HomeMy WebLinkAbout9008AGENDA BILL
CITY OF BREMERTON � D
CITY COUNCIL
SUBJECT: Memorandum of Understanding
and Agreement Between City of Bremerton
and Washington State Department of Fish
and Wildlife for Maintenance and Utility Use
for the East Park Outfall Project
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
March 14, 2018
March 21, 2018
PW&U
Ned Lever
(360) 473-2398
SUMMARY: This Memorandum of Understanding and Agreement (MOU) outlines the City's
commitment to provide in -kind mitigation for the rock armoring required by the East Park Outfall
project. Executing this MOU was a condition of the emergency Hydraulic Project Approval permit
issued by the WDFW which allowed the emergency repair work to move forward. The in -kind
mitigation will include the removal of creosote piling and rock armoring adjacent to the coal dock at
Lion's Field. The work to remove the armoring and pilings must be complete by September 30,
2019. The number of pilings and amount of rock armoring removed is considered to be in the same
proportion as rock armoring placed at the East Park Outfall. Additional environmental permits must
be obtained prior to the work being completed.
ATTACHMENTS: Memorandum of Understanding and Agreement with WDFW for Maintenance and
Utility Use
FISCAL IMPACTS (Include Budgeted Amount): The work to be completed as required by this
MOU will be performed under separate contract, and the expenditure will be from the Stormwater
Fund. That budget has yet to be determined, but is anticipated to be similar to the cost of the
armoring which was approximately $50,000.
STUDY SESSION AGENDA: N Limited Presentation ❑ Full Presentation
STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Memorandum of Understanding and Agreement with Washington Department of
Fish and Wildlife; 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 01/02/2018
MEMORANDUM OF UNDERSTANDING AND AGREEMENT
BETWEEN CITY OF BREMERTON AND WASHINGTON DEPARTMENT OF FISH
AND WILDLIFE
FOR MAINTENANCE AND UTILITY USE
This Memorandum of Understanding and Agreement is entered into the date fully
executed below by and between the CITY OF BREMERTON ("the City"), a Washington
municipal corporation, its successors and assigns, and the Washington Department of Fish and
Wildlife ("WDFW"), its successors and assigns.
WHEREAS, the City has constructed the East Park Outfall "Outfall", a 36-inch diameter
HDPE storm water pipe with perforated diffuser adjacent to Campbell Way; and
WHEREAS, the Outfall caused erosion of sediment on the beach which exposed an
abandoned sewer main and jeopardized the Outfall; and
WHEREAS, the City has been issued an Imminent Danger Expedited Hydraulic Project
Approval ("HPA") to complete emergency repair work; and
WHEREAS, the City has placed rock armoring on the beach to provide adequate
protection against continued beach erosion which endangers an active City sewer main, and may
need to place additional rock over time; and
WHEREAS, the parties agree that the armoring has resulted in a loss of beach function in
the beach below the Outfall; and
WHEREAS, the City has agreed to provide in -kind offsite mitigation for the resulting
reduction in beach function as a condition of the Imminent Danger Expedited HPA; and
WHEREAS, the City and WDFW desire to enter into this Memorandum of
Understanding and Agreement ("MOU") to clarify measures for site monitoring and to establish
a timeline for implementing mitigation measures; NOW THEREFORE,
THE PARTIES UNDERSTAND AND AGREE AS FOLLOWS:
I. MONITORING AREA. The specific area and limits of the beach monitoring
are identified in the Gray and Osborne Record Drawing provided in Exhibit A, which is attached
hereto and incorporated herein.
IL MONITORING REQUIREMENTS. The City will continue to monitor the area
identified in Exhibit A for continued erosion or exposure of the beach sewers. The City will
notify WDFW if it deems that additional armoring is required and pursue all necessary permits to
complete the work. Should WDFW deem that additional armoring has resulted in a greater loss
in beach function then the City will pursue additional offsite in -kind mitigation as outlined in
Section III.
