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HomeMy WebLinkAbout04/01/2015 AGENDA ti CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 C Phone (360)473-5280 r APRIL 1, 2015 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00—5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —March 18, 2015 C. Minutes of Study Session — March 25, 2015 D. Ordinance No. 5273 establishing a Self-Insured Health &Welfare Reserve Fund E. Resolution No. 3243 adopting Human Resources Policy 3-40-12 relating to City's Self- Insured Health &Welfare Program F. Basic Life Support Agreement between Handlers Racing Association, South Kitsap Fire & Rescue (SKFR), and the City of Bremerton G. Master Interlocal Agreement between Clallam, Jefferson, and Kitsap Counties for Fire Services H. Public Works Agreement with Action Services Corporation for Installation of Hot Applied Street Traffic Markings I. Community Forestry Grant Agreement with Department of Natural Resources for Evergreen Rotary Park J. Resolution No. 3244 changing the name of"East Park Nature Area"to "Madrona Trails" 6. GENERAL BUSINESS A. Confirm Reappointment of Jose Maldonado (Baymont Inn & Suites) to the Lodging Tax Advisory Committee B. Confirm Appointment of Shayna McKinnon to the Parks & Recreation Commission C. Local Agency Agreements with WSDOT for Transportation Projects D. Construction Contract with RV Associates, Inc. for Washington Avenue Community Blvd; and establish Project Budget E. ' Contract Modification No.1 to the Professional Services Agreement with Parametrix for Washington Avenue Community Blvd. Project F. Resolution No. 3245 adopting an Integrated Vegetation Management Plan (IVMP) G. Golf Cart Lease Agreement with Yamaha Motor Corporation, U.S.A. for Gold Mountain Golf Course; and Cart Pad Lease Extension with Alexander Cart Rentals, Inc. 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ®Americans with Disabilities Act(ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at(360) 473-5323 by noon on the day preceding the Meeting. M A Y 0 R S - CONSERVATION C H 1 L L E N G E '(eke Pari ire a ee, ot ,/itie pledr �o cohserve wAe�, Save mo► ie�, ✓educe follvfioti acid a cliarice �o wiry �i2es - �P✓i/ 1,30 Commit to decrease water and energy use! Visit mywaterpledge . com and take Mayor Lent's Conservation Challenge! CELEBRATE AS A FAMILY W TH A FULL BUFFET AND KIDS' ACTIMIES GVESTS WILL ENJOY AN INCREDIrLE SPREAD,FEATURING NOME04ADE SAKEO aRFAOS AND PASTRIES,EGGS 9ENlD1CT, SALMON WITH BROWN SUGAR MAPLE GLAZE. MADE-TO-C)MEP OMELET STATION,AND MUCH MOR® EARLY RISERS M"RVATIONS AETWEEN AAM AMA"MM VA=fVE 10%CWF THE TOTAL IML LATE LUNCHERS >ltSEKVATICNS AETWEIN V"ApQ V" YRCRIVt ft%0"TNS TOTAI,SILL ADULTS, $SO CHILDREN(6-12):$16 SENSORS(55+):$15 KIDS 9 AND UNDER ARE FREE', RISLRVAMNS SHCOURAGM 360.415.6"s SERVED FROM VA14 TO 3PM. WITN FaG NUW TIMES AT 1gAM AND 2111M. COLUMBIA GaA Molillrain 4 O O O DROP ! COVER ! HOLD ON ! gill NAD Guardhouse Cabin Saturday, April l l.th, 2015 ' 1:00 pm to 4:00 pm ' You have heard about it! Now come and take a look at the Cabin for yourself. Learn of its history. See what we have done so far. See what work still needs to be done. Learn hom?you can help! NAD Park 1900 Austin Drive Just north of Kitsap Way & across from.the Jet Bremerton, WA For more information: facebook.comlgrou ps/NA DParkCabi n or call Bob C(360)627-7667 NAD Guardhouse Cabin Foundation 1338 Broadway Ave Good Friends Bremerton,WA 98337 Refreshments presidtmt@natigcf.org Free Wi-Fi " iso so , . Clean-up Sites. �; . ... Meeting Sites. e Port Orchard Shoreline SR 166 '' 66 •" - •-�- •City of Bremerton supported by South Kitsap High School100_ 2nd Street at Louis Mentor Boardwalk > 1.00 .00 and Turnaround Area 6 Bremerton Waterfront (short walk from WA State Ferry Terminal) supporfod by City of Bremerton • Harborside & Downtown 6 Port Orchard Annapolis Ferry Landing • Navy Yard Hwy. (SR 3 & SR 304) • Evergreen, Lions', & Bachman Parks •Silverdale Waterfront Park •Silverdale Waterfront ParkApnII8, 2015 Posters provided by Blue Sky Printing of Poulsbo. °N�raOpez �N This event is coordinated by community volunteers,City of Refuse collection and disposal provided by Waste Bremerton,and Kitsap Trees&Shoreline Association(KiTSA). Management M.Materials and refreshments Pro ect su rf rovided b PADI Pro ect A.W.A.R.E.,Kitsa9 (W ) SrI PPo P Y I P provided by local merchants.Free parking for County's Clean Water Kitsap and Public Works Programs volunteers provided at all sites by Diamond and Impark. and WA State Dept.of Transportation(WSDOT). �4P(Od� WASHINGIUN SIAM UNIVMITY i �..,.r.�x•a•.r �► Clean Water Kitsap 1P EXrh 1OR L�._J NlwrvNm r:• 1\\ �_ ST1LLNOP ASAI+ IL_2 1, •• � E P Washington `r` INC Ns Kitsa Coun Info: John Denis, Publit Works . r nr.+.•vm cm r l ' ' denis-ik@yahoo.comChance .) chance.r• r bremerton. r s To Port Townsend ppp and Keystone Ferry to wmow. p Whidbey Island A9066, /H/r nd �J1 _ OLYMPICBeyo ®'• NATIONAL �® Id, PARK /////////����''�ian,,, �e:•wr ` • e O • I ® �1� Alaska Aorlrnes ll�agazrne C SIir- Ive�Male S.ci I li II\ it . \ BtUewe Kitsap 9ro�°^' seaTTLIE eninsula Porr r IQUI eelltlr!�j '� Asey i NOnh Masons ASS TS • j! ii G • I //, rosncrr � rr.�• /(N ,� raco►� National Water Trails System promotes and protects exceptional waterways er M<- aus•au r/ BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD 1� l� (V(CClk 4AJA4A WLUL�� REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU ,- �I l ,t..,�`` iia �t�.;� ^fit .. IIjlIjl, '�.;' j�. •�'�i� I ` d 'REM 7 f L — r •r \ cp pe low �a J� } ! v'1 YIY 0 .:.... .. ... . :. _- - ...-Peke ••'.,. .. _ • '10 s Park 2015 2nd Saturday Schedule April 11 ,July 11 May 9 Aug 8 ,June 13 Sept 12 It's a 1 Oam to Noon friendly weed party!! Bags and weeds are supplied. Look for Lion/2 Flag and enjoy! .,� d - �. • -. .� R e"� FTk i Help us w I I i 1 I 1 fill empty, bowls! I i ;r •v — _ _ 0 .-:".i .... 'id's-i�F'��.n'�'y�•}�. Colhegel , IYM a - .v ............ -•r.. ..i 3! A� AGENDA BILL 5A CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: April 1, 2015 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 362838 through 363009 and EFT's 14747 through 14793 in the amount of $1,532,743.51. 2) Regular Payroll for the pay period ending March 15, 2015 in the amount of$355.31. 3) Retiree Payroll for the pay period ending March 31, 2015 in the amount of$99,540.05. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: Z No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 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 01/07/15 AGENDA BILL CITY OF BREMERTON M513 CITY COUNCIL SUBJECT: Minutes of Meeting - Study Session Date: N/A March 18, 2015 COUNCIL MEETING Date: April 1, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on March 18, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: Nx No Presentation ❑ Full Presentation STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 18, 2015 A Regular Meeting of the City Council of the City of Bremerton was called to order on Wednesday, March 18, 2015, 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, and Mike Sullivan. Council Member Leslie Daugs was absent. Also present were City Attorney Roger Lubovich; Legislative Assistant/Deputy City Clerk Lori Smith; and Kevin Matthew, 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 Associate Pastor Russ Reuther of Sylvan Way Baptist Church. MAYOR'S REPORT • Brought forward Public Works Director Chal Martin who recognized Public Works Administration Manager Milenka Hawkins-Bates for receiving a Certificate of Completion on Managing Urban Forests; and also showed photos that reflected the beauty of the City; • Due to the efforts of Legislative Assistant Lori Smith, the City of Bremerton received a certificate in recognition as a "Waste Wise @ Work" Employer; • Mentioned that Goodwill's schedule of free classes and training was now available; • Announced that Puget Sound Energy will be offering low cost LED's through its Lighting Program today and tomorrow from 10:00 AM to 5:00 PM in the First Floor Lobby; • Encouraged the community to visit the Valentinetti Puppet Museum at 247 4th Street or a puppet show on Saturday, March 21 beginning at 2:00 PM at Olympic College as part of the "National Day of Puppetry"; • Hoped Pre-Kindergarten through 5th Grade Students would participate in the "Annual Math Blast & Family Dinner" to be held on Thursday, March 26 from 5:30 to 7:30 PM at Armin Jahr Elementary School located at 800 Dibb Street; • Looked forward to the 581h Annual Washington State Science & Engineering Fair (WSSEF) to be held from Friday, March 27 through Saturday, March 28 at Bremerton High School; • Announced that "Military Appreciation Day' will be on Saturday, March 28 from 11:00 AM to 4:00 PM at the Kitsap Sun Pavilion at the Kitsap County Fairgrounds; • Encouraged people to make their reservations early for the Easter Brunch & Egg Hunt on Sunday, April 5 at Gold Mountain Golf Course; • Welcomed families interested in hosting a Japanese Exchange Student from July 24 through August 20 to contact Sister City Program Coordinator Elaine Valencia at (360) 473- 5266 for more information; • Had a chance to meet with Senator Maria Cantwell while in Washington DC last week for the American Public Transportation Association (APTA) Conference; and • Also while in Washington DC, she had a chance to see the Naval Reserve Memorial, which she was proud to say reflected our own Puget Sound Naval Shipyard in Bremerton. BPD BRIEFING Police Chief Steve Strachan provided a monthly update on police operations. Questions were asked by Runyon and Wheeler, with responses provided by Chief Strachan... City Council Meeting Minutes Wednesday, March 18, 2015 Page 2of3 PUBLIC RECOGNITION Vern LaPrath expressed his appreciation to the City when he learned that funds would be allocated for speed humps on Hanford Avenue; reiterated his concerns that there was still a good amount of litter along Highway 3 coming into Bremerton; and in response to the Police Chief's report, commented that he has a very high regard for Police Officers, considers them heroes, and we should all be grateful for the work they do to assist citizens. Public Works & Utilities Director Chal Martin responded that he "was listening" regarding the concern expressed about litter. Robert Parker was pleased to hear the positive comments provided at a recent meeting of the Kitsap County Mental Health Citizen Advisory Committee by Bremerton Police Officer Meade and Lt. Fisher about the Crisis Intervention Training received by their officers due to the Mental Health tax revenue; and also reported that the Port Orchard City Council recently discussed whether or not they would continue to fund their share of the free Foot Ferry between Port Orchard and Bremerton on Fridays and Saturdays during the summer due to "dismal use". Mayor Lent confirmed that money is still being allocated in the City Budget because she believes Bremerton has received a return on the investment; and Mr. McDonald announced that music concerts will be held on the Boardwalk on Saturdays this summer. CONSENT AGENDA 6A— Claims & Check Register: Check Numbers 362615 through 362837, and EFT- 14695 through EFT-14746 in the amount of $1,820,029.18; Regular Payroll for the pay period ending February 28, 2015 in the amount of $678,360.80; and Regular Payroll for the pay period ending March 15, 2015 in the amount of$702,225.47. 6113— Minutes of Meeting — March 4, 2015 6C— Minutes of Study Session— March 11, 2015 6D— Construction Contract Award to Coatings Unlimited, Inc. for Interior Coating Replacement of Reservoir 10 North (located in Olympic View Industrial Park) 6E— Property Purchase Agreement with the Bowman Family Trust for 6.85 acres for Water Utility 6F— Ordinance No. 5271 to grant a 10-year Franchise Agreement with Cascade Natural Gas 6G — Collective Bargaining Agreement between the City of Bremerton and Teamsters Local 589 6H— Management and Professional Employees 2015 Salary Schedule 06:22:29 Motion was made by McDonald and seconded by Runyon; Questions were asked by Runyon; with responses provided by Charlotte Belmore ... 06:23:55 M/S/C/U (McDonald/Runyon) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS— There were no General Business items... PUBLIC HEARING 8A— PUBLIC HEARING ON ORDINANCE NO. 5272 TO VACATE ALLEYS BETWEEN DR ML KING WAY AND 8 TM STREET, AND BETWEEN WARREN AND PARK AVENUES FOR THE MARVIN WILLIAMS YOUTH CENTER: Tom Knuckey, City Engineer, explained that the adjacent property owner, Emmanuel Apostolic Church, has petitioned the City to have a portion of the unimproved alleys between Dr ML King Way and 8th Streets, and between Warren and Park Avenues to be vacated to accommodate the proposed Marvin Williams Youth Center. The Alleys are unimproved and are therefore Class III with no compensation owing. City Council Meeting Minutes Wednesday, March 18, 2015 Page 3 of 3 President Wheeler opened the public hearing...With no comments received, the hearing was closed to the public, and opened for discussion to the City Council... 06:24:02 Motion was made by Davis and seconded by Runyon; Comments were provided by Davis and Wheeler,and a question was asked by Runyon with a response provided by Mr. Knuckey... 06:25:20 M/S/C/U (Davis/Runyon) Move to pass Ordinance No. 5272 to vacate alley right-of-ways for the Marvin Williams Youth Center. COUNCIL MEMBER REPORTS Roy Runyon reiterated information about the upcoming Washington State Science & Engineering Fair on March 27& 28 at Bremerton High School, and looks forward to seeing the student projects; provided an update on the status of Senate Bill 5715, which if passed, would require fiscal impacts to be included in the Ballot Title for certain initiatives; and discussed a report recently received by Council with statistics that reflect the intersections with red light cameras have reduced collisions. Dino Davis welcomed interested volunteers to help clean-up Forest Ridge Park on Saturday, March 21 at 9:00 AM; and announced that Mistarian Roses was not only inviting Council Members, but also members of the community to make a bowl for the upcoming "Empty Bowl" fundraiser event on Saturday, April 18. If interested, please call them directly at (360) 479-0123. Jerry McDonald reported on the recent District 3 Community Meeting; and shared a video of the St. Patrick's Day Parade held last Saturday in downtown Bremerton. Mike Sullivan looked forward to volunteering as a judge for the Washington State Science and Engineering Fair; and announced the Lions Park Beach Clean-Ups would again be held the 4'h Saturday of each month beginning with Saturday, April 25 at 10:00 AM. Greg Wheeler discussed his efforts to deal with abandoned and empty buildings, thanking the City's Fire Marshall and Fire Chief for their assistance and spending time with him on the project. With no further business, President Wheeler adjourned the Council Meeting at 6:37 PM. Prepared and Submitted by: A9216f- & rg1 LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Study Session Date: N/A March 25, 2015 COUNCIL MEETING Date: April 1, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on March 25, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 25, 2015 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKs GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, March 25, 2015, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Council Member Eric Younger was absent. Lori Smith, Legislative 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; and announced that approved items by Council will be placed on the April 1, 2015 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 1. Confirm Reappointment of Jose Maldonado (Baymont Inn & Suites) to the Lodging Tax Advisory Committee General Business 2. Confirm Appointment of Shayna McKinnon to the Parks & Recreation Commission General Business 3. Ordinance establishing a Self-Insured Health &Welfare Reserve Fund Consent Agenda 4. Resolution adopting Human Resources Policy 3-40-12 relating to City's Self-Insured Health &Welfare Program Consent Agenda 5. Basic Life Support Agreement between Handlers Racing Association, South Kitsap Fire & Rescue (SKFR), and the City of Bremerton Consent Agenda 6. Master Interlocal Agreement between Clallam, Jefferson, and Kitsap Counties for Fire Services Consent Agenda 7. Public Works Agreement for Installation of Hot Applied Street Traffic Markings Consent Agenda 8. Local Agency Agreements with WSDOT for Transportation Projects General Business 9. Construction Contract for Washington Avenue Community Blvd; and Establish Project Budget General Business 10. Contract Modification No.1 to the Professional Services Agreement with Parametrix for Washington Avenue Community Blvd. Project General Business 11. Community Forestry Grant Agreement with Department of Natural Resources for Evergreen Rotary Park Consent Agenda 12. Resolution changing the name of "East Park Nature Area" to "Madrona Trails" Consent Agenda B. BRIEFINGS AND FULL PRESENTATIONS 13. Resolution adopting an Integrated Vegetation Management Plan (IVMP) General Business 14. Golf Cart Lease Agreement with Yamaha Motor Corporation, U.S.A. for Gold Mountain Golf Course General Business City Council Study Session Minutes Wednesday, March 25, 2015 Page 2 of 2 C. GENERAL COUNCIL BUSINESS 15. Discussion on Kitsap Regional Coordinating Council (KRCC) (Information only... 16. Other General Council Business was briefly discussed. President Wheeler announced that immediately following adjournment of the Study Session, the Council would meet for an Exempt Closed Session to discuss "Labor Negotiations" under RCW 42.30.140(4)(b). With no further business, President Wheeler adjourned the Council Study Session at 7:05 PM. Prepared and Submitted by: L RI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:is:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5273 Study Session Date: March 25, 2015 establishing a Self-Insured Health and COUNCIL MEETING Date: April 1, 2015 Welfare Reserve fund Department: Legal/HR Presenter: Charlotte Belmore Phone: (360) 473-5926 SUMMARY: The proposed ordinance creates Chapter 3.32 of the Bremerton Municipal Code entitled, "Self-Insured Health and Welfare Reserve Fund" to administer the City of Bremerton's Health and Welfare Program. The ordinance requires reserves to be maintained in the fund and administered as authorized. The proposed 2015 budget contemplates an accumulated reserve of $575,000 at the end of 2015. ATTACHMENTS: 1) Ordinance No. 5273; and 2) 2015 Budget FISCAL IMPACTS (Include Budgeted Amount): Anticipated contributions of$4,765,000 for 2015 are included in the 2015 adopted budget. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5273 creating Chapter 3.32 of the BMC relating to the Self-Insured Health and Welfare Reserve Fund and to adopt the 2015 budget as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ORDINANCE NO. 5273 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 3.32, Self-Insured Health and Welfare Reserve Fund. WHEREAS, Chapter 48.62 RCW authorizes the governing body of local government to individually self-insure health and welfare benefits; and WHEREAS, self-insuring health and welfare benefits for City employees and LEOFF 1 retirees offers several advantages including lower administrative costs than charged by commercial carriers, greater control over the design of the benefits program,easier access to utilization and claims data, improving the employer's ability to evaluate health benefit costs and implement cost containment measures, improved cash flow generated by keeping funds in-house until needed for payment of claims, and avoidance of state insurance premium taxes; and WHEREAS, the City Council has established a plan of management, operation, and funding of an individual self-insured health and welfare benefits program in accordance with Chapter 48.62 RCW; and WHEREAS,the City Council now wishes to establish funding strategies and levels for the program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Anew chapter, Chapter 3.32 of the Bremerton Municipal Code entitled "Self-Insured Health and Welfare Reserve Fund" is hereby created to read as follows: Chapter 3.32 SELF-INSURED HEALTH AND WELFARE RESERVE FUND 3.32.010 FUND ESTABLISHED. There is established a fund to be called the Self-Insured Health and Welfare Reserve Fund ("Reserve Fund"). The Reserve Fund is established to fund the City of Bremerton's Self-Insured Health and Welfare Program ("Program"). 3.32.020 AMOUNT AND SOURCE. The minimum Reserve Fund balance shall be established in the amount equal to at least four months of Program expenses or at an amount recommended by an independent actuarial, whichever is greater(`Minimum Reserve"). The Minimum Reserve established herein includes the minimum reserve amount for Program expenses as well as an additional contingency reserve required pursuant to WAC 200-110-040. All of the revenues from City and employee contributions to the Program shall be deposited into the Reserve Fund. The Reserve Fund shall be fully funded to the Minimum Reserve amount by the end of the first three years of the Program, December 31, 2017. 1 Self-Insured Health and Welfare Reserve Fund 3.32.030 ADMINISTRATION AND EXPENDITURE. The Reserve Fund shall be operated as a separate fund administered by the City Treasurer and the Human Resource Manager pursuant to the requirements of Chapter 200-110 WAC. All monies received by the fund, together with investment earnings thereon, shall be expended only to administer and operate the Program including payment for services and payment of medical and prescription claims authorized under the Program. The City shall obtain an audit on claims expenditures and fund balances of the Reserve Fund every three years or as otherwise required by WAC 200-110-120, as currently enacted or hereinafter amended. 3.32.040 ADJUSTMENTS TO RESERVES. The Reserve Fund shall be adjusted as follows: (a) If at any time the cash reserve balance of the Reserve Fund is less than the Minimum Reserve, a repayment plan shall be established by the Mayor and approved by the City Council to replenish the Reserve Fund to its minimum level if deemed necessary to administer and operate the Program. (b) Should the cash reserve balance of the Reserve Fund at any time exceed the Minimum Reserve,the excess cash reserve shall be used for reduction in premiums made by the City and employees to the Program, used to add additional benefits and/or be maintained in the Reserve Fund if deemed appropriate. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION3. ff ective Date. This ordinance shall take effect and be in force ten (10)days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2015 GREG WHEELER, Council President Approved this day of , 2015 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2015 EFFECTIVE the day of , 2015 ORDINANCE NO. R:\Legal\Legal\Files\Current Active Files\Bremerton Self-Insurance Health Program\Self-Insurance Reserve Fund5-Ord Final.docx 2 Self-Insured Health and Welfare Reserve Fund Self Insurance Health and Welfare Reserve Adopted Amended Budget Budget 2015 2015 Revenue Taxes $0 $0 Licenses&permits 0 0 Intergovernmental 0 0 Charges for services 0 4,765,000 Fines&forfeits 0 0 Other revenue 0 0 Debt Proceeds 0 0 Total revenue 0 4,765,000 Expenditures Personnel 0 0 Supplies,services&taxes 0 4,190,000 Capital expenditures 0 0 Debt service 0 0 Transfers 0 0 Total expenditures 0 4,190,000 Revenue over(under)expenditure 0 575,000 Beginning fund balance 0 0 Ending fund balance $0 $575,000 Self Insured Medical Fund Coding Budget Revenue Self Insured Medical 348.0000 4,765,000 Total Revenue 4,765,000 Expenditure Specific Premium Family 267,000 Specific Premium Employee Only 121,300 Aggregate Premium 41,200 Aggregate Accomodation 3,300 517.3019 54610 432,800 Med Admin Fee 58,600 Utilization Review 15,000 PPO Charge 15,600 COBRA Admin Fees 5,000 517.3019 54110 94,200 Claims 517.3019 54620 3,663,000 3,663,000 Total Expenditures 4,190,000 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3243 relating to Study Session Date: March 25, 2015 the City's Self-Insured Health and Welfare COUNCIL MEETING Date: April 1, 2015 Program Department: Legal/HR Presenter: Charlotte Belmore Phone: (360) 473-5926 SUMMARY: The proposed resolution adopts the Program and the Human Resources Policy establishing Program guidelines and requirements for administration of the City's Self-Insured Health and Welfare Program. ATTACHMENTS: 1) Resolution No. 3243; and 2) Human Resources Policy FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3243 adopting the Program and Human Resources Policy 3-40-12 establishing Program guidelines and requirements for administration of the City's Self- Insured Health and Welfare Program, and authorize the City Council President to sign the policy. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 RESOLUTION NO.3243 A RESOLUTION of the City Council of the City of Bremerton, Washington, relating to establishing an individual self-insurance health and welfare benefit program and policies to administer the program. WHEREAS, Chapter 48.62 RCW authorizes the governing body of local government to individually self-insure health and welfare benefits; and WHEREAS, self-insuring health and welfare benefits for City employees and LEOFF 1 retirees offers several advantages including lower administrative costs than charged by commercial carriers, greater control over the design of the benefits program,easier access to utilization and claims data, improving the employer's ability to evaluate health benefit costs and implement cost containment measures, improved cash flow generated by keeping funds in-house until needed for payment of claims, and avoidance of state insurance premium taxes; and WHEREAS, the City Council has established and submitted to the Washington State Office of Risk Management and Washington State Auditor, a plan of management, operation, and funding of an individual Self-Insured Health and Welfare Benefits Program ("Program") in accordance with Chapter 48.62 RCW; and WHEREAS, pursuant to WAC 200-110-030, the City Council now wishes to adopt the Program and a Human Resources Policy establishing program guidelines and requirements for administration of the Program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Program and Policy Adopted. The City of Bremerton Self- Insurance Health and Welfare Benefits Program for City employees and LEOFF 1 retirees and Human Resources Policy 3-40-12 establishing Program guidelines and requirements for administration of the Program are hereby adopted as set forth in Exhibit A, attached hereto and incorporated by this reference. SECTION 2. Policy Amendments. The Human Resources Policy set forth in Exhibit A may be amended by the City Council by motion or resolution. SECTIONS. Severability. If anyone 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 4. ffective Date. This resolution shall take effect and be in force immediately upon its passage. 1 Self-Insurance Health and Welfare Benefits Program PASSED by the City Council of the City of Bremerton, Washington this day of , 2015. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\Legal\Files\Current Active Files\Bremerton Self-Insurance Health Program\Self-Insurance Health Program Resolution7.doc 2 Self-Insurance Health and Welfare Benefits Program EXHIBIT A CITY OF BREMERTON City of Bremerton Self-Insured Health and HUMAN RESOURCES POLICY Welfare Benefits Program for City Employees & LEOFF I Retirees INDEX EFFECTIVE DATE: APPROVED Employer/Employee Relations REVIEW DATE: 3-40-12 REVISED DATE: REFERENCE Chapter 48.62 RCW Chapter 41.05 RCW Chapter 3.32 BMC Chapter 2.09 BMC Chapter 2.76 BMC Chapter 200-110 WAC PURPOSE This policy sets forth program guidelines/requirements for the City of Bremerton Self-Insured Health and Welfare Benefits Program (Program) for City employees and LEOFF I Retirees. PROGRAM 1. Comply with Laws. The Program shall comply with all laws of the State of Washington, including but not limited, to Chapter 48.62 RCW and Chapter 200-110 WAC. The person responsible for management and operation of the Program shall be the Human Resources Manager("Plan Manager"). A separate fund as set forth in Chapter 3.32 of the Bremerton Municipal Code, is established to account for the employer and employee contribution. 2. Treasurer. The City Treasurer, under the direction of the City Director of Financial Services, and in accordance with her/his duties under Chapter 2.09 BMC, shall be the custodian of all Program moneys, and all assets of the Program shall be invested only in accordance with RCW 48.62.111. The City Treasurer shall ensure the preparation and submission of accurate and timely annual financial reports to the Washington State Office of Risk Management pursuant to WAC 200-110-130. 3. Interfund Loans. No interfund loans from assets held against liabilities for unpaid claims and claim adjustment expenses may be made from Program assets except for those amounts which are clearly inactive or in excess of Program reserve requirements. 4. Program Requirements. The Program shall: a. Pursuant to Chapter 3.32 BMC, establish and maintain reserves in an amount equal to four(4) months of Program expenses or an amount established by an actuary whichever is greater; b. Maintain an aggregate stop-loss insurance policy with an attachment point set at or below one hundred twenty-five percent of annual expected claim costs; and c. Include mandated benefits that the state health care authority is required to provide under RCW 41.05.170 and 41.05.180. 5. Third-Party Administrator. The Office of Human Resources may perform claims administration services or may contract for claims administration services with a qualified third-party administrator. All contracts shall comply with the City's procurement procedures, codified at Chapter 2.76 Bremerton Municipal Code. Contracts with third-party administrators shall be separate from contracts with actuaries and brokers. Pursuant to WAC 200-110-100, contracts for third-party administrator services must: a. Require a complete written description of the services to be provided, remuneration levels, contract period and expiration date; b. Provide for the confidentiality of the Program's information, data and other intellectual property developed or shared during the course of the contract; c. Provide for the program's ownership of the information, data, and other intellectual property developed or shared during the course of the contract; d. Provide express authorization that representatives of the Office of Human Resources, the state auditor, the state risk manager, or their designees, to enter the third- party administrator's premises to inspect and audit the records and performance of the third- party administrator which pertains to the Program and to obtain such records electronically; e. Require the compliance with all applicable local, state and federal laws; f. Establish a monitoring and acceptance procedure to determine compliance with third-party administrator contract requirements; g. Establish indemnification provisions and set forth insurance requirements between the parties; and h. Require that a written statement be submitted to the Program on a form provided by the state risk manager providing assurance that no conflict of interest exists prior to acceptance of the contract by the self-insured program. (WAC 200-110-150(1)). 6. Description of Benefits. Employees and retirees covered by the Program will be provided with a written description of the benefits allowable under the Program. Pursuant to WAC 200-110-060, the written description shall include: a. Applicable restrictions, limitations, and exclusions; b. The procedure for filing a claim for benefits; c. The procedure for requesting an adjudication of disputes or appeals arising from beneficiaries regarding the payment or denial of any claim for benefits; and d. A schedule of any direct monetary contributions toward the Program financing required by the employee. 7. Claims Process. The Program will include a written claims administration process which includes claims filing procedures, internal financial control mechanisms, and claim adjustment expense reports. Page 2 of 3 8. Appeal Procedure. The Program will include a written claim appeal procedure that contains, as a minimum, a time limit for filing an appeal, a time limit for response, and a provision for the second level of review. 9. Claims Audit. The Office of Human Resources will obtain an audit of claim reserving, adjusting, and payment procedures at least every three years or as otherwise required by law. The claims audit must be conducted by a qualified claims auditor not affiliated with the City or the Program,its broker of record, or its third-party administrator. The review must be in writing and identify strengths, areas of improvement,findings, conclusions and recommendations. The scope ofthe claims audit must include claims administration procedures listed in WAC 200-110-120(1). 10. Annual Report. The Office of Human Resources will electronically submit an annual report to the state risk manager together with a list of contracted third party administrators,actuaries, brokers, and consultants. 11. Actuaries,Brokers,and Consultants. Contracts with actuaries,brokers, and consultants shall be separate contracts. All contracts shall comply with the City's procurement procedures, codified at Chapter 2.76 Bremerton Municipal Code, as hereafter amended, revised, or reenacted. All contracts shall: a. Comply with the requirements set forth in Section 5 above; and b. Contracts with brokers shall limit compensation to transactions performed within the scope of the broker's license,and include the following: (1) A provision that contingent commissions or other form of compensation not specified in the contract must not be paid to the broker of record as a result of any self-insured program insurance transactions;and (2) A provision which requires the broker provide to the Program a written annual report on a form provided by the state risk manager which discloses the actual financial compensation received. The report must include verification that no undisclosed commission was received as a result of any such insurance transaction made on behalf of the Program. WAC 200-110-150(2)(c) 12. Termination of Program. Prior to termination of the Program,the Plan Manager shall, with the assistance and cooperation of the City Council, ensure that adequate reserves exist or stop-loss insurance is in effect, or both, to settle liabilities for unpaid claims and claim adjustment expenses. Upon termination of the Program,the Office of Human Resources will continue to submit annual reports until all claims have been paid. AMENDMENTS This policy may be amended by the City Council by motion or resolution. ATTACHMENTS None Page 3 of 3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Basic Life Support Agreement Study Session Date: March 25, 2015 between Handler Racing Association, South COUNCIL MEETING Date: April 1, 2015 Kitsap Fire & Rescue, and the City of Department: Fire Bremerton Presenter: Al Duke, Fire Chief Phone: (360) 473-5380 SUMMARY: This is a three way agreement between the Handlers Racing Association, South Kitsap Fire & Rescue, and the City of Bremerton to provide one fire engine with Firefighter and one Firefighter/EMT as a minimum. This agreement has been on-going for a number of years. The Race Handlers Association will reimburse the City at the actual cost. The Fire Department shall hire individuals on overtime to cover the event and not take away from the on-duty staffing. ATTACHMENTS: Agreement for Basic Life Support Services between Handlers Racing Association, South Kitsap Fire & Rescue, and the City of Bremerton. FISCAL IMPACTS (Include Budgeted Amount): A budget adjustment will need to made at the end of the contract, but will be cost neutral. STUDY SESSION AGENDA: Z No Presentation ❑ Full Presentation STUDY SESSION ACTION: ElConsent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Basic Life Support Agreement between the Handlers Racing Association, South Kitsap Fire & Rescue, and the City of Bremerton; 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 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN THE CITY OF BREMERTON FIRE DEPARTMENT, SOUTH KITSAP FIRE AND RESCUE AND HANDLERS RACING ASSOCIATION This Agreement is entered into between SOUTH KITSAP FIRE & RESCUE, a Washington State Municipal Corporation, hereinafter referred to as the "DISTRICT", the City of Bremerton Fire Department, a Washington State Municipal Corporation, hereinafter referred to as "CITY," and HANDLERS RACING ASSOCIATION, a Washington nonprofit corporation, and the principals in HANDLERS RACING ASSOCIATION, namely GORDON HOWELL and BARBARA HOWELL, husband and wife. HANDLERS RACING ASSOCIATION and the principals therein shall hereinafter be referred to as "ASSOCIATION," and shall each be jointly and severally liable for all obligations imposed upon the ASSOCIATION herein. The ASSOCIATION has requested the CITY and the DISTRICT to provide basic life support services at BREMERTON RACEWAY regarding raceway events to be held commencing in April 2015, and concluding in September 2015. The scheduled race dates are set forth as follows: April 3 May 1 June 12 July 17 August 21 September 11 April 4 May 2 June 13 July 18 Au ust 22 September 12 April 5 May 3 June 14 July 19 August 23 September 13 April 17 May 8 June 26 August 28 September 25 April 18 May 9 June 27 Au ust 29 September 26 April 19 May 10 June 28 Au ust 30 September 27 May 29 May 30 May 31 1 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE&RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION These said dates will hereinafter be referred to simply as "race dates". The CITY and the DISTRICT, through its career firefighters have agreed to provide the services hereinafter set forth on the race dates. Now, therefore, in consideration of the foregoing recitals, and the promises and covenants of the parties hereinafter set forth, they agree as follows: 1. Services provided. The CITY and the DISTRICT, through its career firefighters, will provide a fully equipped fire truck together with one firefighter and one Firefighter/EMT, at a minimum, on each race date indicated herein. CITY and DISTRICT personnel at each race date event shall be prepared to provide basic life support services and be equipped with radio communications to request immediate response of advanced life support services in the event such services are required. The CITY and DISTRICT will coordinate staffing for the event. The fire truck and firefighters will be prepared to provide immediate fire protection. The response goal of the CITY's and DISTRICT's resources is estimated to be approximately 60 seconds from notification of incident. It is expressly understood the fire protection will be provided in a safe manner according to CITY and DISTRICT standard operating procedures. CITY and DISTRICT personnel will also have the ability to request additional personnel and resources as required. Notwithstanding anything to the contrary, however, if emergency conditions are present in the territorial areas served by the CITY and/or DISTRICT on any race date, which conditions require the services of the equipment and personnel covered by this 2 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE&RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION agreement, then and in any such event, the services and equipment to be provided by the CITY and DISTRICT on any such race date shall be withdrawn. In the event emergency conditions prevent the providing of CITY and/or DISTRICT personnel and equipment, a representative of the CITY and DISTRICT shall attempt to notify GORDON HOWELL or BARBARA HOWELL as soon as possible at (360) 674-2280. 2. Service times. On Friday race dates, the services provided by the CITY and DISTRICT shall commence at 4:00 PM and shall end at approximately 9:00 PM. The June 27 race events shall begin at 11:00 AM. On the race dates failing on Saturdays, the services to be provided by the CITY and DISTRICT shall commence at 9:00 AM and shall cease at approximately 6:00 PM. On Sunday race dates, the services to be provided by the CITY and DISTRICT shall commence at 9:00 AM and end at approximately 7:00 PM. 3. Compensation. For each race date event on which the CITY and DISTRICT provides the service identified herein, the ASSOCIATON shall compensate the DISTRICT at a rate of the staff actual overtime cost plus $250 per weekend for equipment usage and fuel. Compensation checks will be made payable to "South Kitsap Fire & Rescue," and tendered to the DISTRICT at 1974 Fircrest Drive SE Port Orchard, WA 98366, within 10 days of receiving an invoice from the DISTRICT office. The CITY shall provide the DISTRICT their actual overtime costs within 5 days of the event for reimbursement in which the CITY shall receive from the DISTRICT. 3 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE&RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION PROVIDED, HOWEVER, if the CITY and/or the DISTRICT representatives appear at a race event to provide the services called for herein, and if the races are canceled for any reason, or rained out, compensation shall be paid to the DISTRICT at a minimum of 2 hours. 3. Orientation by ASSOCIATION. From time-to-time, the ASSOCIATION shall conduct orientations at Bremerton Raceway at times mutually agreeable to the ASSOCIATION and CITY/ DISTRICT, to allow CITY and DISTRICT personnel who are new to the facility to familiarize themselves with the different types of race cars and their characteristics and the services they may be called upon to provide. On March 14, 2015 from 10:00 AM to 3:00 PM, the ASSOCIATION will conduct extended technical inspections at the Bremerton National Airport parking lot. CITY and DISTRICT personnel may inspect and orient themselves to all types of race cars participating in the ASSOCIATION events. 4. Location of CITY and DISTRICT personnel and eauipment on race dates. On each race date, the ASSOCIATION shall provide a safe area for the CITY's and DISTRICT's equipment to be located and its personnel to observe race events. The ASSOCIATION shall also provide to the CITY's and DISTRICT's personnel and its equipment an immediate response route to access racing equipment and spectators. 5. ASSOCIATION representative. An ASSOCIATION representative shall be designated and available throughout each race day event on which CITY and 4 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE&RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION DISTRICT services are provided, to meet with CITY and DISTRICT personnel and answer any questions they may have. The ASSOCIATION representative designated on each race date shall seek to diligently solve any concerns raised by CITY and DISTRICT personnel to the satisfaction of CITY and DISTRICT personnel. 6. Insurance coverage. Prior to the commencement of the CITY'S and DISTRICT's services hereunder, the ASSOCIATION shall deliver to the CITY and DISTRICT, for review by the CITY's and DISTRICT's insurance representative, a copy of the ASSOCIATION's insurance policy covering race day events, which policy shall provide acceptable coverage for CITY and DISTRICT property damaged at any race day event, liability coverage for the benefit of CITY and DISTRICT personnel regarding any and all property damaged by CITY and DISTRICT personnel, liability coverage regarding any injury to persons caused by CITY and DISTRICT personnel, and coverage for any injuries occurring to CITY and DISTRICT personnel. Prior to commencement of the CITY's and DISTRICT's services identified herein, the said insurance policy must be reviewed and accepted in writing by the CITY's and DISTRICT's insurance representative, to its satisfaction. The said insurance policy must also provide that it will not be canceled or altered in any fashion without first providing to the CITY and DISTRICT thirty (30) days advance written notice. 7. Hold harmless. In addition to the insurance coverage provided in section 6 hereof, the ASSOCIATION shall fully and completely, defend, indemnify hold the CITY and DISTRICT, its personnel, and CITY and DISTRICT representatives harmless from any and all liability, of every kind and nature whatsoever, to which the CITY and 5 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE&RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION DISTRICT, its personnel, or representatives are subjected, or are threatened to be subjected to, because of services provided herein and the attendance of the CITY and DISTRICT, its personnel and equipment at such events. It is further specifically and expressly understood that the indemnification provided herein constitutes the ASSOCIATION'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. The parties further acknowledge that they have mutually negotiated this waiver. 8. Suspension/Reinstatement. The Port of Bremerton, who owns the raceway property, has notified the ASSOCIATION of roadwork at the raceway from June 1, 2015 through August 31, 2015. It is unclear if racing can continue during this timeframe. Therefore, the ASSOCIATION may suspend the contract with no penalty to the ASSOCIATION. Once the road construction is completed, the ASSOCIATION may reinstate the contract for the duration of the season. Both suspension and reinstatement of this contract will require written notification to both the DISTRICT and the CITY fourteen (14) days in advance of the effective date. All said notices shall be directed to the parties at the following address: City of Bremerton Department at 911 Park Avenue, Bremerton, WA 98337 and South Kitsap Fire & Rescue at 1974 Fircrest Drive, Port Orchard, WA 98366. 9. Termination. This Agreement, and the services provided by the CITY and DISTRICT herein, except as provided below, shall terminate at the conclusion of the 6 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE&RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION last race date event on September 27, 2015. Provided, however, and notwithstanding anything to the contrary herein, any parry may terminate this Agreement and the services and obligations contained herein by providing the other party's with advance notice of its intent to terminate this Agreement at least ten (10) days prior to the termination date stated in the notice. All said termination notices, and other written notices, shall be directed to the parties at the following address: Handlers Racing Association at 2219 SW Pine Road, Port Orchard, WA 98367, and to the City of Bremerton Department at 911 Park Avenue, Bremerton, WA 98337 and South Kitsap Fire & Rescue at 1974 Fircrest Drive, Port Orchard, WA 98366. 10. Cooperation of the parties. The parties shall strive to cooperate with one another at all times so the terms and spirit of this Agreement may be fully implemented in a safe and harmonious manner. 11. Complete Agreement. This Agreement constitutes the full and complete Agreement of the parties and shall supersede any prior verbal or written agreements and understanding of the parties regarding the matters contained herein. Any changes or amendments hereto shall be in writing and signed by all parties. 12. Legal action. In the event legal action becomes necessary to enforce the terms of this Agreement, or regarding the terms of this Agreement, each parry shall be responsible for its attorney fees and costs involved in the action. The venue for any such action shall lie in Kitsap County, Washington. 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE&RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION 13. Authority to sign. The individuals signing this document in a representative capacity, hereby warrant and represent that they possess full legal authority to bind their respective organizations to terms thereof. HANDLERS RACING ASSOCIATION: Date of signing: , 2015 by: by: GORDON E. HOWELL BARBARA F. HOWELL President Secretary/Treasurer PRINCIPALS IN ASSOCIATION: Date of signing: , 2015 by: by: GORDON E. HOWELL BARBARA F. HOWELL Address: 2219 SW Pine Road Address: 2219 SW Pine Road Port Orchard, WA 98367 Port Orchard, WA 98367 Phone No: (360) 340-4462 Phone No: (360) 340-4463 8 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE&RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION CITY OF BREMERTON: Date of signing: —72015 By: PATTY LENT, Mayor Approved as to form: Attest: ROGER LUBOVICH SHANNON CORIN City Attorney City Clerk 9 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE&RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION South Kitsap Fire & Rescue Date of signing: , 2015 By: by: GERALD PREUSS, Board Chair MICHE ESLAVA, Board Vice Chair By: by: PAUL GOLNICK, Commissioner DAVE GELSLEICHTER, Commissioner By: DUSTY WILEY, Commissioner By: by: STEVE WRIGHT, Fire Chief KENNETH W. BAGWELL, District Secretary 10 2014 BASIC LIFE SUPPORT SERVICES AGREEMENT BETWEEN SOUTH KITSAP FIRE&RESCUE CITY OF BREMERTON FIRE DEPARTMENT AND HANDLERS RACING ASSOCIATION AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Master Interlocal Agreement Study Session Date: March 25, 2015 Clallam County, Jefferson County and Kitsap COUNCIL MEETING Date: April 1, 2015 County for Fire Services Department: Fire Presenter: Al Duke, Fire Chief Phone: (360) 473-5380 SUMMARY: This is a three way mutual aid agreement between the fire departments/districts in Clallam County, Jefferson County and Kitsap County. Currently there are no mutual aid agreements outside of Kitsap County and this interlocal agreement will allow fire departments/districts who sign the agreement to cross county lines. The entity will determine at the time of request, whether or not they have the equipment and/or personnel to respond. Each party will not seek compensation or reimbursement. ATTACHMENTS: Master Interlocal Agreement between Clallam County, Jefferson County and Kitsap County for Fire Services FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Master Interlocal Agreement between Clallam County, Jefferson County and Kitsap County for Fire Services; 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 i I i i INTERLOCAL AGREEMENT CLALLAM COUNTY,JEFFERSON COUNTY,AND KITSAP COUNTY • FIRE SERVICES i I I I i i I Participating Agencies: Ciallam County Fire Districts #1 Forks #2 Port Angeles #3 Sequim #4 Joyce #5 Ciallam Bay/Sekiu #6 Three Rivers Jefferson County Fire Districts #1 East Jefferson #2 Quilcene #3 Port Ludlow i #4 Brinnon #5 Discovery Bay Kitsap County Fire Agencies Central Kitsap Fire and Rescue South Kitsap Fire and Rescue North Kitsap Fire and Rescue Fire District#18 Poulsbo I I i i i I I I MASTER INTERLOCAL AGREEMENT CLALLAM COUNTY, JEFFERSON COUNTY, AND KITSAP COUNTY FIRE SERVICES This agreement is entered into and between all parties who have executed this agreement as signatory parties thereto, including but not limited to Fire Districts,City and Town fire departments,and military fire departments.The express purpose of this Mutual Aid Agreement is to facilitate the provision of aid i across county lines, mutually and reciprocally,within the counties of Clallam,Jefferson,and Kitsap. I This agreement is entered into under the authority of Chapter 39.34 RCW,known as the Interlocal Cooperation Act and 42 USC 1856a. Recitals A. Each of the parties owns and maintains equipment for the suppression of fires,for the supplying of emergency medical services and other fire service special resources. Each of the parties also retains firefighting personnel who are trained to provide various levels of emergency medical services. B. In the event of a major fire,disaster,or other emergency,each of the parties will need the assistance of the other party to provide supplemental fire suppression and emergency medical service equipment and personnel. C. Each of the parties has the necessary equipment and personnel to enable.it to provide such service to the other party in the event of such an emergency. D. The geographical boundaries of each party are located in such a manner as to enable each party to render mutual aid service to the other. The parties,to carry out the purposes and functions described above and in consideration of the benefits to be received by each of the parties,agree as follows: 1. Request for Assistance. The commanding officer of the fire jurisdiction or the officer in charge of a fire unit or an emergency medical service unit at the scene of an emergency,or either party, is authorized to request assistance from the other party if confronted with an emergency situation at which the requesting party has need for equipment or personnel in excess of that available at the requesting party's fire department. I 2. Response to Request. Upon receipt of such a request,the commanding officer of the party receiving the request shall immediately take the following action: I MASTER INTERLCAL AGREEMENT CLALLAM COUNTY JEFFERSON COUNTY,AND KITSAP COUNTY FIRE SERVICES a. Determine if the responding party has equipment and personnel available to respond to the requesting party and determine the nature of the equipment and number of personnel available. b. Determine what available equipment and what available personnel should be dispatched in accordance with the operating plans and procedures established by the parties. c. In the event the needed equipment and personnel are available,to dispatch such equipment and personnel to the scene of the emergency with proper operating instructions. d. In the event the needed equipment and personnel are not available,to immediately advise the requesting party of such fact. 3. Command Responsibility at Emergency Scene. The chief officer or senior officer of the party to which the response is made shall be in command of the operations under which the equipment and personnel sent by the responding party shall serve; provided that the responding equipment and personnel shall be under the immediate supervision of the officer in charge of the responding apparatus. 