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Home My WebLink About06/03/2015 AGENDA ! -�i . � .. I 7 I ' i '� � � � � CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 JUNE 3, 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 — May 20, 2015 C. Minutes of Study Session — May 27, 2015 D. Acceptance of Drinking Water State Revolving Fund Loan Agreement with the Washington State Department of Commerce for the Flow Control and Seismic Valve Project = E. Acceptance of Drinking Water State Revolving Fund Loan Agreement with the Washington State Department of Commerce for the Reservoir No. 4 Cover Replacement Project F. Purchase and Installation of required Police Equipment by Systems for Public Safety, Inc. for five (5) 2015 Ford Interceptors G. Public Works Agreement with Lakeside Industries, Inc. for the Pervious Asphalt Parking Lot located at the Oyster Bay Public Works & Utility Facility H. Renewal of the Shelter Plus Care Agency Service Agreement with Agape Unlimited � I. Resolution No. 3246 ratifying amendments to the Kitsap Countywide Planning Policies 6. GENERAL BUSINESS A. Professional Services Agreement with BERK Consulting to assist with the 2016 Comprehensive Plan Update B. Ordinance No. 5277 amending Ordinance No. 5266 relating to the City of Bremerton Fiscal Year 2015 Budget 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING 9. EXEMPT CLOSED SESSION A. Update on "Labor Negotiations" per RCW 42.30.140 (4)(b) Information on/y... �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. 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 � S Ui� rc�i'�,e � i � � �N�� vc'd !'1 � v�c Qa � L. �,� ��'G�_ � _ �'��`�i+�S , �l ;�� ,� PwY.�� C� � �C:��-`�� f��rf ��-Q- ��--(� - ��, ��.� � REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU . _ __.-- _ � � - � - �_ . ;�� 1 �'? —�__.__, _ �f ��' r � . , �L'_..� di � P� . * � , .. ; , �3.* . .��" '�I` �� ./�"-'` � � . . � �r.`i� . ��'�:�� : � � ��_ , ,� � �' �..-- ,�.�' �{� -,�; � � � � . +;;i�` - ;v. _ �r C` ` \'s 1 .. , '�� : � ' �y _�.�-,�'�'�� : � _ a.��. , '� '�'�/`�1' � y '�� .. �i� _ <_ _ i ' _�._ �� s i , � � ��4 � - . -` ' -, . .. �. � � �� - � � .:� �-�� ,-.�-��,. ..t. � � � �'"_r- ___ __ __ — _ _ �' r. �� . � _ .,�_..,. . --- _. � �� ^1` , � \ , ,;,, � i�''� , - � �� ,; ' '� 1 � ___ _ „ '� { 1 � ;� --,��; �.� . � 1 - �►-`= - __ :� . , . , _ ��` • i ; , � �-�'' .� _. ! . .� ��, �� ,� �� ►� �� -� . �'��I►.-� �' 3 � � 4 t � n '-� t' , � tt1• :yr�::i.. 1� . � --_ ��`'�� "' �3 �� .�ti_*'� �� - -- -�� _ � � �� ' � �� p� .;� _L. � � � � � � -� ti: `'�-� �,� r' " � �� B � _ � „ � ,:; !' � ,,, � ;�4 s` � � , -z ��, -. . a� -= ,,\ � � ��' � J � `, ,��: - — – i '� '1 � �� -��+y - � - - __ _-_--__.�_.___� - � : �� - � / - `. � �� f . – � � ) � ' - `� ��`�. �. - 1�sys �� "_�..r�_.. � "� ,. ,. � " -- - ,_ ,, .� �:y��, •.�: J`i;` _ . y �,.= . _��r-r' - �� a"�' 1 �; ,,"' i'�;r°r, -- --- _—_____._y r � } �, �,;`".�. .�� ) i: �,: j "F� 1 .'!4 ..�Y `�� . ' ' � �� l r. t}� - �,._.� � ��`�� __ �-1—__ _ ,,� i "i a � . �rocr�rrYartor� WHEREAS, the Continental Congress of the United States, on June 14, 1777, adopted the first official flag of the United States; and WHEREAS, the Congress of the United States on August 3, 1949, officially designated . June 14 of each year as "National Flag Day"; and WHEREAS, the Congress of the United States on June 20, 1965, adopted a Joint Resolution approved by the President, to recognize a pause for the Pledge of Allegiance as part of National Flag Day ceremonies and urged all Americans to participate: WHEREAS, the John Paul Jones Chapter, Washington State Society, Sons of the American Revolution reminds us of the importance of National Flag Day: WHEREAS, the City of Bremerton, has always been proud of our National Flag and � what it symbolizes, knowing that it stands for the best that humankind has ever sought and achieved in the history of this world: and NOW THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, Washington do hereby proclaim June 14, 2015 as "National Flag Day" and call upon all citizens to share actively in this commemoration join in common declaration of faith represented in the words of the Pledge of Allegiance." Signed this 1 S`day of June 2015 Mayor Patty Lent �, �� 4 a�� v 1 A�I � �r'+ Y - /' � '"� _ - { • — 1 ('�''� ; � �ti'. ' 't' '� � _ _ i . _ � r,, _ � , ;: ;, � � �, � _ —.�.�.I _ _ . ��-- . , - - . . , _ -. . _. - . - y . -� � F_ - - . _ �. ,:�,_.:�� - . - - _ There will be a ribbon cutting at the USS Turner Joy Gift Shop at 4:00 on the 3rd of June 2015 I appreciate all of the volunteer hours of labor that the volunteers have given to our city and to the Bremerton Historic Ships Association in the refurbishment of this building. We could of not accomplished it without the gracious donation of your time and the materials furnished by Lowes of Bremerton and Silverdale. Come help me celebrate the return of this building to the Bremerton Historic Ships Association and the City of Bremerton in Honor of all of the Sailors that Served on not just the USS Turner Joy but also on all of our ships throughout the US Navy. Marion (Mick) Hersey MSCS(AW) US Navy Retired Historical Memorial Preservationist _ ,. _.. . — : -- - a �-- - � '' '.-.' - -� —- - ,-.—:-- .—� —�-- 1 - �\ �l. � •� ' . ' � � . V� T . �,� � . �� 1� •� �, J`' i ` 4 . ' .i� .. . i . I �� 1' ! . . r � .` . � � !� I r�i . � �{ � ' .a �.�4j: �� " J i,. � "iS.,l :�.� . �:�..i' t�.�.s ��) �w 1 .�'o . � '� x +� ��' � i y h i .i 1 ,i� j� � ' {1 ' ,1 � . i � � � r 1,� P p 1 ' .. #� � ,� iT ` i l� � 14 ' �^, �� ( 1 i� • ! ,n {{ 1'� ,� ,�I .�\./� ,�.� C i� f I� � ,�u�� r +t� `��1� ' •!d � 'i' `��' ��r ''s1tY' i� 1 +, Z0 1.,�. � t . 1 , . � � �'± � � If��l s�: il � • �a� � �� ,.` � . �• � , . - , �:. � [[[,,,f'' . �� 1 ��''. ' � I i 1 �� ' , .u � • '�, '� 4 - I j�}�!1 �. Y �� ' � �y4 '!•;�r�'' � � j � L �� :.+.: �'}+� �"�' sr� e � � �' :�.1'� � �'� �i �� `' Ir � i- . ,,' e..i;. �3 � � t, ��.' . �" + , � � � ' .. • t. 1 � ,` '' �, � -;�:' . � „�' �'� � 1E�t_ !�.._�s! ••�.i�g � � '' ! 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' � . . -- ,05l2�2�L201'5. _ . � • - - �rocr�rr��tior� WHEREAS, Amateur Radio operators are celebrating over a century of the miracle of the human voice broadcast over the airwaves; and WHEREAS, Amateur Radio has continued to provide a bridge between peoples, societies and countries by creating friendships and the sharing of ideas; and WHEREAS, Amateur Radio Operators have also provided countless hours of community services both in emergencies and to other local organizations throughout these decades; and WHEREAS, these Amateur Radio's services are provided wholly uncompensated; and WHEREAS, Amateur Radio's people also provide support to many Emergency Response organizations including Kitsap County Department of Emergency Management and to those who serve as weather spotters in the SKYWARN program National Weather Service; and WHEREAS, these same individuals have further demonstrated their value in public assistance by providing free radio communications for local parades, bike-a-thons, walk-a-thons, fairs, and other charitable public events; and WHEREAS, the City of Bremerton recognizes and appreciates the diligence of these "hams"; and WHEREAS, the AARL is the leading organization for Amateur Radio in the USA; and WHEREAS, the ARRL Amateur Radio Field Day exercise will take place on June 27-28, 2015 and is a 24 Hour emergency preparedness exercise and demonstration of the Radio Amateurs' skills and readiness to provide self-supporting communications without further infrastructure being required; NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, do hereby proclaim June 22-28, 2015 as Amateur Radio Week in Bremerton. Signed this 151 day of June 2015 Mayor Patty Lent �Q�}�TY AiV1ATEU� R��1 5�'� � cC �� ww.kca rc.org ��. �=._ �\.:� � � � � _:,�.��•�. +' r - .: r. � t' < is �r x � �. .� Y . � 7 � ` s.�.' ;`^ / i ; � � �. � :, r: / �.�, � � - "r.. a " , � � :�' _ ire i � l� � . ... tl � �.�.�. � � _ ��. _ • ' ► t - � s f � � . ] . - 1 T�,'•.'e: , .. •,c `.'`�:.i��,� �n--. ....._.._r_... �� - � - . , . 4 �� v�j" . � vr ny y; .�,�037' _T.. r� �, . .�... v. � �h . ..M1- _ S �� 10��''. I� �s � �� ft*.�f ��.t . � . 4i.�' •� ,� L ' �+.•- 1l . � , t ; . 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'.fl �� ' '-�1 �T ��' •"� �., , �`"`� - � _ ►' /��' �f.`�� , �- l / � � a �s am a �o . ■ A man in Dallas receives a data transmission from an ' � ' � orbiting satellite. He forwards the data to a university in �� \ Norway,to help the students with a science project. � . ,�� _,� _ `'�� c�;� � , � ( `�_'�°_ ' �; `" ..�� ,�, ,�;,� , :. ■ During a Colorado wildfire, communications assistance � '�� , ,` r ` from volunteer Amateur Radio o erators hel s save lives ��c��\�� ;�� p p ,,..� :�_ J�=-i �.. and property. "�t` �� , � . - - � � \�i }��,,,�e:i> �' '' ��_ � _ ,`� ,� � �I �� , t �� r ;�,l ! _ � R,w `\ 3� � ^ c�� . ` . � . . " , h . 4 '� ..aM,- `�- � ' ■ A woman in Connecticut '� d��`�'� v . ', � � . W S � �� il . °� .� �.� ,�,.� �-,� �+ � uses a pocket-sized handheld \ ��y �� '-' �, �• - - J ' radio when she's out of cell �� , � T''�� - -��'. � � � • l\ � � phone range to talk to her � i 1 ~�"`�'"'" �� '� � - �� friends in North Carolina. _ � �_' F� ,�a - .�; %�;:, � � �� - : � � :��.,,,� � �:�F�-� . `' ,. -� � � ..,_, _ � ''�' �(f� . �-8�� . .. �_ - ",�,n4�+s`e J.C�:=.^. '�!'% .H:,. {r.... � __+i`�� " y •..y:91 yy. • ^ .� _� �:.,;:-`:' ;�Ra +'F - _;: l Y' ::> +�l�. - '. ) �. \_�' ^' ,`'�'� ;�' :�. \ _ •; �•_' � � - ,�, :,��,�., ; Who uses ham radio? ' -��'''�� ' s,,:� - r-,...,�,� , ��rf:�,�:` Amateur Radio operators come from all walks � ti�;,�;;,,,, of life.They are people of all ages, income levels, "-' . �'� �� and nationalities.They speak to the world in many languages and many ways.But whether ��,:.- . \ _ they prefer talking into a microphone, interfacing their radios to a tablet and typing messages, ��"�->'-��' � � or sending Morse code by hand,they all have an interest in what's happening in the world �� .$'� s� around them,and they use radio to reach out. � : J'�� "` ti.;�� :.�' - What's the appeal of ham radio? �� "'� � Some people are attracted by the ability to communicate across the country and around the world x_j � � 'w without the need for the Internet or a cell phone network.Others enjoy building and experimenting � with electronics or interfacing radio transmitters with their computers. Still others enjoy the thrill of �- ' trying to make a radio contact with every country in the world.Some of us serve our communities � �" by providing communications during civic events,or emergenaes such as tornadoes or floods. a .4 Mostly,we use Amateur Radio to open the door to new worldwide relationships over the airwaves with people we may never meet in person,though we come � ' to call them friends. _ - --- ��T� How much does ham radio cost? �.::^.=�-'--R - - ._„,:.�;,�^,'=�s ..:::�r�.:'�z., ,..,,..:._ Basic study materials to get your entry-level license cost less than$40. ��.::�:=i, � - :. ;� Takin a license class s onsored b a local Amateur Radio club is the best � r ��` �•��"�Y `��'"."# 9 P Y ,�� jya • c��:� �� way to go,but there are plenty of online courses and instruction materials,too. �.' �, • ��t�F �'.� ��"'�' �• Once you have your first license,you may find it best to start with simple Y"` ,��, ,�;. _ equipment and build your station over time.You can find a good handheld �'!•� :;�s"- �. �' "='`•' .�,. .:. � radio for under$100 and start saying hello to the world� "�� "y�-'� '"��'�'' :f� � ;�'�1 r:� What is the ARRL? ��`~ ,' ��'�� '�'" , ..::w, . Founded in 1914,the 165,000-member K'� . - ' :•-�� = American Radio Relay League(ARRL) 3'- �`� is the national association forAmateur '�-`�' ' C .-- .� Radio in the United States. Many countries - - also have their own national associations. --- ' � ' ��l='�' ARRL is the primary source of information �,; about what is going on in the ham radio world.We provide books,news,study - `_�� e` .z materials,and support and information for '� y � , individuals and clubs.ARRL also sponsors • _ � on-air operating events,continuing education ��`�' ':� classes,and many other benefits for our � . , • • . - -- members. Being a member of ARRL is important for Amateur Radio and Amateur Radio operators! For local information,contact: Amateur Radio is... ■ Science ■ Service � Skl�� Or visit www.arrl.org/what-is-ham-radio .■■J o i n u s! ARRL ■ 225 Main St. ■ Newington,CT 06111 860-594-0200 www.arrl.org �: � � I� .�. .� M � . �� ' � �� . -- ~ � �� a�� _ .� ��- .� �r . ARRL Field Day is June 27-28, 2015 Location: Silver Spurs Riding Club Directions: To reach us, From Hwy 303 (Waaga Way), take the Central Valley exit, go West on Bucklin Hill Rd, South on Nels Nelson, Silver Spurs is on the NE corner of Nels Nelson and NW Fairgrounds Rd. Entrance is on Nels Nelson Map of 8000 Nels Nelson Rd NW Bremerton, WA 98311 _ �1 � � � :E r�,��d�>a:�Fri 1 �� I �l 1 . .�..-� �J � � ti� '�C � I\ItSBR IYI��I �'2 �� \E��c�.��JIl�il� _�� Ridgeis�P� � �� D3 �� '• P�W BSJCI(:�1:1.H�1�Ffd „' �� K5 �� _ � h4 3 _- Z f �IIV�(C�a�P.. � . � � n Fo�.t�-R_'Pl: -=`' J '� Y 2 � � �� 03 � w _ � ��ao-Tsao w�s �� Nelson Rd NW W � F> � C `� sn � a w v: � � �� c n � ryz r� '��'. �' � CG v s � Ci �o z � NE�A!ctia�if�esr+ns R� < ��*� 343 l • ut mtu RaioCu K �tsa Co a e r d b n L �► p y ' � ' H mf st 2015 - a e . . . , � r � � � t.� j4��' � � ��`e";t �_.a• -.� � � Octob@r IOth 2015 ��. �� SAT 9am to Ipm �� ,, �I� Ae�miSSion � �3 per A�ult - �� _� ' =� -=1` �µ �� Ch�Idren under �� free C � ' - ._ _ `��`� - �� - : Foo� and Drin� c�� .. � � � =, _ � . . , av�il�bl� 2 9 01 A�RRY A VFNU� Genernl Informntion BR�AA�RTaN, WA 98310 Fr°�� I�o�g USA � � Han�u�c�r� �-;��ible � � �� Ta9�m�� (��q a � 146.44 Simplex �� _ p � � � � � � Tables are reserved on a first come,first served basis dependent on payment received. Please include any necessary requests, such as power requirements, known before the day of the event. KCARC will try to accommodate any reasonable needs. For ta,ble avazlabalzty emasl llamfe�t@�k�ar�.Org Table Reservations 6 foot table+vendor: $10 � � ' . �r � � ,� r-r 8 foot table+vendor: $12 �,�� $2 per Helper (max 2) , 1�Tame ------------------------------------------------- Callsign---------------------------------------------- PhoneNumber-------------------------------------- Email------------------------------------------------- Sellers aze responsible for state sales taz and and necessary license. Tables are limited; Please ernail first and a waiting list will be kept as needed. Tables are not reserved until payment is received. Please make checks payable to: RCARC Mail to: KCARC PO Box 2268 ' Silverdale, WA 98383 For mo�e, try our website at www.kca�c.org o� emai/jimanico%t�a gmai/.com ------ - ;. ��-,—,•._.-.,�- �;_:_=;..._---- ---- -.,; ;- ;;---,� - �- - -�i�. ,r---. � i- ` � i1 , �...�, -vm,s•___ McCloud's Grill House&Saloon, -;j�� 1 �"��;' ,��^��; � ; ;I • ; �., �. ;, � ��i i_ ftc_•_ ,I :: -�- - Eoc18remurton' ' i+ I% I .._ .'_- —.-- _:.w.:nw,�_ ..p� ;, o..,t- rSWsv�'oY8 "� =raEA*.nr:a, r 2901 Pe Ave Bremerton WA 98310 g �`�( ^ !` � �;� �� -=E�,�:��=i:: 6 g ;; �;: '�j � � > > •��7j •I '� � �' s��il� i ;j b � �! ;g�I a 1 �. �._:i � _.�— � , ,L � ,I � i. � sl-; - -;r—..-•�a� �� '1 Directions -e��., _., a �-� . �;F,..,��-�._ I ,�'..' i, _a- I; 4i;[7tst�� "' S_— '.{ay . ., ^ � il_.:.,,i i'�- ' �`.'...'_� I� I� jL.'L.�'.g�� . _ r'II + J`._._�L 1. �.,� 1 -'� , �I g:i '- i.�� i- �:_._- ��ons--.:!'"_--:<: Seattle Bremerton Ferry Dock �;� =='� �� : -:�� '._.-i_;� _�� ` � �� l� � .,� ' .�9viea�rta� '�, i� ..r—. �`--9s�aaiqn=—�.- , i : .`i''g`-g' �'. �=ii .', . �♦ , ` 'I , _il � ,.�: � ��r.nCa'7o; :; •�. , . V,'1h�19`�i. ,I . .�.., i Bremerton WA 98337 ��;, ��`'`�' . �, 1� a.;�,�i��_;; ;:),,'• --'�- : � ' � '_ �f,' . •� � g ..._ �- :i IJ�I � worwa. , Y'�''. ? �:.. � i Drive along Warren Ave, Wheaton Way ��;� �� ,' , ; , -4��J� � � ' POR�WA fCAGTON .��,' i r"�"n�'q I . 4 5 I ti,'. i ' �` ��:.•` a� and Sheridan Rd r'x"gj; , _-_ `�:°.�'�,°_,:` "� � I �� . ' � ac� j+ r::�:naera+s�n 1� �' '!V� '. %, I�- Etla�:�I! . i!.JI �' � ' 11 s � �, ri . .;I �; �j=----��. ' • 7 min (2.9 mi) �: :.�!.P �� -!:. ; ;�. ,;_�_.` , ; . ,�1' Q �c,sca�'re._ i_.. � ,I ;� :� ''`•; - .__b °��'' ;: �' � i �e ,.I fi '(,, .I , . Ir•:'74 �d I ��I.�.,r:� . . ��77�9�i �; � �lI . • :E1�&�i iar.cs9_�:_NOVS1�7�' ( Drive to your destination in Bremerton ��` � ��=�i�i"i :' :' ;� ; : �,__ -,----:i j � � .fl��' �I.�I_ .,� � ,+ 'f ;�,��.-,.�; �e , i ;�W-=`- - �- ..� 8-. ��c�c,aoen;tr� !j �• �e 34 s r174 ft1 ��t.�`' ��i � �:.��L. g;` I' + r �, —. �=;_E,�,��:;�� .� I \ / ��Jl�9�� T_: .t3�9��'r-_J.=' rh ., J�� ..,;1�i„� �� ( R ,I��j=1!� —� 1("I'�� 4, i .iJu:.:� L 1 'ELtr�9.- ir�� i1n&;:�_. �;i � �. ^��. 1 ,. �� ;1 .� .;:.-'i��:��ti.,��.._ _ -�'iimsi �_I:I��j� �,i� ;�I.' I F.:.. ��.. � ..�'i^ ^I' .I � 1� -' ",:II^"`i� .I: � ��;�,: 2901 PerryAve f `i�_ �:��-:,a,�=�:��=_��_. ;:`�!�;:�:��„_ "�`:�;Ee;�9c_i;..; � L._ri�•::-:..._$-�c,'-:.':.:�- i��----�!I �:en&8c��! C_1'�._....__�_�8��.� ._ �l,]' ._� From: Lori Smith on behalf of City Council Sent: Thursday,June 04, 2015 10:33 AM To: City Council Cc: Roger Lubovich;Andrea Spencer; Patty Lent; 'Ken Bagwell' Subject: FW: FW: Eastpark Neighborhood Concerns - Highmark Homes LLC (Asset Realty Group, Bonnie Moore) Attachments: 20140420_074733.jpg; 20140421_201829jpg; 20140421_201804jpg; 20140421_ 201913jpg; 20140421_202003jpg; 20140412_191418jpg Attn: Council Members (FYI) For those who didn't already receive it, please see the e-mail string below for additional input on the Eastpark neighborhood concerns, along with the attached photos. Thanks, Lori -----Original Message----- From: Bonnie Lim [mailto:bonnie.lim@gmail.com] Sent: Wednesday,June 03, 2015 4:05 PM To: City Council Cc: Lori Smith; Allison Satter Subject: HighMark Homes To whomever it may concern, I wanted to help to voice my concern with the builder Highmark homes. As I understand there will be on the agenda this evening in the city council meeting to vote on who will be responsible to finish the roads and common areas in the neighborhood located near the YMCA(East Park I believe is the name). I sold one of their homes to my clients last year and through the purchase process there was many issues with quality and lack of the builder taking ownership. In my years in real estate I have never had to deal with a more un-organized builder. I truly believe that Highmark homes should be responsible to finish the work that they started and it should not be left in the hands of the home owners and/or HOA. It has been about a year since my clients have moved in and there is still unfinished work on the house (interior) as well as exterior common areas that are yet to be addressed, including pipes and wires sticking out of the ground and construction debris and trash left by the builder. Last year I sent the email below to Highmark homes and they still have not addressed all of the issues. If you ask others who live in the neighborhood I am sure you will find similar stories. I hope that this letter will help to communicate the lack of ethical responsiblity they have in doing what is right. Please feel free to contact me with any questions you may have 206-949-7627. Thank you for your time, Bonnie Moore Asset Realty Group 206-949-7627 ---------- Forwarded message---------- 1 From: Bonnie Lim <bonnie.lim@gmail.com> Date: Tue, 22 Apr 2014 12:43:55 -0700 Subject: Mateikat's Purchase Experience To: Raykolt<raykolt@windermere.com>, customerservice@highmarkhomes.us Highmark Homes, My name is Bonnie Moore and I am the buyers agent representing the Mateikat's in a transaction that closed May 1st. After the experince I have encountered with this transaction I now know why there is a website that specifically warns the general public about Highmark Homes which lists out all the lawsuits that people have filed... Not to mention why the company is rate F(on a scale of A-F) on the Better Business Bureau website. Of all the years I have been in real estate I have never come across a builder so unorganized with lack of follow through and quality. The Mateikat's home is still unfinished. It has been closed for 22 days now with many of the punchlist items still in unfinished. I went to visit my clients over the weekend and was taken back at the issues I saw and lack of quality in the build. The contractors tracked black dirt or tar on the new carpet, the trim in the home is midmatched, the permanent doors are still not installed, knobs missing, hanger racks in closets still needing to be installed, big cracks in the drywall, construction garbage in the front and back yard (literally looks like a dump yard), the grass in the front yard was laid poorly and you can see grids where the land is settling.There are random pipes sticking out of the house and ground. On the exterior there is caulking that still needs to be touched up with exterior paint.... The list goes on... If I had known the house was in this type of condition, I would have advised my clients not to close until it was fully completed. The sellers were flexible to close last minute since the builder wanted a closed transaction to meet their quarterly goal. However,the house was slapped the house together quickly with promises that the punch list items would be taken care of the week after closing. I was honestly embrassed at all the issues and you would be too if you saw it. It is something as a company you would not be proud to stand for. I need to know a date of when this will be fixed in a reasonable amount of time, my clients are really unhappy with the tfine it has taken to fix the issues. Mil<e the superintendent has told them now 3 times he will come "tomorrow" with no one showing up. The builder needs to make this right if they want to try to salvage their reputation at all. Also there is a very strange issue. All the hard surfaces(light switch, bath tubs, toilets) keep on getting a odd black dust/dirt after a few days even after cleaning it. It even went through the fridge filtered and now won't come off in inside shelf of the fridge.This concerns me because the house is circulating this dirt in the house. I have attached a picture of the lightswitch for reference. I told her to check the air filter but it appears to be clean and the dirt keeps on coming back after a few days after cleaning it. Please let me know what the resolution is to fix the problems I have addressed and feel free to call me with questions. I have also attached a few photos of the issues I mentioned from above. Bonnie Moore Asset Reaity Group 206-949-7627 2 r `:� % �i 3 t_�.�., . � - . �� _ , 1i ' r f. �' � � �.'j�. . .t `� �. (��l M• - h i. t S �� .A �_� ,�l ��}4 F '. y1� y,�'. \_� ! r � #�3 � f.y'.� '��'� . �'s' - - _ 1�.{P � �,* � wi ` � � �� I�',,, •� , ��4 ,`c..c.� �� !` " l•� . f �� y. \ t'�� e `'��i '�, \��4 �� { ¢ !,• ` � .ie pr',n tqi o' ;�. I� {I� 1, . � . 1` . . ��5.s1�;, � y�,1�,w�� '� �' � , �� T. J��,�..� �» � � �..�T j� � � � F � � � � ]��.� � ^�' � 1� � V'r'v—�'�' � � , y � ; �___-- _.�____ __ — � � _ � ,�;;,s;.�w _ -.,�- :�.�- � , � „ � � � , - � ` � I n'Isb � . ;�c` t � }y ; , � � .u'. �' � 11.�� 1 1 . . . 4 y•� ;1Y.1� i, ��` + -r I ... 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L�:;, r c:� ti +• d,< •• ,. 1 7� . -� ,., �` y�".�,: } ,r :A � \ } !�. . ~r � - ' � i,��. ` �� - n7;. �p." � � , . � .��, �' ' � + . . � �i � .i. ,*': -X� ...F, � 1. ` . T . . • � . :a �;��1•l, � 'h / � , � . : �. .- f� � ,f / '} / �t` Eastpark Neighbors � Schley Boulevard Bremerton, WA 98310 Mayor Patty Lent Bremerton City Council 345 Sixth Street Bremerton, WA 98337 Mayor Lent and members of the City Council: The neighbors of Eastpark were drawn to the community for some common reasons: a walkable community where kids could play; ample green spaces and trees where neighbors could have barbecues and picnics; and a new, dense neighborhood in close proximity to a city that is revitalizing. Our hopes for progressing our neighborhood have all but been dashed by the current builder within the Eastpark Subarea. While some efforts have been made at times, Highmark Homes has become nearly stagnant in its responsibilities to maintain common areas within the subarea plan. Plants � and trees die due to neglect; brush in undeveloped areas has grown to levels that make it a fire hazard; common areas go unmowed and unwatered; and the sprinkler system � remains inoperable. They've even failed to apply the second lift of pavement within phase 1 of the development. Some residents have lived six years here on unfinished roads. The patience of Eastpark's residents has run out. We believe iYs time for Mayor Lent and the City Council to act. You can help your residents by doing three things: 1. COMPELL HIGHMARK TO COMPLETE THE INFRASTRUCTOR OF THE DEVELOPMENT OR PULL THE BOND Highmark Homes was required to put money down when investing in this community. Pull the bond and use that money to fulfill Highmark's duty to pave our streets and finish the community's sprinkler system. � 2. AID IN TRANSITIONING THE HOA TO THE HOMEOWNERS The homeowners of Eastpark are ready to take on the responsibility of managing their homeowners' association. We will uphold the responsibilities and values instilled in the subarea plan to make this community a great place. Highmark has withheld records from the homeowners and has, to this point, refused to transition the HOA to its residents. 3. NEGOTIATE A BUYER FOR THE EASTPARK SUBAREA PLAN It's clear by how Hlghmark constructed Phase 1 of Eastpark that they do not care to meet the standards of the neighbors or subarea plan. Thanks to their construction methods, some neighbors will have years of property damage that will make it difficult to install landscaping and do other tasks. We do not wish to see this same fate happen to future neighbors when this development grows to more than 400 homes. Thank you for your attention. , Sincerely, The Eastpark Neighbors Contact Information for Eastpark Residents and Attorney: Tyson Farley tvson.farley@�mail.com 360-701-6964 2512 Filbert Ave Bremerton WA Cheryl Lauve-Radabah cradabah@comcast.net � 360-813-1357 2303 Schley Blvd Bremerton WA Kenneth Bagwell, Attorney at Law 360-692-4888 9057 Washington Ave NW Silverdale WA From: Kitsap Public Health District <mediarelease@kitsappublichealth.org> Sent: Wednesday,June 03, 2015 4:39 PM Subject: Shellfish Harvesting Closure Area Expanded in Hood Canal Importance: High � KI�'SAP �U BLI�C �-�IEALTH DfSTR�CT MEDIA RELEASE FOR IMMEDIATE RELEASE June 3, 2015 Shellfish Harvesting Closure Area Expanded in Hood Canal All SheNfish Species Included in Closure due to Biotoxin Concentrations BREMERTON, WA—Kitsap Public Health District and the Washington State Department of Health have closed shellfish harvesting in the Hood Canal from Foulweather Bluff south to the Hood Canal Bridge including Port Gamble Bay, due to high levels of marine biotoxins that cause paralytic shellfish poisoning(PSP). Samples of clams collected on June 2 from Port Gamble Bay contained PSP toxin concentrations of 112 micrograms per 100 grams of shellfish tissue. Shorelines are closed to harvesting when toxin levels exceed 80 micrograms per 100 grams of tissue. Warning signs have been posted at public beaches alerting people not to collect shellfish from the closure areas. Existing shellfish closures remain in effect, including previously announced closures in the Hood Canal. All Kitsap County closures are listed on the Kitsap Public Health District Shellfish Harvestin�Advisorv Pa�e. This closure includes all recreational shellfish harvesting for all species of clams, oysters, and mussels. Shrimp and crab are not included in this closure, but crabs should be cleaned prior to cooking, and the "crab butter" should be discarded. Shellfish harvested commercially that are available in stores and restaurants are tested for toxins prior to distribution, and are safe to eat. It is very important that anyone planning to harvest or consume locally-harvested shellfish check the status of shellfish harvesting before consuming any shellfish. , Kitsap Public Health Resources: • Kitsap County Shellfish Hotline: 1-800-26E-WELL (1-800-223-9355) • Kitsap Public Health District Shellfish Advisory webpa�e • Si n-u for shellfish harvesting and other Kitsap Public Health District updates via email or text message. • Follow Kitsap Public Health District on Facebook. i t � T�.�.. � � �i ° _ ._.. ._. __ :-----__�..�--�_.__ � �� ' " �•"„ � I ,; � , ►, _- ___ , _ _ _ �_ __ �-. . :� . � � ; - _/ ,��r'��; � I � i � � . , - s ; �� % ' " '1M�!� ; � •� ,, _. , � � � � � �� U �a � ' �. � � ., � �� t , � _ I� . � . .... 1� }I � � i�, ,� � �� %� � � _-z. .� r �� , ,� r _ ,� ^r . � '� � + - . . ,�� = �`'-� ,�� +� , _. � � �, � � � �- _ , � � `�; ��. � � � , � � ' ,� ��/�� . 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Bags and weeds are supp lied. �Look for Lion/2 Flag and enjoy! . :: � . .,�,� _.. . ------- _._ -�----�- ----•----- --- y ��;.,' ------- ---- I �- � , _ �� I S a{ - .. •':#~.) .�.,. a �" �. �� J � �� 1. � ' �� _ _. F . _ �, ..t ��' +� . � �- �� '/�} , .� r � � . .� - AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: June 3, 2015 Department: Financial Services Presenter: Shannon Corin � Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: � 1) Check#'s 363673 through 363881 and EFT's 14949 through 14993 in the amount of $2,471,106.54. 2) Regular Payroll for the pay period ending May 15, 2015 in the amount of$7,653.60. 3) Retiree Payroll for the pay period ending May 31, 2015 in the amount of$53,881.35. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business � Public Hearing RECOMMENDED MOTION: - Move to approve the consent agenda as presented. COUNCIL AC710N: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 I ' AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Study Session Date: N/A May 20, 2015 COUNCIL MEETING Date: June 3, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on May 20, 2015. ATTACHMENTS: Meeting Minutes � FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑x 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 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, May 20, 2015 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, May 20, 2015, at 5:00 PM in Council Conference Room 603 of the NoRnn DicKs GovERNMENr CENTER, 345 6�h Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Also present were City Attorney Roger Lubovich; Legislative Assistant/Deputy City Clerk Lori Smith; and Information Services Manager Kevin Matthew. A CouNci�BRiEFirv� 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 Reverend David Malcom, Jr. of Ebenezer African Methodist Episcopal Church. MAYOR'S REPORT —Mayor Patty Lent... � Proclaimed May 23 through 25, 2015 as "Spirit of '45—Honoring Our WWII Veterans Days"; and urged residents to join in the special observance on Sunday, May 24 beginning at 8:00 PM at Miller Woodlawn Funeral Home; • Encouraged families interested in hosting an exchange student from Bremerton's Sister City Kure, Japan from July 24 through August 20 to contact Elaine Valencia at (360) 473-5266; • Stated that although a proclamation was not received on time, she acknowledged that May 18 through 25 is recognized as "Hip Hop Appreciation Week"•, • • Proclaimed May 25, 2015 in observance of "Memorial Day'; and asked that the community remember the fallen who had fought and died for our country; • Announced that the Annual Kitsap Harbor Festival will be this weekend on May 23 & 24 with activities in both downtown Bremerton and at the Port Orchard Marina; and • Was pleased the project has been completed to list the name of every Veteran of Foreign Wars from Kitsap County who was killed in action during the Viet Nam War will now be listed on the War Veteran's Memorial at Evergreen Rotary Park. BPD BRIEFING Police Captain Tom Wolfe provided a monthly update on police operations. Questions were asked by Runyon and Wheeler, with responses provided by Caatain Wolfe... PUBLIC RECOGNITION 206 Zulu, Local Chapter representative, thanked the City of Bremerton Council Members and Mayor for recognizing "Hip Hop Appreciation Week" and noted the 2015 Theme was "Character". Bob Abel, Olympic College Physics Professor, was pleased to announce that he will be bringing about 300 astronomers to the City of Bremerton as the host City for the Annual Astronomy Meeting from August 16 to 22; with evening events planned at Bremerton Seefilm Theater and the Planetarium; and daytime activity at Kiwanis soccer field. Several Council Members provided comments and suggestions;and thanked Mr. Abel for bringing this event to Bremerton... Shawn Gever expressed concern that he could not obtain police reports for a case that he would like to move forward on. Mayor Lent provided Mr. Geyer with a business card so that he can contact her directly for assistance with his issue... City Council Reg. Mtg. Minutes Wednesday, May 20, 2015 Page 2 of 5 CONSENT AGENDA 6A— Claims & Check Register: Check Numbers 363495 through 363672, and EFT-14898 through EFT-14948 in the amount of $2,393,736.37; and Regular Payroll for the pay period ending May 15, 2015 in the amount of $761,403.77. 6B— Minutes of Meeting — May 6, 2015 6C— Minutes of Study Session — May 13, 2015 6D— Purchase of two (2) Toro ProCore 648 Aerators from Western Equipment Distributors, Inc. for the Gold Mountain Golf Complex 6E— Professional Services Agreement with Templeton Horton Weibel PLLC for Litigation Services 6F— Professional Service Agreement with Lusignan Forestry, Inc. for Timber Harvest Management & Marketing Services 6G — Real Estate Purchase & Sale Agreement for property located at 646 Washington Avenue 06:08:46 Motion was made by Daugs and seconded by Sullivan... Questions were asked by Runyon on Item 6G...Point of Order was called by Davis since a consensus of the Council agreed at the Study Session to list these items under the Consent Agenda...President Wheeler responded that the Council currently has a `7iberal policy"that has allowed Council Members and the public to ask questions and provide comments on Consent Agenda Items; but offered his support to review these policies at the request of the full Council...Public Works Director Chal Martin established that this item was presented and thoroughly discussed at both the Public Works Commrttee and ; the Study Session, and once it was placed on the Consent Agenda, he believed that all quesfions had been answered, and therefore did not bring the supporting documents with him to the Council Meeting and so could not respond to Mr. Runyon's questions appropriately... 06:14:00 M/S/C (Daugs/Sullivan) Move to approve the CoNSENT A�EN�a as presented. Voted In Favor of Motion: Sullivan, Daugs, McDonald, Davis, Younger, and Wheeler Voted Opposed to Motion: Runyon Motion carried: 6-Yes; 1-No GENERAL BUSINESS 7A— KITSAP REGIONAL COORDINATING COUNCIL (KRCC1 INTERLOCAL AGREEMENT: President Wheeler introduced a proposed change to the City of Bremerton's participation on the Kitsap Regional Coordinating Council. Appointed Counsel Ken Baqwell stood by for questions. Mavor Pattv Lent clarified that the contract only allows for contract support and the vote structure was not changed. Citizen Comments were received from the following: Beverlv Kincaid stated that she has watched KRCC in action since its inception, and feels they have done a very good job on behalf of the City of Bremerton and the citizens... John Powers, KEDA Executive Direcfor summarized his comments from a letter he submitted earlier that also supported KRCC;and also read a statement into fhe record in support of KRCC as submitted by Leonard Forsman, Suquamish Tribe Chairman and KEDA Board Member... 06:29:35 Motion was made by Runyon and seconded by Daugs; Comments were made by Daugs; Questions were asked by Runyon with a response provided by Mr. Powers; Questions were asked by Younger with responses provided by President Wheeler and Mr. Baawell... City Council Reg. Mtg. Minutes Wednesday, May 20, 2015 Page 3 of 5 06:36:29 A-M/ (McDonald) Amending Motion to Table this item until the City can go through a mediation process. Amendment died due to the lack of a second... Additional questions were asked by Younger with responses provided by Mavor Lenf and Mr. Ba well... Clarification on the voting structure was asked by Davis with a response provided by President Wheeler... Comments in support of Council action to withdraw from KRCC were made by Sullivan... Questions were asked by McDonald, with responses provided by Mr. Baqwell and President Wheeler... Mr. Baawell clarified that during the next 6-months the City of Bremerton would remain a full voting member of KRCC, and would also participate in the upcoming KRCC Retreat that was scheduled for Tuesday, July 28(with the time still to be determined...) Council comments confinued by Wheeler and Runyon... Younger established the importance for the Council to provide a united front on this issue to send a strong message to the KRCC Execufive Board that they have the next 6-monfhs to address the voting structure... President Wheeler agreed and provided closing comments prior to the Council vote... 07:02:00 M/S/C/U (Runyon/Daugs) Move to withdraw the City of Bremerton from the Kitsap Regional Coordinating Council (KRCC) Interlocal Agreement and authorize the City Council President to send Notice to the KRCC Executive Board of the City's intent to withdraw. Such Notice shall provide that the City's withdrawal is to be effective 6-months from the date of the Notice sent by the Council President. Further the Council President is authorized to negotiate an earlier withdrawal date from KRCC. 7B—ORDINANCE NO. 5276 TO REPEAL CHAPTERS 11.08 AND 11.10 OF THE BREMERTON MUNICIPAL CODE (BMC); AND ADOPT A NEW CHAPTER 11.08 ENTITLED: "SIDEWALK AND STREET FRONTAGE": Chal Martin, Public Works & Utilities Director, explained that to further define the requirements and procedures to maintain sidewalks and other street frontage improvements as outlined in Chapter 35.69 of the Revised Code of Washington, Staff is proposing updated code provisions that relate to sidewalk and street frontage maintenance and improvements by repealing Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalks — Construction, Reconstruction and Repair;" repealing Chapter 11.10 of the Bremerton Municipal Code entitled "Sidewalks— Duties of Abutting Property Owners;" and adopting a new Chapter 11.08 entitled "Sidewalk and Street Frontage." The new ordinance envisions the City establishing a system to notify owners that repairs are needed, then providing a mechanism for the repairs to be completed. Property owners can make the repairs themselves with a City permit, or request the City make the repairs. The City mechanism to make the repairs is proposed to be an indefinite delivery contract with standard bid prices for sidewalk and driveway repair. If the City makes the repairs through its contractor, property owners would pay the City directly, and the funds would be deposited into the Sidewalk Abatement Fund (see below). If the property owner does not perform the repairs (or pay the City for the repairs), then the City Council may assess a lien on the property for the expense. A PowerPoint presentation was provided to show examples of the extent of existing commercial and residential sidewalk problems. Sherrill D. Rose hoped the City realizes that efforts are being made to address this issue. 07:18:20 Motion was made by Davis and seconded by Runyon; Questions were asked by Davis, with responses provided by Mr. Martin ...Comments were made by Runyon... Questions were asked by Younger with responses provided by Mr. Martin and Mr. Lubovich... Concerns were City Council Reg. Mtg. Minutes Wednesday, May 20, 2015 Page 4 of 5 expressed by Daugs... Mr. Martin addressed how this mechanism would work for lower and fixed income residents, by placing a lien on the property for money to be collected when the property is sold... Addrtional comments were made by Runyon and Younger...A question was asked by McDonald, and Wheeler expressed concerns about a Kitsap Sun article that appeared to set a policy for commercial properties...Mr. Martin provided a response and addressed the concerns... 07:44:05 M/S/C (Davis/Runyon) Move to approve Ordinance No. 5276 to Repeal Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalks— Construction and Repair;" repeal BMC Chapter 11.10 entitled "Sidewalks— Duties of Abutting Property Owners," and adopt a new chapter, Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalk and Street Frontage." Voted In Favor of Motion: McDonald, Davis, Runyon, Younger Voted Opposed to Motion: Sullivan, Daugs, Wheeler Motion carried: 4-Yes; 3-No 7C—CITY OF BREMERTON SPEED HUMP POLICY: Chal Martin, Public Works & Utilities Director, explained that this policy establishes a procedure for evaluating, prioritizing, and constructing speed humps for residential City streets, with the following proposed elements: 1) Initiation by a neighborhood petition signed by 70% of the residents; or a request by the Public Works Committee; 2) Technical review to ensure appropriateness; 3) Neighborhood pays 50%of the material expense (except Hanford Avenue); and 4) Speed hump installation requests will be batched for installation one time per year. There were no questions or comments from the public... 07:48:00 Motion was made by Daugs and seconded by Sullivan; Comments were made by Runyon, Davis;and questions were asked by Younger, with responses provided by Mr. Martin, Mavor Lent, and Mr. Lubovich... 07:54:00 M/S/C/U (Daugs/Sullivan) Move to approve the City of Bremerton Speed Hump Policy; and authorize the Mayor to finalize and execute the policy with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Rov Runvon announced that he will be the keynote speaker at the "Spirit of'45 Honoring Our World War ll Veterans" special event on Sunday, May 24 beginning at 8:00 PM at the Miller Woodlawn Funeral Home & Memorial Park that will feature live music, presentations, drill team, honor guards and fireworks; and also reported on the recent District 6 Community Meeting. Dino Davis established that the Lodging Tax Advisory Committee will be accepting applications until June 1, and encouraged non-profit organizations that support tourism through marketing or special events to visit the City's website for more information on how to apply. He also thanked everyone who participated in the Annual Armed Forces Festival Parade and related events. Jerrv McDonald provided more details about the Kitsap Harbor Festival; provided a briefing on his plans for another Seattle Concierge Tour; added that funding is still needed for Saturday night Rock the Dock concerts that will begin on July 4; announced that a Memorial Day event will be held on the Turner Joy; and reported that the arcade will be opening soon in the Rock-It location. Leslie Dauas shared that she is also financially vested in the Hanford speed humps; announced Haggen's was coming to East Bremerton with a grand opening planned for May 28 and was City Council Reg. Mtg. Minutes Wednesday, May 20, 2015 Page 5 of 5 pleased that all food items currently with Albertson brand labels will be donated to the Bremerton Foodbank; mentioned a few of the many upcoming events including the Kitsap Harbor Festival as well as Bremerton Farmers Markets at Evergreen Rotary Park on Thursdays and at the Bremerton Ferry Terminal on Sundays; and lastly, encouraged citizens to remember all those who have served our country, as well as the families who have lost loved ones who served. Mike Sullivan announced that the next "Adopt a Beach Program & Weed Pulling Part�' along the shore at Lions Park will be on Saturday, June 13 beginning at 10:00 AM. Greq Wheeler was pleased with the success of the Armed Forces Festival; and announced that volunteers are welcome for the next Kiwanis Park Work Party on May 23 from 9:00 to 11:00 AM. Council recessed at 8:09 PM for a 5-minufe break... EXECUTIVE SESSION 9A—20-MINUTES TO DISCUSS POTENTIAL LITIGATION UNDER RCW 42.30.110(1)(i) There were no comments from the public... 08:38:00 M/S/C/U (Davis/Runyon) Move to authorize the City Attorney to seek rescission among the parties to the May 23, 2005 settlement agreement related to the 2004 Comprehensive Plan appeal. Should it not be rescinded by the parties, then authorize the City Attorney to take legal action to void the agreement. With no further business, President Wheeler adjourned the Council Meeting at 8:40 PM. Prepared and Submitted by: � � LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:Is:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session - Study Session Date: N/A May 27, 2015 COUNCIL MEETING Date: June 3, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on May 27, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business O 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, May 27, 20i5 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, May 27, 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 June 3, 2015 Council Meeting Agenda; or as indicated. A. INFORMATION BRIEFING 1. Regional and Local Air Quality Issues—Craig Kenworthy, Executive Director of the Puget Sound Clean Air Agency (PSCAA) Information Only B. NO PRESENTATION PLANNED — The following items are budgeted items or subjecfs that have been raised with the appropriate Council Committee Members... 2. Acceptance of Drinking Water State Revolving Fund Loan Agreement with the Washington State Department of Commerce for the Flow Control and Seismic Valve Project Consent Agenda 3. Acceptance of Drinking Water State Revo�ving Fund Loan Agreement with the Washington State Department of Commerce for the Reservoir No. 4 Cover Replacement Project Consenf Agenda 4. Purchase and Installation of required Police Equipment by Systems for Public Safety, Inc. for five (5) 2015 Ford Interceptors Consent Agenda 5. Public Works Agreement with Lakeside Industries, Inc. for the Pervious Asphalt Parking Lot located at the Oyster Bay Public Works & Utility Facility Consent Agenda 6. Renewal of the Shelter Plus Care Agency Service Agreement with Agape Unlimited Consent Agenda 7. Resolution ratifying amendments to the Kitsap Countywide Planning Policies (CPP's) Consent Agenda 8. Appointment of CDBG Administrator at Rate 5, Pay Band 12 of Management, Professional, Confidential & Fiduciary Salary Plan 2015 With'Council Action Andrea Spencer, Director of Community Development, proposed to fill the soon to be vacant position of CDBG Administrator with Sarah Achaoui, a Bremerton resident who currently works as a Management Analyst for the US Department of Housing and Urban Development (HUD). Ms. Achaoui has familiarity with all HUD program requirements, rules and regufations. The Director has negotiated salary compensation with Ms. Achaoui and proposes making this appointment at Rate 5 of Pay Band 12. Pursuant to the appointment provisions contained in BMC 2.50.032(a) this appointment above Rate 1 requires City Council approval. City Council Study Session Minutes Wednesday, May 27, 2015 Page 2 of 2 Following a discussion by the Council Members, it was determined that the sooner Ms. Achaoui could submit a 2-week notice to her current employer, the sooner she could begin her employment with the City... Therefore, a consensus was reached to take action on this item tonight... There were no questions_or comments from the public... 05:48:00 M/S/C/U (Daugs/Sullivan) Move to approve the appointment of Sarah Achaoui as CDBG Administrator at Pay Band 12, Rate 5, of the Management, Professional, Confidential & Fiduciary Salary Plan 2015 C. BRIEFINGS AND FULL PRESENTATIONS 9. Professional Services Agreement with BERK Consulting to assist with the 2016 Comprehensive Plan Update General Business 10. Ordinance No. 5277 amending Ordinance No. 5266 relating to the City of Bremerton Fiscal Year 2015 Budget General Business D. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (5/21/15 Meeting) — Chair Leslie Daugs o Other General Council Business was briefly discussed. With no further business, President Wheeler adjourned the Council Study Session at 6:30 PM. Prepared and Submitted by: f , LO I 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: Acceptance of Drinking Water Study Session Date: May 27, 2015 State Revolving Fund Loan for the Flow COUNCIL MEETING Date: June 3, 2015 Control and Seismic Valve Project Department: Engineering Presenter: Ned Lever Phone: (360) 473-2398 SUMMARY: The City has been offered $1,010,000 (which includes a loan fee of$10,000) in the form of a DWSRF Loan for the Flow Control and Seismic Valve Project. The project includes installation of flow control valves at three separate sites to better control the distribution of water to East Bremerton, and allow isolation of the watermains in the event of a failure. The requested action before the City Council is approval of the DWSRF Loan and authorization for the Mayor to finalize and execute the loan agreement. ATTACHMENTS: 1) Council Summary; 2) DWSRF Loan Agreement#DM15-952-042 FISCAL IMPACTS (Include Budgeted Amount): These funds are necessary to maintain safe, quality drinking water. This loan will provide $1,010,000 (including a loan fee of$10,000) for the project. Utilizing these low-interest loans effectively reduces the cost of this important infrastructure, which will have an effective life far exceeding the 20 year payback period. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the DWSRF Loan agreement with the Washington State Department of Commerce with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 , COUNCIL SUMMARY � ~ � DRINKING WATER STATE REVOLVING FUND LOAN AGREEMENT FOR THE FLOW CONTROL AND SEISMIC VALVE PROJECT Summarv A portion of funding from the U.S. Environmental Protection Agency was made available for distribution through the Washington State Drinking Water State Revolving Fund Program (DWSRF). The project includes the installation of three globe style control valve assemblies on three individual transmission mains that cross the Port Washington Narrows between West Bremerton and East Bremerton. The valves will allow control of the flow into East Bremerton and result in improved turnover in the East Bremerton storage reservoirs. They will also serve as automated isolation valves in the event of a main break or seismic event. The funding offered is necessary for the Flow Control and Seismic Valve project to proceed. This project was advertised for bids in 2014, however, the bids were considered too high to award the contract. In response, the project scope has been modified to reduce costs and this DWSRF loan was obtained to ensure that adequate funding is available. Fiscal Summarv The funding offered through the DWSRF program is identified on the Declarations Page of the Loan Contract as follows: Loan Amount Project Including Fees Loan Fee Interest Rate Flow Control and Seismic Valve Project $1,010,000 $10,000 1.5% The interest rate for this loan may be reduced to 1% if the project is completed within 24 months of execution of this agreement. It is anticipated that the funding offered in the DWSRF Loan will to cover 100% of the estimated project costs. The current estimated I cost for design and construction is $1,000,000. All costs incurred which exceed $1,000,000 shall be funded by the Water Utility Fund. �:�o � � i ,4"'�..—_ _..._� �0`,. ; • J �"� i � �'' '• - [ . ��.e' � ��, �� v p � :� � � �EJ � � .Q . .�S �. ' � t� .1 r ,� � _ � f e `�' ' . r� i i /�� Washington State � � Public Works Board 1011 Plum Street SE � Post Office Box 42525 t Olympia,Washington 98504-2525 April 27, 2015 City of Bremerton 3027 Olympus Dr Bremerton, WA 98310 Attn: Mr. Bill Davis RE: Loan Contract Number: DM15-952-042 Dear Mr. Davis Enclosed are two originals of the Drinking Water State Revolving Fund Loan Contract Number identified above. The Loan Contract details the terms and conditions that will govern the agreement between us, which includes the projecYs Scope of Work and an Attorney's Certification as formal attachments. When you have obtained the appropriate signatures, please return both original contracts and all the attachments to the Public Works Board within 60 calendar davs of the date of this letter. Failure to return the contracts within this timeline may result in your loan offer being withdrawn. Please note that the U.S. Environmental Protection Agency is the funding source for this program and the Catalog of Federal Domestic Assistance (CFDA) number is 66.468. Consequently, the loan funds are federal and subject to both state and federal requirements. If the loan fee applies, the amount of the loan includes an amount sufficient to cover a one-percent loan administration fee. The fee will be collected at contract execution, and is non-refundable. Please review the terms and conditions of the Loan Contract carefully, as well as the attachments. A requirement of the DWSRF program is that you must maintain updated project records and yearly renewal of your registration in the System for Award Management at www.sam.gov. Another requirement of the DWSRF program is that all entities are required to verify that the federal government has not suspended or debarred them from receiving federal funds. This includes, but is not limited to, project contractors, subcontractors, engineers, architects, consultants, and equipment vendors. The Exclusion Report can be accessed at www.sam.gov. Failure to provide this required certification may result in termination of your loan contract. After the Loan Contracts have been signed by the Board or its designee, one fully executed original will be returned to you for your files. Instructions for drawing the loan funds will be returned to you with the executed Loan Contract, as well as the necessary forms. The Loan Contract specifies that draws may be made for costs that have been incurred, and which have supporting documentation such as receipts or bills. Administrative services provided by the Department of Commerce (360)725-3150 Fax (360)586-8440 www.pwb.wa.gov City of Bremerton DM15-952-042 April 27,2015 Page 2 We are looking forward to working with you over the course of this project. If you have any questions about this Loan Contract, please contact me. Sincerely, Jeff Hinckle Washington State Public Works Board (360) 725-3060 jeff.hinckle@commerce.wa.gov Enclosures: ATTACHMENT I: ATTORNEY'S CERTIFICATION ATTACHMENT II FEDERAL AND STATE REQUIREMENTS ATTACHMENT III DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS ATTACHMENT V DWSRF ELIGIBLE PROJECT COSTS ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENT ENTITIES �1 Washington State � 1 Public Works Board � 1011 Plum Street SE � Post Office Box 42525 � Olympia,Washington 98504-2525 Capital Agreement between: City of Bremerton and Public Works Board For: Project Name: Flow Control and Seismic Valve Project Loan Number: DM15-952-042 Loan Type: DWSRF NT Contract Start Date: Contract Execution Date ' De artment of Commerce P ' Innovation is in our nature. � Washington State Department of Commerce www.commerce.wa.gov Page i DECLARATIONS �--------------�--------------------..-----------..__---------------- --------------------------___ ------��---; ! CLIENT INFORMATION ____________` _._...__ _._^_� Legal Name: City of Bremerton Loan Number: DM15-952-042 Award Year: 2015 State Wide Vendor Number: SWV0000221-00 . ---------------�----�--------��------------�— -----------------=- -=-------- : ! PROJECT.INFORMATION_....------....------�---�-�---._..-----.....---�------�----�-�---��------��---....---._--�-------.-------�-�------�--_.__.__.._.---_� . -.... . ,. .._... _ ..... Project Title: -�'. - .-`� �� Flow Control and Seismic Valve Project Project City: �._ : ,Bremerton _ ,. ... . Project State: ,..::":•;".:' " ...-�"� .: �..- -.Washington �;.. Project Zip Code: ' , ' 98310 , `�.. �,, ' �/ _ ' - ' \`. . , .. .., .. ,. , , - ---.._..__. �_: --..._ _..__._• ._ .----.: [ LOAN INFORMATION --- --- --� ------ -----------�-----..._.__._... -- -- �-- �-- - — ---.. _. • , � - Loan Amount: :�,•� : 1,010,000.00.. �; L08f1 F8@(Included in loan.amount if.applicable)�' . . � 10,000.00 ..... � " � �•� Loan Forgiveness %`. � • 0"/0 - - _ ��, Loan Term:' ��---- -- � 20 years , • � .. � . ... �, �. . Interest Rate: . .. .. ... -- ' ,.1.50°/a � .. . � _ � , , Payment MontFi: _._ _. ...--._--. . - .-- ... ;' ;' ,-' October 1st �' � • . : \ , :� Earliest Dete for Construction Reimbursement; " 7/1I2014 ' � ' � Time,of Performance _._ ... - - � 48 months from Contract`execution d.ate�to Project i - , , �� . ' Completion date. ' . ' � ��, , , ; - _ � � , ' - , _ _ � — � �• � _—; . �� ' �. � — ,— _� i FUNDING INFORMATION -- ---- -- --- ---- ; - - � ; , , ; ; ; ; ; , : •, �, " , _ i ; , , , , ; . , _. , . , ,......._ Total Amount of.�Federal Award (as applicable)�'� [To be determined] � ��- ' ' ' ': Federal Award Date. �.. `,��.. [To be determined] , � Federal Award ID#(FAIN)_ ` '�.;-� . . [To be determined] .`,'� �. _ - Amount of Federal Funds Obligated by this action [To be.dete�mined];" --____.. _ .._.- Awarding Offcial `• - �. _[To be determined] ,... ,�� „ . . , - - , . .. , .. --- _ . . . , . . , . : . , _ . . , : , .. ; , `� --- ._. ._ . _ ._. .. �------------- ---�= =--' ---- ---- --�— ----- -.-: :---- �_--' _:----�--�-----.-- __` `-; •--= �SPECIAL TERMS AN.D CONDITIONS GOVERNING THIS LOAN AGREEM.ENT__ : :. , ; -. . r- -�- --�-- A final determination on'the eligibility`of ind'irect costs is pending from the�Environmental Profection Agency. Upon receipt of tFiat determination, Commerce will notify you of that decision and advise if indirect costs may be charged against tliis cont�act. � � ": "-�- : , ... ,. ----�—�--------= ----_ :�� ..-- ��..._... =-�• � ----�- -� --- (LOAN_SECURITY_CONDITION_GOVERNING THIS_LOAN AGREEMENT —' This loan is a revenue obligation�of the Contractor payable solely from the net"�evenue of the Water system. Payments shall be made from the net revenue.of the utility after the payment of the�principal and interest on any revenue bonds, notes,warrants or other obligatioris of the utility,having a lien on that net revenue. As used here, "net revenue" means gross revenue-minus expenses of_maintenance and operations. The Board grants the Contractor the right to issue future tionds and notes fhat constitute a lien and charge on net revenue superior to the lien and charge of this loan Contract. This option may be used only if the entire project is a domestic water,sanitary sewer, storm sewer, or solid waste utility project. Page ii DECLARATIONS (continu.e_d) Loan Number: DM15-952-042 Project Title: Flow Control and Seismic Valve Project Scope of Work: This project will install valves on a separate site and will require new piping or replacement piping installation, a valve vault,electrical vaults,electrical service,communications service,telemetry equipment,flow and pressure monitoring equipment, a control cabinet, SCADA programming and integration, isolation valves,and other necessa a urtenances. The ro'ect�includes�o matel r60 feet of 16 inch i in 30 feet of of 12 rY PP P J PP Y P�P� 9� inch piping, and 30 feet of 18 inch piping installation. The project will also include sidewalk removal and replacement, minor excavation and gradi�ng'.,Zl,ands ac ping""!�"an'd�traffi„rc, c�ontrol as necessary to install piping, conduits, and vaults,and final surface restoration for a completed project. � � � .. � � Page iii CONTRACTFACE SHEET Contract Number: DM15-952-042 Drinking Water State Revolving Fund (DWSRF) 2015 (Municipal) 1.Contractor 2. Contractor poing Business As(optional) City of Bremerton N/A. 3027 Olympus Dr - Bremerton, WA 98310 3.Contractor Representative . . 4:-Public.Works Board.Representative N/A N/A .. -- 5.Contract Amount 6:Furiding Source .�. - .. 7.Contract Start Date '��:. 8. Contract End Date 1,010,000.00 �"Federal: � State: �. Contract Execution.Date �October 1, 2034 Other: 0 N/A: 0 � 9. Federal Funds;(as applieable) , . Federal Agency " ` � •:.CFDA Numbec�" � N/A � � . ' EPA ;66.468 ` , , � , 10.Tax ID#%�• 11. SWV# ',;�.. ` . . �' 12. UBI#. i , �13,,DUNS# ` , ., . . _: N/A S1NV0000221.-00., �, � , ', _. _ - 556846970. . ' . 14. Contract Purpose � .._ � � , � � , � . The-purpose of this Contract is to-provide funding for.a project of a local government that furthers the'goals and. objectiv,es of.the Drinking 1Nater State Revolving-Fund Loan Program. The project will be-undertaken by the �� Contractor and will-include the activities described in the Declared Sco e of Work. � • • The Board,'defined as the Washington State Public Works Board, and Contractor acknowledge..and accept;the '; � te�ms of this Contract and.-attachments'and have executed this Contract`on the'date below to start;as of the�date �. and year last written below.The rights and obligations of both parties to this Contract are`governed by�this Contract and tHe.following other documents incorporated by reference: Contracto�Terms and Conditions�including ' ' ' Decla�ations Page;•Attachment;.I:�Attorney's Certification; Attachment II: Fede�al and State Requirements; ! ' Attachment III: Disadvantaged Bu�siness Eriterprise Requirements;Attachment IV:,,Certification.Regarding ; � ' ! Deb.arment, Suspension, and Other Responsibility Matters;Attachment V: DWSRF Eligible�Project Costs; a;nd �� ; Attachment•VI: LaborStandard Provisions.for Subreci ients that are Governmental Entities. ; FOR THE CONTRACTOR �� :';•' .'��., � ... FOR PUBLIC WORKS BOARD - �—- � %� � • ` , _ , . - Signature - - , ' ; , Stan.Finkelstein;.Public�Works�Board Chair _ , - - _.. .. .. . '� , . . �. . _. Print Name � Date . � , � � _ , , ; , , ._ . i -- .. . Title APPROVED AS TO FORM ONLY :� __._. This 10th Dav of April, 2015- � , . ... ,;. . Date : .:.::. �,... -Bob Ferguson .. . -� � Attorney.General � � Sipnature-on file � Kathryn Wyatt Assistant Attorne General City of Bremerton Page 1 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) /_ � � � � � City of Bremerton Page 2 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) � TABLE OF CONTENTS - - �- - � -- - --.. .. _ - -� - -._. . -- -- ----- - - ---- - _ _. .. - - ---- -- -�- . - -- . . _... --...... _., : CONTRACT TITLE PAGE i ; � ........ � - --- - . -�- -- - ---..... - - ..� - --. .. -� .... . .... ...... ...... ; CONTRACT DECLARATIONS ii � ; . . . _ .. --- -- ...... ............. ..... - ---...._._.._... .....- - --- - -� -- -. .... ... . . - - ' CONTRACT FACE SHEET 1 ; �---------...------. ..- ----......------...---- - -...__....------ -------.... __...._...._. . _ _ _--- - --------.. .-------- ; TABLE OF CONTENTS 3 ; Part 1 SPECIAL TERMS AND COND/TIONS -- - -...__.._...---- ----......__...._... ----�--� ---. _....._.... --- -- .. ..... _...... ..----- ---.... -- --- ------ - ---- -- - - - ---- -...- - -�-------- : ' 1.1. DEFINITIONS - -.._: 7 i - - - - -- :- ._.. :.--:- - --- -� ---� � - - - -... . - ---- - � ------ -------- - �. 1.2. AUTHORITY . � 7 ; _..--- --�------..._...--.. _ ..---...-- . --- --- --. .._._.._....._.._......-------- - -- --- ----- - --...._..- ---...--� - - - — , : 1.3. PURPOSE .. . ..- , ` -- -. _.. .- ---- 7 ' =-----_....---------._......----... .. _. ._..--- �-----� ,-------�-- •------.., ---,. . ..._.__...._._.__. _.----------- . ..---.._..---..__.._._: � 1.4. ORDER OF PRECIDENCE:.. , 7 __...----- ------------ --- .. . - - : ---. �:.---- ---= �----- �- -- _.. - -- - _ . ._, ._..__, .. - � 1.5. AMOUNTOF.LOAN, � ., `�., , �. `. •..... .. ;., ; , -- . - 8 ! --------.... .. . ... - -- - - ------ -• --..__ ....- ---- -- -- - ...._ . __..._ .. _ . �. -=. . �, � - ,. . .. , . - ; 1.6. LOAN FEE ' ;. .. �''., . . .. .. - 8 i � , . .-- --- -....- - ---....- -- -�--.... �.__ _. ,.- -- - .,.- - - - -� - - - - - ---� - � --- ---- -- --= - ;, 1.7. TERM OF LOAN�� 8 ; �---- ------._.. ..--- .._.._...._ .----�. ---,. .—._._..___ �_....-- ---� - - -. -- ,� �_... ..---....------ ' 1.8. RATE AND LOAN'FORGIVENESS . � . 8 '. �----- --...- ----._. ;... _---.._..-; --- � ---::.. . ,--- ---- --- .---- - ---. . ---... ,-----. ._...__..-_.. __...----..., ' 1.9. DISB.URSEWIENT OF LOAN PROCEEDS�i4ND REQUIRED DOCUMENTATION.. � , , � . 8 �- ------------------ -- , - - - ---- ----- - - - -----�-� - - --- ------ ...... j 1.10. , TIME OF PERFORMANCE " . 9 ; : - - . - -- - --� -�------� �, �_._..--- �-- - = . -._.. =-. .: - -� - =. - ; � 1.11. PROJECT..COMPLETION AMENDIVIENT'AND THE CERTIFIED PROJECT COMPLETION REPORT . 9 ; � - ,.. -- ..._ .. �----- ---- - -- - ---- ---- .-- -..._... -... _..--.. . .. _ _ _ - - •. -- -- _.-- -, - ' 1.12. ; REPAYMENT ,:� , . , �, . - .- -- ._. . -- �10 _.._. .._.. .__.- ,--� ------------------ �. ------- _--------- ----; --, �---� - � -- - ---- .; _ �- - ;.._. 1.13.; DEFAULT IN REPAYMENT ' . " . ; , 10 i �-- --� -- ---: ----... . ..._ ....----= = �-------..._----- -... __...-- -- -._ ._ _ - - r-- --- ---- - � 1.14.' LOAN SECURITY...-�-- ., : � • ' ' 10 , ; ' .......... . . ........ �---._ ----- -� -...._... .__ - -- --- - -.._ --, --- - -- -------- , , ; -- .. .. - -._.. _� - . . , :- ' 1.15. HISTORICALAND:CULTURAL_ARTIFACTS - _ '. . �. 10 ; -- - � - -- ---..: : - � .....--� - : �--, ... _....- -- - -- �-- -- � -��- ---._......... _ ._....._...a �.... ... - - ' 1.16.. FEDERAL`AND STATE REQUIREMENTS %� � � � 11 � ----- --._: __. _._. ..- ---- •- --� - -----------...------- -.._._.____ - �- -----...-----�---------- ; �-- ; 1.17.: COMPETITIVE BIDDING.REQUIREMENTS -� - ' , ' 11 ---- _- --._,.__._. .------ • --� =% - ----- -- . _....� .. _______"_'-__"-___'__.- �-.- .....___._ .......---_�� .� . ; 1.18. :, : ELIGIBLE PROJECT COSTS � . .. ... = ;',' - . .. ... � - -� 11 � , .__, ....----- -...- I ._..--------.-..-.--, •__.._. . ..--- ---._. _.....; . . , ---- -- ----�-----; _.. r-- ' 1.19. � PREVAILING WAGE ,; , :- ; '_ :;�' � � • 11 ; ,__..... .._ ---- . _.. .;--.... - --> •-- �--: - --- - - - --.. .. ------ - - - - - - ---�--- ; 1.20. FEDERAL EXCLUSION. ' .' , . , - -:. � - 12 � .. - - . ... ..... -� � = •----: - - .-....,. � -, _.. � �.-- - . - - -� - -._.... ; 1.21. REGISTRATION WITH.CENTRAL CONTRACTOR REGISTF2ATION (CCR) •• -. : ' _ _12 ; - _-. __. _.__...._ _ --- -�- �-- .-.----. ---�. : --. i 1.22. RECORDKEEP;ING-AND ACCESS TO�RECORDS � 12 ; ' -----.....-- ---- --. ...-----:....__.:. ..-_._...: �. . --- -..:.. _...._..---- ---- _ - - - -- --...._.�.._- - ---- ----- ---j , � ; 1.23. REPORTS �: . ' .'�: � ; ;. _ . , ---12 i ---- : �- - ---. ,...._._.... ... .. :- - --;. �---; '- �I - ----� - -- -----.... ..... . ---�--- --. _. . , �._. . . ;-. ......._.._...-- -- - �--, 1.24. AMENDMENTS, MODIFICATIONS,ASSIGNMENTS,AND WAIVERS '�, 13 ; ..-- -..._,.._- -._.....- -- �--� -- -: ... = � - �- - -..._. . . . . --- --. - -, •: ... ....... ..... .- - - --- - -- ' 1.25. TERMINATION FOR CAUSE ; ' `, �. _ . ' 13 i ,.- - - .... _ .. _.__......-� --- - �-. --- � �- -- . _. ....-------...... , ..- --- �. ... .... . . ... .............� --- ----�-�---........_. ' 1.26. TERMINATION FOR CONVENIENCE . - � ..�. � 13 ; ;__._....-----....._. ....----- . ...------- -'- ---------=-.... ---�---�-..--�..... ----- ----- -...------ --------------...-- ---- ' i 1.27. AUDIT � - " 73 ; :- -- -- -- - -....----- ... .----__._.: _..___....;...--.-------------- --------- --- - . . _. � -- ------ - - ---...._..-- --- - --._... - ----- ' 1.28. PROJECT SIGNS � - 14 i - _. _. - _.. - -- - --- ---- .._.... .. ... -..__.............. ......_: :... _.. .... ... - - --- .---=---- .. ;.._: - ----- .....- ----.._.. ---... . -- 1.29. DISADVANTAGED BUSINESS.ENTERPRISE REQUIREMENTS � . 14 ;- - - --- ---- ----- - ... �-- .........._._..- -... -- - - - - ._.......___...... _. .._ - - -- . . - - - ; -- ---.. . ..--... --- --- - ...... : 1.30. NONDISCRIMINATION PROVISION � 14 : .----- -------------� -------------_...---------...._.__.......-- - -..... .__._._.._..-------_ .._._..---�----�--.._...._------------ -------- ---- - - -, 1.31. PROHIBITION STATEMENT 15 ` - ---------.. .._. . ----------------------._. - ------ ------...----------�----- --�-----------.............--._ .._..__._..._, ; 1.32. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM 15 � �.._ _ ------------------... - --- -----�----- - - --. . ......-----�- -._..._... ----....---------.. .-- ----- -- -- ------ -----...--._. ...-- -.. � 1.33. LITIGATION 15 � - -- - -- -. . - - ....- -- - - -- --._. ...... . .... ... . .. .. � -------... ..--- -� ---.._. .- -- -- - -- • 1.34. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES 15 i :- - _..--.... - -- - . .. .. .... ... ...... .........- .._..._.._............--._...... .....-- �- ----- ---- -- - ----- -...__ .. __......_. ; 1.35. SPECIAL CONDITIONS 15 ' ---._.......-----------------------.._....---...--- ------- - ----- ------... ..------�------...-----.._,.----------- ----- ------ -------- ---� ' 1.36. INVESTMENT GRADE AUDIT 15 � City of Bremerton Page 3 DM15-952-042 4/27I2015 DWSRF NT Loan Contract(Municipal) _._._........------ --- ---� ------ ----------��------... -------- ---- ----- ----- --- ------- -------...... ---- - ------------ ------ ---- ---? ; 1.37. BUY AMERICAN 15 ; Part 2 GENERAL TERMS AND COND/TIONS ,_.__._...-------- - _--- . . ...__.... ...---. _. ------ -------._...- - - --- -----.. ....------ - ---- - ---- - --- - --- - �- ------- ---- ; 2.7. DEFINITIONS �� i ------- ----.........---- -- --- ------ - --- - ---- -----------------------...---._._. . ...---......- -----...- ----------- --- ---------� 2.2. ADMINISTRATIVE COST ALLOCATION 17 ; �----._.._...__..._....----.......-------------------- ----- ----- ------...-------- ---- --- -- -------- -----...------..._--------------, � 2.3. ALLOWABLE COSTS . - �7 _....._... ...._......_.. ..._. .---.....- -- --�- -- --- -- - - � - ---- --- ._.. ... , . -- -....... ._...... -------. ..... - - ... - � 2.4. ALL WRITINGS CONTAINED HEREIN 17 ` ; - .. _.._..... �- ---- ---.....- - - -- - -- -- ---- -- � ------ -- .. . _......-----� -- ... .... - -._....-- - --- . ... ' 2.5. AMENDMENTS � �� . _. ------ -- _..- - -- - -- ----�---- ....----.._ _..- -- - .._.: -:-- . -------- -� -----...------------_.-_...----, ------- AMERICANS WITH DISABILITIES ACT(ADA)OF 1990, PUBLIC LA1N 101-336, also referred to as the � 2.6. �, ,_, , . .. , 17 ; ; ADA"28 CFR Part 35 . , , � - , � - - �� ----...- -- - - --- .......-- - --- ---- - � � - -- ------ - �---- -�- - - - .......__...... . 2.7. APPROVAL - -_ '. �� ; _...... .. .. . ...--- ... ,-,' .:- -.. -- � .:---- .- - ._ _.._.. ... _, ..... -- - - - -_......._........- - .. ... ...._._.. _ ... ; 2.8. ASSIGNMENT:':: ' ' ' � . ` . - 18 i --..._._...__.._..__...----._._.._.�,= =_.--- =� �- i �--= �-----: •�. _.._- -- --- �----- - ------...-- ---- ------ = 2.9. ATTORNEYS'�FEES �� • 78 ! �------�--------�--------.•..._-----^ •---=� - -- ------. _.. _-. ..-----� - - - - ------- -- -.. ....------------- 2.10. AUDIT ;\ _ __ . - � : 18 ; . `--'--------------.-'-'_-- -� ..."-----� .' _: �''-...:., '-. ....------.... .--------.� r. .-'- ., � � - ---...-------- . . . � .-'._ - ..:. ..,_... ----.. .. CERTIFICATION. REGARDING DEBARMENT,-SUSPENSION OR INELI.GIBILITY AND VOLUNTARY ' � 2.11. 19 ; , ;_____ _EXCLUSION-PRIMARY AND LOWER TIER COVERED TRANSACTIONS -` , ;. ' - - --_-. . _._._._. ; 2.12. CODE REQUIREMENTS. , �.; ,,- - �... ... . -- -- - -- ----, ---� --19-i ..__� �_ .. - ;. ...... -- .... _ _.._. _--- �--�--• ,-....- ---- •----- - - �- -- - , ; 2.13. CONFIDENTIALITY/SAFEGUARDING..OF INFORMATION �' � � 19 ; - :�.... .... .... . . ... -� -----= ---- -...�- ----- �- - ---- - --- -...- --- . - - ..... ' 2.14. ' CONFORIVIANCE ' � - - ' .� . , �� 20 ; -.-____......_'_.__'._._ �._'..l ,- �.'.__i �. ._..'_".j �., !' '" _""'"'_ :_""..,...."'"� �.____'_' �__'"' r-� ...__"'� ` _ -� ' 2.15.' COPYRIGHT PROVISIONS ; ; � , ; :' � _ . 20 ; ;_._..---- ---- --- - ------....----- - --- _. ..-----._....._..---- . -- --- �--. -- �- , -. . ----- : �. ' 2.16.` DISALLOWED..COSTS � ' �--- - ------ . • . .. ; 20 � , : � ----- :--- -- • ----- ------ �-- =-._....... - - - --------------- - --- --. -. �-- - - - -- . -- ' 2.17. DISPUTES 1` ' . 20 . , : •, . , ............: . . � - : -. . �.. ---- -- -----...-� -- - ...a ..- � --�. . � , � - ' �- �--- .__ ; .. : , --. �... ..,. . :. :--- `.. 2.18: DUPLICATE PAYMENT• ', � � � � 21 , �-- - --- - -� :-- : -- �-� �= -�_• :-_ -_.. ._.. .... - - ----- -...------...; _ - - ---- __.._ _. _. ..... � . ....... ,� �.. , , ; � 2.19: ; ETHICS/CONFLICTS OF INTEREST.. - � 21 ` ..----= - -• --; ---=. -- - ----.. :....:.. . ... . . :.--------�--�------- ------- - - - --- - � 2.20. , ; GOVERNING�LAW.AND VENUE`•. � %� � ; 21 : �:---._.. �..._.. - - - �-- : -- --...._ __.. .: --- ---------------- ...- -- . ; , , �.-- --- ---.._._-------..... _ 2.21. ; INDEMNIFICATION , 21 ; . . �-='- --- -- --- ---- -- ---- - -- ---_ ----, -.------._... .._�� ,� �..: ,- _ t 2.22. � INDEPENDENT CAPACITY,OF THE CONTRACTOR " � ;- ;�-�' .------� 21 : -- - - - - : . ..._., ...- - -- =-= � � - -, -; � -- . --.-= i 2.23. INDIRECT COSTS ,..' .•.: ,.' .' . . •�' _ ._._.__.._.. ..- . ._ . _ . _ .. ---21 ; ;.-� -- -- - -._._�. ,_.. ... _.---� --� -�_.. `� __ ._ -_ - ,- --� - ^... .- -. � - , - . . . , ; 2.24. INDGSTRIAL INSURANCE COVERAGE - - ' 22 ; ----�- - -----....._�.._.._....-->�----- : __...-=-- - --�---- --- - :--_._._.... , ------- ---.__... ; 2.25. LAWS , . , - ----,, - �--- - - -- --- -_ . 22 ; ;_......._..---._.. _.. -- - --� --==• --=--� =-- ----��" �__;.: ----===-- - -- -- ---- -- ---._ ' 2.26. LICENSING,ACCREDITATION AND REGISTRATION , �.^ � 24 i . .- ---.._..--�- -- . ._-- --�- -----._..: ._.- = ....--..:. :.......: . ...- -- r - -- ...- ---� ----- - - - - - ----... ------- ..._... - : 2.27. LIMITATION,'OF AUTHORITY; ` . �. • � � 24 I .. -- � --- ---...._.. _.._. . ......, -- - -- - - -- -- --------- --- --- ��-- -- ---............. . , , . --� -� -- - - -� - , --- -�-� - -- -- . . � , , ; 2.28. LOCAL PUBLIC�TRANSPORTATION COORDINATION 24 i � - ..._......----- - _...... ..:. .. ...... . .... ..., - .-. ---.._..--......_..--- -` .=-----. -----... ----- _ --- - � - -----�---�- -....._.._� � 2.29. NONCOMPLIANCE WITH NONDISCRIMINATION-LAWS- 24 ; -�- --..... ....._.._._..._.- .- _ ---...._..._..---------...._._..__..._...-------- . .:------....... . _ . _. ---._..... ..--- - --- -._...-�--- ------.._...--- 2.30. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES 24 i ---------.—.... ..---- -.........---- -�- ---- -------=----.:._. .. -: ---- ---------..._..__..._. ., . ..-- --- -- .._.----------- ----- - ' 2.31. POLITICAL ACTIVITIES . � _ . 24 ; ; _..... .- - - ----... .. -----....._. . - -.. ........ .... - - - �- - -� ---._.._.._.._. ......---._... -. . ...---- - --- - ._ ......... -� ` 2.32. PREVAILING WAGE LAWS' ., . _:. - . 25 : � -- .......� - -----...._... --- - � ��-- ---=-. �--- - -.. _._......-._-:.,-�---=-- . . - - - ---- -- ---... .... - -......--- -- �----- - ------ -� --�-� 2.33. PROCUREMENT STANDARDS FOR.FEDERALLY FUNDED PROGRAMS 25 ; _......------- --- ------- - -------------- ------�---- -------=--�--• .. . -----------------�-----; ,.. - --- ._._...- ----...----.....- --- ! 2.34. PROHIBITION AGAINST PAYMENT OF BONUSES OR COMMISSION 25 ' � ---- - -----...---------._.....----- -....._-----.._..--------------......-- --- - - ---.._ .. -- -----.._..--- --- ---....-�--- - ----- ------ .._ .. � 2.35. PUBLICITY 26 ;- ---,- _ ... --- ---. ..- -------- - -- ---...- -----...... ------ -..........--.... -- -----.,....- --- ------- ------ ----- • ; 2.36. RECAPTURE 26 : - � _ . .. - --__.._._... .... ...----- - --._._... . ... - ._ ......._ ._ .._ ..._.. - ......_. .._.._..----- - - -- - - ---- - �---... . ----- --- - : � 2.37. RECORDS MAINTENANCE 26 ; �- -- -... ....- - - - - -.....- - - _ _... - -- - - ----- . ..--- - ----._. ....._......_..----__. ---.. ....-� ... . ............... . .... � 2.38. REGISTRATION WITH DEPARTMENT OF REVENUE 26 ' - -- - --..........------_....----- ------ ------ --�-�------------ --.....----- �--------._...----------._...----.._.... ---- ---------------------. . ' 2.39. RIGHT OF INSPECTION 26 City of Bremerton Page 4 DM15-952-042 4/27I2015 DWSRF NT Loan Contract(Municipal) -------------- - ------- -- - - - -.......... ...---- --------- ------ -- ------------��- - ---- --- -------------..._._........--- -----------------, i 2.40. SAVINGS 26 � r---�-�---------------- -------------�--�---�--��---...-�--- �--�----�-�-------�-�---�-�------�-- -- -------...._---------1 ; 2.41. SEVERABILITY 26 ; - -- -- --- --- ---- --..... - --�----......._. ..- - -- ------ ----- - - ....--- -- ----�-------- ---................ - - -�--�--------------- ------� ---- � 2.42. SUBCONTRACTING 26 ; � . . ............ ...._........--- --.. .....-----�- -----�- ----- ---.._._..--�-�-- --------- --- --- ------ -......._...._.........._.: �- ------ --------�--------�- , ; 2.43. SURVIVAL 27 ; �- - - - -- - -� � -.._.. ._ . . ...- - - - -- ------------�---- - --._............... -- ��------ � ------------ - ---- - ........ � 2.44. TAXES 27 ; �---- ----�- --- ---� ----........-- - -------------------- ----------------- ----- --- - ----- ----------�-------� '. 2.45. TERMINATION FOR CAUSE/SUSPENSION 27 ; �_.._..-- -----.._....------...- ----------------------- -- - ._..--- --....--�------------------ -- - ------...._.____._.: ! 2.46. TERMINATION FOR CONVENIENCE 27 ; _.----- - ---------------------- -� ------...__...--- ... _..--- -�---......_. -----�------...----- ---- ---- �--. ............ . .......... .--, ' 2.47. TERMINATION PROCEDURES 27 ; :-.._... - �--._.......-� �----------...-�-- ----� �---- ------------------._._..... .... .... ....._...- - -- - -...--------------------------�---� -- - � 2.48. WAIVER �� 27 ' I-------------------------------------- ----------- -----�----------------- -------� ---._...._., ! 2.49. WORK HOURS AND SAFETY S�TANDARDS� 28 ; �------------------------ ---------------- -- ----...- ----------------- --- ------= -------- -- - - -- -------- -- -- - - -- - - ---- - - ------ --._.._..----. _... ---- -- - -..._._... -- -- ; ATTACHMENT I ATTORNEY'S CERTIFICATION 29 ; �----- --- -------�-----------:�i�--- --... . ------ ---- ------ -._....._._._....._....-----------� ---- — - - ; ATTACHMENT II FEDERAL AND STATE REQUIREMENTS 31_! I . _. . . -� - � -�� _--. � "'elU� -�- -.... - -- - -- : ... _ ; , ATTACHMENT III DISADVANTAGED BUSINESS EN'iT�PRISE R�EQUIREMENTS 33 ! �.'__.....__.._._'____'_ __'.�.-_' '.." �____' .___.r.____ ."_'__._____._.___...--_' , �f.--—--�- -*---.-.- ..qw'-. CEF2TIFICATION REGARDING DEBARMENT, -S�tU�SPENSION,AND OTHER ! � ATTACHMENT IV '�+, �y 35 � � RESRONSIBILITY MATTERS �--------------- --- - - -- — -..._. _. , �� ,_ --� ---- -- --- ; ATTACHMENT V DWSRF�ELIGIBLE PR JECT COS�TS 37 � ��--------_......_..- --,-�� --'�r---- --+�--- �, ATTACHMENT VI��BOR STANDARD FROVISIONS FOR SUBREC•IPIENTS THAT ARE GOVERNMENTAL 39 ; ; ENTITIES � City of Bremerton Page 5 DM15-952-042 4/27I2015 DWSRF NT Loan Contract(Municipal) � � City of Bremerton Page 6 DM15-952-042 4/27I2015 DWSRF NT Loan Contract(Municipal) CONTRACT TERMS AND CONDITIONS DRINKING WATER STATE REVOLVING FUND NEW TRADITIONAL (MUNICIPAL) Part 1. SPECIAL TERMS AND CONDITIONS 1.1. DEFINITIONS As used throughout this Drinking Water State Revolving Fund.Loan Contract,the following terms shall have the meaning set forth below: A. AWARD YEAR shall mean the calendar year in which the funds were awa�ded to the Board for use in making loans under this program.' , ; B. "Board"shall mean the Washington State Public VVorks Board created in Revised Code of Washington (RCV� 43.155.030,.and who is a P.arty to the Contract. . � � - . , . C. "ContracY'shall.mean.this Drinking Wate�State Revolving Fund Loan. , D. "Contractor"shall mean the Local Government.identified on the Contract Face Sheet performing service(s) under this Contract and who is a Party to the Contract, and shall include all employees and agents of the �. .... Contractor.... - � E. The"Contract End Date"shall�mean�the date the contract expires. This date shatl occur in the final.year.of the LOAN TERM unless otherwise amended, as counted from the AWARD YEAR. ,.The actual date of contract execution shall have.no effect on tiie Contract End Date. . F. "Deferral Period"shall be from the date of contract execution until the date of project completion. `The.Deferral Per'iod shall not-exceed 4 years,in length. ' , , G. "Department of Commerce"and "Commerce"shall mean the Washington State Depaitment of Commerce.; ' H. ;"Department of Health"shall mean the Washington State Department of Health, Office of prinking,Water,who is the recipient•of 4he Drinking Wa4er State Revolving Fund grant and regulates drinking water systems in the ' . State of Washington. , " -� , . � . I. "Iron and steel products"are the following products made primarily of iron or steel: lined or unlined pipes and •., fittings, manhole covers arid other municipal castings,-hydrants;.tanks,flanges, pipe_clamps.and restraints, va,lves;structural steel, reinforced precast concrete, and construction materials: , ' J. PAYMENT MONTH shall mean the day and month_of the year in which payments.are due. • 1.2. AUTHORITY ' . . � Acting under,the authority of.RCW 70.119A.170 and RCW 43.155.040, the Board has awarded the Contractor a Drinking Water.State Revolving,Fund loan for an approved project. The Contractor will be a sub-recipient of funds provided by the United States Environmental P�otection Agency, CFDA Number.66.468, Title: Safe Drinking Water State Revolving Fund, award'year of this contract. - �- 1.3. PURPOSE . � -- ' The Board and the Contractor h�aye entered into this Contract to undertake.a.local project that furthers the goals and objectives of the Drinking Water State Revolving Fund Loan Program.�The project will be undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The project must be undertaken in accordance with the loan Program Special Terms and Conditions and all applicable federal, state and local laws and ordinances, including but not limited to those specifically enumerated in Attachment II: Federal and State Requirements,which by this reference are incorporated into this Contract as though set forth fully herein. 1.4. ORDER OF PRECIDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and State of Washington statutes and regulations. City of Bremerton Page 7 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) B. Special Terms and Conditions including attachments. C. General Terms and Conditions. 1.5. AMOUNT OF LOAN The Board, using funds appropriated from the Drinking Water Assistance Account, shall loan the Contractor a sum not to exceed the amount shown as LOAN AMOUNT on the attached Declarations Page. This loan amount includes a loan fee, if applicable,which is shown on the Declarations Page as LOAN FEE. 1.6. LOAN FEE If the loan fee applies, it will be assessed at loan execution. The amount of the loan fee(if applicable) represehts.:one percent(1%) of the loan request and shall not be reduced, regardless of the actual final loan.amount at project completion. If the�loan fee applies and the total loan amount is increased by amendment, an a.dditional loan fee equal..to one percent(1%) of the additional loan amount will be assessed at amendment.execution. The amount of.any loan fee will be.displayed on the Declarations Page as LOAN FEE. � . 1.7. TERM OF LOAN� " � � - Unless otherwise amended,the term of the loan shall not-exceed the period shown on�the Declarations Page as LOAN TERM: The term shall start in,the AWARD YEAR: Except as herein�provided, under no circumstahces shall the loan�repayment period ezceed 20 years from.the contract execution�date.� � ' . The loan term may be extended for a disadvantaged community up to 30 years, provided that a recipient completes loan repayment no later th'an 30 years after project completion�and the,term of the loan does not ezceed the�`: expected design life of the project. � 1.8. ,RATE AND LOAN FORGIVENESS :� , � �. The interest rate shall be the declared INTEREST RATE per annum on the outstanding principal balance; based on � a three hundred and sixty(360)day year composed of twelve(12)thirty(30);day months.,The amount of loan forgiveness (if applicable).shall be as stated on the attached Declarations Page, and identifed fherein as LOAN �. FORGIVENESS.%. .. • If project is.completed within 24 months of contract execution and includes the�basic interest rate,the inte�est rate will be decreased to one percent(1.0%).at project completion. Tlie calculation of interest rate will apply,to the . . remaining payments beginning from the date the Project Completion report is certified. , This loan forgiVeness shall be applied at project completion and shall apply to the lesser of the.loan amount.or the actual eligible costs arid that declared percent on ariy accrued interest. The percent of loan fo�giveness and interest rate shall not be changed, regardless of the;actual cost of the project.and the Affordability Index.at project, completion: � - 1.9. DISBURSEMENT OF LOAN�PROCEEDS AND REQUIRED DOCUMENTATION If funding or appropriation is not ayailable at the,time the..Contractor submits.a request for a.loan disbursement,the issuance of a warrant will be delayed or suspended until such time�funds become available. Therefore,subject to availability of funds,warrants shall be issued.to the Contractor for payment of allowable:expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE OF WORK. The loan funds will be disbursed to the Contractor as follows: � . Ten percent(10%) of loan proceeds will be held until project completion. The total Drinking Water State Revolving Fund Loan shall not exceed one hundred percent(100%) of the"actual eligible project costs. I When requesting reimbursement for costs incurred,the Contractor shall submit a signed and completed Invoice Voucher(Form A19), referencing the declared SCOPE OF WORK project activity perFormed, and any appropriate documentation such as bills, invoices, and receipts. The purchase of any land necessary and integral to the project must be included in the declared SCOPE OF WORK and be documented with an appraisal or other market valuation and a valid purchase and sale agreement. The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. City of Bremerton Page 8 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) Each A19 Reimbursement Voucher must be accompanied by a Project Status Report,which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a report of project status to date. The Department of Commerce (Commerce)will not release payment for any reimbursement request received until the Project Status Report is received.After approving the Voucher and the Project Status Report, Commerce shall promptly release funds to the Contractor. Construction expenses incurred after the date shown as EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT on the Declarations Page are eligible for reimbursement. Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor has met the following conditions: A. Issued a Notice to Proceed which follows the formal award of a construction contract; B. Completed the State Environmental Review Process; C. Complied with all provisions of Section 106 of the National Historic Preservation Act of 1966; D. Complied with Section 1.19: Prevailing Wage; E. Obtained approval from the Department of Health of the project report and related construction documents for all applicable activities described in the declared SCOPE OF WORK; and F. Complied with any other loan conditions required by Department of Health or The Board. An electronic copy(emailed PDF or a FAX) of a signed A19 Reimbursement Voucher and other required documentation is the preferred method for requesting reimbursement. Submit the electronic requests to your Contracts Administration Unit(CAU) representative or fax to 360-586-8440. This electronic submittal may be 25 pages or less. If you choose to send your vouchers and backup documentation electronically, please DO NOT mail in the original. You will receive email notification from your CAU representative that the electronic request has been received. Commerce will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices. Invoices may be submitted to Commerce not more often than monthly. Payment shall be considered timely if made by Commerce within thirty(30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. The Board may, at its sole discretion,withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Board. In the event that the Contractor receives reimbursement for costs that are later determined by the Board to be ineligible,these funds shall be repaid to the Drinking Water Assistance Account by payment to the Department of Commerce, or its successor,together with the submission of the Project Completion Amendment. At the time of project completion, the Contractor shall submit to the Board a Certified Project Completion Request certifying the total actual project costs, and a final voucher for the remaining eligible funds. The Certified Project Completion Request shall include a copy of the Construction Completion Report as submitted to Department of Health. 1.10. TIME OF PERFORMANCE The Contractor shall begin the activities identified within the declared SCOPE OF WORK no later than thirty(30) days after Contract execution. No later than eighteen(18)months after Contract execution,the Contractor shall issue a'Notice to Proceed',which follows the formal award of a construction contract. The Contractor must reach project completion within the period specified on the Declarations Page as TIME OF PERFORMANCE. Failure to meet Time of Performance within the time frame described in this section shall constitute default under this Contract, and as a result,this Contract may be terminated. In the event of extenuating circumstances,the Contractor may request, in writing, at least 90 days prior to the expiration of project completion date that the Board extend the deadline for project completion.The Board may extend the time of project completion. 1.11. PROJECT COMPLETION AMENDMENT AND THE CERTIFIED PROJECT COMPLETION REPORT The Contractor shall initiate a Project Completion Amendment by submitting a Certified Project Completion Report when activities identified in the declared SCOPE OF WORK are complete and the Contractor agrees that no additional eligible costs will be reimbursed. In the Project Completion Amendment, the Contractor will provide the following information to the Board: City of Bremerton Page 9 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) A. A certified statement of the actual dollar amounts spent,from all fund sources, in completing the project as described in the declared SCOPE OF WORK. B. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is pertormed. C. A copy of the Department of Health Construction Completion Report as submitted to Department of Health. D. Evidence documenting compliance with audit requirements as referenced in Section 1.27. E. A final voucher for the remaining eligible funds. . . __ The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount and term of the loan. . . 7.12. REPAYMENT .- - .. An assistance recipient begins annual repayment of the�loan no later,than one year after contract execution.The first repayment installment is due on the first day of the month shown as PAYMENT MONTH on the Declarations Page. Interest only will be charged for-this first payment if a draw is made prior to.tiiis date.All subsequent payments shall consist of pri.ncipal and accrued interest due that month;of each year during.the remaining term of the loan. Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum. Interest will begin to accrue from the date each payment is issued to the Contractor. The final payment shall�be on or before the completion of the.declared LOAN TERM, payable on or before..the declared-PAYMENT MONTH of an amount sufficient�to bring the loan balance to zero. - : , The Contractor has the right to repay the unpaid balance of the loan in.full at any time or make accelerated payments without penalty. The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order;or equivalent means made payable to the Washington State Department of.Commerce,or its successor. �: ' 1.13. DEFAULT IN REPAYMENT ' �Loan repayments,shall be made in accordance with Section 1.12 of this Contract. A,payment not received within thirty '(30)days of the due-date shall be declared delinquent. Delinquent payments shall be.assessed a monthly penalty beginning on the.first(15`)day past.the due date. The penalry will be one percent(1%)per month or twelve peccent (12%) per annum.of the,:delinquent payment amount. These same penalty.terms shall apply if the repayment of loan funds de4ermined to be ineligible costs are not repaid within thirty(30)days as provided for in Section 1:9. : . ' The Contractor acknowledges and agrees to the Board's_right; upon delinquency in the payment of any annual - installment;.to notify any other entity,.creditors, or potential creditors of the Contractor of such delinquency.�Contractor shall be responsible for all legal fees incurred by the Board in any action�undertaken to enforce its rights undee this section. ' . � . 1.14. LOAN SECURITY . � ' Loan Security may be.required as a pertorrrmance condition of this contract. If such pertormance condition is required it shall be indicated on the attached Declaratioris Page.and identified therein as LOAN•SECURITY CONDITION. � The Board grants the Contractor tfie right to issue future bonds and notes that constitute a lien and charge on the revenue source superior to the lien and.charge of this Loan Contract. Nothing in this section shall absolve the Contractor of its obligation to make loan�epayments when.due,�and to adjust.rates,fees, or surcharges, if necessary,to meet its obl'igations under this Contract. 1.15. HISTORICAL AND CULTURAL ARTIFACTS The Contractor acknowledges that the project funded by this Contract is subject to Section 706 of the National Historic Preservation Act of 1966. Contractor agrees that Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the State of Washington in relation to any claim related to such historical or cultural artifacts discovered,disturbed, or damaged as a result of Contractor's public works project funded under this Contract. City of Bremerton Page 10 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) The Contractor agrees that, in no case shall construction activities,ground disturbance, or excavation of any sort, begin until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of 1966,as amended. In addition,the Contractor shall not conduct or authorize destructive project planning activities before completing compliance with Section 106 of the National Historic Preservation Act of 1966, as amended. If historical or cultural artifacts are discovered during construction,the Contractor shall immediately stop construction and implement reasonable measures to protect the discovery site from further disturbance,take reasonable steps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned tribe's cultural staff or committee,Tribal Historical Preservation Officer(THPO), Cultural Resources Program Manager at Washington State Department of Health, and the State's Historical Preservation Officer(SHPO)at the Washington State Department of Archaeology and Historic Preservation(DAHR): If human remains are uncovered,the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately,then contact the concerned tribe's cultural staff oF committee and DAHP. The Contractor shall require the above proyisions to be contained in all contracts for work or services related to the declared SCOPE OF WORK. In no case shall construction activities begin until the Contractor has complied with all provisions of Section 106 of the Nationat Historic Preservation Act`of 1966. In addition to the requirements set forth in this Cont�act,the Contractor agrees,to corriply with Native American Graves Protection and Repatriation Act; Archaeological Resources Protection Act, Revised Code of Washington(RCV�27.44 regarding Indian G�av.es and Records; RCW 27.53 regarding Archaeological Sites..and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves;and Washington Adminis.trative Code(WAC)25- 48 regarding Archaeological Excavation and Removal Permits., 1.16. FEDERALAND.STATEREQUIREMENTS � , . - • The Contractor assures compliance with�all applicable federal, state and local laws, requirements;and ordinances as they�pertain to the design, implementation,and administration of the approved project, including:but noYlimited to�those listed,in Attachments II, III, and IV. � , � . ' 1.17. COMPETITIVE BIDDING REQUIREMENTS � ; ' ;Pursuant to 40 CFR;Section..33.501.(b) and (c), the Contractor also agrees to create and maintain a;bidders list for both Disadvantaged Business Enterprises (DBE)and Non-Disadvantaged Business Enterprises (non-DBE)..The purp.ose of a bidders list is to p�ovide the recipient and entities receiving identifed loans who conduct competitive bidding with as accurate a database as..possible about the universe of DBE and non-DBE prime and subcontractors. The list must:inctude all firms.that bid or quote on prime contracts or bid or quote.subcontracts on Environ.mental Protection Agency assisted projects, including both DBE and non-DBE. The bidders list must be kept at least until the grant p�oject period,has expired and the recipient is no longer receiving Environmental Protection Agency funding under the�grant.,For entities receiving identified loans,the bidders list must only be.kept until the project period for.the identified loan has ended. The following information must be.obtained.from all prime a.nd subcontractors:entity's name with point of contact; entiry's mailing address;telephone number, and e-mail address; the procurement on which the entity bid or quoted, and when; and,entity's status as a DBE or non-DBE. The Contractor.agrees to proyi.d.e Environmental Protection Agency Form 6100-2 DBE Subcontractor Participation and Environmental Protection Agency Form 6100-3 DBE-Subcontractor Rerformance to all its.Disadvantaged Business Enterprise subcontractors. �-- The Contractor shall require Disadva.ntaged Business Enterprise.provisions are contained in all contracts with any subcontractors for work or services related to the declared SCOPE OF WORK.. .- The Contractor shall comply with the�provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in.part with money from the Drinking VVater State.Revolving Fund program. � . 1.18. ELIGIBLE PROJECT COSTS � � " The Contractor assures compliance with Attachment V: DWSRF Eligible Project Costs,which identifies eligible costs for projects funded by Drinking Water State Revolving Fund loans. 1.19. PREVAILING WAGE These terms supersede the terms in Section 2.31. Prevailing Wage Laws in General Terms and Conditions. All contractors and subcontractors performing work on a construction project funded through this Contract shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: Cit of Bremerton Pa e 11 Y 9 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages"and"Affidavit of Wages Paid"as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for Board's review upon request; or, The Davis Bacon Act,40 USC 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates not less than those prevailing on similar construction in the localiry as determined by the Secretary of Labor. The Contractor agrees that the Contractor is legally and financially.responsible for compliance with the prevailing wage requirements. Contractor is advised to consult the United States Department of Labor and Washington State Department of Labor and Industries websites to determine the.federal and State prevailing wages that must be paid. The Contractor shall ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SGOPE OF WORK shall insert in full, in any contract,the labor standards provisions listed in Attachment VI:-Labor Standard Provisions for Subrecipients That Are Governmental Entities.Contractor shall report to the Board and/or the Department.of Health that this requirement has been met as stated in this Contract. � , 1.20. FEDERAL EXCLUSION _- . These Terms add to the terms in Section 2.11. Certification Regarding Debarment, Suspension or,lneligibility and Voluntary Exclusion=Primary,and Lower Tier Covered Transactions in General Terms and Conditions.Tlie Contractor also agrees to access the Federal Exclusion List at www.sam.gov and provide Federal Ex.clusion documentation to.the Board and to keep a copy on file with the Gontractor's project records. , `�,,`. 1.21. REGISTRATION WITIi CENTRAL CONTRACTOR REGISTRATION'(CCR)... � By signing this Contract,the Contractor accepts the requirements stated in 48 CFR 52.204-7,to`register with the; ` Central Contractor Registration�(CCR)database at the System for Awards Manaqement(SAM)website. To register in SAM,.a valid Data Universal Numbering System(DUNS) Number is required.The Contractor is responsi6le fo�the accuracy and completeness of the data within the SAM database and fo�any liability resulting�from the GovernmenYs reliance;on inaccurate or incomplete:�data.The Contractor must remain r:egistered in the SAM database afte�the�initial registration.The Contractor is required to review and update on an annual basis from the date of initial registration or �subsequent updates its information in,SAM to ensure it is current, accu�ate;and complete..The Contractor shall provide evidence,documenting registration and renewal of SAM registration to the Board. In the event of the.C.ontractor's noncompliance or refusal to comply with tlie requirement stated above,-the;Board reserves the right to suspend payment until the Contractorcu�es this noncomptiance. - . - - : 1.22. RECORDKEEPING AND ACCESS TO RECORDS=� � ' . These te�ms supe�sede the terms in Section 2.36. Records.Maintenance in General Terms and.Conditions. The Board,�the Board's agents;and duly authorized officials of the state and federal governments shall have full access and the right to.examine, copy,excerpt, or transcribe any pertinent documents, papers, records, and books of the Contractor and of persons,firms, or organizations with which the.Contractor may,contract, involving transactions related to this project and this Cont�act. _. � The Contractor agrees.to retain these records for a period.of six(6).years frbm.the date thatthe debt is retired. This includes but is not limited to financial reports. If any litigation;.claim or audit is started before the expiration of the six (6)year period,the records shall be retained until all.litigation,claims or audit findings involving the records have been resolved. - . 1.23. REPORTS .: The Contractor, at such times and on such forms as the Board may require, shall furnish the Board with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Contract including, but not limited to: A. Prevailing Wage decisions and/or changes B. Disadvantaged Business Enterprises utilization C. Project Status Reports with each Invoice Voucher D. Certified Project Completion Report at project completion (as described in Section 1.11) E. Other reports as the Board may require City of Bremerton Page 12 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) In the event of the Contractor's noncompliance or refusal to comply with the requirement stated above, the Board reserves the right to suspend payment until the Contractor cures this noncompliance. 1.24. AMENDMENTS, MODIFICATIONS,ASSIGNMENTS.AND WAIVERS Amendments, modifications, assignments, and waivers to any of the terms of this contract supersede those terms as found in the original contract. The Contractor may request an amendment of this Contract for the purpose of modifying the declared SCOPE OF WORK or for extending the time of performance as provided for in Section 1.10. Any revision to the SCOPE OF WORK or location of the project must be approved by the Department of Health. No modification or amendment resulting in an extension of time shall take effect until a request has been received and approved by the Board in accordance with Section 1.10. During the term of this/oan,any change in ownership of the water system(s)improved with funds received by the Contractor under this Contract must be approved in writing by the Board. As a condition of approval, the Board reserves the righf to demand payment in full of the outstanding principa/balance of the loan. No conditions or provisions of this Contract may be waived unless approved by the Board in writing. No waiver of any default or breach by any party shall be implied from any failure to take action upon such default or breach if the default of breach persists or repeats. 1.25. TERMINATION FOR CAUSE These terms supersede the terms in Section 2.44. Termination for Cause/Suspension in General Terms and Conditions. If the Board concludes that the Contractor has failed to comply with the terms and conditions of this Contract, or has failed to use the loan proceeds only for those activities identified in the declared SCOPE OF WORK, or has otherwise materially breached one or more of the covenants in this Contract,the Board may at any time, at its discretion, upon notice to the Contractor, terminate the Contract and/or its attached agreements in whole or in part and declare the entire remaining balance of the loan,together with any interest accrued, immediately due and payable in full. Such Notice of Termination for Cause shall be in writing, shall state the reason(s)for such termination, and shall specify the effective date of the termination. The effective date of the termination will be determined by the Board. Such notice shall inform the Contractor of the breach of the relevant covenant and shall allow the Contractor at least thirty(30) business days to cure such breach, if curable. The notice shall instruct the Contractor that, if the breach is not cured or cannot be cured within thirty(30) business days,the outstanding balance of the loan shall be due and payable. If this Contract is so terminated,the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. Nothing in this section shall affect the Contractor's obligations to immediately repay the unpaid balance of the loan as prescribed in the Washington Administrative Code(WAC)246-296-150. 1.26. TERMINATION FOR CONVENIENCE These terms supersede the terms in Section 2.45. Termination for Convenience in General Terms and Conditions. The Board may terminate this Contract in the event that federal or state funds are no longer available to the Board, or are not appropriated for the purpose of ineeting the Board's obligations under this Contract. The Board shall notify the Contractor in writing of its determination to terminate and the reason for such termination. The effective date of the termination will be determined by the Board. If this Contract is so terminated,the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. Nothing in this section shall affect Contractor's obligations to repay the unpaid balance of the loan. 1.27. AUDIT These terms supersede the terms in Section 2.10.Audit in General Terms and Conditions. The Board reserves the right to require an audit of this project. The Contractor is responsible for correcting any audit findings. The Contractor agrees to refund to the Board all disallowed costs resulting from the audit. Audit costs are allowable expenses within this Contract. Municipal and Not-For-Profit entities: Audits of the Contractor's project activities may be conducted by the State Auditor Office(SAO). Audit costs are eligible project costs. The Contractor shall maintain its records and accounts so as to facilitate the audit City of Bremerton Page 13 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) requirements of the Board or its successor. The Contractor is responsible for any audit findings incurred by its own organization. The Board reserves the right to recover from the Contractor all disallowed costs resulting from the audit. For audits of fiscal years beginning after December 26, 2014, Contractors expending $750,000 or more in any fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with 2 CFR§200.501 —Audit Requirements." For audits of fiscal years beginning prior to December 26, 2014, Contractors expending $500,000 or more in any fiscal year in federal funds from all sources, direct and_indirect, are required to have an audit conducted in accordance with existing Federal audit requirements. � , For-Profit entities: Audits must include a report on the internal.control �elated to the federal.program,which should describe the scope of testing of the internal-control�and the results of the-tesfs: The audit also must include a report,on compliance;which includes ari opinion (oc..disclaimer of opinion) on whether the auditee�complied�with laws, regulations and the provisions of the award agreement that could have a direct and material effect on,the federal program. �. . The Contracto�must send a copy of any required audit Reporting Package as described in existing Federal audit requirements for audits of fiscal years beginning prior to Decembe;r 26, 2014, or 2 CFR§200:512—Report Submission,for audits of fscal years beginning.after December 26, 2014, no later:than ni.ne(9) months after the . .. . . ,... . : end of tlie Contractoc's�fscal'year(sj to: , , . Departmenf of.Commerce `� - ATTN: Public Works.Board • _. .. , P;.O. Box-42525 ' , 1011 Plum Street SE - � ' , Olympia WA 98504-2525 ;� ; � ��I�n addition to sending"a copy.of the audiE,when applicable,the Contractor must.include: : , , � •' Correctiye action plan for audit findings within three(3) months of the audit:being received by the Board.` ■; Copy of the Management Letter. ' ' � , , . � 1.28. �.PROJECT SIGNS . � �' If the Contractor displays,'during the�period covered by this Contract, any'signs or markers identifying those entities participating fnancialty in the approved project,the sign oc marker must identify the Washington State Rublic Works Board:Drinking WaterState Revolving Fund and the Washington:State Department of Health as'participants in the project. .. �. . _-... .. ._ . � 1.29. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS... �. . '. As mandated by the EnVironmental Protection Agency, the Contracfor ag�ees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, M.inority,and Women's Business Enterprises in procurement under;this Contract.The Contractor,.is required to follow the requirements identified in Attachment III: Disadvantaged Business Enterp�ise Reguirements.' �. � � By signing this Cont�act,,the Cont�actor accepts the applicabte MBE/WBE fair share objectives/goals negotiated with Environmental Protection Agency..by the 1Na'shington 8tate�Office of Minority..and Women's Business Enterprises. The Contractor attests to the fact that it is purchasing the same orsimilar construction, supplies, services and equipment;�in.the same or.similar relevant geographic buying market as Washington State Office of Minority and Women's Business Enterprises:The goals for the utilization of disadvantaged businesses are stated in Attachment III: Disadvantaged Business Enterprise Requirements. ' The Contractor is required to furnish the Board and the Department of Health with such periodic reports as the Department may request pertaining to the utilization of disadvantaged businesses. 1.30. NONDISCRIMINATION PROVISION During the pertormance of this contract,the Contractor shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW,Washington's Law Against Discrimination, and 42 USC 12101 et seq, the Americans with Disabilities Act(ADA). Ciry of Bremerton Page 14 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) In the event of the Contractor's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy,this contract may be rescinded, canceled,or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. The Contractor must also include the following terms and conditions in contracts with all contractors, subcontractors, engineers,vendors, and any other entity for work or services listed in the declared SCOPE OF WORK: "The Contractor shall not discriminate on the basis.of.race, color, national origin or sex in the performance of this Contract.The Contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract." - 1.31. PROHIBITION STATEMENT.•` ' Pursuant to Section,106 of the Trafficliing Victims�Protection.Act of 2000, as amended;the Contractor's contractors, subcontractors, engineers, vendors,.and any other entity shall�complv with and include the followinq terms and conditions in•all contracts for work or services-listed in the declared SCOPE OF 1NORK: "All forms of trafficking in.persons, illegal sez trade, or forced labor practices are prohibited in�the performance of this award or subawards under the award,.or in any manner"during the period of`, time that the award is in effect. This�prohibition applies to you as the�ecipient,your employees, : � ` � subrecipients u.nder this.award, and subrecipients'employees." • , If any term of this section is violated;this contract may be terminated. , - � 1.32. :'FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM The Contractor warrants that the Contractor neither has submitted nor shall submit any information tFiat is.materially 'false;incorrect, o,r.incomplete to the;Board. � - ; The Contractor is advised that providing false,fictitious, or misleading information with resqect to the receipt a.nd ` disbursements of Environmental Protection Agency funds is basis for criminal, civil, or`administrative fines and/or , penalties. �. � : ; ' , . . ; . , , , , . . , , , . .. � , i 1.33. 'LITIGATION `, " � � The Contractor warrants that there is no threatened or pending:litigation;�investigation, or legal action before'any court; arbitrator, or administrative agency.that, if adversely determined;would have a.materially adv,erse.effect on the Contractor's ability to'repay:the loan. - . ". 1.34. ESTABLISH�MENT OF'ADEQUATE RATES AND RESERVES ' , The Contractor agrees:to provide a resolution adopting rate increases,.capital assessments, or both, for�the services of the system that shall;be sufficient to provide funds which, along with`o.ther.revenues of the system,will pay all operating expenses.and debt repayments during the term of the loan. In•addition,the Contractor shall create, fund, and maintain reserves.at�least as required by.the Water System Plan or Small Water System Management Plan.The Board reserves the right, at anytime, to request�proof of compliance of these requirements from the Contractor. � ' � � 1.35. SPECIAL CONDITIONS - " If SPECIAL CONDITIONS are Iisted on the Contract Declarations Page.then these conditions are herein incorporated as part of the terms and requirements of_this contract:.. - .-� - 1.36. INVESTMENT GRADE AUDIT � � For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public works facility for which energy efficiency is obtainable, Contractor must undertake an investment grade audit per ESHB 1497. Costs incurred as part of the investment grade audit are eligible project costs. 1.37. BUY AMERICAN None of the funds made available to the Contractor shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in Ciry of Bremerton Page 15 DM15-952-042 4127/2015 DWSRF NT Loan Contract(Municipal) the project are produced in the United States. This requirement applies to the entire project receiving a loan agreement executed after January 17, 2014. Buy American does not apply to a project if the Department of Health approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to January 17, 2014. Waiver of the Buy American requirement may be considered if: 1)compliance would be inconsistent with the public interest; or 2)the particular iron and steel products are not produced in the United States in sufficient and reasonably available quantities and/or the particular iron and steel products are not of a satisfactory quality; or 3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. For consideration, a request�for�a�.w.aiver must be submitted to the Environmental Protection Agency(EPA). Contractors shall submit thr e�wa ver request to~rC mm`erce,which will then submit the request to EPA. EPA will post the waiver request and any other information available to EPA concerning the waiver request, on EPA's public Internet website and allowifor informal public inputron the request for at least 15 days prior to making a finding based on the�que�'e"xfull text of the.Buy Americl a�n 'r'equirements appear at H.R. 3547, Consolidated Appropriations Act, 201*�� . � City of Bremerton Page 16 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) Part 2. GENERAL TERMS AND CONDITIONS 2.1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative"shall mean the Public Works Board Chair and/or the designee authorized in writing to act on the Chair's behalf. B. ""Board"shall mean the Washington State Public Works Board created in Revised Code of Washington (RCV� 43.155.030, and which is a Party to the Contract C. Contractor"shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. D. "Modified Total Direct Costs(MTDC"shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first$25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of$25,000. E. "Personal Information"shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health,finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State"shall mean the state of Washington. G. "Subcontractor"shall mean one not in the employment of the Contractor,who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms"subcontractor"and "subcontractors"mean subcontractor(s) in any tier. 2.2. ADMINISTRATIVE COST ALLOCATION Administrative costs that may be allowed are set forth in the Specific Terms and Conditions. Administrative services shared by other programs shall be assigned to this Contract based on an allocation plan that reflects allowable administrative costs that support services provided under each Contract administered by the Contractor. An approved current federal indirect cost rate may be applied up to the maximum administrative budget allowed. 2.3. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.4. ALL WRITINGS CONTAINED HEREIN ThiS Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 2.5. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.6. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990, PUBLIC LAW 701-336.ALSO REFERRED TO AS THE "ADA" 28 CFR PART 35 The Contractor must comply with the ADA,which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 2.7. APPROVAL This contract shall be subject to the written approval of the Board's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. City of Bremerton Page 17 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) 2.8. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Board. 2.9. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs. 2.10. AUDIT -�- A. General Re4uirements Contractors are to procure audit services based on..tfie following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also:maintain-auditable records.... The Contractor is.responsible for,any audit exceptions incurred by its own organization or that of its ;. ,. , . � , Subcontractors. ' , , , The Board:r.eserves.the right,to�recoJer from the Contractor all disallowed costs`resulting�from the audit. As applicable, Confractors required to have an audit-must ens.ure.the audits are performed irraccordance with Generally A`ccepted;Auditing Standards (GAAS);'Government Auditing Standards,(the,Revised.Yellow Book) developed by the Comptroller General. _ -.- _ � . Resporises to any unresolyed management findings and disallowed or�questioned costs shall be inclutled with the;audit report. The�Contractor must.respond,to the Board requests for,information or;corrective action`••. concerning audit issues within thirty(30)days of the date of request... ' '. `B. Federal Funds Requirements=OM6 Circular A-133 Audits of States. Local�Governments and Non=Profit r ' ;`Orqanizations - ' � - `` , _.. , � , � Grantees ezpending $750,000 or more in a fiscal year(that begins after December 26�, 2014) in federa�l funds from all sources, direct and indirect; are required to have an audit conducted in accordance�with 2'CFR Pait � � :200. For;fiscal years beginning,prior to December 26, 2014, Grantees'are required.to hav.e an audit conducted � �.i�n a�ccordance with Federal audit requirements.When state funds are`also to be paid under this'Agreement a �:ScFiedule of State Financial Assistance as well as the required,schedule of Federal Expenditure must,be ; included. Both schedules include:•. ' ; . ; . , _ ' - _ _. ; ; : , � Grantor agency name. ,.. ....... - � :� :�' - --- - . ..---- ' � , �-- - ( , ...�... _ Federal`agency ' � . ; ; . . , ...:� ... ... . . . .� ' Fede�al prog�am name:' ;- - '•. ` ' . _ Other identifying contract numbers , - - - � Catalog of Feder.al.Domestic Assistance(CFDA) number(if applicable) .. '� . � . Grantor contract number ; - . Total award arriount including;amendmerits;(total grant_award) `. ` . , Current year expenditures � � - If the Contractor is a state or local government entity;tFie Office of the State Auditor shall conduct the audit. Audits of non-profit organizations.are to be conducted by a certified public accountant selected by the Contractor in accordance with OMB Circular A-110"Uniform Administrative Requirements for Grants and Agreements with Institutions.of Higher Education,.Hospitals, and Other Non.-Profit Organizations." The Contractor shall include the a6ove audit requirements in any_subcontracts: � In any case, the Contractor's financial records must be available_for review by the Board. .... ..... .. . C. Documentation Reauirements � The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine(9) months after the end of the Contractor's fiscal year(s) by sending a scanned copy to auditreview(cDcommerce.wa.qov or by sending a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street PO Box 42525 Ciry of Bremerton Page 18 DM15-952-042 4/27I2015 DWSRF NT Loan Contract(Municipal) Olympia WA 98504-2525 In addition to sending a copy of the audit,when applicable, the Contractor must include: • Corrective action plan for audit findings within three(3) months of the audit being received by the Board. • Copy of the Management Letter. 2.11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Contractor,defined as the primary participant and it principals;�certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended, proposed for.debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:-. .�.. . 2. Have not within a three-year period pceceding this contract, beeri convicted of or had a civil judgment rendered agairist them for commission of fraud or.a criminal offense�in connection with obtaining, attempting to obtain,•,or performing a public or,private agreement or transaction; violation of Federal or State antitrust statutes or.commission of embezzlement,�theft,forgery, bribery.,falsification or destruction of records; making false statements,tax evasion; receiving stolen property,.making false,claims, or obstruction of justice; , � , , • � . 3. Are not�presently.indicted for�or�otherwise criminally or.civilly charged by a�governmental entity(federal, state, or local)with.commission�of any of.the offenses enumerated in paragrapti(1)(b) of this section; and, 4..' Have not within.a th�ee-year period preceding the signing.of this contract had one or m'ore public � •transactions(federal, state, or.local)terminated for cause of default..�" �. , B: Where the Contractor is unable.to certify to any of the statements in this contract,the Contractoi.shall attach an explanation to this contract. � , � C. The Contractor agrees�by signing this contract that it shall not knowingly.enter into any lower tier covered` � transaction witii a person who is debarred, suspended,declared ineligible, o�,voluntarily excluded from ; participation in this covered transaction, unless authorized by the Board.' - -` f , � ; , , . . ' •, ; ; �. -.. � ; : ' ; ", D. 'The Cont�actor furtheragrees by signing this contract that it will include the clause titled"Certification'Reg'arding ; . Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower:Tier Covered Transaction,"as follows; 'without�modification, in all lower tier covered transactions and in all solicitations for tower tier covered; ,' ''� : transactions:... ... � . :: . ' -`. . . ; .�., , ,... .. _.... .__.. .. . � :: ; .... . _ - - : _._.. . . . , ;•; . LOWER TIER COVERED TRANSACTIONS - , a) `�.,The..lower tier contractor.certifies, by signing this-contract that neitHer it.nor its principals is presently debarred,.suspended,.proposed for debarment, declared i.neligible;or voluntarily ezcluded frbm participation in.this transaction by any Federal department.or agency., ', , b) Where the lower tier.contractor is unable to certify to any of the statements in this contract, such contractor shall attach an explanation to this:contract. _ . . , E. The terms covered transaction, debarred, suspended;ineligible, lower tier covered transaction, person, primary covered transaction, principal,:and voluntarily excluded, as used,in this section, have the meanings set out in the Definitions and Coverage sections.of the.rules irimplementing ExecutiVe Order.12549. You may contact the Board for assistance�in:.ob.taining a copy of these regulations. 2.12. CODE REQUIREMENTS ;. .. _ _ " All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing,fire, energy and barrier-free.codes..Compliance with the Americans with Disabilities Act of 1990, 28 C.F.R. Part 35 will be required;as specified by the local building Department. 2.73. CONFIDENTIALITYISAFEGUARDING OF INFORMATION A. "Confidential Information"as used in this section includes: 1. All material provided to the Contractor by the Board that is designated as"confidential"by the Board; 2. All material produced by the Contractor that is designated as"confidential"by the Board; and Ciry of Bremerton Page 19 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information"includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number,driver's license number and other identifying numbers, and"Protected Health Information"under the federal Health Insurance Portability and Accountability Act of 1996(HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing,transfer, sale, or disclosure of Confidential Information.The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share,transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Board or as may be required by law.The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request,the Contractor shall provide the Board with its policies and procedures on confidentiality. The Board may require changes to such policies and procedures as they apply to this Contract whenever the Board reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Board. Upon request,the Contractor shall immediately return to the Board any Confidential Information that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify the Board within five (5)working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 2.14. CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 2.15. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire"as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the author of such Materials. In the event the Materials are not considered"works for hire"under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the moment of creation of such Materials. "Materials"means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs,films, tapes, and/or sound reproductions. "Ownership"includes the right to copyright, patent, register and the abiliry to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract,the Contractor hereby grants to the Board a nonexclusive, royalty-free, irrevocable license(with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perForm, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Board. The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide the Board with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to modiiy or remove any restrictive markings placed upon the Materials by the Contractor. 2.16. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 2.17. DISPUTES Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot be resolved by direct negotiation,either party may request a dispute hearing with the Director of the Board,who may designate a neutral person to decide the dispute. The request for a dispute hearing must: City of Bremerton Page 20 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and, • be mailed to the Director and the other party's (respondenYs) Contract Representative within three (3)working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five(5)working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days.The Director or designee may extend this.period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process.shall precede,any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of'a mutually acceptable alternate dispute resolution(ADR) method in addition to tfie dispute hearing procedure outlined above. �� 2.18. DUPLICATE PAYMENT. �. - " ', , The Contractor certifies that work to be performed under•this contract does not duplicate.any work to be charged against any other cont�act;�subcontract, or other source. _.. � , � - - - .. �. . : . , .- .: 2.19. ETHICSICONFLICTS.OF INTEREST - � ' � In perForming under this Contract, the Contractor shall assure compliance with the Ethics in Fublic Service�Act (Chapter 42:52 RCV�and any other.applicable state or federal law related to etfiics or.conflicfs of intere'st. �: . � , , 2.20. ;GOVERNING LAW AND VENUE . , � ' , . . ,; , This Contract shall be construed and interpreted in accordance with the laws of the state"of Washington,'and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. ;' : ; 2.21.� INDEMNIFICATION . -� .. . . � ; ,, `'�,To the fullest extent permitted,by law,the.Contractor shall indemnify;�defend, and hold harmless the state of ;';' ;Washington, the Board;all other agencies of the state and all office�s, agents,and employees of the state,'from and 'against all claims or damages for injuries to persons or property or death arising out of or incident to the� ' : Contractor's'performance or failure to perform the-Contract.- The Contractor's obligation fo.indemnify, defend;and hold harmless�includes any,.claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or.representatives. - , . � , The Contractor's obligation to,indemnify, defend, and hold_harmless shall not be eliminated by any actual,or alleged concurrent negligence,of the�state or its agents, agencies,employees and officers: � � , . . . , - Subcontracts`shall include a.comprehensive inderrinification clause holding harmless'the Contractor,the Board,the state of Washington, its officers, employees:and authorized agents. , ,: The Contractor waives its immunity under.Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, o�cers, agents or employees. ` . , -� .. . .. . 2.22. INDEPENDENT CAPACITY.OF THE CONTRACTOR .. The parties intend that an.independent contractor relationship will be.created"by this.Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the State of Washington or the Board. The Contractor will not hold itself out as or claim to be_an offcer or employee of the Board or of the State of Washington by reason hereof, nor will tlie Con.tractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 2.23. INDIRECT COSTS If statutorily allowed and if the Contractor chooses to charge Indirect under this grant,the Contractor shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC)will be used. Ciry of Bremerton Page 21 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) 2.24. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, The Board may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 2.25. LAWS - The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: United States Laws. Reaulations and Circulars (Federal) .- , - � A. Audits _.. ..... ...... ' ', -- , , Office of Managerrient and Budget(OMB).Revised Circular A'133"Audits of States;-Local Governments, and Non-Proft Organizations:". � . B. Environmental Protection and Review � . - - � � Coastal.Zone Managerrie.nt Act of 1972, 16 USC.§§1451-1464HUD's.implementing.regulations at 24 CFR parts 50 or 58, as appropriate. - ' ' - _ `�, Lead Based Paint Poisonirig.Prevention Act�,�42 USC 4821=4846 also 24 CFR 982:401(j). . � • National Environmental Policy Act of 1969,42,USC4321 et seq..and the,lmplementing Regulations of 24 CFR � - 58.(HUD) and 40 CFR 1500-1�508(Council on Environmental Quality) Residential Lead-Based Paint Hazard Reduction-Act of�1992,;42 USC 4851-4856. `. `` ' ,C. .Flood Plains _ .. , � � � ; Flood Disaster.Protection Act.of 1973,42 USC 4001-4128. � � D. �Lab'or and Safety Standards ' ' � . - � : � �All Rental Units�Assisted with Federal Funds Must Meet the Section 8 Housing Quality Standards (HQS) and ;Local�Housing Code'Requirements for the duration of the A,ffordability Period: , ....:- � �Convict.Labor; 18'USC 751, 752,\�4081,4082. , ; ' ' , , . , , ,. _ _. Davis Bacon Act,40 USC:276a-276a=5. - � - - Drug-Free�WorKplace Act;of 1988, 41 USC 70.1.et seq. . :� - . Fede�al Fair Labor-Standards:Act,29 USC 201 et seq: - � � Work�Hours and Safety Act of 1962, 40 U.SC,327-330 and Department bf L•abor Regulations, 29 CFR Part 5. Title IV of the Lead.Based.Paint.Poisoning Prevention Act, 42 USC 4831, 24 CFR Part 35.,. ,.' E. Laws against Discrimination � : , _ .. .. . . , � � , Age Discrimination Act of 1975,�Public Law 94-135, 42 USC 6101-07,45.CFR Part 90,Nondiscrimination in ... � . .. - - Federally Assisted Programs... , Americans with Disabilities.Act of 1990,.Public Caw 101.-336_. :-- Equal Employment Opportunity,.Executive Order 11246, as amended.by Executive Order 11375 and supplemented in U.S. Departmenf of.Labor Regulations,41 CFR Chapter�60. Executive Order 11246, as amended by EO 1.1375, 11478; 12086 and 12102. Fair Housing Act(42 USC 3601-19) and implementing regulations at 24 CFR part 100.Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8. Fair Housing, Title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42 USC 3601-19. Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503,29 USC 793. Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 USC 794. Minority Business Enterprises, Executive Order 11625, 15 USC 631. City of Bremerton Page 22 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) Minority Business Enterprise Development, Executive Order 12432,48 FR 32551. Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). Nondiscrimination in Benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352,42 USC 2002d et seq, 24 CFR Part 1. Nondiscrimination in Employment,Title VII of the Civil Rights Act of 1964, Public Law 88-352. Nondiscrimination in Federally Assisted Programs. Nondiscrimination in Federally Assisted-Construction Contracts,.Executive Order 11246,42 USC 2000e, as amended by Executive Order 11375,41 CFR Chapter 60. Section 3, Housing and Urban Development Act of-1968;..12 USC 1701 u (See 24 CFR 570.607(b)). F. Office of Management and.Budget Circulars - - - . Cost Principles for State;tocal:and Indian Tribal Governments, OMB�Circular.A-87, 2 CFR, Part 225. Cost Principles for Nonprofit Organizations,.OM6 Circular A-122, (if the Contracto�is a nonprofit organization). Grants and Coope�ative Agreements.with.State and Local Governments;OMB CircularA-102, (if the Contractor is a local government o�federally recognized.lndian tribal,government): ,: Uniform'Administrative Requirements for Grants.and�Other Agreements with I.nstitutions of Higher Education, Hospitals and Othe�Nonp�ofit�Organizations, OMB Circular A-11b..:� , . , . - G. Other ,; ..., •... �.. .. �. ` - - - .. - Anti=Kickback-Act, 18 USC:874;40 USC 276b, 276c; 41 USC.51-54. - ,. � H.R. 3547, Consolidated Appropriations Act, 2014. • � � � � ,Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1,Vol. 54, , . • ,No. 243\Wednesday, December,20, 1989. . � � . ; Hatch;Political.Activity Act, 5 USC 1501-8. ! ' �� ' Lobbying:and Disclosure,42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti-Lobbying:Amend'ment). 31 , i ; ;USC 1352 provides that Contractors who apply or bid for an award of$100,000 ormore must file.the � ; ' ,required certification. ;Each tier certifies to the tier above that it will not and has not used Federal-:� . appropriated.fuhds to pay any.person or organization for influencing or attempting to influence an officer or ; employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a , �`, member of Congress.in connection with obtaining any Federal contract,grant.or other.award covered by 31 � �USC 1352. Each tie�must disclose any lobbying with non=Federal funds that takes place in connection with `:. obfaining.any.Federal-awa�d. Such disclosures are�forwarded from tiec..to tier up to.the recipient. :'; . , . , ; : _._ . .. _ .. . Non=Supplanting Federal.Funds..� � . `� Section`8 Housing.Assistance Payments Program. - - . - H. Privacy ; � , _ � Privacy Act of.1974, 5 USC 522a. -- - ; �. �. I. Relocation � �. , � Uniform Relocatiori Assistance and Real P�operty Acquisition Policy Act of 1.970 and implementing regulations at 49 CFR part 24. �. � , Section 104(d) of the Housing arid Community Development Act of 1974 and the implementing regulations at _.. . _ . 24 CRF part 570. � . - _.. . . - ,.. .._: Washington State Laws and Requlations � - --..- - A. Affirmative Action, RCW 41.06.020 . B. Boards of Directors or Officers of Non-Profit Corporations—Liability- Limitations, RCW 4.24.264. C. Disclosure-Campaign Finances-Lobbying, Chapter 42.17 RCW. D. Discrimination-Human Rights Commission, Chapter 49.60 RCW. E. Ethics in Public Service, Chapter 42.52 RCW. F. Affordable Housing Program, Chapter 43.185 RCW G. Interlocal Cooperation Act, Chapter 39.34 RCW. City of Bremerton Page 23 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) H. Noise Control, Chapter 70.107 RCW. I. Office of Minoriry and Women's Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. J. Open Public Meetings act, Chapter 42.30 RCW. K. Prevailing Wages on Public Works, Chapter 39.12 RCW. L. Public Records Act, Chapter 42.56 RCW. M. Relocation Assistance-Real Property Acquisition Policy, Chapter 8.26 RCW. N. Shoreline Management Act of 1971, Chapter 90.58 RCW. O. State Budgeting,Accounting, and Reporting.System, Chapter 43.88 RCW. P. State Building Code, Chapter 19.27 RCW and Energy-Related Building Standards, Chapter 19.27A RCW, and Provisions in Buildings for Aged and.Handicapped Persons,._Chapter 70.92 RCW. Q. State Coastal Zone Management Frogram Section.309 Assessment and Strategy(Publication 01-06-003), Shorelands and Environmental Assistance.Program,Washington State Department of Ecology. R. State Environmental Policy,.Chapter 43.21C RCW. , - S. State Executive;Order 05-05,Archeological and Cultural�.Resources. � , , . ,. . , ,� . , 2.26. LICENSING.ACCREDITATION�AND REGISTRATION'I; �., The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requiremerits or,standards necessary' for the performance of this Contract. .� ;. . �•• � •�. • �. �, - -._.. . ....,. . , 2.27. LIMITATION OF AUTHORITY'. �.� ' ; � � •� , • , . Only the Authorized Representative or Authorized Representative's.designee.by writing (designation fo be made p�ior to action)shall have the express;implied, or apparent authority to alter; amend;modify, or waive any clause or condition.bf this Contract:- - - � `. ,, 2.28.:'LOCAL'PUBLIC TRANSPORTATION COORDINATION � Where applicable, Contractor shall participate in local public transportatiornforums and..implement strategies � ' designed to ensure access�to'services. , ` � : � , ; , _ .. . � 2.29.; NONCOM�PLIANCE.WITH NONDISCRIMINATION LAWS , - , . ;During the performance'of this Contra,ct, the Contractor shall comply with all federal, state, and local ' ; � '. nondiscrimination�laws,:regulations and,policies. In the event of the Contractor's non-compliance-or refusal to, comply with any nondiscrimination law;.regulation.or policy,:this contract may`be rescinded, canceled or�terminated in wliole or in part, and the�Contractor maybe declared-ineligible for further.contracts with the Board. TFie - Contractor'shall, however,.-be.given a reasonable time in_which to cure.this noncompliance.Any dispute may be . . . , resolved�in acco�dance:with the%'Disputes"procedu�e set forth herein, � � � � 2.30. NOTIFICATION OF TENANT RIGHTSIRESPONSIBILITIES . �" The Contractor shall provide all:tenants, if any,;with information�outlining,tenant.rights and responsibilities under the Washington State Landlord Tenant laws,Title 59„Revised Code of Washington: . The Contractor shall.also provide all.,occupants of property acquired with U.S. Department of Housing and Urban Development(HUD)funds notice regarding theireligibility for relocation.assistance. Such notices will be provided as required by the Uniform.Relocation Assistance and Real Property Acquisition Act;of 1970, as amended and referenced in 49 CFR part 24.and Section 104(d) of the Housing and Community"Development Act of 1974, as amended and referenced in 24 CFR.570 and noted in HUD's Handbook No.;1378.,Notifications will include but not be limited to: _. - � , _.. . ,.. • General Information Notice � .: __ • Notice of Displacement/Non-Displacement = � -- 2.31. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against batlot measures or for or against the candidacy of any person for public office. , City of Bremerton Page 24 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) 2.32. PREVAILING WAGE LAWS All contractors and subcontractors performing work on a construction project funded through this agreement shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages"and "A�davit of Wages Paid"as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board's review upon request; or The Davis Bacon Act,40 USC. 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the.Secretary of Labor. 2.33. PROCUREMENT STANDARDS FOR FEDERALLY.FUNDED PROGRAMS � A Contractor which is a local government or Indian.Tribal,government must establish procurement policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local.Governments, for all purchases funded by this Contract. " - � A Contractor which�is a nonprofit organizatibn shall.establish procurement�policies in accordance with OMB Circular A-110, Uniform Administrative Requirements for Grants.and Agreeme.nts with Nonprofit Agencies, for all purchases funded by.,this Contract.. � The Contractor's procurement system.should include'at least�the following:, -" � . '�� , 1. A code or standard of conducf that shall govern the performance of its,officers,employees, or agents engaged in the awarding of contracts using-federal funds." - ' , . . 2. Procedures that ensure all procurement t�ansactions shall be conducted iri a manner to provide;to the .. , maximum extent practical,-open and free competition. �, ; : '3. .�Minimum procedural requirements, as follows: ' - , 'a. �Follow a procedure to�assure the avoidance of purchasing unnecessary or duplicative items. : ! � , � b. 'Solicitations shall be based upon a clear and accurate description of�the technical requi�ements of the � ; � . procured items. , ; � ; �c. .Positive�efforts shall be made to use small and minority-owned businesses. ' ' .. �d. The type of procuring instrument(fixed price, cost reimbursement)shall be determined by the Contractor, � but must be appropriate for the,particular procurement and for promoting the.best interest of.the;program involved. _ . e. , Contracts shall be made only with reasonable.subcontractors who possess the potential ability to perform successfully under the terms and cbnditions of the proposed procurement. , , - f. Some form of price or cost analysis should be performed in cbnnection with`every procurement action. g. Procurement�records.and files for purchases shall include all,of the following: 1) Gontractor selection or rejection. ' , . 2) The.basis for the cost or price. � .._ � � � 3) Justification for lack of competitive bids if offers are not obtained. h. A system for contract administration to ensure.Contractor:conformance with terms, conditions and specifications of fhis Contract;and to ensure adequate and timely follow-up�of all purchases. 4. Contractor and Subcontracto�.must receive prior approval from the.Board for using funds from this Contract to enter into a sole source cbntract or a contract where only one bid or proposal is received when value of this contract is expected to exceed $5;000. � - Prior approval requests shall include a copy of proposed con4racts and any related procurement documents and justification for non-competitive procurement, if applicable. 2.34. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however,that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. City of Bremerton Page 25 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) 2.35. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Board's name is mentioned, or language used from which the connection with the state of Washington's or the Board's name may reasonably be inferred or implied,without the prior written consent of the Board . 2.36. RECAPTURE In the event that the Contractor fails to perForm this contract in accordance with state laws,federal laws, and/or the provisions of this contract,The Board reserves the right to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Board. In the alternative, The Board may recapture such funds from payments due under this contract. 2.37. RECORDS MAINTENANCE The Contractor shall maintain all books, records,documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which su�ciently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6)year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.38. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law,the Contractor shall complete registration with the Washington State Department of Revenue. 2.39. RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Board,the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 2.40. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, The Board may terminate the Contract under the "Termination for Convenience"clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 2.41. SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contact are declared to be severable. 2.42. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Board. If the Board approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause,the Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or(c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Board if the Subcontractor fails to comp�y with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the Board for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. City of Bremerton Page 26 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) 2.43. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.44. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 2.45. TERMINATION FOR CAUSE/SUSPENSION In event the Board determines that the Contractor failed to comply with any term or condition of this Contract, the Board may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall be deemed "for cause."Termination shall take effect on the date specified in the notice. In the alternative,the Board upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective-action time period, the Board may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow the Board to terminate the Contract upon written notice to the Contractor. "Termination for Cause"shall be deemed a "Termination for Convenience"when the Board determines that the Contractor did not fail to comply with the terms of the Contract or when the Board determines the failure was not caused by the Contractor's actions or negligence. If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract(i.e., competitive bidding, mailing, advertising, and staff time). 2.46. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, the Board may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated,the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.47. TERMINATION PROCEDURES After receipt of a notice of termination,except as otherwise directed by the Board,the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, senrices, or facilities related to the Contract; C. Assign to the Board all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Board has the right, at its discretion,to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Board; and D. Preserve and transfer any materials, contract deliverables and/or the Board property in the Contractor's possession as directed by the Board. Upon termination of the Contract,the Board shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Board may withhold any amount due as the Board reasonably determines is necessary to protect the Board against potential loss or liability resulting from the termination. The Board shall pay any withheld amount to the Contractor if the Board later determines that loss or liability will not occur. The rights and remedies of the Board under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 2.48. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Board. City of Bremerton Page 27 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) 2.49. WORK HOURS AND SAFETY STANDARDS The Contract Work Hours and Safety Standards Act(40 USC 327-333)-Where applicable, all contracts awarded by recipients in excess of$100,000 for construction and other purposes that involve the employment of inechanics or laborers must include a provision for compliance with Section 102 and 107 of the Contract Work Hours Safety Standards Act(40 USC 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each subcontractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than..1 '/z times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic is required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply.to the purchases of:supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. ; ' - _ . � ; . � , - .. .. ._ .__. .. ; ` ; . `� . - - � - -- _ .. . . _„ �. ; .. , _... .. . ..., : � .._._... . . ,- ., . , _ . , , � � � . � , � . . . . ,. , , . , , . ..--- --. , , , ; , , _ .. , . . ; : , . ; i : ' , `•, i ' � i ,, , _.. , � ; , � , , . i � ., , ,� I , 1`i ' , �, i , � . , . , . _ , _..: : , .. _ �- : • , , . � . , . . �.. . _ ..... . . .. ,i . . �. . . , . . . . : .� : . . . . . . � ... ...._... � .. .. .. , _ .., i; '� : • . ..._. -..... . . . , . . , .._. ' , � . . " �--' ' . . ` .. : .� ;: . _, � , , ' � .. • . • �. . .. ' . � � �. � ... .....-- . �; . . . .. . City of Bremerton Page 28 DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) ATTACHMENT I: ATTORNEY'S CERTIFICATION DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) City of Bremerton DM15-952-042 . . _ - . - I, �;hereby certify:.� ,, I am an attorney at law,admitted to practice in the State of Washington'and the,duly appointed attorney of the Contractor identified on the Declarations Page of the Contract identified.above;and ., `�. I have also examined any and all.documents and records;which are pertinent.to the.Contract; including the application requesting this,financial'assistance. . � . . , �. , �. , , .... . , . , , ,, _ .. ' :� , ; , . ' � , � - • Based on the foregoing; it is my opinion that: _, ' � ' � - , . - , . .. , : , . . _. . _. - . � � 1. The Contractor is.a public body, properly�constituted and operating..under the laws of the State`of �. Washington, empowered to receive and expend federal, state.and�local funds, to contract with the State of Wash'ington;and to receive and expend the funds involved to accomplish the objectives set forth,in their application.: . _ � � .. . `�; , � , � 2. The Contractor�is-empowered to accept the Drinking Water State Revolving Fund;fnancial a'ssistance and to;provide for repayment of the loan as set forth in the Ioan agreement.i � ' ; � � ', ,._ ' �, � - .. . ... � � 3. There�is currently,no litigation in eicistence seeking to enjoin the"commencement or completion of fhe� : above,=described public facilities project or to enjoin the Contractor from �epaying the Drinking Wafer,State Revolving Fund loan extended by the Public Works Board with,respect to such-project. The Contractor is not a party to litigation, which will materially affect its ability.to�repay such loan on the terms,contained in the loan',agreemenf. ..�" .. � ,. ' � . _-._ . .. , 4. Assumption�of this obligation would not exceed.:statutory and,administrative rule debt limitations applicable to the Contractor. - , � - � - `, � . .... • - ; ; � . _ � ---- .. . ' �, Signature of Attorney ' ' � . . ,. . _ Date-- -� - Name ,. •.. - � :- - Address - City of Bremerton Page 29 Attachment I:Attorney's Certification DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) � - - - -- :- . ; . __._....... _. `. , . , , . _ ; '. ;' , '�� ' � .. _.._ , ,� , - .____ _._... ,: �, ; � _ �� i . . . . . , . , ; : . . ., . . _-- . � _. , . . . , , . � _ .. _ . , - � � ` - .... • . . . . � . , ., . .� : , ,.. . , _ , . .l '; .. .: , , .. . . . ....._.._ . ; � .. . � , , . , ,: _.. _.. . . _ . _ . , ; - , ,.•,•', , , _ , . _.._..._..- .._....- --� ' , , ,, " " ' ;' , •..; ' ' -- , � �; i' , - --......... � , • , , � � , . � 1 • . !� , ' � : ; � i ' ' � � : i f i i ; . ' � 4 � . ' :. � ' . � . , I ;� ., , '- .... • ' � � � : i : ' � ..._... ' �� i �,' , i� ` ; i . � . . . i �'. . ; ; I) � : � - � � � �• , . . � '. �� , . � , .' � i � �� . 1 �. '. _.... i . ' �. ' ' . � . � � . � . � . � ` '' . � � i ., � , . • . • : I ' . \ ... - - I.'. .' � ' , . �. . , r �._""'"'.."_'"_'_ . � ,. . � . . . ,_ : ,. � • . �� . .. . . ' ' _ _ ' r . . � '. . . i . : � . . "' " ��. �.� . �, : .� : ' `... '.. _ ......_... . _...... .. � j': ,, . .. ,, � `i • :" - - . � r . . . - - - ---........ .. \.• �..... ,. , , , ; . : , . , , , ;' _.�_ � �'� _. , _. ' _ `,. ' - _ . � . . r" - , `'� , � �--....,- . ' . . � .. . �l . . • . . �'� , . . . . . . . . ...: ' , � •. � : „"_-... . , . . . . . .. ' ' . , �.\ . � ; � .� ..,_. -'' _ . ., ; . . ... _... � .` __._._ . '_" . , i , ... , .. ., i �, '. __'�. � . '.. � � : �.. " ...._. ..._�' ..--� . . . ..... . . i City of Bremerton Page 30 Attachment I:Attorney's Certification DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS 1) Environmental Authorities a) Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended b) Clean Air Act, Public Law 84-159 as amended c) Coastal Zone Management Act, Public Law 92-583 as amended d) Endangered Species Act, Public Law 93-205 as amended e) Environmental Justice, Executive Order 12898 � Floodplain Management, Executive Order..11988 as amended.by Executive Order 12148 g) Protection of Wetlands, Executive Order 11990 h) Farmland Protection Policy Act, Public Law 97=98_ �. --- � � i) Fish and Wildlife Coordination Act, Public Law85-624 as amended � j) National Historic Preservation"Act of 1966, Public Law 89=665 as amended .- � k) Safe Drinking Water Act,'Public Law 93=523 as amended I) Wild and Scenic Rivers Act, Public Law 90-542 as amended � 2) Economic and Miscellaneous�Authorities ' � a) Demonstration Cities and Metropolitan.Development Act of 1996, Public•Law 89-754 as amended, Executive Order 12372� - - - • ; b) Procurement Prohibitions.under Section 306 of the Clean air Act and Section 508 of tFie Clean Water Act, including Executive Order�1�1738;Administration of the Clean Air Act and the Federal Water Pollution Control Ac with Respect to.Federal Contracts, Grants, or L'oans_.. . . c) Uniform Relocation and Real Property Policies Act, Public Law.91-646 as amended ,• �, . d) : Debarment and Suspehsion, Executive.O�der 12549 , � . . , e): H.R, 3547, Consolidated Appropriations Act, 2014. .. . � - . , 3) Social Po.licy Authorities a) Age Discrimination Act-of;1975, P.ublic Law 94-135 , ' ; b : Title VI of the�Civil Ri hts Act of 1964; Public Law 88-352 ) 9 c); Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law-92-500(the:Clean Water Act) , - , _ d); Section 504.of,the Rehabilitation..Act of.1973, Public Law 93-112 (iricluding Executive Orders 11914'and�11250) e) : Equal Employment Opportunity, Executive Order 11246 - � � ! � fl, DisadVantaged Business Enterprise;�Public_Law 101-549 (the Clean.Air Act), and Public Law 102-389�(the Clean , : Water Act) .... - , . ._._ - - g) �Section 129.of the SmaII Bu"siness Administration Reauthorization and Amendment Act of 1988, Public Law 100- 590. , - . � . , 4) State Laws� • . , � � a) Chapte�.36.70A RCW,-Growth Management Act � � �- b) Chapter 39.80 RGW;Contracts fo�Architectural.arid�Engineering Services . • . c) Chapter 39..12 RCW,Washington�State�Publi,c Works Act_ � � � d) Chapter 43.20 RCW, State Boa�d'of Health `. � - e) Chapter 43.70 RCW, Department of Health. - �. . .. ._ - . ,.. � � Chapter 43.155 RCW, Public Works Project � - - � - • g) Chapter 70.116 RCW,.Public Water Systems Coordination Act.of 1977. h) Chapter 70.119 RCW, Public..Water�Supply Systems Certification and Regulation of Operations i) Chapter 70.119A RCW, Public Water Systems, Penalties&Compliances; - ' Cha ter 246-290 WAC, Grou A Public.Water S stems --�� " J) P P.... Y..._. ... .. . k) Chapter 246-291 WAC, Group B�.Public Water Systems - � I) Chapter 246-292 WAC,Waterworks Operator Certification Regulations m) Chapter 246-293 WAC,Water Systems Coordination Act " n) Chapter 246-294 WAC, Drinking Water Operating Permits o) Chapter 246-295 WAC, Satellite System Management Agencies p) Chapter 246-296 WAC Drinking Water State Revolving Fund Loan Program q) Chapter 173-160 WAC, Minimum Standards for Construction&Maintenance of Wells r) Title 173 WAC, Department of Ecology Rules s) Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations(Section Adopted by Reference) City of Bremerton Page 31 Attachment II: Federal and State Requirements DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) „�C.'�`�''�'`��”��i°"�_,. � :�r •" � � '�: , `'�a:. � � M � ��i �. . . _ M.: �Y Syif�'1R.:%e'�. ��y— �.n _ '\> 'ry�,�eG'�•�� I City of Bremerton Page 32 Attachment II: Federal and State Requirements DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) � ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE � REQUIREMENTS GENERAL COMPLIANCE,40 CFR, Part 33 The Contractor agrees to comply with the requirements of Environmental Protection Agency's Program for Utilization of SmaII, Minoriry and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES,40 CFR, Part 33,Subpart D The following are exemptions from the fair share objective Requirements: . _ • Grant and loan recipients receiving a total.of$250K-or less in EPA financial assistance in a given fiscal year. • Tribal recipients of Performance Partnership Eligible grants under 40 CFR.Part 35, Subpart B. o There is a 3-year phase in period for-the requirement to negotiate fair share.goals for Tribal and Insular � Area recipients. ` ' � • Recipients of Technical•Assistance`Grants..., �� : � , � �- The Fair Share Objectives or.goals for the utilization of�disadvantaged businesses,negotiated with EPA by the WA Office of Minority Women Bu.siness a�e stated below. . ,. . Construction , � •.10% MBE �6%WBE " . � � , .. . Su lies�. '• � �.8%.MBE. ' ... 4%'WBE - ' �. :E ui ment.:' 8% MBE 4%WBE Purchased Services 10%�MBE - - '.. 4%WBE - . • . , By signing this Contract, the Contractor is acceptirig the fair share objectives%goals stated a6ove and'attests to the.fact that itiis purchasing the same or similar construction, supplies, services and equipment, in'the,same or similar relevant geographic buying market as WA Office�of Minority Women Business goal is being adopted.; �- , SIX GOOD FAITH EFFORTS,40 CFR, Part 33, Subpart C - ; - � ; ; : Pursuant�to 40 CFR, Section 33:301;.the Contractor agrees to make the following good faith efforts whenever p;rocuring construction, equipment, services and supplies.:under an EPA financial assistance agreement, and:to ensure that sub- recipients; loan recipients, and prime contractors also comply. � Records documenting compliance with the siz good fa.ith efforts shall.be retained. The six good.faith efforts shall include: ; _.... _ . A. 'Ensure Disadvantaged Business Enterprises are made aware,of.contracting opportunities tb the fullest extent � practicable through outreach and recruitment activities.For Iridian Tribal;.State and Local Government recipients, this will include-placing the_:Disadvantaged Business Enterprises on solicitation lists and soliciting tFiem whenever they are•potential sources.,:" , _ .. � B. Make information on.forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish'delivery schedules,where the requirements permit, in a way that encourages and facilitates`participation.by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting;solicitations for bids or_proposals for a minimum of thirty(30) calendar days before the bid or proposal closing date': - ` � _ C. Consider in the contracting process whether firms competing for la�ge contracts..could subcontract with Disadvantaged Business Enterprises. For Indian_Tribal, State and Local Government recipients,this will include dividing total requirements,wFien:economically feasible, into smaller.tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process.� D. Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. � E. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. F. If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in � paragraphs A through E above. City of Bremerton Page 33 Attachment III: DBE Requirements DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) MBEIWBE REPORTING,40 CFR, Part 33, Sections 33.502 and 33.503 Contractor is required to submit MBE/WBE participation reports to the Board and/or the Department of Health, on a quarterly basis, beginning with the Federal fiscal year reporting period the Contractor receives the award and continuing until the project is completed. CONTRACT ADMINISTRATION PROVISIONS,40 CFR,Section 33.302 The Contractor agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. The Contractor agrees to require all general contractors to provide forms: EPA Form 6100-2 DBE Subcontractor Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its Disadvantaged Business Enterprise subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK. These two (2)forms may be obtained from the EPA Office of Small Business Program's website on the internet at http://www.epa.q ov/osbp/qrants.htm. The Contractor agrees to require all general contractors to complete and submit to the Contractor and Environmental Protection Agency EPA Form 6100-4 DBE Subcontractor Utilization Form beginning with the Federal fiscal year reporting period the Contractor receives the award and continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a Contractor's MBE/WBE accomplishments. BIDDERS LIST,40 CFR, Section 33.501(b)and (c) , The Contractor is also required to create and maintain a bidders list if the Contractor of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c)for specific requirements and exemptions. Section 33.501(b) of the rule is as follows: A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the universe of MBFJWBE and non- MBE/WBE prime and subcontractors.The list must include all firms that bid or quote on prime contracts or bid or quote on subcontracts under EPA assisted projects, including both MBE/WBEs. The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA funding under the grant. For entities receiving identified loans,the bidders list must be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: (1) Entity's name with point of contact; (2) Entity's mailing address, telephone number, and e-mail address; (3)The procurement on which the entity bid or quoted, and when; and (4) Entiry's status as a MBE/WBE' or non-MBE/WBE. The exemption found at§33.501(c) is as follows: A recipient of an EPA financial assistance agreement in the amount of$250,000 or less for any single assistance agreement, or of more than one financial assistance agreement with a combined total of$250,000 or less in any one fiscal year, is exempt from the paragraph (b) of this section requirement to create and maintain a bidders list.Also, a recipient under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section bidders list requirement of this subpart to an entity receiving an identified loan in an amount of$250,000 or less, or to an entity receiving more than one identified loan with a combined total of$250,000 or less in any one fiscal year. This exemption is limited to the paragraph (b)of this section bidders list requirements of this subpart. 'Qualified Women and Minority business enterpnses may be found on the Internet at www omwbe.wa.gov or by contacting the Washington State Office of Minority and Women's Enterprises at 360-704-1181. City of Bremerton Page 34 Attachment III: DBE Requirements DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) i � ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ��United States � Environmentat Protection Agency , EPA Project Control Number United.States Environmental.Protection Agency ��,Washington,_DC 20460 �•. The prospective participant.certifies to.the,best of its.knowledge;and belief that it and the principals:.,�..., , , .. : : . . - - .....- � ; , _ ; , (a) Are not presently debarred;,suspended, proposed for debarment, declared ineligible, or,voluntarily excluded from covered transactions by�any Federal.department_or-agency; `� ; , (b) Have not virithin a three,year�period preceding this proposal been convictetl of•or had a civil judgment rendered against them;for commission of•fraud or a crirriinal'offense in connection with obtaining, attempting�to obtain;.or performing a public(Fede�al, State, or lo.cal)t�ansaction or contract under a public transaction::violation of.Federal or State antitrust statutes or commission of embezzlement,theft,forgery, bribery,falsifcation or.destruction`of records, making false statements, or receiving stolen property; . � ' (c) A�e not pr.esently indicted.for otfierwise criminally or civilly charged by`a government entiry(Federal, State,'..or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and'. � (d) Have not within a th�ee-year period preceding this application/proposal had one or more public transactions (Fed'eral, State,�or local)terminated for cause or default. _... .. . , � � ; I unde�rstand that':a false statemen4 on this��:certification may be ground for rejection of this proposal or termination of the award. ln addition, under 18.1]SC Sec. 1001, a false statement may result in a fine of up to$10,000 or irriprisonment for up to 5 yea�s, or both�., � . -� � � �( , ., , . _ .. . .. , . , .. . . . . . � •, . - � , '� Typed Name B��Title�of Authorized Representative _ . _.. ._. _ ... _ , � � �._. ` � . �� . . ._.... Signature of Authorized Representative ' , • Date`�. � . � � .. � : � � c '. ' - ..._..- - .... .. �. ` � ' � � ' I am unable to certify.to the above'statements. My.explanation is attacFied: - _._..., EPA Form 5700-49(71-88) � � � , ._. � � � City of Bremerton Page 35 Attachment IV:Certification Regarding Debarment DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) I I i I � � � I I � ��::�E�.�?�i�. I .� ��.. I - i i I �' L i i •�y � .. , � •. � � � �_"'�i ii'�-'^/A��, �� . I ' . . �,l��l?`�'Y.•�.�..��.l�114..:R� I I i i i City of Bremerton Page 36 Attachment IV:Certification Regarding Debarment DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS Must be directly attributable to the project. Employee benefits must be calculated as a 1. The costs for complying with the Uniform Relocation percentage of direct labor dollars.The Assistance and Real Property Acquisition Policies computation of predetermined percentage rates Act of 1970. to be applied to current labor costs must be 2. DWSRF loan fees. based on the average of total employee benefits and total labor costs for the prior fiscal year and 3. The purchase of a portion of another system's. - ._ . --- adjusted by known current year variations. capacity, if it is the most cost effective solution c. Other than work identified in Number 9.a, no (limited to pub�icly owned(municipal)systems). costs associated with labor performed by the � 4. Construction of reservoirs(clear wells).that:are part. � -� � - - . bo�rower's employees, including force account of the treatment process and are.collocated with the -__ work, are eligible for financing assistance. treatment faciliry. -- -.. - , - . - - 10. Contract,enginee�ing; planning, design, legal, and 5. Construction of distribution�eseryoirs (fnished � - . . financial planning serJices.The Board reserves the water). `, ; - ` right to declare ineligible legal costs that are 6. Cost associated;witfi restructuring or consolidation of unreasonable,and.disproportionate to the project. existing water systems by.publicly owned water � ; 11. Contract construction work. systems. � � � 12. Dir.ect vehicle and e.quipment charges at the actual 7. Main extensions�to'connect to safe and reliable � � �. rental cost paid for the"equipment o�,;in the'case of sources of;drinking water:�... , _ city or county-owned equipment, at tFie rental rates 8. Cost associated with�collecting and preparing, � established bjr the local-governmenYs"equipment environmental assessment documents to obtain local rental,and revolving fund"following the methods permits: __ . . - ._ prescribed by:the,division of_municipal corporations. 9. ,Direct labo�including related employee benefits: However;�such.costs must.be,charged.,on a uniform : basis to equipment used for all•projects regardless of a. �Salaries and wages(at actual or average rates) the source of,funding:Cities with a population of ; ' covering productive-labor liours of employees of eight thousand or less not using this type of.fund�are the bo.rrower(excluding the administrative allowed the.same rates as used by the State . � organization of the.operating unit involved)for Department of Transportation. . : ; periods of time actively or incidentally engaged � � � in p�e-design engineering;design engineering, 13. Direct materials and supplies: ;' : ��, constru'ction engineering, acquisition of rights of 14. Other direct costs`incurred.for-materials or services I . way;�and the cleaning,.sterilization or acquired for a specific project are elig'ible costs and bacteriological testing�of water system may include, but are not limited to such!items as: ; components prior to public use.The costs of � -- � a. Telephone charges. " . % - services rendered.by employees generally . b.;. •Reproduction and photogrammetry costs.�;� classified as administration/project management ..... ._ _ .. ..�c. Video.and photography for.project of the loan are corisidered a direct cost only _ _ . _ documentation: ,' when such employees�are assigned the rypes of d. .Computer.usage:. . � services described.above and shall be limited to � , e.. P.rinting and advertising. 3%or less of th'e project loan.amount. ; • 15. �Other`project related costs include:'� .b. Employee benefits relating.to labor are � - • �Competitive Bidding. .. considered a direct cost.of construction projects. _ __.. � �� • ` Audit. The following items may be included as � - . . Insurance. employee benefits`.�.. '•. ` � . Prevailing wages. ; • F.I.C.A. (Social Security)�mployer's share. � ... Attorney fees. � ... - • Retirement benefits. - - � � - ' • Environmental Review. • Hospital, health,tlental, and other.welfare Archaeological Survey. , •�- insurance. - � .. - Life insurance. Water system plan costs are not eligible for �. . . . __...reimbursement. Small water system management • Industrial and medical insurance. � - program and plan amendments costs are eligible for • Vacation. reimbursement. � • Holiday. • Sick leave. Projects may be designed to accommodate reasonable � • Military leave and jury duty. growth.This is generally the 20-year projection included in the system's water system plan or small water system ; management program. City of Bremerton Page 37 Attachment V: DWSRF Eligible Project Costs DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) i ; �� ;,,R,r��:�'`-�_�= ��;��:�:. � � � _ . � � � `'"�::� • - � ��,�:�•� - � City of Bremerton Page 38 Attachment V: DWSRF Eligible Project Costs DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013(P.L. 113-6) Preamble With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides capitalization grants to each State which in turn provides subgrants or loans to eligible entities within the State. Typically, the subrecipients are municipal or other local governmental entities that manage the funds. For these types of recipients,the provisions set forth under Roman Numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients'compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section 3(ii)(A), below and for compliance as described in Section I-5. Occasionally, the subrecipient may be a private for profit or not for profit entity. For these types of recipients,the provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients'compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section II-3(ii)(A), below and for compliance as described in Section II-5. I. Reauirements Under The Consolidated and Further Continuinq Aqpropriations Act. 2013(P.L. 113-6) For Subreciqients That Are Governmental Entities: The following terms and conditions specify how recipients will assist EPA in meeting its Davis-Bacon (DB) responsibilities when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of Commerce. If a State recipient needs guidance, they may obtain additional guidance from DOL's web site at http://www.dol.qov/whd/. 1. Applicability of the Davis-Bacon(DB) prevailing wage requirements. Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation)for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open,the subrecipient shall monitor www.wdol.qov weekly to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date(i.e. bid opening)for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date,the subrecipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient. (ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall monitor www.wdol.qov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b) If the subrecipient carries out activiry subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.qov into the ordering instrument. (c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. City of Bremerton Page 39 Attachment VI: Labor Standards Provisions DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) (d) As provided in 29 CFR 1.6(fl, DOL may issue a revised wage determination applicable to a subrecipient's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs,the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The subrecipienYs contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. 3. Contract and Subcontract provisions. (a) The Recipient shall insure that the subrecipient(s)shall insert in full in any contract in excess of$2,000 which is entered into for the actual construction, alteration andlor repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in§5.1 or the FY 2013 Continuing Resolution,the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)), the full amount of wages and bona fide fringe benefits(or cash equivalents thereofl due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe beneflts under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually perFormed, without regard to skill, except as provided in§5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided,that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section)and the Davis-Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor's web site,www.dol.gov. (ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the c�assification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification(if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient(s)to the State award official. The State award official will transmit the request,to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative,will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award o�cial or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits,where appropriate),the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for City of Bremerton Page 40 Attachment VI: Labor Standards Provisions DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative,will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notiy the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs(a)(1)(ii)(B) or(C)of this section, shall be paid to all workers perForming work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor,withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received,the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee(e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.qov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA, the State,the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records,without weekly submission to the subrecipient(s). (B) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: City of Bremerton Page 41 Attachment VI: Labor Standards Provisions DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) (1) That the payroll for the payroll period contains the information required to be provided under§5.5(a)(3)(ii) of Regulations, 29 CFR part 5,the appropriate information is being maintained under§5.5(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic(including each helper, apprentice, and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work pertormed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees-- (i) Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office,withdraws approval of an apprenticeship program,the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is City of Bremerton Page 42 Attachment VI: Labor Standards Provisions DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors) and Subrecipient(s), State, EPA,the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract,the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. 4. Contract Provision for Contracts in Excess of$100,000. (a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph,the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be City of Bremerton Page 43 Attachment VI: Labor Standards Provisions DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1)through(4) of this section and also a clause requiring the subcontractors to include these clauses in any{ower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1)through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further,the Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification (a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees)to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445)or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence." (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable,the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and finro weeks prior to the completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition,during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department of Commerce and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.4ov/contacts/whd/america2.htm. City of Bremerton Page 44 Attachment VI: Labor Standards Provisions DM15-952-042 4/27/2015 DWSRF NT Loan Contract(Municipal) AGENDA BILL CITY OF BREMERTON � CITY COUNCIL SUBJECT: Acceptance of Drinking Water Study Session Date: May 27, 2015 State Revolving Fund Loan for the Reservoir COUNCIL MEETING Date: June 3, 2015 #4 Cover Replacement Project Department: Engineering Presenter: Ned Lever � Phone: (360) 473-2398 SUMMARY: The City has been offered $2,323,000 (which includes a loan fee of$23,000) in the form of a DWSRF Loan to remove the existing floating cover at Reservoir 4 and replace it with an aluminum cover including alt exterior foundations, interior structural support, framing, access ways, and roofing materials. The requested action before the City Council is approval of the DWSRF Loan and authorization for the Mayor to finalize and execute the loan agreement. ATTACHMENTS: 1. Council Summary; 2. DWSRF Loan Agreement#DM15-952-026 FISCAL IMPACTS (Include Budgeted Amount): These funds are necessary to maintain safe, quality drinking water for the City of Bremerton. This loan will provide $2,323,000 (including a loan fee of $23,000) for the project. Utilizing these low-interest loans effectively reduces the cost of this important infrastructure, which will have an effective life far exceeding the 20 year payback period. STUDY SESSION AGENDA: ❑x No Pc�sentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the DWSRF Loan agreement with the Washington State Department of Commerce with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 , R . COUNCIL SUMMARY DRINKING WATER STATE REVOLVING FUND LOAN AGREEMENT BETWEEN THE DEPARTMENT OF HEALTH AND THE CITY OF BREMERTON Sumrnary A portion of funding from the U.S. Environmental Protection Agency was made available for distribution through the Washington State Drinking Water State Revolving Fund Program (DWSRF). The Reservoir 4 Cover Project provides for the replacement of an existing floating cover which is constructed of polypropylene that has failed and is irreparable. The City will replace the floating cover with a fixed support aluminum cover with an anticipated service life of 50 years. The existing floating cover is the second of its kind and is the second floating cover to fail prematurely and require premature replacement. Fiscal Summarv The funding offered through the DWSRF program is identified on the Declarations Page of the Loan Contract as follows: Loan Amount Project Including Fees Loan Fee Interest Rate Reservoir#4 Cover Replacement $2,323,000 $23,000 1.5% The interest rate for this loan may be reduced to 1% if the project is completed within 24 months of execution of this agreement. It is anticipated that the funding offered in the DWSRF Loan will to cover 100% of the estimated project costs. The current estimated cost for design and construction is $2,300,000. All costs incurred which exceed $2,300,000 shall be funded by the Water Utility Fund. - .� _` _ '�' .� : - .� . - .; _ d . � .,�,�� ._ ^,,, .�: Example Fixed Support Aluminum Cover �'_'\ Washington State 1 Public Works Board � 1011 Plum Street SE � Post Office Box 42525 � Olympia,Washington 98504-2525 April 27, 2015 City of Bremerton 3027 Olympus Dr Bremerton, WA 98310 Attn: Mr. Bill Davis RE: Loan Contract Number: DM15-952-026 Dear Mr. Davis, Enclosed are finro originals of the Drinking Water State Revolving Fund Loan Contract Number identified above. The Loan Contract details the terms and conditions that will govern the agreement between us, which includes the project's Scope of Work and an Attorney's Certification as formal attachments. When you have obtained the appropriate signatures, please return both original contracts and all the attachments to the Public Works Board within 60 calendar davs of the date of this letter. Failure to return the contracts within this timeline may result in your loan offer being withdrawn. Please note that the U.S. Environmental Protection Agency is the funding source for this program and the Catalog of Federal Domestic Assistance (CFDA) number is 66.468. Consequently, the loan funds are federal and subject to both state and federal requirements. If the loan fee applies, the amount of the loan includes an amount sufficient to cover a one-percent loan administration fee. The fee will be collected at contract execution, and is non-refundable. Please review the terms and conditions of the Loan Contract carefully, as well as the attachments. A requirement of the DWSRF program is that you must maintain updated project records and yearly renewal of your registration in the System for Award Management at www.sam.gov. Another requirement of the DWSRF program is that all entities are required to verify that the federal government has not suspended or debarred them from receiving federal funds. This includes, but is not limited to, project contractors, subcontractors, engineers, architects, consultants, and equipment vendors. The Exclusion Report can be accessed at www.sam.gov. Failure to provide this required certification may result in termination of your loan contract. After the Loan Contracts have been signed by the Board or its designee, one fully executed original will be returned to you for your files. Instructions for drawing the loan funds will be returned to you with the executed Loan Contract, as well as the necessary forms. The Loan Contract specifies that draws may be made for costs that have been incurred, and which have supporting documentation such as receipts or bills. Administrative services provided by the Department of Commerce . (360)725-3150 Fax (360)586-8440 www.pwb.wa.gov City of Bremerton DM 15-952-026 April 27,2015 Page 2 We are Iooking forward to working with you over the course of this project. If you have any questions about this Loan Contract, please contact me. Sincerely, Jeff Hinckle Washington State Public Works Board (360) 725-3060 jeff.hinckle@commerce.wa.gov Enclosures: ATTACHMENT I: ATTORNEY'S CERTIFICATION ATTACHMENT II. FEDERAL AND STATE REQUIREMENTS ATTACHMENT III. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT,SUSPENSION,AND OTHER RESPONSIBILITY MATTERS ATTACHMENT V. DWSRF ELIGIBLE PROJECT COSTS ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENT ENTITIES � i i i . i ; � I I �� i Washington State i 1 Public Works Board � � � 1011 Plum Street SE � Post Office Box 42525 � Olympia,Washington 98504-2525 Capital Agreement between: City of Bremerton � and Public Works Board For: Project Name: Reservoir #4 Cover � Loan Number: DM15-952-026 , Loan Type: DWSRF NT Contract Start Date: Contract Execution Date ' Department of Commerce ' Innovation is in our nature. Washington State Department of Commerce www.commerce.wa.gov Page i DECLARATIONS �CLIENT INFORMATION I ,...__..._.._.._...._....- --..............._.........._.....___....--....._...._..._.....----------�---.._..-------- ---- -�--------...----....---......_.._..----._...----.._..__ ------ �---�-----_._....._._..._.._.-------------� Legal Name: City of Bremerton Loan Number: DM15-952-026 Award Year: 2015 State Wide Vendor Number: SWV0000221-00 . .. _...