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Home My WebLink About04/06/2016 AGENDA i_�---—�� I: � 1� , � :• �• CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 C� Phone (360)473-5280 ***AMENDED*** APRIL 6, 2016 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 to 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. 15-Minute Executive Session to discuss Potential Litigation per RCW 42.30.110(1)(i) (No action is anticipated...) C. General Council Business (As necessary...) 2. CALL TO ORDER: 5:30 P.M. in the FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. COMPREHENSIVE PLAN UPDATE—Allison Satter, City Planner A. Environment (Element 7) 5. PUBLIC RECOGNITION 6. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — March 16, 2016 C. Minutes of Study Session — March 23, 2016 D. Project Agreement with the Salmon Recovery Funding Board (SRFB)for the Evergreen Park Nearshore Restoration Design E. Establish the Lebo Boulevard Road Improvement Fund; and Transportation Improvement Board Consultant Agreement with SCJ Alliance for the Lebo Boulevard Road Improvement Project F. Professional Services Agreement with JB Reward Systems to perform a Compensation & Classification Study G. Confirm Appointment of Jeffrey Elevado to the position of Director of Parks & Recreation 7. GENERAL BUSINESS — There are no General Business items tonight... 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING _ r Americans with Disabilities Act(ADA) accommodations provided upon request. Those requiring special �Y.,.accommodations please contact the City Clerk at(360) 473-5323 at least 24.hours prior to the Meeting. � BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD , ., � �.��t\ `�, �. C. REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU ■ ■ ' era � on e � or o0 . . . . Leadership and Investment Fostering Transformation Shift away from "complaint based only" to a "proactive" approach utilizing our Citizens Auxiliary Patrol volunteers. • Cars parked i n lawns • Visible trash � Weeds (Overgrown Vegetation) Contact: Janet Lunceford Ph: 360-473-5213 Email: Janet.Lunceford@ci.bremerton .wa.us . 6 C �t o remerton Water Customers v � Learn about your drinking water! � View your annual ,,, Drinking Water Quality Report at: ... BremertonWA.qov/drinkinqwaterreport I ' To request a paper copy, : � � • please call (360) 473-5920 Take Mayor lent's Water Pledge ! Bremerton Mayor Patty lent is joining mayors across the country in asking residents to make a commitment to reduce water and energy use across rhe nation. Residents in cities with the most pledges qualify to win prizes! � wa te r - - . .-- - -- -_ _ _ � -..._. . .._. --- ----- --._.,. i - ---- , -_ i :�: i � �• �•� � pr�zes Take part in a free, online pledge to conserve water, sove � money, reduce pollution — and have a chance to win hundreds of prizes. April 1-30 mywaterpledge.com . . . � _ �li� �I . � . � �� ---� r � . � ; ��J �---�J _./�J We're celebrating National Walking Day Downtown Seattle Expo 8� Walk April 6, 2016 ,,,,�,,,,,,��,,�. Union Bank- Sth and University 1200 5th Ave #100, Seattle � UnionBank• 11:OOam - 1:OOpm �� Eastside Walk � , � � �` April 6, 2016 ' 1 � i EvergreenHealth - Kirkland � ;"� - 12040 NE 128th St, Kirkland � � � ;;� Meet in the Galleria ✓! ��_�� Walks at l0am, 12pm & 2pm w.Maarl.N�r Ub.�ai e'�/n Virginia Masorc EVefgfee�nHe3lth . . . � . .• , Northwest Tuesda A ril 12 2016 y, p , Norm Dicks Government Center 1 St Floor Chambers meeting room 9:30am to 3:30pm (closed for lunch 11 :30am to 12:30pm) Visit www.bloodworksnw.orq to schedule your appointment. = EST. 1942 -- �_ = Let's Go Science Show ..4 - .�� , . Tuesday, Apri I 12, 2016 � �. � � � ' �'� Show: 10AM & 12:30PM I._ �h � ^ t , �"� R;i„�� `• �f'��,� �. . �� /.� _ f 'r � � � ,� r \�, � �f �, " t �� }� � � 515 Pacific Avenue � ,�. , ,, , '�� , ::Jr � � � , -��! �a. �� ; .j:� Bremerton, WA 98337 � � ,�.��. - � , ,�i� :� ,. �.,'�1, .^ , , �`b•: . .�,.;.��f� I �,. 1 ,� ��`�` �•1 - ~•• , 360-373-6743 ,� � .. � �-,.,� .� r \ � � � _ �� :�, ,,. �T � ;� � �t �p www.admiraltheatre.org . ;t 't �; ;�/•.: : , ' �'; `�=� � �(�; ., ��• '��-_ I �! �y n 1/ „- Y'�-_ v� 1� ', , . � � - _ - - - - � � � � � � a _ � .�_.�, � �:� � ° ° 0 � � � � .�, �. � o O o o D . � � 4 i � � p � � � � Wednesday, April 13th, 2016 ,� � , , , � � Tree Plantin � ITree Ci� USA Present�ation �= � g Y �- � ' -'..ih' � 1 "". L_w._� .rn , .�.,,'�.�wi � ,�� !� � �' �� ,, ��` , 3 � - � � � � �• � � " r , j � � ,t. � ...�. � - �.., .� �, M.+.�. y + '�� ,1'j �i1M�iM � ��.� � F .'� .�r-i�' ..� ��.� fa.• � r .C� , :, ` �.-an ./ P,/': i, .,.� � _ ' � -'d,Y' 1 d ,. � � .. .I � �.�..�. ,:. _,� ,, , ` _\� 14�1 ;�p��A� ,M � '` � ,,f:a��r •��at ,,�� ,� i. . � .:.�.� �'^�� \�,��,�;,�'- ,i,''',;,� f "�i ��.�,., _� � � � _ � �7 t� ��.�1' � � _ t � � •' � � . ^�f.J'��C �� 'i\.��i �, ��1 f�_.� ,,�� ` `•Jj � YI�r! � rii fi�+ �,ta� L _ T� � �. .�F_�:`' N ;� Yw� � ��•1c':'»� - . . .. ',t- �:.. �� - . _ � •� ..'�'�'..� v �� . . . . . .. , . � � Evergreen Rotary Park .-� :�, �� off Pacific Ave and 13th St, parking lot � �� For more information ■■�/ i�=� .y^� ��` � ,_ �M4r� � �= Bremerton Parks & Rec � '� ,,;,..-J � �+� . (360) 473-5305 BR`.MERTo _ � �• '�: - - -- - — - -—,...,...�. ,. l, R _ _—___._ _ . . Z' � .�� ;;� -�� BREMERTON'S BROAD HUMOR FESTIVAL ��_ . � �, , r ' �l11/ cn " . : _ , � ,�_ .� - . ,r=��. rcI �3— r 7 a d - �- r p � . �, �, �� __� � � �� KEYNOTE SPEAKER: ��TE�RtiTA�I.NER & GUEST MC: � � —� � � / 0� � � , � -�_. , \ � r �a /� ;� l Il � Susan diRende �a �e�� Horn \O� � 1 �IL� l�� `/ , r� irtu d)�� `1'�B R E M E RTO N /�/ Founder of LAs Broad Humor ��.� =�� /�/ Film Festival � _ � I f!� � �°� • • • • • • • • • • • • � • • s • s • s • • • e e • • • s • • • • • • • • • • � : � � � � � � � �� : . . ti� ..�,-, � • ' • ' ' �' �ecurttotar� • • g i� BREMERTON � • ossoa.�iora i � � � �� ` • � • • - . . . � � A ril 1 P I p 5, ou sbo � ' 7:30 PM � Poulsbo Gateway � � . Fel%wship � � � � ��:-1 � �_ April 16, Bremerton �, : , 7:30 PM � Sylvan Way Baptist Church � : � 1__1 ' ; � � 360-373-1722 � ` � � www.bremertonsymphony.org i � I �'� .- � ,_ , -------- - _ ---- -- � �� o �— Clean-up Sites: �� i0...,....s0 � Meetin Sites: � a .0 9 e Port Orchard Shorel�ne, SR166 _�..��. � �' •Port Orchard ,�P�..sabr South Kitsap High School � � e�� e�� Annapolis Ferry Dock Kiosk,near shoreline SR 166 e Port Orchard,WA 98366 � Bremerton Waterfront e Downtown Bremerton .��.mdby WSU Extension Service 150 Washington • Harborside Boardwalk/ • Navy Yard Hwy. (SR 3 8e SR 304) '�� J. ��, Hampton Inn Parking Garage Turn-Around Area e Evergreen, L'eons', 8� Bachman Parks � ��u �� l (shorf walk from WA State Ferry Terminal) �� o �� Posters provided by Blue Sky Printing of Poulsbo. ��°°� This event is coordinated br community volunteers and Refuse collection and disposal provided by Bnem-Air Disposal,Inc. � � Kitsap Trees 8�Shoreline Association(KiTSA).Project support Waste Management(WM).Materials and refreshments • � provided by PADI Project A.W.A.R.E.,Kitsap County's Surface provided by local merchants.Free parking for and Sform Water Management and Public Works Programs volunteers provided at all sites. and WA State Dept.of Tronsportation(WSDOT�. �+u coaE` � _�', �°1 � ._ �� i" 9p�P' \l � o� �� "' 'i :�;; "C �Ac�� r• ,`�� oarrr.rre a'. �otoN� �" --- WnsHi�crov Sra�re U�tver�snv .�. m��; � � .�E�s,oN �•�C[ean wa[er Kitsap �.�` �,� Kitsap County �y -� �Op"'"" Public Works S=G' � • , 1 , 1 1 �, ,i � e � � �� GORDON FIELD, KITSA��P� � �� . �� s � � verS� S �4 � MA5 O�l SA�URDAY 23 APRIL, 2016 KITSAP PUMAS 7:OOPM KfCK-OFF SEATTLE SOUNDERS 2 ! . � - � l � ♦ PUGET SOUND TRENDS Puget Sound Regionat Council Ferry ridership is on the rise Monthly Ferry Ridership, 2015 Ferry Ridership by Operator, 2010-2015 2.8m 2•�`" 22,357,044 2.4m 21,703,333 � 2.1m 2.2m 21,142,773 20,903,461 20,854,562 21'��9 � _ 1.9m 2.Om 2.Om 1.9m � � � 1.8m = = = = - 1.7m t.6m - ' � Pierce County Ferry Operations Kitsap Transit King Counry Ferry District Washington State Ferries 2010 2011 2012 2013 2014 2015 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec � i . . , . - �, � � �� '� • �� _ LJ �� .• \\ �j.- ' � •� � -F �...� CQy'• �' •._�. � 'Q� - �� . \ 8 �� r • � � ! � �4� 1� .. . r. �. - 'M -_r t'�9 '�:. �� = s� E..,;� � _ � � ' - r_'� � - ` �',-� • i_4 s. �� - _ ''.:, ) ��L`7 ' �� --- �-._.__ _ _;'�.r_". ,, ' �: - - �'i�// �� '_.� I � � �� __ . ._.. ' - , E ; ��'� � ;:_;:; Kitsap History Museum Offers Free Admission for Youth (age 5 to 17) �osf a a � a �ese Sf�c�en p _.��- , ,- � r j.�� n.,�� \ , ,�, � '; ��h,� , , ;� �. , . �. � - -.�. . _ � . �� -�� . � _ _ . ^L_ \_ ` __ —�� J—� l.l' . (p f� t' .J� �J 'r <�+J� (�;� �� . � ��. � _. ---�•--�_ i ' .:�,�' �..� aJ� A � � � ��,� � �- , o, ,�� , � ��J . . `��=�!�� -r ��: �� I:� "" �� _. � �; l=' � I� ��. c�!��`'.. ��a; - , ' �V ' �`� �� ' �q�� ,r� - w �, „c+�� `� �� .� ±� �. ' - � >�< - �--[� - �nr � � ' � . • Four Week Summer Program . - - - - , • • � , • Mid-july through Mid-August � � � � � . . - . � � - • . Kitsap County families! Experience an appreciation - for a new culture and gain lifelong friendships without leaving home! We are in need of families to host teenage Japanese students from Kure, Japan—Brernerton's Sister City. The students will be here to learn English and immerse themselves in American life. � �, , �� ,, .... - :,_:. ti�, �� '' � � - '� �� .�-� ,:- `� '. � ,. �..� � ..:.� �, ;.'1-�'ti' ` �' s . �' � �� v`� � �1 _f`Z � � f �. f�"t-. ��{y •`�v ny, ,1�+�a—,��, � �r�,�rs.rl, .•�. �.� --- --— ..^,"` , �"�;�'�+ -l.�,..'•_./_"�.,Ci.l� ,L--- '�,F ^+-';.-^��' Q _.�1�.:-e�,, x--�:.i �-':-�^�; -L � f�.�.� � 'J �-t�..�j��'` �� ..-i- . r, _ L>z-. _�.E�'�• _ �� _� � � � �'� S'' ' �"h' ��)��f��3��r�{� - _ - � ��i_ '� •~!�� :�.. �y.� �:4fY��f!f �L. �,=:/` i - M 1( ' �w� ��.r��S-�s� ��[��.y,. y� � L I \� . `. ��r— l -_ - _ - -- � i Environmental COMPREHENSIVE PLAN UPDATE E1 = ment e BREM ERTON2035 City Council Presentation April 6, 2016 Presenters: Allison Satter & Tess Brandon , The Watershed Company TONIGHT ' S TOPIC ' S FOR ENVIRONMENT . - ., �; , ; -_ -_ - , . . . ,; �-_ _ � _ . : _ , , , . . - - . . , , ,, _. _ ■ . . . : ' . - ■ : - � ■ • - • . � r•;�� T;iitl�f�.�l�4 .(t- � 'r ,'6 '`°' �. . . .�.. �. ' �'r �•� ��JS�A+iF'� nr�:/'r / . �r7,. ■ . -_ - �"'{�, - � � i lf, �� , . yf* �I - I�.: i��/' �� .I�; �; '� _ � `r� '�� ~ '��_ ,':CQ ��. .`s` y" � ti '� �� ,. ��' '' �� -y::�r,l� t_ "►� !� • i�ara. _ '' • '}�1 � �• ' �+'�� p� jj,'�;� ,� ■ , � . ,i .�(, '�� '-• � . _ _ ' f � py�.i� �'_s._.,". �r �,• 1 a. ,�i _ ..i/ �. �y � 1_rJ;/ ��_ � J�� '� ��/,r 1 � . �c �.� 1'' ..'ti.�.�: -� �""J l � �, R j,'�!� - ��(. /� 1��rr..I��'`�:` ��I � f•.�j/�si rl !�� r .. �,�j'''_ �% e ry ita �'. 1 T`= i �+�. � � ' '� '>�1 `•s''�!�S ��.j�� , �� ;8 -v�,►�^' ,�1 ��J � � ' "G� �~"� v 1 � �� , �...��(�*! �r �A�C'�_".� �� _�� t '�!�-� �� -�`�'r �`�i1��' � ��i �It� �•'� � '- � �.(• .f. ,4. 1. ./'� '.J= � 'iM� �... � l ��, �' ==�A!'� ' rJ�, � � ir�' .1�,t��~ .i. �r;'.�w' - ti� -�-- �a y�`_-- � �..t � 1! ��' �� .�p '- - �, �� < <. ;+ _* .�;: �' �� r'� _.. �.T � '.�� '8-� - �,�� "�.. r'_,� � 11�r , _ . - � _ �\ , � ��- � x .. ,, � � -- - A ,.�. �'i ;� ,�-� ..� _�;�: �' '�� £�it:;' � •�" � , ;"-' � '• �!� � `;. .., J...t -�'',-.'!.� +� �;-- � 'a '�t..,=: �.r �i�' �9'�4?�:�SL� � - ENVI RON M ENTAL ELEM ENT ' S VISION ' • - : - - • . . - , , _ , __ _ . _ _ _ ,. , _ .� _� � _ , _ _ . _� . _ ._ � _� : . • , - • • • •, . _ _ _ _ _ - _ _ -� -- __ , �• __ . _ __ ,� � ;,: � _ _ � _ , _ _ _ _ _ , _ . _ _ _ � _ _ _ ,_ _ q�3+,iL� � , E '� �, �1aaS �`�� ' F �f�.'�•;i t t`iC��t+.�� , t wt � '� �., Li.�. ° r� � �r �- � ; t �, � ,ti} t Y• . t1�,r�K � � .f . � .Y.; 1 c , � k � �` , �.� ��,�+' 1 .�,.y '�'}4'�` ; t( yi` 1 ,t ar.;„ � � 1 �1T� .. �� ' 5�.,. ,}�' �4 t,' 1 ,r'.,:{ �� , �� ' '.� 1 '`1 t� ,i .�.4,x � i,-y n�11K�� ., i� i ' � �? . 13 �� " Y`t.`F'1j-� �'i�'�\:�''.4 „`�i} '. 1 . .-, .. t�,. �..� � .. �. �� -^i ��. Z-' :i:i t i'�', '� -' �4� '��1; � �''{�� 4 , -- l�� '}��.,-�.�� .� + ��'-"�+ � -i � :� '' i ,, t.:.h t.. � � ,. � .iv' '�': ,' ,�� , �, . t �- is,. � 1 i, . � .- �: � + ��,, f.• ti 1' '�-�' ' . s._��' 'e-� '-t � t• _ �'' ,� � ~�e� '� � ` + `i4 1 {. �tF� �'ti-r �.. "1� � �L _ .�-�S _ �� ti�� ..r.d�`,�`�.�ST��' .t � � .1.t ��`�'.,�_i ��. 1 h �� t �1 i ;.i � a �`:�� :, � ��,,,st.:�' �C.-�- .:'� � ` �-'�`� u� a� fT-�- , �: � •�'�►�` .� � __� -. � . � _ � i �'`�' .�� °� � �� t S '"1-kr.� a��\i t'� �^ �1 ��.��we�f � ` t .�y�� '. ` ,'�;`r_ �_''A �� . -}'' � � r_ . ", s� {-'� 'h ` ,� r . " -2 _ ti y+' .r3* .-.. •.e: <� _� F} h..v. �, _ . ��. � -� 'i- �- -��`�''�''�K`�'�=-��-�•�.'�;" ,. '�,:'� ; � r�� c r Yc�Y�� d `�� y�y++�� '"��`-1�,� :�r�. J • %' ��.��.�fv�. �� ,�� - .` ' �*� + i � � � � � � 1. Stewardship: Provide stewardship by considering long-range � ; implications of City policies on the environment, to conduct , � City operations in a manner that protects the environment, � � and to provide education on how the City, its businesses, and ; � residents can improve the quality of the environment . i � � 2 . Earth : Preserve and enhance vegetation and earth resources ; 3 . Water: Protect water resources for present and future i generations. � , � � 4. Air: Maintain good federal , state, regional , and local air I � quality standards through coordinated , long-term strategies � that address the many contributors to air pollution . � � -----------.— - --------------� �T'.�'•ti.� . , . ' ,..` �\� •�,' `•in`i�,��h•�gv�'�'�' .``:�' •,�,�. 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' ��!�� p - _ � ��' • " �\ �� \,C�,`�y ,:1�► �Q :��c:- - �.l' w _�'�'�f�'` t� GMA mandates: • Cities and counties develop comprehensive land use plans & development regulations, including critical areas regulations • Periodic review and update • Purpose: to protect the functions and values of critical areas o Geologically hazardous areas o Frequently flooded areas o Critical aquifer recharge areas o Wetlands o Fish and wildlife habitat conservation areas ; GMA mandates: � "...counties and cities shall include the best available science in developing policies and regulations to protect the functions and values of critical areas" (RCW 36.70A.172(1)) � • Best available science (BAS) must be balanced with other GMA goals and mandates o Socioeconomic, cultural, legal, political o Local factors: projected growth, land use, administrative capacity . , . . .,�. ; � L- � • , � � � - .. � � --J � � � � . � ( � � � � """�� • • � • What is Best Available Science? (WAC 365-195-905) � Scientific information: Produced through a valid scientific process How to Use Best Available Science? (WAC 365-195-915) � Demonstrate inclusion of BAS by addressing: � Protective regulations Sources of BAS and non-BAS � BAS helps us understand and consider how /and use decisions affect critica/ areas within the City. What are the major changes proposed to Bremerton's CAO? ' , ' • � . � , . , r''�.�� ' �;e�o��i�ally ha�ardous areas. None . ��;�� .,� . � : . . ,. � � , . . ,.� � . �.1 �C�etical aqusfer recharge areas: IVone - � �; �,�' � � ��j; `� � r� � �»� , ;� r �. �requently flooded areas: Changes � `;��-�-�� ; � :� � . _ . J� � # � � ��'.� �t, -�_ proposed to comply with BAS �, �- ; , ��.� �, � �,, ,,, - r_� �.. ; .. t... i...�..E � VVetlands: Changes proposed to reflect `'�t . A � ,� . � � � - � , � ; _ . �, BAS �..�._:�'� � 4�� .�,;�,.� . , � �.° , � ' . �,.r�� 1....1 ' � 1 • . ' i: ` Fish and wildlife habitat conservation ' �� . �� -� . �° �� r�,� '� '�.�' . �. . '1� . areas: Changes proposed to reflect BAS _.. � -� ;;;�� - :_, ;, ,� __�� c . . i �:� . '�" ., . - � , - �- � -� �� ,.;;'( � J�,,,,i • �.��r Bremerton City Boundary N "� ° �Wetlands � � ��.� � �• • � . , ; Geologically Hazardous Areas � �� _ 1.�..��..i j>.w� . . re+ • " . Kitsap County G/S data, 16 July 2015 • � • • • • � • : • • Frequently flooded areas (BMC 20.14.500 - .530) • Purpose is to prevent flood hazards AND protect floodplain functions and values • Designation of frequently flooded areas according to BMC 17.60, Floodplain Management � : • Require habitat assessment to comply with 2008 FEMA Biological Opinion � � ' • • • • � • : • • Wetlands (BMC 20.14.300 - .360) • Update definition and classification system (Ecology 2014) • Specify mitigation ratios • Update wet0and buffer vvidths - • Existing range: 50-200 ft • Proposed range: 50-300 ft • Optional impact-minimizing measures to reduce buffer : . • � � � � � . • . . • . • . • . i � . • . � • • • • • • • • I: Estuarine wetlands 200 I: All others 100 140 220 300 � II: Estuarine wetlands 150 II: All others 100 140 220 300 III: AII 80 140 220 300 IV: All 50 � � 1 � � • • • � • � • • Fish and Wildlife Habitat Conservation Areas (BMC 20.14.700 - .760) • Refer to SMP for shoreline buffers and setbacks . - • - • • ' • . • - • • . S (saltwater) 25-175 ft (by shoreline See SMP 7.010 , environment designation) S (freshwater) 175 ft See SMP 7.010 F 150 ft N p 50 ft Ns 35 ft ' � � � • • • • � • : • • Aligning the CAO and SMP • Bremerton SMP (2013) adopts CAO (2006 version) by reference • Update the CAO � update the SMP through a limited amendment . . - . � • . . . - . � . . . - . Buffer widths Buffer averaging Fish and Wildlife Buffer reduction ✓ Habitat Conservation Storm water Areas management in ✓ � buffers Nonconforming � buffers � Definition Rating Wetlands Buffer widths ✓ Mitigation ratios • � � � � / � • � .� � www. Bremerton2435 . com ; � Apri I 20 , 2016 C City Cou nci I , � ` 345 6t" St Bremerton Com rehensive Plan U date : � I , p p , , , � City Serv�ces Element � � � � �Capital Facilities and Utilities) ; � � i � � . ' Beco m e a n i n te rested pa rty � � Send in a comments or questions ' ; Com � Plan@ci . Bremerton .wa . us or ! � � Allison Satter, Senior Planner ; 360-473-5845 or Allison .Satter@ci . Bremerton .wa . us � � --- -----------._ . --- --- ----- ----------------------_� 1 � � 1 1 � • } , �� . _!�`.�'•- � �'^4� .,rs. 's � � . >..-.g.• .Y ' _ ' -.� _.1'•— f� 't. .� . _:;3t�,... . -. -��:lu'-�� _ . , . � `_ „ . 'L_' . � +' . '��e- �i <_ N. . � . •`•'- • — � .�ac4-,� _ � ' . - _ _ 'i . ' - . ---�_'-..w,+-�—,-,-` _-- ... - - . -_...-' - _ -. . . - .. - __ � � . �- � - . -. - . - ' - . � ,,, • /� _ ._ � . . _ . _ .—�—= _. �e ... �� . .I `� . _ .. .. :_,.. , . 4 ',��_'_ . .-4,. ��1 �„= + _ � �_..--- -__ � - � . . .'�-��c ;--'+'��{4. ci�� -^1,,,,q„q`,,,�,�__. ." � x��_. _ .�s:-� "ls-�:.''-#' _ .". _ ;�'� ''' -- � . - . . ... ;c . .. . . � . .: . . • .Vy . � ' �:�� ' - _ ' . ' ' � ,�.. �S . ,y��. '�N".'4 '7C`'�'w �,,, ^7 � i . . ,�,y��..'+�-._ ,. , _�, � _��k\s�`��[� "tf�.; �� _ .s'�� . . . - r�. � � l. {� ��$}� . . _ ' , � � �/+ Y7. . � . �.� � �}� /N�, :l � � �a'�� . ..��.-s,�,.�y �1�.�^c�71 .. "�•V��: .��1.[�'1. . � �,�.y . . � yT�� <�:�i�h,�, ��{'}"!"��' t" �-. �;�.i.a . s � t ..� � s'� �f�:�, �r 1�,"��.i i_�y'��'�`^� . _ .^' _ ' i �:. �ic ..,.� :, ,��':�-K':;''�� rli4� L .�a,. 't p . r.f -'r !� _ 1 ti,, 'f�-_ ra'�� . +.. i�s.,i�'��,r�,�s""� �'�{��"..� - '' �•�. -at{` ''�}. '��`�f `.�= �"� - ''� �- . ' . ��sn..�„`L:...� ��'�.� ,'`.• �;:� -.ss., � t�'i / 1 / • , 1 � � � ' 1 1 1 � i i i i / i / / / � � / / / � � / � / / / � / • • eratlon el or o0 . . . . Leadership and Investment Fostering Transformation • Nei�hborhood� iinpiove111ent progt-am utilizing the Brelnerton Police Depai-tnlent Citizen Auxilialy Patrol (CAP) volunteers; in collaboration with the City of Brelnerton Code Enfoi-ce111ent Officer, focusing on the following three issues: Cars Parked �in i�awns Visible Trash Overgrown Vegetation • Pro�ranl consists of a volunteei identifying a code violation and notifying residents by hanging an info��»7ationcrl blue tag. The tag will educate residents as to wllich section of t11e Bremertoil Municipal Code (BMC) is in violation. • CAP volunteers w�ill follow up aftei- 2 weeks to ensure tlle violation has been con-ected. If a code violation still exists the next contact would be from the City Code Enforcement Officer. Resvectfirllv sub�nitted: Cou�zcil»tati reQ Wlzeele�: District 4. 04/06/2016 _ � p V � e � - � � � e !�:'� � O • o O I I " ' � 1 ' �, I , ' ( . � � � ��.J I � o . --�;�--;�- - � � v �G O 0 0 0 �e . o � ^° V ^� J o o � o � ° � ° ° ° a � . B � � o � 0 0 O • Z� O �' � � 0 � 0 �— � `� . :=-� i 0 � � v : � ,i � p 'y�� , -, � ��, � �:��.�.�; 4 � ��:�'�" ► �-- . ; ; ' a �� -. �+ � • "+:� � f�� , o �- . � � �� !� . � r4..� o e ', f-� o �j� ��.% • 0 � O - • � � O �l, � �� . ,. 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AGENDA BILL �A CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: April 6, 2016 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 367729 through 367931 and EFT's 15892 through 15943 in the amount of $1,881,508.23. 2) Regular Payroll for the pay period ending March 15, 2016 in the amount of$723,681.03. 3) Regular Payroll for the pay period ending March 31, 2016 in the amount of$730,537.06. 4) Regular Payroll for the pay period ending March 31, 2016 in the amount of$19,143.53 5) Retiree Payro�l for the pay period ending March 31, 2016 in the amount of$51,768.12. ATTACFIMENTS: 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 March 16, 2016 COUNCIL MEETING Date: April 6, 2016 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on March 16, 2016. �� 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, March 16, 2016 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 16, 2016, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6'h Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; Acting City Clerk (Legislative Assistant) Lori Smith; Council Assistant Christine Grenier; and Kevin Matthew, Information Services Manager. City Clerk Shannon Corin was absent. A CoutvCi� BRiEFiN� was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Kurt Wiest, Bishop for the Church of Jesus Christ and Latter-Day Saints. Police Chief Steven Strachan presented a Recognition P/aque to Lieutenant Pete Fisher in appreciation for his years of service to the City of Bremerton from 1998 to 2016; and congratulated Lt. Fisher who will soon be the new Police Chief for the City of Fife. MAYOR'S REPORT—Mayor Patty Lent... • Proclaimed March 21 to 25, 2016 as "Community Champions for Meals on Wheels Week" which was accepted by Deborah Horne, Executive Director for Meals on Wheels Kitsap; • Explained that Puget Sound Energy has a new mobile application to report power outages; • Was pleased to see Bremerton featured in a recent article "Hot Neighborhoods" in the Seattle Magazine; • Displayed a map which showed future ADA improvements planned for Warren Avenue and Wheaton Way; • Attended the Dedication Ceremony last Sunday, March 6 for a bench at Lions Park in memory of former Council Member Mike Sullivan; and Council Member Pat Sullivan shared the statement that she read during the ceremony; � o Attended the Christening of the USS Washington on March 5 in Newport News, Virginia; o Invited the community to attend the Evergreen Boat Launch Ribbon Cutting Ceremony on Thursday, March 17 at 3:00 PM at Evergreen Rotary Park; o Announced that the Bremerton Marina will be offering a buy one-year m�orage, get one-year moorage free special through May 1; • Invited the community to attend a Grand Opening for New Day Ministry on March 26 from 12:00 to 3:00 PM located on 6�h Street up from the Main Post Office; and added that New Life, Mission House, and Seeds of Grace will also share office space in the building; o Announced the 25th Annual St. Patrick's Day Parade on Saturday, March 19 starting at 11:00 AM at the corner of 6th Street & Pacific Avenue and finishing on 4th Street; and added that there will be a St. Paddy's Crawl from 5:00 to 10:00 PM in downtown; s Announced that the Annual Kid's Fishing Day will be hosted by the Kitsap Poggie Club on Saturday, April 23 from 8:00 AM to 1:00 PM at 4398 West Belfair Valley Road; • Mentioned that two Dignity Memorial Veteran Benefits Programs will be held on April 7 and 21 from 6:30 to 7:30 PM at the Miller-Woodlawn Funeral Home at 5505 Kitsap Way; and • Introduced Kurt Wiest, Executive Director for the Bremerton Housing Authority, who announced that applications for the Section 8 Housing Voucher Waitlist will be opening from March 14 through 27 online at www.bremertonhousinq.org. • President Younqer congratulated Mayor Lent for being honored as a 2016 Recipient of the Hyas Tyee Award to be presented by the Bremerton Chamber of Commerce on March 31. City Council Reg. Mtg. Minutes Wednesday, March 16, 2016 Page 2 of 4 POLICE DEPARTMENT BRIEFING Police Chief Steven Strachan used a Power Point presentation to highlight trends and statistics for the Month of February and early March; attended the Dedication Ceremony for the Washington State Patrol Trooper Tony Radulescu Memorial Highway; and shared an update on the "Fuzz Fund". Questions were asked by Wheeler, Huddy and McDonald; with responses provided by Chief Strachan and Mayor Lent... COMPREHENSIVE PLAN UPDATE Allison Satter, City Planner, introduced Rvan Abbotts, Fehr & Peers,who provided an overview of Element 5 on "Transportation". Ms. Satter added that the draft Comprehensive Plan is available for viewing under"Bremerton 2035' at www.bremertonwa.qov; and the Chapter"Environment" will be featured at the next meeting. Comments were provided by Younger and Daugs... Questions were asked by Huddy, McDonald, Davis, and Daugs; with responses provided by Mr. Abbotts and Public Works & Utilities Director Chal Martin... PUBLIC RECOGNITION Gavle Gillespie offered best wishes to Council Member Dino Davis in his bid for Kitsap County Commissioner; and thanked Public Works staff for being responsive to his concerns. Caroline Stein announced the 59�h Annual Washington State Science and Engineering Fair (WSSEF)will be on April 1 to 2 at Bremerton High School and Performing Arts Center. CONSENT AGENDA 7A— Claims & Check Register: Check Numbers 367516 through 367728, and EFT-15846 through 15891 in the amount of$2,366,585.43; Regular Payroll for the pay period ending February 29, 2016 in the amount of$664,835.47; and Regular Payroll (Pay Out) for the pay period ending February 29, 2016 in the amount of$572.08 7B— Minutes of Meeting — March 2, 2016 7C — Minutes of Study Session — March 9, 2016 7D — Acceptance of Quote from Planet Technologies for Upgrade to Microsoft Office 365 Government Phase 2 7E — Contract Award to Nordic Construction, Inc. for the McKenna Falls Intake Improvement Project 7F— Contract Award to Columbia Pumping & Construction, Inc. for the 2016 Sewer Rehabilitation CIPP Project 7G — Sole Source Purchase (Resolution No. 3165) of two Flygt dry-pit Submersible Pumps from Whitney Equipment for Pump Station KL-2 7H — Purchase of three Pre-built Service Trucks from Cobalt Truck Equipment of Spokane, WA for the Wastewater Treatment Plant, Equipment Services, and Water Utility 7I— Purchase of two 2017 Ford Escapes from Columbia Ford of Longview, WA for the Water Resources Division and the Parks & Recreation Department 7J — Contract Modification No. 4 to the Professional Services Agreement with Parametrix for the Washington Avenue Community Boulevard Project City Council Reg. Mtg. Minutes Wednesday, March 16, 2016 Page3of4 There were no comments from the public... 06:52:10 M/S/C/U (Huddy/Daugs) Move to approve the CotvsENT A�EN�A as presented. GENERAL BUSINESS 8A—ORDINANCE NO. 5296 AMENDING CHAPTER 5.12 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "TAXICABS": City Attorney Roqer Lubovich summarized that the proposed Ordinance amends Chapter 5.12 of the Bremerton Municipat Code entitled "Taxicabs" in order to update provisions relating to the regulation of taxicabs in the City. There were no comments from the public... 06:55:37 Motion was made by Davis, and seconded by Daugs... Comments were provided by Daugs;Questions were asked by Davis with responses provided by Mr. Lubovich... 06:58:32 M/S/C/U (Davis/Daugs) Move to approve Ordinance No. 5296 amending Chapter 5.12 of the Bremerton Municipal Code entitled "Taxicabs." PUBLIC HEARINGS 9A— PUBLIC HEARING AND RESOLUTION NO. 3264 AUTHORIZING THE TRANSFER OF INTERESTS AND LIABILITIES IN THE ASSETS OF CENCOM FROM THE CITY OF BREMERTON TO KITSAP COUNTY: City Attorney Ro�er Lubovich explained that the proposed resolution authorizes the transfer of any interests and liabilities the City of Bremerton has in the assets of CenCom from the City to Kitsap County for the purpose of reorganizing and re-establishing CenCom as a separate legal entity to be renamed Kitsap 911. Upon the creation of Kitsap 911, the County will transfer its interests and liabilities in the assets, as well as the interests and liabilities of the City of Bremerton and other entities which have invested public funds for the operation of CenCom, to Kitsap 911. Presidenf Younger opened the public hearing... With no further comments received, the hearing was closed to the public, and opened for discussion to the City Council... 07:00:10 Motion was made by Daugs, and seconded by Davis... Comments and questions were provided by Daugs and Wheeler; with responses provided by Mr. Lubovich... 07:05:32 M/S/C/U (Daugs/Davis) Move to adopt Resolution No. 3264 authorizing the transfer of any interests and liabilities in the assets of CenCom from the Cityoof Bremerton to Kitsap County for the purpose of reorganizing and re-establishing CenCom as a seoarate legal entity. 9B— PUBLIC HEARING AND ORDINANCE NO. 5297 ASSUMING THE RIGHTS, POWERS, FUNCTIONS. AND OBLIGATIONS OF THE BREMERTON TRANSPORTATION BENEFIT DISTRICT (TBD): City Attorney Roqer Lubovich explained that Chapter 36.74 RCW authorizes a city to assume the rights, powers, functions, and obligations of a transportation benefit district established by a city. The City passed Ordinance No. 5076, amended by Ordinance No. 5245, establishing the Bremerton Transportation Benefit District. On February 17, 2016, the City Council passed Resolution No. 3263 scheduling a hearing date of March 16, 2016, to consider an ordinance assuming the rights, powers, functions, and obligations of the Bremerton Transportation Benefit District by the City of Bremerton. President Youn_qer opened fhe public hearing... With no further comments received, fhe hearing was closed to the public, and opened for discussion to the City Council... 07:10:06 Motion was made by Davis, and seconded by Daugs...Comments were provided by Davis and Daugs; Questions were asked by Daugs; with responses provided by Mr. Lubovich... City Council Reg. Mtg. Minutes Wednesday, March 16, 2016 Page 4 of 4 07:13:07 M/S/C/U (Davis/Daugs) Move to pass Ordinance No. 5297 of the City of Bremerton assuming the rights, powers, functions, and obligations of the Bremerton Transportation Benefit District. COUNCIL MEMBER REPORTS � Pat Sullivan thanked everyone who came out in the rain on Sunday, March 6 as a park bench was dedicated to the memory of Mike Sullivan. Leslie Dauas encouraged the community to participate in the St. Patrick's Day events and parade; hoped everyone has fared well during these recent storms; and reminded people to check on neighbors, family and friends - especially the elderly. Jerry McDonald provided a reminder about the Boat Launch Dedication tomorrow at 3:00 PM at Evergreen Rotary Park; shared photos of Another Castle Arcade located at 305 Pacific Avenue which is now open for business; and another reminder about the St. Patrick's Day Parade on Saturday. Grep Wheeler; announced the monthly Work Party at Kiwanis Field on Saturday, March 26 from 9:00 to 11:00 AM followed by the free Annual Egg Hunt from 1:00 to 3:00 PM; appreciated the work that Pat Sullivan put in for Mike Sullivan's memorial bench; and reported on the District 4 Community Meeting held on March 7 which included discussion of the proposed Armed Forces Day Parade route. Dino Davis encouraged the community to have emergency preparedness kits at home and to take first aid training (both available through the Red Cross); to remember to be safe around fallen power lines during storms; and looked forward to St. Patrick's Day festivities this Saturday. Richard Huddv acknowledged Council Member Leslie Daugs who celebrated a birthday over the weekend; announced that comments are welcome through April 12 on the proposed 2096 to 2036 Long Range Transit Plan which is available for viewing at www.kitsaptransit.com; and thanked Pat Sullivan for the wonderful ceremony and for the opportunity to remember Mike Sullivan. Eric Younaer thanked the public for attending and watching the Council Meeting tonight. With no further business, President Younger adjourned the Council Meeting at 7:26 PM. Prepared and Submitted by: . � CHRISTINE G ENIER Council Assistant Attest: SHANNON CORIN, City Clerk ERIC YOUNGER, City Council President EY:SC:Is:cg AGENDA BILL �C CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session - Study Session Date: N/A March 23, 2016 COUNCIL MEETING Date: April 6, 2016 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on March 23, 2016. 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 STUDY SESSION MINUTES Wednesday, March 23, 2016 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DiCKs GOVERNMENT CENTER, 345 6�' Street, Bremerton, Washington, Wednesday, March 23, 2016, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Younqer emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the April 6, 2016 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED— The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members: 1. Project Agreement with the Salmon Recovery Funding Board (SRFB) for the Evergreen Park Nearshore Restoration Design Consent Agenda 2. Establish the Lebo Boulevard Road Improvement Fund; and Transportation Improvement Board Consultant Agreement with SCJ Alliance for the Lebo Boulevard Road Improvement Project Consent Agenda 3. Professional Services Agreement with JB Reward Systems to perform a Compensation & Classification Study Consent Agenda B. INFORMATION BRIEFINGS 4. Staffing Analysis Report for the Parks & Recreation Department—Jeff Elevado, Interim Parks & Recreation Director; and Mike Riley, Assistant Finance Director Information Only 5. Annexation Review and Council Policy— President Eric Younger Information Only President Younger called a brief recess from 7:05 to 7:15 PM... C. GENERAL COUNCIL BUSINESS o Finance & Investment Committee Briefing (3/15/16 Meeting) — Richard Huddy, Chair o Audit Committee Briefing (3/17/16 Meeting) — Leslie Daugs, Chair 0 o Other General Council Business was briefly discussed. With no further business, President Younqer adjourned the Council Study Session at 8:10 PM. Prepared and Submitted by: � L RI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk ERIC YOUNGER, City Council President EY:SC:Is:cg \ AGENDA BILL D CITY OF BREMERTON CITY COUNCIL SUBJECT: Project Agreement with the Study Session Date: March 23, 2016 Salmon Recovery Funding Board for the COUNCIL MEETING Date: April 6, 2016 Evergreen Park Nearshore Restoration Department: Public Works and Design Utilities Presenter: Kathleen Cahall, Water Resources Manager Phone: (360) 473-2315 SUMMARY: The City of Bremerton has received a Salmon Recovery Funding Board (SRFB) grant to complete a preliminary design for the Evergreen Park Nearshore Restoration Project. The site is located adjacent to Evergreen Rotary Park on the western shoreline of the Port Washington Narrows, formerly known as the Chevron Bulk Fuel facility. The design will incorporate modification of 600 feet of shoreline to restore nearshore ecological functions for the benefit of migrating salmon and cutthroat trout. The design will include bulkhead and shoreline debris removal to restore natural sedimentation functions, expand and enhance forage fish beach spawning habitat, and restore ' shoreline riparian vegetation. The urban park setting will require a balance between ecological benefit and passive recreation and public use. ATTACHMENTS: Recreation and Conservation Office Funding Board Project Agreement for the Evergreen Park Nearshore Restoration Preliminary Design (Project Number 14-1949P) FISCAL IMPACTS (Include Budgeted Amount): No Match grant for $200,000 will fund the project through the Bremerton Stormwater CIP budget. STUDY SESSION AGEIVDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept the Evergreen Park Nearshore Restoration Design Grant contract with the Salmon Recovery Funding Board; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 � ' WASHINGTON STATE ~�f�� K�-�_ Recreation and , _...,.:-:� Conservation Office Funding Board Project Agreement Project sponsor: Bremerton Public Works Project Number: 14-1949P ProjectTitle: Evergreen Park Nearshore Restoration Design approval Date: 12/9/2015 A. PARTIES OF THE AGREEMENT This ProjectAgreement(Agreement)is entered into between the State of Washington by and through the Salmon Recovery Funding Board(SRFB or funding board)and the Recreation and Conservation Office, P.O. Box 40917, Olympia,Washington 98504-0917 and City of Bremerton by and through the Bremerton Public Works(sponsor),3027 Olympus Dr, Bremerton,WA 98310 and shall be binding on the agents and all persons acting by or through the parties. The sponsor's Data Universal Numbering System (DUNS)Number is 556846970. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the State Building Construction Account of the State of Washington.The grant is administered by the Recreation and Conservation Office(RCO)to the sponsor for the project named above per the director's authority granted in RCW 79A.25.020. C. DESCRIPTION OF PROJECT The City of Bremerton will complete preliminary designs for the Evergreen Park Nearshore Restoration Project located adjacent to Evergreen Rotary Park on the western shoreline of the Port Washington Narrows,which connects Sinclair Inlet with Dyes Inlet.The goal of this project is to develop a conceptual and preliminary design to restore nearshore ecological functions along 600 feet of shoreline that will benefit Chinook,chum, Coho,steelhead,and Cutthroat Trout migrating between Dyes and Sinclair Inlets.The restoration design will include the following elements: 1. Reconnect the upland and nearshore environments, restoring natural sedimentation functions through the removal of hard shoreline armoring and upland fill 2. Expand and enhance forage fish beach spawning habitat 3. Restore shoreline riparian vegetation 4. Restore natural sedimentation functions The urban park setting will require a balance between ecological benefit and passive recreation and public use. Project design work expects to include estimates of beach fill removal necessary to restore the natural slope and landscape plans for areas where vegetation is appropriate.The conceptual design alternatives will be identified and assessed,and then the preferred alternative will be developed to preliminary design. Deliverables will meet requirements in SRFB Manual 18 Appendix D-1 and D-2. D. PERIOD OF PERFORMANCE The period of perFormance begins on December 9,2015(project start date)and ends on June 30,2017(project end date). No allowable cost incurred before or after this period is eligible for reimbursement unless specifically provided for by written amendment or addendum to this Agreement or specifically provided for by WAC Titles 286,420;or RCFB andlor SRFB policies published in RCO manuals as of the effective date of this agreement. The sponsor must request extensions of the period of performance at least 60 days before the project end date. The sponsor has obligations beyond this period of performance as described in Section E: On-going Obligations. E. ON-GOING OBLIGATIONS For this planning project,the sponsor's on-going obligation shall be the same as the period of performance identified in Section D: Period of Performance. F. PROJECT FUNDING The total grant award provided by the funding board for this project shall not exceed$200,000.00. The funding board shall not pay any amount beyond that approved for grant funding of the project and within the funding board's percentage as identified below. The sponsor shall be responsible for all total project costs that exceed this amount. The minimum matching share provided by the sponsor shall be as indicated below: Percentage DollarAmount Source of Funding SRFB-Puget Sound Acq.8 Restoration 100.00% $200,000.00 State Project Sponsor 0.00% $0.00 Total Project Cost 100.00% $200,000.00 RCO 14-1949P Page 1 of 29 G. FEDERAL FUND INFORMATION This project is match to the following federal funding source(s)and the same provisions apply as if this project were funded by the federal funding source(s)as a federal subaward: Federal Agency: US Environmental Protection Agency Catalog of Federal DomesticAssistance Number and Name:66.123-PSP Federal Award Identification Number: PC-OOJ32101 Federal Fiscal Year:2011 Federal Award Date: 12/29/2010 Total Federal Award: $12,269,999 Federal Award Project Description: Technical Investigations and Implementation Assistance Program Sponsor's Indirect Cost Rate:0.00%of all costs for this agreement If federal funding information is included in this section,this Agreement is funded by a federal subaward from a portion of the total federal award.This funding is not research and development(R 8 D). If the sponsor's total federal expenditures are$750,000 or more during the sponsor's fiscal-year,the sponsor is required to have a federal single audit conducted for that year in compliance with 2 C.F.R.Part 200,Sub Part F- Audit Requirements,Section 500(2013).The sponsor must provide a copy of the final audit report to RCO within nine months of the end of the sponsor's fiscal year, unless a longer period is agreed to in advance by the federal agency identified in this section. RCO may suspend all reimbursements if the sponsor fails to timely provide a single federal audit;further the RCO reserves the right to suspend any RCO Agreements with the sponsor if such noncompliance is not promptly cured. H. RIGHTS AND OBLIGATIONS INTERPRETED IN LIGHT OF RELATED DOCUMENTS All rights and obligations of the parties under this Agreement shall be interpreted in light of the information provided in the sponsor's application and the project summary under which the Agreement has been approved as well as documents produced in the course of administering the Agreement,including the eligible scope activities and milestones report incorporated herein by reference.Provided,to the extent that information contained in such documents is inconsistent with this Agreement, it shall not be used to vary the terms of the Agreement, unless those terms are shown to be subject to an unintended error or omission.This"AgreemenY'as used here and elsewhere in this document,unless otherwise specifically stated, has the meaning set forth in the definition of the Standard Terms and Conditions. I. AMENDMENTS MUST BE SIGNED IN WRITING Except as provided herein,no amendmenUdeletions of any of the terms or conditions of this Agreement will be effective unless provided in writing and signed by both parties. Except,extensions of the period of performance and minor scope adjustments need only be signed by RCO's director or designee, unless the consent of the sponsor to an extension is required by its auditing policies,regulations,or legal requirements, in which case, no extension shall be effective until so consented. J. COMPLIANCE WITH APPLICABLE STATUTES,RULES,AND RCFB-SRFB POLICIES This agreement is governed by, and the sponsor shall comply with,all applicable state and federal laws and regulations,including any applicable Clean Water Act: Section 320,40 C.F.R. parts 31 and 35 subpart P, RCW 77.85, WAC 420 and RCFB and/or SRFB policies published in RCO manuals as of the effective date of this agreement,all of which are incorporated herein by this reference as if fully set forth. K. SPECIALCONDITIONS Planning Project for Habitat Restoration on State Owned Aquatic Lands:The Department of Natural Resources, Aquatics Program(DNR)has determined that the in-water portion of this future restoration project occurs on state owned aquatic lands(SOAL)managed by the DNR on behalf of the State of Washington. It is important for the sponsor to coordinate early with the appropriate DNR Land Manager to avoid project delays.The DNR information page provides additional guidance on completing a project on SOAL, including a link to the Land Manager contact map: http://www.dnr.wa.gov/programs-and-services/aquatics/leasing-and-land-transactions To avoid delays in receiving DNR authorization, project sponsor shall contact staff from DNR's Aquatic Resources Program early in the design process,before applying for permits in order to: • Ensure the land is available. • Determine if the proposed use is appropriate. �Avoid or minimize impacts to aquatic resources. Before the future restoration work begins,sponsor will need to secure authorization to complete the project on SOAL, in the form of a lease,an easement or a right of entry.Whatever the form,the authorization is not a permit,but analogous to a • Landowner Agreement. RCO 14-1949P Page 2 of 29 Cultural Resources Consultation:This project is subject to Governor's Executive Order 05-05 Archaeological and Cultural Resources(EO 05-05)as described in Section 9 of this project agreement. RCO will need to initiate cultural resources consultation following EO 05-05 for all ground disturbing activities.The Property has been surveyed for cultural resources and are attached in PRISM,and this project shall avoid impacts to the known archaeological site. Before initiating ground disturbing activities associated with the design work(for example,geotech and other investigations),the City shall provide a map to RCO identifying the locations of the proposed ground disturbing activities. RCO will complete GEO 05-05 consultation with DAHP and Suquamish Tribe. Completion of this consultation and a Notice to Proceed from RCO will be required before these ground-disturbing activities can begin. Please note,in order for a future RCO funded restoration project to be exempt from EO 05-05,the Section 106 Area of Potential Effect(APE)must include all ground-disturbing activities(e.g., restoration staging area, riparian planting areas).The sponsor is encouraged to work with the federal permitting agency to align the Section 106 APE with the scope of work subject to a future RCO funded restoration project proposal. If the APE does not include all ground-disturbing activities proposed for RCO funding, RCO will need to initiate cultural resources consultation following EO 05-05 for those activities not included in the federal APE. Feasibility Study and Preliminary Design Deliverables:This project will meet the standards for Design and Restoration Project Deliverables described in Manual 18 Appendixes D-1 and D-2. Project deliverables must include a comprehensive feasibility report that includes the following elements: 1. Description of the reach(shoreline and drift cell)and the problem(s)within the context of salmon recovery. 2. Identification of specific objectives for addressing the problem(s). 3. Presentation and evaluation of basic site characterization data and engineering analysis that was used for identifying the conceptual design alternatives. 4. Identification and conceptual design of alternatives for achieving the project objectives. Each conceptual design alternative should include a description of the design and at least a plan view drawing of the proposed project on an accurately-scaled site plan.The plan view drawing should include:an area/location map;property boundaries(either surveyed or approximated based on assessor's data);landownership; roads or other infrastructure as appropriate;scale; North arrow;water bodies and direction of flow;ordinary high water line or mean high water line for marine waters;and approximate dimensions of proposed elements.Sponsors should provide a plan view showing the existing conditions of the site as well as the proposed project. 5. Evaluation and discussion of the pros and cons of each alternative. This explanation should take into account the wews of stakeholders(including landowners,and lead entity citizen and technical groups)and other factors the sponsor considers relevant. 6. Selection of preferred alternative(s)including an explanation for why it was selected over the other alternatives. For some projects,it may be unrealistic to narrow the"preferred alternative"to one option, because additional technical information may be needed to make a fully informed choice. 7. Preliminary Design Deliverables(as descnbed in detail in Appendix D-2)including the Design Report(with summary of stakeholder design review and comments), Preliminary Drawings,and Engineering Cost Estimate for preferred alternative. 8. Cultural Resources Assessment. 9. Permit Applications. RCO 14-1949P Page 3 of 29 L. AGREEMENT CONTACTS The parties will provide all written communications and notices under this Agreement to the mail address or the email address listed below if not both: Proiect Contact SRFB Name: Chance Berthiaume Recreation and Conservation Office Title: Public Works&Utilities Natural Resources Building Address: 100 Oyster Bay Ave N PO Box 40917 Bremerton,WA 98312 Olympia, Washington 98504-0917 Email: chance.berthiaume@ci.bremerton.wa.us These addresses shall be effective until receipt by one party from the other of a written notice of any change. M. ENTIREAGREEMENT This Agreement,with all amendments and attachments,constitutes the entire Agreement of the parties. No other understandings,oral or otherwise,regarding this Agreement shall exist or bind any of the parties. N. EFFECTIVE DATE This Agreement,for project 14-1949P,shall be subject to the written approval of the RCO's authorized representative and shall not be effective and binding until the date signed by both the sponsor and the RCO,whichever is later (Effective Date). Reimbursements for eligible and allowable costs incurred within the period of performance identified in Section D: Period of PerFormance are allowed only when this Agreement is fully executed and an original is received by RCO. The sponsor has read,fully understands,and agrees to be bound by all terms and conditions as set forth in this Agreement.The signators listed below represent and warrant their authority to bind the parties to this Agreement. BremeRon Public Works gy; Date• Name: (printed) Title: State of Washin ton Recreation Conservation Office 9 � On behalf of the Salmon Recovery Funding Board(SRFB or funding board) gy; Date• Kaleen Cottingham Director Recreation and Conservation Office Pre-approved as to form: By: /S/ Date• Julv 20.2015 Assistant Attorney General RCO 14-1949P Page 4 of 29 Standard Terms and Conditions of the Project Agreement Table of Contents Page SECTION 1. CITATIONS, HEADINGS AND DEFINITIONS............................................................. 7 SECTION 2. PERFORMANCE BY THE SPONSOR....................................................................... 8 SECTION3. ASSIGNMENT...................................................................................................... 8 SECTION4. RESPONSIBILITY FOR PROJECT........................................................................... 8 SECTION 5. INDEMNIFICATION............................................................................................... 8 SECTION6. INDEPENDENTCAPACITYOFTHESPONSOR......................................................... 9 SECTION 7. CONFLICT OF INTEREST...................................................................................... 9 SECTION 8. COMPLIANCE WITH APPLICABLE LAW.................................................................. 9 SECTION9. RECORDS........................................................................................................... 10 SECTION10. PROJECT FUNDING............................................................................................. 10 SECTION 11. PROJECT REIMBURSEMENTS.............................................................................. 11 SECTION 12. ADVANCE PAYMENTS.......................................................................................... 11 SECTION 13. RECOVERY OF PAYMENTS................................................................................... 12 , SECTION 14. COVENANT AGAINST CONTINGENT FEES............................................................. 12 SECTION 15. INCOMEAND USE OF INCOME.............................................................................. 12 SECTION 16. PROCUREMENT REQUIREMENTS......................................................................... 12 SECTION 17. TREATMENT OF EQUIPMENT............................................................................... 13 SECTION 18. RIGHT OF INSPECTION........................................................................................ 13 SECTION 19. STEWARDSHIP AND MONITORING........................................................................ 13 SECTION 20. PREFERENCES FOR RESIDENTS........................................................................... 13 SECTION 21. ACKNOWLEDGMENT AND SIGNS.......................................................................... 13 SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION,AND RESTORATION PROJECTS.................................................................................. 14 SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS............................................. 14 SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY AND/OR FACILITIES TO OTHERUSES....................................................................................................... 15 SECTION 25. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS.. 15 SECTION 26. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS........ 16 RCO 14-1949P Page 5 of 29 SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY................................................... 16 SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY................................................................................................................. 18 SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY....... 18 SECTION 30. PROVISIONS FOR FARMLAND PRESERVATION ACCOUNT PROJECTS ONLY............ 18 SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY............ 18 SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY.................................................................................................................. 19 SECTION 33. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM-EPAAND MARINE SHORELINE PROTECTION PROJECTS ONLY............................................. 21 SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM-EPA PROJECTSONLY................................................................................................. 25 SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS ONLY................................................................................................................. 25 SECTION 36. ORDER OF PRECEDENCE.................................................................................... 27 SECTION37. AMENDMENTS.................................................................................................... 27 SECTION 38. LIMITATION OF AUTHORITY................................................................................. 27 SECTION 39. WAIVER OF DEFAULT.......................................................................................... 27 SECTION 40. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH............................................................................................................. 27 SECTION 41. SPECIFIC PERFORMANCE.................................................................................... 28 SECTION42. TERMINATION..................................................................................................... 28 SECTION43. DISPUTE HEARING.............................................................................................. 28 SECTION 44. ATTORNEYS' FEES............................................................................................. 28 SECTION 45. GOVERNING LAWNENUE..................................................................................... 28 SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THESPONSOR.................................................................................................... 29 SECTION47. SEVERABILITY.................................................................................................... 29 RCO 14-1949P Page 6 of 29 'y WASHINGTON STATE �.. � Recreation and _..,�� Conservation Office Standard Terms and Conditions of the Project Agreement ProjectSponsor: Bremerton Public Works Project Number: 14-1949P ProjectTitle: Evergreen Park Nearshore Restoration Design Approvai Date: 12/9/2015 SECTION 1. CITATIONS,HEADINGSAND DEFINITIONS q. Any citations referencing specific documents refer to the current version at the date of project Agreement and/or any revisions in the future. g, Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. C, Definitions.As used throughout this Agreement,the following terms shall have the meaning set forth below: acquisition project-A project that purchases or receives a donation of fee or less than tee interests in real property.These interests include,but are not limited to,conservation easements, access/trail easements,covenants,water rights,leases,and mineral rights. Agreement or Project Agreement-The document entitled"Pro�ect AgreemenY' accepted by all parties to the present transaction, including without limitation these Standard Terms and Conditions,all attachments, addendums,and amendments, and any intergovernmental agreements or other documents that are incorporated into the Project Agreement subject to any limitations on their effect. applicant-Any party that meets the qualifying standards,including deadlines,for submission of an application soliciting a grant of funds from the funding board. application-The documents and other materials that an applicant submits to the RCO to support the applicanYs request for grant funds;this includes materials required for the"Application"in the RCO's automated project information system, and other documents as noted on the application checklist including but not limited to legal opinions,maps,plans,evaluation presentations and scripts. C.F.R.-Code of Federal Regulations contractor-An entity that receives a contract from a sponsor.A contract is a legal instrument by which a non-Federal entity (sponsor)purchases property or services to carry out the project or program under a Federal award.A contractor is not the same as the sponsor or subrecipient.A contract is for the purpose of obtaining goods and services for the non-Federal entity's (sponsor's)own use and creates a procurement relationship with the contractor(2 C.F.R§200.23(2013)). development project-A project that results in the construction of or work resulting in new elements,including but not limited to structures,facilities,and/or materials to enhance outdoor recreation resources. director-The chief executive officer of the Recreation and Conservation Office or that person's designee. education project-A project that provides information,education,and outreach programs for the benefit of outdoor recreationists. education and enforcement project-A project that provides information, education, and outreach programs; encourages responsible recreational behavior,and may provide law enforcement for the benefit of outdoor recreationists. equipment-Tangible personal property(including information technology systems)having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the sponsor or$5,000 (2 C.F.R.§200.33(2013)). funding board-The board that authorized the funds in this Agreement,either the Recreation and Conservation Funding Board (RCFB)created under chapter 79A.25.110 RCW,or the Salmon Recovery Funding Board(SRFB)created under chapter 77.85.110 RCW. indirect cost- Costs incurred for a common or joint purpose benefitting more than one cost objective,and not readily assignable to the cost objectives specifically benefitted,without effort disproportionate to the results achieved(2 C.F.R.§200.56 (2013)). landowner agreement-An agreement that is required between a sponsor and landowner for projects located on land not owned,or otherwise controlled,by the sponsor. maintenance project-A project that maintains existing areas and facilities through repairs and upkeep for the benefit of outdoor recreationists. maintenance and operation project-A project that maintains exisbng areas and facilities through repairs, upkeep, and routine servicing for the benefit of outdoor recreationists. match or matching share-The portion of the total project cost provided by the sponsor. milestone-An important event with a defined date to track an activity related to implementation of a funded project and monitor significant stages of project accomplishment. pass•through entity-A non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program(2 C. F. R.§200.74(2013)). If this Agreement is a federal subaward, RCO is the pass-through entity. period of pertormance-The time during which the sponsor may incur new obligations to carry out the work authorized under this this Agreement(2 C.F.R. §200.77(2013)). planning(RCFB projects only)-A project that results in one or more of the following:a study,a plan,construction plans and specifications,and permits to increase the availability of outdoor recreational resources. planning(SRFB projects only)-A project that results in a study, assessment, project design,or inventory. � pre-agreement cost-A project cost incurred before the period of performance. RCO 14-1949P Page 7 of 29 project-An undertaking that is,or may be,funded in whole or in part vuith funds administered by RCO on behalf of the funding board. project cost-The total allowable costs incurred under this Agreement and all required match share and voluntary committed matching share, including third-party contributions(2 C.F.R. §200.83(2013)). RCO-Recreation and Conservation O�ce-The state office that provides administrative support to the Recreation and Conservation Funding Board and Salmon Recovery Funding Board.RCO includes the director and staff,created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. �eimbursement-RCO's payment of funds from eligible and allowable costs that have already been paid by the sponsor per the terms of the Agreement. renovation project- A project intended to improve an existing site or structure in order to increase its useful service life beyond original expectations or functions.This does not include maintenance activities to maintain the facility for its originally expected useful service life. restoration project-A project that brings a site back to its historic function as part of a natural ecosystem or improves the ecological functionality of a site. RCW-Revised Code of Washington RTP-Recreational Trails Program-A federal grant program administered by RCO that allows for the development and maintenance of backcountry trails. secondary sponsor-one of two or more eligible organizations that sponsors a grant-funded project.Of these two sponsors, only one-the primary sponsor-may be the fiscal agent. sponsor or primary sponsor-The eligible applicant who has been awarded a grant of funds and is bound by this executed Agreement;includes its officers, employees,agents and successors. For projects funded with federal money,the sponsor is a subrecipient,which is a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency(2 C.F.R.§200. 93(2013)). subaward- An award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program.A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract(2 C.F.R.§200.92(2013)).A subaward is for the purpose of carrying out a portion of a Federal award and creates a Federal assistance relationship with the subrecipient(2 C.F.R.§200.330(2013)). If this Agreement is a Federal subaward,the subaward amount is the grant program amount in Section F: Project Funding. subrecipient-Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program;but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency(2 C.F.R. §200.93(2013)). If this Agreement is a Federal subaward,the sponsor is the subrecipient. WAC-Washington Administrative Code. SECTION 2. PERFORMANCE BYTHE SPONSOR The sponsor and secondary sponsor where applicable,shall undertake the project as described in this Agreement,the sponsor's application,and in accordance with the sponsor's proposed goals and objectives described in the application or documents submitted with the application,all as finally approved by the funding board.All submitted documents are incorporated by this reference as if fully set forth herein.Also see Section 36:Order of Precedence. Timely completion of the project and submission of required documents,including progress and final reports,is important. Failure to meet critical milestones or complete the project,as set out in this Agreement, is a material breach of the Agreement. SECTION 3. ASSIGNMENT Neither this Agreement,nor any claim arising under this Agreement,shall be transferred or assigned by the sponsor without prior written consent of the RCO. SECTION4. RESPONSIBILITYFORPROJECT While the funding board undertakes to assist the sponsor with the project by providing a grant pursuant to this Agreement,the project itself remains the sole responsibility of the sponsor.The funding board undertakes no responsibilities to the sponsor,a secondary sponsor,or to any third party,other than as is expressly set out in this Agreement.The responsibility for the implementation of the project is solely that of the sponsor,as is the responsibility for any claim or suit of any nature by any third party related in any way to the project. When a project is sponsored by more than one entity,any and all sponsors are equally responsible for the project and all post-completion stewardship responsibilities. SECTION 5. INDEMNIFICATION The sponsor shall defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or suits at law or equity arising m whole or in part from the actual or alleged acts,errors,omissions or negligence of,or the breach of any obligation under this Agreement by, the sponsor or the sponsor's agents, employees,contractors,subcontractors,or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. Provided that nothing herein shall require a sponsor to defend or indemnify the State against and hold harmless the State from claims,demands or swts based solely upon the negligence of the State, its employees and agents for whom the State is vicariously liable. Provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the sponsor or the sponsor's RCO 14-1949P Page S of 29 agents,employees,contractors,subcontractors or vendors,of any tier,or any other persons for whom the Sponsor is legally liable, and(b)the State its employees and agents for whom it is vicariously liable,the indemnity obligation shall be valid and enforceable only to the extent of the sponsor's negligence or the negligence of the sponsor's agents,employees,contractors,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. This provision shall be included in any Agreement between sponsor and any contractors,subcontractors and vendors,of any tier. The sponsor shall also defend,indemnify,and hold the State and its officers and employees harmless from all claims,demands,or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information,know-how,copyright rights or inventions by the sponsor or the sponsor's agents,employees,contractors,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable,in performance of the Work under this Agreement or arising out of any use in connection with the Agreement of methods,processes,designs, information or other items furnished or communicated to State,its agents,officers and employees pursuant to the Agreement;provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from State's,its agents',officers'and employees'failure to comply with specific written instructions regarding use provided to State,its agents,officers and employees by the sponsor, its agents,employees,contractors,subcontractors or vendors,of any tier,or any other persons for whom the sponsor may be legally liable. The sponsor specifically assumes potential liability for actions brought by the sponsor's own employees or its agents against the State and,solely for the purpose of this indemnification and defense,the sponsor specifically waives any immunity under the state industrial insurance law, RCW Title 51. The RCO is included within the term State,as are all other agencies,departments, boards,or other entities of state government. SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The sponsor and its employees or agents perForming under this Agreement are not officers, employees or agents of the funding board or RCO.The sponsor will not hold itself out as nor claim to be an officer,employee or agent of RCO,a funding board or of the state of Washington, nor will the sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 286 RCW. The sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state,and/or local laws. SECTION7. CONFLICTOFINTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, RCO may,in its sole discretion, by written notice to the sponsor terminate this Agreement if it is found after due notice and examination by RCO that there is a violation of the Ethics in Public Service Act, RCW 42.52;or any similar statute involving the sponsor in the procurement of,or performance under,this Agreement. In the event this Agreement is terminated as provided herein, RCO shall be entitled to pursue the same remedies against the sponsor as it could pursue in the event of a breach of the Agreement by the sponsor.The rights and remedies of RCO provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. , SECTION 8. COMPLIANCE WITH APPLICABLE LAW The sponsor will implement the Agreement in accordance with applicable federal,state,and local laws, regulations and RCO and funding board policies regardless of whether the sponsor is a public or non-public organization. The sponsor shall comply with,and RCO is not responsible for determining compliance v�nth,any and all applicable federal,state,and local laws, regulations,and/or policies, including, but not limited to:State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits(shoreline, Hydraulics Project Approval, demolition); land use regulations(critical areas ordinances, Growth Management Act);federal and state safety and health regulations(Occupational Safety and Health Administration/Washington Industrial Safety and Health Act):and Buy American Act. A. Nondiscrimination Laws.The sponsor shall comply with all applicable federal,state, and local nondiscrimination laws and/or policies,including but not limited to:the Americans with Disabilities Act;Civil Rights Act;and the Age Discrimination Act. In the event of the sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy,the Agreement may be rescinded,cancelled,or terminated in whole or in part,and the sponsor may be declared ineligible for further grant awards from the funding board.The sponsor is responsible for any and all costs or liability arising from the sponsor's failure to so comply with applicable law. B. Wages and Job Safety.The sponsor agrees to comply with all applicable laws, regulations,and policies of the United States and the State of Washington which affect wages and job safety. The sponsor agrees when state prevailing wage laws(RCW 39.12) are applicable,to comply with such laws,to pay the prevailing rate of wage to all workers, laborers,or mechanics employed in the performance of any part of this contract,and to file a statement of intent to pay prevailing wage with the Washington State Department of Labor and Industries as required by RCW 39.12.040.The sponsor also agrees to comply with the provisions of the rules and regulations of the Washington State Department of Labor and Industries. RCO 14-1949P Page 9 of 29 C. Archaeological and Cultural Resources.The RCO facilitates the review of applicable projects for potential impacts to archaeological sites and state cultural resources.The sponsor must assist RCO in compliance with Executive Order 05-05 or the National Historic Preservation Act before initiating ground-disturbing activity. The funding board requires documented compliance with Executive Order 05-05 or Section 106 of the National Historic Preservation Act,whichever is applicable to the project. If a federal agency declines to consult,the sponsor shall comply with the requirements of Executive Order 05-05. In_the event that archaeological or historic materials are discovered during project activities,work in the location of discovery and immediate vicinity must stop instantly,the area must be secured,and notification must be provided to the following:concerned Tribes' cultural staff and cultural committees,RCO,and the State Department of Archaeology and Historic Preservation. If human remains are discovered during project activity,work in the location of discovery and immediate viciniry must stop instantly,the area must be secured,and notification provided to the concerned Tribe's cultural staff and cultural committee, RCO, State Department of Archaeology,the coroner and local law enforcement in the most expeditious manner possible according to RCW 68.50. D. Restrictions on Grant Use. No part of any funds provided under this grant shall be used,other than for normal and recognized executive-legislative relationships,for publicity or propaganda purposes,or for the preparation,distribution,or use of any kit, pamphlet,booklet,publication, radio,television,or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. No part of any funds provided under this grant shall be used to pay the salary or expenses of any sponsor,or agent acting for such sponsor,related to any activity designed to influence legislation or appropriations pending before the U.S.Congress or any state legislature. E. Debarment and Certification.By signing the Agreement with RCO,the sponsor certifies that neither it nor its principals nor any other lower tier participant are presently debarred, suspended,proposed for debarment,declared ineligible or voluntarily excluded from participation in this transaction by Washington State Labor and Industries. Further, the sponsor agrees not to enter into any arrangements or contracts related to this Agreement with any party that is on the"Contractors not Allowed to Bid on Public Works Projects"list. SECTION 9. RECORDS q. Maintenance.The sponsor shall maintain books,records,documents,data and other evidence relating to this Agreement and performance of the services described herein,including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement.Sponsor shall retain such records for a period of six years from the date RCO deems the project complete,as defined in Section 11:Project Reimbursements. If any litigation,claim or audit is started before the expiration of the six(6)year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. g, Access to Records and Data.At no additional cost,the records relating to the Agreement, including materials generated under the Agreement,shall be subject at all reasonable times to inspection,review or audit by RCO,personnel duly authorized by RCO, the Office of the State Auditor,and federal and state officials so authorized by law, regulation or Agreement.This includes access to all information that supports the costs submitted for payment under the grant and all findings,conclusions,and recommendations of the sponsor's reports, including computer models and methodology for those models. C, Public Records.Sponsor acknowledges that the funding board is subject to RCW 42.56 and that this Agreement and any records sponsor submits or has submitted to the State shall be a public record as defined in RCW 42.56.RCO administers public records requests per WAC 286-06 and 420-04.Additionally,in compliance with RCW 77.85.130(8),sponsor agrees to disclose any information in regards to expenditure of any funding received from the SRFB. By submitting any record to the state sponsor understands that the State may be requested to disclose or copy that record under the state public records law,currently codified at RCW 42.56.The sponsor warrants that it possesses such legal rights as are necessary to permit the State to disclose and copy such document to respond to a request under state public records laws.The sponsor hereby agrees to release the State from any claims arising out of allowing such review or copying pursuant to a public records act request,and to indemnify against any claims arising from allowing such review or copying and pay the reasonable cost of state's defense of such claims. SECTION 10. PROJECT FUNDING A. Authority.This agreement is funded through a grant award from the recreation and conservation funding board per WAC 286-13-050 and/or the salmon recovery funding board per WAC 420-04-050.The director of RCO enters into this agreement per delegated authority in RCW 79A.25.020 and 77.85.120. B. Additional Amounts.The funding board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement,unless an additional amount has been approved in advance by the funding board or director and incorporated by written amendment into this Agreement. C. Before the Agreement. No expenditure made,or obligation incurred,by the sponsor before the project start date shall be eligible for grant funds, in whole or in part,unless specifically provided for by funding board policy,such as a waiver of retroactivity or program specific eligible pre-Agreement costs. For reimbursements of such costs,this Agreement must be fully executed and an original received by RCO.The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. D. Requirements for Federal Subawards. Pre-agreements costs before the federal award date in Section F: Project Funding are ineligible unless approved by the federal award agency(2 C.F.R§200.458(2013)). RCO 14-1949P Page 10 of 29 E. After the Period of Performance.No expenditure made,or obligation incurred,following the period of performance shall be eligible,in whole or in part,for grant funds hereunder. In addition to any remedy the funding board may have under this Agreement,the grant amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 11. PROJECTREIMBURSEMENTS A. Reimbursement Basis.This Agreement is administered on a reimbursement basis per WAC 286-13 and/or 420-12.The sponsors may only request reimbursement for eligible and allowable costs incurred during the period of pertormance.The sponsor may only request reimbursement after(1)this Agreement has been fully executed and(2)the sponsor has remitted payment to its vendors.RCO will authorize disbursement of project funds only on a reimbursable basis at the percentage as defined in Section F:Project Funding.Reimbursement shall not be approved for any expenditure not incurred by the sponsor or for a donation used as part of its matching share.RCO does not reimburse for donations,which the sponsor may use as part of its percentage.All reimbursement requests must include proper documentation of expenditures as required by RCO. B. Reimbursement Request Frequency.Sponsors are encouraged to send RCO a reimbursement request at least quarterly. Sponsors are required to submit a reimbursement request to RCO,at a minimum for each project at least once a year for reimbursable activities occurring between July 1 and June 30 or as identified in the milestones.Sponsors must refer to the most recently published/adopted RCO policies and procedures regarding reimbursement requirements. C. Compliance and Payment.The obligation of RCO to pay any amount(s)under this Agreement is expressly conditioned on strict compliance with the terms of this Agreement by the sponsor. D. Retainage Held Until Project Complete. RCO reseroes the right to withhold disbursement of up to the final ten percent(10%)of the total amount of the grant to the sponsor until the project has been completed.A project is considered"complete"when: 1.All approved or required activities outlined in the Agreement are done; 2.On-site signs are in place(if applicable); 3.Afinal project report is submitted to and accepted by RCO; 4.Any other required documents are complete and submitted to RCO; 5.A final reimbursement request is submitted to RCO; 6.The completed project has been accepted by RCO; 7.Final amendments have been processed;and 8. Fiscal transactions are complete. 