HomeMy WebLinkAbout09/25/2019 STUDY SESSION PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
* * * A M E N D E D * * *
SEPTEMBER 25, 2019
CITY COUNCIL STUDY SESSION
5:00 PM in COUNCIL CONFERENCE ROOM 603
The Study Session is open to the public, and except for Items A4, A5, and C, there will be no opportunities for
input or participation; no action is anticipated; and the content of these items is subject to change. If approved by
the Council, the remaining items will be placed on the October 2, 2019 City Council Meeting Agenda…
A.BRIEFINGS ON AGENDA ITEMS
1.Proposed Public Hearing for the 2019 Edward Byrne Memorial Justice Assistance Grant
(JAG)
2.Award of Public Works Agreement to Tercom Construction, Inc. for Installation of Conduit for
Fiber Optic Cable at Gold Mountain Golf Club
3.Interlocal Agreement with the Kitsap Conservation District for the Rain Garden & Low Impact
Development (LID) Project
4.Award of Public Works Agreement to Vet Industrial for the SR-304 Gateway Median
Landscape Project Action is anticipated…
5.Sole Source Procurement for the Repair/Rebuild of the CS21-4 Centrisys Centrifuge &
Backdrive by Centrisys Centrifuge Systems Action is anticipated...
6.Ordinance imposing a Local Sales and Use Tax for Affordable and Supportive Housing in
accordance with Substitute House Bill 1406
7.Ordinance amending Section 2.03.010 of the Bremerton Municipal Code relating to the
Mayor’s Compensation
8.Substantial Amendment to the 2018 Community Development Block Grant Annual Action
Plan Information only...
B.GENERAL COUNCIL BUSINESS
o Public Works Committee Briefing (09/17/19 Meeting) – Chair Kevin Gorman
o Other General Council Business
C.EXECUTIVE SESSION Item pulled…
o 15-Minutes to discuss "Potential Litigation" as allowed under RCW 42.30.110(1)(i)
Action is anticipated...
C.ADJOURNMENT OF STUDY SESSION
Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: September 25, 2019
Public Hearing for the 2019 Edward Byrne
Memorial Justice Assistance Grant (JAG)
COUNCIL MEETING Date: October 2, 2019
Department: Police
Presenter: Captain Tom Wolfe
Phone: (360) 473-5225
SUMMARY:
The Bremerton Police Department is applying for the local solicitation of the Edward Byrne Memorial
Justice Assistance Grant (JAG). Since 2010, funding has been used to help fund the salary for the
position of the Community Resource Specialist. The grant will allow the City to continue the
Community Resource Unit and its crime prevention function and programs. The grant is from the
Department of Justice. No matching funds are required of the City. The total grant amount is
$20,200.
ATTACHMENTS:
2019 Edward Byrne Memorial Justice Assistance Grant Application
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing
RECOMMENDED MOTION:
Move to approve the application for the 2019 Edward Byrne Memorial Justice Assistance Grant; and
if the grant is awarded to the City, authorize the Mayor to execute the grant agreement.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Award of Public Works
Agreement to Tercom Construction, Inc. for
Installation of Conduit for Fiber Optic Cable
at Gold Mountain Golf Club
Study Session Date: September 25, 2019
COUNCIL MEETING Date: October 2, 2019
Department: Parks & Recreation
Presenter: Jeff Elevado
Phone: (360) 473-5428
SUMMARY: The current DSL connection used for internet access at the Gold Mountain Golf Club is
not able to provide the bandwith and stability required for business operations at the facility.
Instability and slow transfer rates have compromised the Point of Sale systems and directly affected
the staff’s ability to conduct business. The solution proposed by the City’s Information Technology
Department is to connect to the available fiber optic network at the entrance along the West Belfair
Valley Road. This connection requires installation of approximately 2,300 feet of buried conduit to
carry the fiber optic cable to the clubhouse. Proposals were solicited from vendors on the MSRC
Small Work Roster. The City received proposals from three vendors. Tercom Construction, Inc. was
the lowest responsive bidder with a proposal of $32,591.00 (WSST included).
ATTACHMENTS: 1) Public Works Agreement; 2) Tercom Construction, Inc. Proposal
FISCAL IMPACTS (Include Budgeted Amount): Funds for this contract are available in the Golf
Capital Reserve Fund.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to Award the Public Works Agreement to Tercom Construction, Inc. for Installation of Conduit
for Fiber Optic Cable at Gold Mountain Golf Club in the amount of $32,591.00 (WSST included); 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
A2
PUBLIC WORKS AGREEMENT – Page 1 of 8
(between City of Bremerton and Tercom Construction, Inc.)
PUBLIC WORKS AGREEMENT
THIS AGREEMENT is entered into between the City of Bremerton, a Washington
Municipal Corporation (“City”), and Tercom Construction, Inc. (“Contractor”), whose mailing
address is P.O. Box 44623, Tacoma WA, 98448.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City: All labor and materials required to trench, install and backfill
approximately 2,232 feet of 2” PVC conduit to be used for the installation of fiber optic cable as
identified in the Scope of Work attached as Attachment A.
2. TIME OF COMPLETION. Contractor shall complete the work within 45
calendar days from the date of issuance of the City’s Notice to Proceed.
3. COMPENSATION. The City shall pay the Contractor the total amount of
$29,900.00, plus any applicable Washington State Sales Tax, for the work and services
contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the
Contract amount upon completion and acceptance of the work by the City, and the remainder
upon fulfillment of the conditions listed below and throughout this agreement.
A. No Performance Bond. Because this contract including applicable sales
tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the
Contractor, in lieu of providing the City a performance bond, has elected
to have the City retain the final ten percent (10%) of the Contract amount
for a period of thirty (30) days after the date of final acceptance, or until
receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor & Industries and until settlement of any
liens filed under Chapter 60.28 RCW, whichever is later.
B. Defective or Unauthorized Work. The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work.
Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this agreement; and
extra work and materials furnished without the City’s written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion
of the work, the City may complete the work by contract or otherwise, and
Contractor shall be liable to the City for any additional costs incurred by
the City. “Additional costs” shall mean all reasonable costs, including
legal costs and attorney fees, incurred by the City beyond the maximum
Contract price specified above. The City further reserves its right to
deduct the cost to complete the Contract work, including any Additional
Costs, from any and all amounts due or to become due the Contractor.
PUBLIC WORKS AGREEMENT – Page 2 of 8
(between City of Bremerton and Tercom Construction, Inc.)
C. Final Payment: Waiver of Claims. THE MAKING OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL
PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND
PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS
UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times
acting as an independent contractor and not as an employee of the City. The Contractor shall
secure at its expense, and shall be responsible for all payments of income tax, social security,
state disability insurance compensation, unemployment compensation, and all other payroll
deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor
shall also secure all applicable business licenses, if required, in connection with the contract
services, including all required licenses for Contractor's officers, agents, employees and sub-
contractors.
5. TERMINATION. The City may terminate this agreement for good cause.
“Good cause” shall include, without limitation, any one or more of the following events:
A. The Contractor’s refusal or failure to supply a sufficient number of
properly skilled workers or proper materials for completion of the
Contract work.
B. The Contractor’s failure to complete the work within the time specified in
this agreement.
C. The Contractor’s failure to make full and prompt payment to sub-
contractors or for material or labor.
