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Home My WebLink About06/15/2022 CITY COUNCIL AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, JUNE 15, 2022 CITY COUNCIL Virtual/Live Stream MEETING AGENDA To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers remains 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 Members of the public are invited to join the Zoom Meeting by clicking on the link below: https://us02web.zoom.us/j/89880089143?pwd=Q0lBbnJMMUZCRWNjN0Fzd1RTV2lwdz09 Or One tap mobile: US: +12532158782,,89880089143#,,,,*173061# or +16699006833,,89880089143#,,,,*173061# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799 or +1 929 205 6099 or +1 301 715 8592 Webinar ID: 898 8008 9143 Passcode: 173061 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1. CALL TO ORDER: 5:30 P.M. 2. MAYOR'S REPORT 3. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting June 1, 2022 C. Minutes of Study Session June 8, 2022 D. Supplemental Agreement No. 2 with HDR Engineering, Inc. for the Design of Naval Avenue Pedestrian Enhancements Project E. Cost Reimbursement Agreement with WA State Department of Ecology for Water Right Change Application Review F. Approval to Submit (2) Grant Applications with the WA Administrative Office of the Courts; and (1) with the US Department of Justice, Bureau of Justice Assistance; and to Approve a Memorandum of Understanding G. Goods and Services Agreement with Materials Testing & Consulting, Inc. for Materials Testing for Price Road and Brentwood Drive Culvert Replacements and Pine Road Basin Projects H. Contract with Active Construction, Inc. for Pine Road Basin Stormwater Improvements Project I.Memorandum of Agreement with the WA State Department of Fish and Wildlife for Schley Canyon Culvert Repair and Anderson Creek Dam Removals Projects J. Amendment A to Public Works Board Construction Loan Contract for the Ostrich Creek Culvert Improvements Project K. L. Transportation Alternatives Program Funding Grant with Puget Sound Regional Council; and Local Agency Agreement with WA State Department of Transportation for the Naval Avenue Bicycle & Pedestrian Project 4. PUBLIC RECOGNITION To comment on City- 5. PUBLIC HEARING A. Public Hearing on Resolution No. 3350 adopting the 2023 2028 Six Year Transportation Improvement Program 6. GENERAL BUSINESS A. Change Order No. 1 to Contract with Pape and Sons Construction, Inc for the Oyster Bay Avenue Force Main Replacement Project 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON 3A CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: June 15, 2022 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 398546-398686 and Electronic Fund Transfers V35337-V35400 in the grand total amount of $4,228,619.16 2. Regular Payroll for pay period May 31, 2022 in the amount of $1,052,377.18 3. Regular Payroll for payouts for May 31, 2022 in the amount of $29,614.30 4. Regular Payroll for retro pay for the period January 1, 2022 to April 15, 2022 in the amount of $83,542.78 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 3B CITY COUNCIL SUBJECT: Minutes of Meeting Study Session Date: N/A June 1, 2022 COUNCIL MEETING Date: June 15, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on June 1, 2022 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 June 1, 2022 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 1, 2022 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, June 1, 2022, at 5:30 PM with Council President Michael Goodnow presiding. Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Also present were City Attorney Kylie Finnell; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and IT Systems Administrator Kelly Wells. President Goodnow announced that the City Council is conducting the Council Meeting via Zoom, and all Council Members and staff will be participating remotely amended to add an Executive Session under Item 7A Mayor Wheeler provided highlights of the following items Bremerton Police Department Earning Professional Re-accreditation rd The 3 Year for Kitsap Lake Algae Control & Aquatic Vegetation Harvesting Project 2022 The New Discount Program for Internet Services under an Affordable Connectivity Program Permits Approved by Year for 2016 through 2022 CONSENT AGENDA 3A Claims & Check Register: Check Numbers 398351 through 398545 and EFT-V35263 through EFT-V35336 in the grand total amount of $2,131,544.33; Regular Payroll for pay period ending May 15, 2022 in the amount of $975,998.66; and Retiree Payroll for supplemental pay for May 18, 2022 in the amount of $17,606.50 3B Minutes of Meeting May 18, 2022 3C Minutes of Study Session May 25, 2022 3D Professional Services Agreement with Struck Environmental, Inc. for the Stormwater Management Action Planning Assistance Project 3E Public Works Agreement with H2O Solutions, LLC for the Reservoir 4 Interior Cleaning and Inspection Project 3F Interlocal Agreement between the City of Bremerton and Kitsap County Department of Community Development for Bremerton Kitsap Access Television (BKAT) Services 3G Ordinance No. 5450 amending Ordinance No. 5442 relating to the City of Bremerton FY-2022 Budget There were no questions or comments from the public 5:38 M/S/C/U (Coughlin/Younger) Move to approve the C ONSENT A GENDA as presented. PUBLIC RECOGNITION Comments from the public were provided by Raye Hill, Mary Lou Long, Patrick Cooper, Jane Rebelowski, Jeff Campbell, Michael Achey, and Caroline Stein; with responses provided by Mayor Wheeler, President Goodnow, Council Member Coughlin, and Council Vice President Chamberlin GENERAL BUSINESS 5A ORDINANCE NO. 5451 ADOPTING PROPOSAL TO MODIFY COUNCIL DISTRICT BOUNDARIES DUE TO THE 2020 US CENSUS: IT Manager Dave Sorensen and Former IT Manager Bill Eley explained that each decade, the US Government conducts a census of the City Council Reg. Mtg. Minutes Wednesday, June 1, 2022 Page 2 of 3 District Boundaries are changed to reflect the current population with a view to provide the public, as far as possible, with equal City Council representation. To formalize the new District Boundaries, the City is required to hold a Public Hearing on the proposed boundaries and then adopt the related Ordinance. A Public Hearing was held on May 18, 2022 to take public comment and now the action before the Council is to adopt the Ordinance. 