4. Termination of Service. The equipment and personnel of the responding party shall be released from service and returned to the responding district by the commanding officer in charge of the operations as soon as conditions may warrant. 5. Liability. Each party agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this agreement by its personnel only and to save and hold the other party, its employees and officials, harmless from all costs,expenses,losses and damages,including cost of defense, incurred as a result of any acts or omissions of the party's employees relating to the performance of this agreement. 6. Insurance. Each party agrees to maintain adequate insurance coverage for its own equipment and personnel. 7. Compensation. Each party agrees that it will not seek compensation or reimbursement for services rendered under this agreement from the other party requesting assistance. 8. Property. The parties will not jointly acquire any property,either real or personal,in carrying i out the terms of the agreement. No joint financial accounts or arrangements shall be established,and no joint budget shall be maintained. 9. Pre-Emergency Planning. The commanding officers of the parties shall,from time to time, mutually establish pre-emergency plans which shall indicate the types of locations of potential problem areas where emergency assistance may be needed,the type of equipment that should be dispatched under various possible circumstances and the number of personnel that should be dispatched under Page 2 of 4 i MASTER INTERLCAL AGREEMENT CLALLAM COUNTY JEFFERSON COUNTY,AND KITSAP COUNTY FIRE SERVICES such circumstances. Such plans shall take into consideration and insure the proper protection by the responding party of its own geographical area. 10. Management of Agreement. The parties will not establish any separate legal or administrative entity to manage the duties of each under this Agreement.The Fire Chiefs of each participating agency shall jointly administer this Agreement. i I -11. Non-Exclusive Agreement. The parties to this agreement shall not be precluded from entering into similar agreements or first response agreements with other municipal corporations. 12. Termination. This agreement shall remain in full force and effect unless and until terminated,or until a party or parties withdraw,as follows: a. Written notice shall be served by any party hereto upon the other party or parties of its I intention to withdraw from the agreement. Such notice shall be served not less than thirty days prior to the withdrawal date set forth therein and a copy shall be forwarded to each party signatory hereto. Said notice shall automatically terminate the agreement as to the withdrawing party on the date set out unless rescinded prior thereto in writing. b. Such withdrawal shall not affect the continuation of the agreement as to any party not indicating an intention to withdraw as provided herein. c. Withdrawal or termination shall not preclude future agreements for mutual aid between the parties. 13. Duration. The duration of this agreement shall be for one year commencing from the date of signing of not less than two counterpart originals, provided that the agreement shall be automatically continued from year to year unless terminated as provided above. 14. Agreement to be filed with the County Auditor. Pursuant to RCW 39.34.040,this Interlocal Agreement shall be filed with each party's County Auditor by each party, as soon as reasonably practical after all parties have duly executed it.The filing party shall thereafter provide a fully conformed filed copy to all other parties. I I I Page 3 of 4 ' I i MASTER INTERLCAL AGREEMENT CLALLAM COUNTY JEFFERSON COUNTY,AND KITSAP COUNTY i FIRE SERVICES i IN WITNESS WHEREOF,the duly authorized representatives for each Agency have signed this Agreement to evidence their respective Agency's consent to all terms hereof: j I CITY OF BREMERTON .i by: Date of Signing: Mayor i APPROVED AS TO FORM: I by: ROGER LUBOVICH,City Attorney ATTESTED TO: by: Date of Signing: SHANON.CORIN, Bremerton City Clerk Date: j I I i i Page 4 of 4 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract with Action Services Study Session Date: March 25, 2015 Corporation of Bremerton, WA for COUNCIL MEETING Date: April 1, 2015 Installation of Hot Applied Street Traffic Department: PW&U Markings Presenter: Chal Martin Phone: (360) 473-5758 SUMMARY: This small works roster project was provided to 103 qualified contractors listed on the MRSC small works site. Two bids were received. The low bidder was Action Services Corporation, with a bid of$56,072.00 for listed services, and $57,375.00 for additional services by individual task order. The contract's focus is to refresh street markings on arterial streets throughout the City. This contract is a follow-up to a successful 2014 project. Because this is specialty work, this method of accomplishment is more efficient and saves valuable time for our Street crew to provide other necessary street maintenance services. The City has budgeted $120,000.00 for this effort in 2015. ATTACHMENTS: 1) Bid Tabulation; and 2) Contract FISCAL IMPACTS (Include Budgeted Amount): Funding for this contract will come from the Street Fund. The budget amount is $120,000.00. This work will be reimbursed through the Transportation Benefit District. STUDY SESSION AGENDA: Z No Presentation ❑ Full Presentation STUDY SESSION ACTION: O Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve a contract with Action Services Corporation of Bremerton, WA for Hot Applied Street Markings in the amount of$114,975.00, 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 01/07/15 2015 Hot Applied Street/Traffic Markings Action Services Stripe- Rite Total Weighted Total Total Weighted Total Task#1-Various Street Markings (2) 55,900.00 111,800.00 56,534.00 113,068.00 Task#2 -Street Rechannelization and Parking(2) 1,700.00 3,400.00 2,000.00 4,000.00 Task#3-Additional Work by Task order(1) 57,375.00 57,375.00 56,250.00 56,250.00 TOTAL 114,975.00 172,575.00 114,784.00 173,318.00 Exhibit C Bid Proposal Hot-Applied Street Traffic Markings City of Bremerton Description Estimated Unit Unit Price Total Quantity Task#1 Various Street Markingts As listed in Exhibit A N/A Lump Sum N/A $55,900.00 ' Task#2 11 l�treet Rechiannehization and Parkina Per attached drawing in Exhibit B N/A Lump Sum N/A $1,700.00 Task#3 Additional Work by Task Order Surface Preparation/grinding 2,500 sf $2.99 $7,475.00 Hot-Applied Traffic Markings 10,000 sf $4.99 $49,900.00 Total $114,975.00 Bids will be evaluated using the following mathematical weigh (Task#1 total)(2)+(Task#2 total)(2)+(Task#3 Total) 1'+2 ) 5T5 PUBLIC WORKS AGREEMENT-Page 13 of 16 (between City of Bremerton and�46Noa Sewisea Cnrp _ 95T k PE- Imo- 31231 jr 10"5o arl Exhibit C Bid Proposal Hot-Applied Street Traffic Markings City of Bremerton Description Estimated Unit Unit Price Total Quantity T_ Various Street Markings As'listed in Exhibit A N/A Lump Sum N/A Task#2 11'Street Rechannelization and Parkina Per attached drawing in Exhibit B N/A Lump Sum N/A Task#3 Additional Work by Task Order Surface Preparation/grinding 2,500 sf a -SO O .50 Hot-Applied Traffic Markings 10,000 sf -506 SO, [AVO Total7 Y$ C6 Bids will be evaluated using the following mathematical weightin (Task#1 total)(2)+ (Task#2 total) (2)+ (Task#3 To 14 3,3 i� PUBLIC WORKS AGREEMENT—Page 13 of 16 (between City of Bremerton and ) PUBLIC WORKS AGREEMENT For Installation of Hot-Applied Street Traffic Markings THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Action Services Corporation ("Contractor"), whose mailing address is PO Box 4339, bremerton. WA 98312 The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Installation of hot-applied street markings and additional street traffic marking services in accordance with Exhibit A, Scope of Services. 2. TIME OF COMPLETION. Contractor shall complete the work by August 31, 2015. 3. COMPENSATION. The City shall pay the Contractor the total amount of $56,072.00 including applicable sales taxes, for the Tasks #1 and #2 of the Scope of Services, as indicated in Exhibit C, Bid Proposal. Additional compensation, not to exceed $57,375.00, may be paid for Task #3 of the Scope of Services, pursuant to individual task orders, at the sole discretion of the City. Applicable Washington State Retail Sales Tax on this contract shall be governed by WAC 458-20-171 and its related rules for the work contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond for the full contract amount of Tasks #1 and #2, to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. See Appendix D. In the event the full contract amount bid for Task #1 is less than $35,000, pursuant to Chapter 39.08 RCW,the Contractor, in lieu of providing the City a performance bond, may elect to have the City retain the final fifty percent (50%) of the Contract amount for Task #l, for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. In the event the full contract bid for Task#1 exceeds $35,000,the City shall hold back a retainage in the amount of five percent(5%)of any and all payments made to contractor for a period of sixty (60) days after the date PUBLIC WORKS AGREEMENT—Page 1 of 15 (between City of Bremerton and ) of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Warranty: Contractor shall warranty all work in accordance with the Scope of Services. E. Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this agreement without notice for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. PUBLIC WORKS AGREEMENT—Page 2 of 15 (between City of Bremerton and ) C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written or oral work change directive from the City or a change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or determination by the City,the Contractor shall: 1. Give a signed written notice of protest to the City within one business day; PUBLIC WORKS AGREEMENT—Page 3 of 15 (between City of Bremerton and ) 2. Supplement the written protest within five (5) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. C. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if(and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date PUBLIC WORKS AGREEMENT—Page 4 of 15 (between City of Bremerton and ) Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. Contractor shall warranty all work, less normal wear and tear, until September 30, 2017. Contractor shall have 240 days to perform warranty corrections, once the warranty work is identified. For the purposes of the warranty, the City shall "batch" the warranty work to enable the contractor to mobilize and perform all repairs within a single work window. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. If the Contractor, after written notification, does not accomplish the corrections within the timeframe noted above, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. PUBLIC WORKS AGREEMENT—Page 5 of 15 (between City of Bremerton and ) Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: B. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and C. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub- contractors, or any person acting on behalf of such Contractor or sub- contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. PUBLIC WORKS AGREEMENT—Page 6 of 15 (between City of Brernerton and ) C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but iri any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K. Severability. if any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. PUBLIC WORKS AGREEMENT—Page 7 of 15 (between City of Bremerton and ) Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF,the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Tony D. Sandefur Print Name: Patty Lent Title: President/CEO Title: Mayor DATE March 24, 2015 DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Action Services Corporation Public Works& Utilities Director PO BOX 4339 100 Oyster Bay Ave N Bremerton, WA 98312 Skip( getasc.com Bremerton, WA 98312 tonyggetasc.com (360) 473-5920 amyggetasc.com (360) 473-2330 (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk PUBLIC WORKS AGREEMENT—Page 8 of 15 (between City of Bremerton and ) Exhibit A SCOPE OF SERVICES TASK#1: The primary purpose of this contract is to refresh the crosswalk and street markings on major arterial streets within the corporate boundaries of the City of Bremerton. Refresh crosswalks, stop bars and turn arrows with hot-applied markings; grind/remove previously applied street markings; all per attached list. Bidders on this project are encouraged to conduct site visits to estimate the square footage. TASK#2: Re-channelization, traffic markings and parking ticks on 11th street, from Warren Avenue to Washington Avenue, per attached graphic. See Exhibit B. TASK#3: On-call. Provide additional hot-applied traffic markings as directed, in accordance with the unit pricing provided in the bid proposal. Additional Information: For all the work requested, Contractor may forego grinding, and apply new marking over existing given satisfactory documentation that the new material will properly adhere. Please note the Contractor must warranty the work in accordance with the provisions of paragraph 9 of this contract. For all work required in this contract and any additional work, Contractor will provide traffic control flagging to meet the requirements of Washington State Department of Transportation Manual M 54-44.04, Work Zone Traffic Control Guidelines, February 2012. Night work is allowed under this contract with prior approval of the City. The City, at its sole option, may direct the Contractor through task order to perform additional hot- applied traffic markings. No task order for additional work shall be for less than 1,000 square feet of markings. Contractor shall have 120 calendar days to perform the additional work. Street marking standards; Plastic and paint removal on arterial crosswalks—current standard is hot- applied material, 2'X 9' bars (some crosswalk bars are 12') spaced so as to avoid placement in the wheel track area—typically 5 bars on a standard width 2-lane street; 11 bars on an arterial street with a center turn lane. Contractor shall remove existing paint or plastic material to ensure adhesion of new hot-applied material and provide a neat appearance of the newly-applied markings. Stop bar standard is 18 inch width. For this contract,the traffic arrow standard is the"narrow" standard. If applying new arrows, grind/remove old "wide" standard and replace with narrow. PUBLIC WORKS AGREEMENT—Page 9 of 15 (between City of Bremerton and Task#1 General Instructions: grind, install, or refresh as indicated below. Hot-Applied Street Markings • 6th Street at Montgomery: Refresh all legs and extend crosswalks to 9' on Montgomery • 61h and Callow: Extend crosswalk piano bars on Callow to 9' in length; repair all other previously-applied torchdown material in intersection • Callow, 6th to 11th, including the Callow/111h intersection: crosswalks, stop bars and arrows • Callow, 6th to 111h: refresh all parking tics • 151 and Callow: crosswalks and stop bars east side 2nd and Pacific: refresh • 151 and Pacific: refresh 0 2nd and Washington: crosswalk(2nd) • 4th and Washington: refresh west side crossing on Washington and extend to 9' in length 0 6th and Warren: refresh • Wilbert and Kitsap Way: stop bar • Marion at Arsenal: stop bar • Constitution and Arsenal Way: stop bar • Yantic,Arsenal, and Hartford at Patton: stop bars • Bertha at Marine Drive: stop bar • Morgan at Kitsap Way: stop bar • Kitsap Way Northlake Way to Harlow: left turn lane • Corbett and 15th : stop bar • 15th street and Wycoff: stop bars • 13th and Wycoff: stop bars south side • 15th and Callow: stop bars south side • 15th and High: stop bars • 15th and Naval: repair ablated stop bars and crosswalks bars where needed • 15th and Park: stop bars crosswalks and arrows • 11th street Park to Pacific: left turn arrows in turn lanes 2 sets • 18th and Winfield: stop bars • Cherry and Callahan: stop bars • Cherry and Sheridan: remove crosswalk • 151 and Bruenn: stop bars • Callahan and Wheaton: stop bars • Schley and Callahan: stop bars • Crosswalk on Callow approximately mid-block between 6th and 11th: refresh • 41h Street, Pacific to Park: delineate crosswalks at each end of the raised brick tabletop by marking the concrete perpendicular strips with hot-applied material. There will be 4 horizontal delineators (2 crosswalks) • Park and 51h: remove all old crosswalk markings and stop bars. Replace all with new standard (9' piano bars; 18" stop bars all sides of intersection) PUBLIC WORKS AGREEMENT—Page 10 of 15 (between City of Bremerton and ) • Park and 6`h: remove all old crosswalk markings. Extend current 8' crosswalks to 10' by adding l' of length on each end. Refresh stop bars as needed. • Park and 11th: remove all old crosswalk markings and stop bars. Replace all with new standard (9' piano bars; 18" stop bars all sides of intersection) • 11`h Street westbound, approaching Warren Avenue: grind traffic arrow • Pacific 5th to I": refresh white horizontal delineator bars, all crosswalks, and all stop bars, all sides of intersections • At Pacific and Burwell: install arrows in direction of traffic, on Pacific, both sides of intersection, positioning to provide approximately 10 feet of separation from crosswalks. (5 arrows total -- note: asphalt is pervious) • Kitsap Way bike lanes: refresh existing bicycle symbols and add a total of 6 additional bicycle symbols at locations to be determined • SR-304 bike lanes: refresh existing bicycle symbols and add a total of 6 additional bicycle symbols at locations to be determined • At Olympic College: 18th street entrance ramp to southbound Warren Avenue: refresh stop bar with 24"wide stop bar • At Olympic College: at college main entrance onto Warren Avenue, grind sequential stop bars and replace with new, 24" wide stop bar across both lanes (keep within traffic loop— consult with City for exact placement of new stop bar) • North end of Warren Avenue Bridge, southbound on-ramp: refresh crosswalk(this is a single lane on-ramp) • Manette Bridge east roundabout: refresh all crosswalks and traffic markings, including "Yield Ahead" on eastbound lane approaching roundabout • Manette Bridge/Pitt: refresh existing stop bar to new standard; install new stop bar southbound on Pitt • E. 13`h at Vandalia: install stop bars on E. 13`h, west and east side of intersection • Warren and Sylvan: remove all old crosswalk markings and stop bars on Sylvan, east and west side of intersection. Replace all with new standard (9' piano bars; 18" stop bars) • Warren and Sheridan: remove all old crosswalk markings and stop bars on Sheridan, east and west side of intersection. Replace all with new standard (9' piano bars; 18" stop bars) • On Sheridan at Claire: grind out old crosswalk markings, do not replace • Perry at E.11`h: Install stop bar on Perry, southbound lane • Parking ticks: refresh on E. 11th, Pitt to Whitey Domstad Park(1 block) Task#2 See annotated plan, attached. This task involves removing delineator candlesticks; removing parking ticks; installing parking ticks; installing raised pavement markings; installing signage, and installing additional traffic markings. Task#3 Additional hot-applied traffic markings by individual task order, in accordance with the bid proposal. PUBLIC WORKS AGREEMENT—Page 11 of 15 (between City of Bremerton and ) Exhibit B Graphic for Task#2 PUBLIC WORKS AGREEMENT—Page 12 of 15 (between City of Bremerton and ) PARKING W [ W Nzt n INST LI.RPM'S ", m - -- .—_ WAR El I TO PARK • "� Q to NOTE: �- TO D LI TATE WESTBOUND LANE H REF 5 ALL OTHER RPM'S '�I l U - 11TH sr. g _ ADJUST PARKING SPACES REMOVE ALL EXIST LOCATION TO AVOID CONFLICT WITH PAVEMEANDCAN CANDLESTICKS S EXIST PARKING STAYS EXISTING DRIVEWAYS. AND CANDLESTICHS EXIST PARKING STAYS MR IIR ,'. IN T LL RIGHT � � F TURE BUS --'- T R ARROWjp}� STOP N!-' a INSTAL;ON REMOVE EXISTING M. . SIGNAL MAST ARM PARKING STALLS AND _ I _ SIGNS BE INSTALLED a DELINEATORS(IF ANY). cp I -- BY BR M RTON PUBLIC - WORK , OORDINATE WITH JM RTON @ - -- 360-47-5 59 .I 1"=100' 117H PLACE W e R MOVE EXIST DELINEATORS Z :, NO CANDLESTICKS,AND -- -' NG TICKS ? p� INSTALL PARKING TICKS .;� EXIST PARKING STAYS EXIST.PARKING STAYS • • • •"- -I i 170 = ,. Cv • •• G STAYS EXIST PARKING STAYS EXIST.PARKING STAYS -n j 11TH ST] 11T1n ST. _ ZFUTURE BU S OP a '~ vi LLD. U a C; ----F1 Is ' _. - ? _ _ 0 Exhibit C Bid Proposal Hot-Applied Street Traffic Markings City of Bremerton Description Estimated Unit Unit Price Total Quantity Task#1 Various Street Markings As listed in Exhibit A N/A Lump Sum N/A Task#2 1 let Rechannel ization and Parking Per attached drawing in Exhibit B N/A Lump Sum N/A Task#3 Additional Work by Task Order Surface Preparation/grinding 2,500 sf Hot-Applied Traffic Markings 10,000 sf Total Bids will be evaluated using the following mathematical weighting: (Task#I total) (2) +(Task#2 total) (2)+(Task#3 Total) PUBLIC WORKS AGREEMENT—Page 13 of 15 (between City of Bremerton and ) Exhibit D 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 Public Works and Utilities, Bremerton, Washington, Installation of Hot- Applied Street Traffic Markings"; 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 OWNERS'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. PUBLIC WORKS AGREEMENT—Page 14 of 15 (between City of Bremerton and ) PERFORMANCE BOND (page 2 of 2) 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. 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 until the obligations secured hereby have been fully performed 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: 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) PUBLIC WORKS AGREEMENT—Page 15 of 15 (between Citv ojBremerton and ) AGENDA BILL S31 CITY OF BREMERTON CITY COUNCIL SUBJECT: Community Forestry Grant Study Session Date: March 25, 2015 Agreement with Department of Natural COUNCIL MEETING Date: April 1, 2015 Resources for Evergreen Rotary Park Department: Parks and Recreation Presenter: Wyn Birkenthal Phone: (360) 473-5752 SUMMARY: The attached Community Forestry Assistance Grant Agreement with the Washington State Department of Natural Resources (DNR) will fund the cost of shade and habitat trees along the southeast portion of Evergreen Rotary Park. The grant is part of a larger effort to enhance the Park's south easterly shoreline by removing the sewer lift station, incorporating the Highland right of way into the park meadow and removing the existing barbed wire topped chain link fence. The trees purchased with the $5,000 DNR grant will be installed upon completion of the Sewer Utility project. The plantings will provide habitat and aesthetic value to Evergreen Rotary Park in addition to bank stabilization. ATTACHMENTS: Community Forestry Grant Agreement FISCAL IMPACTS (Include Budgeted Amount): Match is budgeted through $2,500 of in-house tree planting labor. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: Z Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize the Mayor to finalize and enter into the Community Forestry Grant Agreement with Department of Natural Resources for Evergreen Rotary Park with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 - ---- v WASHINGTON STATE DEPARTMENTOF Natural Resources PETER GOLDMARK-Commissionei of Public Lands �I i INTERAGENCY AGREEMENT WITH THE Bremerton Parks and Recreation Department i Agreement No.IAA-15-166/K244-13-DG-706 USDA Forest Service CFDA Number 10.664 This Agreement is between the Bremerton Parks.and Recreation Department and the..Washington State Department of Natural Resources,Resource Protection Division,referred to as DNR. DNR falls under authority of RCW Chapter 43.30 of Washington State,Department of Natural Resources. DNR and the Bremerton Parks and Recreation Department herein after referred to as the Grantee, enter into this agreement under Chapter 39.34, Inter-local Cooperation Act. The purpose of this Agreement is to fund the-planting of approximately 30 trees along the waterfront to enhance the shoreline in Bremerton. I IT IS MUTUALLY AGREED THAT: i 1.01 Statement of Work.The Grantee shall furnish the necessary personnel,equipment, material and/or services and otherwise do all things.necessary for or incidental to performing work set forth in the Attachment"A". 1.02 The Grantee shall producea mid-report by:October 30, 2015,and a final report upon project completion summarizing work performed and evaluating the performance and results of this agreement. I 2.01 Period of Performance.The period of performance of this Agreement shall begin upon final execution by both parties,and end on May 30, 2015,unless terminated sooner as provided herein. i i 3.01 Payment.Payment for the work provided is established under RCW 39.34.130. Payment will not exceed five thousand dollars ($5000.00). Payment for satisfactory performance of work shall not exceed this amount unless the parties mutually agree to a higher amount before beginning any work that could cause the maximum payment to be exceeded. Payment for services shall be based on the rates and terms described in Attachment "B". 4.01 Billing Procedures.The Grantee shall submit invoices no more than 4 times during the period of performance stated in section 2.01. Payment to the Grantee for approved and i 1 of 7 Agreement No.IAA-15-166/K244-13-DG-706 I I completed work will be made by warrant or account transfer within 30 days of receiving the invoice. When the contract expires, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. 5.01 Records Maintenance.The Grantee shall maintain books, records,documents and other evidence, to sufficiently document all direct and indirect costs incurred by the Bremerton Parks and Recreation Department in providing the services. These records shall be available for inspection, review, or audit by personnel of the DNR,other personnel authorized by the DNR, the Office of the State Auditor, and federal officials as authorized by law. The Grantee shall keep all books, records, documents, and other material relevant to this Agreement for six years after agreement expiration. The Office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access to and the right to examine any of these materials during this period. Records and other documents in any medium furnished by one party to this agreement to the other party will remain the property of the furnishing party,unless otherwise agreed. The receiving party will not disclose this material to any third parties without first notifying the furnishing party and giving it a reasonable opportunity to respond.Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 6.01 Rights to Data. Unless otherwise agreed, data originating from.this Agreement shall be "Works Made for Hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the DNR and the Grantee. Data shall include,but not be limited to,reports,documents,pamphlets, advertisements,books, magazines, surveys, studies, computer programs, films,tapes, and/or sound reproductions. Ownership includes the right to use,copyright,patent, register and the ability to transfer these rights. 7.01 Independent Capacity.The employees or agents of each party who are engaged in performing this agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 8.01 Amendments.This Agreement may be amended by mutual agreement of the parties. Amendments shall be in writing and signed by personnel authorized to bind each of the parties. 9.01 Termination.Either party may terminate this Agreement by giving the other party 30 days prior written notice. If this Agreement is terminated, the terminating party shall be liable to pay only for those services provided or costs incurred prior to the termination date according to the terms of this Agreement. 10.01 Termination for Cause.If for any cause either party-does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of the terms and conditions, the aggrieved party will give the other party written notice of the failure or violation. The aggrieved party will give the other party 15 working days to correct the violation or failure. If the failure or violation is not corrected within 15 days,the aggrieved party may immediately terminate this Agreement by notifying the other party in writing. 2 of 7 Agreement No.1AA-15-166/K244-13-DG-706 11.01 Disputes. If a dispute arises, a dispute board shall resolve the dispute like this: Each party to this agreement shall appoint a member to the dispute board.These board members shall jointly appoint an additional member to the dispute board. The dispute board shall evaluate the facts, contract terms, applicable statutes and rules, then determine a resolution. The dispute board's determination shall be final and binding on the parties. As an alternative to the dispute board, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330. In this case, the Governor's process will control the dispute resolution. 12.01 Governance. This contract is entered into the authority granted by the laws of the State of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. If there is an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: (1) Applicable State and federal statutes and rules (See Minimum Federal Requirements- Attachment C); (2) Statement of Work; and (3) Any other provisions of the agreement, including materials incorporated by reference. 13.01 Assignment.The work to be provided under this Agreement and any claim arising from this agreement cannot be assigned or delegated in whole or in part by either party, without the express prior written consent of the other party. Neither party shall unreasonably withhold consent. 14.01. Waiver.A party that fails to exercise its rights under this agreement is not precluded from subsequently exercising its rights. A party's rights may only be waived through a written amendment to this agreement. 15.01 Severability.The provisions of this agreement are severable. If any provision of this Agreement or any provision of any document incorporated by reference should be held invalid, the other provisions of this Agreement without the invalid provision remain valid. 16.01 Insurances.The Grantee and DNR are part of the State of Washington and are protected by the State's self-insurance liability program as provided by Chapter 4.92 RCW. These agencies have entered into this agreement to provide/perform the Evergreen Rotary Shoreline Enhancement described therein. This agreement will terminate on the date listed in the period of performance. The agencies agree to share responsibility equally for losses that arise out of this agreement. (1) General Insurance Requirements At all times during the term of this agreement, the Grantee shall, at its cost and expense,buy and maintain insurance of the types and amounts listed below. Failure to buy and maintain the required insurance may result in the termination of the agreement at DNR's option. All insurance shall be issued by companies admitted to do business in the State of Washington 3 of 7 Agreement No.1AA-15-166/K244-13-DG-706 and have a rating of A-, Class VII or better in the most recently published edition of Best's Reports unless otherwise approved by DNR. Any exception must be reviewed and approved by the DNR Risk Manager or in the absence of, the Contracts Specialist at FMD,before the contract is accepted. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and 284-15 WAC. Grantee shall include all subgrantees as insureds under all required insurance policies,or shall furnish separate certificates of insurance and endorsements for each subgrantee. Subgrantee(s) must comply fully with all insurance requirements stated herein. Failure of subgrantee(s) to comply with insurance requirements does not limit Grantee's liability or responsibility. All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by DNR. Grantee waives all rights against DNR for recovery of damages to the extent these damages are covered by general liability or umbrella insurance maintained pursuant to this Agreement. DNR shall be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications. (1) Insurers subject to Chapter 48.18 RCW (Admitted and Regulated by the Insurance Commissioner): The insurer shall give DNR 45 days advance notice of cancellation or non-renewal. If cancellation is due to nonpayment of premium, DNR shall be given 10 days advance notice of cancellation. (2) Insurers subject to Chapter 48.15 RCW (Surplus lines): DNR shall be given 20 days advance notice of cancellation. If cancellation is due to nonpayment of premium, DNR shall be given 10 days advance notice of cancellation. In lieu of the coverages required under this section,DNR at its sole discretion may accept evidence of self-insurance by the Grantee, provided Grantee provides the following: Grantee shall provide a statement by a CPA or actuary, satisfactory to DNR that demonstrates Grantee's financial condition is satisfactory to self-insure any of the required insurance coverages. DNR may require Grantee to provide the above from time to time to ensure Grantee's continuing ability to self-insure. If at any time the Grantee does not satisfy the self- insurance requirement, Grantee shall immediately purchase insurance as set forth under this section. By requiring insurance herein,DNR does not represent that coverage and limits will be adequate to protect Grantee and such coverage and limits shall not limit Grantee's liability under the indemnities and reimbursements granted to DNR in this contract. The limits of insurance, which may be increased by DNR, as deemed necessary, shall not be less than as follows: 4 of 7 Agreement No.IAA-15-166/K244-13-UG-706 (1) Commercial General Liability(CGL) Insurance: Grantee shall maintain general liability(CGL) insurance, and, if deemed necessary as determined by DNR, commercial umbrella insurance with a limit of not less than $1,000,000 per each occurrence and$2,000,000 for a general aggregate limit. The products-completed operations aggregate limit shall be$2,000,000. CGL insurance shall be written on ISO occurrence form CG 00 01 (or substitute form providing equivalent coverage). All insurance shall cover liability arising out of premises, operations, independent Grantees,products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract), and contain separation of insureds (cross liability)conditions. (2) Employers Liability (Stop Gap) Insurance: If Grantee shall use employees to perform this contract, Grantee shall buy employers liability insurance, and, if deemed necessary as determined by DNR, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or$1,000,000 each employee for bodily injury by disease. (3) Business Auto Policy(BAP) Insurance: Grantee shall maintain business auto liability and,if deemed necessary as determined by DNR, commercial umbrella liability insurance with a limit not less than$1,000,000 per accident. Such insurance shall cover liability arising out of"any Auto." Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage and cover a"covered pollution cost or expense"as provided in the 1990 or later editions of CA 00 01. Grantee waives all rights against DNR for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. (4) Workers' Compensation Insurance: Grantee shall comply with all State of Washington workers' compensation statutes and regulations. Workers' compensation coverage shall be provided for all employees of Grantee and employees of any subgrantee or sub-subgrantee. Coverage shall include bodily injury(including death) by accident or disease, which arises out of or in connection with the performance of this contract. Except as prohibited by law, Grantee waives all rights of subrogation against DNR for recovery of damages to the extent they are covered by workers' compensation, employer's liability, commercial general liability or commercial umbrella liability insurance. Grantee shall indemnify DNR for all claims arising out of Grantee's, its subgrantee's,or sub-subgrantee's failure to comply with any State of Washington workers' compensation laws where DNR incurs fines or is required by law to provide benefits to or obtain coverage for such employees. Indemnity shall include all fines, payment of benefits to Grantee or subgrantee employees, or their 5 of 7 Agreement No.IA.A-15-166/K244-13-DG-706 heirs or legal representatives, and the cost of effecting coverage on behalf of such employees. Any amount owed to DNR by Grantee pursuant to the indemnity may be deducted from any payments owed by DNR to Grantee for performance of this Contract. (5) To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless DNR, its officials, agents and employees, from and against all claims arising out of or resulting from the performance of the Agreement. "Claim" as used in this agreement means any financial loss,claim, suit, action, damage,or expense, including but not limited to attorneys' fees, attributable for bodily injury, sickness, disease or death, or injury to or destruction of tangible property including loss of use resulting therefrom. Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's agents, employees, representatives, or any subgrantee or its employees. Grantee expressly agrees to indemnify, defend, and hold harmless DNR for any claim arising out of or incident to Grantee's or any subgrantee's performances or failure to perform the Agreement. Grantee's obligation to indemnify, defend, and hold harmless DNR shall not be eliminated or reduced by any actual or alleged concurrent negligence of DNR or its-agents, agencies, employees and officials. Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless DNR and its agencies, officials, agents or employees. 17.01 Complete Agreement in Writing.This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. 18.01 Contract Management.The Project Coordinator for each of the parties shall be the contact person for this agreement. All communications and billings will be sent to the project coordinator. 19.01 Project Coordinators. (1) The Project Coordinator for the Grantee is Colette Berna. Telephone Number 360- 473-5429. (2) The Project Manager for DNR is Linden Lampman, Urban and Community Forestry Program Manager,Telephone Number 360-902-1703. 6 of 7 Agreement No.IAA-15-166/K244-13-DG-706 IN WITNESS WHEREOF,the parties have executed this Agreement. Grantee Dated: , 20_ By: Title: Address: Phone: DUNS# STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: , 20_ By: Robert W. Johnson Title: Resource Protection Division Manager, Acting Address: 1111 Washington St SE MS 47037 Olympia,WA 98504-7037 Interagency Agreement Approved as to Form 9/29/97 By the Assistant Attorney General State of Washington 7 of 7 Agreement No.IAA-15-166/K244-13-DG-706 Attachment A 2015 Tree City USA Tree Planting Grant Proposa SEC 19 2014 RESOURCE PROTECTION APPLICATION FORM Project name (five words or less) Evergreen Rotary Park Shoreline Enhancement Location (City) Bremerton Tree City USA 0 Y ❑ N Name of Applicant (Organization) Bremerton Parks and Recreation Department Daytime Phone# 360-473-5305 Applicant's Federal I.D. Number-91-600-1231 Address of Applicant 680 Lebo Blvd. City Bremerton State WA Zip 98310 Contact Person Colette Berna, Park Development Planner Daytime Phone # 360-473-5429 Fax# 360-473-5882 E-mail Address colette.berna(cD-ci.bremerton.wa.us Project Category (select one; see grant application section 1.1 for category descriptions): Demonstration project ❑Replacement of trees lost to natural events ❑Strategic enhancement of urban forests 0 New planting for collective impact Brief Description of Project and Objective: This grant will fund the planting of approximately 30 trees along 600 linear feet of highly-visible saltwater shoreline to help beautify the park's waterfront, increase wildlife habitat, and prevent erosion and sedimentation into Puget Sound. Is this project currently funded through another entity? ❑ Yes 0 No Was this project previously funded through another entity? ❑ Yes 0 No DNR funds requested from budget work sheet $ 5,000 Applicant share from budget work sheet $ 2,500 In-kind share from budget work sheet $ Cash share from budget work sheet $ Total amount of project from budget work sheet $ 7,500 By signing this grant proposal application form, the undersigned agrees that all information is accurate to the best of their knowledge. W r 6 it K,"•'s'I A) 11-111119 Name and Title of huthorized Representative Date //7Signature of Auth ed Representative Date Revised 2015 TCUSA Tree Planting Grant Application_2015 Evergreen Rotary Tree Planting Project Providing Shoreline Enhancement for Puget Sound Project Overview The purpose of the Evergreen Rotary Park Tree Planting Project is to improve the water quality of Port Washington Narrows (a channel connecting Sinclair/Dyes inlets of Puget Sound), restore the shoreline habitat and provide aesthetic value to the southeast portion of Evergreen Rotary Park.This southern parcel was acquired in 2005 to continue the park's expansion and provide additional public waterfront access. Historically, this portion of the park was a bulk fuel and oil distribution site and has been in remediation since being acquired. Meanwhile,the City's sewer utility has operated a lift station on this parcel which has degraded the natural function of the shoreline in that area since its construction in 1972. In 2015,this portion of the park will undergo a major transformation when the Public Works department will abandon the sewer lift station and demolish the building and sewer beach main lines, allowing this portion of the shoreline to be restored with native vegetation: The Evergreen Rotary Tree Planting Project will provide the finishing touches to this work by others by planting approximately 30 trees along 600 feet of shoreline to enhance the near shore and estuarine habitat value, stabilize the shoreline, and filter impurities in runoff water through the tree's canopy and root system to reduce pollutant loading in Puget Sound. Project Benefits to Puget Sound The Port Washington Narrows is a constricted, 3-mile-long channel connecting Sinclair and Dyes Inlets,which are migratory and rearing areas for Puget Sound Chinook, coho, chum, steelhead, and cutthroat trout.This project will help to restore and enhance habitat by revegatating the shoreline to absorb and filter stormwater borne pollutants, establish habitat to protect the integrity of the food chain and stabilize the shoreline area through the growth of the tree root system.The end product will result in a reduction of bacteria, heavy metals and hydrocarbons entering Puget Sound through stormwater runoff.The improvement of water quality at the Park's saltwater beaches will increase recreation value of Evergreen Rotary Park and help transform this portion of the park into an environmentally responsible recreation facility. Evergreen Rotary Park Shoreline Enhancement Project Page I Project's Congruence with Organization's Goals Bremerton has been a Tree City USA for 18 consecutive years and takes great pride in the opportunity to expand the urban forest through tree planting in an area where water quality, habitat and passive recreational opportunities will each receive benefit. This project aligns with Bremerton Parks and Recreations short and long-range goals. The Department's 2014 adopted long range Parks, Recreation and Open Space Plan contain the following goals (pages 18, 22)that are consistent with the project: 3.2 Create an inventory of trees located on city property and a work program to ensure their health and longevity. 7.0 Protect and manage natural resources while encouraging appropriate public access and enjoyment 7.2 Manage vegetation in natural areas and natural areas within parks to promote native species for habitat values, control of invasive species and promotion of a healthy environment. 