D. The Contractor’s persistent disregard of federal, state or local laws, rules
or regulations.
E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay
Prevailing Wages” with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
provisions. The latest prevailing wage rate revision issued by the Department of Labor and
Industries is attached.
PUBLIC WORKS AGREEMENT – Page 3 of 8
(between City of Bremerton and Tercom Construction, Inc.)
7. CHANGES. The City may issue a written work change directive for any change
in the Contract work during the performance of this agreement. If the Contractor determines, for
any reason, that a change order is necessary, Contractor must submit a written change order
request to the City’s project manager within two (2) business days of the date the Contractor
knew or should have known of the facts and events giving rise to the requested change. If the
City determines that the change increases or decreases the Contractor’s costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Contractor on all equitable adjustments. However, if the parties are
unable to agree, the City will determine the equitable adjustment as it deems appropriate. The
Contractor shall proceed with the change order work upon receiving a written work change
directive or change order from the City. If the Contractor fails to require a change order within
the time allowed, the Contractor waives its right to make any claim or submit subsequent change
order requests for that portion of the contract work. If the Contractor disagrees with the
equitable adjustment the Contractor must complete the change order work; however, the
Contractor may elect to protest the adjustment as provided below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with
anything required by a work change directive or change order, including
any direction, instruction, interpretation, or determination by the City, the
Contractor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days
with a written statement that provides the following information:
a. The date of the Contract’s protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e. An analysis of the progress schedule showing the schedule
change or disruption if the Contractor is asserting a
schedule change or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have
access to any of the Contractor’s records needed for evaluating the
protest.
3. The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid,
the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
PUBLIC WORKS AGREEMENT – Page 4 of 8
(between City of Bremerton and Tercom Construction, Inc.)
B. Contractor’s Duty to Complete Protested Work. In spite of any protest,
the Contractor shall proceed promptly with the work as the City has
ordered.
C. Contractor’s Acceptance of Changes. The Contractor accepts all
requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by Contractor as provided in this section
shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of
delays related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Contractor also waives any additional entitlement and
accepts from the City any written order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims
for protested work and accepts form the City any written order (including
directions, instructions, interpretations, and determination).
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise
to the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived
by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim
is set forth in detail in writing and received by the City within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts giving rise to the claim. At a
minimum, a Contractor’s written claim must include the information set forth regarding protests
in Section 7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. The Contractor shall correct all defects in workmanship and
materials within one year from the date of the City’s acceptance of the Contract work. When
defects are corrected, the warranty for that portion of the work shall extend for one year form the
date such correction is completed and accepted by the City. The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
PUBLIC WORKS AGREEMENT – Page 5 of 8
(between City of Bremerton and Tercom Construction, Inc.)
defect. If the Contractor does not accomplish the corrections within a reasonable time, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order
to accomplish the correction.
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officer, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in connection
with the performance of this agreement, except for injuries and damages caused by the City’s
sole negligence.
The City’s inspection or acceptance of any of Contractor’s work when completed shall
not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall
be only to the extent of the Contractor’s negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement insurance of the types and in the amounts described below against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of
the work by the Contractor, its agents, representative, employees, sub-consultants or sub-
contractors.
Before beginning work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000
combined single limit per accident for bodily injury and property damage;
and
2. Commercial General Liability insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit per occurrence
and $2,000,000 general aggregate for personal injury, bodily injury and
property damage. Coverage shall include but not be limited to: blanket
PUBLIC WORKS AGREEMENT – Page 6 of 8
(between City of Bremerton and Tercom Construction, Inc.)
contractual; products/completed operations/broad form property damage;
explosion, collapse and underground (XCU); and employer’s liability.
3. Excess Liability insurance with limits not less than $1,000,000 per
occurrence and aggregate.
Any payment of deductible or self insured retention shall be the sole responsibility of
the Contractor.
The City, its officials, employees, agents and volunteers shall be named as an
additional insured on the insurance policy, as respects work performed by or on behalf of the
Contractor and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance.
The Contractor’s insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer’s liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects
the City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City reserves the right to receive a certified copy of all the required insurance
policies.
12. MISCELLANEOUS.
A. Nondiscrimination. In the hiring of employees for the performance of
work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or
any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race,
religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or
sexual orientation discriminate against any person who is qualified and available to perform the
work to which the employment relates.
B. Compliance with Laws. Contractor shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of this
agreement.
C. Work Performed at Contractor’s Risk. Contractor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this agreement. All work shall be done at Contractor’s own
PUBLIC WORKS AGREEMENT – Page 7 of 8
(between City of Bremerton and Tercom Construction, Inc.)
risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
D. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect
E. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
F. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the parties’ performance of this agreement, each
party shall be responsible for payment of its own legal costs and attorney’s fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the
City’s right to indemnification under Section 10 of this agreement.
G. Written Notice. All communications regarding this agreement shall be
sent to the parties at the addresses listed on the signature page of this agreement, unless
otherwise notified. Any written notice shall become effective upon delivery, but in any event
three (3) calendar days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated on this agreement.
H. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
I. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
J. Severability. If any one or more sections, sub-sections, or sentences of
this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
of the remaining portion of this agreement and the remainder shall remain in full force and
effect.
K. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any representative
of the City, and those statements shall not be construed as forming a part of or altering in any
manner this agreement. This agreement and any attached Exhibits contain the entire agreement
between the parties. Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall prevail.
PUBLIC WORKS AGREEMENT – Page 8 of 8
(between City of Bremerton and Tercom Construction, Inc.)
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR THE CITY OF BREMERTON
Print Name: Print Name:
Title: Title:
DATE DATE
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
Jeff Elevado
Tercom Construction, Inc. 345 6th Street, Suite 100
P.O. Box 44623 Bremerton, WA 98337
Tacoma, WA 98448 (360) 473-5428
(253) 722-5820 (360) 473-5882 (facsimile)
APPROVED AS TO FORM:
Roger A. Lubovich
Bremerton City Attorney
ATTEST:
Angela Woods, City Clerk
PREVAILING WAGES
City of Bremerton ATTACHMENT A
Gold Mountain Golf Course
Fiber Optic Cable Conduit Installation
July 19, 2019
Scope of Work:
Contractor to provide all labor and materials to install approximately 2,300 feet of 2”
PVC Schedule 40 conduit with five (5) 11x17 hand holes located every 450 feet with pull
string and locate tape.
Work Included:
All labor, tools, permits and other related items necessary to trench and backfill
conduit to a depth of 20 inches.
Attached conduit to block wall of Public Works building at base of entry road and
terminate at Clubhouse pavilion.
Coordinate with Gold Mountain Golf Course Maintenance staff on location of conduit
and work schedule.
Completion of Work:
Contractor shall complete the work within thirty (45) calendar days from the date of
issuance of the City’s Notice to Proceed.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: September 25, 2019
Interlocal Agreement with the Kitsap
Conservation District for the Rain Garden &
Low Impact Development (LID) Project
COUNCIL MEETING Date: October 02, 2019
Department: PW&U
Presenter: Chance Berthiaume
Phone: (360) 473-5929
SUMMARY:
Bremerton’s rain garden project will provide technical and financial support to property owners for
installation of rain gardens and other low impact development within the City limits to reduce
Combined Sewer Overflows during storm events and improve stormwater quality using green
infrastructure.