6:12 Motion was made by Younger; and seconded by Dennehy provided by Younger, Coughlin, and Mockler; with responses provided by Ms. Finnell and Mr. Eley 6:17 M/S/C/U (Younger/Dennehy) Move to approve Ordinance No. 5451 adopting new City Council District Boundaries for the City of Bremerton based on the 2020 Census. 5B PRESENTATION ON A PROPOSED ORDINANCE AMENDING CHAPTER 6.32 OF THE BREMERTON MUNICIPAL : Assistant City Attorney Mychael Raya summarized that the City is seeking to amend Chapter 6.32 of the Bremerton Municipal Code and psychological effects of excessive noise and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the City Council to control the level of noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment. Recognizing these risks and within the limits established by the First Amendment, recommend Chapter 6.32 be amended to address the problem of noise pollution. Action is not proposed until June 15, 2022. Questions and comments from the public were provided by Jane Rebelowski and Michael Gustavson; with responses provided by Ms. Finnell Comments from the Council were provided by Chamberlin, Younger, Frey, and Mocker; with responses provided by Ms. Finnell and Mr. Raya COUNCIL MEMBER REPORTS Jennifer Chamberlin was touched by the outpouring of concern by the community when it was learned a gun show was being held at the Kitsap Conference Center; especially after recent gun- related tragedies across the nation; and sent out a huge congratulations to the 2022 graduating classes of Bremerton High School, as well as Olympic College. Denise Frey was pleased at the quick action by Columbia Hospitality in response to the gun show at the Kitsap Conference Center; disclosed that she was currently in Kihei Town in Maui, where she to chairing the Lodging Tax Advisory Committee this year; was excited to attend the Association of Washington Cities (AWC) Annual Conference later this month, along with Council Member Eric Younger; and expressed her appreciation for everyone who attends the Council Meetings by Zoom. Jeff Coughlin expressed his appreciation to Tiffany Schenk, General Manager of the Kitsap Conference Center for responding to community concerns over the gun show; reminded the public that there is still an open position on the Audit Committee; today being June 1 he highlighted the happy beginning of Pride Month this week, and the beginning of Music at the \[Farmers\] Market, Music in Manette concerts; and thanked the West Sound Cycling Club for leading a 30-mile bike ride in Seattle and surrounding area to gather information and ideas. Quinn Dennehy appreciated the citizens who took the time to speak earlier in the meeting; spent some time in Salt Lake City last week and over the weekend, took a moment to thank all the service members and veterans for their sacrifices; mentioned he lost his Council phone but hopes to find it in the next couple of days; also acknowledged Happy Pride Month, expressing his pride at being 37 and out and proud for the last 17 years; also thought it was amazing that 4 out of 7 members of the City Council Reg. Mtg. Minutes Wednesday, June 1, 2022 Page 3 of 3 Council are members of the LGBTQT community; mentioned several examples of recent gun violence and feels the country is failing its youth; and reminded us that all amendments have limits, nd including the 2 Amendment, and therefore plans to research what these limits are. Anna Mockler poignantly shared a story about speaking with her father, and equally agreeing on what a truly devasting tragedy it was in Uvalde; talked about the Safe Routes to School program while displaying examples of bad pavement conditions, as well as maps from the 2018 Pavement Analysis Report President Goodnow added that finding enough money to improve streets continues to be a challenge. Eric Younger agreed with Council Member Mockler that the City needs to spend more money on roads, especially local roads, and how he spent his whole Council career trying to find more money for streets; believed the Council should tell the Administration that they want to see more money in the Budget for streets before the Mayor releases his proposed budget. Michael Goodnow looked back on the school shooting at Marjory Stoneman Douglas High School in Parkland, Florida where his two nephews went to school, and his brother was a sheriff deputy who responded to the shooting at the school; remembered thinking at the time that something was now going to change, but how heartbreaking it is with this recent shooting in Uvalde, Texas; mentioned that he has been involved in organizing the Kitsap Pride Festival since the beginning and it has now grown to an event where close to 5,000 people are expected this year on July 23 at the Kitsap Fairgrounds at 4:00 PM, and welcomed Council Members to participate. At 7:28 PM, President Goodnow announced that a 15-Minute Executive Session would be held to discuss Pending Litigation as allowed under RCW 42.30.110(1)(i); and that no action is anticipated President Goodnow called the meeting back to order at 7:43 PM President Goodnow announced that meetings will continue to be held remotely, including the next Study Session on Wednesday, June 8 at 5:00 PM; and the Joint Planning Session on Saturday, June 11 at 9:00 AM. With no further business, President Goodnow adjourned the Council Meeting at 7:45 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager th APPROVED by the City Council on the 15 day of June, 2022. ________________________________________ MICHAEL GOODNOW, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 3C CITY COUNCIL SUBJECT: Minutes of Study Session Study Session Date: N/A June 8, 2022 COUNCIL MEETING Date: June 15, 2022 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on June 8, 2022 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the June 8, 2022 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 CITY COUNCIL STUDY SESSION MINUTES Wednesday, June 8, 2022 A virtual Study Session of the City Council of the City of Bremerton was called to order on Wednesday, June 8, 2022 at 5:00 PM, with Council President Michael Goodnow