7.4 Actively involve volunteers and volunteer groups in the restoration of natural areas. (A link to the Parks, Recreation and Open Space Plan can be found at http://www.cl.bremerton.wa.us/forms/parks/PROS/PROS.Pdf The consulting firm Parametrix has been procured to provide design drawings for removal of the sewer lift station and beach water main as well as a conceptual landscape plan. Native tree species recommended for planting along the shoreline include Douglas Fir, Shore Pine, Cascara, Bitter Cherry, and Serviceberry. Project Management& Schedule The Bremerton Parks and Recreation Department is experienced in administering state and federal grants ranging in size from less to 10k to over one million dollars. Colette Berna, Park Development Planner,will serve as Project Manager on this project. As a Registered Landscape Architect, Ms. Berna contributes design,technical, project management and construction administration experience gained from a broad range of public and private projects for over 14 years in Alaska and the Pacific Northwest, Evergreen Rotary Park Shoreline Enhancement Project Page 2 Kevin McFarland, Certified Arborist with Sound Urban Forestry, will provide technical oversight during tree delivery, planting, and post-project inspection. Tom Cressman, Park Maintenance Manager, will assist in Construction Management and provide Facility Maintenance oversight upon the project's completion. Mr. Cressman's 17 years of experience with Bremerton Parks & Recreation have included a range of successful projects. The labor required for this project will be provided primarily by Parks Crew using backhoe equipment and volunteers where possible. The Parks Department regularly engages community volunteer groups and service clubs in projects and has received letters of support for this project from community groups such as Sustainable Bremerton, Washington State University Beach Watcher and Shoreline Educator Program, Rotary Club, Bremerton's Parks and Recreation Commission and the elected representative for City Council District 3, where Evergreen Rotary Park is located. The Project Schedule will be as follows: January 31, 2015: Notice of Award February 2015: Finalize Contract April 2015—May 2016: Period of Contract Performance Finalize Tree Planting Plan Source Trees Plant Trees Complete Project June 2016: Final Report& Request for Reimbursement Newly planted trees will be watered by an existing automatic irrigation system and will be maintained by the Parks & Recreation Maintenance Staff during daily patrols funded by the City of Bremerton's general fund. Evergreen Rotary Park Shoreline Enhancement Project Page 3 Project Recognition and Educational Outreach Evergreen Rotary Park is destined to become an environmental and educational showcase for the citizens of Kitsap County and beyond. The project will bring a great deal of visibility to the tree planting program as the shoreline restoration takes place in the city's most heavily-used park adjacent to a popular waterfront pedestrian trail. The park is also on the Kitsap Peninsula Water Trail which was recently designated as the first salt-water trail in the US to be incorporated into the National Parks Service Water Trail System.The Kitsap Peninsula Evergreen Rotary Park is one of 79 locations where paddlers can launch vessels and take breaks. Beyond water-based outdoor recreation, the NPS water trail system's aim is to encourage environmental stewardship of waterways; a goal consistent with this tree planting project. The project will also be publicized through the City's web-site and announced at City Council meetings recorded through BKAT(Bremerton Kitsap Access Television) airing to approximately 50,000 households throughout Kitsap County. Evergreen Rotary Park Shoreline Enhancement Project Page 4 Evergreen Rotary Tree Planting Project Three-Year Maintenance Plan Background: Tree species to be planted will include Douglas Fir, Shore Pine, Cascara, Bitter Cherry and Serviceberry. These species are recommended for the Evergreen Rotary Park shoreline by a local design consulting firm, Parametrix. Watering: The trees will be watered by an existing automatic irrigation system. Moisture levels at the base of trees will be monitored by full-time parks maintenance staff once per week (early spring to late fall) and adjustments made to ensure trees are not dry or overwatered. Mulch: A layer of 3 to 4 inches of high-quality mulch will be maintained around the base of each tree in a donut fashion. Mulch layer will surround the tree but not touch the trunk. Adjustments to the mulch will be made as needed during tree inspection. Mulch will be replaced annually. Staking: Staking will be done if recommended by the consulting arborist (Kevin McFarland, Sound Urban Forestry). If used, stakes will be removed one year following planting. Pruning: Inspection will be performed one year following planting. Should pruning be needed to improve tree structure, Arborist's recommendations will be followed. If pruning is needed, trees will be pruned prior to the growing season. City of Bremerton Parks and Recreation Department Fertilization: Trees will not be fertilized during the first 2 years. If it appears fertilization may be needed, staff will fertilize in the spring using the Arborist's recommendations concerning type and rate of fertilizer. If fertilizer application is needed care will be taken to prevent chemical runoff into adjacent Port Washington Narrows waterway. Protection Against Mower or Weed Trimmer Damage: Trees will be inspected weekly during the first 3 years to look for damage from mowers, insect infestation, animal damage, vandalism and signs of stress. Park Crew meetings routinely cover the need to take great care when mowing, weed eating, and aerating in the vicinity of all trees, particularly new plantings. Removal of Invasive Plant Species: Inspection will be made for growth of invasive plants that may compete with the new trees for water and nutrients. Invasive plants will be hand pulled to prevent chemical or mechanical damage to trees. City of Bremerton Parks and Recreation Department li- :3 li i December 17, 2014 Department of Natural Resources Urban Forestry Program PO BOX 47037 Olympia, WA 98504-7037 Dear Review Committee: The Bremerton Park and Recreation Commission wishes to express our enthusiastic support for the Evergreen Rotary Park Community Tree Planting grant application. The Evergreen Rotary Park Tree Planting project is an important step to enhance Bremerton's shoreline and protect Puget Sound water quality.The tree planting along the park's 600 linear feet of southeast shoreline will increase the park's wildlife habitat, prevent erosion,and lessen sedimentation into Puget Sound.The root system of the grant funded trees will help stabilize an area of shoreline that will be naturalized in 2015 after the removal of a sewer lift station and sewer beach mainline.The trees will also add beauty and recreational value to Evergreen Rotary Park,our most heavily-used park which contains 1,900 feet of saltwater shoreline. The Parks and Recreation Commission appreciate your consideration of this funding request and we look forward to working with DNR to improve our city by increasing Bremerton's native tree canopy. Sincere Colleen Smidt Bremerton Parks and Recreation Commission Chair WASHINGTON S lATI;UIQ J 7ERSI 1:Y �KIT5.4P COUNT EXTENSfON December 17, 2014 Department of Natural Resources Urban and Community Forest Program 1111 Washington St SE PO Box 47037 Olympia,WA 98504-7037 Dear Review Committee: On behalf of Washington State University(WSU)Stream Stewards and Beach Naturalists I am thrilled to present this letter of support for the Evergreen Rotary Park Community Tree Planting grant application. This project provides a great educational opportunity to enlist our volunteers to assist in tree planting along the shoreline to help beautify the park's waterfront,increase wildlife habitat,and prevent erosion and sedimentation into Puget Sound. This project will complement WSU Kitsap's ongoing efforts in the community to demonstrate the effectiveness of tree and shoreline planting to homeowners,developers,citizens,local government staff and elected officials.In addition to protecting natural resources,Evergreen Rotary Park has the potential become an educational showcase for restoring an urban waterfront park using environmentally sound techniques in the effort to protect Puget Sound.l look forward to a successful working partnership with Bremerton Parks and Recreation Department to help make this goal a reality. Sincerely, Renee Johnson WSU Kitsap Water Stewardship Program Coordinator Stream Stewards and Beach Naturalists 345 Sixth Street,Ste, 550 Bremerton,WA.98337 N'SU Errenston programs and emp]otment ate mmmlahle to all without discrimination. Evidence ofnancomplimlce ntcn•be repos ted through pour local FPSU Falenslon office. Reasonable acconnnodations hill be made for persons frith disabilities and special needs who contact Renee Johnson at 315 6i0 Street,Suite 550,13r•e+aer1011, 1114 98337 360-337-722¢Ajohn-valni co.6'itsa t crams at least ru o creeks prior to the even!. wwwsusU1nab1ebrem erton.org December 17, 2014 Department of Natural Resources Urban and Community Forest Program 1111 Washington St. SE PO Box 47037 Olympia, WA 98504-7037 Dear Review Committee: On behalf of Sustainable Bremerton I am pleased to offer this letter of support for the City of Bremerton's Community Tree Planting grant for Evergreen Rotary Park. This grant provides an extraordinary opportunity to enhance the southern portion of Bremerton's most visible waterfront parks by planting trees along 600 feet of shoreline to enhance the health of Puget Sound. Sustainable Bremerton is a group of individuals organized to promote sustainable living practices and polices among people, businesses, and public agencies. This project complement's Sustainable Bremerton's efforts to transform the City of Bremerton into a recognized leader in environmental, economic, and cultural sustainability; providing a high quality of life for the citizens of Bremerton today and for future generations. If funded, Sustainable Bremerton looks forward to a successful working partnership with the Bremerton Parks Department and may contribute volunteer hours as needed to assist in the tree planting. We thank you for encouraging the greening of our cities to reduce climate change and for providing the funding that will help build healthy communities and a healthy environment in our state. Sincerely, L�1— Shawn Dinkuhn Bremerton Resident Sustainable Bremerton, Past President DEpar�r,iant o Na.urai t�aacur4es Urban and Community Forestry Frog;F-,ii 1.11 Washington Street SE Olympia,WA 98507 December 27,2014, Dear Grant Review Panel Members: The Rotary Club of Bremerton has supported the maintenance and development of Evergreen Rotary Park for over 20 years.Our Rotary club supports the efforts of the Bremerton Parks Department to plant the park's saltwater shoreline with primarily native tree species and we are committed to helping the City in their efforts to restore this former industrial site to an aesthetically pleasing and ecologically functioning condition. The grant application to the Department of Natural Resources Orban and Community Forestry program is extremely important to our namesake park as the grant funded trees will provide shade,habitat, shoreline stability and add beauty.to the southeast portion of Evergreen Rotary Park. As a member of the Rotary Club since 2003,1 want to let you know how important Evergreen Rotary Park is to both our club and the thousands of Bremerton residents who use the part:regularly for exercise,community gatherings and relaxation.I hope you will look favorably upon this grant request. Sincerely, juv _y — Dale Holdren,MD President-Elect,Bremerton Rotary Club � -�--7 - December 17,2014 Department of Natural Resources Urban &Community Forestry Program PO BOX 47037 Olympia, WA 98504-7037 Dear Review Committee: As the elected representative for Bremerton City Council District 3,which is home to Evergreen Rotary Park, I want to lend my support to the city Parks and Recreation Department's application for grant assistance to plant trees in Evergreen Rotary Park. Evergreen Rotary Park is the most heavily-used park in Bremerton area owing to its 1,900 linear feet of saltwater shoreline, inclusive playground and recreation amenities. In recent years the 10-acre community park has been expanded to the south by adding 1.5 acres of waterfront property which is undergoing an environmentally friendly renovation that includes removal of a sewer lift station and restoration of the shore area to enhance passive recreation, habitat,and to help improve water quality of Puget Sound. The tree plantings described in the grant application would be of great value to the environment and to the large number of people who use Evergreen Rotary Park for outdoor recreation. Thank you for all your good work helping local Washington communities protect and enhance our urban forest. I am looking forward to working with you on Evergreen Rotary Park. Sincerely, erry McDonald Council Member, District 3 Bremerton City Council 1345 6°i Street,Suite 600;Rrcmerton. WA 98337 * Phone(360)473-5280 T SEE SNE71'La FOR PLANING OETMS'AND REOUImAQTIS. 1. THE CONTRACTOR 6 RESPONSIBLE FOR PROVIDING A FULLY FUNCTIONAL O PERMANENT VOCATION ATEA IRRIGATION SYSTEM WTIX POP-UP ROTOR SPRAY IRRIGATION FOR LAWN ----- ER 2. SHORELINE BUFFAND LDW SHRUB PLANTING ARM SHALL AREAS AND IRRIGATION ROTORS ON FRED REM FOR THE SHORELINE r/ - O IRRIGATION POINT OF CONNECTION(IY'MEW. RECEIVE 1 TO 2 FOOT TRICK LATER OF TOPSOIL TYPE Al MID 3 BUFFER PIAFROIG MFRS AND POP-UP SPRAY HEAD IMCATRIN FOR THE INCHES WOOD CNP MULCH SMALL SHRUB MEAS _ O EXISTING POWER FAME. _ 3. NEW LAWN MFRS SMALL RECEIVE 4 INCHES TOPSOIL TYPE Al 2 THE CONTRAC10R SXNl FURNISH THE OWNERS REPRESENTATIVE A PLIR FOR THE COMPLETE IRRY.ATION SYSIEN INE PAN 9MLL NCUIDE MAKE. 4 NATIVE TREES AND SHRUB MEAS SMALL BE PRESERVED AND MODEL AND LOCATION FOR ALL EQUIPMENT THE PUN SMLL INCWOE A PROTECTED WTIN:N WORK MEAS NOTIFY PROJECT REPRESENTATIVE CONNECTION To ETOSTPIC POW OF WNNEC110N 1111TH BMNFLOW 5 DAYS PRIOR TO START OF TXEAMNG ACTIVITY FOR ASSISTANCE PEVE LGN DEVICE ASSEMBLY AND QUICK COMM VALVE THE PLAN FL GW PLANES MLD AREAS TO PROIECF AND FOR APPROVAL OF SILL ALSO INCLUDE ALL NEW MAINLINES,IAM PffI1G.CONTROL CIDVONO LIMITS USE CRY HMD TOOLS AND METHODS WHEN VALVES,PRESSURE REDUCTION VALVES.FATEiS,DRIP TUBING FLUERRIO y WORKING ASIDE THE DRP LINE AREA OF EXTISTINO TREES AND VALVES,NR RELIEF VALVES COUPLING SEEING•CONTROLLER WIRE AND EXPAIMON OF DOSDNG CONTROLLER AS NEEDED TD CONTROL NEW // �r•� -�'Ar �„ rte` F"V1LON Z071E5. 5. L,OMEH SUBWAX SODS IN PLANTING MEAS 8Y RIPPED OR TILUNG THE AREA TO A DEPTH OF 12'JUST PRIOR TO PLACING 3 MICATION EOUPMEM 94OLL RDWN CLEAR OF ALL PAANW,WALLS, .•..i.'. V. 70PSA1. SPECIFW LLLY NOITREM AND OTHERED�IE PLANS OAMD ORRDRDRECIFD ELEMENTS OWNERS /' �.._••`,•C .!•••s• .}• ••y'._ _ _ B. PWRIDVG NEA LMf6 AND PUNTING LWA100 91ALL BE RLPIE9EIRATNE �•�y .`k•• h••'r• •,E'• �,W �:•.'.' STAKED N THE FIELD AND APPROVED BY PROJECT _ �,i• _ _ - - ya' .:..•.:.:.:..'R. ( \ FOR ALL MIRrATION LINES AND CONTROL WRES REPR6DITAINE PRIOR TO PANTING. 4. LANDER NEW AND DLSTINGPAVafENiS,WN13,CURBS, CONTRACTOR B ' ice" /17-- 7. ANY aaNE�s m PLANT MATERIAL.sar NL 9+Ac�T+G Mlar BE RES IONME FOR COORDINATION OF SLEEVING NsrNUTDN AND SPECIFIC �k a�..ay, -� �; �Mev THE PROJECT REPRESENTATIVE PRIOR ro BEYOND THE mT�L�ETEVRsrG AUAI ON OF MIRK EXTEND SLEEVING 1_O• I'.i.'•~.•'�• :': r��7_- — _+`\\\\ C �`�� IL PLANT SHORELINE TRIFFIER SHRUBS N SINGLE SPECIES GROUPS S MUNE PIPING LAYOUT.REEVES AND VALVE LOCATIONS SMALL BE STAKED •a. ' ' / •J� \ �. __ !i OF BEIWEDL 3 AND 12 N FIELD BY EANTRACTOR MAKING AND FRESURE SMALL BE APPROVED IW O NEL+'s REPRESENTATIVEMMTO NsrNLAnaL S. VERIFY SGTC WATER PRESSURE AT PAC PRIOR TO BEGINNING WORK S'UMU RESULTS N LRaTNG TO OWNERS RFPRESDUATIVE PRIOR TO INSTALLATION OF WOM 7. SET VALVE BOXES SQUARE TO ADJACENT BUILDING OR DAVM _ S. ALL LAWN AREAS SMALL BE IRRIGATED WITH 4'POP UP ROIDTI HEADS. SHORELINE BUFFER PLANTING BE!IRRIGATED'ITH�GN FD®RISER EADS.SXALL S!"AREAS SMALL BE ATED WITH Tr •{ \ o _ AGN r-— PGP-IIP SPRAY HEADS. CONTRACTOR SM4IL MAKE ANY AND ALL REQUIRED ADJUSnEJRS TO THE ` E 2 - -__ -- -- PLANT LIST MWIGN PLAN TO ASSURE COMPLETE AND ADEQUATE CowvSIL - - - BOTANICAL NAMEGOIAMON NAME SIZEICONDITiDN NOTES OTY X ELINE UFFERTREES FRAI@DS UREOLA OREGON ASH 2'CAL/BVEROOT OR COM LOCATE PER PLAN 2 PENIS COHTORTA SHOE PINE V-S'TNLfBUEAODT OR COM LOCATE PER PUN 2 PRLINUSSEUDD EMMNMTA BRIER S FIR W-I.SCAAWBI.RODf OR CO SALE 15'OC 10 PBElDDI5l1OA 1Q1aF91 DOUGLAS FM 6'�'TALL/84fEAD0T OR COM IA01fE PER PUN B .. f:T. + RIYMNUS PUfa41YiNA CASCYtA 19 UdfBARD100T OR CONT SPACE 15'OC 3 --- —-- 'n•'__----- - _ �'� - - / BHORElR1E BUFFER 6NRU88 _______==___ .�•__._•- -'______ - - -_ __ __ .. __ __ C• �Y /1/ AMFINEGHER W MILIA, SEIMMERRY 12'M/BNFROOT LM CORI SPACE 5'OC 35 ; L; / RISA WOOp91 110W3 ROSE 12'M/BFRFAOOT OR l7Xlf SPACE S'OC 175 yx, ��J• .- 1L 1________________ -- _ _ w- _-_ -_:-�I ! yp/l[L 5'OC Ia0 d' /; \ ,`] __ '- •-• ___ _ - __-__ - STIAP OROCINPOS MOUS SNOWEN RRY 12 KrAW RODT OR CONE -Q --- - - - _1 /J --__ -- ==, r - - - - CA LTHERM SIMLLDH SINAL h CartIBAREROCT OR Curt SPNa LV OC W LOW SHRUBS ��• }� • y -- - _- - - - - / MWHDNREPETS CREEPING /1 CGNf/BAAEROOT OR CONT SPACE 23'oc 40 _ // J t•JORP TREES 0 ll.LIS AL A7iNR191DTCROWN OV( SPIE 2.5-WIBALLFD 3 BUI6MED MAIMED SET 5 GIANT REDWOOD B'TAU4BMIFD!SURIAPED FILLY BRANCHED 2 r 1 TRANSPLANTED TREES -m /' _ TRANSPLANTSEE SHEET EPI TREES SHOWN To LOCATIONS s / % 1, �/ i 100%REVIEW SUBMITTAL NOT FOR CONSTRUCTION REVISIONS iFID ooGIt CITY OF BREMERTON WASHINGTON AVENUE COMMUNITY BOULEVARD Ha Its DALE BY ® DEPARTMENT OF PUBLIC WORKS A UTILITIES EP6 rwomwesnr ruLL seise ENDINEERING DIVISION EVERGREEN PALO( 6NEEi r°arsuE•cEa,rnnr LANDSCAPE PLAN s Xre}..UensSYve SCALE omaem LHIA,AI HW a AF7D89tl Orm71 Er:A sT 96 COMM NT NUR•2 AS AIM �AS ADM OM"N/imms wm vs ODEA dOL`1/.q/fe WASL vr.! ILII! I: Attachment B BUDGET WORKSHEET Applicant: Bremerton Parks and Recreation Department Project Name Evergreen Rotary Park Shoreline Enhancement ITEM Grant Applicant In-Kind Cash TOTAL Share Share Share Donation 30 Trees 1.5"-2.5" cal. $150/ea. including delivery $4,500 $4,500 and staking if needed) Bark mulch, 3" depth approx. 17 c $30/cy $500 $500 Consulting Arborist needed to complete ISA Certified $300 $300 Arborist Inspection Form 4 hrs @ $75/hr Parks Laborer(s), 55 hrs @ $2,200 $2,200 $40/hr TOTAL $5,000 $2,500 $ $ $7,500 TCUSA Tree Planting Grant requests may not exceed $5000 Revised 2015 Community Forestry Assistance Grant Application-2015 Attachment C MINIMUM FEDERAL PROVISIONS The Sub-recipient shall comply with all applicable federal, state and local laws,rules and regulations in carrying out the terms and conditions of this agreement. "Sub-recipient"means the agency, firm,provider, organization, individual, or other entity performing services under this Agreement and shall include all employees of the Sub-recipient. The following list identifies specific federal provisions that may apply to the Sub-recipient under this Agreement but does not identify all such provisions. 1. Cost Principles. By accepting Federal assistance, the Sub-recipient agrees to abide by the applicable Office of Management and Budget(OMB) Circulars in in the expenditure of federal funds and performance under this program. Below are the applicable Circulars. OMB Circular A-87—Cost Principles for State,Local and Indian Tribal Governments (2 Code of Federal Regulations (CFR) part 225). OMB Circular A-122—Cost Principles for Non-Profit Organizations (2 CFR part 230). 2. Administrative Requirements. OMB Circular A-102—Grants and Cooperative Agreements with State and Local Governments (7 CFR 3015,7 CFR 3016, 2 CFR 225) OMB Circular A-110—Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations (2 CFR part 215). 3. Audit Requirements. OMB Circular A-133—Audits of States, Local Governments, and Non-Profit Organizations. Only non-federal entities that expend$500,000 or more federal awards in a year are required to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996, as amended, OMB Circular A-133. Sub—recipients expending less than $500,000 in a year are exempt from federal audit requirements but must make records available for review or audit by federal agencies or DNR(7 CFR part 3025). 4. Executive Compensation. Sub-recipients must report the names and total compensation of each of the Sub-recipient's five most highly compensated executives for the Sub- recipient's preceding completed fiscal year to DNR by the end of the month following the month of the effective date of this Agreement, if: In the Sub-recipient's preceding fiscal year,the Sub-recipient received- Attachment C i.) 80 percent of more of its annual gross revenues from Federal procurement contracts(and sub-contracts)and federal financial assistance subject to the Transparency Act, as defined a 2 CFR § 170.320 (and sub-awards); and ii.) $25,000,000 or more in annual gross revenues from federal procurement contracts (and sub-contracts)and federal financial assistance subject to the Transparency Act, (and sub-awards); and iii.) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a) 78o(d)) or section 6104 of the Internal Revenue Code of 1986. 5. Trafficking in Persons. The following prohibition statement applies to Sub-recipient, and all Sub-awardees of the Sub-recipient. Sub-recipient must include this statement in all sub-awards made to any private entity under this agreement. YOU AS THE SUB-RECIPIENT,YOUR EMPLOYEES,SUB-AWARDEES UNDER THIS AWARD,AND SUB- AWARDEES' EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME THAT THE AGREEMENT IS IN EFFECT;PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME THAT THE AGREEMENT IS IN EFFECT;OR USE FORCED LABOR IN THE PERFORMANCE OF THE AGREEMENT OR THE SUB-AWARDS UNDER THIS AGREEMENT. SUB- RECIPIENT MUST INCLUDE THE ABOVE REQUIREMENTS IN ANY SUB-AWARD UNDER THIS AGREEMENT. 6. Eligible Workers. Sub-recipient shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act(8 USC § 1324a). Sub-recipient shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any sub-award under this agreement. 7. DUNS and CCR Requirements. Unless otherwise exempted from this requirement under 2 C.F.R § 25.110, Sub-recipient must maintain the currency of its information in the Central Contractor Registration (CCR) until submission of its final financial report required under this Agreement or Sub-recipient receives final payment, whichever is later. Sub-recipient may not make a sub-award to any entity unless the entity has provided its Dun and Bradstreet Data Universal Numbering System (DUNS) number to Sub-recipient. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet(currently at http://fcdgov.dnb.com/webform). 8. Debarment and Suspension. Sub-recipient certifies that neither it nor its principals are presently debarred, declared ineligible, or voluntarily excluded from participation in transactions by any federal department or agency. Sub-recipient shall immediately inform the Federal funding agency and DNR if they or any of its principals become excluded, debarred, or suspended from entering into covered transactions with the federal government Attachment C according to the terms of 2 CFR Part 180. Additionally, should Sub-recipient or any of its principles receive a transmittal letter or other official federal notice of debarment or suspension they shall notify the Federal funding agency and DNR without undue delay. This applies whether the exclusion, debarment or suspension is voluntary or involuntary. Sub-recipients are prohibited from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. "Covered transactions"include those procurement contracts for goods and services awarded under a non-procurement transaction (e.g., grant or cooperative agreement) that are expected to equal or exceed $25,000 or meet certain other specified criteria. 2 C.F.R. § 180.220 of the government-wide non-procurement debarment and suspension guidance contains those additional circumstances. All non-procurement transactions (i.e., sub-awards), irrespective of award amount, are considered covered transactions. When a Sub-recipient enters into a covered transaction with an entity at a lower tier, the Sub- recipient must verify that the entity is not suspended or debarred or otherwise excluded. This verification may be accomplished by checking the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA), collecting a certification from the entity, or adding a clause or condition to the covered transaction with that entity (2 C.F.R. § 180.300) 9. Drug-Free Workplace. Sub-recipient agrees to make a good faith effort, on a continuing basis, to maintain a drug-free workplace as a condition for receiving this sub-award. Sub- recipient shall: a) Publish a drug-free workplace statement and establish a drug-free awareness program for its employees; and b) Take actions concerning employees who are convicted of violating drug statues in the workplace. Sub-recipient shall identify all known workplaces under this Agreement and keep this information on file during the performance of this agreement. 10. Non-Discrimination. During the performance of activities under this Agreement, the Sub-recipient shall comply with all federal and state non-discrimination laws,regulation and policies. In the event of the Sub-recipient's non-compliance or refusal to comply with any non-discrimination law,regulation or policy,this Agreement may be rescinded,cancelled or terminated in whole or in part,and the Sub-recipient may be declared ineligible for further agreements with DNR. Attachment C In accordance with Federal law and U.S. Department of Agriculture/Department of Interior policy,this institution is prohibited from discriminating on the basis of race,color, national origin, sex, age or disability. USDA—To file a complaint of discrimination write USDA,Director, Office of Civil Rights, Room 326-W,Whitten Building, 1400 Independence Avenue SW,Washington, D.C. 20250-9410 or call (202) 720-5964. DOI—The formal complaint should be filed by you or your representative, using Department of the Interior Form DI-1892, with the Bureau or Office EEO Officer where the alleged discriminatory incident occurred or with the Director, Office for Equal Opportunity, 1849 C Street N.W., MS-1442 MIB,Washington, D.C. 20240. The DI- 1892 form may be obtained from the EEO Counselor or the Bureau EO Office. If you are filing a complaint against another agency go to litth://www.hlis.gov/ocr/civilriglits/complaints/index.htm1, for more information. 10. Lobbying. Sub-recipient shall not use funds from this Agreement to pay any person for influencing or attempting to influence an officer or employee of Congress,or an employee of a Member of Congress, in connection with the awarding of any federal contract;the making of any federal grant; the making of any federal loan; the entering into of any cooperative agreement; and the extension, continuation,renewal,amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement,the Sub-recipient shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. Sub-recipient shall include the above language in documents for all sub-awards under this Agreement at all tiers. Note: For further information related to federal requirements that may apply to Sub-recipient under this Agreement, go to: http://www-.whitehouse.gov/omb/arants AGENDA BILL 5T CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3244 changing Study Session Date: March 25, 2015 the name of East Park Nature Area to COUNCIL MEETING Date: April 1, 2015 Madrona Trails Department: Parks and Recreation Presenter: Wyn Birkenthal Phone: (360) 473-5752 SUMMARY: The East Park Nature Area is a 15.4-acre forested area lying east of the Harrison Medical Center and west of the Bremerton Family YMCA. The parcel derived its name from "East Park Navy Defense Housing Area," the Federal Government's title for the property prior to the City acquiring it for recreational purposes in 1969. The 2014 Parks, Recreation and Open Space Plan recommends expansion of the trail system and a trail connection to adjacent residential development, along with installation of entry signage. Prior to fabricating signs, a name change to "Madrona Trails" is proposed to better promote the forested area's unique prevalence of madrona trees. The name change would make it easier for citizens to identify the name with the area's primary feature and prevent confusion with East Park, a developed City park located east of the natural area. The name change to Madrona Trails was recommended by the Parks and Recreation Commission on February 24th, 2015. ATTACHMENTS: 1) Resolution No. 3244 2) Public Service Announcement 3) Public Comments 4) Parks and Recreation Commission February 24 Meeting Minutes 5) Sign Options and Trails Plan FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3244 changing the name "East Park Nature Area"to "Madrona Trails". COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 RESOLUTION NO. 3244 A RESOLUTION of the City Council of the City of Bremerton, Washington renaming the "East Park Nature Area" to "Madrona Trails." WHEREAS, The East Park Nature Area is a 15.4-acre forested area lying east of the Harrison Medical Center and west of the Bremerton Family YMCA; and WHEREAS, The parcel derived its name from "East Park Navy Defense Housing Area,"the Federal Government's title for the property prior to the City acquiring it for recreational purposes in 1969; and WHEREAS, The 2014 Parks,Recreation and Open Space Plan recommends expansion of the trail system and a trail connection to adjacent residential development, along with installation of entry signage; and WHEREAS, Prior to fabricating signs, a name change to Madrona Trails is proposed to better promote the forested area's unique prevalence of madrona trees; and WHEREAS, The name change would make it easier for citizens to identify the name with the area's primary feature and prevent confusion with East Park, a developed City park located east of the natural area; and WHEREAS, Chapter 2.82 of the Bremerton Municipal Code authorizes the City Council to name City parks following review by the City Parks and Recreation Commission; and WHEREAS, on February 24th, 2015, the City Parks and Recreation Commission approved a recommendation that the "East Park Nature Area"be renamed "Madrona Trails"; and WHEREAS, City Council desires to rename the East Park Nature Area to Madrona Trails; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The "East Park Nature Area" is hereby renamed"Madrona Trails". SECTION2. Severability. If anyone 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 3. Effective Date. This resolution shall take effect and be in force immediately upon its passage. 1 Madrona Trails PASSED by the City Council of the City of Bremerton, Washington this day of , 2015. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk R:\L.egal\l.egal\Resolutions\Parks\Resolut ion Renaming Eastpark to Madrona Trails.doc 2 Madrona Trails Attachment 1 PARKS & RECREATION 680 LEBO BOULEVARD BREMERTON, WA 98310-5841 I TEL:360.473.5305 FAx:360.473.5882 www.ci.bremerton.wa.us February 12, 2015 NEWS RELEASE Contact: Jeff Elevado IMMEDIATE RELEASE Recreation Manager Do not use after 2/24/2015 (360) 473-5428 Jeff.Elevado(&ci.bremerton.wa.us SUBJECT: Bremerton Parks and Recreation Commission regular monthly meeting. The Bremerton Parks and Recreation Commission will hold its next meeting on Tuesday, February 24th at 5:30 PM. The Commission is considering a name change for the 15.5 acre nature area and trail system located in East Bremerton near Harrison Medical Center and East Park and is seeking public input. Suggested names include: Madrona Nature Area, Madrona Forest and Madrona Trails. This meeting will be held at the Sheridan Park Community Center located at 680 Lebo Blvd., Bremerton. The public is encouraged to attend and invited to provide comments and input. Written comments are welcome. For additional information regarding this public meeting please contact the Bremerton Parks & Recreation Department at (360) 473-5305. Attachment 2 Colette Berna From: Wyn Birkenthal Sent: Tuesday, February 17, 2015 4:52 PM To: Colette Berna Subject: FW: East Bremerton Trail Naming... Wyn Birkenthal Parks and Recreation Director OFFICE (360) 473-5752 MWO_____. MAIN (360) 473-5305 www.ci.bremerton.wa.us From: Faye Flemister [mailto:faflemisterlecimail.com] Sent: Tuesday, February 17, 2015 4:49 PM To: Wyn Birkenthal Subject: East Bremerton Trail Naming... Hello Wyn....just thought I would comment on East Bremerton Trail System naming....I personally like "Madrona Trails"..have a good meeting. Faye Flemister Moving Forward 1 Colette Berna From: Wyn Birkenthal Sent: Tuesday, February 24, 2015 2:09 PM To: Colette Berna Subject: FW:Madrona Trails Wyn Birkenthal Parks and Recreation Director OFFICE(360)473-5752 MAIN (360)473-5305 www.ci.bremerton.wa.us -----Original Message----- From: Richard Nerf[mailto:rbnerfir@comcast.netl Sent: Monday, February 23, 2015 5:21 PM To:Colleen Smidt;Wyn Birkenthal Subject: Madrona Trails Colleen,Wyn, The Navy Joint Land Use meeting conflicts with tomorrow's Parks&Rec meeting, so I'm emailing in my vote for "Madrona Trails"as the name for the ex-East Park Nature Area. I think the emphasis on trails is much more likely to produce appropriate use than "natural",which might even tend to imply exclusion. FYI:The long-time waitress at the Thai restaurant across the street from the"Trails"was unaware of the existence of the property,so there's a lot of upside into getting a sign at the trailhead. Richard Nerf 1 BREMERTON PARKS & RECREATION COMMISSION Attachment 3 REGULAR BUSINESS MEETING Minutes of February 24th, 2015 Attendance: Colleen Smidt, Tim Baker, David Hedger, Richard Huddy, Pat Watson and Sunny Wheeler Staff: Wyn Birkenthal, Colette Berna, Tom Cressman and Jeff Elevado I. Meeting Called to Order at 5:30 p.m. by Chairperson Smidt. II. Approval of Minutes: A motion was made to approve the minutes for the January 27`h, 2015. Huddy/Baker(M/S/U) III. Public Comment: NA IV. Business Items: a. Naming of East Park Nature Area Colette Berna provided a map with proposed trail heads and shared information regarding a recent cleanup project. The trails will require signage which provides an opportunity to rename the area with a name that is more descriptive of the location. A Public Service Announcement was sent out with the following proposed names: East Park Nature Area(current name); Madrona Trails; Madrona Forest and Madrona Grove. Colette share comments received from the public. Former City Council member Faye Flemister preference is "Madrona Trails"and former Parks& Recreation Commissioner Richard Nerf also preferred "Madrona Trails". Commissioner Huddy asked how we came up with "Madrona". Mrs. Berna explained that it is a unique forest area comprised of many Madrona trees and shared their importance to habitat. Commissioner Baker stated his preference was to distance ourselves from both the East Park and West Park names. Discussion followed on how the public identifies the East Park area and property. Commissioner Hedger said he like "Madrona Trails" because it describes what it is. Commissioner Watson said that because it is a forest he likes"Madrona Forest" or"Madrona Forest Trails". Commissioner Wheeler said she likes"Trails" and feels the area is more of a grove than a forest. A motion was made to recommend renaming the East Park Nature Area, "Madrona Trails". Hedger/Wheeler(M/S/5 yes, 1 no (Huddy)) b. Parks and Recreation Foundation Discussion Wyn Birkenthal share that City Council was provided with the Parks & Recreation Commission's Short Term Funding Recommendations, a compendium of alternative funding sources dating back to 2011 and the recommendations of the Cary Bozeman lead Funding Task Force prior to their February 2015 retreat. He stated that City Council was most interested in the formation of a Parks and Recreation Foundation. Mr. Birkenthal provided examples of departments that have formed and operate foundations. Commissioner Hedger provide an overview of how the Kitsap Foundation operates and his vision of how a Parks foundation might be formed. He shared the benefits of operating under the umbrella of a community foundation over a private foundation. Fund growth examples were distributed and discussed. Discussion followed regarding dividing parks into districts and how a Donor Board might be established. Commissioner Wheeler expressed her concerns with dividing city parks into districts. She noted the disparity of income levels as well as number of parks in each district. She stated she preferred one park foundation and to go through the Kitsap Foundation. Discussion followed about bequest opportunities as well as targeting donations to specific use. Commissioner Huddy asked what the Commission was trying to achieve with a foundation. He asked how the foundation fits in to an overall plan. Discussion followed regarding where funding for parks comes from and what it funds are needed to operate the department. Wyn Birkenthal said information will be provided on the department's overall funding need. He recommended that we contact Kent or the Key Peninsula to share how their foundations were established and working. Discussion followed regarding the financial goal, what we are trying to achieve and if this mechanism is going to get us to the goal. Colette Berna made reference to the Parks, Recreation and Open Space Plan and how the capital needs are addressed in it. c. Arts Commission Update Wyn Birkenthal explained that the 1% for the Arts and the Arts Commission were put on hiatus in 2011 due to budget reductions. The administration wishes to reestablish the 1% for the Arts program and reconvene the Arts Commission to be supported by the Parks & Recreation Department. This item will go to City Council on Wednesday, February 25cn Commissioner Wheeler said that the art located at Evergreen need maintenance. Mr. Birkenthal stated that the I%for the Arts fund can be used for maintenance of existing art. He then provided an explanation of the types of projects that contribute to the fund. V. Staff Reports: Wyn Birkenthal, Parks and Recreation Director: Reported that the electrical cabinet for the Pendergast parking lot and outdoor soccer fields had been hit by a car and damaged beyond repair. The department has placed temporary portable lighting until the unit can be replaced. Replacemenf cost is estimated at approximately $75,000. Discussed public access to the City's watershed. A video about Bremerton's water system and drinking water was shown. Colette Berna, Parks Preservation and Development Manager: Awarded a Department of Natural Resources no match tree planting grant for$5,000 to be used at Evergreen Park as part of the Washington Avenue project. Reported that a tree has been selected for the annual Arbor Day tree planting. A Sequoia tree has been selected and the location being considered is 11`n and Warren Ave. Reported that a highway improvement grant that Public Works has will pave Austin Drive, providing an opportunity to work with them on traffic calming options. Working on permitting for Lillian Walker Park. Tom Cressman, Park Maintenance Manager: Crews are working down town. Fountains should be up and running next week. WET Design is on site help trouble shoot pumps. Flowers will arrive next week for baskets. "No Smoking" sign installation nearly complete. Ball fields being prepped for the upcoming season. New equipment to include a 7-gang mower and new tractor. Jeff Elevado, Recreation Manager: Held the 79th annual Goldenball Tournament this weekend concluding the 2015 Boys Basketball League. Special thanks to Kiwanis for providing shirts and presenting the championship trophy. Demolition begun on the old restroom on the Cascade course at Gold Mt. Golf Course. Reported on the water leak in the swimming pool men's locker room. YMCA maintenance staff is investigating it and will initiate repair. VI. Commissioner's Comments and Questions: Commission Baker shared that he had shown Wyn Birkenthal and Colette Berna the area of the watershed belonging to Public Works that would provide a connection to the Gold Mt. trail system. He provided information on the benefits of bicycling to Bremerton. Commissioner Watson reported that Bremerton's first Marathon and Half Marathon will be held on April 18th and be starting at Evergreen Park. VII. Adjournment: Chairperson Smidt adjourned the meeting at 7:32 p.m. Next Parks and Recreation Commission regular monthly meeting scheduled for Tuesday, March 24th, 2015, 5:30 p.m. at the Sheridan Park Community Center Conference Room. lAttachmen EAST PARK MADRONA TRAILS NATURE AREA CITY OF BREMERTON CITY OF BREMERTON Existing Name Proposed Name MADRONA MADRONA GROVE FOREST CITY OF BREMERTON I CITY O MM DM FERTON L r, R y` f� 9 •��j �" f !� y. Y .' V New Trails 4 p R New Trailhe S'gnOg 4 Existing Trails' 1 - New hailhead Signage R* `t. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Re-appointment of Study Session Date: March 25, 2015 Jose Maldonado (Baymont Inn and Suites) COUNCIL MEETING Date: April 1, 2015 to the Lodging Tax Advisory Committee Department: Executive Presenter: Mayor Patty Lent Phone: (360) 473-5266 SUMMARY: RCW 67.28 requires at least two representatives from businesses that collect funding for the hotel-motel tax to serve on the Lodging Tax Advisory Committee. It is recommended that Jose Maldonado (Baymont Inn and Suites) be reappointed to the committee for a three-year term that ends April 3, 2018. ATTACHMENTS: Application available in the Mayor's Office FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: Z No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the reappointment of Jose Maldonado to the Lodging Tax Advisory Committee. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON 613 CITY COUNCIL SUBJECT: Confirm Appointment of Study Session Date: March 25, 2015 Shayna McKinnon to the Parks and COUNCIL MEETING Date: April 1, 2015 Recreation Commission Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: There is a vacancy on the Parks and Recreation Commission due to the resignation of Richard Nerf. It is recommended the vacancy be filled by Shayna McKinnon. ATTACHMENTS: Shayna McKinnon's application for appointment is available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Shayna McKinnon on the Bremerton Parks and Recreation Commission. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approval of Grants for Study Session Date: March 25, 2015 Transportation Projects COUNCIL MEETING Date: April 1, 2015 Department: PW& U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The City has been awarded three grants to design and construct transportation improvements citywide. (1) Bremerton Crosswalk Improvements - a $692,000 grant from the Puget Sound Regional Council for non-motorized improvements at several intersections. (2) Austin Drive Pavement Preservation - a $692,000 grant from the Puget Sound Regional Council for a pavement overlay of Austin Drive from Kitsap Way to Erlands Point Road. And (3) Bremerton Highway Safety Improvements Phase 2—a $1,085,100 grant from WSDOT for intersection safety improvements. All three grants will be in WSDOT standard form with their standard terms and'conditions. ATTACHMENTS: Site maps for each grant FISCAL IMPACTS (Include Budgeted Amount): The Bremerton Crosswalk Improvement grant requires a 13.5% match ($108,000) identified to come from the Street Fund; the Austin Drive grant requires a 13.5% match ($108,000) identified to come from the TBD; the Bremerton Highway Safety Improvements grant requires a 10% match for design only ($14,900) identified to come from the Street Fund. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Local Agency Agreements with WSDOT for the Austin Drive Pavement Preservation project, the Bremerton Crosswalks Improvement Project, and the Bremerton Highway Safety Improvements Project Phase 2 and authorize the Mayor to finalize and execute the agreements with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ERLANDS POINT AND AUSTIN DR. VICINITY MAP PAVEMENT PRESERVATION APPLICATION ,�rl ; o. i .# 1 ►` 1 Woo, ks O I.. 26 KITSAP WAY AND AUSTIN DR. 41. 1i FIGURE 1 L 17 .rr jlL if fy I \A �LAJ'L. Id-JL ZL IL -J vi -Fa L►Ll k7. JA FI r�ji Ri —J L.IlJ IL 4c JU i Lli J [I L ----1 �jj i L ni f 1.L I lel F.T. A......I ytmt l F Pt M 1 -17 iI jij LJ!"! LL lz L rl BREMERTON HIGHWAY SAFETY IMPROVEMENT PROGRAM CANDIDATE INTERSECTIONS FOR IMPROVEMENTS HSIP PHASE 2 LOCATIONS HIGHLIGHTED SCALE=1'=1400' 5•n ��(A� `�+. n ,• 1 1 '�: vac .: rev•. %' � �... r ��''. - - - _• , _-`�� •it t� 'i:l �e ''k,. -}' a � .Z �•� r—_ rA. LO Lij IF CD ID cl LL '.- c. 'tr` > J �y� J! ;'� CITY OF BREMERTO Approval of Grants for Transportation Projects April 1 2015 g Fundis Awarded ILB MR-ERW®R0111 Grant Funds from PSRC ■ Austin Drive Pavement Preservation 3 ■ Maintenance & Preservation Program ■ $692,000 Grant, $108,000 match ( 13.5%) from TBD --_ ■ Bremerton Crosswalk Improvements ■ Non-motorized Improvement Program ■ $692,000 Grant, $108,000 match ( 13.5%) from Street Fund Grant Funds from WSDOT m Bremerton Highway Safety Improvements — Phase 2 ■ Highway Safety Improvement Program ■ $1 ,085, 100 Grant, $14,900 match ( 10% of design) from Street Fund 1B Project SCO e P crry� O�r s Austin Drive Pavement Preservation - $800 , 000 project m Digouts and overlay Austin Drive between Kitsap Way and Erlands Point 2015 Design . • Construction VICINITY MAP PAVEMENT PRESERVATION7. -✓ `U �. l 00, i; 3 a AUSTIN DRIVE NW pis STATE HIGHWAY 3 S1Pt��`G �� J �50uP © - - • • • - - of • • • • • - KITSAPII �1NAY AND HARLOW DR. HIGM`AVENUEAND 11-T'H ST:: -` KITSAP WAY-AND- 11TH ,ST HIGH-AVENUE AND. 6TH'.8T- „ " L;� SR304 AND 1 ST:ST.: -1 s Cus,a co�, Project Scope o ' O Highway afetyPhase2 - 1 , 100 ,000 project 0 Design & Construct Pedestrian Improvements at 7-locations: Montgomery, 6th & Callow, - 14 : Callow, Sheridan(SR304) & Montgomery, Burwell (SR304) & High, Burwell (SR304) & - . • - 1 2015 Design , 1 • Construction ;SHERIDAN AND WHEATONNVARREN (SR303) -._ BURWELL(SR304) AND CHESTER AVE.• - • BURWELL(SF�304) ANDHIGH:AVE. _ MONTGOMERY AVE.,AND 11TH ST. � '• - :• - BURWELL(SR304)A(VD'CALLOWAVE. .1 BURWELL{SR304)AND MONTGOMERY AVE. _ - _ .-. ' �I� Council ActionI"B 125 1 BREnaERTOO N Requested Action : ■ Approve the Local Agency Agreements with WSDOT 1 ` = Z - O � ~ r W< V W m ILi I - i ry `r I O fillf ,I LI AGENDA BILL CITY OF BREMERTON 41) CITY COUNCIL SUBJECT: Award Construction Contract to Study Session Date: March 25, 2015 RV Associates for Washington Avenue COUNCIL MEETING Date: April 1, 2015 Community Boulevard and Establish Project Department: PW& U Budget Presenter: Chal Martin/Tom Knuckey Phone: (360) 473-2376 SUMMARY: The project includes bicycle and pedestrian improvements on Washington Avenue from 5th Street to the Manette Bridge—this work includes installation of 5-ft wide bike lanes, wider sidewalks, landscaping, street lighting, and associated utility improvements. The project also revises sanitary sewer service for the adjacent homes which will pump into a new sewer main in Washington Avenue. Abandonment of the existing beach sewer will occur between pump station CE4 at the Louis Mentor Boardwalk all the way to the former Chevron Property. Sewer abandonment at the former Chevron Property includes abandonment of pump station CE3 and associated utilities—this work is coordinated with Park improvements to integrate the property into Evergreen-Rotary Park. There were 3 bids. RV Associates was the lowest responsible, responsive bidder in the amount of $2,852,704.84 (which includes sales tax). ATTACHMENTS: 1) Council Summary; 2) Bid Tabulation; and 3) Contract FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2015 Capital Budget. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award the construction bid for the Washington Avenue Community Boulevard Project from RV Associates in the amount of$2,852,704.84 (which includes sales tax); 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 01/07/15 Washington Avenue Community Blvd-Council Summary REVENUE Total Street Parks Water WW Stormwater Bike Pedestrian Grant 1,700,000 1,700,000 - - - - Arterial Street Fund 14,403 14,403 - - - - Reet Fund (Park) 187,307 - 187,307 - - - Bremerton Towers- Developer Reimbursement 329,670 329,670 - - - - Communication Utilities Reimbursement 43,050 43,050 911 Park Committee 4,000 - 4,000 - - - Water Fund 571,470 - - 571,470 - - Wastewater Fund 1,215,360 - - - 1,215,360 - Stormwater Fund 434,740 - - - - 434,740 Total Revenue 4,500,000 2,087,123 191,307 571,470 1,215,360 434,740 EXPENDITURES Design 344,197 198,250 20,000 19,258 68,173 38,516 Construction 2,852,705 1,304,199 122,265 443,772 667,296 315,173 Construction Mgmt- Parametrix 183,962 84,105 7,884 28,617 43,032 20,324 City Labor 202,000 92,350 8,658 31,424 47,251 22,317 Permitting- Parametrix 23,210 14,879 - 1,522 4,108 2,701 Testing Lab/Other Consulting 20,000 12,500 2,500 2,500 2,500 - Miscellaneous Costs 420 420 Purchase& Demo-646 Washington 183,000 - - - 183,000 - Utility Costs-Schedule 74 250,000 250,000 - - - - Contingency 440,506 130,420 30,000 44,377 200,000 35,709 Total Expenditures 4,500,000 2,087,123 191,307 571,470 1,215,360 434,740 C:\Users\Christine Grenier\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\V1Q02M1E\150324_Council Sum mary.xlsx3/25/2015 CITY OF BREMERTON BID TABULATION BID Washington Avenue Community Boulevard OPENED Ed Aban TITLE: BY: DATE 03/23/15 TIME 3:00 M RECORDED Shannon Corin OPENED: I OPENED: BY: NAME OF BIDDER BOND T � 3 BID ,c-,s 3 alp Sol. 1�0 3 ,/'2 �Ssouc eS S 2 ?5� 7 SUMMARY ENGINEER'S ESTIMATE $3.4 Million APP ENT LOW BIDDER V 4 8E30ce`�� $ SECOND LOW BIDDER &vl ehvn $ 3, THKI LOW BID ER $ 'e0qF Qeo 7 90 �2 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 Washington Avenue Community Boulevard. ARTICLE 2.CONTRACT TIMES. The WORK shall obtain Physical Completion within 143 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 Physical Completion deadline date 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 233-1896-124 Washington Avenue Community Boulevard 1-49 February 2015 Contract Documents Contract 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 233-1896-124 Washington Avenue Community Boulevard 1-50 February 2015 Contract Documents Contract 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. 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 233-1896-124 Washington Avenue Community Boulevard 1-51 February 2015 Contract Documents Contract CONTRACT (Page 4 of 4) Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton 233-1896-124 Washington Avenue Community Boulevard 1-52 February 2015 Contract Documents Contract 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." 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 233-1896-124 Washington Avenue Community Boulevard I-53 February 2015 Contract Documents Contract Certlflcate This Page Intentionally Left Blank City of Bremerton 233-1896.124 Washington Avenue Community Boulevard I-54 February 2015 Contract Documents Contract Certificate CONTRACT CERTIFICATE (if Partnership) STATE OF ) )ss. COUNTY OF ) I 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 20by 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." 1 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 233-1896-124 Washington Avenue Community Boulevard 1-57 February 2015 Contract Documents Contract Certificate This Page Intentionally Left Blank City of Bremerton 233-1896-124 Washington Avenue Community Boulevard 1-58 February 2015 Contract Documents Contract Certificate 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 Clty of Bremerton 233-1896-124 Washington Avenue Community Boulevard 1-59 February 2015 Contract Documents Contract Certificate This Page Intentionally Left Blank City of Bremerton 233-1896-124 Washington Avenue Community Boulevard 1-60 February 2015 Contract Documents Contract Certificate PERFORMANCE BOND (Pagel 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, Washington Avenue Community Boulevard"; 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 retum,without interest, any overpayment to the Surety. PROVIDED, that any alterations in the WORK to be done or the materials to be fumished, 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 233-1896-124 Washington Avenue Community Boulevard 1-61 February 2015 Contract Documents Performance Bond 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: 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 233-1896-124 Washington Avenue Community Boulevard 1-62 February 2015 Contract Documents Payment Bond 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, Washington Avenue Community Boulevard"; 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 233-1896-124 Washington Avenue Community Boulevard 1-63 February 2015 Contract Documents Payment Bond PAYMENT BOND (Page 2 of 2) IN WITNESS WHEREOF, we have hereunder set our hands and seals this day of —, 20— (CONTRACTOR) 20_(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 233-1896-124 Washington Avenue Community Boulevard 1-64 February 2015 Contract Documents Payment Bond DepwrlieutofLaboruWIndustrias + sr"regv£ Prevailing%ge a � STATEMENT OF INTENT TO (360)902-5335 - PAY PREVAILING WAGES µ,:,n•.Iro tis eM•;1'rad-<Licendrren'rculyaee o,� • This form must bt;typed or printed in ink r'ae Public Works Contract • 1111 In all bl.'mksor The form will he relumed for eorrIcelons) $40.00 Filing Fee Required •Please mlltnv a m1allnum of 10 working days for processing e Once approved,your form will be posted online of Intent 1D q(Assigned by L&1) Illtnc'/;fottrcce ien ern�dnilnuiamth'Cc:�rch Fnr.mw Your Company Information Awarding Agency wormaUan Your Company Name Project Nems � Contras Numbs ABC Company.Inc. Road Repair J+' 'J 2011.01 B Your Address —Ag-.y Man Street WA Stale Department orTmnsyorlf anon i City State7A%anitng agency Ad;h'rsl,.•\\ OlymWApia A 9 98501501.12)•1 PO Bax 47354 f/ Yaw Contractor RegisBalionNumber Your1lBINumbr City Slate Zip-4 ABCC1'0I23AA 123456789 Olympla `VA �f/98501 Your knyrstrial Insurance Acnwm Number 9%varding-Agmcy Contact Name a".bcgr 111.111.11 Jahn f�oe� (S(Ss)�sssss5 Your L•nieol Address(rrgiured for maeactllolo argrpr•v.It Your Phone Number CountyWItacLYod,•`vtll BePafonned QtiylVliae Wurl.W';II Be Pcrfamn;l prevailingwage?2lni.W2gm (555)555-1335 lburatan, \\\\ `y Olympia Additional Details Contract Details lExpectal Job Start Date(mmIdd'yy yy) Bid Due Date)Printe Catrtraemr' Aetud Dau(Prlme Contractor's) 01101!]011 081012010 r OSr10?010 Job Site AddressMiiections \Indicipc al Dollar Am •jpylr Contract(including State Street @ Plum Street S46W(a iane mod tnnterials,if applicable, $1000,00 ARRA Weatha4atlon or Encr(y dBckn(Ftitnds DMLhisprolecl utilize American Recota}utdRebnmmmtAct( funds? ❑ Does `a2llan9t[qseg)tz7 eanyaterution ` ` horaragyeRaacyupgmdelmds Yes ®No (ARRA or ❑Yui ® No Prime Contractor's Company Inrorroallan H Caatructor's C ompaay wormauoa Prime Contractor's Company Name Pnm6ConLmctw.sIntent Mi • F1�ingC�tnlmgor'sCompanyNsme \•YZ Company.hie I'yl �\`� \ "Pavers.hie Rune Contractor's Registration Number Prime Con s I-Numbwr luring Contractor's Contraaar Regtstmlion Numbs Hmmg Canhacta'r 1811 Nun a \•YZIN'0123AA 9876343?I .ti \; SUPEPPA123AA 321456987 kruploymoralInformatloa Do you irticnd io use a=aibcmtmcto`;`�` ❑Yrs \�®ql'a Will employ ecs paramr working duspmject7 ®YL, ❑No Will ALLwork be sukotdracledt �\ -` gag00®No Du you inland to use apprenlice cmployecs'1 ®Ycs ❑No Number of Own ^rs•ho awn at losts3 j(the compagyghu%ill pal'omt work on the project: ❑None 10) ®One(1) ❑Two(2) ❑Throe 13)' C7af(s/iradeyOrfupaUam=(Dondlistapprctilices The)mellWcdonlheAfIldavaofWggesPaid only.) Rale of Hourly [fan employee/avoks in more than one trade.ensue lied dl hours worked in each Badc mer al bda%. Number of Rate of Hourly q'M Usual(FrlrrRe') For adnOtiaoal{taR++Bader! tlamrpinuuse\lld�ddtilmrA. 