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Home My WebLink About5521 ��tYt�i-��,.� ��l � AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approve Memorandum of Study Session Date: August 26, 2015 Agreemer�for the Burweil Pedestrian COUNCIL MEETING Date: September 2, 2015 Tunnel Improvements Project Department: PW 8 U Presenter: Knuckey Phone: 473-2376 SUMMARY: The Burwe(I Tunnet provides pedestrian acxess under Burwell Street beiween the Navy's controAed industriai area and the Navy owned property at the intersedion of Park Avenue and Burwell Street. The project will im�ove safety and security,while simultaneously improving the overall aesthetic look and feel of the secure access visible from City streets and businesses. The attached Memorandum of Agreemerit outlines the rotes and responsibilitfes of the City and the Navy in completing wo�1c on this project. ATTACHAAENTS: 1)Council Summary;2)Memorandum of Agreement FISCAL IMPACTS(Include Budgeted Amount): The Commerce grarrt provides reimbursement of all projed costs with no match required. Project costs wiN be expended from the Engineering General Fund budget. STUDY SESSION AGEND�I � No Presentation O Full Presentation STUDY SESSION ACTION: � Consent P�qenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Memorandum of agreemerrt with the US Navy for the Burwell P�esfian Tunnel ImprovemeMs Project and authorize the Mayor to finalize and execute ifie agreement with substantialy the same terms and conditions as presented. COUNClL ACT10N: [�Approve ❑ Deny ❑Table ❑Continue ❑ No Adion Form Updated 01/07l15 DEPARTMENT OF THE NAVY Commander, Navy Region Northwest 1100 Hunley Road, Silverdale, WA 98315-1100 Naval Facilities Engineering Command Northwest 1101 Hunley Road, Silverdale, WA 98315 City Of Bremerton 345 6th Street Suite 600, Bremerton, WA 98337 COMNAVREG 1VW NAVFAC NW NAVBASE Kitsap 7050 7050 7050 Ser N80/0842 Ser N4/ Ser N00/ 02 Nov 15 MEMORANDUM OF AGREEMENT BETWEEN COMMANDER, NAVY REGION NORTHWEST AND COMMANDING OFFICER, NAVAL FACILITIES � ENGINEERING COMMAND NORTHWEST ON BEHALF OF COMMANDING OFFICER, NAVAL BASE KITSAP PUBLIC WORKS AND THE CITY OF BREMERTON Sub ' : BURWELL PEDESTRIAN TUNNEL IMPROVEMENTS PROJECT 7 Ref : (a) CNICINST 4000 . 1B (b) COMNAVREGNWINST 4000 . 1B (C) SECNAVINST 4001 . 2J (d) OPNAVINST 4001 . 1F (e) NAVSO P-1000 l . Purpose . To establish a Memorandum of Agreement (MOA) between Commander, Navy Region Northwest (COMNAVREG NW) on behalf of Commanding Officer, Naval Base Kitsap (NAVBASE Kitsap) Bangor Public Works Office (PWO) , Commanding Officer, Naval Facilities Engineering Command Northwest (NAVFAC NW) , and the City of Bremerton for the coordinated efforts of the Burwell Pedestrian Tunnel Improvements �Project . 2 . Background: a. The City of Bremerton (City) has secured grant funding through the Washington State Department of Commerce Direct Grant Program for Capital Improvements (Grant) for repair of the Burwell Tunnel . N68742-20151103-0105 Subj : BURWELL PEDESTRIAN TUNNEL IMPROVEMENTS PROJECT b. The Burwell Tunnel is a secure pedestrian conduit that is accessed at street level on Burwell Street which proceeds under the street and into the Puget Sound Naval Shipyard and Intermediate Maintenance Facility' s (PSNS&IMF) Controlled Industrial Area (CIA) . This conduit provides an alternative and safe access to the foot traffic entering the CIA. This project will complement the City' s ongoing efforts to revitalize the downtown area of the City of Bremerton as it will add to and improve the aesthetics of the tunnel access point . c. In order for the City to receive the Grant from the State of Washington (State) , the State has requested that a MOA between the parties be established. d. By letter dated 20 August 2015, the City offered the Navy a gift of an Engineering Support Package as well as certain materials and equipment for use in the repair of the tunnel having a total value of approximately $700, 000 . 3 . Period of Performance . This MOA shall be in effect for two (2) years from date of last signature unless modified or ` terminated, but no longer than 30 November 2017 . 