presiding. Other Council Members present were Eric Younger, Anna Mockler, Quinn Dennehy, Jeff Coughlin, Denise Frey, and Jennifer Chamberlin. Also present were Legislative Assistant Christine Grenier and IT Systems Engineer Hans Nilsson. President Goodnow established that the City Council is conducting the Study Session via Zoom, and that all Council Members and staff will be participating remotely. He further established that the Study Session is open for the public to listen-in, but there will be no opportunities for input; the content of these items is subject to change; If approved by the Council, these items will be placed on the June 15, 2022 City Council Virtual A. BRIEFINGS on AGENDA BILL ITEMS 1. Supplemental Agreement No. 2 with HDR Engineering, Inc. for the Design of Naval Avenue Pedestrian Enhancements Project Consent Agenda 2. Cost Reimbursement Agreement with WA State Department of Ecology for Water Right Change Application Review Consent Agenda 3. Approval to Submit (2) Grant Applications with the WA Administrative Office of the Courts; and (1) with the US Department of Justice, Bureau of Justice Assistance; and to Approve a Memorandum of Understanding Consent Agenda 4. Proposed Public Hearing on a Resolution adopting the 2023-2028 Six Year Transportation Improvement Program 5. Goods and Services Agreement with Materials Testing & Consulting, Inc. for Materials Testing for the Price Road & Brentwood Drive Culvert Replacement and Pine Road Basin Projects Consent Agenda 6. Contract with Active Construction, Inc. for the Pine Road Basin Stormwater Improvements Project Consent Agenda 7. Memorandum of Agreement with WA State Department of Fish & Wildlife for Schley Canyon Culvert Repair Project and Anderson Creek Dam Removals Project Consent Agenda 8. Amendment A to Public Works Board Construction Loan Contract for the Ostrich Creek Culvert Improvements Project Consent Agenda 9. Memorandum of Understanding with Meridian Terrace, LLC for Potential Easement Exchange and Property Acquisition Item Pulled President Goodnow called a break from 7:13 PM to 7:20 PM 10. Purchase of a 2022 Ford Ford/Hyundai Consent Agenda 11. Transportation Alternatives Program Funding Grant with Puget Sound Regional Council; and Local Agency Agreement with WA State Department of Transportation for the Naval Avenue Bicycle & Pedestrian Project Consent Agenda 12. City Council Study Session Minutes Wednesday, June 8, 2022 Page 2 of 2 President Goodnow called a break from 8:57 PM to 9:00 PM B. INFORMATION ONLY ITEMS 1. Presentation regarding Race Equity Advisory Committee REAC Chair Quinn Dennehy 2. Presentation regarding Discharge of Personal Fireworks City Attorney Kylie Finnell C. GENERAL COUNCIL BUSINESS o Public Safety Committee Briefing (Last meeting 6/2/2022) Chair Jennifer Chamberlin o Overview of Lodging Tax Chair Denise Frey o Other General Council Business was discussed, including the Joint Planning Session; and a request by Public Works Director Tom Knuckey to add a Change Order for the Oyster Bay Forcemain Replacement Project to the June 15 Agenda. President Goodnow announced that all meetings will continue to be held remotely until further notice, including the Joint Planning Session on Saturday, June 11 beginning at 9:00 AM and the next Council Meeting on Wednesday, June 15, 2022, beginning at 5:30 PM. With no further business, the Study Session was adjourned at 10:13 PM. Prepared and Submitted by: Christine Grenier ______________________________ CHRISTINE GRENIER Legislative Assistant th APPROVED by the City Council on the 6 day of July, 2022. MICHAEL GOODNOW, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk MG:AH:ls:cg AGENDA BILL CITY OF BREMERTON 3D CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Supplemental Agreement No. 2 with HDR COUNCIL MEETING Date: June 15, 2022 Engineering, Inc. for the Design of Naval Department: PW & Utilities Avenue Pedestrian Enhancements Project Presenter: Chris Dimmitt Phone: (360) 473-2307 SUMMARY: In April 2019, the City executed a contract with HDR Engineering, Inc. for the design of the Naval Avenue Pedestrian Enhancements Project in the amount of $614,400. One supplement has been executed for a time extension of the contract. The proposed Supplement No. 2 increases the contract value by $148,593.45 to a new total of $762,993.45; the work includes environmental permitting, open house support, additional sidewalk and signal improvement design, and geotechnical investigation. The supplement also extends the contract completion date to December 31, 2026. ATTACHMENTS: 1) Supplemental Agreement No. 2 with HDR Engineering, Inc. 2) Site Plan FISCAL IMPACTS (Include Budgeted Amount): This project is included in the Transportation Capital Projects Fund, an increase to this project budget was completed at mid-year. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Supplemental Agreement No. 2 with HDR Engineering, Inc. for the Naval Avenue Pedestrian Enhancements Project increasing the contract value by $148,593.45 to a new total of $762,993.45; 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 Organization and Address Supplemental Agreement IES!Fohjoffsjoh-!Jod/ 13 Number :3:!219ui!Bwfovf!OF-!Tvjuf!2411 Original Agreement Number Cfmmfwvf-!XB!:9115 426139!!)Djuz!Dpousbdu!7174* Phone: )536*!561.7311 Project Number Execution Date Completion Date IMQ.QC2:)117*Efdfncfs!42-!3133 Gfcsvbsz!24-!3131 Project Title New Maximum Amount Payable Obwbm!Bwfovf.!2tu!Tusffu!up!26ui!Tusffu!Cjdzdmf!boe!Qfeftusjbo!Foibodfnfout %!873-::4/56 Description of Work Djuz!pg!Csfnfsupo The Local Agency of IES!Fohjoffsjoh-!Jod/ desires to supplement the agreement entered in to with 13024031 426139!!)Djuz!Dpousbdu!7174* and executed on The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: Tff!Fyijcju!B.2!buubdife/ II dpousbdu!dpnqmfujpo!ebuf!fyufoefe!up!Efdfncfs!42-!3137/ for completion of the work to read: III Tff!Fyijcju!C!buubdife/ If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate Qbvm!Gfssjfs-!IES!Fohjoffsjoh!Jod/Hsfh!Xiffmfs-!Nbzps!Djuz!pg!Csfnfsupo By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 Fyijcju!B ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ p p ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ ¸ Ubtl!21!Fyqfotft!!!!!.!Usbwfm!gps!tjuf!Wjtju!!!!!.!Gjfme!xpsl!Frvjqnfou!!!!!.!Qsjoujoh!dptut!gps!RD!pg!Efmjwfsbcmft AGENDA BILL CITY OF BREMERTON 3E CITY COUNCIL SUBJECT: Cost Reimbursement Agreement Study Session Date: June 8, 2022 with WA State Department of Ecology for COUNCIL MEETING Date: June 15, 2022 Water Right Change Application Review Department: Public Works & Utilities Presenter: Teresa Smith Phone: (360) 473-2347 SUMMARY: The Cost Reimbursement Agreement will reimburse Washington State Department of Ecology for time spent on technical assistance and review of a draft report of examination for the City application to designate replacement Well 1R as the new point of withdrawal for the original water right claim for Well 1. ATTACHMENTS: Cost Reimbursement Agreement that sets terms and conditions, scope of work, and deliverables. FISCAL IMPACTS (Include Budgeted Amount): $7,020 from the Water Utility operations budget. No budget additions or changes required. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Cost Reimbursement Agreement between the City of Bremerton and WA State Department of Ecology, 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 11/09/2021 Cost-Reimbursement Agreement (CRA) Between State of Washington Department of Ecology and City of Bremerton CRA Project No. XXXX Phase 2 PART A SPECIAL TERMS AND CONDITIONS AND SCOPE OF WORK Effective Date: date of signature by the Washington State Department of Ecology End Date: May 31, 2025 Applicant Information Project Manager/ Billing Contact Primary Point of Contact Name Cami Apfelbeck Cami Apfelbeck Company City of Bremerton City of Bremerton Address 100 Oyster Bay Ave N 100 Oyster Bay Ave N Bremerton, WA 98312 Bremerton, WA 98312 Telephone (360) 473-5920 (360) 473-5920 Fax E-mail cami.apfelbeck@ci.bremerton.wa.us cami.apfelbeck@ci.bremerton.wa.us Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 1 of 13 Ecology Information Technical Project Manager/Primary Program Primary Point of Contact Point of Contact Name Chelsea Jefferson Amy Pearson Address PO Box 330316 PO Box 47600 Shoreline, WA 98133 Olympia, WA 98504 Telephone 425-495-2603 (360) 515-6811 E-mail chelsea.jefferson@ecy.wa.gov amy.pearson@ecy.wa.gov Project Description The City of Bremerton (City) submitted an application for change in the point of withdrawal for groundwater claim G1-116705CL on February 3, 2022 (CG1-116705CL). The proposed point of withdrawal is located approximately 500 feet upstream of the authorized point of withdrawal in the Anderson Creek sub-basin within the Kitsap Basin, cooresponding to Water Resources Inventory Area (WRIA) 15. Application No. CG1-116705CL does not contemplate mitigation at this time. Ecology has approved request to initiate a Phase 2 Cost Reimbursement Agreement (CRA) to evaluate the proposed change in point of withdrawal under Application No. CG1- 116705CL . As part of this Phase 2 CRA, Ecology will provide technical assistance to the City and their consultant, Aspect Consulting (Aspect). Ecology staff will invoice the City for all time spent working under this CRA. THEREFORE, IT IS MUTUALLY AGREED THAT: Statement of Work Ecology shall furnish through its internal staff resources the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Scope of Work and Deliverables. Performance Security Performance Security Option Selected and Dollar Amount (Pursuant To Section II.B.6. Of Part B General Terms and Conditions): Security deposit of $5,000.00 Terms of Agreement Consistent with the provisions of Part B General Terms and Conditions as well as the provisions of RCW 43.21A.690 and RCW 90.03.265, the following describes the specific tasks, budget detail, and schedule for the scope of work to be performed by Ecology to be subsequently reimbursed by the Applicant pursuant to this CRA. This CRA is intended not ultimately result in the issuance of permits. Accordingly, the Parties signatory to this CRA agree: Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 2 of 13 All eligible costs incurred by Ecology must be reimbursed by the City. Eligible costs include all reasonable and necessary direct and indirect costs that arise from evaluating Application No. CG1- 116705CL, including the cost of staff replacement for time spent working under this CRA. Ecology will send statements as costs are incurred for both the direct portion of staff costs and staff replacement costs. SCOPE OF WORK AND DELIVERABLES Background On February 3, 2022, the City submitted Application No. CG1-116705CL for change in the point of withdrawal for groundwater claim G1-116705CL. The proposed point of withdrawal (Well 1R) is located approximately 500 feet upstream of the previous point of withdrawal (Well 1). Well 1 was decommissioned in 2004. Both Well 1 and Well 1R are located in the Anderson Creek sub-basin, tributary to Sinclair Inlet, within the Kitsap Basin (WRIA 15). Anderson Creek is closed to new consumptive appropriations per WAC 173-515-040, adopted in 1981. Ecology requires that 100% of all new impacts on regulatory closures be mitigated. Ecology understands that Application No. CG1- 116705CL does not contemplate mitigation at this time. Scope of Work The purpose of this Phase 2 CRA is for Ecology to provide technical assistance on the proposed change in point of withdrawal and our review of a draft report of examination. Ecology expects that under this Phase 2 will draft the public notice and solicit comments on Application No. CG1-116705CL from the Washington State Department of Fish and Wildlife (WDFW) as well as local Tribes and other stakeholders as needed and as directed by Ecology. Ecology may facilitate these discussions and review of the draft report of examination by stakeholders. BUDGET AND SCHEDULE SUMMARY Estimated Estimated Rate Estimated Cost Hours 52 $72.00 $3,744.00 Ecology Direct 52 $63.00 $3,276.00 Staff Replacement Cost $7,020.00 Total Cost Estimate The budget and schedule summary presented here is for informational purposes only. Ecology tracks and manages costs at the total project level. A formal written and signed amendment to this CRA is required to increase the total project budget amount or extend the completion date. Entire Agreement and Signatures