----- ------------�---------==---=_=-----�----------_.--------�------.»-----�--�----------�---------, (PROJECT INFORMATION ' �.---�-�---�-�--�----...-�---�---_. _- - - -----------�-�-�---------�----�-----------------�------�-�-------�--�----�--�--------------� .. . . --.. _. -- - . Project Title: � ..--=. �--- ' Reservoi�#4 Cover �.. .: . . .. _ , Project City: - � Bremerton _ Project State: � ... -Washington Project Zip Code: . ' 98310.. � _ �' � , ; , , .. .. _: ,.. ,;• J , '--= --= ---�. :- LOAN INFORMATION � � �.___.__.------__._.__. _...__.__.. ...._.. _....._._.. ----------... _ -- ---�--- -----�----_...__.__. , --._..._----�---- .._.-- ---�--• . r._. . _"._. . . , --, i :' -.. "'. ' . . . . . .. . Loan Amount: %,/ '•.. � .. '•., .:` �'�,� -2;323,000.00 - -- L08f1 F22(Included in loan.amount if.applicable)� .. ., 23,000:00 _.. • . Loan Forgiveness %`-., ., '.. .. ,; .. �o�o. . . _ - - �. � Loan Term: � - - - � - 20 years ', , Interest Rate: _,. . ..,� ��,; �1.50% _ Payment MontFi: .._ .- _ _.._-_._..-__ . ... � .%" -�' October 1st �'•,. - Earliest Date for Construction Reimbursement: ` 7/1/2014 � , � Time,of Performance _ ..-...-.- 48 months from Contract execution date�to Project .`�... '..�.. , ; � - ` , Completion date. ` ; , . ; ; � -- - � � ��FUN'DING INFORMATION � .__ _. --- -- ------------ --- ------- -�. ---. �, .__ ---�---� ----, ---, —� --, —. ,—_ ._.�. _., �- -- -- - , : , ; � , � . � -- , , , , � , . , _ , i � Total Amount of.Federal Award (as;applicable)�`.. [To be determined]�� - Federal Award Date. � [To be determined] '� ; . _.. ; Federal Award ID#(FAIN)..- ; �• .. � [To be determined] . �,: - � Amount of Federal Funds Obligated by this action [fo�be_determined] ' --�- -_�-:-__, - . ;'�' Awarding bffcial '' �:. ,.[To be determined] ,_. , , . . . �;• .._-...-... . : . . , .. . .. . . , , . ; .: _.......--- - -- - { ; �--------�------- ---- ==---' =— ----- --.......-- -- -- ---- ---- —= -------- -----._ .-..-- `-- �_SPECIAL_TERMS_AND CONDITIONS GOVERNING THIS LOAN AGREEMENT__ ____ _____.______._____ ; , _ .. _ - A final determination on:the eligibility of indirect costs is pending from the Envi�onmental Protection Agency. Upon receipt of that determination, Commerce will•notify-you of that decision and advise if,indirect costs may be charged against�this.contract. ' � '� ' � :�__.-_- -- j ; ` ` . . _ . --._...---�----....._.__..__...--.._�.— ----�----.—� ...._.._..— __.----• ----- ----___._----._.._._....._........_.....--, [LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT __ i This loan is a revenue obligation of.the Contractor payable solely from the net�evenue of the Water system. Payments shall be made from the.nefrevenue..of the utility after the payment of the principal and interest on _ any revenue bonds, notes,warrants:or other obligations.of the utility having a lien on that net revenue. As used here, "net revenue" means gross revenue-minus_expenses of_maintenance and operations. The Board grants the Contractor the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan Contract. This option may be used only if the entire project is a domestic water,sanitary sewer,storm sewer,or solid waste utility project. Page ii DECLARATIONS (,continued) Loan Number: DM15-952-026 Project Title: Reservoir#4 Cover Scope of Work: The project includes the removal and disposal of the existing Hypalon cover, installation of an aluminum geodesic dome including all exterior foundation, interior structural supports,framing,access ways, and roofing material. The approximate roof area is 80,000 square feet. Other ancillary items include, interior and exterior conduit and lighting,security measures,fencing replacement�as necessary and upgrades to the monitoring equipment. � � i� , � Page iii CONTRACT FACE SHEET Contract Number: DM15-952-026 Drinking Water State Revolving Fund (DWSRF) 2015 (Municipal) 1.Contractor 2. Contractor poing Business As(optional) City of Bremerton _ N�A 3027 Olympus Dr - �-. - _ : . Bremerton, WA 98310 . ._ 3. Contractor Representative . - �4: Public Works Board:Representative , . , . ; . ,... N/A ..:. ....... .... . .. ....N/A .. ,, __... �- . 5.Contract Amount .6:Funding Source - - . 7.Contract Start Date :. 8. Contract End Date 2,323,000.00 "�'Federal:�� State: �..� ' '. ContractiExecution.Date ��October 1, 2034 Other: � NIA: � � ` � � . 9. Federal Funds(as applicable) `' `Feiieral Agency '�,CFDA.Number�" N/A %- `,, � , ' EPA ;' �66.468 10.Tax ID#.- � 11. SWV# _. � 12. UBI#.., , := .13. DUNS# , , - , .. �. �. . , ... �. .. . N/A !� , SWV0000221-00 `., '•., '. .:.. ... - ..... � � :` .:' S56846970 �. `'....``. •,`, 14. Contract Purpose ` `.`, The.purpose of this Contract is to provide:funding for.a project of a local government that furthers th;e goals and. objectives of,the Drinking Water State Reyolving Fund Loan Prog�am. The project`will be undertake.n by the ', Contractor and•will include the activities described in the Declared Sco e of Work. � ' The Board, defined as the Washington State`Public Works Board, and Contractor acknowledge.and acceptithe ; te�ms of this Contract and-attachments and have executed this Contract on the:date below to start'as of the�date, ; and year last written below..The rights;and obligations of both parties to this Contract are`goyerned by:this Contract and th.e following�other documents incorporated by reference: Contracto�Terms and Conditions including � Declarations;Page;Attachment:l:'Attorney's Certification; Attachment II: Fede�al and State Requirements; ! Attacfiment III: Disadvantaged Business Enterprise Requirements;Attachment IV::Certification.Regarding - '� Debarment, Susperision, and,Otfier Responsibility Matters;Attachment V: DVVSRF Eligible�Project Costs; and ' ' Attachment,Vl: Labor Standard Provisions for Subreci ients that are Governmental Entities. . FOR THE CONTRACTOR .. ,--'::� , FOR PUBLtC WORKS BOARD -=- --" � ' ' ' , •, , . _ . .... ' • . . �" � - �' Signature `� - • . . , Stan.Finkelstein;:Public�Works Board Chair • , . . - , _ � �=' `�. Print Name � ` Date_. . % , • - ; � . . - Title '� APPROVED�AS�TO FORM ONLY "� `� .._ - -- - -- This 10th Dav of April, 2015---'� Date � _ � _.. Bob Ferguson - • _, . , . _. . ,. � - � Attorney General � - . �- ; Siqnature on file Kathryn Wyatt Assistant Attorne General City of Bremerton Page 1 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) � � � � Ciry of Bremerton Page 2 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) TABLE OF CONTENTS ------------------�-��---- -..__. ._ ..- - --------- ----------�-----�----_ _ ...-� ----- --------.. _. .....__..._ -- ---: ; CONTRACT TITLE PAGE i ; :- - � � - � - - .. .... . - -- .. .._... -- --� . __.... .. .. - - - � . ... . .. ......... ; CONTRACT DECLARATIONS ii � >- - --._..._..._....- -._...--�-�- -�----- --- ---�--�--.._..__.._..._.._......- �- -�--...-----._._._ --� ------...._.......__..._.._..--- --�------- CONTRACT FACE SHEET 1 � -- - - - -- ------- ----- -- --..... ..__..._........------ --- --------- ----�-- _----------, ----- -- ---------- - � - i i TABLE OF CONTENTS 3 ' Part 1 SPEC/AL TERMS AND COND/TIONS . --�--------------------____ ---------------------- _ -- ___... _------...------------- , - 1.1. DEFINITIONS - . .. . . ....::..:......-. .--:� - -; --------- --7 i ; - ....- - - .. ...... - �- .. .: . ...: . . -�- - ... -� - -- - ---- - - - - - : 1.2. AUTHORITY - " - - � �- 7 ' -- ----------------------��---��" �-�------ ,. .: --_:_----___.._.__._....--------_=-. '�---------- -------------------------- 7 � 1.3. PURPOSE -: . - _:..... ._._. .. .... ... .7 I - - --................------ --�- --=-� - ------...... ..........._._..._..._:-.---�. -----� ----- ._ .....__.._._..- --------------.....-----.._..._. ; 1.4. ORDER OF PRECIDENCE', ' - .. - 7 ; �------- --� =----._...-. �.---..: - - - -- - --- - ,---- --- ------- --------------- . � -; _ : 1.5. AMOUNT OF LOAN �`. . �.., .', ,., . , . -•: '' �; ; " � �� - 8 � , . . � --- --------._...._. _.._.. � . �: --- � -=-• �---- ;_,,_ . :..: . :.-- ' - . ... ._...... _ _ ._._... �- ----- --- -------� � -. ... _ - - - I 1.6. LOAN FEE::' ; •. `�......_-�.------ , - ,ti ._I :_..- -- --------�-----�..---_: '�.-._...., �--�---`- --------------- ---- ---- --- -- _ ...... __ 8 . ' `: 1.7. TERM OF LOAN ' , ` �`� ��. .. :, , , - - -� . -------------.._ 8 i �-----------------..:.=---�- ---' �--- - =--- -. , _ - ._.. . ..-..---•. .. �--,----: --- - _. .._.__...------ --i•;------__.--- : � 1.8. RATE AND LOAN'FORGIVENESS •.. � .. : ;� '•.�`� ' 8 ; __. _. . •. �--------:--.-..-;. - --= �--- -. - -_--=--:.._.. __ . ,-- .�..-- -_- --- --;,�.--- ------ ; � 1.9. DISBURSEMENT OF�LOAIV�PROCEEDS AND REQUIRED,DQCUMENTATION.: , '� 8 ,.._....._....._... - ---, -..--.: ....---- , _.... - - ... ..._ ._ . ,- ..;_. ...... ; 7.10. _ TIME OF PERFORMANCE .. ., , . ...--- _._, , ..,� ;...-_--- -----.__..- , - -- _g i �-------�:,_--:`.---:-----�.. --' -----�-- --_--, ---�� -�--- . .- .....-=� '=-=�`---,--_...--- ' 1.11. :' � PROJECT COMPLETION AMENDMENT i4ND THE CERTIFIED PROJECT�COIVIPLETION�REPOF2T ,' 9 � ....�.: --- • ------ ---- ------...._.... .. .- -- -------- -- -�- - - -- - - - --�- : ---- - ------�-- -----� --- � - - - � 1.12 � ' REPAYMENT ' , ' , 10 i --—• :.—; :---: . ;--------------.:...—.._--'� -r , ------------------- - -- --i —` --- -- — ------� ' s . J : ... .. . . � 1.13. DEFAULT IN.REPAYMENT : . `. .. ! : " . • �'�� 10 � , , ,- — �- !— - .---- _r=-----�- --r �----- -�--- - ------------ --..... -- - - -- -- --� ---! ---- ------' I 1.14. � LOAN SECURITY - � `• - � i �� •. � ; � ;� %� , j : ; ; 10 � . • '� I—a I_"'"__J ._._..._•' �...�. �._< ___"___""__'"'_'..._...__..._.._'___'__'_—'_: '__� ___"'"_' . _' _ _—_a __"_' "_' _'_"____i �'._.._—.' •__._.: , . . , . , � 1.15: HISTORICAL AND,CULTURAL ARTIFACTS � , ; ` I , i . 10 ; , - ._._..�_...., ._..... ,_.. � ------, ---- ---;� -- -- -��- - �--- -------.................._ ---- . -----� ----- ---- 1.16.�,�, FEDERAL`AND STATE REQUIREMENTS --- _ � ' ' 11 ! ^_, - �-------� ---• �� '�----�-�- ---, -- •-- --�---�-- ---- ----------------- -- ---��---! � 1.17.� . COMPETITIVE BIDDING,REQUIREMENTS ' � ; ' � 71 � . �, . - --- - ---�--- ---- --- -- -------- ;-----, --- ----. ,_—. . .. . ..-- -----�------ : ' ; 1.18. ' , ELIGIBLE PROJECT GOSTS �l �. ' � `�.___.__.._._:-- - ' � 11 i ', �-----...__; ...._� �--- -=' �=--� - - --- - ,. , ,. '•---- :... .!;� . � ---.. �= - , , _._.. ; 1.19. PREVAILING WAGE '". '" =-_ ..;•... .. . _._. :`i' ; �� i - ' L _----% . . . --- _-- � � - - --------�----- -��- - -----� --.._; :..:_..;r . ,__ .. , � . ,.... . = . I.._.._'_"_'_--___'' `—_: . ... ._.. . . •' '" _. ':,..:'' , i . . 1 20 FEDERAL EXCLUSION; '"-•� ,:-" ; ��... - - � -�,: 12 ; �----� ...'........ ...... .. .. --�- =-----:' :._� .. . `.... .:� --- - -- - ---; --.._., _ :._._ - �- . .. �. : , :. '.. ' 1.27. REGISTRATION WITFi-CENTRAL CONTRACTOR REGISTRATION (CCR) ., •. - -. :: ,. �,:, ;�;� 12 ' '--� --- -------;. �---------: .-:� --- -----._� �___.. -=._� ...------; - --- ---- -� - - J � 1.22. RECORDKEEPING�AND ACCESS TO;RECORDS - - �,. � ., `, '. �,� �',, - . 12 ' � _.._. __. . . . . -------- -- -�- - �----- - — ---....__._.. --- ---- ._.._.-- �� - -- - - - --- - - � . -j, J ; 1.23. REPORTS� - , -- - - 12 ��-- - . _ ....------= �------ ---� ---� •-----., ---� ----.,;-�-�--�-, �--�- - -• -- - -. ... --�------ -------- - - • , . , _ . _ � 1.24. AMENDMEIVTS, MODIFICATIONS,ASSIGNMENTS,.AND WAIVERS `� •,, `• � 13 � . �---- � � .-=---- ---- --- -------------- ---- ----- --------._...-�---._ ....----------- ._.. �-� ----• - ---- - ---'._.. . ' `�- � a ; 1.25. TERMINATION FOR CAUSE � `�. ``�., -� -�� .._. ' : ` - 13 ; ..._.....__...---- - .=---- - : -- r --'-"---.- '-.'--..'_".-�--- ------------,�-.r----------`-.... .................... :-..._.......'-_:' ._'------"---------'--------..... . _. ....._.....- . .- , ! 1.26._ TERMINATION FOR CONVENIENCE ._.�'-��_._.._._. ..... .... :::: :. " ,: ,: 13 � . -------------- _ .------;-.:�------------------ ' 1.27. AUDIT � � . . ..- --- _._ __. 13 ' , .... � - -- - . , --...-------------------- - -- ------------ ---- ._.:.-------;----------�------------ - -- -------...;-.--:---- -----._..._ : 1.28. PROJECT SIGNS r -- 14 ' . ., . . ....._ , -- ; r------...__........ � ._.._.._._......--...._ --- �. ...------...:----.. --- -------------.,�-.:.._.:_.—.—�:: ..-__----- ------------ -- _ -------- � 1.29. DISADVANTAGED BUSINESS ENTERPRISE-REQUIREMENTS .. - 14 ' �.-------�------ -------- - _ -- -� -� -�--�-------:_-.. _.- ----.._..-- --- --------- - ....---- ----... . ... .. ........... ........-- --...._..... ... __. ._ •.. -------- - .,..._. ; � 1.30. NONDISCRIMINATION PROVISION � -� - ��:.:. :.:..:..:._.:.. - =- = 14 i �----------- ---�--------------- - -�-- -------�-----._.__._.__...----------- --- --...------- --- -----------�--...—_ ---------------------- ; 1.31. PROHIBITION STATEMENT 15 ; :------ --------...------ ----�------ ----------- ---�-------�-------------------------------------�----: ; 1.32. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM 15 i ------ ----------- ------ --..._...-------- --- ----�---------- --- - -------... --�--------------------------- ; 1.33. LITIGATION 15 ; _._..-----� --------------...-----�-------�--------------......._....----- � ----- ----------------- -.._._.. -- ------- ---..._........-- --� - �-----� ; 1.34. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES 15 I - -�- -� � �-� .... ............ . .. ... .. .... ... --- - -- -...... ...........--�------� ...................-�-� �-------- - - - -----�-- --......_.. _, ' 1 35 SPECIAL CONDITIONS 15 ; . . ------- -------------------------- .....__...._..---------------._.__--------------------------------------- -----. I 1.36. INVESTMENT GRADE AUDIT 15 � City of Bremerton Page 3 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) ,_....--- - -...----._.._._...__...__...--- ------- -------...---------�-----........._------..._._..--------------- ---------.._..., ; 1.37. BUY AMERICAN 15 I ----._....._.._..----- -----------...---------------------------- - - --- ...------...._...----------------------------__..._....._ _..� Part 2 GENERAL TERMS AND COND/T/ONS -- -------------- — ----------------------..__...---�-: ; 2.1. DEFINITIONS ' 17 i � -------------- ---- - ---------- ----- -------------- - ----.._...----------- - -- ---- --- -- ----._...---' � 2.2. ADMINISTRATIVE COST ALLOCATION 17 I �-------------�---------- ------------------------------ ------�----------- -- --- � ; 2.3. ALLOWABLE COSTS _ .. . .... 77 ; � - � -�--------- -- -�--:---------------- �------ - -- ------ --- �....__._.. _. . .- -....- �---��-�-----...._..._....__....... ...._._....- --- -: - - -- --------------- - ----J � 2.4. ALL WRITINGS CONTAINED HEREIN ' � � ' 17 � � - -- -. ..- -------- - --�- -.... _.. . .... ......... .. ....... . ............_..._. ... _ . _. ......... ......_..----- ...---- -- --- -- --. ... • ; 2.5. AMENDMENTS ,.� ._. � � �. .. 17 � ,.....--_.-. - -------------------------�----�-------------�-- ----._.. ..._---...............------�-----..._....--- ------:- -- � AMERICANS WITH DISABILITIES.ACT(ADA)_OF 1990, PUBLIC LAW 101-336, also referred to as the ' ; 2.6. °ADA"28 CFR Part 35 .- ': � � 17 ; .... . . . _ . . - �. . .... __._... - ----------- ----- --;- ---- �------- ............. ...- - - - ----- -- -�- -----...-- -- ----..._ ' 2.7. APPROVAL - ; �;:.. ,, � _ _._... .. ... - - -- 17 � ; . ---- ....... . . .... _ _.... _. ........ - - ------ �---- - - --�-----_._.. ..... . ....... .............: � - � - : , , , �, ,' ' .. .� ; �. .. , _._.. . - � . ��= � ; 2.8. ASSIGNMENT.•.:- . , : ; - ' ; 18 � 2.9. ATTORNEYS FEES -- ---- -- --- --- -', ,-- - � -- - _ — ------ ------18-� ; ., ,, -- ---- ---------..:-- --._._.. ...- . -- - ---- ------ -- - ---... _..__... ......__...._...__...._..---- : , , . . , . , , ; 2.10. AUDIT . ,: ., - ----- _.--_- -- -- -- , 18_. , ., . �.__._._....--...-----.-.-.-;--.-----=- =-� ��--=� '---�--�-�--� --.._.._' ----- ---=` -----...-----... . ... - -- -' CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELI.GIBILITY AND..VOLUNTAR.Y ' ' 2.11. 19 � ; EXCLUSION-PRIMARY AND�LOWER TIER COVERED TRANSACTIONS ,: ' ; " . ; _ ,_._, . `_... t ---------� ,---. _. _...... . �--• - - --- - -- ---- - ---, ,�. .. . , ; 2.12. CODE REQUIREMENTS .. . � � : - - .. __ �� ..... ;. . • . 19 ; ..., •-----�. _.. ............. - -., ...... ----.:.. -- --._�. . ----.._ _ ,... .. __...... ,..- - �----- �. ; 2.13. CONFIDENTIALITY/SAFEGUARDING,OF INFORMATION ' 19 ; ;._...__.._..- --='------'-"-------------- --} . �---: --�--�---=- -- - - -- --' •--- `� -----=,�---- -----... �--.. • '_ i 2.14. . CONFORMAIVCE :, : � .� .� � ,- . �i , � 20 � � . ........... .....: ....: ---�--�-- --._._......_.._._.._. _.: ........- - - - ------ -- : . � �....: ... ._ - _.. . , � 2.15.; . GOPYRIGHT PROVISIONS , - ' � ' 20 � , , , ;------ ---� �---� --- - - ----------- ' ---• -- � - - - - - , - - ---- ; 2.16.� DISALLOWED.COSTS = - ;� ------ ------- ------ --- - :-- - - 20� �----- ---_ :.....- --- ----- - - --�----......._. _ ; .• � . : . r._. _. . . . - �-- �- , � . ---- - ."--.. _.._ ._ ..._..., 2.17: DISPUTES- -- ' :� '� I;,' 20 � : , ;. ., �----; �--: �..-; �--�-- �--- �- -.---- �-------.._....------�- - -----...--- , --- -- ; -- .---.� �-- --, ! 2.18: ' DUP,LICATE PAYMENT � � ,- 21 ' , : � •, i ; -_... -. . .... ........ :---, � . . _ . ; , _. .- � - ---------- ----�--- -- --- ---- - -.._.., ._._.. - , , ; 2.19:. ' ETHICS/CONFLIOTS OF� INTEREST.. � 21 , �-_"___ �'__, :...."' �--' 1__'-_'-"_J � _ ____'_'-'_..._..._...,...__-_""___'_-_ _ _- _ -" . . 1 I __I . . . � . , " . _� ; . ' � "�. .. . t 2.20. ; GOVERNING LAW.AND V.ENUE ,, , ' 21 ,__ : . ____ _ _______ __ ___ _ _ .,. , -----.. .._._, __. . .— --= ---- � � -- - --....._ , ; . � , � � -- , �.. . _., ' 2.21. ' INDEMNIFICATION" - - -------------- --- - - -- - �-- - 21 � ; � , ; ;------ �. .---�,-.- - ----==-�=---'---.� - -=. - -- ---...-- --•" -- - - --- ---- ---- —= ---� ,. �. . ; 2.22. � IND,EPENDENT CAPACI,TY;OF THE CONTRACTOR _y" � , - ---- � :� .;';_, 21 � _.....- -----=; --=� �----•� ,--- , �_--., ,_;; .._ �--- - ---------- -- --- - .-� 2.23. IND:IRECT COSTS." . - _ 21 , . � � .... - - �........ .. .... _......•. ._--: . ...,: _ ..., . , :. . ...... ; 2.24. INDUSTF2IAL,INSURANCE COVERAGE ,: - - - - ... , ; '• , 22 ; � -- ---= � - - --- -- ---- ----------- --... - --- ---- ---- ---- ---�-...------ -�---- -----_._..._._. ;.... � 2 25. LAWS,` , ..__ - - � ._" . . 22 ' ----------=- -------. .-.:_.�. ,..-.__.: _-----` =---_ -_--.----, -- - - - -- ; .�. _ _; ; 2.26. LICENSING,ACCREDITATION AND REGISTRATION ._ �'•.. '... �. `�., %. 24 j �---------�-...------.._:. :�..---=-.�--a .--=; ;---..._....� -- -�-- - -- : . � ., .._ , :.. •--. - ; 2.27. LIMITATION,'OF AUTHORIIY: : ;'' ' - - . , • -- --- ------ -� - --- --- ----- -24� __._....... .._: . .. ...... ... .....�- - - - - . -:---. _..._....��--� - - --- �- --�. .. _... - - - - ------ ------�------- - -- ----- -- ,._... . � 2.28. LOCAL PUBL'IC TRANSPQRTATION�COORDINATION- ` `� ' - 24 j ;-------�-- --- -........_._. . -- -----�- �:------- -�-:.-..-� �-��---�•, -�----......_..--- -- --.- -� :-----� :,...... -._.......__ ._..._.....-�---------- ------------ ;' 2.29. NONCOMPLIANCE.WITH NONDISCRIMINATION LAWS -� . _ 24 ; , � .....--- -��---... --�----. �-----=• _ :: - -= �-------- �---�= -=------ -- - - ---- ; 2.30. NOTIFICATION OF TENANT RIGFiTS/RESPONSIBILITIES : "�� 24 I !....--- -----------------= �---- - . - - --------------- ---._.._. ._.... . .. -.. -:. ,--_-_-:-- --. :_.� � � : 2.31. POLITICAL ACTIVITIES., � - _ 24 ? ,-' ---=-..':,...---------------..._...__._.__...._..------' ---- 1 ----------------.-.._-------.._...------�. �... -----_-_ ------------------- ---- -- - - : 2.32. PREVAILING WAGE LAWS' : . . - ` - _ - _ -. --: - : 25 ; ;.. ......- - --- ---- -----.. ..........._. .__........ - --: - ------� --- �-�------._._...�- -.....-- - ` . ; � ..... ........... . ... . . . .. ...... ...............--- �----i ; 2.33. PROCUREMENT STANDARDS FOR:FEDERALLY FUNDED PROGRAMS 25 ; �----...---------------------- - �------ - _. . ------ ------ _._.. _..--------------... ---=-----------�--- -�------------------------� � ' 2.34. PROHIBITION AGAINST PAYMENT OF BONUSES OR COMMISSION 25 1 ,_..-�---------------..._...--�-- -...._ ._..------------------------ ------------------- -------- -._......_ ...--.....- ---------------....._._._... � 2.35. PUBLICITY � 26 i ;-----------�----------------- --------- ------.........--- ----------------- ------------------ --� 2.36. RECAPTURE 26 ! �_.__..._.... --- --------- ---.._...... _...-- - -- ---... - ---- -�- ----- -- - -- --- - -. .... - --... ._... _..... ----.... ...._...__._... ... ... --.., ; 2.37. RECORDS MAINTENANCE 26 j �- --� -------..._...._..- --- --- ---- . ._ ........-- - ---- ----------�---�- ------�--�--...._._._.__.............--...-�-----._....�---�--�-----------�---------- ------------ : 2.38. REGISTRATION WITH DEPARTMENT OF REVENUE 26 � = ---�-- --------.._._._..- ----------------------------------------------�----------- �--------------------------� � 2.39. RIGHT OF INSPECTION 26 j City of Bremerton Page 4 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) �---------------- -----------------�------�-- ----�--...._...._....--- ----�----._._._._._.._...._._..----- ---�------ — --- ----, � 2.40. SAVINGS 26 ; ,__ ...._._..__.----.... -- -----.._..---�---- -�-... ....---.._..... ._._..._..------- --------._..._..----------------� --._... -----� � 2.41. SEVERABILITY 26 ; ---.._..--- -----..._.....------_.----.....-- --- -----...---..._...._...--- -- --_.... ------------ ------..._..--------------------�---- ------ ----------� � 2.42. SUBCONTRACTING 26 � r--- - -- � -� --- . ._.. - �-�--- ----- - - -- - -...---.. .... .. .... . ------ - -- --- -- -- - - �- ----...- -- -- - - -- - - -� - - ' 2.43. SURVIVAL 27 i -......_._.............. �---....__..__..... --.._......._............._._.....__......-- -� - -- --- --- ...------- ----------- ---- �- -- ----.._. ... - - ----�---- ��, 2.44. TAXES 27 :..- ---...._._..-------- ----------------------------------------------�-----------...----._..__._... .__...._.. _._._.._._. . ._.._.._.....-- ---------- --...._....; ' 2.45. TERMINATION FOR CAUSE/SUSPENSION 27 ! ..----- -----�--....------..._._.._..__...-------------------....-- �---�- --------------------- - -- - ----- -�--- --�--- ------------- i 2.46. TERMINATION FOR CONVENIENCE 27 ; --------- ---------- - -- -----==------- -----------------�-------------- ------..._.._.__.._,........_ � 2.47. TERMINATION PROCEDURES ' � 27 � -.._...-- .. ... ... . .... .............. ....... .. ..... .... .. --�-- - ------ -...-- -- --�-- ----....-- � -- - ............. .... . ............... .. ..�, ; 2.48. WAIVER ��w�sa�. 27 ; ;--------------- ......------------------ �,-,�-,�� ------ -------- - ------------------------; ; 2.49. WORK HOURS AND SAFETY STANDARD�:S�� 28 ; ` -----�-----....------- - - ---=------------- -------._._ ------------------------ ------ -- � --._..._....__..------------------- -- ---...--�- ---�--- -- - — --� � ATTACHMENT I ATTORNEY S CERTIFICATION 29 � � --.._. .. .rt�'-- - - - -�--- _.... -- - - ---- -- --- ------ ...--........ ...... -- --� - - -- --.... _...- -- --- ; ATTACHMENT II FEDERAL AND STATE REQUIREMENTS 31 ; 4......._..---�--� --------------- ------- - --_"iMl►— ------ ------ -- -- —-�- - .........----- --------------, -� -- ---._. ; ATTACHMENT III DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS 33 ' �__....----------------- ----.�...--- --- --- ---------------- --.....: ♦�------ - �M�- .•.-.-. CERTIFICATION REGARDING DEBARMENT, �SPENSION,AND OTHER 35 j : ATTACHMENT IV. '�►, -n , RESRONSIBIL�TY MATTERS --------------- ---- -- _....- -- -- ---- --._. -— � ATTACHMENT V DWSRF ELIGIBLE PROJECT C.•OSTS 37 ; '--------- --- -- - ----...-----�---- --� ---- --- -- - --._.._.._....._:. � ATTACHMENT VI �`BOR STANDARD PR.OVISIONS FOf2 SUBRECIPIENTS THAT ARE GOVERNMENTAL ' ;_ _____ ENTITIES 39 ; ____""'_'""___- _ J � City of Bremerton Page 5 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) � � � City of Bremerton Page 6 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) CONTRACT TERMS AND CONDITIONS DRINKING WATER STATE REVOLVING FUND NEW TRADITIONAL (MUNICIPAL) Part 1. SPECIAL TERMS AND CONDITIONS _ _.. 1.1. DEFINITIONS As used throughout this Drinking Water State Revolving Fund.Loan Contract,the following terms shall have the meaning set forth below: � - � : � A. AWARD YEAR shall mean.the'calendar yeac in which the funds were.awa�ded to the Board for use in making loans under this program. � � - B. "Board"shalt mean the V1lashington State Public Works'Board created in Revised Code of Washington(RCV� 43.155.030,,and who is a Paity to.,the Contract. ' ' " . C. "ContracY'shall,mean.this D�inking Water.State Revolving Fund�Loan: " _ , , ' %� D. "Contractor""shall mean�the Cocal Government.identified on tHe Contract.Face Sheet performing service(s) under this Contract and who is a Party.to tFie Contract, and siiall include�all employees and.agents of the Confractor:. �' .... ., .. _ ... -- . - . E. The"Contract End Date"shall mean the�date the contract expires, This date sHal.l occur in the final year.of the - LOAN TERM unless otherwise amended, as counted from.the AWARD YEAR. .The actual date of contract execution shall have no.effect on tlie Contract End Date. � . � `F. ?`Deferral Period"shall be:from tHe date of contract execution until the d'ate of project completion. The Deferral 'Period shall not ezceed 4 years:in length. `. � � � � , ' , . G. ;'`Depaitment of Commerce"and"Commerce"shall mean the Washington State Department�of Commerce.�, ' H. �"Departmenf of Health"shall mean the Washington State Department of.�Health,�Office.of Drinking;Water,�;who is ' ;the recipient�of 4he Drinking Wa4er State Revolving Fund grant and regulates drinking wafer systems in the ��State of Washington. , � I.. `';Iron'and steel products",are the follo.wing products made primarily,of iron or steel: lined..or unlined pipes and fittings, manhole covers arid other municipal castings,�hydrants�,tanks, flanges; pipe_clamps.and rest�aints, valves;,structural steel, reinforced precast concrete, and construction materials: J. PAYMENT IVtONTH�shall�mean the day.and month of the year in which payments..are due. ' . . . � 1.2. AUTHORITY ;'.. :' . ' . - .... . - • �, Acting under.the authority of.RCW 70.119A.170 and RCW 43.155.040,the Board has�awarded the Contractor a Drinking Water..State�Revolving Fund loan for an approved project. Tfie Contractor will`be a sub-recipient of funds provided by the United States Environmental Protection Agency, CFD.A Number 66.468, Title:Safe Drinking Water State Revolving Fund, award yea[of this contract. "� _ - �. � .... ��. •.. - .:. :--- ,. ... 1.3. PURPOSE � The Board and the Contractor have.entered into this Contract to undertake a,local project that furthers the goals and objectives of the Drink'ing.Water State_Revolving Fund Loan Program.'The.project will be undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The project must be undertaken in accordance_with the loan Program Special Terms and Conditions and all applicable federal, state and local laws and ordinances;including-but not limited to those specifically enumerated in Attachment II: Federal and State Requirements,which by this reference are incorporated into this Contract as though set forth fully herein. 1.4. ORDER OF PRECIDENCE In the event of an inconsistency in this Contract,the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and State of Washington statutes and regulations. City of Bremerton Page 7 DM15-952-026 4127/2015 DWSRF NT Loan Contract(Municipal) B. Special Terms and Conditions including attachments. C. General Terms and Conditions. 1.5. AMOUNT OF LOAN The Board, using funds appropriated from the Drinking Water Assistance Account, shall loan the Contractor a sum not to exceed the amount shown as LOAN AMOUNT on the attached Declarations Page. This loan amount includes a loan fee, if applicable, which is shown on the Declarations Page as LOAN FEE. 1.6. LOAN FEE _ .._. If the loan fee applies, it will be assessed at loan execution. The amount of the loan fee(if applicable) represents one percent(1%) of the loan request and shall not be reduced, regardless of the actual final loan amount at project completion: If the loan.fee applies and the total loan amount is increased by amendment, an additional loan fee equal_to one percent(1%j of the additional loan amount will be assessed at amendment execution. The amount of.any loan fee will be.displayed�on.the Declarations Page as LOAN FEE. - � 1.7. TERM OF LOAN: - , Unless otherwise amended, the term,of�the loan shall not.'exceed the period shown on the Declarations Page as LOAN TERM:The term shall start in.the AWARD YEAR: � � Except as herein provided, under no,circumstances shall the loan`repayment period ezceed 20�years from,the contract execution date. ..' . ' � ' . The loan term may be extended for a disadvantaged community up to 30 years, pro4ided that a�recipient completes loan repayment no later than 30 years after project completion and the term of the loan does not�exceed the., . expected design life of the project. ; . 1.8. :RATE AND LOAN FORGIVENESS ; : ' � � ', The interest rate shall be the declared INTEREST RATE per annum on the outstanding principal balance; based on � a three hundred and sixty(360)day year composed of twelve(12)thirty(30):day moriths.:The amount:of loan' � ; forgiveness (if applicable).shall be as stated on the attached Declarations Page, and identified:4herein as�LOAN ; FORGIVENESS%.'.. If project is.completed.within 24 months of contract execution and includes the�basic interest rate, the interest�rate will be decreased to one percent(1.0%) at project completion. The calculation of interest rate will apply to the r'emaining payments beginning�from the date the Project Completion report is�certified�- This loan forgiveness�shall be-applied at project completion and sliall apply to the lesser of the:loan amount or the actual eligible costs and-that declared percent on any accrued interest. The pe�cent of loan forgiveness and interest rate shall not be changed, rega�dless.of the actual cosf of the project.and the Affordability_Iridex.at p�oject' completion. . . - ; _ `�. �• 1.9. DISBURSEMENT OF LOAN�PROCEEDS AND REQUIRED DOCUMENTATION If funding or appropriation�is not available at the time the..Contractor submits.a request for a.loan disbursement, the issuance of a warrant will be delayed or suspended�until such time funds become available:��Therefore, subject to availability of funds,warrants shall.be..issued to the Contractor fo�.payment of allowable.expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE � � OF WORK. .. _........._ .- The loan funds will be disbursed to the Contractor as follows: Ten percent(10%)of loan proceeds will be held until project"completion:The total Drinking Water State Revolving Fund Loan shall not exceed one hundred-percent(100%)of the actual eligible project costs. When requesting reimbursement for costs incurred,the Contractor shall submit a signed and completed Invoice Voucher(Form A19), referencing the declared SCOPE OF WORK project activity performed, and any appropriate documentation such as bills, invoices, and receipts. The purchase of any land necessary and integral to the project must be included in the declared SCOPE OF WORK and be documented with an appraisal or other market valuation and a valid purchase and sale agreement. The Invoice Voucher must be certified by an ofFcial of the Contractor with authority to bind the Contractor. City of Bremerton Page 8 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) Each A19 Reimbursement Voucher must be accompanied by a Project Status Report,which describes, in narrative form,the progress made on the project since the last invoice was submitted, as well as a report of project status to date. The Department of Commerce(Commerce)will not release payment for any reimbursement request received until the Project Status Report is received.After approving the Voucher and the Project Status Report, Commerce shall promptly release funds to the Contractor. Construction expenses incurred after the date shown as EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT on the Declarations Page are eligible for reimbursement. Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor has met the following conditions: A. Issued a Notice to Proceed which follows the formal award of a construction contract; B. Completed the State Environmental Review Process; C. Complied with all provisions of Section 106:of the N.ational Historic Preservation Act of 1966; D. Complied with Section 1.19: Prevailing=Wage; � E. Obtained approval from the Department of Health of the project report antl related construction documents for all applicable activities described in,the declared.SCOPE OF.WORK; and F. Complied with any�.othe�loan conditions required by Department of Health or TFie Board. An electronic copy(em.ailed PDF or a.FAX).of a signed A19 Reimbursement Voucher..and other required documentation.is the.preferred method for requesting reimbursement. Submit the elect�onic reguests to your Contracts Administration Unit(CAU) representative o�fax to 360-586-8440.,This electronic submittal may be 25 pages or less. If you�choose.to�send,your vouchers and"backup documentation electronically, please DO NOT mail in the original. You will receive email notific.ation from your CAU representative•that the electronic request has been received:� . ` - � � • Commerce•will pay the Contractor upon acceptance of the work perfo.rmed and receipt of properly,completed invoices. Invoices_may.be submitted to Commerce not more often than.monthly.• � -.. ', � , Payment shall be considered timely.if,made by Commerce within thirty(30) calendar.days after receipt of,properly ;completed invoices. Payment shall be sent to the address designated by,tlie Contractor: ' `; - ; `The Board`may, at its sole discretion,withhold payments claimed by the Contractor for services rendered.if the Contractor fails to.satisfactorily comply with any term or condition of this contract: , � � No�payments in advance or in'anticipation of services or supplies to be provided under this.contracf shall be made by tFie Board. _ �In the event that the Contractor receives reimbursement for costs that are later determined by the Board;to be� ineligible;these.funds shall.be repaid to the Drinking Water Assistance Account by payment to.the Departmen4 of Gommerce, or its successor, together with the submission.of the Project Completion Amendment. At the�time�of project completion,the Contractor.shall submit to the Board a Certified Project Completion Request certifying,the total actual project costs,,and a final voucher fo�the remaining eligible funds. Tfie Certified Project Completion Request sFiall include a copy of the Construction Completion Report as submitted to Department of Health. •� � . , y _ , 1.10. TIME OF PERFORMANCE � � � . The Contractor shall begin�the activities identified within the declared SCOPE OF WORK no later than thirty(30) days after Contract,execution:No lafer than eighteen(18)months after Contract execution,the Contractor shall issue a'Notice to Proceed`;which follows,the formal award of a construction contract. The Contractor must reach project completion within�the period specified on the Declarations Page as TIME OF PERFORMANCE. ,- Failure to meet Time of Performance within-the time.frame described.in this section shall constitute default under this Contract,and as a result,this Contract may be terminated. In the event of extenuating circumstances,the Contractor may request, in writing, at least 90 days prior to the expiration of projecf completion date that the Board extend the deadline for project completion.The Board may extend the time of project completion. 1.11. PROJECT COMPLETION AMENDMENT AND THE CERTIFIED PROJECT COMPLETION REPORT The Contractor shall initiate a Project Completion Amendment by submitting a Certified Project Completion Report when activities identified in the declared SCOPE OF WORK are complete and the Contractor agrees that no additional eligible costs will be reimbursed. In the Project Completion Amendment, the Contractor will provide the following information to the Board: City of Bremerton Page 9 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) A. A certified statement of the actual dollar amounts spent,from all fund sources, in completing the project as described in the declared SCOPE OF WORK. B. Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is perFormed. C. A copy of the Department of Health Construction Completion Report as submitted to Department of Health. D. Evidence documenting compliance with audit requirements as referenced in Section 1.27. E. A final voucher for the remaining eligible funds. . _ The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount and term of the loan. _ - - -., . , 1.12. REPAYMENT , " . . -- - _ � . An assistance recipient begins annual repayment of tlie loan no later.than-one yea�after contract execution.The first repayment installment is due on the frst.day of the month shown as PAYMENT MONTH on the Declarations Page. Interest only will be cFiarged for;this first payment if.a.draw is'made prior to..tiiis date.All subsequent payments shall consist of principal,and accrued interest.due.tha.t month of each year during.the.remaining term of the loan. Repayment of 4he loan under this Contract shall include the declared INTEREST.RATE per annum. Interest will begin to accrue from the date.each payment is issued.to the Contr.actor: The final payment shall be on or before the completion�,of the.declared COAN TERM; payable on or before.the.declared.PAYMENT MONTH of,an amount . ,._, , sufficient•to bring the loan balance to'zero. � � The Cont�actor has the right to.repay�the unpaid balance of the loan in full at any time or make accelerated payments . , .. without,penalty. . - • _ - The Contractor-will repay the loan in accordance with the preceding�conditions thro.ugh the use.of a check,',money order;or equivalent means made payable to the Washington State Department of,Commerce,or its successor. ; 1.13. DEFAULT IN REPAYMENT � . Loan repayments shall 6e made in accordance with Section 1.12 of this Contract. A payment�not,-received within;thirty �(30j day,s of the due`date shall'be decla�ed delinquent. Delinquent payments shall be assessed a monthly penalty 'beginning on the;first-(15')day pasf.tlie due date. The penalty will be one percent(1°/a)per month or twelve percent �(12%) per annum of the.delinquent payment amount. These same penalty.terms shall apply if the repayment of•loan funds determined to be�ineligible costs are not repaid within thirty(30)days'as provided for in Section 1;9. , � - , , The Contractor acknowledges and agrees to the Board's right;�upon deliriquency in the payment of any annual�-' installment;�to notify any other entiry,..creditors;or potential creditors.of the Contractor of such delinquency.Contractor shall be responsible for all.legal fees incurred by the Board in any action�undertaken to enforce its rights under;this section.�.. � .. � � ..._ ..._ ... . _ ._ - 1.14. LOAN SECURITY;.. :- ," - - _ �. ` Loan Securi4y.may be�required•as,a performance condition of this contract. If such performance'condition is required it shall be indicated on the attached Declarations Page and identified therein as LOAN SECURITY , • ; , , , CONDITION. ` , The Board grants the Contractor the right to issue future bonds and notes that constitute a lien and charge on the revenue source superior to the lien and.charge of this Loan Contract.� NotFiing in this section shall absolve the Contractor of its obligation to make loan repayments when due;and to adjust rates,fees, or surcharges, if necessary,to meet its obligations under.this Contract. , .. _ . _.. .... 1.15. HISTORICAL AND CULTURAL ARTIFACTS � - ......- . The Contractor acknowledges that the project funded-bjr-this�Contract is subject to Section 106 of the National Historic Preservation Act of 1966. Contractor agrees that Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the State of Washington in relation to any claim related to such historical or cultural artifacts discovered,disturbed, or damaged as a result of Contractor's public works project funded under this Contract. City of Bremerton Page 10 DM15-952-026 4127/2015 DWSRF NT Loan Contract(Municipal) The Contractor agrees that, in no case shall construction activities,ground disturbance,or excavation of any sort, begin until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of 1966,as amended. In addition,the Contractor shall not conduct or authorize destructive project planning activities before completing compliance with Section 106 of the National Historic Preservation Act of 1966, as amended. If historical or cultural artifacts are discovered during construction,the Contractor shall immediately stop construction and implement reasonable measures to protect the discovery site from further disturbance, take reasonable steps to ensure confidentiality of the discovery site, restrict_access to the site, and notify the concerned tribe's cultural staff or committee,Tribal Historical Preservation Officer(THPO), Cultural Resources Program Manager at Washington State Department of Health, and the State's Historical Preservation Officer(SHPO) at the Washington State Department of Archaeology and Historic Preservation(DAHP). If human remains are uncovered, the Contractor shall report the presence and location of the.remains to the coroner and.local enforcement immediately, then contact the concerned tribe's cultural staff o�committee and DAHP. -� The Contractor shall require the above provisions to be contained in all contracts for work,or services related to the declared SCOPE OF WORK. In no case shall construction activities begin until the.Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act.of 1966. � ' In addition to the requirements set forth in this.Contract,the Contracto�agrees to comply with Native American Graves Protection and Repatriation Act; Archaeological Resources Protection Acf, Revised Code of Washington(RCV�27.44 regarding Indian G�av.es and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding-Abandoned and Historic Cemeteries and Historic Graves;and�VVashington Administrative Code(WAC)25- 48 regarding Archaeological:.Excavation and Removal Permits. , 1.16. FEDERAL AND STATE.REQUIREMENTS ' � The Contractor assures-compliance with all applicable federal,state and local laws, requirements;and ordinances as they:pertain to the design, implementation,and administration of the approved project,;including but not limited to,those listed in Attachments II, III, and IV. , ' . � , , � : 1.17.� COMPETITIVE BIDDING REQUIREMENTS , ' � Fursuant to 40 CFR;Section:33.501,(b) and (c),the Contractor also agrees�to create and maintain a;bidders lisf for `:both Disadvantaged`Business Enterprises(DBE)and Non-Disadvantaged Business Enterprises(non-DBE). The purpose�of a bidders list is to p�ovide the recipient and entities receiying identified loans who conduct competi#ive bidding with as`accurate a database as,possible about the universe of DBE and non-DBE prime and subcontractors. The list must include.all firms that bid or quote on prime contracts or bid or quote.subcon.tracts on Environmental Protection Agency assisted�projects, including botfi DBE and non-DBE. The bidders list must be kept at least.until the grarit p�oject period.has expired and the recipient is no longe�receiving Environmental Protection Agency funding under the grant. For entities-receiVing identified loans, the bidders list.must only be.kept untif the p�oject period for the identified'loan'lias ended. The following information must be.obtained:from all prime and � " subcontractors:entity`s:name with point of contact; entity's riiailing address,telephone�number, and e-mail address; the procurement on which the entiry bid or quoted, and when; and,entity's status as a DBE or non-DBE. The Contractor.agrees to provide Environmental Protection Agency Form�6100-2 DBE.Subcontractor Participation and Environmental Protection:Agency Form 6100-3 DBE-Subcontractor Performance to all its.Disadvantaged Business Enterprise subcontractors.`. - The Contractor shall require Disadva.ntaged Business Enterprise provisions are contained in all contracts with any subcontractors for work or services related to the declared SCOPE OF WORK. '. The Contractor shall comply with the:provisions of RCW 43.155.060 regarding competitive bidding requirements for projects assisted in whole or in:part with money from the Drinking VVater State Revolving Fund program. 1.18. ELIGIBLE PROJECT COSTS _. - The Contractor assures compliance with Attachment V: DWSRF Eligible Project Costs,which identifies eligible costs for projects funded by Drinking Water State Revolving Fund loans. 1.19. PREVAILING WAGE These terms supersede the terms in Section 2.31. Prevailing Wage Laws in General Terms and Conditions. All contractors and subcontractors performing work on a construction project funded through this Contract shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: City of Bremerton Page 11 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages"and "Affidavit of Wages Paid"as required by RCW 39.12.040. The Contractor shall maintain records suffcient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for Board's review upon request; or, The Davis Bacon Act,40 USC 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. The Contractor agrees that the Contractor is legally and financially responsible for compliance with the prevailing wage requirements. Contractor is advised to consult the United States Department of Labor and Washington State Department of Labor and Industries websites to determine the federal and State prevailing wages that must be paid. The Contractor shall ensure that all contractors, subcontractors, engineers,vendors, and any other entity for work or services listed in the declared SCOPE OF WORK shall insert in full, in any contract,the labor standards provisions listed in Attachment VI: Labor Standard Provisions for Subrecipients That Are Governmental Entities.Contractor shall report to the Board and/or the Department of Health that this requirement has been met as stated in this Contract. 1.20. FEDERAL EXCLUSION These Terms add to the terms in Section 2.11. Certification Regarding Debarment, Suspension or Ineligibility and Voluntary Exclusion—Primary and Lower Tier Covered Transactions in General Terms and Conditions.The Contractor also agrees to access the Federal Exclusion List at www.sam.gov and provide Federal Exclusion documentation to the Board and to keep a copy on file with the Contractor's project records. 1.21. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR) By signing this Contract,the Contractor accepts the requirements stated in 48 CFR 52.204-7 to register with the Central Contractor Registration(CCR)database at the Svstem for Awards Manaqement(SAM)website. To register in SAM, a valid Data Universal Numbering System(DUNS) Number is required.The Contractor is responsible for the accuracy and completeness of the data within the SAM database and for any liability resulting from the GovernmenYs reliance on inaccurate or incomplete data.The Contractor must remain registered in the SAM database after the initial registration.The Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in SAM to ensure it is current, accurate and complete.The Contractor shall provide evidence documenting registration and renewal of SAM registration to the Board. In the event of the Contractor's noncompliance or refusal to comply with the requirement stated above,the Board reserves the right to suspend payment until the Contractor cures this noncompliance. 1.22. RECORDKEEPING AND ACCESS TO RECORDS These terms supersede the terms in Section 2.36. Records Maintenance in General Terms and Conditions. The Board,the Board's agents, and duly authorized officials of the state and federal governments shall have full access and the right to examine,copy,excerpt, or transcribe any pertinent documents, papers, records, and books of the Contractor and of persons,firms, or organizations with which the Contractor may contract, involving transactions related to this project and this Contract. The Contractor agrees to retain these records for a period of six(6)years from the date that the debt is retired. This includes but is not limited to financial reports. If any litigation,claim or audit is started before the expiration of the six (6)year period,the records shall be retained until all litigation,claims or audit findings involving the records have been resolved. 1.23. REPORTS The Contractor, at such times and on such forms as the Board may require, shall furnish the Board with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Contract incfuding, but not limited to: A. Prevailing Wage decisions and/or changes B. Disadvantaged Business Enterprises utilization C. Project Status Reports with each Invoice Voucher D. Certified Project Completion Report at project completion (as described in Section 1.11) E. Other reports as the Board may require City of Bremerton Page 12 DM15-952-026 4/27I2015 DWSRF NT Loan Contract(Municipal) In the event of the Contractor's noncompliance or refusal to comply with the requirement stated above, the Board reserves the right to suspend payment until the Contractor cures this noncompliance. 1.24. AMENDMENTS. MODIFICATIONS.ASSIGNMENTS,AND WAIVERS Amendments, modifications, assignments, and waivers to any of the terms of this contract supersede those terms as found in the original contract. The Contractor may request an amendment of this Contract for the purpose of modifying the declared SCOPE OF WORK or for extending the time of performance as provided for in Section 1.10. Any revision to the SCOPE OF WORK or location of the project must be approved by the Department of Health. No modification or amendment resulting in an extension of time shall take effect until a request has been received and approved by the Board in accordance with Section 1.10. During the term of this/oan,any change in ownership of the water system(s)improved with funds received by the Contractor under this Contract must be approved in writing by the Board. As a condition of approval, the Board reserves the right to demand payment in full of the outstanding principa/balance of the loan. No conditions or provisions of this Contract may be waived unless approved by the Board in writing. No waiver of any default or breach by any party shall be implied from any failure to take action upon such default or breach if the default of breach persists or repeats. 1.25. TERMINATION FOR CAUSE These terms supersede the terms in Section 2.44.Termination for Cause/Suspension in General Terms and Conditions. If the Board concludes that the Contractor has failed to comply with the terms and conditions of this Contract, or has failed to use the loan proceeds only for those activities identified in the declared SCOPE OF WORK, or has otherwise materially breached one or more of the covenants in this Contract, the Board may at any time, at its discretion, upon notice to the Contractor,terminate the Contract and/or its attached agreements in whole or in part and declare the entire remaining balance of the loan,together with any interest accrued, immediately due and payable in full. Such Notice of Termination for Cause shall be in writing, shall state the reason(s)for such termination, and shall specify the effective date of the termination. The effective date of the termination will be determined by the Board. Such notice shall inform the Contractor of the breach of the relevant covenant and shall allow the Contractor at least thirty(30) business days to cure such breach, if curable. The notice shall instruct the Contractor that, if the breach is not cured or cannot be cured within thirty(30) business days,the outstanding balance of the loan shall be due and payable. If this Contract is so terminated,the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. Nothing in this section shall affect the Contractor's obligations to immediately repay the unpaid balance of the loan as prescribed in the Washington Administrative Code(WAC)246-296-150. 1.26. TERMINATION FOR CONVENIENCE These terms supersede the terms in Section 2.45.Termination for Convenience in General Terms and Conditions. The Board may terminate this Contract in the event that federal or state funds are no longer available to the Board, or are not appropriated for the purpose of ineeting the Board's obligations under this Contract. The Board shall notify the Contractor in writing of its determination to terminate and the reason for such termination. The effective date of the termination will be determined by the Board. If this Contract is so terminated, the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. Nothing in this section shall affect Contractor's obligations to repay the unpaid balance of the loan. 1.27. AUDIT These terms supersede the terms in Section 2.10.Audit in General Terms and Conditions. The Board reserves the right to require an audit of this project. The Contractor is responsible for correcting any audit findings. The Contractor agrees to refund to the Board all disallowed costs resulting from the audit. Audit costs are allowable expenses within this Contract. Municipal and Not-For-Profit entities: Audits of the Contractor's project activities may be conducted by the State Auditor Office(SAO). Audit costs are eligible project costs. The Contractor shall maintain its records and accounts so as to facilitate the audit City of Bremerton Page 13 DM15-952-026 4/27I2015 DWSRF NT Loan Contract(Municipal) requirements of the Board or its successor. The Contractor is responsible for any audit findings incurred by its own organization. The Board reserves the right to recover from the Contractor all disallowed costs resulting from the audit. For audits of fiscal years beginning after December 26, 2014, Contractors expending $750,000 or more in any fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with 2 CFR §200.501 —Audit Requirements." For audits of fiscal years beginning prior to December 26, 2014, Contractors expending $500,000 or more in any fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with existing Federal audit requirements: For-Profit entities: - . Audits must include a report on the internal control�elated to the federal program,which should describe the " scope of testing of the internal control a.nd the results of the tests: � The audit also must include a report on compliance,which includes an opinion (or:disclaimer of opinion) on whether the auditee�complied with laws, regulations and the provisions of.the award agreement that could have a direct and material effect on the federal program. , : • The Contractor must send a copy of any required audit Reporting Package as described in existing Federal audit requirements for audits,of fiscal years beginning prior to December 26, 2014,.or 2 CFR.§200:512—Report Submissibn,for audits of fscal`years beginning afterDecember.26; 2014, no later.than nine(9) months after the , . . , . ,... , end of the Contracfor.'s fscal year(s)to: • �. ; Departmenf of..Commerce - ATTN: Public Works.Board � � , , �� F:O. Box 42525 - � 1011:Ptum-Street SE - -.. ' , ' Olympia WA 98504-2525 . � , � 1 , ; . ' In ad'dition to sending a copy.of the.audit,when applicable,the Contractor must include: - ; � i. � ■: � Corrective action�plan for audit findings within three (3) months of the audit:being received by,the Board;.; � : , . , ■' � Copy of the Management Letter. : . ' ; . , .. -- 1.28. .PROJECT'SIGNS _ 'If the Contractor displays, during the�period covered by this Contract, any signs or markers identifjring those entities participating financially in the approved p�oject,the sign or marker musf identify the Washington State Rublic Works Board.Drinking Water•State Revolving Fund and the Washington Sfate Department of Health as participants;in the project,`,. . . � - ._. _ _ ... 1.29. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS . As mandated by the Environmental Protection Agency, the Contractor agrees to comply with the requirements of the Environmental Protection Agency's Prog�am for Utilization.of•Small, Minority, an.d Women's Business Enterprises in procurement under;this Contract.The Cbntracto�.is required�to follow the requirements identified in Attachment III: Disadvantaged Business Enterprise Reguirements. �, � By signing this Contract,the Contractor accepts the applicable MBEMBE fair share objectives/goals negotiated with Environmental Protection Agency..by the Washington State Office of Minority,and Women's Business Enterprises. The Contractor attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment;in the same or.similar relevant geographic buying market as Washington State Office of Minority and Women's Business Enterprises:The goals for the utilization of disadvantaged businesses are stated in Attachment III: Disadvantaged Business Enterprise Requirements. .. . � The Contractor is required to furnish the Board and the Department of Health with such periodic reports as the Department may request pertaining to the utilization of disadvantaged businesses. ' 1.30. NONDISCRIMINATION PROVISION During the perFormance of this contract,the Contractor shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW,Washington's Law Against Discrimination, and 42 USC 12101 et seq, the Americans with Disabilities Act(ADA). City of Bremerton Page 14 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) In the event of the Contractor's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy,this contract may be rescinded, canceled,or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Board. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. The Contractor must also include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK: "The Contractor shall not discriminate on the basis of.race, color, national origin or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach,of this Contract which may result in termination of this Contract." � : .. .. _ . . . 1.31. PROHIBITION STATEMENT _.... . . Pursuant to Section,106 of the Trafficking Victims Protection,Act of 2000, as amended;.the Contractor's contractors, subcontractors, engineers, vendors, and any other entity shall complv with and include the followinq terms and conditions in afl contracts fo[work or services.listed in the declared SCOPE OF VVORK: "All forms of trafficking..in persons,,illegal sex trade, or forced labo�practices are prohibited in the performance of this award or subawards under the award,.or in any manner'during-the period of�, time that the award is in effect. This prohibition applies to you as the recipient,,your employees, �,��, ` subrecipients under this award, and subrecipients'employees." , , If any term`of this section is violated;this contract may be terminated:... - 1.32. ;FALSE, INCORRECT, OR INCOMPLETE.INFORMATION OR CLAIM '. " ' �The Contractor warrants that tlie Contractor neither has submitted nor sliall.submit any information tHat is'materially �false;incorrect, or incomplete to the'Board. , � ' The Contractor is advised that providing false,fictitious, or misleading information with respect to the receipt and ; disbursements of Enviro.nmental Protection Agency funds is basis for criminal, civil, or'administrative fi�nes and/or penalties. . : .- . .. 1.33. :LITIGATION �, � . . � � The`Contractor warrants that there is no threatened or pending-litigation;�investigation, or_legal action before`any court; arbitrator, or admin'istrative agency that, if adversely determined,would liave a_materially adverse effect on the Contractor's ability to repay;the.loan. '. : , , ; _ ;� 1.34. ESTABLISHMENT OF'ADEQUATE RATES AND RESERVES The Contractor agrees to provide a resolution'adopting rate increases, capital assessments, or both,for the services of the system�that shall be sufficient to provide funds which, along with`other revenues of the system,will pay all operating expenses.and�debt repayments during the term of the loan. In addition,the Contractor shall create, fund, and maintain reserves,at�least as required by the 1Nater System Plan or Small Water Sysfem Management Plan. The Board reserves the,right, at any,time, to request proof of compliance�of these requirements from the Contractor. � � _ . ., ., .. .. .... _ . .... 1.35. SPECIAL CONDITIONS ' .. - - ` - " If SPECIAL CONDITIONS are listed on.the Contract Declarations Page.theri these conditions are herein incorporated as part of the terms and requirements of this contract:.:"�- " 1.36. INVESTMENT GRADE AUDIT �-- ---- : For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public works facility for which energy efficiency is obtainable, Contractor must undertake an investment grade audit per ESHB 1497. Costs incurred as part of the investment grade audit are eligible project costs. 1.37. BUY AMERICAN None of the funds made available to the Contractor shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in City of Bremerton Page 15 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) the project are produced in the United States. This requirement applies to the entire project receiving a loan agreement executed after January 17, 2014. Buy American does not apply to a project if the Department of Health approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to January 17, 2014. Waiver of the Buy American requirement may be considered if: 1) compliance would be inconsistent with the public interest; or 2)the particular iron and steel products are not produced in the United States in sufficient and reasonably available quantities and/or the particular iron and steel products are not of a satisfactory quality; or 3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. For consideration, a request�for�a�waiver must be submitted to the Environmental Protection Agency(EPA). Contractors shall submit th��ver request to��erce,which will then submit the request to EPA. EPA will post the waiver request and any other information available to EPA concerning the waiver request, on EPA's public Internet website and allowifor informal public inputton the request for at least 15 days prior to making a finding based on the�que�Tih_'e�full text of the Buy Americ;a�nfr`equirements appear at H.R. 3547, Consolidated Appropriations Act, 2014�� ,,;� � , � _ � � •'� .