HomeMy WebLinkAbout04/01/2020 AGENDA PACKET
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CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280
WEDNESDAY, APRIL 1, 2020
CITY COUNCIL VIRTUAL MEETING AGENDA
Via Live-Stream Video and/or Audio Remote Access
To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers will be
closed, and all Council Members and staff will be participating in the meeting remotely. The public is invited to
view and/or participate in the Council Meeting through one of the following options:
To stream online only (via BKAT Feed, with no interaction possible:
https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live
To join the meeting with computer, tablet, or phone (includes ability to interact):
https://zoom.us/j/429595268?pwd=RUlpRTRmbW1DK2dDZnNtNWRReU9HUT09
To join the meeting with the phone only: +1 253 215 8782
+1 301 715 8592
+1 360 415 1029
Meeting ID: 429 595 268
Password: 760633
Citizens are always encouraged to send questions and comments by email to City.Council@ci.bremerton.wa.us
1. CALL TO ORDER: 5:30 PM
2. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting March 4, 2020
C. Minutes of Special Meeting & Study Session March 11, 2020
D. Professional Services Agreement with the Bremerton School District for a Full-Time
School Resource Officer
E. Public Works Agreement with Sabelhaus West, Inc. for Reservoir 8 Exterior Coating
Replacement
F. Budget Amendment to Transfer Funds within the Street Department Budget to Purchase
a Hydraulic Breaker and Compactor for the Mini Excavator
G. The Local & Community Projects Program Grant Agreement with the State of Washington
Department of Commerce for the Warren Avenue Neighborhood Park & Playfield
Renovation Project
3. GENERAL BUSINESS
A. Ordinance No. 5396 amending Ordinance No. 5382 relating to Stormwater General
Facility Charges
B. Goods and Services Agreement with Merchant Patrol Security Services, Inc. for Security
Services and Patrols
C. Sole Source Purchase from Granich Engineered Products, Inc. for the Service and
Repair of Lift Station WB-3 Pump No. 2
D. Repair of Boiler and Rental of Temporary Boiler from Cole Industrial, Inc. for the
Wastewater Treatment Plant
E. Contract with Sound Pacific Construction, LLC for Construction of the Warren Avenue
Park Improvement Project; and related Budget Adjustments
F. Purchase of Athletic Field Lighting from Musco Sports Lighting through the King County
Directors Association Purchasing Cooperative for the Warren Avenue Park Improvement
Project
G.Interlocal Agreement with the Kitsap Regional Coordinating Council
4. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 2A
SUBJECT: Study Session Date: N/A
Claims & Check Register COUNCIL MEETING Date: April 1, 2020
Department: Legal Services
Presenter: Angela Hoover
Phone: (360) 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1. Check Numbers 388325 through 388709 and Electronic Fund Transfers V20963 through
V21067 in the grand total amount of $4,850,689.35
2. Regular Payroll for the pay period ending February 29, 2020 in the amount of $838,881.88
3. Regular Payroll for pay outs and supplemental pay for pay period ending February 29, 2020
in the amount of $4,661.94
4. Regular Payroll for the pay period ending March 15, 2020 in the amount of $853,529.37
5. Retiree Payroll for pay period ending March 31, 2020 in the amount of $56,221.24
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
AGENDA BILL
CITY OF BREMERTON
2B
CITY COUNCIL
SUBJECT: Minutes of Meeting March 4, Study Session Date: N/A
2020
COUNCIL MEETING Date: April 1, 2020
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of Meeting held on March 4, 2020 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 March 4, 2020 Meeting Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, March 4, 2020
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
March 4, 2020, at 5:00 PM in Council Conference Room 603 of the N ORM D ICKS G OVERNMENT
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C ENTER, 345 6 Street, Bremerton, Washington, with Council President Eric Younger
presiding. Council Members present were Mike Simpson, Michael Goodnow, Lori Wheat, Leslie
Daugs, and Pat Sullivan. Council Member Kevin Gorman was absent. Also present were City
Attorney Roger Lubovich; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and
Dave Sorensen, Information Services Manager.
A C OUNCIL B RIEFING 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 Leslie Daugs followed by the invocation
provided by Rev. Dr. Susie Beil of Summit Avenue Presbyterian Church.
Encouraged residents to contact www.kitsappublichealth.org for more information on the
Coronavirus and prevention tips; and emphasized there have been no cases yet in Kitsap;
Provided an Update on Permit Activity and Revenue;
Jones Road by the Bremerton Family YMCA, and Charleston Boulevard at Rodgers Street; and
Was pleased with progress made on the SR304 Gateway Median Landscape Project.
PUBLIC RECOGNITION
Caroline Stein Washington State Science &
Engineering Fair that will be held Friday (grades 1 to 6) & Saturday (grades 7 to 12), on March 27
& 28 at Bremerton High School. She also said volunteers were needed to judge the projects.
Chuck Finkbiner acknowledged and expressed appreciation for Ken Hulet who will head a
Community Emergency Response Team (CERT) to provide crowd and traffic management during
t; and noted that CERT members will also manage a First Aid Booth at this
Washington State Science & Engineering Fair.
Suzanne Griffin with the Brain Injury Alliance of Washington (BIAWA) read a proclamation from
Brain Injury Awareness
indicated that more information is available at www.kitsap braininjury.org.
CONSENT AGENDA
5A Claims & Check Register: Check Numbers 388161 through 388324 and EFT-V20916
through EFT-V20962 in the amount of $1,612,344.59; Regular Payroll for the pay period
ending January 31, 2020 in the amount of $940,544.34; Regular Payroll for the pay period
ending February 15, 2020 in the amount of $867,734.05; Regular Payroll (Pay out) for the
pay period ending February 15, 2020 in the amount of $953.23; and Retiree Payroll for the
pay period ending February 29, 2020 in the amount of $58,549.17
5B Minutes of Meeting February 19, 2020
5C Minutes of Study Session February 26, 2020
5D Professional Services Agreement with Confluence Engineering Group, LLC for Iron and
Manganese Evaluation and Control Study
City Council Reg. Mtg. Minutes
Wednesday, March 4, 2020
Page 2 of 3
5E Professional Services Agreement with Confluence Engineering Group, LLC for Risk and
Resiliency Assessment; and Water System Plan Update Support
5F Contract Modification Agreement No. 3 to the Professional Services Agreement with Code
Pros, LLC for Supplemental Building Department Services; Professional Services
Agreement for Structural Engineering Plan Review; and Budget Adjustment
5G Amendment No. 1 to Master Services Agreement with Civic Plus to purchase Civic Ready
5H
05:57:22 M/S/C/U (Daugs/Sullivan) Move to approve the C ONSENT A GENDA as presented.
GENERAL BUSINESS
6A PRESENTATION ON THE 2021 TO 2025 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG)/HOME CONSOLIDATED PLAN: CDBG Program Administrator Sarah Achaoui
explained during a Power Point presentation that the City is currently working on updating its
Consolidated Plan. In compliance with the U.S. Department of Housing and Urban Development
the period 2021-
based on the Housing Market Analysis and Needs Assessment, and sets goals and strategies
toward those priorities. This plan will be submitted to HUD on November 15, 2020. The current
plan will expire on December 31, 2020.
6B ORDINANCE NO. 5394 AMENDING CHAPTER 2.28 OF THE BREMERTON MUNICIPAL
: Human Resources
Manager Charlotte Nelson summarize that the proposed ordinance updates the provisions of
Chapter 2.28 of the Bremert
Questions from the public were asked by Airen Lydick; with responses provided by City Attorney
Roger Lubovich, Ms. Nelson, and Mayor Wheeler
06:11:09 Motion was made by Goodnow; and seconded by SullivanComments and questions
were provided by Wheat, Sullivan, Daugs, and Simpson; with a response provided by Mr.
Lubovich
06:14:31 M/S/C/U (Goodnow/Sullivan) Move to pass Ordinance No. 5394 to amend Chapter 2.28
COUNCIL MEMBER REPORTS
Pat Sullivan announced the next Lions Park Shoreline Weeding Party on Saturday, March 14 from
10:00 AM to 12:00 PM; and encouraged members of the community to volunteer to serve as a
judge for the Washington State Science & Engineering Fair March 27 & 28.
Leslie Daugs invited voters to drop off their Presidential Primary ballot on Tuesday, March 10 from
7:00 AM to 8:00 PM at the new Bremerton Voting Center set up at the Marvin Williams Recreation
Center located at 725 Park Avenue; Meals on
Wheels Kitsap on Monday, March 16; and announced Census Day on April 1, and encouraged the
community to participate in the 2020 Census through the online portal that is opening on March 15.
City Council Reg. Mtg. Minutes
Wednesday, March 4, 2020
Page 3 of 3
Lori Wheat announced
opening as part of the First Friday Artwalk on Friday, March 6 at 5:00 PM at the Kitsap Historical
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Museum located at 280 4 Street; Kitsap Advocating for Immigrant Rights & Equality (KAIRE) will
1550 NE Riddell Road on Friday, March 6 from 4:00 to 7:00 PM
AM to 5:00 PM in the HSS Building at
Olympic College; and the next monthly Community Meeting in District 4 will be on Saturday, March
7 from 10:30 to 11:30 PM at First Christian Church located at 811 Veneta Avenue will feature
Council Member Leslie Daugs and also the Kitsap County 2020 Complete Count Coordinator
discussing the importance of
Michael Goodnow looked forward to the 29th
March 14 from 11:00 AM to 1:00 PM in downtown Bremerton; and announced that applications to
Monday, March 30. He also announced a few films by women will be shown this Sunday at the
Historic Roxy Theatre in honor of I
Mike Simpson was pleased to announce that he and his wife both looked forward to their first year
as volunteer WSSEF judges.
President Younger established that since there will not be another opportunity, he wore a green
tie .
With no further business, President Younger adjourned the Council Meeting at 6:35 PM.
Prepared and Submitted by:
______________________________
LORI SMITH
Legislative Office Manager
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APPROVED by the City Council on the 1 day of April, 2020.
________________________________________
ERIC YOUNGER, City Council President
Attest:
________________________________________
ANGELA WOODS, City Clerk
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AGENDA BILL
CITY OF BREMERTON
2C
CITY COUNCIL
SUBJECT: Minutes of Special Meeting & Study Session Date: N/A
Study Session March 11, 2020
COUNCIL MEETING Date: April 1, 2020
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: The Minutes of the Special Meeting & Study Session held on March 11, 2020 are
attached.
ATTACHMENTS: Special Meeting and 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 March 11, 2020 Special Meeting & Study Session Minutes as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/3/17
DIGITAL RECORDING
CITY COUNCIL SPECIAL MEETING & STUDY SESSION MINUTES
Wednesday, March 11, 2020
A Special Meeting and Study Session of the City Council of the City of Bremerton was called to
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ORM D ICKS G OVERNMENT C ENTER, 345 6Street,
Bremerton, Washington, Wednesday, March 11, 2020, at 4:00 PM, with Council President Eric
Younger presiding. Council Members present were Mike Simpson, Michael Goodnow, Lori Wheat,
Kevin Gorman, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Office Manager, was present
to provide staff support.
A. ROUNDTABLE With Council Members; Mayor Greg Wheeler; Bremerton High School
Student Advisor Scott Webb; and members of the Bremerton High School Youth Leadership
Council Stephen Malone, Ya'Mauris Irving, Kathrynn Nielson, Nolan Gannon, John
Hardgrove, Abby Queenann, and Joshua Santos.
President Younger established that the students will work together to propose a City of
Bremerton Mission, Vision, and Values Statement for the Council Members to consider at a future
date.
At 5:00 PM, the Special Meeting was adjourned; and the Council Members moved to the Council
President Younger emphasized that the Study Session was open to the public, but there would
be no opportunities for input or participation; and announced that approved items by Council will
be placed on the March 18, 2020 Council Meeting Agenda or as indicated.
B. BRIEFINGS ON AGENDA ITEMS
1. Professional Services Agreement with the Bremerton School District for a Full-Time
School
Resource Officer Consent Agenda
2. Public Works Agreement with Sabelhaus West, Inc. for Reservoir 8 Exterior Coating
Replacement Consent Agenda
3. Budget Amendment to Transfer Funds within the Street Department Budget to Purchase a
Hydraulic Breaker and Compactor for Mini Excavator Consent Agenda
4. The Local & Community Projects Program Grant Agreement with the State of Washington
Department of Commerce for the Warren Avenue Neighborhood Park & Playfield
Renovation Project Consent Agenda
C. GENERAL COUNCIL BUSINESS
o Audit Committee Briefing (03/03/20 Meeting) Chair Leslie Daugs
o General Council Business was discussed.
With no further business, President Younger adjourned the Study Session at 6:40 PM.
Prepared and Submitted by:
LORI SMITH, Legislative Office Manager
City Council Special Meeting & Study Session Minutes
Wednesday, March 11, 2020
Page 2 of 2
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APPROVED by the City Council on the 1day of April, 2020.
Eric Younger, Council President
ATTEST:
Angela Woods, City Clerk
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
2D
SUBJECT: Study Session Date: March 11, 2020
Professional Services Agreement with the
COUNCIL MEETING Date: April 1, 2020
Bremerton School District for a Full-Time
Department: Police
School Resource Officer
Presenter: Randy Plumb
Phone: (360) 473-5974
SUMMARY: Bremerton Police Department to provide security services with a full-time School
Resource Officer to assist faculty, staff, students and families within the Bremerton School District.
ATTACHMENTS: Professional Services Agreement with the Bremerton School District
FISCAL IMPACTS (Include Budgeted Amount): Bremerton School District to provide
compensation in the amount of $58,000.00 for services through June 30, 2020.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement with the Bremerton School District for a full-
time School Resource Officer; and to 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
PROFESSIONAL SERVICES AGREEMENT
January 1, 2020 through June 30, 2020.
Bremerton School District 100-C (
services:
I. Scope: The City will provide a full-time School Resource Officer (SRO) to assist
primary service areas will be Bremerton High School and Mountain View Middle
School. Assistance at other Bremerton Schools will be provided as requested. The
SRO will assume regular police duties outside of the scheduled academic calendar.