This CRA contains all the terms and conditions agreed upon by the parties. This entire CRA consists of Part A, Special Terms and Conditions and Statement of Work and Part B, General Terms and Conditions. No Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 3 of 13 other understandings, oral or otherwise, regarding the subject matter of this CRA shall be deemed to exist or to bind any of the parties hereto. This CRA may be amended by mutual agreement of the parties. A formal written and signed amendment to this CRA is required to increase the cost and scope of work. The signatories to this CRA represent that they have the authority to bind their respective organizations. IN WITNESS WHEREOF, the parties have executed this Agreement. Applicant Authorized Official: Ecology Authorized Official: Greg Wheeler Name Name Mary Verner Signature Signature Date Date th 345 6 Street PO Box 47600 Address Address Bremerton, WA 98337 Olympia, WA 98504 Telephone (360) 473-5266 Telephone (360) 407-6672 Fax Fax (360) 407-6574 Greg.Wheeler@ci.bremerton.wa.us E-mail E-mail mave461@ecy.wa.gov Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 4 of 13 PART B -Water Right - GENERAL TERMS AND CONDITIONS Recitals A. Pursuant to RCW 43.21A.690, RCW 90.03, and RCW 90.44 Ecology may enter into voluntary cost- reimbursement agreements with applicants to provide for the recovery of Ecology decision-making expenditures, on behalf of that applicant, related to permit coordination, environmental review, application(s) review, technical studies, permit processing, independent consultants, current staff review, staff technical assistance, and reasonable and necessary direct and indirect costs that arise from processing the permit. B. Further pursuant to, RCW 43.21A.690, RCW 90.03, and RCW 90.44 the Washington State Legislature has stated its intent that cost-reimbursement agreements free permitting agency resources to work on review of other project permits and, in particular, small-project permits. The use of cost-reimbursement agreements must not reduce agency staff available to work on application(s) not covered by cost-reimbursement agreements. Accordingly, this intent cannot be met unless all eligible costs incurred by Ecology are reimbursed by the Applicant. Eligible costs include legal costs for processing and decision-making through any final decision by Ecology and any such subsequent venue of first legal review, e.g., Pollution Control Hearings Board, Environmental and Land Use Hearings Board, Superior Court, etc. C. Fully aware of the above provisions and the full scope and intent of RCW 43.21A.690, RCWs 90.03, and RCW 90.44, and in consideration of Ecology processing any application(s) as provided in RCW 90.03.265, the -making costs associated with this Agreement as well as for any other such decision-making costs associated with any other application(s) which must be acted upon before the Applicant's. Agreement The Parties hereto agree as follows: A. Cost-Reimbursement Agreement. 1. Scope of Reimbursable Activities. This CRA (i.e., both Part A Special Terms and Conditions and Scope of Work, and Part B General Terms and Conditions) provides for reimbursement to Ecology by the Applicant for all reasonable and necessary direct and indirect costs generally described in the body of this CRA, and further described by tasks, budget detail, and schedule in Part A Special Terms and Conditions and Scope of Work. B. Reimbursement by the Applicant. 1. Liability for Reimbursement. Except as otherwise specifically excepted in this CRA, the Applicant is liable to Ecology for all actual and reasonable costs necessary for the tasks set forth in Part A Special Terms and Conditions and Scope of Work to process and make decisions concerning the Applicants permit application(s), as well as any other application(s) must be acted upon first (see Eligible Costs at II.B.2. below). Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department. These tasks are more fully described in Part A Special Terms and Conditions and Scope of Work including the identification of any senior application(s) which potentially must be acted upon before the Applicant's, without limiting the eligible costs as incurred by Ecology and reimbursable by the Applicant. Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 5 of 13 \[Note Any listing of application(s) names and numbers of senior application(s) referenced in Part A Special Terms and Conditions and Scope of Work is based on a preliminary analysis and may not represent a complete list of senior affected application(s). Ecology may add or withdraw application(s) from the list as needed.\] 2. Eligible Costs. Consistent with RCW 43.21A.690, RCW 90.03, and RCW 90.44 eligible costs of decision-making under this CRA, include both reasonable and necessary direct and indirect costs. a. Direct Costs. Direct costs are costs incurred as a direct result of Ecology working to fulfill its decision-making responsibilities pursuant to this CRA and the provisions of RCW 43.21A.690, RCW 90.03, and RCW 90.44 including, as applicable, and without limitation, costs of: i. Ecology personnel hours worked directly on the specific application(s) processing and decision-making being sought through this CRA, as well as any processing and decision- making associated with any such senior application(s) which must be acted upon before the Applicant's., Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department. Hours worked directly include all work for purposes of determining whether the application(s) satisfies thfour- partof RCW 90.03.290 and any other applicable legal requirements. Hours worked directly also include any hours spent to review the work of any consultant hired as part of this CRA, provide necessary technical assistance in the absence of a consultant with comparable technical skills, attend coordination and decision-making meetings, routine or otherwise, convened to monitor progress, set critical pathways, and generally ensure efficient and straightforward implementation of this CRA, and provide for training for Ecology personnel as necessary to implement this CRA. Costs of Ecology personnel hours includes salaries, retirement plan benefits, Social Security benefits, health care benefits, and other benefits required by law to be paid to, or on behalf of, employees. \[Note The personnel listed in this section are only representative of Ecology employees and their salary. The actual job class and rate on any project may vary.