13arFrrs PayBenrills Laborer•Asphalt3928 3.0o Power Equipment Operator.Asphalt Pleat Operator 1 48,04 2.33 Truck Drl,xr-,lsphall hili(,Tr7t w s) 1 46.47 0.0111 X� t stare Blodt I hereby«tWy Net I hm•e read underatartd a instructions toes vIcle dug form aid t e mlomudiM me any addco we correct ual as workers I;;Flay m this Public W drke 'at will be aid no less than he Pwillina Ware MINI an determined In,die Industrial Sleliiticiso of Crc Detionm6rut of Iabor and Industria. Print Name: Rlnt TL1e: • p Datr: 'a U . roYedbvslsmatureofthe DgiortmatiofLebormndlndrarieslmkstnal&oil NOTICE:irme prime eaoaan k as a too OF aver oma m®lon 40114n(SLOaa,00a.m4 aC,Y 3r,Oly7ireghtren you to cmplae the E11111 2905 dtCW JO.04J;o)Addeadom oaa onach B ro your AIIMade or w'afa orPaid when your"ark m the pr•Ira concludes.TOL&it•only i aanke,Thr EUB 2=5 Add-d®le loot eabmlmed Mm this larval SAa1PLE•Floe-029.000 Sakmem of imea ton H)Prniidor wopeao3•20l l ' END OF CONTRACT FORMS City of Bremerton 233-1896-124 Washington Avenue Community Boulevard 1-65 February 2015 Contract Documents Statement of Intent to Pay Prevailing Wages, Department of Labor City of Bremerton 233-1896-124 Washington Avenue Community Boulevard 1-66 February 2015 Contract Documents Statement of Intent to Pay Prevailing Wages, Department of Labor This Page Intentionally Left Blank City of Bremerton 233-1896-124 Washington Avenue Community Boulevard 1-67' February 2015 Contract Documents Statement of Intent to Pay Prevailing Wages, Department of Labor 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 233-1896-124 Washington Avenue Community Boulevard 1-55 February 2015 Contract Documents Contract Certificate This Page Intentionally Left Blank City of Bremerton 233-1896-124 Washington Avenue Community Boulevard I-56 February 2015 Contract Documents Contract Certificate > W co -� m N � i r r � i in LE_ - - „ GEND • • Prirar)mn rout n D�i U5- Ah - - ,�' ��i 5ecn+daryncte �,, �IL��/ Qom•O1, d� EtictinA Part ,;f[\ !Z7 .t, I_FW1R Patk et park ( 4` Wellen Avc Bndpe To Lions ;O� ❑ ... f fl - � Ct.-0bell Wnl East Park and • - — - • � � �i g East Park Nature Area "t woo I'rjoip 1� � I � it �.• L° o e JL-.� 0 a G� Gb o I I I I • - o•'sro .wee' 1 r.� �., rel.c� 'L�_ _ ParA � I �yY��Ir7 y°p8 I � I � 4J� � 1y L1`L FIr' ' W., �....__.� Whtaroaw.r• � �. I Washing°'Are nwh of I `-\ hlene.e Bridge,, Mh sheet i Br erton Port Washington Trail ® a Figure 2. Trail Master Plan w . a LLI vw f .�— topp q w 1t r +� C: ;6■ll , off, U) m o U) � -a � O (a Q. 0 L - CO 4—j rZ CT o co m z E U Design -�- CITY O BRE-MERTON Add 5-ft Bike lanes & bike signal at 6th • New 10-ft sidewalks on both sides Includes a pull-out for deliveries, moving , etc. Coordination with Towers Development to underground power a little north of 6t" to the south Reduces to two lanes each-way Eliminates beach sewer • Integrates Chevron property into Park i Traffic I IL-B CITY OF -BREMERTON Baseline Data collected June, 10 , 2014 = ( Rush Hour recorded 4:02 — 4:23 ..a t.i.•. Test Run Conducted April 21 — 24, 2014 (Rush Hour was 4:02 — 4:30 (day 1 ), 4:29 (day 2), 4:28 (day 3) F . Traffic Model Anticipates '`fes . � : t �0 - J 1 ( Rush Hour forecast from 4:02 — 4:26 2 . 5-minute increase in year 2034) --- = - A•P R-2 312.0.1_4 1 b : 15 : 5 3 Phase1Construction CITY Of BREMERTON • Duration - April 13 - Notice to proceed ; 1 -month +/-. Traffic Revision - Reduce to 2-lanes north of bridge , maintain 4-lanes in work area Work — Parallel parking north of bridge to Pacific and utility work at both ends of retainingIIEA!S,INT AVENUE wall . Construction Phase 2 D W5VV1L5l/JUVJUV complete • August Traffic wall E Work — Construct all east side improvements & sewer work on private property 63' WEST R/W EAST R/W I IX SOIPENALK SOUTH BOUND LANE NORTH BOUND LANE PHASE I WORK AREA I I - i � HIGH VISIBILITY FENCE 5' TEMPORARY 4" YELLOW LINE MAINTAIN PEDESTRIAN ACCE55 AT ALL TIMES, SEE DETAIL e 6TH STREET TO MANETTE BRIDGE PHASE 2 TYPICAL SECTION � No scALE rrP 1BConstruction Phase 3 It �oQQ o0 M Time - 3-months +/-, complete by end of October, Substantial Completion date is Nov 1st; however, final paving in 2015 - dependent. Work,M Traffic Revision — One lane each side of retaining wall • - • - improvements 63' WEST R/W EAST R/W PHASE 2 WORK AREA SOUTH BOUND LANE I 13' 5' 10.75' I HIGH VISIBILITY NORTH BOUND LANE BIKE LAN NEW SIDEWALK AREA 5, FENCE PLASTIC DRUM 0 MAINTAIN PEDESTRIAN ACCESS TEMPORARY 4" WHRE LINE AT ALL TIMES, SEE DETAIL e 6TH STREET TO MANETTE BRIDGE PHASE 3 TYPICAL SECTION � NO SCALE n'P • ���!!i��j Luco • 1 • 1 1 1 • 1 W • 1 1 co lyo • • i 4-0 1 • • I s • 1 • • :�\'�ta1 r,� X11 `� .". • - 06 E • • • • 1 • 1 • . � 1 Project Funding L-B CITY OF BREMERTON Total Project Cost is $4, 500 ,000 Street Fund $1 .7M — Bicycle & Pedestrian Grant $14K — Arterial Street Fund $373K — Developer and Communications Reimbursement Parks Fund $187K — REET — ,z $4K — 911 Committee Utility Funds $571 K — Water $1 .2M — Wastewater �. A) $435K — Stormwater l Council Action B BR-WE TO Requested Action: ■ Award Construction Contract to RV Associates for Construction of the Project ■ Approve Contract Modification with Parametrix for Construction. Management and Survey for the Project Z � ~ r W- vw m { dsm t zf it - ;i u X a tii�— 1 � r t '� 1, �` • r I u AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Modification No. 1 with Study Session Date: March 25, 2015 Parametrix for the Washington Avenue COUNCIL MEETING Date: April 1, 2015 Community Boulevard Project Department: PW & U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: In June, 2014 the City executed a Professional Services Agreement (Contract No. 5387) with Parametrix for design of the Washington Avenue Community Boulevard project. This Contract Modification No. 1 provides for Construction Management and Surveying for the project. ATTACHMENTS: 1) Contract Modification No. 1; 2) Exhibit A 3) Exhibit B; 3) Exhibit C; 4) Site Map FISCAL IMPACTS (Include Budgeted Amount): The project is included in the Capital Budget. STUDY SESSION AGENDA: px No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda I] General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification No. 1 to the Professional Services Agreement with Parametrix 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 01/07/15 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND PARAMETRIX PROJECT Washington Avenue Community Boulevard CONSULTANT Parametrix DATE March 10, 2015 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Professional Services Agreement AGREEMENT (the "Contract") entered into between the City of Bremerton and Parametrix on 6/20/2014. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: • Construction Management Scope is identified in attached Exhibit A. Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by 7/31/2016 Section III. Compensation , is modified as follows, per attached Exhibit C The original contract amount was, Three Hundred and Twenty Thousand, Nine Hundred and Sixty-Three Dollars ($320,963.00). The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed One Hundred Eighty Three Thousand, Nine Hundred and Sixtv One Dollars ($183,961.00) for a total amended contract amount of Five Hundred and Four Thousand, Nine Hundred and Twenty Four ($504,924.00), including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. CONTRACT MODIFICATION 1 Project Number: The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item,including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed,if any,for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer/Public Works Director approved to process Initials and Date CONSULTANT. THE CITY OF BREMERTON Parametrix By By Patty Lent Its Its Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: David Dinkuhn Chal Martin, P.E. Project Manager Director of Public Works & Utilities 4660 Kitsap Way 100 Oyster Bay Avenue North Bremerton, WA 98312 Bremerton, WA 98312 R:\LEGAL\Contracts\FORMS\Contract Modification(2003).doc CONTRACT MODIFICATION 2 Project Number: EXHIBIT A — SCOPE OF WORK City of Bremerton Washington Avenue Community Boulevard Amendment No. 01 - Construction Services INTRODUCTION This scope of work describes Construction Services tasks to be performed by Parametrix for the Washington Avenue Community Boulevard project. The work is in addition to our existing design contract for the project. Work to be performed consists of the following: Phase 01 —Project Management and Meetings Objective Continue to perform project management tasks through project construction including managing scope, schedule,and budget. Activities The following activities are associated with this task: • 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: 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. Assumptions The following assumptions apply to this task: • Project duration through construction will 12 months(April 2015 through April 2016). PHASE 08— DIRECTED SERVICES Objective City of Bremerton 233-1896-114 Washington Avenue Community Boulevard 1 February 6,2015 Amendment No.0/ Provide additional services as directed by the City. Activities The following activities may be performed: • Provide additional services as directed by the City. PHASE 09—CONSTRUCTION ENGINEERING SUPPORT Objective Provide construction engineering support as requested by the City during the construction phase of the project. Activities The following activities may be performed: • Attend a pre-construction meeting with the City and Contractor. • Attend project meetings at the construction site as requested by the City. • Review Contractor's submittal schedule for compliance with the specifications. • Review Contractor work plans and reports and provide recommendations for approval or acceptance to the City. • Review and respond to Contractor's material submittals, catalog cut sheets, and shop drawings. • Respond to Contractor's Requests for Information(RFls). • Conduct a site walk at substantial completion to assist the City in the punch list inspection. De/iverab/es The following deliverables may be submitted under this task: • Hard copies and electronic copies of Parametrix's responses to material submittal, cut sheet, and shop drawing review. • Hard copies and electronic copies of Parametrix's responses to work plans, reports, RFls, and requests for change orders. Assumptions The following assumptions apply: • The Parametrix Project Manager will attend site meetings as requested by the City. City of Bremerton 133-1896-114 Washington Avenue Community Boulevard 1 February 6 1015 Amendment No.01 • Parametrix staff representing individual disciplines such as hardscape,transportation,or electrical will attend on-site meetings as appropriate and as requested by the City. • Review of Contractor's submittal schedule will require an estimated 1 hours. • Contractor work plans or reports will be reviewed at an estimated 2 hours each. • Parametrix will review and respond to shop drawing submittals at an estimated 2 hours each and material submittals at an estimated 1 hour each. • Parametrix will review and respond to all RFI's as requested by the City. For estimating purposes,it is assumed that RFI review and response will require 1 hour each. • Responses to RFIs will not require CADD Operator labor unless final plans have errors and omissions requiring corrections. Phase 10—Construction Management Objectives: Provide construction management and administration during the construction phase of the project. Activities: The following activities will be performed as part of this task: • Coordinate with the City's Project Manager and lead pre-construction and weekly progress meetings. • Coordinate response to applicable Contractor's Requests for Information(RFIs)and requests for change orders and make recommendation to the City. • Provide period observation during construction. • Complete periodic observation reports(if needed) including photos and prepare a weekly email construction summary report for the City. • Review and recommend payment requests,all logs for submittals, RFPs, Field Orders,and assist in preparation of Change Orders. • Coordinate necessary testing and inspections. • Provide routine project management and communications. Deliverables: The following deliverables are associated with this task: •. Routine correspondence, budget updates, status reports on progress of work, and invoices. • Weekly email construction report. City of Bremerton 233-1896-124 Washington Avenue Community Boulevard 3 February 6,2015 Amendment No 01 Assumptions: The following assumptions are associated with this task: • Project management tasks will be performed through the active construction period, which is assumed to extend over 33 weeks. • Day to day construction inspection and daily inspection report preparation will be performed by City staff • Costs for materials testing and inspection will be paid by the City. Phase 11 —Construction Surveying Objectives: Provide survey staking and other miscellaneous grading support during construction. Task 01 —Evergreen Park Approach Activities under this task will include the following elements: • Coordinate with the Construction Manager and the Contractor for staking tasks. • Clearing and Silt Fence: Kone) offset stake and hub will be provided at approximately 50-foot intervals or at primary angle points that define Clearing and Grub line and the Silt Fence line. • Drainage Swales and Culverts: I(one) offset stake and hub will be provided at approximately 25 foot intervals along drainage swales (approx. 260LF). 2(two) offset stakes and hubs will also be provided for the endpoints of culvert crossings(total of 4 culverts),with cut/fill identified to invert. *Cut sheets will be provided for storm staking • Pedestrian Path Staking: I(one)hub will beset every 25 feet,or appropriate BVC/EVC,and PC/PT stations located along the proposed Pedestrian Path centerline. I(one)hub will also be set on back of asphalt walk along 13`h Street. • Misc. Site Grading Support: A total of 8 hours will be provided on-site with appropriate office support to set stakes at the contractor's discretion for general site grading purposes. Assumptions The following assumptions apply: • Cost estimates associated with this task are based on a minimum of one field crew day (8 hours) with associated office support. • Cost estimates contained herein are based on a one time staking effort for all features described above. Stakes that become destroyed and require replacement will be charged to the contractor on a time and expense basis according to rates based on the prevailing wage rates for Kitsap County at the time services are performed, per State funding requirements for construction related activities. City of Bremerton 233-1896-124 Washingion Avenue Community Boulevard 4 February 6,2015 Amendment No.01 • The cost of traffic control needed (if any) has not been included in this scope of services. It is assumed that traffic control for the site, if needed, will be provided by the Contractor. • The above work described that falls within the definition of a"Construction Site Survey"as defined in WAC 296-127-01396 will be performed under the prevailing wage rate at the time the prime contract was awarded and not based on prevailing wage rates that are in affect after. • Additional work requested by the contractor that falls outside of this scope of services will be performed on a time and expense basis to be paid by the contractor. • A minimum of 48 hours notification is required prior to any staking being provided. Task 02—Washington Avenue Approach Activities under this task will include the following elements: • Coordinate with the Construction Manager and the Contractor for staking tasks. • Saw Cut Layout: Kone) offset stake and hub will be provided at approximately 25-foot intervals or at primary angle points that define saw cut line shown on sheets DM 1 and DM2(approx.3000LF total) • Storm Structures and Lines: Kone)offset stake and hub will be provided at approximately 50 foot intervals along the storm lines. 2(two) offset stakes and hubs will also be provided for Manholes, Catch Basins and Cleanouts along the storm lines(total of 18 structures), with cut/fill identified to invert and rim. *Cut sheets will be provided for storm staking • Sanitary Sewer Structures and Lines: Kone)offset stake and hub will be provided at approximately 50 foot intervals along the sanitary sewer lines. 2(two)offset stakes and hubs will also be provided for Manholes and Side Services along the sanitary sewer main lines(total of 16 side services and 4 manholes),with cut/fill identified to invert and rim. *Cut sheets will be provided for sewer staking • Water: Kone)offset stake and hub will be provided at+/-50' intervals and/or appropriate tee/bend locations along the Proposed water lines, along with double offsets to 3 Fire Hydrants, 17 Side Services,and 16 Tee locations. *Cut sheets will be provided for water staking • Lighting_2(two)offset stakes and hubs will be provided at each Light Poles, Traffic Signal Poles, Pedestrian Pedestals, and Junction Boxes with a cut/fill identified to finished grade of sidewalk/curb. A total of 22 Light Poles, 3 Traffic Signal Poles, 7 Pedestrian Pedestals, and 31 Junction Boxes will be staked. • Roadway Staking: Rough grade: I(one) hub will be set every 50 feet, or appropriate BVC/EVC locations along the proposed roadway centerline, Washington Avenue STA 99+57—STA 110+00,61h St. STA 49+50—STA 50+00, 5`h St. STA 28+50—STA 30+50. Cq of Bremerton 233-1896-124 Washington Avenue Community Boulevard 5 February 6,2015 Amendment No.01 Curb Staking: I(one) offset stake and hub will be set every 25 feet and/or at appropriate PC/PT/Radii locations along the proposed curb lines. Stake will denote cut/fill to top back of curb. Curbs will be staked on Washington Ave., 5'St., and 61 St. ADA Ramp and Driveway Ramp Staking: Kone)stake and hub will be set to denote the grade breaks associated with the ADA and Driveway Ramps. A total of 4 stakes per ramp will be set. • Re-Establish DNR Monuments: It is anticipated that up to 5 (five) DNR monuments will be removed and reestablished during construction. Monuments will be staked in the field and recorded with DNR following installation. Assumptions The following assumptions apply: • Cost estimates associated with this task are based on a minimum of one field crew day (8 hours) with associated office support. • Cost estimates contained herein are based on a one time staking effort for all features described above. Stakes that become destroyed and require replacement will be charged to the contractor on a time and expense basis according to rates based on the prevailing wage rates for Kitsap County at the time services are performed, per State funding requirements for construction related activities. • The cost of traffic control needed (if any) has not been included in this scope of services. It is assumed that traffic control for the site, if needed, will be provided by the Contractor. • The above work described that falls within'the definition of a"Construction Site Survey"as defined in WAC 296-127-01396 will be performed under the prevailing wage rate at the time the prime contract was awarded and not based on prevailing wage rates that are in affect after. • Additional work requested by the contractor that falls outside of this scope of services will be performed on a time and expense basis to be paid by the contractor. • A minimum of 48 hours notification is required prior to any staking being provided. Cuy of Bremerton 233-1896-124 Washington Avenue Community Boulevard. 6 February 6.2015 Amendment No.01 EXHIBIT A — SCOPE OF WORK City of Bremerton Washington Avenue Community Boulevard Amendment No. 01 - Construction Services INTRODUCTION This scope of work describes Construction Services tasks to be performed by Parametrix for the Washington Avenue Community Boulevard project. The work is in addition to our existing design contract for the project. Work to be performed consists of the following- Phase 01 —Project Management and Meetings Objective Continue to perform project management tasks through project construction including managing scope, schedule,and budget. Activities The following activities are associated with this task: • 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: 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. Assumptions The following assumptions apply to this task: • Project duration through construction will 12 months(April 2015 through April 2016). PHASE 08— DIRECTED SERVICES Objective City of Bremerton 233-1896-124 Washington Avenue Couununn)7 Boulevard ! February 6,2015 Amendment No.01 Provide additional services as directed by the City. Activities The following activities may be performed- * Provide additional services as directed by the City PHASE 09—CONSTRUCTION ENGINEERING SUPPORT Objective Provide construction engineering support as requested by the City during the construction phase of the project. Activities The following activities may be performed: • Attend a pre-construction meeting with the City and Contractor. • Attend project meetings at the construction site as requested by the City. • Review Contractor's submittal schedule for compliance with the specifications. • Review Contractor work plans and reports and provide recommendations for approval or acceptance to the City. • Review and respond to Contractor's material submittals,catalog cut sheets,and shop drawings. • Respond to Contractor's Requests for Information(RFIs). • Conduct a site walk at substantial completion to assist the City in the punch list inspection. Deliverables The following deliverables may be submitted under this task- • Hard copies and electronic copies of Parametrix's responses to material submittal, cut sheet, and shop drawing review. • Hard copies and electronic copies of Parametrix's responses to work plans, reports, RFIs, and requests for change orders. Assumptions The following assumptions apply • The Parametrix Project Manager will attend site meetings as requested by the City. City of Bremerton 233-1896-124 Washington Avenue Community Boulevard 2 February 6,2015 Amendment No.01 • Parametrix staff representing individual disciplines such as hardscape,transportation,or electrical will attend on-site meetings as appropriate and as requested by the City. • Review of Contractor's submittal schedule will require an estimated 1 hours. • Contractor work plans or reports will be reviewed at an estimated 2 hours each. • Parametrix will review and respond to shop drawing submittals at an estimated 2 hours each and material submittals at an estimated I hour each • Parametrix will review and respond to all RFI's as requested by the City. For estimating purposes, it is assumed that RFI review and response will require 1 hour each. • Responses to RFIs will not require CADD Operator labor unless final plans have errors and omissions requiring corrections Phase 10—Construction Management Objectives: Provide construction management and administration during the construction phase of the project Activities: The following activities will be performed as part of this task: • Coordinate with the City's Project Manager and lead pre-construction and weekly progress meetings. • Coordinate response to applicable Contractor's Requests for Information(RFIs)and requests for change orders and make recommendation to the City • Provide period observation during construction. • Complete periodic observation reports(if needed) including photos and prepare a weekly email construction summary report for the City. • Review and recommend payment requests,all logs for submittals, RFI's, Field Orders,and assist in preparation of Change Orders. • Coordinate necessary testing and inspections. • Provide routine project management and communications. Deliverables: The following deliverables are associated with this task. • Routine correspondence, budget updates,status reports on progress of work,and invoices. • Weekly email construction report. City of Bremerton 233-1896-124 Washington Avenue Community Boulevard 3 February 6.2015 Amendment No.01 Assumptions: The following assumptions are associated with this task: • Project management tasks will be performed through the active construction period, which is assumed to extend over 33 weeks. • Day to day construction inspection and daily inspection report preparation will be performed by City staff • Costs for materials testing and inspection will be paid by the City. Phase 11 —Construction Surveying Objectives: Provide survey staking and other miscellaneous grading support during construction. Task 01 —Evergreen Park Approach Activities under this task will include the following elements • Coordinate with the Construction Manager and the Contractor for staking tasks. • Clearing and Silt Fence- I(one) offset stake and hub will be provided at approximately 50-foot intervals or at primary angle points that define Clearing and Grub line and the Silt Fence line. • Drainage Swales and Culverts: I(one) offset stake and hub will be provided at approximately 25 foot intervals along drainage swales (approx. 260LF). 2(two) offset stakes and hubs will also be provided for the endpoints of culvert crossings(total of 4 culverts),with cut/fill identified to invert *Cut sheets will be provided for storm staking • Pedestrian Path Staking. ](one)hub will beset every 25 feet,or appropriate BVC/EVC,and PC/PT stations located along the proposed Pedestrian Path centerline I(one)hub will also beset on back of asphalt walk along 13'Street. • Misc. Site Grading Support- A total of 8 hours will be provided on-site with appropriate office support to set stakes at the contractor's discretion for general site grading purposes. Assumptions The following assumptions apply: • Cost estimates associated with this task are based on a minimum of one field crew day (8 hours) with associated office support • Cost estimates contained herein are based on a one time staking effort for all features described above. Stakes that become destroyed and require replacement will be charged to the contractor on a time and expense basis according to rates based on the prevailing wage rates for Kitsap County at the time services are performed, per State funding requirements for construction related activities City of Bremerton 233-1896-124 Washington Avenue Conununrty Boulevard 4 February 6,2015 Amendment No 01 • The cost of traffic control needed (if any) has not been included in this scope of services. It is assumed that traffic control for the site, if needed,will be provided by the Contractor. • The above work described that falls within the definition of a"Construction Site Survey"as defined in WAC 296-127-01396 will be performed under the prevailing wage rate at the time the prime contract was awarded and not based on prevailing wage rates that are in affect after. • Additional work requested by the contractor that falls outside of this scope of services will be performed on a time and expense basis to be paid by the contractor • A minimum of 48 hours notification is required prior to any staking being provided. Task 02—Washington Avenue Approach Activities under this task will include the following elements: • Coordinate with the Construction Manager and the Contractor for staking tasks. • Saw Cut Layout: Kone) offset stake and hub will be provided at approximately 25-foot intervals or at primary angle points that define saw cut line shown on sheets DMI and DM2(approx. 3000LF total) • Storm Structures and Lines: Kone)offset stake and hub will be provided at approximately 50 foot intervals along the storm lines 2(two) offset stakes and hubs will also be provided for Manholes, Catch Basins and Cleanouts along the storm lines(total of 18 structures),with cut/fill identified to invert and rim. *Cut sheets will be provided for storm staking • Sanitary Sewer Structures and Lines. Kone)offset stake and hub will be provided at approximately 50 foot intervals along the sanitary sewer lines. 2(two)offset stakes and hubs will also be provided for Manholes and Side Services along the sanitary sewer main lines(total of 16 side services and 4 manholes),with cut/fill identified to invert and rim. *Cut sheets will be provided for sewer staking • Water: Kone)offset stake and hub will be provided at+/-50' intervals and/or appropriate tee/bend locations along the Proposed water lines, along with double offsets to 3 Fire Hydrants, 17 Side Services,and 16 Tee locations *Cut sheets will be provided for water staking • Lighting: 2(two)offset stakes and hubs will be provided at each Light Poles,Traffic Signal Poles, Pedestrian Pedestals, and Junction Boxes with a cut/fill identified to finished grade of sidewalk/curb. A total of 22 Light Poles, 3 Traffic Signal Poles, 7 Pedestrian Pedestals, and 31 Junction Boxes will be staked. • Roadway Staking. Rough grade: ](one) hub will be set every 50 feet, or appropriate BVC/EVC locations along the proposed roadway centerline Washington Avenue STA 99+57—STA 110+00,6'h St. STA P P Y � 1� 49+50—STA 50+00, 5`h St STA 28+50—STA 30+50. Ctty of Bremerton 233-1896-124 Washington Avenue Contmunuq,Boulevard 5 February 6,2015 Amendment No 01 Curb Staking: l(one) offset stake and hub will be set every 25 feet and/or at appropriate PC/PT/Radii locations along the proposed curb lines. Stake will denote cut/fill to top back of curb. Curbs will be staked on Washington Ave.,5th St ,and 6`h St. ADA Ramp and Driveway Ramp Staking: 1(one)stake and hub will be set to denote the grade breaks associated with the ADA and Driveway Ramps. A total of 4 stakes per ramp will be set. • Re-Establish DNR Monuments: It is anticipated that up to 5 (five) DNR monuments will be removed and reestablished during construction. Monuments will be staked in the field and recorded with DNR following installation. Assumptions The following assumptions apply: • Cost estimates associated with this task are based on a minimum of one field crew day (8 hours) with associated office support • Cost estimates contained herein are based on a one time staking effort for all features described above. Stakes that become destroyed and require replacement will be charged to the contractor on a time and expense basis according to rates based on the prevailing wage rates for Kitsap County at the time services are performed, per State funding requirements for construction related activities. • The cost of traffic control needed (if any) has not been included in this scope of services. It is assumed that traffic control for the site, if needed,will be provided by the Contractor. • The above work described that falls within the definition of a"Construction Site Survey"as defined in WAC 296-127-01396 will be performed under the prevailing wage rate at the time the prime contract was awarded and not based on prevailing wage rates that are in affect after. • Additional work requested by the contractor that falls outside of this scope of services will be performed on a time and expense basis to be paid by the contractor. • A minimum of 48 hours notification is required prior to any staking being provided City of Bremerton 233—/896-/24 Washington Avenue Connnunrp,Boulevard 6 February 6,20/5 Amendment No.01 EXHIBIT B - SCHEDULE Work Element Completed By Advertise Project March 2, 2015 Open Bids (3 weeks) March 23, 2015 Council Study Session April 8, 2015 Council Approval April 15, 2015 Notice of Award April 16, 2015 Notice to Proceed (5 days) April 22, 2015 Pre-con/Begin Construction (10 days) May 4, 2015 Physical Completion (143 working days + 60 day February 20, 2016 suspension for underground utility installation) Project Closeout April 31, 2016 City of Bremerton 233-1896-124 Washington Avenue Community Boulevard 1 February 6.2015 Amendment No.01 PARAMETRIX EXHIBIT C-BUDGET 2/6/2015 Project: Washington Avenue Community Boulevard-Amendment 01 -Construction Services Client: City of Bremerton PMX# BILLING STAFF PM Sr Eng LA Sr Eng CADD Designer 3 Pmi Ctl PC Accl Proj Survey Party Survey 234-1896-870 MOLT D PM T SmM Swenson Franklin Peterson B Kugen 7hortpson S Ihlen M Wray L Stevenz Surveyor Tech Chief Aide TOTAL TOTAL PHASE TASK 310 Bolling Rate $17574 $17738 $14000 $17221 $10717 $12614 $15500 $11501 $6805 $9111 $13649 $11052 $12902 $7152 HOURS COST 1 1 kqJM Management and s Project Management(12 mo) 12 6 6 24 $3,064 Expenses(6%of labor) $184 Subtotal 12 6 6 24 $3,248 8 1 Directad Serv10e$ Directed Services $10.000 Subtotal S10.000 i CcL-brpgqiqqn En u 1 Construction Engineering Support _ 16 8 4 4 8 8 _ 48 $7,346 — _ EKoenses(6% Labor) ..—__ $441 Subtotal 16 8 4 4 8 8 48 $7,787 70 1strBCtlon titan Bawl(33 week,d bon Consb Mgr(33 weeks x 16 hours per week) 528 528 $81,840 Proj Controls(33 weeks x 8 hours per week) 264 264 $30,363 Expenses(6%of Labor) $6,732 Subtotal 528 264 792 S118,935 11 1 C mt uction Surve •Ever Construction Survey 4 9 52 4 69 $8,536 Fgienses(6%of Labor) $512 Subtotal 4 9 52 4 69 $9,048 11 2 Con str •Washington AVWM Construction Survey 16 40 196 15 267 $32,966 EAmses(6%o1 Labor) I I 1 $1,978 Subtotal 16 1 40 196 15 267 $34,943 PROJECT TOTAL 5183,961 Prepared By D DGnkuhn Reviewed By, (Senior Engineer) Page 1 St. —1`-- NET- :- � =Df -�- 5TH-St. • '� _ _�_ 4TH. t. _I I' �y. wb ' 4TH WASHINGTON AVENUE COMMUNITY BOULEVARD 1 "=200' } w uw cc m j i-- -o LO Q � Q -0 F .i��_V/moo \• � � (�\) , ,�rt'n�n ✓// , • iii i0000� lie i ' Link to Bridge to Bridge Trail B BREMERTON [LEGENDsd9 ,T� Prrm.n•mn more 'moi "�aO _ _ _ . Washington . ��•'..•rrcod.n rwie �i ' � ca C 1i_lla9rx f7rkmgrk ;,��`� '� Wirreo�vetrue kN1 - rmrymxmerr Yyi a� ?\\11C7I ,� O • Boulevard To Lions Park C7 , j it l ti �q Gk_ i Gmpbdl woy Connects Ferries andy�,_ 111���...rrr• East Park and 4 East Park e e Nature Area .•. es r @vC Wheemnweynmr Downtown • Trail 3 . 5-mile Urban Bicycle and � �fl r6rh Smn Pedestrian Iil lJe o� o Ii - ,._ +►max,,;f ! .,., o 0 ..C -rr A ! • i Park �'timarro.. ��``o d. ��� 1:1 -5n Businesses and Residential II 1 r � �I +� it=�1L1WL.� _� b I I ig %tv.-*Nk Areas - w - �.., soumdcaercerawa Whenronway l Washing—An ronhN �� hfanrae eria{s bah Sheer BA erton Port Washington Trail Figure 2. Trail Master Plan ,owl . V _- O, VLA o OR u w �. CID S COL f �i — i (o O (1) o •' °' cz •+� U -�-+ -. L L Al •� •`•+ Tu `' .__.� Z LL mel ■ Desg n B.-JI CI Y O 0 BREMERTO Add 5-ft Bike lanes & bike signal at 6th • New 10-ft sidewalks on both sides • Includes apull-out for deliveries, moving , etc. Coordination with Towers Development to underground power a little north of 6t" to the south Reduces to two lanes each-way • Eliminates beach sewer Integrates Chevron property into Park a Traffic I ILB CITY OF BREMfRTON Baseline Data collected June, 10 , 2014 (Rush Hour recorded 4:02 — 4:23) - Test Run Conducted April 21 — 24, 2014 (Rush Hour was 4:02 — 4: 30 (day 1 ), 4:29 (day 2), 4:28 (day 3) Model Anticipates Traffic p - � • �� -� -�, ( Rush Hour forecast from 4:02 — 4:26 .' '—, - _►, _, : 2 . 5-minute increase in year 2034 - - - A:P-R-2 3'2.0.14 16 15 : 5 3 Construction Phase 1 CITY Of BREMERTON • Duration April 13 - Notice to proceed ; 1 -month +/- . • Traffic Revision - Reduce to 2-lanes north of bridge , maintain 4-lanes in work area • Work — Parallel parking north of bridge to Pacific and utility work at both ends of retaining wall . Construction Phase 2 B o o0 • complete by • 5 Traffic ' ' • to west side of • wall • rk — Construct all east side improvements & sewer work on private property 63' WEST R/W FAST R/W I EX OIP NALK SOUTH BOUND LANE NORTH BOUND LANE PHASE I WORK AREA __ � HIGH VISIBILITY FENCE 5' I TEMPORARY 4" YELLOW LINE MAINTAIN PEDESTRIAN ACCESS AT ALL TIMES, SEE DETAIL e 8TH STREET TO MANETTE BRIDGE PHASE 2 TYPICAL SECTION � NO SCALE TYP I Construction Phase 3 B ��044 00 II D W3/N� - V\Jll!1 Time - 3-months +/-, complete by end of October, Substantial Completion date is Nov 1st; however, final paving in 2015 - dependeM Traffic nt. • - lane each side of ' • rk — Construct all west side improvements 63' WEST R/W EAST R/W PHASE 2 WORK AREA SOUTH BOUND LANE 13' S' 10.75' HIGH VISIBILITY NORTH BOUND LANE IKE LAN NEW SIDEWALK AREA PLASTIC DRUM -- TEMPORARY 4" WHITE LINE MAINTAIN PEDESTRIAN ACCESS TEMPORARY 4" WHITE LINE AT ALL TIMES, SEE DETAIL 6TH STREET TO MANETTE BRIDGE PHASE 3 TYPICAL SECTION � NO SCALE TYP Park & Sewer Const . CITY OF BREMERTON • Time - 2-months +/- for Park (Aug — Oct +/-); sewer abandonment during "fish window" of Jun 16 — Aug 31 Work — grading and landscaping to integrate former Chevron property into Evergreen-Rotary Park. Demolish existing pump station and abandon beach sewer Project Funding IME Total Project Cost is $4, 500 ,000 Street Fund $1 .7M — Bicycle & Pedestrian Grant $14K — Arterial Street Fund • $373K — Developer and Communications Reimbursement Parks Fund $187K REET w = $4K - 911 Committee Utility Funds $571 K — Water $1 .2M — Wastewater t. $435K — Stormwater _ Affl Council Action B NR€MERTON Requested Action : ■ Award Construction Contract to RV Associates for Construction of the Project ■ Approve Contract Modification with Parametrix for Construction Management and Survey for the Project IZ O • > w u w cc T. S� 1• J/ ,MN- AN � � � '� 1, � ► 4-0 Y` 4 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3245 to adopt an Study Session Date: March 25, 2015 Integrated Vegetation Management Plan COUNCIL MEETING Date: April 1, 2015 (IVMP) Department: PW&U Presenter: Chal Martin Phone: (360) 473-5758 SUMMARY: City staff, in coordination with the Kitsap County Noxious Weed Control Board and Washington State University, Kitsap County Extension Agency, has developed the City of Bremerton Integrated Vegetation Management Plan. This plan is consistent with Washington State Department of Agriculture and Washington State Department of Ecology policy and complies with Chapter 17.10, 17.21 RCW and Chapter 16-228 WAC (Appendix IV-D R.7). The Draft IVMP was posted on our website on 2/25/15 with an E-Blast and Twitter notifications. Comments were received until 2:00pm 3/20/15. ATTACHMENTS: 1) Resolution No. 3245; 2) Integrated Vegetation Management Plan (IVMP); 3) Comments; and 4) Exhibit FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3245 approving the Integrated Vegetation Management Plan. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 RESOLUTION NO. 3245 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the Integrated Vegetation Management Plan. WHEREAS, a Vegetation Management Plan provides a means to meet the City of Bremerton's need to manage invasive vegetation and nuisance rodents, other nuisance wildlife species, and insects; and WHEREAS, the purpose of this Vegetation Management Plan is to outline a five year program for managing invasive vegetation within the City of Bremerton, addressing a variety of landscape conditions in the city including but not limited to parks, rights of way and a golf course; and WHEREAS, a secondary purpose of this plan is to provide guidance on management of nuisance rodents, other nuisance wildlife species, and insects using Integrated Pest Management techniques; and WHEREAS, this Management Plan addresses a need for the City of Bremerton to communicate the intent, methods, and means for managing its diverse landscapes and the uses of those landscapes; and WHEREAS, the City of Bremerton has a responsibility to manage vegetation and pests for the safety, health and welfare of its residents, businesses and visitors; and WHEREAS, this Management Plan implements City-wide policies relating to City owned properties within the City's corporate boundaries. The plan incorporates best practices for management and maintenance of rights-of-ways, parks, and other City managed lands. In addition, this plan addresses perspectives and concerns of neighbors and citizens by providing information about the vegetation and pest control measures the City uses; and WHEREAS, this Management Plan shall act as a guideline to advance the goals herein, but need not be strictly enforced; decisions made under this Plan shall be based on the circumstances, needs, and conditions within the City at the time the decisions are made. WHEREAS, the City Council desires to formally adopt this Integrated Vegetation Management Plan, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Integrated Vegetation Management Plan 2015 SECTION]. Adoption. The Integrated Vegetation Management Plan, attached hereto as Exhibit A and incorporated herein by this reference, is hereby adopted. SECTION 2. Severability. 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. SECTIONS. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2015. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk R\LEGAL\Legal\Resolutions\Public Works\IVMP Resolution 2015.doc 2 Integrated Vegetation Management Plan 2015 CITY OF BRE.ME�RTON INTEGRATED,/ VEGETATION / \ MANAGEMENT,-PLAN Developed in Coordination With Kitsa Count Noxious WControl p ;y � ,_.� Weed Board & \ \. _ � \\ Washington State University Kitsap County Extension Agency April 2015 This Plan is Consistent with Washington State Department of Agriculture and Washington State Department of Ecology Policy and Complies with Chapter 17.10, 17.21 RCW and Chapter 16-228 WAC (Appendix IV-D R.7) Parks and Recreation Department Public Works and Utilities Department This page intentionally left blank Bremerton Integrated Vegetation Management Plan April 2015 Page 2 CONTENTS INTRODUCTION 05 Purpose 06 Goals 06 INTEGRATED VEGETATION MANAGEMENT PRINCIPLES 06 INTEGRATED VEGETATION MANAGEMENT IMPLEMENTATION 08 TARGET VEGETATION ZONES 10 Shoreline Buffer Zones 10 Sidewalks, Parking Lots, Hardscapes and Right of Way 12 Meadows/Open Space 15 Park Play Areas 16 LANDSCAPE ZONES 17 Buffer Zone 17 Turf 19 Urban Forestry/ Utility Lands 21 Union River Watershed 23 Twin Lakes Area 25 Urban Trees 27 INTEGRATED PEST MANAGEMENT IN AN URBAN SETTING 29 Golf Courses Management 31 Trails 35 Newly Planted Areas in an Urban Setting 36 RODENTS AND OTHER VERTEBRATES 37 OPERATIONAL GUIDELINES 38 Certification 38 Herbicide Application Restrictions 38 Bremerton Integrated Vegetation Management Plan April 2015 Page 3 Herbicide Application Equipment 39 Citizen Involvement 40 Justification for Herbicide/Pesticide Use 40 Allowable Herbicide/Pesticide Use 41 Pesticide Risk Reduction 41 Pesticide Selection and Methods 43 APPENDICES A: Reduced Risk Pesticides Approved for Use 47 B: Organic/Natural Pesticides Control Measures/Chart 60 C: Adopt-A-Spot Volunteer Job Description and Application 63 D: Pesticide Spill Standard Operating Procedure 66 E: Example of Newspaper Notice: Herbicide Application 69 F: No Spray Agreement 70 G: WSDA Pesticide Sensitive Individuals Registration Program 71 H: Reference Information 74 Bremerton Integrated Vegetation Management Plan April 2015 Page 4 INTRODUCTION The purpose of this Vegetation Management Plan (VMP) is to outline a five year program for managing invasive vegetation within the City of Bremerton, addressing a variety of landscape conditions in the city including but not limited to parks, rights of way and a golf course. A secondary purpose of this plan is to provide guidance on management of nuisance rodents, other nuisance wildlife species, and insects using Integrated Pest Management (IPM) techniques. This Management Plan has been compiled by the Kitsap County Noxious Weed Control Program for the City of Bremerton to address a need to communicate the intent, methods, and means for managing its diverse landscapes and the uses of those landscapes. Bremerton has a responsibility to manage vegetation and pests for the safety, health and welfare of its residents, businesses and visitors. This plan implements City-wide policies relating to city owned properties within the City's corporate boundaries. The plan incorporates best practices for management and maintenance of rights-of-ways, parks, and other City managed lands. In addition, this plan addresses perspectives and concerns of neighbors and citizens by providing information about the vegetation and pest control measures the City uses. The core focus of this plan is vegetation management for noxious weeds and other nuisance vegetation. Within the City, there are multiple discrete landscape zones that will be identified, according to vegetation types, patterns of use, and prominent geographic distinctions. For each landscape zone, management areas and specific procedures will be identified and defined. These will delineate specific areas where particular, regular maintenance activities are needed to restore, maintain and/or nurture the targeted vegetation communities. Invasive weeds pose an ecological threat to multiple systems and can cause structural issues to roads, sidewalks, and buildings. All living things modify their surroundings to a certain extent to accommodate their presence, but these plants pose specific problems. Noxious weeds by definition are aggressive invasive plants that are destructive and difficult to control. These nonnative plants affect the Bremerton Integrated Vegetation Management Plan April 2015 Page 5 environment, personal health, animal wellbeing, and the economy. Invasive plants threaten native plants and animal populations as well as desirable and beneficial land use. Plants like knotweed impact pavement, pipes, and septic tanks. Many other invasive plants like tansy, hogweed and poison hemlock are toxic plants that can cause sickness or even death. Vegetation left uncut and/or in an unkempt stage may cause safety hazards, health hazards, fire hazards, and/or pest harborages, and thus constitute a public nuisance. Purpose The purpose of this plan is to provide guidelines for managing designated nuisance and noxious weeds that represent a threat to the continued economic, environmental, aesthetic and agricultural value of lands. This plan will provide for compliance with the Noxious Weed Control laws by detailing management options. The intent is to incorporate multiple control measures that are timely and economically feasible. This plan also provides a framework and specific information to landowners and agencies to assist in efforts in making wise weed control and prevention decisions. Goals • Provide Bremerton's citizens and employees with clear expectations related to herbicide, fungicide, pesticide and rodenticide use within the context of an integrated plan, primarily focused on the management of noxious and nuisance vegetation within the City. • Provide guidance on integrated approaches to promoting the Parks Department goals of enhancing the ecological integrity of parks and encouraging public accessibility. • Promote stewardship and sustainability of desirable vegetation. • Provide a standard to assess the function of the prescribed management processes. • Provide guidance on invasive species management on shorelines to assist in the protection and enhancement of critical habitats. INTEGRATED VEGETATION MANAGEMENT PRINCIPLES Integrated Vegetation Management (IVM) is a system of managing plant communities that considers a combination of methods to control undesirable vegetation and includes cultural, mechanical, biological, and chemical methods of control. Vegetation management is critical to establishing desirable plant species. IVM Bremerton Integrated Vegetation Management Plan April 2015 Page 6 assists managers in improving the efficiency and cost effectiveness of vegetation management by utilizing the most appropriate and effective control methods based on individual site conditions. The IVM decision-making process is to determine if, where, when, and how vegetation problems will be managed. The IVM program includes all potential vegetation control strategies, and uses non-chemical controls whenever possible. IVM applies sound principles to chemical fertilizer application decisions and to other chemical application decisions, such as using minimum quantities, following product directions, and complying with all regulatory requirements. Appendix 1 to this plan contains a list of Reduced Risk Herbicides/Pesticides/Fungicides/Rodenticides approved for use. The following four control methods, in order of preference, may be employed with the IVM program: Cultural Control Cultural control involves using sound horticultural practices to optimize plant health and to suppress insects, disease, and weed growth. Other cultural controls include site-appropriate design and the use of disease or drought-resistant plants. Mechanical Control Mechanical control involves using a variety of pest removal techniques, tools, and equipment for eliminating pests. Biological Control Biological control involves using agents that act as predators or parasites of pest species and using other beneficial organisms that improve plant health by enhancing soil quality. Chemical Control Chemical control involves applying various products such as herbicides, insecticides, fungicides, fertilizers, or other chemical compounds to a target pest as a means of control. Whenever pesticides or fertilizers are used, they must be applied according to the directions on the pesticide/fertilizer container label. Due to constantly changing labels, laws, and regulations, it is important to verify that the products used are appropriate for the intended application. The list of chemicals at Appendix A is not limited, due to the changing nature of chemicals on the market. Applicators can determine the least toxic chemical by Bremerton Integrated Vegetation Management Plan April 2015 Page 7 referring to the signal word on the EPA approved label. Safety Data Sheets (SDS) for pesticides should be available at all times the chemical is being applied. The Washington State Department of Agriculture sets the overall policy for pesticide use in the state of Washington. The approved chemical list can be viewed on the department's Web site at http://www.agr.wa.gov. All pesticide use procedures shall conform to the requirements of Chapter 17.21 RCW and Chapter 16-228 WAC (Appendix IV-D R.7). The Washington Department of Ecology requires a special permit for all aquatic herbicide applications. This permit allows herbicide control for all listed noxious weeds within an aquatic environment and monitors impact levels on non-target plants. The following link contains more information: http://www.ecy.wa.gov/Programs/wq/pesticides/final pesticide permits/noxious/n oxious index.html INTEGRATED VEGETATION MANAGEMENT IMPLEMENTATION IVM is recognized as a methodology that encompasses a range of industry- established best practices. Steps to implement Integrated Vegetation Management: 1. Ensure vegetation management is undertaken with a clear, measurable objective. • Identify the desired plant community composition. A description should include both preferred and acceptable species. Preferred species represent an ideal of prescribed outcome. Acceptable species reflect a functioning ecosystem but including vegetation that may arise from climatic or other forms of variability, altering plant community assembly over time. • Select species consistent with growing conditions on the site and coherent with the adjacent landscape. Plant species should be chosen based on their ability to survive on the site as indicated by: o Local soil conditions including compaction, texture, moisture and nutrients. o Climatic conditions including susceptibility to winter injury, slope and aspect. o Compatibility between species to ensure successful establishment of a range of species and life forms. Bremerton Integrated Vegetation Management Plan April 2015 Page 8 • Identify pests (including diseases and invasive or restricted noxious weed species) likely to be found on the specific site. 2. Make a vegetation management plan. The most effective plan is simple and concise, using a bullet format to outline objectives and identify likely actions or sequences of actions. The plan should identify specific and generic treatments. For example, should an unacceptably high density of low shrubs be identified on site (based on competitive interactions between tall shrubs and desired tree species) the plan would dictate specific treatments, such as single-stem, selective herbicide treatment. The plan should indicate a schedule for vegetation monitoring activities, including both timing and type of monitoring. 