�. ..w ;.. - . ��,r � �!'� City of Bremerton Page 16 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) Part 2. GENERAL TERMS AND CONDITIONS 2.1. DEFINITIONS As used throughout this Contract,the following terms shall have the meaning set forth below: A. "Authorized Representative"shall mean the Public Works Board Chair and/or the designee authorized in writing to act on the Chair's behalf. B. ""Board"shall mean the Washington State Public Works Board created in Revised Code of Washington (RCV11) 43.155.030, and which is a Party to the Contract C. Contractor"shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. D. "Modified Total Direct Costs (MTDC"shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first$25,000 of each subaward (regardless of the period of pertormance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of$25,000. E. "Personal Information"shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health,finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. "State"shall mean the state of Washington. G. "Subcontractor"shall mean one not in the employment of the Contractor,who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor"and "subcontractors"mean subcontractor(s) in any tier. 2.2. ADMINISTRATIVE COST ALLOCATION Administrative costs that may be allowed are set forth in the Specific Terms and Conditions. Administrative services shared by other programs shall be assigned to this Contract based on an allocation plan that reflects allowable administrative costs that support services provided under each Contract administered by the Contractor. An approved current federal indirect cost rate may be applied up to the maximum administrative budget allowed. 2.3. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.4, ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 2.5, AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.6. AMERICANS WITH DISABILITIES ACT(ADA)OF 1990, PUBLIC LAW 101-336.ALSO REFERRED TO AS THE "ADA" 28 CFR PART 35 The Contractor must comply with the ADA,which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 2.7. APPROVAL This contract shall be subject to the written approval of the Board's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. City of Bremerton Page 17 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) 2.8. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Board. 2.9. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs. 2.10. AUDIT � -- A. General Requirements Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its.records and accounts so as to.facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. . ' The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors:� : ". , .. . ', The Board:reserves the right to recover from the Contractor all disallowed costs resulting from the audit. �. . � . - As applicable, Cont�actors required to have an audit must ensure.the audits are performed in accordance with Generally Accepted Auditing Standards(GAAS); Governmenf Auditing Standards,(the..Reyised Yellow Book) developed by the Comptroller General. _ . � . , . _. . . .. , . . . Responses to any unresolyed management find'ings and disallowed or questioned costs shall be included with the;audit report. The Contractor must respond.to the Board requests for information or corrective action�•. ,•. concerning audit�issues within thirty(30)days of the date bf request:. `B. Federal Funds Requirements-OMB Circular A-133 Audits of States. Local Governments and Non=Profit ; : Orqanizations : � � ' . ' � Grantees expending $750,000 or more in a fiscal year(that begins after Decemb'er�26, 20,14) in federa�l funds ;from all sources,-direct and indirect, are required to have an audit conducted in accordance�with 2 CFR Part 200.. For:fiscal yea�s beginning..prior to December 26, 2014, Grantees are required.to hav.e an audit conducted in accordance with Fede�al audit requirements.When state funds are�also to be paid under this Agreemerit a 'Sch�edule of State Financial Assistance as well as the required schedule of Federal Expenditure must be � `� included. Both schedules include:•, - , , , , - . _. ' Grantor agency name ; � . .. ..... ... .... Federal agency �. , -� F.ederal prog�am name":" . , - - -. - ,- Other identifying�contract numbers , � - - - . • � � Catalog of Federal Domestic Assistance(CFDA) number(if applicable) .., - � Grantor contract number ' Total award amount including!amendments (total grant award) ` Current�year expenditures �: , - � • . , � -- -- . , If the Contractor is a state or local government entity;the Office of the,State Auditor shall conduct the audit. Audits of non-proft organizations are to be conducted by a certified public accountant selected by the Contractor in accordance with OMB Circula�A-110"Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education,_Hospitals, and Other Non-Profit Organizations." The Contractor shall�include tlie above audit requirements in any subcontracts. In any case, the Contractor's�financial records must be available.for review by the Board. C. Documentation Re4uirements The Contractor must send a copy of any required audit Reporting Package as described in OMB Circular A-133, Part C, Section 320(c) no later than nine(9) months after the end of the Contractor's fiscal year(s) by sending a scanned copy to auditreviewCa�commerce.wa.qov or by sending a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street PO Box 42525 City of Bremerton Page 18 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) Olympia WA 98504-2525 In addition to sending a copy of the audit,when applicable,the Contractor must include: • Corrective action plan for audit findings within three(3) months of the audit being received by the Board. • Copy of the Management Letter. 2.11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION—PRIMARY AND LOWER TIER COVERED TRANSACTIONS A. Contractor, defined as the primary participant and if principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: 1. Are not presently debarred, suspended; proposed.for debarment, declared ineligible, or voluntarily excluded from covered transactions:'by..any Federal department or agency. - .. ._ 2. Have not within a three=jrear period preceding this contract, been convicted of or had a civil judgment rendered against fhem for commission-of fraud oc,a criminal offense in connection with obtaining, attempting to'obtain;..or perForming a public or.private agreement or transaction; violation of Federal or State antitrust statutes or commission of embezzlement,tfieft,forgery, bribery,,falsification or destruction of records, making false statements,tax evasion; receiving stolen property, making false claims, or obstruction of justice; ... _.._. . ,- 3. Are not presently,indicted for or�otherwise criminally or.civilly charged by a governmental entity(federal, state;or local)with commission of any.of.the offenses enumerated in paragraph(1)(b),of this section; and, 4.,',Have not virithin.a three-year period preceding the signing,of this contract had one or more public .. transactions(federal, state, or:local)terminated for-cause of default.-� , - B. Where,the Contractor is unable.to-certify to any of the statements in.this contract,:the Contractor.shall attach an ` explanation to this contract. � , . , . , , C. ;The Contractor agrees-by signing this contract that it shall not knowingly enter into any lower tier covered` • : ;transa�ction witFi a person who is debarred, suspended, declared ineligible, o�voluntarily'excluded from ` , , participation in this covered transaction, unless authorized by the Board.� - � " , D. The Cont�actor further�agrees bjr signing this contract that it will include the clause fitled "Certification'Reg"arding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower.Tier Covered Transaction,"as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered� � transactions:.._.. - _ , .. . _.. , • - � .: _._..._. . , LOWER TIER COVERED TRANSACTIONS , a)�`;,The..lower tier.confractor.certifies, by signing:this contract that neitlier it,nor its principals is presently deba�red, suspended�,•proposed for debarment, declared ineligible; or voluntarily excluded from participation in.this transaction by any Federal department or agency. � . b) Whe�e the�lower tier contractor is unable to certify,to any of the statements in.this contract, such contractor shall attach an explanation to this,'contract. . .. . • '. � . • '� . E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal;and voluntarily.excluded, as.used.in this section, have'the meanings set out in the Definitions and Coverage sections of the.rules implementing Executive Order 12549. You may contact the Board for assistance in..obtaining a-copy of these regulations. � 2.12. CODE REQUIREMENTS - � . All construction and rehabilitation projects must satisfy fhe requirements of.applicable local, state, and federal building, mechanical, plumbing,fire, energy.-and barrier-free codes..Compliance with the Americans with Disabilities Act of 1990, 28 C.F.R. Part 35 will be�equired, as specified by the local building Department. 2.13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information"as used in this section includes: 1. All material provided to the Contractor by the Board that is designated as"confidential"by the Board; 2. All material produced by the Contractor that is designated as"confidential"by the Board; and City of Bremerton Page 19 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and"Protected Health Information"under the federal Health Insurance Portability and Accountabiliry Act of 1996(HIPAA). B. The Contractor shall comply with all state and federal laws related to the use, sharing,transfer, sale, or disclosure of Confidential Information.The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share,transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Board or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request,the Contractor shall provide the Board with its policies and procedures on confidentiality. The Board may require changes to such policies and procedures as they apply to this Contract whenever the Board reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Board. Upon request, the Contractor shall immediately return to the Board any Confidential Information that the Board reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shail notify the Board within five(5)working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 2.14. CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 2.15. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire"as defined by the U.S. Copyright Act and shall be owned by the Board. The Board shall be considered the author of such Materials. In the event the Materials are not considered"works for hire"under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right,title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Board effective from the moment of creation of such Materials. "Materials"means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership"includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract,the Contractor hereby grants to the Board a nonexclusive, royalty-free, irrevocable license(with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Board. The Contractor shall exert all reasonable effort to advise the Board, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide the Board with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Board shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 2.16. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 2.17. DISPUTES Except as otherwise provided in this Contract,when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of the Board,who may designate a neutral person to decide the dispute. The request for a dispute hearing must: City of Bremerton Page 20 DM15-952-026 4/27I2015 DWSRF NT Loan Contract(Municipal) • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and, • be mailed to the Director and the other party's (respondenYs) Contract Representative within three(3)working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5)working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days.The Director or designee may extend this period if necessary by notifying the parties. ... . . ... - .. .. The decision shall not be admissible in.any.succeeding judicial.or�quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties'choice of a mutually acceptable alternate dispute resolution(ADR) method in addition to the dispute hearing p�ocedure outlined above. 2.18. DUPLICATE PAYMENT. , . - " . The Contractor certifies that work to�be performed under this contract does not-duplicate any work to be charged against any other cont�act, subcontract, or other source. , � 2.19. ETHICS/CONFLICTS.OF INTEREST ; - • , , � In performing under this Contract, the Contractor shall assure compliance with the Ethics in.Public Service Act (Chapter 42.52 RCV�and any other.applicable state or federal law related to ethics or conflicts of interest. ; 2.20. �GOVERNING LAW AND VENUE . : ; ' . ' ' ; . �This.Contr.act shall be.construed and interpreted in accordance with the laws of the state of VNashington,`and the ; venue of any action brought hereunder shall be in the Superior Court for Thu,rston County: ; ' : 2.21: INDEMNIFICATION ,' �•, ' . - � ; To the fullest extent permitted,by law, the Contractor shall indemnify,;�defend, and hold harmless the state.of ,'� Washington,the Board;all'other agencies of the state and all office�s, agents,and employees of the state, fro.m and against all claims or damages for injuries to persons or property o�death'arising out of or incident to the: Gontractor's`performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes�any,.claim by the Cbntractor's agents, employees, representatives, or any Subcontractor or its agents, employees;or-representatives. _ . The Cont�actor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies,.employees and officers: Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor,the Board,the state of Washington, its officers, employees and authorized agents.` • . � The Contractor waives its immunity unde�,Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or.employees.. � 2.22. INDEPENDENT CAPACITY OF THE CONTRACTOR - _.. � . The parties intend that an independent contractor relationship will be.created by this Contract. The Contractor and its employees or agents performing under�this Contract are not employees or agents of the State of Washington or the Board. The Contractor will not hold itself out as or claim to be an.offcer or employee of the Board or of the State of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 2.23. INDIRECT COSTS If statutorily allowed and if the Contractor chooses to charge Indirect under this grant, the Contractor shall provide their indirect cost rate that has been negotiated between their entity and the Federal Government. If no such rate exists a de minimis indirect cost rate of 10% of modified total direct costs (MTDC)will be used. City of Bremerton � Page 21 DM15-952-026 4/27/2015 OWSRF NT Loan Contract(Municipal) 2.24. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law,The Board may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Board may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Board under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L8�1) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. . 2.25. LAWS _ The Contractor shall comply with all applicable laws, ordinances,.codes, regulations, and policies of locat, state, and federal governments, as now or hereafter amended, including, but not limited to: United States Laws, Requlations and Circulars (Federap �. A. Audits . , _ Office of Management and Budget(OMB):Revised Circular A-133"Audits of States, Local Governments, and Non-Profit Organizations:" � � � � B. Environmental Protection and Review � =- - � � . Coastal,Zone Management Act of 1972, 16 US.C.§§1451-1464HUD's.implementing,regulations at 24 CFR parts 50 or 58; as appropriate.. ' , �. , - . . , Lead Based�Paint Poisoning Prevention.Act,42 USC 4821=4846 also 24.CFR 982:401(j). . `. • : National Environmental Policy Act of 1969,42 USC4321 et seq. and the,lmplementing Regulations'of 24.CFR ' 58.(HUD) and 40 CFR 1500-1508(Council on Environmental Quality) Residential,Lead-Based Paint Hazard �,� Reduction Act of 1992,:42 USC 4851-4856. � 'C. .Flood Plains . . � : ' � ; , �Flood Disaster.Protection Act,of 1973,42 USC 4001-4128. ' � � D. Labor and Safety Standards � � � � `All Rental Units�Assisted with Federal Funds Must Meet the Section 8.Housing Quality Standards (HQS) and '. . �Local��Nousing Code'Requirements for the duration of the Affordability Period. ' Convict.Labor;-18 USC 751, 752;4081;4082. , , ` � Davis,Bacon Act,40 USC;276a-276a=5.. � - " - � Drug-Free Workplace Act of 1988, 41 USC 701.et seq. " Federal Fair Labor Standards Act, 29 USC 201 et seq: - - . � Work Hours and Safety Act bf 1962, 40 USC 327-330 and Department of Labor Regulations, 29 CFR Part 5. Title IV of the Lead.Based.Painf Poisoning Prevention Act,42 USC 4831,, 24 CFR Part 35., , E. Laws against Discrimin.ation � �' ' , Age Discrimination Act of 1975, Public Law.94-135, 42 USC 6101-07,45 CFR Part 90 Nondiscrimination in Federally Assisted Programs.. .. � - - Americans with Disabilities Act of�1990,.Public Law 101-336.. . Equal Employment Opportunity, Executive Order 11246, as amended.by Executive Order 11375 and supplemented in U.S. Department of:.Labor Regulations,41 CFR Chapter 60. Executive Order 11246, as amended by EO 11375, 11478; 12086 and 12102. Fair Housing Act(42 USC 3601-19) and implementing regulations at 24 CFR part 100.Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8. Fair Housing, Title VIII of the Civil Rights Act of 1968. Public Law 90-284,42 USC 3601-19. Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 USC 793. Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 USC 794. Minority Business Enterprises, Executive Order 11625, 15 USC 631. Ciry of Bremerton Page 22 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) Minority Business Enterprise Development, Executive Order 12432,48 FR 32551. Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). Nondiscrimination in Benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 USC 2002d et seq, 24 CFR Part 1. Nondiscrimination in Employment,Title VII of the Civil Rights Act of 1964, Public Law 88-352. Nondiscrimination in Federally Assisted Programs. Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246,42 USC 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60. Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR 570.607(b)). F. Office of Management and Budget Circulars Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part 225. Cost Principles for Nonprofit Organizations, OMB Circular A-122, (if the Contractor is a nonprofit organization). Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102, (if the Contractor is a local government or federally recognized Indian tribal government). Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110. G. Other Anti-Kickback Act, 18 USC 874;40 USC 276b, 276c; 41 USC 51-54. H.R. 3547, Consolidated Appropriations Act, 2014. Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1,Vol. 54, No. 243\Wednesday, December 20, 1989. Hatch Political Activity Act, 5 USC 1501-8. Lobbying and Disclosure,42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti-Lobbying Amendment). 31 USC 1352 provides that Contractors who apply or bid for an award of$100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 USC 1352. Each tier must disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Non-Supplanting Federal Funds. Section 8 Housing Assistance Payments Program. H. Privacy Privacy Act of 1974, 5 USC 522a. I. Relocation Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 and implementing regulations at 49 CFR part 24. Section 104(d) of the Housing and Community Development Act of 1974 and the implementing regulations at 24 CRF part 570. Washinqton State Laws and Requlations A. Affirmative Action, RCW 41.06.020 . B. Boards of Directors or OfFcers of Non-Profit Corporations—Liability- Limitations, RCW 4.24.264. C. Disclosure-Campaign Finances-Lobbying, Chapter 42.17 RCW. D. Discrimination-Human Rights Commission, Chapter 49.60 RCW. E. Ethics in Public Service, Chapter 42.52 RCW. F. Affordable Housing Program, Chapter 43.185 RCW G. Interlocal Cooperation Act, Chapter 39.34 RCW. City of Bremerton Page 23 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) H. Noise Control, Chapter 70.107 RCW. I. Office of Minority and Women's Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. J. Open Public Meetings act, Chapter 42.30 RCW. K. Prevailing Wages on Public Works, Chapter 39.12 RCW. L. Public Records Act, Chapter 42.56 RCW. M. Relocation Assistance-Real Properry Acquisition Policy, Chapter 8.26 RCW. N. Shoreline Management Act of 1971, Chapter 90.58 RCW. O. State Budgeting,Accounting, and Reporting System;Chapter 43.88 RCW. P. State Building Code, Chapter 19.27 RCW and Energy-Related Building Standards, Chapter 19.27A RCW, and Provisions in Buildings for Aged and Handicapped Persons;Chapter 70.92 RCW. Q. State Coastal Zone Management Program Section 309 Assessment and Strategy(Publication 01-06-003), Shorelands and Environmental Assistance Program,Washington State Department of Ecology. R. State Environmental Policy, Chapter 43.21 C RCW.- , • - S. State Executiv.e 0rder 05-05,Archeological and Cultural'.Resources. : 2.26. LICENSING.ACCREDITATION�AND REGISTRATION' - . '• ; The Contractor shall comply with all applicable local, state,and federal licensing, accreditation and registration requiremerits or standards necessary for the performance of this Contract. .- . 2.27. LIMITATION OF AUTHORITY � . - - . � Only tfie Authorized Representative'or Autho�ized Representative's,designee:by writing(designation fo be made p�ior to action) shall have the express;implied, or apparent authority to�alter;"amend;modify, or waive any clause or condition.of this Contract: - � , � , , , 2.28. LOCAL"PUBLIC TRANSPORTATION COORDINATION , . ; _. ' . ' � Where applicable,Contractor shall participate in local public transportation forums and.implement strategies � ; designed to ensure access to services. � � , , , .. ; � , 2.29: NONCOMPLIANCE WITH NONDISCRIMINATION LAWS - ' , �During the performance'of this Contra.ct, the Contractor shall comply with all federal, state, and local : �nondiscrimination laws,,regulations and policies. In the event of the Contractor's non-compliance-or refusal to.` comply with any nondiscrimination law;regulation.or policy,this contract may be rescinded;canceled orterminated in whole or in part, and the Contractor may.be decla�ed-ineligible for further..contracts with the Board. Tlie ,"; Contractor�shall, however, be.given a reasonable time in which to cure this noncompliance.Any dispute may be , . : ... resolved in accordance with tfie"Disputes"procedure set forth herein. , 2.30. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES.: , The Contractor shall p�ovide all tenants, if:any,with information outlining tenant rights and responsibilities under the Washington State Landlord Tenant laws,Title 59,�.Revised Code of 1Nashington: -. ,. The Contractor shall also provide all occupants of property acquired with U.S. Department of Housing and Urban Development(HUD)funds notice regarding their eligibility for relocation assistance. Such notices will be provided as required by the Uniform Relocation Assistance and Real Properry Acquisition Act of 1970, as amended and referenced in 49 CFR parf24 and Section 104(d) of the Housing.and Community Development Act of 1974, as amended and referenced in 24 CFR 570 and noted in HUD's Handbook No. 1378. Notifications will include but not be limited to: -- • General Information Notice • Notice of DisplacemenUNon-Displacement �� - - 2.31. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. City of Bremerton Page 24 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) 2.32. PREVAILING WAGE LAWS All contractors and subcontractors performing work on a construction project funded through this agreement shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages"and "Affidavit of Wages Paid"as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for the Board's review upon request; or The Davis Bacon Act,40 USC. 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the_performance shall be paid wages at rates not less than those prevailing on similar construction in the lo.cality as determined by the Secretary of Labor. 2.33. PROCUREMENT STANDARDS FOR FEDERALLY-FUNDED PROGRAMS A Contractor which is a local government or Indian.Tribal,government must establish procurement policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this Contract. A Contractor which is a nonprofit organization shall.establish procurement policies in accordance with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies;.for all purchases funded by:fhis Contract. � � � . The Contractor's procuremenf system should include af least the following: -'� - 1. A code�or standard of conduct that shall govern the performance of its�office�s,.employees, or agents engaged - in the awarding of.contracts using•federal funds: - -- . • , � . 2. Procedures that ensure all procurement transactions shall be conducted in a.manner to provide,.to tFie �. ' maximum extent practical, open and free competition. , ,� . � � �3. �Minimum procedural requirements, as follows: , a. �Follow"a procedure to.assure the avoidance of purchasing unnecessary�or duplic.ative items. ; ; : � b. !Solicitations.shall be.based,upon a clear and accurate description of the technical requi�ements of the : � ;procured items. ` i � � � . � , . c. 'Positive efforts shall be made to use small and minority-owned businesses. � � : �d. The type of procu�ing�instrument(fixed price, cost reimbursement) shall be determined by-the Contractor, ; , but must.be_appropriate for the,particular_procurement and for,promoting the..best interest of the'program involved. - - - - � e. Contracts shall be made only with reasonable subcontractors who possess the potential abiliry�to perform `.successfully under the terms and conditions,of the proposed procurement. f. Some form of price or cost analysis.�should be performed in connection with�every procurement action. g. Procurement�ecords and files for purchases shall include all.of.the following: ' - . 1) Contractor selection or�ejection. ' _ 2) The.basis for the cost:or price. 3) Justification for lack of competitive bids if offers are.not o.btained�:. - " h. A system for contract administration to ensure_Confractor conformance with terms, conditions and specifications of this Contract;and to ensure adequate and.timely follow-up of all purchases. 4. Contractor and Subcontractor must receive prior approval from the Board for using funds from this Contract to enter into a sole source contract or a contract where only one bid.or proposal.is received when value of this contract is expected to exceed.$5,000. � � - Prior approval requests shall include a copy of proposed con4racts and any related procurement documents and justification for non-competitive procurement, if applicable. 2.34. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however,that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. City of Bremerton Page 25 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) 2.35. PUBLICITY The Contractor agrees not to publish or use any advertising or publiciry materials in which the state of Washington or the Board's name is mentioned, or language used from which the connection with the state of Washington's or the Board's name may reasonably be inferred or implied,without the prior written consent of the Board . 2.36. RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws,federal laws, and/or the provisions of this contract,The Board reserves the right to recapture funds in an amount to compensate the Board for the noncompliance in addition to any other remedies available.at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Board. In the alternative, The Board may recaptu�e.such funds from payments due under this contract. 2.37. RECORDS MAINTENANCE. � The Contractor shall maintain all.books,•records;documents, data and other.eviderice relating to this Contract and performance of the secvices.described�herein;including.but not limited to accounting procedures and practices which sufficiently,-and properly,reflect all direct and indirect costs of any nafure eicpended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation; claim o�audit is.started before the expiration of the six.(6)year.period,.the records shall be retained � until all litigation;claims, or,audit findings involving.the records have been finally resolved. .._ , . 2.38. REGISTRATION WITH DEPARTMENT.OF REVENUE _ � ' • . If requir.ed by law,4he Contractor shall complete registration with the Washington $tate Department of,Revenue. 2.39. RIGHT OF INSPECTION ' . At no additional cost all records relating to the Contractor's perforrriance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Board,the Office�of the State Auditor, and'federal and state officials so authorized by law, in order to monitor and evaluate performance,,compliance, and quality assurance � under tliis,Contract. The Contractor shall provide access to its facilities for this purpose. � ; , 2.40.. SAVINGS'. ' ' ; In the e'vent funding from state,federal, o�other sources is withdrawn, reduced, or limited in any way after the � ;effective;date of this Gontract and prior to normal completion, The Board,.mayterminate the Contract,under tFie "Termination for Convenience",clause;without the ten business"day notice requirement. In lieu of termination;the Cont�act may be amended to reflect the new.funding limitations and conditions. - - --- . ,�. 2.41. SEVERABILITY - - � , If any pro.vision of this Cont�act or�any provision of any document inco�porated by reference.shall be held invalid, such invalidity shall not.affect the other provis,ions of this.Contract,that can be given effect without,the invalid provision, if such remainder conforms to the requirements of law and`the fundamental pu�pose of�this Contract and to this end the�provisions of this Contact are declared to be.seve�able. .. � , 2.42. SUBCONTRACTING � - The Contractor may�on.ly.subcontract work contemplated under this Contract•if it obtains the prior written approval of the Board. . ,.._ ..... .. , . .. _.. If the Board approves subcontracting, the Contracfor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts.�For cause, the Board in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or.(c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Board if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the Board for any breach in the perFormance of the Contractor's duties. Every subcontract shall include a term that the Board and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. City of Bremerton Page 26 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) 2.43. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.44. TAXES All payments accrued on account of payroll taxes, unemployment contributions,the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 2.45. TERMINATION FOR CAUSE/SUSPENSION In event the Board determines that the Contractor failed to comply with any term or condition of this Contract, the Board may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall be deemed "for cause."Termination shall take effect on the date specified in the notice. In the alternative,the Board upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective-action time period,the Board may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow the Board to terminate the Contract upon written notice to the Contractor. "Termination for Cause"shall be deemed a"Termination for Convenience"when the Board determines that the Contractor did not fail to comply with the terms of the Contract or when the Board determines the faiture was not caused by the Contractor's actions or negligence. If the Contract is terminated for cause,the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract(i.e., competitive bidding; mailing, advertising, and staff time). 2.46. TERMINATION FOR CONVENIENCE Except as otheruvise provided in this Contract, the Board may, by ten (10) business days written notice, beginning on the second day after the mailing,terminate this Contract, in whole or in part. If this Contract is so terminated,the Board shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.47. TERMINATION PROCEDURES After receipt of a notice of termination,except as otherwise directed by the Board,the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract; C. Assign to the Board all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Board has the right, at its discretion,to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Board; and D. Preserve and transfer any materials, contract deliverables and/or the Board property in the Contractor's possession as directed by the Board. Upon termination of the Contract,the Board shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Board may withhold any amount due as the Board reasonably determines is necessary to protect the Board against potential loss or liability resulting from the termination. The Board shall pay any withheld amount to the Contractor if the Board later determines that loss or liability will not occur. The rights and remedies of the Board under this section are in addition to any other rights and remedies provided I under this Contract or otherwise provided under law. 2.48. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any � waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Board. City of Bremerton Page 27 DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) 2.49. WORK HOURS AND SAFETY STANDARDS The Contract Work Hours and Safety Standards Act(40 USC 327-333)-Where applicable, all contracts awarded by recipients in excess of$100,000 for construction and other purposes that involve the employment of inechanics or laborers must include a provision for compliance with Section 102 and 107 of the Contract Work Hours Safety Standards Act(40 USC 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each subcontractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than.l %Z times the basic rate of pay for all hours worked in excess - of 40 hours in the work week. Section 107_of the Act is applicable.to construction work and provides that no laborer or mechanic is required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not_apply to the purchases-of supplies or materials or articles ordinarily available on the open market, or.contracts for transp.ortation ortransmissibn of intelligence. - - _ .. , , , , . . _ ; : . . ; , , , % , ;' . �� . , , . . ', . ... '� ,. . , ..., _ .. _. . . , � : ; ,, , , .. , . , � • , ; � . . ---.. , , ' .. . : , ' � ' , ; . ; . � � `, ' � _.. _. ' ' � , . - � , � . -� _ + i �� - , � , � � , , ; : , , . . , ; , . . ; , ; .. _ ` ,' - . ' " � 1 . ,` _ ._. ... . . � i .- , ._ . . .. . . . , , .. . . ....'.--..'-.--..._.._..._ _... � . . . �• . . . � . . . . � ., ..---�-� -. . �� . . ' • . i . _ . !. / i ; ; _._...._ ' i -.... _ .. � ,_ ,.�,'. _., _.. City of Bremerton Page 28 DM15-952-026 4/27I2015 DWSRF NT Loan Contract(Municipal) ATTACHMENT I: ATTORNEY'S CERTIFICATION DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) City of Bremerton DM15-952-026 I, � ', hereby certify: -. I am an attorney at law admitted to practice in the State of,Washington:and�the.duly appointed attorney of the Contractor identified on the Declarations Page of the Contract idenfified.above; and. I have also examined any and all documents and reco�ds;which are perfinent.to the,.Contract; including the application requesting this financial assistance. , _.._, � � , , ,. . Based on the foregoing, it is my opinion that: � . °. �. 1. The Contractor is a public body, properly constituted and operatin'g under the laws of the State`of . Washington, empowered to receive and expend federal, state.and�local funds, to contract with the State of Washington; and to receive and expend the funds involved to accomplish the objectives set fortfi�,in their application.. ' ' . . ' _ . ;; 2. The Contractor is,•empowered to accept the Drinking Water State Revolving�Fund fnancial assistance and to;provide for repayment of the loan as set forth in the loan agreement.� _ . .. : � , _ '�.. ' . ' i 3. There�is currently no litigation in existence seeking to enjoin the commencement or completion of the. ' above=described public facilities project or to enjoin the Contractor�from repaying the Drinking WaterState Reyolving�Fund loan"extended by the Public Works Board with,respect to such_project. The Contractor is not a party to litigation; which will materially affect its ability,to repay such loan"on the terms:contained in the loan;agreement. . � � , � , - -- --. , , 4. Assumption�of this obligation would not exceed,:statutory and adminisfrative rule debt limitations applicable . _, , to the Contractor. � , - � Signature of Attorney , Date � . Name . ; . , Address -- City of Bremerton Page 29 Attachment I:Attorney's Certification DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) , , , . , - ,- " % - . _ -- __ . � , `• --- � i� , - .- - �- j \ __. � , ... � ; ' � ' - _--- - ., � . - .. ',' ; . . , . _ ..... ._ f .. . . .. .. � .. ... _ . .. . . . , ... '' .:'....._. � .. � �� i . .. . ..._... .._ . . . . .� . .... ... .. . ' .- . . ��! i . . � �� ' i' � '�� : I� ' •,�1� ,� i . • - . '.... ..... � . . . � .. . �� '•�1'.i � . , ..''"' ' . , . � � � ' � , i . i �' � , � . . . � ! � � j � . ! . ' . . . . i �- • . � i 1 i �� . . � , _'__' ' ' ; , � � , . ; � � . : ' _ , . , , ; . . � '� �'. . _ . , , ; . � , , . � . . { ' . 1� .. � - � � i i'� ;�: .. , .��, , .� .• : ` � ; �, i '� �. .;� /�� .. � , : � � . :'� _...., � , � � ', �� ; � �' --'� • �� ,.._ ... .._ .. /: i , . . . .. .,. �. , . . . . , _, .. ,. � �.� . , . . . . ., J' ti � � . . . . . .._.. :'' � .�� '_""" . .... . " ' � , � , .: \ . . . �. � . . _ ... �. ��, . �. . � : : .• . � .' I �. � _ . . . . : . � : . .. . . . �� , . i ' , i � � . . . . � } . . : .. . . . . . ' . " _.... . � . � _.. _ i i . . . . . , ;: \ • , . . ' ��. .___ '_ '_ _" _ _'_ '� . .. . . _. ."". ' / f . � ' , � . . . . ��/I \ / %, i' .. . ..... - . (, ' . . . f ' . �' ... .... � ' � � ' .� . . � . � ..... ........ ' \ City of Bremerton Page 30 Attachment I:Attorney's Certification DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS 1) Environmental Authorities a) Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended b) Clean Air Act, Public Law 84-159 as amended c) Coastal Zone Management Act, Public Law 92-583 as amended d) Endangered Species Act, Public Law 93-205 as amended e) Environmental Justice, Executive Order 12898 fl Floodplain Management, Executive Order 11988 as amended by Executive Order 12148 g) Protection of Wetlands, Executive Order 11990 h) Farmland Protection Policy Act, Public Law 97-98 . i) Fish and Wildlife Coordination Act, Public Law 85-624 as amended . . j) National Historic Preservation"Act of 1966, Public Law 89-665 as�amended�.: ., k) Safe Drinking Water Act;.Public Law 93=523 as amended I) Wld and Scenic Rivers Act, Public Law 90-542 as amended � 2) Economic and Miscellaneous Authorities -: ,� . a) Demonstration Cities and Metropolitan Development Act of 1996, Public Caw 89-754 as amended, Executive Order 12372 � � b) Procurement Prohibitions,under Section 306 of the Clean air Act and Section 508,of tlie Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and"the Federal Water Pollution Control Ac with Respect to Federal Contracts, Grants,,or Loans. ._ ... � , c) Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended . � � d) Debarment and Suspension, Executive Order 12549 � e); H.R:3547, Consolidated Appropriations Act, 2014. , 3) Social Policy Authorities , � � ; . � a) Age Discrimination Act of 1975,.Public Law 94-135 ' , b) Title VI of the Civil Rights Act of 1964, Public Law 88-352 � � c), Section 13 of the Federal Water Follution Control Act Amendments of 1972, Public Law 92-500 (the�Clean Water Act) , , � �. � . ' d). Section 504.of the Rehabilitation.Act of 1973, Public Law 93-112(including Executive Orders 119.14 and 11250) e) ' Equal Employment Opportunity, Ezecutive Order 11246 " , ;' : '; fl�.. Dis'advantaged Business Enterprise; Public Law 101-549 (the Clean.Air Act), and Public Law 1,02-389:(the Clean ,.Wafer Act) --- . : � , . _ _ ___ __ . .. - g) �Section 129 of the Small Business Administration Reauthorization and Amendment�Act of 1988, Public Law 100- 590`, . - - 4) State Laws., � , . � - , a) Chapte�.,36.70A RCW,-Growth Management Act � • b) Chapter 39.80 RCW,�Contracts for Architectural and Engineering Services ' . c) Chapter 39.12 RCW,1Nasliington State Public Works Act � � .. _ .... •. ,, d) Chapter 43.20 RCW, State Boa�d of Health ' .. ' ' e) Chapter 43.70 RCW, Department'of Health. _ _.. � , � .._. �. fl Chapter 43.155 RGW, Public Works Project - ; � g) Chapter 70.116 RCW, Public Water Systems Goordination Act of 1977-. h) Chapter 70.119 RCW, Public Water Supply Systems Certification and Regulation of Operations i) Chapter 70.119A RCW, Public�Water Systems; Penalties&Compliances.:..� " j) Chapter 246-290 WAC, Group_A Public Water Systems _ . k) Chapter 246-291 WAC, Group B.Public Water Systems - . I) Chapter 246-292 WAC,Waterworks Operator Certification Regulations m) Chapter 246-293 WAC,Water Systems Coordination Act n) Chapter 246-294 WAC, Drinking Water Operating Permits o) Chapter 246-295 WAC, Satellite System Management Agencies p) Chapter 246-296 WAC Drinking Water State Revolving Fund Loan Program q) Chapter 173-160 WAC, Minimum Standards for Construction&Maintenance of Wells r) Title 173 WAC, Department of Ecology Rules s) Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations (Section Adopted by Reference) City of Bremerton Page 31 Attachment II: Federal and State Requirements DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) -� ..• , _.... � , . , , .. .. , � � . .... � . � ` . , � :, _ •`� . ; . ,• . , �,, �. �, , , , . , , -—. ;.: ., . . . .. � . . .. . .._. ... ' . � ,, ' � � ' . , . ,�, , ��, — ; �.` , . . . _ , , , . , -.. ,. . _ . , , ; .. . . . , _ — —-- _ '� , — `�. , , , , , _. .. , ..... _ __. _. . .. - ,� . _. , . , _..— -—-— - —�— — — ' , ,: , ; . ' __..... , ' � • • — —. ... . � � ,. ; ; ; , ; ; , , � s ; ' ' i , j ...__., � � � i , ' . . . i• . . -..._. .. : . �, • . i i ,\ _ , , . . , . , . , - , : : . , ....... _._... . _ .._ . . , ..: . , �; �` � ' �....-- - � `` � .. _ .----- r � � � .. . � � . i, . ; . . � . . , . .. . , . . . . � ... .. --- ....._ ..... ... .,, ' � ' . � r' . _. i� . ' ;� _ ....._ .... ' • _". , j� , � ' ' i� . .'." � . �i � �.... .., i: '1 , 1 . ._..... . '•.\ � ; City of Bremerton Page 32 Attachment II: Federal and State Requirements DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS GENERAL COMPLIANCE,40 CFR, Part 33 The Contractor agrees to comply with the requirements of Environmental Protection Agency's Program for Utilization of Small, Minority and Women's Business Enterprises (MBENVBE) in procurement under this Contract, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES,40 CFR, Part 33, Subpart D The following are exemptions from the fair share objective Requirements: • Grant and loan recipients receiving a total of$250K or less in EPA financial assistance in a given fiscal year. • Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B. o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular Area recipients. • Recipients of Technical Assistance Grants. The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA Office of Minority Women Business are stated below. Construction 10% MBE 6%WBE Su lies 8% MBE 4%WBE E ui ment 8% MBE 4%WBE Purchased Services 10% MBE 4°/a WBE By signing this Contract,the Contractor is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as WA Office of Minority Women Business goal is being adopted. SIX GOOD FAITH EFFORTS,40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301,the Contractor agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub- recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall include: A. Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. B. Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules,where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty(30) calendar days before the bid or proposal closing date. C. Consider in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients,this will include dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. D. Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. E. Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. F. If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in paragraphs A through E above. City of Bremerton Page 33 Attachment III: DBE Requirements DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) MBEIWBE REPORTING,40 CFR, Part 33, Sections 33.502 and 33.503 Contractor is required to submit MBE/WBE participation reports to the Board and/or the Department of Health, on a quarterly basis, beginning with the Federal fiscal year reporting period the Contractor receives the award and continuing until the project is completed. CONTRACT ADMINISTRATION PROVISIONS,40 CFR, Section 33.302 The Contractor agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. The Contractor agrees to require all general contractors to.provide.forms: EPA Form 6100-2 DBE Subcontractor Participation Form and EPA Form 6100-3 DBE Subcontractor Perfo�mance Form to all its Disadvantaged Business Enterprise subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK. These two(2)forms may be obtained from the EPA Office of Small Business Program's website on the internet at http://www.epa.qov/osbp/qrants.htm. , The Contractor agrees to require.all general contractors to complete and submit to the Contractor and Environmental Protection Agency EPA Form 6100=4 DBE Subcontractor Utilization Form beginning with the Federal fiscal year reporting period the Contractor receives the�award and.continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a Contractor's MBEMBE accomplishments.:. BIDDERS LIST,40 CFR,Section 33.501(b)and (c) � The Contractor.is also required to create and maintain a bidders list if the Contractor of the loan:is subject,to, or:chooses to follow, competitive bidding requirements: Please see 40 CFR;�Section 33:501 (b) and(c)for specific requirements and exemptions. � . - . - _ . �, Section.33.501(b) of the rule is:as follows: ;- . . A recipient'of a.Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also'must require entities receiving idenfified loans.to.create and maintain a bidders list if the recipient of the loan is subject to, or choose.s.to follow, competitive bidding requirements:The purpose of a bidders list is to provide.the recipient and entities receiving;identified loans who conduct competitive bidding with as accurate a database as possible about the univer.se of:MBFJWBE,and non- MBENVBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote on subcontracts underiEPA assisted projects; including both MBE/WBEs. ' . - - - The bidders list must be kept until the grant.project period has expired and the.recipient is no longer receiving EPA I fundin under the. rant. For�entities receivin identified loans,the bidders list must be ke t until the ro'ect period for the 9 9 9. P P. 1 , identified loan lias ended.The following information mus.t be obtained from all prime and subcontractors: � , t -- - , - (1) Entiry's name.with point of contact;' _ � . : , (2) Entity's mailing address,telephone number, and e=mait address; , (3)The procurement.on which the entity bid.or quoted; and when; and � (4) Entity's status as a MBE/WBE'. or.non-MBE/WBE. . .. The exemption found at§33.501(c) is as follows: ; . • _ � A recipient of an EPA.financial assistance agreement.in the amount of$250,000'or less for any single assistance agreement, or of more than one financial assistance agreement-with a combined total of$250,000 or less in any one fiscal year, is exempt from the paragraph (b) of fhis sectiorr requirement to_create'and maintain a bidders list.Also, a recipient under the CWSRF, DWSRF; or BCRLF Program is not re.quired to apply-the paragraph (b)�of this section bidders list requirement of this subpart to an entity receiving an identified loan in an amount of$250;000 or less, or to an entity receiving more than one identified loan:with a combined total of$250,000 or less in any one fiscal year. This exemption is limited to the paragraph (b)of this.section bidders list requirements of this sutipart. � 'Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office of Minonty and Women's Enterprises at 360-7041181 City of Bremerton Page 34 Attachment III: DBE Requirements DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS �,�RA Unitetl States \ Environmental Protection Agency EPA Pro�ect Control Number United States Environmental Protection Agency Washington,DC 20460 The prospective participant certifies to the best of its knowledge and belief that it and the principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or local)transaction or contract under a public transaction:violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for otherwise criminally or civilly charged by a government entity(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local)terminated for cause or default. I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to$10,000 or imprisonment for up to 5 years, or both. Typed Name&Title of Authorized Representative Signature of Authorized Representative Date � I am unable to certify to the above statements. My explanation is attached. EPA Form 5700�9(11-88) Ciry of Bremerton Page 35 Attachment IV:Certification Regarding Debarment DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) � ::��,'.`'�s.*:�,�,r'a�:''�; � _ ��'�'�l; ;.�a�;s+��:. City of Bremerton Page 36 Attachment IV:Certification Regarding Debarment DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS Must be directly attributable to the project. Employee benefits must be calculated as a 1. The costs for complying with the Uniform Relocation percentage of direct labor dollars.The Assistance and Real Property Acquisition Policies computation of predetermined percentage rates Act of 1970. to be applied to current labor costs must be 2. DWSRF loan fees. based on the average of total employee benefits and total labor costs for the prior fiscal year and 3. The purchase of a portion of another system's adjusted by known current year variations. capacity, if it is the most cost effective solution c. Other than work identified in Number 9.a, no (limited to publicly owned (municipal)systems). costs associated with labor performed by the 4. Construction of reservoirs(clear wells)that are part borrower's employees, including force account of the treatment process and are collocated with the work, are eligible for financing assistance. treatment facility. 10. Contract engineering, planning,design, legal, and 5. Construction of distribution reservoirs(finished financial planning services.The Board reserves the water), right to declare ineligible legal costs that are 6. Cost associated with restructuring or consolidation of unreasonable and disproportionate to the project. existing water systems by publicly owned water 11. Contract construction work. systems. 12. Direct vehicle and equipment charges at the actual 7. Main extensions to connect to safe and reliable rental cost paid for the equipment or, in the case of sources of drinking water. city or county-owned equipment, at the rental rates 8. Cost associated with collecting and preparing established by the local government's"equipment environmental assessment documents to obtain local rental and revolving fund"following the methods permits. prescribed by the division of municipal corporations. 9. Direct labor including related employee benefits: However, such costs must be charged on a uniform basis to equipment used for all projects regardless of a. Salaries and wages(at actual or average rates) the source of funding.Cities with a population of covering productive labor hours of employees of eight thousand or less not using this type of fund are the borrower(excluding the administrative allowed the same rates as used by the State organization of the operating unit involved)for Department of Transportation. periods of time actively or incidentally engaged in pre-design engineering, design engineering, 13. Direct materials and supplies. construction engineering, acquisition of rights of 14. Other direct costs incurred for materials or services way, and the cleaning, sterilization or acquired for a specific project are eligible costs and bacteriological testing of water system may include, but are not limited to such items as: components prior to public use.The costs of a. Telephone charges. services rendered by employees generally b. Reproduction and photogrammetry costs. classified as administration/project management c. Video and photography for project of the loan are considered a direct cost only documentation. when such employees are assigned the types of d. Computer usage. services described above and shall be limited to e. Printing and advertising. 3%or less of the project loan amount. 15. Other project related costs include: b. Employee benefits relating to labor are . Competitive Bidding. considered a direct cost of construction projects. Audit. The following items may be included as � employee benefits: • Insurance. F.I.C.A. (Social Security)�mployer's share. • Prevailing wages. ' • Attorney fees. . Retirement benefits. . Environmental Review. • Hospital, health, dental, and other welfare . Archaeological Survey. insurance. Water system plan costs are not eligible for • Life insurance. reimbursement. Small water system management I • Industrial and medical insurance. program and plan amendments costs are eligible for . Vacation. reimbursement. • Holiday. • Sick leave. Projects may be designed to accommodate reasonable • Military leave and jury duty. growth.This is generally the 20-year projection included in the system's water system plan or small water system management program. City of Bremerton Page 37 Attachment V: DWSRF Eligible Project Costs DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) Y.��;�.,�o`':h43i�-+Y.Td.�C,s�„��S: . �� . � ,t � ` y. � .� . . ` �[ . . �� '.� .. . . . . . �5�. y�� • ..��:� ..� ..,V� S�' .. ��:'�y�_,!�'R�P��/IWqR+"•��- ��. City of Bremerton Page 38 Attachment V: DWSRF Eligible Project Costs DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2013(P,L. 113-6) Preamble With respect to the Clean Water and Safe Drinking Water State Revolving Funds, EPA provides capitalization grants to each State which in turn provides subgrants or loans to eligible entities within the State. Typically, the subrecipients are municipal or other local governmental entities that manage the funds. For these types of recipients, the provisions set forth under Roman Numeral I, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients' compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section 3(ii)(A), below and for compliance as described in Section I-5. Occasionally, the subrecipient may be a private for profit or not for profit entity. For these types of recipients, the provisions set forth in Roman Numeral II, below, shall apply. Although EPA and the State remain responsible for ensuring subrecipients'compliance with the wage rate requirements set forth herein, those subrecipients shall have the primary responsibility to maintain payroll records as described in Section II-3(ii)(A), below and for compliance as described in Section II-5. I. Re4uirements Under The Consolidated and Further Continuinq Appropriations Act, 2013(P.L. 113-6) For Subreciaients That Are Governmental Entities: The following terms and conditions specity how recipients will assist EPA in meeting its Davis-Bacon(DB) responsibilities when DB applies to EPA awards of financial assistance under the FY 2013 Continuing Resolution with respect to State recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of Commerce. If a State recipient needs guidance, they may obtain additional guidance from DOL's web site at http://www.dol.qov/whd/. 1. Applicability of the Davis-Bacon (DB) prevailing wage requirements. Under the FY 2013 Continuing Resolution, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revotving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Subrecipients shall obtain the wage determination for the localiry in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation)for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open,the subrecipient shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date(i.e. bid opening)for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient. (ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall monitor www.wdol.qov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.qov into the ordering instrument. (c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. City of Bremerton Page 39 Attachment VI: Labor Standards Provisions DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) (d) As provided in 29 CFR 1.6(fl, DOL may issue a revised wage determination applicable to a subrecipienYs contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs,the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The subrecipienYs contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. 3. Contract and Subcontract provisions. (a) The Recipient shall insure that the subrecipient(s)shall insert in full in any contract in excess of$2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in§ 5.1 or the FY 2013 Continuing Resolution, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents thereo� due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in§5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor's web site,www.dol.gov. (ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient(s)to the State award official. The State award official will transmit the request,to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor,Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative,will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor,the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for City of Bremerton Page 40 Attachment VI: Labor Standards Provisions DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative,will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs (a)(1)(ii)(B) or(C)of this section, shall be paid to all workers perForming work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided,that the Secretary of Labor has found, upon the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obtigations under the plan or program. (2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor,withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers,employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract,the(Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis-Bacon Act,the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicab�e programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient,that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i),except that full social securiry numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee(e.g.,the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at h�://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA,the State,the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s). (B) Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: City of Bremerton Page 41 Attachment VI: Labor Standards Provisions DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) (1) That the payroll for the payroll period contains the information required to be provided under§5.5(a)(3)(ii) of Regulations, 29 CFR part 5,the appropriate information is being maintained under§5.5(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic(including each helper, apprentice, and trainee)employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available,the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees-- (i) Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually perFormed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually perFormed. Where a contractor is perForming construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office,withdraws approval of an apprenticeship program,the contractor will no ionger be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is City of Bremerton Page 42 Attachment VI: Labor Standards Provisions DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) not registered and participating in a training plan approved by the Employment and Training Administration shail be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1)through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and Subrecipient(s), State, EPA,the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract,the contractor certifies that neither it(nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. 