The Kitsap Conservation District will be contracted to complete site visits, designs, and installations
because of their extensive rain garden experience and proven success with similar programs.
Selected recipients will receive rain garden excavation, construction, and materials. The landowner
will contribute the cost of a portion of the plants and their own labor to the extent possible. The
project will offer resources to teach people to care for their rain gardens and other plantings using
natural methods
ATTACHMENTS: Interlocal Agreement with the Kitsap Conservation District
FISCAL IMPACTS (Include Budgeted Amount): The cost of this agreement will be an amount not
to exceed $180,000, $90,000 of which is budgeted in the Wastewater Utility through December 31,
2022, and the remaining $90,000 is budgeted in the Stormwater Utility through December 31, 2022.
The annual cost is a maximum of $60,000/year per Section 2 of the agreement.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Interlocal Agreement with the Kitsap Conservation District for the Rain Garden
& Low Impact Development (LID) 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
A3
Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 1 of 12
INTERLOCAL AGREEMENT
2019-2022
Between the City of Bremerton and the Kitsap Conservation District
Regarding Rain Garden & Low Impact Development (LID) Education & Outreach,
Technical Assistance, and Installation
PREAMBLE
This Interlocal Agreement (hereinafter “agreement”) is by and between the City of Bremerton
(hereinafter “City”) and the Kitsap Conservation District (hereinafter “District”.)
RECITALS
WHEREAS, the City is committed to preventing stormwater runoff pollution and Combined Sewer
Overflows (CSOs); and
WHEREAS, the City and the District have a common goal to promote Best Management
Practices to protect water quality, provide education to land owners on land use impacts, and
support the use of Low Impact Development (LID) practices; and
WHEREAS, the services proposed under this agreement will promote improved water quality for
local waterways and the mitigation of pollution impacts on fish and wildlife, including shellfish;
and
WHEREAS, the District’s contribution of services can assist the City in compliance with Washington
Department of Ecology CSO reduction requirements; and
WHEREAS, the District’s contribution of services can assist the City in compliance with its NPDES
(National Pollutant Discharge Elimination System) Municipal Stormwater Permit in the areas
of Runoff Control and Education/Outreach; and
WHEREAS, the District has the expertise and experience to provide assistance to property
owners on land management activities and reducing impacts to water quality; and
WHEREAS, the City and the District desire to enter into an agreement and continue to work
collaboratively in providing information and services to property owners that will protect water
quality; and
WHEREAS, the Interlocal Cooperation Act, RCW 39.34, authorizes the parties hereto to enter into
this agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the City and the
District agree as follows:
Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 2 of 12
AGREEMENT
1. SERVICES BY DISTRICT
The District shall perform such duties and services as are listed on the scope of work attached
hereto as Exhibit A. Said services shall be performed in accordance with the approved scope of
work and budget specified in Exhibit A. All services funded under this Agreement shall be
provided exclusively within the boundaries of incorporated City of Bremerton. The District shall
furnish all services, labor, and related equipment to conduct and complete the work, except as
specifically noted otherwise in this Agreement.
2. PAYMENT
The City shall reimburse the District only for actual incurred costs upon presentation of a properly
executed invoice in a form approved by the City. The sum of the District’s reimbursement
requests during the duration of this Agreement shall not exceed Sixty Thousand Dollars ($60,000)
per year, of which a maximum of Thirty Thousand Dollars ($30,000) may be reimbursed for LID
projects that include disconnection of storm runoff from the sanitary sewer system in support of
CSO reduction, and/or a maximum of Thirty Thousand Dollars ($30,000) may be reimbursed for
LID projects at properties with no stormwater connection to the sanitary sewer system in support
of NPDES permit requirements and stormwater pollution prevention. The anticipated (budgeted)
and actual distribution of funds will be reported by the District quarterly and monitored by the
City. Reimbursement requests shall be submitted once a quarter. The City reserves the right to
withhold payments pending timely delivery of progress reports or documents as may be
required under this Agreement. The City shall reimburse the District within sixty (60) days of
receipt of a properly executed District invoice.
3. GENERAL ADMINISTRATION AND MANAGEMENT
The Water Resources Manager, or designee, shall be the City's representative and shall
oversee and approve all services to be performed, coordinate all communications, and review
and approve all invoices under this Agreement.
The Chair of the Board of Supervisors for the Kitsap Conservation District, or his/her designee,
shall represent the District in all matters pertaining to the services and materials to be rendered
under this Agreement; all requirements of the City pertaining to the services or materials to
be rendered under this Agreement shall be coordinated through the District’s representative.
The parties do not create through this Agreement a separate legal entity subject to suit. The
parties will not jointly own real or personal property as part of this undertaking.
4. REPORTING
The District shall produce quarterly and year-end reports summarizing the work performed and
Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 3 of 12
evaluating the performance and results of the work performed pertaining to this Agreement.
Progress reports shall include, but are not limited to, the following information:
a. Status of the work plan.
b. A description of work performed during the period and progress made to date,
including performance indicators that reflect effectiveness of the program elements as
set forth in Exhibit A.
c. Description of any adverse conditions that have affected the program objectives
and/or time scheduled, and actions taken to resolve these issues.
d. Progress reports shall be submitted as follows: For each year, Quarterly reports are due
the closest workday to May 15, August 15, and November 15; Year-end Report is due
February 15. The Year-end Report shall contain a summary of major
accomplishments realized during the year. This report shall include, but not be limited
to, photographs, slides, and any other graphics that would enhance the content and/or
appearance of the report.
5. INSPECTION AND AUDIT
The District shall maintain all books, records, documents, and other evidence pertaining to the
costs and expenses allowable under this Agreement in accordance with generally accepted
accounting practices. All such books and records required to be maintained by this Agreement
shall be subject to inspection and audit by representatives of the City and/or the Washington
State Auditor at all reasonable times, and the District shall afford the proper facilities for such
inspection and audit. Representatives of the City and/or the Washington State Auditor may copy
such books, accounts, and records where necessary to conduct or document an audit. The
District shall preserve and make available all such books of account and records for a period of
five (5) years after final payment under this Agreement. In the event that any audit or inspection
identifies any discrepancy in such financial records, the District shall provide the City with
appropriate clarification and/or financial adjustments within thirty (30) calendar days of
notification of the discrepancy.
6. INDEPENDENT CONTRACTOR
A. The District and the City understand and expressly agree that the District is an
independent contractor in the performance of each and every part of this
Agreement. The District expressly represents, warrants, and agrees that its status as
an independent contractor in the performance of the work and services required
under this Agreement is consistent with and meets the six-part independent
contractor test set forth in RCW 51.08.195. The District, as an independent contractor,
assumes the entire responsibility for carrying out and accomplishing the services
required under this Agreement. The District shall make no claim of City employment
nor shall claim any related employment benefits, social security, and/or retirement
benefits.
Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 4 of 12
B. The District shall be solely responsible for paying all taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury, and other deductions from
income which may be required by law or assessed against either party as a result of
this Agreement. In the event the City is assessed a tax or assessment as a result of
this Agreement, the District shall pay the same before it becomes due.
C. The City may, during the term of this Agreement, engage other independent
contractors to perform the same or similar work that the District performs hereunder.