3. Select objectives and plant species consistent with the goal of the target site. Choose and deploy vegetation management treatments that achieve the desired effect with minimum disruption to the rest of the plant community. 4. Promptly treat before undesirable vegetation dominates the site. Promptness improves vegetation management effectiveness for several reasons: • Desirable or acceptable plant species are likely better able to take advantage of growing space opened by vegetation management if they have not been nearly overwhelmed by competitive interaction with undesirable species. • Most vegetation management treatments are more successful in controlling small individual plants than they are at controlling well established plants. This is particularly true when attempting to control root reproducing species like reed canary grass or Canada thistle. • Controlling undesirable plants after they have released seed will necessitate ongoing treatments until that seed bank is reduced, or desirable vegetation overtakes the site. 5. Integrate treatments for success. Specific vegetation management treatments are generally more effective in achieving certain objectives. Effectiveness of vegetation management can be greatly increased by using a sequence of treatments to integrate effects into fully effective control. For example, when controlling root sprouting species herbicides that translocate only moderately well may provide broad spectrum control of population numbers but do not provide lasting control due to inability to translocate throughout the root system. In these circumstances using cultivation to break up root systems, waiting for re-sprouting then spraying with the herbicide is likely to yield far more robust control. Bremerton Integrated Vegetation Management Plan April 2015 Page 9 6. Monitor sites frequently, especially after treatments, to identify need for follow-up treatments. Monitoring helps ensure treatments were successful —for example, some herbicide treatments can fail during periods of climatic stress (extreme moisture or extreme drought). Linking monitoring methods to the objective will greatly improve the likelihood of success by timely identifying and dealing with any other issues that may have developed, helping ensure quick response to issues. Integrated Vegetation Management identifies and implements an array of treatments. IVM then evaluates strengths and weaknesses of the control measures and makes adjustments to ensure the best control strategies. This Plan provides guidance on prescribing, integrating and deploying cost effective vegetation management. Special considerations will be taken in pesticide use providing specific guidance around regulatory requirements, safety, environmental protection and prescription. The following integrated prescriptions will provide the most consistent success over time in a cost effective manner. TARGET VEGETATION ZONES Below are examples of plant zones that are most commonly managed by City Staff. These sections contain information to help guide staff in successfully managing common invasive plants. Shoreline Buffer Zones Review the Bremerton Shoreline Master Plan before implementing control along these sensitive areas. (http://www.ecy.wa.gov/programs/sea/shorelines/smp/mycomments/bremerton/restor ationplan.pdf) Vegetation management for shorelines must be in accordance with the City Shoreline Master plan and in accordance with Washington Department of Ecology's regulations. Government regulations protect water features. The Washington State Wetland Rating System sets procedures to determine wetland classes and function levels (Hruby 2004). The City of Bremerton regulations restrict the use of non- aquatic herbicides and fertilizer within 50 feet of water bodies within urban areas. Integrated management decisions must specifically consider the impacts of activities on not just one part of the tidal shoreline but in all of parts of the system (i.e., upland, riparian buffer, intertidal wetlands, or littoral subaqueous lands). Integrated management adapts project design to local conditions in order to minimize cumulative adverse impacts to ecological services provided by the tidal shoreline Bremerton Integrated Vegetation Management Plan April 2015 Page 10 system. In general, shoreline management decisions that maximize positive ecological elements and minimize negative elements are best. In general, control efforts should be placed in the following order: upland, riparian zones, and intertidal zones. Vegetation management in the shoreline buffer zones should follow all City Department of Community Development and Washington State regulations before any plant material is removed from these sites. Control Methods for Shoreline Buffer Zones: Cultural Controls: o Plant non-invasive species o Provide clean fill for any restoration site o Provide clean plant material o Provide native plants for cover to shade out invasive plants Mechanical Controls: o Physically remove invasive plants, using the least intrusive removal method. Movement of soil and sand may be detrimental to the integrity of the shoreline. o Cut invasive plants frequently. Chemical controls: o Chemicals should be used judiciously and great care needs to be taken to reduce the risk of products moving into the water. Only use chemicals that are labeled for the use in aquatic areas. o Use of a cut stump treatment may be necessary for aggressive invasive shrubs. Using cut stump treatments may reduce the negative impacts of soil disturbance. o Foliar treatments are not advised unless dealing with noxious or aggressive invasive weeds. Some invasive plants of concern along shorelines: • Knotweed • Butterfly bush • Himalayan Blackberry • Ivy • Perennial Pepperweed • Purple Loosestrife • Non-native Grasses o Reed Canary grass Bremerton Integrated Vegetation Management Plan April 2015 Page 11 o Silver grass o Ravenna grass o Pampas grass o Jubata grass • Perennial sweet pea • Birds foot trefoil • Canada thistle • Black locust • Bull thistle • Ox-eye daisy • Perennial sow thistle • Queen Anne's lace • White and Yellow Sweet Clover • Yellow Flag Iris • Non-native cattails All shoreline management should focus on restoration and protection of the biological integrity of the riparian area. Sidewalks, Parkina Lots, Hardscaues and Right of Way Target vegetation along sidewalks and roadways is vegetation that includes public health nuisance vegetation, nuisance grass and weeds and vegetation posing a risk to safety. Public Health Nuisance Vegetation Public health nuisance vegetation includes vegetation that grows along public roads and sidewalks, is unsightly, and which may contribute to health problems. Nuisance vegetation growing within 10 feet of the Rights of Way (ROW)will be considered target vegetation. Nuisance Grass &Weeds Along the shoulders of roads, grass growth will be encouraged and maintained through mechanical mowing. However, in some instances grasses and weeds may grow in areas where control is limited to the use of herbicides. These areas include cracks in asphalt, brick, concrete, planting beds and along guardrails. In these instances, grass and weeds will become target vegetation if the stem density and height impacts established plantings, impedes movement, detracts from a well-maintained appearance, or hampers visibility and/or if the roots undermine asphalt, brick, concrete or other surface material used for pedestrian and vehicle travel. Bremerton Integrated Vegetation Management Plan April 2015 Page 12 Vegetation Posing a Risk to Safety Vegetation that hampers visibility or impedes movement along sidewalks and streets is considered a risk to public safety. Control of public shade trees, shrubs and growths along public ways is important to maintain public safety. Plants interfering with traffic and visibility will be controlled by removing and/or hand cutting. However, due to topography, rate of growth, or physical characteristics, certain plant species and/or locations may require control by herbicides. Control Methods: Sidewalks, Parking Lots, Hardscapes and Right of Way The decision to use a vegetation control technique will depend on evaluating the specific situation. Emphasis will be given to the control tactic that will address the vegetation problem in the most environmentally sound manner and in a way to minimize vegetation control in the long term. Cultural Controls • Sealing Cracks • General Right of Way repairs (i.e. repaving, installing new sidewalk) • Use of ground cover where appropriate (i.e. under guardrails) Mechanical Controls • Selective Pruning Hand cutting consists of the mechanical cutting of target species using chainsaws and brush saws. Target species are cut as close to the ground as practical with stump heights usually not exceeding three inches. Hand cutting is used in order to protect environmentally sensitive sites or on target vegetation greater than twelve feet tall where herbicide uses is prohibited by regulation. Hand cutting is used on those restricted sites where terrain, site size or sensitivity renders mowing impossible or impractical. Hand cutting may be used at any time of the year. • Ground Cutting Selective trimming consists of the mechanical pruning of the tops or encroaching limbs of tall trees which may hamper access to the roadway. This trimming will be accomplished using aerial lifts mounted on trucks or tractors or, if terrain or obstructions prevent equipment access, by climbing crews. • Mowing and Brush Cutting Mowing and brush cutting consists of the mechanical cutting of target vegetation using machines. Depending upon the resources available, mechanical cutting may be using a homeowner type push mower, a large ride Bremerton Integrated Vegetation Management Plan April 2015 Page 13 mower, rotary brush mower, edgers and line trimmers. Selection of specific equipment is based on terrain, target vegetation size and equipment availability. Mowing and brush cutting will be used in most areas where terrain and target stem size permit efficient use of the equipment. Mowing shall be the principal vegetation control measure on the shoulders of roads. Mowing may be used at any time of the year except when weather precludes operations. • Street Sweeping Street sweeping may be used at any time of the year. Chemical Controls When chemical controls are deemed the best control method, citizens will be notified of the treatments. Notification will be sent to local newspapers and posted on the City Website (see Attachment E for an example of the news release). Citizens wishing to maintain locations without pesticides are welcome to sign up for the "Owner will maintain agreement" found on the City Website and in Appendix F of this document. • Cut stump treatments Cut stump treatments consist of mechanical cutting of target species using chain saws immediately followed by herbicide treatment applied with a squirt bottle, a hand pump sprayer, or painted on the freshly cut surface of the stump. The herbicide is limited to the freshly cut surface of the remaining stump. The cutting procedure is identical to that outlined in Hand Cutting. Cut stump application is preferred during the dormant period. • Foliar treatments with low volume and low pressure equipment Foliar treatments involve the selective application of an herbicide(s) diluted in water, to the foliage of the target vegetation. Foliar treatments use low pressure, below 60 psi at the nozzle, for application. Foliar treatments can be made using a hand pump sprayer or squirt bottles. The herbicide solution is applied to lightly wet the target plant. This technique has few limitations with the exception being reduced effectiveness on tall, high-density target vegetation. This technique is the preferred method for sidewalk, hardscapes and right of way nuisance vegetation. • Foliar treatments with power equipment (high volume foliar) Another foliar treatment uses tractor mounted application equipment that delivers the herbicide solution through hand held nozzles attached to a hose. The herbicide solution is sprayed to thoroughly wet the target vegetation using a water based herbicide mixture from a pressurized tank on the application vehicle. This technique is used along roadways that have good access where obstructions, terrain or site sensitivity does not exclude the equipment. Foliar Bremerton Integrated Vegetation Management Plan April 2015 Page 14 applications will take place when plants are in full leaf and actively growing and in accordance with the manufacturer's recommendations. Meadows/ Open Space Importance of Integrated Management for success — Ecological importance of meadows Meadows are defined as a habitat that is vegetated primarily by grasses and other non-woody plants. Meadows play an important ecological role in supporting a host of wildlife and multiple wildflowers that support pollinators including bees. Meadows typically need continual human intervention to prevent them from reverting back to forest. "Transitional" meadows Transitional meadows are defined as a field, pasture, or other cleared land that is transitioning into more wildflower species that require minimal management. The grasses will eventually become shaded out when scrub and woody plants become well-established, aiding in the ecological transition back to a forest. Meadows are often prone to infestations of invasive plants due to their open nature and the often limited management. Invasive weeds have the ability to invade a meadow and quickly take over, pushing out the desirable mixed grass and desirable wildflowers. The invasive vegetation often has lower forage value and has the ability to multiply quickly over short periods of time. Invasive plants that are prone to invade areas may include but not limited to: • Noxious Weeds o Scotch broom o Tansy ragwort o Common tansy o Reed Canary grass o Bull thistle o Canadian thistle o Milk thistle o Oxeye daisy o Hawkweed o Knotweed • "New invaders" o Common comfrey o Yellow rocket (brassica) Bremerton Integrated Vegetation Management Plan April 2015 Page 15 o Cocklebur o Western Salify o Chicory Removal of shrubby invasives in meadows Most invasive shrubs will be removed through mowing but if invasive woody shrubs are allowed to grow beyond a manageable level through mowing, hand removal will be necessary. Broom and other tap rooted perennial shrubs can be removed with the weed wrench. Selective herbicides may be used to spot treat densely infested areas of shrubs and broadleaf weeds. Herbicide use should be limited and should be targeted rather than just broadly applied. Herbicide management should use products that will not persist in the system. Herbicide applications should be done in early spring to address the new spring emergent plants. Early detection and rapid response is key to reducing or eliminating any need for herbicide use in meadows. When new invaders are stopped before they can set seeds or move through vegetative growth, the meadow can thrive and provide ecologically significant habitat. This habitat is key for wildlife and is also beneficial for human enjoyment and interaction with the area. A fully integrated plan for meadows will include mowing, targeted herbicide treatment and hand removal. Re-vegetation or enhancement may be necessary for full restoration. Reseeding may be necessary to promote a healthy meadow. Reseeding should be done in early spring or in fall and may best be accomplished with a no till drill to help preserve the existing vegetation. Make sure to not bring in any new invasive plants in the newly planted "mix" work to ensure that the mix is truly native. Park Play Areas Parks department mission statement: Bremerton Parks and Recreation is committed to providing an array of Parks, Open Spaces, Trails and Recreational Opportunities that are responsive to citizens needs and build community through celebration and inclusion. The following qualities represent the ecological values of Bremerton's Parks and Recreation Department: • Maintain and/or restore the ecological integrity of public parks • Enhance the habitat for terrestrial and aquatic life • Maintain open public spaces with minimal pesticide inputs Bremerton Integrated Vegetation Management Plan April 2015 Page 16 • Manage shoreline resources to protect and enhance habitat Playgrounds Play structures and lots are inspected twice a month. "Wood Carpet" mulch surrounding the play structures is replaced annually or as needed. Shrubs are pruned when forming an obstruction, for aesthetic purposes and for plant health reasons. Shrubs are planted or replaced in the fall. Planting beds are mulched once a year and inspected during the growing season (April — October), and during the off-season (November— March). Annual floral displays are installed twice a year and manual watering occurs during extended dry periods. Weed control in planting areas is accomplished by mechanical and/or chemical means as needed. Shrubs are pruned when forming an obstruction, for aesthetic purposes and for plant health reasons. Shrubs are planted or replaced in the fall. Perennials are pruned prior to the start of the next growing season. Leaf removal occurs in the fall. Qualified, licensed staff will perform any chemical applications on parks and city owned properties. Licensed staff will also chemically control weed growth in hardscape areas in the downtown commercial area. The practices of Integrated Vegetation Management (IVM) will be considered when weed control measures become necessary. Reducing chemical use, without sacrificing effective control measures, is the preferred process. Workload and limited resources indicate a need for effective weed control. While the city is sensitive to concerns of using chemical control, the City in conjunction with county experts, has determined that the economic benefits of using some chemical controls outweigh the potentially negative environmental effects. The City Public Works and Parks programs are not staffed to accomplish weed control entirely by hand. LANDSCAPE ZONES Buffer Zone A buffer zone is a landscape area which serves to visually obstruct views from abutting uses. For this document these "zones" will be defined as the areas along parking areas, and between roadways and "edge" areas, including street medians. These areas are predominantly shrub areas with some small trees. These sites are prone to high traffic, litter, and damage due to cars and foot traffic. Bremerton Integrated Vegetation Management Plan April 2015 Page 17 These areas are prone to small annual weeds. Due to the close proximity of all of the desirable plants, management will be difficult and will be mostly focused on hand removal. Integrated management could include the use of mulch to suppress new growth of annual weeds. Crop competition will also be a useful management tool. These zones are widespread throughout the city. Management may be time consuming and labor intensive. The first line of defense will be at the time of design and installation. During design there should be care taken for the types of plants that are chosen for the site and also there should be a plan to help the plants to establish quickly, including ensuring the topsoil and mulch are as free as possible from invasive weed seeds. Establishing the desirable plants quickly will provide for shading out and pushing out of invasive weeds. Caution should be taken to choose plants that are not prone to disease, as these buffer zones are high plant stress areas and can be prone to attracting invasive and nuisance weeds. The following describes integrated vegetation management techniques for buffer zones: Woody Trees and Shrub Beds Densely shaded plantings reduce weeds. Pre-plant weed control is not as critical as in other types of plantings. It is often necessary to combine treatments for complete weed control. Control perennial weeds before planting (although control may be possible after planting); use geotextile fabrics with a a shallow layer of mulch or use a thick layer of mulch without a geotextile base; use a pre- emergent herbicide, if needed, and supplement with spot applications of post- emergent herbicides and/or hand-weeding. Perennial weeds may be controlled by manual removal, spot applications of glyphosate or, in some instances, dormant-season application of pre-emergent herbicides. Escaped weeds may be controlled manually or with spot applications of post-emergent herbicides. Woody Ground Cover Beds Woody mature ground covers should exclude most weeds; however, weed encroachment during establishment is likely. Control perennial weeds before planting, although perennial grasses may be selectively controlled with selective grass herbicides. Annual weeds may be controlled with mulch plus a pre- emergent herbicide, supplemented with some hand-weeding. Use geotextiles where possible but do not use them where ground covers are expected to root and spread. After planting, it is difficult to make spot applications of nonselective herbicides without injuring desirable plants. Post-emergent control of most annual and perennial grasses is possible. Bremerton Integrated Vegetation Management Plan April 2015 Page 18 Annual Flower Beds A closed canopy will help shade out many weeds. Periodic cultivations -will suppress many weeds. Control perennial weeds before planting and carefully select flower species for weed management compatibility. Annual weeds may be controlled with mulches, pre-emergent herbicides, frequent cultivation, and/or hand-weeding. Perennial grasses can be selectively controlled grass-selective herbicides, but other perennial weeds cannot be selectively controlled after planting. Geotextiles generally are not useful because of the short-term nature of the planting. Avoid nonselective herbicides after planting. Herbaceous Perennial Beds Weed management options in herbaceous perennial beds are similar to those for annual flowers, except (1) it is more important to eradicate perennial weeds as there will be no opportunity to cultivate or renovate the bed for several years; and (2) fewer species are included on herbicide labels. Control perennial weeds before planting; use geotextiles where possible; use mulches with a pre- emergent herbicide; and supplement with hand-weeding. Mixed Plantings of Woody and Herbaceous Plants Weed management is complex because of the diversity of species. Different areas of the bed could receive different treatments. Site preparation is critical because post plant herbicide choices are few. Plant the woody species first; control perennial weeds in the first two growing seasons, then introduce the herbaceous species. Plant close together to shade the entire area. Another option may be to define use-areas within the bed that will receive similar weed management programs. Turf Turf areas include park lawn areas and athletic fields. A variety of pest issues may affect each turf type and location, therefore pest management practices may vary accordingly. The turf-growing season usually begins about April and continues through October, depending on weather conditions; maintenance frequency depends on use. Right-of- way turf is maintained mainly by mowing every other week during the growing season. Athletic field maintenance includes weekly mowing, core aeration, fertilization, seeding, irrigation, weed control, soil testing, and repair. Pest tolerance thresholds will need to be set based on impacts and aesthetics. There will always be some level of weed, insect, and disease pests. Staff will make a Bremerton Integrated Vegetation Management Plan April 2015 Page 19 decision on the pest tolerance based on available staff time along ecological and aesthetic requirements. Many pests may be controlled through keeping turf healthy and well maintained. The following summarizes controls for broadleaf, insects, disease, and grass for various turf areas: Weed control Broadleaf weeds in turf are generally tolerated to an extent. When control is deemed necessary, the following method should be followed: • Monitoring of watering practices • Fertilization • Aeration • Top-dressing • Over-seeding Through cultural practices, park turf should be healthier and more competitive with many broadleaf weeds. When broadleaf weeds exceed an acceptable level, then Chemical control may be used. When using herbicides follow these guidelines: • The least toxic, least residual pesticide should be used for spot treatments (selection based on referring to EPA approved label.) • General broadcast treatments should be avoided and only used when other control methods fail. • Timing of such applications should be made to avoid contact with the public to the maximum extent possible. • The site that has been treated should be posted. Insect Control Chemical control is to be used only in limited circumstances in high-visibility/high-use park turf areas and according to the following guidelines: • Chemical applications should be spot treatments directed specifically at the turf areas containing the pest. • The preferred initial choice for application in high-use areas is the safest, least toxic product available. Disease Control Disease in general park turf is typically tolerated and not actively controlled; the following guidelines should be observed: • In high-use/high-visibility park turf areas, disease should be controlled by performing sound turf cultural practices that may include the selective use of approved pesticides. Bremerton Integrated Vegetation Management Plan April 2015 Page 20 • Pesticides may be used as a part of the management strategy to control disease in park turf areas. Pesticides used will come from the list of Reduced Risk Pesticides approved for use. Staff will follow all pesticide regulations. Grass Trimming Control The control of grass growing along fence lines and around trees, bollards, posts, and other landscape features may be necessary. Careful employment of grass control techniques is especially important around trees where impacts from mower line trimmers and other damage can lead to tree loss. The following are acceptable grass trimming management practices: • Grass is carefully trimmed using gas-powered string trimmers or push-type lawn mowers. Herbicide applications are performed periodically to provide pre- emergent control of weed and grass seed not yet germinated. • Herbicide applications to control existing weeds and grass should only be used minimally. • Concrete mow strips are sometimes a good alternative to herbicide application or grass trimming; however, the installation of such mow strips is expensive and usually beyond the resources available. Turf Maintenance Program Criteria The City will consider the following criteria when selecting turf maintenance strategies: • Human health and safety • Minimal impact on the natural controls for the particular pest • Minimal negative impacts to non-target organisms • Minimal environmental damage • Maximize potential for long term control • Be operationally effective and feasible • Be cost effective in the short and long term Urban Forestry/Utility Lands Bremerton manages its forest lands in accordance with Washington DNR standards and regulations. Refer to the "Forest Management Strategies" document created in the Forestland Management Plan. (http://www.ruraltech.org/projects/bremerton/). Management strategies can also be informed through the "State of Urban Forestry in Puget Sound" (httn.//www.forterra.org/files/Urban Forest Regional White Parser.pdf). All parts of a tree—roots, stems, foliage, shoots and terminal leaders—are vulnerable to attack by pests. Pests also include invasive plants and the pressures these plants Bremerton Integrated Vegetation Management Plan April 2015 Page 21 pose to desirable vegetation. Pest damage can range from slight damage that has no effect on the value of the harvested product to severe damage that stunts or kills the trees or reduces their market value. Tree pests include insects and mites, diseases, weeds, vertebrates, and nematodes. Managing tree pests effectively should be based on thorough consideration of ecological and economic factors. The pest, its biology, and the type of damage are some of the factors that determine which control strategies and methods, if any, should be used. Pest management decisions largely determine the degree and amount of pesticide used. Ultimately, pest management decisions represent a compromise between the value of the product, the extent of the pest damage, the relative effectiveness and cost of the control measures, and the impact on the environment. When monitoring or scouting an area, examine the center of the area as well as the margins. Note competition levels among trees and other plants. Note types, quantity, and location of weeds. Look for signs of animal activity. Check a representative sample of trees for signs and symptoms of insect and disease problems. Inspect all parts of the tree, from top to bottom and from branch tips to trunk. Depending on the pest, the use of traps or microscopic examination may improve the information gathered by visual examination. Trained staff will determine the threshold level for implementing the correct tools within integrated vegetation management strategies. Cultural management • Good site selection, • Planting resistant varieties, • Selective pruning. Cultural techniques can make it less likely that the pest will survive, colonize, grow, or reproduce. Cultural management can be very effective in preventing pests from building to unacceptable levels. Mechanical management • Tillage • Mowing Biological management Biological controls include beneficial predators, parasites and pathogens that kill pests. There are many more known natural enemies of insect pests than there are Bremerton Integrated Vegetation Management Plan April 2015 Page 22 natural enemies of disease pests. Biological weed control is generally aimed at non- native introduced weeds. Examples: Ladybugs, lacewings and certain mites are common predators of other insects. Some tiny wasps and some fly species are parasites of other insects. Many beneficial parasites are host specific and do not control a wide range of pests. Parasites and predators are often very effective at keeping insect pests at low levels. Insects are also affected by a variety of bacterial, fungal, and viral diseases that affect only insects. Biological control organisms are very sensitive to pesticides. Pesticide applications to control a pest may have the unwanted side effect of wiping out part of the natural predator and parasite population along with the pest. This, in turn, may cause a population explosion of a different pest in the void left by the predators and parasites. Chemical control Pesticides are a very important tool in IVM when large pest populations threaten high-value trees. Knowledge of the pest's life cycle, selection of an appropriate pesticide, proper timing of the application, and use of the right application equipment will improve coverage and effectiveness. Products approved for use are listed in Appendix A. In addition, judicious use of approved herbicides will be implemented to control invasive weeds including but not limited to: • Scotch broom • Butterfly bush • Holly • English Ivy • Tansy Ragwort • Clematis • Thistles • Yellow and White Sweet Clover Union River Watershed Bremerton's drinking water comes from the Union River Reservoir at the headwaters of the Union River, and groundwater from production wells located in the Bremerton area. All sources are managed in accordance with Washington State Department of Health requirements, federal Environmental Protection Agency (EPA) regulations, and best management practices for water supply systems. Because of the protection of the Union River watershed lands and other water practices, Bremerton's Union River supply is one of the few systems in the country Bremerton Integrated Vegetation Management Plan April 2015 Page 23 allowed to remain unfiltered. This allows Bremerton to operate the water system as efficiently as possible. Watershed protection is the first and most critical component to protecting Bremerton's water supply. It is much healthier, easier, more economical and environmentally sound to protect water quality to begin with than to treat it to remove contaminants after the fact. Without diligent safeguarding of the hydrologic boundary and other lands near the Union River Reservoir, Bremerton would lose its unfiltered status and be required to build a water filtration plant estimated to cost $32 million with $600,000/year additional operation and maintenance costs. Vegetation management is critical to the protection of the Union River watershed. Any vegetation management must comply with all state and regional laws to ensure the safety of drinking water and provide resource integrity. Cultural Controls • Control of trespassing • Proper sanitation of areas • Use of proper plants Mechanical control • Physically remove plants prior to seed set • Cut shrubs • Dig out roots • Mow Examples: Cut Blackberry down to the ground when plants re-sprout from the root masses; grub out the roots and dispose of them properly. Scotch broom when mowed frequently will stay at manageable levels. Biological control • Biological control is not recommended and would only be used in a critical situation under highly controlled circumstances. Chemical control • Chemical controls are not recommended; if absolutely necessary would be used as an emergency procedure under highly controlled circumstances, and in a limited area. Bremerton Integrated Vegetation Management Plan April 2015 Page 24 The entire hydrologic boundary of the Union River Reservoir and West Branch basin is a "No Pesticide Zone." No pesticide applications will be made in the designated "No Pesticide Use Zone" as determined by staff and Washington Law. Twin Lakes Area Twin Lakes is located in southwest Kitsap County (470 31'22" latitude and 1220 45'40" longitude). Immediately adjacent to Twin Lakes are City of Bremerton drinking water Wells 18 and 20. Twin Lakes is a glacier-formed physical feature with no natural inlet or outlet. The Lake is a surface expression of the Twin Lakes Aquifer and is hydraulically connected to City drinking water wells 15, 17, 18, 19, and 20. The drainage area to Twin Lakes is defined by extending an 800 foot radius from the approximate center of the lake. This area is also the aquifer recharge area for Wells 18 and 20. GOAL: The goal is to protect the City's drinking water supplies from contamination. POLICY: Application of pesticides, herbicides, or fertilizer within 800 feet of Twin Lakes is restricted as described below. The City of Bremerton is responsible for protecting the quality of its drinking water. Because any water going into Twin Lakes and any contaminants in that water flows into the aquifer supplying drinking water wells, the City has implemented the following restrictions regarding the application of pesticides, herbicides, or fertilizer within 800 feet of Twin Lakes: 1. There shall be no application of fertilizers above agronomic rates. 2. There shall be no application of pesticides or herbicides with the following exceptions: • Within the ballast of the railroad track ONLY (12' on either side of the center of the track) the following herbicides may be used for weed control: o Glyphosate product o Acetic Acid not to exceed 20% o Pelargonic Acid • For Scotch Broom control a manual cut stem treatment with Garlon 3 amine formulation (no kerosene) may be used when removal by physical means is not sufficient. 3. All pesticide use will follow the Bremerton's Integrated Vegetation Management Plan. Bremerton Integrated Vegetation Management Plan April 2015 Page 25 4. An annual report of herbicide application will be sent to: Water Resources Manager City of Bremerton 100 Oyster Bay Avenue N Bremerton, WA 98312 5. There will be no exceptions to this policy. 6. Any removal or killing of weeds not described above must be performed mechanically, manually or by other non-chemical methods such as steam. Mulching can be an effective weed deterrent. Operations affected by this policy include the Navy railroad track maintenance, Gold Mountain Golf Course, and City Forestry Division. These entities have been informed of this policy. TWIn Lakes Protection Area • �v • � � �, �st� 1`t T, /J r 4 ya r —f 7.16 Q14 t ' ` o aaa�vmrwa�wa. {�w . fw • '1�1*. .. •.�. ' ..�• ''`•}4{,s�i,+ i� 0 250 6W 1,000 1.600 2000 C:.::l•ar.—...rar...... Feat Pa Bremerton Integrated Vegetation Management Plan April 2015 ge 26 Urban Trees Urban trees should be managed in a manner that keeps citizens safe and the trees healthy. • Inventory and assessments should include a map illustrating topography and vegetation. • Trees that are proposed for removal and/or pruning must be designated and identified • Tree health requires some maintenance and a plan that includes tasks for pruning. • Topping of trees should be discouraged • No trees should be removed from public lands solely for private views Refer to Bremerton Municipal Code 13.10 "Municipal trees" http://www.codepublishing.com/wa/bremerton/html/Bremertonl 3/Bremerton1310.html #13.10.090 Trees are aesthetically pleasing, contribute to wildlife habitat, provide shade and shelter from the weather, and help clean the air of pollutants. Because trees are often very large and tall, accessing and managing pests and disease may present unique challenges. • Urban Tree Pest Tolerance Thresholds: o Some insect and disease pests in trees are to be expected. o Insect or disease pests in selected, high-value specimen trees may require control measures. • Physical Tree Damage Control: o Tree loss damage most often occurs when construction equipment, mowing equipment, or string trimmers repeatedly strike trees. Damaged bark may result in tree loss. Damage may be controlled by observing the following guidelines: -Removing turf from around the tree base to create tree mulch rings 3 to 4 feet in diameter can substantially reduce damage caused by mowers and trimmers. -With tree mulch rings, pruning should be conducted for tree health reasons and for hazard reduction in conformance with the International Society of Arboriculture standards. • Insect Control: Bremerton Integrated Vegetation Management Plan April 2015 Page 27 o Conditions may make it less desirable to attempt controlling insect pests in large trees. Aerial spray equipment often involves a high probability of the applied pesticide leaving the area due to wind drift. When insect pests are to be controlled in trees, the following measures should be used: -Trees highly susceptible to specific insect pests may be removed from the landscape and replaced with resistant species. -The portion of the tree affected by the insect (such as tent caterpillars) can be physically removed, eliminating the pest. -An insecticide may be applied to control a specific insect pest only in certain situations. Such situations include pests on specimen-quality trees, in high-visibility locations, or where the presence of the pest threatens the life of the tree. When pesticide applications are made, product drift should be controlled. -Injection technology may allow for systemic control of certain insect pests with minimal or no impact to human or environmental health. Example: Tent caterpillar and webworm tents Tent caterpillar and webworm tents may not require insecticide treatment. Pruning out the branches and twigs with egg masses on them during the dormant season may be less time consuming and less costly as applying pesticides. If some egg masses are missed, then prune and destroy the tents containing the caterpillars when the tents are still small. Dormant oil sprays may be applied from January until the middle of February to kill the eggs as well. Insecticide sprays applied to control other pests will control young tent caterpillars. Fall webworm usually appears after harvest so control isn't necessary unless populations are high; spot treatments of infested bushes are effective. To conserve and encourage natural enemies, apply insecticides only if the action threshold is reached and then select the most benign and narrow spectrum materials available. • Disease Control o Tree diseases may lead to a tree becoming a hazard to the public or the surrounding environment. The following control measures may be appropriate under certain conditions: -Trees susceptible to particular diseases may be removed from the landscape and replaced with disease resistant varieties. -When possible, parts of trees affected by disease should be pruned out and properly disposed of to stop the spread of disease within the tree and to adjacent trees. -An appropriate fungicide may be applied to control a specific disease pathogen only in certain cases. These cases include specimen-quality Bremerton Integrated Vegetation Management Plan April 2015 Page 28 trees in high-visibility park locations where the presence of the disease compromises public safety or threatens the life of the tree. -Pesticide applications should not be made unless the potential for product drift can be controlled. -Injection technology may allow for systemic control of certain disease in trees pests with minimal or no impact to human or environmental health. ➢ Examples of diseases of concern include but are not limited to: Sudden Oak Death. ➢ Root rots, stem and branch cankers, branch dieback, wood decay and foliage diseases of Madrone trees. ➢ Many urban trees are susceptible to multiple root rots. Control Recommendations may be to agelessly remove the diseased trees to prevent the spread to healthy trees. • Invasive species control: o Trees are susceptible to negative impacts due to invasive plant pressures. Many invasive plants may cause physical damage to trees. Examples of invasive weeds species of concern include but are not limited to: -English Ivy -English Holly -Tree of Haven -Clematis o Control recommendations for woody invasive may include physical removal in combination with minor cut stump herbicide treatments. INTEGRATED PEST MANAGEMENT IN AN URBAN SETTING A variety of integrated pest management strategies have been proven effective for use in urban arenas against disease, insects, and invasive plants: Cultural • Proper sanitation is the first line of defense • Elimination of favorable breeding sites will greatly reduce the possibility of infestation for a wide variety of insect pests and help control the spread of disease. • Choosing landscape plant cultivars with built-in resistance can reduce pest problems and help control the spread of disease. • Proper plant selection to shade out invasive plants. Bremerton Integrated Vegetation Management Plan April 2015 Page 29 Mechanical • Using physical barriers or traps and altering pest habitat can help diminish pest pressure. • Some ant and roach traps contain no pesticides at all but lure pests by way of a food-attractant onto an adhesive. Some traps rely on pheromones and other scents to attract insects such as Japanese beetle traps. • Window screens and caulking are examples of commonly used physical barriers that are inexpensive and readily available. • The alteration of pest habitat has also been used in mosquito control programs by draining water from their breeding sites. Biological • Use of parasites and even some diseases targeted at specific pest populations. • Use of insects to control insect pests Examples: lady beetles, lacewings and beneficial wasps that provide control of insect pests when incorporated with a variety of plants in a landscape. • Use of Bacerra to control insect pests Examples: Bacillus thuringiensis is a bacteria that produces a protein that is toxic to many species of insects including cabbage loopers, leaf rollers, fungus gnat larvae and mosquito larvae. There are also biological nematicides on the market for control of soil-inhabiting plant parasitic nematodes in turfgrass. Some natural control products containing pyrethrins are also available for use both indoors and outdoors because of their relative safety. • Use of insects to control weeds Examples: use of cinnabar Moth and flea beetles to control tansy. Use of the scotch broom seed weevil to reduce seed set. Chemical The use of chemical pesticides is often needed when other, non-chemical practices are not effective. If pesticides have to be used to prevent or suppress a pest outbreak, it is important to use one that's as specific to the pest as possible • Cut stump where possible • Low pressure Foliar applications Evaluation Evaluation of treatment results is crucial in determining if your pest management program is working. A successful IVM program needs to answer the questions of what worked, what didn't work and what requires revision, improvement or Bremerton Integrated Vegetation Management Plan April 2015 Page 30 elimination. Evaluating your IVM program will help you determine not only the social and environmental benefits of your actions but the financial benefits as well. Golf Course Management Golf Course management must take into account environmental stewardship while providing quality recreational opportunities. Staff is committed to optimizing the management practices through Integrated Vegetation Management. There are several examples and options for use of multiple methods of control. The key is to enhance natural plant resistance and optimize health and vigor of turf. The use of integrated management provides guidance for staff to make the best management decisions. Objectives • Minimize potential hazards to human and environmental health • Provide optimal course playing conditions • Minimize the amount of chemical applications while optimizing application efficacy • Enhance communication with co-workers, golfers, golf course management, and outside agencies regarding agronomic and pest management practices • Control operating costs and maximize budget restrictions with proper planning and execution • Provide easy access to essential information on pest biology, control, agronomic guidelines, and monitoring tools and references • Apply fertilizer only at agronomic rates Golf Course management will provide its Annual Fertilizer& Pesticide/Herbicide report to the Water Resource Division in accordance with the Wellhead Protection Program. Turfgrass Areas Turfgrass areas are broken into three to four different management sub-zones that consist of greens, tees/fairways, rough, and native areas. The greens consist of a combination of genetically modified turfgrass varieties. Turfgrass Management Practices Turfgrass area management involves the largest demand on the labor force, requiring greater than 90% of the resource allocation. The primary objective of IVM is to optimize turfgrass quality and health utilizing best management practices to reduce pest infestation and turfgrass resistance to stress. The primary cultural Bremerton Integrated Vegetation Management Plan April 2015 Page 31 practices include mowing, fertilization, and irrigation. Secondary cultural practices include practices such as aeration, topdressing, verticutting, and overseeding. Primary Cultural Practice • Mowing Mowing is performed as needed based on growth conditions and playability needs. During peak growing season, mowing of greens will occur daily, tees, collars, approaches and fairways twice weekly, and rough areas will be mowed once a week. Mowing heights are expected to vary from .110 - .156 on greens, .400 - .600 on Tees & Fairways, and 1-2 inches in the rough. • Fertilization Management of nutrient availability is crucial in maintaining turfgrass. Management of turf fertility involves the understanding of soil composition, plant nutrient requirements, fertility management history, use of soil test information, and applications of the appropriate fertilizer with the proper application timing. The objective of the fertilizer program is to provide optimal nutrient availability to the turf while simultaneously avoiding the application of excess nutrients to avoid nutrient runoff/leaching to groundwater, disease development and weed infestation. Accordingly, every effort will be made to minimize fertilizer application in an effort to find a balance between optimizing turf quality and preventing nutrient runoff. ➢ Turfgrass Nutrient Requirements The major nutrients for turfgrass health are'�nitrogen, phosphorus, potassium (NPK) along with calcium, magnesium, and sulfur. Essential minor nutrients include iron, boron, copper, manganese, molybdenum, zinc, chlorine, and nickel. The availability of nutrients to turfgrass is influenced markedly by the pH of the soil. Consequently, maintenance of the appropriate pH is an important component of the fertilization program. Whenever possible, slow release fertilizers will be used as the primary source of nutrients, with adjustments being made for special needs and conditions. Greens Bremerton Integrated Vegetation Management Plan April 2015 Page 32 fertilization programs may also include light applications of soluble foliar-adsorbed applied on a frequent basis. ➢ pH Maintenance of the proper soil pH is essential in optimizing the availability of nutrients, and also is important in minimizing overall turlgrass stress. When the soil pH requires adjustment to the more alkaline pH, lime will be added until the targeted pH is obtained. When soil requires adjustments to a more acidic pH, ammonium sulfate or another acidifying product will be added until the targeted pH is obtained. Pest Threshold Levels Damage threshold level for turlgrass is defined as the number of pests detected within a specified area that may lead to corrective action to reduce the density of the specific pest below the damage threshold level. The threshold must be evaluated