\] Ecology personnel hours are based on position (hourly rates are approximate): WMS Band 2 $75.00/hour Environmental Specialist 4 $53.00/hour WMS Band 1 $63.00/hour Environmental Specialist 3 $46.00/hour $63.00/hour Secretary Supervisor $39.00/hour Hydrogeologist 3 Secretary Senior $31.00/hour Hydrogeologist 2 $57.00/hour \[Note - Benefit costs are calculated at a rate of 36.0% of Ecology salaries, the indirect rate is calculated at a rate of 28.3% of salaries and benefits and are included in the hourly rates shown above. This rate could change annually\]. ii. contracting with and managing independent consultants, whose work is identified, scoped, performed, and managed solely under the exclusive direction and oversight of Ecology, in accordance with the provisions of RCW 43.21A.690, RCW 90.03, and RCW 90.44 and Part A Special Terms and Conditions and Scope of Work of this CRA, for decision-making work associated with processing and decision- making on the Applicantapplication(s), as well as any processing and decision- making associated with any such senior application(s) which must be acted upon before the Applicant's. Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department. iii. attorney, litigation, and expert witness fees and costs for decision-making work associated with processing and decision-making on the Applicants application(s), including any legal costs for processing and decision- making through any final decision by Ecology and any such subsequent venue of first legal review; Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 6 of 13 \[Note Ecologys rate for assignment of Assistant Attorney General Counsel is calculated at $130.28 an hour. This rate could change annually.\] iv. travel directly related to this CRA, the Applicants application(s), and any such senior application(s) which must be acted upon before the Applicant's at actual costs, or the current state rate, whichever is less; v. printing, production, and publishing of documents and other media directly related to this CRA, the Applicants application(s), and any such senior application(s) which must be acted upon before the Applicant's at actual rates; vi. purchase or rental of equipment directly related to this CRA, the Applicants application(s), and any such application(s) which must be acted upon before the Applicant's up to $500, beyond which advance approval of the Applicant is required; \[Note If, at the end of this CRA, Ecology wishes to retain any purchased equipment, it shall credit the Applicant with the remaining amortized value of the equipment; if Ecology does not wish to retain the equipment, the equipment shall be provided to the Applicant to take possession and ownership.\] vii. room rental for meetings and/or public hearings directly related to this CRA, the Applicants application(s), and any such senior application(s) which must be acted upon before the Applicant's; and \[Note Ecology shall make reasonable efforts to use low- cost, convenient, and available facilities for such purposes.\] viii. Other goods and services as reasonable and necessary to carry out the terms of this CRA at actual rates. b. Indirect Costs. Indirect costs of facilities, communications, personnel, fiscal, and other statewide and agency-wide services are also eligible costs. The agency indirect rate used shall be the rate approved by the agencys federal cognizant agency (which, as of the writing of this CRA, is the Environmental Protection Agency) for each fiscal year. The agency indirect rate shall be applied to the salaries and benefits paid to Ecology personnel working on this CRA, the Applicants application(s), and any such senior application(s) which must be acted upon before the Applicant's. \[Note The indirect rate is calculated at a rate of 28.3% of salaries and benefits. This rate changes annually.\] c. Staff Replacement Costs. Consistent with RCW 43.21A690 (3) (4) The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants or hire temporary employees to replace the time and functions committed by these permanent staff to the project. In order to maintain permit processing capacity, the agency may hire outside consultants, temporary employees, or make internal administrative changes. The restrictions of chapter 42.52 RCW apply to any cost- reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement. \[Note Contractor assistance is calculated at an average rate of $135.00/hour (not including travel), based on consultant rates in Ecologys FY 2011-12 Water Resources Consultant Pool. This rate could change annually.\] 3. Status Reports. Within 21 days of request, but not more often than once every 30 days, Ecology shall send to the Applicant a brief status report describing progress made under the terms of this CRA (consistent with the sample status report format provided herewith in Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 7 of 13 Appendix A). Upon written request of the Applicant, Ecology shall provide the Applicant with copies of all written product produced by Ecology or by contracted assistance to Ecology, withrespect tothe agreed scope of work. The exceptiontothisis documents which are privileged or are exempt from disclosure under the state public records law, RCW 42.56. 4. Preparation of Invoices. Invoices will be prepared on a monthly basis and mailed within 45 days after the close of a month. During the close of a state fiscal year, a supplemental invoice may also be necessary. Invoices will include a summary of costs incurred per the sample invoice provided herewith in Appendix B. If the Applicant has chosen to make a pre- payment as described under 6.c. below, the Applicant will receive a monthly summary in lieu of an invoice. The summary will be similar to the sample invoice in Appendix B except that it will reflect the amount of the pre-payment, costs to date, and the current pre-payment balance. 