III. MITIGATION SCOPE AND TERM. The scope of in -kind mitigation will be
generally determined based on the volume of rock placed and the area of impact. Proposed
mitigation will include the removal of pilings and rock armoring from the beach adjacent to the
City of Bremerton Lions Field Park identified as Kitsap County tax parcel number 112401-4-
003-2003. The number of pilings and the amount of rock armoring removed shall be mutually
agreed upon by the City and WDFW, and shall be proportionate to the reduced beach function
identified at the Outfall. The parties recognize that the mitigation work will require additional
environmental permitting and that "fish window" restrictions may define when the work can be
completed. The City shall have all permits in place to allow completion of the required
mitigation work by September 30th, 2019 unless an extension has been granted in writing by
WDFW.
IV. AMENDMENT. This MOU may be amended by written agreement signed by
both parties. This MOU shall be binding upon the parties hereto and their respective heirs,
successors, and assigns, unless terminated as set forth in Section V, below.
V. TERMINATION. Either party, for cause, may on sixty (60) days prior written
notice, terminate this MOU following an opportunity to cure. Should the breaching party fail to
cure the breach within the sixty (60) day period, this MOU shall terminate. Notwithstanding the
foregoing, no breach shall be deemed to have occurred should the breaching party commence
cure and diligently pursue the same (subject to force majeure).
VI. NOTICE. Any notice desired or required to be given under this MOU shall be
made in writing via nationally recognized overnight courier (deemed given at delivery) to:
a. City of Bremerton b
Attn: City Clerk
345 6th Street, Suite 600
Bremerton, WA 98337
WDFW
Attn: Brittany Gordon
450 Port Orchard Blvd., Suite 290
Port Orchard, WA 98366
VII. GOVERNING LAW AND FORUM FOR DISPUTES. The forum for any
dispute under this MOU shall be in the State of Washington, the laws of which shall govern.
IN WITNESS WHEREOF, this Memorandum of Understanding and Agreement has been
executed by each party on the dates set forth below.
CITY OF BREMERTON WDFW
By: )4 By:
tfo. ply
Title: Mayor Title: Area Habitat Biologist
Date: 3 I z..& 12015
2
Date:
From: Gordon, Brittany N (DFW)
Sent: Friday, February 22, 2019 3:15 PM
To: 'Ned Lever' <Ned.Lever@ci.bremerton.wa.us>
Cc: William Davis <William.Davis@ci.bremerton.wa.us>; 'Alison Osullivan' <aosullivan@suquamish.nsn.us>
Subject: RE: East Park Outfall Mitigation
Ned,
WDFW concurs that the mitigation requirements for the East Park Stormwater Outfall project, as required in HPA
Applications 7057, 14403, and 16646, have been fulfilled successfully. Due to the mitigation being in-kind, long term
monitoring of the project and mitigation sites is not required. The terms of the MOU have been fulfilled, and no further
action is necessary.
Regards,
Brittany N. Gordon
WDFW Area Habitat Biologist
Region 6: Port Orchard Office
Mobile: (360) 620-3601
From: Ned Lever <Ned.Lever@ci.bremerton.wa.us>
Sent: Friday, February 22, 2019 12:52 PM
To: Gordon, Brittany N (DFW) <Brittany.Gordon@dfw.wa.gov>
2
Cc: William Davis <William.Davis@ci.bremerton.wa.us>
Subject: East Park Outfall Mitigation
Sorry to bother you more on this but I am trying to understand how I wrap this up. I just took a look at our MOU
(attached) to see what the termination language is. While I think we have met the intent of the MOU I can’t tell if we
intended the monitoring (Section II) to continue beyond the satisfaction of Section III. At this point I think I need an
official correspondence from you saying we have satisfied Section III.
But on the other front, does the MOU terminate now or is does it remain in effect for some longer term monitoring of
the outfall site? What are your thoughts?
Thanks
Ned
3
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