HomeMy WebLinkAbout02/06/2019 AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
* * *AMENDED * * *
FEBRUARY 6, 2019
CITY COUNCIL MEETING AGENDA
1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. Review of Agenda
B. General Council Business
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
A. Including a KEDA Update & 4th Quarter 2018 Report – John Powers, Executive Director
4. PUBLIC RECOGNITION
5. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting – January 16, 2019
C. Minutes of Special Meeting and Study Session – January 23, 2019
D. Renewals for 2019 of Excess Liability Insurance with Allied World National Assurance Company; Excess
Workers' Compensation Insurance with Midwest Employers Casualty Company; and Crime Insurance
with Great American Insurance Group
E. Enterprise Agreement with ESRI, Inc. for Small Municipal and County Government
F. Budget Adjustment to Close Out Lebo Boulevard Construction Fund
G. Amendment No. 2 to the Goods & Services Agreement for a 1-Year Extension and a 1% Rate Increase
with Merchant Patrol Security Services, Inc.
H. Sole Source Purchase of Hardened Impellers & Volutes from Pump Tech, Inc. for two (2) ABS Pumps at
Pump Station CE-1
I. Clean Water State Revolving Fund Loan Agreement with the WA State Department of Ecology for the
Oyster Bay Beach Sewer Upgrades (OB-2 to OB-1) Project
6. GENERAL BUSINESS
A. Amendment No. 8 to the Professional Services Agreement with Willis of Seattle, Inc. for Insurance
Broker Services
B. US Surface Transportation Program Grant; and Local Agency Agreement with WSDOT for the 6th Street
Preservation Phase 2 Project
C. Federal Transportation Grant and Local Agency Agreement with WSDOT for the Kitsap Way (SR310)
and Warren Avenue (SR303) Traffic Signal and Multimodal Safety Project
7. COUNCIL MEMBER REPORTS
8. EXECUTIVE SESSION
20-Minutes to discuss Potential Litigation, which is allowed under RCW 42.30.110 (1)(i) Action anticipated…
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
Immediately following adjournment of the Council Meeting, an EXEMPT CLOSED SESSION allowed under RCW 42.30.140 (4)(b),
will be held to discuss Labor Negotiations or Proceedings...
Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the
City Clerk at (360) 473-5323 at least 24 hours prior to the meeting.
Utility Cabinet Wrap Project
2018:Added five new art wraps, including:
•Shorewood/Kitsap W ay
•11th/Warren Ave.
•6th/Park
•2 for installation at Sylvan/Wheaton Way and Burwell/Montgomery
2019:Install 4-6 more art wraps in the City, including:
•Wheaton Way/Hollis
•Burwell/Callow Ave.
•11th/Callow Ave.
•Oyster Bay/Werner Rd.
•15th/Naval Ave.
Washington Avenue Retaining Wall Project
2018:Arts Commission developed plan to hang 4’x8’ vandalism proof art panels on retaining wall to create an outdoor art gallery.
2019:Art deco wall on Washington Ave will be painted with a vandalism-proof paint and several new art panels hung on the
retaining wall.
•Panels will help prevent tagging and save manpower hours.
•Call to artists for the art panels will be released in March.
Mayor’s 2019 Public Art Initiatives
Maintain Current Public Art
2018:The 3-piece art sculpture, “Constellations,” was repaired and repainted, and moved to its new location on 11th and Pacific.
2019:Will monitor current public art’s condition and plan for care of art collection.
Public Arts Education
2018:Began collecting for “Arts Registry” database of local artists, organizations, and supporters on City’s website and will
continue through 2019.
2019:The City has begun working to establish a Poet Laureate program. A call to submit applications has been posted on the
City’s website and on social media.
Foster and Build a Creative and Innovative Arts Community
2018:The City sponsored the Wayzgoose Festival, a community arts festival that was highly successful and attracted residents
as well as visitors from out of the area.
2019:Create a task force to identify possible locations for public art to beautify, develop, and promote Bremerton.
Mayor’s 2019 Public Art Initiatives
Are you a Visionary?
Do you make Positive Community Connections?
Are you regarded as a Master in Literary Arts?
Would you like to be part of expanding access
to the Arts in Bremerton?
Learn more and apply at: www.BremertonWA.gov/PoetLaureate
Bremerton Homeownership
Down Payment Assistance Program
•The City of Bremerton has launched the Bremerton
Homeownership Down Payment Assistance (DPA) Program.
•The program is designed to provide deferred payment, low-
interest subordinate loans for eligible home buyers within
Bremerton.
•Funding for the program comes from the City’s HUD
allocation of Federal HOME funds and is matched with
down payment assistance from other sources provided by
Community Frameworks, Bremerton’s partner in the DPA
Program.
•Bremerton residents are encouraged to contact Community
Frameworks to find out more about DPA assistance at 360-
377-7738 ext. 2.
Kitsap Lake Management Plan Update (Mayor’s 2019 Initiative)
•In January, the City received three public grants to start the process of cleaning up
and improving water quality for Kitsap Lake.
Snow and Ice Monitoring
The City of Bremerton is continuing to monitor the weather for predicted snow/ice:
•Forecast calls for snow to begin on Friday, Feb. 8 at approximately 2 PM
•Snow event is expected to be 1-8 inches
•Monitoring weather reports including the National Weather Service and
Weather Underground Bremerton
Lewis Funeral Chapel
Hiding Spots
Suspect #1 was hiding in a maintained room
above a large piece of HVAC equipment. K-9
Esco was nosing around in the area pointed out
by the yellow arrow. When Officer Faidley
looked, he spotted the suspect behind the blue
pump motor in the second photo.
K-9 Esco found suspect #2 hiding in a storage
room behind a piece of plywood. When he
refused to come out, K-9 Esco pulled him out
by the ankle.
Lewis Funeral Chapel
Hiding Spots
Page | 1
4TH Quarter 2018 Economic Development Report
City of Bremerton
October 1, 2018 – December 31, 2018
BUSINESS RETENTION, EXPANSION AND ATTRACTION (BRER) – Q4
Retain, Expand and Assist Primary Businesses in Kitsap County (all jurisdictions)
BRER Assistance Q1 Q2 Q3 Q4
YTD
Total
YTD
%
Annual
Goal
Early Stage Technology Assisted 3 4 1 1 9 180% 5
Early Stage Technology Firms Contacted 3 1 0 1 5 50% 10
Start-Up Assistance 15 20 11 10 56 224% 25
Visits and Presentations 37 64 52 54 207 138% 150
Information Research & Referrals 39 89 64 51 243 122% 200
Companies Assisted (all categories) 65 147 49 74 335 191% 175
11
24
35
8
213
11
10
4
4
3
8
15
2
6
6
12
29
11
13
BAINBRIDGE ISLAND BREMERTON KITSAP COUNTY PORT ORCHARD POULSBO
Q4 BRER BY JURISDICTION
BRE/PTAC Recruitment PTAC classes/events (attendees by location)Inquiries & Reports
Page | 2
4TH Quarter 2018 Economic Development Report
City of Bremerton
October 1, 2018 – December 31, 2018
BUSINESS ATTRACTION ACTIVITY
Date
Started
Code Name Notes
11/20/2018 Project Travel Q4 18: lead from Greater Seattle Partners; Midwest developer seeking hotel site; sent info/matches for
Port Orchard, Bremerton, Silverdale and Poulsbo. Follow up sent.
11/20/2018 Project Blackbird Q4 18: No Match. Aerospace/defense contractor seeking existing 90,000 SF building or site to
accommodate. Lease only.
11/14/2018 Project Terminal Q4 18: no match. Battery development firm. Large power user. 15+ acres.
10/22/2018 Project Rice Q4 18: foodservice equipment firm seeking 150,000 SF site. Seeking major incentives. No match
10/10/2018 Project Crisp Q$ 18: no match. Fruit processing center with preferred site near apple producing region. High water
and wastewater user.
7/19/2018 FAS 18 - 11 Q3 2018: Booth meeting at Farnborough Air Show re Kitsap; follow up sent q4 18: no decisions until
NMA announcement made
7/19/2018 FAS 18 - 12 Q3 2018: Booth meeting at Farnborough Air Show re Kitsap; follow up sent; q4 18: on hold; client may
stay in current state for expansion
7/14/2018 FAS 18-3 Q32018: chalet visit at Farnborough Air show; follow upq4 18: follow up sent; no response
7/14/2018 FAS 18-2 Q3 2018: chalet visit at Farnborough Air show; follow up info sent q4: client seeking visas for staff;
referred by Dept of Commerce to consulate
2/15/2018 Project Safe Energy Q1 2018: startup energy firm with investors seeking locations for 4 phases. PSIC-B identified as
assembly location. Potentially 250 employees. Site visit set for April at Port of Bremerton. Q2 2018: Site
visit with POB; working on potential lease Q3 2018: client ready to sign POB lease Q4 client working on
funding; potential lease in early 2019
6/22/2017 Project Nighthawk Q2 2017: seeking USAF jet contract; WA possible location; Kitsap pitch Q3 2017: submitted sites for
consideration; Q3 2018: Booth meeting at Farnborough Air Show re Kitsap; follow up sent Q4 18 now
focused on MRO partner; potential Kitsap match
OTHER RECRUITMENT ACTIVITY – Q4
• Hosted and/or presented at PTAC (Procurement and Technical Assistance Center) workshops which draw attendees
from outside the county
▪ Contracting Coffee Hour (x3)
▪ Writing the Contract Proposal
▪ Working as a Sub-Contractor (2 parts)
▪ Marketing to the Government 101
▪ Jacobs Outreach Event
• Attend AFA (Aerospace Futures Alliance) Summit
• Actively involved with NMA (new market aircraft) committee
• Actively involved with Washington Maritime Federation
• Actively involved with Aerospace Futures Alliance
• KEDA’s PTAC (Procurement Technical Assistance Center) works with clients outside Kitsap and is always listening for
potential expansion or relocation opportunities for follow up
• Continued Kitsap promotion via news releases, Twitter, LinkedIn and Facebook
Page | 3
4TH Quarter 2018 Economic Development Report
City of Bremerton
October 1, 2018 – December 31, 2018
BUSINESS RETENTION AND EXPANSION ACTIVITY
SITE VISITS/COUNSELING SESSIONS:
NOTE: In the following posts, PTAC stands for Procurement Technical Assistance Center
Date
started Code Name Comments & Updates
12/27/2018 Professional Services xx Q4 18: client seeking PTAC assistance in response to inquiry; provided links and FAR info
12/19/2018 Defense Contractor xx q4 18: attended proposal writing class
12/5/2018 Defense Contractor xx q4 18: attended contracting coffee hour
11/15/2018 Retail xx Q4 18: site visit to assist with purchase transition; made referrals
11/1/2018 Services xx Q4 18: Client has relocated business and expanded services (within county); continued assistance as
requested
8/13/2018 Community 2 Q3 2018: referral made to client consultant; meeting re projects q4 18: participated in
organization's strategy session
6/6/2018 PTAC - construction 2 Q2 2018: attended two Contracting Coffee Hour sessions; Q3 2018: attended July CCH q4 18:
attended contracting coffee hour
7/26/17 Government 13 Q3 2017: client seeking potential partners and/or subs for upcoming RFP; 8/15 provided client with list of lean
trainers; 8/16 attended Overhead Pricing workshop: Q4 2017: attended CCH; follow up re sources sought Q1
2018: attended contracting coffee hour; follow up re proposal for existing contract renewal Q3 2018: attended
"presenting your business"; attended marketing to govt 101 q4 18: attended two PTAC classes
2/1/17 Business Services 64 Q1 2017: attended Contracting Coffee Hour; counseling re: HUBZone, CEZ and SAM; follow up regarding SAM
errors; reviewed draft capability statement Q2 2017: attended contracting coffee hour (2); assistance with SAM
challenges; reviewed capability statement; attended marketing to govt workshop Q3 2017: assistance on SAM
update; RFP reviews; input on DSBS; input on WOSB Q4 2017: contracting coffee hour; follow up re certification
questions Q1 2018: attended contracting coffee hour; follow up re certification application Q2 2018: attended
Contracting Coffee Hour; researched and provided info on Army purchase email; Q3 2018: provided assistance
on quote; attended Jul and Aug CCH; attended to Marketing to Govt 101; info on JCP registration for DLA Q4
2018: Insights regarding WSDOT training and networking opps; review of 3rd party assistance
7/21/16 Media 1 Q3 2016: meeting with new leadership Q1 2017: follow-up re current needs; q2 2017: meeting re marketing and
promotion opps q1 2018: site visit re status and plans q4 18: follow up with leadership
7/12/16 Space 7 Q3 2016: lead from partner for startup seeking test site. Site visit at Port of Bremerton Q4 2016:
continued discussions; meetings with KEDA, POB and City of Bremerton Q2 2016: assistance re
permit pre-app and state incentives; Q3 2017: client prepared statement of support for KADA; client
close to testing phase Q4 2017: connected with WorkSource for new hires; follow-up re beginning
of operations MOVED TO BRE q1 2017 site visit re electric needs; followed up with referrals Q1 and
Q2 2018 follow up re electrical needs Q3 2018: prep and presentation for investors
7/12/16 Space 7 Q3 2016: lead from partner for startup seeking test site. Site visit at Port of Bremerton Q4 2016:
continued discussions; meetings with KEDA, POB and City of Bremerton Q2 2016: assistance re
permit pre-app and state incentives; Q3 2017: client prepared statement of support for KADA; client
close to testing phase Q4 2017: connected with WorkSource for new hires; follow-up re beginning
of operations MOVED TO BRE q1 2017 site visit re electric needs; followed up with referrals Q1 and
Q2 2018 follow up re electrical needs Q3 2018: prep and presentation for investors;q4: research on
incentives
3/25/16 Construction 32 Q1 2016: worked with client for presentation to NAVFAC Whidbey (in April) Q2 2016: attended contracting
coffee hour Q3 2016: attended contracting coffee hour; attended Overhead class. Client has added one staff
person. Provided client info on office space searches; Q4 2016: completed quarterly PTAC survey Q1 2017
Attended Contracting Coffee Hour Q3 2017: attended Contracting Coffee Hour; contacted for potential contract
at PSNS q4 2017: attended contracting coffee hour q1 2018: research on office space for potential expansion Q2
2018: attended two Contracting Coffee Hour sessions q3 2018: attended Jul and Aug CCH
3/16/16 Prime contractor 3 Q1 2016: site visit for company background q2 2017: site visit and follow up re needs Q2 2018: meeting with
leadership re workforce needs q4 18: meeting regarding changes in Washington Maritime
Page | 4
4TH Quarter 2018 Economic Development Report
City of Bremerton
October 1, 2018 – December 31, 2018
12/21/15 R&D Q4 2015: client requested assistance with GSA schedule; also review federal procurement certifications Q1 2016:
continued meeting with client regarding RFI process and GSA schedules Q2 2016: worked with client on GSA
schedule application; continued education on Govt contracting Q3 2016: attended contracting coffee hour and
working as a subcontractor; worked with Client on GSA schedule requirements and other marketing options Q4
2016: Assisted client with GSA schedule; SAM and dual Dun and Bradstreet accounts Q1 2017: worked with
client on GSA and SAM Q3 2017: Meeting with GSA on site; currently housed in 3 buildings; plan to be at 49 by
September Q4 2017: continued GSA application follow up; Q3 2018: followed up regarding GSA schedule and
orders at GSA's request q4 18: incentives related to expansion
2/27/15 Real Estate 10 Q1 2015: meeting re current opportunities and growth plans Q4 2015 worked with client regarding project
funding options Q1 2016 intros to contacts for potential tenants Q2 2016: supported client in research of
maritime facility Q3 2016: update on expansion status Q4 2016: update re Bremerton developments; video
work; presented at event Q2 2017: meetings re new projects and partners; SEAP interview Q3 2017: follow up
regarding special project Q4 2017 referral to regional partners Q1 2018: follow up re projects and opportunities
Q1 2018 follow up re opportunity zones q4 18: check in and updates on opportunity zones; new services
6/5/14 Transportation Q2 2014: site visit re expansion of services Q3 2015: working with client on expansion plan; client providing RFPs
for distribution in PTAC network Q2 2017: Provided research for potential special event vendors. Published RFPs
on blog. Q2 2018: assisted with DBE outreach q4 18: intros and meetings to Eastside company re Kingston fast
ferry. promoted new service via social media.