9.RCO has accepted a final boundary map,if required for the project,for which the Agreement terms will apply in the future. E. Requirements for Federal Subawards:Match.The sponsor's matching share must comply with 2 C.F.R. §200.306(2013).Any shared costs or matching funds and all contributions,including cash and third party in-kind contributions,must be accepted as part of the sponsor's matching share when such contnbutions meet all of the following criteria: 1.Are verifiable from the non-Federal entity's(sponsor's)records; 2.Are not included as contributions for any other Federal award; 3.Are necessary and reasonable for accomplishment of project or program objectives; 4.Are allowable under 2 C.F.R. Part 200,Subpart E-Cost Principles(2013): 5.Are not paid by the Federal Government under another Federal award, except where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs; 6.Are provided for in the approved budget when required by the Federal awarding agency identified in Section G: Federal Fund Information of this Agreement;and 7.Conform to other provisions of 2 C.F.R. Part 200,Subpart D-Post Federal Award Requirements(2013),as applicable. F. Requirements for Federal Subawards:Close out. Per 2 C.F.R§200.343(2013), the non-Federal entity(sponsor)must: ' 1.Submit,no later than 90 calendar days after the end date of the period of performance,all financial, performance,and other reports as required by the terms and conditions of the Federal award.The Federal awarding agency or pass-through entity(RCO) may approve extensions when requested by the sponsor. 2.Liquidate all obligations incurred under the Federal award not later than 90 calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award. 3.Refund any balances of unobligated cash that the Federal awarding agency or pass-through entity(RCO)paid in advance or paid and that are not authorized to be retained by the non-Federal entity(sponsor)for use in other projects.See OMB Circular A-129 and see 2 C.F.R§200.345 Collection of amounts due(2013),for requirements regarding unreturned amounts that become delinquent debts. 4.Account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 C.F.R§§200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property(2013). SECTION 12. ADVANCEPAYMENTS Advance payments of or in anticipation of goods or services are not allowed unless approved by the RCO director and are consistent with legal requirements and Manual 8: Reimbursements.See WAC 420-12. RCO 14-1949P Page 11 of 29 SECTION 13. RECOVERY OF PAYMENTS A. Recovery for Noncompliance. In the event that the sponsor fails to expend funds under this Agreement in accordance with state and federal laws,and/or the provisions of the Agreement,or meet its percentage of the project total, RCO reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. B. Overpayment Payments.The sponsor shall reimburse RCO for any overpayment or erroneous payments made under the Agreement. Repayment by the sponsor of such funds under this recovery provision shall occur within 30 days of demand by RCO. Interest shall accrue at the rate of lwelve percent(12%)per annum from the time that payment becomes due and owing. C. Requirements for Federal Subawards.The pass-through entity(RCO)may impose any of the remedies as authorized in 2 C.F.R §§200.207 Specific conditions and/or 200.338 Remedies for noncompliance(2013). SECTIONI4. COVENANTAGAINSTCONTINGENTFEES The sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement on an Agreement or understanding for a commission, percentage,brokerage or contingent fee,excepting bona fide employees or bona fide established agents maintained by the sponsor for the purpose of securing business. RCO shall have the right,in the event of breach of this clause by the sponsor,to terminate this Agreement without liability or, in its discretion,to deduct from the Agreement grant amount or consideration or recover by other means the full amount of such commission, percentage,brokerage or contingent fee. SECTION 15. INCOME AND USE OF INCOME q. RCFB Projects.See WAC 286-13-110 for additional requirements for projects funded from the RCFB. g. Income. 1. Compatible source.The source of any income generated in a funded project or project area must be compatible with the funding source and the Agreement. 2. Fees. User and/or other fees may be charged in connection with land acquired or facilities developed,maintained, renovated,or restored with funding board grants if the fees are consistent with the: (a) Value of any service(s)furnished; (b) Value of any opportunities furnished;and (c) Prevailing range of public fees in the state for the activity involved. (d) Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter)for which a facility/range fee must not be charged(RCW 79A.25.210). �. Use of income. Regardless of whether income or fees in a project work site(including entrance,utility corridor permit,cattle grazing,timber harvesting,farming, etc.)are gained during or after the reimbursement period cited in the Agreement, unless precluded by state or federal law,the revenue may only be used to offset: 1. The sponsor's matching resources; 2. The project's total cost; 3. The expense of operation,maintenance,stewardship,monitonng,and/or repair of the facility or program assisted by the funding board grant; 4. The expense of operation,maintenance,stewardship,monitoring,and/or repair of other similar units in the sponsor's system; and/or 5. Capital expenses for similar acquisition and/or development and renovation. p. Requirements for Federal Subawards. Sponsors must also comply with 2 C.F.R. §200.307 Program income(2013). SECTION 16. PROCUREMENTREQUIREMENTS A. Procurement Requirements. If Sponsors have a procurement process that follows applicable state and/or required federal procurement principles,it must be followed. If no such process exists the sponsor must follow these minimum procedures: 1. Publish a notice to the public requesting bids/proposals for the project; 2. Specify in the notice the date for submittal of bids/proposals; 3. Specify in the notice the general procedure and criteria for selection;and 4. Comply with the same legal standards regarding unlawful discrimination based upon race,ethnicity, sex,or sex-orientation that a�e applicable to state agencies in selecting a bidder or proposer. This procedure creates no nghts for the benefit of third parties,including any proposers,and may not be enforced or subject to review of any kind or manner by any other entity other than the RCO.Sponsors may be required to certify to the RCO that they have followed any applicable state and/or federal procedures or the above minimum procedure where state or federal procedures do not apply. RCO 14-1949P Page 12 of 29 B. Requirements for Federal Subawards. 1. For all Federal subawards except RTP projects, non-Federal entities(sponsors)must follow 2 C.F.R§§200.318 General procurement standards through 200.326 Contract Provisions(2013). 2. For RTP subawards,sponsors follow such policies and procedures allowed by the State when procuring property and services under a Federal award(2 C.F.R§ 1201.317(2013)).State procurement poliaes are in subsection A of this section. SECTIONI7. TREATMENTOFEQUIPMENT A. Discontinued Use. Equipment shall remain in the possession of the sponsor for the duration of the project or applicable grant program.When the sponsor discontinues use of the equipment for the purpose for which it was funded, RCO will require the sponsor to deliver the equipment to RCO,dispose of the equipment according to RCO policies,or return the fair market value of the equipment to RCO.Equipment shall be used only for the purpose of this Agreement,unless otherwise provided herein or approved by RCO in writing. B. Loss or Damage.The sponsor shall be responsible for any loss or damage to equipment which results from the negligence of the sponsor or which results from the failure on the part of the sponsor to maintain and administer that equipment in accordance with sound management practices. C. Requirements for Federal Subawards.Except RTP, procedures for managing equipment(including replacement equipment), whether acquired in whole or in part under a Federal award,until disposition takes place will,as a minimum,meet the following requirements(2 C.F.R§200.313(2013)): �, Property records must be maintained that include a description of the property, a serial number or other identification number,the source of funding for the property(including the FAIN),who holds title,the acquisition date,and cost of the property,percentage of Federal participation in the project costs for the Federal award under which the property was acquired,the location,use and condition of the property,and any ultimate disposition data including the date of disposal and sale price of the property. 2. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. 3, A control system must be developed to ensure adequate safeguards to prevent loss,damage,or theft of the property.Any loss,damage,or theft must be investigated. 4. Adequate maintenance procedures must be developed to keep the property in good condition. 5. If the non-Federal entity is authorized or required to sell the property,proper sales procedures must be established to ensure the highest possible return. D. Requirements for RTP Subawards.The subrecipient(sponsor)shall follow such policies and procedures allowed by the State with respect to the use,management and disposal of equipment acquired under a Federal award(2 C.F.R§1201.313(2013)). SECTION 18. RIGHT OF INSPECTION The sponsor shall provide right of access to the project to RCO,or any of its officers,or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times,in order to monitor and evaluate performance,compliance, and/or quality assurance under this Agreement. If a landowner agreement or other form of control and tenure as described in Section 22.B:Control and Tenure has been executed,it will further stipulate and define the funding board and RCO's right to inspect and access lands acquired or developed with funding board assistance. SECTION 19. STEWARDSHIPANDMONITORING Sponsor agrees to perForm monitoring and stewardship functions as stated in policy documents approved by the funding boards or RCO. Sponsor further agrees to utilize,where applicable and financially feasible,any monitoring protocols recommended by the funding board. SECTION 20. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence(including preferential reservation, membership,and/or permit systems)except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so,the funding board discourages the imposition of differential fees. Fees for nonresidents must not exceed twice the fee imposed on residents.Where there is no fee for residents but a fee is charged to nonresidents,the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. SECTION 21. ACKNOWLEDGMENT AND SIGNS A. Publications.The sponsor shall include language which acknowledges the funding contribution of the applicable grant program to this project in any release or other publication developed or modified for,or referring to,the project during the project period and in the future. B. Signs.The sponsor also shall post signs or other appropriate media during the project period of performance and in the future at project entrances and other locations on the project which acknowledge the applicable grant program's funding contribution, unless exempted in funding board policy or waived by the director. RCO 14-1949P Page 13 of 29 C. Ceremonies.The sponsor shall notify RCO no later than two weeks before a dedication ceremony for this project. The sponsor shall verbally acknowledge the applicable grant program's funding contribution at all dedication ceremonies. D. Federally Funded Projects.When issuing statements, press releases, requests for proposals, bid solicitations,and other documents describing a project funded in whole or in part with federal money provided for in this grant,sponsors shall clearly state: 1. Thefund source; 2. The percentage of the total costs of the project that is financed with federal money; 3. The dollar amount of federal funds for the project;and 4. The percentage and dollar amount of the total costs of the project that is financed by nongovernmental sources. SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT,MAINTENANCE,RENOVATION AND RESTORATION PROJECTS The follov�nng provisions shall be in force only if the project described in this Agreement is for construction of land or facilities in a development, maintenance, renovation or restoration project: q. Document Review and Approval.The sponsor agrees to submit one copy of all construction plans and specifications to RCO for review prior to implementation or as otherwise identified in the milestones. Review and approval by RCO will be for compliance with the terms of this Agreement.Only change orders that impact the amount of funding or changes to the scope of the project as described to and approved by the funding board or RCO must receive prior written approval. g, Control and Tenure.The sponsor must provide documentation that shows appropriate tenure(landowner agreement,long-tertn lease,easement,or fee simple ownership)for the land proposed for construction.The documentation must meet current RCO requirements identified in the appropriate grant program policy manual as of the effective date of this Agreement. C. Nondiscrimination.Except where a nondiscrimination clause required by a federal funding agency is used,the sponsor shall insert the following nondiscrimination clause in each contract for construction of this project: "During the performance of this contract, the contractor agrees to comply with all federal and state nondiscrimination laws,regulations and policies." p. Use of Best Management Practices.Sponsors are encouraged to use best management practices developed as part of the Washington State Aquatic Habitat Guidelines(AHG)Program.AHG documents include"Integrated Streambank Protection Guidelines", 2002;"Protecting Nearshore Habitat and Functions in Puget Sound", 2010;"Stream Habitat Restoration Guidelines", 2012;"Water Crossing Design Guidelines",2013;and"Marine Shoreline Design Guidelines", 2014.These documents,along with new and updated guidance documents,and other information are available on the AHG Web site.Sponsors are also encouraged to use best management practices developed by the Washington Invasive Species Council(WISC)described in"Reducing Accidental Introductions of Invasive Species"which is available on the WISC Web site. SECTION23. PROVISIONSAPPLYINGTOACQUISITIONPROJECTS The following provisions shall be in force only if the project described in this Agreement is an acquisition project: A. Evidence of Land Value. Before disbursement of funds by RCO as provided under this Agreement,the sponsor agrees to supply documentation acceptable to RCO that the cost of the property rights acquired has been established according to funding board policy. B. Evidence of Title.The sponsor agrees to provide documentation that shows the type of ownership interest for the property that has been acquired.This shall be done before any payment of financial assistance. C. Legal Description of Real Property Rights Acquired.The legal description of the real property rights purchased with funding assistance provided through this project Agreement(and protected by a recorded conveyance of rights to the State of Washington)shall be incorporated into the Agreement before final payment. D. Conveyance of Rights to the State of Washington.When real property rights(both fee simple and lesser interests)are acquired, the sponsor agrees to execute an appropriate document conveying certain rights and responsibilities to RCO,on behalf of the State of Washington.These documents include a Deed of Right,Assignment of Rights, Easements and/or Leases as described below.The sponsor agrees to use document language provided by RCO,to record the executed document in the County where the real property lies,and to provide a copy of the recorded document to RCO.The document required�nnll vary depending on the I project type,the real property rights being acquired and whether or not those rights are being acquired in perpetuity. 1. Deed of Right.The Deed of Right conveys to the people of the state of Washington the right to preserve, protect,and/or use the property for public purposes consistent with the fund source.See WAC 420-12 or 286-13.Sponsors shall use this document when acquiring real property rights that include the underlying land.This document may also be applicable for those easements where the sponsor has acquired a perpetual easement for public purposes. 2. Assignment of Rights.The Assignment of Rights document transfers certain rights such as access and enforcement to RCO.Sponsors shall use this document when an easement or lease is being acquired for habitat conservation or salmon recovery purposes.The Assignment of Rights requires the signature of the underlying landowner and must be incorporated by reference in the easement document. 3. Easements and Leases.The sponsor may incorporate required language from the Deed of Right or Assignment of Rights directly into the easement or lease document,thereby eliminating the requirement for a separate document. Language will depend on the situation;sponsor must obtain RCO approval on the draft language prior to executing the easement or lease. RCO 14-1949P Page 14 of 29 E. Real Property Acquisition and Relocation Assistance 1. Federal Acquisition Policies.When federal funds are part of this Agreement,the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,84 Stat. 1894 (1970)--Public Law 91-646,as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987,and applicable regulations and procedures of the federal agency implementing that Act 2. State Acquisition Policies.When state funds are part of this Agreement,the sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8.26 RCW,and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs,as required by federal law set out in subsection(1) above and/or state law set out in subsection(2)above,are involved in the execution of this project,the sponsor agrees to provide any housing and relocation assistance required. F. Buildings and Structures. In general,grant funds are to be used for outdoor recreation,habitat conservation,or salmon recovery. Sponsors agree to remove or demolish ineligible structures. Sponsors must consult RCO regarding compliance with Section 8.C.: Archaeological and Cultural Resources before structures are removed or demolished. G. Hazardous Substances. 1. Certification.The sponsor shall inspect, investigate,and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances,as defined in RCW 70.105D.020(10),and certify: a.No hazardous substances were found on the site,or b.Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and federal laws,and the site deemed"clean." 2. Responsibdity. Nothing in this provision alters the sponsor's duties and liabilities regarding hazardous substances as set forth in RCW 70.105D. 3. Hold Harmless.The sponsor will defend, protect and hold harmless RCO and any and all of its employees and/or agents, from and against any and all liability,cost(including but not limited to all costs of defense and attorneys'fees)and any and all loss of any nature from any and all claims or suits resulting from the presence of,or the release or threatened release of, hazardous substances on the property the sponsor is acquiring. H. Requirements for Federal Subawards.The non-Federal entity(sponsor)must submit reports at least annually on the status of real property in which the Federal Government retains an interest, unless the Federal interest in the real property extends 15 years or longer. In those instances where the Federal interest attached is for a period of 15 years or more,the Federal awarding agency or the pass-through entity(RCO),at its option,may require the sponsor to report at various multi-year frequencies(e.g., every two years or every three years,not to exceed a five-year reporting period;or a Federal awarding agency or RCO may require annual reporting for the first three years of a Federal award and thereafter require reporting every five years)(2 C.F.R§ 200.329(2013)). SECTION 24. RESTRICTION ON CONVERSION OF REAL PROPERTY ANDIOR FACILITIES TO OTHER USES The sponsor shall not at any time convert any real property(including any interest therein)or facility acquired,developed, maintained, renovated,and/or restored pursuant to this Agreement to uses other than those purposes for which funds were approved without prior approval of the funding board in compliance with applicable statutes, rules,and funding board policies.Also see WAC Title 286 or 420. It is the intent of the funding board's conversion policy,current or as amended in the future,that all real property or facilities acquired,developed,renovated,and/or restored with funding assistance remain in the public domain in perpetuity unless otherwise identified in the Agreement or as approved by the funding board.Determination of whether a conversion has occurred shall be based upon applicable law and RCFB/SRFB policies. For acquisition projects that are term limited,such as one involving a lease or a term-limrted restoration, renovation or development project or easement,this restriction on conversion shall apply only for the length of the term, unless othervuise provided in written documents or required by applicable state or federal law. In such case,the restriction applies to such projects for the length of the term speafied by the lease, easement,deed,or landowner agreement. When a conversion has been determined to have occurred,the sponsor is required to remedy the conversion per established funding board policies. SECTION 25. CONSTRUCTION,OPERATION,USE AND MAINTENANCE OF ASSISTED PROJECTS The following provisions shall be in force only if the project described in this Agreement is an acquisition,development,maintenance, renovation or restoration project: A. Property and facility operation and maintenance.Sponsor must ensure that properties or facilities assisted with funding board funds, including undeveloped sites,are built, operated,used,and maintained: 1. According to applicable federal,state,and local laws and regulations,including public health standards and building codes. 2. In a reasonably safe condition for the projecYs intended use. 3. Throughout its estimated useful service life so as to prevent undue deterioration. 4. In compliance with all federal and state nondiscrimination laws, regulations and policies. RCO 14-1949P Page 15 of 29 B. Open to the public. Facilities open and accessible to the general public must: 1. Be constructed and maintained to meet or exceed the minimum requirements of the most current local or state codes, Uniform Federal Accessibility Standards,guidelines,or rules, including but not limited to:the International Building Code, the Americans with Disabilities Act,and the Architectural Barriers Act, as updated. 2. Appear attractive and inviting to the public except for brief installation,construction,or maintenance periods. 3. Be available for use by the general public without reservation at reasonable hours and times of the year,according to the type of area or facility. SECTION 26. PROVISIONS RELATED TO CORPORATE(INCLUDING NONPROFIT)SPONSORS A corporate sponsor,including any nonprofit sponsor,shall: A. Maintain corporate status with the state, including registering with the Washington Secretary of State's office,throughout the sponsor's obligation to the project as identified in the Agreement. B. Notify RCO prior to corporate dissolution at any time during the period of performance or long-term obligations.Within 30 days of dissolution the sponsor shall name a qualified successor that will agree in writing to assume any on-going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. RCO will process an amendment transferring the sponsor's obligation to the qualified successor if requirements are met. C. Sites or facilities open to the public may not require exclusive use,(e.g.,members only). SECTION 27. PROVISIONS FOR FEDERAL SUBAWARDS ONLY The following provisions shall be in force only if the project described in this Agreement is funded with a federal subaward as identified in Section G: Federal Fund Information. q. Equal Employment Opportuniry. Except as othervvise provided under 41 C.F.R. 60,all contracts that meet the definition of "federally assisted construction contracY'in 41 C.F.R.§60-1.3 must include the equal opportunity clause provided under 41 C.F.R.§60-1.4(b),in accordance with Executive Order 11246,"Equal Employment Opporturnty"(30 Fed. Reg. 12319, 12935, 3 C.F.R. 1964, 1965 Comp.,p.339),as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 C.F.R. §60,"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." Federally assisted construction contract means any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant,contract, loan, insurance,or guarantee,or undertaken pursuant to any Federal program involving such grant,contract,loan,insurance,or guarantee,or any application or modification thereof approved by the Government for a grant,contract,loan,insurance,or guarantee under which the applicant itself participates in the construction work.(41 C.F.R.§60-1.3) Construction work means the construction,rehabilitation,alteration,conversion, extension,demolition or repair of buildings, highways,or other changes or improvements to real property,including facilities providing utility services.The term also includes the supervision,inspection,and other onsite functions incidental to the actual construction.(41 C.F.R.§60-1.3) B. Davis-Bacon Act,as amended(40 U.S.C. 3141-3148).When required by Federal program legislation,all prime construction contracts in excess of$2,000 awarded by non-Federal entities(sponsors)must include a provision for compliance with the Davis-Bacon Act(40 U.S.C.3141-3144,and 3146-3148)as suppiemented by Department of Labor regulations(29 C.F.R. §5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,contractors must be required to pay wages not less than once a week.The non-Federal entity(sponsor)must place a copy of the current prevailing wage determination issued by the Department of Labor in each soliatation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity(sponsor)must report all suspected or reported violations to the Federal awarding agency identified in Section G: Federal Fund Information. The contracts must also include a provision for compliance with the Copeland"Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations(29 C.F.R Part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient(sponsor)must be prohibited from inducing,by any means, any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled.The non-Federal entity (sponsor)must report all suspected or reported violations to the Federal awarding agency identified in Section G:Federal Fund Information. il RCO 14-1949P Page 16 of 29 C. Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable,all contracts awarded by the non-Federal entity(sponsor)in excess of$100,000 that involve the employment of inechanics or laborers must include a provision for compliance with 40 U.S.C.3702 and 3704,as suppiemented by Department of Labor regulations(29 C.F.R. Part 5). Under 40 U.S.C. 3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissibte provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open maricet,or contracts for transportation or transmission of intelligence. D. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreemenY' under 37 C.F.R§401.2(a)and the recipient or subrecipient(sponsor)wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental,or research work under that"funding agreement,"the recipient or subrecipient(sponsor)must comply with the requirements of 37 C.F.R Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. E. Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387),as Amended. Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency idenfified in Section G:Federal Fund Information and the Regional Office of the Environmental Protection Agency(EPA). F. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352).Contractors that apply or bid for an award exceeding$100,000 must file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the non-Federal award. G. Procurement of Recovered Materials.A non-Federal entity(sponsor)that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act.The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency(EPA)at 40 C.F.R part 247 that contain the highest percentage of recovered materials practicable,consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000; procuring solid waste management senrices in a manner that maximizes energy and resource recovery;and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. H. Required Insurance.The non-Federal entity(sponsor)must,at a minimum,provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity. Federally-owned property need not be insured unless required by the terms and conditions of the Federal award(2 C.F.R§ 200.310(2013)). I. Debarment and Suspension(Executive Orders 12549 and 12689).The sponsor must not award a contract (see 2 C.F.R§ 180.220)to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the Office of Management and Budget(OMB)guidelines at 2 C.F.R§ 180 that implement Executive Orders 12549(3 C.F.R part 1986 Comp., p. 189)and 12689(3 C.F.R part 1989 Comp.,p.235),"Debarment and Suspension."SAM Exclusions contains the names of parties debarred,suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. RCO 14-1949P Page 17 of 29 SECTION 28. PROVISIONS FOR FIREARMS AND ARCHERY RANGE RECREATION PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Firearms and Archery Range Recreation Account. A. Liability Insurance.The sponsor of a firearms or archery range recreation project shall procure an endorsement,or other addition, to liability insurance it may currently carry,or shall procure a new policy of liability insurance,in a total coverage amount the sponsor deems adequate to ensure it will have resources to pay successful Gaims of persons who may be killed or in�ured,or suffer damage to property,while present at the range faality to which this grant is related,or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars($1,000,000)for the death of,or injury to,each person. B. Insurance Endorsement.The liabiliry insurance policy,including any endorsement or addition,shall name Washington State,the funding board,and RCO as additional insured and shall be in a form approved by the funding board or director. C. Length of Insurance.The policy,endorsement or other addition,or a simitar liability insurance policy meeting the requirements of this section,shall be kept in force throughout the sponsor's obligation to the project as identified in this Agreement in Section E: On-going Obligation. D. Notice of Cancellation.The policy,as modified by any endorsement or other addition,shall provide that the issuing company shall give written notice to RCO not less than thirty(30)calendar days in advance of any cancellation of the policy by the insurer,and within ten(10)calendar days following any termination of the policy by the sponsor. E. Government Agencies.The requirement of Subsection A through D above shall not apply if the sponsor is a federal,state,or municipal government which has established a program of self-insurance or a policy of self-insurance with respect to claims arising from its facilities or activities generally,including such facilities as firearms or archery ranges,when the applicant declares and describes that program or policy as a part of its application to the funding board. F. Sole Dury of the Sponsor. By this requirement,the funding board and RCO does not assume any duty to any individual person with respect to death,injury,or damage to property which that person may suffer while present at,or in the vicinity of,the facility to which this grant relates.Any such person,or any other person making claims based on such death, injury,or damage,must look to the sponsor,or others,for any and all remedies that may be available by law. SECTION 29. PROVISIONS FOR LAND AND WATER CONSERVATION FUND PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Land and Water Conservation Fund. If the project has been approved by the National Park Service,US Department of the Interior,for funding assistance from the federal Land and Water Conservation Fund(LWCF),the"Project Agreement General Provisions"in the LWCF State Assistance Program Federal Financial Assistance Manual are also made part of this Agreement and incorporated herein.The sponsor shall abide by these LWCF General Provisions, in addition to this Agreement,as they now exist or are hereafter amended. Further,the sponsor agrees to provide RCO with reports or documents needed to meet the requirements of the LWCF General Provisions. SECTION 30. PROVISIONS FOR FARMLAND PRESERVATION ACCOUNT PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Washington Wildlife and Recreation Program Farmland Preservation Account. For projects funded through the Washington Wildlife and Recreation Program Farmland Preservation Account,the following sections will not apply if covered separately in a recorded RCO approved Agricultural Conservation Easement: A.Section 15-Income and Income Use; B.Section 19-Stewardship and Monitoring; C.Section 21 -Acknowledgement and Signs; D.Section 23-Provisions applying to Acquisition Projects,Sub-sections D, F,and G; E.Section 24-Restriction on Conversion of Real Property and/or Facilities to Other Uses;and F. Section 25-Construction,Operation and Maintenance of Assisted Projects. SECTION 31. PROVISIONS FOR SALMON RECOVERY FUNDING BOARD PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded by the SRFB. For habitat restoration projects funded in part or whole with federal funds administered by the SRFB the sponsor shall not commence with clearing of riparian trees or in-water work unless either the sponsor has complied with 50 C.F.R.§223.203(b)(8)(2000),limit 8 or until an Endangered Species Act consultation is finalized in writing by the National Oceanic and Atmospheric Administration. Violation of this requirement may be grounds for terminating this project Agreement.This section shall not be the basis for any enforcement responsibility by RCO. RCO 14-1949P Page 18 of 29 SECTION 32. PROVISIONS FOR PUGET SOUND ACQUISITION AND RESTORATION PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Puget Sound Acquisition and Restoration program. The sponsor agrees to the following terms and conditions: A. Cost Principles/Indirect Costs for State Agencies. Sub-Recipient(sponsor)will comply with the cost principles of 2 C.F.R. Part 200 Subpart E (2013). Unless otherwise indicated,the cost principles apply to the use of funds provided under this Agreement and in-kind matching donations.The applicability of the cost principles depends on the type of organization incurring the costs. B. Sub-recipient(sponsor)shall meet the provisions in Office of Management and Budget(OMB)Guidance,Subpart F,§200.501 (Audit Requirements),if the sponsor expends$750,000 or more in total Federal funds in a fiscal year.The$750,000 threshold for each year is a cumulative total of all federal funding from all sources.The sponsor shall forward a copy of the audit along with the sponsor's response and the final corrective action plan to RCO within ninety(90)days of the date of the audit report. For complete information on how to accomplish the single audit submissions,visit the Federal Audit Clearinghouse Web site:http://harvester.census.gov/facweb C. Credit and Acknowledgement. In addition to Section 21:Acknowledgement and Signs,materials produced must display both the Environmental Protection Agency(EPA)and Puget Sound Partnership(PSP)logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency.The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency,nor does mention of trade names or commercial products constitute endorsement or recommendation for use."This requirement is for the life of the product,whether during or after the Agreement period of performance. D. Hotel Motel Fire Safety Act. Sponsor agrees to ensure that all conference,meeting,convention,or training space funded in whole or part with federal funds,complies with the federal Hotel and Motel Fire Safety Act(PL 101-391,as amended).Sponsors may search the Hotel-Motel National Master List @ http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance or to find other information about the Act. E. Drug Free Workplace Certification.Sub-recipient(sponsor)shall make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R.Part 1536 Subpart B.Additionally, in accordance with these regulations,the recipient organization shall identify all known workplaces under its federal awards,and keep this information on file during the performance of the award.Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R.Part 1536 Subpart C.The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E. Recipients can access the Code of Federal Regulations(CFR)Title 2 Part 1536 at: http://ecfr.gpoaccess.gov. F. Management Fees.Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable.The term"management fees or similar charges"refers to the expenses added to direct costs in order to accumulate and reserve funds for ongoing business expenses,unforeseen liabilities or for other similar costs which are not allowable. Management fees or similar charges may not be used to improve or expand the project funded under this agreement,except for the extent authorized as a direct cost of carrying out the scope of work. G. Tra�cking in Persons and Trafficking Victim Protection Act of 2000(TVPA).This provision applies only to a Sub-recipient (sponsor),and all sub-awardees of sub-recipient(sponsor), if any.Sub-recipient(sponsor)shall include the following statement in all sub-awards made to any private entity under this Agreement. "You as the sub-recipient,your employees,sub-awardees under this award,and sub-awardees'employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect;or use forced labor in the performance of the award or sub-awards under this Award." Sub-recipient(sponsor),and all sub-awardees of sub-recipient(sponsor)must inform RCO immediately of any information you receive from any source alleging a violation of this prohibition during the award term. Federal agency funding this agreement may unilaterally terminate,without penalty, the funding award if this prohibition is violated,Section 106 of the Trafficking Uctims Protection Act of 2000,as amended. H. Lobbying.The chief executive officer of this recipient agency(sponsor)shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S.unless authorized under existing law.The recipient(sponsor)shall abide by their respective Cost Principles(OMB Circulars A-21,A-87, and A-122),which generally prohibits the use of federal grant funds for litigation against the U.S.or for lobbying or other political activities. The sponsor agrees to comply with 40 C.F.R. Part 34, New Restrictions on Lobbying. Sponsor shall include the tanguage of this provision in award documents for all sub-awards exceeding$100,000,and require that sub-awardees submit certification and disGosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment,any sponsor who makes a prohibited expenditure under 40 C.F.R. Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each expenditure. RCO 14-1949P Page 19 of 29 All contracts awarded by sponsor shall contain,when applicable,the anti-lobbying provisions as stipulated in the Appendix at 40 C.F.R. Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act,sponsor affirms that it is not a non-profit organization described in Section 501(c)(4)of the Internal Revenue Code of 1986;or that it is a non-profit organization described in Section 501(c)(4)of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. I. Reimbursement Limitation. If the sponsor expends more than the amount of RCO funding in this Agreement in anticipation of receiving additional funds from the RCO,it does so at its own risk. RCO is not legally obligated to reimburse the sponsor for costs incurred in excess of the RCO approved budget. J. Disadvantaged Business Enterprise Requirements.Sponsor agrees to comply with the requirements of EPA's Utilization of Small, Minority and Women's Business Enterprises in procurements made under this award. K. Minoriry and Women's Business Participation. Sponsor agrees to solicit and recruit,to the maximum extent possible,certified minority owned(MBE)and women owned(WBE)businesses in purchases and contracts initiated after the effective date of this Agreement. These goals are expressed as a percentage of the total dollars available for the purchase or Agreement and are as follows: Purchased Goods 8%MBE 4%WBE Purchased Services 10%MBE 4%WBE Professional Services 10%MBE 4%WBE Meeting these goals is voluntary and no Agreement award or rejection shall be made based on achievement or non-achievement of the goals.Achievement of the goals is encouraged, however,and sponsor and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: 1. Include qualified minority and women's businesses on solicitation lists. 2.Assure that qualified minority and women's business are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. 4.Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. 5.Use the services and assistance of the State Office of Minority and Women's Business Enterprises(OMWBE)and the Office of Minority Business Enterprises of the U.S. Department of Commerce,as appropriate. L. MBE/WBE Reporting. In accordance with the deviation from 40 C.F.R. §33.502,signed November 8,2013, DBE reporting is limited to annual reports and only required for assistance agreements where one or more the following conditions are met: 1.There are any funds budgeted in the contractual/services, equipment or construction lines of the award; 2.$3,000 or more is included for supplies;or 3.There are funds budgeted for subawards or loans in which the expected budget(s)meet the conditions as 4. Described in items(a)and(b). When completing the form,recipients(sponsors)should disregard the quarterly and semi-annual boxes in the reporting period section 1 B of the form. For annual submissions,the reports are due by October 30th of each year or 90 days after the end of the project period,whichever comes first. The reporting requirement is based on planned procurements. Recipients(sponsors)with funds budgeted for non-supply procurement and/or$3,000 or more in supplies are required to report,annually whether the planned procurements take place during the reporting period or not.If no procurements take place during the reporting period,the recipient should check the box in section 5B when completing the form. MBE/WBE reports should be sent to the DBE Coordinator in the sponsor's region.Contact information can be found at http://www.epa.gov/osbp/contactpage.htm.The coordinators can also answer any questions. Final MBE/WBE reports must be submitted�nnthin 90 days after the project period of the grant ends.To be in compliance with regulations,the sponsor must submit a final MBE/WBE report. Non-compliance may impact future competitive grant proposals.The current EPA From 5700-52A can be found at the EPA Office of Small Business Program's Home Page at http://www.epa.gov/osbp/dbe_reporting.htm. M. SIX GOOD FAITH EFFORTS,40 C.F.R.,Part 33,Subpart C. Pursuant to 40 C.F.R. §33.301,the sponsor agrees to make the following good faith efforts whenever procuring construction,equipment,services and supplies under an EPA financial assistance agreement,and to require that sub-recipients(sponsors),and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: 1.Ensure Disadvantaged Business Enterprise(DBEs)are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities.For Indian Tribal, State and Local and Government sponsors,this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2.Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules,where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process.This includes,whenever possible,posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3.Consider in the contracting process whether firms competing for large conUacts could subcontract with DBEs. For Indian Tribal, State and local Government sponsors,this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. RCO 14-1949P Page 20 of 29 � 4.Encourage contracting with a consortium of DBEs when an Agreement is too large for one of these firms to handle individually. 5.Use the services and assistance of the Small Business Administration(SBA)and the Minority Business Development of the Department of Commerce. 6. If the sponsor awards subcontracts, require the sponsor to take the steps in paragraphs(1)through(5)of this section. N. Lobbying&Litigation. By signing this agreement,the sponsor certifies that none of the funds received from this agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The chief executive officer of this sponsor agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law.The sponsor shall abide by its respective Attachment in 2 CF.R. Part 200,which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. For subawards exceeding$100,000, EPA requires the following certification and disclosure forms: Certification Regarding Lobbying, EPA Form 6600-06: http://www.epa.gov/ogd/AppKit/form/Lobbying_sec.pdf Disclosure of Lobbying Activities, SF LLL: http://www.epa.gov/ogd/AppKiUform/sflllin_sec.pdf Legal expenses required in the administration of Federal programs are allowable. Legal expenses for prosecution of claims against the Federal Government are unallowable. O. Payment to Consultants.EPA participation in the salary rate(excluding overhead)paid to individual consultants retained by recipients(sponsors)or by a recipients'(sponsor's)contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule(formerly GS-18),to be adjusted annually.This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate.This rate does not include transportation and subsistence costs for travel performed(the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 C.F.R.Parts 30 or 31,are not affected by this limitation unless the terms of the contract provide the recipient(sponsor)with responsibility for the selection, direction and control of the individual who will be providing services under the contract at an hourly or daily rate of compensation. See 40 C.F.R.§30.27(b)or 40 C.F.R.§31.369(j),as applicable,for additional information. As of January 1,2014,the limit is$602.24 per day$75.28 per hour. P. Peer Review.Where appropriate,prior to finalizing any significant technical products the Principal Investigator(PI)of this project must solicit advice,review,and feedback from a technical review or advisory group consisting of relevant subject matter specialists.A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. SECTION 33. PROVISIONS FOR ESTUARYAND SALMON RESTORATION PROGRAM-EPAAND MARINE SHORELINE The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon Restoration Program-EPA or the Marine Shoreline Protection program. The sponsor shall comply with all applicable federal,State,and local laws, rules,and regulations in carrying out the terms and conditions of this Agreement. A. Administrative Conditions 1. Cost Principles.The sponsor agrees to comply with the cost principles of 2 C.F.R Part 200(2013). Unless otherwise indicated,the Cost Principles apply to the use of funds provided under this Agreement and In-kind matching donations.The applicability of the Cost Principles depends on the type of organization incurring the costs. 2. Audit Requirements.The sponsor shall fully comply with requirements of 2 C.F.R. Part 200,Subpart F-Audit Requirements (2013),if applicable.See also Section F:Project Funding. 3. Hotel-Motel Fire Safety Act. Pursuant to 40 C.F.R. 30.18,if applicable,and 15 U.S.0 2225a,sponsor agrees to ensure that all space for conferences,meetings,conventions,or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act(PL 101-391,as amended.The sponsor may search the Hotel-Motel National Master List at: http://www.usfa.dhs.gov/applications/hotel to see if a property is in compliance(FEMA ID is currently not required),or to find other information about the Act. 4. Recycled Paper a. Institutions of Higher Education Hospitals and Non-Profit Organizations. In accordance with 40 C.F.R. 30.16,sponsor agrees to use recycled paper and double-sided printing for all reports which are prepared as a part of this Agreement and delivered to EPA.This requirement does not apply to reports prepared on forms supplied by EPA,or to Standard Forms,which are printed on recycled paper and are available through the General Services Administration. RCO 14-1949P Page 21 of 29 b. State Agencies and Political Subdivisions. In accordance with Section 6002 of the Resource Conservation and Recovery Act(RCRA)(42 U.S.C.6962)any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth.Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds$10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was$10,000 or more.RCRA Section 6002 requires that preference be given in procurement programs to the purchases of specific products containing recycled materials identified in guidelines developed by EPA.These guidelines are listed in 40 C.F.R. 247. c. State and Local Institutions of Higher Education and Non-Profit Organizations. In accordance with 40 C.F.R.§30.16, State and local institutions of higher education,hospitals,and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines. d. State Tribal and Local Government Recipients. In accordance with the policies set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management(January 24, 2007),the sponsor agrees to use recycled paper and double sided printing for all reports which are prepared a part of this Agreement and delivered to EPA.This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms,which are printed on recycled paper and are available through the General Services Administration. 5. Lobbying.The sponsor agrees to comply with Title 40 C.F.R. Part 34, New Restrictions on Lobbying.The sponsor shall include the language of this provision in award documents for all sub-awards exceeding$100,000,and require that sub-awardees submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment,any recipient who makes a prohibited expenditure under Title 40 C.F.R.Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each expenditure. See also Section 11:Compliance with Applicable Federal Laws. a. Part 30 Recipients.All contracts awarded by the sponsor shall contain,when applicable,the anti-lobbying provisions as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act,the sponsor affirms that it is not a non-profit organization described in Section 501(c)(4)of the Internal Revenue Code of 1986;or that it is a non-profit organization described in Section 501(c)(4)of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. b. Lobbying and Litigation. The sponsor's chief executive officer shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The sponsor shall abide by its respective Appendix in 2 C.F.R. Part 200,which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. 6. Suspension and Debarment.The sponsor shall fully compty with Subpart C of 2 C.F.R.Part 180 and 2 C.F.R.Part 1532, entitled'Responsibilities of Participants Regarding Transaction(Doing Business with Other Persons)'.The sponsor is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 C.F.R. Part 180 and 2 C.F.R. Part 1532,entitled'Covered Transactions',includes a term or condition requiring compliance with Subpart C.The sponsor is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions.The sponsor acknowledges that failing to disclose the information as required at 2 C.F.R.§180.335 may result in the delay or negation of this assistance agreement,or pursuance of legal remedies,including suspension and debarment. The sponsor may access the Excluded Parties List System at: http://www.epls.gov.This tertn and condition supersedes EPA Form 5700-49,'Certification Regarding Debarment,Suspension,and Other Responsibility Matters'. See also Section 27: Provisions for Federal Subawards Only. 7. Drug-Free Workplace Certification.The sponsor must make an ongoing,good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in 2 C.F.R. Part 1536 Subpart B.Additionally,in accordance with these regulations,the sponsor must identify all known workplaces under its federal award;and keep this information on file during the perFormance of the award. a. Sponsors who are individuals must comply with the drug-free provisions set forth in 2 C.F.R. Part 1536 Subpart C. b. The consequences for violating this condition are detailed under 2 C.F.R. Part 1536 Subpart E.The sponsor can access 2 C.F.R Part 1536 at http://ecfr.gpoaccess.gov. S. Management Fees. Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable.The term"management fees or similar charges"refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses,unforeseen liabilities,or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 9. Reimbursement Limitation. If the sponsor expends more than the grant amount in this Agreement in its approved budget in anticipation of receiving additional funds,it does so at its own risk.The Federal Government and RCO is not legally obligated to reimburse the sponsor for costs incurred in excess of the approved budget. See also Section 11:Project Reimbursements. RCO 14-1949P Page 22 of 29 �p. Trafficking in Persons.The following prohibition statement applies to the sponsor,and all sub-awardees of the sponsor.The sponsor must include this statement in all sub-awards made to any private entity under this Agreement. "YOU AS THE SUB-RECIPIENT, YOUR EMPLOYEES, SUB-AWARDEES UNDER THIS AWARD,AND SUB-AWARDEES' EMPLOYEES MAY NOT ENGAGE IN SEVERE FORMS OF TRAFFICKING IN PERSONS DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT; PROCURE A COMMERCIAL SEX ACT DURING THE PERIOD OF TIME THAT THE AWARD IS IN EFFECT;OR USE FORCED LABOR IN THE PERFORMANCE OF THE AWARD OR SUB-AWARDS UNDER THIS AWARD." ��, Disadvantaged Business Enterprise Requirements, General Compliance.The sponsor agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements,contained in 40 C.F.R. Part 33. 12. Sub-Awards. If the sponsor makes sub-awards under this Agreement,the sponsor is responsible for selecting its sub-awardees and, if applicable,for conducting sub-award competitions.The sponsor agrees to: a. Establish all sub-award agreements in writing; b. Maintain primary responsibility for ensuring successful completion of the approved project (SPONSORS CANNOT DELEGATE OR TRANSFER THIS RESPONSIBILITY TO A SUB-AWARDEE); c. Ensure that any sub-awards comply with the standards in 2 C.F.R. Part 200,and are not used to acquire commercial goods or services for the sub-awardee; d. Ensure that any sub-awards to 501(c)(4)organizations do not involve lobbying activities; e. Monitor the performance of sub-awardees,and ensure sub-awardees comply with all applicable regulations,statutes, and terms and conditions which flow down in the sub-award; f. Obtain RCO's consent before making a sub-award to a foreign or international organization,or a sub-award to be performed in a foreign country;and g. Obtain approval from RCO for any new sub-award work that is not outlined in the approved work plan in accordance with 40 C.F.R.Parts 30.25 and 31.30,as applicable. 13. Federal Employees.No Subcontract or grant funds may be used to provide any Federal Employee transportation assistance, reimbursement,and any other expense. 14. Fly America Act.The sponsor agrees to comply with 49 U.S.C.40118(the"Fly America"act)in accordance with the General Services Administration's regulations at 41 C.F.R. Part 301-10,which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of their personal effects or property,to the extent such service is available,unless Vavel by foreign air carrier is a matter of necessity,as defined by the Fly America Act.The sponsor shall submit,if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by U.S.flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements.The sponsor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. �5 Recovered Materials.The sponsor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act(RCRA),as amended(42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 C.F.R. Part 247,and Executive Order 12873,as they apply to the procurement of the items designated in Subpart B of 40 C.F.R.Part 247.See also Section 27:Provisions for Federal Subawards Only. �6 Copeland"Anti-Kickback"Act.All contracts and subgrants in excess of$2,000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland"Anti-Kickback"Act(18 U.S.C.874), as supplemented by Department of Labor regulations(29 C,F,R, Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient shall be prohibited from inducing,by any means,any person employed in the construction, completion,or repair of public work,to give up any part of the compensation to which he is otherwise entitled.The recipient shall report all suspected or reported violations to the Federal awarding agency.See also Section 27:Provisions for Federal Subawards Only. �� Davis-Bacon Act,as amended(40 U.S.C.276a to a-7).When required by Federal program legislation,all construction contracts awarded by the recipients and subrecipients of more than$2,000 shall include a provision for compliance with the Davis-Bacon Act(40 U.S.C.276a to a-7)and as supplemented by Department of Labor regulations(29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act,contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition,contractors shall be required to pay wages not less than once a week.The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination.The recipient shall report all suspected or reported violations to the Federal awarding agency.See also Section 27:Provisions for Federal Subawards Only. RCO 14-1949P Page 23 of 29 �g. Contract Work Hours and Safety Standards Act(40 U.S.C.327-333). Where applicable,all contracts awarded by recipients in excess of$2000 for construction contracts and in excess of$2,500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.327-333),as supplemented by Department of Labor regulations(29 C.F.R. Part 5). Under Section 102 of the Act,each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence.See also Section 27: Provisions for Federal Subawards Only. 19. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental,or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 C.F.R. Part 401,"Rights to Inventions made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. See also Section 27: Provisions for Federal Subawards Only. 20. FY12 APPR ACT: Unpaid Federal Tax liabilities and Federal Felony Convictions.This Agreement is subject to the provisions contained in the Department of Interior, Environment,and Related Agencies Appropriations Act,2012, HR 2055, Division E, Sections 433 and 434 regarding unpaid federal tax liabilities and federal felony convictions.Accordingly,by accepting this award the recipient acknowledges that it(1)is not subject to any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed,and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,and(2)has not been convicted(or had an officer or agent acting on its behalf convicted)of a felony criminal conviction under and Federal law within 24 months preceding the award, unless EPA has considered suspension or debarment of the corporation,or such officer or agent,based on these tax liabilities or convictions and determined that such action is not necessary to such action is not necessary to protect the Government's interests. If the recipient fails to comply with these provisions,EPA will annul this agreement and may recover any funds the recipient has expended in violation of sections 433 and 434. B. Programmatic Conditions: 1. Semi-Annual FEATS Performance Reports. The sponsor is required to submit performance reports every six months, unless a different reporting frequency is outlined in the Scope of Work, using the reporting tool supplied by RCO.The sponsor agrees to include brief information on each of the following areas: a. Comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; b. The reasons for slippages if the established outputs/outcomes were not met;AND c. Additional pertinent information,including when appropriate,analysis and information of cost overruns or high unit costs. Reporting periods are from October 1 to March 31 and April 1 to September 30. Performance reports are due to RCO 15 days after the end of each reporting period. 2. Final Performance Report. In addition to the periodic performance reports, the sub-recipient will submit a final performance report to RCO within 60 calendar days after the expiration or termination of the award.The report shall be submitted to the RCO Grant Manager and must be provided electronically.The report shall generally contain the same information as in the periodic reports,but should cover the entire project period. 3. Recognition of EPA Funding. Reports,documents,signage,videos,or other media,developed as part of projects funded by this Agreement shall contain the follo�nnng statement: "THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDER ASSISTANCE AGREEMENT TO WASHINGTON DEPARTMENT OF FISH AND WILDLIFE.THE CONTENTS OF THIS DOCUMENT DO NOT NECESSARILY REFLECT THE VIEWS AND POLICIES OF THE ENVIRONMENTAL PROTECTION AGENCY, NOR DOES MENTION OF TRADE NAMES OR COMMERCIAL PRODUCTS CONSTITUTE ENDORSEMENT OR RECOMMENDATION FOR USE." 4. Copyrighted Material. EPA has the right to reproduce,publish, use,and authorize others to use copyrighted works or other data developed under this assistance agreement for Federal purposes. RCO acknowledges that EPA may authorize another grantee to use copyrighted works or other data developed under this Agreement as a result of:a)the selection of another grantee by EPA to perform a project that will involve the use of the copyrighted works or other data or;b)termination or expiration of this agreement. 5. Peer Review.The results of this project may affect management decisions relaUng to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator(PI)of this project must solicit advice,review and feedback from a technical review or advisory group consisting of relevant subject matter specialists.A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the RCO Grants Manager prior to releasing any final reports or products resulting from the funded study. RCO 14-1949P Page 24 of 29 6. Quality Assurance Requirements.Acceptable Quality Assurance documentation must be submitted to the Grant Program within 30 days of acceptance of this agreement or another date as negotiated with the RCO Grants Manager.The National Estuary Program(NEP)Quality Coordinator supports quality assurance for EPA-funded NEP projects. No work involving direct measurements or data generation,environmental modeling,compilation of data from literature or electronic media, and data supporting the design,construction,and operation of environmental technology shall be initiated under an agreement until RCO or the NEP Qualiry Coordinator has approved the quality assurance document.The sponsor will submit all Quality Assurance documentation to the following address. Please copy the Grant Program on all correspondence with the NEP Quality Coordinator.Thomas H.Gries,NEP Quality Coordinator Department of Ecology Tgri460@ecy.wa.gov 360.407.6327. 7. Environmental Data and Information Technology. Sub-recipients are required to institute standardized reporting requirements into their work plans and include such costs in their budgets.All environmental data will be required to be entered into the EPA's Storage and Retrieval data system (STORET).The best method(local or state consolidated)for reporting will be determined on a project-by-project basis between the DFW grant manager and sub-recipient. More information about STORET can be found at http://www.epa.gov/STORET. SECTION 34. PROVISIONS FOR ESTUARY AND SALMON RESTORATION PROGRAM-EPA PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Estuary and Salmon Restoration Program-EPA. A. DUNS and CCR Requirements 1. Unless othervvise exempted from this requirement under 2 C.F.R.§25.110,the sponsor must maintain the currency of its information in the CCR until submission of its final financial report required under this Agreement or receive the final payment,whichever is later. 2. The sponsor may not make a sub-award to any entity unless the entity has provided its DUNS number to the sponsor. B. FY2011 ACORN Funding Restriction. No funds provided under this Agreement may be used for sub-awards/sub-grants or contracts to the Association of Community Organizations for Reform NOW(ACORN)or any of its subsidiaries. SECTION 35. PROVISIONS FOR MARINE SHORELINE PROTECTION PROGRAM PROJECTS ONLY The following provisions shall be in force only if the project described in this Agreement is funded from the Marine Shoreline Protection program. The Sub-Recipient shall comply with all applicable federal,State,and local laws, rules, and regulations in carrying out the terms and conditions of this Agreement. A. Federal Finance Report(FFR). Recipients(sponsor)shall submit final Federal Financial Reports(FFR), Standard Form 425 (SF-425),to EPA no iater than 90 calendar days after the end of the project period.The form is available on the internet at www.epa.gov/ocfo/finservices/forms.htm.All FFRs must be submitted to the Las Vegas Finance Center: US EPA, LVFC,4220 S. Maryland Pkwy Bldg C, Rm 503,Las Vegas,NV 89119,or by FAX to:702-798-2423.The LVFC will make adjustments,as necessary,to obligated funds after reviewing and accepting a final Federal Financial Report. Recipients(sponsor)will be notified and instructed by EPA if they must complete any additional forms for the closeout of the assistance agreement EPA may take enforcement actions in accordance with 40 C.F.R.§30.62 and 40 C.F.R.§31.43 if the recipient does not comply with this term and condition. B. Reimbursement Limitation. If the sponsor expends more than the amount of federal funding in its approved budget in anticipation of receiving additional funds, it does so at its own risk.The Federal Government and RCO is not legally obligated to reimburse Sub-Recipient for costs incurred in excess of the approved budget. C. DUNS and CCR Requirements 1. Requirement for Central Contractor Registration(CCR)/System for Award Management(SAM). Unless the sponsor is exempted from this requirement under 2 C.F.R.§25.110,the sponsor must maintain the currency of its information in the SAM untd the sponsor submits the final financial report required under this award or receive the final payment,whichever is later.This requires that the sponsor review and update the information at least annually after the initial registration,and more frequently if required by changes in your information or another award term. 2. Requirement for Data Universal Numbering System (DUNS)numbers. If the sponsor is authorized to make subawards under this award,the sponsor: a. Must notify potential subrecipients that no entity may receive a subaward from the sponsor unless the entity has provided its DUNS number to the sponsor. b. May not make a subaward to an entiry unless the entity has provided its DUNS number to the spnosor. RCO 14-1949P Page 25 of 29 3. Definitions. For purposes of this award term: a. Central Contractor Registration(CCR)/System forAward Management(SAM)means the Federal repository into which an entiry must provide information required for the conduct of business as a recipient.Additionai information about registration procedures may be found at the System for Award Management(SAM)Internet site http://www.sam.gov. b. Data Universal Numbering System(DUNS)number means the nine-digit number established and assigned by Dun and Bradstreet, Inc. (D&B)to uniquely identify business entities.A DUNS number may be obtained from D8B by telephone (currently 866-705-5711)or the Internet(currently at http://fedgov.dnb.com/webform). c. Entity.as it is used in this award term,means all of the following,as defined at 2 C.F.R Part 25,subpart C: i.A Governmental organization,which is a State,local government,or Indian tribe; ii.A foreign public entity; iii.A domestic or foreign nonprofit organization; iv.A domestic or foreign for-profit organization;and v.A Federal agency,but only as a subrecipient under an award or subaward to a non-Federal entity. d. Subaward: i.This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii.The term does not include your procurement of property and services needed to carry out the project or program(for further explanation,see Sec.--.210 of the attachment to OMS Circuiar A-133,"Audits of States, Local Governments, and Non-Profit Organizations"). iii.A subaward may be provided through any legal agreement,including an agreement that you consider a contract. e. Subrecipient means an entity that: i.Receives a subaward from you under this award;and ii.Is accountable to you for the use of the Federal funds provided by the subaward. D. CIVIL RIGHTS OBLIGATIONS 1. General.This term and condition incorporates by reference the signed assurance provided by the recipienYs authorized representative on: 1)EPA Form 4700-4,"Preaward Compliance Review Report for All Applicants and Recipients Requesfing EPA Financial Assistance';and 2)Standard Form 4248 or Standard Form 424D,as applicable.These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. 2. Statutory Requirements. In carrying out this agreement,the recipient must comply with: a. Title VI of the Civil Rights Act of 1964,which prohibits discrimination based on race,color,and national origin,including limited English proficiency(LEP), by entities receiving Federal financial assistance. b. Section 504 of the Rehabilitation Act of 1973,which prohibits discrimination against persons with disabilities by entities receiving Federal financial assistance;and c. The Age Discrimination Act of 1975,which prohibits age discrimination by entities receiving d. Federal financial assistance. If the recipient is conducting an education program under this agreement,it must also comply with Title IX of the Education Amendments of 1972,which prohibits discrimination on the basis of sex in education programs and activities operated by entities receiving Federal financial assistance. If this agreement is funded with financial assistance under the Clean Water Act(CWA),the recipient must also comply with Section 13 of the Federal Water Pollution Control Act Amendments of 1972,which prohibits discrimination on the basis of sex in CWA-funded programs or activities. 3. Regulatory Requirements.The recipient agrees to comply with all applicable EPA civil rights regulations, including: a. For Title IX obligations,40 C.F.R. Part 5;and b. For Title VI,Section 504,Age Discrimination Act,and Section 13 obligations,40 C.F.R. Part 7. c. As noted on the EPA Form 4700-4 signed by the recipienYs authorized representative,these regulations establish specific requirements including maintaining compliance information,establishing grievance procedures, designating a Civil Rights Coordinator,and providing notices of non-discrimination. RCO 14-1949P Page 26 of 29 4. Title VI -LEP, Public Participation and Affirmative Compliance Obligation. a. As a recipient of EPA financial assistance,you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals.In implementing that requirement,the recipient agrees to use as a guide the Office of Civil Rights(OCR)document entitled"Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons."The guidance can be found at http://frwebgate.access.gpo.gov/cgi-binlgetdoc.cgi?dbname=2004 register&docid=fr25jn04-79.pdf b. If the recipient is administering permitting programs under this agreement,the recipient agrees to use as a guide OCR's Title VI Public Involvement Guidance for EPAAssistance Recipients Administering Environmental Permitting Programs.The Guidance can be found at http://edocket.access.qpo.gov/2006/pdf/06-2691.pdf. In accepting this assistance agreement,the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral.The recipient must be prepared to demonstrate to EPA that such compliance programs exist and are being implemented or to othervvise demonstrate how it is meeting its Title VI obligations. E. Additional Term and Condition for Agricultural Landowners-Riparian Buffer Term for Agricultural Landowners. To be eligible for NEP implementation funding,provided directly or through a subaward,a private agricultural land owner whose property borders fresh or estuarine waters must establish and maintain a riparian buffer on all water courses on the property consistent with the National Marine Fisheries Service(NMFS)guidelines for Riparian Buffers Along Agricultural Water Courses in NW Washington and NRCS guidance on the NMFS guidelines.A land owner may be excluded from meeting this requirement if the funding is used solely for removal of shoreline armoring,onsite sewage system repair or replacement,engineered dike setbacks,or culvert or tide-gate replacements that provide for fish passage at all life stages. In some cases,the NJ\.1FS recommendations are framed in terms of ranges of buffer widths rather than point estimates, and expressed as probabilities of achieving desired outcomes. Local conditions and local circumstances matter,and may affect the choice of the riparian buffer most effective at achieving salmon recovery.Buffer widths may be less than specified in the table in cases where there is a scientific basis for doing so and all affected tribes in the watershed agree to deviations from the NMFS guidelines or where there are physical constraints on an individual parcel(e.g. transportation corridors,structures, naturally occurring. SECTION 36. ORDER OF PRECEDENCE This Agreement is entered into,pursuant to,and under the authority granted by applicable federal and state laws.The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement,or between its terms and any applicable statute, rule,or policy or procedure,the inconsistency shall be resolved by giving precedence in the following order: A. Federal law and binding executive orders; B.Code of federal regulations; C.Terms and conditions of a grant award to the state from the federal government; D. Federal grant program policies and procedures adopted by a federal agency; E.State law; F.Washington Administrative Code; G.Project Agreement; H.Board policies and procedures. SECTION 37. AMENDMENTS Amendments to this Agreement shall be binding only if in wnting and signed by personnel authorized to bind each of the parties except period of perFormance extensions in and minor scope adjustments need only be signed by RCO's director or designee,unless the consent of the sponsor to an eMension or scope adjustment is required by�ts auditing policies,regulations,or legal requirements, in which case,no extension shall be effective until so consented. SECTION 38. LIMITATION OF AUTHORITY Only RCO or RCO's delegate by writing(delegation to be made prior to action)shall have the express,implied,or apparent authority to alter,amend,modify,or waive any clause or condition of this Agreement. Furthermore, any alteration,amendment,modification,or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by RCO. SECTION 39. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default Waiver or breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing,signed by the director,or the director's designee,and attached to the original Agreement. SECTION 4p. APPLICATION REPRESENTATIONS--MISREPRESENTATIONS OR INACCURACY OR BREACH The funding board and RCO rely on the sponsor's application in making its determinations as to eligibifity for,selection for,and scope of,funding grants.Any misrepresentation,error or inaccuracy in any part of the application may be deemed a breach of this Agreement. RCO 14-1949P Page 27 of 29 SECTION41. SPECIFICPERFORMANCE The funding board and RCO may enforce this Agreement by the remedy of specific performance,which usually will mean completion of the project as described in this Agreement. However,the remedy of specific performance shall not be the sole or exclusive remedy available to RCO. No remedy available to the funding board or RCO shall be deemed exclusive.The funding board or RCO may elect to exercise any,a combination of,or all of the remedies available to it under this Agreement,or under any provision of law,common law,or equity. SECTION 42. TERMINATION The funding board and RCO will require strict compliance by the sponsor with all the terms of this Agreement including, but not limited to,the requirements of the applicable statutes, rules and all funding board and RCO policies,and with the representations of the sponsor in its application for a grant as finally approved by the funding board. For federal awards,notification of termination will comply with 2 C.F.R.§200.340. A• For Cause.The funding board or the director may suspend or terminate the obligation to provide funding to the sponsor under this Agreement: 1. In the event of any breach by the sponsor of any of the sponsor's obligations under this Agreement;or 2.If the sponsor fails to make progress satisfactory to the funding board or director toward completion of the project by the completion date set out in this Agreement. Included in progress is adherence to milestones and other defined deadlines In the event this Agreement is terminated by the funding board or director,under this section or any other section after any portion of the grant amount has been paid to the sponsor under this Agreement,the funding board or director may require that any amount paid be repaid to RCO for redeposit into the account from which the funds were derived. B• Non Availability of Funds.The obligation of the RCO to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment.If amounts sufficient to fund the grant made under this Agreement are not appropriated to RCO for expenditure for this Agreement in any biennial fiscal period,RCO shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or the Office of Financial Management occurs. If RCO participation is suspended under this section for a continuous period of one year,RCO's obligation to provide any future funding under this Agreement shall terminate.Termination of the Agreement under this section is not subject to appeal by the sponsor. C• For Convenience.Except as othervvise provided in this Agreement, RCO may, by ten(10)days written notice, beginning on the second day after the mailing,terminate this Agreement,in whole or in part. If this Agreement is so terminated, RCO shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION 43. DISPUTE HEARING Except as may otherwise be provided in this Agreement,when a dispute arises between the sponsor and the funding board,which cannot be resolved,either party may request a dispute hearing according to the process set out in this section.Either party's request for a dispute hearing must be in writing and clearly state: A.The disputed issues; B.The relative positions of the parties; C.The sponsor's name,address, project title,and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes,the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues.The dispute shall be heard by a panel of three persons consisGng of one person chosen by the sponsor,one person chosen by the director,and a third person chosen by the two persons initially appointed. If a third person cannot be agreed on,the third person shall be chosen by the funding board's chair. Any hearing under this section shall be informal,with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved.The process may be sotely based on wntten material if the parties so agree.The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel,unless the remedy directed by that panel shall be without the authority of either or both parties to perform,as necessary,or is otherwise unlawFul. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party.The request shall be delivered or mailed within thirty(30)days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute.The written Agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty(30)days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. SECTION44. ATTORNEYS'FEES In the event of litigation or other action brought to enforce contract terms,each party agrees to bear its own attorney fees and costs. RCO 14-1949P Page 28 of 29 SECTION 45. GOVERNING LAWNENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement,venue shall be in Thurston County Superior Court if legally proper;otherwise venue shall be in a county where the project is situated.The sponsor,by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. SECTION 46. PROVISIONS APPLICABLE ONLY IF FEDERALLY RECOGNIZED INDIAN TRIBE IS THE SPONSOR In the cases where this Agreement is between the funding board(State)and a federally recognized Indian Tribe,the following governing law/venue applies, but only between those parties: A• Notwithstanding the above venue provision, if the State of Washington intends to initiate a lawsuit against a federally recognized Indian tribe relating to the performance,breach or enforcement of this Agreement, it shall so notify the Tribe. If the Tribe believes that a good faith basis exists for subject matter jurisdiction of such a lawsuit in federal court,the Tribe shall so notify the State within five days of receipt of such notice and state the basis for such jurisdiction. If the Tribe so notifies the State,the State shall bring such lawsuit in federal court;otherwise the State may sue the Tribe in the Thurston County Superior Court. Interpretation of the Agreement shall be according to applicable State law,except to the extent preempted by federal law. In the event suit is brought in federal court and the federal court determines that it lacks subject matter jurisdiction to resolve the dispute beiween the State and Tribal Party,then the parties agree to venue in Thurston County Superior Court. B• Any judicial award,determination,order,decree or other relief,whether in law or equity or otherwise,resulting from a lawsuit arising out of this agreement,including any third party claims relating to any work performed under this agreement,shall be binding and enforceable on the parties. Any money judgment or award against a tribe,tribal officers and members,or the State of Washington and its officers and employees may exceed the amount provided for in Section F-Project Funding of the Agreement in order to satisfy the judgment. �• The Tribe hereby waives its sovereign immunity for suit in federal and state court for the limited purpose of allowing the State to bring such actions as it determines necessary to give effect to this section and to the enforcement of any judgment relating to the performance,or breach of this Agreement.This waiver is not for the benefit of any third party and shall not be enforceable by any third party or by any assignee of the parties. In any enforcement action,the parties shall bear their own enforcement costs, including attorneys'fees. For purposes of this provision,the State includes the RCO and any other state agencies that may be assigned or otherwise obtain the right of the RCO to enforce this Agreement. SECTION 47. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. RCO 14-1949P Page 29 of 29 Eligible Scope Activities Project Sponsor: Bremerton Public Works Project Number: 14-9949 Project Title: Evergreen Park Nearshore Restoration Design Project Type: Planning Program: Puget Sound Acq.&Restoration Approval: 12/9/2015 Planning Metrics Worksite#1, Evergreen Park Targeted salmonid ESU/DPS(A.23): Chinook Salmon-Puget Sound ESU, • Chum Salmon-Puget Sound/Strait of Georgia ESU,Coho Salmon-Puget Sound/Strait of Georgia ESU, Steelhead-Puget Sound DPS Targeted species(non-ESU species): Cutthroat Area Encompassed(acres)(B.O.b.1): 1.4 Miles of Stream Affected(B.O.b.2): 0.00 This is Puget Sound shoreline. Design for Salmon restoration Preliminary design Name of the Plan: Puget Sound Partnership,2012,Puget Sound Action Agenda Description of the Plan: The objectives for the 2012 Puget Sound Action Agenda prioritize reducing shoreline armoring. We plan to complete this design as far as possible and may be able to complete a final design with the funds being provided. At the very least we will complete the preliminary design as identified. ELIGREIM.RPT February 29,2016 Page. 1 Eligible Scope Activities Name and Description of Plan: Evergreen Park Nearshore Restoration ' Preliminary Design This design project seeks to address the problem of nearshore armoring and , shoreline modification from fill and debris. The project will produce a preliminary design for restoration actions that can be carried forward to implementation in the future. Specifically,this project will: •Synthesize existing data and information. •Complete geotechnical studies and other data gathering sufficient to complete the feasibility study and subsequent design phases of the project. •Conduct stakeholder meetings with representatives from key city,local,state agency and tribal interest groups to get input on restoration opportunities,needs and constraints. •Prepare preliminary design for the Parks-approved recommended alternative. •Prepare a construction cost estimate based upon the preliminary design. •Prepare preliminary design,engineering drawing,and cost estimate. The project site has over 12,000 cubic yards of fill,placed to protect existing bulkheads and flatten the property for industrial purposes. Fill material, consisting of brick,concrete,soil and miscellaneous debris extends from the upland area of the property well into the inter-tidal zone,which reshaped the shoreline. Cultural Resources Cultural resources Cultural resources and archaeological monitoring for this location was completed in June, 2008(Schumacher and Chambers)Cultural Resources Consultants, Inc.(CRC) Report 0803A. June 8, 2009- Technical Memo 0803A-2 (CRC)which recommended no further archaeological monitoring is recommend necessary for the portion where soil � samples will be collected during design. Other CR/CA reports and tech memorandums are attached to the application. ELIGREIM.RPT February 29, 2016 Page. 2 Milestone Report By Project Project Number: 14-1949 P Project Name: Evergreen Park Nearshore Restoration Design Sponsor: Bremerton Public Works Project Manager: Elizabeth Butler . .• o. . �- . . x Project Start 12/09/2015 Data Gathering Started 06/15/2016 Complete Dec 29,2016 RFP Complete/Consultant Hired 07/30/2016 Design Consultant i Progress Report Submitted 09/30/2016 � Cultural Resources Complete 10/31/2016 In advance ofground disturbing � activities � Annual Project Billing 12/31/2016 � Special Conditions Met 12/31/2016 Coordination with DNR;include design review comments in assessment and preliminary design report. Applied for Permits 12/31/2016 i ProgressReportSubmitted 12/31/2016 Draft Plan to RCO 02/15/2017 And presentation to Westsound TAG for review of preferred alternatives i Progress Report Submitted 03/30/2017 Final Plan to RCO 03/31/2017 Feasibility and alternatives assessment supporting the preferred alternative Draft Design to RCO 04/30/2017 of Preliminary Design Deliverables per Manual 18 Appendix D-2 � Preliminary Design to RCO 06/30/2017 Per Manual 18 Appendix D-2 Final Report in PRISM 06/30/2017 � Agreement End Date 06/30/2017 All expenses must be incurred by this time. Final Billing to RCO 08/30/2017 X=Milestone Complete !=Critical Milestone MILESTO.RPT February 29,2016 Page: 1 AGENDA BILL � CITY OF BREMERTON CITY COUNCIL SUBJECT: Establish Lebo Boulevard Road Study Session Date: March 23, 2016 Improvement Fund; and Award Consultant COUNCIL MEETING Date: April 6, 2016 Agreement to SCJ Alliance for the Lebo Department: PW&U Boulevard Road Improvement Project Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: In December, 2016, the City accepted grant funding from the Transportation Improvement Board (TIB) to make bicycle and pedestrian improvements on Lebo Boulevard from Lower Wheaton Way to the City Limits. The work will include revising the roadway section to include bike facilities, wider sidewalks, landscaping, street lighting, stormwater and minor water improvements. On February 11th three consultants were interviewed, and SCJ Alliance was selected to perform the design. Since the grant award was received after the Capital Improvement Funds were established, the Lebo Boulevard Improvement Fund must be established for the work to proceed. ATTACHMENTS: 1) Council Summary; and 2) TIB Consultant Agreement with SCJ Alliance FISCAL IMPACTS (Include Budgeted Amount): A new capital improvement fund, The Lebo Boulevard Road Improvement Fund, will be created with an expenditure budget of$750,000. Funding resources are: Transportation Improvement Board grant $595,000, Water fund $35,000, ' Wastewater fund $15,000 and Stormwater fund $105,000. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to establish the Lebo Boulevard Road Improvement Fund; authorize an appropriation of$750,000 for project design from the identified sources and further, to approve the Transportation Improvement Board Consultant Agreement with SCJ Alliance; 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 AWARD PSA TO SCJ ALLIANCE AND ESTABLISH BUDGET FOR DESIGN OF THE LEBO BOULEVARD ROAD IMPROVEMENTS PROJECT COUNCIL SUMMARY Background On December 16, 2015,the City accepted a grant from the Transportation Improvement Board for the Lebo Boulevard Project which will reconstruct the roadway from Lower Wheaton Way to the City limits. Since that time, staff have coordinated two public meetings and conducted surveys to obtain information from the public regarding the project scope. The work completed to date has developed the design to approximately the 10% level, in that the roadway cross-section, parking locations, lighting, and other project features have been identified and provided to the Consultant to initiate the design, resulting in substantial savings to the project. On February 11, 2016, a committee conducted interviews of three consultants;SG Alliance of Lacey, WA was unanimously selected as the most qualified firm to complete the design. The design will proceed immediately,with the goal to advertise the project for construction by February, 2017,with construction completed by December, 2017. Fiscal Summary From the grant,the overall project cost is approximately$5,900,000,the cost of the grant eligible work is$5,814,968,and is grant funded at 85%. The majority of the City's match amount($872,245) is expected to be funded by the Stormwater Fund. The consultant contract for design through bid is$591,984,with the majority of the work being street and stormwater design. The remaining costs include City labor and contingency. The design budget is $750,000 with revenue from the sources identified below. The overall project budget will be adopted at a future date once project costs are better understood. Total Streets Stormwater Water Wastewater Design Budget $750,000 $515,000 $185,000 $35,000 $15,000 SU Alliance $591,984 $427,680 $147,673 $16,632 $0 Contract �� Transportation Improvement Board (TIB) �j� Consultant Agreement TIB PROJECT NUMBER PROJECT PHASE (check one) �( Design ❑ Construction 8-2-152(026)-1 PROJECT TITLE 8 WORK DESCRIPTION Lebo Boulevard Roadway Improvement Project This project wdl demolish and reclaim the existing cement concrete and use it as base material for the new roadway and sidewalk system. The new roadway will consist of HMA travei lanes and bicycle lanes on both sides,and concrete sidewalks for the pedestrians.Along Juniper Street,new sidewalks and ADA ramps wdl be installed leading up to the Warren Avenue Bridge. CONSULTANTNAMEBADDRESS Shea, Carr�Jeweil, I�C. (dba SCJ Alliance) 8730 Tallon Lane NE, Suite 200 Lacey, WA 98516 AGREEMENT TYPE(check one) ❑LUMP SUM $ ❑COST PLUS FIXED FEE OVERHEAD PROGRESS PAYMENT RATE % OVERHEAD COST METHOD ❑ Actual Cost ❑ Adual Cost Not To Exceed % ❑ Fixed Rate % FIXED FEE $ �SPECIFIC RATES OF PAY � Negotiated Houdy Rate ❑ Provisional Hourly Rate ❑COST PER UNIT WORK DBE PARTICIPATION WBE PARTICIPATION � Yes �; No % ❑ Yes � No % COMPLETION DATE MAXIMUM AMOUNT PAYABLE December 31, 2017 $591,984 THIS AGREEMENT,made and entered into this day of ,between the CitylCounty of Bremerton , Washington, hereinafter called the AGENCY, and the above organization hereinafter called the CONSULTANT. The Transportation Improvement Board hereinafter called the TIB,administers the following accounts:Urban Arterial Trust Account funds,Transportation Improvement Account funds,Small City Account funds,and City Hardship Assistance Account funds. WITNESSETH THAT. WHEREAS,the AGENCY desires to accomplish the above referenced project,with the aid of TIB funds in conformance with the rules and regulations promulgated by the TIB;and WHEREAS,the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;and WHEREAS,the CONSULTANT represents that helshe is in compliance with the Washington State Statutes relating to professional registration,'rf applicable,and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE,in consideration of the terms,conditions,covenants and performance contained herein,or attached and incorporated and made a part hereof,the parties hereto agree as follows� I II GENERAL DESCRIPTION OF WORK SCOPE OF WORK The work under this AGREEMENT shall consist of the above described work and The Scope of Work and project level of effort for this project is detailed in Exhibit B ' services as herein defined and necessary to accomplish the completed work for attached hereto,and by this reference made a paR of this AGREEMENT , this PROJECT. The CONSULTANT shall furnish all services, labor and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. T�B Form 190-016 Revised Oct 2001 Page 1 of 22 ��1Transportation Improvement Board(TIB) '��''% Consultant Agreement III The work of the subconsultant shall not exceed its maximum amount payable GENERAL REQUIREMENTS unless a prior written approval has been issued by the AGENCY. All aspects of coordination of the work of this AGREEMENT, with outside All reimbursable direct labor,overhead,direct non-salary costs and fixed fee costs agencies,groups or individuals shall receive advance approval by the AGENCY. for the subconsultant shall be substantiated in the same manner as outlined in Necessary contacts and meetings with agencies,groups or individuals shall be Section V.All subcontracts exceeding$10,000 in cost shall contain all applicable coordinated through the AGENCY. provisions of this AGREEMENT. The CONSULTANT shall attend coordination, progress and presentation The CONSULTANT shall not subcontract for the performance of any work under meetings with the AGENCY or such Federal,Community, State,City or County this AGREEMENT without prior written permission of the AGENCY. No officials, groups or individuals as may be requested by the AGENCY. The permission for subcontracting shall create, between the AGENCY and AGENCY will provide the CONSULTANT suffiaent notice prior to meetings subcontractor,any contract or any other relationship. reqwring CONSULTANT participation The minimum number of hours or days notice required shall be agreed to between the AGENCY and the CONSULTANT VII and shown in Exhibit B attached hereto and made part of this AGREEMENT.The EMPLOYMENT CONSULTANT shall prepare a monthly progress report, in a form approved by The CONSULTANT warrants that helshe has not employed or retained any the AGENCY,that will outline in written and graphical form the various phases and company or person, other than a bona fide employee working solely for the the order of performance of the work in sufficient detail so that the progress of the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed work can easily be evaluated. Goals for Disadvantaged Business Enterprises to pay any company or person,other than a bona fide employee working solely for (DBE), Minority Business Enterprises (MBE), and Women-owned Business the CONSULTANT,any fee,commission,percentage,brokerage fee,gift,or any Enterprises(WBE)if reqwred shall be shown in the heading of this Agreement. other consideration,contingent upon or resulting from the award or making of this The original copies of all reports, PS&E, and other data fumished to the contract For breach or violation of this warrant,the AGENCY shall have the right CONSULTANT by the AGENCY shall be retumed All designs, drawings, to annul this AGREEMENT without liability,or in its discretion,to deduct from the specifications, documents, and other work products prepared by the AGREEMENT price or consideration or otherwise recover the full amount of such CONSULTANT prior to completion or termination of this AGREEMENT are fee,commission,percentage,brokerage fee,gift,or contingent fee. instruments of service for the PROJECT and are property of the AGENCY.Reuse Any and all employees of the CONSULTANT or other persons while engaged in by the AGENCY or by others acting through or on behalf of the AGENCY of any �e performance of any work or services required of the CONSULTANT under this such insUuments of seroice, not occumng as a part of this PROJECT,shall be AGREEMENT,shall be considered employees of the CONSULTANT only and not without liability of legal exposure to the CONSULTANT of the AGENCY, and any and all claims that may or might arise under any IV Workers Compensation Act on behalf of said employees or other persons while TIME FOR BEGINNING AND COMPLETION so engaged,and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANTs employees or other The CONSULTANT shall not begin any work under the terms of this persons while so engaged on any of the work or seroices provided to be rendered � AGREEMENT until authonzed in wnting by the AGENCY. All work under this herein,shall be the sole obligation and responsibilily of the CONSULTANT. AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The CONSULTANT shall not engage,on a full or part time basis,or other basis, dunng the period of the contract,any professional or technical personnel who are, The established completion time shall not be extended because of any delays or have been,at any time during the period of the contract,in the employ of the attributable to the CONSULTANT,but may be extended by the AGENCY,in the STATE, or the AGENCY, except regularly retired employees, without wntten event of a delay attributable to the AGENCY,or because of unavoidable delays consent of the public employer of such person. caused by an act of GOD or govemmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the VIII AGENCY is reqwred to extend the established completion Gme. NONDISCRIMINATION � The CONSULTANT agrees not to discriminate against any client, employee or PAYMENT applicant for employment or for seroices because of race,creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational The CONSULTANT shall be paid by the AGENCY for completed work and qualification with regard to,but not limited to the following:employment upgrading, services rendered under this AGREEMENT as provided in Exhibit C attached demotion or transfer, recruitment or any recruitment advertising, layoffs or hereto,and by this reference made paR of this AGREEMENT Such payment shall terminations, rates of pay or other forms of compensation,selection for training, be full compensation for work performed or services rendered and for all labor, rendition of services. The CONSULTANT understands and agrees that if it materials, supplies, eqwpment, and incidentals necessary to complete the work violates this provision,this AGREEMENT may be terminated by the AGENCY and specified in Section II,Scope of Work further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future unless a showing is made satisfactory to the VI AGENCY that discriminatory practices have terminated and that recurrence of SUBCONTRACTING such action is unlikely. The AGENCY permits subconVacts for those items of work as shown in Exhibit G to this Agreement. Compensation for this subconsultant work shall be based on During the performance of this AGREEMENT, the CONSULTANT,for itself, its the cost factors shown on Exhibit G,attached hereto and by this reference made a assignees,and successors in interest agrees as follows: part of this AGREEMENT. A. COMPLIANCE WITH REGULATIONS: The CONSULTANT shall comply with the Regulations relative to nondiscrimination in the same manner as in TIB Form 190-016 Pa e 2 of 22 Revised Oct 2001 9 ��Transportation Improvement Board(TIB) '��i Consultant Agreement Federally-assisted programs of the Department of Transportation,Title 49, Executive Orders numbered E.0.70-01 and E.0.66-03 of the Govemor of Code of Federal Regulations,Part 21,as they may be amended from time the State of Washington. to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this AGREEMENT. IX TERMINATION OF AGREEMENT B. NONDISCRIMINATION� The CONSULTANT, with regard to the work The right is reserved by the AGENCY to terminate this AGREEMENT at any time performed by it during the AGREEMENT, shall not discriminate on the upon ten days written notice to the CONSULTANT. grounds of race, creed, color, sex, age, marital status, national origin or handicap except for a bona fide occupational qualification in the selection �n the event this AGREEMENT is terminated by the AGENCY other than for fault and retention of subconsultants, including procurements of materials and on the part of the CONSULTANT, a final payment shall be made to the leases of equipment.The CONSULTANT shall not partiapate either directly CONSULTANT as shown in Exhibit F for the type of AGREEMENT used. or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a No payment shall be made for any work completed after ten days following receipt program setforth in Appendix II of the Regulations. by the CONSULTANT of the Notice of Termination. If the accumulated payment C SOLICITATIONS FOR SUBCONSULTANTS, INCLUDING made to the CONSULTANT prior to Notice of Termination exceeds the total PROCUREMENTS OF MATERIALS AND EQUIPMENT.In all solicitations amount that would be due computed as set foRh herein above, then no final either by competitive bidding or negotiation made by the CONSULTANT for Payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. work to be performed under a subcontract, including procurements of materials or leases of equipment,each potential subconsultant or supplier In the event the seroices of the CONSULTANT are terminated by the AGENCY shall be notified by the CONSULTANT of the CONSULTANTs obligations for fault on the paR of the CONSULTANT,the above formula for payment shall not under this AGREEMENT and the Regulations relative to nondiscrimination apply. In such an event, the amount to be paid shall be determined by the on the grounds of race,creed,color,sex,age,marital status,national origin AGENCY with consideration given to the actual costs incurred by the and handicap CONSULTANT in performing the work to the date of termination,the amount of D INFORMATION AND REPORTS: The CONSULTANT shall provide all Work originally required which was satisfactonly completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the information and reports required by the Regulations, or directives issued time of termination; the cost to the AGENCY of employing another firm to pursuant thereto, and shall permit access to its books, records, accounts, complete the work required and the time which maybe required to do so, and other sources of information,and its facilities as may be determined by the other factors which affect the value to the AGENCY of the work performed at the AGENCY or TIB to be pertinent to ascertain compliance with such time of termination. Under no circumstances shall payment made under this Regulations or directives. Where any information required of the subsection exceed the amount which would have been made using the formula CONSULTANT is in the exclusive possession of another who fails or set forth in the previous paragraph. refuses to furnish this information the CONSULTANT shall so certify to the AGENCY,or the TIB as appropriate,and shall set forth what efforts it has If it is determined for any reason that the CONSULTANT was not in default or that made to obtain the information. the CONSULTANTs failure to perform is without it or its employees fault or E. SANCTIONS FOR NONCOMPLIANCE: In the event of the negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this CONSULTANTs noncompliance with the nondiscrimination provisions of AGREEMENT. this AGREEMENT,the AGENCY shall impose such sanctions as it or the Transportation Improvement Board may determine to be appropnate, In the event of the death of any member,paRner or officer of the CONSULTANT including,but not limited to: or any of its supervisory personnel assigned to the project,or,dissolution of the 1. Withholding of payments to the CONSULTANT under the PaMership, termination of the corporation, or disaffiliation of the principally AGREEMENT until the CONSULTANT complies,andlor involved employee,the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT,if requested to do so by 2. Cancellation, termination or suspension of the AGREEMENT, in the AGENCY. The subsection shall not be a bar to renegotiation of the whole or in paR. AGREEMENT between the surviving members of the CONSULTANT and the F. INCORPORATION OF PROVISIONS: The CONSULTANT shall include AGENCY,if the AGENCY so chooses. the provisions of paragraphs(A)through(G)in every subcontract,including In the event of the death of any of the parties listed in the previous paragraph, procurements of materials and leases of equipment,unless exempt by the should the surviving members of the CONSULTANT, with the AGENCYs Regulations or directives issued pursuant thereto.The CONSULTANT shall concurrence,desire to terminate this AGREEMENT,payment shall be made as take such action with respect to any subconsultant or procurement as the set forth in the second paragraph of this section. AGENCY or the Transportation Improvement Board may direct as a means of enforcing such provisions including sanctions for noncompliance; In the event this AGREEMENT is terminated prior to completion, the original provided,however,that,in the event a CONSULTANT becomes involved in, copies of all reports and other data, PS&E materials fumished to the or is threatened with,litigation with a subconsultant or supplier as a result of CONSULTANT by the AGENCY and documents prepared by the CONSULTANT such direction,the CONSULTANT may request the AGENCY to enter into prior to said termination,shall become and remain the propeRy of the AGENCY , such litigation to protect the interests of the AGENCY,and in addition,the and may be used by it without restriction.Such unrestricted use,not occumng as CONSULTANT may request the TIB to enter into such litigation to protect a parf of this PROJECT, shall be without liability or legal exposure to the the interests of the TIB. CONSULTANT. G. UNFAIR EMPLOYMENT PRACTICES: The CONSULTANT shall comply payment for any part of the work by the AGENCY shall not constitute a waiver by with RCW 49.60180 prohibiting unfair employment practices and the the AGENCY of any remedies of any type it may have against the CONSULTANT TIB Form 190-016 Pa e 3 of 22 � Revised Oct 2001 9 %�'`��Transportation Improvement Board(TIB) '��'J% Consultant Agreement for any breach of this AGREEMENT by the CONSULTANT,or for failure of the The CONSULTANT's relation to the AGENCY shall be at all times as an CONSULTANT to perform work required of it by the AGENCY. Forbearance of independent contractor. any rights under the AGREEMENT will not constitute waiver of entitlement to The CONSULTANT specifically assumes potential liability for actions brought by exercise those rights with respect to any future act or omission by the the CONSULTANT's own employees against the AGENCY and, solely for the CONSULTANT. purpose of this indemnfication and defense, the CONSUL7ANT specfically x waives any immunity under the state industrial insurance law,Title 51 RCW.The CHANGES OF WORK CONSULTANT recognizes that this waiver was specifically entered into pursuant The CONSULTANT shall make such changes and revisions in the complete work to the provisions of RCW 4.24115 and was the subject of mutual negotiation. of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Unless otherwise specfied in the AGREEMENT, the AGENCY shall be Should the AGENCY find it desirable for its own purposes to have previously responsible for administration of construction contracts, 'rf any, on the project. satisfactorily completed work or parts thereof changed or revised, the Subject to the processing of an acceptable, supplemental agreement, the CONSULTANT shall make such revisions as directed by the AGENCY.This work CONSULTANT shall provide on�all assistance to the AGENCY during contract shall be considered as Extra Work and will be paid for as herein provided under administration.By providing such assistance,the CONSULTANT shall assume no Section XIV. responsibility for: proper construction techniques, job site safety, or any XI construction contractors failure to perform Its work in accordance with the contract DISPUTES documents. Any dispute conceming questions of fact in connection with the work not disposed The CONSULTANT shall obtain and keep in force during the terms of the of by AGREEMENT between the CONSULTANT and the AGENCY shall be AGREEMENT,or as otherwise required,the following insurance with companies referred for determination to the Director of Public Works or AGENCY Engineer, or through sources approved by the State Insurance Commissioner pursuant to whose decision in the matter shall be final and binding on the parties of this RCW 48. AGREEMENT, provided however, that 'rf an action is brought challenging the Director of Public Works or AGENCY Engineers decision,that decision shall be Insurance Coverage subject to the scope of judicial review P�Xllded under Washington Case Law. A. Worker's compensation and employers liability insurance as reqwred by the VENUE,APPLICABLE LAW AND STATE. PERSONAL JURISDICTION B.General commercial liability insurance in an amount not less than a single limit In the event that either party deems it necessary to institute legal action or of one mdlion and 001100 Dollars($1,000,000.00)for bodily injury,including death proceedings to enforce any right or obligation under this AGREEMENT, the and property damage per occurrence. parties hereto agree that any such action shall be initiated in the Superior CouR of the State of Washington,situated in the county the AGENCY is located in.The Excepting the Worker's Compensation insurance and any professional liability parties hereto agree that all questions shall be resolved by application of insurance secured by the CONSULTANT, the AGENCY will be named on all Washington law and that the paRies to such action shall have the right of appeal ceRificates of insurance as an additional insured.The CONSULTANT shall fumish from such decisions of the Superior couR in accordance with the laws of the State the AGENCY with verification of insurance and endorsements required by this of Washington.The CONSULTANT hereby consents to the personal jurisdiction of AGREEMENT. The AGENCY reseroes the right to require complete, certified the Superior Court of the State of Washington,situated in the county the AGENCY copies of all required insurance policies at any time. is located in. XIII All insurance shall be obtained from an insurance company authorized to do LEGAL RELATIONS AND INSURANCE business in the State of Washington The CONSULTANT shall submit a The CONSULTANT shall comply with all Federal, State, and local laws and verification of insurance as outlined above within 14 days of the execution of this ordinances applicable to the work to be done under this AGREEMENT. This AGREEMENT to the AGENCY.No cancellation of the foregoing policies shall be AGREEMENT shall be interpreted and construed in accord with the laws of effective without thirty(30)days prior notice to the AGENCY. Washington. The CONSULTANT's professional liability to the AGENCY shall be limited to the The CONSULTANT shall indemnify and hold the AGENCY and the STATE of amount payable under this AGREEMENT or one million dollars,whichever is the Washington, and their officers and employees harmless from and shall process greater unless modified by Exhibit H. In no case shall the CONSULTANT's and defend at its own expense all claims, demands, or suits at law or equity professional liability to third parties be limited in any way. arising in whole or in part from the CONSULTANT's negligence or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall The AGENCY will pay no progress payments under Section V until the require a CONSULTANT to indemnify the AGENCY and the STATE against and CONSULTANT has fully complied with this section.This remedy is not exclusive; hold harmless the AGENCY and the STATE from claims,demands or suits based and the AGENCY and the STATE may take such other action as is available to solely upon the conduct of the AGENCY and the STATE,their agents,officers and them under other provisions of this AGREEMENT,or otherwise in law. employees and provided fuRher that'rf the claims or suits are caused by or result XIV from the concurrent negligence of(a)the CONSULTANT's agents or employees EXTRA WORK and(b)the AGENCY and the STATE,their agents,officers and employees,this indemnity provision with respect to (1) claims or swts based upon such A. The AGENCY may at any time,by wntten order,make changes within the negligence, (2) the costs to the AGENCY and the STATE of defending such general scope of the AGREEMENT in the services to be performed. claims and suits, etc. shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents or employees. TIB Form 190-016 Pa e 4 of 22 Revised Oct 2001 9 .