The SRO, along with the Chief of Police or his designee, will work with the District
and building administrators to provide a positive, safe environment for students and
employees, City officials will work with the District to plan and carry out in-services
for staff which will help staff learn to identify safety risks and learn appropriate
responses in unsafe situations. The SRO will work with individual students and groups
of students to encourage positive behavioral choices. The SRO will at all times follow
procedures laid out (see Policy 3226 and 3226P). District and SRO will work closely
to plan and implement specific activities designed to improve student behavioral
choices at each site. All parties agree to meet together on a regular scheduled basis.
II. Term: This agreement shall be effective January 1, 2020 through June 30, 2020.
III. Compensation: In consideration of the services provided pursuant to this Agreement,
the District shall pay the City of Bremerton Treasurer Fifty-Eight Thousand Dollars
($58,000) on or before April 30, 2020.
IV. Relationship of Parties: The SRO is an employee of the City of Bremerton Police
Department and will answer to the Police Chief.
V. Entire Agreement: This agreement constitutes the entire agreement between the
parties, and the parties acknowledge that there are no other agreements, written or oral,
that have not been set forth in the text of this agreement.
VI. Nondiscrimination: The parties shall not discriminate in employment or services to
the public on the basis of race, color, national origin, sex, religion, age, marital status,
sexual orientation or disability.
VII. Termination: This Agreement may be terminated without cause at any time by mutual
agreement of the parties hereto, or by either party after 30 days following the other
Each party shall have the right to cancel and immediately terminate this agreement
without prior notice upon breach of the Agreement by the other Party.
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Pro-rata refunds for the remaining pre-paid term of this agreement, if any, shall be
refunded to District should either party initiate termination.
VIII. Indemnification: The School District shall defend, indemnify and hold harmless the
City and its officers, agents and employees, or any of them, from any and all claims,
actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever,
arising out of any act or omission of the School District, its officers, agents, and
employees or any of them relating to or arising out of the performance of the
Agreement; however, the School District shall not defend, indemnify or hold the City
harmless of any claims, actions or suits for injury, damage or loss of any kind caused
by either intentional act(s) or the sole negligence of the City, its officer, agents and
employees, or any of them. In any action for which the School District defends the
City, the School District shall have the right to select counsel; however, the City may
against the City and the School District and their respective officers, agents and
employees, or any of them, The School District shall satisfy the same; however, in the
event that the final judgment contains any award for injury, damage or loss of any kind
caused by the intentional act(s) or the sole negligence of the City, its officers, agents
and employees, or any of them, the City shall pay that portion of the judgment
In executing this Agreement, the City does not assume liability or responsibility for, or
in any way release the School District from any liability or responsibility which arises
in whole or in part from the existence or effect of School District policies, rules or
regulations. If any cause, claim, suit, action, or administrative proceeding is
commenced, in which the enforceability and/or validity of any such School District
policy, rule or regulation is at issue, the School District shall defend the same at its sole
expense and if judgment is entered or damages are awarded against the School District,
the City or both, the School District shall satisfy the same, including all chargeable
The City shall defend, indemnify and hold harmless the School District and its officers,
directors, agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, out of any act or
omission of the City, its officers, agents and employees, or any of them in the
performance of this Agreement; however, the City shall not defend, indemnify or hold
the School District harmless from any claims, actions or suits for injury, damage or loss
of any kind caused by either intentional act(s) or the sole negligence of the School
District, its officers, directors, agents and employees or any of them. In any action for
which the City defends the School District, the City shall have the right to select
counsel; however, the School District may associate additional counsel at the School
judgment contains any award for injury or loss of any
kind caused by the intentional act(s) or the sole negligence of the School District, its
officers, directors, agents and employees or any of them, the School District shall pay
that portion of the judgment.
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IX. Venue Stipulation: The laws of the State of Washington shall be applicable to the
construction and enforcement of this Agreement. Any action at law, suit in equity, or
judicial proceeding for the enforcement of this Agreement or any provision herein shall
be instituted in Kitsap County, Washington.
CITY OF BREMERTON BREMERTON SCHOOL DISTRICT 100-C
______________________________ __________________________________
GREG WHEELER, Mayor By: ______________________________
Its: _______________________________
DATE: ________________________ DATE: ____________________________
_______________________________ __________________________________
JAMES BURCHETT, Police Chief Board Member
Date: __________________________ Date: ______________________________
APPROVED AS TO FORM:
_______________________________
ROGER A. LUBOVICH, City Attorney
Date: __________________________
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
2E
SUBJECT: Study Session Date: March 11, 2020
Public Works Agreement with Sabelhaus COUNCIL MEETING Date: April 1, 2020
West, Inc. for Reservoir 8 Exterior Coating
Department: Engineering
Replacement
Presenter: Bill Davis
Phone: (360) 473-2312
SUMMARY: Reservoir 8 is a 2.5 million gallon steel water reservoir located at 7300 Werner Road.
An exterior coating assessment report was prepared by Northwest Corrosion Engineering in early
2019 which included recommendations for recoating of the exterior of this reservoir. The exterior of
the reservoir will be abrasive blasted to remove the existing coating and a new coating system will be
applied.
Bids were opened on February 27, 2020. Five (5) bids were received. Sabelhaus West, Inc. was the
lowest responsible, responsive bidder in the amount of $491,421.16 (which includes sales tax).
ATTACHMENTS: 1) Public Works Agreement; 2) Location Map; 3) Bid Schedule; 4) Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2020 Water Capital
Budget.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to award the construction contract for Reservoir 8 Exterior Coating Replacement to
Sabelhaus West, Inc. in the amount of $491,421.16; 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
3%#4)/. ΏΏΔΏΏ
AGREEMENT
THIS AGREEMENT is dated the day of in the year 2020 by
and between #¨³¸ ®¥ "±¤¬¤±³® (hereinafter called OWNER) and
(Hereinaftercalled CONTRACTOR).
OWNER 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 OWNER's Contract
Documents entitled 2%3%26/)2 Η – %84%2)/2 #/!4).' 2%0,!#%-%.4
ARTICLE 2. CONTRACT TIMES.
Substantial Completion for the WORK must be achieved not later than 100 ¢ «¤£ ± £ ¸² from the
date of Notice to Proceed. Final Completion and Acceptance of the Work must be achieved not later
than 30 calendar days after Substantial Completion.
ARTICLE 3. LIQUIDATED DAMAGES.
OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the
OWNER 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 Article 12 of the General Conditions
and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in
proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on
time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER $750
for each day that expires after the time specified in Article 2.
ARTICLE 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract
Documents in current funds the amount set forth in the Bid Schedule(s).
ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
____________ (Contractor Initials)
RESERVOIR 8 –EXTERIOR COATING REPLACEMENTAGREEMENT
FEBRUARY202000500-1
ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the WORK consist of this Agreement (Section 00500) and the following attachments to
this Agreement:
Notice Inviting Bids (Section 00030).
Instructions to Bidders (Section 00100).
Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all
required certificates and affidavits (Section 00300).
Performance Bond (Section 00610).
Payment Bond (Section 00620).
General Conditions (Section 00700).
Supplementary General Conditions (Section 00800).
Technical Specifications as listed in the Table of Contents, including appendices.
Drawings as listed in the List of Drawings.
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 Paragraph 3.04 of the General Conditions.
ARTICLE 7. WAIVER OF IMMUNITY.
The CONTRACTOR and OWNER 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. The CONTRACTOR and OWNER
acknowledge and agree to the requirements for indemnification in paragraphs 00700 6.20 and
00800 SC-6.20. The provisions of this article shall survive the termination or expiration of this
agreement.
ARTICLE 8. SUSPENSION OF WORK AND TERMINATION
The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement as
indicated in Article 15 of Section 00700 (Standard General Conditions) and Section 00800
(Supplementary Conditions).
_______________ (Contractor Initials)
RESERVOIR 8 –EXTERIOR COATING REPLACEMENTAGREEMENT
FEBRUARY202000500-2
ARTICLE 9. 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 OWNER, 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
OWNER 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.
OWNER 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, OWNER and CONTRACTOR have caused this Agreement to be executed the
day and year first above written.
OWNER: City of Bremerton CONTRACTOR
(Signature) (Signature)
By
By Greg Wheeler, Mayor
(Printed name) (Printed name) \[CORPORATE SEAL\]
Attest Attest
Address for giving notices Address for giving notices
City of Bremerton, Engineering,
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345 6 St, Suite 100, _ _____________________________________________________
Bremerton WA 98337 ______________________________________________________
License No.
Approved as to Form: Agent for service of process:
(Signature, City Attorney) (Signature and Title)
RESERVOIR 8 –EXTERIOR COATING REPLACEMENTAGREEMENT
FEBRUARY202000500-3
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
2F
SUBJECT: Study Session Date: March 11, 2020
Budget Amendment to Transfer Funds within COUNCIL MEETING Date: April 1, 2020
the Street Department Budget to Purchase a
Department: PW&U
Hydraulic Breaker and Compactor for the
Presenter: M. Hawkins-Bates
Mini Excavator
Phone: (360) 473-5333
SUMMARY:
The Street Department has requested approval to purchase a hydraulic breaker and compactor for
the departments mini excavator. This equipment will significantly assist with our sidewalk program.
In the past we have borrowed the Water Utilities equipment, and have instances where both
Divisions need the equipment at the same time. The purchase price for the equipment is $18,720.11
including Washington State sales tax. It was not budgeted within the 2020 budget but there is
personnel savings this year that will cover the expense.
ATTACHMENTS:
Quote
Brochure
FISCAL IMPACTS (Include Budgeted Amount):
There are sufficient funds in the Street Department budget.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve a budget amendment to transfer funds from Personnel to Supplies and Capital
within the Street Department Budget.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 2G
SUBJECT: The Local & Community Study Session Date: March 11, 2020
Projects Program Grant Agreement with the
COUNCIL MEETING Date: April 1, 2020
State of Washington Department of
Department: Parks & Recreation
Commerce for the Warren Avenue
Presenter: Jeff Elevado
Neighborhood Park & Playfield Renovation
Phone: (360) 473-5428
Project
SUMMARY: The attached Department of Commerce Local and Community Projects Program Grant
Agreement will provide $201,880 to assist in the renovation of Warren Avenue Park and Playfield.
Improvements include accessible pathways, restroom, paved parking lot, and play area. The site will
receive new landscaping, picnic shelter, and sports field lighting upgrades. This grant requires no
matching funds and will be combined with two other State of Washington RCO grants to fund the
project.
ATTACHMENTS: 1) Department of Commerce Grant Agreement; 2) Warren Avenue Park and
Playfield Site Plan
FISCAL IMPACTS (Include Budgeted Amount): This $201,880 grant requires no matching funds
and will be combined with a $500k RCO Local Parks, $350kRCO Youth Athletic Facilities Grants,
$25k Cash Donation, Force Account Labor and REET to fund the estimated $1.3M project.
STUDY SESSION AGENDA: Limited Presentation Full Presentation
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to authorize the Mayor to enter into the Agreement with the State of Washington Department of
Commerce Grant for the Warren Avenue Park and Playfield Renovation Project; and 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
Grant to
City of Bremerton
through
The Local and Community Projects Program
For
Warren Avenue Playfield
Start date: July 1, 2019
Washington State Department of Commerce
www.commerce.wa.gov
TABLE OF CONTENTS
FACE SHEET ................................................................................................................................................ 2
DECLARATIONS .......................................................................................................................................... 4
SPECIAL TERMS AND CONDITIONS ......................................................................................................... 6
1. GRANT MANAGEMENT ................................................................................................................... 6
2. COMPENSATION ............................................................................................................................. 6
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES ......................................................... 6
4. PREVAILING WAGE LAW ................................................................................................................ 7
5. DOCUMENTATION AND SECURITY .............................................................................................. 7
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES ............................................................................................ 7
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT .................................................................... 7
8. BILLING PROCEDURES AND PAYMENT ....................................................................................... 8
9. SUBCONTRACTOR DATA COLLECTION ....................................................................................... 9
10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT ...................................... 9
11. INSURANCE ..................................................................................................................................... 9
12. ORDER OF PRECEDENCE ........................................................................................................... 11
13. REDUCTION IN FUNDS ................................................................................................................. 11
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES ...................................................................... 11
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY ............................. 11
16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE ............................. 12
17. SIGNAGE, MARKERS AND PUBLICATIONS ................................................................................ 12
18. HISTORICAL AND CULTURAL ARTIFACTS ................................................................................. 12
19. REAPPROPRIATION ...................................................................................................................... 13
20. TERMINATION FOR FRAUD OR MISREPRESENTATION .......................................................... 13
GENERAL TERMS AND CONDITIONS ..................................................................................................... 14
21. DEFINITIONS.................................................................................................................................. 14
22. ACCESS TO DATA ......................................................................................................................... 14
23. ADVANCE PAYMENTS PROHIBITED ........................................................................................... 14
24. ALL WRITINGS CONTAINED HEREIN .......................................................................................... 14
25. AMENDMENTS ............................................................................................................................... 14
26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
................................................................................ 15
27. ASSIGNMENT................................................................................................................................. 15
28. ....................................................................................................................... 15
29. AUDIT .............................................................................................................................................. 15
30. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION .......................................................... 16
31. CONFLICT OF INTEREST ............................................................................................................. 16
32. COPYRIGHT PROVISIONS ........................................................................................................... 17
33. DISPUTES ...................................................................................................................................... 17
34. DUPLICATE PAYMENT .................................................................................................................. 18
i
35. GOVERNING LAW AND VENUE ................................................................................................... 18
36. INDEMNIFICATION ........................................................................................................................ 18
37. INDEPENDENT CAPACITY OF THE GRANTEE ........................................................................... 18
38. INDUSTRIAL INSURANCE COVERAGE ....................................................................................... 18
39. LAWS .............................................................................................................................................. 18
40. LICENSING, ACCREDITATION AND REGISTRATION................................................................. 18
41. LIMITATION OF AUTHORITY ........................................................................................................ 19
42. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................................ 19
43. PAY EQUITY ................................................................................................................................... 19
44. POLITICAL ACTIVITIES ................................................................................................................. 19
45. PUBLICITY ...................................................................................................................................... 19
46. RECAPTURE .................................................................................................................................. 19
47. RECORDS MAINTENANCE ........................................................................................................... 20
48. REGISTRATION WITH DEPARTMENT OF REVENUE................................................................. 20
49. RIGHT OF INSPECTION ................................................................................................................ 20
50. SAVINGS ........................................................................................................................................ 20
51. SEVERABILITY ............................................................................................................................... 20
52. SITE SECURITY ............................................................................................................................. 20
53. SUBGRANTING/SUBCONTRACTING ........................................................................................... 20
54. SURVIVAL ....................................................................................................................................... 21
55. TAXES ............................................................................................................................................. 21
56. TERMINATION FOR CAUSE ......................................................................................................... 21
57. TERMINATION FOR CONVENIENCE ........................................................................................... 21
58. TERMINATION PROCEDURES ..................................................................................................... 21
59. TREATMENT OF ASSETS ............................................................................................................. 22
60. WAIVER .......................................................................................................................................... 22
ATTACHMENT A - SCOPE OF WORK ...................................................................................................... 24
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT.................................................................................................................................................... 26
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
.................................................................................................................................................................... 28
ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THELEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS .......................................................... 30
ii
FACE SHEET
Grant Number: 20-96627-280
Project Name: Warren Avenue Playfield
Washington State Department of Commerce
Local Government Division
Community Assistance and Research Unit
1. GRANTEE 2. GRANTEE Doing Business As (optional)
City of Bremerton N/A
345 6th Street, Suite 100
Bremerton, WA 98337
3. GRANTEE Representative 4. COMMERCE Representative
Colette Berna Manager
Park Preservation & Development Manager PO Box 42525, Olympia, WA 98504
(360) 473-5429 (360) 810-0185
Colette.Berna@ci.bremerton.wa.us Karma.ShannonLawson@commerce.wa.gov
5. Grant Amount 6. Funding Source 7. Start Date 8. End Date
$201,880.00 Federal: State:X Other: N/A: July 1, 2019 June 30, 2023
(subject to reappropriation)
9. Federal Funds (as applicable) Federal Agency CFDA Number
N/A N/A
N/A
10. Tax ID # 11. SWV # 12. UBI # 13. DUNS #
XXXXXXXXXXXXXX 181007710 556846970
SWV0000221-00
14. Grant Purpose
The outcome of this performance-based Grant Agreement is to undertake a legislatively approved project that furthers the
goals and objectives of Washington State Direct Appropriations Program as referenced in Attachment A Scope of Work.
COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above,
acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start
as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this
Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment
Certification of Availa
Certification of Intent to Enter LEED
Process.
FOR GRANTEE FOR COMMERCE
Signature Mark K. Barkley, Assistant Director
Local Government Division
Print Name
Date
Title APPROVED AS TO FORM
Date Luke Eaton, Assistant Attorney General
8/13/2019
Date
1
2
DECLARATIONS
GRANTEE INFORMATION
City of Bremerton
GRANTEE Name:
Grant Number: 20-96627-280
State Wide Vendor Number: SWV0000221-00
PROJECT INFORMATION
Project Name: Warren Avenue Playfield
Project City: Bremerton
Project State: Washington
Project Zip Code: 98337
GRANT AGREEMENT INFORMATION
$201,880.00
Grant Amount:
Appropriation Number: SHB 1102 SL Section 1042 (2019 Regular
Session)
Re-appropriation Number (if applicable): N/A
Grant End Date: June 30, 2023 (subject to reappropriation)
Biennium: 2019-2021
Biennium Close Date: June 30, 2021
Earliest Date for Construction Reimbursement: July 1, 2016
ADDITIONAL SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT
N/A
3
4
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
THIS GRANT AGREEMENT, entered into by and between the GRANTEE and COMMERCE, as defined
on the Face Sheet of this Grant Agreement, WITNESSES THAT:
WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050 (5) to cooperate
with and provide assistance to local governments, businesses, and community-based
organizations; and
WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs
which are assigned to COMMERCE by the Governor or the Washington State Legislature; and
WHEREAS, the Washington State Legislature has made an appropriation to support the Local
and Community Projects Program, and directed COMMERCE to administer those funds; and
WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive
funding for design, acquisition, construction, or rehabilitation (a venture hereinafter referred to as
NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter
contained, the parties hereto agree as follows:
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their contact information are identified on the Face
Sheet of this Grant.
The Representative for the GRANTEE and their contact information are identified on the Face
Sheet of this Grant.
2. COMPENSATION
COMMERCE shall pay an amount not to exceed the awarded Grant Amount as shown on the Face
Sheet of this Grant Agreement, for the capital costs necessary for or incidental to the performance of
work as set forth in the Scope of Work.
3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES
A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE
certifying that it has expended or has access to funds from non-state sources as set forth in
ATTACHMENT B (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT), hereof. Such non-state sources may consist of a combination of any of the following:
i) Eligible Project expenditures prior to the execution of this Grant Agreement.
ii) Cash dedicated to the Project.
iii) Funds available through a letter of credit or other binding loan commitment(s).
iv) Pledges from foundations or corporations.
v) Pledges from individual donors.
vi) The value of real property when acquired solely for the purposes of this Project, as
established and evidenced by a current market value appraisal performed by a licensed,
professional real estate appraiser, or a current property tax statement. COMMERCE will
not consider appraisals for prospective values of such property for the purposes of
calculating the amount of non-state matching fund credit.
vii) In-
5
B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has
expended funds from such non-state sources, and shall make such records available for
COMM
4. PREVAILING WAGE LAW
The Project funded under this Grant may be subject to state prevailing wage law (Chapter 39.12
RCW). The GRANTEE is advised to consult the Industrial Statistician at the Washington Department
of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not
responsible for determining whether prevailing wage applies to this Project or for any prevailing wage
payments that may be required by law.
5. DOCUMENTATION AND SECURITY
The provisions of this section shall apply to capital projects performed by nonprofit organizations that
involve the expenditure of over $500,000 in state funds. Projects for which the grant award or
legislative intent documents specify that the state funding is to be used for design only are exempt
from this section.
A. Deed of Trust. This Grant shall be evidenced by a promissory note and secured by a deed of
trust or othe
Deed of Trust shall be recorded in the County where the Project is located, and the original
returned to COMMERCE after recordation within ninety (90) days of Grant Agreement execution.
The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any
Project costs. The amount secured by the Deed of Trust shall be the amount of the Grant as set
forth on the Face Sheet, hereof.
B. Term of Deed of Trust. The Deed of Trust shall remain in full force and effect for a period of ten
(10) years following the final payment of state funds to the GRANTEE under this grant. Upon
satisfaction of the ten-year term requirement and all other grant terms and conditions,
COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey
the Deed of Trust.
C. Title Insurance.
insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of
the grant.
D. Subordination. COMMERCE may agree to subordinate its deed of trust upon request from a
private or public lender. Any such request shall be submitted to COMMERCE in writing, and
COMMERCE shall respond to the request in writing within thirty (30) days of receiving the
request.
6. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL
PROPERTY PERFORMANCE MEASURES
When the grant is used to fund the acquisition of real property, the value of the real property
eligible for reimbursement under this grant shall be established as follows:
A. GRANTEE purchases of real property from an independent third-party seller shall be evidenced
by a current appraisal prepared by a licensed Washington State commercial real estate
appraiser, or a current property tax statement.
B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC,
shall be evidenced by a current appraisal prepared by a licensed Washington State commercial
real estate appraiser or the prior purchase price of the property plus holding costs, whichever is
less.
7. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT
Payments to the Grantee shall be made on a reimbursement basis only. Costs incurred on or after
the EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT as shown on the Declarations
page are eligible for reimbursement under this Grant Agreement. The GRANTEE may be reimbursed
for the following eligible costs related to the activities identified in the SCOPE OF WORK shown on
Attachment A.
6
A. Real property, and costs directly associated with such purchase, when purchased or acquired
solely for the purposes of the Project;
B. Design, engineering, architectural, and planning;
C. Construction management and observation (from external sources only);
D. Construction costs including, but not limited to, the following:
Site preparation and improvements;
Permits and fees;
Labor and materials;
Taxes on Project goods and services;
Capitalized equipment;
Information technology infrastructure; and
Landscaping.
E. Other costs authorized through the legislation
8. BILLING PROCEDURES AND PAYMENT
COMMERCE shall reimburse the GRANTEE for eligible Project expenditures, up to the maximum
payable under this Grant Agreement. When requesting reimbursement for expenditures made, the
GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that
documents capitalized Project activity performed for the billing period. The GRANTEE can submit all
Invoice Vouc
Management System (CMS), which is available through the Secure Access Washington (SAW)
portal.
The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice
received from vendors providing Project goods or services covered by the Grant Agreement. The
GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds
transfer, as applicable, that confirms that they have paid each expenditure being claimed. The
cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the
voucher is initially submitted, or within thirty (30) days thereafter.
The voucher must be certified (signed) by an official of the GRANTEE with authority to bind the
GRANTEE. The final voucher shall be submitted to COMMERCE within sixty (60) days following the
completion of work or other termination of this Grant Agreement, or within fifteen (15) days following
the end of the state biennium unless Grant Agreement funds are reappropriated by the Legislature in
accordance with Section 19, hereof.
Each request for payment must be accompanied by a Project Status Report, which describes, in
narrative form, the progress made on the Project since the last invoice was submitted, as well as a
report of Project status to date. COMMERCE will not release payment for any reimbursement
request received unless and until the Project Status Report is received. After approving the Invoice
Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE.
COMMERCE will pay GRANTEE upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE not more often
than monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
GRANTEE.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
GRANTEE for services rendered if the GRANTEE fails to satisfactorily comply with any term or
condition of this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
7
Duplication of Billed Costs
The GRANTEE shall not bill COMMERCE for services performed under this Grant Agreement, and
COMMERCE shall not pay the GRANTEE, if the GRANTEE is entitled to payment or has been or will
be paid by any other source, including grants, for that service.
Disallowed Costs
The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
9. SUBCONTRACTOR DATA COLLECTION
GRANTEE will submit reports, in a form and format to be provided by COMMERCE and at intervals
as agreed by the parties, regarding work under this Grant performed by subcontractors and the
portion of Grant funds expended for work performed by subcontractors, including but not necessarily
limited to minority-owned, woman-owned, and veteran-owned business subcontractors.
10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT
The GRANTEE shall complete a Certified Project Completion Report when activities identified in the
SCOPE OF WORK shown on Attachment A are complete.
The GRANTEE shall provide the following information to COMMERCE:
A. A certified statement that the Project, as described in the SCOPE OF WORK shown on Attachment
A, is complete and, if applicable, meets required standards.
B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the
project as described in the SCOPE OF WORK shown on Attachment A.
C. Certification that all costs associated with the Project have been incurred and accounted for. Costs
are incurred when goods and services are received and/or Grant work is performed.
D. A final voucher for the remaining eligible funds, including any required documentation.
The GRANTEE will submit the Certified Project Completion Report together with the last Invoice
Voucher for a sum not to exceed the balance of the Grant Amount.
11. INSURANCE
The GRANTEE shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state of Washington should there be any claims, suits, actions, costs,
damages or expenses arising from any loss, or negligent or intentional act or omission of the
GRANTEE, or Subgrantee, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
insurance. The GRANTEE shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation or modification.
The GRANTEE shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date,
a certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the GRANTEE shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The GRANTEE shall provide insurance coverage that shall be maintained in full force and effect
during the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance
Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect
against legal liability arising out of Grant activity but no less than $1,000,000 per occurrence.
8
Additionally, the GRANTEE is responsible for ensuring that any Subgrantee/subcontractor provide
adequate insurance coverage for the activities arising out of subgrants/subcontracts.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of
vehicles, owned or operated by the GRANTEE or its Subgrantee/subcontractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence,
using a Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The GRANTEE shall maintain
Professional Liability or Errors and Omissions Insurance. The GRANTEE shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the GRANTEE and licensed
staff employed or under contract to the GRANTEE. The state of Washington, its agents, officers, and
employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of
the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be insured to
provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $2,000,000 or the highest
of planned reimbursement for the Grant period, whichever is lowest. Fidelity insurance secured
pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this Grant
shall secure fidelity insurance as noted above. Fidelity insurance secured by
Subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the
C. The
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
GRANTEES and Local Governments that Participate in a Self-Insurance Program.
Self-Insured/Liability Pool or Self-Insured Risk Management Program With prior approval from
COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or
self-insured risk management program. In order to obtain permission from COMMERCE, the
GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or
letter of coverage that outlines coverage limits and deductibles. All self-insured risk management
programs or self-insured/liability pool financial reports must comply with Generally Accepted
Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental
Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the
joint risk pools shall maintain sufficient documentation to support the aggregate claim liability
information reported on the balance sheet. The state of Washington, its agents, and employees need
not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited
from naming third parties as additional insured.
GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self
insurance, evidencing continued coverage -insured/liability pool or self-insured
risk management program. Such annual summary of coverage and letter of self insurance will be
provided on the anniversary of the start date of this Agreement.
9
12. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
Applicable federal and state of Washington statutes and regulations
Declarations page of this Grant Agreement
Special Terms and Conditions
General Terms and Conditions
Attachment A Scope of Work
Attachment B Certification of the Availability of Funds to Complete the Project
Attachment C Certification of the Payment and Reporting of Prevailing Wages
Attachment D Certification of Intent to Enter the Leadership in Energy and Environmental
Design (LEED) Certification Process
13. REDUCTION IN FUNDS
In the event state funds appropriated for the work contemplated under this Grant Agreement are
withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature during
the Grant Agreement period, the parties hereto shall be bound by any such revised funding limitations
as implemented at the discretion of COMMERCE, and shall meet and renegotiate the Grant
Agreement accordingly.
14. OWNERSHIP OF PROJECT/CAPITAL FACILITIES
COMMERCE makes no claim to any real property improved or constructed with funds awarded under
this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the
capital facilities and/or equipment constructed or purchased with state funds under this Grant
Agreement; provided, however, that COMMERCE may be granted a security interest in real property,
to secure funds awarded under this Grant Agreement. This provision does not extend to claims that
COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this
Grant Agreement.
15. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY
A. The GRANTEE understands and agrees that any and all real property or facilities owned by the
GRANTEE that are acquired, constructed, or otherwise improved by the GRANTEE using state
funds under this Grant Agreement, shall be held and used by the GRANTEE for the purpose or
purposes stated elsewhere in this Grant Agreement for a period of at least ten (10) years from the
date the final payment is made hereunder.
B. This provision shall not be construed to prohibit the GRANTEE from selling any property or
properties described in this section; Provided, that any such sale shall be subject to prior review
and approval by COMMERCE, and that all proceeds from such sale shall be applied to the
purchase price of a different facility or facilities of equal or greater value than the original facility
and that any such new facility or facilities will be used for the purpose or purposes stated
elsewhere in this Grant Agreement.
C. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general obligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 46 (Recapture provision).
10
16. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE
A. The GRANTEE understands and agrees that any facility leased by the GRANTEE that is
constructed, renovated, or otherwise improved using state funds under this Grant Agreement
shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant
Agreement for a period of at least ten (10) years from the date the final payment is made
hereunder.
B. In the event the GRANTEE is found to be out of compliance with this section, the GRANTEE shall
repay to the state general fund the principal amount of the grant as stated on the Face Sheet,
hereof, plus interest calculated at the rate of interest on state of Washington general obligation
bonds issued most closely to the effective date of the legislation in which the subject facility was
authorized. Repayment shall be made pursuant to Section 46 (Recapture Provision).
17. SIGNAGE, MARKERS AND PUBLICATIONS
If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any
communication, publication, or donor recognition identifying the financial participants in the Project,
participant.
18. HISTORICAL AND CULTURAL ARTIFACTS
Prior to approval and disbursement of any funds awarded under this Grant Agreement, GRANTEE
-05, where applicable, or
GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if
applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance
with all laws, regulations, and agreements related to the preservation of historical or cultural
resources and agrees to hold harmless COMMERCE and the state of Washington in relation to any
claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of
the project funded by this Grant Agreement.
In addition to the requirements set forth in this Grant Agreement, GRANTEE shall, in accordance with
-05, coordinate with COMMERCE and the Washington State
including any recommended
consultation with any affected tribe(s), during Project design and prior to construction to determine the
existence of any tribal cultural resources affected by the Project. GRANTEE agrees to avoid,
minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds
under this Grant Agreement.
The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and
cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are
discovered during construction, the GRANTEE shall immediately stop construction and notify the
local historical preservation officer and the state's historical preservation officer at DAHP, and the
COMMERCE Representative identified on the Face Sheet. If human remains are uncovered, the
GRANTEE shall report the presence and location of the remains to the coroner and local enforcement
immediately, then contact DAHP and the concerned tribe's cultural staff or committee.
The GRANTEE shall require this provision to be contained in all subcontracts for work or services
related to the Scope of Work attached hereto.
In addition to the requirements set forth in this Grant Agreement, GRANTEE agrees to comply with
RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and
Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and
WAC 25-48 regarding Archaeological Excavation and Removal Permits.
Completion of the requirements of Section 106 of the National Historic Preservation Act shall
-05.
11
In the event that the GRANTEE finds it necessary to amend the Scope of Work the GRANTEE may
be required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National
Historic Preservation Act.
19. REAPPROPRIATION
A. The parties hereto understand and agree that any state funds not expended by the BIENNIUM
CLOSE DATE listed on the Declarations page will lapse on that date unless specifically
reappropriated by the Washington State Legislature. If funds are so reappropriated, the state's
obligation under the terms of this Grant Agreement shall be contingent upon the terms of such
reappropriation.
B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future
biennium, COMMERCE reserves the right to assign a reasonable share of any such
reappropriation for administrative costs.
20. TERMINATION FOR FRAUD OR MISREPRESENTATION
In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the
Grant application or during the performance of this Grant Agreement, COMMERCE reserves the
right to terminate or amend this Grant Agreement accordingly, including the right to recapture all
funds disbursed to the GRANTEE under the Grant.
12
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
STATE FUNDS
21. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A.
B.
C. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this
Grant, and shall include all employees and agents of the GRANTEE.
D.
s, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E.
F. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is
performing all or part of those services under this Grant under a separate Grant with the
G. ean a non-federal entity that expends federal awards received from a pass-
through entity to carry out a federal program, but does not include an individual that is a beneficiary
of such a program. It also excludes vendors that receive federal funds in exchange for goods and/or
services in the course of normal trade or commerce.
H.
COMMERCE; provides services under the grant only to those beneficiaries individually determined
to be eligible by COMMERCE and, provides services on a fee-for-service or per-unit basis with
contractual penalties if the entity fails to meet program performance standards.
I. COMMERCE
and the GRANTEE, including any Attachments, Exhibits, documents, or materials incorporated by
reference.
22. ACCESS TO DATA
In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
the
methodology for those models.
23. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant shall
be made by COMMERCE.
24. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
25. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
13
26. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO
The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
27. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
GRANTEE without prior written consent of COMMERCE.
28.
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
29. AUDIT
A. General Requirements
COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit
services based on the following guidelines.
The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure
that subgrantees also maintain auditable records.
The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of
its subgrantees.
COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from
the audit.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The GRANTEE must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. State Funds Requirements
In the event an audit is required, if the GRANTEE is a state or local government entity, the Office
of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be
conducted by a certified public accountant selected by the GRANTEE.
The GRANTEE shall include the above audit requirements in any subcontracts.
C. Documentation Requirements
The GRANTEE must send a copy of the audit report described above no later than nine (9)
comacctoffice@commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Accounting Services
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the GRANTEE must include:
Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
Copy of the Management Letter.
If the GRANTEE is required to obtain a Single Audit consistent with Circular A-133 requirements,
a copy must be provided to COMMERCE; no other report is required.
14
30. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A.
1.
COMMERCE;
2.
and
3. All personal information in the possession of the GRANTEE that may not be disclosed under
ent services,
Portability and Accountability Act of 1996 (HIPAA).
B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer,
sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information
solely for the purposes of this Grant and shall not use, share, transfer, sell or disclose any
Confidential Information to any third party except with the prior written consent of COMMERCE or
as may be required by law. The GRANTEE shall take all necessary steps to assure that
Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or
disclosure of Confidential Information or violation of any state or federal laws related thereto.
Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on
confidentiality. COMMERCE may require changes to such policies and procedures as they apply
to this Grant whenever COMMERCE reasonably determines that changes are necessary to
prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period
specified by COMMERCE. Upon request, the GRANTEE shall immediately return to
COMMERCE any Confidential Information that COMMERCE reasonably determines has not
been adequately protected by the GRANTEE against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
31. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is
found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapters 42.52 RCW and 42.23 RCW; or any similar statute involving the GRANTEE in
the procurement of, or performance under this Grant Agreement.
Specific restrictions apply to contracting with current or former state employees pursuant to chapter
42.52 of the Revised Code of Washington. The GRANTEE and their subcontractor(s) must identify
any person employed in any capacity by the state of Washington that worked on this Grant, or any
matter related to the project funded under this Grant or any other state funded project, including but
not limited to formulating or drafting legislation, participating in grant procurement, planning and
execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date
of this Grant. Identify the individual by name, the agency previously or currently employed by, job title
or position held, and separation date. If it is determined by COMMERCE that a conflict of interest
exists, the GRANTEE may be disqualified from further consideration for the award of a Grant.
In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to
pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the
Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in this
clause shall not be exclusive and are in addition to any other rights and remedies provided by law.
The existence of facts upon which COMMERCE makes any determination under this clause shall be
15
32. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
GRANTEE hereby irrevocably assigns all right, title, and
interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
l items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
atent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the GRANTEE hereby grants to COMMERCE a nonexclusive, royalty-free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants
and represents that the GRANTEE has all rights and permissions, including intellectual property
rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE.
The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of
infringement received by the GRANTEE with respect to any Materials delivered under this Grant.
COMMERCE shall have the right to modify or remove any restrictive markings placed upon the
Materials by the GRANTEE.
33. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
be in writing;
state the disputed issues;
state the relative positions of the parties;
state the GRANTEE's name, address, and Grant number; and
) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
thin five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
16
34. DUPLICATE PAYMENT
COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of
Washington or any other party under any other Grant, subgrant/subcontract, or agreement, for the
same services or expenses.
35. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
36. INDEMNIFICATION
To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
loss, claim,
for bodily injury, sickness, disease, or death, or injury to or the destruction of tangible property
including loss of use resulting therefrom.
ligation to indemnify, defend, and hold harmless includes any claim by
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The GRANTEE waives its immunity under Title 51 RCW to the extent it is required to indemnify,
defend and hold harmless the state and its agencies, officers, agents or employees.
37. INDEPENDENT CAPACITY OF THE GRANTEE
The parties intend that an independent contractor relationship will be created by this Grant. The
GRANTEE and its employees or agents performing under this Grant Agreement are not employees or
agents of the state of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim
to be an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will
the GRANTEE make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the GRANTEE.
38. INDUSTRIAL INSURANCE COVERAGE
The GRANTEE shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If
the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on
behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the
full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by
COMMERCE under this Grant Agreement, and transmit the deducted amount to the Department of
Labor and Industries, (L&I) Division of Insurance Services. This provision do
rights to collect from the GRANTEE.
39. LAWS
The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations and policies of
local and state and federal governments, as now or hereafter amended.
40. LICENSING, ACCREDITATION AND REGISTRATION
The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Grant Agreement.
17
41. LIMITATION OF AUTHORITY
Only
be made prior to action) shall have the express, implied, or apparent authority to alter, amend,
modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration,
amendment, modification, or waiver or any clause or condition of this Grant Agreement is not
effective or binding unless made in writing and signed by the Authorized Representative.
42. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the GRANTEE shall comply with all federal, state, and local
-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the GRANTEE may be declared ineligible for further
Grants with COMMERCE. The GRANTEE shall, however, be given a reasonable time in which to
cure this noncompliance
set forth herein.
43. PAY EQUITY
compensated as equals, consistent with the following:
a.
performance of the job requires comparable skill, effort, and responsibility, and the jobs are
performed under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed;
b. GRANTEE may allow differentials in compensation for its workers if the differentials are based in
good faith and on any of the following:
(i) A seniority system; a merit system; a system that measures earnings by quantity or quality
of production; a bona fide job-related factor or factors; or a bona fide regional difference in
compensation levels.
(ii) A bona fide job-related factor or factors may include, but not be limited to, education,
training, or experience that is: Consistent with business necessity; not based on or derived
from a gender-based differential; and accounts for the entire differential.
(iii) A bona fide regional difference in compensation level must be: Consistent with business
necessity; not based on or derived from a gender-based differential; and account for the
entire differential.
This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of
Enterprise services determines that the GRANTEE is not in compliance with this provision.
44. POLITICAL ACTIVITIES
Political activity of GRANTEE employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17a RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
45. PUBLICITY
The GRANTEE agrees not to publish or use any advertising or publicity materials in which the state of
inferred or implied, without the
prior written consent of COMMERCE.
46. RECAPTURE
In the event that the GRANTEE fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
18
Repayment by the GRANTEE of funds under this recapture provision shall occur within the time
period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from
payments due under this Grant.
47. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating to this
Grant and performance of the services described herein, including but not limited to accounting
procedures and practices that sufficiently and properly reflect all direct and indirect costs of any
nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final payment. At
no additional cost, these records, including materials generated under the Grant, shall be subject at
all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by
COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law,
regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records
shall be retained until all litigation, claims, or audit findings involving the records have been resolved.
48. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the GRANTEE shall complete registration with the Washington State Department
of Revenue.
49. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance
under this Grant.
50. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
51. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal or invalid
for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of
the Grant.
52. SITE SECURITY
While on COMMERCE premises, GRANTEE, its agents, employees, or subcontractors shall conform
in all respects with physical, fire or other security policies or regulations.
53. SUBGRANTING/SUBCONTRACTING
Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for
any of the work contemplated under this Grant Agreement without obtaining prior written approval of
COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce
duties. This clause does not include Grants of employment between the GRANTEE and personnel
assigned to work under this Grant.
19
Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances and
certifications set forth in this agreement are carried forward to any subgrants/subcontracts. GRANTEE
and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise
make known to unauthorized persons personal information without the express written consent of
COMMERCE or as provided by law.
54. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
55. TAXES
income or gross receipts, any other taxes, insurance or expenses for the GRANTEE or its staff shall
be the sole responsibility of the GRANTEE.
56. TERMINATION FOR CAUSE
In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this
Grant in a timely manner, COMMERCE has the right to suspend or terminate this Grant. Before
suspending or terminating the Grant, COMMERCE shall notify the GRANTEE in writing of the need to
take corrective action. If corrective action is not taken within 30 calendar days, the Grant may be
terminated or suspended.
In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by
law including, but not limited to, any cost difference between the original Grant and the replacement
or cover Grant and all administrative costs directly related to the replacement Grant, e.g., cost of the
competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further payments, or
prohibit the GRANTEE from incurring additional obligations of funds during investigation of the
alleged compliance breach and pending corrective action by the GRANTEE or a decision by
if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of
his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in addition
to any other rights and remedies, provided by law.
57. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
58. TERMINATION PROCEDURES
Upon termination of this Grant, COMMERCE, in addition to any other rights provided in this Grant,
may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired
for the performance of such part of this Grant as has been terminated. The provisions of the
"Treatment of Assets" clause shall apply in such property transfer.
COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed
work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and
COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially
completed work and services, (iii) other property or services that are accepted by COMMERCE, and
(iv) the protection and preservation of property, unless the termination is for default, in which case the
AUTHORIZED REPRESENTATIVE shall determine the extent of the liability of COMMERCE. Failure
to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this
20
Grant. COMMERCE may withhold from any amounts due the GRANTEE such sum as the
AUTHORIZED REPRESENTATIVE determines to be necessary to protect COMMERCE against
potential loss or liability.
The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Grant Agreement.
