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Home My WebLink About10/21/2015 AGENDA :• �� CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 OCTOBER 21, 2015 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00—5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Councii Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. POLICE OATH OF OFFICE CEREMONY—Municipal Court Judge James Docter A. Promotion to Sergeant—Officer Kelly Meade 4. POLICE DEPARTMENT MONTHLY BRIEFING —Police Chief Steven Strachan 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION 7. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —October 7, 2015 C. Minutes of Study Session —October 14, 2015 D. Second Amendment to the Cart Pad Lease Agreement for Gold Mountain Golf Course 8. GENERAL BUSINESS A. Interlocal Agreement with the Port of Bremerton for Construction of an Accessible Parking Space (ADA Compliant Curb Ramp) at the east end of 2"d Street B. Local Agency Agreement with WSDOT for a "Safe Routes to School" Grant to be used for the Crownhill Elementary Sidewalks Project 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING �Americans with Disabilities Act(ADA) accommodations provided upon request. Those requiring special accommodations p/ease contact the City Clerk at(360) 473-5323 by noon on fhe day preceding the Meeting. OA��I OF OFFICE � � SE�tGEANT PROMOTION STATE OF WASHINGTON COUNTY OF KITSAP � I, Kelly Meade solemnly swear that I am a Citizen of the United States and of the State of Washington; That I will support the Constitution of the United States and the Constitution and Laws of the State of Washington; _ That I will abide by the Code of Ethics and Conduct as set forth in the Police Policy Manual; And will, to the best of my judgment, skill and ability, truly, faithfully, diligently and impartially perform the duties of the newly promoted position of Police Sergeant, in and for the City of Bremerton, Kitsap County, Washington, as such duties are prescribed by law. "� , y Meade Subscribed and sworn to before me this 21St day of October, 2015. �-�� %' ,� � ��.,, , . r .r_-�%�- '�'� - � - Sig ur `of Official Administering the Oath Br�nierton Municipal Court Judge James Docter � �^- —� ,�a�=.... . . I � •�.t. ��r�'�(t�. 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P::.. �O � . � _ LICE ��` �. . . ^_ . ,.:. ___�._.. � �- � - -.__ _ :: y.� ,. _. ... �= � � � . � '�; F�r- ; /� y, y� ,• `� \ 4` %:•/ � ti�; � ��!y�� .'Y': . V_ �"�.._ � � . � . �_.._ - WA : . , _. -- - . . ' - --___ �.� .j:' E' .o -` - — _ _ .�'_ ..t� .. _'�--iM"?��... ,�. �''*' �.s�~'r'(.:;r,:^,'�`---�,`.,,�y.. . - r a�i;.�.•-.�.,.�.,; �y_,�+t�,.� :�,-j.m =�..�.;,�:.:,:��=.e..�:...�3t�."��.w._. st��t�� t� � o � � Sep ' 13 Sep ' 14 Sep ' 15 � Reports 995 933 858 Arrests 2Z4 174 184 Dom. Violence 2 7 21 2 7 DUI 16 10 5 * Traffic Crashes GO G3 81 Mental Health 18 18 14 *Most charged by WA St�te I'atrol - ____ - -:�:�:�� .;,� v��:�� ',�- ��-� �s�-, �e%..�!��y'..��k,,7ii=��.�.i::a�ti'",..�e.x�. ii�� Sep ' 13 - Sep ' 14 Sep ' 15 Trespass Z9 17 22 Theft 87 G7 45 Shoplifting 1 1 1Z 10 Vehicle Theft 8 4 8 Res. B u rg la ry 21 18 14 Non-Res. Burg. 1 1 15 10 Vehicle Prowl 17 ZO 1 1 DWLS 9 G 5 M�I. Mischief 27 29 2G _�4�;�'. ;�%�?.�,^F`�+�.L,�,•r s L„•(:,�"-'.m,Sy y'.+,� "`�.��;:;�Zr�"��d""�'r;?„�,,+s-'„{,ur, .:.✓��.c��.�v��,�^�`�. � � : - - - 1 - - - - - - - 1 - - - i � � � � � ► � � � � � � ► � �1� , ' y `i, = - J � � i`. :'" � ��r�. �`- .- �,.�r '# '•�'��}� •.`' - �' ;� . , , `�,� t` .� �_ �'1'Y � tiu �I:_ Pr��--'_..----�A :` "1� � 4 � ��- � ��`-t �"' � - , ��_ - �,. - _��=. �"y� � �'-�- . � l ''!' � ' �F �� i, ��• i� �y �� ;� I RN� {�� ' �- � ri�,T�t �y. . i .. ` i� . k� ,r^ .-..�+�„` ...^-+ /r� -,.� - � % �` ,G=., �� , � .,V: i �, /�""� �.r•-�-.1• .'+ �..�^�� `� .� � N � .w � y r#.� �� p � ,�.� �+ ..f ♦ �w �, ;'Y � � 'j- n u � t� _ f R � � ' / ` C ♦ � �► � � ,.w: y � 4# '` � � � � --� �r �� U�. -� v ` � �'�� - ' � ''�-i ' ; � � 1�� " _� x ",'�:j ,__..__ �� ► BCAPS Patrols ► First registration 7/Z5/ '13: _ properties in the Cit Y ► CRO Sexton compieted an update on 1 O/ '1/ '15: _ have been sold ► Leaves us with 107 ��_�-:�:. .��a ��,. w .:6•+ay 'vw,-',��.^fa .4�y�,c�.'�` ...:+:.:�:t�,:.s_��.-..tiia ',w.,`e�ih_i�:v,��.... �� -- -- — --- ---�- . - .._..--- - -----i � . � -_ ; 41i1� -------��_._,� f�- 0 400 part�c�pants ,. �,� � __ _ _;, ; � ,� � . �: -- -,�. j ��LL o f- a'/; - +1« 'i:.� • � � � -� n �',.��.�j.,. . ��'� ��_�I � M�I�tary � � �: � �- .� ; i _ �. � CRO Sexton and :.x . Officer Polonslc ;,; y _ . _ �,, � �,, �� - , � e�ma�on poltce DQ9o��e� I � � � i V� •�`\' 1, . � --_ ` ' ------ �, • � � ' --- �' t...� . • • � "��.y6"-s�;... Y��• � �.'4, �,a:.=�.1.:'�.�'.'c,.�.b��p°��'�'a. 3�'�+z.� , , ;�'.�§,��',�'�j'�:f'-�n�:'t..'��''`. , '�+�; � fi b ��.. c'�.'��...tkJ.x��O.?•'..:3c.•:1`3'r�:^�..�ex.�"t,:a'�. ..._ �� ► Occurred October 4 ► Arrest made October 7 ► Great partnership with I�itsap Humane Society ► Media coverage and donations made to I�HS ► Prosecution and follow up ___':��'��"'_�-. ��';�`�w�•�°nr�:'•��,�,•,.�a,�- s'f`•,��'��M•,:.,:�.r>u_. ��t� � � �� ► Immediately detected and dispatched ► Photos, security cameras ► Located by Pendergast Parlc ��'! i,�j; �i �' ; � � ' I�I + �'�f�lliil 'll I ��j l �r I ": �• I ( � �l � 'I;�„� �j '�',� � (� 'j!'!�''I� �f �� i '�I �;►i I� IIII� �i��, I i � jl I�II �I � I�� li�� i,��' !If ,�� i �� II II , I � � i� ��I ,� � i I �� I � II I I I . :I�� i ji i � I I ;,, � �,� I � .�_, ---�;hti��-.:�.��.� �'�.:s .� �� P..1�Si� .gCh'n •<—s:`Iy�iy�'fs+ .��°``±' •✓ _.c.3..a..ae.v.xrE;.`y�:s�"u:."..�... ��t�� r�� r��n�� ► Thanlc you to the officer worlcing at the Kitsap station in Bremerton. The bus my some was supposed to catch was running late. My � G year old son aslced the officer if he could use his phone to let us Icnow he would be late and was going to ride his slcateboard home to East Bremerton. The officer gave him a ride home- we appreciate his Icindness in malcing sure he got home safe! ___-___--_. -��;�:,��.�::�� . <.�e`��s�'�?.�:''=T?�,-x- - �i::• 9::�v:�__:..'ayz.:a,.:�. �� `�•. - �__�^�� _ -. .. ---- ------ -- . ... - - --- --- u^ ,,.;s, R ,�-' .Y �t`. 1} y _ „�'""'� , � 1 :��z�_..__ ` - -.. ` . , ,f'... - 1t', 'n i � _ r ! , ,� ,..� .: V� �I ' !;:;, tiC�I�I� � �' � � � , ..y' � r . . � : , �-:.�, t : � '� Q G" �r�'�N : ___ ;�� "` i s - �,� � '��`' ..- � - 3s�. -- � "t'��#• �yri..n�,, � . �i � � �•.� N(� ' . � _. . .�r. ��f/i ' �. �r^. i , ! • .,� � +��. � + � ! .�,�y - . �.�� C .-i R .�1 �J� P � '^,�}.. q �; � `�`� �� r � - •# � � ,�_ , _ i �fl _ - � f� .,. -=�.. t ,:�.� . �.�� j - � � � ' � `rr • s F y ' .�f` • �—, F �•},�,�,°� �i . r� ti �l�yd� ..:�. ��s'' � 't s s��'�'+r.�:� _�� .t i. _ •rd �s �'�� , µ,�__ �'�' + ��.IlI'iIEItOCI�]I�LQ�N.R1t, 1Q�1§, k a Y� � . -� �, �G��L��I� 70f5 ��''�-�3� -��`i?i 1�:?�v�°�' � . •riO'i� � ��i;� q� ,,,� � '.re2�`,rKs•Y ,r� p�� .�.N�n,t4F�v��a�:rs'� f �. � - 1`�'-_ i. �'�',;,�'�`sin Y ;� . W.:. :� •# � 1 1 - .� 1 _ �,`�' ```� �..� '- ___ - \\l�' 1�,•��?`•��:��)rx�r \l�{' •A'S„. .�` . .'i� ..4.#�{.�.��_y ✓tt;ry"�-...t ,,'�,"R.��.Gy•'<, .,r�.�.�.,�:.y_,:w:aa:.7".+�ss.,�. ':� �r�.< <f"��:'r�;� ' . . _. , �•M1 . :�� ' . � �l: �� ' . . ��.�- �- ;:- ;�� . . . • ._j�',:.::-, ;`� _?�� , : . . r . .� 4�� it� -��I��'�` _l� ��: :`f:-- - � •4��:� - "r:, r� '' : � A �. ��, -�-.-r�� / ' . � iT�� .r � ,�� "�e4taY1'.� I ,. .. � . . . I +�'�i�. , .h�, � � �' �� ti, ' � �, __� 1 ..; ; ,� � ,,. ��= ��- �- � ,�� , � ,r'•d"� �'/„/./�.i��, ; - .;.,# t -- � ; � 4 , r � � � s 1 �"d- - I�F I`t' ��' � i , /' � - � '� i �° � � � I r ', - � � o d� ; �: �W � � �. _ ;' ��, I � � I J m I . /= p ' � � I _ 11 d� � . � � � � � � i i i , E� � � �� j, � � O � . �\` .�� .---', - � r . �_ . �''j \ ,t--- �' `� � �';�w.- J —_ _ _ +" � ,r;.,�� 'tTw,•� ','"� , .` �� , � 1 � �'� y �r. H � ` f �� '�� rt.�•,� a Q� ��'�^�,�o�r--��,�. � F`=: _ _ . _ : � �z,� � � �-� =s ��or-�- -� -- _� ; �y �..... -� i�, �._.. , -------------------, ; , l-` ,f�' . k�L',. i � � � ' V t .*�, r ��` .. .r}l-�.. BREty ERTfl N `�"-�� s � � SYMPH�ONY ''�� ~d ��q ASSlf+C��7'1�N ��:�, .� � � , _ . _.. _y• ........._.._ ...._.._. ....... . . . � Bremerton Symphony Orchestra Chamber Concert The Demise of My Singing Canary Satu rday, October 24, 2015 - 7 : 30 PM Poulsbo First Lutheran Church j� NFALTF/ � .�� . . ,� �'�� Oq \ .� �. � ,/ ��O �� `\' ( � � 41 f • - . - • �. ti, � ' �o ? � � � Advancing � � . � KITSAP PU BLI C ��'� pe'f°'m°n�e �° �, \. 'S'F p� '� HEALTH DISTRICT \�t�'4CCRED��=�` Kitsap Community Health Priorities (KCHP) Annual Summit Monday, October 25 10AM-12PM / NT � N N E . _ _ . . • 19th Annual Safe Halloween • SATURDAY, OCTOBER 31st . . 5 - 8 PM ali along PACIFIC AVENUE � . . HAY RIDES - HAUNTED HOUSE - CANDY FAMILY FUN - FREE PARKING - MUSIC ' DOWNTOWNBREMERTON.ORG � �• FACEBOOK.COM/DOWNTOWNBREMERTON . . . . • � � � . 1 O O � O !�*+► •p O � � � • 1�� O �'� �.` � �!, • O ' ��1\ �i� ' + � � � . . � � � ' '��•�'I/ �� `� • � .- . - -. • • ciir oi BREME TO � I �� I � .r, � r i __ � _� �ii-� - � _. ... . .. _, '�� . -,-. _ :. � ..: .. ..- .�' . . .. _.. .::- __._ ___. . ... : .. . . _ _. . �„- �� ,�_, ,.�-V_> .�.:,.t� _—� _,,,. �E.�� _ � �--�- - _ ,,,,. _ - ` . � ' �'" � , , � ; , �� K.w�.f'�� s Mr�-. ��ITC°�.��`` r ,a�1. �� , . �;�t. ��`.�r►', �{5.;�}-r''� u:P��"N' ",r,.�' .. , T.. o .. " ��R.; - . , ��,;�f. . � .. ... � � � « � .. � _ . - .. . ^ ... 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'��'' �� : ��,: '�,JP- - �.�E. -- - q� - � ��• � ��.�:,� =a t� � _ �.'�i, - �„P, : ��.�- � '�� ;� 1 1• ,'�t�ri •1 �;'`�� ir }��:� ' �, .� , :Y - ._��`�_ - �� (•�� -----•,�; �-��i(�` `i� � ��'�� !;.� :�� _-�. 1�� - ,��' �'; ��i"� ,�`�� _ -- � - _� , ,.��...�� _� _ - :4, �� 7� ��'�;: - �� : �'� _ �� y� • ��.,�, -� .�i ��: .1 .� : If`� :$ 1="� . \ ' ��i�� ' ►� � � \ `` t,,; '� : ,, �+'� 1; ;-�.P �,�.._ _ ��-f ��:` ♦,. ��: ��, � � _ __ �� _ � _�.!`',,-� '�1�, � ��' �.r��1��;`'it��+�� `' � :'�,. _ ��:_ _ \►�:�� :'ti@ _ - "- , '�' ;�p:�'i 1.:ar 1 ��' �� '��.�.. :�`�� r _�� ,: �j�,��.� � � �� - _ �,� � �; , �'��_`�' - `r j �11�'��' � �, ��* '� w _ - _ �I/� r � i ,i��'��.,��/ ,' :I ,-��r. ,, - ,`;, '��. _�� ; �•�� ` , :� !; �� :s:,.� �� .,.. , - - District 2 C ommuni Meetin g Host�ed by Council Member Leslie Daugs t----_ � - - �� :. .�, �, Thursda October 22 2015 y, , 5 : 00to7 : 00PM ...........................................•...........•.....•.... . . . . . . . . . . . . . . . . . . . . . . "East Park Nei hborhood" g . eaturing. . . Andr�ea Spencer Cofnmunity Development Di�ecto� & Ch al Ma�tin Public Works d� Utilities Director .•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•. . . . . . . . . . . . . . . . . . . . . . . This meeting will be held in the Lounge at Sheridan Park Community Center 680 Lebo Boulevard For more informa�ron,please call (360) 4�73-�5280 ; 1�� i ; �� l� � I / , �� I ► � , �— �— \ �� -� 1 � � �►� �� i ; '; i � �V T',"�� . _, ' �_� .��;!�� °'� when: � � w� �~ � ; 4 '��' 4th Saturday � �:. . �< < ;�� . , - - ��` -�';-• �� of every month � 4 ''� ��. _ —�'- � 1'�' 9- 1 1 am . , ,�� , r �.�� , ,.- � ' __ � -�, . , �. �� '' Rain or Shine , �� - - �_;� � � � � �� t .� ��' � � .rj � � ~. • -, ,. .�' �� , where: . :;��, ''�''�y-: � � �'t Kiwanis Park '�,, � � ;,� �R ��, + , � �s `' 1701 5th St. .. , ,� .. ;t � � ,.* , � �. :. .�. . - �� r_ :�_ r,. �_`=�--r� � � ' , � - `� ' z - � � � Bremerton . , � � l� _ + �� .� �'�"� �� _ � • • - • • • - • - • • • Upcoming Event Dates: - - - • • - • • ' • • • - Ja n. 24th - • • • • • • � - • - • • • Feb. 28th � � � � � � � � � � � � March 28th • • • • - • • • • - • • • - • • April 25th � � � � � � � May 23rd - . . . . . . . . - . - . . . - - - . - . . . . - . - - June 27th ��ly 25th .r I�r August 22nd ' Sept. 26th :► --- ;•� �:� �� Oct. 24th � � �� :_ -- _. ,� �-� -- -.� � i ._r.,_ . _ �� .��'� � � . � ��.�►-�' �. �� ' - • , For more information �� ,; ,, � � � �� `� � �' �� - ` � please call 473-5305. � �` f .� , - � + �v,,,,N . . + �3� � � - �-��r�� s ar��a��d� ;�,�:Ko� � � .� �m0'�Hiii 4� �' NeT � — -_-� ,r� AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: October 21, 2015 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 365622 through 365773 and EFT's 15379 through 15432 in the amount of $2,806,490.86. 2) Regular Payroll for the pay period ending September 30, 2015 in the amount of$2,801.23. 3) Regular Payroll for the pay period ending October 15, 2015 in the amount of$724,893.47. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑X Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL � B CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Study Session Date: N/A October 7, 2015 COUNCIL MEETING Date: October 21, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on October 7, 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, October 7, 2015 The weekly meeting of the Bremerton City Council was called to order Wednesday, October 7, 2015, at 5:00 PM 111 COUf1Cll COC1f2fe11C@ ROOfTI 603 Of the NORM DICKS GOVERNMENT 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 Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. 