by trained staff and educated decisions must be made to mitigate damage from pests. Pest Monitoring and Pest Control The intensity and frequency of monitoring will be adjusted based on the likelihood or presence of pest infestation (i.e. seasonal) or in situational/site specific instances. All monitoring observations of potential pest infestation will be reported to City staff. The IVM process and strategies will be implemented continuously and appropriate corrective action will be implemented as necessary. The pest control strategy is sequential and consists of using cultural practices as the first line of defense. Pest control strategy must be developed on a case by case basis with all potential control options given consideration. The decision to implement chemical pest control measures beyond cultural, biological, or mechanical practices will be based on the review of relevant safety, scientific, economic, and environmental information. All products used for pest control will be those approved for use by the Environmental Protection Agency and will be approved by City and County Staff. Fungal Disease Within the overall spectrum of pest management, fungal disease represents the most serious and consistent threat to turfgrass health, and is of concern primarily on greens and tees. Greens and tees will be inspected regularly for symptoms of fungal disease. The primary means of identifying fungal disease will be diagnosis by the Bremerton Integrated Vegetation Management Plan April 2015 Page 33 Superintendent. However, in some instances symptoms consistent with fungal disease may have alternative causes (nutrient deficiency, insects, etc.). When uncertainty regarding potential fungal disease is encountered, samples will be sent to a plant pathology laboratory for confirmation of the presence of fungal pathogens. More frequent monitoring of greens and tees will occur when conditions favor the development of these pathogens. An essential aspect of preventing the development of fungal disease is the optimization of turf vigor through routine cultural practice. In addition, fungal disease control is dependent on the understanding of disease cycle and conditions that promote disease development, the correct recognition of disease symptoms, and the selective use of the appropriate fungicide agents when necessary. Specific cultural practices will be employed to minimize the potential for fungal disease, which are described below. In general, if these measures fail and symptoms of fungal infestation exceeds defined damage thresholds, fungicide applications may be necessary to control disease. Non-Turfgrass Areas These areas consist of bunkers, flower beds, aquatic areas, and buffer zones. These will play a less significant role in the overall environmental health of the property. However, they play a significant role in the overall aesthetic and operational aspects of the course. ➢ Bunkers Bunker maintenance will involve routine maintenance that includes hand raking, edging, and removal of debris. ➢ Flower Beds A number of flower beds exist around the grounds. These areas are aesthetically significant and grab the eye of patrons upon approach to the property. High standards of maintenance will be expected and performed in these areas. ➢ Aquatic areas Ponds can be used for irrigation holding and aesthetic ponds exist throughout the course. Ponds play an important role in the playability and design of the current course layout. ➢ Buffer Zones Buffer zones currently exist adjacent to the waterways and forest management locations. In these areas, special care Bremerton Integrated Vegetation Management Plan April 2015 Page 34 and consideration are given when making fertilizer and fungicide applications, with a goal of limiting fertilizer, fungicide and broadleaf herbicide use. Trails The City maintains a number of trails that may be affected by different pest issues and pest management practices may vary accordingly. Pest Tolerance Thresholds for Trails The following summarizes the pest tolerance thresholds for trails: • Invasive plants should be controlled in conjunction with ecosystem restoration efforts on any park trail as resources permit. • Noxious weeds should be controlled, when found, according to state of Washington requirements. Weeds are generally found on trails and require control only when beginning to compromise trail function. Insect pests that pose a risk to the public (e.g., hornets) should be controlled. Pest Management Strategies for Trails The following summarizes pest management strategies for trails: Weed Control • Weeds on trails are generally tolerated until they begin to interfere with trail function. When control is necessary, the primary method is increasing mulch on, or re-surfacing, the trail surface. • Chemical weed control is often not necessary on trail surfaces, but should be used only as a last resort for controlling particularly difficult weeds. In the cases where chemical weed control is indicated, the following guidelines should be observed: o The least toxic, least residual herbicide should be used for spot treatments. o General broadcast treatments should be avoided. o Timing of such applications should be made to avoid contact with the public to the maximum extent possible. o The site that has been treated should be posted. • Specific weeds of concern: o Ivy o Scotch broom o Blackberry Bremerton Integrated Vegetation Management Plan April 2015 Page 35 o Tansy o Poison Oak Insect Control • Only insects that can cause a health risk (such as wasps and hornets) are controlled on trails. When insect control on trails is necessary, chemical control with an approved insecticide is acceptable and only the individual nests should be treated. Newly Planted Areas in an Urban Setting- Plant ettingPlant Establishment Care should be taken to ensure good establishment of desired plants. Due to the physical constraints of many of the sites there is a possibility that the root systems could be compromised and prone to root disease. Plant selection will be very important for keeping plants healthy. Planting the areas heavily can be a good tool to help prevent weeds but can also then allow for issues with diseases. Most roots are located in the top 6-24 inches of the soil. Soil compaction and improper watering can injure roots and lead to disease and insect damage. Care should be taken during installation to ensure root health. Types of Root Diseases in Newly Planted Areas The two basic types of fungi that cause root diseases are those that kill feeder roots and those that cause decay in the large, woody roots. Many fungi occur on small feeder roots. The more common organisms are species of Phytophthora, Pythium and Fusarium. These break down the feeder roots and reduce the tree's mineral- and water-absorbing capability. Fungi that attack large, woody roots suppress growth, decay food-transporting cells, reduce food storage and reduce structural support for the tree. Signs and typical symptoms associated with root diseases often are confused with mineral deficiencies because high numbers of dead roots reduce water and mineral uptake. Symptoms of root disease include small, yellow, chlorotic foliage; reduced growth; scorch; tufted leaves at the end of branches; and branch dieback. Fungal fruiting bodies (mushrooms or conks) at the base of the tree, as well as white fungal growth under the bark, also indicate root disease. Symptoms of root problems from construction damage or other detrimental activities may appear one to several years after the damage occurred. Direct examination can verify a disease. Carefully excavate roots by removing a small patch of the bark. A brown coloration beneath the bark indicates a dead root, while a healthy root usually appears white or light- colored. Bremerton Integrated Vegetation Management Plan April 2015 Page 36 Weed Management Weed control will have to be a continual effort and should be set on a time schedule of visiting the area throughout the season. During installation care should be taken to ensure the soils are as weed free as possible. Physical removal of weeds in established beds is going to be key. There will need to be long term management to maintain a low threshold of weeds. Weeds that might become an issue in newly planted areas: • Ivy • Common groundsel • Vinca • Birdsfoot trefoil • Bindweed • Sheperd's purse • Invasive grasses o Quack grass o Cheatgrass • Horsetail • Shot Weed Bittercress • Chicory • Perennial Pea Vine • Black Medic RODENTS AND OTHER VERTEBRATES This section establishes guidelines for management procedures for rodents and other vertebrate pests such as moles, mice, and gophers. Management of these pests differs greatly from typical landscape pest management and brings with it a specific set of issues that must be addressed. The presence of rats and mice in park structures and landscapes is considered a health and safety problem because they can vector diseases to humans. Moles and gophers can create turf and landscape problems. Rodent tunneling and hilling can be tolerated in many park areas; however, damage from rodent activities cannot be tolerated. Such soil disturbance can present safety hazards for park users, particularly in turf areas. Bremerton Integrated Vegetation Management Plan April 2015 Page 37 Mechanical control of burrowing rodents such as moles and gophers is allowed with an Ornamentals and Turf category endorsement of the Public Pesticide Applicators license. Where a need exists, gophers and moles may be mechanically trapped in tunnels by licensed personnel. Care shall be taken to assure that set traps are hidden from view and do not create a safety hazard for park visitors. Rat and mouse control within structures such as community centers should be carried out by a qualified structural pest management contractor that utilizes sound IPM principles. Rodent IPM is best addressed through reduction in available food and harborage, however there may be situations where other measures are necessary. Use of pesticides for rodents and other vertebrate pests must occur within an IPM framework and employ materials and methods approved by supervisors. Rodenticides and other vertebrate pesticides may have potential for secondary toxicity to non-target organisms and may pose a potential threat to park users with access to baited areas. Therefore, if rodenticides are used by staff it will occur only through means such as locked bait boxes and not through general or rodent burrow distribution. If employees wish to utilize rodenticides, they must maintain a valid pesticide license with a Rodent certification endorsement. OPERATIONAL GUIDELINES Certification As required by regulation, applicators to the rights of way must hold a valid herbicide certification from the Washington Department of Agricultural, or be working under the direction of a licensed applicator. Herbicide Application Restrictions In addition to the applicable rules and regulations, applicators will adhere to the following operational guidelines: • Weather- Herbicide applications will be restricted during certain adverse weather conditions, such as rain or wind. Herbicide applications will not be made during periods of moderate or heavy rainfall. Foliar applications are effective in light mist situations; however, any measurable rainfall that creates leaf runoff will wash the herbicide off target. If foliar applications are interrupted by unexpected rainfall, the treatment will not resume until the rain ends and active leaf runoff has ceased. Cut stump treatments will not be made during measurable precipitation. Cut stump treatments will cease during measurable precipitation and will not resume until precipitation has ceased. Excessive wind can create drift during foliar applications. Significant herbicide drift can cause damage to desirable vegetation on or off the roadside. Cut Bremerton Integrated Vegetation Management Plan April 2015 Page 38 stump treatments are much less affected by the wind, as they are applied in close proximity to the ground level. • During periods of wind which are strong enough to bend the tops of the main stems of tree species on the roadside, the applicator will periodically observe the application of the foliar treatment to insure that there is no significant movement of the herbicide. If the applicator can see the herbicide moving off target, the application will immediately stop until the wind has subsided enough to permit further applications. • All herbicide solutions to be used for a foliar application will contain low drift agents. Low-drift agents will be added to the foliar herbicide mixture as per the low-drift agent label. In moderate wind conditions, as per label recommendations, more low-drift may be added, at the discretion of the applicator to control increased drift. Foliar treatments will not be made to target vegetation that exceeds twelve feet in height. • Individual landowners may opt to maintain their own area without the use of pesticides. Landowners must sign up for the City "no spray" agreement and clearly mark their area. A copy of the agreement can be found in Appendix F. Herbicide Application Equipment Calibration - Foliar application equipment will be calibrated at the beginning of the season, in accordance with the manufacturer's recommendations. Foliar application equipment will be calibrated to maintain pressures not exceeding sixty PSI at the nozzle and applicator nozzles will be adjusted to apply a coarse spray to minimize drift. Cut stump treatment squirt bottle nozzle will be adjusted to minimize the herbicide splash and overspray. Cleaning- Cleaning of any equipment used by any sub-contractor of the City shall be done at the City facility or the contractor's facility and in accordance with EPA guidelines and product and equipment labels. Mixing— Cleaning the amount of herbicide necessary to carry out the vegetation control, based on monitoring results, will ensure that there will be no waste and minimize potential problems. Vehicles—The vehicles performing the spray operations will be equipped with a bag of absorbent activated charcoal; leak-proof containers; a broom and a shovel in case of minor spills; a log of the herbicides carried on the vehicle will be kept on the vehicle, as well as herbicide labels, fact sheets, and this plan. Bremerton Integrated Vegetation Management Plan April 2015 Page 39 Sensitive Area Restrictions— In defined sensitive areas, limited herbicide use is allowed. Herbicides must be used at the minimum labeled rate for the control of targeted species. Citizen Involvement Citizens play a key role in participating in maintaining parks and public spaces through the ADOPT-A-SPOT Program. This program is a volunteer opportunity which enables individuals, families, civic clubs, garden clubs, businesses, churches, and other organizations to maintain various City areas, such as: Trails, parkways, mini-parks, sections of parks, monuments/historical markers, and other public areas. This program provides an opportunity for citizens to better connect with their community. Projects include park clean ups, landscaping, tree planting, weeding, and general sprucing up. Volunteers will use manual methods of maintenance. Due to rules and regulation of pesticide application on public spaces, volunteers are prohibited from using any product as chemical means of control. Those restrictions cover products including regulated over the counter synthetic pesticides and any home remedies. All applications of pesticides, organic or synthetic, must be done by individuals who hold a valid Washington State Pesticide license or are under the supervision of a licensed applicator. See Appendix: C for the Adopt-A-Spot description and application. Justification of Herbicide/Pesticide Use Pesticide is a general term for any substance (including organic substances) intended for preventing, destroying, repelling, or mitigating any pest. Pests consist primarily of unwanted vegetation and invasive weeds, but can also include insects, disease organisms, rodents, and other organisms. To manage these pests, staff will select the best methods available. When it is necessary to use pesticides as part of an IVM approach, staff will work to minimize risk by careful product selection and application. When developing and updating the IVM program the best expert scientific opinion is relied upon on to inform staff about potential materials and methods. Assessments from regulatory agencies, state university extension scientists and other experts in the field provide much useful specific information. Using the latest pertinent studies as part of our process, decisions will be made on these authoritative sources, best solutions can be obtained within the IVM framework. Part of a complete IVM approach, includes judicious use of carefully selected pesticides that can be an important tool in ensuring quality landscapes and healthy and diverse natural areas. Pesticide applicators are required to comply with all pesticide label directions, federal, state, and local pesticide regulations, and Bremerton Integrated Vegetation Management Plan April 2015 Page 40 applicable safety laws. Misuse of pesticides will not be tolerated. All applications must comply with State and Federal laws. Pesticides are used in those cases where there are no effective or economically viable alternatives. It is recognized that overuse and other inappropriate use of pesticides can actually exacerbate the pest problem (e.g. destruction of natural enemies of pests, development of pesticide resistance, etc.) and trigger further unnecessary use of pesticides. Pesticides often play a key role in pest management programs. They should not be used as the sole source for management but they may be the only control method available. Some benefits associated with the use of pesticides are their effectiveness, the speed of control measures are a key component to integrated pest management. Allowable Herbicide/Pesticide Use The City proposes to use or allow the use of pesticides in the following categories of outdoor public places that it owns or controls in the City and Local Government Area: • Public parks, reserves, street closures and other green open space areas; • Sports fields, ovals and courts & skate facilities; • Planter boxes and flower displays; • Street Trees and street bases/squares; • Civic spaces; • Road edges, sidewalks, streetscape planting, signs, guardrails, paths and stairways; • Outdoor swimming pool surrounds; • Footpaths, laneways and public roads; • Drains (only in consultation with WSU Extension); • Public toilets Pesticide Risk Reduction Although pesticides continue to play an important role in pest management, they also pose risks to human health and the environment. Pesticide risk reduction and risk management are thus essential to proper and responsible use of pesticides. Hazard means the inherent property of a substance, agent or situation having the potential to cause undesirable consequences (e.g. properties that can cause adverse effects or damage to health, the environment or property); Bremerton Integrated Vegetation Management Plan April 2015 Page 41 Risk is a function of the probability of an adverse health or environmental effect, and the severity of that effect, following exposure to a pesticide. Risk can thus be reduced by using less hazardous products and/or by reducing exposure to the product. The Reduced-Risk Pesticide List at Appendix A is the result of a multi-step process that involved both environmental scientists and pest managers. The list was developed based on: 1. A hazard assessment of both the active ingredients and the formulated product; 2. Consideration of the potential human and environmental exposure that may result from use of the product in the particular application proposed by staff; and 3. A decision by staff, in consultation with the Washington State University Extension Office, as to whether a product should be added to the list, and if so, whether it requires a "limited use," "special concern, or "approved product' categorization. Those products designated as "approved products" are the products which will be most frequently used and generally the least hazardous herbicides/pesticides on the list Step 1: Hazard Assessment Summarizes the hazards associated with pesticide products and places the products into Hazard Tiers (Table 1) based on the toxicity of the active ingredient(s) and the other ingredients (if they are identified) in the product. The specific hazards assessed are described in Table 2 and the ingredients in the product are evaluated for each category and ranked as high, moderate or low hazard, according to the criteria in Table 3. Step 2: Exposure Assessment The hazard review and tier ranking process is the first step toward placing a pesticide on the Reduced-Risk Pesticide List. A critical second step is review by City and County staff. Staff discusses each proposed addition/deletion to the list and reviews: • The potential for human exposure or environmental release for each proposed product. Products such as containerized baits, for example, use very small amounts of active ingredient encased in a protective covering. These would therefore pose less exposure potential than,.say, aerosol spray products. • The effectiveness of each proposed product. Does the product work as intended? Bremerton Integrated Vegetation Management Plan April 2015 Page 42 • The need for the product. Is this kind of pest management action truly necessary? • If so, is this the least-hazardous product available for the task? Step 3: Placement on Reduced-Risk Pesticide List Staff makes recommendations for additions/deletions to the list. These recommendations are then reviewed by Staff and Washington State University Extension Office. If the decision is made to list a product, it is categorized in one of three ways: Approved products are products that are generally the least hazardous herbicides/pesticides on the list. Limited Use: These products include specific restrictions on allowable situations. L Special Concern: These are pesticide products that pose the greatest health or environmental concerns, but which are nevertheless considered the least- hazardous chemical alternative for a particular purpose. Most Restricted. City staff will consult with the Washington State University Extension Office prior to use of these products (for example, any product containing neonicotinoids) For special, unforeseen, or emergency situations, City Departments must be granted a formal exemption by the Washington State University Extension Office to use products not found on the Reduced Risk Pesticide List. Most exemptions granted will be for pilot testing of new, safer products. Insufficient measures to reduce risk to acceptable levels can result in adverse effects of pesticide use on agricultural production, health, the environment and trade. This is particularly the case when pesticides are used inappropriately. Pesticide Selection and Methods When choosing a pest management method or herbicide/pesticide product from the reduced risk pesticide list, all personnel should consider the following factors and any additional factors relevant to the selection: • Nature of the site o Erosion susceptibility and potential movement of soil through runoff. o The intended use and function of the landscape. o The feasibility of the method given the area and scope of the problem. Bremerton Integrated Vegetation Management Plan April 2015 Page 43 o The relative importance and public expectation of a site or plantings. o Site conditions such as soil type, grade, drainage patterns, and presence of surface water. • Possible health and safety effects o Consider both short and long term toxicological properties and any other related potential health effects of the materials or methods, both to the applicator and the public. o Equipment operation safety issues for both the operator and the public. o Worker safety and worker injury issues involved with carrying out the method. • Possible environmental effects o Consider both acute and chronic toxicity and any other related potential effects of the material or method to non-target organisms including mammals, birds, amphibians, fish, invertebrates and other organisms. o Environmental effects from potential bioaccumulation. o Potential impacts to non-target plants and other organisms from materials or methods. o Potential impacts to federally listed threatened or endangered species. o Possible introduction or establishment of invasive plants. • Costs Both short and long term costs as they relate to: o Costs of the material or method. Application and labor costs. o Length and quality of pest control. o Feasibility of using a particular method or product. • Characteristics of the product o Target pests and target sites of the product being used. o Possible residual effect, decomposition pathways, rates, and breakdown products. o Volatility and flammability. o Product formulation and package size. o Leachability, solubility, and surface and soil bonding characteristics of the product. o Ease of cleaning equipment after use. o Positive and negative synergistic effects of pesticide combinations. Bremerton Integrated Vegetation Management Plan April 2015 Page 44 Natural Weed Control: Organic pesticides include bacteria, viruses, and fungi that are classified as pesticides based on use, not origin. Pesticides approved for organic gardening or turf must be regulated in the same manner as conventional pesticides. Several biological pesticides are effective only if used at the early stages of an outbreak. Insecticidal soap, sucrose octanoate esters and horticultural oils work by suffocating the target pests. The sulfur products elemental sulfur, lime-sulfur and copper sulfate all have similar modes of action. Botanical and fungal insecticides comprise some of the most toxic compounds used for organic production. For example, most organic or natural insecticides are only effective against young larvae and are ineffective on adults. Various natural substances have been tried as herbicides with mixed success. Clove oil is a botanical that is effective. Corn gluten meal can inhibit the germination and emergence of broadleaf weeds. Concentrated acetic acid is known to have herbicidal properties. While vinegar is one natural source of acetic acid, the substance can also be synthesized. Only non-synthetic forms of acetic acid are permitted but have no residual control and must be applied frequently. The frequent use of acetic acid can have ecological impacts that include acidification of water and soils. To be sold as an herbicide in the US, acetic acid must be registered with EPA for that use. Natural arsenic is prohibited as an herbicide. Synthetic micronutrients such as boron and zinc may not be misused as herbicides. Organic does not always mean better. Studies reveal some organic pesticides can have a higher environmental impact than conventional pesticides because the organic product may require larger doses. Environmental sciences professor Rebecca Hallett and PhD candidate Christine Bahlai compared the effectiveness and environmental impact of organic pesticides to those of conventional and novel reduced-risk synthetic products. All products used on public lands must be certified by the EPA and must be vetted as effective at controlling problems while being an economically viable option. From Christine Bahlai: "In terms of making pest management decisions and trying to do what is best for the environment, it's important to look at every compound and make a selection based on the environmental impact quotient rather than if it's simply natural or synthetic. It's a simplification that just doesn't work when it comes to minimizing environmental impact." Bremerton Integrated Vegetation Management Plan April 2015 Page 45 The most commonly used product is Vinegar. Though thought to be benign, there is research to show that vinegar breaks down the soil structure and kills beneficial microorganisms. In areas where it is applied, vinegar can render the soil sterile for several years. Bremerton Integrated Vegetation Management Plan April 2015 Page 46 Appendix A Reduced Risk Pesticides Approved for Use Pesticides vary widely in their characteristics and their legally labeled uses. Not every registered pesticide will be appropriate for use within our IPM/ IVM programs. Also, certain pesticides may be suitable for one kind of park site or purpose but not for others. Pesticides must be carefully evaluated for their suitability for specific program use before they are included on an approved list. City staff and landscape professionals will consider the following criteria when selecting IVM strategies that include pesticide use: • Human health and safety • Minimal impact on the natural controls for the particular pest • Minimal negative impacts to non-target organisms • Minimal environmental damage • Maximize potential for long term control • Be operationally effective and feasible • Be cost effective in the short and long term The City will only allow the use of pest control products that have received Federal registration. To receive a federal registration number, manufacturers are required to demonstrate that the products do not pose a significant health concern, as long as they are used in accordance to the label. City staff applying pest control products will be familiar with the Operational Guidelines, including the Justification for Herbicide/Pesticide Use section, and the Safety Data Sheet prior to pesticide application. IPM/ IVM program needs for various pesticides change over time as new pest challenges arise. Also, pesticide material availability changes as products, active ingredients, and label uses are added or removed. Information about pesticides may change over time and this may influence their suitability for IPM program use. For these reasons, approved lists need to be flexible to allow for additions and deletions. Consider using a pesticide at its lowest effective rate that is short-lived in the environment and is least toxic to beneficial organisms and the environment. When possible, alternate pesticide use by substituting different pesticides, each with unique chemical modes of action, to help prevent resistance. Commonly used and approved active ingredients include but are not limited to Glyphosate, Tryclopyr, 2,4-d, Imazapyr, and MCPA. Bremerton Integrated Vegetation Management Plan April 2015 Page 47 Note All Chemical treatments, including organic materials, will only be applied by licensed staff that will follow All WSDA rules and regulations. Product Name & EPA# Type Use Location for Product Use and limitations Category Use 3336F Fungicide Approved Golf course, For control of various diseases Product Turf, parks and can be use on all fine turf SDS applications such as commercial and home lawns. Actinovate Fungicide Approved Golf course, A patented beneficial 73314-1 Product Turf, parks microorganism (Streptomyces SDS lydicus strain WYEC 108)that attacks root rot and foliar fungal diseases on lawns, perennials, annuals, trees, shrubs, vegetables, herbs and much more. Effective against: brown patch; take-all patch; dollar spot; downy mildew; powdery mildew; grey mold; root rot; damping off; crown rot; black spot; leaf spots; rusts. Advion Ant Bait Arena Insecticide Special Golf course, Control of nuisance ant (Dupont Concern Park colonies (excluding carpenter 352-664 Structures ants)with the active ingredient SDS indoxacarb, an insecticide that acts through ingestion by ants. The bait's slow-acting poison provides enough time for foraging ants to return to nest sites and contaminate other colony members including larvae and queens, eventually destroying the entire colony. Advion Ant Gel (Dupont) Special Facilities, Golf ADVION®ant gel is designed 352-746 Concern Course, Park for use as a spot or crack and SDS Structures crevice treatment to control ants in residential structures and the non-food /non-feed areas of commercial, industrial, Bremerton Integrated Vegetation Management Plan April 2015 Page 48 Product Name & EPA# Type Use Location for Product Use and limitations Category Use public and institutional buildings/structures, including restaurants, warehouses, food processing plants, supermarkets, hospitals, nursing homes, motels, hotels, schools, laboratories, computer facilities, aircraft, buses, boats/ships, trains, pet shops and zoos. Agri-Fos Systemic Fungicide Approved Golf Course, 'For use on high-value oaks Fungicide Product Parks, City (Quercus spp.) susceptible to 71962-1 Forest, Plant Sudden Oak Death, or in MSDS Beds experiments with Sudden Oak Death control. When labelling permits, use on an experimental basis for Anthracnose control on sycamores. AmTide Insecticide Limited Golf Course, Systemic product that will move EPA Reg. No. 83851-12 Use Parks, City up into the plant system after MSDS Forest, Plant being absorbed by the roots. Beds Place AmTide Imidacloprid 2F T and O near to the portion of the plant that is growing so the chemical can be absorbed. Use a fertilizer containing nitrogen, where it applies, in the solution to enhance the intake of the active ingredient by the plant. Applications can be foliar or soil applications (drenches, broadcast spray, drenches, etc.). A foliar application will provide local systemic activity. Aquamaster Herbicide Herbicide Limited use Golf Course, Terrestrial uses: Spot 524-343 Sidewalks, application of areas MSDS ROW, Plant inaccessible or too dangerous Bremerton Integrated Vegetation Management Plan April 2015 Page 49 Product Name & EPA# Type Use Location for Product Use and limitations Category Use Use near Beds, Parks for hand methods, right of water ways, utility access, or fire prevention. Use for cracks in hardscape, decomposed granite and edging only as last resort. OK for renovations but must put in place weed prevention measures. Aquatic uses: May damage non-target plants. Use for emergent plants in ponds, lakes, drainage canals, and areas around water or within watershed areas. Bond Spreader-Sticker Adjuvant Approved Combines the adherence ability 34704-50033 Product of a latex polymer with super MSDS coverage of non-ionic surfactants. Bond Max promotes rapid spreading for a uniform protective film across the plant surface, thereby enhancing the effectiveness of pesticide sprays. Casoron Herbicide Approved Golf Course, Pre-emergence herbicide that EPA Reg. No. 400-168 Product ROW, Plant kills selective weeds and MSDS Beds, Parks grasses. Casoron 4G controls weeds before they emerge from the ground, by forming an herbicidal vapor barrier in the upper layer of the soil when activated by rainfall or irrigation water. Should be applied before weed seed germination and emergence from the soil (usually from mid-winter to early spring). A single application will usually provide season-long weed control. - handles many problem weeds in and around established woody landscape Bremerton Integrated Vegetation Management Plan April 2015 Page 50 Product Name & EPA# Type Use Location for Product Use and limitations Category Use ornamentals, non-crop areas, fruit and nut trees and nurseries. Competitor Adjuvant Approved Aquatically certified ESO with a EPA Reg No. 2935- Product nonionic surfactant. Enhances 50173 wetting and spreading, Assists MSDS absorption of active ingredients by increasing their coverage on the target surface. Environmentally friendly, 100% biodegradable and specially formulated for use with aquatic pesticides. Contrac all-weather Blox Rodenticide Limited City facilities For control of rats and other EPA Reg. No. 12455-79 Bait Use and city rodents. Treatment by licensed MSDS 28772-56-7 owned staff only. properties. CrossBow Herbicide Limited Golf Course, Post-emergent product that EPA Reg No. 62719- Use Turf, Parks, targets woody plants and brush 260 plant beds, —such as blackberries and MSDS Forestry poison oak—as well as annual and perennial broadleaves, while leaving grasses unharmed. Debug Turbo Nematicide Approved Golf Course, This product is intended for use EPA Reg No. 70310-5 Product Turf, Parks, as an antifeedant, insect SDS plant beds repellent, growth regulator and as a pesticide to control insects on agricultural crops. this product should not pose any health concerns if used in accordance with the label directions. Dithane Fungicide Limited Golf Course, Broad spectrum ornamental SDS Use Turf, Parks, contact fungicide for plant beds, preventative control of rust, Forests scab and other key diseases Bremerton Integrated Vegetation Management Plan April 2015 Page 51 Product Name & EPA# Type Use Location for Product Use and limitations Category Use Docket® DF Fungicide Approved Golf Course, Disease control agent that EPA Reg No. 50534- Product Turf, Parks, controls a broad spectrum of 202-100 plant beds, plant diseases. SDS Forests Docket®WS, Fungicide Approved Golf Course, For Turf and ornamental EPA Reg No. 50534- Product Turf, Facilities diseases. 209-100 SDS Dorado Fungicide Limited Golf Course, For Turf and ornamental EPA Reg No. 100-741 Use Turf,Facilities diseases. SDS Eco Exempt Jet Wasp Insecticide Approved Preferred alternative to Wasp and Hornet Killer Product Freeze but may not act quickly SDS enough during late summer, when yellow jackets are most aggressive. Enstar II Insect Growth Insecticide Special Greenhouse Targets greenhouse insects at Regulator Concern all stages of their life cycle. It (Enstar 5E) mimics juvenile growth EPA Reg No. 2724-476 hormones that prevent MSDS whiteflies, aphids, thrips, scales, mealy bugs and fungus gnats from completing their life cycle, while adult females start laying sterile eggs once they come in contact with the active ingredient(S)-Kinoprene. Essentria IC3 Insecticide Approved Golf Course, To control accessible, exposed Exempt/ Natural Product Turf, stages of crawling insects. Most SDS Facilities, effective results are achieved Greenhouse when used as part of a treatment protocol that includes physical, environmental and other chemical pest control measures. Bremerton Integrated Vegetation Management Plan April 2015 Page 52 Product Name & EPA# Type Use Location for Product Use and limitations Category Use Fiesta Herbicide Approved Golf Course, For use on sports fields and EPA Reg No. 67702-26 Product Turf, Parks, golf courses as appropriate to SDS ROW treat broadleaf weeds. Treated weeds, moss or algae will turn brown or black. Occasionally a darkening of the grass leaf blades can occur after treatment; however the grass will recover within a few days to weeks. Fosphite Fungicide Fungicide Approved Golf Course Only for use on golf courses. A EPA Reg No. 68573-2 Product fungicide for the control of SDS downy mildew, Phytophthora, pythum and various other diseases on agricultural and greenhouse crops. for Turf and forestry applications and domestic trees including conifers, pines, and oaks. Garlon 4 Ultra Herbicide Limited ROW, Noxious weed control. Use 62719-527 Use Facilities, only for targeted treatments of SDS Parks, Forest high profile or highly invasive exotics. Follow label requirements regarding exposure to mist. Garlon 3A Herbicide Limited ROW, For the control of woody plants, 62719-37 Aquatic Use Facilities, broadleaf weeds and vines. SDS Parks, Forest, May be used near and in retention standing water sites such as ponds. Used marshes, wetlands, and the for noxious banks of ponds and lakes. weed control Greenmatch EX Herbicide Limited ROW, A contact, non-selective, broad exemptprod-011/ Use sidewalks, spectrum, foliar herbicide. Natural plant beds, Product does not translocate. SDS Bremerton Integrated Vegetation Management Plan April 2015 Page 53 Product Name & EPA# Type Use Location for Product Use and limitations Category Use Habitat Herbicide Limited ROW, helps protect and reclaim 241-426 Aquatic Use Facilities, aquatic environments by SDS Parks, Forest, improving habitat and rising retention land values for humans and ponds. wildlife alike. Specially Used for formulated for use in aquatic noxious weed applications, Habitat is the most control effective tool on the market today for long-term control of emergent, shoreline and wetland woody invasive species in or near water. Heritage Fungicide Fungicide Limited Golf Course, Consider/emphasize use of 100-1093 Use Turf, Parks compost tea for preventative; SDS improve aeration and monitoring programs. To be used only as a spot treatment on high profile sports greens. JT Eaton Bait Block Rodenticide Limited Sewer For control of rats within the Rodenticide Use manholes and sewer system. EPA Reg. No. 56-42 sewer MSDS 82-66-6 facilities Kaligreen Fungicide Limited 11581-2 Use SDS Milestone Herbicide Limited ROW, For Control of susceptible 62719-519 Use Facilities, weeds and certain woody SDS Park, Open plants, including invasive spaces, noxious weeds. Forest. Used primarily for noxious weed control MillenniumTM Ultra 2 Herbicide Limited Golf course, Post-emergence selective 228-332 Use Turf, Parks, herbicide specially formulated SDS plant beds, to control clover and other ROW broadleaf weeds in a single Bremerton Integrated Vegetation Management Plan April 2015 Page 54 Product Name & EPA# Type Use Location for Product Use and limitations Category Use application. Millennium Ultra 2's composition of 2, 4-D, clopyralid and dicamba provides one of the most effective liquid formulations for broad-spectrum weed control available in the market today. Nufarm Polaris Herbicide Limited Golf course, Post-emergent herbicide Herbicide Use Turf, Parks, effectively manages of grasses 241-426-228 plant beds, and broadleaf weeds plus many SDS ROW brush and vines species in order to prepare timber tracts for planting. Provides superb control to a wide variety of broadleaf weeds, brush and vine species and is an economical alternative to mechanical methods. The product encourages seedling survival by removing competition for sunlight, moisture, nutrients and rooting space. Ortho Home Defense Insecticide Approved City facilities For control of insects. Max Spray (Scotts) spray Product and buildings, EPA Reg. No.239-2663 treatment exterior MSDS 019541007 perimeter Oust Herbicide Limited Forestry, Turf Broad spectrum weed control EPA Reg. No. 352-622 Use product that can be used at SDS varying rates for bare ground treatments, selective weeding on roadsides and in other industrial turf applications, or in forestry situations. Podium Growth Limited Golf course, For the reduction of vertical Bremerton Integrated Vegetation Management Plan April 2015 Page 55 Product Name & EPA# Type Use Location for Product Use and limitations Category Use 100-937 Regulator Use Turf, Parks, growth of warm and cool SDS season turf grasses. To benefit increased turf density and increase color. Roundup Pro Herbicide Herbicide Limited ROW, Used primarily for noxious 524-475 Use Facilities, weed control. Spot application MSDS Park, Open of areas inaccessible or too spaces, dangerous for hand methods, Forest, plant right of ways, utility access, or beds, fire prevention. Use for cracks sidewalks in hardscape, decomposed granite and edging only as last resort. OK for renovations but must put in place weed prevention measures. Note prohibition on use within buffer zone (generally 60 feet) around water bodies in red-legged frog habitat. Roundup Promax Herbicide Limited ROW, Use of Aquamaster+ EPA Reg No. 524-579 Use Facilities, Competitor is preferred except SDS Park, Open in situations where spaces, rain fastness is needed. Spot Forest, plant application of areas beds, inaccessible or too sidewalks. dangerous for hand methods,- Used primarily right of ways, utility access, or for noxious fire prevention. Use for cracks weed control in hardscape, decomposed granite and edging only as last resort. OK for renovations but must put in place weed prevention measures. Note prohibition on use within buffer zone (generally 60 feet) around water bodies in red-legged frog habitat. Bremerton Integrated Vegetation Management Plan April 2015 Page 56 Product Name & EPA# Type Use Location for Product Use and limitations Category Use Sapphire Herbicide Limited Golf course Only use on City-owned golf MSDS Use courses. Secure Fungicide Approved Golf course Secure is a broad spectrum 71512-20-100 Product fungicide for use to control SDS disease of turf grasses on golf courses only. Sluggo Slug and Snail Molluscicide Approved Facilities, Bait Product Parks, plant beds, Greenhouse Stalker herbicide Herbicide Limited ROW, Used primarily for noxious EPA Reg No. 241-398 Use Facilities, weed control. For invasive SDS Park, Open species in natural areas where spaces, other alternatives are Forest, plant ineffective, especially for beds, invasive legumes and sidewalks composites such as yellow star thistle and purple star thistle. Surflan Pre- Limited Parks, Open Pre-emergence seed killer. It is EPA Reg. No. 70506-43 emergent Use spaces, an effective pre-emergent seed SDS Herbicide Forests, Golf and weed control on a broad Course spectrum of weeds and grasses. Talstar Professional Insecticide Limited City facilities For control of carpenter ants -Insecticide Spray Spray Use and buildings. and wood destroying insects. EPA Reg. No. Applied by licensed City staff 82657-04357-55-9 only. MSDS 1349-A Terro Liquid Ant Bait Insecticide Approved City facilities, For control of stink ants, EPA Reg. No. Bait Product buildings and pavement ants and garbage ant 0-70923-00100-2 city owned infestations. MSDS No. 5-1013 properties. Bremerton Integrated Vegetation Management Plan April 2015 Page 57 Product Name & EPA# Type Use Location for Product Use and limitations Category Use T M 4.5 Fungicide Approved Turf, Parks, Product Golf Courses SDS Torque Fungicide Limited Turf, Parks, Torque provides long-lasting EPA REG. NO. 69361- Use Golf Courses curative and preventive control 27-1001 against tough ornamental SDS diseases such as scabs, phomopsis, mildews and rusts. Plus, it's easy-to-use, water- based liquid suspension formula prevents settling after mixing. Turflon Ester Herbicide Limited Turf, Parks, Targeted treatment of turf; EPA Reg. No. 62719- Use Golf Course, broadcast application. Note 258 Open spaces, prohibition on use within buffer SDS Forest,plant zone (generally 60 feet) around beds water bodies. With a new non- petroleum methylated seed oil (MSO) solvent, Turflono Ester Ultra specialty herbicide offers broad-spectrum postemergence control of early emerging, hard- to-control weeds, including wild violet, oxalis, spurge, clover, dandelion, ground ivy, lespedeza and plantain. Turfshide Fungicide Limited Turf, Parks, Prevent soil-borne diseases in EPA Reg. No. 5481- Use Golf Courses turf and labeled ornamentals. 8992 TURFCIDE®is an excellent SDS solution for control of persistent diseases of turf—from snow mold and brown patch to leaf spot and dollar spot. Preventative applications may be made in spring and fall. For control of existing turf disease, TURFCIDE should be treated at first sign of symptoms. Applied Bremerton Integrated Vegetation Management Plan April 2015 Page 58 Product Name & EPA# Type Use Location for Product Use and limitations Category Use Turfshide as a soil treatment, TURFCIDE EPA Reg. No. 5481- also provides protection against 8992 a variety of soil-borne diseases SDS in greenhouses, shadehouses, nurseries, landscapes and field grown ornamentals as well as in interiorscapes. It is available in both granular and liquid formulations. Always refer to the specimen label use and rate recommendations before applying to turf or ornamentals. Wasp & Hornet Spray Insecticide Limited City facilities Control of Wasps, Bees and EPA Reg. No. Spray Use and buildings. Hornet nests for the safety of 3862-174-66603 City owned the public and city staff. MSDS properties, ROW and open spaces. Note: The use of neonicotinoid products will be avoided. Any products containing neonicotinoids will have the highest restriction of use. Bremerton Integrated Vegetation Management Plan April 2015 Page 59 Appendix B Organic/Natural Control Measures The following list is some of the most commonly used "natural' control measures. The table identifies the product use information and the concerns. The concerns section will address other ecological impacts and also time constraints of staff. Product & Target Product/ Use information Concerns license Pest information Avenger® Weed Non-selective, post- Must be applied frequently. Killer emergence herbicide that Therefore time is a limiting quickly and effectively kills factor weeds, grasses and broadleaves Apple Cider Fungicide Apple cider vinegar can Not labeled for use as a Vinegar &fertilizer contain up to 30 trace pesticide in Washington. elements, including Overuse may lead to Not petroleum products. If used changes in soil pH and or Licensed for improperly it will burn may move off site and flow use in public desirable plants. into adjacent drainages. areas BurnOut II Herbicide BurnOut II Weed & Grass Product can run off of"target Killer is non selective areas" if there is insufficient pesticide to solve weed or organic material to capture grass problems. This blend the product. includes a mix of vinegar, clove oil and other compounds that cause problem plants to wilt. C-cide Herbicide Citric acid MSDS Corn meal Fungicide Use as a top dressing to Must use in large amounts & smother weeds and as a and frequently to be Herbicide mild fungicide. A limitation effective. Product may run of the product is that it must off from target area and clog be frequently reapplied but drains and increase organic can then also build up and material in aquatic areas. create an impenetrable substance. Bremerton Integrated Vegetation Management Plan April 2015 Page 60 Product & Target Product/ Use information Concerns license Pest information Compost Fertilizer& This multi-purpose fluid can teas mild contain beneficial microbes fungicide and soluble nutrients that can be a mild fungicide and disease controller. Ecosmart Weed & Active ingredient: 2- Grass Phenethyl Propionate, MSDS Killer eugenol. Herbicidal Kills moss, HERBICIDAL SOAP is a WARNING: Causes Soap algae and fast-acting weed, algae and substantial but temporary weeds moss killer. It does not stain eye injury. Causes skin EPA Reg. No. concrete, pavement, stucco irritation. Harmful if inhaled. 