�` Transportation Improvement Board(TIB) ��,,�i Consultant Agreement B If any such change causes an increase or decrease in the estimated cost of, XVII or the time required for, performance of any part of the work under this CERTIFICATION OF THE AGREEMENT,whether or not changed by the order, or otherwise affects CONSULTANT AND THE AGENCY any other terms and conditions of the AGREEMENT,the AGENCY shall Attached hereto as Exhibit A-1, are the Certifications of the Consultant and the make an equitable adjustment in the (1) maximum amount payable; (2) Agency. delivery or completion schedule,or both;and(3)other affected terms and shall modiiy the AGREEMENT accordingly. XVIII COMPLETE AGREEMENT C. The CONSULTANT must submit any proposal for adjustment (hereafter referred to as proposa!)under this clause within 30 days from the date of This document and referenced attachments contains all covenants, stipulations receipt of the written order.However,if the AGENCY decides that the facts and provisions agreed upon by the parties.No agent,or representative of either jusfrfy it, the AGENCY may receive and act upon a proposal submitted Party has authority to make,and the parties shall not be bound by or be liable for, before final payment of the AGREEMENT, any statement, representation, promise or agreement not set forth herein. No changes,amendments,or modifications of the terms hereof shall be valid unless D. Failure to agree to any adjustment shall be a dispute under the disputes reduced to writing and signed by the parties as an amendment to this clause. However nothing in this clause shall excuse the CONSULTANT AGREEMENT. from proceeding with the AGREEMENT as changed. XIX E. Notwithstanding the terms and condition of paragraphs(a)and(b)above, EXECUTION AND ACCEPTANCE the maximum amount payable for this AGREEMENT,shall not be increased This AGREEMENT may be simultaneously executed in several counterpaRs, or considered to be increased except by specific written supplement to this each of which shall be deemed to be an original having identical legal effect.The AGREEMENT. CONSULTANT does hereby ratdy and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the XV suppoRing materials submitted by the CONSULTANT, and does hereby accept ENDORSEMENT OF PLANS the AGREEMENT and agrees ro all of the terms and conditions thereof. The CONSULTANT shall place his endorsement on all plans,estimates or any other engineering data fumished by him. XVI TIB AND AGENCY REVIEW The AGENCY and TIB shall have the right to participate in the review or examination of the work in progress. In witness whereof the parties hereto have executed this AGREEMENT as of the day and year first above written. By By Consultant CitylCounty of T�B Form 190-016 Revised Oct 2001 Page 5 of 22 �'"�`�Transportation Improvement Board(TIB) '�%' Consultant Agreement EXHIBIT A-1 Certification of Consultant Project No. CitylCounty I hereby certify that I am a duly authorized representative of the firm of whose address is and that neither I nor the above firm I here represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure this contract. (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of a firm or person in connection with carrying out the contract. (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribu6on,donation or consideration of any kind for,or in connection with procuring or carrying out the contract; except as here expressly stated(if any): I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that the firm is in full compliance with requirements of the Board of Professional Registration. I acknowledge that this certificate is to be available to the Transportation Improvement Board(TIB), in connection with this contract involving participation of TIB funds and is subject to applicable State and Federal laws,both criminal and civil. Date Signature Certification of Agency Official I hereby certify that I am the AGENCY Official of the City/County of , Washington and that the above consulting firm or his/her representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract to: (a) Employ or retain,or agree to employ or retain,any firm or person,or (b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any kind, except as here expressly stated(if any). I acknowledge that this certificate is to be available to the TIB,in connection with this contract involving participation of TIB funds and is subject to applicable State and Federal laws,both criminal and civil. Date Signature T�B Form 190-016 Revised Oct 2001 Page 7 of 22 .��Transportation Improvement Board(TIB) ��i Consultant Agreement EXHIBIT B-1 Scope of Work Project.No. Describe the Scope of Work See attached. Documenis to be Fumished by the Consultant T�B Form 190-016 Pa e 8 of 22 Revised Oct 2001 9 EXHIBIT B-1 SCOPE OF WORK LEBO BOULEVARD ROADWAY IMPROVEMENT PROJECT BREMERTON, WASHINGTON Prepared for: Jerry Hauth, PE, Managing Engineer City of 8remerton Prepared by: Scott Sawyer, PE, Associate Principal Josh Brannin, PE, Project Engineer Date prepared: March 11, 2016 Overview The objective of this project is to reconstruct Lebo Boulevard from Sheridan Road to Lower Wheaton Way and build a sidewalk along Juniper Street from the Warren Avenue Bridge to Lebo Boulevard.The existing pavement section for Lebo Boulevard is concrete pavement varying in thickness from four inches to 9 inches.The intent of the project is to rubbelize or crack and seat the concrete pavement and overlay with asphalt pavement.The methods used to build the pavement section will be determined as part of the Geotechnical Design. The City has engaged the public in two outreach meetings to determine the concept layout and cross-section of Lebo Boulevard.The City provided the concept layout to SCJ Alliance in PDF format via SCJ Files on March 7, 2016.The concept shows two travel lanes, parking lane, angled parking, bicycle lanes, shared use path,sidewalks.The project includes urban design features, retaining walls, and stormwater facilities(collection/conveyance and treatment). The design and construction is funded by Transportation Improvement Board Urban Arterial Program (UAP) Grant with City local match. The intent is to design the project without the need , for right-of-way acquisition,though some City property(south side, east of Warren Avenue Bridge) may be needed for widening to accommodate angled parking. The work will consist of the following phases: 1. Project Management 2. Survey and Right of Way Delineation (by MTN2COAST) 3. Alternatives and Concept Design 4. Preliminary Design S. Geotechnical Design (by GeoEngineers) 6. Urban Design (by HBB Landscape Architecture) 7. SEPA and Permitting 8. Public Involvement Lebo Boulevard Roadway Improvement Project March 11, 2016 City of Bremerton Page 1 SCJ Alliance Exhibit A - Scope of Work 9. Final Design 10. Bidding Services Phases for Additional Waterline Design and Construction Engineering may be added by amendment. Assumptions 1. The project may require right of way or easement acquisition from one City owned property. 2. The limits of road improvements along Lebo Boulevard extend from Sheridan Road to Lower Wheaton Way(approximately 1.0 miles). It is anticipated improvements will extend to the end of curb returns for side streets connecting to Lebo Boulevard. 3. The layout of Lebo Boulevard will generally conform to the concept provided by the City, dated March 7, 2016. 4. Sidewalk will be built to connect Warren Avenue Bridge to Lebo Boulevard.SCJ will determine the alignment and cross-section for the sidewalk as part of Phase 3— Alternatives and Concept Design. 5. Stormwater improvements will include (1) collection and conveyance for the improved roadways, and (2)treatment facilities. Flow control is not required because stormwater is discharged directly to Port Washington Narrows(exempt water body). 6. SCJ will evaluate the capacity of existing outfalls to Port Washington Narrows, but modifications to the outfalls are not included in the scope of this project. 7. Sewer improvements are not included. 8. Water improvements are limited to relocation of ineters to proposed back of walk and the upgrade described in Phase 10. 9. The project will construct pedestrian illumination. 10. The project will not underground power and/or communication utilities. 11. The project will not build within the Ordinary High Water Mark(OHWM). 12. The City will be responsible for any pre-condition surveys of buildings adjacent to Lebo Boulevard prior to rubblizing the existing concrete pavement. 13. Kitsap Transit buses will not require bus pull-outs(extra pavement width) at bus stops. � Information Provided by the City 1. Concept layout and cross-sections for Lebo Boulevard via SCJ Files on March 7, 2016. 2. Pavement cores for Lebo Boulevard. 3. All available as-built drawings for roadway,water, sewer, and stormwater. 4. Potholes of utilities as determined mutually between SC1 and the City. Phase 1 Project Management This phase includes tasks to plan, manage, and administer the work; attend project meetings; and provide quality assurance/quality control. Lebo Boulevard Roadway Improvement Project March 11, 2016 City of Bremerton Page 2 SCJ Alliance Exhibit A - Scope of Work Task 1 Managemenf 1) Management: Manage the project by directing and supervising staff and reviewing work for the duration of the project. This management is for the overall work rather than specific tasks. 1) Schedule and Budget: Develop a critical path project schedule to match the scope of work. Identify task durations, predecessors, City reviews, deliverables, and milestones. Review and update the schedule on a monthly basis. Monitor project budget on a biweekly basis. Provide monthly billing statements to the City including overall budget and schedule confirmation and review for each progress billing period. Task 2 Administration 1) Progress Reports: Prepare and submit a bi-weekly progress report. Progress reports will show: (1) prior work performed, (2) current work planned, (3) schedule and budget status, (4) a summary of scope changes/added value,and (5) items needed from the City and/or others. 2) Progress Billings: Prepare a monthly progress bill with weekly progress reports attached. Bills will show staff hours for each phase (i.e., Phase 1: Project Management). Include a Budget Remaining Report with each invoice. 3) Filing: Develop a project filing system and maintain project files in one centralized location. Periodically purge draft and redundant documents. 4) Subconsultant Administration: Execute and administer sub agreements. Review and approve monthly invoices. Task 3 Quality Assurance/Quality Control 1) Quality Control: Provide senior level review of task deliverables before submittal to the City. 2) Quality Assurance: Audit quality check activities and documentation on a periodic basis. Understanding • Project management will be provided over a 12-month timeframe. • Progress billings will be submitted monthly to the City. • Timelines and milestones will be outlined in a master schedule using Microsoft Project and will be updated for each progress billing. • Budget for peer checks for quality control is included within budget for design tasks. Deliverables • Bi-weekly Progress Report submitted via email in PDF format. • Progress billings submitted monthly submitted via email in PDF format. • MS Project schedule updates submitted via email in PDF format. Lebo eoulevard Roadway Improvement Projec[ March 1 i, 2016 City of Bremerton Page 3 SC] Alliance Exhibit A -Scope of Work Phase 2 Survey and Right of Way Delineation (by MTN2COAST) Task 1 Survey and Right of Way Delineation 1) Topographic Survey: Perform topographic survey for the Lebo Boulevard corridor from Sheridan Road to Lower Wheaton Way. Topography will also extend up each side street for 100 feet. Collect pavement edges, curbs, sidewalks, utilities appurtenances, utility markings,trees,fences, driveways, mailboxes, road signs, and breaks in topography. Arrange for utility locate marks(provided by a locater service included in the fee). Mapping will generally extend to existing rights of way. Include Juniper Street from Lebo Boulevard to Warren Avenue Bridge (15 feet beyond the existing curb lines or 10 feet beyond the toe of slope on the inside of the loop ramp area). Survey the shoreline and OHWM where proposed sidewalks are located within 200 feet of the Port Washington Narrows shoreline. 2) Right of Way Mapping: Locate monuments and use record right of way maps to establish existing rights of way for Lebo Boulevard and Juniper Street. Establish rights of way on side streets for 100 feet from Lebo Boulevard. 3) Base Map: Prepare a topographic base map in AutoCAD, including existing rights of way. Provide a surface model for the existing ground surface in Civil 3D. 4) Legal Description and Exhibit: Prepare up to one legal description and exhibit for right- of-way or easement acquisition. Understanding • MTN2COAST will prioritize establishment to centerline alignment and stationing for Lebo Boulevard for the City's use in developing and implementing a pavement coring plan. • Field data will be collected on NAD83/91 Washington State Plane Coordinates, North Zone, Geoid 12A, and NAVD88 Elevation datum. • Existing side parcel lot lines will not be mapped. • Base mapping will conform to City Bremerton and APWA standards. Deliverables • Topographic base map in AutoCAD format and existing surface in Civil 3D format. Phase 3 Alternatives and Concept Design Task 1 Alternafives and Concept Design 1) Lebo Boulevard Cross-Section-Crown vs Shed: Generally the topography transverse to Lebo Boulevard falls from the north to the south. Raising Lebo Boulevard as part of the pavement work and widening the sidewalks will create elevation differences between existing ground and the proposed back of walk. Evaluate the pros and cons for building the Lebo Boulevard as a crowned pavement section or a shed pavement section (draining to the south curb). The intent of the shed cross-section is to lessen the elevation differences. Develop preliminary roadway model assemblies to determine proposed back of walk elevations. Compare to existing elevations at 25-foot intervals. Lebo Boulevard Roadway Improvemen[Project March I1, 2016 City of Bremerton Page 4 l . SC] Alliance Exhibit A - Scope of Work Summarize elevation differences in a tabular format and present in cross-section view. Coordinate with Phase 5—Geotechical Design to assess the constructability and cost of pavement construction for the alternative sections. Prepare a technical memorandum describing the alternative sections, constructability,concept cost estimates, and relative elevation differences at the back of walk. 2) Power Pole Relocation: Develop an exhibit showing centerline alignment and stationing for Lebo Boulevard with existing and recommended locations for power poles. Meet once with the City and Puget Sound Energy to finalize the alignment for pole relocations. Prepare a technical memorandum documenting the basis for the proposed pole locations. 3) Juniper Street Sidewalk: Develop up to two alternative layouts for sidewalk along Juniper Street from Warren Avenue Bridge to Lebo Boulevard. It is anticipated the sidewalk will be located along the east side of Juniper Street.The alternatives will include embankment widening and retaining wall for the sidewalk near the bridge connection. Develop concept cost estimates for the alternatives. Prepare a technical memorandum describing the concepts and recommending the preferred alternative. Analysis will consider functionality/directness for pedestrians, constructability, WSDOT involvement,and cost. 4) Oak Street/Boat Ramp Access Driveway: Develop a concept layout for the Oak Street intersection and the Lion's Park boat ramp access driveway.The intent of the layout is to reduce the amount of impervious surface and shorten crossing distances for pedestrians. Meet with City staff to review the concept and revise the concept once per City feedback. Cost estimating for the final layout will be included in Phase 4— Preliminary Design. Prepare a technical memorandum describing the basis for the layout. Understanding • None. Deliverables • Technical memorandums submitted in PDF via email. Phase 4 Preliminary Design Task 1 Data Collection 1) Data Collection: Gather and review available background data and as-builts from the City. Gather and review system maps from dry utility providers(power and communication). 2) Photographs: Walk the site and provide photo documentation. Tas k 2 Roadwa Y 1) Horizontal Layout • Establish a final design level centerline for Lebo Boulevard,luniper Street from Lebo Boulevard to Warren Avenue Bridge, and side streets for approximately 100 feet from Lebo Boulevard. Lebo Boulevard Roadway Improvement Project March I1, 2016 City of Bremerton Page 5 SC] Alliance Exhibit A - Scope of Work • Develop preliminary engineering level detail for the roadway layout. Show travel lanes, turn lanes,on-street parking, bike lanes, curb/gutter, shared use path, sidewalks, and driveways. Curb returns at side streets will match existing street width for side streets. • Define alignment data (bearing and curve data)for the centerline and define alignment data (station/offset and curve data) for curbs, and edges of pavement. • Develop up to four typical sections for Lebo Boulevard based on the cross sections prepared by the City and presented to the public open house on February 22"a Develop two typical sections for the Juniper Street sidewatk. � Coordinate with Kitsap Transit to locate bus stops and bus shelters. Consider ADA accessibility for sidewalk widths at bus stops and shelters. 2) Vertical Layout • Develop centerline profile for Lebo Boulevard. • Develop curb return profiles, intersection grading for the intersection, and driveway grades. • Design ADA ramps (type selection and preliminary grades) at intersections. 3) Frontage Design • Profile proposed back of sidewalk or edge of pavement for each parcel abutting the project. Design each site to integrate proposed improvements with the existing conditions. • Create a frontage conformance exhibit for some abutting parcels (up to 15 parcels as directed by the City). Each exhibit will include sufficient plan view detail to show the general public what the site will look like. The exhibits will include a plan view site plan showing the roadway, pedestrian facilities, existing structures, parking, and landscaping. The exhibits may include cross sections and profiles as necessary to demonstrate how the site will be graded. Each exhibit will be at a scale to fit legibly on 11x17 paper. • Submit frontage conformance exhibits to the City for review. Incorporate revisions from one City review. 4) Pavement Underdrains: Coordinate with GeoEngineers on design of pavement underdrains. Develop cross section details to show perForated pipe size and gravel layer sizing. Layout piping and design connections to stormwater conveyance system. 5) Review Workshop with City: Conduct one (1) design review workshop in Bremerton to review roadway work in progress. Revise work according to the design review workshop comments. Provide workshop minutes to the City in PDF via email. 6) Technical Memorandum: Prepare a draft technical memorandum for inclusion in the Basis for Design Report described under Phase 4. The memorandum will describe roadway design including standards used to layout the roadway. Task 3 Stormwater 1) Field Analysis: Meet on site with City staff to walk the site and review existing basin boundaries and runoff patterns. Lebo Boulevard Roadway Improvement Project March 11, 2016 Ci[y of Bremerton Page 6 SCJ Alliance Exhibit A - Scope of Work 2) Modeling: Prepare a hydrologic model of the existing and proposed land use conditions for the limits of disturbance to determine the treatment requirements. Determine preliminary footprint size of water quality facilities. 3) Downstream Analysis: Calculate pre-and post-project runoff volumes tributary to the existing storm pipe discharging to Port Washington Narrows and evaluate the hydraulic capacity of the existing outfalls. Identify potential capacity issues of existing outfalls. 4) Layout: Develop collection and conveyance model based on the hydrodynamic analysis method (Storm and Sanitary Analysis 2015). Meet with the City to discuss the City's Eagle Avenue Stormwater Project and consider this project when developing the collection and conveyance layout. Prepare plan and profile sheets to a preliminary design level for the stormwater improvements. Show the plan view footprint of water quality facilities. 5) Draft Stormwater Site Plan: Prepare a draft Stormwater Site Plan (drainage report) for inclusion in the Basis for Design Report described under Phase 4. Task 4 Retaining Walls 1) Layout: Prepare horizontal and vertical layout of approximately 300 linear feet of fill retaining wall to accommodate the proposed angled parking near Warren Avenue Bridge and approximately 300 linear feet of fill retaining wall for the Juniper Street sidewalk. Identify horizontal limits of small walls(cut or fill walls 4 feet high or less)to minimize impacts to front yards at the back of proposed sidewalk. 2) Type Selection: Evaluate fill wall type considering cost and constructability. Discuss findings/recommendations with the City and select final wall types. 3) Technical Memorandum: Prepare a draft technical memorandum for inclusion in the Basis for Design Report described under Phase 4. The technical memorandum will summarize cost, constructability and aesthetic considerations for identifying preferred wall types. Task 5 Traffic and Lighting 1) Channelization: Layout striping for lebo Boulevard. Include lane striping, intersection markings, and traffic symbols. 2) Stop Warrant: Prepare a stop warrant analysis per the MUTCD to evaluate the need for 4-way stop control at Cherry Street,Juniper Street, and Sheridan Street. 3) Lighting: Layout spacing and analyze lighting levels for pedestrian scale lighting along Lebo Boulevard. Base the spacing of lights on City input and representative lighting calculations for 300 feet of roadway and sidewalk. Perform lighting calcutations using AG132 software. Coordinate light pole style and height with Phase 6—Urban Design. 4) Construction Sequencing: Develop a strategy for construction of the improvements describing sequencing,geometric standards during construction,and traffic control methods. Include exhibits(up to four phases)depicting the sequence of construction. Meet with City staff to review the strategy. Include the memorandum in the Basis for Design Report described under Phase 4. Lebo Boulevard Roadway Improvement Project March I1, 2016 City of Bremerton Page 7 SCJ Alliance Exhibit A - Scope of Work 5) Technical Memorandum: Prepare a traffic technical memorandum for inclusion in the Basis for Design Report described under Phase 4. Describe the basis for design for striping, lighting, and traffic signals. Task 6 Preliminary Landscape Design 1) Data Collection: Review the project site, collect background information, and research zoning requirements. 2) Meetings: Attend up to two meetings at the City of Bremerton and one meeting at SG Alliance's Olympia office. 3) Landscape Plan: Prepare preliminary landscape plan including planting palette, tree locations, and outline of new shrub and lawn areas. Task 7 Utility Mapping 1) Utility Mapping: • Obtain system maps and as-built drawings from utility providers. Compare to survey mapping to verify mapping completeness. • Field-verify the utility mapping against visible appurtenances and available system maps. • Reconcile mapping discrepancies with the City and utility providers. 2) Utility Conflict Technical Memorandum: Prepare a utility conflict technical memorandum and submit for City review. Evaluate available data to identify utility conflicts and make recommendations for final resolution. Coordinate with utility providers to determine cost responsibility for relocations. Identify special construction- related requirements for each utility. Revise the memorandum once per City comments. Include the final memorandum in the Basis for Design Report described � under Phase 4. 3) Utility Coordination: Coordinate with Puget Sound Energy on the relocation of power poles based on the pole alignment identified in Phase 3,Task 1.2.Track progress by Puget Sound Energy on development of plans and relocation of poles. Task 8 Preliminary Plans 1) Preliminary Plans: Prepare the following plan types at 1"=20' scale (unless noted otherwise). The number of plan sheets per plan type is shown in parentheses. • Cover(1 sheet) ' • Typical Sections(2 sheets) • Plan and Profile (12 sheets) • Underdrains (6 sheets) • Utility Relocation (6 sheets) • Channelization (6 sheets) • Illumination (6 sheets) • Landscape (6 sheets) Lebo Boulevard Roadway Improvement Project March 11, 2016 City of Bremerton Page 8 SCJ Alliance Exhibit A - Scope of Work Task 9 Preliminary Cost Estimate 1) Cost Estimate • Develop quantities based on the preliminary plans from Phase 4. • Assign unit costs for quantified items and assign lump sum costs to other items based on professional judgment. • Develop a planning level construction estimate that includes a 30%contingency. Task 10 Basis for Design Report 1) Draft Basis for Design Report: Prepare an executive summary to describe work completed and decisions made in Phase 4. Include technical memorandums prepared separately for roadway design, stormwater design, traffic design, traffic control strategy, and utility conflict. Include preliminary plans and cost estimates. Submit to the City for review. 2) Final Basis for Design Report: Revise the report once per City comments. Understanding • Roadway design is based on City of Bremerton Engineering and Construction Standards. • Power pole relocations will be shown on the Roadway Plan & Profile sheets. • Drainage design is based on Department of Ecology, Stormwater Management Manual for Western Washington, 2012. • Lebo Boulevard is a minor arterial per the City of Bremerton Engineering and Construction Standards. • For budget purposes, it is assumed the larger fill retaining walls will be either structural earth wall (SEW) or WSDOT Standard Plan cast-in-place concrete wall. Structural design for custom retaining walls is not included. The fill walls are assumed to be less than 10 feet in retained height. • Embankment widening will be selected as the preferred alternative for the Juniper Street Sidewalk.Therefore, retaining wall design is not included for this location. • Small walls(less than 4 feet high)to minimize impacts to front yards will be used at up to 15 parcels. • Roadway and/or intersection lighting is not included. • Planting areas include the following: o The area north of lebo Boulevard between Sheridan Street and Oak Street. o The frontage to Lebo Boulevard at the Lion's Park parking lot (replacing cherry trees). o The frontage of Lebo Boulevard at the on-street angled parking(south side of Lebo,east of Warren Avenue Bridge). o The frontage of Lebo Boulevard at the Parks& Recreation building. o Gateway entry treatments—Sheridan and Wheaton Way. Deliverables • Meeting summaries submitted in PDF via email. • Utility Conflict technical memorandum submitted in PDF via email. • Preliminary Plans(11"x17") submitted in PDF via email. Lebo Boulevard Roadway Improvement Project March 11, 2016 City of Bremerton Page 9 SC]Alliance Exhibit A - Scope of Work • Basis for Design Report submitted in PDF via email. Phase 5 Geotechnical Design (by GeoEngineers) Task 1 Site Investigation and Feasibility Evaluation 1) Visual Condition: Perform a visual condition survey of the existing pavement. Use the American Association of State Highway and Transportation Officials (AASHTO)/Federal Highway Administration (FHWA) Pavement Moisture Accelerated Distress Identification System in our evaluation. 2) Traffic Control: Prepare traffic control plans and provide traffic control to include signage and flaggers during Falling Weight Deflectometer(FWD)testing and auger drilling described below. 3) Street Use Permit: Obtain a street use permit to perform site exploration activities described below.The City will pay the permit fee. 4) Falling Weight Deflectometer: Perform a FWD survey to assess PCC and subgrade strength. Select existing PCC panels will be tested at about 500-foot intervals along each travel lane to establish a general support profile along the alignment. FWD tests will not be taken at the panel edges because rubblization or crack and seat methods are to be used as opposed to leaving the existing PCC intact. S) One-call Notification: Contact the One Call Utility Notification system to clear proposed exploration locations for presence of underground utilities as required by Washington State law. 6) Borings: Perform up to 10 hollow-stem auger borings at select locations along the alignment to further assess subgrade conditions and at planned retaining wall locations. We understand retaining walls are anticipated at two locations(south side of Lebo Boulevard east of Warren Avenue Bridge and Juniper Street near the Warren Avenue Bridge connection). For budgeting purposes we have assumed each boring will typically be drilled to a depth of 10 feet below existing grade or less (budget estimate is for 110 linear feet of drilling) and that the existing PCC pavement will be cored and patched at each boring location (assumed slab thickness up to 8 inches).We will perform insitu sampling at 2.5-foot depth intervals in each boring in accordance with ASTM International (ASTM) D 1586(Standard Penetration Test) procedures. 7) Test Pits: Perform up to six backhoe test pits in the existing unimproved grass and shrub covered area along the toe of the current embankment on the Warren Avenue Bridge on-ramp to evaluate conditions for the proposed enlarged fill prism or fill retaining wall. 8) Laboratory Testing: Perform laboratory testing including moisture content and gradation analysis on select samples obtained from the explorations. 9) Pavement Design: Evaluate feasibility and constraints for accomplishing pavement reconstruction by rubblizing or cracking and seating the PCC.We anticipate discussing each of these potential options with specialty contractors to identify critical design and construction considerations. Develop recommendations for pavement underdrains. Lebo Bouleva�d Roadway Improvement Project March I1, 2016 City of B�emerton Page 10 SCJ Alliance Exhibit A - Scope of Work 10) Asphalt Overlay: Develop preliminary pavement design sections for new hot mix asphalt (HMA) overlays for the reconstructed pavement. 11) Draft Report: Present the preliminary study results in a draft geotechnical report for review by the project team. Task 2 Consultation and Final Design 1) Team Meeting: Meet with the design team to discuss our findings and preliminary conclusions and obtain consensus on a preferred option to advance to final design. 2) Final Report: Prepare final geotechnical recommendations for the selected reconstruction option.We anticipate addressing the following: • General earthwork recommendations including subgrade preparation, criteria for imported structural fill, fill placement and compaction criteria, and utility trench backfilling. • Subdrainage measures appropriate to the selected pavement reconstruction option. • Recommendations for overlay and base course layer thickness as appropriate for the selected option. We will require performance criteria such as Equivalent Single Axle Loads (ESALs) or anticipated average daily traffic counts and projected growth rates to complete our analysis. • Lateral earth pressure criteria for design of conventional retaining walls, including seismic and traffic surcharge values, and a recommended allowable soil bearing pressure. We will provide geotechnical recommendations for cast-in-place or contractor-designed structural earth walls and discuss wall drainage. • Construction considerations specific to the selected pavement reconstruction option. Understanding • The City will pay Street Use Permit fees. • The planned explorations do not include an environmental site assessment and the site is assumed to be "clean" regarding hazardous or contaminated materials. Deliverables • Traffic Control Plan submitted in PDF via email. • Geotechnical Design Report in PDF via email. Phase 6 Urban Design (by HBB Landscape Architecture) Task 1 Concept Design 1) Urban Design Alternatives: • Field walk the site. • Develop alternatives for finish treatments at entryway sidewalks, mid-block , crossings, and bus stops (plan view layout). • Develop alternatives for site furnishing for benches and trash receptacles (one presentation board). • Subcontract and coordinate with a sign design company to develop entry sign concepts (billed as expense). Lebo Boulevard Roadway Improvemen[Projec[ March il, 2016 City of Bremerton Page 11 SC] Alliance Exhibi[A - Scope of Work • Develop alternatives for lighting options and column treatments for the Warren Avenue Bridge Portal (one presentation board). • Photoshop Renderings: Develop one presentation board depicting alternatives for entry areas, mid-block pedestrian crossings, bus stops, and the Warren Avenue Bridge portal. • Concepts Cost Estimate: Develop a concept cost estimates for alternatives for site furnishings and portal column treatments. 2) Preferred Urban Design Features: • Coordinate with the City to select and refine the preferred urban design features; street furnishings, pedestrian light poles and fixtures, and paving finishes (1 materials and finishes board). • Coordinate with the City to select and refine the preferred portal concept (1 materials/concept rendering board). • Prepare a preferred concept cost estimate for Urban Design features. • Subcontract and coordinate with a sign design company to prepare a preferred sign concept(1 presentation board with materials and cost estimate) (billed as expense). 3) Proprietary Materials Justification: • Prepare a justification letter for proprietary materials for pedestrian light pole/fixtures and entry sign. Task 2 Community Outreach 1) Open House: Attend one Open House meeting. Budget for presentation boards is included in Task 1 above. Task 3 90% Plans and Specifications 1) Urban Design Elements: • Prepare details for urban design elements (1 plan). • Prepare paving pattern enlargement with key map (1 plan). • Prepare special provisions for the urban design elements. • Prepare cost estimates for the urban design elements. 2) Entry Sign: Coordinate and subcontract with a sign design company to prepare the design intent(materials, dimensions, and costs) (billed as expense) Task 4 Bid Support 1) Bid Support: Provide up to 4 hours of bidding support as directed by the City. Understanding • Urban Design features will be shown on the Plan and Profile and/or Paving sheets. • Site furnishings will be off the shetf products, custom design furnishings are not included. • Sidewalk paving materials and finishes are based on cast-in-place concrete material and textures. Lebo Boulevard Roadway Improvement Project March 11, 2016 City of Bremerton Page 12 SCJ Alliance Exhibit A -Scope of Work Deliverables • Urban design concept alternatives(4 sheets) • Urban design preferred alternative (3 sheets) • Urban design details(1 sheet) • Paving pattern enlargement plan (1 sheet) • Urban design special provisions � Urban design cost estimate • lustification letter for proprietary products • Entry sign design, specifications and cost estimate (by Tube Art) Phase 7 SEPA/NEPA and Permitting Task 1 SEPA/NEPA and Permitting 1) SEPA Checklist: Prepare a SEPA Checklist. 2) Ordinary High Water Mark Mapping: • Conduct research to create base maps and review local codes. • Flag the OHWM in the field and coordinate with the project surveyor. • Prepare a technical memorandum describing the mapping methodology and results. 3) Shoreline Substantial Development Permit: Prepare JARPA application and submit to City. Coordinate with City planning staff during review of permit. Develop required mitigation plan for any identified impacts. 4) NPDES Permit: Prepare a notice of intent for a Construction Stormwater General Permit from the Department of Ecology. 5) Critical Areas Ordinance: Prepare documentation that project complies with the City's � Critical Areas Ordinance. Understanding • Federal funds will not be used for the project. • State funds(TIB grant)will be used for the project. • There are no wetland impacts. • There is no work within the OHWM. • There are no discipline reports required for the SEPA Checklist,except the Stormwater Report prepared under Phase 9. • V11DFW Hydraulic Project Approval and US Army Corps Section 10 permits are not required for changes in runoff volume to the existing close conduit discharges to Port Washington Narrows. • The SEPA determination will be Determination of Non-Significance. Deliverables � SEPA Checklist submitted in PDF via email. • Shoreline Substantial Development Permit submitted in PDF via email. • Mitigation Plan submitted to City to address impacts to shoreline and critical area buffers. Lebo Boulevard Roadway Improvement Project March 11, 2016 City of Bremeiton Page 13 SCJ Alliance Exhibit A - Scope of Work Phase 8 Public Involvement Task 1 Public /nvolvement 1) Focus Meetings: Support the City in meeting with individual property owners and/or business owners to discuss the project and gather input. ' 2) Council Briefings: Provide up to two Council briefings to report on project progress and gather Council input and/or endorsement. Prepare notes from the meetings to document key decisions and/or action items. 3) Public Meetings: Hold up to two public information meetings to report on project progress and gather public feedback. The meetings generally will be timed to occur one to two weeks after the Council briefings. Prepare graphic materials for discussion purposes. Prepare notes from the meetings to document key decisions and/or action items. 4) Project Website: Provide graphic and written materials to the City for posting on the City's project website. Understanding • The City Council will endorse major project decisions based on information provided at the Council Briefings. • Support for Focus Meetings is budgeted at 32 hours. • Website support is budgeted for 16 hours. Deliverables • Meetings summaries for focus meetings, public information meetings,and Council briefings submitted in PDF via email. • Graphics and written materials for the City to post to the project website. Phase 9 Final Design Task 1 Utility Coordination 1) Identify Potho�ling Locations: Based on potential utility conflicts identified under Phase 4, identify requested potholing locations and submit to the City. 2) Potholing: Oversee potholing activities. Up to twelve (12) hours of project engineer time and two trips to the project have been included. It is anticipated this work will occur after identifying conflicts in Phase 4,Task 7.2 and prior to beginning Final Design work. 3) Incorporate Potholing Data: Incorporate potholing data into Civi13D model and review for potential conflicts. 4) Identify Conflicts: Identify utilities requiring relocation and notify utility providers by phone, email, and US mail. Determine if providers will relocate conflicting utilities prior to or during construction. Prepare a relocation tracking matrix and monitor progress by providers to relocate utilities. Lebo Boulevard Roadway Improvement Project Ma�ch I1, 2016 City of Bremerton Page 14 SC] Alliance Exhibit A - Scope of Wo�k Task 2 Roadway 1) Horizontal Layout: Finalize the horizontal layout. 2) Vertical Layout: Determine final centerline grade; develop fina�curb return profiles and intersection grading (16 intersections); develop final driveway profiles for up to 55 driveways; and detail ADA ramps, roadway intersections, and driveways. Develop final back of sidewalk grades and design conformance to existing front yards. Task 3 Drainage 1) Collection and Conveyance: Update collection and conveyance system to address previous comments.Verify gutter spread calculations at catch basins. 2) Treatment Facilities: Finalize the design of water quality facilities. 3) Stormwater Site Plan: Prepare a Stormwater Site Plan (drainage report) per the Ecology Stormwater Management Manual for Western Washington (2012). 