7. DISCRIMINATION AND COMPLIANCE WITH LAWS
A. The District agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of
race, creed, color, national origin, marital status, sex, sexual orientation, age, disability,
or other circumstance prohibited by federal, state or local law or ordinance, except for
a bona fide occupational qualification.
B. The District shall comply with all federal, state, and local laws and ordinances applicable
to the work to be done under this Agreement.
C. Violation of this Section 7 shall be a material breach of this Agreement and grounds
for cancellation, termination or suspension by the City, in whole or in part, and
may result in ineligibility for further work for the City.
8. TERM AND TERMINATION OF AGREEMENT
A. This Agreement shall become effective upon execution by both parties and shall
continue in full force until December 31,2022, unless sooner terminated by
either party as provided below.
B. This Agreement may be terminated by either party without cause upon thirty (30) days
written notice to the other party. In the event of termination, all finished or unfinished
documents, reports, or other material or work of the District pursuant to this
Agreement shall be submitted to the City, and the District shall be entitled to just and
equitable compensation as set forth in Section 2 for any satisfactory work/services
completed prior to the date of termination.
Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 5 of 12
9. HOLD HARMLESS AND INDEMNIFICATION
A. The District agrees to protect, defend, indemnify, and hold harmless the City, its elected
officials, officers, employees, and agents from any and all claims, demands, losses, liens,
liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards,
costs and expenses (including reasonable attorneys’ fees and disbursements) caused
by or occurring by reason of any negligent act, error and/or omission of the District,
its officers, employees, and/or agents, arising out of or in connection with the
performance or non-performance of the services, duties, and obligations required of
the District under this Agreement.
B. The City agrees to protect, defend, indemnify, and hold harmless the District, its
officers, employees, and agents from any and all claims, demands, losses, liens,
liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards,
costs and expenses (including reasonable attorneys’ fees and disbursements) caused
by or occurring by reason of any negligent act, error and/or omission of the City, its
officers, employees, and/or agents, arising out of or in connection with the
performance or non-performance of the services, duties, and obligations required of
the City under this Agreement.
C. In the event that the District and the City are both negligent, then each party’s liability
for indemnification shall be limited to the contributory negligence for any resulting
suits, actions, claims, liability, damages, judgments, costs and expenses (including
reasonable attorneys’ fees and disbursements) that can be apportioned to that party,
its officers, employees and agents.
D. The foregoing indemnity is specifically and expressly intended to constitute a waiver
of the immunity of each party under Washington’s Industrial Insurance Act, RCW
Title 51, as respects the other parties only, and only to the extent necessary to provide
the indemnified party with a full and complete indemnity of claims made by the
employees of each party. The parties acknowledge that these provisions were
specifically negotiated and agreed upon by them.
E. The City’s inspection or acceptance of any of the District’s work when completed shall
not be grounds to avoid any of these covenants of indemnification.
F. Nothing contained in this section of this Agreement shall be construed to create a
liability or a right of indemnification in any third party.
G. The provisions of this section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 6 of 12
10. INSURANCE
The District shall maintain insurance as follows:
[X] Commercial General Liability as described in Exhibit B.
[X] Automobile Liability as described in Exhibit B.
The District shall comply with the provisions of RCW Title 51, Industrial Insurance. For the
duration of this Agreement, the District shall provide or purchase industrial insurance coverage
for its employees, as may be required of an “employer” as defined in RCW Title 51, and shall
maintain full compliance with RCW Title 51.
11. SUBLETTING OR ASSIGNING CONTRACT
The District shall not assign or subcontract any portion of the services provided within the terms
of this Agreement without obtaining prior written approval from the City. In the event that such
prior written consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of the District as stated herein.
12. EXTENT OF AGREEMENT/MODIFICATION
This Agreement, together with Exhibits or addenda, represents the entire and integrated
Agreement between the parties and supersedes all prior negotiations, representations, or
agreements, either written or oral. This Agreement may be amended, modified or added to only
by written instrument properly signed by both parties.
13. SEVERABILITY
A. If a court of competent jurisdiction holds any part, term or provision of this Agreement
to be illegal or invalid, in whole or in part, the validity of the remaining provisions
shall not be affected, and the parties’ rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision held to be invalid.
B. If any provision of this Agreement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and
null and void insofar as it may conflict, and shall be deemed modified to conform
to such statutory provision.
14. FAIR MEANING
The terms of this Agreement shall be given their fair meaning and shall not be construed in favor
of or against either party hereto because of authorship. This Agreement shall be deemed to have
been drafted by both of the parties.
15. NON-WAIVER
Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 7 of 12
A waiver by either party hereto of a breach by the other party hereto of any covenant
or condition of this Agreement shall not impair the right of the party not in default to avail itself
of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon
strict performance of any agreement, covenant or condition of this Agreement, or to exercise
any right herein given in any one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or right.
16. NOTICES
Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand-
delivered to the parties at their addresses as follows:
City of Bremerton
100 Oyster Bay Ave N
Bremerton, WA 98312
Attention: Water Resources Manager
Phone: (360) 473-2315
Fax: (360) 473-5018
Kitsap Conservation District
10332 Central Valley Road
Poulsbo, WA 98370
Attention: Chair of the Board of Supervisors
Phone: (360) 204-5529
Fax: (360) 204-5519
or to such addresses as the parties may hereafter designate in writing. Notices and/or demands
shall be sent by registered or certified mail, postage prepaid, or hand-delivered. Such notices
shall be deemed effective when mailed or hand-delivered at the addresses specified above.
17. SURVIVAL
Any provision of this Agreement which imposes an obligation after termination or expiration of
this Agreement shall survive the term or expiration of this Agreement and shall be binding on the
parties to this Agreement.
18. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington.
19. VENUE
The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of
Washington for Kitsap County, Washington.
20. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed
an original, but all of which shall constitute one and the same Agreement.
21.FILING
Pursuant to RCW 39.34.040, this Agreement shall be filed with the Kitsap County Auditor or listed
by subject on the public website of the parties hereto or on another electronically retrievable
public source.
,![EXECUTED THIS_--1,1--�--1--DAY AUGUST 2019.
KITSAP CONSERVATION DISTRICT
Albert Allpress
Chair, Board of Supervisors
Date
CITY OF BREMERTON
Greg Wheeler
Mayor
Date
lnterlocal Agreement -City of Bremerton and Kitsap Conservation District, 2019-2022 Page 8 of 12
Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 9 of 12
EXHIBIT A
SCOPE OF WORK & BUDGET
PURPOSE
Reduce Combined Sewer Overflows (CSOs), which is the overflow of sewage and stormwater
into Puget Sound that occurs as a result of stormwater exceeding the hydraulic capacity of
the sanitary sewer system
Disconnect storm runoff from the sanitary sewer system at selected properties and use
LID practices if possible to allow water to infiltrate into the ground
Support NPDES permit compliance and environmental stewardship objectives through:
Public education on LID principals and applications
Increased use of LID practices to mitigate the effects of existing development
Water quality improvements achieved from the LID retrofit projects
Provide an opportunity for private property owners within the City to obtain financial
assistance for small-scale LID projects they might not otherwise construct
Provide cost reimbursement to private property owners
Provide funds for technical assistance for small-scale LID projects
Within the City of Bremerton (“City”), some private properties still have downspouts and other
stormwater runoff sources connected to the sanitary sewer. This can be a problem in large storm
events because the extra stormwater can overwhelm the sanitary sewer and cause a CSO in that
basin. Disconnecting these properties and directing the runoff to LID where possible will help
reduce CSOs and therefore improve water quality, protect marine habitats, and reduce risks to
human health. In addition, directing this water into LID will treat the stormwater by removing
metals, nutrients, and other pollutants before the water reaches Puget Sound. The City and the
Kitsap Conservation District (“District”) share a common goal to promote Best Management
Practices (BMPs) to protect water quality, provide education to landowners on land use
impacts, and support the use of Low Impact Development (“LID”) practices.