After receipt of a notice of termination, and except as otherwise directed by the AUTHORIZED
REPRESENTATIVE, the GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities except as
may be necessary for completion of such portion of the work under the Grant that is not terminated;
3. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the
AUTHORIZED REPRESENTATIVE, all of the rights, title, and interest of the GRANTEE under the
orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders and
subgrants/subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders and
subcontracts, with the approval or ratification of the AUTHORIZED REPRESENTATIVE to the
extent AUTHORIZED REPRESENTATIVE may require, which approval or ratification shall be final
for all the purposes of this clause;
5. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by
the AUTHORIZED REPRESENTATIVE any property which, if the Grant had been completed,
would have been required to be furnished to COMMERCE;
6. Complete performance of such part of the work as shall not have been terminated by the
AUTHORIZED REPRESENTATIVE; and
7. Take such action as may be necessary, or as the AUTHORIZED REPRESENTATIVE may direct,
for the protection and preservation of the property related to this Grant, which is in the possession
of the GRANTEE and in which COMMERCE has or may acquire an interest.
59. TREATMENT OF ASSETS
Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct
item of cost under this Grant, shall pass to and vest in COMMERCE upon delivery of such property by
the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this
Grant, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the
performance of this Grant, or (ii) commencement of use of such property in the performance of this
Grant, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first
occurs.
A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein
or approved by COMMERCE, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results
from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE
to maintain and administer that property in accordance with sound management practices.
C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify
COMMERCE and shall take all reasonable steps to protect the property from further damage.
D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or subgrantees/subcontractors.
60. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
21
22
ATTACHMENT A - SCOPE OF WORK
Funds awarded under this grant will be used for capital expenditures related to the renovation of Warren
Avenue Playfield, located at 1017 Warren Avenue, Bremerton, WA.
Construction will include and not be limited to:
Replacement of 8 failing wood light poles with 4 metal poles
Installation of new energy-efficient LED sports field lighting
Infrastructure including underground utilities, removal of wood light poles, and sidewalks at the
park entry
Develop ADA accessible pathways throughout the park
Paved parking lot with accessible sidewalks
This project began in summer, 2019 and is expected to be complete by December, 2020.
General Terms and Conditions, are not intended to apply to any architectural and engineering design
work funded by this grant.
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
23
24
ATTACHMENT B - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE
PROJECT
Type of Funding Source Description Amount
Grant Washington State Department of Commerce $201,880.00
Other Grants
Grant #1 RCO $850,000.00
Grant #2 Bremerton Parks Foundation $6,500.00
Total Other Grants $856,500.00
Other Loans
Loan #1 $
Loan #2 $
Total Loans $0.00
Other Local Revenue
Source #1 $
Total Local Revenue $0.00
Other Funds
Source #1 City of Bremerton $82,000.00
Source #2 Donations $25,000.00
Total Other Funds $107,000.00
Total Project Funding $1,165,380.00
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that project funding from sources other than those provided by
this Grant Agreement and identified above has been
governing body or board of directors, as applicable, and has either been expended for eligible Project
expenses, or is committed in writing and available and will remain committed and available solely and
specifically for carrying out the purposes of this Project as described in elsewhere in this Grant
Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to
evidence that it has expended or has access to the funds needed to complete the Project, and shall make
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
25
26
ATTACHMENT C- CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that all contractors and subcontractors performing work on the
Project shall comply with prevailing wage laws set forth in Chapter 39.12 RCW, as applicable to the
CW 39.12.040. The GRANTEE
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such
If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing
Wages must be paid.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
27
28
ATTACHMENT D - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND
ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS
CERTIFICATION PERFORMANCE MEASURE
The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and
Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project
funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United
States Green Building Council, provide documentation of such certification to COMMERCE.
The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and
written below.
EXEMPT: DO NOT SIGN
______________________________________
GRANTEE
______________________________________
TITLE
_____________________________________
DATE
29
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
3A
SUBJECT: Study Session Date: N/A
Ordinance No. 5396 amending Ordinance COUNCIL MEETING Date: April 1, 2020
No. 5382 relating to Stormwater General
Department: PW&U
Facility Charges
Presenter: Tom Knuckey
Phone: (360) 473-2376
SUMMARY: In 2019 the City passed Ordinance No. 5382 which established rates, fees and charges
for 2020. The current stormwater General Facility Charge (GFC) is based on a study completed in
2015; best practice would review the fee every 3 to 5 years. Staff have coordinated with FCS Group
to update the Stormwater GFC considering the current 6-year Capital Improvement Plan, and current
system growth projections. The proposed ordinance amends the Stormwater GFC which was
established in Ordinance No. 5382.
ATTACHMENTS: 1) Ordinance No. 5396; 2) Exhibit A Utility Rates & Fees; 3) Memorandum from
FCS Group
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to pass Ordinance No. 5396 amending Ordinance No. 5382 relating to Stormwater General
Facility Charges.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
ORDINANCE NO. 5396
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending rates, fees and charges
established in Ordinance No. 5382 relating to stormwater general
facility charges.
WHEREAS, the City Council desires to amend rates and fees established in
Exhibit A of Ordinance No. 5382 relating to stormwater general facility charges; NOW
THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Rate Tables Amended. The section set forth in Exhibit A of
General Facilities Charges hereby amended and reestablished
by amending the stormwater general facility charges as set forth in the attached Exhibit A of this
ordinance, said exhibit is incorporated herein by this reference.
SECTION 2. Rate Tables Effective Date. The amendment and
reestablishment of rate tables as set forth in Section 1 above shall be effective on the effective
date of this ordinance.
SECTION 3. 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 4. Severability. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval, and publication as provided by law.
PASSED by the City Council the _____ day of ______________, 2020.
_________________________________
ERIC YOUNGER, Council President
1
2020 Utilities Rates and Fees
Amendment
Approved this ________ day of _______________, 2020.
_________________________________
GREG WHEELER, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ _________________________________
ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the ________ day of ______________________, 2020.
EFFECTIVE the ________ day of ______________________, 2020.
ORDINANCE NO. ________.
R:\\Legal\\Legal\\Ordinances\\Public Works & Utilities\\2020 Utility Rates & Fees Ordinance - Amendment.docx
2
2020 Utilities Rates and Fees
Amendment
Exhibit A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE January 1, 2020
2020
Inside & Outside City Limits
GENERAL FACILITY CHARGES
Water based on meter size average normal flow
5/8" x 3/4" $ 6,291.00
1" $ 6,291.00
1" Commercial $ 8,619.00
1 1/2" Commercial $ 50,327.00
2" Commercial $ 50,327.00
3" Commercial $ 125,818.00
4" Commercial $ 251,636.00
Greater than 4" Case by Case basis
Wastewater based on meter size average normal
flow
5/8" x 3/4" $ 7,342.00
1" $ 7,342.00
1" Commercial $ 9,105.00
1 1/2" Commercial $ 51,398.00
2" Commercial $ 51,398.00
3" Commercial $ 132,167.00
4" Commercial $ 264,332.00
Greater than 4" Case by Case basis
Stormwater (per IHSU) $ 3,377.00
$ 1,510.00
|Memorandum
To: Thomas Knuckey, City of Bremerton Date: March 27, 2020
From: Chris Gonzalez, Project Manager
Angie Sanchez Virnoche, Principal
Samuel Ault, Analyst
RE 2020 Stormwater General Facilities Charge (GFC) Update
The City of Bremerton (City) engaged FCS GROUP to update its stormwater GFC, which is
currently based on the recommendations of a study completed in 2015. The following memorandum
discusses the methodology, assumptions, findings and resulting recommendations of our study.
METHODOLOGY
Authorized by Section 35.92.025 of the Revised Code of Washington (RCW), GFCs are based on an
equitable share of the cost of existing infrastructure and planned future capital investment in the
system. The City imposes GFCs on new development (and redevelopment resulting in a net increase
in demand) as a condition of providing utility service. Though a new customer might not physically
connect to a stormwater main, they are connected through the network of roads and other facilities
that convey and treat runoff.
By recovering an equitable share of system costs from development, GFCs promote equity between
existing customers and future customers without them, the costs of development would be
inequitably borne by existing ratepayers. GFC revenues can be used to fund capital projects or debt
service incurred to finance capital projects but should not be used to pay for operating and
maintenance costs.
Though RCW 35.92.025 requires GFCs to be based on an equitable allocation of system costs to
growth, the City has considerable leeway in implementing a legally defensible approach. Figure 1
Figure 1: GFC Methodology
Cost of Existing Future Project Costs:
Future Project Costs:
System Common Benefit
Capacity Expansion
Existing Capacity Added Capacity Added Capacity
Firm Headquarters Locations Page 1
Redmond Town Center Washington | 425.867.1802
th
7525 166 Ave NE, Ste D-215 Oregon | 503.841.6543
Redmond, Washington 98052 Colorado | 719.284.9168
City of Bremerton FCS GROUP Memorandum
2020 Stormwater GFC UpdateMarch 27, 2020
The approach shown in Figure 1 allocates the cost of existing assets and future projects of general
system benefit to all customers, recognizing the integrated nature of the system. Costs associated
with projects that expand the capacity of the system to accommodate growth are allocated directly to
future growth to be served. The key components of the GFC are detailed below.
Existing Cost Basis
The GFC recovers a proportionate share of the cost of existing assets from growth. The total cost of
the existing stormwater system is calculated with the following components:
Utility Plant-In-Service: The 2018 fixed asset schedule serves as the primary source of
information documenting the existing cost basis, indicating a cumulative investment of $10.1
million in stormwater system assets as of December 31, 2018.
Less, Contributed Capital: Of the $10.1 million that the City has booked in infrastructure assets,
these assets are excluded from
the cost basis to avoid recovering costs from development that the utility did not incur.
Less, 10-Year Provision for Capital Retirements: Some of the projects included in the Capital
Improvement Plan will replace assets that are currently included in the fixed asset schedule. The
provision for capital retirements intends to avoid double charging customers for an asset and its
replacement, deducting the estimated cost of the asset being replaced from the existing cost basis.
This is an alternative to excluding replacement project costs from the GFC, recognizing that the
cost of replacement projects will generally exceed original construction costs. Based on the repair
and replacement projects that the City plans to complete between 2019 and 2025, the existing
cost basis is reduced by $1.2 million to account for the estimated cost of assets being retired.
Plus, Interest on Utility-Funded Assets: An important consideration of the existing cost basis is
the time-related cost of investing in system development and carrying capacity until a new
customer connects. Conceptually, the interest provision accounts for opportunity costs that
current ratepayers incurred by supporting investments in infrastructure rather than having it
available for investment or other uses. GFCs can include up to ten years of interest accrual on an
asset at the rate applicable during the time of construction (capped at 10% by RCW 35.92.025).
the historical Bond Buyer Index for 20-year term
bonds, the existing cost basis includes $1.0 million in interest accrued on utility-funded assets.
Plus, Construction Work-In-Progress: The cost of construction work in progress (CWIP) as of
the beginning of 2018 is included in the existing cost basis to recognize investments that the
stormwater utility has made in capital projects that are underway. The CWIP accounts for
$864,974 of the existing cost basis although these projects have not yet been booked as assets.
Less, Net Debt Principal Outstanding: New customers benefit from a pro rata share of system
improvements, but they also suffer a pro rata share of system liabilities. The net liability of
outstanding debt is deducted from the existing system cost basis, recognizing that new customers
will bear a proportionate share of this debt related to existing assets through their utility rates.
Therefore, the cost of those assets charged to new development is offset by the remaining debt
liability. Cash resources that could be used to reduce the debt liability are deducted so the net
Page 2
City of Bremerton FCS GROUP Memorandum
2020 Stormwater GFC UpdateMarch 27, 2020
debt load is defined as total debt minus outstanding cash and investments. In this case, the
into the existing cost basis.
The existing cost basis is $6.1 million after factoring in the above considerations. This will be
allocated to the total future customer base (existing and incremental future growth), recognizing that
existing infrastructure will continue to benefit all customers. The existing cost basis for the
stormwater utility is shown below in Figure 2.
Figure 2: Existing Cost Basis
Existing Cost Components Total
Plant-In-Service as of Year-End 2018 10,131,898
less: Contributed Capital (4,722,079)
less: Provision for Retirement of Existing Assets (1,181,841)
plus: Eligible Interest Accrual 1,028,220
Plus: Construction Work in Progress 864,974
Less: Outstanding Debt Net of Cash Reserves -
Existing Cost Basis $6,121,172
Future Cost Basis
The future cost basis includes stormwater utility capital projects planned for construction and
identified in comprehensive system planning documents. Recognizing that the projected timing and
cost of projects becomes progressively more uncertain beyond a six-year planning period, the City
has opted to define the future cost basis using its six-year capital improvement plan (CIP). Given that
this update was performed before 2019 actual asset additions were available, it includes budgeted
2019 capital project costs in the future cost basis in addition to costs from the 2020 2025 CIP. City
staff reviewed each project and allocated it between the following categories:
Upgrade and Expansion Projects: Upgrade and expansion projects provide increased capacity
needed for growth. The City allocated $7.6 million in project costs to this category, which are
allocated only to new growth.
Repair and Replacement Projects: These projects replace assets listed in the existing cost basis
and provide benefit to both existing and future customers. The City allocated $12.5 million in
project costs to this category, which is spread across the total customer base (existing plus
incremental future growth).
Projects directly funded by developers or other sources external to the stormwater utility are not
included in the calculation. Of the $20.1 million in projected capital costs, $1.9 million is attributable
to projects that the City anticipates funding through external sources (and are contingent on the City
receiving external funding).
The above components result in a future cost basis totaling $18.2 million and are further detailed in
Figure 3.
Page 3
City of Bremerton FCS GROUP Memorandum
2020 Stormwater GFC UpdateMarch 27, 2020
Figure 3: Future Cost Basis
Future Cost Components Total
2020 2025 Capital Improvement Plan
Upgrade/Expansion Projects $ 7,635,131
Less: External Funding Sources (1,159,750)
Repair & Replacement Projects 12,522,352
Less: External Funding Sources (807,750)
Future Cost Basis $18,189,982
System Capacity
The capacity component of the GFC calculation is separated into two parts: capacity used by existing
customers and capacity available for future customers. For the stormwater utility, capacity is
expressed in terms of impervious/hard surface units (IHSUs), with Section 15.01.020 (i) defining one
IHSU as 2,500 square feet of impervious hard surface area.
Existing Capacity: The City
connected to the stormwater system. When the IHSUs associated with the Bremerton School
District (839 IHSUs) and US Navy (210 IHSUs) are added there are a total of 22,347 IHSUs
currently connected to the stormwater system.