5/29/14 Financial Institution 3 Q2 2014: site visit with special department regarding services; provided referrals for potential client research Q4
2016: meeting re leasing of extra space Q3 2018: meeting re change in leadership q4 18: meet with leadership re
transition and growth plan
11/20/13 Education 5 Q4: Attended Government Contracting 101 workshop; provided names for potential on-site locations for CTE
director meetings Q1: followed up on inquiry regarding SAM and Small Business status; attended Jan "selling to
the Navy" workshop q2 2014: meeting re upcoming RFP and best way to respond; follow up meetings re RFP as
well as targeted research to support RFP; Q3 2014: client notified KEDA they did receive bid!!!; research for new
program; provided link for previous research project Q3 2015: assisted client with small business sub-contracting
plan Q1 2016: provided letter of support for grant application; attended coffee contracting hour Q2 2016:
provided input regarding Small Business interaction for Govt contract; provided letter of support for grant
application Q4 2016: followed up regarding subcontracting plan; provided potential vendor list; also counseled
on outreach opportunities; attended Dec Contracting Coffee Hour Q1 2017: worked with client on
subcontracting plan compliance; researched potential vendors re small business status; educated on differences
between state and federal socio economic certifications; Q2 2017: attended contracting coffee hour: continued
review of small business plan; reviewed potential vendor re SAM status for niche supply; assisted with survey
promotion q1 2018: attended contracting coffee hour Q3 2018: sent background on current contract for new
leadership Q4 18: follow up on finding small business sub-contractors
6/6/12 Supplier 7 June: Attended PTAC class Govt 101 with emphasis on Woman Owned Business certification; goal is to increase
DoD contracts -- currently only selling in Kitsap Oct: client requested review of DIBBS contract; Mary Jo followed
up Q2 2015: client ready to move from home to small warehouse; conducting search for sublease. Referred to
SBA lender to purchase if no sublease found; attended May and June Contracting Coffee Hours; Q3 2015: one on
one assistance with capability statement; attended PTAC events; referral for contract Q4 2015: provided
BidMatch info; considering moving from home to commercial space - provided commercial real estate links to
track; attended Nov contracting coffee hour Q1 2016: worked with client on 8a application and responded to
inquiries re handling challenges on job site. talked with client about potential expansion; attended contracting
coffee hour Q2 2016: worked with client on WOSB submission; forwarded appropriate leads from DLA; attended
contracting coffee hour Q3 2016: attended contracting coffee hour; continued review of WOSB application Q4
2016: advised client on liability insurance brokers Q1 2017 Attended Contracting Coffee Hour Q1 2017: Assisted
client with NAICS codes in SAM; provided educated on GSA schedules, DLA, Olympic College, certifications, SAM
and reviewed contracts. Q2 2017: Assisted with DLA documentation and marketing plan; provided insight on real
estate transactions; referred to DOC program - client accepted! Q3 2017: referral for QuickBooks setup; follow
up on 2 day business planning session; referrals for biz opps q4 2017: referral for upcoming DL:A rfp; meetings
regarding tightening operating plan q1 2018: attended Orion outreach event; counseled on 8a application Q2
2018: continued assistance on 8a application; attended 3 PTAC classes; Q3 2018: more assistance on 8a
application; attended 2 CCH; finding specific RFPs Q4 18: WAWF info; continued assistance for government
contracting; attended PTAC classes
9/27/11 Professional Services 7 PRE 2013: Worked with re business climate, needs and opportunities. Aided via PTAC for registrations and
opportunities. Introduced to potential partners/clients. Q1 2013: sent info on relevant outreach opportunities.
Q2 2013: New staff member attended Govt 101 class. Q2 2014: talked with client at SAME event; followed up
with SAM info and DSBS link Q1 2015: researched commute patterns online and with state economist; Q3 2016:
research re outside real estate investors in Silverdale medical sector Q4 2016: update meeting regarding specific
product types Q2 2018: site visit with potential collaborators Q3 2018: attended reception for new members;
meetings with real estate investors q4 18: meeting with senior leadership regarding business development
Page | 5
4TH Quarter 2018 Economic Development Report
City of Bremerton
October 1, 2018 – December 31, 2018
9/15/11 Healthcare 1 Met with client regarding business climate and needs. Follow up as directed by client; Oct: follow up visit with
client Q2 2013: follow up re growth and business development; q4: follow up re continuing growth Q2 2014:
meetings to work on transitions Q3 2015: met with general contractor on new building project to assist with
recruiting local subs; also forwarded contacts for local internships Q2 2016: Worked with client on expansion;
workforce needs Q3 2016: meeting re new leadership Q1 2017: meeting re growth needs Q1 2018: site visit re
project(s) status; Q3 2018: tour and update of construction project; phone call with doctors office general
contractor regarding sub needs q4 initial discussions and research for econ impact project
9/9/11 Business Services 3 Met with client re business climate; growth needs. Follow up as needed Nov: follow up meeting Q4 2012:
participated in focus group for client ; Q1 2013: meeting with management re trends and 2013 forecast Q2:
PTAC assistance re lien holdings Q3: client participated in briefing re regional climate Q2 2014: met with
marketing dept. re social media and ways to connect with KEDA's outreach Q3 2014: worked with client on
community event; provided referral for nonprofit research Q1 2015: provided input for resources to find new
clients including Alliance Q2 2015: input and assistance for event benefitting local business; attend Small
Business Finance for Govt Contractors workshop Q1 2016: introduced to potential clients Q4 2016: update
meeting Q1 2017: introduced to potential partner Q2 2017 attended contracting coffee hour (2); SEAP meeting;
site visit re current status; forwarded details on Export Finance Assistance Center event Q1 2018 check in re
projects and services Q2 2018: update re market developments Q3 2018: meeting re collaboration on new client
resource q4 18: meeting with leadership regarding opportunity zones
6/27/10 Defense 5 prior to 2012: PTAC client seeking contract assistance. 2012: Met with client regarding new proposal and
provided input. June: sent email re upcoming Walsh construction bid seeking subs; Aug: Assisted client with
Navy contracting questions Continued PTAC assistance Q1 2013: Sent info on prime outreach event; Worked
with client on FAR interpretation and efficiencies on contracts Q2 2013: reviewed solicitation as requested to
provide info for decision to bid or not Q3: worked with client on line cards and marketing; also advised re
outreach for new business in Q4: met with NAVFAC small business officer at KEDA offices; provided input on
marketing plan; client requested assistance on working contracting officers Q1 2014: review with client new
teaming definitions; also reviewed sole source options Q2 2014: worked with client re labor questions and rights
of contractor officer to change contract Q3 2014: attended HR and Personnel do's and don'ts class Q4: sent info
to PTAC client seeking potential partners Q1 2015: assistance per request on 8A and teaming partners as well as
marketing Q3 2015: provided list of local PTAC clients for computer maintenance q4 2015: worked with client on
proposal reviews Q1 2016: attended 8a retreat where KEDA PTAC counselors presented Q2 2016: Assisted with
long term business strategy and marketing. Q2 2016: Attended Overhead pricing class taught by KEDA
instructors at Seattle SBA; Q3 2016: follow up on current and potential contracts Q4 2016: assisted with GSA
submittal Q1 2017: worked with client on GSA submission and contract issues; Q2 2017: assisted client with
potential office space (current space not desirable); client to referred to state program -- accepted! Q3 2017:
follow up on expansion plans; meetings regarding contract q4 2017: follow up GSA contract; meeting regarding
potential new service line Q3 2018: multiple assists relative to new business line; marketing; GSA; and
solicitations Q4 2018: assistance re GSA schedule; UXO, shipyard, NAVFAC NW engineering
1/12/10 Professional Services 1
(2010)
PTAC client 2012: Attended Kiewit Outreach event for EHW2; sent email re upcoming Walsh construction bid
seeking subs Attended Keyport Industry Day; counseled re business succession planning Q1 2013: attended
"selling to the Navy" workshop; met with Mary Jo for general session; referred client to regional transportation
center for small business cert Q3: Met for follow up on status; reviewed talent needs; Q4: follow up on business
plan and future growth Q12014: Sent client info on new WA State Small Business certification in response to
prior inquiry Q2 2014: new staff member attended Govt 101 and line card class; follow up with client re
BidMatch and marketing/research; made arrangements for intro to Whidbey Island small business folks;
Introduced to prime contractor Q3 2014: attended being a subcontractor parts 2 and 3 q4: worked with client on
RFP and helped determine areas to address Q1 2015: attended contracting coffee hour; forwarded info on SBIR
website "down" time; worked with client on SAM challenges and review of capability statement. Attended Korte
Outreach; Small MACC workshop; attended Feb contracting coffee hour Q2 2015: attended April contracting
coffee hour; attended July contracting coffee hour Q3 2015: attended July Contracting coffee hour a and b;
attended Meet the Buyers; attended NAVFAC NW Outreach Q4 2015: attended Small Business Participation Plan
class Q1 2016: client seeking input on seaport-e task orders; reviewed proposals. recommended client for OEA
pilot project; attended contracting coffee hour Q2 2015: continued work with client regarding Govt contracting;
growth plan; worked with client on setting up BidMatch; Q3 2016: continued tweaking BidMatch; attended
contracting coffee hour; continued work in OEA grant Q4 2016: Worked with client on updating BidMatch
keywords; worked with client regarding agency relationships; reported subcontracting award from prime that
attended Contracting Coffee Hour; completed PTAC quarterly survey Q1 2017: Assisted with RFP review. Q2
2017: meeting re RFP responses Q3 2017: referred to family business award consideration; attended anniversary
event; attended Berger ABAM outreach event; meetings re current status and future plans Q4 2017:
introduction for regional innovation partner; arranged for one on one NAVSEA SBIR meeting; continued follow
up on expansion and growth plans Q1 2018: attended Orion Outreach event; follow up site visit q2 2018:
referred to participate in regional event q4 18: referred to SBIR event; attended two PTAC classes; continued
follow-up
Page | 6
4TH Quarter 2018 Economic Development Report
City of Bremerton
October 1, 2018 – December 31, 2018
OTHER BRE ACTIVITIES – Q4
• Provided demographics and referrals for startups (business type below)
▪ Restaurant
▪ Value added food product
▪ Coworking
▪ Incentives
▪ Government contracting in foreign country
• Support with marketing and food for 6 Month Start-Up Kitsap (held monthly)
• Follow up discussions regarding future Small Business Development Center (SBDC) with WWU
• Provided data based on inquiries including the following:
▪ Active duty numbers
▪ Workforce development
▪ Zoning and allowed uses
▪ Contacts
▪ Parcel searches
▪ Patents in Kitsap
▪ Wage rates
▪ Keyport impact
▪ Exporting
▪ Minority Owned business
▪ CPI index
▪ Incentives
▪ Home based business
▪ DLA (Defense Logistics Agency)
▪ NAVFAC prime contractor list
▪ Top employers
▪ Marketing
▪ Recognizing “scam” email for government contracting
▪ Navy impact
▪ North Kitsap growth trends
▪ Federal contracting certifications
▪ Funding
▪ Permitting
▪ Starting a business
▪ Business licenses
▪ Real estate investment
▪ Capability statement reviews
▪ SAM (system for award management) letters (for federal contracting)
▪ Wide Area Workflow (WAWF)
STAFF TIME FOR CLIENTS
Q4 2018 Hours % of Total
Total 1065.52 100.00%
BRER 78.99 7.41%
PTAC 586.87 55.08%
KADA 399.66 37.51%
Page | 7
4TH Quarter 2018 Economic Development Report
City of Bremerton
October 1, 2018 – December 31, 2018
• Hosted and/or presented at PTAC
(Procurement and Technical Assistance
Center) workshops
▪ Contracting Coffee Hour (x3)
▪ Writing the Contract Proposal
▪ Working as a Sub-Contractor (2
parts)
▪ Marketing to the Government
101
▪ Jacobs Outreach Event
58
34
19
14
77
48
Kitsap (all) Attendees
Kitsap Unique
Non-Kitsap (all)
Non-Kitsap Unique
Total Attendes (all)
Total Attendees Unique
Q4 2018 PTAC CLASS ATTENDEES
66%13%
14%7%
Q4 2018 Business Size -Visits and
Presentations
1-10 FTE 11-25 FTE 26 - 150 FTE 151+ FTE
Page | 8
4TH Quarter 2018 Economic Development Report
City of Bremerton
October 1, 2018 – December 31, 2018
MARKETING AND OUTREACH – Q4
• Columns on Kitsap economic development in Kitsap Peninsula Business Journal with links from KEDA blog (website),
Twitter and Facebook
▪ October: What Really Makes America Great in 2018, Maury Forman
▪ November: Startups Are Essential for Regional Growth, Brett Eddy (startupkitsap.com)
▪ December: Employers Head to “The Other Washington” to Highlight Workforce Needs, Amy Hatfield, OC
• Geo-targeting digital ad campaign continued
• Continued Facebook carousel ads focused on:
▪ Startup ecosystem
▪ Government contracting
▪ KEDA services
▪ Workforce
• Google AdWords campaign continued
• Monthly ads in Kitsap Peninsula Business Journal
▪ October: Fall Forum
▪ November: recognition of Rick Tift as Distinguished OC Alumni
▪ December: Annual Economic Forecast Breakfast
• Bimonthly ads in West Sound Home and Garden magazine
▪ November-December: Sage/Far Bank/Redington
• PSBJ – Kitsap Economy Insert (September)
▪ Ad: Kitsap on the Rise
▪ Provided several story ideas
• Produced e-newsletters; sent to Kitsap businesses with timely business information and contracting opportunities
• Continued posts on KEDA Facebook, Twitter, LinkedIn and Pinterest accounts with new followers weekly
1001 1002 1011
1184 1187 1188
191 191 191
Oct Nov Dec
Q4 Social Media Followers
Facebook Twitter LinkedIn
7,215
6,098 5,633
10,587
8,771 8,508
Oct Nov Dec
KitsapEDA.org Unique Visits
Q4 2018
2017
2018
Page | 9
4TH Quarter 2018 Economic Development Report
City of Bremerton
October 1, 2018 – December 31, 2018
Social Media Activity
West Sound Home and Garden: Nov/Dec - Far
Bank
Page | 10
4TH Quarter 2018 Economic Development Report
City of Bremerton
October 1, 2018 – December 31, 2018
KPBJ – Oct 2018
KPBJ - December 2018
KPBJ – Nov 2018
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Claims & Check Register
Study Session Date:
N/A
COUNCIL MEETING Date: February 6, 2019
Department: Legal Services
Presenter: Angela Woods
Phone: (360) 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1) Check Numbers 382834 through 383158 and Electronic Fund Transfers V19394 through V19459 in the
grand total amount of $3,278,436.03
2) Regular Payroll for the pay period ending January 15, 2019 in the amount of $867,334.69
3) Regular Payroll for the pay period ending January 31, 2019 in the amount of $884,337.11
4) Retiree Payroll for the pay period ending January 31, 2019 in the amount of $54,140.02
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ 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 01/02/2018
5A
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Minutes of Meeting – January 16, 2019
Study Session Date: N/A
COUNCIL MEETING Date: February 6, 2019
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Meeting held on January 16, 2019 are attached.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the January 16, 2019 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
5B
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, January 16, 2019
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
January 16, 2019, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT
CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger
presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin
Gorman, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City
Clerk Angela Woods; Legislative Office Manager Lori Smith; and Information Services Manager
Dave Kevin Matthew.
A COUNCIL BRIEFING 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 Reverend Paul Meeker of Our Saviour’s Lutheran Church.
SWEARING-IN CEREMONY
President Younger asked Judge James Docter to come forward to administer the Oath of Office
to newly appointed District 4 Council Member Lori Wheat. Council Member Wheat was then
seated at the Dais for the remainder of the meeting.
Police Chief James Burchett brought forward new Police Officers Mitchell Chapman; Brock N.
Gorang; Tara M. Munjekovich; and David Shohradov. Judge Docter then administered the Oath
of Office.
MAYOR’S REPORT
Mayor Wheeler provided a “State of the City” Address.