4) SWPPP: Prepare a Stormwater Potlution Prevention Plan per the Ecology Stormwater Management Manual for Western Washington (2012). Task 4 Channelization and Signing 1) Striping: Revise pavement marking plans to incorporate any horizontal design changes. 2) Signing: Develop a signing plan to meet the requirements of the MUTCD. Identify sign type,size and location. Identify existing signs to be relocated or removed. Task 5 llluminafion 1) Lighting Layout: Finalize lighting layout based on any horizontal/vertical changes. 2) Electrical Connection: Coordinate power sources with Puget Sound Energy. 3) Line Loss: Perform line loss calculations. Task 6 Landscape Design 1) Comment Resolution: Address City review comments of the preliminary landscape plans. 2) landscape Plan: Provide a complete landscape plan with planting layout, plant schedule, installation details and installation notes for up to six planting areas. 3) Irrigation System Design and Repair: Provide performance specifications for irrigation system design for planting areas identified in the landscape plans and performance specifications for repair of impacts to existing irrigation systems. 4) Temporary Irrigation Systems: Provide performance specifications for temporary irrigation systems or performance requirements for truck watering. Lebo Boulevard Roadway Imp�ovement Project Ma�ch 11, 2016 City of Bremerton Page 15 SCJ Alliance Exhibit A - Scope of Work Task 7 Design Documentation 1) Final Design Report: Prepare a memorandum in addendum to the Basis of Design Report prepared during Phase 4- Preliminary Design. Explain changes to the design and attach supporting documentation and/or calculations. Task 8 60% Progress Meetings: 1) 60% Progress Meetings: Attend up to six meetings in Bremerton to review design and plan progress with the City between Preliminary Design and 90% PS&E. Task 9 90% P/an Sheets 1) The following 60% plans will be updated according the 60% review comments: � Cover Sheet (1 sheet) • Summary of Quantities(1 sheet) • Horizontal Alignment Plan (6 sheets @ 20 scale double stacked full size) • Roadway Sections(3 sheets) • Temporary Erosion and Sediment Control Plans(6 sheets @ 20 scale double stacked full size) • TESC Details and Notes (1 sheet) • Removal and Excavation Plans (6 sheets @ 20 scale double stacked full size) • Roadway/Stormwater Plan and Profiles (12 sheets @ 20 scale full size) • Roadway/Stormwater Details(2 sheets) • Underdrain Plans(6 sheets) • Underdrain Details(1 sheet) • ADA Grading Details(20 sheets) • Paving Plans(6 sheets @ 20 scale double stacked full size) • Pavement Marking and Signing Plan (6 sheets @ 20 scale double stacked full size) • Sign Specification Sheet(1 sheet) • Illumination Plans(6 sheets @ 20 scale double stacked full size) • Retaining Walls(2 sheets @ 20 scale full size) • Landscape Plans(6 sheets @ 20 scale full size) • Landscape Details(2 sheets) • Traffic Control Plans(6 sheets @ 20 scale full size) Task 10 90% Engineer's Estimate 1) 90% Engineer's Estimate: Develop quantities based on the 90%plans. Assign unit costs for quantified item and assign lump sum costs to other items based on professional judgment. Develop a 90%construction cost estimate that includes a 10%contingency. Task 11 90% Contract Documents 1) 90%Contract Documents: Write specifications for all non-standard items.Compile the special provisions into one Project Manual document. Lebo Boulevard Roadway Improvement Project March I1, 2016 City of Bremerton Page 16 SC] Alliance Exhibi[A - Scope of Work Task 12 Final Comment Resolution 1) Final Comment Resolution: Respond to 90%a review comments in a matrix format. Attend one meeting with the City to resolve comments from the 90% review. Task 13 Final PSBE Package 1) Final Plans: Update the plans per the 90% review comments. 2) Final Engineer's Estimate: Update the quantities to reflect the plan updates. Prepare Unit Price Worksheet including item descriptions, unit, quantity and cost. Update the engineer's estimate with revised quantities. 3) Final Contract Documents:Assemble the General Provisions,Special Provisions, and Unit Price Worksheet into one Project Manual document. Understanding • For budget purposes it is assumed flow control requirements will be addressed by direct discharge to Port Washington Narrows using existing closed conveyance systems. • Coordination with utility providers will require up to 60 hours of effort. • Landscape designs will not require an irrigation design. SCJ will prepare performance specifications for irrigation design by the contractor. • The City will provide SU with approved contract documents and boilerplate Division 1 special provisions. • The 90%a and Final reviews will not result in material changes to the design of improvements. Deliverables • Final Basis of Design Report submitted in PDF via email. • Stormwater Site Plan submitted in PDF via email. • PS&E Package (90%) including half-size plans, special provisions, and engineer's estimate submitted via courier to the City(5 copies) and PDF and AutoCAD via email. • PS&E Approval Package (Final) including half-size plans, special provisions, and engineer's estimate submitted via courier to the City(5 copies) and PDF and AutoCAD via email. Phase 10 City Funded Utilities (Water and Stormwater) The design work in this phase covers work to be funded by City utility funds for water and stormwater.The scope of the improvements is shown on Attachment A. Task 1 Water Design 1) Preliminary Design: Provide preliminary plans for replacing one (1) 4" water main crossing at Apple St with a new 8" water main. Plans will show plan and profile for the replaced pipe. Show existing utilities in plan view only to identify pipe crossings for potholing. Prepare an engineer's estimate with a 30%contingency. 2) Final Design: Based on potential utility conflicts identified under Task 10.1.1 4, identify requested potholing locations and submit to the City. Prepare final plans. Plans will Lebo Boulevard Roadway Improvement Project March 11, 2016 City of Bremerton Page 17 SCJ Alliance Exhibif A - Scope of Work show plan and profile for the replaced pipe. Show existing utilities in plan and profile with assumed elevations or pothole elevations where applicable. Prepare an engineer's estimate with a 5%contingency. 3) PS&E Documents: Prepare final documents — plans, specifications and engineer's estimate. Task 2 Stormwater Design 1) Preliminary Design: Provide preliminary stormwater modeling, conveyance design, and plans showing plan and profile for 2,350 linear feet of stormwater main along Lebo Boulevard. Identify the basins tributary to the stormwater improvements. Show existing utilities in plan view only to identify pipe crossings for potholing during final design. Prepare an engineer's estimate with a 30%contingency. 2) Final Design: Based on potential utility conflicts identified under Task 10.1.1 4, identify requested potholing locations and submit to the City. Provide final stormwater modeling, conveyance design, and plans showing plan and profile. Show existing utilities in plan and profile view with assumed elevations or pothole elevations where applicable. Prepare an engineer's estimate with a 5%contingency. 3) PS&E Documents: Prepare final documents — plans, specifications and engineer's estimate. Phase 11 Bidding Services Task 1 Bidding Services 1) Bidding Services: Support City staff during the bidding period as directed. For budget , purposes, 24 hours of support are assumed. Phase 12 Additional Waterline Design (Optional Phase) The City is considering replacement of the lead jointed water main in Lebo Boulevard. 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'C� t� d�� <i ::i�t � �=�...)Q�—�� l �� ---""� i n::j SLIYM�tlUl / ��0'_ O`\\ \ / ��\' � ,� , F'!.SGS::k \`.=.1I _2'S!U.YRlT;;W j � ��/ i f'tN'J�i:D -� �rl�L il'il ::I'-'A=:...�. �� :.. / �4 �i ' , �Tr=� ltl:.�:�NNU: �[ ��,� _+i%Niu u�e u u � -;, ,. � ti ,,.��>;��>� `% ,� `\. � 550 If 12" SD � .. � ;; ; ;� • ,�" -:.. � ,�� `��'-.-_:%'� �� \\I �I � ��;.. \,\ '/ ii� •�� %�'�~r� � \\•� _ _ - % �/ �� / U� � #�r �'��.\\\ i/ ;/ �/ � //\ ``\ ��C//'/ �� 'I I / ��, v\ —_— � � � � / \ �\\ ��i ,�. \ .._-__._._--��—__ �!./_�% // : \ •✓ :\�� •I� '�� -- � / � \� '� �..�� / \ , ';\ �� / � �`"� `� \� \�� \\ l j� � \\ I `�` e0�� '�\,i"� � 6�`� I \�� Q��/�� . � .,.\ \`�`� ,�� ; \ '��:< i '\� \\�•\ � � �. i `,\\ �;!I�� /�\\\� a � I � Q ..� � i •;. ,/:• �,�� % i �`;� . i/� :,�� Q :7�- I �� % '":�/.�� Lebo Boulevard Roadway Improvement Project Scope of Work - Attachment A: City Funded Utilities -1 '.\ \\., `\,. .:� ,� -�`;: i� ,.� �l v,� \ ..� .^��:. \�, \� i: , �� \, =�� \\ \\ �.:�/\ i1 (� l� jl � - ... 'ti, `,••.. �:. \� '' \"�- �i �� ;'� '�/ •;�., j.� �`:"� f' �! ;! `\ �\\ ��. ��` p� � jj , �'� �`� `;' a !L _ �; _ ii_ �� i% '��.. � -� - - - % �\ _,;�;� ; ;, ;; -- , , - - �:< % \••, \_ /'�'„ ' ii �� , � � � `\O \\J I��, 1� ll �� `Q ;� ;r � o 0 1 l� 1 ,11� ', � `��., � �`�� -�_ �I �� ,t �\ � "-' _��l � � J ,:��C�, -- --�Eeo B� �,� �` _. VD_�_�� ,r, —_-_ - __ �� '�--�..�� _-_ — °--__ - _,- ��Jl� ��—i! '�r=--.==ll=--�___ ��-_ _ _ I �L-__-�; �;1 J - li --� � `�L` �,;_ �i , ` � 1 inch = 200 feet --';?, ' �' 12" SD no current _ I� � �( ,��--�� ___ ---_� - SD in this area - '_. )`,.. � - )� !� ��\ 1 Separate from the �� , �.� �f sewer? 800 If 12" �`�� ,i � �l �l --_—� =''�_=-----��—_______ -�. �� Lebo Boulevard Roadway Improvement Project Scope of Work - Attachment A: City Funded Utilities ��Transportation Improvement Board(TIB) �,�� Consultant Agreement EXHIBIT C-3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. 1. Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done,based upon the negotiated hourly rates shown in Exhibits D and E attached hereto and by this reference made part of this AGREEMENT.The rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following 12-month period upon request of the CONSULTANT or the AGENCY.The rates are inclusive of direct salaries,payroll additives,overhead, and fee. " In the event renegotiation of the hourly rates is conducted,the AGENCY reserves the right to audit for any change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to the CONSULTANT subsequent to the renegotiation accordingly. Any changes in the CONSULTANT's fixed hourly rates may include salary or overhead adjustments. 2. Direct Nonsalary Costs Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT.These charges may include,but are not limited to the following items: travel, printing, long distance telephone,supplies,computer charges, and fees of subconsultants.Air or train travel will only be reimbursed to economy class levels unless otherwise approved by the AGENCY The billing for nonsalary cost,directly identifiable with the PROJECT,shall be an itemized listing of the charges supported by the original bills,invoices,expense accounts,and miscellaneous supporting data retained by the CONSULTANT.Copies of the original supporting documents shall be supplied to the AGENCY upon request.All above charges must be necessary for the seroices provided under this AGREEMENT. 3. Maximum Amount The maximum amount payable for completion of work under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. No minimum amount payable is guaranteed under this AGREEMENT.This does not include payment for extra work as stipulated in Section XIV, Extra Work. 4. Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above.The monthly invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D and E,including names and classifications of all employees,and invoices for all direct expenses. 5. Inspection of Cost Records The CONSULTANT and hismer subconsultants shall keep available for inspection by representatives of the AGENCY, and/or TIB,for a period of three years after final payment,the cost records and accounts pertaining to this AGREEMENT,and all items related to or bearing upon these records with the following exception:if any litigation,claim,or audit is started before the three-year period,the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved.The three-year period begins when the CONSULTANT receives final payment 6. Final Payment Final payment of any balance due the CONSULTANT of the gross eamed will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent upon receipt of all PS&E,plans,maps,notes,repoRs,and other related documents which are required to be fumished under this AGREEMENT.Acceptance of such final payment by the CONSULTANT shall constitute a release of claims of any nature which the CONSULTANT may have against the AGENCY, unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The rates and total price of the original contract and any additions or changes thereto shall be adjusted to exclude any significant sums by which the AGENCY determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates or overhead rates, supplied to the AGENCY by the CONSULTANT. TIB Form 190-016 • Revised Oct 2001 Page 14 of 22 Consultant labor Hour Estimate SG Alliance +�� Clienc Clty of Bremerton SCJ ALI.IANCE vro�en. Lebo Boulevard Roadway Improvement Project """"_'"°°`""", lobit P7889.01 File 0� 20160311 fee esdmate lebo Blvd xlsm Perry Scott losh Gary Dan Miranda Alyse Alissa Maddie iosk No. iask oescnpnon Pnncrpal Assoaate Pro�ect Senior Desgner Pro�ect�q �andscape Project Pro�ect iotal Engineer Pnncipal Eng�neer 1 Planner Desgner Coord I Acct Phase O3 ProJect Management Task 01 ProJect Management I I I I 1 IManagement 9�,0 90 0 Z 'Administration 40.0 60.0 � � 60.0 12.0 172.0 - �-- --�� - - - � . _ ..- 3 QualityAssurance/QualiryControl 40.0 I I I 400 Subtotal Hours 40 0 130 0 60 0 60 0 12 0 302 0 Total Phase Hours 40 0 130 0 I 60 0 60 0 12 0 302 0 Total Phase Cost $9,800.00 526,650 00, 57,080 00 $4,800 00 51,260 00 549.590.00 Survey and Rights of Way Delineation(by Phase 02 MTN2COA5T) Phase 03 Alternatives and Concept Design Task Ol Altematives and Concept Design I 1 Lebo Boulevard Cross-Section�Crown vs Shed - 4.0 24.0 40_0 _� 6s o 2 Power Pole Relocation 8.0 16.0 8.0 3z o 3 Juniper Street Sidewalk 8.0 20.0 32.0 60 0 a Oak StreeUBoat Ramp Access Driveway 4.0 16.0 24.0 aa o Subtotal Hours. 24 0 76 0 104 0 i 204 0 Total Phase Hours• 24 0 76 0 104 0 � 204 0 Total Phase Cost $4,920 00 58,968 00 $9,880.00 � 523,768 00 Phase 04 Preliminary Design Task 01 Data[ollectlon 1 Data Collection 12.0 12 0 2 Photographs .. .-' �-� �- --- �-� ' � �� 4.0 40 Subtotal Hours. 16 0 I I 16 0 Task 02 Roadway I I 1 Honzontal Layout 2.0 16.0 40.0 58 0 2 VertiCal LdyOUt 2.0 i 16.0 40.0 580 3 Frontage Design 2.0 24.0 60.0 ss o -. _. .._ .- ..-. a ;Pavement Underdrains 2.0 24.0 16.0 az o 5 Review Workshop with CIN 4.0 4.0 ao 5 Technical Memorandum 2.0 20.0 Zz o Subtotal Hours• 14 0 104 0 156 0 274 0 Task 03 Stormwater I I i Field Analysis- - - - 16.0 _ I_ i6 0 z Modeling 64.0 16.0 � so 0 3 Downstream Analysis 32.p azo 4 Layout -- -�2_0 28.0 24.0 54 0 5 Technical Memorandum 20.0 8.0 � Z8•o Subtotal Hours I 2 0 160 0 48 0 210 0 i ot 6 ana/aot6 Consultant labor Hour Estimate SU Alliance :.i aienr City of Bremerton SCJ ALLIaNCe Pro)ect �ebo Boulevard Roadway Improvement Project """"�'"""""" lob p� P7889 01 Fde p 2036-0311(ee estimate Lebo BWd Mlsm Perry Scott losh Gary Dan Miranda Alyse Alissa Maddie Princ�pal Assoc�ate Pro�ecf Senior Landscape Project Pro�ect Task No 7ask oescr�pnon Engrneer Princ�pal Eigmeer 1 Planner Desgner Project LA Desqner Coord I Acct rotal Task 04 Retaining Walls � 1 Layout 12.0 16.0 2e o z Type Selection 2.0 10.0 � _ I 12 0 3 Technical Memorandum 1.0 10.0 ' � 110 Subtotal Hours 3 0 32 0 16 0 I 51 0 Task OS TraHic and Lighting 1 �Channelization 2.0 ' 12.0 ia o z IStop Warrant 8.0 I I eo 3 Lighting 2.0 8.0 16.0 z6 0 �onstruction Sequenang 4.0 24.0 16.0 440 5 Technical Memorandum 1.0 8.0 16.0 zs o Subtotal Hours � 7.0 50 0 60.0 � � 117.0 7ask O6 Prel�minary Landscape Design I ---1-iDataCollection ---..-..-..-'-- - -- - �-- -- -�- -- -- -4.0 --�- - 4.0 -.-� .-..--'- -I--- - 2 Meenngs , � S.0 2.0 10 0 3 LandscapePlan I 4.0 I 16.0 200 Subtotal Hours•I I 12 0 I 22 0 34.0 Task 07 Utility Mapping 1 Utility Mapping 12.0 12.0 Z4 0 2 Utility Conflict Technical Memorandum �,O 20.0 4.0 26 0 3 Utility Coordination 2.0 20.0 ZZ 0 Subtotal Hours 4 0 52 0 16 0 72.0 Task OB Preliminary Plans 1 Cover Sheet(1) r 6.0 6.0 2 Typical Sedions(2) 2.0 � 4.0 12.0 la o 3 Plan and Profile(12) 4 0 � 24.0 96.0 1240 a Underdrain Plans(6) 2.0 16.0 32.0 so 0 5 ,Channelization(6) 12.0 36.0 480 6 Illlumination(6) I 12.0 I 36.0 I ae o 7 Landscape(6) � 10.0 � 36.0 a5o SubtotalHours� 80 680 2180 100 � 360 3400 Task 09 Project Cost Estlmate 1 Cost Estimate 1.0 � 4.0 24.0 Z9 0 Subtotal Hours 1 0 4 0 24 0 29 0 Task 30 Basls for Design Report 1 �Draft Basis for Design Report � 2.0 16.0 ia o 2 ;Final Basis for Design Report 1 0 4 0 � s o Subtotal Hours 3 0 20 0 23 0 Total Phase Hours 42 0 506 0 538 D 22 0 58 0 1,166.0 Total Phase Cost $8,630.00 559,708 00 551,130 00 $2,530 00 $4,640.00 5126,598 00 2 of 6 3/14/2016 Consultant Labor Hour Estimate SU Alliance %i a�enr City of Bremerton SCJ All1ANCE Pra�ect Lebo Boulevard Roadway Improvement Projed `°""`"""""""' lobp. P7889.07 File It 2016-0311 fee estlmate lebo BNd.Mlsm Perry Scott losh Gary Dan Miranda Alyse Alissa Maddie Task No. Task Descrrprron Pnncipal Assoc�a(e Pro�ect Sen�or Desgner Pro�ect LA Landscape Pro�ect Pro�ecf roral Engmeer Prinapal Ergineer 1 Planner Desgner Coad I Acct Phase OS Geotechniwl Oesign(by GeoEngtneers) Phase 06 Urban Design(by HBB landscape Architecture) Phase 07 SEPA and Permitting Task 01 SEPA and Permitting I 1 SEPAChecklist 2.0 16.0 iso 2 Ordinary High Water Mark Mappmg zq,p I 2a o 3 IShoreline Substantial Development Permit 80.0 ao.o a INDPES Permit 4.0 I I I 40 5 ICntical Areas Ordinance I 20.0 � 200 Subtotal Hours 6.0 140 0 � 146 0 i TotalPhaseHours I 60 1400 � 1460 7otal Phase Cost I $706 00 516,800 00 � 517,508 00 Phase 08 Public Involvement Task Ol Pu61ic Involvement . i Focus Meetings 32.0 I 3z.o z �Counal Briefings 8.0 12.0 4.0 I zao 3 IPublic Meetings 8.0 12.0 4.0 , z4 0 -f--- - q Projed Website 8.0 8.0 � iso Subtotal Hours I 56 0 32 0 S 0 I I 96 0 Total Phase Hours I 56 0 32 0 S 0 I I 96 0 Total Phase Cost �$11,480 00 $3,776 00 5760 00 � 516,016 00 Phase 09 Final Design 7ask O3 Utility Coordlnation I I 1 Identify Potholing Locations � 2.0 4.0 6 0 �Potholing 16.0 � 15 0 3 Incorporate Potholing Data � 2.0 8.0 io 0 a Identify ConFlids 60.0 60 0 Subtotal Hours 80 0 12 0 � 92 0 Task 02 Roadway I 1 Honzontal Layout I 4.0 16.0 20 0 z Vertical Layout 12.0 40.0 5z o Subtotal Hours� 16.0 56 0 ' 72 0 3 of 6 3/Ia/2016 Consultant Wbor Hour Estimate SCl Alliance �`�i u�enr. Clry of Bremerton SCJ ALLIANCE Proiee Lebo Boulevard Roadway Improvement Proje[t ""'"iT1Me�PNCD lobp P7889.01 Fde Y� 2016-0311 fee esNmate Lebo BHd_dsm Perry Scott ]osh Gary Dan Miranda Alyse Alissa Maddie iosk rvo iask Description Pnnapal Assoc�ate Pro�ect Senror Designer ProJect LA Landscape Pro�ect Pro�ect iotal Engineer Princrpal Engineer 1 Planner Desrc�ner Coord I Accf Task 03 Dramage 1 Collection and Conveyance 8.0 � e o 2 Treatment Faalities 8.0 8.0 I 160 3 Stormwater Site Plan 24.0 16.0 no.o 4 SWPPP 24.0 8.0 32.0 SubtotalHours � 64.0 32.0 960 7ask 04 Channeli:ation and Signing I 1 Striping I 2.0 I 8.0 300 2 Signing 2.0 12.0 140 Subtotal Hours 4 0 20 0 24 0 Task OS Illuminatlon I I I i i Lighting Layout I 2.0 _�16.0 I _ ie o - ---- ---I- - - - - - - z Eledrical Connedion - - g,p � ao 3 Line Loss � 2.0 � 8.0 io 0 Subtotal Hours. 12 0 24 0 I 36 0 7ask 06 Landscape Design I 1 Comment Resolution i 4.0 4 0 z Landscape Plan 4.0 20.0 z4 0 3 Irngation System Repair I I S.0 _ e o _ 4 Temporary Irngation Systems 8.0 8 0 SubtotalHours � 240 200 440 i Task 07 Des�gn Documentatfon 1 Final Design Report I 1.0 4.0 I 5 0 Subtotal Hours I 1.0 4 0 I I 5 0 7ask 08 60X Progress Meetings � -_.� 1 60%Progress Meetings 18.0 24.0 8.0 50 0 Subtotal Hours. 16.0 24 0 8 0 50 0 Task 09 90%Plan Sheets I I - - ��- - -- -- i i Cover Sheet(1) z,p i o 2 Summary of Quantities(1) 1.0 4.0 5 0 3 Horizontal Alignment Plan(6) 2.0 12.0 I _ I_ 1ao a Roadway Sedions(3) 2.0 8.0 io 0 5 Temporary Erosion and Sediment Control(6) � 8.0 32.0 ao 0 6 TESC Details and Notes(1) � i 2.0 6.0 s.o 7 Removal and Excavation Plans(6) - I - - 4_0 I 32.0 - 360 e Roadway/Stormwater Plan and Profile(12) 24.0 72.0 96.0 9 Roadway/Stormwater Details(2) 2.0 8.0 10 0 10 Underdrain Plans(6) 16.0 24.0 aoo 11 Underdrain Details(1) B.0 12.0 zoo 12 ADA Grading Details(20) 24.0 80.0 Soa o 13 Paving Plans(6) � 16.0 48.0 �o 4 af 6 3/l4/2016 Consultant la6or Hour Estimate SCl Alliance �`�'"o_ a�ene: Clty of Bremerton SCJ ALL.lANCE rroiec[. Lebo Boutevard Roadway Improvement Project ."'"".'"'°"'`" iob p P1889.07 F�le p� 2016-0311 fee estimate�ebo BNd.xlsm Perry Scott ]osh Gary Dan Miranda Alyse Alissa Maddie iask No Task Descnpaon Pnncipal Assoc�ate Pro�ect Sen�or Desxlner Pro�ec!LA Landscape Pro�ecf Pro�ect 7ota1 Engineer Prinapal Engineer 1 Planner Designer Coortl l Acct 1a Pavement Marking and Signing Plan(6) 8.0 36.0 44 0 15 Sign Speufication Sheet(1) _ 2.� 8.0 ioo -i5 Illumination Plans(6) � 8.0 36.0 44.0 _ -i� Retaining Walls(2) � 4.0 � � I zo.o _ ia Landscape Plans(6) � 4.0 � � za o � i�ndscape De[ails(3) � � � 2.0 16.0 ie o zo Traffic Control Plans(6) � �4.0� 24.0 �� Z$o Subtotal Hours � 135 0 I 460 0 6 0 36 0 � 637 0 Task 10 90X Engmeer s Estimate � �%Engineer'sEstimate � 1.0 12.0 20.0 ! 1.0 60 400 SubtotalHours•I 10 � 120 Z00 I 30 60 � 400 Task 31 90%Contract Documents • � � 1 9�%Contract Documents � 2.0 24.0 � 4.0 30 0 Subtotal Hours 2 0 24 0 � 4 0 30 0 Task 12 Final Comment Resolution T- _ , 1 Final Comment Resolution �0 �0 � 4.0 � � 14 0 Subtotal Hours I 2.0 8 0 I 4 0 I I 14 0 Task 12 Final VS&E Package � i IFinal Plans ��4.�16.0 � 60.0 4.0 24.0 ioso z Final Engineer's Estimate 1.0 4.� 8.0 2.0 � � � 19 0 g Final Contract Documents � 12.0 � 4.0 16 0 Subtotal Hours 5.0 I 32 0 68 0 10 0 � 28 0 143 0 � Total Phase Hours: 29 0 415 0 700 0 49.0 90 0 1,283 0 TotalPhaseCost � $5,94500 $48,97000 $66,50000 $5,63500 $7,20000 ' S134,2500Q Phase 10 City Funded Utllities(Water and Stormwater) Task OS Water Design . . 1 Preliminary Design � �0 12.� ie o -2 Final Design - -- � - - 4.0��8.0 ��- - - 1z o -� . -� - � 3 PS&E Documents 1.� 2.� 2.0 5 0 Subtotal Hours 1.0 12 0 22 0 35 0 Task 02 Stormwatei Design i - - � - i Preliminary Design �- 16.0 � � aa.o z Final Design -� 20.� I 40.0 � � � so 0 3 �&E Documents � 2.0 I 4.0 4.0 � � io 0 Subtotal Hours:l . 2.0 I 40 0 I 76 0 i I 118 0 Total Phase Hours 3 0 52 0 98 0 � 153 0 Total Phase Cost $615 00 56,136.00 ' 59,310 00 516,061 00 5 of 6 3/19/7016 Consultant labor Hour Estimate SG Alliance �e� a�ent: City of Bremerton SCJ ALLIANCE aro�en• Lebo Boulevard Roadway Improvement Project <oK,.,.n.a.�� lob a P1889.01 File p 2016-0311 fee eshmate Lebo Blvd.alsm Perry Scott losh Gary Dan Miranda Alyse Alissa Maddie Task No iask Descnpnon Pnncipal Associate Pro�ec( Senror Desgner Pro�ect LA �andscape Pro�ect Pro�ect Total Engineer Prmc�pal Eng�neer 1 Planner Des�gner Coord 1 Acct Phase 11 Bidding Services � � Task 01 Bidding Services � i Bidding Services 6.0 12.0 6.0 Z4.o Subtotal Hours• 6 0 12 0 6 0 I 24 0 Total Phase Hours. 6 0 12 0 6 0 24 0 TotalPhaseCost: $1,230.00 $1,416.00 572000 $3,36600 Total Hours All Phases 40 0 290 0 � 1,159.0 � 146 0 1,448 0 71 0 148 0 60 0 12.0 3,374 0 TotalCostAllPhases $9,80000 $59,45000 $136,76200 $17,52000�5137,56000 $8,165.00 $11,84000 $4,80000 $1,26000 $387,15700 6 of 6 3/14/2016 Consultant Fee Determination ,�,�-;,�„ ,� �: „�► a��. '....rr^CJ AcLI.IANCE SU Aliiance ""`="""'°�"'"„`� Client: City of Bremerton Project: Lebo Boulevard Roadway Improvement Project lob 11: P1889.01 File ti: 2016-0311 fee estimate Lebo Blvd .xlsm Consultant Fee Determination SALARYCOST Discioline Hours Rate Amount Principal Engineer 40.0 $245.00 59,800 Assooate Pnnapal 290.0 $205 00 559,450 Pro�ect Engineer 1 1,159 0 $118.00 $136,762 Senior Planner 146.0 5120 00 $17,520 Designer 1,448.0 $95 00 $137,560 Project LA 71.0 5115.00 $8,165 Landscape Designer 148.0 $80.00 $11,840 Pro�ect Coord I 60 0 $80.00 54,800 Pro�ect Acct 12.0 5105.00 $1,260 Subtotal: 3,374.0 7otal5alary Cost $387,157 SUBCONSULTANTS Phase 2 Survey and Rights of Way Delineation MTN2COA5T 547,300.00 Phase 7 Geotechnical Design GeoEngmeers $46,500.00 Phase 10 Urban Design HBB Landscape Architecture 533,900 00 SubconsultantFee $127,700 Subconsultant Markup. 109� 512,770 TotalSubconsultants 5140,470 REIMBURSABLES Copies,Reproductions,et 2.5% of Total Salary Cost $9,700 Mileage 1,500 miles at $0.560 $840 Total Expenses: 530,540 SUBTOTAL(SALARY,SUBCONSULTANTSAND EXPENSESJ Subtota1�Salary,5ubconsultantsand Expenses) $538,167 MANAGEMENT RESfRVE FUND(MRFJ Management Reserve 10 0% of Subtotal $53,817 Total Estimated eudget: $591,984 3/74/2016 Page 1 Phase Summary Table Summary-Cost by Fund Phase# Phase Title SU Hours Total Cost Road Stormwater Water Sewer SU Labor SU Labor Phase 01 Project Management 302.0 $49,590 $35,809 $12,400 $1,381 $0 Phase 03 Alternatives and Concept Design 204.0 $23,768 $23,768 $0 $0 $0 Phase 04 Preliminary Design 1166.0 $126,598 $87,912 $35,212 $3,468 $0 Phase 07 SEPA and Permitting 146.0 $17,508 $12,643 $4,378 $487 $0 Phase 08 Public Involvement 96.0 $16,016 $11,565 $4,005 $446 $0 Phase 09 Final Design 1283.0 $134,250 $105,442 $27,622 $1�192 $0 Phase 10 City Funded Utilities(Water and Stormwater) 153.0 $16,061 $0 $12,350 $3,711 $0 Phase 11 Bidding Services 24.0 $3,366 $2,431 $842 $94 $0 'Subtotal 3374.0 $387,157 � � $279,570 $96,808 $10,779 $0 � Subconsultants � Subconsu/tants Phase 02 Survey and Rights of Way Delineation $52,030 $37,586 $12,985 $1,459 $0 Phase 07 Geotechnical Design $51,150 $36,951 $12,763 , $1,436 $0 Phase 10 Archeological and Architectural Inventory $37,290 $26,939 $9,305 $1,047 $0 -5ubtotal Survey and Rights of Way Delineation $140,470 � � $101,476 $35,053 $3,941 $0 � Reimbursable Expenses � Reimbursable Expenses � Phase 99 Reimbursable Expenses $10,540 $7,620 $2,610 $310 $0 Management Reserve Fund(MRF) ' Management Reserve Fund(MRF) Phase 98 Management Reserve Fund (MRF) $53,817 $39,014 $13,202 $1,601 $0 �Total $591,984 ; ; $427,680 $147,673 $16,632 $0 � 72% 25% 3% !��Transportation Improvement Board(TIB) `•�� Consultant Agreement EXHIBIT F-1 Payment Upon Termination of Agreement by the Agency Other than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the 6me of termination is to the total work required for the PROJECT. In addition, the CONSULTANT shall be paitl for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the PROJECT. In addition,the CONSULTANT shall be paid for any authorized extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of teRnination of this AGREEMENT plus and direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. T�B Form 190-016 Pa e 20 of 22 Rewsed Od 2001 9 �.�` Transportation Improvement Board(TIB) r��''�� Consultant Agreement EXHIBIT G-1 Subcontracted Work The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT: Phase 2 - Survey and Right of Way Delineation - MTN2COAST Phase 7 - Geotechnical Design - GeoEngineers Phase 10 - Urban Design - HBB Landscape Architecture T�g Form 190-016 Revised Oct 2001 Page 21 of 22 AGENDA BILL � CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: March 23, 2016 Agreement with JB Reward Systems to COUNCIL MEETING Date: April 6, 2016 pertorm a Compensation and Classification Department: City Attorney's Office— Study Human Resources Presenter: Charlotte Belmore � Phone: (360) 473-5926 SUMMARY: BMC 2.50.030 states that a salary survey shall be conducted every five (5) years or as otherwise appropriate to ensure proper assignment to salary bands. The last study was conducted in 2005. The proposed agreement will allow JB Reward Systems to complete the required study which will include Management, Professional, and Teamster positions. ATTACHMENTS: 1) Professional Services Agreement and 2) Proposal &Work Plan FISCAL IMPACTS (Include Budgeted Amount): $50,000 for the Compensation and Classification Study has been included in the 2016 budget. The fee for services in the agreement is not to exceed $54,000; however, the cost is not anticipated to exceed $50,000. In the event it does, the Department believes it can absorb the additional cost in their current budget. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: x0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with JB Reward Systems; and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 � PROFESSIONAL SERVICES AGREEMENT JB Reward Systems The City of Bremerton ("City") and JB Reward Systems ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: . 1. Scope: The Consultant agrees to perform the services more specifically described in the proposal, dated January 25, 2016, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement by September 2016 however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. Ild. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed 54,300. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationshi� of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's Bremerton/[JB Reward S s�Lteml Classification and Com�ensation Study Rev o2-16 Page 1 of 7 employees and other Consultants. None of the benefits provided by the City to its employees, including,but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business&Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent,the City may withhold the delinquent amount,plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers hannless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects Engineers and Any Other Professional Listed In and Performin� Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER 1NDUSTRIAL 1NSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/[JB Reward Svsteml Classification and Compensation Study Rev 02-16 Page 2 of 7 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than$500,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanl:et contractual; products/completed operations/broad form property damage; explosion, collapse and underground(XCU) if applicable; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim. .5. Workers Co�nuensation insurance as statutorily required by the Industrial Insurance Act ofthe State of Washington,Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail,return receipt requested to City of Bremerton,attn:Risk Management,345 6t"Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. Bremerton/jJB Reward S�teml Classification and Compensation Studv Rev 02-16 Page 3 of 7 The City also reserves its unqualified right to require at any time and for any reason,proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownershi� and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bainbridge Island, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. � C. Use of Photo�phs and Ima e�s. Consultant shall not use or distribute photographs I or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work. Bremerton/jJB Reward S s�ml Classification and Compensation Studv Rev 02-16 Page 4 of 7 E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bainbridge Island, Washington. Meetings with the City staff as described in Exhibit A, Proposal, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. - I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address 345 6t" Street, Suite 600 P.O. Box 10036 Bremerton, WA 98337 Bainbrid�LIsland, WA 98110 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. Bremerton/[JB Reward S s�eml Classification and Compensation Study Rev o2-16 Page 5 of 7 O. Assi� Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Dela�s: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1)any acts of the federal government in controlling,restricting,or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten(10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Ri ng ts U�on Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for Bremerton/[JB Reward Systeml Classification and Compensation Study Rev 02-16 Page 6 of 7 certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT By: By� its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R\Legal\Legal\Contracts\FORMS\Professional Services Agrcement Form(2016).doc Bremerton/LB Reward Systeml Classification and Compensation Studv Rev 02-16 Page 7 of 7 City of Bremerton Compensation & Classification Review for: Management, Professional, & Teamsters Our Proposal and Work Plan � January 25, 2016 REWARD SYSTEMS Bainbridge Island, Washington REWARD SYSTEMS Jacobson, Betts& Compnn�� January 25, 2016 Ms. Charlotte Belmore Human Resources Manager City of Bremerton 345 6`h Street Suite 600 Bremerton, WA 98337 Dear Ms. Belmore: JB Rcward Systems is pleased to submit the enclosed proposal to assist the City of Bremerton Island with compensation and job classification consulting services. Your description of thc project scope and responses to our questions, have enabled us to develop a projcct work plan we believe is uniquely responsive to your needs. The City of Bremcrton is unique in that its scrvice arca is substantially larger than the population within its boundaries. With a highly skilled and diverse work force delivering services, the City provides a scope of public services expected by the community and perhaps well beyond many other Cities of similar size. It is our understanding the City wants to preserve a high levcl of scrvice and be a competitive employer in thc immediate rcgion. In that regard, the City seeks assistance to modernize its compensation plans and all other aspects of its job classification and compensation program for Management, Professional, and Teamster-represented staff. The City also wants assurancc it reccives decision support for, and tools to: ■ Accept and advance a compensation philosophy that considers the cost-of-living on the island versus its financial abilities, ability to recruit, and more importantly to retain highly skilled,high performing staff through creative salary structure dcsign. ' ■ Maintain the ro ram once im lemented. This means understanding costs. Our P g P computcr-aided model itemizes costs over a 4-year period right down to each employee. ■ Provide a constant window on competitive market trends. ■ Assurc internal pay equity with advanced job analysis and evaluation methods. PO Box 10036 Page 1 Seattle,Washington 98110 206.624.4944 Wc believe we are thc only bidder to this project with computer-aided tools to expcdite the job alignment process, design salary structures, and help the City manage costs. Thc City receives the JOBMEAST"' system for evaluating jobs and our SALPLAN�"' decision support model as part of our service. We also provide free technical support to the decision support models we dcsign. We are committed to devoting at least 210 professional hours over a period of about 65-80 days for the purpose of designing your job classification system, salary structures, developing cost- effective implementation, and lcaving with you state-of-the-art decision support for budgeting, job evaluation,and technical tools. ■ Professional fees and expenses includes 210 hours: $23,100 ■ Same scope including job descriptions adds 90 hours: $31,200 I will bc your project manager. 