4. Contract Provision for Contracts in Excess of$100,000. (a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs(a)(1), (2), (3), and (4)of this section in full in any contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award O�cial or an authorized representative of the Department of Labor, shall withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be City of Bremerton Page 43 Attachment VI: Labor Standards Provisions DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1)through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1)through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen,working on the contract. Such records shall contain the name and address of each such employee, social securiry number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further,the Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the(write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification (a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees)to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence." (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable,the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department of Commerce and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.qov/contacts/whd/america2.htm. City of Bremerton Page 44 Attachment VI: Labor Standards Provisions DM15-952-026 4/27/2015 DWSRF NT Loan Contract(Municipal) AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase and installation of Study Session Date: 5/27/15 required pofice equipment in five 2015 Ford COUNCIL MEETING Date: 6/03/15 Interceptors Department: PW&U Presenter: Jim Orton Phone: 473-5359 SUMMARY: Council approved the purchase of five Ford Interceptor Utility vehicles earlier this year; this agenda bill is to request authorization to have the required police equipment installed into them. The City of Bremerton utilizes Systems for Public Safety Inc. of Lakewood Washington for the installation of this equipment. The total cost of the installs is $54,126.41 including Washington state sales tax. ATTACHMENTS: 1) Quote from Systems for Public Safety Inc. #028266 FISCAL IMPACTS (Include Budgeted Amount): Funding available and budgeted in the ERR 510 fund. STUDY SESSION AGENDA: �x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Approve the purchase and installation of the required police equipment by Systems for Public Safety Inc. of Lakewood, WA, for a total cost of$54,126.41 including Washington state sales tax. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01l07l15 , ' Systems for Public Safety Inc. 8909 South Tacoma Way Lakewood,WA. 98499 Phone-253-983-1103 Fax-253-983-1101 Safety is Our Business ESTIMATE #: 028266 Print Date:5/1/2015 City of Bremerton 2�15 Ford-Police Interceptor Utii'i1y-3.7L,V6(227Ci) 100 Oyster Bay Ave. N Lic#: -WA Odometer In:0 Bremerton,WA 98312 Unit#: Odometer Out:0 VIN#: CustID: 11 Ref#: Hat#: Pe�t Desc�l lon I Number Labor Daec�l tlon � Optciom Inatalletlon Bracket Kit Install listed Emergency Equipment and Lighting. DKWSKT Install customer suppUed remote mount CDM1250 Siren,WHELEN-Projector Series Speaker w/Bracket �dfo with extemal speaker,795H dash mount SA315P opticom unR,TAM83(mod'dy)and laptop mount and docking station with all necessary cables. WHELEI�Vertex-LED-Blue Installed light bar front comer vertex hide-a-way leds,rear red and -teil light leds blue hide-a-way leds,side cege ion leds,side 1/4 window ion leds, VTX6098 activated dealer installed wig�wag leds set,installed arrow stick(see Vertex Hide-A-Wey LED,Red notes below),surtace mount ion leds to licesense plete area -teil light leds Wired in leds from deeler instelled push bumper,tnstalled reoessed VTX609R iront�rtition and cargo partiUon,radio mounting box to bedc of Whelen VerUex Hide-A-Way LED;WhRe ��'90 cage and dual rifle rack into recess panel Installed Aedec prisoner seat with center pull belta. VTX809C Installed power distribution,mourded in radio box and set b two hour ION Slim LED,redlblue time down Installed SPS Plug N Play Utility wire hamess. -2 U4 window Installed CenCom siren emplifier body to redio trey and control head IONJ to console.Wrote and trensferring cusMm program to accomodate 2013 Ford IMerceptor Utilit�r Standard Console,21 �e precise and custom vehide lighdng specificatlons to include rear C-VS-i308-INUT hatch open kil4 tail light led kill in reverse,siren park kill,opticom park kill,lightbar comer door open kilL Inatalled 100w siren speaker Havis Dual Cup Holder in grill C-CUP2-I Installed customer supplied Motorola CDM1250 remote mount radio, Armrest For Top Mount,Console,Large Pad bridc to radio box and head to console.drilled roof for anbenna C-ARM-103 mounGng and ran RG58 cable to radio bridc.Inatalled computer GPS er�tenna as well Able 2 Triple Accessory Outlet Installed Ciamber Johnson laptop stand floor plate for fleet shop i4 0553 upper transfer,and stubbed out power for dodcing station SW Parti�on with Recess Penel 8 Sliding Window �nstalled Havis console,with artn rest,and cup holder. 10VSlRP instelled supplied 792 infrared opticom emitter and hooked up to push bumper mounted strobe tube. Single Vertical Weapon MounUng System-Duel instelled two fleshlights one on each of side of prisoner cage. Adjustable Stubbed out power for sector printer. ' 1 LG lock for AR, , Installed map Ifght to console and priosner light to badc of cage at SVWMSA roof height to illuminate prisoner containment erea(activated with #12VS 2ND COATED POLY PARTITION cargo 12-14 steering wheel controls). INTERC Instelled supplied battery charger to left front wheel well interior PK03161TU122NDA1 panel.Added secondary rifle release to console, Interceptor Utility Prisoner Seat,Aedec wth Center out Disabled door chimea Seat belts and ready buckle kit on partition. Ran exVe wiring for fleet shop. SUVIC1313 Radio Mounting Box fior Interceptor Utility "Cut and rebuilt supplied TAN683 trai8c advisor,build custom AK1040RADI0 mouMing bredcet with redar entenna bradcet to ettach.remove Shipping on Equipment outside amber module end replece with 1 red and 1 blue for end Freight flashers.To achieve hatch open traffic edvisor light kill,tied into hatch switch wiring;required relay.To ache'nre tail light led kill,tied Power Distribution Unit into reverse lights. p3 "Pre wired for mirror beams;fished wiring through driver and SPS INUT Plug N Play Wire Namess passenger doors and into mirror housing. 1106-INUT Log Equipment Srd� Install customer supplied radar system. NMO KR 17ft Installed customer supplied redar system with front and rear Page 1 oi 2 lumpSumEsl Copp�ipM(e)2075 MItC�ell Repelr IMmmatlon Compeny,LLC 8.20.14Jd Clty of Bremerton 2015 Ford-Police Interceptor Utility-3.7L,V6(227CI) S00 Oyster Bay Ave.N Lic#: -WA Odometer In:0 BremeRon,WA 98312 Unit#: Odometer Out:0 VIN#: Cust ID: 11 Ref#: Hat#: `PaR Deeari Uon 1 Number Labor Desc�iptlon � 5 antennes as we as spee signa 3"Round Compertrnent Light,RedlWhite Ordered off State Contract: -prisoner light -PB450L4 lighted push bumper Request Center Strobe Tube Setina 3SRCCDCR -LH SpoUigM Mep Light; RedlWhite with Dimmer 18"goosenedc -Front IighUng solutlon w!leds installed -window bartiers-door skins CA0130 �nirror beams 2314-088-049 Ford Explorer(201'�2014),TauruslTaurus X(200�2014), Required Functiona SedaNUtil'�t PI(2012 2014)Floor Plate -opticom and siren park kill 7180-0350 -door chime dfsable 30/40 AMP Relay -2 spare 14ga red wire leads 73980 -hom ring circuit connected -pre-wire breke IigM cut 9"lower Pole -door open kills side of lightbar DS-LOWER-9 -traffic advisor cut when rear hatch is opened SPS Pigtail Hamess -Radar unit shall have speed signal input instelled 1107-PIGTAIL •1 vehide ahall heve a used Lojedt tredcing device installed into it Shop Supplies •No door chime irom factory on Utilit�r Customer Supplied LigM bar/Siremn Amp/GTT OpUcom Install Low Jadc Invoice Low Jack (Techniclens:Pl�se Select,TechniGan;Holland,Brian 789 789;Calibo; Note:All Parts and Labor included in Total Estimate: 9,895.14 �sit Us Onlfne:wwwsystemslorpubllcsafety.com �' 2 � I hereby authorize the above repair work to be done along with the necessery material and hereby grant you andlor your employeea pertnission to aperate the vehicle described tor tes8ng ar�dlor inapection E�ress mechaMc's Ilen ia hereby adcnowledged on ebove vehiGe to secure the amount oi repairs thereto. SMOG:1 underatand that I cen have emission service er�dlor edJustments done elsevrhere.I hereby waive this Aght TEARDOWN ESTIMATE I imderstand that my vehicle will be reassembled wilhin days of the date shawn above H I choose not to authorize the aervfce recommended PJI Parts removed will be discarded unless InsWcted olhen�ise: Seve all PeRs.NOT RESPONSIBLE FOR LOSS OR DAMAGE TO CARS OR ARTICLES LEFT IN CARS IN CASE OF FIRE,THEFT OR ANY OTIIER CAUSE Signature Date Time Page 2 of 2 UanpSimiEet CopyAgM(e)2015 Mitdietl Repab IMo�netlon Colryeily.LLC 8.�0.74Jd AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Award of Public Works Study Session Date: 5/27/15 Agreement for the Oyster Bay Facility COUNCIL MEETING Date: 6/3/15 Pervious Asphalt Parking Lot Department: PW&U Presenter: Wayne Hamilton Phone: 473-5207 SUMMARY: Call-For-Bids was prepared, distributed and received in accordance with City Bid Procedures for the Oyster Bay Facility Pervious Asphalt Parking Lot. Two (2) bids were received. The low bidder is Lakeside Industries, Inc. Issaquah, WA. ATTACHMENTS: 1) Public Works Agreement; 2) Proposal; 3) Site Map FISCAL IMPACTS (Include Budgeted Amount): This is a budgeted item in the 2015 CIP STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award the Agreement for the Pervious Pavement Parking Lot located at the Public Works 8� Utility facility at Oyster Bay from Lakeside Paving of Issaquah, WA, in the amount of$75,064.75 which does not include 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 PUBLIC WORKS AGREEMENT � THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Lakeside Industries, INC. ("Contractor"), whose mailing address is PO Box 7016, Issaquah,WA 98027. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Work of this contract includes: • Remove approximately 600 yards of existing soils to the lower parking lot (2,625 sq. ft.) and the upper lay down area (8,610 sq. ft.) and dump on site. Supply and placement of pervious asphalt per City standards and installation of 204 feet of extruded concrete curbing. Project location: Public Works & Utilities Complex, 100 Oyster Bay Avenue N. Bremerton,WA. All construction work shall be complete including perForming such incidental or other work as may be necessitated by these operations. 2. TIME OF COMPLETION. Contractor shall complete the work within 90 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $75,064.75, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainaqe. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 6028 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 PUBLIC V1'ORKS AGREEME\T—Page 1 uf 9 (Between the City of Bremerton and Lakeside Industries,INC.) 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's 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. Final Pavment: Waiver of Claims. THE ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF 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 for convenience or 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. 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. PUBLIC WORI�S AGREEMEVT—Page 2 of 9 (Between the Cih�of Bremertoo and Lakeside lodustries,INC.) 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 8� 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. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. 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 b�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; 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. PUBLIC WORI�S AGREEME�IT—Page 3 oi9 (Between the City of Bremcrton aod Lakeside Industries,INC.) 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 Dutv 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 Chanqes. 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 ifl no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) PUBLI('VVORICS AGREEMEVT—Page 4 of 9 (Between the City of Bremerton aod Lakeside Industrics,INC.) calendar days from the date 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. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, 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 WORI{S AGREEMENT—P•rge S of 9 (Betw'een the Cih•of Bremertou aod Lakeside Industries,INC.) Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liabilitv 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 the 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, sexual orientation, sex, national origin, or the presence of any sensory, ' mental, or physical disability, 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 Pl?BLIC WORI�S AGREEMEVT—Page 6 of 9 ' (Between the Cin�of Bremerton and Lakcside Industries,l\C.) local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the perFormance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Non-waiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises befinreen the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attornev's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assiqnment. Any assignment of this agreement by the Contractor without the written consent of the Ciry shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severabilitv. 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. PUBLIC WORICS AGREEME�IT—Page 7 of 9 (Behveen the City of Bremerton and Lakeside Industries,INC.) K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. PUBLIC WORKS AGREEMEVT—Page 8 of 9 (Between the City of Bremerton and Lakeside Industries,1NC.) IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Title: Title: DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Chris Mottner Inventory/Facilities Supervisor Public Works and Utilities 100 Ovster Bav Ave N Bremerton.WA 98312 (360) 473-2316 (360) 473-5360 (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk PUBLIC�'VORKS AGREE;I9ENT—Page 9 ot 9 (Between t6e City of Bremerton and Lakeside lodustries,INC.) ` � T.Au�:SIDE INDUSTRIES, INC. "AN EQUAL OPPORTUNITY EMPLOYER" WYE? P.O.BOX.7016 15SAQUAH,WA 98027 Phone(425)31�2600 Fax(425)313-2620 PROPOSAL/CONTRACT AGREEMENT Port Anecic�Uivisioii PU Rnc 72R, Port Angcics. WA 9R3fi2 ji50)4;2_7Rf1± fax(3(f11�t57-7c)3? CONTRACTING PAR7Y Date: May 1,2015 �oe No. Attentio�: Chris Mottner LOCATIONBTYPE oF woaK: City of Bremerton Maintina�ce Facilities �__ _ � r Pervious Pavement Install ___.__ � _ . _ _ _.___—._ Oyster Bay Rd•_Bremerton Approximate Unit of - Bid Itam Quanlity Measure Oescriptlon Unit Price Total Price Mobilization Lum sum $ 2,432.00 Remove approx. 600 yards of existing svils to . parking Iots-(2,623 sq..ft.)8�(8,614 sq. ft.)and dump on site. Place Marafi fabric on scarified. subgrade and place 8"of permeable ballast rock - Place 2" choker course on top of ballasi and static roll. Place 3"pervious asphalt and com act. Lum sum $ 71,232.75 Install 204' Extruded curbin , Lum sum $ 1,400.00 , APPROXIMATE TOTAL(Plus sales tax where applicable) ,� �5,064.75 Tolal pr�ce lp bo based on actual quanlily or measuremenl untess othervvise specified. ExClusioos: , Notes: Lakeside's proposed prices herein assuma that Lakeside's work hereunder will be substantially complete on or before: _ Unless Contracting Party has signed and ieturned thls Agraement wllhln thirty {30) calendar days of the date first stated above; Lakoslde's proposal shall be null and void. CONTRAC7ING PARTY'S SfGNATURE UN ONE COPY RETURNED TO 1�4KESIDE IPIDUSTRIES. INC.WILL RENDER TFiIS A LEGAL CONTRACT FOR THE PERFORMANCE OF THE ABOVE WORK. CONTRACTING PARTY'S SIGNATURE ALSO ACKNOW LEDGES RECEIPT OF LAKESIDE'S'NOTICE TO CUSTOMER'STATEMENT ATTACHED HERETO. APPROVED 8Y CONTRACTING PARTY: LAKESIDE INDUSTRIES,INC. W0.CONTRACTOR'S REG.LAKESI"274JD OR.CCB 108542 8,,: 81,: ��c?Zy,a ee�360-?31-6393 TITLE: ~ � TITLE: ��/'�'��"""""7� SUBJECT TO THE ATTACHED GEIdERAL PROVISIOPIS u coN�r oa.oez� ��»iiirr� , .._, , . . .: _� . � � �, �_._,�..... ..�.�._�.��__ _. _�►` � .� ��. r . �� . T 1�1,!:_ - � �/"i�� - ; . ,. , �!! �.� ��i ��:��==�!�i �%. � ��,. ■�..... / ��'. ' .. ►•�...::`�..ri��/ `1A�'I�u��j��'-��'�- - �::� ��►■�',i"i//�/ �° lr�,I/,/_/� /�:: �r ��.�i� � I��.N,Un�..�i,.,_ 1r�,.. _ IIIII��`�" ,,�/ I, 1 � � � ` '�'�,,�\�:r�� ii1��1��==`-'�%M', ,II � . ,..�.---�,.-�.� -T - 1�1,/ � 11 � ;11.��, �r�i►:��i;1 ..�, �r '� � i '//►,; 1�►�I �� / �� I/A`� � `. :-„ -� I�JI I _ I , , I � , ; ,I�l��l�� l//► �! /`j _ ,. , I ,l//I , �I, e • ;/// . . - • . �.1�� j�!� �� JII , ' / �Ili /li �: ;��;. ._�11� ' �► � 1 �11 , �� .._ �1 ► � ��t �� I�__ ��I�� ;'r � �i� - ��,�� .. _� _ e . i(�i . , .— I�� ' � ii , � . �I� �.�y ji �H�// �il i';��I � �� I �� •I r - -, i -. .._. _, _ _ � ' , � .0 , ,, i , . i ��s��.�'� • — — ' - -- _ _ T � ��;. ==�"'�'�== � ,� �� , AGENDA BILL CITY OF BREMERTON CITY , COUNCIL SUBJECT: Renewal of Shelter Plus Care Study Session Date: May 27, 2015 Agency Service Agreement with Agape COUNCIL MEETING Date: June 3, 2015 Unlimited Department: DCD — Block Grant Presenter: Marie Vila Phone: 360-473-5375 SUMMARY: Since 1996, the City of Bremerton has acted as a pass-through agent for the Shelter Plus Care program administered locally by Agape Unlimited. Funded by the McKinney-Vento Act and administered by the Department of Housing and Urban Development, Shelter Plus Care (SPC) funds provide rental assistance for homeless individuals and families affected by mental illness, chemical dependency, or both. Participants receive assistance and counseling to achieve self- sufficiency, or about two years. The City has executed its contracts for FY2014 Shelter Plus Care allocations with HUD for services to be provided during the program year 2015-2016, and may now proceed with the sub-recipient agency service agreement between the City and Agape. ATTACHMENTS: 2015-2016 Shelter Plus Care Agency Service Agreement between the City of Bremerton and Agape Unlimited; Attachment 1: 2015-2016 Shelter Plus Care Management Procedures FISCAL IMPACTS (Include Budgeted Amount): � Pass-thru funding of$199,010 from the Department of Housing and Urban Development to Agape Unlimited, Project Sponsor. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the 2015-2016 Agency Service Agreement between the City of Bremerton and Agape Unlimited 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 R AGENCY SERVICE AGREEMENT � Shelter Plus Care Grant Program CFDA Number: 14.238 AN AGREEMENT, by and betwcen the City of Bremerton hercinafter referrcd to as "City" and Agape Unlimited, hereinafter referred to as "Agency" by which the Agency agrees to carry out specific activities under the City of Bremerton's Shelter Plus Care Grant Program and establishing certain other terms and conditions of operation � IT IS MLiTi1ALLY AGREED AS FOLLOW S: ARTICLE I. PROJECT l. SCOPE OF SERVICES The City, as rec�pient of a Shelter Plus Care Grant from the United States Department of Housing and Urban Development (HUD), hereby designates the Agency to undertake, and the Agency hereby agrees to undertake the activities specifically described in the applications and management procedures/plan and summarized below Agency will prov�de affordable housing and a full range of services to homeless individuals who have chronic alcohol and/or drug problems. The continuum of housing linked to appropriate social services is designed to promote self-sufficiency and clean and sober living by providing gradually increasing levels of responsibility and independence based on personal progress in meeting recovery goals Project based assistance will be provided in accordance with the City's agreement with HUD for grant number WA0098LOT011407, executed on Apr�l 28, 2015 for renewal date July l, 2415. Sponsor Based assistance will be provided in accordance w�th the City's agreement with HUD for grant number WA0099LOT011407, exccuted on Apr�l 28, 2015 for rencwal date June 1,2015. Tenant Based assistance w�ll be provided in accordance with the City's agreement with HUD for grant number WAOl00LOT011407, executed on May 1], 2015 for renewal date July 1, 2015. The Management Procedures/Plan (Attaclunent 1) outlines the management of the three programs. 2. TERM OF AGREEMENT The term of this Agreement is June l, 2015 through June 30, 2016, determined by the specific grant, but may be extended pursuant to an amendment to this Agreement as authorized in Article IV.8, or should additional time for auditing this project be required, in accordance with (aw,th�s Agreement shall be deemed automatically extended until such time as the said audit shall be completed. In any event, the term of this Agreement shall cover the period that the Agency has control over Shelter Plus Care funds. 3. PROGRAM REPORTING The Agency shall submit such reports as required by the City to meet its local obligations and its obligation to the Department of Housing and Urban Development. The City will prescribe the report format, as well as the time and location for submission of such reports. Required reports include but are not limited to the follow�ng. (A) Semi-Annual Performance Reports which shall include all information reyuired by HUD in the final Annual Performance Report. (B) Annual Housing Quality inspections and rent reasonableness studies. ARTICLE II. FINANCIAL CONDITIONS 1. BUDGET AND COMPENSATION The City shall reimburse the Agency its allowable costs for the services identified in this Agreement not to exceed $36,766.00 (Thirty-six thousand seven hundred sixty- six dollars) under project based assistance contract WA0098LOT011407; $119,158.00 (One hundred nineteen thousand one hundred fifty-eight dollars) under sponsor based assistance contract WA0099LOT011407; and $43,086.00 (Forty-three thousand eighty-six dollars)under tenant based contract WAOl00LOT011407 upon presentation of properly executed monthly invoices in a form approved by the City. Such reimbursement shall constitute full and complete payment by the City under this Agreement Allowable costs shall mean those necessary and proper costs identified in the Agency's application and approved by the C�ty unless any or all such costs are disallowed by the State of Washington or the United States. 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by documentat�on, as evidence of the nature and propriety of the charges. All accounting documents pertaining �n whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the City and United States shall have the right to audit the records of the Agency as they relate to the work The Agency shall also: (A) Maintain an effective system of internal fiscal control and accountability for all Shelter Plus Care funds, and make sure the same are used solely for authonzed purposes. . (B) Keep a continuing record of all disbursements by date; check number, amount, vendor, description of �tems purchased and line item from which money was expended, as reflected in the Agency's accounting records (C) Ma�ntain financial records for a per�od of five (5) years after receipt of final monitoring letter from the City provided that the Annual State audit (which includes the Shelter Plus Care Program)has been completed. (D) Permit inspection and aud�t of its records with respect to all matters author�zed by this Agreemcnt by representatives of the City the State Auditor or the United States at any time during normal business hours and as often as necessary. (E) Inform the City concerning any funds allocated to the Agency that the Agency anticipates will not be expended during the Agreement period, and permit reass�gnment of the same by the City to other agenc�es. (F) Repay to the City any funds in its possession at the time of termination of this Agreement that may be due to the City or the United States. 3. ItEIMBURSEMENT The City shall reimburse the Agency only for actual incurred costs upon presentation of a properly executed invoice in a form approved by the City. Only those allowable costs directly related to the Agency's application, shall be paid consistent with Article II paragraph 2. In the event the City or United States determines any funds were expended by the Agency for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way; the City or United States may order repayment of the same The Agency shall remit the disallowed amount to the City w�thin thirty (30) days of written notification of the disallowance. (A) The Agency agrees that funds determined by the City to be surplus upon complet�on of the Agreement will be subject to cancellatio►1 by the City (B) The Agency agrees that upon expiration of th�s Agreement, the Agency shall transfer to the City any Shelter Plus Care funds on hand at the time of expiration and any account receivable attributable to the use of Shelter Plus Care funds. (C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself. (D) "1'he City reservcs the r�ght to withhold payments pend�ng timely del�very of program reports or documents as may be required under this Agreement ARTICLE III. FEDERAL CONDITIONS 1. L?NIFORM ADMINISTRATIVE REQUI1tEMENTS Agency shall comply with regulations set forth in 24 CFR part 582. 2. CONFLICT OF INT�REST In addition to the conflict of interest reyuirements in 24 CFR part 8�, no person who is an employee, agent, consultant, officer, or elected offic�al or appointed official of the Agency; who exercises any function or responsibilities with respect to the program or who are in a position to partic�pate in a decision making process or gain �nside information with regard to such activities, may obtain a financ�al interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect to the proceeds of the shelter plus care assisted activity either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. Partic�pation by homeless individuals who also are participants under the program in policy or decision making under 24 CFR part 582 300 does not constitute a conflict of interest. 3. DISPLACEMENT, RELOCATION, AND REAL PROPERTY ACQUISITION The Agency shall comply with the requirements relatmg to displacement, relocation, acquisition and replacement of housing(24 CFR part 582 335). Displacement of persons (families, individuals, businesses, non-profit organizations and farms) as a result of activities assisted with Shelter Plus Care funds is generally discouraged and in all instances must receive prior written approval from the City. 4. L,EAD BASED PAINT Agency shall comply with HUD Regulations on Lead Based Pa�nt hazards �n federally owned housing and housing receiving Federal assistance. (24 CFR Part 35 j 5. DISCRIMINATION PROHIBITED Under the activities, funded in whole or in part by Shelter Plus Care, Agency shall comply with 24 CFR part 582.330. ARTICLE IV: GENEIiAL CONDITIONS 1. COMPLIANCE WITH LAWS The Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to Shelter Plus Care Regulations and other policies and gu�delines established for the Shelter Plus Care Program regardless if the law is spccifically stated in this Agreement 2. LICENSING AND PROGRAM STANDARDS The Agency agrees to comply with and to obtain at its own expense, �f neccssary, all applicable Federal, State, County or Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure yuality of services 3. INSLTRANCE The Agency shall maintain at all times a policy of comprehensive general liability insurance providing an amount of$1,000,000 00 per occurrence, protecting the City of Bremerton from any and all damages wh�ch may arise in connection with the services to be provided hereunder, whether or not such damages are alleged to arise from acts or omissions which are the sole negligence of the City, its officers, employees, and or agents, or the combined negligence of the City and others. Such insurance shall include the City as additional insured and shall not be reduced or canceled without 30 days written prior notice to the City. The Agency shall provide and maintain a current Certificate of Insurance as evidence of the �nsurance required in th�s section. 4. INDENINITY The Agency agrees to defend, indemnify and hold harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have ar�sen d�rectly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Agency, its subcontractors, agcnts, successor, or assigns. 'fhis provision shall be inapplicable to the extent the City are judicially found solely negligent for such damage or injury. 5. NOTICES Any notices required to be g�ven by the C�ty to the Agency or by the Agency to the City shall be in writing and delivered to the following parties at the following addresses: C ity: Agency� CDBG Program Administrator Barbara Day Max City of Bremerton AGAPE Unlimited 34S 6'h Street Suite 600 4841 Auto Center Way, Suite 101 Bremerton,WA 98337 Bremerton,WA 98312 6. ASSIGNMENT AND SLiBCONTRACTING The Agency shall not assign or subcontract any portion of the serv�ces provided within the terms of this contract without obtainmg prior written approval from the Ciry. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. 7. RESEItVATION OF RIGHTS Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. 8. AMENDMENTS TO AGREEMENT The parties hereby. further agree that this Agreement cannot be amended or modified without the wr�tten concurrence of both parties. 9. FAILLIIZE TO PERFORM In the event of a failure by the Agency to comply, with any terms or conditions of this Contract or to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to temporarily withhold all or any part of payment pending correct�on of the deficiency, suspend all or part of the contract, or prohibit the Agency from incurring additional obligations of funds until thc C�ty �s satisfied that corrective action has been taken or completed. The option to withhold funds is in addition to, and not in lieu of, the C�ty's right to terminate as provided in Art�cle IV. 10 of the General Conditions of this Agreement The C�ty may consider performance under this Agreement when considering future awards. 10. TE1tMINATION If the Agency fails to comply with the terms and conditions of this Agreement, the City may pursue such remedies as are available in accordance with 24 CFR 85.43 � including but not limited to, the termination of this Agreement in the manner specified herein. (A) Termination for Cause - If the Agency fa�ls to comply with the terms and conditions of this Agreement and any of the following conditions exist: (1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the City deems continuation of this Agreement to be substantially non-beneficial to the public interest; (2) The Agency has failed to take satisfactory corrective action as directed by the City or its authorized representative within the time specified by same, (3) The Agency has failed within the time specified by the City or its authorized representative to satisfactorily substant�ate its compliance with the terms and conditions of this Agreement, The City may terminate this Agreement in whole or in part, and thereupon shall notify in writing the Agency of the termination, the reasons therefore, and the effective date. The effective date shall not be prior to notification of the termination by the City to the Agency. Costs resulting from obligations incurred by the Agency after termination of the Agreement are not allowable unless specifically authorized in writing b_y the City. (B) Termination for Convenience The award may be terminated for convenience, in whole or in part, as follows. (1) By the City with the consent of the Agency The two parties shall agree upon the termination conditions, including the effective date and in the case of partial term�nat�on, the portion to be terminated, or (2) By the Agency upon submitting written notification to the City. The written notification must set forth the reasons for the termination, the effective date, and in the case of partial termination, the portion to be terminated. However, �n the case of a proposed partial termination, the City may terminate the award in its entirety if the City determines that the remaining portion will not accomplish thc purpose for wh�ch the award was made. (C) Termination for Withdrawal, Reduction or Limitation of Fundin�,In the event that funding from the Federal government is �vithdrawn, reduced or limited in any way after the effective date of this contract, and prior to its normal completion, the City may summarily terminate this Contract as to the funds reduced or l�mited, notwithstanding any other termination provision of this contract. Termination under this Section shall be effective upon receipt of written notice by the Agency or its representative 11. CLOSE-OUT Upon termination of this Contract, in whole or in part for any reason including completion of the project,the following provisions shall apply: (A) Upon written request by the Agency, the City shall make or arrange for payment to the Agency of allowable reimbursable costs not covered by prev�ous payments, (B) The Agency shall submit within thirty(30)days after the date of expiration of this Agreement, all financial, performance and other reports reyuired by this Agreement, and in addition,will cooperate in a program audit by the City; (C) In the event a financial audit has not been performed prior to close-out of this Agreement, the City reta�ns the right to withhold a just and reasonable sum from the final payment to the Agency after fully considering the recommendation on disallowed costs resulting from the final audit. 12. VENUE AND CHOIC� OF LAW Any action at law, suit in equity, or other�udicial proceeding for the enforcement of this Agreement or any prov�s�ons thereof shall be instituted only in the Court of the State of Washington, County of Kitsap. It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. 13. SEVEI2ABILLTY CLAL�SE It is understood and agreed by the parties that if any part, term, or provision of this contract is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement d�d not contain the particular part,term, or provis�on held to be inval�d. 14. INTEGRATED DOCUMENT This Agreement with any attachments constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully sct forth in the text of this Agreement EXECUTED this day of 2015 AGENCY: AGAPE Unlimited (Agency) BY (Signature) (Please Print Name and Title) (Date) ADVIINISTR4TOR SHELTER PLUS CARE PROGRAM Admin►strator Date MAl'OR,CITY OF BRE�IERTON Patty Lent Date Approved as to form: Bremerton City Attorney INDEX TO SHELTER PLUS CARE AGREEMENT Article I. Project 1. Scope of Services 2 Term of Agreement 3 Program Reporting Article ll Financial Conditions 1. Budget and Compensation 2. Documentation of Costs and Other Financial Reporting 3 Reimbursement Article III. Federal Conditions � 1 Uniform Administrative Requirements 2. Confl�ct of Interest 3. D�splacement, Relocation, Acquisition and Replacement of Housing 4. Lead Based Paint 5. Discrimination Prohibited Article IV General Conditions l. Compliance with Laws 2 Licensing and Program Standards 3 Insurance 4 lndemnity � Notices 6. Assignment and Subcontracting 7. Reservation of Rights 8 Amendments to Agreement 9 Failure to Perform 10. Termination ] 1. Close-Out 12. Venue and Choice of Law 13. Severability Clause 14. Integrated Document Attachment 1 SHELTER PLUS CARE MANAGEMENT PROCEDURES/PLAN Shelter Plus Care (SPC) is a U.S Department of Housing and Urban Development (HUD)housing grant specifically aimed at housing the disabled homeless population wh�le cnsuring that their on-going needs arc met through active case management. SPC provides housing assistance funds and requires the agency involved to provide an equal amount of services to the client. The client must be homeless and disabled with either, or a combination of the following disabilities. severe mental illness, chemical dependency, or AIDS or AIDS related illness. AGAPE, as sponsor of the SPC Program will manage the program in accordance with the plan as described in the application and described below. Scope of Services/Historv 1'he City of Bremerton initially subm�tted an application to HUD on July 6, 1993 under the McKinney Shelter Plus Care Program for rent assistance to provide alcohol/drug free permanent housing for 8 homeless women with children and 16 homeless men disabled by chronic alcoholism and substance abuse. A grant in the amount of $596,400.00 was awarded on January 5, 1995. Agape Unlimited, a state licensed non-profit alcohol and drug treatment provider, serves as the sponsor and pr�mary social service provider for the project. Agape Unlimited and the City have successfully applied for renewal funds every year since the initial award; see below for current funding levels Funds were awarded under three components of the Shelter Plus Care Program Project Based Rental Assistance(PBRA): Assistance is provided to AGAPE for units located at 1323 and 1329 Crawford St. Participants do not retain assistance if they move Sponsor based Rental Assistance (SBRA): Participants reside in housing owned or leased by Agape. Participants do not retain assistance if they move. Tenant Based Rental Assistance (TBRA). Provides grants for rental assistance which allows participants to choose housing of appropriate size. Agape may require participant to live in a specific structure the first year and in a speci�c geographic area for the remainder of the participation. Units are located throughout Bremerton city limits. Participant retains assistance if they move while still enrolled in program. All three components, Project Based Rental Assistance (PBRA),Tenant Based Rental Assistance(TBRA)and Sponsor Based Rental Assistance(SBRA)of the orig�nal grant have been completed and must be renewed annually The City submitted and received grants under FY 2014 (2015-16 grant year)as follows: Pro ram Amount 0 BR 1-BR 2-BR 3-BR 4-BR 5-BR TBRA $43,086 4 1 SBRA $119,158 4 4 1 PBRA $36,766 2 1 Attachment 1 Agape's program is composed of three stages� • Initial outreach and residential chemical dependency treatment(funded by non Shelter Plus Care sources); • Drug/alcohol free group living w�th intensive treatmcnt and job training services, (Project Assistance) • Permanent supportive housing in the community.(TBRA and SBRA) The continuum of housing linked to appropriate social services is designed to promote self-sufficiency and clean and sober living by providing gradually increasing levels of responsibility and independence based on personal progress in meeting recovery goals. The group houses, located at 1323 and 1329 Crawford St. in Bremerton, provide 18 beds of permancnt housing with cooking, cleaning, laundry and recreational facilities including a common room and garden. The program provides a home-like, not an institutional environment for residents. Moreover, the houses are only two blocks from the Agape outpatient treatment facility. The Sponsor based component is typically used both as an intermediary phase and an alternative to group living for families. Agape has identified apartment units throughout the community to utilize in the program For the Tenant based component,participants must have obtained the self-sufficiency to maintain a unit with little assistance Participant Selection Participants must be: • Chemically dependent,participating in an outpatient treatment program • 18 years of age or older • Homeless • Living on the street or in a homeless shelter, released (with no housing options)to the streets from �ail, in-treatment programs, and hospitals. Priority for housing assistance will be as follows: First Priority: Individuals living on the street; Second Pnority: Release from the ja�l to the street; Third Priority: Release from treatment to the street Screening and selection process will be coordinated by AGAPE who will interv�ew each potential participant to determine eligibility. Persons eligible for the project will be placed on a waiting list and are respons�ble to contact AGAPE; by telephone, at least once every three days to indicate they are still interested in the program. Tenants are selected ? I Attachment 1 from those eligible based upon their position on the waiting list(unless there are documented extenuating circumstances) Method for Assi�ning Units Ass�gnment of un�ts is determined according to the clients' needs, including stab�lity in treatment, family size, level of self-sufficiency and need for on-going peer support. When residents move out of a Project Based unit, Agape will move new residents into the bedroom that was vacated Participants that can be accommodated by the Project Based houses will not be moved around the house unless a woman or man with several children requires the larger spaces located in the lower level of the buildings. Men, including men with children reside in one house and women, including women with children reside in the other house Smaller Sponsor Based units are utilized by single individuals high in self-sufficiency. Large units are utilized as multiple adult dwell�ngs or as housing for parents with dependent children. The appropriate housing unit will be determined taking into consideration the quality, access to services, and appropriateness of the unit type. Those moving into Tenant Based assistance will locate their own housing within the City of Bremerton AGAPE will assure the unit meets HQS. The size and type of housing will be determined accord�ng to family size and need Participant Role in Operations/Mana�ement Residents at the group houses will be responsible for regular house ma�ntenance, including cleaning and yard work Group home residents will have weekly house meetings to address both community and operations issues, and will provide input on program evaluation. These meetings will address mutual responsibility for house chores. All program participants will be involved in decision making and problem solving for the program through on-going program evaluations. Applicant Role in Operations/Maintenance Agape �s responsible to ensure that the houses are properly maintained, contract for necessary repairs, collect rent, provide cleaning supplies and provide yard tools. Agape counselors assist residents to develop skills for house ma�ntenance, �mplement the chore list, and facilitate resident meetings. Agape is responsible to ensure that sufficient funding is available to operate and maintain the buildings properly Agape pays all utility bilis, but not long distance phone costs. Agape is available �n the evenings and weekends to provide help and supervision for participants. , 3 Attachment 1 Particivant Eli�ibilitv VeriCcation Agape will verify el�gibility and determine Total Tenant Payment(TTP)for all participants. The following documentation will be required to determine eligibility for each participant: 1. Intake application 2. Certification of homelessness 3. Certification of disab�lity 4. Income verification Payment The rent to be paid by each tenant will be calculated based on the hi�hest of: • 30 percent of the family's monthly adjusted income (adjustment factors include the number of people in the family, age of family members, medical expenses, and child care expenses), or, • ]0 percent of the family's monthly income. Housing Qualitv Standards and Rent Reasonableness Certification All necessary Housing Quality Standards(HQS) Inspect�ons and Rent reasonableness studies w►11 be performed by Agape who will also maintain the required documentat�on. Agape may enter into a contractual agreement relative to the Shelter Plus Care Program with a landlord only after it has certified that the housing un�t meets HQS and rent reasonableness criteria Lead Based Paint Requirements AGAPE will assure all units meet HUD's Lead Based Paint Reyuirements. Assessment Methods The Continuum of Care Coalition consists of local participating agencies providing services, and Agape. The committee will meet at least monthly to share program � infor►nation on hous�ng units, cl�ent services and record keeping requ�rements. The City of Bremerton w�ll participate in the meetings once a year. Additionally, the Coal�tion will assess and make recommendations regarding: • how effective outreach efforts were to identify initial program participants and additional participants as space became available; • how well coordinated the system of serv�ces is to meet the chang�ng needs of clients; • how efficient is the mechanism for administering rental assistance. 4 Attachment 1 The Coalition will discuss specific case studies to measure the clients' stability in housing, improved function�ng,the use of treatment and community services,the degree of independence achieved, and the degree of client satisfaction with the services provided. AGAPE will submit sem�-annual reports to the City of Bremerton. Request for Pavment No less than two weeks prior to the last day of each month Agape must provide veri�cation of rent subsidy payments required for the upcoming month. NO PAYMENT WILL BE MADE LTNLESS THIS VERIFICATION IS RECEIVED. Such verification includes the following: 1. Documentation regarding participant eligibility as previously described; 2. HQS inspections and rent reasonableness studies as described above; 3. A signed contract between Agape and the Landlord for payment of housing assistance; 4. A signed lease agreement for a penod of no less than thirty(30)days between the Landlord and Agape; 5 An agreement between the Landlord and the service agency regarding support services. The City of Bremerton will promptly process the payment. Administrative Fee The HUD Shelter Plus Care program authorizes up to eight percent(8%)administrative fee for the following activities� providing rental payments to landlords; examining family income; providing housing information and assistance; inspecting units for HQS, and receiving new participants into the program. An analysis indicates the City of Bremerton provides approximately 25%of these services and AGAPE provides 75%. Therefore, a 2% administrative allowance will be available to the City of Bremerton and 6%of the grant, or the remainder of the amount allocated in the HUD Agreement to administration, will be available to AGAPE. If the actual administrative allocation authorized by HUD in thc Grant Agreement is less than 8%of the total grant,the City will preserve its 2%, and AGAPE may receive less than 6%. Administrative funds must be disbursed based on the actual time spent on administrative functions pertaining to the grants. In order to ensure that Administrative fee lasts for the duration of the program year,the City and Agape may choose to draw less of the Administrative fee than they are entitled to based on timecard records. In no instance shall an amount in excess of that supported by the timecard be drawn �n any given month. Documentation of the time spent on the activities must be maintained by the City of Bremerton and AGAPE 5 � Attachment 1 Housing Assistance Payments Rent subsidy payments will be made by Agape to the landlord(s)as appropriate Agape will maintain a special bank account dedicated solely to Shelter Plus Care activities. All funds received from the City of Bremerton will be placed in and disbursed from this account Agape will maintain records of rent subsidy payments to landlords. Vacancy Pavments Agape must immediately notify the City of Bremerton upon termination of tenancy so that the City may determine allowable vacancy payments to landlord(s). HUD Required Reporting AGAPE will provide the data to the City of Bremerton for the HiJD annual report 6 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3246 ratifying Study Session Date: May 27, 2015 the amendments to Kitsap Countywide COUNCIL MEETING Date: June 3, 2015 Planning Policies (CPPs) Department: DCD Presenter: Andrea L. Spencer Phone: (360) 473-5283 SUMMARY: The Kitsap Countywide Planning Policies (CPP's) are a regional framework prepared by local governments to coordinate jurisdictional growth planning as directed by the Washington State Growth Management Act (GMA). The CPP's were originally adopted and ratified by all Kitsap County local governments in 1992, and they have been amended several times in the years since, with the last update occurring in 2013. In the 2015 amendment cycle there are four revisions proposed, briefly summarized as follows: 1) CPP Appendix B-1: Corrects a scrivener's error regarding the Silverdale Urban Growth Area 2010 Census population. 2) CPP Appendix B-1: Shifts population growth of 1,000 people from the Central Kitsap Urban Growth Area to the Silverdale Urban Growth Area. � 3) CPP Appendix B-1: Extends the planning horizon to 2036, reflecting Washington State Department of Commerce recommendation to ensure that local comprehensive plans have 20- year growth horizons. 4) Addition of new Appendix B-2: Adopting 20-Year employment targets for all Kitsap jurisdictions extending to 2036. All other components of the CPPs, as adopted by Kitsap County Ordinance 509- 2013, remain unchanged. The Kitsap Regional Coordinating Council (KRCC) took action on April 7, 2015 to recommend that the Kitsap Board of County Commissioners (BoCC) adopt the CPP changes. The BoCC took action on May 11, 2015 by passing Ordinance No. 522-2015 adopting the CPP changes as recommended by KRCC. The City Council ratification of the amendments is requested to be compliant with the procedures outlined in the CPPs. ATTACHMENTS: Resolution No. 3246 Ratifying the 2015 Amendments to the CPPs FISCAL IMPACTS (Include Budgeted Amount): No anticipated fiscal impacts STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3246 approving and ratifying the amendments to Kitsap Countywide Planning Policies, as recommended by the KRCC and adopted by the Kitsap County Board of County Commissioners. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 RESOLUTION NO. 3246 A RESOLUTION of the City Council of the City of Bremerton, Washington, ratifying amendments to the Kitsap Countywide Planning Policies. WHEREAS, the Countywide Planning Policies (CPPs) are written policy statements used solely for establishing a countywide framework from which County and City comprehensive plans are developed and adopted to ensure that their comprehensive plans are consistent; and WHEREAS, the Kitsap Regional Coordinating Council (KRCC) originally adopted CPPs in 1992 to coordinate countywide planning among local jurisdictions; and WHEREAS, it is necessary and appropriate to update and revise CPPs periodically to assist the coordination of local planning to keep current with changing conditions and expectations; and WHEREAS, the KRCC concluded the 2015 CPP update process with a set of recommended amendments to the Kitsap County Board of Commissioners on April 7, 2015; and WHEREAS, the 2015 CPP amendments can be generally summarized as follows. Appendix B-1 is amended in three ways: 1). Corrected a scrivener's error regarding the Silverdale Urban Growth Area (UGA) 2010 census population, 2) Shifts population growth of 1,000 people from the Central Kitsap UGA to the Silverdale UGA, and 3) Extends the planning horizon to 2036. The amendments also add Appendix B-2 which adopts 20-year employment targets for all Kitsap jurisdictions with a horizon year of 2036; and WHEREAS, the Kitsap County Board of County Commissioners (BoCC)passed Ordinance No 522-2015 on May 11, 2015 adopting the changes to the CPPs as recommended by the KRCC; and WHEREAS, under the amendment procedures incorporated in the CPPs, revisions to the CPPs adopted by the Board of County Commissioners do not take effect until ratified by cities and Tribes within Kitsap County; and WHEREAS, the City of Bremerton considers the CPPs as adopted by the BoCC to be of benefit to the planning, development and growth interests of the City and County; NOW THEREFORE, � THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 1 Countywide Planning Policies Ratification 201 S SECTION l. The City of Bremerton approves and ratifies the amendments to the Kitsap Countywide Planning Policies, attached hereto as Exhibit A, as recommended by the KRCC, and adopted by the Kitsap County Board of Commissioners. SECTION 2. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. � SECTION 3. 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 CORIN, City Clerk R:�L.cgal\Legal\Resolutions\Community Development\Resolution Countywide Planning Policies Ratification 2015.docx 2 Countywide Planning Policies Ratification 2015 CPP RATIFICATION: EXHIBIT A Appendix B-1: Population Distribution Through�5 2036 Census Population 3A�5 2036 Jurisdiction 2010 � Growth Z Tar ets 3 City of Bremerton 37,729 14,288 52,017 Bremerton UGA 9,082 4,013 13,095 Total Bremerton 46,811 18,301 65,112 C�ty of Bainbndge Island 23,025 5,635 28,660 City of Port Orchard 12,323 8,235 20,558 Port Orchard UGA 15,044 6,235 21,279 Total Port Orchard 27,367 14,470 41,837 City of Poulsbo 9,222 1,330 10,552 Poulsbo UGA 478 3,778 4,256 Total Poulsbo 9,700 5,108 14,808 �;�H4 39;4�6 Central Kitsap UGA 22��12 6,764 29,476 Silverdale UGA �g �� 15,556 8,779 24,335 Kingston UGA 2,074 2,932 5,006 UGA (Includes Cities)Total 147��245 61�gq 209,234 Rural Non-UGA 103�888 18�449 �22�337 Total County 251,133 80,438 331,571 � 2010 Census data re(lects incorporated city and UGA boundaries as of August 31,2012 2 Population growth reticcts new residents through the?035 planning honzon 3 Changes in City or UGA boundanes durmg the plannmg honzon may affect the population distnbutions This table may be updated periodically to reflect such changes These updates do not constitute policy changes to the CPP's and will not requue adoption and ratificat�on by member agenc�es Apqendix B-1 reflects three adiustments to Adopted Aupendix B: (1) Scriveners error: Census 2010(Silverdale UGA,Total UGA, and Rural Non-UGA) (2) Shift in Population Growth of 1,000 from Central Kitsap UGA to Silverdale UGA See attached White Paper for analysis (3) Extension of Planning Horizon from 2035 � 2036, reflecting WA Dept. of Commerce instruction re: definition of planning horizon CPP RATIFICATION: EXHIBIT A Kitsap Regional CoordinatingCouncil Chair Commissioner Robert Gelder❖ KifsapCounty Countywide Plannin� Policy: Appendix B-2 Vice-Chair Kitsap Countywide Employment Targets: 2010—� 2036 Mayor Anne Blair❖ Cityof8ainbridgelsland OriginallyAdopted by Resolution (No.2014-01), Commissioner Charlotte Garrido by the KRCC Executive Board:July 22, 2014 Commissioner Ed Wolfe Kitsap County Mayor Patty Lent�e Council Member Leslie Daugs Countywide Employment/Population Ratio: 2.65 Council Member Greg Wheeler Council Member Dino Davis• Growth Allocation: CityofBremerton Sector Share Summary 2010-�9}�2036 Councd Member Wayne Roth Council Member Steve Bonkowski* Percent City of Bainbridge Island Tota I Job Com mercia l I nd ustri a l MayorTimMatthes Growth G owth �ob Growth Job Growth Council Member Bek Ashby: CouncilMemberJeffCartwright• BremertonCity 18,003 39% 13,493 4,509 CityofPorfOrchard Bremerton UGA 1,385 3% 962 422 MayorBeckyErickson Bainbridge Island 2 808 6.1% 1,984 823 Council Member Ed Stem'•:• ' CityofPouisbo Port Orchard City 3,132 6.8% 2,571 560 Council Chair Leonard Forsman Port Orchard UGA 1,846 4% 1,712 134 Fisheries Director Rob Purser* poulsbo City 4 155 9% 3,607 548 Suquamish Tribe'"' ' Poulsbo UGA 46 0.1% 44 2 Councd Chair Jeromy Sullivan Noo-Kayet CEO Chris Placentia* Central Kitsap UGA 1,200 2.6% 1,030 171 PortGambleS'KlallamTribe'"' Silverdale UGA 9,106 19.7% 6,679 2,427 CommissionerAxelStrakeljahn Kingston UGA 600 1.3% 437 163 Commissioner Larry Stokes' Portoferemerton Urban UGA 42,281 91.6% 32,521 9,760 CaptainTomZwolfer (includes Cities) Silvia Klatman,PAO* Rural Non-UGA 3,877 8.4% 2,817 1,060 Naval 8ase Kitsap*' Total County 46,158 100% 35,338 10,820 Executive Director John Clauson Kitsap Transit"' Mary McClure Executive Management McClure Consulting LLC " Alternate **Ex Officio Member "'Associate Member ❖Execuhve Committee P.O.Box 1934 Kingston,WA 98346 360-377-4900(voice) 360-297-7762(fax) www.KitsapReqionalCouncil.orq � AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: May 27, 2015 Agreement with BERK Consulting for the COUNCIL MEETING Date: June 3, 2015 2016 Comprehensive Plan Update Department: DCD Presenter: Allison Satter Phone: (360) 473-5845 SUMMARY: The Department of Community Development and Public Works & Utilities has selected BERK Consulting to assist staff with the 2016 Comprehensive Plan Update. The Consultant's main focus will be Environmental Review and updating the Transportation, Utilities and Capital Facilities Plan Element Technical Appendices for this periodic update to the Comprehensive Plan. This consultant was selected following an extensive process. The request for proposals was issued on April 8, 2015 and was listed for 21 consecutive days in the Daily Journal of Commerce. The City received two (2) proposals and interviewed those teams. The selection committee consisted of Chal Martin — PWBU, Milenka Hawkins-Bates— PW&U, Paul Wandling — PW&U, Andrea Spencer— DCD, and Allison Satter- DCD ATTAC H M ENTS: 1) BERK Consulting team summary 2) Professional Services Contract with BERK Consulting • Exhibit A: Scope of work • Exhibit B: Schedule � • Exhibit C: Budget FISCAL IMPACTS (Include Budgeted Amount): Total contract amount not to exceed $125,000. Department of Community Development Professional Services budget is $51,263 and Public Works 8� Utilities will provide a budget of$73,737 from the Streets Fund. STUDY SESSION AGENDA: ❑ No Presentation � Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda Ox General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with BERK Consulting to assist Staff with the 2016 Comprehensive Plan 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 PROFESSIONAL SERVICES AGREEMENT City of Bremerton Comprehensive Plan Update 2016 The City of Bremerton ("City") and BERK Consulting, Inc. ("Consultant") enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated May 12, 2015, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The consultant agrees that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be ganted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $124,971. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate andlor delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 1 of 20 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Consultant's performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, En�ineers and Anv Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 2 of 20 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if reyuired), which may be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360)473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 3 of 20 345 6�' Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Re�orts and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photo�raphs 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. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss Bremerton/BERK Consulting Rev. 2/15 " Comprehensive Plan Update 2016 Page 4 of 20 of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Andrea Spencer BERK Consulting, Inc. 345 6�' Street, Suite 600 2025 1 St Ave Suite 800 Bremerton, WA 98337 Seattle, WA 98121 J. Waiver: Failure to enforce any provision of this Ageement shall not be deemed a � waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 5 of 20 O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employrnent or services to the public on the basis of race, color, national origin, sex, religion, age, marital status; disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delavs: The right of Consultant to proceed shall not be ternunated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Ri ts Upon Termination: In the event of termination, the City shall pay for all � services performed by the Consultant to the effective date of ternunation, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. . X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies,by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 6 of 20 immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT By: By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:�Legal�Legal\Contracu�FORMS\Profess�onal Services Agreement Form(2014).doc Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 7 of 20 Exhibit A - Scope of Work Project Understanding Bremerton is a metropolitan city with a historic and revitalizing downtown, a manufacturing industrial center surrounding an international airport, and unique mixed use and residential neighborhoods. As home of the Puget Sound Naval Shipyard and ferry and port facilities, and surrounded on the east and west by marine waters, Bremerton is a maritime community with spectacular views. Bremerton is allocated the greatest share of population and employment growth in Kitsap County between 2010 and 2035 and has set a compelling Centers growth concept in its land use plan focusing employment Downtown and in the Puget Sound Industrial Center — Bremerton (PSIC-Bremerton), and residential growth in Downtown and other mixed use nodes through residential infill. The City of Bremerton is preparing a periodic update to its Comprehensive Plan under Growth Management Act (GMA). The City has made great progress on a number of key project elements: a continuous and meaningful public participation program, city district profiles, land use plan amendments, and policy amendments regarding economic development, housing, and others. With over one year left prior to the June 30, 2016 deadline, the City desires supportive consultant services to accomplish selected tasks: • Research,analyze,and update the Transportation Element Technical Appendix. • Research,analyze,and update the City Services Element Technical Appendix(including Capital Facilities and Utilities). . Develop appropriate Environmental Review. . Provide Best Available Science(BAS)for the Comprehensive Plan Update. . Assist with limited Shoreline Master Program (SMP)Amendments to be compliant with Update. • Provide assistance in addressing Greenhouse Emissions provisions. Primary consultant tasks focus on transportation, capital facilities and utilities, and environmental review. Secondary consultant tasks address BAS documentation to support a minor Critical Areas Ordinance update, limited scope SMP amendments, and guidance regarding greenhouse gas emissions and target reductions. BERK will lead the City Services Element Technical Appendix and Environmental Review, as well as provide overall project management. Fehr & Peers will lead the Transportation Element Appendix and Greenhouse Gas Emissions tasks. The Watershed Company (TWC) will address BAS and SMP components. The Consultant team (BERK, Fehr& Peers,and TWC)will work collaboratively and as an extension of Bremerton's staff. Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 8 of 20 Tasks and deliverables are outlined in the table below. A more in-depth description of the approach for each task follows. Task Deliverables � 1. Projett Ldunth . Kick-off meeting. • Communication protocols. • Scope and schedule confirmation. . Data gathering. 2. Transportation Element Technical Appendix • White papers and workshops as identified in the detailed 2.1.Future Growth/mpacts scope. • Draft and Final Transportation Technical Appendix for the 2.2. Tro�C CountS 2016 Comprehensive Plan. 2.3.Inventory • A narrative to show compliance with the GMA and PRSC 2.4.level of Service Reporting Tools for the Comprehensive Plan Update related 2.5.System Improvement List to Transportation(see Task 2.14). 2.6&2.7.Financial:20-Yeor Financinq P/an& Maintenance,Preservation,and Operations 2.8. Transportation Demand Management 2.9.Pedestrian&Bicycle 2.10.State and Local Systems 2.11.Emergency Responses 2.12.Noval Base Kitsap(NBKJ—Bremerton 2.13.Countywide P/anning Policies 2.14.Compliance 3. City Services Element TechniCal Appendix • Update the City Services Element Technical Appendix. • Assist staff with developing Land Use Element Reassessment polity. . Meetings and teleconferences with providers as described below. . Presentations at decision-maker meetings. 4. Best Available Science/Critical Areas Ordinance • Supplement the CitWs past critical area and SMP update efForts with current science. • Review and recommend code amendments ideMified by the City staff. • Hold meeting in conjundion with Task 5. S. Shoreline Master Program Amendment • Assist staff with limited scope SMP amendments. • Hold meeting in conjunction with Task 4. 6. Greenhouse Emissions • Recommendations for appropriate sections relating to Greenhouse Gas Emissions in appropriate locations within the Comprehensive Plan Update. . Policies to be incorporated into the Comprehensive Plan. Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 9 of 20 Task Deliverables 7. Environmental Review • Prepare expanded SEPA Checklist or Addendum relying on the nature of proposed land use plan and other amendments and past environmental review documents. . A meeting with staff to review the preliminary draft document. �.. �B'OJeC� ��4AB1CA'9 The Consultant team (BERK and Fehr & Peers) will meet with City staff at a kick-off session to discuss project objectives, communication protocols, project schedule, deliverables, and data needs. (Per Tasks 4 and 5 a specific discussion will be scheduled regarding the Critical Area Ordinance (CAO)and Shoreline Master Plan (SMP) tasks.) Prior to the kick-off meeting BERK will provide a draft Project Management Strategy describing the scope, schedule, communication protocols, quality control, checkpoints, client- approval gateways, and other information necessary for team coordination and communication. The Project Management Strategy will be revised accordingly after the kick-off meeting and after major milestones are reached. The Consultant team will regularly coordinate with City staff during the development of the Comprehensive Plan Update during respective tasks. In addition, BERK will hold regular team calls with City staff and periodic meetings to obtain comments on preliminary draft documents. BERK will also prepare monthly progress reports and billings. 2. �ranspor$a$fion E9e�en$ �ec0�nical Ap�en�ix The Consultant team,specifically Fehr& Peers,will lead the Transportation Element Technical Appendix (Task 2). As Bremerton continues to grow, auto traffic is shifting to roads that may not have been designed to support current traffic demand. This means some traffic is shifting from roads that are now possibly over-designed, and these roads could be reduced in their size or number of traffic signals through efforts like the Pacific Avenue Community Boulevard project. The Transportation Element Update provides the opportunity for the City to consider how to accommodate changes in traffic, as well as better accommodate walking, biking,and bus and ferry transit systems. As the City looks out 20 years, the Update will assess how growth will affect future demand relative to existing infrastructure and prioritization of improvements. Bremerton's geographic location and unique characteristics create interesting challenges for transportation planning. First, the highly seasonal nature of tourist traffic requires that infrastructure decisions balance the need to meet summer demand with the desire to not over-build for conditions during the remainder of the year. Second,the Naval Base Kitsap (NBK)-Bremerton, the largest employer in the County, has operations and a hospital in Bremerton, which results in heavy traffic peaks during shift changes and when ships are in port. Also, the Puget Sound Naval Shipyard (PSNS), a tenant activity located within NBK-Bremerton, is Washington State's 5th largest employer. Providing adequate capacity to serve these traffic volume surges is sometimes at odds with residents' desire for a multimodal transportation system that provides a more hospitable pedestrian and bicycle environment. The City has already demonstrated success with multimodal improvements, as shown by the recent downtown/ferry terminal area revitalization project that made substantial improvements to Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 10 of 20 the pedestrian environment. The Consultant team will work with the City on solutions that satisfy the needs of all modes in Bremerton. Subtask 2.1. Future Growth Impacts Transportation modeling based on the best available information of how people will travel in the future is fundamental to developing a great transportation element. The model is grounded in the existing and future land use vision of the community. There are a number of software programs capable of assisting in the analysis of future travel, including both TransCAD and EMME models, which have been developed for the City of Bremerton. The first priority will be to address the City's travel demand model projections. The current TransCAD model developed by Kitsap County will have more refined neighborhood characteristics than the City's previous model; however, the Puget Sound Regional Council (PSRC) EMME model that Fehr & Peers developed for the SKIA project includes greater detail of Bremerton and is likely to have much better predictions of future travel for all modes. This is because of refined ferry forecasts and more detailed land use assumptions in Pierce and King Counties. As part of this project Fehr& Peers will review both available models and coordinate with City staff on how best to combine the strengths of each model to identify the right set of volumes for determining future levels of service and projects. The scope assumes that Fehr & Peers will expand the existing PSRC model to save time and effort in creating a very usable transportation analysis model for the Bremerton that includes all modes. The modeling process will use GIS layers of current and proposed land use designations from the City to develop an updated forecast of traffic for the next 10 years and beyond to at least 2040 (to match PSRC's long range plan). These forecasts will be based on the Land Use Element and can be used to identify the location,timing,and capacity needs to accommodate future growth. Subtask 2.2.Traffic Counts Fehr & Peers will coordinate with City staff to develop a framework to update traffic counts city-wide using existing historical data as well as count data collected by Kitsap County. Fehr & Peers will coordinate with Public Works to quickly identify where existing counts are sufficient. This framework will prioritize locations to support freight mobility data and capture information about all modes to have a better understanding of how the broader community travels. Ferry ridership data for existing and future conditions will also be collected by the Consultant team from Washington State Ferries (WSF), which includes information by mode for how people use the ferry system. A budget of $1,440 was assumed for new traffic count collection. This data collection effort will also coordinate with Kitsap County staff to obtain information from the countywide travel demand forecast model update, which includes existing volumes. This information will be used to support model development efforts in Task 2.1. Future Growth Impacts. Subtask 2.3. Inventory Fehr& Peers will develop an inventory of existing conditions, using readily available data from the City. This will help demonstrate how effective the City has been at providing a usable transportation system. Fehr & Peers will conduct a workshop for elected officials, residents, stakeholders, and City staff to participate in developing a vision of future travel for Bremerton—this workshop will introduce the layered network concept (see Subtask 2.4). The workshop will include a summary of air, water, and ground transportation facilities and services for all modes, including transit alignments, state-owned Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 11 of 20 transportation facilities, and general aviation airports to define existing capital facilities and travel levels as a basis for future planning. Gaps in data collection will be identified by comparing the recent residents and stakeholders polling to determine qualities that the community considers worthwhile. Information about these values will be needed to measure progress. Also,these values will play a critical role in developing the criteria that will be used to evaluate the transportation system and prioritize improvements and investments. Subtask 2.4. Level of Service To establish level of service standards that promote optimal movement of people across multiple transportation modes Fehr & Peers will implement a two-faceted approach; a workshop to establish the layered network framework and development of a multimodal level of service. The Layered Network Fehr& Peers proposes to examine Bremerton's transportation network from the perspective of all users through the lens of a `layered network'. This is a concept that was recently promoted in a Recommended Practice for ITE that Fehr&Peers authored. Layered networks recognize that while all traveler types need to be accommodated within a community, no single street can accommodate all transportation users at all times. The layered network concept envisions streets as systems, with each street type designed to create a high quality experience for its intended users. The concept allows for certain streets to cater to specific modes or user types, while discouraging incompatible uses. For example, a downtown street may be planned to provide a pleasant experience for shoppers on foot, recreational cyclists, and people wishing to park on-street, while discouraging its use by'cut-through'traffic and large trucks. Fehr& Peers will expand the 'layered network'to include a ferry traveler layer to ensure that the needs of WSF patrons are addressed in Bremerton. Developing a Level of Service Standard that Links with Multimodal Goals Fehr & Peers will work with Bremerton to create multimodal level of service policies that support community goals. As part of this update, the team will lead a workshop with City staff to develop a multimodal level of service standard for auto, transit, walking, and bicycling. This would replace the current vehicle delay based level of senrice standard. By implementing a multimodal transportation plan, transportation can be an asset for community livability and character. GMA and PSRC require that cities consider a multimodal level of service policy. The benefit of this multimodal level of service is that it provides for a more complete look at how Bremerton's transportation network is serving all users. Fehr& Peers will develop a white paper outlining the varying approaches used by cities in the region to establish their level of service policy. Subtask 2.5.System Improvement List Fehr& Peers will work with the City to develop a prioritized list of improvements based on community feedback the City has been collecting and responses from residents and stakeholders. These values will play a critical role in the development of the criteria that will be used to evaluate the transportation system and prioritize improvements. Fehr & Peers will incorporate the Transportation Element goals into the evaluation and prioritization process. This provides a very local and personal element to Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 12 of 20 identifying the future needs of the community as well as the proposed land use. Fehr& Peers will use transportation analysis software, such as Synchro, and findings from other studies to develop the appropriate level of treatments to achieve the newly adopted level of service standards. Developing a Prioritized List:The 6-Year and 20-Year Project Lists Once the traffic modeling has been completed, a layered network is developed, and level of service standards adopted, Fehr & Peers will identify projects to improve Bremerton's transportation infrastructure over the next 20 years. This includes focused system improvements to support existing and planned development as allocated by the PRSC Regional Growth Strategy in Vision 2040. From that point, Fehr & Peers will funnel the process down to a six-year Transportation Improvement Program (TIP) list. Project estimates will be prepared for financially feasible projects. An inflationary index will also be applied to the project estimate based on the year the project is expected to be constructed. Tracking the year the project is expected to be constructed is also important to ensure that adequate funding will be available for the planned improvements in the immediate future. That list will then be further refined through financial strategies and concurrency considerations. Subtasks 2.6&2.7. Financial:20-Year Financing Plan&Maintenance,Preservation,and Operations To help Bremerton build the projects, provide the programs,and sustain the transportation system, Fehr & Peers will identify all existing and new sources of revenue that are or can become available to pay for transportation infrastructure. This includes transportation financing methods for maintenance, preservation,and operations of facilities. Fehr & Peers will help the City develop a financial implementation plan that is appropriate to Bremerton's needs. Depending on the City's interests, Fehr & Peers and BERK will identify the most promising funding sources, summarize any restrictions on their use, prepare initial ranges of estimates of available resources, and identify projects that would be eligible for each funding source. The Consultant Team envisions this effort to be focused in a workshop format with City staff providing most of the financial calculations needed. The final financing plan will include recommendations on the potential actions that the City can take to minimize any funding shortfalls for identified transportation needs. Subtask 2.8.Transportation Demand Management Fehr & Peers expertise in the development and evaluation of transportation demand management (TDM) will be combined with City staff's visions, ideas, and perspectives through a workshop setting. Following the workshop, Fehr & Peers will develop a white paper that summarizes the City's existing TDM strategies and identifies future strategies and their likely effectiveness. The white paper will highlight the most promising tools and practices that support alternatives to driving alone.This will also better assist the City with the Annual Report and supports the PRSC requirement to use tools and practices. Also, Fehr & Peers will compile City information on the effectiveness of local employer of programs in the area to provide a framework for evaluating alternatives to help Commuter Trip Reduction (CTR) participants achieve higher levels of non-drive-alone trips. Fehr & Peers will use their tailorable TDM+and CTR tool to evaluate the effectiveness of select TDM strategies. Subtask 2.9.Pedestrian&Bicycle Building upon the layered network concept, Fehr & Peers will use the proposed workshop to identify complimentary and visionary walking, bicycling, and accessible facilities to complete the system. This Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 13 of 20 will identify projects, programs, and policies needed to support Bremerton's vision for a mobile and active future. Define an Active Transportation Network to Enhance Bremerton's Mobility Fehr & Peers proposes development of an active transportation network for Bremerton. The base for this network will be developed by aligning staff and stakeholder priorities to elements of the existing built environment to identify areas of existing active transportation. A future visionary network will be completed using future land use and trip patterns as well as community priorities. This active transportation network will: . Identify priority walking and bicycling areas for the multimodal level of service . Highlight active areas that need better connections • Serve as the basis for identifying future projects, programs, and policies With recent updates to American Association of State Highway & Transportation Officials (AASHTO), National Association of City Transportation Officials (NACTO), and Public Rights-of-Way Accessibility Guidelines (PROWAG) documents, the City has access to innovative walking and bicycling treatments that weren't widely accepted during its previous plan. Fehr & Peers help Bremerton identify the appropriate walking and bicycling facilities to best enhance access and mobility for all users and abilities. Crosswalk Improvements In support of recent crosswalk improvement projects, Fehr & Peers proposes the development of a crosswalk and crossing enhancement tool. This tool would guide City staff on the recommended provisions and appropriate locations for walking and bicycling crossing areas. This tool would assist in streamlining the design process and ensure a consistent application of crossing treatment types throughout the City. Implementation and ADA Planning Cost estimates for project construction and program implementation will be included. Programs could include strategies such as Safe Routes to School, bicycle helmet program,share the road driver training, bike-to-school education programs, walking and bicycling ambassadors, and, safety rodeos. These programs will be discussed at the workshop with staff and stakeholders to develop a refined list of programs to focus on. An outline of the needs of developing an American of Disabilities Act (ADA) Transition Plan will also be included as part of this task. Subtask 2.10.State and Local Systems Subtask 2.1, Future Growth Impacts, will include anticipated trip demand on state and local systems. The results will be used to evaluate the sufficiency of available capacity and per GMA requirements, demonstrate the effect of trip growth on state facilities. Fehr & Peers' analysis will summarize level of service standards and anticipated future performance of facilities. This step will include PSRC's requirement to apply level of service to non-Highways of Statewide Significance. Also, a matrix of WSDOT's Ten-Year Capital Improvement and Preservation Program for state-owned facilities (required by RCW 47.05.030)for projects within the City or Urban Growth Areas(UGAs)will be included. Subtask 2.11. Emergency Responses Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 14 of 20 A critical component of the roadway network is its ability to allow for the expedited and safe navigation of emergency response vehicles and personnel. Fehr & Peers and the City will invite key stakeholders, such as the fire and police departments, and NBK-Bremerton in the early workshop developing the layered network. These emergency responders provide a unique and valuable perspective of how they need to use and access City facilities. The findings from this workshop will be used to update the City's transportation programs and strategies for security and emergency responses. Subtask 2.12. Naval Base Kitsap(NBK)-Bremerton A Joint Land Use Study (JLUS) is currently being conducted for Kitsap County and is scheduled to be completed by summer 2015. The findings of the Compatibility Analysis: Transportation will be included in the development of the layered network (workshop) to address mobility. The findings related to traffic circulation from the PSNS and Naval Station Bremerton will also be consolidated with this project. Where necessary, projects and improvements to mitigate impacts and their costs to improve circulation will be included in the financial tasks(Subtasks 2.6 and 2.7). Subtask 2.13.Countywide Planning Policies As part of the planning process, the City will need to coordinate with Kitsap County and the Kitsap Regional Coordinating Council to make sure Countywide Planning Policies, growth assumptions, and other major projects are included.This is particularly important for the Transportation Element,as travel does not stop at the City's borders. Agencies and government bodies that have an interest in or influence on transportation in Bremerton include: • Kitsap Transit and other transit providers in the region • Puget Sound Regional Council(PSRC) • Washington State Ferries(WSF) • Washington Department of Transportation (WSDOT) • Naval Base Kitsap(NBK)-Bremerton Fehr& Peers will reach out to each of these interests early in the process through one-on-one meetings and stakeholder interviews. These relationships provide a contact for checking assumptions (particularly for plans outside of Bremerton), developing support for City projects providing regional benefit, and eventually can turn into joint funding opportunities enabling project implementation. Subtask 2.14.Compliance With numerous recent accepted and adopted comprehensive plans and transportation plans, Fehr & Peers will coordinate with Bremerton staff to provide a narrative of compliance with GMA and PSRC requirements for Transportation Element. This documentation will support the certification required by the regional transportation organization and PSRC. Vision 2040 identifies transportation priorities that must be included to be fully compliant. Fehr& Peers will work with the City to craft goals, policies,and actions that achieve each of these priorities: • Maintenance, Management,and Safety—Maintain, preserve,and operate the existing transportation system in a safe and usable state. • Support the Growth Strategy—Support the regional growth strategy by focusing on connecting centers with a highly efficient multimodal transportation network. ' Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 15 of 20 • Greater Options, Mobility,and Access—Invest in transportation systems that offer greater options, mobility,and access in support of the regional growth strategy. Deliverables for Transportation: Deliverables for the development of the transportation element include the white papers and workshops identified in the above tasks as well as: . Draft and Final Transportation Technical Appendix for the 2016 Comprehensive Plan • A narrative to show compliance with the GMA and PRSC Reporting Tools for the Comprehensive Plan Update related to Transportation (see Subtask 2.14) • Staff and public meeting regarding Transportation: Based on Tasks 2.1 to 2.14 the following staff and public meetings are assumed: o Kick-off:Topics may include model discussion and data collection efforts,expectations, communications,etc.This may be co-timed with Task 1 project launch meeting. o Workshop: Likely invitees include staff and appointed and elected officials.Topics may include goals, multimodal Level of Service(LOS),finance, and transportation demand management. o Workshop: Likely invitees include public, staff,and appointed and elected officials. Possible topics and exercise: Present data, Draw on maps and discuss system completeness. o Public meeting presentation: multimodal LOS authorization,system plans,other topics. o Final Planning Commission or City Council presentation as needed. 3. City Services Element Technical Appendix The City Services Element Technical Appendix supports the Capital Facilities and Utilities Element of the Comprehensive Plan. Services, facilities, and utilities are important for the implementation of the City's growth strategy. Based on Growth Management Hearings Board (GMHB) cases, more importance is placed on the preparation and implementation of Capital Facilities Plan Elements.The key points include: • Capital facilities plans should address the 20-year planning period and be consistent with growth allocations assumed in the Land Use Element.Capital facilities plans should also demonstratejan ability to serve the full city limits and,where applicable,the UGA. . Financial plans should address at least a 6-year period and funding sources should be specific and committed.The City should provide a sense of the funding sources for the 20-year period though it can be less detailed than for the 6-year period.This is a change from the present information and analysis in the City Services Technical Appendix. BERK will conduct the following tasks: . Plan Review: Review the current capital facility and service delivery system, planned system, and growth assumptions of these City and special district plans in relation to the City's growth assumptions. Interview in person or by phone each service provider to review any technical or Bremerton/ BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 16 of 20 policy questions gleaned from the review of current plans, level of service demand analysis,and any direction on new policies and planned capital facilities. • Capital Facility Inventory: Review,evaluate and update the City's existing Technical Appendix. Synthesize and summarize recent City functional plans(e.g. recent water and wastewater plans), special district capital plans(e.g. school district),City budget,and other sources to prepare an inventory showing the locations and capacities of existing capital facilities owned by the City and other entities providing services to the City. Update the proposed locations and capacities of expanded or new capital facilities as proposed in adopted plans.To the extent data exists in available plans, include a phasing schedule identifying when and where capital facilities will be needed over the 20-year life of the plan. • Utilities Inventory:Review,evaluate,and update the inventory of the general location, proposed location,and capacity of all existing and proposed utilities in the City using readily available information from utility providers, including, but not limited to, power,gas,and telecommunications. . Level of Service(LOS): Review,evaluate and update the City's adopted LOS for public services. Project future service and facility needs at the 6-year and 20-year horizons based on current levels of service and provide an analysis of any deficiencies. Consider planned service and facility investments.Work with the service providers to identify polices, programs,or improvements to ameliorate deficiencies,current and future. . Forecast:Review,evaluate and update the City's forecast for future needs to maintain adopted levels of service over the planning period. Consider the Water System Plan's evaluation of water rights over the horizon year and the wastewater system plan's projected sewage treatment capacity. Review other functional plans for public facilities to support the plan's projected 20- year growth.This step may also consider system management or demand management strategies to meet forecast needs. . Efficiency: Include provisions to promote more efficient use of existing services,such as waste management,energy,and water supply,through conservation. • Financial: Review City budgets and assess current funding sources for other City service areas based on the City budget,special district provider plans,and impact fees, providing recommendations where needed. Update the City's six-year plan to finance planned capital facilities within projected funding capacities, and identify sources of public money for such purposes. Project revenue for the 20-year period in comparison to likely capital costs. Consider project prioritization and LOS strategies as described above where revenues and costs are not in alignment.Assist City staff with developing the policy to reassess the Land Use Element if probable funding falls short of ineeting existing needs and to ensure that the growth, planned facilities,and financing plan within the Capital Facilities Element are coordinated and consistent. • Compliance:Coordinate with Staff to provide a narrative of compliance with GMA and PSRC requirements for CFP and Utilities Elements.This documentation will support the certification required by the regional transportation organization and PSRC. . Summary of Staff and Public meetings: Provide the following meeting support based on tasks above. Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 17 of 20 � � � o Kick-off: Data collection and Technical Appendix format as well as special revenue and prioritization policies framework discussion—cover during Task 1 project launch meeting. o Staff Workshops: In person meetings (two half days assumed)with Departments to review draft inventories, LOS demand results,cost-revenue balance, and project prioritization approaches and tradeoffs. o Planning Commission meetings:Two meetings to present technical appendix findings and resulting policies as appropriate. o City Council presentation of recommended Technical Appendix and Policies. 4. �est Availab0e Scuence/CrutAcaB Areas Ordinaroce TWC and BERK will consult with City staff on the desired outcomes of Tasks 4 and 5 to develop a list of likely amendments and prioritize them to meet both desired outcomes and resources of the project. The discussion of priorities is anticipated to occur by teleconference. Results of the tasks below will be presented by TWC at one public meeting at the Planning Commission. TWC will review the City's Critical Areas BAS record (2004) and SMP and Appendices (2013), as well as Kitsap County's Technical Memorandum for Proposed Kitsap County SMP Buffers (2012), State Agency Resources for Local Governments Updating Critical Areas Ordinances (2009), Ecology's new Wetland Rating System (2014-15), and other materials. TWC will prepare a technical memo supplementing the City's scientific record and review City-proposed code amendments such as the new wetland rating system, regulatory authority,and consistency with the SMP for Shorelines of the State. TWC will also review Multi-County Planning Policies in VISION 2040 that call for communities to consider regionwide planning initiatives or actions based on "ICLEI—Local Governments for Sustainabilit�' that can be considered. Based on VISION 2040, such regionwide initiatives may involve consideration of watershed plans, climate change adaptation and mitigation, and landscape-scale analysis and adaptive management. The City has considered landscape analysis of its City Utility Lands and Gorst UGA and green energy and infrastructure at SKIA. Other information from the Puget Sound Partnership and WRIA planning efforts as well as integration of greenhouse gas emission reduction measures in Task 6 can inform the City's Comprehensive Plan Update environmental policies. 5. Sl�oo�e@ac�e N/laster Program Amendrnent In tandem with Task 4,TWC and BERK will confer with City staff on the desired outcomes and range of potential amendments under consideration by the City for consistency purposes. TWC will assist with limited Shoreline Master Program Amendments related to Comprehensive Plan Land Use Map changes, and updating the Wetland Rating System. TWC will coordinate with City staff on City-proposed revisions to SMP Maps and supplemental documents as needed.As an option,TWC and BERK can determine with City staff whether the Gorst Creek Management Overlay in the Gorst Subarea Plan should be incorporated into the SMP. Presentation of the SMP Amendment recommendations will be coordinated with presentation of CAO BAS efforts in Task 4. 6. Greert�ho�ase Ernissioa�s Fehr& Peers have developed a library of strategies and have numbers to quantify their effectiveness, as well as the cost and staff resources required for ongoing monitoring. As a part of this project, Fehr & Peers will summarize strategies for City consideration to discuss the feasibility and appropriateness of Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 18 of 20 � each in Bremerton. Bringing together staff's local knowledge with Fehr & Peers' expertise of the different programs and strategies that have been applied in the Puget Sound region and elsewhere will produce a sustainability strategy that can integrate into the Bremerton Comprehensive Plan effort. Fehr&Peers will conduct a workshop and prepare a memorandum that considers the following: . Current local activities to reduce greenhouse gas emissions, . Provisions to reduce greenhouse gas emissions, • Adaptation to the effects of climate change, • A framework for developing clean transportation programs and facilities, including actions to reduce pollution and greenhouse gas emissions from transportation,and, . Monitoring programs to assist in reducing pollution and greenhouse gas emissions. Fehr&Peers may conduct the workshop in tandem with a workshop identified in Task 2 as appropriate. 7. E�vuro�cx�eo�$al Revuew The Consultant (BERK) will recommend non-project State Environmental Policy Act (SEPA) strategies following a review of the 2004 Comprehensive Plan Environmental Impad Statement (EIS) document, SKIA EIS (area now known as PSIC- Bremerton), Kitsap County Comprehensive Plan Supplemental (SEIS) (2012), and VISION 2040 EIS. The Consultant anticipates the preparation of an expanded SEPA Checklist for the Comprehensive Plan Update with a Notice of Adoption (of the City's prior EISs and potentially the County and PSRC EISs) and Determination of Non-Significance, or with an Addendum. The strategy will be based on conditions,trends,and key concepts to be pursued in the Comprehensive Plan Update. The Consultant will address the potential programmatic environmental impacts of land use plan revisions including application of a mineral lands overlay, as well as potential transportation and capital improvements and updated policies. BERK will prepare an internal review draft of either a SEPA checklist or EIS Addendum and meet with City staff to obtain comments. BERK will revise the draft based on staff comments and prepare the document and associated notices to be used for publication.The City staff will publish and distribute the notices. Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 19 of 20 � � . May , lune July August September October November December Januaryl Februaryi March April May June X � � ' � Kick-off Meeting ' 6 � i "' . � ' Da�a gathering ' �` � ' Ongoing Project Management&Coordination ' � i �.................................... ..................................................................................................................................................................................� .� � �_.....__....---.._._..----------�-----------..__...--------'------�-----'--•-----------`-----�----�------ --'----------•-----------------�-----'--J S . � Preliminary Draft Draft Plan Review and Adoption Process _ Q Final Technical = �� • � Workshops Legislative Review � -- Appendix m • �� - � - �-- --...--�-- -----�-� --- ---�-----.._..-�--�----- � ---�--�------ ---- �-------------------------�------------ T r Plan Reyiew and Ado t�on Process � . ; Preliminary Draft ' Draft � P �Final Technical : ' , ~� .L-. .. APPendix � � Meetings and teleconferences with providers Legislative Review - - • . : � . � ..• . � � � `�' . ` . . . . ............... ..... ...... .... ....... . ._.. _..__./�._ ---•- --- ----•-- -.. .----- -�----. ._... — --�._.__..._ .... _._.. --- -..__ ..._.._._.__..... .._....._....,. .... ....._.. . _.. � , Supplement'scientific record and _ � . review and recommend changes . • . I�-------- ---■ �Final — — — -- -- , J I _Recommendations_, . Limited stope Combined Planning Comm�ssion Presentotion � _ SMP amendments . �, . �'"—� �Final - . � Recommendations --- -- •------- ,— ——� -- •------...---------------------�— -- ----- � � Prepare,order of magnitude emission estimates ; ' , i� ' • , � . � , , I • � Develop menu of options to : ;' • � � reduce GHG emissions i , . . - ---.._ .._ ............ ..... ._... ----�----.._.....----- -------•-...._.. __-__.- -�--------...---..._._. .-- ------ - ---- — ---___._._._.._._..._..._...- - ------ ._..._.._...._._._..._._..---..._.. ; ; ' � SEPA Checklist � . ' or Addendum I � � � Preliminary Draft Public Issue � I ~� � � Bremerton Comprehensive Plan Update Proposed Schedule: May 2015 Exhibit C - Project Budget Total Hours and Estimated Cost by Task Bremerton Comprehensive Plan Update 1. ProjectLaunch ---^ -- --�— ----� --------- $2,403 � 2. Transpartation ElementTechnical Appendix $72,297 � 3. City Services Element Technical Appendix $21,737 I 4. Best Available Science/Critical Areas Ordinance $9,587 i 5. Shoreline Master Program Amendment $4,267 I 6. Greenhouse Emissions $3,367 7. Environmental Review $9,375 Subtatal Hours and Fee 944 $123,031 Total Estimated Hours 944 Cost(Hours•Rate) $123,031 Subtotal Consultant Cost $123,031 Traffic Counts(12'$120) $1,440 Proje�t Expenses @<1%of project budget $500 Estimated Projed Total $124,971 Estimates by Firm BERK Conwlting $36,821 Fehr&Peers $73,690 The Watershed Company 512,520 Expenses and Traffic Caunts $1,940 Total $124,971 Budget Assumption:Time may be transferred from one task to another due to greater or lesser level of effort, provided that each task shall be completed and the total budget shall not be exceeded. Bremerton/BERK Consulting Rev. 2/15 Comprehensive Plan Update 2016 Page 20 of 20 Attachment 1 :ill BERK STIIATEGY��ANALY515 u�OMMUNICATIONS LISA GRUETER, AICP Releva�s�P�oJecg Expe�ience P�ojec�i�li'anager �City of Bremerton,Gorst Creek Watershed Plan.SEPA and Subarea Plan Lead. D Kitsap County, UGA Sizing and Composition Remand: Growth Trends, CFP,SEIS. Project Manager. '"�"�''%`;�� D Kitsap County, Buildable Lands and Employment �� `,. Forecast Analysis. Project Director. '�r� D Whatcom County,Comprehensive Plan Update, CFP � '��- and EIS. Project Manager. �. �� { D City of Woodinville, Comprehensive Plan Update and r � EIS. Project Manager. D City of Covington, Northern Gateway UGA Expansion � Study and Hawk Property Subarea Plan and EIS. Lisa is a senior land use planner with more than Deputy Project Director. twenty five years of experience in policy planning for D City of Kenmore. On-call Planning Services. Project the public and private sectors. Her expertise includes Manager. comprehensive and subarea planning under the state's p City of Renton, Comprehensive Plan and Extension of Growth Management Act, customized programmatic and planned action environmental documentation under Staff Services. Project Manager. the State Environmental Policy Act, shoreline master D Pierce County, Parks, Recreation and Open Space programs under the Shoreline Management Act,and the Plan. Project Manager. integration of these laws into cohesive, implementable planning policies. D Skagit County,Comprehensive Plan Update Extension of Staff Services. Project Manager. Lisa has worked with counties and cities across Washington State and spent seven years as a senior �Snohomish County, Comprehensive Plan EIS and Parks planner for the cities of Sumner and Renton. LOS White Paper. Deputy Project Manager. �City of Sumner,Comprehensive Plan and Town Center Education&Certifications Plan EIS. Project Manager. � Master of City Planning, University of California, D City of Sumner,Sumner Meadows Golf Course Docket Berkeley SEIS. Project Manager. D B.A.Social Ecology, University of California, Irvine D City of Kirkland,Comprehensive Plan EIS. Project �American Institute of Certified Planners Director. D City of Issaquah,Central Issaquah Plan Planned Action EIS. Project Manager. �City of Kent, Downtown Subarea Action Plan Planned Action SEIS. Project Manager. �City of Kent, Comprehensive Plan and Midway Planned Action EIS. Project Director. CITY OF BREMERTON 2016 COMPREHENSIVE PLAN PERIODIC UPDATE-PROPOSAL ��11 BERK F E H R�'P E E R S wATERSHED ��,,��...,.�.,e.��.�, Ccin�rnn;v o�ll BERK SfNATEGY��ANALY515 v�OMMUNIUlTIONS JEFF ARANGO, AICP Ote►e�an�Projec�Esrperience Se�110P PI(8P1�I�P � D Skagit County, Comprehensive Plan Update 2016. Senior Associate. t� .j D Snohomish County, Comprehensive Plan Update EIS �. 2016.Senior Associate. � . �:..� `'t�- D City of Sumner,Comprehensive Plan Update and SEIS 2015. Project Manager. - D City of Seattle Office of Economic Development, Mt. �� Baker Station Study. Project Manager. t ', ..} ��A �: _ - ',.� D Whitman County,Shoreline Master Program Update 0• . �� : �' 2015.Senior Associate. "F.`:''1 1 �__�� ;;'��; �� D City of Redmond, Parking Study- Downtown .;. � Redmond and Overlake Village.Consultant. Jeff joined BERK in 2014 after serving as the Director of Community Planning for the City of Langley for more D Village of Essex Junction,VT,Transit Oriented than three years. At the City, Jeff managed all planning Development District. Planning Director. functions, including project review, design review, p City of Langley,Second Street Project. Planning development regulations, and community development Projects.He also served as the lead designer and manager Director and Lead Designer. fortheSecondStreetProject,fromconceptdesignthrough D Village of EssexJunction,VT, Downtown Streetscape construction.Jeff also served as the Project Manager for Plan. Ptanning Director. the City of Langley's Shoreline Master Program Update and the 2013 Comprehensive Plan Update. �Village of Essex Junction,VT, Development Code Update.Consultant. Jeff's experience and expertise include land use, urban design,street design,urban revitalization,transit oriented �City of Kenmore,Open Space Resources+ Making development and parking analysis. Connections. Consultant. Jeff has presented at national conferences including the �City of Langley,Complete Streets Ordinance. Planning Future of Places conference in Buenos Aires Argentina, Director. the Institute of Traffic Engineers Annual Meeting,and the D King County Metro, Right Size Parking Project. Vermont Housing Conference. Consultant. Education&Certifications � King County Metro, Mixed-Use Parking Project. Consultant. D M.A., Urban Planning, University of Washington D Certification in Urban Design, University of � Federal Emergency Management Agency(FEMA), Washington Community Rating System Update. Consultant. D B.A., Environmental Studies, St. Lawrence University D�II B�R� I fil: CITY OF BREMERTON 2016 COMPREHENSIVE PLAN PERIODIC UPDATE-PROPOSAL o F E H R�'P E E R S WATERSHED �o.�......�e. .�M . [:CIMI'AN\' :�II BERK STPATEGY��ANALYSIS e�OMMUNICATIONf MICHAEL HODGINS Relevant Project Experience Strategic Advisor ►Snohomish County, Comprehensive Plan Update Parks LOS White Paper. Principal in Charge. , ►City of SeaTac,Transportation Plan Update.Task Lead. ►City of Tukwila, Facilities Needs Assessment.Task - . . .�. Lead. . ► Pierce County, Parks, Recreation, and Open Space Plan. Financial Lead. ►City of Woodinville, Comprehensive Plan Update. Principal-in-Charge. '1�''' ► City of Kent,Cost Efficiencies Study. Project Manager. Michael is a Principal and the firm's Finance and ► Port of Douglas County, Capital Facilities Plan and Economics practice manager. He specializes in financial, Economic Feasibility Study. Project Director. economic, and policy studies, including urban land ►City of Black Diamond, Comprehensive Plan Update economics, market analysis,growth management issues, fiscal impact and feasibility studies for transportation Capital Facilities Element. Project Director. and development projects, municipal fiscal analyses, ► Kitsap Regional Coordinating Council, Revenue and revenue and expenditure forecasting. He is a trusted Sharing, Urban Growth Boundaries and Employment advisor to many senior managers and elected officials Allocation Project. Project Director. working in state and local agencies. ►City of Des Moines, Marina Market Analysis. Project Prior to joining BERK in 1992, Michael was a financial Director. analyst with Gannett Fleming. He serves on the Advisory � Board for Seattle University's Albers School of Business �City of Kirkland,Competitiveness Update. Project and Economics. Manager. ►City of Anacortes,Analysis of 20-Year City Revenue Education&Certifications Requirements. Project Manager. ► B.A. Economics, University of British Columbia � pierce County, Evaluation of Pierce County Rural ► Certificate in Commercial Real Estate, University of Separator Area. Project Director. Washington Extension ►Snohomish County, Environmental Impact Statement of the Proposed Shoreline Management Program. Project Director. ►Whatcom County, Birch Bay Incorporation Feasibility Study. Project Director. ►City of Auburn, Fiscal Impacts of Auburn Downtown Revitalization Catalyst Area. Project Director. 'ill BERK ""' CITY OP BREMERTON 2016 COMPREHENSIVE PLAN PERIODIC UPDATE-PROPOSAL . F E H R�'P E E R S WATERSHED ��..�......, . COn�rnNv :�II BERK STMTEGY�FNSLY515�COMMUNiGTIONS IZZY CANNELL, LEED GREEN ASSOC. Relevant Project Experience AI1QIySt ►Skagit County, Comprehensive Plan Update 2016. Analyst. ►City of Woodinville, Comprehensive Plan Update. �...,, Analyst. .` .� ' '• �: ►Whitman County,Shoreline Master Program Update. Lead Planner. ►Washington Transportation Committee, Washington Transportation Plan Update 2035.Analyst. � ►Adams County, Shoreline Master Program Update. - ; � Planner. �'' t'� ► Pacific County,Shoreline Master Program Update. Izzy is an Associate at BERK with a background in land use Planner. planning on the local and metropolitan level. In the past, ►Grays Harbor County,Shoreline Master Program Izzy worked for a local government planning department Update. Planner. in Idaho as well as for a large Metropolitan Planning Organization. ►Chelan County,Voluntary Stewardship Planning Services. Analyst. While working for her hometown of Ketchum, Idaho, Izzy helped with the community outreach element of the �City of Bellevue, Comprehensive Plan 2015 City's recent Comprehensive Plan update, completed a Formatting.Analyst. sustainability audit of the municipal code, and rewrote ► Pierce County, Parks, Recreation,and Open Space theregulationsandpermittingprocessforencroachments PIan.Analyst. and excavations in public right of ways. ►City of Seattle, Comprehensive Plan EIS.Analyst. Education&Certifications ►City of Seattle, Office of Emergency Management, ► Masters in City Planning, University of Pennsylvania Development of User Guides for Regional ► B.A., Environmental Studies, Hamilton College Catastrophic Preparedness Plans,Annexes,and Tools. Analyst. � LEED Green Associate ►City of South Bend,Shoreline Master Program Update.Analyst. 'ill BERK '�"'` CITY Of BREMERTON 2016 COMPREHEIVSIVE PLAN PERIODIC UPDATE-PROPOSAL . F E H R�'P E E RS WATERSHED �n.n...... . .� . ('OMI'ANY � :�11 BERK STAATEGY��ANALYSI$��COMMUNICATIONS AARON RAYMOND iielevan�Project Experience Plonni►7g 8c GIS Analyst . ►City of Bremerton, UGA Annexation Analysis.Analyst. ►City of Seattle,Comprehensive Plan EIS Update. �� Analyst. .�:� •• , ►Chelan County,Voluntary Stewardship Planning ��'• Services.GIS Analyst. .� + ►City of Auburn, Housing Element Update 2015. ��. .:,��. '��' Analyst. ' � �. '•+. :, 1 ►City of Federal Way, Code Compliance Study. Project �.. � • ' `� Manager. �--� - - ��`-��'' ►City of Seattle, Chamber of Commerce/Department Aaron is a GIS Analyst with six years of professional of Planning and Development Permit Facilitation. experience in GIS with a background in urban planning. Analyst. He specializes in geospatial technologies, cartographic � King County,Cedar River Corridor Plan.Analyst. design in both print and digital formats (2D and 3D), advanced spatial analysis, and integrating information ►City of Shoreline,Aurora Square Planned Action EIS. and data from a variety of digital and non-digital sources. Analyst. Aaron has contributed to a wide array of planning projects including shoreline planning, land use planning, utility ►City of Bonney Lake, Economic Development Plan. location alternative analysis, and environmental impact Analyst. mapping and analysis. , ►Whatcom County,Comprehensive Plan Update 2016. Prior to BERK, Aaron worked as a GIS Analyst at ESA. Analyst. He also has previous work experience in management ►City of Lakewood, Fiscal Benefits Analysis of WSDOT consulting, organizational development, and the Maintenance Site.Analyst. hospitality industry. Aaron has published research in the area of urban historical GIS. ►City of Raymond,Shoreline Master Program Update. Analyst. Education&Certifications ►City of South Bend,Shoreline Master Program ► Masters in Urban Planning, University of Washington Update.Analyst. ► B.A., Political Science, University of California,San ► Pacific County,Shoreline Master Program Update. Diego Analyst. ► B.A., Economics, University of California,San Diego ►Clark County, Rural Industrial Land Bank.Analyst. ► City of Lake Stevens, Economic Development Plan. Analyst. 'ill BERK "'F CITY OF BREMERTON 2016 COMPREHENSIVE PLAN PERIODIC UPDATE-PROPOSAL . F E H R�'P E E R S WATERSHED s..nEc,..wn�.�wM� . (:C.lAll'ANY FEHR�'PEERS RYAN ABBOTTS, AICP R�►��ar��e�ojec��xperi��ce TP��1Sp0�'$p$POB� �I�i9�Y1�1g Le[8d �City of Federal,Way Transportation Element. Ryan � was the project manager for updating the city's `�t'"�`� - transportation element;the purpose to achieve � :�.� ,• : ., �� GMA and PSRC compliance including adopting a new multimodal level of service standard.This project also ��•�,�`� included updates to the TDM,CTR,and ITS elements. :t�t'�l. , ` .;;:'� D Cit of Pu allu Transportafion Element, '�� ` , Y Y p. `� � � , '� ,� Nonmotorized Plan,and ADA Transition Plan. Ryan ` �� „`�`��-;.�� is co-managing this project and is responsible for ,;.,,` , ; ,;`. �;;�'�,�,`•.�•,`;�.,;�,�:�,;;, ,',, ' providing guidance on the layered network project development, multimodal concurrency, and the Ryan is a senior planner with experience developing nonmotorized and ADA elements. innovative transportation plans and strategies for integrating pedestrians,bicycles,transit and automobiles. �King County, Metro Long Range Transit Plan. Ryan Some of his recent projects include Transportation Master is a senior transit planner working with KC Metro Plans for Puyallup, Federal Way,and Edmonds,WA. Ryan to define a vision for future transit service and excels on projects that require flexibility, creativity, and operations,and stakeholder communication tools. interaction with diverse stakeholders. D City of Mukilteo, Multimodal Project. Ryan was Ryan has been involved at a national level developing the transportation lead for the development of this standards,guidelines,and analysis measures for walking, multimodal project and EIS.This project evaluated bicycling, and transit. He is passionate about improving way to improve access to and from the ferry terminal the choices for moving through communities and creating for all modes and looked to balance local waterfront projects to improve the quality of life, increase mobility, access. enhance sustainability, and are innovative. D Waterfront Seattle. Ryan was the multimodal Ryan has a long history of working with the City: transportation lead for the Waterfront Seattle project. He is responsible for planning and analysis of a new ■ Washington Ave Community Boulevard Project Alaskan Way Boulevard. Ryan also led the alternatives ■ SR 3/304 Interchange Improvements evaluation for Waterfront Transit—a comparison of costs, operations, and benefits of bus and streetcar ■ Kitsap County Comprehensive Plan Update service along the Waterfront. ■ 5th Street Parking Study ■ Pacific Avenue Improvements ■ Olympic College Parking Study ■ On-Call Engineering Services Ryan's work has also been showcased in the AASHTO's "Examples of Effective Techniques for Improving the Quality of Environmental Documents". Education&Certifications � B,E.S., Urban and Regional Planning, University of Waterloo D American Institute of Certified Planners ��11 BERK ��"' CITY OF BREMERTON 2016 COMPREHENSIVE PLAN PERIODIC UPDATE-PROPOSAL o F E H R�'P E E R S WATERSHED ��.,,E�,....,.�,,.� ,.�, �w., C:i�,wr��v FEHR�'PEERS CHRIS BREILAND, PE �televant Pro�ect Experience Transpor�ation Modeler& Greenhouse Gas ►Transportafion Climate Change Analysis.Chris has E1171Ss10115 led the development of statewide and local climate change assessments related to transportation. He has also recommended GHG strategies,targets, and programs that cities can implement to reduce transportation-related emissions. ►Transportation Element Updates.Chris has _ led dozens of Transportation Element Updates throughout Washington and is well versed in GMA �� - and PSRC requirements as well as projects and • strategies that can improve how the transportation � network can enhance community character and `•. �� economic development.. Chris is a Principal with Fehr & Peers' Seattle office, and has been with the firm since 2005. Chris is an active ►Travel Demand Forecasting.Chris has led the member of Fehr & Peers' Travel Demand Forecasting development and update of dozens of travel models and Climate Change Analysis research and development across the Western US. Recently, Chris led the teams. development of an enhanced version of the PSRC model with additional detail in Bremerton to support Chris has served as the project manager for several the SKIA Sub-Area Plan. significant Transportation Element updates in the Northwest including jurisdictions such as Seattle, Snohomish County, Everett,Tacoma, and Tukwila. In addition, Chris has worked with Bremerton, Seattle, Tacoma,the Washington State DepartmentofCommerce, the California Department of Transportation, and the Oregon Department of Transportation in assessing various greenhouse gas analysis tools, evaluating carbon emissions, and setting transportation-related GHG emissions targets. Chris has also recommended various programs, policies, and projects that jurisdictions can consider to reduce GHG emissions. Educafion&Certifications ► M.S., Civil Engineering, University of California, Irvine ► B.S., Environmental Policy Analysis and Planning, University of California, Davis ► Institute of Transportation Engineers ►Transportation Research Board CITY OF BREMERTON 2016 COMPREHENSIVE PLAN PERIODIC UPDATE-PROPOSAL ��II B�RK F E H R�'P E E R S �WATERSHED •�., �a• �iCiln�l'nnl' r FEHR�'PEERS CARMEN KWAN Releva�g�rojecg�xperi�nce TpQi�SpO�"$�tiO�Y E�Ygl�lee�' D Bothell Comprehensive Plan Update-Transportation �-.:. . ..��,-�;, Element. Conducted travel forecasts and traffic � ,� � � I ��a� analysis for the citywide transportation plan. ' � , Developed intersection and corridor Level of Service � •"' calculations. Conducted subarea traffic analysis � within the Canyon Park Business District and analyzed impacts to adjacent arterial corridors. Helped draft � the transportation plan document. D Lake Forest Park Comprehensive Plan Update- Transportation Element. Documented existing transportation conditions for all modes in Lake Forest Park. Used the PSRC travel model to predict future Carmen is a Transportation Engineer with a Master's travel demand on major routes through the city. degree from the University of Washington in Helped update the transportation goals and policies Transportation Engineering. Carmen has experience with through joint meetings with the Transportation and comprehensive plan updates for the City of Bothell and Planning Commissions. the City of Lake Forest Park. She has experience with the travel demand forecasting software EMME, and the �Seattle Comprehensive Plan EIS.Analyzed Fehr& Peers'enhanced trip generation tool, Mainstreet, quantitative transportation impacts of four 2035 through projects such as the University District Urban land use alternatives for the Seattle Comprehensive Design Environmental Impact Statement. She also has Plan. Updated the Seattle travel model with the most experience with traffic operations analysis software, recent land use forecasts and processed model results including Synchro and SimTraffic for levels of service to evaluate travel times, mode share,and VMT per analysis and signal optimization. capita changes between all alternatives. Helped draft the transportation chapter of the EIS. Education&Certifications � University District Urban Design EIS.Conducted D M.S.,Transportation Engineering, University of quantitative analyses for the transportation Washington component of proposed height and density rezones D B.S.,Transportation Engineering, University of in the University District of Seattle. Documented existing conditions for vehicles,transit, bicyclists, Washington and pedestrians,and analyzed future travel impacts D EIT certified,Washington State,October 2011 for different future land use alternatives. Developed travel demand forecasts using the Seattle travel D Women's Transportation Seminar demand model with enhancements from the Fehr & Peers' Mainstreet trip generation tool to better replicate travel behavior near a university. Helped draft the transportation chapter of the EIS. � Ballard Multi-modal Transportation Plan. Identified and prioritized transportation projects for all modes (pedestrian, bicycle,transit,freight,auto)to improve access and mobility in the Ballard Hub Urban Village. Planned projects were compiled from Seattle's modal plans,and additional projects are identified with consideration for a potential future HCT station and land use zoning changes. ��11 BERK � ""` CITY OF BREMERTON 2016 COMPREHEfd51VE PLAN PERIODIC UPDATE-PROPOS/� o F E H R P E E R S WATE0.SHED ,m.,�..,�w . w�., �, (.11111'AAY FEHR�'PEERS DON SAMDAHL, PE, PTP . Refevant�roject Experience Financing Support ►Transportation Master Plans. Managed transportation master plans for several cities I throughout the northwest.Worked with many ti,� :�. `-� of these communities to adopt innovative level � � of service strategies and effective concurrency � , • � � � management systems. P Transportation Impact Fee Programs. Managed � comprehensive impact fee for over twenty jurisdictions in the western United States.Completed a transit overlay impact fee to complement the citywide Portland fee program. Developed smart i growth adjustments to account for variable trip Don has over 30 years of experience in transportation generation rates in growing mixed use areas of those planning and engineering, research, training and policy cities. , planning. During the past five years, he has directed over 15 multi-modal transportation corridor studies, ►Statewide Concurrency Management Programs. comprehensive local agency transportation plans, Developed Washington State's first concurrency and innovative growth management studies. Don has management program for the City of Bellevue directed numerous concurrency management programs in 1990. Author and instructor for the State's and impact fee analyses, and is nationally recognized concurrency training program,focusing on level of as an expert on Level of Service (LOS) Standards. Don service and analysis procedures. Leader in promoting is the 2005 recipient of the Outstanding Service Award the concept of plan-based concurrency management presented by the Washington Section of ITE. systems as a way to simplify concurrency and ensure a close relationship between meeting level of Education&Certifications service standards and implementing a community's transportation program. ► M.A.,Civil Engineering/Transportation, Northwestern University ► B.S.,Civil Engineering, Purdue University ► Institute of Transportation Engineers ►Transportation Research Board ►American Society of Civil Engineers ► Kirkland Transportation Commission (Past Chair) 'ill BERK ""� CITY OF BREMERTON 2016 COMPREHENSIVE PLAN PERIODIC UPDATE-PROPOSAL . F E H R�'P E E R S WATERSHED n�.nc...w.u�.cw.uw.x.m.