PUBLIC RECOGNITION – There were no questions or comments from the public…
CONSENT AGENDA
6A – Claims & Check Register: Check Numbers 382586 through 382833, and EFT-V19336
through EFT-V19393 in the amount of $3,194,040.57; Regular Payroll for the pay period
ending December 31, 2018 in the amount of $832,638.58; and Regular Payroll (Pay Outs &
Corrections) for the pay period ending December 31, 2018 in the amount of $10,203.11;
6B – Minutes of Meeting – January 2, 2019
6C – Minutes of Study Session – January 9, 2019
6D – Purchase of 2019 Property Insurance with Hartford Fire Insurance Company; Earthquake
Insurance with Empire Indemnity Insurance Company / General Security Company of Arizona;
and Terrorism Insurance with Lloyds of London
6E – Purchase of Aviation Insurance with Global Aerospace for City of Bremerton’s Unmanned
Aircraft System (UAS)
6F – Purchase of Cyber Insurance with AXA XL Catlin
6G – Tourism Promotion Services Agreement with Bremerton Chamber of Commerce
6H – Tourism Promotion Services Agreement with Visit Kitsap Peninsula
6I – Tourism Promotion Services Agreement with WA State Science & Engineering Fair
6J – Tourism Promotion Services Agreement with Bremerton Historic Ships Association
City Council Reg. Mtg. Minutes
Wednesday, January 16, 2019
Page 2 of 3
6K – Professional Services Agreement with Herrera, Inc. for the Design of the Pine Road Sub-
Basin Stormwater Improvements Project
6L – Professional Services Agreement with FCS Group for Engineering Division Workload Study
6M – Resolution No. 3314 adopting and supporting AWC’s 2019–2021 Legislative Agenda
There were no questions or comments from the public…
06:23:27 M/S/C/U (Sullivan/Daugs) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
7A – FUEL TAX GRANT AGREEMENT WITH THE WASHINGTON STATE TRANSPORTATION
IMPROVEMENT BOARD (TIB) FOR THE EAST 11TH & PERRY AVENUE RECONSTRUCTION
PROJECT: City Engineer Tom Knuckey used a Power Point presentation to explain that the City
has been offered a Fuel Tax Grant from the Washington State Transportation Improvement Board to
partially fund reconstruction of E 11th Street from Pitt Avenue to Perry Avenue, and on Perry Avenue
from E 11th Street to E 17th Street. The project will reconstruct both the roadway and the sidewalks,
and will install bike lanes and sharrows, pedestrian scale lighting, and other amenities. The project
cost is currently estimated at $5,194,000, and the TIB grant offered is $3,941,916 (76%.) The
project additionally includes low impact development features that are partially funded by a $75,000
grant from the Washington State Department of Ecology which was previously approved by the City
Council on August 15, 2018.
There were no questions or comments from the public…
06:29:20 Motion was made by Gorman and seconded by Goodnow… Comments and praise were
provided by Gorman, Goodnow, Daugs, and Huddy; with acknowledgements made by Mr.
Knuckey…
06:32:05 M/S/C/U (Gorman/Goodnow) Move to approve the Fuel Tax Grant Agreement with the
Washington State Transportation Improvement Board for the East 11th Street and Perry Avenue
Reconstruction Project; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL MEMBER REPORTS
Richard Huddy looked forward to working with newly appointed Council Member Lori Wheat;
thanked Mayor Wheeler for his presentation; invited members of the public to join him in attending
the 25th Annual Celebration of Dr. Martin Luther King, Jr. on Monday, January 21 beginning at 10:00
AM in the Presidents’ Hall at the Kitsap County Fairgrounds; and lastly, noted the USS Carl Vinson
would soon be arriving in Bremerton.
Michael Goodnow looked forward to working with newly appointed Council Member Lori Wheat.
Lori Wheat encouraged the community to her first District 4 Community Meeting for a “Meet &
Greet” on Saturday, January 19 from 11:00 AM to Noon at First Christian Church at 811 Veneta
Avenue. The program will also include a review of 2018 Council Goals & Priorities and a discussion
on District 4 Priorities; welcomed volunteers to join the first Kiwanis Park Work Party on Saturday,
January 26 from 9:00 to 11:00 AM; and added that she will be attending the Martin Luther King Jr.
Celebration on Monday, January 21 from 3:00 to 5:30 PM at the Marvin Williams Center at 725 Park
Avenue.
Kevin Gorman congratulated Council Member Lori Wheat, and looked forward to working with her.
City Council Reg. Mtg. Minutes
Wednesday, January 16, 2019
Page 3 of 3
Leslie Daugs also congratulated Council Member Lori Wheat; welcomed new Police Officers;
wished President Younger a Happy Birthday (on January 20th); and looked forward to attending the
Martin Luther King Jr. Celebration on Monday, January 21.
Pat Sullivan also looked forward to working with newly appointed Council Member Wheat;
announced the first Lions Park Cleanup of 2019 would be on Saturday, February 9 from 10:00 AM to
Noon, and then the 2nd Saturday of each month for the remainder of the year.
President Younger announced that the next televised Council Meeting will be on February 6; and
that immediately following adjournment of tonight’s Council Meeting, an Exempt Closed Session
allowed under RCW 42.30.140 (4)(b) will be held to discuss Labor Negotiations or Proceedings.
With no further business, President Younger adjourned the Council Meeting at 6:42 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
APPROVED by the City Council on the 6th day of February, 2019.
________________________________________
ERIC YOUNGER, City Council President
Attest:
________________________________________
ANGELA WOODS, City Clerk
EY:AW:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT:
Minutes of Special Meeting & Study Session –
January 23, 2019
Study Session Date: N/A
COUNCIL MEETING Date: February 6, 2019
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Special Meeting and Study Session held on January 23, 2019 are
attached.
ATTACHMENTS: Study Session Minutes
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ N/A
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the January 23, 2019 Special Meeting and Study Session Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
5C
DIGITAL RECORDING
CITY COUNCIL SPECIAL MEETING & STUDY SESSION MINUTES
Wednesday, January 23, 2019
A Special Meeting and Study Session of the City Council of the City of Bremerton was called to
order in the Mayor’s Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street,
Bremerton, Washington, Wednesday, January 23, 2019, at 4:15 PM, with Council President Eric
Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat,
Kevin Gorman, Leslie Daugs, and Pat Sullivan. Christine Grenier, Legislative Assistant, was present
to provide staff support.
President Younger emphasized that the Special Meeting and Study Session were 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 February 6, 2019 Council Meeting Agenda or as indicated.
A. ROUNDTABLE – With the Council Members and Mayor Wheeler; as well as Alyson Rotter,
Network Manager for Kitsap Strong; and members of the Bremerton High School Youth Council
Anamae Gatchalian; Jada Cruz; Chloe Painter; Erika Bowers; Ya’mauris Irving; Joash
Smith; John Paul Tapangco; and Andrea Wiren. It was agreed to meet again in approximately
3-months.
President Younger announced that the Study Session would reconvene at 5:40 PM in the Council
Conference Room…
B. BRIEFINGS ON AGENDA ITEMS
1. Renewals for 2019 of Excess Liability Insurance with Allied World National Assurance
Company; Excess Workers' Compensation Insurance with Midwest Employers Casualty
Company; and Crime Insurance with Great American Insurance Group Consent Agenda
2. Amendment No. 8 to the Professional Services Agreement with Willis of Seattle, Inc.
for Insurance Broker Services General Business
3. Enterprise Agreement with ESRI, Inc. for Small Municipal and County Governments
Consent Agenda
4. Budget Adjustment to Close Out Lebo Boulevard Construction Fund Consent Agenda
5. Amendment No. 2 to the Goods & Services Agreement for a 1-Year Extension and a 1%
Rate Increase with Merchant Patrol Security Services, Inc. Consent Agenda
6. Sole Source Purchase of Hardened Impellers & Volutes from Pump Tech, Inc. for two (2)
ABS Pumps at Pump Station CE-1 Consent Agenda
7. Clean Water State Revolving Fund Loan Agreement with the WA State Department of
Ecology for the Oyster Bay Beach Sewer Upgrades (OB-2 to OB-1) Project Consent
Agenda
8. Federal Transportation Grant and Local Agency Agreement with WSDOT for the Kitsap
Way (SR310) and Warren Avenue (SR303) Traffic Signal and Multimodal Safety Project
General Business
9. US Surface Transportation Program Grant; and Local Agency Agreement with WSDOT for
the 6th Street Preservation Phase 2 Project General Business
C. GENERAL COUNCIL BUSINESS
o Public Works Committee Briefing (1/15/19 Meeting) – Chair Kevin Gorman
o Audit Committee Briefing (1/22/19 Meeting) – Chair Leslie Daugs
o General Council Business was briefly discussed, including a proposed agenda for the
Joint Planning Session on Saturday, January 26.
City Council Special Meeting & Study Session Minutes
Wednesday, January 23, 2019
Page 2 of 2
With no further business, President Younger adjourned the Council Special Meeting and Study
Session at 6:49 PM.
Prepared and Submitted by:
______________________________
CHRISTINE GRENIER, Legislative Assistant
APPROVED by the City Council on the 6th day of February, 2019.
______________________________
Eric Younger, Council President
ATTEST:
______________________________
Angela Woods, City Clerk
EY:AW:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Renewals for 2019 of Excess
Liability Insurance with Allied World National
Assurance Company; Excess Workers’
Compensation Insurance with Midwest
Employers Casualty Company; and Crime
Insurance with Great American Insurance
Group
Study Session Date: January 23, 2019
COUNCIL MEETING Date: February 6, 2019
Department: City Attorney’s Office –
Risk Management
Presenter: Melisa Vaal Folmer
Phone: (360) 473-5302
SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the
approval of the City Attorney, to bind insurance and then requires City Council approval for the
continuation of the bound coverage. Insurance for 2019 is bound as follows:
1. Excess Liability insurance with Allied World National Assurance Company at an annual
premium of $169,317 (including terrorism);
2. Excess Workers’ Compensation insurance with Midwest Employers Casualty Company at an
annual premium of $49,820; and
3. Crime insurance with Great American Insurance Group at an annual premium of $4,150.
ATTACHMENTS: None.
FISCAL IMPACTS (Include Budgeted Amount): Sufficient funds have been budgeted in the Risk
Management Fund for these expenditures for 2019.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve the renewals for 2019 of Excess Liability insurance
with Allied World National Assurance Company in the amount of $169,317; Excess Workers’
Compensation insurance with Midwest Employers Casualty Company in the amount of $49,820; and
Crime insurance with Great American Insurance Group in the amount of $4,150.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
5D
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Enterprise Agreement with
ESRI, Inc. for Small Municipal and County
Government
Study Session Date: January 23, 2019
COUNCIL MEETING Date: February 6, 2019
Department: Finance/IT
Presenter: Kevin Matthew
Phone: (360) 473-5473
SUMMARY:
Due to the very successful implementation of spatially enable application deployment and to our
every increasing reliance on GIS technology in our business processes, we have grown to the point
where our current level of ArcGIS server licensing is no longer appropriate. Additionally, our use of
ArcGIS licensed desktop products is increasing as well. The City has built a considerable spatial
data infrastructure based on ESRI products. It would be exceedingly disruptive and costly to move
away from ESRI products at this time. Accordingly, this agreement was produced by direct
negotiation pursuant to BMC 2.76.090.
The Esri Small Municipal and County Government Enterprise Agreement (EA) is a three‐year
agreement that will grant the City access to Esri® term license software on an unlimited basis
including maintenance on all software offered through the EA for the term of the agreement. This will
replace the existing perpetual based licensing with annual support/upgrade payments.
ATTACHMENTS:
1) Esri quotation # 20540144
2) Esri Small Enterprise Agreement for County and Municipal Government
3) Sole source justification
FISCAL IMPACTS (Include Budgeted Amount): The total anticipated cost of this project is
$70,500.00 plus tax over 3 years. The first year payment in the amount of $12,000.00 plus tax is
included in the Information Technology 2019 budget. The second and third year payments of
$23,500 and $35,000 plus tax respectively, will be budgeted in subsequent years.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to accept the Esri quote # 20540144 and execute the Enterprise
Agreement for County and Municipal Governments with ESRI, Inc. in the amount of $70,500.00 plus
tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms
and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
5E
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Budget Adjustment to Close Out
Lebo Boulevard Construction Fund
Study Session Date: January 23, 2019
COUNCIL MEETING Date: February 6, 2019
Department: Financial Services
Presenter: Mike Riley
Phone: (360) 473-5303
SUMMARY: The Lebo Boulevard Reconstruction Project was completed in 2018. The City created a
separate fund to track the street work, while the utility work was reported in the applicable utility
capital funds. The project was funded, in part, by a Transportation Improvement Board (TIB) Grant.
The street and stormwater work was grant eligible, and the City elected to use the stormwater work
to meet its match requirement. At completion, the City received $5,241,025 from TIB. The street
costs totaled $5,008,522. The excess funds (including interest earned) will be transferred to the
Stormwater Capital Fund and the Lebo Boulevard Construction Fund will be closed.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount): Authorize a budget adjustment to transfer-out
remaining cash and interest earnings in Fund 317 to Fund 484. The transfer amount is estimated to
be between $233,000 and $238,000.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move authorize the transfer-out of remaining excess funds (cash and
interest earnings) from the Lebo Boulevard Construction Fund 317 to the Stormwater Capital Fund
484 and close the Lebo Boulevard Construction Fund.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
5F
Lebo Blvd Roadway Improvement Project
Fund 317 Fund 484 Fund 454 Fund 404
Street Stormwater Sewer Water Total
GRANT ELIGIBLE
Transportation Improvement Board
(TIB) Grant Funding
Grant Funds in Excess of Street Costs,
due to Stormwater Fund
Project Costs
5,241,025 -
232,503
- - 5,241,025
5,008,522 1,605,639 86,759 206,795 6,907,715
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Amendment No. 2 to the Goods
and Services Agreement for a 1-Year
Extension and a 1% Rate Increase with
Merchant Patrol Security Services, Inc.
Study Session Date: January 23, 2019
COUNCIL MEETING Date: February 6, 2019
Department: PW&U
Presenter: Wayne Hamilton
Phone: (360) 473-5207
SUMMARY: The City is seeking approval to extend the current Goods and Services Agreement with
Merchant Patrol Security Services, Inc. for security services and patrols for one year, with a
negotiated service rate increase of 1%, all current/existing conditions and specifications to remain the
same. The prior extension was expected to be the last, but this one year extension will allow the City
Contracts Administer and Facilities Division staff to analyze security services, improvements to
management of the Parking facilities, and will facilitate preparation to bid the work out at the end of
2019 to find the appropriate provider, level of services, and price.
ATTACHMENTS: 1) Amendment No. 2 to extend contract #5206
FISCAL IMPACTS (Include Budgeted Amount): Total annual cost of contract is $57,607.09 per
year. This amount is included in the 2019 budget.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve Amendment No. 2 of the Goods and Services
Agreement with Merchant Patrol Security Services, Inc. with a 1-year extension and a 1% rate
increase; 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
5G
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Sole Source Purchase of
Hardened Impellers & Volutes for two (2)
ABS Pumps at Pump Station CE-1
Study Session Date: January 23, 2019
COUNCIL MEETING Date: February 6, 2019
Department: PW&U/WWTP
Presenter: Rick Zimburean
Phone: (360) 473-5449
SUMMARY: We currently purchase replacement volutes and impellers for the two ABS Pumps at
CE-1 from the manufacturer vendor, Pump Tech Inc.
These replacement impellers and volutes last on average two years, due to rocks and sand. Staff
requested a quote from Pump Tech Inc. for hardened (250-300 BHC) impellers and volutes, which
will increase the life of the impellers and volutes 8-10 years, on average.
The cost of the hardened impellers and volutes are more than double for the first set due to patterns
and castings cost. From that point the cost drop significantly, and we pay the same price as standard
impellers and volutes.
The total to outfit both ABS pumps at CE-1 with hardened impellers and volutes is $65,532.98
ATTACHMENTS: 1) Pump Tech Inc. proposal, 2) Sole Source memo
FISCAL IMPACTS (Include Budgeted Amount): This purchase is budgeted through the WWTP
Operating Supplies budget of $575,000.00.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve the proposal to purchase hardened impellers and
volutes from Pump Tech In the amount of $65,532.98; 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
5H
TO:
Kevin Golnik
Bremerton WWTP, City of
Wastewater Treatment Plant
1600 Oyster Bay Avenue S
Bremerton, WA 98312
Phone: 360 304 2654
Fax: 360-473-5455
Page:1
Date:
Salesperson:
1/8/2019
Quote #:
Expires:2/7/2019
Sales Quotation
12020 SE 32ND Street Suite 2
Bellevue, WA 98005
Phone: 425-644-8501
Fax: 425-562-9213
jjoyce@pumptechnw.com
PumpTech Inc.