4 . Roles and Responsibilities : . a. The City shall: (1) Purchase the necessary equipment and materials in support of the Burwell Tunnel repairs and provide associated Engineering Support Package. (2) Work with the Navy for delivery of the equipment, materials and the Engineering Support Package . b. NAVFAC NW/NAVBASE Kitsap PWO shall : (1) Request Fiscal Year 2016 (FY16) appropriated funds from Commander, Navy Installations Command in support of this repair project. This request should be prioritized along with a11 other proposed projects for FY16 . (2) Upon acceptance of the gift and contingent upon approval of FY16 funds, work closely with the City to accept delivery of the equipment, materials and the Engineering Support . � I 2 N68742-20151103-0105 Subj : BURWELL PEDESTRIAN TUNNEL IMPROVEMENTS PROJECT (3) Implement a contract for work using FY16 funds that will cover any additional support/supplies required for the completion of the Burwell Tunnel Project in coordination with the gift package from the City. (4) To the extent required, store and protect the equipment and materials provided by the City against harm or destruction. c. COMNAVREG NW shall : Create and submit the proper documentation package to the office of The Secretary of the Navy for approval of gift acceptance as required by reference (c) and (d) 5 . Points of Contact: a. City of Bremerton City Engineer , Mr. Thomas Knuckey Phone: (360) 473-5270 Email : Thomas .knuckey@ci .bremerton.wa.us . b. NBK PWO Assistant Public Works Officer LCDR Brent Uyehara, USN Phone: (360) 476-4498 Email : brent. j .uyehara@navy.mil c . COMNAVREG NW Support Agreement Manager Ms . Mussetta Enos Phone Number: (360-396-1935 Email : Mussetta.enos@navy.mil 6 . Other Provisions : a. The purchase of the equipment and materials, and the Engineering Support Package provided by the City, and all other associated actions by the City, will be accomplished in accordance with the laws, regulations and rules applicable to the City. b. The repair of the tunnel by the Navy, and all other associated actions by the Navy, will be accomplished in accordance with laws, regulations and rules applicable to the Navy and Navy Public Works to include references (a) through (e) . c . It is mutually agreed that: 3 N68742-20151103-0105 Subj : BURWELL PEDESTRIAN TUNNEL IMPROVEMENTS PROJECT (1) Nothing in this MOA shall be interpreted to constitute or require an obligation of resources or payment of funds in violation existing laws or regulations and in particular, of the Anti-Deficiency Act, 31 U.S . C. §1341, and all accompanying implementing regulations . (2) Nothing in this agreement creates, limits, or modifies existing legislative jurisdiction vested in the State or the United States Government. (3) Nothing in this agreement creates or extends any right, privilege, or benefit to any person or entity. d. The United States government is responsible to third parties under the Federal Tort Claims Act (FTCA) for personal . injury or property damage caused by the negligence or wrongful act of its officers, employees or agents acting within the scope of their office or employment. The United States is self- insured as to such claims . Although no injury or damage is reasonably foreseen, in the unlikely event a problem does occur, contacting the Tort Claims Unit in Norfolk, Virginia at (757) 341-4583 or by email at TORTCLAIMSUNITQNAVY.MIL will provide information to any third party on the procedures for submitting a claim against the United States . 7 . Disputes. Any disputes relating to this MOA will, subject to any applicable law, Executive Order, directive, or _ instruction, be resolved by consultation between the Parties and in accordance with reference (a) . 8 . Modification or Termination. Requests for modification or termination by any party shall be provided in writing at least 120 days prior to the proposed effective date. 9 . Availability of Funds and Resources . Any commitments made within this MOA are effective only if, and to the extent that, Congress has appropriated funds sufficient to fulfill them. If any actions contemplated in this MOA (which may include the provision of services, personnel, property, resources, or money) are not funded, or if Congress has prohibited the funding or � performance of such actions, this MOA will be considered suspended with respect to those actions until funds are available and the prohibition, if any, is lifted. 4 N68742-20151103-0105 Subj : BURWELL PEDESTRIAN TUNNEL IMPROVEMENTS PROJECT 10 . Signatures : � '�Z ��S a 0 (j PAT L NT Date RO ER LUBOVIC Date May r City Attorney City f Bremerton City of Bremerton �o„��1 ��ral�s' �dZ� ,< CAPT MARK E ONIME, USN Date . A. ZWOLFE , CAPT, USN Date Commandin ficer Commanding 0 icer Naval Facilities Engineering Naval se itsap Command Northwest l b 3p �'S bOd ZI�°r RO N Y . GRAY Date A. P. VERHOF TADT, P. E. Date Comptro er Executive Director Commander, Navy Region Commander, Navy Region Northwest Northwest 5