Future Capacity: City staff provided input on potential growth, factoring in future development
in Subarea Plan areas and an annual growth rate of 0.6% in other areas (matching utility rate
study projections). City staff estimated that a total of 29,500 IHSUs will be connected to the
stormwater system by 2040.
The above capacity components are detailed below in Figure 4.
Figure 4: Summary of IHSU Forecast
IHSU Forecast Total
Existing IHSUs (2020) 22,347
Incremental Future IHSUs (through 2040) 7,153
Total Number of IHSUs 29,500
GFC Calculation
The GFC methodology sums the existing system costs and future system costs that benefit current
and future connections (i.e. repair and replacement projects) and divides them by the total number of
IHSUs to determine an average cost per IHSU. The cost of capacity-expanding projects is divided by
the projected growth in IHSUs. These components are added together to determine the maximum
allowable GFC.
summarized in Figure 5.
Page 4
City of Bremerton FCS GROUP Memorandum
2020 Stormwater GFC UpdateMarch 27, 2020
Figure 5: GFC Calculation
2020
2015
Stormwater General Facilities Charge Updated
Calculation
Calculation
Existing Cost Component
Net Existing Cost Basis $6,121,172 $4,113,118
Allocable Capacity Base: All IHSUs (Existing + Growth) 29,500 28,633
Existing Facilities Charge per IHSU $207 $144
Future Cost Component
Repair & Replacement Projects $11,714,602 $1,527,500
Allocable Capacity Base: All IHSUs (existing + growth) 29,500 28,633
Cost per IHSU for Repair & Replacement Projects $397 $53
Net Upgrade/Expansion Projects $6,475,381 $11,377,500
Allocable Capacity Base: Incremental Future IHSUs 7,153 4,069
Cost per Added IHSU for Upgrade/Expansion Projects $905 $2,796
Future Facilities Charge per IHSU $1,302 $2,849
Total GFC per IHSU $1,510 $2,993
Figure 5 indicates an updated GFC per IHSU of $1,510, which represents a decrease of 50% from
the charge calculated in the 2015 study ($2,993 per IHSU). Key drivers behind this decrease include:
The updated calculation reflects the removal of capital projects that the City no longer plans to
complete in the foreseeable future. The largest of these projects, the Schley Canyon Bridge
project, had a projected cost of $6,230,000 that was fully attributed to expanding system capacity
for growth. This project was driven by the need to address a failing culvert, and at the time the
City anticipated having to build a bridge to provide for fish passage however, the City has since
been able to work with the Washington Department of Fish and Wildlife and the Suquamish
Tribe to identify mitigation projects to allow repair of the failing culvert at a much lower cost.
Because the 2015 calculation allocated this cost to 4,069 IHSUs of growth, this one project
represented $1,531 (51%) of the calculated charge of $2,993 per IHSU.
As part of the current study, City staff developed an updated projection of IHSUs. The current
estimate of total system IHSUs, 29,500, is about 3.0% higher than the total IHSU count used in
the 2015 analysis. Within this total, the estimated growth in IHSUs increased by 76%. The 2015
study used IHSU growth projections from the 2004 GFC analysis, which assumed an annual
growth rate of 2.0% in the number of IHSUs.
billing system suggest that the stormwater system has actually grown by only 0.2% per year. The
current calculation assumes a more conservative annual growth rate of 0.6% for the currently
developed portions of the City, along with separate growth rates for each portion of the City
subject to a Subarea Plan. Given that the total number of IHSUs remained relatively consistent
with the 2015 study, the decrease in existing IHSUs resulted in an increase to the number of
potential future IHSUs. With the increase in future IHSUs, the charge per IHSU for expansion
and upgrade projects decreased proportionately.
Page 5
City of Bremerton FCS GROUP Memorandum
2020 Stormwater GFC UpdateMarch 27, 2020
It is worth noting that consistent with prior recommendations, the City has adjusted its GFCs
annually for inflation. The existing charge of $3,377 per IHSU reflects a cumulative increase of 13%
over the charge calculated in 2015.
Figure 6
Figure 6: Comparative GFC Survey
Jurisdiction Stormwater GFC
Bremerton (Existing) $3,377
Puyallup $3,253
Gig Harbor $1,770
Bremerton (Updated) $1,510
Bothell $1,356
Redmond $1,342
Edmonds $799
As shown in Figure 6, adopting the updated stormwater GFC would bring the City closer to other
local utilities. With respect to these kinds of comparisons, it is important to note that GFCs are based
can vary widely among
jurisdictions due to differences in the underlying methodology, costs, funding sources, and frequency
of updates.
RECOMMENDATIONS
We recommend that the City consider adopting the updated stormwater GFC of $1,510 per IHSU,
the stormwater system is serving (and will be able to serve in the future). The updated charge is
better aligned with ions regarding its capital improvement plan. Using the
six-year CIP as the basis for the future cost component of the GFC would be prudent, given the
uncertainty in the cost and timing associated with projects beyond that planning horizon.
The City should update the GFC calculation periodically, reviewing the list of capital projects and
system planning cycle would provide a natural interval for such updates, as the City would already be
in the process of assessing its infrastructure and capacity needs. Particularly if the City wishes to
continue its practice of indexing its GFC to inflation, it might consider more frequent updates (e.g.
every three years) to verify that the charge does not deviate materially from the level justifiable
Page 6
Update
2020 Stormwater GFC April 1, 2020 Presenter: Chris Gonzalez, Senior Project Manager
City of Bremerton
2
Page
share of system costs, as
proportionate
time charge imposed on development
-
Should not be used to fund operations
To assign future connections their authorized by Section 35.92.025 of the Revised Code of Washington.A oneTypically used to fund capital projects or debt service
Introduction to General Facilities Charges
PurposeGeneral facilities charges (GFCs) are:
3
Page
Future Project Costs
The GFC calculation should only include costs funded by the utility.
Added Capacity
Capacity Expansion
Future Project Costs:
+
Added Capacity
Common Benefit
Existing System Cost
Future Project Costs:
+
+
Existing Capacity
Existing System Cost
Compute interest accrued on existing assetsDefine the capital improvement programDefine the applicable capacity
Key steps:
GFC =
General Facility Charge Methodology
4
Page
at time of
avoids double charging
fixed asset schedules
projects that are underway but not yet
booked as assets
avoids double charging
construction (capped at 10%)
projects will replace assets in the asset schedule,
Original cost
Net liability of outstanding debt;
Included; up to 10 years at the rate applicable
Included; recognizes
Some capital
In
Existing Cost Basis
Existing AssetsPlus: Interest on Existing AssetsPlus: ConstructionProgressLess: Provision for Capital RetirementsLess: Net Debt Principal Outstanding
5
Page
funded by other sources than the City
total customer base (existing + new); projects
exclusively to new connections
driven by growth and increasing capacity; spread
developers, grants, special assessments
upgrade/expansion or repair/replacement
system comprehensive planning documents; split between
assumed to replace assets listed in existing cost basis
Projects directly
Projects
Spread across
From
Projects
Future Cost Basis
Capital ProjectsRepair/Replacements ProjectsUpgrade/ExpansionLess: Outside Funding Sources
6
Page
) defines
i
29,500 IHSUs
1,049 IHSUs attributable to School District/U.S. NavyReflects projected population growth rate of 0.6% per yearMore specific growth forecasts in Subarea Plan areas
Impervious/hard surface units (IHSUs); BMC 15.01.020 (1 IHSU as 2,500 square feet of impervious area22,347 IHSUs, including:7,153 IHSUs by 204022,347 + 7,153 =
System Capacity
Unit of CapacityExisting CapacityAdded CapacityTotal Capacity
7
Page
$53
$144
4,069
2015
28,63328,633$2,796$2,849
$2,993
$4,113,118
$1,527,500
$11,377,500
Calculation
$207$397$905
7,153
29,50029,500$1,302
$1,510
$6,121,172$6,475,381
$11,714,602
Calculation
2020 Updated
Summary of GFCs
Net Existing Cost BasisRepair & Replacement ProjectsCost per IHSU for Repair & Replacement Projects Net Upgrade/Expansion ProjectsCost per Added IHSU for Upgrade/Expansion Projects
Allocable Capacity Base: All IHSUs (Existing + Growth)Allocable Capacity Base: All IHSUs (Existing + Growth)Allocable Capacity Base: Incremental Future IHSUs
Stormwater General Facilities Charge Existing Cost Component Existing Facilities Charge per IHSU Future Cost Component Future Facilities Charge per IHSU Total
GFC per IHSU
Existing IHSUs as of 2020; future improvements expected to serve 20 years of growth (through 2040)Existing charge of $3,377 per IHSU reflects a cumulative inflationary adjustment of
13%
8
Page
\[VALUE\]
$3,253
$1,770
$1,510
$1,356
$1,342
$799
Bothell
Puyallup
Edmonds
Redmond
Gig Harbor
Stormwater GFC Comparison
Bremerton (Existing)
Bremerton (Updated)
9
Page
5 years
Reflects updated list of future projects and updated forecast of IHSUsCan continue indexing GFC to inflation between updates
Summary of Recommendations
Decrease stormwater GFC from $3,377 to $1,510 per IHSUUpdate GFC calculation every 3
1802
-
(425) 867
Contact FCS GROUP:
Chris Gonzalez
chrisg@fcsgroup.com
www.fcsgroup.com
Senior Project Manager
AGENDA BILL
CITY OF BREMERTON
3B
CITY COUNCIL
SUBJECT: Goods and Services Agreement Study Session Date: N/A
with Merchant Patrol Security Services, Inc.
COUNCIL MEETING Date: April 1, 2020
for Security Services and Patrols
Department: PW & Utilities
Presenter: Wayne Hamilton
Phone: (360) 473-5207
SUMMARY: Requests for proposals were prepared, advertised, distributed and received, pursuant
to Public Works bid laws and procedures. The low bidder is Merchant Patrol Security Services, Inc.,
Olalla, WA. The Department requests approval of the Bid Award for the Goods and Services
Agreement to Merchant Patrol Security Services, Inc. for a two (2) year term with an optional two (2)
year extension term as specified within the Agreement.
ATTACHMENTS:
Goods and Services Agreement and Exhibit: Bid Proposal from Merchant Patrol Security Services,
Inc.
FISCAL IMPACTS (Include Budgeted Amount): Bid Amount is $106,044.36 annually for these
services. This amount is included in the 2020 budget.
STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION: Move to award the Security Services and Patrols Contract to Merchant
Patrol Security Services, Inc.; and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/07/15
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 3C
SUBJECT: Study Session Date: N/A
Sole Source Purchase from Granich COUNCIL MEETING Date: April 1, 2020
Engineered Products, Inc. for the Service
Department: PW&U/WWTP
and Repair of Lift Station WB-3 Pump No. 2
Presenter: Eric J. Burris
Phone: (360) 473-5448
SUMMARY: Staff has received a proposal from Granich Engineered Products, Inc. for the overhaul
of a Fairbanks-Morse model D5435WD lift station pump for lift station WB-3. The cost for this
service will be $27,650 plus Washington state sales tax.
ATTACHMENTS: Quote and Sole Source Justification
FISCAL IMPACTS (Include Budgeted Amount): Funds are available for the repair through Fund
451.
STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the Service and Repair of Lift Station WB-3 Pump No. 2 from Granich Engineered
Products, Inc. for $27,650 plus Washington state sales tax.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 3D
SUBJECT: Study Session Date: N/A
Repair of Boiler and Rental of Temporary COUNCIL MEETING Date: April 1, 2020
Boiler from Cole Industrial, Inc. for the
Department: PW&U/WWTP
Wastewater Treatment Plant
Presenter: Eric J. Burris
Phone: (360) 473-5448
SUMMARY: Complete proposals were received from only one company qualified for this type of
work. This project requires a temporary boiler to be set up to maintain digester temperatures. Only
Cole Industrial has portable boilers suitable for our application. The total cost for this project (boiler
repair, rental of temporary boiler and trailer rental for temporary boiler transport) will be $98,400 plus
Washington state sales tax.
ATTACHMENTS: 1) Cole industrial quote for boiler repair; 2) Cole Industrial for boiler rental
FISCAL IMPACTS (Include Budgeted Amount): Funds are available for the repairs through Fund
451.
STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the repair of the WWTP boiler and rental of temporary boiler from Cole Industrial,
Inc. for $98,400 plus Washington State sales tax.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
AGENDA BILL
CITY OF
3E
BREMERTONCITY
COUNCIL
SUBJECT:
Study Session Date: N/A
Contract with Sound Pacific Construction, COUNCIL MEETING Date: April 1, 2020
LLC. for Construction of the Warren Avenue
Department: Parks & Recreation
Park Improvement Project; and related
Presenter: Jeff Elevado
Budget Adjustments
Phone: (360) 473-5428
SUMMARY: Sealed bids for construction of the Warren Avenue Park Improvement Project were
opened on March 3, 2020. Five (5) bids were received. Sound Pacific Construction, LLC was the
lowest responsive, responsible bidder with a bid of $928,464.18 (WSST included) for park elements
and 38,987.12 for right-of-way and storm water elements for a total contract amount of $967,451.30.
ATTACHMENTS: 1) Bid Tabulation; 2) Project Budget Summary; 3) Warren Avenue Park Concept;
4) Contract
FISCAL IMPACTS (Include Budgeted Amount): Funding for the project includes: $850,000 from
State of Washington RCO grants; $201,880 from Dept. of Commerce grant; $6,500 from Bremerton
Parks Foundation grant; $34,500 from a General Fund transfer-in; $412,120 from the General
Government Capital Improvement Fund ($75,000 approved by Council in 2019 and $191,317 in
unspent REET fund balance from the Manette Park Project); and $38,987 from Storm Water Capital
Fund. Total project budget is estimated at $1,543,987.
STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A
STUDY SESSION ACTION: !Consent Agenda !General Business !Public Hearing
RECOMMENDED MOTION:
Move to award a contract in the amount of $967,451.30 (WSST included) to Sound Pacific
Construction, LLC for construction of the Warren Avenue Park Improvement Project; and authorize
the Mayor to finalize and execute the agreement with substantially the same terms and conditions
as presented; and further authorize a budget adjustment to transfer $107,303 from the General
Government Capital Improvement Fund and increase the 2020 Parks Capital Construction Fund
revenue and expenditure budgets per the attached project budget.