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. President Wheeler announced that Council Member Pat Sullivan will lead the Pledge of Allegiance; and Pastor Tim Cartwriqht of Emmanuel Lutheran Church will provide the invocation. MAYOR'S REPORT—Mayor Patty Lent... • Recognized Cathv Johnson and Caroline Tompson for their efforts in receiving the "Distinguished Budget Award" from the Washington Finance Officers Association (WFOA); • Proclaimed the Month of October 2015 as "Domestic Violence Awareness Month`; which was accepted by Denise Frev, Executive Director of the YWCA of Kitsap County; and • Was pleased to announce that 46 building permits have been issued so far this year. PUBLIC RECOGNITION Mike Walton, Community Relations Director with the Bremerton Family YMCA, reported that Fall programs and events are under way, including the Halloween Hustle 5K on Sunday, October 25 beginning with a Costume Contest at 2:30 PM; the Annual Harvest Social on Thursday, October 29 beginning at 5:00 PM; and various Dance Classes. Kathv Hartwell presented information found on the Washington State Liquor & Cannabis Board website which indicated the WSLCB will begin accepting retail license applications on October 12; and that there will not be an initial cap on the number of licenses issued. Since Bremerton already has two, she asked that the City please consider a moratorium to not open any more stores. Marqie Sinqleton thanked the City for installing street lights on Dr. ML King Way. CONSENT AGENDA 5A— Claims & Check Register: Claim & Check#'s 365304 through 365621 and EFT's 15307 through 15378 in the amount of $2,663,137.78; Regular Payroll (Retro Fire Pay) for the pay period ending July 15, 2015 in the amount of $57,371.10; Regular Payroll for the pay period ending September 15, 2015 in the amount of $735,465.41; Regular Payroll for the pay period ending September 30, 2015 in the amount of $710,441.84; Regular Payroll (Payouts) for the pay period ending September 30, 2015 in the amount of $18,130.29; and ' Retiree Payroll for the pay period ending September 30, 2015 in the amount of $51,875.12 5B— Minutes of Meeting — September 16, 2015 5C — Minutes of Study Session — September 23, 2015 There were no questions ar comments from the public... 05:49:10 M/S/C/U (Runyon/Davis) Move to approve the CoNSENT A�EN�a as presented. City Council Reg. Mtg. Minutes Wednesday, October 7, 2015 Page 2 of 4 PUBLIC HEARING 6A— PUBLIC HEARING TO PASS ORDINANCE NO. 5285 TO VACATE A PORTION OF THE RIGHT-OF-WAY FOR 17 STREET BETWEEN LAFAYETTE AVENUE & CORBET DRIVE: Chal Martin, Public Works & Utilities Director, explained that the property owner of Parcel No. 3759-000-013-0002 has petitioned the city to have the south 10-feet of 17th street adjacent to his parcel vacated. The proposed vacation will allow the property owner to construct a house on his property in-line with his adjacent neighbors. No street improvements have been proposed in the area proposed for vacation; however, sufficient right of way would remain following the vacation for a standard residential street. President Wheeler opened the public hearing...With no comments received, the hearing was closed to the public, and opened for discussion to the City Council... 05:50:45 Motion was made by Runyon, and seconded by Davis... A comment was provided by Runyon... 05:51:08 M/S/C/U (Runyon/Davis) Move to pass Ordinance No. 5285 to vacate a portion of 17tn Street between Lafayette Avenue and Corbet Drive. GENERAL BUSINESS 7A—CONTRACT AWARD FOR THE FLOW CONTROL & SEISMIC VALVE PROJECT TO PAPE & SONS: Ned Lever, Managing Engineer, specified that the work completed under this contract includes the installation of precast concrete vaults, isolation and flow control/seismic valves and RTU equipment enclosures. Work under this contract will occur at three separate sites in West Bremerton; the Warren Avenue Bridge; Snyder Ave near the 25'h Street intersection; and at the Manette Bridge. There were seven bids submitted. NOVA Contracting Inc. was the apparent low bidder; however, their bid has been rejected as a result of numerous omissions in their bid documents. Pape & Sons Construction, Inc. is the lowest responsible, responsive bidder, in the amount of $898,949.00 (which includes sales tax). Jordan Opdahl, President of NOVA Contracting, expressed his concern with the rejection of the bid proposal submitted by his company; and asked that City Council to please reconsider and award the contract to NOVA Contracting. He believed that the process could be improved if the City included the Minority Sheet on the Bidder's Checklist of required documents. 05:56:15 Motion was made by Davis, and seconded by Runyon... Questions were asked by Davis, Runyon, Daugs, and Younger, with responses provided by Mr. Lever and Mr. Lubovich... 06:11:21 M/S/C/U (Davis/Runyon) Move to approve the bid for the Flow Control & Seismic Valve Project from Pape & Sons Construction, Inc. in the amount of $898,949.00 (which includes sales tax) and authorize Mayor to finalize and execute the contract with substantially the same terms and conditions as presented. 7B— RENEWAL OF $150,000 ANNUAL FUNDING COMMITMENT TO THE ADMIRAL THEATRE FOUNDATION: Mike Rilev, Assistant Director of Financial Services, stated that per the terms of the Operating Agreement with the Admiral Theatre Foundation, as amended, the City Council annually must renew its commitment to continue its financial contribution to the Foundation. The most recent review has been completed and is being presented prior to the Council's consideration of the 2016 budget. It is the recommendation by the Director of Financial Services that the City Council renew its commitment of the current funding amount of $150,000 per year for 2016. City Council Reg. Mtg. Minutes Wednesday, October 7, 2015 Page 3 of 4 Brian Johnson, Executive Director of the Admiral Theatre Foundation, urged the Council to support the annual funding commitment. 06:15:35 Motion was made by Davis, and seconded by Younger... Comments were provided by Younger;and Questions were asked by Runyon and Daugs; with responses provided by Mr. Johnson... Mr. Wheeler expressed his appreciation to Mr. Johnson and the Admira� Theatre Board... 06:23:15 M/S/C/U (Davis/Younger) Move to renew the City of Bremerton's funding commitment in the amount of $150,000 to the Admiral Theatre Foundation per the Operating Agreement as amended. 7C— PROFESSIONAL SERVICES AGREEMENT WITH McCLURE CONSULTING, LLC: Chal Martin, Public Works & Utilities Director summarized that this Professional Services Agreement will provide support to City elected officials and staff in pursuit of project funding. There were no questions or comments from the public... 06:24:15 Motion was made by Younger, and seconded by Davis... Comments were provided by Younger, Davis, and Wheeler; questions were asked by Runyon and Daugs; with responses provided by Mr. Martin... 06:25:00 Amending Motion was made by Runyon; which died for lack of a Second... 06:35:08 M/S/C (Younger/Davis) Move to approve a Professional Serviced Agreement with McClure Consulting, LLC; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Younger, Sullivan, McDonald, Davis, Wheeler Voted opposed to Motion: Runyon, Daugs Motion carried: 5-Yes; 2-No COUNCIL MEMBER REPORTS Pat Sullivan urged volunteers to join in cleaning up Lions Park on the 2"d Saturday of each month, including this Saturday on October 10 from 10:00 AM to Noon. Leslie Dauas was sad at the upcoming closure of the Haggen's store on October 30; and reminded people to be informed and to vote in the upcoming election. Jerrv McDonald looked forward to attending the Kitsap Aerospace and Defense Alliance (KADA) Meeting tomorrow at the Bremerton National Airport; welcomed residents to attend his next District 3 Community Meeting on Monday, October 19 beginning at 6:00 PM at the Bremerton Senior Center located in Manette with guest speaker Joe Sexton who will lead a discussion on "Neighborhood Security Issues"; provided a brief report of the Ferry Conference he attended yesterday; and mentioned a meeting with persons interested in purchasing the old Roxy Theatre. Dino Davis enjoyed being on the USS Turner Joy during the filming of an episode of Syfy Channel's "Z-Nation"; and thanked the downtown businesses for making all of the visitors feel so welcome. City Council Reg. Mtg. Minutes Wednesday, October 7, 2015 Page 4 of 4 Rov Runvon expressed concern that the Bremerton Food Line is in desperate need of volunteers and urged anyone interested to please contact them at (360) 479-6188 or visit their website at www.bremertonfoodline.orp. Eric Younqer after nearly 20-years of trying, he was pleased to finally see progress was being made on the passenger-only ferry. President Wheeler announced that the Transportation Benefit District Board would convene for a Special Meeting following a brief recess. With no further business, President Wheeler adjourned the Council Meeting at 6:45 PM. Prepared and Submitted by: � � LO I SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Councit President GW:SC:Is:cg AGENDA BILL �C CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session - Study Session Date: N/A October 14, 2015 COUNCIL MEETING Date: October 21, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on October 14, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, October 14, 2015 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DicKs GOVERNMENT CENTER, 345 6'h Street, Bremerton, Washington, on Wednesday, October 14, 2015, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Pat Sullivan. 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 October 21, 2015 Council Meeting Agenda; or as indicated. A. INFORMATION BRIEFING 1. United Way of Kitsap County "2015 Campaign" — Shannon Corin, United Way Campaign Coordinator for the City of Bremerton Intormation only... B. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 2. Resolution to issue a Type-C Right-of-Wa�r Permit to Our Lady Star of the Sea to allow closure of Veneta Avenue between 5'h & 6 h Streets for Construction of a Pedestrian Plaza Postponed to December 9;And a Neighborhood Meeting will be held November 23... 3. Interlocal Agreement with the Port of Bremerton for Construction on an Accessible Parking Space (ADA Compliant Curb Ramp) at the east end of 2"d Street General Business 4. Local Agency Agreement with WSDOT for a "Safe Routes to School" Grant to be used for th Crownhill Elementary Sidewalks Project General Business C. BRIEFINGS & FULL PRESENTATIONS 5. Second Amendment to the Cart Pad Lease Agreement for Gold Mountain Golf Course Consenf Agenda D. GENERAL COUNCIL BUSlNESS o Audit Committee Briefing (9/24/15 Meeting) —Chair Leslie Daugs o Finance & Investment Committee Briefing (9/29/15 Meefing) —Chair Eric Younger o Public Works Committee Briefing (10/6/15 Meeting) —Chair Dino Davis o Public Safety & Parks Committee Briefing (10/14/15 Meeting) — Chair Leslie Daugs o Other General Council Business was briefly discussed. With no further business, President Wheeler adjourned the Council Study Session at 7:15 PM. Prep red and Submitted by: � � LORI SMITH Legislative Assistant City Council Study Session Minutes Wednesday, October 14, 2015 Page 2 of 2 Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:Is:cg AGENDA BILL 7 D CITY OF BREMERTON CITY COUNCIL SUBJECT: Second Amendment to the Study Session Date: 10/14/15 Gold Mountain Cart Pad Lease Agreement COUNCIL MEETING Date: 10/21/15 Department: Legal Presenter: Roger Lubovich Phone: (360) 473-2335 SUMMARY: The City (Lessor) and Alexander Cart Rentals, Inc. (Lessee) entered into a lease for property at Gold Mountain Golf Club (Pad Lease) for Lessee's golf cart rental business. The parties now desire to amend the lease to extend the term for an additional year through December 2016. ATTACHMENTS: 1) Cart Pad Second Amendment Lease Agreement 2) Exhibit A 3) Letter of Agreement 4) Cart Pad Lease 2013 FISCAL IMPACTS (Include Budgeted Amount): 2016 revenue of$13,200.00 to Gold Mountain Golf Course Fund. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Second Amendment to Cart Pad Lease Agreement 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 SECOND AViENDiVIENT TO LEASE AGREEMENT Cart Pad Lease TI�IS SECOND AMENDMENT, is effective on the date fiilly executed below by and Uet��een CITY OF BREMERTON, a municipal corporation, (hereinafter referred to as "Lessor"), and ALEXANDER CART RENTALS, INC., a Washington corporation, (hereinafter reierred to as "Lessee"). WHEREAS, the City is the owner of Gold Mow�tain Golf Club ("Golf Club"), which ownership includes the land upon which said cart pad is located, the Uuildings and other improvemcnts�vhich are a part thereof; and WHER�AS, Lessee has a private golf cart rental business; and WHEREAS, Lessor and Lessee entered into a certain Lease Agreement(hereinafter '`Lease") dated the 20th day of December 2012, covering premises identified as tlie cart pad wl�ich now consists of that area(`'Cart Pad") more particularly descriUed in Exhibit A of this Second Amendment, attached hereto and incorporated by reference; and WH�REAS, Lessor and Lcssee executed a Letter of ngreement on April 17, 2015 ("First Amendment") e�tending the teim of the lease for the lcased premiscs allowing Lessee to remain at this location until the end of 2015 in consideration of Lessee's agreement to termination uf the golf cart lease agreement with ColumUia Hospitality; and WH�REAS, Lessor and Lessee now desire to amend the Lease to extend the term of the lease to DecemUer 31, 2016; NOW, THEREFORE, Lessor and Lessee hereby agree as follows: l. ItEC'ITALS. The recitals set forth aUove are hereby incorporated as if set forth herein in fi�ll. 2. TERM. Section 2 entitled "Tcrni'' is amended to extend the ternl of this lease for one (1) additional year commencin�on January 1, 2016 and ending on December 31, 2016 ("Renewal �I�erm"), unless otherwise extendcd or terniinated. Thc terni of tl�is lease may Ue cxtended for an additional one (1) ycar term Uy the Mayor, ��ith prior notice to il�e C'ity C'ouncil, upon mutual agreement of thc parties with suUstantially the same tcrms and conditions as set forth herein. 3. C'Ol�'SIDERATION. During t11e Renewal Term, Section 3 entitled "Consideration" is amended Uy repealing and replacing in its entirety Subscction 3(a) entitled ``Rent" to read as follows: (a) Rent and Leasehold Tax. Lessee shall pay annual rent of Tllirteen Thousand Two Hundred Dollars (�13,200.00) ("base rent payment'`), which includes utilities as set forth in Section 6 or the Lease, for its use of the Cart 1'ad payable in monthly installments on the first of each month during the term of this lease. In addition to the Lease Payment, i.essee shall pay a leaschold excise tax, pursuant to RCW 82.29�1.030, on all rent paid to the C'ity, currently in the 1 Second Amen�finent to Gold �Llou►itaii� Cart Pad Lease amount of 12.84 percent of the Uase rent payment and as may Ue adjusted pursuant to Ch. 82.29A RCW. Lessee shall pay the leasehold excise tax with the applicaUle rent payment. 4. ADDiTIONAL TERMS AND CONDITIONS. Lessee agrees to additional terms and conditions to Ue added to the Lease effective on the effective date of this Second Amendment as follows: (a) Management of Lease. The manage�nent of this I.ease relating to the day to day operations and use of the Cart Pad by Lcssee will Ue Uy and through the Operator ol'the Golf C:IuU as authorized and directed Uy Lessor. The contact for the Operator is: Bremerton, WA 98337 (b) Cart Rental. Lessee will rent its carts to C'ity on an as needed Uasis at�25 per day. (c) C;art Washing. Lessee will wash its carts in a different location (opposite of first tce-Uox Cascade). Lessee will locate the washing area away from the first tee box. (d) Tents. Lessee will power-wash the tcnt structures before the Renewal Term. (e) Fence. Before the Rene�val Term, Lessce �vill install, at Less�e's eapense, a six (G) foot wooden fence at top left�*rassed area at entrance corner and a long moveable wooden fence Uetween the determined line area of the Uottom pad (as identified on Exhibit A) to mostly visually Ulock carts, etc. from the view line of parking lot. The wood material lends itself esthetically to compliment other natural struchires on the property. The wood material and design of the fence is subject to approval of the Mayor prior to installation. 5. OTHER TERi1�S. All other ternis of thc Lease not specifically amended herein shall remain in fi�ll Corce and effect. C. DiJPLIC;ATE ORICINALS. This document is executed in duplicate originals. IN WITNESS WI-IF.,REOF, This Second Amendment is entered into the date fiilly executed. LESSOR: LESSEE: C1TY OF BREMERTON ALEXANUER CART RENTALS, INC. PATTY LLNT, Mayor S('OTT AL�XANUER, I'resident Datc: Date: IZ`'�.Le�al`�Legal\I iles\Cun•ent Actrve Files\Gold Moun�am`�greements and f)iicumenls 201�`•Cart Pad I.casc-Sccond Amendment 201G- f'inal.doc 2 Seco�rd Aine�tdment to Gold Moun.tain Capt Pad Leuse � � � = � " i�`�`�'/'S�%�, - ' = � � � \\ � .. . l �\�. L \ �`��.,� .. . _ ' -�,_ - -- =� I �\� ,_, _ . ., � - . r� �,, - _ --- � `= - ,�� ` ��,� - � � � � -� :�� - �= .- �.; � � - _ � � � . -�,., - _ _ _ ��`'�. � _ �— �� .. ;�: � - � � _ � - �,. �� _ _ � �. :a � - _ �� f•yyy �•r•l - �v �✓� �� r�i� � �' � � - _ _. �1�'� ' . ��. A yt!' �^� _ _. � . • . `��,� �' ' ,� � � . _ . , _ _ . � .� -� ' �`�. - - ?� �Y � � , : .i,/� .� �,,��., �� .__ - , . "��r' �r`�.'�-�► � " ' " �f • F . �I � \�i� \�\ '.\ . _ �- � � '_. .�A .•-�}� � .�� t �-�. �� . f . .� �. , � �Z\ ��L � � . �� \ � _ ,'4 '� ``,� ' ��.4-, > . i,r',��.t;4" rq-�� A'�-+: „��s. t� ��i� ��+�w:�� ,f �,� 4`�,�� ,`;��,,,_ � - /� . , �� • r�� ` \ . � .. �'•� �c i ��s��, �� ♦' ` `�� - .� . � �' ��,`� ty+� ��L � � � � � � � �'� �� ♦ +�� • r �� •.�-�.��}► T��.. _ .. . . n` _ . � ♦i�. ' ��' \.'�: _ . . . . ��` `••~�,l��r �\ . \. . �i�� _ ; �. � �',�� - � �, � c� .� - �<<"��,,� � � ; � � `�� . C3� . ., '�s�:.;,�.',, a`. , � � � ��,� 4� ��.��„ � j" ��,,� � �� \��s � ' _ �-:� i � - � __ � � '�_� � � /' , � � ,:,, � ��f ,_ - �;�� - . ; � � ,•::..__;,.._.�...:.r--..,.:�.:..,:_:.._; _ .... .............._ _ _ � `• ----_---- - - ------ - ,. .,. _ ......._-._......... - - °.".- --.. .:........:. ; ., .._...;-,a�.:�.i?...:=;':'N=-'�� :::.':�rw.+xiMk'� � ;' .'��s 1� Ij ��1 "�" �"MS.:� ..:' �' �! ...+.e�t' j �' .\ � ��'' � j� �� f �! '� �!+� �` ��`C++.� 77 •' � �' �� ' � � �\�. \\.�^�, { �'ti,v"+:. v��' ��I � �fl �Lw�.��:�a��'1� 11�� . ...�__ __ 3J . . . . . � OHIc� of the City Attom�y Roger A.Lubovlcho Clty Attomey Te13B0-473-2345 Fax 380-473-5161 345 8th SOreet,Sutla B00 Bremerton,WA 88337-ie73 Apri117,2015 William Bmughton 9057 Washington Ave Silverdale,WA 98383 Re:Letter of Agreement for Lease Dear Bill, � Tlus letter confums that tlie Cifiy Council has authorized the extension of the term of the , lease.between the City of Bremerton("Cit�')and your client,Alexander's Cart Rentals,Inc. � ("Lessee")for the leased premises located at Gold Mountain Golf Course allowing Lessee to , remain at his location until the end of 2015. This extension is granted in consideration of Lessee's agreement to termination of the golf cart lease agreement with Columbia Hospitality ; pursuant to the,recent notice issued by Columbia Hospitality to Lessee.No rent will be charged for the remai.nder of the term for the leased premises.All other terms and condidons set forth in the original lease between the City and Client shall apply during the extension of this lease. ; ; I provided a signature line below for you to acknowledge on beha�f of Lessee this lease � extension to allow Lessee to remain on the lease premises through the end of the year and ' Lessee's agreement to termination of the golf cart lease with Columbia Hospitality. i � � Thank you for your courtesies in this matter.Please return a signed copy of this letter to i my office. E Sincerely, I - �--' ger A. Lubovich � � Accepted on behalf of i Scott Alexander and Alexander Golf Carts ! I , � � William Broughton � Dated: � l'1— l 5 ; ; � LEASE THIS LEASE is entered into on the date fully executed by and between TH�CITY OF BREMERTON,a municipal corporation, (hereinafter referred to as "City"),and ALEXANDER CART RENTALS,INC., a Washington corporation, (hereinafter referred to as "Lessee"). WHEREAS,the City is the owner of Gold Mountain Golf Club("Golf Club"),which ownership includes the land upon which said golf complex is located,the buildings and other improvements which are a part thereof; and WHEREAS, Lessee has a private golf cart rental business and agrees to provide golf cart services to COLUMBIA HOSPITALITY(the"Operator")of the Golf Club from this business at a reduced rate. Lessee desires to lease land from the City at the Golf Club for the storage of golf carts associated with Lessee's business; and NOW,THEREFORE, for valuable consideration and by mutual consent of the parties, the prior Lease Agreement between the parties is hereby terminated in its entirety and replaced with a new lease as follows: 1. PREMISES. City does hereby lease to the Lessee the cart pad consisting of approximately 15,000 square feet of land("Cart Pad") as set forth in Exhibit A,also referred to herein as("Premises"),said exhibits attached hereto and incorporated by reference. The Premises are located upon real property commonly known as the Gold Mountain Golf Club("Golf Club")legally described as Section 36,Township 24 N,Range 1 West,WM in Kitsap County,Washington. 2. TERM. The term of this Lease shall be for one(1)yeaz commencing on January 1, 2013 (the"Commencement Date") and ending on December 31,2013 ("initial term"). 3. CONSIDERATION. (a) Rent. As consideration for this lease,the Lessee agrees to rent carts to the Operator of the Golf Club at a substantially reduced rate. Such reduced rate being beneficial to both the Operator of the Golf Club and the City,the rent for this Lease shall be One Dollaz ($1.00)per yeaz. (b) Holding Over. If Lessee remains in possession of the Premises or any part thereof after the expiration of the term of this Lease without the express written consent of City, such occupancy shall be a tenancy from month-to-month at a rental in the amount of 100%of the Fair Market Value for rentin the land g and upon all the terms hereof applicable to a month-to- month tenancy. 4. LEASEHOLD EXCISE TAX,OTHER TAXES AND ASSESSMENTS.In addition to the Lease Payment,Lessee shall pay a leasehold excise tax,pursuant to RCW 82.29A.030,on all Lease Payment amounts paid to the City, currently in the amount of 12.84 percent of the base 1 Go[d Mountain—Cart Pad Lease Lease Payment and as may be adjusted pursuant to Ch. 82.29A RCW.Lessee shall pay the leasehold excise tax with the applicable rent payment. The leasehold excise tax will be determined by the base lease payment Lessee paid for the Cart Pad in 2012 in the amount of $3444.00 adjusted slightly to $3600.00. Payment of the leasehold excise tax shall be paid in quarterly payments beginning on January 1,April 1,July 1,and October 1 of 2013. Payment shall be due within fifteen(15)days of the beginning of each quarter. Lessee shall also pay all taxes assessments, and all other governmental chazges,of any kind whatsoever, except as set forth in this lease,applicable or attributable to the Premises, Lessee's leasehold interest,the improvements,or Lessee's use and enjoyment of the Premises. Lessee shall pay these taxes and assessments when due or as otherwise requested by the City. 5. USE OF PREMISES. (a) Cart Pad.The Lessee shall have the right to use the Cart Pad for the storage, maintenance and operation of its private golf cart rental business. (b) City's Use of Cart Pad. By mutual agreement of the Director of Parks and Recreation, or his or her designee and Lessee,portions of the Golf Pad may be used by the City for use associated with the need for overflow parking for events at the Golf Club. In no event shall the City be able to use the Golf Pad for overflow pazking without at least 90 days notice to the Lessee. (c) Compliance with Laws.Lessee shall not use the Premises or any part thereof for any illegal purpose. Lessee shall not engage in any activity with respect to or on the Premises other than the express uses and purposed stipulated therein,without obtaining prior written consent from the City, which consent can be withheld for any reason. Lessee agrees to conform to municipal, county, and state codes, statutes,ordinances, and regulations concerning the use and occupation of the Premises. 6. UTILITIES. The City agrees to pmvide and pay all chazges for electricity,water, sewer, gas/propane, garbage,telephone, and for all other public utilities used at the Premises. The City shall not be responsible for failure of provision of these services unless said failure is due to nonpayment for services. 7. ALTERATIONS AND ADDITIONS. Lessee shall not make or allow to be made any alterations,improvements, or changes to or of the Premises or any party thereof without the prior written consent of City, and all improvements, alterations, or changes so made, shall become a part of the leased Premises and shall belong to City upon expiration or sooner termination of this Lease unless otherwise agreed to by the parties. With respect to such alterations, improvements or changes to the Premises requested by Lessee, City's consent shall not be unreasonably withheld. In the event City consents to the making of any alterations, additions,or improvements to the Premises by Lessee,the same shall be made by Lessee at Lessee's sole cost and expense,the Premises and Lessee's leasehold interest therein shall remain free from any lien of any kind whatsoever, and construction of such alterations, additions or improvements shall be done in compliance with all laws and governmental requirements. 