FOB:
Lead Time:16 to 18 Weeks
Jim Joyce / Mike Dunn
Hardened Parts for CE1 PumpsProject Name:
OTHERShip Via:
0144896
FOB ORIGIN - FFA
Customer#: 0018900
Item Qty ExtendPrice
PumpTech is pleased to offer the following Hardened Pump
Parts for the ABS pumps installed in CE1.
---------------------------------------------------------------------
.
0.00 0.00
NOTE ** First Set of Patterns and Castings**
.
0.00 0.00
P-XXNP-27783-IMP 1.00Impeller, Hardened Ductile Iron, for XFP 151J-CB1
.
9,193.00 9,193.00
P-XXNP-27783-VOL 1.00Volute, Hardened Ductile Iron, for XFP 151J-CB1
.
24,405.00 24,405.00
P-XXNP-27783-SCV 1.00Suction Cover, Hardened Ductile Iron, For XFP 151J-CB1
.
-------------------------------------------------------------------------
.
9,520.00 9,520.00
NOTE ** Second Set of Castings **
.
0.00 0.00
P-XXNP-27783-IMP 1.00Impeller, Hardened Ductile Iron, for XFP 151J-CB1
.
4,625.00 4,625.00
P-XXNP-27783-VOL 1.00Volute, Hardened Ductile Iron, for XFP 151J-CB1
.
7,430.00 7,430.00
P-XXNP-27783-SCV 1.00Suction Cover, Hardened Ductile Iron, For XFP 151J-CB1
.
-------------------------------------------------------------------------
.
4,949.00 4,949.00
Freight 1.00Ground Freight to Bremerton Included. 0.00 0.00
SubTotal 60,122.00
Sales Tax:5,410.98
65,532.98 Total:
The above order is subject to Pumptech Inc. standard terms and conditions and credit approval which are
attached and made part of this agreement. We appreciate your interest in our products and services and if
you have any questions on our offerings please do not hesitate to call.
By signature below, I accept this offering:
Signed:
Name:Title:
True
STANDARD TERMS & CONDITIONS
SHIPMENT
Estimated shipment from manufacturer can proceed as quoted after receipt of approved submittals and purchase order. Quoted
shipment time is not guaranteed and is based on information from our suppliers. Any late delivery charges due to shipment
beyond the above estimated schedule will not be accepted.
CONDITIONS OF SALE
PUMPTECH INC is not bound by the terms and conditions in Purchaser’s Purchase Order or in Purchaser’s or Owner’s Plans &
Specifications unless such terms are delivered to PumpTech prior to quotation and referenced in the quotation .
PUMPTECH INC is not responsible for delay, disruption, consequential or liquidated damages of any sort, unless Purchaser
requests and receives a quotation which includes pricing and terms for such damages.
CREDIT APPROVAL AND PAYMENT TERMS
Credit approval is required by PUMPTECH INC. prior to release of order to manufacturer; however, submittal may begin at the
time of receipt of purchase order.PUMPTECH, INC.'s payment terms are Net 30 days from invoice date. In some circumstances
PUMPTECH, INC. may require Progress Payments. Progress payments are due and payable on receipt of invoice. “Standard
Progress Payment Plan” is defined as a payment plan that includes the following terms in the Purchase Order or in the agreement:
a.15% - Fifteen percent on receipt of approved drawings
b.30% - Thirty percent with order of major components
c.20% - Twenty percent on receipt of major components at our facility
d.30% - Thirty percent upon shipment
e. 5% - Five percent on start up
A finance charge of 1.5% per month will be charged on all past due balances. If PUMPTECH, INC. is forced to turn this over to a
collection agency; purchaser agrees to pay costs of the collection to the extent that is allowed by law for commercial accounts.
Purchaser also agrees to pay attorney fees and court costs in the event of a suit.
WARRANTY
The only warranty/guarantee implied or applied to this quotation are those as put forth by the original manufacturer. Products
manufactured by PUMPTECH INC. are warranted to be free from defects in material and workmanship for a period of one (1) year
from the date of installation provided that the product is properly installed, serviced, and operated under normal conditions.
TAXES
The pricing in the quotation does not include any local, state, or federal taxes. If applicable, taxes will be included on the invoice.
With the signature below, purchaser agrees to the above terms and conditions, and authorizes PUMPTECH INC. to proceed with
the order.
__________________________________________________________________
(Purchaser's signature) Printed Name & Title (Date)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Clean Water State Revolving
Fund Loan Agreement for the Oyster Bay
Beach Sewer Upgrades (OB-2 to OB-1)
Project
Study Session Date: January 23, 2019
COUNCIL MEETING Date: February 6, 2019
Department: Engineering
Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY: The City has been offered $3,800,000 in the form of a CWSRF loan from the
Department of Ecology for the Oyster Bay Beach Sewer Upgrades – OB-2 to OB-1 Project
(Agreement No. WQC-2018-BremPW -00117). The project includes the design and installation of
grinder pumps at 53 properties as well as upland gravity and low pressure collection system
improvements. The project will reduce sanitary sewage discharges from broken residential sewer
laterals. The requested action before the City Council is approval of the CWSRF Loan and
authorization for the Mayor to finalize and execute the loan agreement.
ATTACHMENTS: 1) CWSRF Loan Agreement WQC-2018-BremPW-00117
2) Summary
FISCAL IMPACTS (Include Budgeted Amount): These funds are necessary to make these
sanitary sewer system improvements. This loan will provide $3,800,000 for the project. Utilizing these
low-interest (1.5%) loans effectively reduces the cost of upgrading this essential infrastructure.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Clean Water State Revolving Fund Loan with the Washington State Department
of Ecology for the Oyster Bay Beach Sewer Upgrades – OB-2 to OB-1 Project; 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
5I
Agreement No. WQC-2018-BremPW-00117
WATER QUALITY COMBINED FINANCIAL ASSISTANCE AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
THE CITY OF BREMERTON PUBLIC WORKS
This is a binding Agreement entered into by and between the state of Washington, Department of Ecology,
hereinafter referred to as “ECOLOGY,” and The City of Bremerton Public Works, hereinafter referred to as the
“RECIPIENT,” to carry out with the provided funds activities described herein.
Oyster Bay Beach Sewer Upgrades - OB-2 to
OB-1
GENERAL INFORMATION
Project Title:
Total Cost:
Total Eligible Cost:
Ecology Share:
Recipient Share:
The Effective Date of this Agreement is:
The Expiration Date of this Agreement is no later than:
Project Type:
Project Short Description:
This project includes the design and installation of grinder pumps at approximately 53 properties as well as
upland gravity and low pressure collection system improvements to eliminate sewage backups into Oyster Bay
from failed backflow prevention devices and broken laterals. The project will benefit salmonid, and shellfish
habitat in oyster bay and protect human health.
Project Long Description:
This project includes the design and installation of grinder pumps at approximately 53 properties as well as
upland gravity and low pressure collection system improvements to eliminate sewage backups into Oyster Bay
from failed backflow prevention devices and broken laterals. The project will benefit salmonid, and shellfish
habitat in oyster bay and protect human health.
This project will address an ongoing concern with surcharging sewers that have historically caused water quality
impacts (elevated fecal coliform bacteria) and damage to residences connected to a gravity pressure sewer
$3,800,000.00
$3,800,000.00
$3,800,000.00
$0.00
06/30/2018
12/31/2022
Wastewater Facility
Page 2 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
located in the beach of Oyster Bay in Bremerton.
Overall Goal:
To reduce fecal coliform bacteria pollution and other pollution associated with sewage in Oyster Bay by moving
the wastewater collection system out of marine waters and into an upland system.
Version 10/30/2015
Page 3 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
RECIPIENT INFORMATION
Organization Name:
Federal Tax ID:
DUNS Number:
Mailing Address:
Physical Address:
Contacts
Organization Email:
The City of Bremerton Public Works
91-6001231
556846970
345 6th Street, Ste 100
Bremerton, WA 98337
345 6th Street, Suite 100
Bremerton, Washington 98337
Ned Lever
Managing Engineer
345 6th Street
Suite 100
Bremerton, Washington 98337
Email: ned.lever@ci.bremerton.wa.us
Phone: (360) 473-2398
Authorized
Signatory
Anna Cruz
Accountant / Financial Analyst
345 6th Street, Suite 100
Bremerton, Washington 98337
Email: anna.cruz@ci.bremerton.wa.us
Phone: (360) 473-2327
Billing Contact
Project Manager
Authorized
Signatory
Greg Wheeler
Mayor
345 6th Street, Suite 100
Bremerton, Washington 98337
Email: greg.wheeler@ci.bremerton.wa.us
Phone: (360) 473-5266
ned.lever@ci.bremerton.wa.us
Version 10/30/2015
Page 4 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
Contacts
Project
Manager
Financial
Manager
Kevin Leung
3190 - 160th Ave SE
Bellevue, Washington 98008-5452
Email: kleu461@ecy.wa.gov
Phone: (425) 649-7207
Tammie McClure
PO Box 47600
Olympia, Washington 98504-7600
Email: tmcc461@ecy.wa.gov
Phone: (360) 407-6410
ECOLOGY INFORMATION
Mailing Address:
Physical Address:
Department of Ecology
Water Quality
PO BOX 47600
Olympia, WA 98504-7600
Water Quality
300 Desmond Drive SE
Lacey, WA 98503
Version 10/30/2015
Page 5 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
AUTHORIZING SIGNATURES
RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things
necessary for or incidental to the performance of work as set forth in this Agreement.
RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and
conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all
applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the
RECIPIENT has read, understood, and accepts all requirements contained within this Agreement.
This Agreement contains the entire understanding between the parties, and there are no other understandings or
representations other than as set forth, or incorporated by reference, herein.
No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed
by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and
RECIPIENT may change their respective staff contacts without the concurrence of either party.
This Agreement shall be subject to the written approval of Ecology’s authorized representative and shall not be
binding until so approved.
The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their
respective organizations to this Agreement.
IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do
agree in each and every particular and have thus set their hands hereunto.
Washington State
Department of Ecology
Water Quality
Date Date
The City of Bremerton Public Works
Heather R. Bartlett
Mayor
Greg Wheeler
By:By:
Template Approved to Form by
Attorney General's Office
Program Manager
Version 10/30/2015
Page 6 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
SCOPE OF WORK
Task Number:1 Task Cost: $25,000.00
Task Title:Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements.
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for
reimbursement and corresponding backup documentation; progress reports; and a recipient closeout report (including
photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement,
contracting, and interlocal agreement requirements; application for, receipt of, and compliance with all required
permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and
scheduling project activities and assuring quality control. Every effort will be made to maintain effective
communication with the RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any
interested individuals or groups. The RECIPIENT shall carry out this project in accordance with any completion dates
outlined in this agreement.
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements.
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement, quarterly progress reports, and RECIPIENT closeout
report.
* Properly maintained project documentation
Recipient Task Coordinator: Linda Fulton
Deliverables
Project Administration/Management
Number Description Due Date
1.1 Quarterly Progress Reports
1.2 Recipient Closeout Report
1.3 Project Outcome Summary Report
Version 10/30/2015
Page 7 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
SCOPE OF WORK
Task Number:2 Task Cost: $400,000.00
Task Title:Permitting & Design
Task Description:
A. The RECIPIENT shall obtain necessary permits required for the project.
B. The RECIPIENT shall procure engineering services in accordance with state law. The RECIPIENT must include
ECOLOGY’s specification insert in the contract documents for design. The RECIPIENT shall submit all contracts for
engineering services before ECOLOGY shall provide reimbursement for work performed under this task. The
engineering consultant firm shall complete the final design and permitting for the project under the management and
oversight of the RECIPIENT.
C. The RECIPIENT shall design the grinder pumps and conveyance pipelines. Plans and specifications developed by
the RECIPIENT shall be consistent with the requirements of Chapter 173-240 WAC.
D. The plans and specifications, construction contract documents, and addenda shall be approved by the RECIPIENT
prior to submittal for ECOLOGY review. All construction plans submitted to ECOLOGY for review and approval
shall be reduced to no larger than 11" x 17" in size. All reduced drawings shall be completely legible. The project
manager may request plans be submitted in either PDF or AutoCAD electronic format, and specifications in a
searchable PDF or Microsoft Word electronic file. A current construction cost estimate shall be submitted along with
each plan/specification submittal. The project manager may request a spreadsheet of the costs in electronic file format.
E. The RECIPIENT shall complete the facility design within 24 months after the execution of this AGREEMENT.
The RECIPIENT has requested an additional 12 month extension to the standard 12 month design completion
requirement for Step 4 design construct projects due to the size and difficulty of a project of this kind. Ecology will
review progress after 12 months to ensure sufficient progress has been made. If it is determined that sufficient
progress has not been made toward the completion of design, this agreement may be amended to include design only,
de-obligating construction funding for use on other projects.
F. Investment Grade Efficiency Audit. The RECIPIENT shall procure a third party analysis of potential energy and
water efficiency measures for incorporation into the design of any wastewater facilities. The analysis shall identify
potential efficiency measures, provide cost estimates, and evaluate their cost effectiveness. If the RECIPIENT has
obtained either a preliminary or investment grade energy audit of the utility in the last 5 years, documentation of that
audit can be submitted instead.
G. The RECIPIENT's construction management staff shall provide a constructability review and quality assurance
check of the project drawing and specification package, and general requirements of the construction bid documents at
the 60 percent and 90 percent stages.
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Version 10/30/2015
Page 8 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
Recipient Task Coordinator: Bill Davis
Deliverables
Permitting & Design
Number Description Due Date
2.1 Documentation of local, state and federal permitting.
2.2 Executed contracts for engineering services and affidavit of publication.
2.3 Documentation of the RECIPIENT’s process for procuring engineering
services, and affidavit of publications.
2.4 Documentation of opinions of probable construction costs for the pumps
and conveyance system improvements.
2.5 Final bid documents for the RECIPIENT's use in soliciting bids from
Contractors to construct the improvements.
2.6 Documentation of quality assurance and quality control reviews
throughout the design phase.
2.7 Two copies of the final design with detailed cost estimate and
specifications.
2.8 Investment Grade Efficiency Audit documentation.
Version 10/30/2015
Page 9 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
SCOPE OF WORK
Task Number:3 Task Cost: $300,000.00
Task Title:Construction Management
Task Description:
A. The RECIPIENT will provide adequate and competent construction management and inspection for the Project.
This may involve procuring the professional services. If professional services are procured, the RECIPIENT will
procure them in accordance with state law. The RECIPIENT will include ECOLOGY’s specification insert in the
contract documents. The RECIPIENT must submit all contracts for construction management services before
ECOLOGY will provide reimbursement for work performed under this task.
B. The RECIPIENT will develop a detailed Construction Quality Assurance Plan (WAC 173-240-075) and submit it
to ECOLOGY for approval. This plan must describe the activities which the RECIPIENT will undertake to achieve
adequate and competent oversight of all construction work.
C. Upon completion of this construction, the RECIPIENT shall submit the Declaration of Construction Completion
form to ECOLOGY in accordance with WAC 173-240-090 and a set of "as-built" plans of the construction contract
i.e., record construction drawings which reflect changes, modifications, or other revisions made to the project during
construction. The form, when signed by a professional engineer, indicates that the project was completed in
accordance with the plans and specifications and major change orders approved by ECOLOGY, and is accurately
shown on the as-built plans.
D. The RECIPIENT will provide a plan of interim operation for the facility while under construction.
E. The RECIPIENT will ensure construction progresses according to a timely schedule developed to meet completion
dates indicated in the construction contract. The RECIPIENT will revise or update the schedule whenever major
changes occur and resubmit to ECOLOGY. In the absence of any major changes, the RECIPIENT will describe
progress of the construction in the quarterly progress reports.
F. As a condition of receiving this funding, the RECIPIENT will prepare an asset management program (fiscal
sustainability plan). The RECIPIENT will certify that a plan that contains at least the minimum required elements
listed above has been developed and is being implemented. The plan must include the following elements:
1. An inventory of critical assets that belong to the utility.
2. An evaluation of the condition and performance of the critical assets.
3. A plan to maintain, repair, and replace the critical assets and to fund those activities.
4. A process to evaluate and implement water and energy conservation efforts as part of the plan.
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Version 10/30/2015
Page 10 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
Recipient Task Coordinator: William Davis
Deliverables
Construction Management
Number Description Due Date
3.1 Executed contract for construction management services.
3.2 Documentation of the RECIPIENT’s process for procuring engineering
services.