1 come with substantial expericnce working with public sector organizations of similar size and complexity, where I have led and participatcd in many studies of similar size and scope having unique cost-of-living, economics, demographics, recruiting challenges, and scrving populations many times largcr than thc official population. There are several additional facts about our firm and its services that wc believe add to our ability to servc the City and go beyond what other firms bring to the project. ■ Consniting `style'. You will find our consulting style to be engaging and sensitive to a diverse workplace. Employees will also find it relaxing to work with us. ■ Data Management. We maintain a data warehousc of municipal salary information. We can support the City's choice of competitive goals by linking them to organizational size, dynamics, and performance. ■ Accessibility. We reside in the area and share a commitment to quality of life that is consistcnt with the City. We arc very enthusiastic about the potential of working with the City. If you select us, you havc our commitment to high quality, cost-effective, and timely results. The proposal contains references. Please contact them. Please contact me with questions or to provide additional discussion. Very truly yours, Vance B. Jacobson CEO and Managing Consultant PO Box 10036 page 2 Seattle,VVashington 98110 206.624.4944 Work Plan and Deliverables REWARD SYSTEMS Bainbridge [sland, Washington Technical Work Plan and Deliverables As a prcface to the work plan, we would like to point out several aspects of our ]evel of service and approach that make us uniquely qualitied and provide the City of Bremerton with substantial value for its investment in our consulting services. ■ Experience in Education. Jacobson,Betts and Company, doing busincss as JB REWAIZD SYS1'EMS, has workcd with over 100 public sector organizations and pioneered many of the positive changes that have occurred in the last decade in arcas such as skill- bascd carccr laddcrs, salary structures that support pay-for- performance,and cost-effective implementation processes. ■ Salary Surveys. We specialize in surveys for government education and healthcare, and in unique labor markets. For thc City,this means we will collect compensation data from: ■ Municipalities in the region serving comparable populations and demographics, ■ Municipalitics of similar economic base ■ Municipalities of comparable staffing,and ■ Municipalities with forward thinking programs. ■ Internal Job Evaluation. JB REWARD SYSTEMS owns Technical support (JOBMEASTM) which is wcll known for its ability to align job for our decision classes according to their rclative worth to the organization. Thc support systems is City will receive this system—at no extra cost. part of this proposal ■ Automated Decisinn Support. Wc will provide our newest version of thc computer-aided model, SALPLANT��, which streamlincs the job evaluation process, enables budget and finan- cial analysis,and allows for change. The model will help you: ■ Analyze Market-to-Structure conversion challenges. ■ Save time spent making pay-related decisions. ■ Computc and archive job evaluation information. ■ Facilitate short and long range salary planning. ■ Optimize cquitable allocation of salary dollars. The following tasks describe how we will conduct the project to meet the objectives of the City. � TASK A. INITIATE SERVICES Thc initial project phasc will cnable us to ]carn about thc City's current challengcs and future needs and goals. We will work with City Administration and participating employees to define job design and compensation program necds, ultimately providing us with specific direction for thc remainder of the study. Page 1 , Step 1: Conduct Preliminary Assessments. We will assess currcnt program strcngth and engage in dialogue with City Administration about altcrnative compensation structure designs, such as,but not limited to: ■ specific job designs, ■ grouping of managemcnt and represented positions, ■ competitive positioning, ■ architecture of salary ranges, ■ the rolc and cost of bcnefits,and ■ decision-making processcs. As part of this step,we will: First Discussions ' Learn about the City's existing organization structures, recent scartup � w;ch and proposed changes in key contributor job designs. AdministraHon ■ lnitiate discussions with City Administration about its Classiiications compensation stratcgy,such as but not limitcd to: Structures ' Job categories and definitions � Modernize current job designs Decision tuuls � Futurc job design needs ■ Salary structure and design options to support- � Internal pay equity and pay compression Poucies � Competitive and cost goals � Long term salary growth Confirm Wurk ■ Dccision-making —� Schedu�e ana � Job alignment/evaluation tools Scope � Archiving and cost analysis models Communicanon Conduct initial orientation of Human Resources staff. . processes ■ Thc first of two training scssions. ■ The process for rcviewing specific jobs. ■ Job evaluation system. ■ Contirm the work plan and milestoncs to ensure the work plan stcps are structured to meet thc project's objectivcs. Step 2: Devciop Communications and Introduce the Project. We will meet and have meetings/communications with management .Hours: 15 and other key staff,as neccssary to develop and discuss: ■ Schedules,objectives,and expectations, Calendar: DaVs 1-3 � • The participative climate, i ■ Criteria for job titles and qualitications, ■ The job classification process, TASK A Deliverables: ' Accessing job content workshcct matcrials,and ■ Management,staff ' Communications and problem solving procedures ', communications • ■ orientations Step 3: Upload Employee Pay lnformation. We will ask for ■ Final Work Plan existing salary and benefit information, structures, and supplemental ■ SALPLANT""model forms of cash and non-cash compensation. This information will assist us in constructing the SALPLANTn�decision support modcl. Page Z Classification TASK B. JOB ANALYSIS STUDIES Phase begins here � VVe believe thc City should install a proven and logical decision- making process for classifying and placing management and key contributor positions into salary ranges(job evaluation,sce below). Step 1: Collect Job Description Information. We will work with Administration and Human Resources to: ■ Collect, review, and assess cxisting job documentation information to improve job level definitions. ■ Learn about the job skills, designs, and duties that will be needcd in the future. ■ Suggest consolidations and/or expansions of existing positions, creation of ncw ones, and elimination of those not used or supporting thc City's current and future needs. Step 2: Distribute Job Content Data Requests. We will offer a Job Content Worksheet for distribution, as needed, to get additional and meaningful information about jobs. We havc developed a unique 3-page workshcct — Ycs, a 3-pagc workshcct — that provides an casy-to-use method for updating job content, descriptions, and preparing for job analysis studies. The procedurc for issuing the worksheet will be: Data Existing Job Sources Documentation and Job 1ob content is reviewed by the consultant Content Data Sheets Job needs are conveyed from Administrators Study the jobs -Administrative direction Worksheet requests offered to any -Individual work sessions staff member -Site—facility visits -Small group meetings Step 3: Mcet with Department Heads. Wc will meet with management to lcarn about services and strategic directions: Job hierarchy list ■ Learn about skill-level and position dynamics for jobs to be included in the salary survey, Hours: 90 . ■ Identify the City's emerging needs,and ■ Learn more about their organizations and secondly, about thc Calendar: Days 10-40 subordinate jobs and future necds. Deliverebles: Step 4: Conduct Job Analysis Interviews (work sessions). ■ Study and alignment of We will hold work sessions in one-on-one or site visit setting, to work all City jobs that are with at least one study participant in each position. part of the survey ' ■ lob list ■ For purposes of sctting a project budget, we estimate conducting at least 43 work sessions. Page 3 TASK C. PREPARE JOB DESCRIPTIONS,OPTIONAL We will prepare all out-of-datc descriptions and update newly completed documcnts using our format. Some of Our Job� Description Competencies for advancing in a Features management career path Duty/responsibility lists that are outcome-based ADA language for both cognitive and physical abilities We prepare descriptions to summa support and describe: Plans,organizes,and directs a multi-skilled team that ensures safety and cleanliness, RECRUITMENT and operaGng integrity of ' � sites,infrastructure and field _ Directs, monitors, reviews, and RETENTION Career Features trains staff on safe work practices. (career path) The Director—Facilities i construction,maintenan Directs and develops budgets for ------- -----------. and landscaping services. preventative and ongoing upkeep, ' JOB CONTENT Director requires compet repair,and upgrade projects. L__"___-_'.'.-! Duties and Accountabilit Knowledge and Skills ACCOMODATIONS Establishes ob�ectives, Requires professional knowledge of budgets for current oper mechanical,structural,construction Abilities Monitors construction p ensures cost and time pe Requires the ability to organize and sequence services for optimal use of Evaluates work ord physical Abilities JOB CLASSIFICATION& effectiveness. COMPETITIVE,FAIR � Requires ambulatory abdity to move SALARY STRUCTURES M,,,,,e about project sites,visual acuity to Education and Experience Bachelor's degree in construction NEXT STEPS management,architecture,and 6-8 Hours: 85 Step 1: Prepare `Drafts' of All DescripHons. We will prcpare a description for every unique job title in thc study. The first step will be Calendar Davs:30-70 to work from the job description workshccts and existing documents to preparc a draft. Deliverables: Stcp 2: Finalize DescripNons. We will route descriptions for final ■ 115 Descriptions review by management and bargaining unit designces. Page 4 TASK D. APPLY JOB EVALUATION SYSTEM The job cvaluation (mcasurement) phase of the project will align all positions and employees into the proper salary range, striking a balance bctween internal equity–the primary standard–and thc labor markct. First, A Word on Job Measurement The JOBMEAST"'system of cvaluation is the key to professional salary The most state-of- administration. It is a point-factor system that is widely recognized for JOBMEASrM the-art system for its ability to accurately balance internal alignment (fairness) and setting pay external competitiveness of jobs. Wc believe this system to bc of superior design and optimally weighed, thus providing a consistent � approach (with rater reliability) to evaluating internal equity and assigning jobs to pay grades: THE MEASURES Wc will evaluate all positions using thc point factor job evaluation SKILL AND EFFORT yystem,JOBMEASTM. - Knowledge - Problem solving The JOBMEASTM will enable us to develop: - Human Relations - Ph�sical skills ■ Groupings of positions with comparable worth to cach othcr, ■ Proper spacing to dcfine organization levels, define —► CONDITIONS promotions,and minimizc pay compression. � - Physical Effort The JOBMEASTM system is widely used in private industry, service, - Safety - Performance and public sector organizations for all types and levels of positions. constraints The JOBMEAST"' system consists of five factors which constructed to conform to the basic legal requirements that pay can be differentiated RESPONSIBILITY on differences in skill,effort,conditions and responsibility. - accountability JOBMEAST� evaluates key job content factors and focuses on job - Impact on service content, not on the individual performance. This job relatedness and other teams feature is a crucial test in auditing pay equity. - Financial impact Stcp 1: Evaluate all Positions. Wc will conduct a point- factor evaluation of all positions which will produce a hicrarchy of job classifications arranged from high to low. Step 2: Analyze Internal Pay Equity. Wc will analyzc thc equity of thc organization's internal pay practices. Pay Eq�dty Malysle Audit? � Step 3: Study `Outlier' Positions. If thcre arc positions � with pay above or below an acceptable `band', we will � m � conduct a special review to make sure wc have (1) the correct � n information or(2)there is an inequity. » � � z. Step 4: Review Posidons with Administrators. Wc ` � will review the position list with Administrators and Human � Resources and, discuss ncw information, ideas, and concerns „ about alignment of participating positions. ,000 ,wo :000 seoo a000 Job Rel�tlw VNw(P�) �iEaAeNal ■EaTupR I J Page 5 This step is also important for these reasons— � Construct an equitable salary structure,and � Select optimal SURVEY BENCHMARKS Task D Hours: 15 Salary Tech.& Public Publu C�ry Grade Business Works Safetv Admin. Plamm�� 35 � Calendar: Days 40-50 33 ,' 32 � � � � 31 � Deliverables: 30 , � � 29 � • Position Hierarchy 28 � ■ Pay Equity Analysis Z� � � ■ Briefing to Admin.,HR ■ Job Evaluation Training TASK E. SALARY SURV�Y Compensation Phase begins ' here We will compare the current total compensation of the City with competitive practices in the region and among.Cities that have similar financial makeup and may compete for qualified staff. Compensation Survey: 20 positions and 8-12 organizations. Step 1: Identify Sources of Survey Data. We will collect salary information ideally from 12 organizations, identified by the City as comparable in scope and quality of service,size,complexity, local cost- of-living, and location. Supplemental resources available for this project, using thc JB REWARD SYSTEMS databases: Local: CiHes in the Puget Sound region Regional: Similar community demographics Other possibilities: ■ Healthcare JB Reward Systems Database . • Industry " ■ Education . " Step 2: Collect Compensation Survey Data. We will obtain salary and benefit cost information from"targeted"employers. ■ Abovc referenced positions ■ Salary Ranges and Structures ■ Rangcs(minimum and maximum), ■ Structure features(e.g.,years to the max.) ■ Benefit plan and Retirement paid by the employcr ■ Supplemental pay for longevity, professional devclopmcnt, and additional education,certifications,stipends,etc. Page 6 Step 3: Compile Total Compensation Survey Data. Wc will collect and tabulate thc total compensation survey information in compet�ve�►nays�s tabular and presentation graphic format. Data will be reported in accordance with profcssional standards, that being quartilcs and �.� Percentile averages. Other data will be reported in thc same manner or by 7s`h � frequency count,nanative,and cost. � �'� Median �e City r�s.00 25th Manager, Utilities Operations, in $000 _ �0,00 Range City Competitrve � Percentile 25'" 50'" Av� 75`�' 90'" Range Standing :�� — Start $59 6 67.1 66.8 67.6 79.6 63.6 35'h Pctl. Year 4 $63.2 74.0 78.6 83.2 88.6 73.6 45'h Pctl t1o.00 Max. $82.0 84.5 93.9 97 5 102 0 81.2 40'h Pctl t000 tsao moo tsoo Job Relative Value The Salary Survey includes site visits to selected participants to assure credibility of the job matches. Hours: 30.� Calendar: Days 45-55 Deliverables: ■ Survey of 8-12 organizations � Implications to the City's salary schedules TASK F. SALARY STRUCTURE DESIGN Designing a compensation structure/schedule involves the integration If the City would like to adopt new of several factors including compensation philosophy, culture, and salary grid architecture,e.g., ability to fund a specific compensation system. ■ Wider ranges with more,smaller The plan must bc intcrnally equitable, competitive, affordable, and steps---- meet the organization's requirements concerning recruitment,retention, ■ The SALPLANTM model will and performance goals. We will work with Administration/Human simulate and give costs for Resourccs to reassure the compensation strategies that will be used to change scenarios guide the design of the recommended compensation plan. Step 1: Create Structure Options. Wc will facilitate a process to: ■ Convert the competitive and internal business and academic objectives into precise analysis of cost- benefit implications at various compctitive levels. ■ Explore options for the specific design, or architecture of the salary grid. Step 2: Finalize Salary Structure Architecture. We will produce a recommended salary structure for all categories Page 7 and levcls of positions in the City. We will suggcst that a gradc systcm be established for all levels and job classifications, including part-timc. This will greatly simplify . '� 70 � 65 � 60 0 55 00 50 w 45 � 40 Z. 35 � 30 y 25 20 . Grade 5 Grade 6 Grade 7 Grade B Salary Grade Hours: 15 administration as well as making changes to the salary ranges � ovcr time. Calendar Days: 45-55 1 . � - I Stcp 3: Develop a Rangc Conversion Plan. Wc will prepare recommendations and procedures to the City that will : Deliverables: provide a graded compensation structure encompassing all ■ Compensation Structures to positions. support City goals ■ Implementation Cost Analysis We will also devclo a s ecific action lan for convertin using SALPLANTM decision p p p � from onc set of pay structures to another and address issues support model such as competitiveness,pay compression,costs,etc. TASK G. FINAL IMPLEMENTATION PLAN This task is designcd to convert all previous steps into a step-by-step short and long-term implementation and program maintenancc plan. The SALPLANTn' model will facilitate a detailed cost impact analysis for the City and each employee for a 4-year period. Step 1: Develop Implementallon Plan. Thcre arc sevcral considerations to developing an implementation plan: ■ development of the strategy or plan, ■ internal equity issues, ■ implementation cost and limitations,and ■ timc required to implement in the new stratcgy. We will develop and recommend an implemcntation plan to achieve desired internal equity and external competitiveness goals. Wc will then dcvelop a time frame und the steps for successful implementation. Step 3: Itecommend policies and Procedures for Salary Administration. We will recommend spccttic policies, procedures, and decision support, as needed, for pay Page 8 administration, such as, but not limitcd to, reclassification, advancement,promotion, and devclopment of new jobs. TASK H. REPORTS & PRESENTATIONS We will prepare a report in hard copies and an electronic file for submittal to the City. The City will also receive one copy JOBMEASTM system technical manual along with training and will sign a license agreemcnt to protect copyrights. The final report: ■ Section 1. Management Summary. We will highlight key findings and recommendations: ■ Competitiveness,actual versus stratcgy. ■ Salary survey results. ■ Internal alignmcnt of non-represented positions. ■ Compcnsation arrangements. . Hours: 40 ' Section 2. Implementation Plan. The second scction will be the rccommcnded implementation plan. Calendar Days: 60-80 � • SecNon 3. Technical Materials. Proprietary matcrials 'i. that provide guidance to program maintenance, including a _ technica] manual for: , Deliverables: ■ Implementation plan ■ JOBMEAST"'SALPLANT"'models,and that is reasonable ■ Job descriptions. ■ Report and Training ■ Communications ■ SecNon 4. Training. The curriculum for and training in job classification,job evaluation,and descriptions. We will prescnt our report to the City and be available to make a presentation to the City's governing board. Cost: Professional fees and expcnses=�23,100 Cost with position descriptions: �31,200 Page 9 Our Company ■ Company Profile ■ Proj ect Organization ■ Resumes ■ References REWARD SYSTEMS Bainbridge Island, Washington REWA.RD S�'STEIVIS Jacobson, Bctts & Compan�� Successful organizations know that optimizing service, outcomes, and quality, and ultimately gaining a competitive advantage requires response to changing conditions and growth, and ultimatcly to the efficient managemcnt of human resources. JB REWARD SYSTEMS— we have been there as managers and consultants—and sincc 1983 have served clients in 45 statcs and 14 countries. Wc are proud of our success with ovcr 300 clicnts, including working with cities and other public sector organizations ranging from 60 to 12,000 employees. Our record of innovation spans three decades. We have pioneered and developed numerous trends and innovations in job classification and compensation,such as,but not limited to these: ■ state-of-the-art job classification and compensation systems that have been recognized at the national regulatory level when dealing with internal equity among jobs and people, ■ computer-aided models that support salary program design, implementation, budgcting, and enable support and simulation of the effccts of organization change, ■ competency/skill-based career laddcrs,and ■ dynamic programs for retention of key skills. JB REWARD SYSTEMS understands the nced to assemble human resourccs programs that attract and retain quality people,and offer a work life that contributes to high levels of service and productivity. We also know it takes discipline and vision to accomplish business plans. Ow-work products are reward systems that will provide any organization with creative approaches whiie maintaining stability and discipline in decision-making. Our project team is diverse in background enjoys cxtensive combined experience designing organizations and jobs around, delivery of serviccs,job classification, and compensation tailored to public sector organizations. Here are some examples of recent successes and our record of crcative solutions: ■ At the City of Eagle Pass,Texas, we are engaged in taking a non-competitive system to a higher level by constructing aggressive career ladders based on skill and professiona] competencies, linking salary growth to merit and accolades/certifications, and developing a roadmap for improving competitiveness within budgetary limits. • At Seattle Community College District, we are engaged in a compensation study to resolve competitive inequities within significant State and District constraints and rules. ■ King County, Washington has a nine-member Council elected and accountable to an urban and rural population of over 2.5 million making it the thirteenth largest county in the US. We dcsigned a state-of-the art compensation plan for high level council staff and rcmain as advisors. ■ At the Port of Seattle, we were the fifth firm over a twelve year span to conduct a study and the first to be unanimously approved by the Port Commission for implementation. It was a competitive pay-for-performance system identifying measurable competencies. ■ Implemented a salary and classification program encompassing 170 employees for the City of Oregon City that included cross-industry competitive salary ranges of expanded width, more frequent smaller steps for rcprescnted jobs, thus cnabling a new compctitive philosophy to blend in with financial constraints. Approved unanimously by the City Commission,management,and two collective bargaining units. PO Box 10036 Bainbridge Island,Washington 98110 Pagc 1 REWARD SYSTEMS Jacobson,Betts& Compan,y Our Services Total Compensation Planning Total compensation planning encompasses an array of elcments representing both cost and value to the organization and its employces. Our approach to designing total compensation programs enables the organization to achieve is fiscal and compctitive goals whilc, at the same time, enhancc the attitude and contribution of employces. Base Salary Progra�ns ■ Pay dctermination systems, administrative procedures, and planning features that are dcsigned to reflect competitive and financial philosophies and objectives. ■ Base salary programs to fit with the workforce values of the future, e.g., provisions for accelerated growth tied to learning, faster feedback. Job Measurement Systems ■ The JOBMEAST"' system is a sophisticated analytical tool that provides stability to pay-related decision-making. JOBMEAST"1 is thc most advanced system of its kind in its ability to determine equitable internal pay relationships and accurately link them to competitive labor markets. ■ SALPLANT� is our computer-aided model that records job mcasurement and salary information, computes and evaluates internal pay relationships, expedites decisions, provides instant competitive and internal pay equity assessments, facilitates budgetary planning, and enables 'what it?' scenarios of an array of ovcrall cost and pay allocation options. Job Classification and Documentation ■ All jobs in an organization should be part of a skill-based continuum or ladder that encourages persona] growth and enhanced productivity. Our approach is to look at all jobs as part of a life long learning ladder. ■ Our core competency development and documentation services are compliant with `learning' organization and `total quality' initiativcs and philosophics. PO Box 10036 Bainbridge island,Washington 98110 Page 2 REWARD SYSTEIl�iS Jacobso», Betts & Company ■ Our job dcscriptions express important aspects of job content. Written as living documents, they support job classification, pay dctermination, performance management, career path decisions, and reasonablc accommodations for thc Americans with Disabilities Act. Our descriptions contain unique features such as the core competencies required for advancement to jobs in a career path, problem solving challenges and end results associated with each major responsibility. Compensation Data Services ■ We maintain up-to-datc databases of total compensation. JB Surveys produce comparative analysis for special industry needs and emerging occupations and markets. JB Data Services can retrieve data on compensation for all levels of jobs, accounting for regional labor market differences and cost-of-living. Incentive Cornpensation • The total compcnsation equation almost always considers rewards that arc a variable cost of doing business. Many organizations find it important to offer rewards with an element of risk, for creating 'focus' on specific business goals, rcwarding exemplary performance, and controlling labor cost stn►ctures -- so important to entering certain competitive markets. We design programs for senior executives to non-management teams and individual employees. ■ Team-based li:centives. These programs take a number of shapes and servc many purposes from productivity improvement, to changing work processes and behaviors, to retention of key skills. Payment formats include cash, deferred arrangements, and equity. ■ Total R Model. Our most recent advancement is a total remuneration model that forms an essential partnership between employer and employee to make responsible choices on pay mix, competitiveness, and cost. It starts with the total cost of employing a specific job, then convcrts into specific elements based on employees personal values. Employees are rewarded in ways that are self important; the employer retains highly productive people. ■ Learning Partners. Consider this situation: your organization pays below average salaries, you need to upgrade the skill base, and you have financial constraints. Our systems create a link bctween competitive advantagc and skill/competency dcvelopment, which we convert to a 'partnership' where enhancements in skills and work outcomes wi11 fund competitive improvement. The'learning'employee becomes a role model for new hires. PO Box 10036 Bainbridge Island,Washington 98110 Page 3 12E�VARD SYSTEMS J:acobson, Betts & Compan�� ■ Value-Added /ncentive P/ans. Our plans offer incentivcs that arc built around work teams. The plans translatc organizational performance mcasures into financial outcomcs, ultimately to the rcwards that are shared by work teams. The plans provide active communications about the organization's outcomes and make a connection to the contributions of work teams. ■ Alternatives tn Casl:. In aggressive job markets and in consideration of unique gcographic locations, enlightened employers will consider cash-equivalent programs. We dcsign programs for earning additional-paid-time-off, homc purchase partnerships,signing bonuses,retention plans,and others. ■ Sales Incentives. Consider this example. A company selling commodity products has fixed capacity so increased profits starts with higher margins. The sales force has pushed tonnage for over 30 years. The challenge: design a program that changes the behavior of the sales force away from selling tonnage toward selling higher margin items by linking rewards to margin contributions. ■ Our SalesMaxT�� model provides executives and sales professionals with on-the-spot forecasting of total annual compensation based on interim accomplishments. The model provides numeric and visual links between reward levcls and ability to pay. Organizational Performance High-performance workplaces are viewed by executives as important to vitalizing the tivork force and developing a competitive edgc. As the high-performing work team becomes morc of a reality than a dream,new approaches to managing and measuring performance must follow. Jacobson, Betts & Company designs programs that improve organizational effectiveness, such as those determining optimal staffing levels, performance management and measurement systems, and information systcros to monitor accomplishments at all levels -- organizational, product line or business unit, work team,and individual employee. Organizationa!Effectiveness ■ We design staffing models linking the number of employees and skill-levels to organizational performance indicators such as units of output, operating budgets, scope of services, and minimum coverage to preserve customer service. ■ Our approach to staffing in service industries such as govemment, health care, and education is to identify business and service outcomes then identify how other organizations are set up to deliver the same scrvicc. PO Box 10036 Bainbridge Island,Washmgton 981 10 Page 4 REWARD SYSTEMS Jacobson,Betts & Company Perforjnance Measurenzent ■ Performance management systems have always enjoyed a lovc-hate relationship with organizations. We have found the leading contributors to effective programs to bc 360� feedback and acknowledgment of the things Icarned and work done well. ■ The Learning Envirnnmen! is a performance measurement modcl that serves as a mechanism for recognizing employees who have enhanced or improved their skills during the business cycle. Our clicnts using this approach acccpt the concept of "u lear�ring em�loyee is a perf'o�•ming employee '; and have found a positivc link betwccn this format of review,rewards,and recognition. ■ Managing for Results is a lcadership system linking business plans, corporate culture, and the total reward system to the accomplishment of results and dcvclopment of skills. Productivity Improveinent ■ What value-added is needed per dollar of labor cost to sustain successful business operations'? We design models that link improvements in productivity to rewards. Meet our consulting team who will be available to scrve the City of Bremerton. Their resumes follow. Vance Jacobson Project Manager Janet Donahue Charles Allie Project Consultant Project Consultant Vance Jacobson will serve as your principle Consultant. Details: Jacobson,Betts&Company,dba,JB Reward Systems, is a Washington Corporation. Federal Tax [D: 91-1503381 Phone: 206-624-4944 PO Box 10036 Bainbridge island,Washington 98I 10 Page 5 �� Jacobson, �3etts & Compan�� ■ linking organization design, job design, d� • accountabilities, and compensation to total quality improvemcnt programs. 1 Mr.Jacobson is the author of the firm's proprictary job �.� measurement technology, JOBMEAS�M, which is well known for its capab�lities for assigning optimum relative value to the content of jobs. He is the author of the model, SALPLANT"�, which automates the salary related decision-making process. Vanee B. Jacobson Mr. Jacobson has providcd expert testimony and has MBA Dcgree made numerous presentations to busincss groups in the areas of compensation and organization design. BBA Degree in Finance His publications have appeared in professional University of Oregon joumals and have bcen used as training materials. Mr. Jacobson is the senior member and co-foundcr of Jacobson, Betts & Company. He has over twenty years experience as a consultant, special�zing in total compensation systems, organization design, and performance and productivity manage►nent systems. His industry expenence is concentratcd in health carc, :o'' educanon,util�ties,govemment,and technology. '�'�' Prior to establishing this finn, Mr. Jacobson hcld increasingly responsiblc consulting and leadership positions as a Principal of an international consulting firm, a Partner of a regional consulting finn, and Janet Stevens Donahue Manager with an international accountmg firm wherc, MBA Degree in thc consulting division, he was the firm's industry Bachelors Degree leader for health care and education. Mr. Jacobson Universiry of Montana came from the transportation industry where he man- agcd thc total compensation and classification Ms. Donahuc is a partner and scnior consultant with function, and training and organ�zation development Jacobson, Betts & Company. Shc has over twenty functions for a major railroad. years of cxperience as a senior administrative officer and human resources manager and consultant, His specific background includes substantial project specializing �n total co►npensation systems, policy experience in the devclopment of job evaluation and development, and labor relations. Hcr industry co►npensation systems, incentive and variable erperience is concentrated in mumcipal govemment. compensation programs for domestic and international Ms. Donahuc is a semor team member for our positions, tcam oricnted incentive plans rewarding consultmg services to local government. productivity improvement, deferred compcnsation, benefits, salary surveys, and performancc measure- Prior to joining this finn,Ms. Donahue hcld positions ment systems that identify and reward competenc�es of Chief Ad►nmistrative Officer and Director of and accanplishmcnts. He is particularly wcll known Communiry Development for the City of Missoula, an for his recent accomplishments m: clected Counry Commissioner,and elected lay County Judge. In these capacitics, she has served on the ■ Analyzing workforcc challenges in small Montana Board of Crime Control and other Governor- � markets and idcntifying unique ways to appointed commissions and panels. enhance the skill levels in the marketplace, ■ dcsigmng complex organization structures Hcr specific consulting background includes that are setup to maximize customer service, substantial project cxpericnce in the development of ■ designing models for optimizing work compensatiun systems for municipal government that schedules and staffing Icvels and mix, mclude skill-based career ladders, incentives for ■ designing �ob classification and salary profess�onal dcvelopment, staffing, and performance systems that recognize Icarning and use of mcasurcment systcros that identify and reward skills through carcer ladders,and PO Box 10036 Bainbridge Island,Washington 98I 10 Page 6 I2EWARD SYSTEMS Jacobson, Betts & Compan,y� compctencies and accompl�shments. She is par- ticularly well known fon c�r accomplishmcnts in: Prior to joinmg the finn, Mr. Allie held tcaching, leadcrship, and administrative level pos�tions withm ■ Job design for succession planning, the Pittsburg, Pennsylvania public school system ■ mediating conflicts in job design, where he was rccognized for his leading edge work in ■ audit and design of cfficient departments. computer-aided dccision support and academic applications, restructuring work and staff assignments Ms. Donahue has served as an industry association for'no child left behind'compliance. officer and on numerous industry discussion pancls. She has been a guest lecturcr in graduate-Ievcl public His specific background includcs substantial skill and administration curriculum. cxperience tn the following areas: ■ design�ng job classifications that clearly identify competencies needed to dcvelop skills through career advanccment, ■ I�nking reward(salary structures)to leaming and competencies, ■ working productively with cmployee groups to develop working relationships that promote high levels of customer scrvice, enthusiasm, productivity, and recognition of Charles E. Allle • cultures and traditions. MA Degrcc in Education Mr.Allie has bccn a contributor to the development of Univcrsity of Pittsburg curnculu►n in advanced science and has ►nade BS Dcgrec presentations to Carnegie Mcllon University and Hampton Univcrsity American Association for the Advancement of Science. Mr. Allic is a senior consultant and partner with thc firm. He has ovcr twenty fivc years expericnce as an educator and administrator whcrc he has dcvcloped salary survcys,and performance measurcment systems exceptional expertise of inner city schools and school that identify and reward competencies and sitc structures that yield student and business success. accomplishments. Hc applies that expertise to busmess environmcnts. He has expertise�n developing administrative systems, � �ob dcsigns, and strucmres that are responsivc and deliver high levels of service in multi-cultural environmcnts. PO Box 10036 Bainbridge Island,Washington 98110 Page 7 x�waRn svs�EMs :lacobson, Betts & Compan�� List of Client References for Vance Jacobson and JB Rewards 1. Seattle Community College District, 30,000 students. Plcase contact Mr. Charles Sims, Chief Human Resources Officer and Vice Chancellor at (206) 934-4136. Email: Charles.Sims(a�seattlecolle e�. ■ Comprehensive compensation review of 320 administrative, academic management, and senior professional positions. 2. Kitsap Mental Health Services,Bremerton. Please contact Ms. Beki Lischalk,Director of Human Resources at(360)415-5806 or Mr.Joe Rozack, Executive Director,at(360)415 58 . Email:bekil�a kmhs.org or ioer kmhs.org. ■ Top to bottom compensation and classification review that improves competitiveness. 3. City of Kenmore, Washington. Please contact Ms. Joanne Gregory, Director of Finance and Administration,at(206)398-8900 . email:�eeorv�cukenmorewa.�. ■ Compensation and classification program compatible with pay-for-performance. 4. Clovis Unitied School District, California. 35,000 students. Please contact Mr. Bill McGuire, Assistant Superintendent at (559) 217-3901 (dircct) or in his ncw role as Superintendent of St. Helena Unified School District, California, at (707) 967-2701. Email: "Bill McGuire" bmc uire ii�sthelena.kl2.ca.us ■ Comprehensive compensation and computer-aided job classification and evaluation systcm for a total of about 250 position titles. 5. Genie lndustries, Redmond, WA. Please contact Mr. Neal Pember, Compensation Manager at I (425) 895-7358. Email: NeaLPcmber<aterex.com. ■ Total compensation surveys and system for ovcr 2,000 cmployees at all levels, national and international. 6. EI Monte Citv School District, El Monte, California. 11,000 studcnts. Contact Mr. Michael Raymond, Assistant Superintendent of Human Resources at (626) 453-3723. Email: "Mike Raymond" mraymond cr,emcsd.org ■ Top-to-bottom salary program design for non-rcprescnted and represented employccs. PO Box 10036 Bainbridge island,Washington 98110 Page 8 AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm Appointment of Jeffrey Study Session Date: N/A Elevado to the position of Director of Parks & COUNCIL MEETING Date: April 6, 2016 Recreation Department: Executive Presenter: Mayor Patty Lent Phone: (360) 473-5266 SUMMARY: BMC 2.05.020(a) requires Council confirmation for the appointment of a Department Director. Council confirmation is requested to promote Jeffrey Elevado to the positon of Director of Parks and Recreation. Mr. Elevado is currently the interim Director and has worked for the Bremerton Parks Department for over thirty-five years. He has served as the City's Athletics/Recreation Manager for the past fifteen years, Aquatics Supervior for eight years prior and the Pool Maintenance Specialist for nine years prior to that. Mr. Elevado has an Associate Degree from Olympic College in Chemistry and Biology and has graduated from the National Recreation and Park Association National Aquatics Management School. ATTACHMENTS: Letter of Engagement outlining the terms of employment with the City of Bremerton FISCAL IMPACTS (Include Budgeted Amount): Position is fully funded STUDY SESSION AGENDA: ❑ No Presentation ❑ Full Presentation � N/A STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTIOf�: Move to confirm the appointment of Jeffrey Elevado as the Director of Parks and Recreation; and authorize the Mayor to finalize and execute the attached Letter of Engagement with substantially the same terms and conditions a presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 �� y/5//� -------.---------�--_------._----------. � � _.._..._..---- = - ---....... . -._.....�-� - -- Lent Ma or . �..y�..--_ - -.: �, .::.-,;:_ Patty , Y '=L—,��Y`'- �'��°d �JL "= I 345 Sixth Street, Suite 600 �y4`�'?'�'�� Bremerton, WA 98337-1873 :I f�..4�'f �� fl..' . �.I J,.i'�:�th� 4' 1 J(��+��I V ;'.;::�=�,�'_�"_7'�``;�— <<- I Telephone: 360-473-5266 •..r` �� " _�14��' '-_-__ :,�—�.;�,r.;- -:;: .�;- _ Fax: 360-473-5883 ;�. .-.�, �`.- :_`- ::`-�..,'�_�•:� ,� „' :� ! �!i•.,�,,�_`�;.`__� - A.' , patty.lent@ci.bremerton.wa.us � , . . . ..._.. .--,.._:._....._.__. �.-�.- ------- - -- - - ��:�� .: — — —— March 29, 2016 Jeffre Elevado RE: Letter of Engagement Dear Jeff: It is with great pleasure that I confirm your appointment to the position of Director of Parks and Recreation pending formal approval by the City Council. Your position is exempt and included in the Management classifications under BMC 2.50 as follows. Position: Director of Parks and Recreation Department: Parks Department Effective Date: April 1, 2016 (Pending Council Confirmation) Rate of Pay: $8,707.64 Monthly(Band 20, Rate 1) Appointment/Removal: Mayor Supervisor: Mayor Benefits: Pursuant to BMC Chapter 2.50 Vacation: Pursuant to BMC Chapter 2.50 You are an"at will"employee and may be terminated by the City without cause at any time with thirty (30)day notice. You may be terminated for cause,without notice,and no severance pay shall be paid. This letter shall constitute your terms and conditions of employment with the City and there are no other written or oral agreements that have not been set forth in this letter of engagement or covered by Chapter 2.50 of the Bremerton Municipal Code (copy attached). Please sign below indicating your acceptance of our offer of employment as outlined above for the City of Bremerton. Sincerely, � � Patty L nt Mavor cc: Charlotte Belmore, Human Resources Manager ..................................................................................................................... ACCEPTANCE OF JOB OFFER: I, Jeffrey Elevado, hereby accept the appointment to position of Director of Parks and Recreation, effective April 1, 2016, under the terms and conditions as set forth in this Letter of Engagement. SIGNATliRE: � DATE: �ISI�� rey Elevado