2 Gold Mountain—Cart Pad Lease 8. MAINTENANCE AND REPAIRS. (a) The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the Term unless the premises suffers damage as a result of actions or inaction by the City. (b) Lessee's Repairs,Alteration.Maintenance and Replacement. (i) Lessee shall, at its sole cost and expense, keep and maintain the Property and all improvements (regazdless of ownership) in good order and repair, in a clean, attractive, and safe condition. City and Lessee agree that the current condition of the premises is satisfactory. (ii) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above. 9. LIENS. Lessee shall keep the Premises, Lessee's leasehold interest therein and the Building and Land on which the Premises aze situated free from any liens arising out of any work performed,materials furnished, or obligations incuned by Lessee. 10. INDEIVINIFICATION. Lessee shall indemnify, defend and hold City harmless from all loss damage,liability or expense resulting from any injury to any person or any loss of or damage to any property caused by or resulting from any act or omission of Lessee or any officer, agent, employee,guest, invitee or visitor of Lessee in or about the Premises,but the foregoing provision shall not be construed to make Lessee responsible for injuries to third parties caused by the negligence of City or any officer, agent,employee, guest,invitee or visitor of City. City shall not be liable for any loss or damage to person or property sustained by Lessee, or other persons, which may be caused by theft or any act of neglect of any Lessee,or of any other person,or by any other cause,unless caused by the sole negligence of City or its officers, licensees, agents, employees, guests, invitees or visitors. 11. LIABILITY INSURANCE; HAZARD INSURANCE. (a) Liability Insurance. Lessee, at its own expense, shall provide and keep in force with companies acceptable to City comprehensive general liability insurance in the amount of not less than One Million Dollazs ($1,000,000.00)per occurrence for bodily injury and property damage. Lessee shall furnish City with a certificate of such policy within thirty(30)days of the Commencement Date of this Lease and whenever required shall satisfy City that such policy is in full force and effect. Such policy shall name City as an additional insured and shall be primary and noncontributing with any insurance carried by City. The policy shall fuither provide that it shall not be canceled or altered without twenty(20)days prior written norice to City. (b) Hazard Insurance. Throughout the term of this Lease, City shall procure and maintain fire,hazard and extended coverage insurance on the Premises. Should the premises become uninhabitable due to loss or become uninhabitable for any other reason the City shall have the option of terminating this lease. 12. DAMAGE OIt DESTRUCTION. In the event the Premises are damaged to such an extent as to render the same unusable in whole or in substantial part,or are destroyed,Lessee 3 Gold Mountain—Cart Pad Lease shall give City or City's agent immediate written notice thereof, and it shall be oprional with City to repair or rebuild the same. City shall have not more than thirty(30)days after date of such notification to notify Lessee in writing of City's intention to repair or rebuild the Premises, or the part so damaged and, if City elects to repair or rebuild Premises,City shall prosecute the work of such repairing or rebuilding without unnecessary delay, and during such period the rent of the Premises shall be abated in the same rado that that portion of the Premises rendered for the time being unfit for occupancy shall beaz to the whole of the Premises. If City shall fail to give the notice aforesaid, Lessee shall have the right to declaze this Lease terminated by written norice served upon City or City's agent. In the event that there is not sufficient insurance to pay for the repair or rebuilding of any damaged structure,then the City, in its sole discretion,may terminate this Lease. Provided,however,prior to ternunating the Lease for this reason,the City shall discuss with the Lessee other ways to provide for the funding shortfall,but such will not prohibit the City from terminating the lease. 13. PERSONAL PROPERTY. Where furnished by or at the expense of Lessee, all movable property, fiuniture, furnishings and trade fixtures,other than those affixed to the Premises so that they cannot be removed without material damage, shall remain the property of and be removable by Lessee, and in case of damage by reason of such removal, Lessee shall restore the Premises to good order and condition. Lessee shall pay or cause to be paid before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Lessee's improvements, equipment, fumiture, fixtures, and other personal property located in the Premises. 14. ENTRY BY CITY. At any and all reasonable times during regular business hours,upon one(1)day's prior notice to Lessee, City reserves and shall have the right to enter the Premises to inspect the same a reasonable number of times,to submit the Premises to prospective purchasers or Lessees,to repair the Premises without abatement of Rent, and may for the purpose erect scaffolding and other necessary structures where reasonably required by the chazacter of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby and further providing that the business of Lessee shall not be interfered with unreasonably. Lessee hereby waives any claim for damages or for any injury or inconvenience to or interference with Lessee's business or any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby,if City shall have taken every reasonable measure to avoid any such injury, inconvenience or interference. City shall have the right to use any and all means which City may deem proper to open any doors or otherwise obtain access to the Premises in an emergency,without liability to Lessee except for any failure to exercise due caze for Lessee's property, and any entry to the Premises obtained by City by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction of Lessee from the Premises or any portion thereof. 15. ASSIGNIVIENT AND SUBLETTING. Lessee shall not either voluntarily or by operation of law assign,transfer,mortgage,pledge hypothecate,or encumber this Lease or any interest therein and shall not sublet the Premises or any part thereof or any right or privilege of Lessee thereto or allow any person(the employees, agents, servants, and invitees of Lessee excepted)to occupy or use the Premises or any portion thereof,without the prior written consent of City,which consent by City shall not be unreasonably withheld. Any such assignment or subletting without compliance with the terms of this paragraph shall be void and shall, at the 4 Gold Mountain—Cart Pad Lease option of City, constitute a default under the terms of this Lease. If Lessee is a corporation, any transfer of this Lease from Lessee by merger,consolidation,or liquidation or any change in the ownership or power to vote in the majority of the outstanding voting stock of Lessee shall constitute an assignment for purposes of this paragraph. Consent to one assignment, subletting, occupation, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. Consent to any such assignment or subletting shall in no way relieve Lessee of any liability under this Lease. City may assign the Rent herein provided to any person,partnership, corporation, or bank, and Lessee agrees when norified in writing by the assignee of such assignment to make the Rent payments to assignee under the terms of said assignment. 16. LESSEE'S DEFAULT. In case of violation of this Lease by Lessee,the City shall notify Lessee in writing of such violation. The Lessee shall cure any default that imposes an immediate threat to the public health, safety or welfare within 24 hours. Any default in the payment of monies due under any provision of this Lease shall be cured within 10 days. All other violations shall be cured within thirty(30)days following the delivery of said notice; provided,however,that if the nature of Lessee's default is such that more than thirty(30)days are reasonably required for such cure,then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty(30)days and thereafter,diligently prosecutes such cure to completion. In the event of the failure of the Lessee to remedy any default or violation of the covenants,agreements,or condirions herein contained within the period of time specified in the norice,this Lease and all rights of Lessee hereunder shall be terminated and the City shall have the right to enter upon the Premises and re-take possession thereof. Continued violations for same or similar reasons may be grounds for immediate termination if a subsequent violation occurs after the City gives notice that it intends to terminate upon the further occurrence of ' similaz violations. 17. REMEDIES ON DEFAULT. (a) Termination and Re-entry. This Lease can be terminated for good cause. Good cause shall mean any of the following; 1. failure to timely cure a default of this Lease after notice as pmvided in Section 16 above, 2. termination or expiration of this Lease between the City and the Lessee, 3. lack of sufficient insurance proceeds to rebuild or repair the facility after damage or destruction; 5. insolvency of the Lessee,or the appointment of a receiver to administer its financial affairs,or 6. any reason specified elsewhere in this Lease, or the attachments hereto, that is designated as grounds for terminarion. (b) Termination for convenience. Either party can terminate this lease for convenience upon one hundred twenty(120)days notice to the other party. Such notice shall be in writing and delivered to the address provided herein. Upon the termination of the Lease,the Lessee shall vacate the Premises, and the City may immediately reenter and take possession of the Premises without the necessity of a court order to do so. 5 Gold Mountain—Cart Pad Lease (l�) Costs of Recovery. Lessee agrees to pay City the cost of recovering possession of the Premises,the expense of reletting, and any other costs or damages arising out of Lessee's default including,without limitation,the costs of removing persons and property from the Premises,the costs of repairing or altering the Premises for reletting,brokers'commissions, and legal expenses and fees. Notwithstanding any termination,reentry, or reletting, the liability of Lessee for the Rent and Additional Rent for the balance of the term of this Lease shall not be extinguished and Lessee shall pay and City may recover from Lessee at the time of termination, reentry,or reletting,the excess,if any, of the amount of the Rent reserved in this Lease for the balance of the term hereof over the then reasonable rental value of the Premises for the same period. Reasonable rental value shall mean the amount of rental which City does or could reasonably be expected to obtain as rent for the remaining balance of the Lease term. (c) Removal of Personal Property. In the event of a retaking of possession of the Premises by City, Lessee shall remove all personal pmperty located thereon and upon failure to do so upon demand of City,City may remove and store the same in any place selected by City, including but not limited to a public wazehouse, at the expense and risk of Lessee. If Lessee shall fail to pay the cost of storing any such properiy after it has been stored for a period of thirty (30)days or more, City may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale,secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Lessee to City under the terms of this Lease, and the balance,if any,to Lessee. Lessee hereby waives all claims for damages that may be caused by City's lawfully reentering and taking possession of the Premises or lawfully removing and storing the property of Lessee as herein provided and will save City hannless from loss or damages occasioned by City thereby, whether such lawful reentry shall be considered or construed to be a forcible entry. (d) Remedies Cumulative. The remedies hereinafter described shall be cumulative and City shall be entitled to pursue any other remedy now or hereafter available to City under the law or judicial decisions of the State of Washington. 18. HAZARDOUS SUBSTANCES. Except as disclosed on an annual basis to the City, Lessee shall not generate,release, spill, store,deposit,transport,or dispose of(collectively "Release")any hazardous substances, sewage,petroleum products,hydrocarbons,radioactive substances,medicinal,bacteriological, or disease-producing substances,hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ("Hazazdous Substances")in, on or about the Premises. Lessee sha11 indemnify, defend and hold City harmless from any and all claims, liabilities, losses,damages,cleanup costs, response costs, and expenses(including reasonable attorneys' fees) arising out of or in any way related to the Release by Lessee,or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in,on or about the Premises occurring at any time after the Commencement Date and arising out of the activities of Lessee, or any of its agents,representatives or employees. The provisions of this pazagraph shall survive termination or expiration of this Lease. 