3.3 Construction Quality Assurance Plan.
3.4 Plan of interim operation of the facility while under construction.
3.5 Declaration of Construction completion (paper copy) and one electronic
copy of the Record Drawings. Submit the electronic copy in searchable
PDF format at minimum resolution of 300 dpi.
Version 10/30/2015
Page 11 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
SCOPE OF WORK
Task Number:4 Task Cost: $3,075,000.00
Task Title:Construction
Task Description:
A. The RECIPIENT shall include ECOLOGY’s specification insert in the bid documents. The RECIPIENT shall
execute a contract with the lowest responsive responsible bidder to construct the PROJECT. The RECIPIENT shall
submit Bid Tabs, the Notice of Award, and a copy of the executed contract before ECOLOGY shall provide
reimbursement for work performed under this task.
B. The RECIPIENT shall complete construction of the grinder pumps and pipelines in accordance with the plans and
specifications approved by ECOLOGY.
C. The RECIPIENT shall conduct a pre-construction conference and invite ECOLOGY staff.
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Recipient Task Coordinator: William Davis
Deliverables
Construction
Number Description Due Date
4.1 Copy of the advertisement for bids with affidavit of publication, bid tabs
in Excel format, notice of award, notice to proceed, and a copy of the
executed construction contract.
4.2 Minutes of the pre-construction meeting.
4.3 Certification that the Financial Sustainability Plan has been developed
and is being implemented.
Version 10/30/2015
Page 12 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
SCOPE OF WORK
Task Number:5 Task Cost: $0.00
Task Title:Change Order Allowance
Task Description:
A. The RECIPIENT shall negotiate all change orders to the construction contract necessary for successful completion
of the project.
B. The RECIPIENT shall submit the change orders to ECOLOGY for approval. Change orders that are a significant
deviation from the approved plans/specifications must be submitted for approval, prior to execution. All other change
orders must be submitted within 30 days after execution.
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Recipient Task Coordinator: William Davis
Deliverables
Change Order Allowance
Number Description Due Date
5.1 Change Order Justifications if needed.
5.2 Executed change orders with backup documentation and professional
engineer seal and signature.
Version 10/30/2015
Page 13 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
BUDGET
Funding Distribution EL180442
NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment
remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple
funding distribution numbers to identify each budget.
Title:
State
FY18 SRF (State)
100%
The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State
Revolving Fund (SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part
K). Washington State administers the program under Chapter 173-98 WAC. The
portion of this project funded with this funding distribution comes from non-federal
source and are not subject to Federal Funding Accountability and Transparency Act
(FFATA) and Single Audit Act (SAA). However, this project is subject to the
federal requirements outlined in Section 4 and 5 of agreement terms and
conditions.
Type:
Funding Source %:
Description:
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant? No
Approved State Indirect Rate: 30%
0%
No
No
Effective Interest Rate: 1.5% Interest Rate: 0.5% Admin Charge: 1%
Terms:20 years
Project Start Date: 06/30/2018 Project Completion Date: 12/31/2022
Estimated Initiation of Operation date:
Loan Security:
Final Accrued Interest:
Final Loan Amount:
Repayment Schedule Number:
06/30/2022
Revenue Secure Lien Obligation of the Recipient
$
$
2560
Funding Title:
Funding Source:
Funding Expiration Date:
Funding Type:
Funding Effective Date:
SRF Loan
06/30/2018 12/31/2022
Loan
Version 10/30/2015
Page 14 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
SRF Loan Task Total
Project Administration/Management 25,000.00$
Permitting & Design 400,000.00$
Construction Management 300,000.00$
Construction 3,075,000.00$
Change Order Allowance 0.00$
3,800,000.00$Total:
Version 10/30/2015
Page 15 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
Funding Distribution Summary
Recipient / Ecology Share
Recipient Share Ecology Share TotalRecipient Match %Funding Distribution Name
$$$%3,800,000.00 3,800,000.000.000.00SRF Loan
Total $$0.00 3,800,000.00 $3,800,000.00
AGREEMENT SPECIFIC TERMS AND CONDITIONS
N/A
SPECIAL TERMS AND CONDITIONS
SECTION 1: DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of this agreement:
“Administration Charge” means a charge established in accordance with Chapter 90.50A RCW and Chapter 173-98
WAC, to be used to pay Ecology’s cost to administer the State Revolving Fund by placing a percentage of the interest
earned in an Administrative Charge Account.
“Administrative Requirements” means the effective edition of ECOLOGY's Administrative Requirements for
Recipients of Ecology Grants and Loans at the signing of this agreement.
“Annual Debt Service” for any calendar year means for any applicable bonds or loans including the loan, all interest
plus all principal due on such bonds or loans in such year.
“Average Annual Debt Service” means, at the time of calculation, the sum of the Annual Debt Service for the
remaining years of the loan to the last scheduled maturity of the loan divided by the number of those years.
“Acquisition” means the purchase or receipt of a donation of fee or less than fee interests in real property. These
interests include, but are not limited to, conservation easements, access/trail easements, covenants, water rights, leases,
and mineral rights.
“Centennial Clean Water Program” means the state program funded from various state sources.
“Contract Documents” means the contract between the RECIPIENT and the construction contractor for construction of
the project.
“Cost Effective Analysis” means a comparison of the relative cost-efficiencies of two or more potential ways of
solving a water quality problem as described in Chapter 173-98-730 WAC.
“Defease” or “Defeasance” means the setting aside in escrow or other special fund or account of sufficient investments
and money dedicated to pay all principal of and interest on all or a portion of an obligation as it comes due.
Version 10/30/2015
Page 16 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
“Effective Date” means the earliest date on which eligible costs may be incurred.
“Effective Interest Rate” means the total interest rate established by Ecology that includes the Administrative Charge.
“Estimated Loan Amount” means the initial amount of funds loaned to the RECIPIENT.
“Estimated Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the
Estimated Loan Amount.
“Equivalency” means projects designated by ECOLOGY to meet additional federal requirements.
“Expiration Date” means the latest date on which eligible costs may be incurred.
“Final Accrued Interest” means the interest accrued beginning with the first disbursement of funds to the RECIPIENT
through such time as the loan is officially closed out and a final loan repayment schedule is issued.
“Final Loan Amount” means all principal of and interest on the loan from the Project Start Date through the Project
Completion Date.
“Final Loan Repayment Schedule” means the schedule of loan repayments over the term of the loan based on the Final
Loan Amount.
“Forgivable Principal” means the portion of a loan that is not required to be paid back by the borrower.
“General Obligation Debt” means an obligation of the RECIPIENT secured by annual ad valorem taxes levied by the
RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
“General Obligation Payable from Special Assessments Debt” means an obligation of the RECIPIENT secured by a
valid general obligation of the Recipient payable from special assessments to be imposed within the constitutional and
statutory tax limitations provided by law without a vote of the electors of the RECIPIENT on all of the taxable
property within the boundaries of the RECIPIENT.
“Gross Revenue” means all of the earnings and revenues received by the RECIPIENT from the maintenance and
operation of the Utility and all earnings from the investment of money on deposit in the Loan Fund, except (i) Utility
Local Improvement Districts (ULID) Assessments, (ii) government grants, (iii) RECIPIENT taxes, (iv) principal
proceeds of bonds and other obligations, or (v) earnings or proceeds (A) from any investments in a trust, Defeasance,
or escrow fund created to Defease or refund Utility obligations or (B) in an obligation redemption fund or account
other than the Loan Fund until commingled with other earnings and revenues of the Utility or (C) held in a special
account for the purpose of paying a rebate to the United States Government under the Internal Revenue Code.
“Guidelines” means the ECOLOGY's Funding Guidelines that that correlate to the State Fiscal Year in which the
project is funded.
“Initiation of Operation Date” means the actual date the Water Pollution Control Facility financed with proceeds of the
loan begins to operate for its intended purpose.
Version 10/30/2015
Page 17 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
“Loan” means the Washington State Water Pollution Control Revolving Fund Loan or Centennial Clean Water Fund
(Centennial) Loan made pursuant to this loan agreement.
“Loan Amount” means either an Estimated Loan Amount or a Final Loan Amount, as applicable.
“Loan Fund” means the special fund created by the RECIPIENT for the repayment of the principal of and interest on
the loan.
“Loan Security” means the mechanism by which the RECIPIENT pledges to repay the loan.
“Loan Term” means the repayment period of the loan.
“Maintenance and Operation Expense” means all reasonable expenses incurred by the RECIPIENT in causing the
Utility to be operated and maintained in good repair, working order, and condition including payments to other parties,
but will not include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes.
“Net Revenue” means the Gross Revenue less the Maintenance and Operation Expense.
“Original Engineer’s Estimate” means the engineer’s estimate of construction costs included with bid documents.
“Principal and Interest Account” means, for a loan that constitutes Revenue-Secured Debt, the account created in the
loan fund to be first used to repay the principal of and interest on the loan.
“Project” means the project described in this agreement.
“Project Completion Date” means the date specified in the agreement on which the Scope of Work will be fully
completed. This term is only used in loan agreements.
“Project Schedule” means that schedule for the project specified in the agreement.
“Revenue-Secured Debt” means an obligation of the RECIPIENT secured by a pledge of the revenue of a utility and
one not a general obligation of the RECIPIENT.
“Reserve Account” means, for a loan that constitutes a Revenue Secured Debt and if specifically identified as a term
and condition of the funding agreement, the account of that name created in the loan fund to secure the payment of the
principal of and interest on the loan.
“Risk-Based Determination” means an approach to sub-recipient monitoring and oversight based on risk factors
associated to a RECIPIENT or project.
“Scope of Work” means the tasks and activities constituting the project.
“Section 319” means the section of the Clean Water Act that provides funding to address nonpoint sources of water
pollution.
“Senior Lien Obligations” means all revenue bonds and other obligations of the RECIPIENT outstanding on the date
of execution of this loan agreement (or subsequently issued on a parity therewith, including refunding obligations) or
Version 10/30/2015
Page 18 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
issued after the date of execution of this loan agreement having a claim or lien on the Gross Revenue of the Utility
prior and superior to the claim or lien of the loan, subject only to Maintenance and Operation Expense.
“State Water Pollution Control Revolving Fund (Revolving Fund)” means the water pollution control revolving fund
established by Chapter 90.50A.020 RCW.
“Termination Date” means the effective date of ECOLOGY’s termination of the agreement.
“Termination Payment Date” means the date on which the RECIPIENT is required to repay to ECOLOGY any
outstanding balance of the loan and all accrued interest.
“Total Eligible Project Cost” means the sum of all costs associated with a water quality project that have been
determined to be eligible for ECOLOGY grant or loan funding, including any required recipient match.
“Total Project Cost” means the sum of all costs associated with a water quality project, including costs that are not
eligible for ECOLOGY grant or loan funding.
“ULID” means any utility local improvement district of the RECIPIENT created for the acquisition or construction of
additions to and extensions and betterments of the Utility.
“ULID Assessments” means all assessments levied and collected in any ULID. Such assessments are pledged to be
paid into the Loan Fund (less any prepaid assessments permitted by law to be paid into a construction fund or
account). ULID Assessments will include principal installments and any interest or penalties which may be due.
“Utility” means the sewer system, stormwater system, or the combined water and sewer system of the RECIPIENT,
the Net Revenue of which is pledged to pay and secure the loan.
SECTION 2: THE FOLLOWING CONDITIONS APPLY TO ALL RECIPIENTS OF WATER QUALITY
COMBINED FINANCIAL ASSISTANCE FUNDING.
The Water Quality Financial Assistance Funding Guidelines are included in this agreement by reference and are
available on ECOLOGY’s Water Quality Program website.
A. Architectural and Engineering Services: The RECIPIENT certifies by signing this agreement that the requirements
of Chapter 39.80 RCW, “Contracts for Architectural and Engineering Services,” have been, or shall be, met in
procuring qualified architectural/engineering services. The RECIPIENT shall identify and separate eligible and
ineligible costs in the final architectural/engineering services contract and submit a copy of the contract to ECOLOGY.
B. Acquisition: The following provisions shall be in force only if the project described in this agreement is an
acquisition project:
a. Evidence of Land Value and Title. The RECIPIENT shall submit documentation of the cost of the property rights
and the type of ownership interest that has been acquired.
b. Legal Description of Real Property Rights Acquired. The legal description of the real property rights purchased
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Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
with funding assistance provided through this agreement (and protected by a recorded conveyance of rights to the State
of Washington) shall be incorporated into the agreement before final payment.
c. Conveyance of Rights to the State of Washington. Upon purchase of real property rights (both fee simple and lesser
interests), the RECIPIENT shall execute the document necessary to convey certain rights and responsibilities to
ECOLOGY, on behalf of the State of Washington. The documents required will depend on the project type, the real
property rights being acquired, and whether or not those rights are being acquired in perpetuity (see options below).
The RECIPIENT shall use language provided by ECOLOGY, to record the executed document in the County where
the real property lies, and to provide a copy of the recorded document to ECOLOGY.
Documentation Options:
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. RECIPIENTs 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 RECIPIENT has acquired a perpetual easement for public purposes. The RECIPIENT must
obtain ECOLOGY approval on the draft language prior to executing the deed of right.
2. Assignment of Rights. The Assignment of Rights document transfers certain rights such as access and enforcement
to ECOLOGY. The RECIPIENT shall use this document when an easement or lease is being acquired for water
quality and habitat conservation. 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 RECIPIENT 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; therefore, the RECIPIENT must obtain ECOLOGY approval on the draft
language prior to executing the easement or lease.
d. Real Property Acquisition and Relocation Assistance.
1. Federal Acquisition Policies. See Section 4 of this agreement for requirements specific to Section 319 and SRF
funded projects.
2. State Acquisition Policies. When state funds are part of this agreement, the RECIPIENT 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
RECIPIENT agrees to provide any housing and relocation assistance required.
e. Hazardous Substances.
1. Certification. The RECIPIENT 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:
i. No hazardous substances were found on the site, or
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Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
ii. Any hazardous substances found have been treated and/or disposed of in compliance with applicable state and
federal laws, and the site is deemed “clean.”
2. Responsibility. Nothing in this provision alters the RECIPIENT's duties and liabilities regarding hazardous
substances as set forth in RCW 70.105D.
3. Hold Harmless. The RECIPIENT will defend, protect and hold harmless ECOLOGY 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 RECIPIENT is acquiring.
f. Restriction On Conversion Of Real Property And/Or Facilities To Other Uses
The RECIPIENT 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 ECOLOGY. For acquisition projects that are term limited, such
as one involving a lease or a term-limited restoration, renovation or development project or easement, this restriction
on conversion shall apply only for the length of the term, unless otherwise 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
specified by the lease, easement, deed, or landowner agreement.
C. Best Management Practices (BMP) Implementation: If the RECIPIENT installs BMPs that are not approved by
ECOLOGY prior to installation, the RECIPIENT assumes the risk that part or all of the reimbursement for that
activity may be delayed or ineligible. For more details regarding BMP Implementation, please reference the Water
Quality Financial Assistance Funding Guidelines available on ECOLOGY’s Water Quality Program funding website.
D. Electronic Fund Transfers: The RECIPIENT must register as a statewide vendor in order to receive payment
reimbursement. Washington State’s Department of Enterprise Services (DES) issues all payments. DES maintains a
central vendor file for Washington State agency use to process vendor payments. The RECIPIENT can complete the
registration process online at:
http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. This registration process
allows the RECIPIENT to sign up for direct deposit payments, also known as electronic fund transfers (EFT). If the
RECIPIENT has questions about the vendor registration process or setting up direct deposit payments contact DES
Payee Help Desk at (360) 407-8180or payeehelpdesk@watech.wa.gov.
E. Equipment Purchase: Equipment purchases over $5,000 and not included in the scope of work or the Ecology
approved construction plans and specifications, must be pre-approved by ECOLOGY’s project manager before
purchase. All equipment purchases over $5,000 and not included in a contract for work being completed on the
funded project, must also be reported on the Equipment Purchase Report in EAGL.