The District has the expertise and experience to provide education and technical assistance
to property owners who are interested in learning about LID principals or employing
stormwater BMPs on their property.
The City and the District desire to enter into this agreement and work collaboratively.
SCOPE OF WORK
The District will partner with the City to develop and accomplish the following tasks:
• Task 1— Education and outreach
• Task 2— Identify opportunities & locations for small-scale LID projects
• Task 3— Implement District rain garden/LID program within City limits
• Task 4— Administration, documentation, and reporting
Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 10 of 12
TASK 1— EDUCATION AND OUTREACH
Objective: Promote public knowledge of LID practices and promote the rain garden/LID
program.
Scope:
1.1 The District shall work with the City to create outreach materials including but not limited to
brochures, flyers, and letters to advertise the program.
1.2 The District shall conduct outreach to eligible property owners to recruit program
participants.
TASK 2— IDENTIFY OPPORTUNITIES & LOCATIONS FOR SMALL-SCALE LID PROJECTS
Objective: Develop a list of potential small-scale rain garden/LID sites based on CSO basins of
concern, stormwater connection to the sanitary sewer, District analysis, and in consultation with
City staff.
Scope:
2.1 Develop a list of potential sites and facility types
2.2 Analyze potential sites for BMP type and estimated costs
TASK 3— IMPLEMENT DISTRICT RAIN GARDEN/LID PROGRAM WITHIN CITY LIMITS
Objective: The District will implement its existing rain garden/LID program for properties within
the City limits.
Scope:
3.1 Recruit property owners consistent with Task 2 with the specific goal of CSO reduction, recruit
property owners City-wide with the overall goal of increasing the use of LID practices to
reduce stormwater pollution and improve water quality, and provide technical support for
the design and installation of rain gardens or other small-scale LID projects.
3.2 The design of all projects shall be consistent with City codes and standards.
3.3 The agreement between the District and property owner shall not be inconsistent with City
codes and ordinances.
3.4 The agreement with the property owners shall include a requirement for on-going
maintenance which is consistent with City standards. The District will provide O&M inspection
for those properties receiving cost-share within this agreement for a period not to exceed the
contracts dates of this ILA.
TASK 4—ADMINISTRATION, DOCUMENTATION, AND REPORTING
Objective: To provide project management, including communication, documentation, and
submittal of billing invoices and reports.
Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 11 of 12
Scope :
5.1 Project management efforts shall include conducting, coordinating, and scheduling project
activities, including quality control.
5.2 Communication with the City shall be through postal mail, email, consultation meetings and
phone discussions.
5.3 Project documentation shall include a separate file for each project location which contains,
at a minimum, a copy of: the signed landowner agreement; the design report;
documentation of satisfactory completion; photo(s) of the completed project; and GPS
location. Upon site completion, a copy of each file shall be submitted to the City with the
subsequent quarterly report.
5.4 Billing invoices, progress reports, and supportive documentation shall be submitted to the
City’s Project Manager on a quarterly and annual basis.
5.5 Maintain all records throughout the duration of the agreement and archive for an additional
five years for audit purposes.
BUDGET
PROPOSED 3-YR BUDGET
Rain Garden & LID City
Technical assistance and cost-share to
provide outreach/education, downspout
disconnection, and installation of small-
scale LID projects at properties with
stormwater runoff connected to the
sanitary sewer system
Up to $90,000 not
to exceed $30,000
per year
Technical assistance and cost-share to
provide outreach/education, technical
assistance, and installation of small-scale
LID projects at properties with no
stormwater connection to the sanitary
Up to $90,000 not
to exceed $30,000
per year
Total 3-Year project budget Up to $180,000
Interlocal Agreement – City of Bremerton and Kitsap Conservation District, 2019-2022 Page 12 of 12
EXHIBIT B
INSURANCE
Insurance against claims for injuries to persons or damage to property arising out of or in
connection with the performance of this Agreement by the District, its officers, employees and
agents:
A. Automobile Liability Insurance with limits no less than $1,000,000.00 combined single
limit per accident for bodily injury and property damage.
B. Commercial General Liability Insurance written on an occurrence basis with limits no
less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00
aggregate for personal injury, bodily injury and property damage. Coverage shall
include, but not be limited to blanket contractual; products/completed operations;
broad form property damage; explosion, collapse and underground (XCU) if applicable;
and employer's liability.
Before commencing work and services, the District shall provide to the person identified in
Section 16 of the Agreement a Certificate of Insurance evidencing the required insurance.
City reserves the right to request and receive a certified copy of all required insurance policies.
Any payment of deductible or self-insured retention shall be the sole responsibility of the District.
City shall be named as an additional insured on the Commercial General Liability Insurance Policy,
with regard to work and services performed by or on behalf of the District using ISO Additional
Insured endorsement CG 20 10 01 and Additional Insured-Completed Operations endorsement
CG 20 37-10 901 or substitute endorsements providing equivalent coverage. A copy of the
endorsement naming City as an additional insured shall be attached to the Certificate of
Insurance.
The District’s Commercial General Liability insurance shall contain a clause stating that coverage
shall apply separately to each insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
The District's insurance shall be primary and non-contributory insurance as respects the City and
shall contain a waiver of subrogation against the City for claims arising out of any operations,
liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon
the District to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return
receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100,
Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of
any insurance policy set out herein, and failure to do so shall be construed to be a breach of this
Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof of
coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of
coverage.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: September 25, 2019
Award of Public Works Agreement to Vet
Industrial for the SR-304 Gateway Median
Landscape Project
COUNCIL MEETING Date: N/A
Department: PW&U
Presenter: Katie Ketterer
Phone: (360) 473-5334
SUMMARY: The SR 304 Gateway Median Landscape project will remove overgrown vegetation and
dead trees from the median of SR 304 and replace the vegetation with river rock. The project was
originally planned as a 3-year project to be completed by the Street Department crew. The first
phase (from SR 16 interchange to Charleston Beach Rd.) was completed in 2018 for a cost of
$80,000. The second and third phases were planned for 2019 and 2020; however, other work
completed earlier this year resulted in the inability of the Street Crew to the landscaping. An
evaluation of the work plan and estimate revealed that outside forces could complete phases 2 & 3 of
the project in 2019 cost effectively and free up the street crew to complete other projects.
Requests for bids were solicited from the small works roster to construct landscape improvements to
the SR 304 Gateway Median from Charleston Beach Road to 1st Street. Two bids were received,
and Vet Industrial submitted the low bid of $185,050 which is less than the Engineers estimate. Vet
Industrial is the lowest responsive and responsible bidder and Public Works recommends the
contract be awarded to Vet Industrial in the amount of $185,050.