COUNCIL ACTION: Approve Deny Table Continue No Action
,
Form Updated 01/02/2018
ATTACHMENT 2
WARREN AVENUE PARK IMPROVEMENT PROJECT
REVENUEEXPENDITURE
GrantsContracted Services
RCO - Local Parks 500,000A/E, Permits, Const. Admin. 127,988
RCO - Youth Athletic Facilities 350,000Site Prep & Demo 17,430
DOC - Local & Comm Project 201,880Construction (Park Elements) 928,464
Construction (Storm Water) 38,987
Donations
City (Out of Contract Elements)
Bremerton Parks Foundation 6,500
Sub Total Grants & Donations 1,058,380Field Lighting 93,522
FF&E 31,425
City MatchPlay Area 91,920
Parks Cap. Const. Fund Balance (REET) 75,000*Landscaping & Irrigation 43,595
Parks Cap. Const. Fund Balance (REET) 191,317**Parks Labor 34,500
Real Estate Exice Tax (REET)145,803***
GF Transfer-In (Parks Labor) 34,500Other
PW&U Storm Water (SW Capital Fund) 38,987Contingency (10%) 136,156
TOTAL REVENUE TO FUND$ 1,543,987TOTAL EXPENDITURES$ 1,543,987
Notes:
* Parks Capital Construction fund balance from 2019 - Council approved REET transfer for Warren Ave.
** Parks Capital Construction fund balance - unspent ReEEt from Manette Park Project
*** 2020 REET funding - $38,500 budgeted (requesting an additional $107,303)
Features
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th
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PARKS & RECREATION
680 L EBO B OULEVARD B REMERTON, WA 98310-5841
T EL: 360.473.5305, F AX: 360.473.5882 www.ci.bremerton.wa.us
March 6, 2020
VIA EMAIL
Jordan Opdahl
Nova Contracting, Inc.
P.O. Box 177
Littlerock, WA 98556
Re: Warren Avenue Park Improvement Project
I regret to inform you that the bid from Nova Contracting, Inc. for the Warren Avenue Park
Improvement Project has been rejected due to being non-responsive on sheet I-29.
Sincerely,
Jeff Elevado,
Parks & Recreation Director
cc: Roger Lubovich, Bremerton City Attorney
Colette Berna, Parks Preservation & Development Manager
David Dinkuhn, Parametrix
PARKS & RECREATION
680 L EBO B OULEVARD B REMERTON, WA 98310-5841
T EL: 360.473.5305, F AX: 360.473.5882 www.ci.bremerton.wa.us
March 12, 2020
VIA EMAIL
Jordan Opdahl
Nova Contracting, Inc.
P.O. Box 177
Littlerock, WA 98556
Re: Warren Avenue Park Improvement Project
We have confirmed with our Legal Department that the bid from Nova Contracting, Inc. for the Warren
Avenue Park Improvement Project remains rejected due to being non-responsive on sheet I-29.
The information you provide was not received as part of the original closed bid and we are unable to
accept it.
Sincerely,
Jeff Elevado,
Parks & Recreation Director
cc: Roger Lubovich, Bremerton City Attorney
Brett Jette, Bremerton Assistant City Attorney
Colette Berna, Parks Preservation & Development Manager
David Dinkuhn, Parametrix
th
6526 110 Avenue SW, Olympia, WA 98512
March 30, 2018
Jeff Elevado
680 Lebo Boulevard
Bremerton, WA 98310-5814
Attn: Jeff Elevado, Director
Subj: Warren Avenue Park Improvement Project Bid Rejection Protest
Dear Mr. Elevado:
NOVA Contracting, Inc. (NOVA) is writing regarding the above referenced project. NOVA was in receipt of
your email bid rejection notice March 6, 2020. NOVA respectfully requests reconsideration of this bid rejection
based upon the following reasons. NOVA has enclosed with this correspondence all information that was
intended to be presented with the bid proposal.
NOVA requests reconsideration based upon the information absent from the bid documents was general
informational only. The City states in section I-
Information is required, they can request that information from any bidder at any time prior to making the
award decision.
documents were complete regarding bid proposal requirements as demonstrated by the bid
summary. NOVA was the lowest bidder in price, addendum addressed, bid bond present and executed, bid
authorized, and schedule of values was complete.
general information that could be requested without rejecting our bid proposal.
nd
2 bidder which could be money saved and not removed from the
to without fear or retaliation from any bidder. Any other legal counsel stating otherwise is not correct and
without merit.
Thank you for your consideration. If you have any questions, please do not hesitate to call. 360-870-7633
Very Truly Yours:
Jordan Opdahl, President
NOVA Contracting, Inc.
Project: Mason County PUD No. 01 Grading & Pre-engineered Building
Contact Information:See Attached
Location of Project: Mason County
Description: Excav. and Grade 23,000 CY of site material. Install storm drainage improvements.
Contract: $1,188,000
Completion: July 2019
Project: WWTP Interceptor Upgrades
Contact Information: City of Bremerton Public Works William Davis
Location of Project: City of Bremerton
Description: Waste Water Treatment Upgrades Including retaining walls, large diam. structures and
pipe, bypass pumping thousands of gallons of sewage, HDPE piping, excav. and grading 3,000 CY and site
restoration.
Contract: $1,747,000
Completion: April 2019
Project:
Contact Information: City of Bremerton Public Works William Davis
Location of Project: City of Bremerton
Description:
within a 24 hr. water main shut down. 2,000 SY of asphalt grinding and paving.
Contract: $1,184,000
Completion: Nov. 2018
Project: Anderson Cove Waterfront Park LID
Contact Information: City of Bremerton Gunnar Fridriksson
Location of Project: City of Bremerton
Description: Complete Park LID improvements: Sidewalk, Pavers, Bio-retention work, site grading and
lighting.
Contract: $270,000
Completion: Oct. 2013
Project: Woodland Creek Community Park
Contact Information: City of Lacey
Location of Project: Lacey, WA
Description: Construction of new City park on 7 acre site. Install (2) picnic shelters and restroom
facilities. Install play area, paved walking trail, irrigation, septic system, paved parking and street lighting.
Contract: $1,800,000
Completion: July 2007
Please note Jordan Opdahl project managed all the above referenced project and will be project manager
of the Warren Avenue project if awarded the project.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 3F
SUBJECT: Study Session Date: N/A
Purchase of Athletic Field Lighting from COUNCIL MEETING Date: April 1, 2020
Musco Sports Lighting through the King
Department: Parks & Recreation
County Directors Association Purchasing
Presenter: Jeff Elevado
Cooperative for the Warren Avenue Park
Phone: (360) 473-5428
Improvement Project
SUMMARY: The Parks & Recreation Department applied for and received funding from the
Recreation and
improvements to the Warren Avenue Playfield. A major scope item was the replacement of the
failing wooden light poles and incandescent light fixtures. The existing 8 wooden poles have been
inspected and found to be rotten internally and high risk of failure. The upgraded system will feature
4 steel poles located away from the playing surface and new energy efficient LED light fixtures
featuring reduced light spillage into the neighborhood. Additionally, an upgraded lighting control
system will provide integration into the existing computer controlled scheduling program.
Equipment pricing has been competitively solicited and publicly awarded through the King County
Directors Association Purchasing Cooperative (KCDA). Total Equipment Cost: $85,800 plus WSST.
ATTACHMENTS: 1) Musco Lighting Quote #: 192030; 2) KCDA Contract Information and Contract
Extensions
FISCAL IMPACTS (Include Budgeted Amount): Funding budgeted in the 2020 Parks Capital
Construction Fund as part of the Warren Avenue Park Improvement Project.
STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the purchase of athletic field lighting equipment from Musco Lighting through the
King County Directors Association Purchasing Cooperative in the amount of $85,800 plus
Washington State Sales 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
Warren Avenue Playfield Lighting
Date: December 5 th, 2019
King County Directors Association
Master Project: 195250
Contract Number: 19-406
Quote #192030
Expiration: 02/28/2020
Musco Equipment - Soccer
Light-
4 - Pre-cast concrete foundations
4 - 60
UL Listed NEMA 3R remote electrical component enclosures
Pole length wire harnesses
5 - Factory-aimed and assembled TLC - LED 1200 luminaries
7 - Factory-aimed and assembled TLC - LED 900 luminaries
1 - Factory-aimed and assembled TLC LED 400 area luminaire
Pole P1 mounting hardware for scoreboard (scoreboard by others)
Wireless operating control
Also Includes:
Musco Constant 25 warranty and maintenance program that eliminates your maintenance costs for 25 years,
including labor and materials
Guaranteed constant footcandles for 25 years, per IESNA RP-06-15
Control & Monitoring System for flexible control and solid management of your lighting system
Total Breakout of Equipment and Delivery:
KCDA Contract Price Soccer ................................................................................................... $186,527.00
Deduct Pole and Foundation Installation ............................................................................... ($32,000.00)
Deduct - 12 - TLC - LED 1150fixtures, mounted and wired (12 @ $3,860.00 each) ............. ($46,320.00)
Add Pole hardware for scoreboard ............................................................................................. $1,795.00
Price Before Discount ................................................................................................................. $110,002.00
Discount @ 22% ........................................................................................................................... ($24,202.00)
Total Price (Equipment only): $85,800.00
Notes:
Pricing does NOT include taxes.
Purchase orders are to be sent directly to the KCDA along with a copy of this Quote.
Delivery to the job site from the time of order, submittal approval, and confirmation of order details
including voltage and phase, pole locations is 30 days. Current estimated delivery month is February 2020.
Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production.
Light Levels and uniformities are guaranteed by MUSCO, any additional aiming required to
meet the specified requirements shall be completed by MUSCO.
Fax or Mail a copy of the Purchase Order to KCDA and Musco Sports Lighting:
KCDA Musco Sports Lighting, LLC
Attn: Valerie Buckbee Attn: Ryan Tighe
P.O. Box 5550 P.O. Box 260
Kent, WA 98064 Muscatine, IA 52761
Fax: 425-282-0675 Fax: 800-374-6402
E-mail: vbuckbee@kcda.org E-mail: ryan.tighe@musco.com
Phone: 800-422-5019 Phone: 800-756-1205
Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions.
Tim Butz Alli Costello
Musco Sports Lighting, LLC Musco Sports Lighting, LLC
Phone: 503/720-6625 Phone: 800-754-6025 ext. 4736
E-mail: tim.butz@musco.com E-mail: alli.costello@musco.com
AGENDA BILL
CITY OF BREMERTON
3G
CITY COUNCIL
SUBJECT: Study Session Date: N/A
Interlocal Agreement with the Kitsap COUNCIL MEETING Date: April 1, 2020
Regional Coordinating Council
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-2345
SUMMARY: On February 4, 2020, the Kitsap Regional Coordinating Council approved the Interlocal
Agreement as amended at their monthly Board Meeting. It is now requested that each Member
Agency adopt and execute the updated Interlocal Agreement. The amendments relate to changes to
the membership and representation of the Council. Port of Kingston has been added to the Executive
Board.
ATTACHMENTS: 1) KRCC Interlocal Agreement
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A
STUDY SESSION ACTION: Consent Agenda General Business Public Hearing
RECOMMENDED MOTION:
Move to approve the Kitsap Regional Coordinating Council Interlocal Agreement as amended; 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
Kitsap Regional Coordinating Council
KITSAP REGIONAL COORDINATING COUNCIL
INTERLOCAL AGREEMENT
THIS AGREEMENT is made and entered into by and between the undersigned parties
pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW.
WHEREAS, the undersigned members recognize the need and desirability to participate
in a forum for intergovernmental coordination, cooperation, and consultation among member
agencies in order to bring about a continuous and comprehensive regional planning process and
efficient service delivery; and
WHEREAS, the undersigned members desire jointly to undertake continuous,
cooperative study and planning of regional and governmental issues of mutual interest, including
but not limitedto development, land use, housing, capital facilities, service, utilities, finances,
public buildings, water supply, water distribution and drainage, air and water pollution, parks
and recreation, transportation planning, and economic development; and
WHEREAS, it is the belief of the undersigned members that regional deliberations,
planning, and review can best be achieved with the creation of a separate legal entity whose
function and activities are subject to policy direction from the undersigned memberagencies
according to the provisions of this Agreement; and
WHEREAS, the State Growth Management Act (GMA) requires local jurisdictions to
coordinate and ensure consistency when developing comprehensive land use plans and the
undersigned members desire to establish the Kitsap Regional Coordinating Council as a separate
legal entity to facilitate coordination and consistency of comprehensive land use plans as
required by the GMA; and
WHEREAS, the undersigned members desire to use the Kitsap Regional Coordinating
Council for developing County-wide Planning Policies (CPPs) under the GMA as a framework
to guide Kitsap County and cities situated within the County in developing their comprehensive
land use plans.
THEREFORE, in consideration of mutual promises and covenants herein it is hereby
agreed:
I.NAME
This Agreement establishes the KITSAP REGIONAL COORDINATING COUNCIL
(“Council”), a separate legal entitysince 2001.
II. DURATION
The Agreement shall remain in force and effect perpetually or until terminated by vote of
the member agencies.
12020Amendments
III.DEFINITIONS
For the purpose of this Interlocal Agreement, the following terms have the meaning
prescribed to them in this section unless the context of their use dictates otherwise:
A.“Member agency” means a voting and dues paying municipal or other
government entity located within Kitsap County which is a party to this Agreement.
B. “State” means the State of Washington.
C.“Region” means the territory physically lying within theboundaries of Kitsap
County.
D.“Kitsap Regional Coordinating Council” or “Council” means the separate legal
entity established by this Agreement to represent member agencies to carry out those powers and
managerial and administrative responsibilities delegated pursuant to the provisions of this
Agreement.
E.“Executive Board” shall mean the representatives of member agencies of the
Kitsap Regional Coordinating Council identified in Article IV.B. of this Agreement.
F.“Cost Allocation” means annual dues (the annual allocation among Member
agencies of the cost of Council operations determined by the Executive Board for the purposes of
calculating members’ obligations to contribute to the funding of Council operations for the year,
and for the purposes of calculating obligations and distributions in the event of withdrawal or
termination).