67702-8- or wood. HERBICIDAL Avoid breathing vapor or 54705 SOAP is a non-selective spray mist. Do not get in herbicide that can control eyes, on skin or on clothing. MSDS some annual weeds. This Wear eye protection. This product is not product may be hazardous recommended for use of to aquatic invertebrates. Do persistent perennial weeds. not apply directly to water. To protect the environment, do not allow pesticide to enter or run off into storm drains, drainage ditches, gutters or surface waters. Avoid runoff to water bodies or drainage systems. WEED Weed killer A liquid, nonselective, Hazardous to Humans and ZAPPER persistent, general Domestic Animals. Causes herbicide designed for use severe eye and skin EPA Reg. No. where control of all damage. This product is 1203-68 vegetation is desired. toxic to fish and wildlife. Translocation and root Birds and other wildlife in absorption of component treated areas may be killed. herbicide produce extensive Do not apply directly to kill of weeds, and provides water. Do not apply when long term residual control. weather conditions favor drift from area treated. Do not contaminate water by Bremerton Integrated Vegetation Management Plan April 2015 Page 61 Product & Target Product/ Use information Concerns license Pest information cleaning of equipment or disposal of waste. Bioganic Insecticide Green Light Products are Killer and unique, patented repellent formulations made from Not Licensed plant oils and other for public use ingredients widely used as food and cosmetic additives Worry Free® Weed & Grass EPA Killer Registration Number: 82052 - 3 - 33116 2052 - 3 - 33116 MSDS Concern® Kills moss, Active ingredient: 3.68% algae, Ammonium salt of fatty weeds acids Bremerton Integrated Vegetation Management Plan April 2015 Page 62 Appendix C Adopt-A-Spot Program Adopt-a-Spot Volunteer Job Description & Application Division/District: City Parks and Public Lands Project Duration: On-going, year round, unless area is snow covered Volunteer Leaders and their teams are essential in helping the City preserve and maintain open space, parks and trail areas. Volunteer leaders recruit and manage volunteers to serve as assistants to the Adopt-a-Spot program. They lead volunteer events throughout the year, helping to preserve their designated Adopt-a-Spot area by pulling noxious plants, doing trash sweeps, and potentially participating in planting and seeding projects. Duties and Responsibilities Adopters must be ready to provide at least 60 hours in the group's designated adopted spot. This should ideally be spread out 6 — 8 hours a month during the year. o Volunteer Leaders will oversee and coordinate these projects, recruiting volunteers to visit the assigned open space area to complete a 1 — 3 hour project 2 — 6 times a month during the year. They'll complete tasks focusing on noxious/ invasive plant pulls, but also encompassing trash sweeps, graffiti and transient camp reporting, and other necessary tasks. o If the Volunteer Leader is interested in hosting a planting, seeding, painting, or other more intensive project in their adopted area, they must email the Project Supervisor and this must be approved through the Parks Department. o Volunteer Leaders are responsible for asking the Project Supervisor for any materials or staff assistance needed at least 2 weeks in advance. o Volunteer Leaders are responsible for submitting a post project evaluation form each time they host a project at their site. This is emailed to the Project Supervisor within three days of the event. o Volunteer Leaders will take pictures of volunteer projects and send them to the Project Supervisor with the post project evaluation form. Bremerton Integrated Vegetation Management Plan April 2015 Page 63 Working Conditions/Physical Demands • Ability to work outdoors in 1 — 3 hour intervals in varying degrees of heat and cold, with the possibility of rain, snow, and wind. • Ability to lift or carry heavy objects or bags. All lifting and carrying must be reasonable to the volunteer's ability. • Ability to walk distances of up to 2 miles while carrying tools and equipment. Job Requirements • Open to following instructions from staff. • Ability to work in a safe manner while outdoors in multi-use areas. • Ability to communicate with co-workers, other volunteers, and members of the general public in a courteous, tactful, and professional manner. • Willingness to commit to coordinating volunteer projects regularly throughout the year. • Ability to track and report volunteer participation and complete other evaluation forms in a timely manner. • Willingness to commit to the program for at least one year. Supplies and Equipment to be used* Supplies, materials, and equipment will be provided by staff. Volunteers may also use their own tools and equipment but only to complete specified tasks. Safety equipment will be provided when appropriate. Provided equipment may include: • Trash bags • Noxious weed Bags when appropriate • Gloves (provided by volunteers) • Loppers • Garden Probes • Hand Pruners • Hand Trowels • Shovels • Wheelbarrows • Brooms • Garden Carts • Scoops • Dustpans 'Volunteers should not use any herbicides(organic or synthetic)on public properties. Only WSDA licensed staff should apply any product to publicly owned and maintained properties. Bremerton Integrated Vegetation Management Plan April 2015 Page 64 Volunteer Application Volunteer leads must represent a group of two or more persons. If you are an individual wishing to participate in this program, please contact us to discuss other options regarding your involvement in program stewardship opportunities. Group leader: Organization/ name of group: Email: phone: Mailing address: Secondary Contact person: Phone: Preferred adoption site: Approximate #of participants: Participant Name: Participant Name: Participant Name: Participant Name: Participant Name: Participant Name: Participant Name: Participant Name: Participant Name: Participant Name: Participant Name: Participant Name: Are there any minors in your group? Participant Name: Parent/ guardian: Participant Name: Parent/guardian: Participant Name: Parent/ guardian: Participant Name: Parent/ guardian: Participant Name: Parent/ guardian: On behalf of (Group), I have read and agree to the following terms and conditions of the Adopt-a-Spot Program. I agree to abide by all applicable procedures as directed to me by the Open Space Lands Program as an adopter and enforce such policies for the group. I understand my responsibility regarding my group's participation and understand the potential hazards accompanying such work. I understand that if I fail to maintain the area that staff will intervene to manage the location. Staff will select appropriate tools. I will notify the City of any changes in the group's leadership or contact information. I further acknowledge the City may request a criminal history background check on any member of the volunteer group; however, no background check will be performed without that member's permission. Applicant Name: Applicant Signature: Date: Bremerton Integrated Vegetation Management Plan April 2015 Page 65 Appendix D Pesticide Spill Standard Operating Procedure When a pesticide spill occurs, specific procedures should be followed for providing first aid, notifying proper authorities, and cleaning up and decontaminating the spill area. Personnel working with pesticides, or in areas containing pesticide chemicals, should be adequately trained for quick evacuation and proper spill prevention and emergency procedures as follows: A. Determine the pesticide involved in the spill incident. Information such as the formulation, percent active ingredient, and manufacturer's name and address should be obtained from the Material Safety Data Sheet (MSDS). B. All persons working with pesticides should be trained in basic first aid procedures. It must be emphasized that when managing any spill the most immediate concern is for the health and well-being of persons in and around the immediate spill area. Safety and first aid kits and personal protective equipment should be maintained at pest control storage areas and carried on vehicles used for pest control operations. In addition to MSDSs, the telephone numbers of the local medical unit and poison control center should be posted in conspicuous locations and always carried by pest control personnel when on the job. C. It is recognized that pesticide spill emergencies will differ, but the immediate concern should be to minimize contamination of personnel. Although the sequence may vary, the following basic procedures should be accomplished as rapidly as possible: PRIOR TO ENTERING A CONTAMINATED AREA, DON PERSONAL PROTECTIVE EQUIPMENT (PPE). Care of Injured 1. Quickly assess the spill to determine if personnel are involved. 2. Eliminate all sources of ignition (e.g., pilot lights, electric motors, gasoline engines) in order to prevent the threat of fire or explosion from inflammable vapors (if present). 3. If personnel are involved, the rescuer should quickly don necessary protective equipment and remove the injured to a safe location upwind from the spill. If the spill occurs in an enclosed area, doors and windows should be opened to enhance ventilation of the area. 4. Remove contaminated clothing from the victim and/or rescuer, and wash affected areas of body with soap and water. Administer first aid as required by the symptoms/signs and label, which may include flushing contaminated eyes with clean water for 15 minutes. 5. Obtain medical assistance for injured or contaminated persons. Do not leave injured or incapacitated persons alone. Always instruct someone to Bremerton Integrated Vegetation Management Plan April 2015 Page 66 stay with them until proper medical assistance is provided or a physician has been informed of the incident. D. Secure the spill site from entry by unauthorized personnel by roping off the area and posting warning signs. The boundary should be set at a safe distance from the spill. If necessary, obtain assistance from police or fire security unit to ensure site security E. Spilled pesticides must be contained at the original site of the spill. The pesticide must be prevented from entering storm drains, wells, water systems, ditches, and navigable waterways by following these procedures: Containment and Control 1. Don appropriate protective equipment from a spill kit. 2. Prevent further leakage by repositioning the pesticide container. 3. Prevent the spill from spreading by trenching or encircling the area with a dike of sand, absorbent material, or, as a last resort, soil or rags. 4. Cover the spill. If the spill is liquid, use an absorbent material appropriate to the type of material. If dry material, use a polyethylene or plastic tarpaulin and secure. NOTE: Use absorbent materials sparingly, as they also must be disposed of as wastes. F. Adequate cleanup of spilled pesticides is essential in order to remove any health or environmental hazards. When cleaning up pesticide spills, it is advisable NOT TO WORK ALONE and to make sure the area is properly ventilated and that appropriate protective equipment is used by all personnel. Responses to incidental releases of hazardous substances where the substance can be absorbed, neutralized, or otherwise controlled at the time of release by employees in the immediate release area, or by maintenance personnel are not considered to be emergency responses. However, if the release is not an incidental release, only qualified, trained emergency personnel should undertake cleanup operations. 1. Dry spills (dusts, wettable powders, granular formulations) should be picked up in the following manner: (a) immediately cover powders, dusts, or granular materials to prevent them from becoming airborne. This can be done by placing a polyethylene or plastic tarpaulin over the spilled material. Weight the ends of the tarp, especially the end facing into the wind. Begin cleanup operations by systematically rolling up the tarp while simultaneously sweeping up the spilled pesticide using a broom and shovel or dust pan. While sweeping, avoid brisk movements in order to keep the dry pesticide from becoming airborne. If indoors, a cover may not be necessary. When practical, a light sprinkling of water may be used instead of a cover. (b) Collect the pesticide and place in plastic or metal containers. Heavy-duty plastic bags should be used as a last resort as many pesticides may eat Bremerton Integrated Vegetation Management Plan April 2015 Page 67 through the plastic bags. Properly secure and label the bags, identifying the pesticide and possible hazards. Set the bags aside for later disposal. 2. Liquid spills should be cleaned up by placing an appropriate absorbent material (floor sweeping compound, sawdust, sand, etc.) over the spilled pesticide. Work the absorbent into the spill using a broom or other tool to force the absorbent into close contact with the spilled pesticide. Collect all spent absorbent material and place into a properly labeled leak-proof container. 3. Depending upon the spilled substance, contaminated soil may have to be removed to depths where no detectable amounts of the substance are evident. Residues may need to be placed in leak-proof containers and labeled. After these preliminary stages of cleanup have taken place, it may be necessary to further decontaminate and neutralize the area. This is particularly recommended if highly hazardous pesticides are involved. Often a mixture of full-strength bleach and hydrated lime is effective for pesticide decontamination. Work the solution into the spill area with a coarse broom. Add absorbent material to soak up the cleaning solution. Sweep and dispose of the contaminated material. Repeat the procedure until the area is thoroughly decontaminated. When large amounts of pesticides are spilled on soils, effective decontamination is often not possible. In these instances, the top 2-3 inches of soil should be removed and disposed of. Cover the remaining soil with at least 2 inches of lime, then cover with fresh topsoil. Where minor spills occur on soil, activated charcoal may be used in cleanup. The charcoal may absorb and tie-up enough chemical to avoid significant long-term injury. Before a spill ever occurs, call your chemical retailer or manufacturer to get information on cleanup of specific chemicals. They can also provide you with special safety advice and other information. REPORTING Spills on public property and all spills involving pesticides that are considered to be highly hazardous must be immediately reported to local and state emergency planning personnel. Police or fire officials typically are local contacts to whom such spills should be reported. These agencies will advise you of the proper procedures for cleaning and disposing of accidentally released pesticides. Failure to report such spills is considered to be a violation of the Emergency Planning and Community Right-to-Know Act. Bremerton Integrated Vegetation Management Plan April 2015 Page 68 Appendix E Example of Newspaper Announcement: City of Bremerton Notice of Herbicide Application The City of Bremerton will be hand-applying a diluted solution of the herbicide Imazapyr to city arterial street sidewalks beginning April 14, 2014, depending on weather. Imazapyr is recommended by the Washington State University, Kitsap County Extension, as a substitute for the herbicide Glyphosate. This application will be performed by licensed applicators to control weed growth in the concrete expansion joint between the curb/sidewalk, and at the back of sidewalks if needed. Two to three applications of herbicide will be applied throughout the growing season. The streets are: Kitsap Way, freeway interchange to Callow 6th Street, Callow to Washington 11th Street, Washington to Kitsap Way Callow, 11 th to 1 st Warren Avenue, Burwell to Sheridan Wheaton Way, Sheridan to Riddell Burwell, Washington to Callow Park, Burwell to 11 th Washington, 2nd to 11th Naval, 1 st to 11 th Perry, E. 11th to NE Stone Way Schley, Samara to Sheridan National, Kitsap Way to Burwell Auto Center Way, Loxie Eagans to Kitsap Way Sheridan, Wheaton Way to Cherry, South Side of Street Lebo, Wheaton Way to Lion's Park Boat Ramp Sylvan, Wheaton Way to Olympus Please contact the City at 473-5920 or Bremerton1(aD-ci.bremerton.wa.us to notify the City if you would prefer the herbicide not be applied to your street frontage. No Spray signs are available for your use. Residents are responsible for controlling vegetation growth on their sidewalk frontage in that case. The Imazapyr Safety Data Sheet is available at the City of Bremerton's web site, www.ci.bremerton.wa.us or 360-473-5920. Bremerton Integrated Vegetation Management Plan April 2015 Page 69 Appendix F City of Bremerton Road Side Right of Way OWNER WILL MAINTAIN AGREEMENT "NO SPRAY" This application will establish an agreement between City of Bremerton and the property owner to establish an"owner will maintain"area along the City Right of Way. As a property owner in City of Bremerton,I am requesting the City NOT spray adjacent to my property in 20_.I understand that it is now my responsibility to adequately maintain the vegetation along my right of way. I understand that if I do not maintain the area that this agreement becomes null and void and the right of way will be maintained by City staff. Date: Print Name: Agreement Address: Phone Number: Additional Information: Check One: No Herbicides: No Herbicides or Mechanical Treatment: Installation Instructions (1) I agree to post"owner will maintain"signs on the borders of my property to clearly mark it. I understand that if I do not properly place the signs so they are clearly visible,then the City may, without prior notice,treat the described area.(signs will be provided by the City and may be obtained at the City Public Works office) (2) I agree to periodically inspect the signs for visibility and replace them when needed. a. Place sign with"Owner Will Maintain'on right of way/property line;never place a sign on the shoulder of the road b. Place signs with"Owner Will Maintain'at beginning and end of area not to be treated (3) 1 agree to control undesirable vegetation within the street right of way(or sidewalk)as follows: a. Maximum height of vegetation along the ditches and right of way line should be not higher than one foot b. For sidewalks,remove all sod build-up and trim weeds to 1"or less c. Vegetation must not hinder traffic visibility d. Vegetation must not encroach onto the roadway surface e. All Designated Noxious Weeds must be removed from the right of way. If noxious weeds are not maintained,the City reserves the right to remove noxious weeds through herbicide spot treatments. (4) This agreement shall remain in force without need of renewal when all the following conditions exist: a)Agreement is filed with the City, b)Approved signage is clearly displayed, c) Right of way is properly maintained within City Standards, I hereby agree to adequately control vegetation on the right of way. Signature: Please Note: If a Noxious Weed is identified during the spray year in your area,pesticide will be applied regardless of the no-spray request If you have a no-spray request for the current year in which a public health threat is identified, you will be given a 24 hour notice before spraying begins. Also Please Note: This"no spray'agreement is separate and not related to the Pesticide Sensitive Individual Registration program administered under RCW 17.21.430 by the Washington State Department of Agriculture. Additional information on this program is attached at Appendix G. Bremerton Integrated Vegetation Management Plan April 2015 Page 70 Appendix G WSDA Pesticide Sensitive Individuals Registration Program NY&DA FACT SHEET Registration of Pesticide Sensitive Individuals This fact sheet summarizes the provisions passed by the Washington State Legislature for pesticide sensitive individuals which includes the development and distribution of a list of pesticide- sensitive individuals by the department to certified applicators. * Individuals desiring to be placed on the list must submit to WSDA the application form provided by the department. A physician who currently holds a license to practice medicine in Washington State must certify that an individual is sensitive to pesticides. * The application form must be completed with all requested information. Incomplete applications will not be accepted. Inaccurate information may interfere with the ability to provide adequate notification. * The pesticide sensitive list will be mailed to certified applicators by January 1 (with a registration cut-off date of December 1), and June 15 (with a registration cut-off date of April 15) of each year. Registration cut-off dates are set to allow time for updating and printing the list. If the inclusion of a name on the list occurs after one of the registration cut-off dates, a person may want to notify the certified applicators in their area of their sensitivity status. * All individuals who have applied to be on the pesticide sensitive list will receive verification that their name has been added to the list. * Certified applicators making landscape or right-of-way applications are required to notify any person on the pesticide sensitive list of any pesticide application to an adjoining property. * It is the pesticide sensitive individual's responsibility to notify the department of any changes in their name and address,changes in information concerning adjoining properties,or any change in their sensitivity to pesticides. * The pesticide sensitive individual list expires December 31 of each year. The department will mail renewal applications in October of each year to all individuals on the list. If you have any questions or require additional information, please contact the Pesticide Management Division,Compliance Branch at telephone(360)902-2073. Pesticide Sensitive Individual application: http://www- stage.agr.wa.gov/PestFert/Pesticides/docs/SenslndivApplic4l l 2.pdf Bremerton Integrated Vegetation Management Plan April 2015 Page 71 YVOJNIIIylull JldlC uCf/d/lifluill u/MylluunulC ivision PESTICIDE SENSITIVE INDIVIDUAL Pesticide ManagPOBoentx42589 WSDA APPLICATION Olympia, WA 98504-2589 Return application to address shown above right Based on the information provided on the completed form below, I request that my name be placed on the Washington State Department of Agriculture List of Pesticide Sensitive Individuals. I understand that this is an annual registration, and the list will expire each year on December 31. It is my responsibility to renew this registration, and to notify the department of any changes in the information below. SIGNATURE DATE NOTE:The list of Pesticide Sensitive Individuals is distributed by January 1 and June 15 of each year to certified applicators likely to make landscape applications. If you register after distribution of the list,you may wish to notify certified applicators operating in your area. Please Print Legibly or Type the Below Requested Information LAST NAME FIRST NAME MIDDLE INITIAL PHYSICALADDRESS—StreetAddress APT.# DAYTIME PHONE NUMBER CITY STATE ZIP EVENING PHONE NUMBER COUNTY OF RESIDENCE EMAILADDRESS MAILING ADDRESS—If different than above CITY STATE ZIP Is your residence located within a multi-family dwelling?(Please checkone): ❑ Yes ❑ No If your answer is YES, please complete the following: MANAGER'S/OWNER'S NAME PHONE NUMBER ADDRESS APT# CITY STATE ZIP APARTMENT COMPLEX NAME(IF APPLICABLE) Pesticide Sensitive Individual: Please also complete Part It/on Page Z then have your physician complete Part II below I currently hold a license to practice medicine in the state of Washington, and I certify that the above-named individual is sensitive to pesticides. PHYSICIAN'S SIGNATURE DATE PRINT OR TYPE PHYSICIAN'S NAME PHONE NUMBER BUSINESS ADDRESS SUITE# CITY STATE ZIP FAX NUMBER WEBSITE ADDRESS EMAILADDRESS AGR FORM 706-4112(R/9/13)Page 1 of 2 Bremerton Integrated Vegetation Management Plan April 2015 Page 72 The following properties are adjacent (directly connecting) properties next to your property. (DO NOT INCLUDE ADDRESSES ACROSS THE STREET FROM YOUR RESIDENCE.)This portion must be completed to provide adequate notification of anticipated pesticide applications. O STREET ADDRESS—Street No,Name,Apt# CITY STATE ZIP PROPERTY OWNER—LAST NAME FIRST NAME PHONE NUMBER ( ) © STREET ADDRESS—Street No.,Name,Apt# CITY STATE ZIP PROPERTY OWNER—LAST NAME FIRST NAME PHONE NUMBER ( ) © STREET ADDRESS—Street No.,Name,Apt# CITY STATE ZIP PROPERTY OWNER—LAST NAME FIRST NAME PHONE NUMBER ( ) O STREET ADDRESS—Street No.,Name,Apt# CITY STATE ZIP PROPERTY OWNER—LAST NAME FIRST NAME PHONE NUMBER ( ) © STREET ADDRESS—Street No.,Name,Apt.# CITY STATE ZIP PROPERTY OWNER—LAST NAME FIRST NAME PHONE NUMBER ( ) Please mail this completed form to: WSDA,Pesticide Management Division, P.O.Box 42589, Olympia, WA 98504-2589. A copy will be returned to you with the section below completed as verification that your name has been placed on the list. Your receipt of this document is verification that your name has been placed on the Washington State Department of Agriculture Individuals Sensitive to Pesticide List. It is your responsibility to notify the department of any change in your address, telephone number, ownership of adjacent property, or change in your pesticide sensitivity condition. DEPARTMENT REPRESENTATIVE DATE PLACED ON REGISTER IDENTIFICATION NUMBER EXPIRATION DATE AGR FORM 706-4112(M/13)Page 1 of 2 Bremerton Integrated Vegetation Management Plan April 2015 Page 73 Appendix H Reference Information Plan Examples City of Calgary Integrated Pest Management Plan (http://www.calgary.ca/CSPS/Parks/Documents/Planning-and-Operations/Pest- Management/integrated-pest-management-plan.pdPnoredirect=l) City of Portland Parks&Recreation's Integrated Pest Management Program (http://eastportland.org/portland-parks-recreations-integrated-pest-management-program) City of San Francisco's Reduced Risk Pesticide List (http://www.sfenvironment.org/sites/default/files/fliers/files/sfe th guide to reduced risk pe sticide listposted.pdf) City of Seattle Public Works and Parks Department IPM (http://www.seattle.gov/parks/projects/BMP/chapter3.pdo City of Eugene IPM-Policy and Operations Manual (https://www.google.com/url?sa=t&rct=j&Q=&esrc=s&source=web&cd=2&cad=rja&uact=8&ve d=OCCYQ FjAB&u rl=http%3A%2 F%2 Fwww.eugene- or.gov%2FDocumentCenter%2FHome%2FView%2F3330&ei= VXmVIbBBdDWoASVjoGADw&u sg=AFQjCNHYK- 67PZOB8Bmx4GIXbvSKb 4iGQ&sig2=mwH8s8T8V KCpbkFhvwnfQ&bvm=bv 86475890 d cGU City of Vancouver BC Parks and recreation IPM guide(http://www.cnv.org/Parks-Recreation- and-Culture/Parks-and- Greenways/—/media/City%20oPA20North%20Vancouver/Documents/Plans%20Policies%20a nd%20BylawslIntegrated%20Pest%20Management%20Policy ashx) General Information' Washington State Department of Agriculture 2013 Annual Report to the Legislature (http•llwww growersleague org/support-files/pesticide-management-annual-report-to- legislature-2013.pdf) Washington State Department of Agriculture No-spray Buffer Zones (http://agr.wa.gov/PestFert/natresources/buffers.aspxl Washington State University Urban IPM and Pesticide Safety Education materials (http://Vep.wsu.edu/libraryy html) Bremerton Integrated Vegetation Management Plan April 2015 Page 74 Washington State Department of Agriculture, 2013 Surface water monitoring Program for Pesticides in Salmon-Bering Streams. (http:/lagr.wa.g_ov/FP/Pubs/docs/411- SWM2013Report.pdf) San Miguel County Noxious Weed Management plan (Adopted October 2002) : http_//www.coopext.colostate.edu/sanmiguel/SMCweeds/SMCweeds docs/SM%20Co%20wee d%20plan%202002.pdf Cornell 2014 guide to Turf Management-httR//store.cornell.edu[p-189426-2014-cornell- guide-for-commercial-turfgrass-management.aspx Environmental fate of pesticides LP Wackett-Environmental microbiology, 2007 -Wiley Online Library ...Environmental fate of pesticides. An annotated selection of World Wide Web sites relevant to the topics in environmental microbiology. Lawrence P.Wackett. Washington Department of Agriculture Non-Agricultural pesticide use in Puget Sound Counties http://agr.wa.gov/FP/Pubs/docs/103-409PSReDortfinal2014.pdf Washington Department of Ecology, 2011. Control of Toxic Chemicals in Puget Sound: Assessment of Selected Toxic Chemicals in the Puget Sound Basin 2007-2011.Publication Number 11-03-055, 297'pages The 2014/2015 Action Agenda for Puget Sound (http_//www.pso.wa.gov/downloads/2014 action agenda/Final%202014%20action%20agend a%20update/2014-2015 Action Agenda for Puget Sound.pdf) JN Seiber- 2002 -Assessing the transport and fate of pesticides in the environment is complicated.There are a myriad of transport and fate pathways at the local,regional,and global levels. EPA Integrated Pest Management(IPM) Principles (httR/ www.epa.gov/opp00001/factsheets/ipm.htm) Colorado Environmental Program Least-toxic Products by Product Name (http://www.austintexas.gov/sites/default/files/files/Watershed/growgreen/least toxic prod ucts by product name.pdf) Oregon Pesticide Fact Sheet:Glyphosate (http//www.oregon.gov/odflprivateforests/docs/glyphosate.pd0 Washington Toxics Coalition,use of various publications (http_//www.watoxics.org/12ublications) USGS Pesticides in the Nation's Streams and Ground Water, 1992-2001—A Summary (http//nubs.usgs.gov/fs/2006/3028/) Bremerton Integrated Vegetation Management Plan April 2015 Page 75 Hillary Hamilton From: Giovanni Provost <giovanniprovost@gmail.com> Sent Thursday, February 26,2015 3:42 PM To: PW Utilities_CustomerResponse Subject: Integrated Vegetation Management Concern City of Bremerton, Upon hearing about proposed legislation to begin using pesticides in local neighborhoods around Bremerton I became very upset.I understand why it can be useful to keep pests away but at least in my area(Manette)there is already a community oriented group for keeping our part of town clean and orderly. I don't see this as a measure that needs to be used,especially since many of us have animal pets and children that end up around these areas. I think this is a bad idea overall and should not happen. I am not an expert in these fields and would only suggest this plan be given a second thought at least. There are plenty of good people around here who don't need extra pesticides around their homes and I would be remiss not to voice my concern. Thank you for your time. Sincerely, Giovanni Provost. i Hillary Hamilton From: Milenka Hawkins-Bates Sent: Tuesday, March 03,2015 7:55 AM To: Hillary Hamilton Subject: FW:Citizen Letter- Round up/Glyphosate(Neal Foley) Milenka Hawkins-Bates City of Bremerton,Public Works&Utilities Administrative Division Manager j (360)473-5333 1 (360)473-2330 � Milenka.hawkins-bates@ci.bremerton.wa.us From: Chal Martin Sent: Monday, March 02, 2015 3:58 PM To: Milenka Hawkins-Bates;dooaaonCbco.kitsamwa.us Subject: FW: Citizen Letter-Round up/Glyphosate(Neal Foley) Throughout the food chain including nursing moms? I have not heard that. 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: Christine Grenler On Behalf Of City Council Sent: Monday, March 02, 2015 2:46 PM To: 'Neal Foley' Subject FW: Citizen Letter-Round up/Glyphosate(Neal Foley) Attn:Mr. Foley Thank you for your e-mail,which has been provided to the Council Members for their consideration and review. A copy was also shared with Mayor Patty Lent and Public Works&Utilities Director Chal Martin. It is appreciated that you took the time to contact the City with your concerns. Sincerely, Christine Grenler Council/Auditor Assistant City of Bremerton (360)473-5280 1 From: Neal Foley[mailto:nealfdey1021@gmail.c6in] Sent: Monday, March 02, 2015 12:20 PM To: City Council Subject: Round up/Glyphosate To the Bremerton City Council, My name is Neal Foley and I have lived in and around bremerton since 1961. I wanted to let the council know that I am adamately against the use of any herbicide containing Glyphosate in Bremerton. I believe there is adequate data to question the safe use of Glyhosate anywhere,let alone in an area where we have abundant rain washing this chemical into the Puget Sound through creeks,rivers,runoff,etc.. It is my view that Glyphosate is not safe,and has in fact been proven to cause many problems wherever it has been used.The manufacturers MSDS is scewed and it has been adequatley proven this chemical does not break down as advertised. Glyphosate has been found throughout our food chain,including breast feeding mothers;which should be a big clue that Glyphosate is not breaking down. As representatives of the citizens of the City of Bremerton,please note this citizens disapproval of the use of Glyphosate and please consider banning the use of this product altogether. Thank you, Neal Foley 2 Hillary Hamilton From: Milenka Hawkins-Bates Sent: Monday, March 16,2015 2:19 PM To: Hillary Hamilton Subject FW:Glyphosate Use,City of Bremerton Attachments: DRAFT NMP 150224.pdf Milenka Hawkins-Bates City of Bremerton,Public Works&Utilities i Administrative Division Manager (360)473-5333 1 (360)473-2330 Milenka.hawkins-bates@ci.bremerton.wa.us, From: Chal Martin Sent: Friday, March 06, 2015 3:44 PM To: 'donm52@gmail.com' Cc: Patty Lent;City Council; dc499on@co.kbap,wwa_us; Milenka Hawkins-Bates; Wyn Birkenthal Subject Glyphosate Use, City of Bremerton Mr. Manning,I wanted to respond to your concerns about the use of Glyphosate in various locations throughout the City. Below Is what you shared with us: From: D.E. Manning rmailto:donm52@gmail.com] Sent:Tuesday, March 03, 2015 3:01 PM To: City Council Subject: Use of glyphosate herbicide Good People, I have been a Bremerton and Kitsap County resident and businessman for over 40 years. I'm writing today to ask that you please conduct more research into the use of any herbicide containing glyphosate, which is currently being used in Bremerton. Numerous studies have caused many scientists & physicians to suspect glyphosate as "the most important factor in the development of multiple chronic diseases and conditions that have become prevalent in Westernized societies,"including autism, allergies, Parkinson's, Alzheimer's, ALS and more. I ask that you please consider the facts about this dangerous substance, and stop the use of it immediately. I'm confident your research will not only reveal the dangers of glyphosate, but that you will also find several healthy and environmentally friendly ways to put local weeds in check. Sincerely, Don Manning i Mr.Manning,as you know,the City has been developing an Integrated Vegetation Management Plan(copy of the latest draft is attached here—please let me know if you would like a hard copy). In developing the plan,the City enlisted expert help from the Washington State University Extension Office. The plan includes links to fact sheets and other reports which are based on peer-reviewed scientific studies that looked at Glyphosate as well as other herbicides and pesticides. We believe glyphosate to be safe for our Public. We recognize application of any chemicals needs to be in accordance with the manufacturer's instructions,and overseen by licensed applicators. 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 i Hillary Hamilton From: Milenka Hawkins-Bates Sent Monday, March 16,2015 2:22 PM To: Hillary Hamilton Subject FW: DRAFT-Integrated Vegetation Management Plan Attachments: NMP Comments.pdf I Milenka Hawkins-Bates City of Bremerton,Public Works&Utilities Administrative Division Manager f (360)473-5333 1 (360)473-2330 {� Milenka.hawkins-bates@ci.bremerton.wa.us From: Robert Parker rmalltao:parker@net-nw.im Sent: Monday, February 16, 2015 7:53 PM To: Milenka Hawkins-Bates Cc: bobbuck69@amail.com; deirdre mckeelOyahoo.com;colleensmidtagmail.00m; Chal Martin; dMon(&co.ktsa2.wa_,us; Wyn Birkenthal; Hillary Hamilton; Elaine Valencia Subject: Re: DRAFT-Intaegrated Vegetation Management Plan Milenka, First of all,thank you for giving me the opportunity to advance review and comment prior to the public unveiling of the NMP. What a great proactive thing to do. I think the city has come a long way over this last year in addressing the needs of the city and citizens with this program: I have read through the agreement 3 times since you emailed attempting to limit down and hone my comments,concerns or kudos. While not perfected for presentation,I wanted to make certain you received a response as timely as possible. Attached are a few comments(OK a few more than a few)that I hope are helpful and you may consider. IQ Thank you for addressing this in such a thorough and thought out manner. Congrats to the city,county and all those involved for creating a path forward. tY g I will not be available for the review meeting on Wednesday as I have a commitment already that I am unable to reschedule. Robert Parker 360-377-6540 office 360-377-2356 fax garkerAtscnet.com ---Milenka.Hawkins-BatesO)ci.bremerton.wa.us wrote: 1 From: Milenka Hawkins-Bates<Milenka.Hawkins-Satesiaci.bremerton.wa.us> To: 'Bob Dollar<bobbuck69@gmail.com>, "'Deirdre McKeel(deirdre mckeelCdlvahoo.com) <deirdre mckeelftyahoo.com>, 'Robert Parkeryarker(dnet-nw.com>,"'Colleen Smidt(colleensmidtAgMail.com) <colleensmidtM-)gmail.com> CC:Chal Martin<Chal.Martin(Mci.bremerton.wa.us>, `dcoggon@co.kItsap.wa.us <dcoggon@co.kitsaa:wa.us>,Wyn Birkenthal4Wn.Birkenthal(Mci.bremerton.wa.us>, Hillary Hamilton<Hillary.Hamiltont5-cl.bremerton.wa.us>, Elaine Valencia<Elaine.Valencia(aci.bremerton.wa.us> Subject: DRAFT-Integrated Vegetation Management Plan Date: Fri, 13 Feb 2015 23:40:57+0000 Greetings, Attached is a DRAFT of the City of Bremerton Integrated Vegetation Management Plan. We are rolling this out to you first so that you can have a chance to review and comment We would like to invite you to attend a meeting next Wednesday to walk through the draft and answer any questions that you might have. We will be releasing the draft to the public for comment sometime next week. Please let me know N you can attend the review. Wednesday 02/18/15—3:30pm Public Works&Utilities 100 Oyster Bay Ave N j Milenka Hawluns-Bates City of Bremerton,Public Works&Utilities Administrative Division Manager (360)473-5333 1 (360)473-2330 Milenka.hawkins-bates@ci.bremerton.wa.us 2 Integrated Vegetation Management Plan Comments by Robert Parker 2-16-2015 Glyphosate- I noticed that a few of the fully approved products the city is intending or proposing to use contain glyphosate or potassium salt of N—(phosphonomethyl)glycine or potassium salt of glyphosate. Basically,glyphosate or a derivative. Aquamaster Herbicide(53.8%glyphosate)EPA 524-343 Roundup Promax(48.7%glyphosate)EPA 524-579 Roundup Pro Herbicide(41%glyphosate)EPA 524-475 I am wondering if the city would be willing to move the above three proposed products on the list and products based on glyphostate to a more limited or restricted use category? I understand that at times a glyphosate based product may be the best solution available for some purposes but maybe a careful consideration requirement before use could be stated. Glyphosate products have been a lightning rod for political and environmental concern. The city taking a proactive approach towards limiting products based on glyphosate may be a great response to those concerns,maybe even create a positive position with those concerned. Vinegar— I was surprised to read the comments on page 45 "vinegar can render the soil sterile for several years." Upon looking into this statement further,I am encouraged that that city has done the research. Maybe the city could help proactively inform the citizens on this newly identified concern. A great many are using vinegar in an attempt to be more environmentally responsible. Sodium bicarbonate(Baking Soda)— I was surprised not to find sodium bicarbonate on the list of approved products considered by the city as an environmentally friendly moss control chemical for roofs and walkways. Sodium bicarbonate has been used in more sensitive areas where zinc or copper based products are less desirable. Areas leading or close to storm water access points may be a great place for Sodium Bicarbonate. Owner Will Maintain Agreement—Appendix F— Subparagraph(1)"then the City way"Possible typo,believe meant as"then the City may". Subparagraph(3)d."the County reserves the right"County or City? Last paragraph"not maintained to County standards"County Standards? The agreement requires an annual renewal as I read it. It seems maybe more tracking and labor intensive than needed. Propose that the City reword the agreement. This agreement shall remain in force without need of renewal when all the following exist 1)Agreement isf filed with the City, 2)Approved signage is clearly displayed, 3)Right of way is properly maintained within City Standards, Warning: (bottom of agreement) Shouldn't the person signing the no spray agreement be allowed an amount of time, 10 days or so to mitigate any concern fronting their property prior to being subjected to mandatory spraying and toxins that lead them to signing the agreement in the first place? No Spray"Owner Will Maintain" Signage The agreement doesn't specify who will provide the signs for compliance. I would encourage the city to provide the signs as a means of keeping the signage attractive for neighborhoods and easy to identify for contractors or staff. Material similar to the corrugated plastic found in political signage could be used and would have a reasonable lifespan. Appendix E(Example of Newspaper Announcement)tends to imply the city is supplying the signage however it is not addressed in the agreement. Adopt-a-Spot and Volunteer Application Post project evaluation form mentioned at the bottom of page 62 but not included for review. Page 63 (middle)states"commit to the program for at least a year". Seems this may limit the available labor to the City for volunteer service. Page 64(bottom)states"...subject any member of my group to a criminal history background check" Really? Pulling weeds and general clean up volunteering needs a background check? I would hope that we collectively could even encourage known felons to participate in community service volunteering. How does the city intend to lawfully do a background check without a signature of the actual participant? The application only request signature from the team leader. Certifications Page 37 requires certifications and/or licensing for herbicide application. Do all the city personnel in Parks,Public Works,and Gold Mountain Staff that may be applicators hold current certifications and/or licenses for the products outlined in the IVMP? Appendix D "All persons working with pesticides should be well trained in basic first aid procedures". Are all city personnel and Gold Mountain or other more permanent contractors that may be applying pesticides current unexpired first aid qualified? Hillary Hamilton From Milenka Hawkins-Bates Sent: Wednesday, March 18,2015 1:50 PM To: Hillary Hamilton Subject: FW:Citizen Concern - Against use of Glyphosate&Neonicotinoids,and Other Options for Scotch Broom(Marianne Hoffman) Mllenka Hawkins-Bates City of Bremerton,Public Works&Utilities Administrative Division Manager (360)473-5333 1 (360)473-2330 Milenka.hawkins-bates@ci.bremerton.wa.us From: Lori Smith On Behalf Of GtyCouncil Sent:Wednesday, March 18, 201511:50 AM To: 'Marianne Hoffman' Cc: Milenka Hawkins-Babes; City Council Subject: RE: Citizen Concern-Against use of Glyphosate&Neonicotinoids,and Other Options for Scotch Broom (Marianne Hoffman) Ms.Hoffman, Thank you for your phone call yesterday,as well as the a-mail below,which will be forwarded to Milenka Hawkins-Bates to document your concerns per the Integrated Vegetation Management Plan(IVMP). The IVMP will be presented to the Council Members at their Study Session on March 25,2015. A copy of your e-mail will also be provided to the Council Members,Public Works Director,and Mayor Patty Lent for their review and consideration;and a copy maintained for the record. It is appreciated that you took the time to contact the City. Lori Smith Legislative Assistant Bremerton City Council (360)473-5280 11 From: Marianne Hoffman [mallto:marlanne11270hotmall.com] Sent:Wednesday, March 18, 2015 10:01 AM To: City Council Subject: GLYPHOSATE, NEONICOTINOIDS AND SCOTCH BROOM 1 TO: Bremerton City Council Members- Roy Runyon, Leslie Daugs, Greg Wheeler, Dino Davis, Jerry McDonald, Mike Sullivan and Eric Younger And Chal Martin, Bremerton Public Works Director, also Mayor Patty Lent and Lori Smith, Legislative Assistant This letter is being written after reading an article in The Sun newspaper March 2, 2015 about the spraying of glyphosate throughout the city of Bremerton to kill weeds. I find this appalling. You are going in the WRONG direction) We need to be caring for and nurturing our beautiful planet, not poisoning her. Glyphosate is a poison and very toxic to wildlife as well as humans. Just because it is being used indiscriminately every where including on our food crops and ignorant homeowners to kill weeds on their own properties, does not mean that it is safe. Far from it. If you spread this poison all over the city you will be poisoning the air we breathe and the soil which will eventually affect the water table (water we drink). The workers that are doing the spraying of glyphosate are at risk of harming themselves too of course. Here is a link to an article that was in today's (3/18/15) Natural News talking about how toxic glyphosate is: http://www.naturalnews.com/049036 vaccines Roundup chronic disease.html Here is another link to a video on "Glyphosate Studies Revealed by EPA Show Toxicty": http://farmwars.info/?a=13632&utm source=feedburner&utm medium=email&utm campaisn= Feed%3A+FarmWars+%28Farm+Wars%29 Here is one more link,the Seralini Study showing that glyphosate causes cancer: http://farmwars.info/?p=13149&utm source=feedburner&utm medium=email&utm campaign= Feed%3A+FarmWars+%28Fa rm+Wars%29 These videos are talking about glyphosate being sprayed on food but that does not mean that spraying glyphosate ALL OVER THE CITY will not do much harm all over the city to people and every kind of wildlife imaginable. You will be killing all kinds of life. People do not die immediately or even in a couple years usually. (Unless you drink it like the farmers in India who committed suicide because Monsanto had ruined their lives.) But you will be doing much harm to the health of everything it touches. These poisons build up in the body lowering the immune system and eventually causing sickness and death. Any wildlife that comes in contact with the glyphosate will be harmed almost immediately as they have a shorter life span. Contrary to what Monsanto has said over the years that Round-up (glyphosate) is perfectly safe to use and will not hurt you, it is a lie. They lie because they want to make more and more money and do not care who they harm or kill. 2 n I took a quick look at your website CITY OF BREMERTON INTEGRATED VEGETATION MANAGEMENT PLAN listing all the poisons being used by the city. I saw apple cider vinegar listed and this is what the Vegetation Management Plan says- "Apple cider vinegar can contain up to 30 trace elements, including petroleum products. If used improperly it will burn desirable plants." It also says "Must use in large amounts and frequently to be effective. product may run off from target area and clog drains and increase organic material in aquatic areas." First of all, you can use just plain vinegar. Not apple cider vinegar.And buy one that is made from natural ingredients, NOT petroleum products. Vinegar works very well at spot killing weeds. Use it in warm/hot weather. It would work especially well on weeds in cracks in sidewalks. I use it on a hot day to kill weeds in my lawn and it works perfectly well.And, you do not need very much to kill a weed. You absolutely do NOT need to use large amounts. It is absurd to say vinegar will clog drains, it would do the opposite. How could it possibly increase organic material in aquatic areas. Someone must have dreamed that one up as well as the rest of what was written about vinegar used as a weed killer. VINEGAR IS SAFEI I also would like to comment on Neonicotinoids. I would like the City of Bremerton to ban the use of neonicotinoids used by the city. Seattle did this and they are to be very much admired. Bremerton should do the same. Neonicotinoids are killing bees and birds as well as all kinds of wildlife. Here is another video to watch on harmful neonicotinoids: http://www.wired.com/2013/04/neonicotinoids-and-ecosystems/all/ When most of the bees have been killed,then what.The bees pollinate the fruits and vegetables we eat. It is so sad to think we are killing the bees. It is insane really. Scotch Broom is growing every where in Kitsap County as well as the City of Bremerton. Do not use glyphosate or any other herbicide on it.Just cut it down to the ground and it will not come back. EASY and SAFE! $38,000 being spent s b the Ci of Bremerton to poison the city with glyphosate is not acceptable! Y City Pay someone $38,000 to either hand weed or use vinegar. Please.Think about what you are doing. Do not take what you think is the easy way out. It would be just as easy to do the right thing.Think about your children and grandchildren and what kind of a planet they are inheriting. It is past time for all of us to wake up and see the handwriting on the wall. We must quit poisoning ourselvesl We need a safe and healthy place to live. Sincerely, Marianne Hoffman (360) 830-5833 3 Hillary Hamilton From: Milenka Hawkins-Bates Sent Friday, March 20,2015 11:41 AM To: Hillary Hamilton Subject: FW:Spraying on Perry Av Milenka Hawkins-Bates City of Bremerton,Public Works&Utilities Administrative Division Manager (360)473-5333 1 (360)473-2330 Milenka.hawkins-bates@ci.bremerton.wa.us ----Original Message----- From:Carolee Valentine[mailto:ckvalentine@mac.coml Sent:Friday, March 20,2015 9:47 AM To:Milenka Hawkins-Bates Subject:Spraying on Perry Av I have completed my No Spray agreement with the city,but just wanted to send a comment too. I was really shocked to read about the plan to use Glyphosate on our sidewalks. I have multiple objections to the use of this chemical,but having a strong passion for growing food in our yard and encouraging others to do the same is top of the list. It seems to me it would make more sense,and do less damage If folks who wanted to have Glyphosate sprayed on their sidewalks should be the people to opt in. Carolee Valentine 1708 Perry AV Bremerton Sent from my]Pad Hillary Hamilton From: Milenka Hawkins-Bates Sent Friday, March 20,2015 2:40 PM To: Hillary Hamilton Subject: FW:Glyphosate spray comment ---Original Message---- From:Jim Moravec[mailto:forkwardthinkine@email.com) Sent: Friday,March 20,2015 1:50 PM To: Milenka Hawkins-Bates Subject:Glyphosate spray comment Hi Milenka, I was astounded to hear of our Public Works Department intention to spray Glyphosate on our sidewalks—indeed,use it at all.There are plenty of studies which show the damaging effect of bringing Glyphosate into our soil which leads into our water and eventually to our food systems and into each of us.There are better solutions:vinegar or torching are a couple commonly used methods.The$38,000 cost seems extravagant. If the City is short of funds as is,other solutions would cost less.Or,how about recruiting civic organizations to help.This always builds community and increases our overall well-being as a whole. I hope you re-consider this before proceeding. Jim Moravec Jim Moravec Fork To Fork Edible Gardens 1708 Perry Ave. Bremerton,Wa 98310 (360)471-1651 forktoforked iblegardens.co m Hillary Hamilton From: Milenka Hawkins-Bates Sent: Monday, March 23,2015 3:04 PM To: Hillary Hamilton Subject: FW:Glyphosate Use,City of Bremerton Attachments: Response to IARC classification of glyphsate.pdf �j Milenka Hawkins-Bates I City of Bremerton,Public Works&Utilities Administrative Division Manager (360)473-5333 1 (360)473-2330 Milenka.hawkins-bates@ci.bremerton.wa.us IEmil From: Dana Coggon [maIbDQNon@)cD.kWRwa.us Sent: Monday, March 23, 2015 3:01 PM To:Chal