5. Payment of Invoices. Invoices shall be paid within thirty (30) days upon receipt of the invoice from Ecology. If the Applicant fails to pay an invoice within the stated time, Ecology may stop all work under this CRA until the invoice is paid. The Applicant will be responsible to pay interest at the rate of one percent per month, or fraction thereof, and any additional charges by the independent consultant for expenses of stopping work and later starting up again. 6. Performance Security. Upon execution of this agreement, the Applicant shall deposit with Ecology a performance security to ensure Ecology is reimbursed for all eligible costs incurred as a result of Ecology entering into this CRA. The following performance security options are acceptable: a. A security deposit for twenty-five thousand dollars ($25,000) or in a lesser amount if agreed to by the Parties, but no less than five thousand dollars ($5,000); b. A full pre-payment of costs, mandatory for expedited processing (RCW 90.44). Ecology may stop work on the Applicants application(s), as well as any such senior application(s) which must be acted upon before the Applicant's, when the Applicantpre-paid funds have been fully expended. Ecology may restart work under this CRA after such time as subsequent pre-paid funds have been received from the Applicant and deposited by Ecology. Pre-payment does not excuse the Applicant from paying costs incurred up to and through any stop work date. In the event performance security option of a, or b is selected, the Applicant is not excused from payment of eligible costs because the security deposit is held by Ecology. Ecology shall use the security deposit to resolve obligations incurred by Ecology as a result of entering into this CRA in the event such obligations are not reimbursed by the Applicant in accordance with the terms of this CRA. The security deposit amounts may be negotiated to a lower amount at the discretion of Ecology on the basis that maximum monthly financial obligations incurred by Ecology as a result of entering into this CRA will be substantially less than $25,000. The particular security deposit approach taken and dollar amount agreed to by the Parties shall be described in Part A Special Terms and Conditions and Scope of Work, and effected through subsequent signature of the Parties, and if pre-payment is selected then such shall be directed to the Department of Ecology, Cashiering Unit, P.O. Box 47611, Olympia, Washington, 98504-7611. 7. Supplemental Performance Security for Administrative Review. Ecology may require the Applicant to post with Ecology acceptable performance security as a supplement to that already secured to cover all costs, as estimated by Ecology in conjunction with the Office of the Attorney General, of any legal expense associated with any legal review before any venue of first review (e.g., PCHB, ELUHB, Superior Court, etc.).Each individual applicant is Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 8 of 13 responsible for his or her own appeal costs that may result from a water right decision made costs shall include the costs of any attorneys fees and other by the department. Such reasonable costs incurred by Ecology in connection with any first venue legal review proceedings. The Applicant shall not be liable for such administrative review costs incurred by Ecology in excess of the supplemental performance security amount. C. application(s). Final decisions on any aspect of the Applicants application(s), as well as any such senior application(s) which must be acted upon before the Applicant's, shall be made by Ecology. The Applicant shall have no control or direction over the work of Ecology staff, independent consultants working for Ecology, or attorneys representing Ecology. The Applicant shall have no direction or control of processing and decision-making on any application(s) processed pursuant to this CRA, either during processing and decision-making or through any such subsequent venue of first legal review D. Termination. 1. For Cause. Either Party may terminate this CRA upon five (5) days written notice if the other Party has breached any of the terms of this CRA and has failed to remedy such breach within thirty (30) days following receipt of notice of the breach. 2. For Lack of Authorization. This CRA will terminate immediately if the Legislature repeals the law under which this CRA is authorized or the courts declare it unlawful if such repeal or declaration is intended to affect existing CRAs. In the event legislative authority to expend funding pursuant to RCW 43.21A.690, RCW 90.03, and RCW 90.44 is withdrawn or amended, Ecology may terminate the contract under the Termination for Convenience clause, without a 30-day notice requirement as required for termination for cause, subject to renegotiation under those legislative authority limitations and conditions. 3. For Convenience. Except as otherwise provided in this contract, either Party may, by five (5) days written notice to the other Party and any relevant contractors assigned pursuant to this CRA, with 5 days beginning on the second day after the mailing, terminate this contract for its convenience. 4. Procedure. If either Party terminates this CRA for any reason before Ecology has rendered a decision on the Applicant's application(s), or on any such senior application(s) which must be acted upon before the Applicant's, the Applicant shall reimburse Ecology for costs incurred under this CRA up to, and through, the effective date of termination. Upon termination, if the Applicant does not reimburse Ecology for the costs incurred within thirty-two (32) days of Ecologys mailing written demand, Ecology may recover the costs from any performance security posted with or delivered to Ecology as applicable, and shall return or release the unneeded portions of the performance security to the Applicant within thirty (30) days after obtaining satisfaction of all costs incurred. If such recovery is inadequate to obtain full reimbursement, the Applicant shall be liable to Ecology for any remaining unpaid costs; a. If either Party terminates this CRA for any reason after Ecology has rendered a decision on the Applicant's application(s), or on any such senior application(s) which must be