F. Funding Recognition: The RECIPIENT must inform the public about ECOLOGY or any EPA (see Section 3.B for
Section 319 funded or Section 5.E for SRF funded projects) funding participation in this project through the use of
project signs, acknowledgement in published materials, reports, the news media, websites, or other public
announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant
signs. Sign logos are available from ECOLOGY’s Financial Manager upon request.
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Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
G. Growth Management Planning: The RECIPIENT certifies by signing this agreement that it is in compliance with
the requirements of Chapter 36.70A RCW, “Growth Management Planning by Selected Counties and Cities.” If the
status of compliance changes, either through RECIPIENT or legislative action, the RECIPIENT shall notify
ECOLOGY in writing of this change within 30 days.
H. Interlocal: The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary
for the project are, or shall be, consistent with the terms of this agreement and Chapter 39.34 RCW, “Interlocal
Cooperation Act.” The RECIPIENT shall submit a copy of each interlocal agreement necessary for the project to
ECOLOGY upon request.
I. Lobbying and Litigation: Costs incurred for the purposes of lobbying or litigation are not eligible for funding under
this agreement.
J. Post Project Assessment Survey: The RECIPIENT agrees to participate in a brief survey regarding the key project
results or water quality project outcomes and the status of long-term environmental results or goals from the project
approximately three years after project completion. A representative from ECOLOGY’s Water Quality Program may
contact the RECIPIENT to request this data. ECOLOGY may also conduct site interviews and inspections, and may
otherwise evaluate the project, as part of this assessment.
K. Project Status Evaluation: ECOLOGY may evaluate the status of this project 18 months from the effective date of
this agreement. ECOLOGY’s Project Manager and Financial Manager will meet with the RECIPIENT to review
spending trends, completion of outcome measures, and overall project administration and performance. If the
RECIPIENT fails to make satisfactory progress toward achieving project outcomes, ECOLOGY may change the scope
of work, reduce grant funds, or increase oversight measures.
L. Technical Assistance: Technical assistance for agriculture activities provided under the terms of this agreement
shall be consistent with the current U.S. Natural Resource Conservation Service (“NRCS”) Field Office Technical
Guide for Washington State and specific requirements outlined in the Water Quality Funding Guidelines. Technical
assistance, proposed practices, or project designs that do not meet these standards may be eligible if approved in
writing by ECOLOGY.
SECTION 3: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND CENTENNIAL CLEAN
WATER FUNDED PROJECTS BEING USED TO MATCH SECTION 319 FUNDS.
The RECIPIENT must submit the following documents to ECOLOGY before this agreement is signed by ECOLOGY:
1. Federal Funding Accountability and Transparency Act (FFATA) Form, available on the Water Quality Program
website.
2. “Section 319 Initial Data Reporting” form in EAGL.
A. Data Reporting: The RECIPIENT must complete the “Section 319 Initial Data Reporting” form in EAGL before
this agreement can be signed by Ecology. This form is used to gather general information about the project for EPA.
B. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the RECIPIENT
shall provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA
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WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
logo and follow usage requirements available at http://www2.epa.gov/stylebook/using-epa-seal-and-logo. To obtain
the appropriate EPA logo or seal graphic file, the RECIPIENT may sent a request to their Ecology Financial Manager.
To increase public awareness of projects serving communities where English is not the predominant language,
RECIPIENTS are encouraged to provide their outreach strategies communication in non-English languages.
Translation costs for this purpose are allowable, provided the costs are reasonable.
The RECIPIENT shall use the following paragraph in all reports, documents, and signage developed under this
agreement:
“This project has been funded wholly or in part by the United States Environmental Protection Agency under an
assistance agreement to the Washington State Department of Ecology. The contents of this document do not
necessarily reflect the views and policies of the Environmental Protection Agency, nor does the mention of trade
names or commercial products constitute endorsement or recommendation for use.”
C. Load Reduction Reporting: The RECIPIENT shall complete the “Section 319 Annual Load Reduction Reporting”
form in EAGL by January 15 of each year and at project close-out. ECOLOGY may hold reimbursements until the
RECIPIENT has completed the form. This form is used to gather information on best management practices (BMPs)
installed and associated pollutant load reductions that were funded as a part of this project.
D. Time Extension: The RECIPIENT may request a one-time extension for up to 12 months. However, the time
extension cannot exceed the time limitation established in EPA’s assistance agreement. In the event a time extension
is requested and approved by ECOLOGY, the RECIPIENT must complete all eligible work performed under this
agreement by the expiration date.
SECTION 4: THE FOLLOWING CONDITIONS APPLY TO SECTION 319 AND STATE REVOLVING FUND
(SRF) LOAN FUNDED PROJECTS ONLY.
A. Accounting Standards: The RECIPIENT shall maintain accurate records and accounts for the project (PROJECT
Records) in accordance with Generally Accepted Accounting Principles (GAAP) as issued by the Governmental
Accounting Standards Board (GASB), including standards related to the reporting of infrastructure assets or in
accordance with the standards in Chapter 43.09.200 RCW “Local Government Accounting – Uniform System of
Accounting”.
B. Acquisitions: Section 319 and SRF Equivalency project RECIPIENTs shall 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.
C. Audit Requirements: In accordance with 2 CFR 200.501(a), the RECIPIENT agrees to obtain a single audit from
an independent auditor, if their organization expends $750,000 or more in total Federal funds in their fiscal year. The
RECIPIENT must submit the form SF-SAC and a Single Audit Report Package within 9 months of the end of the
fiscal year or 30 days after receiving the report from an independent auditor. The SF-SAC and a Single Audit Report
Package MUST be submitted using the Federal Audit Clearinghouse’s Internet Data Entry System available at:
https://harvester.census.gov/fac/collect/ddeindex.html. For complete information on how to accomplish the single
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Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
audit submission, go to the Federal Audit Clearinghouse Web site: http://harvester.census.gov/fac/.
D. Archaeological Resources and Historic Properties (Section 106): The RECIPIENT shall comply with the additional
requirements under section 106 of the National Historic Preservation Act (NHPA, 36 CFR 800).
E. Data Universal Numbering System (DUNS) and Central Contractor Registration (CCR) Requirements:
RECIPIENTs shall have a DUNS number. Unless exempted from this requirement under 2 CFR 25.110, the
RECIPIENT must ensure that their organization’s information in the System for Award Management (SAM),
https://www.sam.gov, is kept current through project closeout. This requires that the RECIPIENT reviews and updates
the information at least annually after the initial registration, and more frequently if information changes.
F. Disadvantaged Business Enterprise (DBE): General Compliance, 40 CFR, Part 33. The RECIPIENT agrees to
comply with the requirements of the Environmental Protection Agency’s Program for Utilization of Small, Minority,
and Women’s Business Enterprises (MBE/WBE) 40CFR, Part 33 in procurement under this agreement.
Six Good Faith Efforts, 40 CFR, Part 33, Subpart C. The RECIPIENT agrees to make the following good faith efforts
whenever procuring construction, equipment, services, and supplies under this agreement. Records documenting
compliance with the following six good faith efforts shall be retained:
1) Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent
practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government
RECIPIENTs, this shall include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them
whenever they are potential sources.
2) Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time
frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and
facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or
proposal closing date.
3) Consider, in the contracting process, whether firms competing for large contracts could subcontract with
Disadvantaged Business Enterprises. For Indian Tribal, State, and Local Government RECIPIENTs, this shall include
dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum
participation by Disadvantaged Business Enterprises in the competitive process.
4) Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for
one of these firms to handle individually.
5) Use services and assistance of the Small Business Administration and the Minority Business Development Agency
of the Department of Commerce.
6) If the prime contractor awards subcontracts, require the prime contractor to take the five good faith efforts steps in
paragraphs 1 through 5 above.
The RECIPIENT agrees to submit ECOLOGY’s Contractor Participation Report Form D with each payment request.
Contract Administration Provisions, 40 CFR, Section 33.302. The RECIPIENT agrees to comply with the contract
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WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
administration provisions of 40 CFR, Section 33.302.
Non-discrimination Provision. The RECIPIENT shall not discriminate on the basis of race, color, national origin or
sex in the performance of this agreement. The RECIPIENT shall carry out applicable requirements of 40 CFR Part 33
in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the
RECIPIENT to carry out these requirements is a material breach of this agreement which may result in the termination
of this contract or other legally available remedies.
This does not preclude the RECIPIENT from enacting broader nondiscrimination protections.
The RECIPIENT shall comply with all federal and state nondiscrimination laws, including but not limited to, Title VI
and VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education
Amendments of 1972, the Age Discrimination Act of 1975, and Chapter 49.60 RCW, Washington’s Law Against
Discrimination, and 42 U.S.C. 12101 et seq, the Americans with Disabilities Act (ADA).
In the event of the RECIPIENT’s noncompliance or refusal to comply with any applicable nondiscrimination law,
regulation, or policy, this agreement may be rescinded, canceled, or terminated in whole or in part and the
RECIPIENT may be declared ineligible for further funding from ECOLOGY. The RECIPIENT shall, however, be
given a reasonable time in which to cure this noncompliance.
The RECIPIENT shall include the following terms and conditions in contracts with all contractors, subcontractors,
engineers, vendors, and any other entity for work or services pertaining to this agreement.
“The Contractor will not discriminate on the basis of race, color, national origin or sex in the performance of this
Contract. The Contractor will carry out applicable requirements of 40 CFR Part 33 in the award and administration of
contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out
these requirements is a material breach of this Contract which may result in termination of this Contract or other
legally available remedies.”
Bidder List, 40 CFR, Section 33.501(b) and (c). The RECIPIENT agrees to create and maintain a bidders list. The
bidders list shall include the following information for all firms that bid or quote on prime contracts, or bid or quote
subcontracts, including both MBE/WBEs and non-MBE/WBEs.
1. Entity's name with point of contact
2. Entity's mailing address, telephone number, and e-mail address
3. The procurement on which the entity bid or quoted, and when
4. Entity's status as an MBE/WBE or non-MBE/WBE
G. Electronic and information Technology (EIT) Accessibility: RECIPIENTs shall ensure that loan funds provided
under this agreement for costs in the development or purchase of EIT systems or products provide individuals with
disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a
program, including those offered through electronic and information technology as per Section 504 of the
Rehabilitation Act, codified in 40 CFR Part 7. Systems or products funded under this agreement must be designed to
meet the diverse needs of users without barriers or diminished function or quality. Systems shall include usability
features or functions that accommodate the needs of persons with disabilities, including those who use assistive
technology.
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Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
H. Hotel-Motel Fire Safety Act: The RECIPIENT shall 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 (15 USC 2225a, PL 101-391, as amended). Recipients may search the
Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications/hotel/ to see if a property is in compliance,
or to find other information about the Act. Pursuant to 15 USC 2225a.
I. Trafficking In Persons: The RECIPIENT and RECIPIENT employees that are private entities shall not engage in
forms of trafficking in persons during the period of time this agreement is effective. This includes, but is not limited
to, the procurement of a commercial sex act or forced labor. The RECIPIENT shall notify ECOLOGY immediately of
any information received from any source alleging a violation under this provision.
SECTION 5: THE FOLLOWING CONDITIONS APPLY TO STATE REVOLVING FUND (SRF) LOAN FUNDED
PROJECTS ONLY.
The RECIPIENT must submit the following documents/forms to ECOLOGY before this agreement is signed by
ECOLOGY:
1. Financial Capability Assessment Documentation
2. Opinion of RECIPIENT’s Legal Council
3. Authorizing Ordinance or Resolution
4. Federal Funding Accountability and Transparency Act (FFATA) Form
5. CWSRF Federal Reporting Information form available in EAGL
6. Fiscal Sustainability Plan Certification Form (only required if the project includes construction of a wastewater or
stormwater facility construction)
7. Cost and Effectiveness Analysis Certification Form
A. Alteration and Eligibility of Project: During the term of this agreement, the RECIPIENT (1) shall not materially
alter the design or structural character of the project without the prior written approval of ECOLOGY and (2) shall
take no action which would adversely affect the eligibility of the project as defined by applicable funding program
rules and state statutes, or which would cause a violation of any covenant, condition, or provision herein.
B. American Iron and Steel (Buy American): This loan provision applies to projects for the construction, alteration,
maintenance, or repair of a “treatment works” as defined in the Federal Water Pollution Control Act (33 USC 1381 et
seq.) The RECIPIENT shall ensure that all iron and steel products used in the project are produced in the United
States. Iron and Steel products means the following products made primarily of iron or steel: lined or unlined pipes
and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves,
structural steel, reinforced precast concrete, and construction materials. The RECIPIENT may request waiver from
this requirement from the Administrator of the Environmental Protection Agency. The RECIPIENT must coordinate
all waiver requests through ECOLOGY. This provision does not apply if the engineering plans and specifications for
the project were approved by ECOLOGY prior to January 17, 2014. ECOLOGY reserves the right to request
documentation of RECIPIENT’S compliance with this provision.
C. Authority of RECIPIENT: This agreement is authorized by the Constitution and laws of the state of Washington,
including the RECIPIENT’s authority, and by the RECIPIENT pursuant to the authorizing ordinance or resolution.
The RECIPIENT shall submit a copy of the authorizing ordinance or resolution to the ECOLOGY Financial Manager
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WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
before this agreement shall be signed by ECOLOGY.
D. Equivalency Projects: (For designated equivalency projects only)
1. The RECIPIENT must procure architectural and engineering services in accordance with the federal requirements in
Chapter 11 of Title 40, U.S.C. (see
www.gpo.gov/fdsys/pkg/USCODE-2011-title40/pdf/USCODE-2011-title40-subtitleI-chap11.pdf).
E. Fiscal Sustainability Plan Certification: The RECIPIENT shall submit a completed Fiscal Sustainability Plan
Certification before this agreement is signed by ECOLOGY. The Fiscal Sustainability Plan Certification is available
from the ECOLOGY Financial Manager or on the Water Quality Program website.
F. Funding Recognition and Outreach: In addition to Section 2.F of these Terms and Conditions, the
RECIPIENT agrees to comply with the EPA SRF Signage Guidance in order to enhance public awareness of EPA
assistance agreements nationwide. The signage guidance can be found at:
http://www.ecy.wa.gov/programs/wq/funding/FundPrgms/CWSRF/SignageGuidanceJune2015.pdf.
G. Insurance: The RECIPIENT shall at all times carry fire and extended insurance coverage, public liability, and
property damage, and such other forms of insurance with responsible insurers and policies payable to the RECIPIENT
on such of the buildings, equipment, works, plants, facilities, and properties of the Utility as are ordinarily carried by
municipal or privately-owned utilities engaged in the operation of like systems, and against such claims for damages
as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like systems, or it shall
self-insure or participate in an insurance pool or pools with reserves adequate, in the reasonable judgment of the
RECIPIENT, to protect it against loss.
H. Litigation Authority: No litigation is now pending, or to the RECIPIENT’s knowledge, threatened, seeking to
restrain, or enjoin:
(i) the execution of this agreement; or
(ii) the fixing or collection of the revenues, rates, and charges or the formation of the ULID and the levy and
collection of ULID Assessments therein pledged to pay the principal of and interest on the loan (for revenue secured
lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the loan (for general
obligation-secured loans and general obligation payable from special-assessment-secured loans); or
(iv) in any manner questioning the proceedings and authority under which the agreement, the loan, or the project are
authorized. Neither the corporate existence, or boundaries of the RECIPIENT nor the title of its present officers to
their respective offices is being contested. No authority or proceeding for the execution of this agreement has been
repealed, revoked, or rescinded.
I. Loan Interest Rate and Terms: This loan agreement shall remain in effect until the date of final repayment of the
loan, unless terminated earlier according to the provisions herein.
When the Project Completion Date has occurred, ECOLOGY and the RECIPIENT shall execute an amendment to this
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Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
loan agreement which details the final loan amount (Final Loan Amount), and ECOLOGY shall prepare a final loan
repayment schedule. The Final Loan Amount shall be the combined total of actual disbursements made on the loan
and all accrued interest to the computation date.
The Estimated Loan Amount and the Final Loan Amount (in either case, as applicable, a “Loan Amount”) shall bear
interest based on the interest rate identified in this agreement as the “Effective Interest Rate,” per annum, calculated on
the basis of a 365 day year. Interest on the Estimated Loan Amount shall accrue from and be compounded monthly
based on the date that each payment is mailed to the RECIPIENT. The Final Loan Amount shall be repaid in equal
installments, semiannually, over the term of this loan “Loan Term” as outlined in this agreement.