Martin Cc: Patty Lent; Milenka Hawkins-Bates;Wyn Birkenthal Subject: RE: Glyphosate Use, City of Bremerton I want to connect with you all about a report that has been"trending"on social media the last few days that we should be aware of. The International Agency for Research on Cancer(IARC)—the branch of the UN's World Health Organization that studies the relationship between environmental and lifestyle risk factors and cancer—focused on pesticides.The committee concluded that of the five pesticides evaluated,three were"probably carcinogenic,"a 2A classification,despite the fact that neither the U.S. EPA nor the European Chemical Agency had classified these pesticides as such.A classification of 2A is one step removed from a Group 1 classification—"Carcinogenic to humans I want to make sure that as we move forward with the IVM plan we are all able to talk about how the"classification" was determined and what other things are also classified as a 2A carcinogen. I will keep the information moving your was as it comes in to my office. We will constantly be evaluating the use of the all toxic compounds as research becomes available. Research currently does not list glyphosate in the category of "the most toxic". Glyphosate,along with many other common household items,is noted as slightly toxic compound. Many products are toxic,but even water can be toxic at the"right dose". I would like to point out that this organization has also placed cellphones on this list. We are each constantly in contact with carcinogenic materials in our daily lives.The minor use of glyphosate is something to be cautious of and we should continually be evaluating the science and the best options available.We strive to provide the best service to the citizens with the least amount of detrimental impacts to human health and our ecology. Here is some information for review, http://acsh.org/2015/03/iares-ru line-on-tivphosate-ignores-the-science/ http://www.innovatlonfiles.org/points-to-consider-unfounded-claims-of-glyphosate-accumulation-in-breast-mil k/ here is a list of articles about the environmental fate of glyphosate: 1 htto://www.researcheate.net/publication/5688493 Fate of glyphosate in soil and the possibility of leaching to sr ound and surface waters a review Looking forward to our meeting on Wednesday, Thank you for all of your hard workl I look forward to this moving forward. Dana 2 From Heather Hansen,Washington Friends of Farms and Forests: Today the International Agency on the Review of Cancer(IARC)announced its classification of glyphosate in the 2A category as a probable carcinogen.We join both the EU and US glyphosate taskforces in our disagreement with this classification for several reasons:there is no new research or data that was used;the most relevant,scientific data was excluded from review;the conclusion is not supported by scientific data;and there is no link between glyphosate and an increase in cancer when the full data set is included in a rigorous review. This conclusion conflicts with the overwhelming consensus by regulatory bodies and science organizations around the world.Glyphosate-based herbicides are among the most thoroughly tested and evaluated herbicide products on the market.Their 40-year history of safe use is supported by one of the most extensive worldwide human health,crop residue and environmental databases ever compiled on any pesticide. More details are included below.You can also visit a dedicated webpage htto://www.monsanto.com/iarc-roundup that will be updated continually with the latest information on this subject.You might also find this new blog article"What the IARC rating does and doesn't mean" http:/Imonsanto.info/1xkFxo9 helpful as well. Here are the key points: • All labeled uses of glyphosate are safe for human health. • The conclusion reached by IARC is inconsistent with the reviews conducted by regulatory and scientific agencies around the globe for more than 40 years,and not supported by all scientific data. IARC did not consider new research or data and most importantly,many relevant studies were disregarded.In January,the German government on behalf of the EU,completed a four year evaluation and concluded"glyphosate was unlikely to pose a carcinogenic risk in humans."Similarly,the U.S.Environmental Protection Agency.has concluded that:"glyphosate does not pose a cancer risk to humans." • Conclusions about a matter as Important as human safety must be non-biased,thorough and based on science that adheres to internationally recognized standards. We support the rigorous process used by regulatory authorities in developed countries to consider all available data,published and unpublished,in a comprehensive evaluation. • IARCs conclusion is inconsistent with the numerous multi-year,comprehensive assessments conducted by hundreds of scientists within countries worldwide who are responsible for ensuring public safety. o Glvahosate.eu,Regulatory Documents o National Center for Biotechnology Information/National Institute of Health,ta Aaricultural Health Study data demonstrates alvphosate exposure was not associated with any cancer • It's important to put IARC's classifications into perspective. IARC has classified numerous everyday items in Category 2 including coffee,cell phones,aloe vera extract and pickled vegetables,as well as professions such as barber and fry cook. o GMO Answers,Does glyphosate cause cancer? o Glyphosate.eu,Does glyphosate pose risks to human health? o Monsanto.com.Backarounder Glyphosate:No evidence of carcinogenicity o Monsanto.com.Key Publications on Glyphosate and Non-carcinogenicity OTHER RESOURCES: • IARC's Report on Roundup/Glphosate.Monsanto.com • Glyphosate FAQs. Monsanto.com • Information about Givphosate(Needs,Uses,Safety),Monsanto.com • What the IARC 2A Rating Really Means,Beyond the Rows,March 20,2015 • New publications confirm the safety ofklVphosate and givahosate-based Roundud® herbicides: Beyond the Rows,March 2,2015 • Why Moms and Dads should feel confident in the safety of elvphosate.Beyond the Rows, 2/13/2015 • CU Statement:httos://croplife.om/wo-content/ualoads/2015/03/Cr6oUfe-IMernational- statement-on-IARC3:adf • EU Glyphosate Taskforce Press Release:http://www.glvohosate.eu/etf- statements/statement-itf-recent-iarc-decision-concerning-klvrihosate • US Joint Glyphosate Taskforce Press Release: htto://www.ornewswire.com/news- releases/iarc-misclassfication-of-elvahosate-as-arouo-2a-probable-wrcinceen- 300053762.html?tc=eml cleartime • The European Crop Protection Association statement:htto://www.ecpa.eu/news- item/human-health/03-19-2015%2565/ecoa-statement-reacting-iarc-review-oesticides "People might be interested to know that there are over 70 other things IARC also classifies as `probably carcinogenic', including night shifts. In the highest category of known carcinogens are`alcoholic beverages' and`solar radiation' (sunlight)—along with plutonium. So yes, pesticides can be dangerous,but are many other common things which are also dangerous in sufficient amounts or over long periods of time— the dose makes the poison. While absence of evidence is not evidence of absence this does seem to me to be a precautionary rather than a reactionary change." -Dr Oliver Jones, Senior Lecturer in Analytical Chemistry at RMIT University in Melbourne Feel free to contact your business network,friends and family and let them know that IARCs conclusion is not supported by the overwhelming scientific evidence,and therefore IARCs classification of glyphosate contradicts the conclusions of regulatory and scientific agencies around the globe.Roundup continues to be trusted by regulators in more than 160 countries around the world. Hillary Hamilton From: Milenka Hawkins-Bates Sent Tuesday, March 24,2015 7:53 AM To: Hillary Hamilton Subject FW:Study Session Agenda B13 m � Milenka Hawkins-Bates City of Bremerton,Public Works&Utilities Administrative Division Manager (360)473-5333 1 (360)473-2330 SMilenka.hawkins-bates@ci.bremerton.wa.us 'iii From: Robert Parker rmailto:parkerftet-nw.a Sent: Monday, March 23, 2015 11:09 PM To: Roy Runyon; Greg Wheeler Cc: Milenka Hawkins-Bates Subject: Study Session Agenda B13 Councilman Runyon and Council President Wheeler. Agenda Item#B13 Integrated Vegetation Management Program IVMP I have taken a thorough look at the current proposal for the IVMP and believe that Milenka Hawkins-Bates and KC Noxious Weeds have come up with a very reasonable balanced working document. One of the important steps they have taken is to move Round-up type(glyphosate based)products to a more limited use rather than the former fully approved list. This was a big step taken towards meeting the concerns of the environmentalist or chemical sensitive citizens. A balanced success in my opinion. While we would all like to move glyphosate to a restricted or not authorized status, in some cases there really isn't an acceptable and cost effective alternative that I could find. I know there will probably be some obstruction by a few due to the glyphosate but the obstruction shouldn't go without challenge for a reasonable alternative by those obstructing. You will find reference in the document to vinegar as not authorized and a study cited. I have reviewed the entire cited study,feel newly enlightened and concur with the restrictive steps taken by the city. The other concerns and suggestions I mentioned to those working on the document have all been resolved. The volunteer background requirement to the Adopt-A-Spot application has also been reworded to a more reasonable approach. 1 I would like to lend my support for the passage of this document and if you should need me to speak on its behalf, please let me know. Respectfully, Robert Parker 360-377-6540 office 360-377-2356 fax oarker(atscnet.com 2 From: Christine Grenier on behalf of City Council Sent: Wednesday, March 25, 2015 2:01 PM To: 'Marianne Hoffman' Cc: City Council; Milenka Hawkins-Bates Subject: RE: Citizen Concern - Against use of Glyphosate & Neonicotinoids, and Other Options for Scotch Broom (Marianne Hoffman) Ms. Hoffman, Thank you for sharing additional information on Glyphosate. This article will be forwarded to Milenka Hawkins-Bates; and provided to the Council Members, Public Works Director, and Mayor Patty Lent for their review and consideration in preparation for tonight's Study Session. A copy will also be maintained for the record. Sincerely, Lori Smith Legislative Assistant Bremerton City Council (360)473-5280 From: Marianne Hoffman [mailto:marianne1127@hotmail.com] Sent: Wednesday, March 25, 2015 10:08 AM To: City Council Subject: RE: Citizen Concern - Against use of Glyphosate & Neonicotinoids, and Other Options for Scotch Broom (Marianne Hoffman) Hi Lori, The article below was in today's Natural News so thought I would send it for the Bremerton City Council Members, Mayor and Public Works Director to consider. Thank you for your help. Sincerely, Marianne Hoffman NATURAL NEWS Originally published March 25 2015 WHO admits Monsanto's glyphosate 'probably' causes cancer; chemical found in 75% of air and rain samples by Ethan A. Huff, staff writer (NaturalNews) The chemical industry's stronghold over many of the world's largest and most influential regulatory trendsetters appears to be waning after the World Health Organization (WHO), defying the propaganda endorsements of U.S. regulatory agencies, found that Monsanto's Roundup herbicide, which contains the weed-killing chemical glyphosate, "probably" causes cancer in animals and humans. Published in the journal The Lancet Oncology, the groundbreaking report tacks glyphosate as "probably carcinogenic to humans," listing it as the second- highest classification for substances that could cause cancer -- just below "known carcinogen." Included in the paper is abundant evidence proving that glyphosate negatively impacts the human body, having repeatedly been detected in the blood and urine of agricultural workers exposed to it. Kidney cancer, skin tumors just a few health problems caused by glyphosate Based on an assessment of various case-control studies of occupational exposure to glyphosate conducted in the U.S., Canada and Sweden, the research team noted increased risks for non-Hodgkin lymphoma, even after accounting for exposure to other pesticides. Mice exposed to glyphosate also showed higher incidences of renal tubule carcinoma, a rare form of kidney cancer. Other types of cancer shown to develop as a result of glyphosate exposure included haemangiosarcoma (a type of cancer common in dogs), pancreatic islet-cell adenoma and skin tumors. The researchers also noted that aminom ethyl phosphoric acid (AMPA) -- which occurs when glyphosate is broken down by soil organisms -- is present in human blood as well, indicating absorption. These and other critical observations suggest that glyphosate actively poisons the human body, a fact vehemently denied by Monsanto. Glyphosate and glyphosate formulations were also shown to induce DNA and chromosomal damage in mammals, including humans, as well as oxidative stress (which leads to chronic inflammation), and of course cell damage. The full paper can be viewed for free here: http://www.thelancet.com EPA says it will consider WHO findings, may reclassify glyphosate's safety in the future 2 These latest findings affirm what many independent scientists and researchers have been discovering in recent years about the world's most popular herbicide. But the findings also contradict the official position of the U.S. government, which claims that glyphosate herbicide is "safe" -- so much so that the U.S. Environmental Protection Agency (EPA) in 2013 actually upped the tolerance level for glyphosate on food crops. The EPA continues to claim that the available evidence supporting glyphosate's potential to induce cancer is "inadequate." But the agency, responding to the publishing of the WHO report, now says that it plans to "consider" the U.N. agency's findings and perhaps take action in the future. At the same time, the EPA does admit that glyphosate can cause major kidney damage in humans, as well as inhibit normal reproduction, promote lung congestion and increase people's breathing rates. Monsanto, of course, opposes the new findings, declaring them to be a "dramatic departure" from the conclusion reached by "all regulatory agencies around the globe." But it's a recognized fact that Monsanto and other chemical companies have infiltrated regulatory agencies the world over, influencing them to promote the use of unsafe but highly-profitable chemicals. The Food and Drug Administration (FDA) is one example. "Monsanto's takeover essentially of the FDA has been replicated around the world," says Institute for Responsible Technology researcher Jeffrey M. Smith. "I've been in 37 countries and I've seen how they 'capture' regulators, ministries, departments, etc., and once that happens, they discredit and dismiss any adverse findings about GMOs -- they don't even read the dossier." In this case, of course, it's the blatant dismissal of adverse findings about chemicals that's cause for concern. An earlier study conducted by the U.S. Geological Survey, published in the journal Environmental Toxicology and Chemistry in 2014, found that in some areas, 75 percent of air and rain samples are contaminated with glyphosates. Sources: http://www.thelancet.com http://thinkprogress.org http://www.reuters.com http://www.cnn.com 3 http://rt.com http://www.thedailysheeple.com http://ecowatch.com All content posted on this site is commentary or opinion and is protected under Free Speech. Truth Publishing LLC takes sole responsibility for all content. Truth Publishing sells no hard products and earns no money from the recommendation of products. NaturalNews.com is presented for educational and commentary purposes only and should not be construed as professional advice from any licensed practitioner. Truth Publishing assumes no responsibility for the use or misuse of this material. For the full terms of usage of this material, visit www.NaturaINews.com/terms.shtmI Page 1 of 2 Having trouble viewing this email?Click here E� BRENYIERTONPCUASHENGTON I ...J y ... ._.-..... a integrated Vegetation Management The City of Bremerton Draft Integrated Vegetation Management Plan (PDF) is now available for download. The City is accepting comments on the plan until 2:OOPM on March 20, 2015: Comments may be submitted to Milenka Hawkins-Bates via email or in writing at 100 Oyster Bay Avenue N, Bremerton WA 98312. Herbicide Application Notice The City of Bremerton will be hand-applying a diluted solution of the herbicide Glyphosate to city arterial street sidewalks beginning in February 2015, depending on weather. This application will be performed under the direction of licensed applicators to control weed growth in the concrete expansion joint between the curb/sidewalk, and at the back of sidewalks if needed. Two to three applications of herbicide will be applied throughout the growing season. The streets are: 11th Street, Washington to Kitsap Way 6th Street, Callow to Washington Auto Center Way, Loxie Eagans to Kitsap Way Burwell, Washington to Callow Callow, 11 th to 1 st E. 11th, Pitt to Perry Kitsap Way, west city limits to Callow Lebo, Wheaton Way to Lion's Park Boat Ramp National, Kitsap Way to Burwell Naval, 1 st to 15th Park, Burwell to 11th Perry, E. 11th to NE Stone Way Pitt, E. 11th to E. 15th Schley, Wheaton Way to Sheridan Sheridan, Pine to Cherry Sylvan, Pine to Petersville Trenton, E. 11th to Holman Warren Avenue, Burwell to Sheridan Washington, 1 st to 11 th Wheaton Way, Sheridan to Riddell Please contact the City at 360-473-5920 or Bremerton 1(aD-ci.bremerton.wa.us to notify the City if you would prefer the herbicide not be applied to your street frontage. No Spray signs are available for your use. Residents are responsible for controlling vegetation growth on their sidewalk frontage in that case and need to complete a"No Spray" -Owner Will Maintain Agreement(PDF). The Glyphosate Safety Data Sheet is available by calling or emailing the city at the above numbers/email address. Forward email http://campaign.r20.constantcontact.com/render?ca=921627f7-eac5-4b 18-9b27-34739f4c9... 2/26/2015 AGENDA BILL CITY OF BREMERTON 64 CITY COUNCIL SUBJECT: Golf Cart Lease Agreement with Study Session Date: March 25, 2015 Yamaha Motor Corporation, U.S.A. for Gold COUNCIL MEETING Date: April 1, 2015 Mountain Golf Course Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: Parks and Recreation staff with assistance from Columbia Hospitality's Golf staff requested proposals from four golf cart fleet vendors. The staff recommendation is to enter into a 48 month lease with Yamaha Motor Corporation, U.S.A. for 2015 model year golf carts as follows: 120 two-person fleet carts, 3 beverage carts and 4 four-passenger carts for a monthly amount of $7,550.00. Total annual lease amount: $90,597.00. Total Lease Cost through 48 months: $565,835.00. The Yamaha cart fleet proposal represents and annual estimated savings of$19,500 over the existing golf cart agreement owning to lease price, estimated maintenance costs and fuel efficiency. The cost over the 4 year lease is recouped by rental revenue collected from Gold Mountain golfers. In 2014 gross cart rental revenue was $440,701. The Yamaha cart lease proposal significantly reduces the age of Gold Mountain's golf cart fleet and has the potential to increase cart rental as well as green fee revenue. ATTACHMENTS: 1) Cart Lease Proposal Worksheet; 2) Master Lease Agreement FISCAL IMPACTS (Include Budgeted Amount): Cart lease expense is budgeted in the Golf Fund. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda Nx General Business ❑ Public Hearing RECOMMENDED MOTION: 1) Move to approve Lease Agreement between Yamaha Motor Corporation and the City for golf carts and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented, and further, 2) Authorize the Mayor, or designee, to extend the cart pad lease with Alexander Cart Rentals, Inc. until December 31, 2015, at no additional charge in consideration of Alexander Cart Rentals Inc.'s agreement to termination of the golf cart rental agreement with Columbia Hospitality. Den Table Continue No Action COUNCIL ACTION: ❑ Approve ❑ y ❑ ❑ ❑ Form Updated 01/07/15 Gold Mountain Golf Course Golf Cart Comparison & Proposal Yamaha EZ Go Club Car Alexander's Cart Qty Per Month Per Cart , Per Month Per Cart Per Month Per Cart Per Month Per Cart;. 2-Person Fleet Cart 120 6,738 56.15 8,790 73.25 9,352 77.93 6,668 55.56 Beverage Cart 3 568 189.24 487.50 162.50 552 184.00 NC - 4-Pass Cart 4 244 61.00 185 46.25 142 35.50 NC - Total Monthly Lease 7,550 9,463 10,046 6,668 Total Annual Lease Cost 90,597 113,550 120,552 80,012 10,585 33,538 40,540 - Operating Cost Fuel Cost 34,302 36,000 30,043 51,115 R&M 16,560 16,560 16,560 7,101 Total Operating Cost 50,862 52,560 46,603 58,216 (7,354) (5,656) (11,613) - Total Annual Cart Cost 141,459 166,110 167,155 138,228 3,231 27,882 28,927 - Cart Cost Through 48 Mon. Lease 565,835 664,440 668,620 552,912 12,922 111,528 115,708 - Additional Cart Revenue At $14.50 in 2014 0 0 0 0 At $15.00 in 2015 19,918 19,918 19,918 0 At $15.50 in 2016 14,017 14,017 14,017 0 At $16.00 in 2017 14,438 14,438 14,438 0 At $16.50 in 2018 14,871 14,871 14,871 0 Additional Revenue Generated 63,244 63,244 63,244 0 Net Cart Cost Over 48 Mon. Term 502,591 601,196 605,376 552,912 (50,322) 48,284 52,464 0 Cott Alexander's Cart Rental Qty Per Month Per Cart Period Cost 2-Person Fleet Cart(Mar-Oct) 20 7,500 62.50 52,500 (7 months) 2-Person Fleet Cart(Nov-Feb) 90 3.750 41.67 7,500 (2 months) 60,000 (9 months) Monthly Total 6,667 Calculated Annual Lease 80,000 '-A"YA:MAHFA YAMAHA MOTOR CORPORATION, U.S.A. 6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-5101800-551-2994 FAX 714-761-7363 January I, 2013 SAMPLE NAME STREET ADDRESS CITY, STATE,ZIP, Dear YAMAHA CUSTOMER: Enclosed you will find the documentation for your lease of XX MODEL Yamaha golf cars. The documents enclosed in the package include the following: Master Lease Agreement Equipment Schedule#5555555 <</ Request for Insurance Certificate of Acceptance Resale Certificate Invoice For First Payment Please have these documents signed by an Authorized City Official and return them to me in the enclosed prepaid overnight return envelope. The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation. If the city requires the use of Purchase Orders, please provide one with your documents. However, if-they are not required please include a signed statement on official city letterhead stating that a purchase order will not be required for this transaction. We appreciate your business and look forward to the opportunity to service your leasing needs. If you should have any questions,please give us a call at 800-551-2994. Sincerely, YAMAHA Commercial Customer Finance n.: -� A - ' iAHA h. Commercial Customer Finance MUNICIPAL MASTER LEASE AGREEMENT Page 1 of 4 MLSE0906 �1:A Owl" YAMAHA YAMAHA MOTOR CORPORATION, U.S.A. MASTER LEASE AGREEMENT dated January 1,2013 between YAMAHA MOTOR CORPORATION, U.S.A., having its principal place of business at 6555 Katella Avenue, Cypress, California 90630 ("Lessor"), and SAMPLE NAME having its principal office at XXXX STREET XXXXXX CITY CA 90630 ("Lessee"). Lessor and Lessee hereby agree as follows: 1. Lease of Equipment. Lessor leases to Lessee the equipment described on each attached Equipment Schedule(the"Equipment"),on the terms and conditions of this Lease,the applicable Equipment Schedule,and each rider attached hereto. 2. Term. The term of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on such Equipment Schedule and shall continue for the number of months indicated on such Equipment Schedule. 3. Rent. Lessee shall pay Lessor rent for the Equipment("Rent")in the amounts and at the times set forth on the applicable Equipment Schedule. The amount of the Rent has been determined by amortizing the purchase price of the applicable Equipment (using the prices quoted in the Request for Proposal identified on the applicable Equipment Schedule ("RFP"), together with an interest factor at the rate specked in the applicable Equipment Schedule. Whenever any payment hereunder is not made when due, Lessee shall pay interest on such amount from the due date thereof to the date of such payment at the lower of Lessor's then prevailing rate for late payments specified in Lessor's invoice to Lessee for such payment or the maximum allowable rate of interest permitted by the law of the state where the Equipment is located. 4. Selection. Delivery,and Acceptance. Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized dealer of Lessor(the"Dealer"). All costs of delivery are the sole responsibility of Lessee. Lessor shall not be liable for any loss or damage resulting from the delay or failure to have any Equipment available for delivery. Lessee shall inspect the Equipment to determine that the Equipment is as ordered and has been equipped and prepared in accordance with the RFP and any prior instructions given in writing by Lessee to Lessor or Dealer. Lessee shall accept the Equipment If it meets the criteria set forth in the preceding sentence and shall execute and deliver to Lessor or Dealer a Certificate of Acceptance, in form and substance satisfactory to Lessor,within 7 days of the delivery of the Equipment or the Equipment will be deemed accepted by the Lessee. For all purposes of this Lease,acceptance is conclusively established by Lessee's execution and delivery of a Certificate of Acceptance provided by Lessor. Lessee authorizes Lessor to Insert in each Equipment Schedule the serial numbers and other identifying date of the Equipment. 5. Location. and Inspection. Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule without Lessor's prior written consent. Lessor and its representatives shall have the right from time to time during business hours to enter upon the premises where the Equipment is located to inspect the Equipment and Lessee's records to confirm Lessee's compliance with this Lease. 6. Care. Use, and Maintenance. Lessee shall, at its expense, at all times during the term of this Lease, keep the Equipment clean, serviced, and maintained in good operating order, repair, condition, and appearance in accordance with Lessor's manuals and other instructions received from Lessor. Lessee will not use or operate the Equipment,or permit the Equipment to be used or operated, in violation of any law,ordinance or governmental regulations. The Equipment will be used and operated only as golf cars. Lessee shall safely store the Equipment when not in use and properly secure it at night and such other times when the golf course on which the Equipment is used is closed to play, and Lessee shall be solely responsible for such storage and safekeeping. If the Equipment is electrical, Lessee shall provide sufficient and adequate electrical charging outlets and water facilities for the batteries which are a part of the Equipment. 7. Insurance. Effective upon delivery of the Equipment to Lessee and until the Equipment is returned to Lessor as provided herein,Lessee relieves Lessor of responsibility for all risk of physical damage to or loss or destruction of all the Equipment, howsoever caused. During the continuance of this Master Lease, Lessee shall at its own expense, cause to be carried and maintained with respect to each item of Equipment designated in each Equipment Schedule public liability insurance in an amount of not less then $1,000,000, and casualty insurance,in each case in amounts and against risk customarily insured against Lessee in similar equipment and,in amounts and against risk acceptable to Lessor. All policies with respect to such insurance shall name Lessor as additional insured and as loss payee,and shall provide for at least thirty(30)days'prior written notice by the underwriter or insurance company to Lessor in the event of cancellation or expiration of any such policies. Lessee shall, upon request of Lessor, furnish appropriate evidence of such insurance to Lessor. Lessee shall bear the entire risk of loss,theft,destruction or damage to the Equipment from any cause whatsoever and shall not be relieved of the obligation to pay the total of the monthly payments or any other obligation hereunder because of any such occurrence. In the event of damage to any item of Equipment leased hereunder, Lessee, at its sole expense, shall immediately place the same in good repair and operating condition. In no event shall Lessor a liable for any loss of profit,damage, loss,defect or failure of any item of Equipment or the time which may be required to recover,repair,service,or replace the item of Equipment. 8. Storage. Lessee shall store the Equipment in such a manner as to prevent theft or damage from weather and vandalism. 9. TIft. Title to the Equipment shall at all times remain with the Lessor. Lessee acquires only the interests of Lessee expressly described in this Lease, the applicable Equipment Schedule, and the riders attached hereto. Lessee shall not remove, move, or cover over in any manner any serial number on the Equipment. Lessee shall keep all Equipment free from any marking or labeling which might be interpreted as a claim of ownership thereof by Lessee or any party other than Lessor or anyone so claiming through Lessor.Lessor is hereby authorized by Lessee,at Lessor's expense,to cause this Master Lease, any Equipment Schedule or any statement or other instrument in respect of any Equipment Schedule as may be required by law showing the interest of Lessor in the Equipment to be filed and Lessee hereby authorizes Lessor or its agent to sign and execute on its behalf any and all necessary UCC-1 forms for such purpose. Lessor and Lessee hereby intend this transaction to be a lease. In the event that for any reason it is not deemed a lease,the Lessee hereby grants Lessor a security interest in leased property. Page 2 of 4 MLSE0906 10. Warranties. The Equipment is warranted only in accordance with the manufacturer's warranty. EXCEPT AS EXPRESSLY PROVIDED IN THE MANUFACTURER'S WARRANTY, LESSOR DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,AND NON-INTERFERENCE. 11. Alterations and Attachments. Lessee may,with Lessor's prior written consent,make such cosmetic modifications to the Equipment as Lessee may deem desirable in the conduct of its business; provided,however,that such alterations shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof; and provided, further, that such modification shall be removable without causing damage to the Equipment. Upon return of the Equipment to Lessor, Lessee shall, if Lessor so elects,remove such modifications which have been made and shall restore the Equipment to its original condition,normal wear and tear and depreciation excepted. 12. Taxes. Lessee shall cooperate with Lessor in all reasonable respects necessary in order for Lessor to qualify for any exemption or exclusion from personal property tax on the equipment or sales or use tax on the leasing of the Equipment to Lessee hereunder. In the event that any such tax becomes payable by Lessor during the term of this Lease, Lessee shall pay to Lessor as additional rent, promptly on receipt of Lessor's invoice therefor, an amount equal to such tax. Lessee shall collect and remit any and all sales, use, and other taxes payable in any state,county,or city in respect of the rental or other use of the Equipment by Lessee. 13. Indemnity:Notice of Claim. Lessee shall be liable for,and hereby indemnifies Lessor and holds Lessor harmless from and against,any and all claims, costs, expenses, damages, losses, and liabilities (including,with limitation, attorneys'fees and disbursements)arising in any way from the gross negligence or misconduct of Lessee or Lessee's agents and independent contractors, or their respective employees. Lessee shall give Lessor prompt written notice of any claim arising out of the possession,leasing, renting,operation,control, use,storage,or disposition of the Equipment and shall cooperate in all reasonable respects at Lessee's expense in investigating, defending, and resolving such claim. 14. Return of Equipment. Upon the termination of an Equipment Schedule for any reason, unless Lessee is thereupon purchasing the Equipment from Lessor, Lessee shall make the Equipment available for inspection and pick up by Lessor or Dealer at Lessee's location at which the Equipment was used hereunder. The Equipment shall be returned to Lessor at the termination of this Lease in the same operating order, repair, condition, and appearance as when received by Lessee, less normal depreciation and wear and tear(which shall not include damaged or missing tires or wheels). 15. Defaults. The occurrence of any one or more of the following events shall constitute an"Event of Default"under this Lease: (a) default by Lessee in the payment of any installment of rent or other charge payable by lessee under any Equipment Schedule as and when the same becomes due and payable;or (b) default by Lessee in the performance of any other material term,covenantor condition of this Lease,any for a period of 10 days after notice;or (c) A petition under the Bankruptcy Code or under any other insolvency law providing for the relief of debtors shall be filed by or against Lessee;or j (d) The voluntary or involuntary making of any assignment ofa substantial portion of its assets by Lessee for the benefit of creditors shall occur; a receiver or trustee for Lessee or for Lessee's assets shall be appointed; any formal or informal proceeding for dissolution,liquidation,settlement of claims against or winding'up of the affairs of Lessee shall be commenced;or (e) Lessee shall default under any other lease or agreement between Lessee and Lessor or any of its assignees hereunder;or (f) Lessee shall suffer a material adverse change in its financial condition from the date hereof, and as a result thereof Lessor deems itself or any of the Equipment to be insecure.' 16. Remedies. Upon the occurrence of an Event of Default, Lessor at its option,may pursue any one or more of the following remedies,in such order or manner as Lessor determines, each;such remedy being cumulative and not exclusive of any other remedy provided herein or under applicable law: (a) terminate all or any portion of the Equipment Schedules to this Lease; (b) with or without terminating this Lease, take possession of the Equipment, with or without judicial process, Lessee hereby granting Lessor the right and license to enter upon Lessee's premises where the Equipment is located for such purpose; (c) proceed by appropriate court action, either at law or in equity,to enforce performance by Lessee of the applicable covenants and terms of this Lease, or to recover from Lessee any and all damages or expenses, including reasonable attorneys'fees, which Lessor shall have sustained by reason of Lessee's default in any covenant or covenants of this Lease,or on account of Lessor's enforcement of its remedies thereunder;without limiting any other damages to which Lessor may be entitled, Lessor shall be entitled upon an Event of Default to damages in an amount equal to all Rent then due but unpaid, plus the aggregate amount of Rent thereafter coming due for the remaining term of this Lease, plus Lessor's costs and expenses of pursuing its remedies hereunder (including, without limitation, attorneys' fees), minus all amounts received by Lessor after using reasonable efforts to sell or re-lease the Equipment after repossession or from any guaranty by the Dealer or any third-party; and (d) sell the Equipment or enter into a new lease of the Equipment. No delay by Lessor in pursuing any remedy shall be treated as a waiver of or limitation on such remedy or any other remedy. 17. Assignment. Neither Lessee nor Lessor shall transfer,assign,or sublease(except for rentals to players as contemplated hereunder in the ordinary course of business), or create, incur,assume,or permit to exist any security interest,lien,or other encumbrance on,the Equipment, this Lease,or any interest of lessee therein. 18. Lessee's Representations and Warranties, Lessee represents and warrants to Lessor that: (a) Lessee has the authority under applicable law to enter into and perform this Lease and each Equipment Schedule and rider hereto;(b)Lessee has taken all necessary action to authorize its execution, delivery, and performance of this Lease and each Equipment Schedule and rider hereto; (c)the Lease and each Equipment Schedule and rider hereto have been duly executed and delivered by an authorized signatory of Lessee and constitute Lessee's legal,valid, and binding obligations,enforceable in accordance with their terms;(d)adequate funds have been budgeted and appropriated to enable Lessee to make all payments required under each Equipment Schedule to this Lease during the first twelve months of the term hereof', and (e) interest paid on indebtedness of Lessee held by Lessor would be excluded from Lessor's income for U.S. federal income tax purposes. Page 3 of 4 MLSE0906 19. Non-Appropriation of Funds. Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds are budgeted and appropriated or are otherwise unavailable by any means whatsoever for Rent due under the Lease with respect to a Equipment Schedule in any fiscal period after the period in which the term of the lease with respect to such Equipment Schedule commences, Lessee will immediately notify Lessor in writing of such occurrence and the Lessee's obligations under the Lease shall terminate on the last day of the fiscal period for which appropriations have been received or made without penalty or expense to Lessee, except as to (i) the portions of Rent for which funds shall have been budgeted and appropriated or are otherwise available and(ii)Lessee's other obligations and liabilities under the Lease relating to the period, or accruing or arising, prior to such termination. In the event of such termination, Lessee agrees to peaceably surrender possession of the Equipment to Lessor on the date of such termination in the manner set forth in the Lease and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment. Notwithstanding the foregoing,Lessee agrees(i)that it will not cancel the Lease and the Lease shall not terminate under the provisions of this section if any funds are appropriated to it, or by it,for the acquisition, retention or operation of the Equipment or other equipment or services performing functions similar to the functions of the Equipment for the fiscal period in which such termination would have otherwise occurred or for the next succeeding fiscal period, and (ii) that it will not during the Lease term give priority in the application of funds to any other functionally similar equipment or to services performing functions similar to the functions of the Equipment. This section is not intended to permit Lessee to terminate the Lease in order to purchase, lease, rent or otherwise acquire the use of any other equipment or services performing functions similar to the functions of the Equipment,and if the Lease terminates pursuant to this section,Lessee agrees that prior to the end of the fiscal period immediately following the fiscal period in which such termination occurs, it will not so purchase, lease, rent or otherwise acquire the use of any such other equipment or services. 20. Binding Effect, Successors and Assigns. This lease and each Equipment Schedule and rider hereto shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns. All agreements and representations of Lessee contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Lease and the expiration or other termination of this Lease. 21. Notices. Any notice, request or other communication to either party by the other shall be given in writing and shall be deemed received only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee, as the case may be, at the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of either party. 22. Governing Law. This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in accordance with the laws of the State where Lessee's principal administrative offices are located without giving'-effect to the conflicts of laws principles of such state. 23. Severability. In the event any one or more of the provisions of this..L"ease.or any.Equipment Schedule or rider hereto shall for any reason be prohibited or unenforceable in any jurisdiction, any such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 24. Signed Counterparts. The parties agree that this Lease may be signed incounterparts,that delivery of an executed counterpart of the signature page to this Lease by fax, email or other electronic means shall be.as effective as delivery of a manually executed counterpart, and any failure to deliver the original manually executed counterpart::sent.by fax, email or other electronic means shall not affect the validity, enforceability or binding effect of this Lease. Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the Lease bearing the stamped or manually executed signature of the Lessor. The Lessee, by making any payment required under this Lease ratifies all of the terms of this Lease/Agreement. 25, Article 2A. To the fullest extent permittedby applicable law, Lessee waives any and all rights and remedies conferred by Sections 2A- 508 through 2A-522 of Article 2A of the Uniform Commercial Code in effect in the state designated in Section 26 below, except to the extent that such right or remedy is expressly granted to Lessee herein. 26. Status of Limitations. Any action by Lessee against Lessor or Dealer for any breach or default under this Lease must be commenced within one year after the cause of action accrues. r 27. Entire Agreement. This Lease and all Equipment Schedules and riders hereto constitute the entire agreement between Lessor and Lessee with respect to the subject matter hereof, and there are no agreements,representations,warranties,or understandings with respect to such subject matter except as expressly set forth herein and therein. No alternation or modification of this Lease or any Equipment Schedule or rider hereto shall be effective unless it is in writing and signed by Lessor and Lessee. IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed on the date first above written. SAMPLE NAME YAMAHA MOTOR CORPORATION, U.S.A. as Lessor as Lessee By: By: Print Name: Print Name: Title: Title: Vice President Page 4 of 4 MLSE0906 EXHIBIT A EQUIPMENT SCHEDULE# 5555.555 Dated 01/01/2013 1. This Schedule covers the following property("Equipment"): XX MODEL GOLF CARS 2. Location of Equipment: BUSINESS LOCATION NAME STREET ADDRESS CYPRESS,CA 90630 3. The Lease term for the Equipment described herein shall commence on January 01,.2013 . . .... and shall consist of .60......... months from the first day of the month following said date. 4. Rental payments on the Equipment shall be in the following amounts,payable on the following schedule: 60 MONTHLY PAYMENTS IN THE AMOUNT OF$1.00(APPLICABLE TAXES TO BE BILLED). STARTING JANUARY 2013 AND ENDING DECEMBER 2017. DUE THE IST DAY OF THE MONTH AS FOLLOWS: Jan-13$1.00 Jan-14$1.00 Jan-15$1.00 Jan-16$1.00 Jan-17$1.00 Feb-13$1.00 Feb-14$1.00 Feb-15$1.00 Feb-16$1.00 Feb-17$1.00 Mar-13$1.00 Mar-14$1.00 Mar-15$1.00 Mar-16$1.00 Mar-17$1.00 Apr-13$1.00 Apr-14$1.00 Apr-15$1.00 Apr-16$1.00 Apr-17$1.00 May-13$1.00 May-14$1.00 May-15$1.00 May-16$1.00 May 17, 1.00 Jun-13$1.00 Jun-14$1.00 Jun-15$1.00 Jun-16$1.00 Jun-17$1.00 Jul-13$1.00 Jul-14$1.00 3ul-15$1.00 Jul-16$1.00 Jul-17$1.00 Aug-13$1.00 Aug-14$1.00 Aug-15$1.00 Aug-16$1.00 Aug-17$1.00 Sep-13$1.00 Sep-14$1.00 Sep-15$1.00 Sep-16$1.00 Sep-17 51.00 Oct43$1.00 Oct-14$1.00 Oct-15$1.00 Ott-16.$1.00 Oct-17$1.00 Nov-13$1.00 Nov-14$1.00 Nov-15$1.00 Nov-15$1:00 Noy-17$1.00 Dec-13$1.00 Dec-14$1.00 Dec-15$1.00 Det-16$1:00 •: .Dec-17$1.00 5. Interest Factor: X.XXX oro 6. Other Terms: Lessee agrees to reimburse Lessor, who shall`pay;'any assessed property taxes due on the equipment leased pursuant to Section 12 of the Kdaster Leise Agreement. Yamaha is not obligated to perform or provide-any service,under any circumstances under the terms of the lease agreement. Service is the responsibility orthe Lessee. Failure by Lessee to maintain or service the equipment consistent with the terms of the Master Lease;Agre6ment shall not relieve Lessee of the responsibilities tinder the Master Lease Agreement. 7i I Signed Counterparts: The parties agree that this Lease may be signed in counterparts,that delivery of an executed counterpart of the signature page to this Lease by fax.email or other electronic means shall be as clTective as delivery of a manually executed counterpart, and any tailure to deliver the original manually executed counterpart sent by fax,entail or other electronic means shall not affect the validity,enfilrceabilit or binding efrLc:t of this Lease. Notwithstanding any other provision of this Lease,the sole original of this tease y Y g g shall be the I-ease bearing the manually executed signature of the Lessor. The Lessee,by making any payment required under this Lease ratifies all of the tennis of this 1-ease/Aerecment. This Equipment Schedule is issued pursuant to the Master Lease dated, January 01,2013 (the "Lease"). All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein and made a part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein. LESSEE: SAMPLE NAME LESSOR: YAMAHA MOTOR CORPORATION. U.S.A. By: _....... By: _.. _... . _. Signature Name: Name: Type or Print Title: Vice President _.... _....... ........... _. Title: CERTIFICATE OF ACCEPTANCE This certificate is executed pursuant to Equipment Schedule No. 5555555 dated January 01,2013 to the Master Lease Agreement dated January 01,2013 between Yamaha Motor Corporation, U.S.A. (the"Lessor")and SAMPLE NAME (the"Lessee"). The Lessee hereby certifies that the Equipment set forth below, as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below. EQUIPMENT SERIAL QUANTITY TYPE/MODEL NUMBER NEW/USED LOCATION XX MODEL GOLF CARS See NEW BUSINESS LOCATION NAME Attachment STREET ADDRESS CYPRESS,CA 90630 ADDITIONAL CONDITIONS/SPECIAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment. SAMPLE NAME as Lessee By: Name: Title: YAMAHA MOTOR CORPORATION, U.S.A. COMMERCIAL CUSTOMER FINANCE 6555 Katella Avenue, Cypress, CA 90630 (800) 551-2994, Fax(714)761-7363 E-MAIL: Donna_Hennessy@yamaha-motor.com NAME OF INSURANCE AGENT: January 1,2013 ADDRESS: Please Reference our Quote# 5555555 PHONE: FAX: RE: BUSINESS LOCATION NAME (Customer)Account# ...... The Customer has leased or will be leasing equipment from Yamaha. The Customer is required to provide Yamaha with the following insurance coverage: . "All Risk"Property Insurance covering the property owned. by or,in which Yamaha has a security interest, in an amount not less than the full replacement cost of the property,with Yamaha named as LOSS PAYEE. Public Liability Insurance naming Yamaha as an'ADDITIONAAL. INSURED with the proceeds to be payable first on the behalf of Yamaha to the extent of its liability;if any> ,The amount of the Public Liability Insurance shall not be less than$1,000,000.00 combined single limit; " Each policy shall provide that: (i)Yamaha will be'given not less than thirty(30)days prior written notice of cancellation or non-renewal, (ii) it is primary insurance and another insurance covering Yamaha shall be secondary or excess of the policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of the policy or the Customer's application therefore. A Certificate evidencing such coverage should be mailed to Yamaha at the following address. Yamaha Motor Corporation, U.S.A. Attn: Commercial Customer Finance 6555 Katella Ave Cypress,CA 90630 Your Prompt attention will be appreciated. Very Truly Yours, Equipment Covered: XX MODEL NEW OR USED GOLF CARS SAMPLE NAME (Name of Debtor/Lessee) . ........._... . Equipment Location: (Signature of Authorized Officer) STREET ADDRESS CYPRESS CA 90630 Title: .. ......... .............. . ...... Revised 0"!2000,Page 1 of 4 UNIFORNI SALES&USE TAX CERTIFICATE—MULTIJURISDICTION The below-listed states have indicated that this form of certificate is acceptable,subject to the notes on pages 2-4. The issuer and the recipient have the responsibility of determining the proper use of this certificate under applicable laws in each state,as these may change from time to time. Issued to seller: YAMAHA MOTOR CORPORATION, U.S.A. Address: 6555 KATELLA AVENUE CYPRESS,CA 90630 I certify that is engaged as a registered Name of Firm(Buyer): Wholesaler Retailer _ Address Manufacturer Seller(California) _ Lessor(see notes �m pages 2-4) Other(Specify) and is registered with the below listed states and cities within which your firm would deliver-purchmes to us and that any such purchases are for wholesale,resale,ingredients or components of a new product or service,to be resold,leased,or rented in the normal course of business.We are in the business of wholesaling,retailing,manufacturing,leasing(roiting)�the following: Descriptionof Businc�s:.. _..._._��...__ ...._.._......._....._....._.__..__._._._.........._......�\�......_......... �..._......_—..-_.._. _.—.__..._..._. General description of tangible property or taxable services to be purchaacd from the sellcr:// State State Reottation,Seller's \, State State Registration,Seller's Permit,or ID Number < Permit,or ID Number of Purchaser \ ,. '• `'\ 13 of Purchaser At! Mq4 AR NE 2 AZ2 �.., NV 3 CAt w. NJ las CO Nei C'I4 — -- NC25 DC-6 --.. .f.. ND 16 FLR ----- _ _ OH16 GkOK H113 _.... _.._ PA27 _ 17 ID RI IL s Sc13 IA SD KS 24 TN KY .I.k19 ME' UT MR:, �� - - -- VT 20 1111 12 WA MN we I further certify that if any property or service so purchased trot free is used or consumed by tyre firm as to make it subject to a Sales or Use Tax we will pay the tar due directly to the proper taxing authority when state law so provides or inform the seller for added tax billing. This certificate shall be a part of each order which we may hereafter give to you,unless otherwise specified, and shall be valid until canceled by us in writing or revoked by the city or state. Cinder penalties of perjury,I swear or affirm that the information on this form is hate mrd correct as to every material matter. Authorized Signature: _.. Title: Date: PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR CORP.,U.S.A. 3362 Momentum Place Chicago,IL 60689-5333 INVOICE NUMBER: MAN 5555555 Date Prepared.,011112013 SAMPLE NAME XXXX STREET XXXXXX CITY,CA 90630 Due Date Quote No Description Amount Due 5555555 XX MODEL GOLF CARS for Lease Cars located at:BUSINESS LOCATION NAME 011112013 Payment $1.00 Payment Tax $0.00 YOUR ACCOUNT BALANCE IS----------------- $1.00 Please return the bottom portion with your remittance. Include the lease number on your check. FOR BILLING QUESTIONS, CALL YAMAHA Commercial Customer Finance AT 1-800-551-2994. -------------------------------------------------------------- PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR CORP., U.S.A. 3362 Momentum Place Chicago,IL 60689-5333 INVOICE NUMBER MAN 5555555 Date Prepared: 01!112013 Payment for: SAMPLE NAME XXXX STREET XXXXXX CITY,CA 90630 5555555 $ # Quote Number Amount Paid Date Paid Check Number