19. GENERAL PROVISIONS. City and Lessee agree to the following general provisions: (a) Costs and Attorney Fees. If,by reason of any default or breach on the part of 6 Go[d Mountain—Cart Pad Lease either party in the petformance of any of the provisions of this Lease, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney fees in connection therewith. It is agreed that the venue of any legal action brought under the terms of shall be in Kitsap County. (b) Insolvency. In the event that the Lessee shall become insolvent or go into bankruptcy, this Lease may be canceled at the option of the City without notice, and the City may take immediate possession of the Premises and the whole thereof and the same shall not become an asset in bankruptcy. (c) Nondiscrimination. Lessee shall not discriminate in employment or services to the public on the basis of sex, race, color, creed,national origin,age, sexual orientation,marital status,physical,mental or sensory handicap except an employment action based on a bona fide occupational qualification. (d) Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this agreement sha11 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. (e) Binding Effect. This Lease shall be binding upon the heirs, successors, assigns and all other parties legally empowered with signatory rights of any or all of the parties hereto. (fl Paragraph Hesdings. The paragraph or section headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretarion of any part hereof. (p� Severability. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect,impair,or invalidate any other provision hereof and such other provision shall remain in full force and effect. (h) Prevaous Aga�eements Superseded. The terms and conditions of this Lease supersede the tetms, obligations and conditions of any existing or prior agreement between the parties regarding the subject matter of this Lease. (i) Entire Agreement. This Lease, including the exhibits and statutes referenced herein contain the entire agreement between the Pazties and are the embodiment of all written or oral representations between the parties hereto. (j) Amendments. This Lease may be amended at any time only by written agreement signed by the parties. (k) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. (1) Recordation. Neither City nor Lessee shall record this Lease,but a short form memorandum hereof may be recorded at the request of City. (�) Qauet Possession. Upon Lessee paying the Rent reserved hereunder and performing all of the covenants, conditions, and provisions on Lessee's part to be observed and 7 Gold Mountain—Cart Pad Lease performed hereunder, Lessee shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease. The Premises are leased subject to any and all existing encumbrances, conditions,rights, covenants, easements,restrictions,rights-of-way, and any matters of record, applicable zoning and building laws, and such matters as may be disclosed by inspection or survey. (n) Execution. This Lease may be executed in several counterparts,each of which shall be deemed an original instrument. (o) Notices. All notices to be given hereunder shall be in writing and shall be personally delivered and receipt acknowledged,sent by United States certified mail,return receipt requested, sent by facsimile,with original delivered within three(3)days,or sent by overnight delivery through public or private service,delivery charge prepaid, and addressed to the party at the respective mailing address as herein set forth. To City: Director of Parks and Recreation City of Bremerton 345 6`�Street, Suite 60 Bremerton,WA 98337 To Lessee: Scott Alexander Alexander Cart Rentals, Inc. 3410 Circle Way Bremerton,WA 98312 It is understood that each party may change the address to which notice may be sent by giving a written notice of such change to the other party hereto in the manner herein provided. (p) Lessee's Corporate Authority. Lessee is a Washington Limited Liability Company, and each individual executing this Lease on behalf of said LLC represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporarion, in accordance with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. Lessee further represents and warrants that it is fully registered and qualified to do business in the State of Washington. IN WI'TNESS WHEREOF the parties hereto have executed this Lease on the date set forth below. CITY OF BREMERTON AL XANDER CART RENTALS,INC. � PAT'TY L , Mayor By: SCOTT ALEXANDER Its: �r.�.S. DATE: ��'Z�*'��Z DATE: �'�—I'Lo��Z (Notary Acknowledgment on Next Page) 8 Gold Mountain—Cart Pad Lease STATE OF WASHINGTON ) )ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me,and said person acknowledged that he/�ie signed this instrument, on oath stated that S he was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and urposes mentioned in the instnunent. DATED: /a -�C� •l �- '�IJ�.P�C � V i�✓L� NOTARY PUBLIC in and for the State of ��MA V• S� Washington,residing at�j�p�r_��. �....� � . �.r;d;,�°10N�� My commission expiresa��n� . . 4��Ry'e� ', �°UBLIG : ��•.?�g.�G;.••� .9 ...• �G. STATE OF WA ) ss. COUNTY OF KITSAP ) � I certify that I know or have sarisfactory evidence that Scott Alexander is the person who appeared before me, and said person acknowledged that he/she signed this instrument,on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of Scott Alexander's Golf Shop, Inc. to be the free and voluntary act of such Corporation for the uses and purposes mentioned in the instrument. DATED: � z �i�� `�C� �f�,,,,,,,��,,, NOTARY PUBLIC in and for the State of ,�41�;NP.K,y��_ Washington,residing at L`��ti, _ �,v�4 . 1`�� Q;••s�oN F,r;o•.,� '� My commission expires Skt/rX. \��:��Z AR Y�`� � N; � \ � •v �� : Z\ � � P1Jg�'�G : O� : N��1 • 6_ 9,��.;�`,`� _ �' ''...,.Z...• �� rFOFWPS�� '�-•..�iiNN APPROVED AS TO FORM: GER A BOVICH, City Attorney R:'Legal`,Legal�Files\Curtent Active Files\Gold Mountein�.Columbia Hospitaliry&other Agreements-2012'Cart Pad Lease 2013-Finel.doc 9 Gold Mountain— Cart Pad Lease � EXHIBIT A • .,, , . � � . : , E � � �� C , . -�.. -`7 / ` Q . � .� .� - - - - ` � - , .- r i�� -r ;l �? ;♦ - a � i � .'7: ��' �!/f � .. . . • • " •.`� . // . �I ! � -- • i•�r �� ' !, � ' • " '�`` \` / . � ._ -. �, � � i = . - � _ • i 1� Gold Mountain— Cart Pad Lease AGENDA BILL SA CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with the Study Session Date: October 14, 2015 Port of Bremerton for an ADA Compliant COUNCIL MEETING Date: October 21, 2015 Curb Ramp on Second Street Department: PW & U Presenter: Tom Knuckey Phone: (360)473-2376 SUMMARY: The City received a request for an Accessible curb ramp at the east end of Second Street adjacent to the entrance of the Louis Mentor Boardwalk. All parking in that location is owned by the Port of Bremerton and posted for Marina use only, and the closest accessible ramp is located on Washington Avenue. To address the request, the City and Port have negotiated an Interlocal Agreement with the City completing the design and bidding out the construction, and the Port reimbursing the City for the construction costs. The ramp is proposed to be designed and constructed with the Bremerton Crosswalk Improvement project which is scheduled for construction in 2016. ATTACHMENTS: 1) Interlocal Agreement 2) Exhibit— Site map FISCAL IMPACTS (Include Budgeted Amount): The design cost is negligible - City staff will complete the design in-house, and provide to the consultant to incorporate into the bid documents. The Port will reimburse the construction costs which are estimated at $5,500. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with the Port of Bremerton for Construction of an Accessible Parking Space at the East End of Second Street 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 INTERLOCAL AGREEMENT BETWEEN THE PORT OF BREMERTON ANI) THE CITY OF BREMERTON FOR CONSTRUCTION OF AN ACCESSIBLE PARKING SPACE AT TI�E EAST END OF SECOND STItEET This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39.34 RCW by and between the PORT OF BREMERTON, a Washington municipal corporation, hereinafter referred to as the ("Port") and the CITY OF BREMERTON, a Washington municipal corporation, hereinafter referred to as the ("City") WHEREAS, all parking along the Second Street Right of Way is owned by the Port, and is currently restricted for Marina Use only, and; WHEREAS, City residents access the Louis Mentor Boardwalk via Second Street for recreational purposes, and; WHEREAS, the City has a high percentage of disabled persons (nearly 10%of residents between the ages of 18—64 and over 30%older than 65), and; WHEREAS, more than 30,000 visitors annually visit the USS Turner Joy, a large percentage of which are aging Vietnam War veterans, and; WHEREAS, the City and Port have a mutual goal to provide an accessible parking space adjacent to the entrance of the Louis Mentor Boardwalk, and; WHEREAS, Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements for their mutual benefit; NOW, THEREFORE, the City and Port, through their respective legislative bodies, do hereby agree as follows: 1. PUItPOSE OF AGREEMENT: The purpose of this agreement is to provide for the design and construction of an accessible parking space at the easternmost end of Second Street adjacent to the entrance to the Louis Mentor Boardwalk, with similar confi�uration to the sketch in Exhibit A. 2. SERVICES PROVIDED: The City will design and construct an accessible (meeting FHWA criteria for ADA compliance)parking space at the east end of Second Street adjacent to the entrance of the Louis Mentor Boardwalk. The City will be responsible to ensure all work is performed, and will be financially responsible for the design and the management of the contractor during construction. The Port will pay for all construction costs associated with this new parking space. The work will be included in an existing City construction project that is completing similar curb ramp work, currently scheduled for construction in 2016. The work, and the entity responsible for the cost, includes the following: • Design, including survey,permitting, etc., (City), • Advertisement, Bidding and Project Administration, (City) • Construction Management, (City), • Demolition of existing sidewalk sufficient to accommodate installation of a curb ramp, (Port), • Construction of the new concrete curb ramp, (Port), • Installation of signage, (Port), • Restriping of the parking area adjacent to the new ADA compliant parking space, (Port), Any additional work not identified above will be coordinated between the City and Port prior to being performed. 3. ADMINISTRATION OF AGREEMENT: The City of Bremerton Department of Public Works and Utilities will administer this agreement for the City of Bremerton. Director of Facilities&Planning, Steven Sparks will administer this agreement for the Port of Bremerton. 4. DURATION OF AGREEMENT: This agreement shall take effect upon execution of the agreement by both the City and the Port. The work described in this agreement shall be completed by December 3 l, 2016, at which time the agreement shall expire. The agreement may be extended by one year upon written agreement of the administrators, if the City's project cannot be completed in 2016. 5. TERMINATION OF AGREEMENT: Either City or the Port may terminate this agreement by giving thirty days written notice to the other party. 6. R�IMBURSEMENT: Upon award of the construction contract to the successful bidder on the City's project, the City shall provide the Port a copy of the contractor's bid proposal which will identify the cost of the work included in this agreement as a separate bid item. Upon approval by the Port, the City shall give notice to proceed to the contractor to perform the work, whereupon the Port shall be responsible for the cost of the construction. The Port shall reimburse the City for all construction costs within thirty(30) days of construction completion. 