J. Loan Repayment:
Sources of Loan Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the loan from the sources
identified below and to perform and observe all other agreements and obligations on its part, contained herein, shall be
absolute and unconditional, and shall not be subject to diminution by setoff, counterclaim, or abatement of any kind.
To secure the repayment of the loan from ECOLOGY, the RECIPIENT agrees to comply with all of the covenants,
agreements, and attachments contained herein.
2. For General Obligation. This loan is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This loan is a General Obligation Debt of the
RECIPIENT payable from special assessments to be imposed within the constitutional and statutory tax limitations
provided by law without a vote of the electors of the RECIPIENT on all of the taxable property within the boundaries
of the RECIPIENT.
4. For Revenue-Secured: Lien Position. This loan is a Revenue-Secured Debt of the RECIPIENT’s Utility. This loan
shall constitute a lien and charge upon the Net Revenue junior and subordinate to the lien and charge upon such Net
Revenue of any Senior Lien Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (ULID) Assessments, this loan shall
constitute a lien upon ULID Assessments in the ULID prior and superior to any other charges whatsoever.
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the loan from any funds legally available
to it.
6. Defeasance of the Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT shall not be entitled to, and
shall not affect, an economic Defeasance of the loan. The RECIPIENT shall not advance refund the loan.
If the RECIPIENT defeases or advance refunds the loan, it shall be required to use the proceeds thereof immediately
upon their receipt, together with other available RECIPIENT funds, to repay both of the following:
(i) The Loan Amount with interest
(ii) Any other obligations of the RECIPIENT to ECOLOGY under this agreement, unless in its sole discretion
ECOLOGY finds that repayment from those additional sources would not be in the public interest.
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WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
Failure to repay the Loan Amount plus interest within the time specified in ECOLOGY’s notice to make such
repayment shall incur Late Charges and shall be treated as a Loan Default.
7. Refinancing or Early Repayment of the Project. So long as ECOLOGY shall hold this loan, the RECIPIENT shall
give ECOLOGY thirty days written notice if the RECIPIENT intends to refinance or make early repayment of the
loan.
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this agreement, the first semiannual payment of
principal and interest on this loan shall be due and payable no later than one year after the project completion date or
initiation of operation date, whichever comes first.
Thereafter, equal payments shall be due every six months.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated holiday for Washington State
agencies, the payment shall be due on the next business day for Washington State agencies.
Payments shall be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with ECOLOGY’s Financial
Manager.
No change to the amount of the semiannual principal and interest payments shall be made without a mutually signed
amendment to this agreement. The RECIPIENT shall continue to make semiannual payments based on this agreement
until the amendment is effective, at which time the RECIPIENT’s payments shall be made pursuant to the amended
agreement.
2. Late Charges. If any amount of the Final Loan Amount or any other amount owed to ECOLOGY pursuant to this
agreement remains unpaid after it becomes due and payable, ECOLOGY may assess a late charge. The late charge
shall be one percent per month on the past due amount starting on the date the debt becomes past due and until it is
paid in full.
3. Repayment Limitations. Repayment of the loan is subject to the following additional limitations, among others:
those on defeasance, refinancing and advance refunding, termination, and default and recovery of payments.
4. Prepayment of Loan. So long as ECOLOGY shall hold this loan, the RECIPIENT may prepay the entire unpaid
principal balance of and accrued interest on the loan or any portion of the remaining unpaid principal balance of the
Loan Amount. Any prepayments on the loan shall be applied first to any accrued interest due and then to the
outstanding principal balance of the Loan Amount. If the RECIPIENT elects to prepay the entire remaining unpaid
balance and accrued interest, the RECIPIENT shall first contact ECOLOGY’s Revenue/Receivable Manager of the
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
Fiscal Office.
K. Loan Security
Due Regard: For loans secured with a Revenue Obligation: The RECIPIENT shall exercise due regard for
Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations and any other
outstanding obligations pledging the Gross Revenue of the Utility, and it has not obligated itself to set aside and pay
into the loan Fund a greater amount of the Gross Revenue of the Utility than, in its judgment, shall be available over
and above such Maintenance and Operation Expense and those debt service requirements.
Where collecting adequate gross utility revenue requires connecting additional users, the RECIPIENT shall require the
sewer system connections necessary to meet debt obligations and expected operation and maintenance expenses.
Levy and Collection of Taxes (if used to secure the repayment of the loan): For so long as the loan is outstanding, the
RECIPIENT irrevocably pledges to include in its budget and levy taxes annually within the constitutional and statutory
tax limitations provided by law without a vote of its electors on all of the taxable property within the boundaries of the
RECIPIENT in an amount sufficient, together with other money legally available and to be used therefore, to pay
when due the principal of and interest on the loan, and the full faith, credit and resources of the RECIPIENT are
pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and
interest.
Not an Excess Indebtedness: For loans secured with a general obligation pledge or a general obligation pledge on
special assessments: The RECIPIENT agrees that this agreement and the loan to be made do not create an
indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations.
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of this loan): For so long
as the loan is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the Utility, including applicable
ULID Assessments in the ULID, to pay when due the principal of and interest on the loan.
Utility Local Improvement District (ULID) Assessment Collection (if used to secure the repayment of the loan): All
ULID Assessments in the ULID shall be paid into the Loan Fund and used to pay the principal of and interest on the
loan.
L. Maintenance and Operation of a Funded Utility: The RECIPIENT shall, at all times, maintain and keep the funded
Utility in good repair, working order, and condition.
M. Opinion of RECIPIENT’s Legal Counsel: The RECIPIENT must submit an “Opinion of Legal Counsel to the
RECIPIENT” to ECOLOGY before this agreement will be signed. ECOLOGY will provide the form.
N. Prevailing Wage (Davis-Bacon Act): The RECIPIENT agrees, by signing this agreement, to comply with the
Davis-Bacon Act prevailing wage requirements. This applies to the construction, alteration, and repair of treatment
works carried out, in whole or in part, with assistance made available by the State Revolving Fund as authorized by
Section 513, title VI of the Federal Water Pollution Control Act (33 U.S.C. 1372). Laborers and mechanics employed
by contractors and subcontractors shall be paid wages not less often than once a week and at rates not less than those
prevailing on projects of a character similar in the locality as determined by the Secretary of Labor.
The RECIPIENT shall obtain the wage determination for the area in which the project is located prior to issuing
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation). These wage determinations
shall be incorporated into solicitations and any subsequent contracts. The RECIPIENT shall ensure that the required
EPA contract language regarding Davis-Bacon Wages is in all contracts and sub contracts in excess of $2,000. The
RECIPIENT shall maintain records sufficient to document compliance with the Davis-Bacon Act, and make such
records available for review upon request.
The RECIPIENT also agrees, by signing this agreement, to comply with State Prevailing Wages on Public Works,
Chapter 39.12 RCW, as applicable. Compliance may include the determination whether the project involves “public
work” and inclusion of the applicable prevailing wage rates in the bid specifications and contracts. The RECIPIENT
agrees to maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and make such records
available for review upon request.
O. Progress Reports: RECIPIENTS funded with State Revolving Fund Loan or Forgivable Principal shall include the
following verification statement in the “General Comments” text box of each progress report.
“We verify that we are in compliance with all the requirements as outlined in our funding agreement(s) with the
Department of Ecology. This includes but is not limited to:
- The Davis-Bacon Act, 29 CFR (If applicable)
- Washington State Prevailing Wage Rate, Chapter 39.12 RCW (Pertaining to all recipients)
- The Disadvantaged Business Enterprise (DBE), 40 CFR, Part 33”
P. Representations and Warranties: The RECIPIENT represents and warrants to ECOLOGY as follows:
Application: Material Information. All information and materials submitted by the RECIPIENT to ECOLOGY in
connection with its loan application were, when made, and are, as of the date the RECIPIENT signs this agreement,
true and correct. There is no material adverse information relating to the RECIPIENT, the project, the loan, or this
agreement known to the RECIPIENT, which has not been disclosed in writing to ECOLOGY.
Existence; Authority. It is a duly formed and legally existing municipal corporation or political subdivision of the
state of Washington or a federally recognized Indian Tribe. It has full corporate power and authority to execute,
deliver, and perform all of its obligations under this agreement and to undertake the project identified herein.
Certification. Each payment request shall constitute a certification by the RECIPIENT to the effect that all
representations and warranties made in this loan agreement remain true as of the date of the request and that no
adverse developments, affecting the financial condition of the RECIPIENT or its ability to complete the project or to
repay the principal of or interest on the loan, have occurred since the date of this loan agreement. Any changes in the
RECIPIENT’s financial condition shall be disclosed in writing to ECOLOGY by the RECIPIENT in its request for
payment.
Q. Sale or Disposition of Funded Utility: The RECIPIENT shall not sell, transfer, or otherwise dispose of any of the
works, plant, properties, facilities, or other part of the funded Utility or any real or personal property comprising a part
of the funded Utility unless:
1. The facilities or property transferred are not material to the operation of the funded Utility, or have become
unserviceable, inadequate, obsolete, or unfit to be used in the operation of the funded Utility or are no longer
necessary, material, or useful to the operation of the funded Utility; or
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
2. The aggregate depreciated cost value of the facilities or property being transferred in any fiscal year comprises no
more than three percent of the total assets of the funded Utility; or
3. The RECIPIENT receives from the transferee an amount equal to an amount which will be in the same proportion
to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the total amount outstanding
less the amount of cash and investments in the bond and loan funds securing such debt) as the Gross Revenue of the
funded Utility from the portion of the funded Utility sold or disposed of for the preceding year bears to the total Gross
Revenue for that period.
4. Expressed written agreement by the DEPARTMENT.
The proceeds of any transfer under this paragraph must be used (1) to redeem promptly, or irrevocably set aside for the
redemption of, Senior Lien Obligations and to redeem promptly the loan, and (2) to provide for part of the cost of
additions to and betterments and extensions of the Utility.
R. Sewer-Use Ordinance or Resolution for Funded Wastewater Facility Projects: If not already in existence, the
RECIPIENT shall adopt and shall enforce a sewer-use ordinance or resolution. Such ordinance or resolution shall be
submitted to ECOLOGY upon request.
The sewer use ordinance must include provisions to:
1) Prohibit the introduction of toxic or hazardous wastes into the RECIPIENT’s sewer system.
2) Prohibit inflow of stormwater into separated sewer systems.
3) Require that new sewers and connections be properly designed and constructed.
S. Termination and Default:
Termination and Default Events
1. For Insufficient ECOLOGY or RECIPIENT Funds. ECOLOGY may terminate this loan agreement for insufficient
ECOLOGY or RECIPIENT funds.
2. For Failure to Commence Work. ECOLOGY may terminate this loan agreement for failure of the RECIPIENT to
commence project work.
3. Past Due Payments. The RECIPIENT shall be in default of its obligations under this loan agreement when any loan
repayment becomes 60 days past due.
4. Other Cause. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance in full
by the RECIPIENT of all of its obligations under this loan agreement. The RECIPIENT shall be in default of its
obligations under this loan agreement if, in the opinion of ECOLOGY, the RECIPIENT has unjustifiably failed to
perform any obligation required of it by this loan agreement.
Procedures for Termination. If this loan agreement is terminated prior to project completion, ECOLOGY shall provide
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
to the RECIPIENT a written notice of termination at least five working days prior to the effective date of termination
(the “Termination Date”). The written notice of termination by the ECOLOGY shall specify the Termination Date
and, when applicable, the date by which the RECIPIENT must repay any outstanding balance of the loan and all
accrued interest (the “Termination Payment Date”).
Termination and Default Remedies
No Further Payments. On and after the Termination Date, or in the event of a default event, ECOLOGY may, at its
sole discretion, withdraw the loan and make no further payments under this agreement.
Repayment Demand. In response to an ECOLOGY initiated termination event, or in response to a loan default event,
ECOLOGY may at its sole discretion demand that the RECIPIENT repay the outstanding balance of the Loan Amount
and all accrued interest.
Interest after Repayment Demand. From the time that ECOLOGY demands repayment of funds, amounts owed by the
RECIPIENT to ECOLOGY shall accrue additional interest at the rate of one percent per month, or fraction thereof.
Accelerate Repayments. In the event of a default, ECOLOGY may, in its sole discretion, declare the principal of and
interest on the loan immediately due and payable, subject to the prior lien and charge of any outstanding Senior Lien
Obligation upon the Net Revenue. That is, the loan is not subject to acceleration so long as any Senior Lien
Obligations are outstanding. Repayments not made immediately upon such acceleration will incur Late Charges.
Late Charges. All amounts due to ECOLOGY and not paid by the RECIPIENT by the Termination Payment Date or
after acceleration following a default event, as applicable, shall incur late charges.
Intercept State Funds. In the event of a default event and in accordance with Chapter 90.50A.060 RCW, “Defaults,”
any state funds otherwise due to the RECIPIENT may, at ECOLOGY’s sole discretion, be withheld and applied to the
repayment of the loan.
Property to ECOLOGY. In the event of a default event and at the option of ECOLOGY, any personal property
(equipment) acquired under this agreement may, in ECOLOGY’s sole discretion, become ECOLOGY’s property. In
that circumstance, ECOLOGY shall reduce the RECIPIENT’s liability to repay money by an amount reflecting the fair
value of such property.
Documents and Materials. If this agreement is terminated, all finished or unfinished documents, data studies, surveys,
drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT shall, at the option
of ECOLOGY, become ECOLOGY property. The RECIPIENT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials.
Collection and Enforcement Actions. In the event of a default event, the state of Washington reserves the right to take
any actions it deems necessary to collect the amounts due, or to become due, or to enforce the performance and
observance of any obligation by the RECIPIENT, under this agreement.
Fees and Expenses. In any action to enforce the provisions of this agreement, reasonable fees and expenses of
attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of legal staff)
shall be awarded to the prevailing party as that term is defined in Chapter 4.84.330 RCW.
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
Damages. Notwithstanding ECOLOGY’s exercise of any or all of the termination or default remedies provided in this
agreement, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY
and/or the state of Washington because of any breach of this agreement by the RECIPIENT. ECOLOGY may
withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the
RECIPIENT is determined.
T. User-Charge System for Funded Utilities: The RECIPIENT certifies that it has the legal authority to establish and
implement a user-charge system and shall adopt a system of user-charges to assure that each user of the funded utility
shall pay its proportionate share of the cost of operation and maintenance, including replacement during the design life
of the project. The user-charge system will include provisions for a connection charge.
In addition, the RECIPIENT shall regularly evaluate the user-charge system, at least annually, to ensure the system
provides adequate revenues necessary to operate and maintain the funded utility, to establish reserves to pay for
replacement, and to repay the loan.
GENERAL FEDERAL CONDITIONS
If a portion or all of the funds for this agreement are provided through federal funding sources or this
agreement is used to match a federal grant award, the following terms and conditions apply to you.
A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION:
1.The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred,
proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is
unable to certify to the statements contained in the certification, they must provide an explanation as to why they
cannot.
2.The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the
RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become
erroneous by reason of changed circumstances.
3.The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant,
person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have
the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549.
You may contact ECOLOGY for assistance in obtaining a copy of those regulations.
4.The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction
with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred,
suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction.
5.The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled
“CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY
EXCLUSION” without modification in all lower tier covered transactions and in all solicitations for lower tier
covered transactions.
6.Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier
covered transaction complies with certification of suspension and debarment requirements.
7.RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of
Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal
remedies, including suspension and debarment.
8.RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or
contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in
<http://www.sam.gov> and print a copy of completed searches to document proof of compliance.
B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING
REQUIREMENTS:
CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it
with the signed agreement to ECOLOGY.
Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five
top executives using the FFATA Data Collection Form.
·Receives more than $25,000 in federal funds under this award.
·Receives more than 80 percent of its annual gross revenues from federal funds.
·Receives more than $25,000,000 in annual federal funds.
Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form.
Ecology is required to report the FFATA information for federally funded agreements, including the required
DUNS number, at www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA
information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>.
For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>.
