL 0 AVOID ALL TREES AND EXCAVATE AS FAR AWAY AS POSSIBLE FROM TREE DRIP LINE DURING TO ALLOW FOR ELECTRICAL 4 OUTDOOR PIPING INSTALLATION D REPAIR DISTURBED DECK AREA CHEMICAL CONTROLLER 11 ALL EXISTING FENCE THAT IS REMOVED SHALL BE SALVAGED AND REINSTALLED BY A R PROFESSIONAL FENCE CONTRACTOR ' NONE 12 SEE MECHANICAL FOR UTILITY CONNECTION 13 CONTRACTOR IS RESPONSIBLE FOR COORDINATING AND TERMINATING EXISTING POWER AND GAS LINES WITH LOCAL UTILITIES IF REQUIRED 14 AREAS WHERE THE NEW DECK IS CONSTRUCTED CLEAR STONE FILL SHALL BE USED TO BED PIPING AND COMPACTED PIT RUN GRAVEL SHALL BE USED FOR BACK FILL TO THE REMAINING SUB MAT11if w GRADE ELEVATION it-OF A1Yi.'.'GtON 15 AREAS WHERE THE NEW POOL IS CONSTRUCTED, CLEAR STONE FILL SHALL BE USED TO THE all •� UNDERSIDE OF THE NEW POOL STRUCTURE 1 16 CONTRACTOR SHALL BE RESPONSIBLE FOR REMOVING AND DISPOSING OF ALL LAP POOL PIPING WITHIN THE POOL MECHANICAL ROOM AND CHEMICAL ROOM CONTRACTOR SHALL MAINTAIN AND CLEAN 6" STUB PIPING AND WELD CONNECTION FLANGE ONTO THE STUB PIPING AT THE BASEMENT WALL AND FILTER TANK ALL NEW REPLACEMENT PIPING SHALL BE PVC SCHEDULE 80 - HEATING {' PIPING SHALL BE CPVC SCHEDULE 80 OR COPPER -•• 17 CONTRACTOR SHALL SAW AND REMOVE THE TOP 6" OF THE FILTER TANK AND REPAIR BY WELDING Z Z 1/4" STEEL PLATING WITH 3" ANGLE IRON WELDED TO THE TOP TO SUPPORT REPLACE THE O R4 DETERIORATED TOP PORTION OF THE TANK STEEL SHALL BE CLEANED AND PREPARED TO ACCEPT EPDXY PAINTED COATING 18 CONTRACTOR SHALL SAND, CLEAN, AND PREPARE FOR EPDXY COATED PAINTING ENTIRE EXTERIOR OF THE FILTER TANK FOLLOWING DEMOLITION OF TOP OF TANK AND REPAIR OF TOP OF s• - . R _< ' - TANK CONTRACTOR SHALL PAINT ENTIRE EXTERIOR SURFACE OF THE FILTER TANK AND THE TOP _ 12" OF THE INTERIOR FILTER TANK S SHED l� + > C a > 1•' i • •_ • r_ ♦ �' S I 19 THE CONTRACTOR IS RESPONSIBLE FOR ALL MEANS AND METHODS TO COMPLETE WORK, _ •, t INCLUDING SHORING AND /OR UNDERPINNING OF BUILDING WALLS AND CONCRETE SLABS, Q Z > Q REMOVAL AND REPLACEMENT OF ALL DOORS, WALLS, FENCES AND BUILDING STRUCTURES _ Z 20 CONTRACTOR SHALL FAMILIARIZE THEMSELVES WITH THE EXISTING LAP POOL PRIOR TO 4 Ou) ` DEMOLITION OF MECHANICAL PIPINGAND SHALL RETURN THE POOL SYSTEM TO PROPER '- ' o , . . OPERATING CONDITIONS Z Zo < + _ H UNIT O W i - -- -- -�'- - DEMO DECK /PATH REMOVE AND SALVAGE EXISTING LAP POOL PUMP - REPLACE WITH PUMP SPECIFIED ON PL4 00- PROVIDE r L NEW STEEL SUPPORT SYSTEM TO SUPPORT NEW PUMP M WC EXISTING LAP POOL PUMP 5 GENERAL SITE DEMOLITION NOTES 2 W �2 NONE NONE W O O 4 CL Z 0 "0U m U) acGN EXISTING MECHANICAL ROOM DEMOLITION . r `y ..:�. • _ 1 REMOVE ALL LAP POOL PIPING - ID DATE DESCRIPTION -- - MAINTAIN 6" OF PIPING AT BASEMENT WALL 1„ AND FILTER TANK -CLEAN AND PREPARE FOR WELDING FLANGE CONNECTIONS (NEW PING IS PVC SCHD 80) 2 CONTRACTOR REPAINT THE EXTERIOR OF THA T AND MM : L r. TANK SEE DEMOLTION NOTES 3 SEE MECHANICAL DRAWINGS FOR DEMOLITION • ` FOR EXISTING HEAT EXCHANGER AND DOMESTIC ►- / r HOT WATER PIPING s l (�• T i DATE MAY 9, PROJECT NO 1119 DRAWN BY THIS IS THE ONLY ENTRANCE FOR CHECKED BY P CONSTRUCTION EQUIPMENT' { { {I CONTRACTOR SHALL CONFIRM ACCESS PHASE BID 1 �' r DIMENSIONS FOR CONSTRUCTION . r ' .. �. _ ��^ • r ��•' - �h - - - -_ fi' EQUIPMENT AND CONCRETE INSTALLATION 's DEMOLITION PLAN