7. NOTICES: All notices and coordination for the work described in this agreement shall be through the administrators listed below: City of Bremerton Port of Bremerton 3027 Olympus Drive 8850 S.W. State Hwy 3 Bremerton, WA 98310 Bremerton, WA 98312 Attn: Tom Knuckey, City Engineer Attn: Steven Sparks, Director Phone: (360) 473-2376 Phone: (360) 813-0814 12. HOLD HARMLESS: Each party agrees to defend, indemnify and hold harmless the other party and its officials, officers, employees and agents for all claims, liabilities, damages, expenses, reasonable attorney's fees and suits arising from or relating to all acts or omissions of the indemnitor or its officials, officers, employees and agents pursuant to this Agreement. Solely for purposes of the indemnification provisions, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties. The indemnification provisions shall survive the expiration or termination of this agreement. IN WITNESS WHEREOF the parties hereto have executed this Interlocal Agreement on the date fully executed below. CITY OF SREIVIERTON PORT OF BREMERTON By: Patty Lent, Mayor By: Roger Zabinski Date: President&Commissioner Date: Attest: By: Axel Strakeljahn Vice President&Commissioner City Clerk Date: Approved as to form: By: Larry Stokes Secretary&Commissioner Date: City Attorney R:\Legal\Legal\Contracts�PUBLIC WORKS\ILA wrth Port Second St Curb Ramp 2015 9 30 draftAH.docx +� � , i • - "9, . -i . - . . '�'� � �• �' ,3 �, .- ., �'� � , , � � .�:::,. P ';s�'; �' � 1 ` ¢ .fi(,..,� : - , . � 'N � ��J• i' � + Tw ;r #'~ . • ��* , /�� . yL�_ '� ,.;r � °� ` - ..�,�� y.s '; .r 1►�i ��'�'�", I � '��, � ,�� j, ��, �:. , r� ' q�t. � �. } w� � �\a � L"1�.r'�� .1 �i 1� ' ,i7t . y1�1 � 'q � J% /t��4 t.� � �� . �� . • a�..{, ��! 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' __ _. .. . _" _ _"_.�� __...I�.___. � �� __ D� • O A reerr�ent with Port � ; �$�o.��o�u a�,�� : ,��o��,,,_��„�. • • • • • 393a �i�'�a.0 �FgCO D p'L�rCyp.tB��RrO\ � City Responsibil�t�es: R�.�� u �r �Ar,� cm�'e�-mbr,�@eaORTp g�aed;c.y ��'D - ��7�d tae��7UN a a'?�t r°rbeprpr��o. I • • • u�ay�ns�pL•i� .��f YY+r� FB��'�OaCO�� • Des�gn, permits, pro�ect ,�a�„5��S��tr�aaF�s �' ' • • • ��;��atJi �� administration, ��ab6s��y.�� 6 �� S�OndSp�� I • • �h0.��3Q SJ'a� (�7�➢IO::o! I �B 4i °� construction, construction ��d��,as��7��'�a�ce�a��ct�L'�St�J�a �� i a �eott�pj,p��a�,y��ro � j ro°p�te�.AS'�Rtr3o3i ��°aatc�bk��e i management �� R�,,�� ' ,��: �� - � i °�r:�„��e� '@'�`�°�"�p�� i �� i • Design and CM by City ��T. ��.� ��3;,��are�aaga�te �'�Pose c: Staff � ��a�w �+°ro L 8o�°'�d�RiA��ot �M°ba ��f�1q'q��CES PR017pEp, �t�p�ro� �1��tu°°te� ��P'�tore�� «mancr�Q+��`J1� �nmar�c�a��b� Port Responsibility `°��`°�°��°�°��b°�°� • �pe urra �ar °'�wv. .ero • mctpnYPxn�+�r�om�°tA�rn��aD��d me��mGce • mecort��c�eda4y�r�m°SC�.� ��aacy�qid � �m�"r�>s�4y�°°?r� ��'rcQ°om�'a�rorer.µ�ii • Port approves design and ��-�« �n°°��° � construction cost • Reimburse construction cost ($5,500, est.� °� a000 00 o. . o Desi n and Sc�edvle ;� � - _-- 9► ' , �' .�. ;` �k.. -.�:�, ,<,, v � -�• .�,� f :"cr '1 � � _�'�i ;� , � ti� � , � ;? ( � ` , ,, . �; 7 ;.,,: r I f . , ( :,`_',�, �1 ,r�l �' V'. � . �. ".�r'c• - '� : � • Port Approved ILA at � � � - � ; � _ � '�� '' t�'1 ' � 5'MIN. � ��.�. .� �..b" .;,`� i October 13 Meeting �� .-,�� . : ; _ �-:� � � --PROPOSED .��' � �`. � RANIP : j � • • ��z . ,�� Q I , LOCATIO[V Look�n at desi n �� g g \� � ;�: . t. ; .:_.:. . . 9 �'�''`'' . �� , �, opt�ons; completion by , �T ��;.;:r., .� , � ; :.w ; . � February 2016 for bid P R ''� •� . - � G�5 AS , '��'F. �' � i �EQU'R�ED � , . .� Z. ��~� • with Bremerton .�_�� :-�- �. --��-�, � . .�--_ ` ' �.�,� . , ., ;� . . . ; � .. r - _ \./F''_: r �` \ � :.� ';��'� � • "�'•i`-`� ?"� �` , 'I ` '• '� � Crosswalk Project I�ay � a ��.. ...� �.�;, _,� � ;�- � � � , � . ; •; �, rt-,'• � .. � . ,� ' " ,� p"w°. � "+r►' ,� ' . � � t • 2016 Construction ., � �,.�_ �,��`' =__-�� ' . _ ; .F � � , : n •'f � "' r L . � � d�li wi1�� '�, �� w�i�~�'�o .�� __ � � . .��}�, ' J � - sif�� w �.py Iw , -� • � ��"1;, _.�� .� �� . ,_ ��k � , .� ��, ` ,. ,��a� � ✓I �. � :, � ��. • . . ,� , * ,. . -� ,� _,.__, ao�Qo ��, ;• • o . •�.:.�.,, - - M ♦ • QU�S�IOf1S . : � __ .._ _ __ _._ ----- --------------- ; - ; ; i � � � � � , � ; i I " I ; � � _ j - I �,, �- —-+� , ' �I � 1 I '� �I�- �� I.�1 �'--,.� 1 --- � i � I I I ;'; C304�00 o' ' O :��',,s�� _� `� ,��.�� --�� r \ �` �v '1e- �L �,'� 1 tM«ne�Dme � �F,� ..- �. `i • - . �� .�r .� i.-a�.. �sy �„�.,�. . �,�,� ..,: �yt;� i_� ��}�^.; ..t �� . 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TYDo M S[hool C ' C o o r d i n a t i o n• �p�'�� ( �k��s N��eAph) '•I �Pr�r�yY Sc++oae ��q�Ey�7t ❑M'un 8ena7 , •Projects prioritize wit t e ��.��,�,.�,�,�m,�d� ��tr,��_ �uTe..w�nue�,�a� `�^"�: �o, � t�'MnJ: tY g,1:,p� ea ro ne ti�gn�Mooqq q: �.� � • • NwemSnt�r.,...�._ �Ou'� tu Fmhvar s,'�o� '+°E�roaxkambl�.^�uu�ave�c+rt 2�o p�roa: 'i Trmur._�O;ner. c o o D i s t r i c t, �tttwa oreasei e C� t��h0vy eMsb MV�ene apaRea=�o�,� �S � 8rosalona�o��• 1.ea0A ��e� leaeA ��Yc�M 8w e I •Transportation Surveys ��o��C T0�'�� E++e�R��Ta'�AOfeetceat j "�*+ortcUr,eu� �, ��a,�wn,;,, ��so,�o ! �a0�.vc�eatro Tu.�ae� � i 3 y5�5000 completed by Teachers, F°�°� �.`�:°� �`° ---s° e.mas �n�mick„�. *0��,caw„ uf ��1R iy,�� 1�et domn+�Y(qwa a a.m;�n a M�i�a1 �ae�m��e�Tora e'e ayRn9�y no�,.�:o nni y�on fe on ine e�f s ewa��°��^'�r.wm w��Bn cp�-y�c4n yp�rs°1 ea amz op nRlea ae m 4famn arAe ro a.o�m�v ee a++v"d=m mau,•.� '"rt1u'�'"y�m+ne m `°'�'°ro ar_,�p i4aYi Ovna. rtt• • • • � �'hantS7)qa•aqw�n aN1 qp��;e^CMury`t�s�a70eq�1rer;�a��'�lxl�ex�''ma'�r Application Submitted April, ��,�� o��heerkpr� v�aoa�...�9rs �'OY�tarmn�r.:L,,,n,�w �b.On d�yy t�jM� �Sehaai O��y�n� ee�twn n 2� � 4� �.,�.�� .,�n�.� �Lit c1a 6:1t d��c*o0mre p�,y,q'WeO•uDDert C��A q't�sJg'p�jrlpn n�omr�6M o�p �! �W°BTey'G/eh�jb��m E;en oomF�atea Ep r Ne Cradn eetypp reaII ln�wr_�sa.�as eprtye��np�'e �RCJECTSCNEOU a�0"^�^som,rea�m�.e:,ae �O�Iteece,:,.,,,.,;oma��,�o p�� EANDCOSTSUMlIIqRybECnON ei�'�0°�'�urnnere. a`q�D�1r'�barevsen•ax.hn E��eRm°° � ro� Nar. Anovnt Awa rd Notification J une, 2 015 � �� QOQO OD o' ' O Design Features _ _ __ ' �� - _ r. i) I -i r ' , . � I� i � _ � , Design Features: �� -- �� ; � �� -- ---- - � •6-ft sidewalk on east side of ` � �� r -�� _ - � �� -- - � � _ � - ; � � _ _ .. i Ma rine Dr. from Bertha Ave ;�_ �� .-.. __ ' ��- � `'-- _ _ y � � _�-- � � r� � � ��L__ ." � to Rocky Point Road � �n� ` ' _ �� , =: - �. --F - � � • • � � - _� •6-ft sidewa lk on west side of � `� - � � �� - - - - - �, -� , i _ . �, - . r ,�,. Dora Avenue - � - � �� -� - . , �, '� � RRFB ' �-- =-. •New ADA Ramps _ F� �� , --� - ., t � ' ,_ •Reta i n i n wa l l s a t two o r ' �' �`� � ��' � � ` � u ' `J_ 1 � .�, \.✓✓ .r , e ., , t ' - - '. ' � three locations � � - � ` � - _ - ` � �� . :� -r : . . .. .! � - ' 4 �ti - 1 •RRFB at Dora Avenue .. � r � �_ �- :` �- t� F �.. �,� ��Y�1 ��-- � ��. - � . - - -�_� ��,�.�� . . ` �`��r, _ '. ' - - - �.1. - _ ,' t �/- . �[ � 1::F I .... _._- - - - � -' ��- -- -- —r--" - _.. . ..-------._..- - - �� • w n CiOQ�sQ�p•UCpi�) L l� Schedvle and Cost ��--4 - d ► �' , ' �� I , �_ !. � Schedule: _ �� I -,-,-T .�-... , ; ; .. . �..-= __ , i , " �: �, , � •Selected KPG for Desi n � � . ��_��.� ;� -i-�-,-. �. � �-- - �- � _ � i J � , _� � ,. ---r---' �- ,, , i . . . �� _ 7 ,,� r-- — i contract to Council in coming ��. , - -� � � � : �-_ - �.._ � � ; �� ^= � . � - -- � � , �� _ � _ _ .�-. weeks, � � _ . - _ � - , t� , i ,�--�-� � k � •Bid February, 2016 - `� =.g �� - ;. . _ �- ,, r � `� , .I, Y 1 ..� . •Construction June — - � - � - _ , � � - - �._ - , -, - , Q __ September, 2016 �� -� - - .;. i ' �,l � '-'. �� — CO V�• ./ `l' — � � r � � ./ i 1 . . . , _ ...� _ - � --. 1 ' •Desi n $90 400 � - '� ��, -- _ _ .` ' � • � , ''.`, � -t�,�_ . . ► _ � •Construction 455 000 - r � � �� . . - , � � ",�,s„o �,Y I i �- , I., ' � ! �x�•�n i • i.. � �� - - _ �.� �- � � , - �--. ��- - :-- � - f - =-- ---L ;:: __; :y Ci0II0 OD o• O Func�lin g ��,-�...� � �,. Th e Loca I Ag e ncy Ag re e m e nts �°�'°° � �°� �►��IAge�cyqgreen1e�t Q��A98337 r�bnr��s � formall acce t the Grant in ��' �� y p � r��,w,,m m w�,,�a,,m '°B'°""°M►4� Sh �' �OyQ �RPq �t.�f3� ier � �lRVk Ai�pp<A7 �:4t�o��(qOe�ebbaN�� 4SL•�7Lb��,y� �I �e�{ � �' I �"� o°�`�'i�'"°"'m,��m4��,�b�wr�A��Q.�k� R� ;i • b"` �n+Qa:,y �a� `�'a"��r,��m:�� two phases. 0�,� ��.�, `� �'4 �,��;ho�r�,:� I — �w01t �h��4 I ' � Siivay}��''�t • I ' •$94 404 for Des�gn ��,.�:�.�;��;�, � °�� , �,��,�: ��,�� u�.�.s„ "'�+r� 'm'�,,,,, •$455,000 for Construction i��W� ��.�� i � `x � � �„ �,,, �r� c� �'�xeF��, E�� i upon WSDOT approval of the "�' a� �°°°°° `�� °� `' � o �� x� � �E�'h�'��, o� � �woa `'�,w aam,�, an o.q, . Desian �' `� ° �! � `��e� � �� ^�a,,, �% n oee, � °�+�'r�a �4 Taar�y �O�q�•��afClp�tF� � This Grant funds the project at � � � � ��m�. 1 Q�% with no City match. °�� °�� ^"�'am, �0� �r� � 4• QOr/� '�� • QIJ�S�'IOr1S . � i �--_ --- -- --- ----------- --- � � i - i � � ;, � . � �= � - , � ,, � 1y`�;. � - .�.. �� I� '''--d' � � ;� ' aaoo 00 o' ' Q AGENDA BILL 8 B CITY OF BREMERTON CITY COUNCIL SUBJECT: Grant for Crownhill Elementary Study Session Date: October 14, 2015 Safe Routes to School Project COUNCIL MEETING Date: October 21, 2015 Department: PW & U Presenter: Tom Knuckey Phone: (360)473-2376 SUMMARY: The City has been awarded a $545,000 Safe Routes to School grant to design and construct sidewalks and crosswalk improvements near Crownhill Elementary. The project will design and construct new sidewalks along the east side of Marine Drive between Rocky Point Road and Bertha Avenue and along Dora Avenue making connections between existing sidewalks and the school, as well as a new crosswalk and enhanced safety features at the intersection of Marine Drive and Dora Avenue. This grant is in WSDOT standard form (Local Agency Agreement or LAA)with their standard terms and conditions. The LAA for design is attached; the LAA for construction will be received upon WSDOT approval of the design. ATTACHMENTS: 1) Offer Letter 2) Local Agency Agreement for Design 3) Site map FISCAL IMPACTS (Include Budgeted Amount): The grant is for $545,000 and requires no matching funds from the City. The project is not included in the 2015 budget; completion of design and construction will be in the 2016 budget. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑X General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Local Agency Agreements with WSDOT for the Crownhill Elementary Sidewalks Safe Routes to Schools project and authorize the Mayor to finalize and execute the agreements with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01I07/15 � Washington State Transportation euilding • De artment of Trans ortation 310 Maple Park Avenue S.E. , p P � P.O.Box 47300 /// Olympia,.W 04-7300 Lynn Peterson �'� 360- - 000 Secretary of Transportation � ��v :1-e00-833-6388 � �� w.wsdot.wa.gov June 22, 2015 RECE/V�D Mr. Chal Martin Public Works Director JUN 2 5 2015 City of Bremerton 100 Oyster Bay Avenue N PUBL:C WORKS 8 Bremerton, Washington 98312 UTILITIES DEPARTMENT Crownhill Elementary Sidewalks 2015 Safe Routes to School Selections Federal Funding Deaz Mr. M . WSDOT is pleased to advise you that the above mentioned Safe Routes to School project was recently selected. The federal Highway Safety Improvement Program (HSIP) funding is limited to the amount shown below: Project Name: Crownhill Elementary Sidewalks $545,000 Scope: See attached Project Summary. Note: This project is funded at 100 percent and does not require a local match. In order to meet state and federal requirements,the following are required: ■ Projects utilizing federal funds must be included in your current Transportation Improvement Program(TIP) as a complete programmed project. Once your regional TIP amendment is approved, WSDOT will amend the Statewide Transportation Improvement Program(STIP). e Projects must be authorized in accordance with the attached Project Summary. If your agency is unable to meet this schedule, a request for an extension to the deadline through your Region Local Programs Engineer,via e-mail, is required. Local Programs will determine if the reason or reasons for the delay is acceptable. See Project Delay Policy for more information at: http://www.wsdot.wa.�ov/NR/rdonlvres/2A91 E069-53FC-4840-9D89- 148DB SD272C9lO/Proj ectDela�policy.pdf ■ Project expenditures incurred before receiving notice from Local Programs of state fund authorization are not eligible for reimbursement. ■ To maintain funding, a Quarterly Project Report form must be completed by the end of March,June, September,and December each year. The online database can be found at: httn://www.wsdot.wa.�?ov/localprograms/. To access the database you will need an account name and password. Your account name is Bremerton and your password is Breme898. The password is case sensitive. � . ` Chal Martin Public Works Director City of Bremerton Crownhill Elementazy Sidewalks June 22,2015 To obligate funding for the project,please refer to the information above and your Local Agency Guidelines(LAG)manual for additional information. As a reminder, Local Programs encourages all agencies to submit monthly progress billings to ensure timely reimbursement of eligible federal expenditures. For assistance please contact Neil Campbell, your Region Local Programs Engineer, at 360-357-2666. Sincerely, �� . Kathleen B. Davis Director • � Local Programs KBD:st:sas cc: Neal Campbell,Olympic Region Local Programs Engineer Project Summary Program:Safe Routes to School Date:January 2015 Agency: City of Bremerton Project Title:Crownhill Elementary Sidewaiks Projed Description: The project includes sidewalk,curb,gutter,crosswalk markings,signs,and pedestrian activated crosswalk beacons. Detailed Project Description: 1. Install approximately 1000 LF of S foot wide sidewalk,curb,gutter,ADA curb ramps and storm drainage facilities on the east side of Marine Drive from Bertha Ave to Rocky Point Rd. 2. Install missing gap of sidewalk on the west side of Dora Ave between Marine Drive and the Crownhill Elementary campus. 