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
GENERAL TERMS AND CONDITIONS
Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology
GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/22/2018 VERSION
1.ADMINISTRATIVE REQUIREMENTS
a)RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans – EAGL
Edition." (https://fortress.wa.gov/ecy/publications/SummaryPages/1701004.html)
b)RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper
management of all funds and resources made available under this Agreement.
c)RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring
all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right
to request proof of compliance by subgrantees and contractors.
d)RECIPIENT’s activities under this Agreement shall be subject to the review and approval by ECOLOGY for the
extent and character of all work and services.
2.AMENDMENTS AND MODIFICATIONS
This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No
subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and
signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff
contacts and administrative information without the concurrence of either party.
3.ARCHAEOLOGICAL AND CULTURAL RESOURCES
RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic
resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to
historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT’s project funded under this
Agreement.
RECIPIENT shall:
a)Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their
project:
•For capital construction projects or land acquisitions for capital construction projects, if required, comply with
Governor Executive Order 05-05, Archaeology and Cultural Resources.
•For projects with any federal involvement, if required, comply with the National Historic Preservation Act.
•Any cultural resources federal or state requirements must be completed prior to the start of any work on the project
site.
b)If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to
implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form.
RECIPIENT shall:
•Keep the IDP at the project site.
•Make the IDP readily available to anyone working at the project site.
•Discuss the IDP with staff and contractors working at the project site.
•Implement the IDP when cultural resources or human remains are found at the project site.
c)If any archeological or historic resources are found while conducting work under this Agreement:
•Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic
Preservation at (360) 586-3064, any affected Tribe, and the local government.
d)If any human remains are found while conducting work under this Agreement:
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
•Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner’s Office, and
then the ECOLOGY Program.
e)Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal
laws protecting cultural resources and human remains.
4.ASSIGNMENT
No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT.
5.COMMUNICATION
RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees,
ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups.
6.COMPENSATION
a)Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the
RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted.
b)Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement.
c)RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified
with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to
expenditure.
d)RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY.
e)ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and
supporting documentation. ECOLOGY will provide instructions for submitting payment requests.
f)ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment.
g)RECIPIENT will receive payment through Washington State Department of Enterprise Services’ Statewide Payee
Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form
at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For
any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email
payeehelpdesk@watech.wa.gov.
h)ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to
satisfactorily comply with any term or condition of this Agreement.
i)Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion
thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to
this Agreement, as appropriate, or upon completion of an audit as specified herein.
j)RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial,
performance, and other reports required by this agreement. Failure to comply may result in delayed reimbursement.
7.COMPLIANCE WITH ALL LAWS
RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits
related to this Agreement, including but not limited to:
a)RECIPIENT 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.
b)RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against
discrimination.
c)RECIPIENT certifies full compliance with all applicable state industrial insurance requirements.
d)RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits
required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project
timeline for the permit and approval processes.
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the
RECIPIENT fails to comply with above requirements.
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered
modified to conform to that statute or rule of law.
8.CONFLICT OF INTEREST
RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or
responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial
interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part,
in this Agreement or the proceeds thereof.
9.CONTRACTING FOR GOODS AND SERVICES
RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall
award all contracts for construction, purchase of goods, equipment, services, and professional architectural and
engineering services through a competitive process, if required by State law. RECIPIENT is required to follow
procurement procedures that ensure legal, fair, and open competition.
RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT
may be required to provide written certification that they have followed their standard procurement procedures and
applicable state law in awarding contracts under this Agreement.
ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement
practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with
state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY’s sole discretion.
10.DISPUTES
When there is a dispute with regard to the extent and character of the work, or any other matter related to this
Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal
decisions as provided for below:
a)RECIPIENT notifies the funding program of an appeal request.
b)Appeal request must be in writing and state the disputed issue(s).
c)RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal.
d)ECOLOGY reviews the RECIPIENT’s appeal.
e)ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the
review.
The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of
such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or
duly authorized representative will be final and conclusive.
The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal.
Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director’s
decision will not be taken to Environmental and Land Use Hearings Office.
Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this
Agreement and in accordance with the decision rendered.
Nothing in this Agreement will be construed to limit the parties’ choice of another mutually acceptable method, in
addition to the dispute resolution procedure outlined above.
11.ENVIRONMENTAL DATA STANDARDS
a)RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses
environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall:
•Use ECOLOGY’s QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance
(QA) officer or the Program QA coordinator instructs otherwise.
•Follow ECOLOGY’s Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July
2004 (Ecology Publication No. 04-03-030).
•Submit the QAPP to ECOLOGY for review and approval before the start of the work.
b)RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the
Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The
RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find
instructions at: http://www.ecy.wa.gov/eim.
c)RECIPIENT shall follow ECOLOGY’s data standards when Geographic Information System (GIS) data is collected
and processed. Guidelines for Creating and Accessing GIS Data are available at:
https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT,
when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables,
raw data collection files, map products, and all metadata and project documentation.
12.GOVERNING LAW
This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought
hereunder will be in the Superior Court of Thurston County.
13.INDEMNIFICATION
ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the
project described herein, except as provided in the Scope of Work.
To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the
other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act
or omission of that party or that party's agents or employees arising out of this Agreement.
14.INDEPENDENT STATUS
The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue
to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of
the other party.
15.KICKBACKS
RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement
to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift
in return for award of a subcontract hereunder.
16.MINORITY AND WOMEN’S BUSINESS ENTERPRISES (MWBE)
RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and
women-owned (WBE) businesses in purchases and contracts initiated under this Agreement.
Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged
to take the following actions, when possible, in any procurement under this Agreement:
a)Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods
or services.
b)Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum
participation by qualified minority and women's businesses.
c)Establish delivery schedules, where work requirements permit, which will encourage participation of qualified
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Page 39 of 43State of Washington Department of Ecology
Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
minority and women's businesses.
d)Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises
(OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as
appropriate.
17.ORDER OF PRECEDENCE
In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved
by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The
Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by
reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the
General Terms and Conditions.
18.PRESENTATION AND PROMOTIONAL MATERIALS
ECOLOGY reserves the right to approve RECIPIENT’s communication documents and materials related to the
fulfillment of this Agreement:
a)If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days
prior to production and distribution.
b)RECIPIENT shall include time for ECOLOGY’s review and approval process in their project timeline.
c)If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible
products developed.
Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets,
videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator
magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to
provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best
represents the item.
Any communications intended for public distribution that uses ECOLOGY’s logo shall comply with ECOLOGY’s
graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY’s
logo contact ECOLOGY for guidelines.
RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY.
19.PROGRESS REPORTING
a)RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress
reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does
not document timely use of funds.
b)RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed
without a progress report. ECOLOGY will define the elements and frequency of progress reports.
c)RECIPIENT shall use ECOLOGY’s provided progress report format.
d)Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1
through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after
the end of the quarter being reported.
e)RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been
approved by ECOLOGY, all financial, performance, and other reports required by the agreement and funding program
guidelines. RECIPIENT shall use the ECOLOGY provided closeout report format.
20.PROPERTY RIGHTS
a)Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable
property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free,
nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
authorize others to use the same for federal, state, or local government purposes.
b)Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY
information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports,
maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY.
c)Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic
materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall
acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials.
d)Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology
Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part
with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary,
or upon specific instructions with respect thereto in this Agreement.
e)Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the
RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by
ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall
be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property.
f)Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds
for the acquisition of land or facilities:
1.RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in
this Agreement.
2.RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to
disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens
certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim
which would impair the uses intended by this Agreement.
g)Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any
equipment, property, or facility acquired or developed under this Agreement to uses other than those for which
assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned
upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance
which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such
property.
21.RECORDS, AUDITS, AND INSPECTIONS
RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any
engineering documentation and field inspection reports of all construction work accomplished.
All records shall:
a)Be kept in a manner which provides an audit trail for all expenditures.
b)Be kept in a common file to facilitate audits and inspections.
c)Clearly indicate total receipts and expenditures related to this Agreement.
d)Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of
Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute
resolution hereunder.
RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify
discrepancies in the records.
ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state
has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be
enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination.
All work performed under this Agreement and any property and equipment purchased shall be made available to
ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of
Version 10/30/2015
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder.
RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times,
in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement.
22.RECOVERY OF FUNDS
The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory
performance of this Agreement and completion of the work described in the Scope of Work.
All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s)
or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT.
RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this
Agreement.
RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments
within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the
time ECOLOGY demands repayment of funds.
Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the
RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property.
23.SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid,
such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid
provision, and to this end the provisions of this Agreement are declared to be severable.
24.STATE ENVIRONMENTAL POLICY ACT (SEPA)
RECIPIENT must demonstrate to ECOLOGY’s satisfaction that compliance with the requirements of the State
Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any
reimbursements are subject to this provision.
25.SUSPENSION
When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or
any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall
resume performance on the next business day following the suspension period unless another day is specified by
ECOLOGY.
26.SUSTAINABLE PRACTICES
In order to sustain Washington’s natural resources and ecosystems, the RECIPIENT is fully encouraged to implement
sustainable practices and to purchase environmentally preferable products under this Agreement.
a)Sustainable practices may include such activities as: use of clean energy, use of double-sided printing, hosting low
impact meetings, and setting up recycling and composting programs.
b)Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers
and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products
with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post-consumer
recycled paper.
For more suggestions visit ECOLOGY’s web page: Green Purchasing, ,
https://ecology.wa.gov/Regulations-Permits/Guidance-technical-assistance/Sustainable-purchasing.
27.TERMINATION
a)For Cause
ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material
breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance
rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to
commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date
mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work.
Non-Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the
RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the
opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any
further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement.
Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by
ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY
may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from
the RECIPIENT is determined.
b)For Convenience
ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best
interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted
below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in
accordance with the terms of this Agreement prior to the effective date of termination.
Non-Allocation of Funds. ECOLOGY’s ability to make payments is contingent on availability of funding. In the event
funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and
prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions.
ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding
insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although
ECOLOGY will make a reasonable attempt to provide notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor
through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the
recipient/contractor. In no event shall ECOLOGY’s reimbursement exceed ECOLOGY’s total responsibility under the
agreement and any amendments.
If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to
repay monies which had been paid to the RECIPIENT prior to such termination.
RECIPIENT’s obligation to continue or complete the work described in this Agreement shall be contingent upon
availability of funds by the RECIPIENT's governing body.
c)By Mutual Agreement
ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written
agreement.
d)In Event of Termination
All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other
materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of
ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work
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Agreement No:
Project Title:
Recipient Name:
WQC-2018-BremPW-00117
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
The City of Bremerton Public Works
completed on such documents and other materials.
Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in
accordance with Recovery of Funds, identified herein.
28.THIRD PARTY BENEFICIARY
RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state
of Washington is named as an express third party beneficiary of such subcontracts with full rights as such.
29.WAIVER
Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach,
and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the
authorized representative of ECOLOGY.
Version 10/30/2015
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Amendment No. 8 to the
Professional Services Agreement with Willis
of Seattle, Inc. for Insurance Broker Services
Study Session Date: January 23, 2019
COUNCIL MEETING Date: February 6, 2019
Department: City Attorney’s Office -
Risk Management
Presenter: Melisa Vaal Folmer
Phone: (360) 473-5302
SUMMARY: The City entered into contract with Willis of Seattle, Inc. for insurance broker services in
2003. From 2003 to 2018, Willis of Seattle has extended its agreement with the City without any rate
increase. The proposed amendment extends the agreement for one year at the rate of $37,500.
ATTACHMENTS:
1. Proposed Amendment No. 8 to Professional Services Agreement; and
2. Professional Services Agreement with Amendments No. 1 through 6
FISCAL IMPACTS (Include Budgeted Amount): The Risk Management Fund has adequate funds
budgeted to pay for the services contemplated.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve Amendment No. 8 to the Professional Services
Agreement with Willis of Seattle, Inc. for insurance broker services at the rate of $37,500; 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
6A
Page 1
AMENDMENT NO. 8 TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC.
THIS AMENDMENT No. 8 to Professional Services Agreement is entered into between
the City of Bremerton and Willis of Seattle, Inc., referred to collectively as the “Parties,” for
broker services.
WHEREAS, the current Professional Services Agreement entered into between the
parties on March 1, 2003, as subsequently amended, (hereinafter “Agreement”) expires
February 28, 2019; and
WHEREAS, the Parties desire to extend the current term of the Agreement for another
one year term and to make other related changes;
NOW THEREFORE, for and in consideration of the mutual agreement contained
herein, the parties do hereby agree to amend the Agreement relating to term, compensation and
other related provisions as follows:
1. The term of the Agreement is extended for an additional one year term beginning March
1, 2019 and expiring February 29, 2020.
2. The City of Bremerton shall pay Willis of Seattle, Inc. $37,500 per year, for the services
detailed in Exhibit A of the Professional Services Agreement and rendered during this
extension period.
3. Willis of Seattle shall maintain the business records required in Section VII of the
Professional Services Agreement for a minimum of seven (7) years subsequent to March
1, 2020.
4. All other terms of the Agreement as amended shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment No. 8 as of
the date and year written below.
Signatures on next page.
Page 2
WILLIS OF SEATTLE, INC.
By: LINDSAY CUNNINGHAM,
Executive Vice President
Corporate Risk and Broking Market Leader –
Pacific Northwest
DATE:
CITY OF BREMERTON
GREG WHEELER, Mayor
DATE:
ATTEST:
ANGELA WOODS, City Clerk
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
R:\Legal\Legal\Contracts\RISK\Willis of Seattle\Willis of Seattle - amend.8 - Final.doc
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Federal Transportation Grant
and Local Agency Agreement with WSDOT
for the Kitsap Way (SR310) and Warren
Avenue (SR303) Traffic Signal and
Multimodal Safety Project
Study Session Date: January 23, 2019
COUNCIL MEETING Date: February 6, 2019
Department: Engineering
Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY: In 2018, the City applied for two grants from the Highway Safety Improvement
Program; one to improve the bike lanes along Kitsap Way, and a second to improve traffic signals on
State Route 303. The City has been offered funds for both projects, and for simplicity the scope and
budget from both projects has been collapsed into a single grant. The cost of the Kitsap Way Bike
Lanes project is estimated at $1,911,000, and requires a $59,000 match; the cost of the SR303
Traffic Signal Improvement project is estimated at $690,400, and requires a $27,600 match. Staff
intend to expedite the work to meet construction obligation by April 30, 2021 which will avoid a 10%
match on the construction phase. The offered grant will be in WSDOT Standard Forms, with their
standard terms and conditions.
ATTACHMENTS: 1) Award letter from WSDOT; 2) Site Plans; 3) Local Agency Agreement (blank)
FISCAL IMPACTS (Include Budgeted Amount): Total project cost is estimated at $2,601,400; total
grant funds offered is $2,514,800, and the City’s cost is $86,600. Match source is projected as
REET; this project is listed in 2020 on the REET 5-year projection.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to accept Federal Transportation Grant; and approve the Local Agency Agreement with
WSDOT for the Kitsap Way (SR310) and Warren Avenue (SR303) Traffic Signal and Multimodal
Safety Project; 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
6B
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: US Surface Transportation
Program Grant; and Local Agency
Agreement with WSDOT for the 6th Street
Preservation Phase 2 Project
Study Session Date: January 23, 2019
COUNCIL MEETING Date: February 6, 2019
Department: Engineering
Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY: The City has been offered a United States Surface Transportation Program (STP)
Grant through the Puget Sound Regional Council (PSRC) to construct a grind and overlay of 6th
Street between Warren Avenue and Pacific Avenue, including a new traffic signal and ADA ramps at
the intersection of 6th Street and Park Avenue. The grant funds total $877,873, and require a City
match of $147,127. The offered grant will be in WSDOT Standard Forms, with their standard terms
and conditions. Additional project work that is not grant funded includes securing right of way at the
intersection of Park Avenue and 6th Street for the curb ramps and signal. This work is currently
estimated at $40,000.
ATTACHMENTS: 1) Award letter from PSRC identifying the grant award; 2) Site Plan; 3) Local
Agency Agreement (blank)
FISCAL IMPACTS (Include Budgeted Amount): Total project cost is estimated at $1,065,000.
Current match estimated is $187,127. Match source is projected as REET; this project is listed in
2019 and 2020 on the REET 5-year projection.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to accept U.S. Surface Transportation Program Grant; and approve the Local Agency
Agreement with WSDOT for the 6th Street Preservation Phase 2 Project; 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
6C
Council District 1
Pat Sullivan
Council District 3
Kevin Gorman
Council District 4
Lori Wheat
Council District 6
Richard Huddy