ATTACHMENTS: 1) Bid Tabulation; 2) Public Works Agreement; and 3) Plan Sheet
FISCAL IMPACTS (Include Budgeted Amount):
The 2019 Transportation Capital Fund included $90,000 for this work. An additional $145,000, which
includes contingency funds and City labor costs, will be funded from REET, and will require a budget
adjustment to the Transportation Capital Fund.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Action is anticipated
RECOMMENDED MOTION:
Move to Award the Public Works Agreement to Vet Industrial for the SR-304 Gateway Median
Landscape Project; authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented; and approve a budget amendment of up to $145,000 from
REET balance to the Transportation Capital Fund.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A4 Updated
City of Bremerton
Gateway Median Landscape I-25 August 2019
Contract Documents Contract
CONTRACT
(Page 1 of 4)
THIS AGREEMENT is dated the day of in the year 2019 by
and between the City of Bremerton (hereinafter called CITY) and
(hereinafter called CONTRACTOR).
CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract
Documents entitled SR 304 Gateway Median Landscape Project.
ARTICLE 2. CONTRACT TIMES.
The WORK shall obtain Physical Completion within 25 working days after the commencement date
stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in
this agreement. This provision has been specifically negotiated.
ARTICLE 3. LIQUIDATED DAMAGES.
CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the
CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2
herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard
Specifications which may be modified by the Special Provisions. They also recognize the delays,
expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the
CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the
CONTRACTOR shall pay the CITY liquidated damages in the amount of $1,000 per day after the
date of Physical Completion for each phase, in the event that work is not completed by
CONTRACTOR by said date.
ARTICLE 4. CONTRACT PRICE.
CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract
Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in
Section 1-07.2 of the Special Provisions.
ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the
Standard Specifications which may be modified by the Special Provisions. Applications for Payment
will be processed by ENGINEER as provided in the Special Provisions
_____________
Contractor Initials
City of Bremerton
Gateway Median Landscape I-26 August 2019
Contract Documents Contract
CONTRACT
(Page 2 of 4)
ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR
concerning the WORK consist of this Contract and the following attachments to this Contract:
Notice Inviting Bids,
Bidders Checklist,
Bid Proposal including the Proposal Forms, Information Required of Bidder, and all
required certificates and affidavits,
Performance Bond,
Payment Bond,
Standard Specifications,
Amendments to the Standard Specifications,
Special Provisions,
Contract Plans,
Addenda numbers _____ to _____, inclusive.
Change Orders which may be delivered or issued after Effective Date of the
Agreement and are not attached hereto.
There are no Contract Documents other than those listed in this Article 6. The Contract Documents
may only be amended by Change Order as provided in Section 1-04.4 of the Standard
Specifications which may be modified by the Special Provisions.
ARTICLE 7. INDEMNIFICATION.
The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in
accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his
immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws
and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY,
ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents
of each and any of them, against and from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorney fees, all claims and liability arising under, by reason of, related,
or incidental to the Contract Documents or any performance of the WORK, but not from the sole
negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the
Contract Documents. The provisions of this section shall survive the termination of the contract.
_____________
Contractor Initials
City of Bremerton
Gateway Median Landscape I-27 August 2019
Contract Documents Contract
CONTRACT
(Page 3 of 4)
ARTICLE 8. ASSIGNMENT
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any
or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an
assignment of funds for security purposes. In the case of an assignment for security purposes the
CITY may condition its approval to the extent it deems necessary to assure that there will be
adequate funds to complete the WORK and to pay a subcontractors and suppliers.
ARTICLE 9. DAVIS BACON AND RELATED ACTS
Bidder shall comply with the requirements of the Davis-Bacon and related acts (DBRA) as outlined
in 29 CFR parts 1-7 when the contract for construction, alteration, and or repair exceeds $2,000,
is federally assisted, and involves the employment of laborers and/or mechanics to perform the
work.
CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect of all covenants, agreements and obligations contained in the Contract Documents.
IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed
the day and year first above written.
CITY : City of Bremerton CONTRACTOR
By By
[CORPORATE SEAL]
Attest Attest
Address for giving notices Address for giving notices
License No.
City of Bremerton
Gateway Median Landscape I-28 August 2019
Contract Documents Contract
CONTRACT
(Page 4 of 4)
Approved as to Form:
Agent for service of process:
(Signature)
(Title)
City of Bremerton
Gateway Median Landscape I-29 August 2019
Contract Documents Contract Certificate
CONTRACT CERTIFICATE
(if Corporation)
STATE OF )
) ss.
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Board of Directors of the ___________________
____________________________________________________________________________
____________________________________________________________________________
a corporation existing under the laws of the State of ____________________________, held on
__________________, 20___, the following resolution was duly passed and adopted:
“RESOLVED, that _________________________________________________, as
______________________ President of the Corporation, be and is hereby authorized
to execute the Agreement dated _________________, 20___, by and between this
Corporation and the City of Bremerton and that his/her execution thereof, attested
by the Secretary of this Corporation, and with the Corporate Seal affixed, shall be the
official act and deed of this Corporation.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
corporation this _____, day of ___________________, 20___.
(Secretary)
(SEAL)
City of Bremerton
Gateway Median Landscape I-30 August 2019
Contract Documents Contract Certificate
CONTRACT CERTIFICATE
(if Limited Liability Company)
STATE OF )
) ss.
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Members of the __________________________
____________________________________________________________________________
____________________________________________________________________________
a Limited Liability Company existing under the laws of the State of _______________________,
held on __________________, 20___, the following resolution was duly passed and adopted:
“RESOLVED, that ____________________________ and ___________________, as
Members of this Limited Liability Company, be and are hereby authorized to execute the
Agreement dated _________________, 20___, to the City of Bremerton by this Limited
Liability Company and that their execution thereof shall be the official act and deed of this
Limited Liability Company.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___.
A Limited Liability Company
By:
Member
By:
Member
(SEAL)
City of Bremerton
Gateway Median Landscape I-31 August 2019
Contract Documents Contract Certificate
CONTRACT CERTIFICATE
(if Partnership)
STATE OF )
) ss.
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Partners of the ___________________________
____________________________________________________________________________
____________________________________________________________________________
a partnership existing under the laws of the State of _______________________, held on
__________________, 20___, the following resolution was duly passed and adopted:
“RESOLVED, that ____________________________ , as ______________________ of
the Partnership, be and is hereby authorized to execute the Agreement dated
_________________, 20___, by and between this Partnership and the City of Bremerton
and that his/her execution thereof attested by the _____________________ shall be the
official act and deed of this Partnership.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___.
Partner
(SEAL)
City of Bremerton
Gateway Median Landscape I-32 August 2019
Contract Documents Contract Certificate
CONTRACT CERTIFICATE
(if Joint Venture)
STATE OF )
) ss.
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Principals of the __________________________
____________________________________________________________________________
____________________________________________________________________________
a joint venture existing under the laws of the State of _______________________, held on
__________________, 20___, the following resolution was duly passed and adopted:
“RESOLVED, that ____________________________ , as ______________________ of
the Joint Venture, be and is hereby authorized to execute the Agreement dated
_________________, 20___, by and between this joint venture and the City of
Bremerton and that his/her execution thereof attested by the _____________________
shall be the official act and deed of this Joint Venture.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this ___, day of ____________, 20___.