� C.l 1A11'AhY i�-�� WATERSHED CO�vtl'ANY DAN NICKEL Relevan��ojecg�xpepie�ce E��iPO�1P'�1e�fpl E�gi��e�' �City of Bellevue,Shoreline Master Program. TWC has been assisting the City of Bellevue with a comprehensive update to its Shoreline Master Program, including the preparation of an in-depth . , • shoreline characterization and analysis report, city- ,� wide restoration plan, and a cumulative impacts ��' analysis. Led by TWC project manager Dan Nickel, '� �t this multi-phase project recently entered into final -- �� City Council discussions prior to beginning the - � local adoption process. As part of the evaluation � ,,.;\ of cumulative impacts and ensuring the Shoreline , �� " Master Program meets the State's no net loss criteria,TWC has worked closely with City staff, council members,and citizen groups,to develop Experience with scientific assessment and regulatory a unique mitigation strategy focused on achieving compliance for Endangered Species Act and Critical Areas nexus and rough proportionality for upland impacts combine to make Dan's expertise applicable from project to ecological functions. This strategy encompasses planning to environmental policy. He has led assessment, extensive project flexibility while ensuring the level of restoration design and policy development on shorelines mitigation fits the proposed impacts. and critical areas for municipalities, ports,individuals and �City of Woodinville,Comprehensive Plan Update. developers. He is manager of the company's planning Acting as part of an interdisciplinary team of department. consultants,TWC is working with the City of Education&Certifications Woodinville on a Comprehensive Plan and Municipal Code update. Consistent with the Washington State D M.S., Environmental Science, Department of Civil and Growth Management Act and the Endangered Environmental Engineering, University of Washington Species Act,TWC prepared an Existing Conditions report and a BAS report.The BAS report is tailored to D B.S., Biology, Pacific Lutheran University reflect critical areas present within the Woodinville D Certified Erosion and Sediment Control Lead 2015 Comprehensive Plan Update Study Area.The Certification, 2008 team is preparing an EIS to facilitate consideration of likely environmental consequences associated with D U.S.Army Corps of Engineers Wetland Delineation proposed alternatives. Certification Training, 2001 � Island,Skagit and San Juan Counties,Critical Areas D Northwest Environmental Training Center ArcView Regulations Update and Best Available Science and Environmental Applications of GIS, 2002 Review. Dan was the project manager to coordinate �Washington Department of Ecology Ordinary High revision of Critical Areas Ordinances, including GMA Water Mark Training,2003 requirement to use best available science,for a variety of Puget Sound jurisdictions over the past 10 years, most recently assisting with Island County's Fish and Wildlife Habitat Conservation Areas Ordinance. His efforts to provide restoration incentive options through critical area and shoreline regulations have been presented to multiple Ecology planning forums and workshops. CITY OF BREMERTON 2016 COMPREHENSIVE PLAN PERIODIC UPDATE-PROPOSAL o�ll BERK F E H R�'P E E RS �wATERSHED s R� .� «.�� Cc�n+rnnv �ri e. WATERSHED C�t)Nt 1'.A f�fY STEPHEN J. STANLEY ��oi��$�� eiliOd' P�1w�'��^56v�d E�O1o�is� D City of Bremerton,Gorst Creek Watershed Assessment.Working in conjunction with the City of Bremerton, Department of Fish of Wildlife and the consultant team,Stephen developed an innovative watershed assessment approach for the Gorst Watershed. The scale and resolution of the assessment approach allowed the formulation of management zones and actions for protection and �� ;� = restoration as well as for siting new development. �; ;jya- This information was used by the City to develop the '�"' �'�` Gorst Subarea Plan,2012.See Volume 1, Gorst Creek �'•,'. _ F , �k Watershed Characterization & Framework Plan. �Jefferson County Watershed Characterization.As part of the County's Shoreline Master Program update, Stephen has extensive experience in assessing and Stephen conducted a characterization of the County's managing natural resources in the Pacific Northwest freshwater watersheds.This work was integrated with and along the� California coast. He has specialized in gattelle's nearshore assessment. The results were developing watershed scale tools and plans that assist used by the County in developing land use policies local governments, tribes and NGO's in successfully and environment designations. protecting and restoring wetlands, rivers and estuaries. Additionally, he has helped promote a comprehensive � Puget Sound Characterization Project.As Project � understanding of the best ways to protect and restore Manager for Puget Sound Characterization Project our watershed ecosystems through his instruction at at the Department of Ecology,Stephen secured 1.4 University of Washington wetland certificate program million in grant funds from the EPA for developing and coastal training programs. His ability to work a watershed based framework to assist local cooperatively with a wide range of stakeholders and governments in identifying the best locations for ' to convey complex information in a clear and concise protection, restoration and development actions in manner has resulted in the successful implementation of Puget Sound. The project integrates other spatial numerous watershed based land use plans. data and information on fish and wildlife,water quality and water resources and suggests approaches Educafion&Certifications for identifying scientifically based solutions for issues D B.A., Environmental Studies Emphases in Botany, UC W�thin individual watersheds.Assessment results are Santa Barbara presented on interactive web based maps along with examples and guidance on application. D B.S.,Aquatic Biology, UC Santa Barbara D City of Everett,Snohomish Estuary Wetland Integration Plan.Stephen managed the preparation of a wetland inventory, assessment and development , of an ecosystem based management plan for 12,000 acres within the Snohomish Estuary.The Plan helped establish acquisition and restoration priorities for the Estuary starting in the mid 1990's. Large portions of the estuary are now in public ownership and are in the process of being restored. CITY OF BREMERTON 2016 COMPREHENSIVE PLAN PERIODIC UPDATE-PROPOSAL o�ll BERK F E H R�'P E E RS wATERSHED ,,..,�...wu.,��.��.M�.��.no.� C;citi+enMv rr�r: WATERSHED C��N��,�rrti• SARAH SANDSTROM Ptelevant Project Exper6ence BiOlOglsi' ► Island County,Fish and Wildlife Habitat Conservation Area Update. Using a landscape-scale approach, ,�._:- Sarah spearheaded an in-depth review of existing conditions and best available science (BAS) related to the County's Fish and Wildlife Habitat Conservation Areas. These documents provided a foundation for �' ,� BERK to develop an audit of the existing policies and 1 regulations and recommend clear, innovative policies �1 and regulations backed by clear scientific rationale. ►Whatcom County, Lower Nooksack River Alternatives Analysis. Sarah is leading an interdisciplinary team of consultants to evaluate a suite actions to enhance estuarine habitat,reduce flood risk, and address socio-political consideration in the Lower Nooksack Sarah's depth of technical fisheries expertise and ability River. As project manager, Sarah manages three sub- to work collaboratively with diverse stakeholder interests consultants and coordination with county staff. The make her an asset to any team. Projects include research project is designed as an iterative process, based on and natural resource management in both salt and fresh the input of a stakeholder committee,consisting of water and published peer-reviewed and technical reports landowners, local and state agency staff,and tribal on fish and invertebrates in diverse habitats. representatives. Education&Certifications ► Kitsap County,Shoreline Master Program Cumulafive ► M.S.,Aquatic and Fishery Sciences, University of Impacts Analysis. Sarah was the lead author on Washington the Cumulative Impacts Analysis assessing whether the county's SMP met the standard of no net loss of ► B.S., Biology, Duke University ecological functions. In support of CIA development, ► Professional Wetland Scientist The Watershed Company staff provided comments and guidance on multiple sections of the County's draft ► Certified Fisheries Professional SMP and the County's Shoreline Restoration Plan. ► Pacific Northwest Conservation Banking Training, ►Skagit County,Shoreline Master Program Update. 2013 Sarah led the analysis of over 800 miles of marine and freshwater shorelines in Skagit County.Work involved � "Senior Writer"for WSDOT Biological Assessments, meeting with the advisory committee and presenting 2013 at public visioning workshops and open houses. ► Ecology's Wetland Rating Training for Western ► port of Tacoma,Advance Mitigation Design and Washington,2012 Permitting. Sarah contributed to the design and ► University of Washington Extension,Wetland Science permitting of an 18 acre stream and wetland complex and Management Certification, 2010 that will provide advance mitigation for future unavoidable impacts on Port of Tacoma properties. Sarah prepared an Advance Mitigation Plan,which included a description of the service area, credit calculations, monitoring and performance standards, site protection and stewardship mechanisms, and a credit release schedule. 'ill BERK �'�' CITY OF BREMERTON 2016 COMPREHENSIVE PLAN PERIODIC UPDATE-PROPOSAL . F E H R�'P E E RS WATERSHED .�...E...�w.v� .�.�u.�om (�(1A11'Af�Y AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5277 amending Study Session Date: May 27, 2015 Ordinance No. 5266 relating to the City of COUNCIL MEETING Date: June 3, 2015 Bremerton Fiscal Year 2015 Budget Department: Financial Services Presenter: Cathy Johnson Caroline Tompson Phone: 360-473-5296 SUMMARY: Each year the City assesses its current fiscal year budget for any needed adjustments. Adjustments are recommended for the following reasons: to adjust the estimated beginning fund balances to actual, to account for unanticipated/unexpected conditions, to incorporate 2014 carryover items, and to adjust for previously approved Council motions/resolutions etc. The attached ordinance and supporting documents outlines the various reasons for the current proposed budget amendment. ATTACHMENTS: • Ordinance No. 5277 to Amend Ordinance No. 5266 adopting the 2015 Budget • 2015 Mid-Year Budget Adjustment Memo • Detail fund listing identifying proposed line item and budget control category adjustments FISCAL IMPACTS (Include Budgeted Amount): The net adjustment for all City Funds for the Fiscal Year 2015 is $13,942,466 for a total expenditure appropriation of$150,024,742. STUDY SESSION AGENDA: ❑ No Presentation � Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda � General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5277 amending Ordinance No. 5266 relating to the City of Bremerton Fiscal Year 2015 Budget. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ORDINANCE NO. 5277 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5266 relating to the City of Bremerton Fiscal Year 2015 Budget. WHEREAS, the City Council passed the Fiscal Year 2015 City Budget Ordinance (Ordinance No. 5266) on December 3, 2014; and WHEREAS, the City Council has previously amended the budget by various motions and resolutions subsequent to December 3, 2014 which require a formal amendment by ordinance; and WHEREAS, all of the funds of the City of Bremerton require amendment to adjust beginning fund balances; and WHEREAS, City Departments and Funds expenditures and revenues require adjustment; and WHEREAS, certain reclassifications of revenues and expenditures are required to properly reflect budget categories in a manner consistent with actuals as classified in accordance with City Policy; and � WHEREAS, each of these actions has an impact on the City of Bremerton's FY 2015 Annual Budget resulting in the need to amend this Budget document; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance 5266 establishing the City of Bremerton's 2015 Budget passed by the City Council on December 3, 2014, is hereby amended as follows: 1 201 S Mid-Year Budget Amendment 2015 Budget Amended as Adopted by 2015 Fund No. Ord No.5266 Net Adjustments Budget 001 General Fund City Council $ 339,245 $ 2,700 $ 341,945 Executive 370.746 - 370,746 Financial Services 1,448,784 14,400 1,463,184 . Legal 1,073,859 12,605 1,086,464 liuman Resources 553,430 1,500 554,930 Community Development 1,617,225 (14,000) 1,603,225 Municipal Court 1;430,892 8,200 1,439,092 City Auditor 177,811 800 178,611 Law Enforcement 10,218,718 1�1,159 10,369,877 Fire/Emergency Services 8,815,354 (227,600) 8,587,754 Police/Fire Pension 2,140,825 - 2,140,82� General Facilities 1,145,135 300 1,145,435 Parks&Recreation 2,786,602 11,400 2,798,002 Engineering 2.041,444 1,243,585 3,285,029 Non-Department 3,342,165 (165,600) 3,176,565 Ending Pund Balance 3,192,752 499,147 3,691,899 Total General Fund $ 40,694,987 $ 1,538,596 $ 42,233,583 101 Arterial Street 253,010 8,246 261,256 102 Street 5,070,780 270,034 5,340,814 103 Contingency Reserve 570,196 160,044 730,240 104 Lodging Tax 551,522 43,538 595,060 105 Parking System 1.530,228 116,196 1,646,424 106 Community Dev.Block Grant 1,149,521 122,750 1,272,271 108 Abatement Revolving 345,363 64,317 409,680 110 Police Special Projects 708,996 33,039 742,035 113 Public Access Television 828,693 123,439 952,132 I 14 Gift&Donation Fund 83,069 53,163 136,232 116 Triallmprovcmcnt 110,118 2,017 112,135 I 17 One Percent F'or Arts 51,206 220 51,426 120 Conference Center Operating 1,752,043 (100,286) 1,651,757 203 2010 L'I'GO 696,000 (1,682) 694,318 204 2010 UTGO/L"fG0(B) 1,151,737 7,826 1,159,563 20� Government Center LTGO 400,172 (24) 400,148 308 General Gov't Capital Improvement 1,260,782 93,648 1,354,430 310 Park Facilities Construction 270,270 (132,195) 138,075 331 Lower Wheaton Way 97,712 861,991 959,703 334 Washington Avenue Connector 3,457,818 777,917 4,235,735 401 Water Utility 14,691,039 1,215,106 15,906,145 404 WaterCapital 6,106,781 (371,126) 5,735,655 407 GolfMountainGolf 4,461,1I8 (194,918) 4,266,200 451 Wastewater Utility 18,235,814 1,072,750 19,308,564 454 WastewatcrCapital 9,628,425 1,366,760 10,995,185 481 Stormwater Utility 3,993,768 (510,197) 3,483,571 484 StormwaterCapital 4,189,171 851,387 5,040,558 499 Utility Debt Reserve - ],735.730 1,735,730 503 Risk Management 3,903,971 170,490 4,074,461 504 Self Insurance Health and Welfare Reserve - 4,765,000 4,765,000 506 Employment Securiry 497,586 42,235 539,821 507 Accumulated Leave Liability 634,163 49,115 683,278 509 ER&R-Operations&Maintenance 1,801,850 (146,501) 1,655,349 510 ER&R-Reserves 5,604,545 (140,028) 5,464,517 511 Information Services 1,299,822 (6,131) 1,293,691 Total All funds 13 , , 7 1 , 2,4 l5 , 2 ,7 2 2 201 S Mid-Yeur Budget Amendment SECTION 2. That the totals for the funds noted in Section 1 above are hereby appropriated for the fiscal year 2015. SECTION3. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. E�'fective 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 PUBL[SHED the day of , 2015 EFFECTIVE the day of , 2015 ORDINANCE NO. 3 2015 Mid-Year Budget Amendment , I I I � `� � � � � � M�morandum To: c�y co�� Mayor Patty Lent Fr0!'f'1: CarolineTompson, BudgetMalyst � R@: 2015 Mid-Year SudgetAmendment, Ordinance No. 5277 Da�@: .lune 3,2015 The Ci#y adopted the 2015 budget by Ordinance No.526fi on December 3,2014. Each year the City assesses its current fiscal year budget and addresses any needed adjuatments that have come#o the a�ention of the etaff in Financial Servioes.Adjustments for both revenue and expenditur+es are brought forwarci for the following reasons; to adjust the estimated beginning fund balances ta actual,to acoount for subsequent unantidpated/unexpec�ed oondfions,�account for previously approved projects that were underway in 2014�et were not cmncluded and require carryover expendtture authority,to reallocate revenue and expenditure line items within budget control cetegories with zero net increase,and to formally aa:ount for various counal motionslresalutiona previously appraved during 2015. Enclosed is the mid-year budget amendment ordinanoe and supporting scffedules. Items that have not been previously approved by Co�ncil are as follaows: • The Damion application used in the Prosecutors Office is no longer support�by Windows 2003 end requir�es an upgrade and budget adjustment in supplies and servic�s in both IT and Legal Depertment, $�4,505. • To reflect the changes iderrtified in the amended TBD budget,an increase in the Street Fund accoun#s for the compietion of TBp Marine Dr_/Trenton Ave grind and patch project,$30,000. • A decrease in supplies and services is budgebed in#he Conference Center Fund to a000unt�or reduced management fees associated with the Fountain Room,$12,000. o Gold Mountain Golf includes a reducdon in supplies and services for reduoed major maintenanoe, $15,000. • The previously approved Lillian Walicer Park project is being realfocated from�e Parks Construction Fund to tl�e Stortnwater Conshuction Fund.The Stormwater Fund is the awner of the property and the total project oost amounts to$170,850.The project was previously budgeted in the amount of$145,850 and includes a qrryover am�urrt of$25,000 frorn 2Q14. • An increase in personnel for extra help is budgeted in Financia!Senrices due tv a vac�ancy within the department The temporary extra help wi!!cover the front caunter and assist with other one- tims projects,$15,000. . The Municipel Court budget includes a$7,OOd increase in suppties artd services to purchase a used community service van.The van will replaoe s 1998 Ford Vlfindstarwith over 173,000 miles. ` The General Fund Parks Capital budget indudes$98,Q00 for the purchase of a permanent stage to be placed on the 8oardwalk. Additionally,the mid-year budget amendment includes increases in personnel for previously approved v�rage adjustments and decreases for medical savings associated with the transition�o a partially self- funded medicei plan. . The General Fund amended ending fund balance of$3,891,899 exceeds the 8.595 target level by �523,567 after proposed adjustrner�ts. The budget adjustments are neoessary to properly reflect the natur+e and extent of revenues and expenditures of the various City funtls and deRartments. The atFached ordinanoe and suppor�ng schedules(by fund)include adjustments by budget control category for both revenues and expenditures with a City-wide appropriation of$150,024,742. i 2 � ; i i (:ITY OF BREMERTON 2015 ANTICIPA7'ED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND For the Year Ended December 31,2015 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes Property $ 8,226,065 $ 8,226,065 $ - Sales 7,200,000 7,200,000 - Other 7,721,500 7,721,500 - Licenscs and Permits 1,037,400 1,037,400 - lntergovernmental 1,064,182 2,255,367 1,191,185 Chazges for Services 5,500,392 5,�60,392 60,000 Fincs and Forfeitures 979,700 979,700 - Miscellaneous 235,480 235,480 - . Transfers In&Other Financing 4,371,785 4,371,785 - Total Revenues 36,336,504 37,587,689 1,251,185 EXPENDITURES PersonnelExpenses 27,890,100 27,650,859 (239,241) Supplies,Services,and Taxes 9,044,095 10,451,785 1,407,690 Capital Expenditures 145,000 16,000 (129,000) Debt Service 13,040 13,040 - Transfers Out 410,000 410,000 - � Total Expenditures 37,502,235 38,541,684 1,039,449 CHANGES IN FUND BALANCE Net change in fund balances (1,165,731) (953,995) 211,736 Fund Balances-beginning 4,358,483 4,645,894 287,411 Fund Balances-ending $ 3,192,752 $ 3,691,899 $ 499,147 GENERAL FUND EXPENDI'fURES BY DEPARTMENT City Council $ 339,245 341,945 $ 2,700 Executive 370.746 370.746 - Financial Services 1,448,784 1,463,184 14,400 Legal Departmcnt 1,073,859 1,086,464 12,605 Human Resources 553,430 554,930 1,500 Community Development 1,617,225 1,603,225 (14,000) Municipal Court 1,430,892 1,439,092 8,200 City Auditor 177,811 178,611 800 Police Depanment 10,218,718 10,369,877 151,159 Fire Department 8,815,354 8,587,754 (227,600) Policc&Fire Pension 2,140,825 2,140,825 - General Facilities 1,145,135 1,145,435 300 Parks&Recreation 2,786,602 ?,798,002 11,400 Engineering 2,041,444 3,285,029 1,243,585 Non-Departmental 3,342,165 3,176,565 (165.600) Total Expenditures $ 37,502,235 $ 38,541,684 $ 1,039,449 The target ending fund balance is 8.5%of annual expenditures excluding capital. The target fund balance for the 2015 budget as amended(excluding one-time pass thru Tunnel Project)is$3,168,332 The actual ending fund balance after the proposed amendments is$3,691,899 which is higher than the target amount by$523,567. The 2015 budget as proposed,includes an ending fund balance which exceeds the target,and is increased from the previously adopted budget by$499,147. The financial planning goal is to maintain an ending fund balance that meets or exceeds the target level. FUND 001 CITY OF BRE�tERTO� 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE GGNERAL FUND For the Year Ended December 3 l,2015 Bud�et Adiustments: Itcros Previousiv Approved bv Council or Finance Committee Expenditure-Increase personnel in Police for Lead Evidence position reclassification (9,259) Revenue-lncrease intergovernmental due to Navy Tunnel Project 1,251,185 Expenditure-Increasc supplies and services due to Navy Tunnel Project (1,251,185) Revenue-Reduce intergovernmental due to technical correction(police) (60,000) Revenue-Increase charges for services due to technical correction(police) 60,000 Expenditure-Decrease capital in Facilities and reallocate to supplies and services(technical correction) 145,000 Expenditure-Increase suppiies and services in Facilities due to reallocation from capital(technical correction) (145,000) Expenditure-Increasc personnel throughout City Departments for 2.5%wage adjustment (642,900) Expenditure-Decrease personnel throughout City Departments Cor reduced medical costs 740,800 Expenditure-Decrease personnel in Non-Dept personnel set aside 165,600 New ftems Not Previouslv Approved bv Council Expenditure-Increase supplies and services in Legal(prosecution)for technology upgrade (4,505) Expenditure-Increase personnel in I�iance for tcmporary extra help (15,000) Gxpenditure-Increase supplies and services in Municipal Court to replace community service van (7,000) Expenditure-Increase capital in Parks for Board�valk stage (16,000) Net adjustment to ending fund balance required $ 211,736 FUND 001 CT6'Y�F BYtEMER'd'ON 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE ARTERiAL STREET FUND For the Year Ended Decemt�er 3l,20]5 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVLNUES Taxes ProPertY $ _ $ - $ - Sales - - - Other - - - Licenses aad Permits = - - Intergovemmental - - ,. Charges for Setvices _. . Fines and Forfeitures -. . Miscellaneous .. - - Transfers in = - Total Revenaes - • - EXPENDITURES Personnel Fxpenses - - , . Supplies,Services,and Taxes - . - Capital Expenditures • Debt Service - -. -- Transfers Out 126,700 141,103 14,403 Total Expeoditures 126,70Q 141,103 14,4�3 CHANGES IN FUND BALANCE Net change in fund balances (126,700) (141,103) (14,403) �nd Balances-beginnin€; 253,010 261,256 8;246 Fund Balances-eoding S 126,310 $ 120,153 $ 6,]57 Budget Adiustments: Items Previously Approved�v Council Expenditure-Increase transfers-out to WA Ave Connector Flmd 334(carryover) (14,403) Net adjustmen.t to ending fund balance required $ (l4,403) FUND 101 CITY OF BREMERTON 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE STREET FUND For tfie Year Ended December 31,2015 Proposed Adj Requued Adopted Amended From The Budget Hudget Adopted Budget 2015 2d15 2015 REVENUES Taxes ProPertY $ . $ - $ - Sales _ = - Other(parking tax) 500,000 500,000 = Licenses and Permits = - - Intergovernmental(fuel tax) 2,156,Q00 2,156,000 - Charges for Services 559,750 5$9,750 3U,OQ0 Fmes and Forfeitures - . Miscellaneous 30,800 30,800 -. Transfers in&Other Revenue 1,466,672 � 1,541,672 75,000 TotalRevenues 4,7131222 4,8T8,222 105,000 EXPENDITURES Personnel Expenses I,284,900 1,275,600 {9,300) Suppfles,Services,aad Taxes 2,427,596 2,457,596 30,OOU Capital Expenditures 800,000 875,000 75,000 Debt Service • - - Trer�sfers Out - _ - Total Expenditures 4,512,496 4,608,19b 95,700 CHANGES IN FUND BALANCE Net change in fund balances 200,726 2 t0,026 9,300 F�mdBalances-beguming 357,558 522,592 1b5,034 Fund Balances-ending $ 558,284 $ 732,618 $ 174,334 Bndeet Adiustments: Items I'reviously Approved Council ExpendiWre-Increase personnel for 2015 wage adj�stment (2b,400) ExFendiume-Decrease personnel for savmgs in medical 35,700 New Itams Not Previouslv Appmved bv Covncil Revenue-Increase charges for services for completion of TBD Marine Dr/Trenton grind&patch 30,000 Expenditure-Increase supplies aad services for TBD Marine Dr/Trenton grind&patch (30,000) Revenue-Inctease other revenue for electrical cabinet insurance recovery(Pendergasi Park) 75,000 Expenditure-Inczease capital for electrical cabinet replacement(Pendetgast Park) (75,000) Net adjustment to ending fnnd balance required $ 9,300 FUND 102 CITY OF BREMER'd'ON 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE CONTINGEAiCY RESERVE FUND For the Year Ended December 31,2Q I 5 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes ProPertY $ - $ - $ - Sales - - Other - Licenses and Permits - . - Itttergoverrtmental - - - Charges foz Services -. - - Fines and ForFeitures - - - Miscellaneous 2,900 2,900 - Txansfers in SO,d00 50,000 - Total Re�eaues 52,900 52,900 EXPENllITURES Personnel Expenses _. - - Supplies,Services,and Taxes - - - Capital Expenditures - - . Debt Service - Transfers Out _ -- - Total Expenditures - - CHANGES IN FUND BALANCE Net change iti fund balances 52,900 52,900 - Fund Balaaces-heginning 517,296 677,340 160,044 Flu�d Balances-endmg $ 570,196 $ 'I30,240 $ 160,Q44 Bad t A 'ustm n • ge d� e ts. � New Items Not Previoasly Approved bv Council Net adjustment w ending fund balance required $ � � � , +. FUND 103 ;, t: � � ! I I CITY OF SREMERTON 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHAAIGES IN FUND BALANCE LODGING TAX FUND For the Year Eaded December 31,20l 5 Proposed Adj Required Adopted Amended From T`ha Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes ProPeriY $ - $ - $ - Sales - • = Other(hoteUmotel tax) 393,000 393,000 = Licenses and Permits _ _ a Intergovernmenta! - - _. Charges for Servic$s - _ Fines and Forfeitures - N[iscellaneous 700 700 - Transfer5 in - - - TotalRevenues 393,70U 393,700 - EXPEND[TURES Personnel Expenses - - - Sapplies,Services,and Taxes 243,000 243,000 -. Capital Expenditures - - Debt Service - - - Transfers Out 155,000 ISS,ODO - Toffi1 Expenditiu�es 398,000 398,OOU - CHANGES IN FUND BALANCE Net change in fimd balances (4,300) (4,3(?0) - Fund Balances-beginnmg 157,822 201,360 43,538 F1uid Balances$nding $� 153,522 $ 197,060 $ 43,538 Bndee4 AdjQstmenfs: Items Previously Approved by Covncil Net adjust to ending fund balance tequired $ - FUND 104 CITY UF BREMERTON 2015 ANTICIPATED REVENUES,FJCPENDITURES AND CHANGES IN FUND BALANCE PARKING SYSTEM FUND For the Ye,ar Ended December 31,2015 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Bud�et 2015 2015 2015 REVENUES Taxes ProPeriY $ - $ - $ - Sales - - - Other - - . Licenses and Permits - _ -. Intergovernmental = - . _ Charges for Sarvices - - - Fines and ForFeitures 200,000 200,000 Miscellaneous 1,120,OQ0 1,120,000 - Transfersin&Other Revenue -_ - - Total Revenues 1,320,000 1,32U,000 - EXPENDTY'IJRES Personnel Expenses - . - Supplies,Services,and Taxes 740,981 740,981 Capital Expenditures 20,000 20,000 _ Debt Service 481,208 48l,208 - Transfers Out 85,000 85,000 - Toial Expenditures 1,327,189 1,327,189 - CHANGES IN FUND BALANCE Net change in fund balances (7,I 89) (7,189) , Fund Balances-beginning 210,228 326,424 116,196 Fund Balances-ending $ 203,039 $ 319,235 $ 116,196 Budeet Adjustments: New Items Previouslv Anproved bv Co�mcil New Items Not Previously A�proved by Council Net adjuslment to ending fund balance required g FUND 105 ' CITY OP'BREMERTON 20i5 ANTTCIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE COMNIUNITY DEVELOPMENT BLOCK GRANT For the Year Ended December 3 l,2015 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes Property $ - $ -- $ - Sales - - - Other - _ Licenses and Permits - . Intergovernmental 890,043 890,043 - Charges for Services 30,000 30,000 - Fines and Forfeitures - _ _ Miscellaneous 7,125 7,125 - Transfers'vn 35,000 35,000 - Total Revenues 962,168 962,168 EXPENDITURES PersonnelExpenses 123,7�0 123,300 {400) Supplies,Services,and Taxes 66�,684 667,684 Capital E�cpenditures - .. . Debt Service = _ . Transfers Out 145,850 ]70,850 25,000 Total Expenditures 937,234 %1,834 24,600 CHANGES IN FUND BALANCE Net change in fund balances 24,434 334 (24,600) , Ftiu�d Balances-begit�ning 187,353 310,103 122,750 Fued Balffi►ces-ending $ 212,287 $ 310,437 $ 98,150 � B�deet Adiustmeats: Items Previously Aonroved bv Council Expeaditure-Increase transfers-out to Stormwater Capital F�ad fa�LIllian Walker Park(cerryover) (170,850) Expenditure-Decrease trensfers-out to Parks Construction for LiUian Walkea Park moved to Stormwater 145,850 Expenditure-Increase personnel for 2015 wage adjusm�ent (2,600) Expenditure-Decrease personnel for savings in roedical 3,000 Net adjusiment required to the ending fund balance $ (2�1,600} I:; FUN� 706 (; ;. i: �.. Q�F BREMERTON 2015 ANTICIPATF.D REVENLTES,BXPENDITURES AND CHANGES IN FUND BALANCE ABATEMENT REVOLVING FUND For d�e Yeat Ended Decamber 31,201 S Proposed Adj Requ'ved Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes ProPe�'t�' $ - $ - $ . Sales . = _ Other - _ - Licenses and Permits - _ _ Intergovernmental - - - Charges for Services - " _ Fines and Forfeitures 35,000 35,000 - Miscelleneous 1,000 1,000 _. Transfers in _ _ Total Revenues 36,000 36,000 - EXPENDITURES Personnel Expenses - - Supplies,Services,end Taxes 53,500 53,500 -, Capital Expenditures . _ _ Debt Service _ _ Transfers Out 85,000 55,000 - Total Expenditures 138,500 , 138s500 = CHANGES IlV FUND BALANCE Net change in.fund balances (102,500) (102,500) - FY�ad Balances-beginning 309,363 373,680 64,317 Fund Ba�ances-ending $ 206,863 $ 271,180 $ 64,317 , ., � �udeet Adlustments: New Items Not Previously Approved bv Council Net adjustment to ending ftmd balance requ'ved $ _ FUND 108 CITY OF BREMERTON 2015 AN'TICiPATED REVEMJES,EXPENDITURES AND CHANGES IN FUND BALANCE POLICE SPECIAL PROdECTS FUND For the Year Ended December 31,2015 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes ProPert3' $ $ - $ - Sales - - - Other - - - Licenses�d Permits = - - Intergovernmental - - Charges for Services - - - Fines and Forfeitures l S,QQO 15,000 . Miscelianeous ?3,500 73,500 -. 'IYansfers in - - - Total Revenues 88,500 88,500 = EXPBNDTTURES Personnel Expenses •- - - S�pplies,Services,and Taxes 472,595 472,595 _ Capital Exgenditures 90,Q00 90,000 - Debt Service -- - Trensfers Out - - - Total Expenditu�es 562,595 562,595 - CHANGES IIV FI3ND BALANCE Net change in fund balances (474,095) {474,095) - Fund Balances-beginn6mg 620,496 653,535 33,039 F�md Bal�ces-ending $ 146,401 $ 179,440 $ 33,039 Hnd�et Adinstments: New Items Not Previouslv Appmved by Council Net adjustment to ending fimd balance required $ FUND 110 . CITY OF BREMERTON 2015 ANT[CIPATED REV£NUES,EXPENDITURES AND CHANGES IN FUNp BALANCE PUBLIC ACCLSS TELEVISION OPERATIONS FUND For the Year Bnded December 31,2015 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 20I5 20I5 REVENi7E5 �� Taxes ProPertY $ - $ - $ - Sales _- : Other(city PEG fees) . _ _ Licenses and Permits 280,000 280,000 - Intergovernmental 18,000 - {18,000) Charges for Services 124,010 124,010 Fines and Forfeihmes - , _ _ Miscellaneous 47,800 65,800 18,000 Transfers in - - Total R.evenues 469,814 469,810 - EXPENDITURES Personnel Fxpenses 348,500 334,900 (13,600) Supplies,Services,and Taxes 54,524 54,524 - Capitai Expenditures 46,000 46,000 - Debt Service Transfers Out - _ _ Total Expenditures 449,Q24 435,424 (13,60U) CHANGES IN FUND BALANCE Net change in fund balances 20,786 34,386 13,6U0 F�md Balances-beginning 358,883 482,322 ]23,A39 Fund Balances�ending $�379,6.,69� $ 516,708 $ 137,039 Bud�et Adiastments• Itsms Previouslv Approved bv Council Revenue-Reduce Intergovernmental due to technicat correction (18,ppQ) Revenue-Incxease Miscellaneous due to technical correction 18,000 Expenditure-Increase personnel fnr 2015 wage adjustment ('7,lpp) Expenditure-Decrease personnel due to savings in medical 20,700 Net adjushnent to ending fund balance requirad $ 13,600 FUPID 113 CITY OF BREMERTON 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE GIFT AND DONATIOAI FUND For the Year Ended December 31,2015 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes �P�Y $ - $ _ $ - Sales - - . Other - -- . Licenses and Permits - = - Intergovemmental - _ - Charges for Services - - , Fines and Forfeitures - _- Miscellaneoas 4,750 4,750 - Transfers in - - . Total Revenues 4,750 4,750 - EXPENDITURES Persomiel Expenses - - - Supplies,Services,and Taxes 5,500 5,500 ; Capital ExpendiUu�es - 32,320 52,320 Debt Service • . . Transfers Out 30,000 30,000 - Total Expendit�es 35,500 87,820 52,320 CHANGES IN FUND BALANCE Net change in fund balances (30,750) {83,070) (52,320) Fund Balances-begim�ing 78,319 131,482 53,163 F�tnd Balances-ending $ 47,569 $ 48,412 $ 843 Bad�et Adip�qQts: ltems Previously Approved by CQuncil Expenditure-Increase capital for Senior Ceater parking lot paviag(cazryover) (52,320) Net adjusm�►ent to ending fimd balance required $ (52,320) FUND 114 CITY OF BREMERTON 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE TRIAI.IMPROVEMENT FUND For the Year Ended Decembar 31,2Q 15 Proposed Adj Required Adopted Amended Fmm The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes �P�Y $ - $ - $ = Sales - - _ Other _ _ _ Licenses and Permits . - Intergovemmental 30,OOQ 30,000 Charges for Services Fines and Forfeitures _ _ ��an�� 325 325 - Transfers in _ _ Total Revenues 30,325 30,325 - EXPENDITURES Personnel Expenses _ _ Supplies,Services,and Taxes i5,000 15,000 _ Capital Expenditures _ _ : Debt Service _ , .. � Transfers Out - _. _ Totai Expenditures I5,00(l 15,000 CHANGLS IN FUND BALANCE Net change in working capital 15,325 15,325 - Fund BQlances-begirming 79,793 81,810 ?,017 Fund Balamces-ending $ 95,i I 8 $ 97,135 $ 2,017 —..,.__ � B et Ad'us ents• Items PreviQusly Aptnoved by Councit Net edjusqneat to ending fund baisnce required $ _ t �UND 118 I �. ; ,, CIT'Y OF BRE�ERTON 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE ONE PERCENT FOR AItTS FUND For tbe Year Ended December 31,2015 Proposed Adj Reguired Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes ProPertY $ - $ = $ Sales . _ _ Other - _ _ Licenses and Peimits - _ � Intergovemmental -. _ Charges for Services _ . _ Fines and Forfeid�res - _ Miscellaneoas . _ Transfers in •- . _ Total Revenues .- - _ EXPENDI'FURES Personnel Expenses - - __ Supplies,Servic�s,and Taxes 500 500 - Capital Expenditures • _ : Debt Service - _ _ Transfers Ovt - . _ Total Expenditures 500 500 CHANGES IN FUND BALANCE Net change in worldng capiral (500) (S00) - Flmd Balances-be$inning 51,206 51,426 220 Fund Balances-ending $ 50,706 $ 50�926 $ 220 Budeet Adiustments: New Items Not Pieviouslv Approved by Council Net adjushnent to ending fund baiance require� $ FUND 117 CITY OF BREMERTON 2015 ANTTCIPAI'ED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CEAITER OPERATIONS For tite Year Faided December 31,2015 Proposed Adj Required Adopted Amended Frotn The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes �P�Y $ -. $ ,- $ . Sales . - om� _ - Licenses and Peimits ,. _ _ Intergovernmental -. : _ Charges frn Services t,399,021 1,399,021 - Fines and Forfeitures - _ _ Miscellan�us 5,750 5,750 - Transfers In 8t Od�er Revenue 155,000 155,000 Total Revanues 1,554,771 1,559,771 - EXPENDITURES Pe�sonnel Fxpenses = - _ Supplies,Services,and Taxes 1,550,988 1,538,988 (12,04Q) c��t��a�c�r� io,000 io,00a _ Debt Service 102,60Q 102,600 Transfers�t - - Total Expendihues 1,663,588 1,651,588 {12,000) CHANGES IN FUND BALANCE Net change in fund bal�ces {103,817) (91,817) 12,000 F�nd Balances-beginning 192,272 91,986 100,286) Fund Baiances-ending $ 88,455 $ 169 $ �(8� Budeet Adiustmeats: Items Not Previously Approved by Cauncil Expendit.ure-Decrease supplies and services far reduced mg�mt fees associated with fouu�in room 12,000 Net adjustmem required W the ending fund balance $ 12,000 fUND 12Q ClTY OF BREMERTON 2015 ANTIC[PATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE 2010 LTGO For the Year Ended December 31,2015 Proposed Adj Required Adopted Amended Fram The Budget Budget Adopted Budget 2015 2015 2015 REVEIVUF.S Taxes �'oP�Y $ 2,025 $ $ Saies 335,500 335,500 - Other - _ . Licenses snd Permits :- � _ Intergoverntnental 111,080 111,080 - Charges for Services _ _ � Fines and Forfeitw�es _ Miscellaneous 1.OQ0 1,000 - T�g�'s m 120,000 120,000 Total Revenues 569,605 567,580 - EXPENllITURES Personrtel Expenses - _ . Supplies,Services,and Taxes - . _ C�pital Fxpenditures _ _ Debt Service 547,493 547,493 - Traasfers Out _ _ Total Expenditares 547,493 547,443 = CHANGES IN FUND BALANCE Net changa in fimd balances 22,112 20�087 (2,02� Fund Balances-begintiing 126,395 12b,738 343 Fund Balances-ending $ 148,SQ7 $ 146,825 $ 1,682 � — Budget Adinstments• New Items Not Previous A ved b uncil Net adjustrnent requaed to the end�g fund balance $ _ FUND 203 . �; i' ► CITY OF BREMERi'OP! 2015 ANTICIPATED REVENUES,EXPEIVDITURES AND CHANGES[A1 FUND BALANCE 2010 iTTGO/LTGO(B) For the Year Ended December 3l,20l 5 Propased Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVEN[1ES Taxes �P�'ty $ 891,000 $ 841,000 $ - Sales - _ .-_ Other - . _ Licenses and Aermits . _ . Intergovernmemal 33,582 33,582 - Charges for Services - _ Fines and Forfeitures - _ Miscellaneous 1,000 1,000 _.. Transfers in 147,500 147,500 - Total Revenues 1,073,082 1,073,082 EXPENDITURES Personnel Expenses - - - Supplies,Services,and Taxes - - _ Capital Expenditares - - - Debt Service 1,058,782 1,�58,782 - Transfers Out - . Total Expenditw�es 1,058,782 1,058,782 - CHANGES IN FUND HALANCE Net change in fund balance.s 14,300 14,300 - Fund Balances-beginning 78,655 86,481 7,826 Fund Balances-ending $ 92,955 $ 100,781 $ 7,826 B�d¢et Adinstments: I�Tew Items Not Previouslv A�provad by Council Net adjustmeirt required to ti�e ending fund balance $ _ FUND 204 CITY OF BREMERTON 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES]N FUND BALANCE GOVERNMENT CENTER GTGO For die Year Ended December 31,2015 Proposad Adj Roquited Adopted Amended Fmm The Budget Budget Adopted Budget 2015 2015 2015 REVEN[JES ' Taxes �Pem' $ -. $ - $ - Sales - _ _ Odter . _ _ Licenses and Perniitv _ _ _ Intergoverntnental . . _ Charges for Services - _ Fines and Forfeitures - _ . Miscelimieous 450 450 - Transfersin&Ot�er Revenue 393,800 393,800 - Total Revenues 394,250 394,250 - EXPENDITURES . Personnel Expenses . _ . Sbpplies,Services,and Taxes - __ . Capital Expenditures . _ _ Debt Service 331,473 331,473 - Transfers Out - - Total Expendittues 331,473 331,473 - CHANGES IN FUND BALANCE Net change in fund balances 62,777 62,7T7 - Fund Balances-beginn�g 5,922 5,898 {24) Fund Balances-ending $ 68,699 $ 68,675 $ {24) Budeet Adiustments: Items Previously A�sroved by Councii Net adjustment requued to thc endiug fund balance $ _; FUND 205 CITY OF BREMERTON 2015 ANTICIPATED REVENUES,CJ�ENDINRES AND CHANGES IN FUND BALANCE GENERAL GOdERNMENT CAPITAL Ilv�PROVEMENT FUND For Ehe Year Endcd Deoe►nber 31,20I S Proposed Adj Requaed Adopted Amended Fmm 1fie Budget Sudget Adopted Budget 2015 2015 2015 REVEM3E5 Taxes Pr°pertY $ - $ - $ Sales . Qther(Real�state Excise Taxes) 700,000 700,000 Licen�s and Permits - Intergovernmental - .. Charges for Services - _ Fines and ForFeit�mes _ . Miscellaneous 1,500 1,500 - Transfe�s in&Other Revenue - Total Revenues 701,500 701,500 . EXPENDiTURES Personnel F.xpenscs - • - Supplies,Services,and Taxes - . . Capital Pxpenditures - � - Debt Service . _ Transfers Out 7'I6,300 963,6Q7 187,307 Total Expenditures 776,300 963,647 187,307 CHANGE5 IN FUND BAI.ANCE Net change in fund balances (74,800) (262,10'n (187,30T} Fhnd Balences-beginning 539,2$2 652,930 93,648 �'uad Balances-ending $ 484,482 � 390,823 $ 93,b59 Badset Ad�ustmenta: Items PreviaLclv Ap�roved by Council Expendidu�e-increase Usnsfers-out to WA Ave Comiector Fund 334 {187,30� Net adjosement reyuired to the ending fiind balance $ (!87,307) FUND 308 CITY OF BREMERTON 2015 ANTICIPATED REVEMJES,EXPENDITURES AND CHANGES IN FUND BAi.ANCE PARK FACILTTIES CONSTRUCTION FUND For the Year Ended December 31,2015 Proposed Adj Required Adopted Amended From'll�e Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes ProPerty $ - $ • $ �- Sales - _ Other - . _ Licenses and Permits - - Intergoverrunentai . _ _ Charges for Services _ _ , Fines and Forfeitures - _ Miscellaneous 5,000 S,Q00 - Transfers in&Other Rcvenue 145,850 - {145,850) TotalRevenues 150,850 5,000 (145,850) EXPENDTI'[JRES Personnel Expenses - .- - Supplies,Services,and Taxes = - . Capital E�enditures 209,850 105,150 (104,700) Debt Service - _ Transfers Out _ _ Tota(Expanditwes 209,850 105,150 (I04,700) CHANGES IN FUND BALANCE � Net change in fund balences (59,000) (100,150) (41,150) Fund Balances-beginning 119,420 133,075 13,655 Fund Balances-ending $ 60,420 $ 32,925 $ 27 495 � � Bnd�et Adlusttnents: Ttems Pc�eviously A�proved bv Council Expenditure-Increase c�pital for ADA curb cuts at Evergneen Park A�ible Playground(canyover) (9,500) 6xpenditure-Decrease capital for Liqian Wallcer Park{carryover 8t moved to Stormwater Capital) 145,850 Revenue-Decrease ott�er revenue for Lillian Waiker Park Projed(c�Ryov�&moved to Stom�water Capitaf) (145,850) Expenditure-Inc�ase capital for Kiwenis Park slope stebilization(canyover) (l 0,350) Expandibue-Increase capital for Kiwanis Park Fanbaakmert Stide(carryover) (21,300) Net adjustiment r�quired to the ending fund balance $ 41,150 FUND 310 CITY OF BRERAERTON 20l 5 ANTICTPATED REVENUES,EXPENDTTURES AND CHANaES IN FUND BALANCE LOWER WHEATON WAY For the Year Ended December 31,2015 Proposed Adj Required Adopted Amended From The Sudget Sudget Adopted Budget 2015 2015 2015 REVENUES Taxes �P�Y $ • $ - $ •--. ' Sales - - - ati� - - = Licenses and Petmits • - - Intergov�nmental 10,000 380,377 370.377 Charges for Services - _ Fines and Forfeitures , - Miscellaneous - Transfers in - 55,543 55,543 Totat Revenues 10,000 435,920 425,920 F.XPENDITURES Pecsonnel Expenses = - - Supplies,Services,and Taxes - - - Capital Expenditures 10,000 953,540 943,540 Debt Service - - - Transfers Out - - Total Expenditures l0,OQ0 953,540 943,540 CHANGES W FUND BALANCE Net chenge in working capital - (517,620) (517,620) Flmd Balances-beginning worldng capita! 87,712 523,783 436,071 Fnnd Balances-ending wor{dng capital $ 87,712 $ 6,163 $ 81,549 Budget Adiastments: �tems Previously Approved by Coimci! Revenue-Increase Intergovemmental for TIB grant 37Q,377 Revenue-Increase Transfer-in fmm Water Capitai Fund 6,602 Revenue-Tncnease Transfer-in from Wastewater Capital Fund 41,139 Revenue-Increase'I�ansfer-in from Stormwater Cepitai Fund '7,gp2 Expenditura-Increase Capital (943,540) New Items Not Previouslv ved by Council Net adjustment roquired to the ending fund balance $ (S 17,620} FUND 331 Citv of Bremerton 2015 AMICIPATED REVFsNUES,Q�ENDITURES ANJ}CHANGES IN FUND BALANCE WASHINGTON AVE CONNECTOR FUND For the Year Ended December 3 t,201 S Proposed Adj Reqnired Adopted Amended Fmm The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes �P�Y $ - $ - $ - Sales . . _ Ott►er - � . Licenses and Permiis - _ _ Intergovemmental 1,470,000 ],533,223 63,223 Charges for Services - 372,720 372,720 Fines and Forfeitunes . . Miscelieneous . - Trensfers in&Other Revenue 1,835,000 2,132,640 297,640 TWaI Reveaues 3,305,000 4,038,583 733,583 �XPENUITURES Personnel Expenses - - _. Supplies,Services,and Taxes _ - . Capital Expenditures 3,271,750 4,235,935 963,985 Debt Servlce _ _ -.: Transfers Out = _ _ Total Expenditures 3T 27� 1,750 4,235,735 963,985 CIiANGES 1N FUNll BALANCE Netchangeinfundbalances 33,250 (197,152) {230,402} Fimd Balenc�s-beginoing 152.818 197,152 44,334 Fund Balscices-ending $ 186,068 $ - � $ (186,068} Budget Adiostments: Items Previously A roved by Council Revenue-Increase intergovernmental 63,223 Revenue-Increase charges for services 372�720 Revenue-Increase miscellaneous revenue 4,ppp Revenue-Increase transfers-in _ 293,280 Revenue-Increase miscellaneous revenue 360 Expenditure-Iacrease capital {%3,985) Net adjustrnent r+equired to the ending fund balance $ (230,402} FUND 334 , City of Bre�,nerton 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN P'IJND BALANCE WATER UTII..ITY For the Year Ended December 31,2015 Proposed Adj Required Adopted Amended From"I�e Budget $udget Adopted Budget 2015 2015 2015 REVENUES Taxes Property $ - $ - $ . Sales - Other .. _ Licenses and Permib : _ _ lntergovernmeatal - - _ Charges for Services 11,092,823 11,092,823 - Fines and Forfeitures 34,035 34,035 - Miscellaneous 392,225 392,225 - Transfers in&Other Revenue - - _ Total Revenues 11,5]9,083 11,519,(183 - EXPENDITURES Personnel Expenses 3,588,000 3,577,100 (10,906) Supplies,Services,and Taxes 3,809,311 3,809,311 - Capi�l Expenditures - - - Debt Sarvice 825,705 825,705 = Transfers Out 3,192,2I4 3.192,214 - Total Expendihu�es 11,415,230 11,404,330 (10,900) CHANGES iN WORKING CAPITAL BALANCE Net changa in working capital 103,853 114,753 10,900 � Fund BaIences-beginning working cepital 3,171,956 � 4,387,062 1,215,106 Fuad Balences-ending working capital $ 3,275,809 $ 4,501,815 $ ]L226,006 Budeet Adjustments: New Items Previously Atmroved by Co�mcil Expenditura-Increase personnel for 2015 wage adjustment (73,7pp) Expenditure-Decrease personnel due to savings in medical 84,600 Net adjustment r�ui�d to the ending fund balance $ 10,900 FUND 401 CITY OF BREMERTON " 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES 1N FUND BALANCE WATER CAPITAL For the Ycar Ended Dcccmber 31,2015 Proposed Ad� Required Adopted Amended From Thc Budget Budget Adopted Budget 20i5 2015 2015 REVENUCS TaYes Property $ - $ - $ - Sales � - - - Other - - - Licenses and Permits - - - Intergovernmental - • - - Charges for Sen��ces - - - Fines and Forfeitures - - - Miscellaneous 3,700 3,700 - Transfcrs m&Other Revenue 3,313,39] 3,313,391 - Total Revcnues 3,317,091 3,317,091 - �XPENDITUR�S Personnel Expenses 42,300 43,300 I,000 Supplics,Services,and Taxes 1,077,700 1,077,700 - Caprtal Expenditures 3,648,000 3;419,928 (228,072) Debt Service - - - Transfers Out 300,000 528,072 228,072 � 'fotal Expenditures 5;068,000 5,069,000 1,000 CHANGES IN WORKING CAPITAL BALANCE � Net change m working caprtal (1,750,909) (1,7�1,909) (1,000) Fund Balances-beg�nnmg workmg cap�tal 2,789,690 2,418,564 (371,126) FundBalances-endingworkmgcapital $ 1,038,781 $ 666,655 $ (372,126) BudQet Adiustments: Items Previouslv Approved bv Council Expenditure-Increase transfers-out to WA Ave Connector Fund (221,470) Expenditure-Decrease capital reallocated to WA Ave Connector Fund 221,470 Expenditure-Increase transfers-out to Lower Wheaton Way Fund (6,602) � Expenditure-Decrease capital reallocatcd to transfers-out for Lo�ver Wheaton Way Fund 6,602 Expenditure-Increase personnel due to 2015 wage ad�ustment (1,000) Ncw Items Not Prcviouslv Approved by Council Net ad�ustment requued to the ending fund balance $ (1,000) FUND 404 CrTY OF BREMERTON 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IId FUND BALANCE GOi.D MOUNTAIN GOLF COMPLEX For the Year Encled December 31,2015 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes Ptoperty $ - $ - $ . Sales - . . Other -. . _ Licenses and Permits - - _ �ntergovemmental . . _ Charges for Services 4,313,149 4,313,149 -� Fines and Forfeitures - Miscellaneous 1,500 1,500 Transfers in - Total Revenues 4,314,649 4,314,649 - EXPENDIT[TRES Persormel Expenses Supplies,Services,and Taxes 3,776,653 3,761,653 (15,000) Capital Expenditutes 75,000 75,000 = Debt Service 429,152 429,152 - Transfers Out - - Total Expenditures 4,28Q,805 4,265,805 (15,000) CHANGES IN F[JND BALANCE Net change in working capital 33,844 48,844 15,000 � Fund Balances-begimung working capital 146,469 (48,449} (194,918) Fund Balances-ending working capita! $ ]80,313 $ 395 $ (179,918) � Bud�et Adiustmenfs: [tems Not Previouslv A„�nroved by Council Expenditure-Reduce supplies and se�vices for re�uction in major maint items 15,000 Net adjustment required to the ending fund balance $ 15,000 FUND 407 , � cmr oF�ttEMEaroN 20I5 ANTICIPATED REVETTUES,EXPENDII'URES AND CHANGES IN FUND BALANCE WASTEWATER UTILITY For the Year Ended December 31,2015 Proposed Adj Required Adoptsd Amended From The Budget Budget Adopted Budget 2015 20I5 2015 REVENUES T�as PropertY $ - $ - $ - Sales 20,OOQ 20,000 • Other 3,000 3,000 - Licenses and Permits - . Tntergovernmental - - - Chatges for Services 14,132,914 14,132,914 : �'ines and Forfeitures 19,000 19,000 Miscellaneous 10,000 10,000 �_ Transfers in&Other Revenue - Total Revenues 14,184,914 14,184,914 - EXPENDITURES Personnel Expenses 2,763,100 2,764,200 1,100 Supplies,Services,and Taxes 4,362,411 4,362,411 - Capital�enditures - ._ _ Debt Service 2,984,877 2,984,877 Ttansfers Out 4,349,869 4,349,869 - Tota[Expendit�ues 14,4b0,257 14,46i,357 1,100 CHANGES IN FUND BALANCE Net change iti worlting capital (275,343) (276,443) (1,100) Fund Balances-beginning working capital 4,OSp�900 5,123,650 1,072�754 ' Fund Balances-ending working capiffil $ 3,775,557 $ 4,847,207 $ 1,07t,b50 Budget Adivatments: Items Previovsly Approved by_Council Expenditure-Increase petsonnel for 2015 wage adjustment {58,200) Expenditure-Decrease personne(due to savings in medical 57,100 New Items Not Previously Approved by Council Net adjustrnent required ta the ending fimd balance $ (1,100) FUND 451 CITY OF BREMERTON 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER CnPITAL For the Year Cnded December 31,2015 Proposed Ad�Reqwred Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVGNUES Taxes Property $ - $ - $ - Sales - - Other - - - Licenses and Permits - - - Intergovernmental - - - Chargcs for Scrvices - - - Fmes and Forfeitures - - - Miscellaneous 7,500 7,500 - Transfcrs in&Other Revenuc 6,054,349 6,054,349 - Total Revenues 6,061,849 6,061,849 - LXPENDIT'URLS Personncl Expenses - - - Suppl►es;Services,and Taxes 270,000 5�9,000 289;000 Capital Expenditures 5,140,000 6,380,�01 1,240,�01 Dcbt Service - - - TransfersOut 1,350,000 1,056,499 (293,501) Total Expenditures 6,760,000 7,996,000 1,236,000 CHANGES IN FUND BALANCE Net change in working capital (698,15 l) (1,934;1�1) (1,236,000) Fund Balances-beginning��rorkmg caprtal 3,566,576 4,933,336 1,366,760 Fund Balances-ending working capital $ 2,868.425 $ 2;999,185 $ 13U,760 � Budeet Adiustments: Items Previously Apnroved bv Council Expenditure-Increase supplies and services for contract services(carryover) (222,000) Gxpenditure-Increase capital for 2014 pro�ects not completed(carryover) (1,014,000) Erpenditure-Decrcase transfers-out to WA Ave Connector Fund 334 334,640 Expendrture-Increase caprtal reallocated from WA Ave Connector Fund transfer-out (334,64U) Expenditure-Reduce capital and reallocate to supplies for Centr�fuge Upgrade Pro�ect(tech correction) 67,000 Expenditure-lncrease supplies and serv►ces for Centrifuge Upgrade Pro�ect(tech correct�on) (67,000) Lxpenditure-Increase transfers-out to Lower Wheaton Way Fund (41,139) Expenditurc-Decrease capital reallocated to Lower Wheaton Way Fund 41,139 Ne�v Items Not Previously Approved bv Counc�l Net adjustment required to the endmg fund balance $ (1,236,000) FUND 454 CITY OF BREMERTON 2015 AIdTICIPA'i'ED REVENUES,EXPENDIT'URES AND CHANGES IN FUND BALANC.B STORMWATER UTILITY For the Yeaz Ended December 31,2015 Proposed Adj Required Adopted Amended From The Budget Budget Adopted B¢dget 2015 2015 2015 REVENiJES Taxes Property $ $ - $ - Sales - - Other Licenses and Permits - - intergovernmental 85,000 96,005 11,005 Charges for Services 2,569,816 2,569,816 - Fines and Fvrfeitures 5,000 5,000 - Misceilaneous 1,U00 1,OOQ - Transfers in&Other Revenue - - Total Revenues 2,66Q,816 2,671,821 11,005 EXPENDITURES Personnel.Expenses 986,200 987,140 900 Supplies,Services,and Taxes 1,090,393 1,IO1,398 11,005 Capital Expenditures - - - Debt Service 13,850 13,850 - Transfers Out 529,055 529,055 Total Expenditures 2,619,498 2,63�..403 11,905 CHANGES]N FUND SALANCE Net change in working capital 41,318 40,418 (900) Fund Balances-beginning working capital 1,332,952 811,750 (521,202) Fund Ba�aoces-ending working capital $ 1,374,270 $ 852,168 $ (� �—� BudQet Adjustments: Items Previouslv�Appmved�Council Revenue-Increese intergovernmental for Stormwater Capacity Grant(cairyover) 11,005 Expenditure-Increase supplies and services for Stormwater Capacity Grant(carryover} (11,005) Expenditure-Increase personnel for 2015 wage adjustment (20,200) Expettditure-Decreasa personnel due to savings in personnel 19,30Q New ltems Not Previauslv Approved bv Council Net adjustrnent required to the ending fund balance $ 900 FUND 481 CITY OF BREMERTON 2015 ANTICIPATED REVENUES,EXPENDITURL•S AND CHANGES IN FUND BALANCG STORMWATER CAPITAL For the Year Ended December 31,2015 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes Property $ - $ - $ - Sales - - - Othcr - - - Licenses and Permits - - - Intergovernmental 1,200,000 1,200,000 - Chargcs for Services - - - Fines and Torfeitures - - - Miscellaneous 6,000 6,000 - Transfersin&Other Revenue 2,090;611 2,280;170 189,559 Total Revenues 3,296,611 3,486,170 189,559 EXPENDITURES Personnel Expenses - - - Supplics,Scrviccs,and"faxes - - - Capital Gxpenditures 2,650,000 2,627,017 (22,983) Dcbt Service - - - Transfers Out 185,000 397,542 212,�42 Total Expenditures 2,835,000 3,024,559 189;559 CI-IANGES IN FUND BALANCE Net change m working capital 461,611 461;61 I - Fund Balances-begmning working capital 892,560 1,554,388 661,828 Fund Balances-ending�vorkmg capital $ 1,354,171 $ 2,O15,999 $ 661,828 Budeet Adiustments: Items Previouslv Approved by Council Nevenue-Increase other revenue for Storm��ater Capaciry Grant(contnbuted cap�taUcarryover) 18,709 Expend�ture-Increase caprtal for Stormw�ater Capacrty Grant(carryover) (18,709) Expenditure-Increase transfers-out to WA Ave Connector Fund 334 (204,740) �,spenditure-Decrease capital reallocatcd to transfer-out to WA Ave Conncctor 2U4,740 F,xpend�ture-Increasc transfers-out to Lower Wheaton Way Pund 331 (7,802) Expenditure-Decrease cap�tal reallocated to transfer-out to Lower Wheaton Way Fund 7,802 Ne�v Items Not Previously Approved bv Council �xpend►ture-Increase capital for Lillian Walker Park Pro�ect(moved from Parks Construction&carry•over) (170;850) Revenue-Increase transfers-m from CDBG for Lillian Walker Park 170,850 Net ad�ustment required to the endmg fund balance $ - FUND 484 CITV OF BREMERTON 2015 ANTICIPATED REVENUES,EXPENDTT[JRES AND CHANGES IN FUND BALANCE UTILTTl'DEB'f RE5F,RVE For thc Year Ended December 31,2015 Proposed Adj Reyuired Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes Property $ $ $ - Sales - Other . Licenses and Pennits - Intergovernmental - Charges for Services Fines and Forfeitures - Miscellaneous - - Transfers in - - Total Revenues - - - - EXPENDITURES PersonnelExpenses = Supplies,Services,and Taxes - -- Capital Expendih�res . Debt Service - Transfers Out Total Expenditures - CHANGES IN FUND BALANCE Net change in working capital - - . F�►nd BaleQces-beginniAg working capital 1,735,730 1,735,730 Fund Balances-ending working capita! $ - $ 1,735,730 $ 1,735,730 ��- �� Net adjustmerrt requir�d to the ending fund baleace $ - Items Previausly Approved by Counc�7 FUND 4ss CtTY OF BREMERTON 2Q15 ANTICIPATED REVENUES,EXPENDIT[JRES AND CHANGES IN FUND BALANCE RISK MANAGEMENT INCERNAL SERdICE FUNU For the Year Ended December 31,2015 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVEMJES Taxes Property $ - $ - $ . Sales -_ � - Ottter Licenses and Permits - - _ Intergovernmental - - _ Chazges for Services - - - Fines and Forfeihires - - Miscellaneous 1,534,710 1,534,7I0 - Transfers in - Total Revenues 1,534,710 1,534,710 - EXPETTDITURES Personnel Expenses 240,OOQ 240,000 = Supplies,Services,and T�cea 1,994,825 1,994,825 - Capital Expenditures • . - L)ebt Service - - _ Transfers Out - - - Total Expenditisres 2,234,825 2,234,825 CHANGES IlV FUND BALANCE Net change in working capitai (700,115) (7d0,1 I5) .- Fund Balances-beginning working capital 2,364,261 2,539,751 170,490 Fund Balances-ending working capital $ 1,669,146 $ 1,839,636 $ 170,490 Bnd�et Adiusbments: New Items Not Previouslv Approved by Council Net adjus�nent required to the ending fund balance $ - FUND 503 Ci7Y OF BREMERTON 20I5 ANTTCIPA"FED REVENUES,EXPENDITURES AND CHANGES IN FUND HALANCE S�LF INSURANCE HEALTH AND WELFARE RESERVE For the Year Ended December 31,2015 Proposed Adj Rcquircd Adopted Amended From The Budget Budget Adopted Budget 20I5 2015 20I5 REVENUES Taxes ProPeriY $ ..- $ - $ - 5ales • - - Other . - - Licenses and Permits - - Intergovernmental - - - Charges for Services - 4,765,000 4,T65,000 Fines and Forfeitures - - _ Miscellaneous • -� . Transfers in - _ Total Revenues 4,765,0(10 4,765,000 EXPEND[T[JRES Peisonnel Expenses . _ Supplies,ServicEs,and Taxes - 4,190,000 4,190,000 Capitai Expenditur�s = - - Debt Servicx - - - Transfers Out - _ Tatal Expenditures - 4,190,000 4,190,000 CHANGES IN FUND BALANCE Net change in working capital - 575,000 575,000 Fund Balances-beginning working capital - - - Fund Aalances-ending working capital $ - $ 575� $ STS,00a Bad e�t Adjnsbmeots- Items Prevlously Approved by Councii Revenuc-Inerease charges for services for insurance premiums 4,765,000 Expenditure-Increase supplies and services for health insuranc;e services,premiums and claims. (4,19�,000) New Items Nar Pr�eviouslv A�proved bv Council Net adjustiment required to the ending fund balance $ 575,000 FUND 504 CITY OF BREMERTON 2015 ANTICIPATED REVENUES,EXPENDTI'URES AND CHANGBS 1N FUND BALANCE EMPLOYMENT SECURITY For the Yeaz Ended December 31,2015 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVENUES Taxes Property $ - $ - $ - Sales - - - p�� _ _. _ Licenses and Permits - - .. Intergovernmental _ -. , Charges for Services _ - Fines and Forfeihtres - - _ Miscellaneous 54,000 54,000 - Tr�sfers in - - �� Total Revenues 54,004 54,000 - EXI'ENDTCURES PersonnelExpenses 50,000 50,000 - Supplies,Services,and Taxes , : Capital Expenditures - - - Debt Service - - = 'fransfers Uut - - .�.�.�_.. Tota!Exp�dituras 50,000 50,400 - CHANGES IN FUND BALANCE Net chenge in working capital 4,000 4,000 - Fund Balances-beginning working capital 443,586 485,821 42,235 Fund Batances�nding working capital $ 447,586 $ 489,821 $ 42,235 ----z— Budget Adiustments: Items Pr�viously Agpmved bv Council Items Previously Ap�roved by Council Net adjusnnent iequired to ti�e ending fund batance $ - FUND 506 CITY 0�BREMERTON 201 S ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCE ACCUMULATED LEAVE LIABILITY For the Year Bnded December 31,2Q15 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 20i5 2015 2d15 REVENUES Taxes FroPertY $ -- $ - $ - Sales • = - Other - - Licenses and Permits - � - Irrtergovemmental = - - Charges for Services , - Fines a�td Forfeitures , - Miscellaneous 385,000 385,000 Transfers in - - Total Revenues 3$5,000 385,000 - EXPENDIT[JRES Personnel Expenses 150,OOQ 150,000 - Supplies,Services,and Taxes = - - Capital Expenditures -- - - Debt Service - - - Transf�ers Out - - Total Expenditutes 150,000 150,000 - CHANGES IN FUND BALANCE Net change in wor�ng capital 235,000 23S,OOfl - Fund Balances-beginni�g working capital Z49,163 298,278 49s115 Fund Salances-ending working capital $ 484,163 $ 533,278 $ 49,1 l5 Bu�get Adiustments: Items Previously Ap,proved by Council Items Previously Appnoved by Council Net adjustmeat required to the ending fund baiance $ - FUND 507 CITY OF BREMERTON 2015 ANTICIPATED REVENUES,EXPENDITURES AND CHANGES IN�UND BALANCE EQUIPIv�NT RENTAI..RESERVE-OPBRATIONS AND MAINTENANCE For the Year Ended December 3],201.5 Proposed Adj Required Adopted Amended Fmm The Budget Budget Adopted Budget Z015 2015 2015 REVENUES Taxes PropartY $ - $ - $ - Sales - _ . OEher - _ -. Licenses and Permits - . - [ntergovemmental - - - Charges for Services 1,534,207 1,534,2d7 - Fines and Forfeitures - . _ Miscellaneous 400 400 -- Trensfers in&Otfier Financing - - - Total Revenues 1,534,607 1,534,6a7 - EXPENDITURES Personnel Expenses 413,200 410,400 (2,800} Suppltes,Services,and Taxes 1,474,534 1,074,534 - Capital F_xpenditures .. . . Debt Senrice - - T►ansfers Ot�t - - Total Expenditures 1,487,734 1,484,934 (2,800) CHANGES IN FUND BALANCE N�change in working capital 46,873 49,673 2,800 Fund Balances-beginning worldng capital 267,243 t20,742 (14b,501} F�nd Balauces-ending working capital $ 314,116 $ 170,415 $ 143,701 Budaet Adjuatment�• New Items Previouslv Aonroved by Council Expenditur�-Tncrease personnel due to 2015 wage adjustment • (8,500) Expenditure-Decrease persoanel due to savings in medical 11,300 Net adjustment to ending fund balance required $ 2,800 FUND 509 I CITY OF BREMERTON 2015 ANTICIPATED REVENUES,EXl'ENDITURES AND CHANGES 1N FIJND BALANCE EQUIPMENT RENTAL RESERVE-RESERVES For the Year Ended December 31,2015 Proposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 20i5 REVENUES Taxes �P�Y $ _ $ - $ - Sales - - _ Other - - - Licenses and Permits - - - Intergovemmental - - . Charges for Sen+ices 825,000 825,000 - Fines and Forfeitures - _ Miscellaneous 179,150 179,150 - Transfers in&Other Financing - - Total Revenues I,OQ4,150 1,004,150 �- EXPENDITURES Personnel Expenses - - Supplies,Services,and Taxes , _ Gapital Expenditures 1,245,380 1,245,380 -- Debt Serrrice - - Transfers Out&Ot�er - � Total Expenditures 1.245,380 1,245,3$0 CHANGES IN FUND BALANCE Net change in working capita! (241,230) (241,230) -. F1ind Batances-beginning working capital 4,600,395 4,460,367 (14p,028) FLnd Balances-end'u�g working capital $ 4,359,165 $ 4,219,137 140,028 Bud�et Adiustments: It�s Previously Approved by Coimcil New Items Not Previously Ap oor ved by Cauncil Net adjusbu�nt required to the ending fund balance $ - FUND 570 CITY OF BREMERTQN 2015 ANTICIPATED REVENTJES,EXPENDITURES AND CHANGES IN FUND BALANCE INFORMATION SERV'tCES For the Year End�l Decembcr 31,2015 Ptoposed Adj Required Adopted Amended From The Budget Budget Adopted Budget 2015 2015 2015 REVENUES � Taxes ProPertY $ = $ -- $ Sales = - . ' Other - - - Licenses attd Petmits - - - Intsrgovernmental - - _ Cherges for Services 1,078,035 1,082,SM3 4,505 Fines and Forfeitures - Miscellaneous - � Transfers in _ Total Revenues 1,078,035 1,082,540 4,505 EXPENDTTURES Personnel Expenses 547,000 547,000 - Supplies,Services,and Taxes 471,041 475,54b 4,505 Capital Ex�snditwes 25,000 25,400 - Debt Service - - . Transfers Out - - � _ Total Expenditures 1,043,041 1,047,546 4,545 CHAAiGES IN FtJND BALANCE Net change in working apital 34�994 34,994 - Fund Balances-beginning workingcapital 221,787 211�151 {10,636) Fund'Balances-ending worldng capitat $ 2�5^6,781 $ 246,145 $ I0,636) �adtet Adlustmentv: Items Previously Approved�Council Eaq�enditure-Increase supplies and services for Legal(prosecution)technology upgrades (4,505) Revenue-Increase charges for servicss from L,egal interfund transfer 4,505 Net adjustrnent required to the ending fund ba�ance � g _ FUND 511