G.“Ex Officio Member” means a non-voting, non-dues paying member of the
Councilthat is not a party to this Agreement.
H.“Associate Member” means a non-voting, dues paying member of the Council that
is not a party to this Agreement.
IV.MEMBERSHIP AND REPRESENTATION
A.Membership. Membership (except for Associate Members and Ex Officio
Members) is established by execution of this Agreement and payment of any required cost
allocation as established by the Executive Board. New Members may be added through an ILA
Amendment.
B.Executive Board. The Executive Board is comprised of the following
representatives of member agencies:
1.County Government: three (3) members of the Kitsap County Board of
Commissioners;
2.City Governments:
22020Amendments
a.The Mayor of each city having a population of 10,000 persons or
less;
b.The Mayor and one (1) member of the City Council of each city
having a population between 10,001 persons and 30,000 persons;
c.The Mayor and two (2) members of the City Council of each city
having a population greater than 30,000 persons;
d.A city with a Council/Manager form of government may select one
(1) member of the City Council instead of a Mayor. The number of
additional City Council members representing the city shall be as
described in 2(a-c) above.
e.Population will be determined by the most recent annual
population estimate of cities and towns prepared by the
Washington State Office of Financial Management.
3.Port ofBremerton: one (1) representative consisting of a Port
Commissioner.
4.Port of Kingston: one (1) representative consisting of a Port
Commissioner.
5.Kitsap Transit: one (1) representative consisting of a member selected by
the Kitsap Transit Board of Commissioners.
6.City Council, Kitsap Transit,and Port representatives may be selected by
whatever means established by each specific member agency.
D.New membership.A municipal or government entity or a federally recognized
Indian Tribe that desires to become an Ex OfficioMember or an Associate Member must obtain
permission to do so by the Executive Board. Associate Membersmust also present a draft
agreement for the Executive Board’s consideration, establishing the proposed terms, duties,
powers and privileges for Associate Member status.
V.POWER, AUTHORITY, AND PURPOSE
This Agreement does not confer additional substantive powers or authorities on member
agencies. The powers and authorities conferred herein are limited to the powers that each
member agency is authorized by law to perform. The Council has the following power,
authority, and purpose:
A.Provide a regional forum for regional deliberations and cooperative decision-
making by the region’s elected officials in order to bring about a continuous and comprehensive
planning process, and foster cooperation and mediate differences among governments
throughout the region.
32020Amendments
B.Consistent with the GMA, coordinate and ensure consistency when developing
comprehensive land use plans.
C.Consistent with the GMA, develop CPPs to be used as a framework to guide the
County and the Cities in developing their comprehensive land use plans;
D.Coordinate actions to provide for the distribution of state and federal grant funds,
including but not limited to federal transportation funding, community development block
grants, and low-income housing grants.
E.Undertake continuous, cooperative study and planning of regional and
governmental problems of mutual interest, including but not limited to development, land use,
housing, capital facilities, services, utilities, finances, public buildings, water supply, water
distribution and drainage, air and water pollution, parks and recreation and transportation
planning.
F.Coordinate actions to provide for a sustainable economy and environment for the
region.
G.Carry out such other planning and coordinating activities authorized by the
Council including participation in other forums and organizations.
H.Establish Bylaws, to be amended from time totime, that govern the procedures of
the Council. The Bylaws, as may be amended, are incorporated into this Agreement by this
reference as if fully set forth herein.
I.Contract for administrative services and enter into other agreements as deemed
appropriate and/or necessary to implement this Agreement.
J.Purchase, receive, lease, take by gift, or otherwise acquire, own, hold, improve,
use and otherwise deal in and with real or personal property, or any interest therein, in the name
of the Council.
K.Sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose
of its property and assets.
L.Sue and be sued, complain and defend, in all courts of competent jurisdiction in
the Council’s name.
MTo engage in any other activity necessary to further the Council goals and
purposes to the extent authorized by chapter 39.34 RCW.
N.Apply for such federal, state, or private funding of any nature as may become
available to assist the organization in carrying out its purposes and functions.
O.Identify and examine issues such as governance, growth policies, development
standards, service provision, revenue-cost sharing and municipal annexations in urban growth
areas.
42020Amendments
P.Strive to represent the consensus of views on growth management and planning
issues among member agencies. The Council makes recommendations on behalf of those
jurisdictions to multi-county regional agencies and State government on behalf of member
agencies, on proposed changes to multi-county regional plans, state plans and laws.
Q.Represent the views or position of member agencies within the County on issues
of consistency or the resolution of conflicts related to the multi-county regional growth strategy
and transportation plan.
R.Make appointments to committees and boards of multi-county regional
organizations (e.g. Puget Sound Regional Council, Peninsula Regional Transportation Planning
Organization) where appointments are requested to represent more than one member agency of
the Council. Members appointed to such committees and boards shall represent the consensus of
the views of the Council. If consensus is not reached on a particular issue, the members
appointed to such committees and boards shall represent the majority and minorityviews of the
Council, in order to accurately portray the status of discussions on that issue.
S.Review thisInterlocal Agreement no fewer than every 10 years with the
assistance of legal counsel.
VI.FINANCING
A.Cost Allocation. All members shall pay the annual cost allocation as described in
the Bylaws. If payment by a member is not paid timely after notice of the cost allocation is
received, the member is subject to having its membership status revoked by the Executive Board.
B.Local Government Accounting. All services and transfers of property to the
Kitsap Regional Coordinating Council shall be paid and accounted for in accordance with RCW
43.09.210.
VII.FISCAL YEAR AND BUDGET
A.The Fiscal Year. The fiscal year shall coincide with thecalendar year.
B.Adoption of Budget. By September of each year the Executive Board shall adopt
a draft annual work program, budget, and cost allocation for the ensuing fiscal year that
identifies anticipated activities, goals, revenues, and expenditures for completing the work
program. Thefinal work program, budget, and cost allocation for the ensuing year shall be
adopted by the Executive Board no later than November of each year. No increase or decrease to
the final budget shall occur without the approval of the Executive Board.
C.Notice of Budget. On or before September 30, the Executive Board shall provide
written notice of the ensuing year’s draft budget, work plan, and cost allocation to the designated
representative(s) of each member agency. On or before November 30, the Executive Board shall
provide written notice of the final budget, work plan, and cost allocation adopted for the ensuing
fiscal year to the designated representative(s) of each member agency.
52020Amendments
D.Accounting, Budgeting, and Reporting. The Council shall be subjectto the
Budgeting Accounting & Reporting System (BARS) applicable to Category 1 local governments.
E.Fiscal Agent.The Council may retain a fiscal agent. The fiscal agent may be a
member agency who shall serve and be subject to removal, pursuant to theterms and conditions
as established by agreement between the fiscal agent and the Council.
F.Contracting. All contracts made by or on behalf of the Council shall be in
accordance with state law, including, but not limited to: Chapter 39.04 RCW, and Chapter 42.23
RCW, and Chapter 42.24 RCW.
VIII.WITHDRAWAL FROM AGREEMENT
Any member agency has the right to withdraw from this Interlocal Agreement by giving
the Executive Board six (6) months prior written notice. Unless otherwise provided by future
agreement, any member agency that withdraws shall remain responsible for its financial and
other obligations with regard to Council activities until the effective date of withdrawal and with
regard to agreements to which the Council is a party and which exist at the time of such notice of
withdrawal. Withdrawal by one member agency to this Interlocal Agreement shall not terminate
the Agreement as to any other remaining member agencies. Except as provided in Article IX of
this Agreement, any member agency that withdraws from this Agreement forfeits any rights it
may have to the Council’s assets; provided, however, such forfeiture shall not take effect if the
Council dissolves within one (1) year of the date of the withdrawal notice.
IX.DISPOSAL OF ASSETS
Upon dissolution of the Council, any Council assets, after payment of all liabilities, costs,
expenses, and charges validly incurred under this Agreement, shall be distributed to member
agencies which are members of the Council on the date of dissolution. Distribution of assets
shall be in proportion to the funding formula for cost allocation as described in the Bylaws, in
accordance with Article VI.B. of the Agreement, and existing at the time of dissolution. The
debts, liabilities, and obligations of theCouncil shall not constitute a debt, liability, or obligation
of any member agency. If assets cannot reasonably be distributed in proportion to the funding
formula, the Council shall declare the assets to be surplus, and shall offer the assets for sale
according to the requirements of chapter 43.19 RCW, and shall distribute the proceeds from the
sale in proportion to the funding formula established by the Executive Board in accordance with
Article VI.B. of this Agreement.
X.LIABILITY AND INSURANCE
A.Any loss or liability to third parties resulting from negligent acts, errors, or
omissions of the Council, Member agencies (excluding Associate Members), Ex Officio
Members, and/or employees while acting within the scope of their authority under this
Agreement shall be borne by the Council exclusively, and the Council shall defend such parties,
at its cost, upon request by the member agency, ex officio agency, and/or employee.
B.The Executive Board shall obtain commercial general liability, and auto liability
insurance coverage for the Council, Executive Board, and any staff employed by the Council, at
62020Amendments
levels no less than $1 million single occurrence and $2 million aggregate for each type of
liability that is insured. The policy shall name each member agency, and their respective elected
officials, officers, agents, and employees as additional insured’s. The Executive Board shall
annually evaluate the adequacy of the Council’s insurance coverage.
C.The Executive Board shall require that allcontractors and subcontractors utilized
by the Council obtain insurance coverage consistent with Article X.B.
XI.LEGAL REPRESENTATION
The Council may retain legal counsel. Legal counsel may be an employee of a member
agency, an outside entity, or an individual. In the event of a conflict of interest, the Council may
retain substitute or additional legal counsel. Additionally, Councilmay retain outside legal
counsel concerning any matter the Council deems appropriate. Retained counsel shall serve, and
be subject to removal, pursuant to the terms and conditions established by agreement between
legal counsel and the Council. An adjustment in cost allocation to Members will be made if the
Council retains outside legal counsel.
XII.ENTIRE AGREEMENT
This Agreement supersedes all previous Kitsap Regional Coordinating Council interlocal
agreements and all prior discussions, representations, contracts, and/or agreements between the
parties relating to the subject matter of this Agreement and constitutes the entire contract
between the parties.
XIII.MODIFICATION
Except as provided by Article XIX, the terms of this Agreement shall not be altered or
modified unless agreed to in writing by all member agencies and such writing shall be executed
with the same formalities as are required for the execution of this document.
XIV.WAIVER
The failure of any party to insist upon strict performance of any of the terms and
conditions of this Agreement shall not be construed to be a waiver or relinquishment of same,
but the same shall be and remain in full force and effect.
XV.NOTICE
Except as provided in Article XVIII of this Agreement, any notice required by this
Agreement shall be made in writing to the representative(s) identified in Article IV.B. of this
Agreement. Notice is effective onthe third day following deposit with the U.S. Postal Service,
regular mail.
XVI.SEVERABILITY
If any of the provisions of this Agreement are held illegal, invalid or unenforceable, the
remaining provisions shall remain in full force and effect.
72020Amendments
XVII. CHOICE OF LAW AND VENUE
This Agreement shall be governed by the laws of the State of Washington, both as to its
interpretation and performance. Any action at law, suit in equity, or other judicial proceeding
arising in connection with this Agreement may be instituted and maintained only in a court of
competent jurisdiction in Kitsap County, Washington.
XVIII. CLAIMS
A.Any claim for damages made under chapter 4.96 RCW shall be filed with the
Chair of the Kitsap Regional Coordinating Council, c/o the Clerk of the Kitsap County Board of
Commissioners, 614 Division Street, MS-4, Port Orchard, Washington, 98366.
B.Upon receipt of a claim for damages, or any other claim, a copy of the claim will
be provided by the Clerk of the Board to each member of the Executive Board.
XIX. EXECUTION AND FILING
A.Counterparts. The parties agree that there shall be multiple original signature
pages of this Agreement distributed for signature by the necessary officials of the parties. Upon
execution, the executed original signature pages of this Agreement shall be returned to the Clerk
of the Kitsap County Board of Commissioners, who shall file an executed original of this
Agreement with the Kitsap County Auditor. The Clerk of the Board shall distribute duplicate
conformed copies of the Agreement to each of the parties.
B.Later Approval and Filing. Later approval and filing of this Agreement by
additional parties as set forth in Article IV, Section D, shall be deemed an authorized amendment
to the Agreement already on file with the Kitsap County Auditor, without the need for
reconsideration and approval by parties that have already approved and executed the Agreement.
XX. EFFECTIVE DATE
This Agreement shall go into effect among and between the parties upon its execution by
all of the parties, as evidenced by the signatures and dates affixed below and upon its filing with
the County Auditor as provided in Article XIX.
IN WITNESS WHEREOF, this Agreement has been executed by each party on the date
set forth below:
Signatures on following pages
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Executed this ___ day of _____________, 2020.
CITY OF BAINBRIDGE ISLAND
Approved as to form
Bainbridge Island City AttorneyKol Medina,Councilmember
Executed this ___ day of _____________, 2020.
CITY OF BREMERTON
Approved as to form
Bremerton City AttorneyGreg Wheeler, Mayor
Executed this ___ day of _____________, 2020.
CITY OF PORT ORCHARD
Approved as to form
Port Orchard City AttorneyRobert Putaansuu, Mayor
Executed this ___ day of _____________, 2020.
CITY OF POULSBO
Approved as to form
Poulsbo City AttorneyBecky Erickson, Mayor
Executed this ___ day of _____________, 2020.
PORT OF BREMERTON
Approved as to form
Port of Bremerton AttorneyCary Bozeman, President
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Executed this ___ day of _____________, 2020.
PORT OF KINGSTON
Approved as to form
Port of Kingston AttorneyGreg Englin,Executive Director
Executed this ___ day of _____________, 2020.
KITSAP TRANSIT
Approved as to form
Kitsap Transit AttorneyJohn Clauson,Executive Director
Executed this ______ day of __________________, 2020.
KITSAP COUNTY BOARD OF
COMMISSIONERS
CHARLOTTE GARRIDO, Chair
ROBERT GELDER, Commissioner
ATTEST:
Dana Daniels, Clerk of the BoardEDWARD E. WOLFE, Commissioner
Deputy Prosecuting Attorney
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