Managing Partner
(SEAL)
END OF AGREEMENT
CLEAR AND GRUB, REMOVE
TOP 8" OF TOP SOIL. IF WITHIN
10'-0" OF A TREE , SEE SECTION .
DATE: August 22, 2019 FILE: SR304MEDIANS
0
SCALE IN FEET
120
SR 304 MEDIAN IMPROVEMENTS
BREMERTON, WA
TYPICAL SECTIONS FOR
MEDIAN IMPROVEMENTS
B
-
TYPICAL SECTION
NO SCALE
LOCATION AT TREE
A
-
TYPICAL SECTION
NO SCALE
B
-
PLACE 8" DEPTH OF
4" TO 8" RAINBOW ROCK,
MOUND TO DRAIN
INSTALL GEOTEXTILE
FABRIC FOR SEPARATION
AND WEED CONTROL
CLEAR AND GRUB, REMOVE ALL
PLANT MATERIAL THAT IS NOT
PART OF THE TREES (SEE NOTE 3).
NO POWER EQUIPMENT IS
ALLOWED WITHIN 10'-0" OF A TREE
TRUNK, HAND TOOLS ONLY
SR304
MATCHLINESEE ABOVEMATCHLINESEE BELOW
S LAFAYETTE AVE
S CAMBRIAN AVE
1ST STFARRAGUT STRODGERS ST
FARRAGUT AVE
FARRAGUT AVE
S WYCOFF AVE
S SUMMIT AVE
SEE SECTION , TYPA
-
SEE SECTION , TYPA
-
SR304
2" FROM TOP OF ROCK
TO TOP OF CURBEXISTING GRADE
FINISHED GRADE
SEGMENT 2
SEGMENT 1
2" FROM TOP OF ROCK
TO TOP OF CURB
EXISTING
GRADE
FINISHED
GRADE
1.SEE SECTION
FOR REQUIREMENTS IF
WITHIN 10'-0" OF A TREE.
2. IRRIGATION HEADS TO BE
CUT BELOW FINISHED GRADE.
3. TREES AND TREE ROOTS
SHALL NOT BE HARMED.
NOTES B
-
PLACE 2" DEPTH OF
2" RAINBOW ROCK,
MOUND TO DRAIN
PLACE 2" DEPTH OF BARK
MULCH, KEEP MULCH 6"
AWAY FROM TREE TRUNK
BARK MULCH
2' RADIUS RING
From: Rebelowski, Jane [mailto:Jane.Rebelowski@seattle.gov]
Sent: Thursday, September 26, 2019 7:34 AM
To: Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us>
Cc: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; City Council <City.Council@ci.bremerton.wa.us>
Subject: RE: Citizen Comments - Gateway Landscaping Contract (Jane Rebelowski)
Hi Tom,
It is unfortunate that your predecessors choose to use “Montana Pink River Rock” to maintain the
Gateway median. Water under the bridge. I was a bit concerned about some comments imploring your
staff to have work performed at night. I have included some information for those who may think that
shipyard workers and others should not be delayed while putting workers at risk.
“The Washington Department of Transportation calls night work “inherently more dangerous” due to
reduced visibility and the much higher percentage of impaired drivers. Research from the Texas
Transportation Institute suggests that work zone intrusions at night tend to cause more serious injuries
than those during the day. In addition to these safety concerns, it is also more difficult to ensure the
quality of the work done at night due to low light conditions.”
I would never want to see another worker killed or injured severely on a City of Bremerton project. This
is a short term project that commuters can deal with. Perhaps they will consider using mass transit,
carpooling, or other methods of commuting.
The project manager did a great job presenting the project last night. Very informative and patient with
questions and comments.
Jane Rebelowski
Sr. Civil Engineering Specialist
City of Seattle, Department of Transportation
O: 206-233-8743 | M: 206-255-3088 | Jane.Rebelowski@seattle.gov
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: September 25, 2019
Sole Source Procurement for the
Repair/Rebuild of the CS21-4 Centrisys
Centrifuge & Backdrive by Centrisys
Centrifuge Systems
COUNCIL MEETING Date: N/A
Department: PW&U/WWTP
Presenter: Rick Zimburean
Phone: (360) 473-5449
SUMMARY: The Centrisys centrifuge was installed in 2009 and has been the primary machine in
dewatering the Westside treatment plant biosolids.
In 2014 the machine was pulled and sent to the Centrisys repair facility, for the rebuilding/repair of
the centrifuge and backdrive, as we had met the requisite operational hours for this rebuild.
We have currently met the requisite operational hours, and the Centrifuge and backdrive are again in
need of a major repair/rebuild. The Centrisys proposal for the repair/rebuild of the centrifuge and
backdrive is $61,312.50 and includes tax and shipping.
ATTACHMENTS: 1) Sole Source Determination Memo; and 2) Proposal by Centrisys Centrifuge
Systems
FISCAL IMPACTS (Include Budgeted Amount): This work is budgeted through the WWTP O&M
budget under Equipment Repair & Maintenance and has a budget of $135,000.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Action is anticipated
RECOMMENDED MOTION:
Move to approve the Sole Source Procurement for the Repair/Rebuild of the CS21-4 Centrisys
Centrifuge & Backdrive by Centrisys Centrifuge Systems in the amount of $61,312.50; 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
A5
MEMORANDUM
Date: September 16, 2019
To: Procurement File
From: Thomas Knuckey, PW&U Director
Subject: Sole Source Determination
------------------------------------------------------------------------------------------------------------
In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of
this memorandum is to document the necessity of sole source procurement methodology for the
refurbishment of the Centrisys Centrifuge for the Westside Wastewater Treatment Plant.
Dewatering of biosolids is accomplished by two centrifuges at the Wastewater Treatment Plant.
The Centrisys Centrifuge requires a major overhaul consisting of repair to the scroll and back
drive assembly, including tile refurbishment and balancing of the scroll. Centrisys is the
manufacturer of the Centrifuge and they have proprietary processes in place for much of the
work that will be completed with the overhaul.
Therefore, it is my determination that it is in the City’s best interests to complete the overhaul
through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that overhaul through
a sole source procurement is justified.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: September 25, 2019
Ordinance No. ________ imposing a Local
Sales and Use Tax for Affordable and
Supportive Housing in accordance with
Substitute House Bill 1406
COUNCIL MEETING Date: October 2, 2019
Department: Finance
Presenter: Mike Riley
Phone: (360) 473-5303
SUMMARY: House Bill 1406 authorizes the governing body of the City to impose a local Sales and
Use Tax for acquisition, construction or rehabilitation of affordable housing or facilities providing
supportive housing, for the operations and maintenance costs of affordable or supportive housing,
and for providing rental assistance to tenants.
ATTACHMENTS: Ordinance No. __________
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Ordinance No. _________ imposing a Local Sales and Use Tax for Affordable and
Supportive Housing in accordance with Substitute House Bill 1406.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A6
1
Ordinance Implementing SHB 1406 –
Funding for Affordable Housing
ORDINANCE NO. ____
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, imposing a local sales and use tax for
affordable and supportive housing in accordance with Substitute
House Bill 1406 (Chapter 338, Laws of 2019), providing for
severability and establishing an effective date.