3. Install crosswalk RRFB, pavement markings and signs at the intersection of Dora Ave and Marine Drive. Project Schedule: Project Definition 07/2015 Begin Design 07/2015 � NEPA/SEPA KicEc Off 07/2015 Environmental Documents Approved 10/2015 Right-of-Way Started N/A , Right of Wa Com lete(certification) N/A Geometric/30%Design Complete 10/2015 Estimated Contract Ad 02/2016 Estimated Contract Award Date 06/2016 Open to Public(operationally complete) 08/2016 Project Cost and Award Amount: Phase Total Projert Cost Amount Requested Amount Awarded Preliminary Engineering $90,000 $90,000 Right-of-Way � $0 $0 Construction $395,000 $395,000 Operations/Services� $60,000 $60,000 Total $545,000 $545,000 $545,000 � Page 1 of 1 � � ��" Local Agency Agreement Agency City of Bremerton CFDA No. 20.205 (Catalog of Federal Domestic Assistance) Address 345 6th Street Suite 600 Project No. Bremerton, WA 98337 Agreement No. For OSC WSDOT Use Onl The Local Agency having complied,or hereby agreeing to comply,with the ternis and conditions set forth in(I)Title 23,U.S.Code Highways,(2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) the policies and procedures promulgated by the Washmgton State Deparlment of Transportation, and(5)the federal aid pro�ect agreement entered into between the State and Federal Government, relative to the above project, the Washmgton State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herem on Ime r,column 3,without written authority by the State,subject to the approval of the Federal Highway Administration.All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Crownhill Elementary Sidewalks Length �a Termini See description Description of Work The project includes sidewalk,curb,gutter,crosswalk markings,signs,and pedestrian activated crosswalk beacons. Sidewalk and improvements will be installed Marine Drive from Bertha Avenue to Rocky Point Road and on Dora Avenue between Marine Drive and Crownhill Elementary. Crosswalk and RRFB at Dora Ave and Marine Drive. , Project Agreement End Date: �P�PmhP�2�i u Claiming Indirect Cost Rate Proposed Advertisement Date: ❑Yes �No Estimate of Funding Type of Work �� 2� ! �3� Estimated Total Estimated Agency Estimated � Project Funds Funds Federal Funds PE a•Agenc 90 000.00 0.00. 90,000.00 _ 100 % b_Other .... ... . . .. . ... --- � � - ; c.Other � Federal Aid d.State 0.00 0.00 0.00 Participation --- ----------------- - � Ratio for PE e.Total PE Cost Estimate a+b+c+d � 90 000.00 90 000.00 Right of Way f._Agency % �Other _ h. Other Federal Aid i.State Participation Ratio for Rw '.Total R/W Cost Estimate f+ +h+i Construction k. Contract I I.Other _.._ m.Other I _ n.Other � I .............. . . . _._ .. .. - - . _. � ...._... _......------ ---�- -- 100 % -----.... ---- ----- ---.._..-- o.A enc � Federal Aid State I Participation �' - Ratio for CN .Total CN Cost Estimate k+l+m+n+o+ I r.Total Pro'ect Cost Estimate e+'+ 90 000.00 �; 90 000.00 Agency Official Washington State Department of Transportation By By Title patt�f.Pnt,Ma�nr Director,Local Programs C��nf RrPmPrtnn Date Executed DOT Form 140-039 Page 1 Revised 04/2015 Construction Method of Financing (Check Method Selected) State Ad and Award ❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award) ❑ Method B-Withhold from gas tax the Agency's share of total construction cost(line 4,column 2)in the amount of $ at$ per month for months. Local Force or Local Ad and Award �Method C-Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below.Adopted by official action on , Resolution/Ordinance No. Provisions I. Scope of Work The Agency shall provide all the work,labor,materials,and services necessary to perform the pro�ect which is descnbed and set forth m detail m the"Project Descnption"and"Type of Work." When the State acts for and on behalf of the Agency,the State shall be deemed an agent of the Agency and shall perform the services described and indicated m"Type of Work"on the face of this agreement,in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency,the State shall have the right to perforni the work sub�ect to the ordmary procedures of the State and Federal High�vay Admimstration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project.The Agency agrees that the State shall have the full authority to carry out this admmistrat�on. The State shall review, process, and approve documents requued for federal aid re�mbursement m accordance with federal requ�rements. If the State advertises and awards the contract,the State will further act for the Agency in all matters concerning the project as requested by the Agency.If the Local Agency advertises and awards the project,the State shall review the work to ensure conformiry with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the T'ype of Work above. In addit�on,the State will furnish qualified personnel for the supervision and inspection of the work in progress.On Local Agency advertised and awarded projects,the supervision and inspection shall be limited to ensunng all work is in conformance with approved plans,specifications,and federal aid requirements.The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this pro�ect incurred by employees of the State in the customary manner on h�ghway payrolls and vouchers shall be charged as costs of the pro�ect. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accountmg procedures prescribed by the Washmgton State Audrtor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation.The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retamed and made available for such inspection for a penod of not less than three years from the final payment of any federal aid funds to the Agency.Copies of said records shall be furnished to the State and/or Federal Govemment upon request.� V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification.The classifications of work for projects are: l.Preliminary engineering. ?.Right of way acquisition. 3.Project construction. Once written authorization is given,the Agency agrees to show contmuous progress through monthly billmgs.Failure to show continuous progress may result the Agency's project becoming mact�ve,as descnbed m 23 CFR 630,and subject to de-obligation of federal aid funds and/or agreement closure. If nght of way acquisition,or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authonzed,the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the tertns of this agreement(see Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authonzed,the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of th�s agreement(see Sect�on IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete faciliry within the limits of th�s pro�ect will confortn to at least the minimum values set by approved statewide design standards applicable to this class of h�ghways,even though such add�t�onal work is financed without federal aid participation. DOT Form 140-039 Page 2 Revised 04/2015 The Agency agrees that on federal aid highway construction pro�ects, the current federal aid regulations wh�ch apply to liquidated damages relative to the basis of federal participation in the project cost shall be appl�cable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project,includmg all review and engmeering costs and other expenses of the State,is to be paid by the Agency and by the Federal Government. Federal fundmg shall be in accordance with the Federal Transportation Act;as amended,2 CFR Part 200.The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Govemment. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid pro�ect costs incurred m conformity with applicable federal and state laws. The agency shall mmimize the time elapsed between rece�pt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for mamtenance,general administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance wrth the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Pnnciples and Audit Requirements for Federal Awards, and retained for aud�t. The State w�ll pay for State mcurred costs on the pro�ect. Following payment,the State shall bill the Federal Govemment for reimbursement of those costs eligible for federal partic�pation to the extent that such costs are attnbutable and properly allocable to this project.The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government(see Section IX). 1. Project ConstrucHoo Costs Pro�ect construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A—The Agency will place with the State,within(20)days after the execution of the construction contract,an advance in the amount of the Agency's share of the total consh-uction cost based on the contract award.The State will notify the Agency of the exact amount to be deposited with the State.The State will pay all costs mcurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will subm�t a billing to the Federal Government for the federal aid participat�on share of the cost. When the pro�ect is substantially completed and final actual costs of the project can be deternuned,the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency.This billmg will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B— The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments.The face of this agreement establishes the months m which the withholding shall take place and the exact amount to be withheld each month.The extent of withholding will be confirmed by letter from the State at the t�me of contract award.Upon receipt of progress billings from the contractor,the State w�ll submit such billings to the Federal Government for payment of its participatmg portion of such billings. Method C—The Agency may submit vouchers to the State in the format prescnbed by the State,in dupluate,not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project.Expendrtures by the Local Agency for mamtenance,general adm�nistration, supervision,and other overhead shall not be el�gible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement.At the time of aud�t,the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the pro�ect.The State shall also b�ll the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be meligible for federal participation(see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determme elig�ble federal a�d costs on the project. The report of said aud�t shall be m the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office m accordance with generally accepted govemmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorizat�on, Selection, and Agreement Adm�mstrat�on; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 2U0.501 - Audit Requirements. If upon aud�t�t is found that overpayment or partic�pat�on of federal money in ineligible�tems of cost has occurred,the Agency shall reimburse the State for the amount of such overpayment or excess participation(see Section IX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulat�ons outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends 5750,000 or more in federal awards from all sources dunng a given fiscal year shall have a single or program-specific audrt performed for that year m accordance with the provisions of 2 CFR Part 200.�01. Upon conclusion of the audit,the Agency shall be responsible for ensunng that a copy of the report is transmitted promptly to the State. IX. Payment of Billing T'he Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project(e.g.,State force work,project cancellation,overpayment,cost meligible for federal participation,etc.)is not made to the State wrthin 45 days after the Agency has been billed,the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Veh�cle Fund. No additional Federal pro�ect funding will be approved unt�l full payment is rece�ved unless otherwise directed by the Director of Local Programs. Project Agreement End Date-Th�s date is based on your projects Period of Performance(2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement.All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement withm 90 days after the Pro�ect Agreement End Date or they become mel�gible for federal reimbursement. DOT Form 140-039 Revised 04/2015 Page 3 X. Traffic Control,Signing, Marking,and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,signals,or markings not in conformance with the standards approved by the Federal Highway Admmistration and MUTCD. The Agency will,at its own expense,maintain the improvement covered by th�s agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims,demands, or suits,whether at law or equity brought against the Agency, State,or Federal Govemment,arising from the Agency's execution, performance,or failure to perform any of the provisions of this agreement,or of any other agreement or contract connected with this agreement,or ansing by reason of the participation of the State or Federal Government in the project,PROVIDED,nothmg herem shall require the Agency to reimburse the State or the Federal Govemment for damages ansing out of bodily m�ury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Govemment except as expressly provided herein. The Agency shall not discnminate on the basis of race, color, national origin, or sex �n the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program,the Department may impose sanctions as provided for under Part 26 and may,in appropnate cases,refer the matter for enforcement under 18 U.3.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986(3 I U. S.C.3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be mcorporated mto any contract for construction work,or modification thereof,as defined m the rules and regulat�ons of the Secretary of Labor in 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, msurance, or guarantee or understandmg pursuant to any federal program mvolving such grant, contract, loan, insurance, or guarantee, the required contract prov�s�ons for Federal-Aid Contracts(FHWA 1273),located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportumty clause with respect to its own employment practices when it partic�pates in federally assisted construction work: Provided,that if the applicant so participatmg is a State or Local Government,the above equal opportun�ty clause is not applicable to any agency, instrumentality, or subdivision of such government wh�ch does not participate in work on or under the contract. The Agency also agrees: (I) To assist and cooperate actively w�th the State in obtaining the compliance of contractors and subcontractors with the equal opportun�ty clause and rules,regulations,and relevant orders of the Secretary of Labor. (2) To fumish the State such information as rt may require for the supervision of such compliance and that it will otherwise assist the State m the discharge of its primary respons�bility for secunng compliance. (3) To refra�n from entering mto any contract or contract modification sub�ect to Executive Order 11246 of September 24, 1965, wrth a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State,Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpart D of the Executive Order. In addition,the Agency agrees that if it fails or refuses to comply with these undertakings,the State may take any or all of the following act�ons: (a) Cancel,terminate,or suspend this agreement�n whole or�n part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until sat�sfactory assurance of future compliance has been received from the Agency;and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart I?7, as supplemented,relanve to the amount of Federal participation in the project cost,shall be appl�cable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages prov�s�on will not relieve the Agency from reduction of federal participat�on in accordance with this paragraph. DOT Form 140-039F Revised 04/2075 Pege 4 XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may termmate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropnation or otherwise. (2) The contractor is prevented from proceedmg with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or m the interest of national defense,or an Executive Order of the Pres�dent or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the worh by reason of a preliminary, special,or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary is notified by the Federal Highway Admimstration that the project is inactive. (5) The Secretary determines that such termination is in the best mterests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington,growmg out of this contract or the project with which it is concemed,shall be brought only in the Superior Court for Thurston Counry. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority cert�fies,to the best of his or her knowledge and belief,that: (I) No federal appropnated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to mfluence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attemptmg to influence an officer or employee of any federal agency,a member of Congress,an officer or employee of Congress,or an employee of a member of Congress in connection�vith this federal contract, grant, loan,or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Fortn to Report Lobbymg,"m accordance with its instructions. (3) The undersigned shall require that the language of this certification be �ncluded in the award documents for all subawards at all tiers (mcludmg subgrants,and contracts and subcontracts under grants,subgrants,loans,and cooperative agreements)which exceed$100,000,and that all such subrecipients shall certify and disclose accordmgly. This certification is a mater�al representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of th�s cert�fication as a prerequisite for making or entering into this transact�on imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the required certification shall be sub�ect to a civil penalty of not less than�10,000 and not more than�,100,000 for each such failure. XVII.Assurances Local agencies receivmg Federal funding from the USDOT or its operatmg admm�strations(i.e.,Federal Highway Admmistration,Federal Transit Administration,Federal Aviation Administration)are required to submit a wntten policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activ�ties, and services will be conducted in compliance �vith Section 504 and the Americans with Disabilities Act(ADA). Additional Provisions DOT Form 140-039 Revised 04/2015 Page 5 J(� l.` " . 1. 7Bth EET ` 3 Z ` _ > � �, ¢ f7TH STREET Q ' q � �. - p _ q C I TY O F ^". �� -- - . a BREMERTON - �, � �.; � VICINITY MAP �z� ' - � � - W j � , Q P � �� `�" � , 4 � ; �' Z m y � - 2m ?i,�� _ _ - - � Z� •� , O � �p �'P �� O. Z � m � o � - - � r � � -- ' , " ' Q 1 ` . - ' .� 0 . •� ti � _ . V \ w - . -� � - 1"=400' � °° , ' - _ .- :� .; . � . � KITSAP WAY LEGENDSUNDONNOR�VE � - _ � �1 - . PROJECT LIMITS ��' ' - � -�,_ , „ jSCHOOL ��-�„ .. - - _. _ - :_: � Z` �" � �^ ^r• �T� .�y�_ (~ •_ _S� �.Y�� v dTrY _' d�te ` �,`� • .� ��i:ut�aMr i,e Dii_v�e� 3�A -•i�s.�'' �.�:• � ..w� _�� a ic� '-��' �� :�'stJ -• �q },.�..+u--�' � i � ' ' ` �� ... i��-4a�F�"� �� ..�.' . � , �� 1' � �r��. : �=1 F � � �� r¢/�./ �,'� ��'� -Ey�,�� OA'��. 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'4.�. r . ,1 ��, ! � '� � 'tt` '� � �y �.. � � � � � � � � � ; .: � � � � � � ; s �: ; � a � � � � � � � • • ' � � CITY Of BREMERTON Back rouncl � m+a saro Ro�q,�o scnoo� � Q� kallon Forrn • • P�TItl��Yseer� CIryJC��r�eM�pT►��s�otlon � Bremerton School District Pro1��°n �,��p �,.r�.an..e�,+o,.wn weo i ��o1�s)Manre anA AQQrosa Acm io.ZOi� Cmwnrt(1� .. YPoolSehool C � T ( �eek eeh � Coo rd i n a t i on: � �p,a�,:�, °p��+taypyJ ' ��'�r�m I O�n�s� O�+a�aenocv •Projects prioritized with the ��.��M.,�,�, �_h� ,� ��.�►��„�m�m. M„��,�.��: _ - ��*�+a: ia enn&� �.c^°eqqM: � SNMQue. 1��F School District ��"=��b��° _=°�� = 7 ' ]5 ��+tM DIlbkl R °n 8aa'�1M hlly a/�eeb wl�ry p�o��K I ' ��Broaslonal Ohlr4t e �+uon ��AV�nry°^OProfopA4npBvr e I •Transportation Surveys �°��c �� E�.��'°�T��K«„ ' �,. mno�.,a,., "a",,,�„�, .��sq� � e°"'my^.wa as�io r"�R� ' ss`s oao ; ane�,,. a,o..».1�re "tra.e*+ia j completed by Teachers, Fec �OOw7�,077d _ f0 ; e.+u: o�o�ne.p�. � °I�MNeme*bn..s °to1R91oaeaa 4S�s0o7 I �J�ef O°m^r�Y IRwoe e trrefe � �P��b�3nan0 `m^'�'tl/'opqp� . ��a�eo��R��emm�ro n,otnrioce:e�banineey . �mmee D�ctalSCa�al ^�'�u.ee��°"'°''bro"u+Vn�a.na�?�''o"�*^ytma,cm Oor*+r'°°°�;^e =�'��horn1�17 �+0 �¢f0opw �G�00'bQe DWAwM+otolN�jOareA�bon:raeeta`Ceo7 °wae�Mp¢y�p�tures.A Ocra Axr,tn T�b b 10 y..'dd t1ro rrt6 Application u mitte pri , �"°�°�°m°�,�,a ��`��'�b�°°M�. � T��P�EIewCOatr¢h��eObGC�yp��oYa�omp y��OleLydM�r. Orlai�y.�ph�Yfe,�j0�jp�6mnerin&I�alpt}� alo�t[��Ne W,nb�nT ma,� 2 0 � 4 ��,��.,�«,��o rro„ R+lcrotb,d wvpee��'O�roh10�IeGTw�y�OPTqq�s`��d':mme+n�n:rtn6arox �'��b.� .4+hvexn��oo ��w� �"`M0^+aomOao-�nnra Q7ieqlL0lTJdln^nbulat�ywVi1CCRJ1'd1�y�y� s0 , PROJECTSCNEDULEANDC �q0D2Ytetlremte.arl��QC^�^Oto+t*oei,ana p,�i�e� OSTSUII qySEC�N ��"tl�osumete. EeAodol� mta oeny,p„�ema�aa ehnea� rnrrr uaoo,n Awa rd Notification J une, 20 � 5 4 OQOQQ.�.0 N, ��I1V , Desi gn F.ea�ur-es _ , __ � --� ,, _ _ ---�-�. -_—. :i :_.�– � - I �' �-1�. Design Features: � , .�-;. � � r=- � ; I � s • , -- . � ._i �- I I 6-ft sidewalk on east side of }� �� - _ - , , ,_, _ -,- ' Ma rine Dr. from Bertha Ave - � � �� -- � i � _ ' � I�: �' � � �--- i ,..-Q ' • r� � �-� � f � y j 1 �.� to Rocky Point Road T i� ; _ =� _ .._-� � •6-ft sidewalk on west side of ; - `� � � � � � - - : � � �,� ► -� _ 1 Dor Avenue - ' - � y . � 4 a � � RRFB ;�, ��; . - •New ADA Ram s � �:��`��, a � � - - p -�- _ � � . . ,---- . • • _ , ` ,,�,;;., :� _ , - _ : Reta �ning walls at two or , ��. ��.�� _ � . r � : „ .�.. .� - � - i three locations - ` � - - - `' ' � � �, � ; . .., _. _ _ ,_ . ;_.� •,. . -;, . _ �-�. ' ` , •RRFB at Dora Avenue � � �''- ` �� Y ! :�.� , , . --, _ s�,�,�.� �� - .,. -.�1=' i / `�'� . • ' � '_ -- - ( �.� � , j . �-'-� •;.ty � � . ' ----- -- � - -..�.' ._.:.. .�.... �... _:. :_-- � L: oo4a o0 o•- o �chedvle and Cost �.�-_-� , -{ -;,_ _ �.-. . _ ,�___� �,, _ ._ 1 � Scheclule: � �- . .� �-- -� � r , I �� :, � -�, � - � . � , , - - - - � � Selected ICPG for Des�gn, � �� ef. � � - , - � -� � , � , . ; contract to Council in coming �; � _ � 4 `� �� - T �-_ ; � � �`_ � ,` _ .—r`- -, : � � ,, " �� weeks, � +� $ __ � : �� , . 4 -_ •Bid February, 2416 � � - _ - - - - -- � , , � ,. , . - �� - -- �� - � - •Construction J une — � - - - _ T � _._ ' ' - - � ,, a - September 2016 _. �` � , - � -, i -.� �� J: _ � � , ` ., ,; c= C4Sfi: � `�`� , - _ -�� . ' _ ;�,. - ♦�f• � I ' ,r C�� -^ 1. •Desi n $4� �00 � � �� ^� � - �� _ - V�° ' g �� ' -E I ' , ' '1--.- ,--,;�- _ , .,.. . _ ,= •Construction 455 000 - '= �� _ � � � -�I �Y ! $ , ` - . _ - � �� 'f�xP°SK. . .� � - -f., "j j (�Q . . . _ _ "' _ •, 1 :+- • 7 f.L7 � j------ - _ � � __ .._.-� � :.� . - ---- --� _ _-.! r' cova o0 o• • o Fund in g �� 4n�°�� I ` The Loca I Agency Ag reements �R�A9S337 ��o� ge��yAg�eeme�t �.S. � I �� ,�. Na *�.� n�...�,i`�°'„4a,"#�e�, '�'�,rit � fo r m a I I y a cce pt th e G ra nt i n a��{�°`�"�n�=��m��'•"m� � or�.� °*�. � ..:a .��mr..q,�ab+.,�r.e.��m`a„m:,w�r�,�msm'ar..�6n 'u. �„� uer��;"'^ne.�,'�.m,y�y,�n,x,,,��m»A�'�:a�4� ; two phases: �� _ �" �"� b� �,��`��`"' '�„� ��a� "Ad�`��„ '"'�`�.�,,,��'� _ �+.�. "�,�'�ry�� °rq'o� '�n,°r�N� •$90,000 for Design ��`�� `� °� � '�°'�,� �r. ��,`�°��, _ "°4+*xen,q�. .,,. n+$!t��a��'�+] �$455,000 for Construction T��w� �`�°��°°� � � �.S (1) �W Y. �� c� ��' ��4 � upon WSDOT approval of the �' °� �°�°° `�� ; .. �,� �m.%,.�, r ,� ,E�h ,0° w�o o� a �r,� ��• f4 ro o.00 Design °°�, �� a t � � � �� x ��. .� � � *�«� "�ra�„°'°�`*�,�«;�„ , This Grant funds the project at � � �� . �a,�„ 1 �Q% with no City match. °�=�� °�� , � aooa � o. . o • QveSt►ortS . ; _ _._ . _ _ __ ____ ____ __ _,___________ , , - � � � � � ; ; , .- � - i T r I i(kr � ly � I � ��+�_. ;, ,� I �; ��,. � �, � :, aoQa o0 o� o� � From: Christine Grenier on behalf of City Council Sent: Tuesday, October 20, 2015 1125 AM To: 'Jim McDonald' Subject: Citizen Letter- Crownhill School Area Sidewalk Grant Acceptance (Jim McDonald) 1im, Thank you for your comments regarding the "Safe Routes to School" Grant for Crownhill Elementary Sidewalks. Your letter has been shared with the Council Members for their consideration. A copy of your letter will also be included in the record for the October 21 Council Meeting. Christine Grenier Council/Auditor Assistant City of Bremerton (360)473-5280 � From: Jim McDonald [mailto:jimmc90@gmail.com] Sent: Monday, October 19, 2015 9:02 PM To: City Council Cc: Chal Martin Subject: Crownhill Schoot area sidewalk grant acceptance Dear Council Members, I am out of town or would personally attend your upcoming meeting to voice my support for the sidewalk grant funding project around Crownhill Elementary School. This is a project I totally support. Sidewalks are an important part of a live-able city. Many of Bremerton's neighborhoods are lacking sidewalks. When establishing priorities for installation, there are few better than around our local schools. I encourage you to accept this grant for this wonderful project. As a side note, several years ago, the Bremerton School District provided the Council office with a list of sidewalk projects that they felt were needed. I encourage the Council to continue to set aside funds for design and construction of these sidewalks during your upcoming budget sessions. At the very least, fund several designs in these areas so the projects are ready and eligible for future grant funding. Thanks for your service! R, Jim McDonald 1