WHEREAS, in the 2019 Regular Session, the Washington State Legislature
approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019)
(“SHB 1406”); and
WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose
a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or
facilities providing supportive housing, and for the operations and maintenance costs of affordable
or supportive housing, for providing rental assistance to tenants; and
WHEREAS, the tax will be credited against state sales taxes collected within the
City of Bremerton and, therefore, will not result in higher sales and use taxes within the City of
Bremerton and will represent an additional source of funding to address housing needs in the City
of Bremerton; and
WHEREAS, the tax must be used to assist persons whose income is at or below
sixty percent of the City of Bremerton median income; and
WHEREAS, the City of Bremerton has a need to provide affordable housing or
facilities and to provide for the operations and maintenance costs of affordable or supportive
housing and provide rental assistance to tenants and has determined that imposing the sales and
use tax to address this need will benefit its citizens; and
WHEREAS, in order for the City to impose the tax, the City was required to adopt
a resolution within six months of the effective date of SHB 1406, or January 28, 2020, declaring
the City’s intent to adopt legislation to levy the maximum capacity of the tax; and
WHEREAS, in fulfillment of the resolution of intent requirement, the Bremerton
City Council passed Resolution No. 3318 on August 7, 2019; and
WHEREAS, SHB 1406 also requires that the City adopt legislation to authorize the
maximum capacity of the tax within one year from the effective date of SHB 1406; and
WHEREAS, this ordinance constitutes the required legislation; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
2
Ordinance Implementing SHB 1406 –
Funding for Affordable Housing
SECTION 1. Imposition of Tax. Pursuant to SHB 1406 (Chapter 338, Laws of
2019), there is hereby imposed a sales or use tax, as the case may be, on all taxable events within
the City of Bremerton defined in RCW 82.14.020, as the same now exists or as hereafter amended
or superseded, for the purpose of providing for affordable and supportive housing. The rate of the
tax shall be the maximum rate authorized pursuant to SHB 1406 of 0.0073 percent or 0.0146
percent.
SECTION 2. Collection of Tax by Department of Revenue. The Washington State
Department of Revenue shall deduct the amount of the tax levied in Section 1 above from the
amount of sales or use tax otherwise required to be collected or paid to the Department of Revenue
under Chapter 82.08 RCW or Chapter 82.12 RCW. The Department of Revenue is authorized to
collect such taxes on behalf of the City of Bremerton at no cost to the City.
SECTION 3. Distribution by Department of Revenue - Maximum Amount of Tax.
The Washington State Department of Revenue shall distribute the proceeds of the tax to the City
as provided in SHB 1406, up to the maximum amount provided in such state law.
SECTION 4. Use of Tax Revenues. The City may use the revenues from the tax
solely for the acquisition, construction or rehabilitation of affordable housing or facilities
providing supportive housing, for the operations and maintenance costs of affordable or supportive
housing, for providing rental assistance to tenants, or for any other purpose authorized by SHB
1406, as the same now exists or as hereafter amended or superseded.
SECTION 5. Bonds. SHB 1406 authorizes the City to issue general obligation or
revenue bonds to carry out the purposes of such state law and to pledge the monies collected from
the tax for repayment of such bonds. Such bonds, if any, shall be authorized by separate action of
the Bremerton City Council.
SECTION 6. Interlocal Agreements. SHB 1406 authorizes cities imposing the tax
provided for in the ordinance to enter into interlocal agreements with one or more counties, cities,
or public housing authorities in accordance with Chapter 39.34 RCW. Such interlocal agreements
may include, but are not limited to, pooling the tax receipts, pledging those taxes to bonds issued
by one or more parties, and allocating the proceeds of the taxes levied or bonds issued in
accordance with such interlocal agreement. Such interlocal agreements, if any, shall be authorized
by separate action of the Bremerton City Council.
SECTION 7. Reporting. The City shall report annually to the Washington State
Department of Commerce on the collection and use of the tax revenues. The report shall be in
such form and contain such content as the Department of Commerce shall prescribe by rule. The
Mayor, or his or her designee, shall prepare the annual report and provide a copy to the Bremerton
City Council at the time the same is filed with the state.
SECTION 8. Expiration of Tax. The tax imposed by this ordinance shall expire
twenty years after the date on which the tax is first imposed.
3
Ordinance Implementing SHB 1406 –
Funding for Affordable Housing
SECTION 9. Corrections. The City Clerk and codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of scrivener, clerical, typographical, and spelling errors, references, ordinance
numbering, section/subsection numbers and any references thereto.
SECTION 10. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
SECTION 11. Effective Date. This ordinance shall take effect and be in full force
five days after publication of the attached summary which is hereby approved.
PASSED by the City Council the___________ day of ___________________________, 2019
_________________________________
ERIC YOUNGER, Council President
Approved this ________ day of ________________________, 2019
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ ________________________________
ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the________ day of ______________________, 2019
EFFECTIVE the_________day of ______________________, 2019
R:\Legal\Legal\Ordinances\Finance\Ordinance to Implement HB 1406 - 8-30-19.doc
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: September 25, 2019
Ordinance No. _______ amending Section
2.03.010 of the Bremerton Municipal Code
relating to the Mayor’s Compensation
COUNCIL MEETING Date: October 2, 2019
Department: City Council
Presenter: Eric Younger
Phone: (360) 473-5280
SUMMARY: The proposed ordinance amends Section 2.03.010 of the Bremerton Municipal Code to
increase the Mayor’s salary to ____________ beginning in 2020.
ATTACHMENTS: None.
FISCAL IMPACTS (Include Budgeted Amount): BMC currently has the Mayor’s salary at
$107,000.00.The proposed ordinance would increase the Mayor’s salary to ____________. In 2020,
the potential impact would be an increase of ___________ with benefits.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve Ordinance No. ________ amending Section 2.03.010 of the Bremerton Municipal
Code relating to the Mayor’s compensation.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A7
Form Created 5/4/15
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Substantial Amendment to 2018
Community Development Block Grant
Annual Action Plan
Study Session Date: October 25, 2019
Presenter: Sarah Achaoui
Phone: 360-473-5375
SUMMARY: Annually the U.S. Department of Housing and Urban Development (HUD) reviews the
performance of each entitlement community according to 24 CFR 570.902. On November 1 of each
calendar year HUD runs a formula calculation and the amount of entitlement grant funds available to
the recipient under grant agreements but undisbursed by the U.S. Treasury must be under 1.5 times
the entitlement grant amount for its current program year. Currently, the City of Bremerton is over the
1.5 ratio by $119,389, a 1.75 ratio. There is a significant unspent balance on the 2018 Public Works
and Utilities Quincy Square Engineering and Design Project with no real plan to get the funding
drawn down in a timely manner.
To remedy, to ensure CFR compliance, is to create a substantial amendment to the 2018 CDBG
Annual Action Plan to transfer unspent funding in the amount of $120,000 from the Quincy Square
project and create a new activity, “Capital Improvements to the Kitsap Rescue Mission.” This will
require a 30-day public comment period which will run from September 26th to October 26th and City
Council will hold a public hearing on November 6, 2019 in order to determine if the action will be
approved to create this substantial amendment.
HANDOUTS:
Project Review Committee Recommendation for 2018 Funding Options (Priority 1 and Priority 2)
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
A8
Item added…