acted upon before the Applicant's, the Applicant shall continue to reimburse Ecology, even after termination, and this CRA shall remain in effect, for costs incurred under this CRA up to, and through, any final decision by any such subsequent venue of first legal review, on any and all decisions so rendered by Ecology before the Applicant terminated this CRA. Upon termination, if the Applicant does not reimburse Ecology for the costs incurred within thirty-two (32) days of Ecologys mailing written demand, Ecology may recover the costs from any performance security posted with or delivered to Ecology as applicable, and shall Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 9 of 13 return or release the unneeded portions of the performance security to the Applicant within thirty (30) days after obtaining satisfaction of all costs incurred. If such recovery is inadequateto obtainfull reimbursement, theApplicant shallbe liable to Ecology forany remaining unpaid costs; b. Upon termination by either Party for any reason, if the Applicant does not withdraw the application(s) covered by this CRA, Ecology shall be released from any commitment under this CRA with respect to processing and decision-making associated with the application(s). Equipment purchased to process and make decisions concerning the Applicant's application(s),or on any such senior application(s) which must be acted upon before the Applicant's, may remain the property of Ecology per the provisions of II.B.2.a.vi. above; c. Upon termination by either Party for any reason, Ecology may, at its discretion, stop or continue its processing and decision-making work on any application(s) covered by this CRA, but the Applicant shall not thereafter be responsible to reimburse Ecology for direct or indirect costs incurred for processing and decision- making on the application(s) on which no decision was rendered before a Party terminated this CRA; and d. The rights and remedies of the Parties shall be limited to those expressly provided in this CRA and its Appendices, including those in this Termination section. E. Additional Provisions. 1. No Waiver. No Party shall be construed to have waived any of its respective rights or interests in this CRA by a failure, in any instance, to have asserted, or made claim on, such right at the time such Party was entitled to assert the same. Waiver of any default or breach shall be deemed neither to be a waiver of any subsequent or other default or breach, nor a modification of the terms of this CRA unless stated to be such in writing, signed by Ecology, and attached to the original CRA. 2. Entire Agreement. This CRA and its Appendices (i.e., Appendix A Sample Acceptable Status Report, and Appendix B Sample Invoice), together with subsequent amendments signed and agreed to by the Parties, constitute the entire CRA between the Parties. 3. No Modification. There shall be no modification, amendment, change, or alteration of this CRA recognized as valid and binding on the Parties hereto unless same shall be reflected in a written instrument executed by the Parties. 4. No Assignment. Neither this CRA, nor any claim arising under this CRA, shall be transferred or assigned by the Applicant without the prior written consent of Ecology. 5. No Effect on Legal Requirements or Processes. Nothing in this CRA shall be construed to limit Ecology from complying with its obligations under applicable laws or from considering public comments received in any environmental review or regulatory process. This CRA shall not be interpreted in any manner to predispose or predetermine the outcome of any application(s), permit, environmental review, or other legal process. 6. Indemnification. The Applicant shall defend, protect and hold harmless the State of Washington, Ecology, or any employees or contractors thereof, from and against all claims, suits or actions arising from the Applicants acts which are libelous or slanderous, result in injury to persons or their rights or property, violate a right of confidentiality, or use or reproduce material of any kind which constitutes an infringement of any copyright, patent, trademark or trade name. Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 10 of 13 7. Dispute Resolution. a. Except for disputes regarding decisions of Ecology on the Applicant's application(s), or any such senior application(s) which must be acted upon before the Applicant's, any dispute arising under this CRA shall be decided by the Ecology official signatory to this CRA, or other authorized official of Ecology, who shall reduce his/her decision to writing and furnish a signed copy to all Parties signatory to this CRA. The decision of the Ecology official signatory to this CRA, or other authorized official of Ecology, shall be the final and conclusive decision of Ecology unless, within thirty (30) days from the receipt of a copy of such decision, either Party signatory to this CRA submits in writing to the other Parties a notice of its intent to appeal the decision of Ecology to a dispute resolution board. In such cases, the written request to appeal to a dispute resolution board must state the disputed issue(s), state the relative positions of the Parties, and be sent to all Parties. Parties must provide a written response within seven (7) days. Once a Party requests a dispute resolution board, each Party shall designate a representative, except that Ecology may designate a number of representatives equal to the number designated by all other Parties combined. The representatives shall mutually select a third member (or an additional member for disputes involving more than two Parties). The costs of the third or additional member shall be jointly shared. The dispute resolution board shall evaluate the facts, CRA terms, applicable statutes and rules, and make a determination by majority vote. The decision of the dispute resolution board shall be final and binding on all Parties and shall be governed by Chapter 7.04A RCW. b. Review of any decision of Ecology pursuant to sub-section 7.a. above shall not be sought under Chapter 43.21B RCW. Any action or proceeding brought to enforce or to review any decision otherwise arising out of or relating to this CRA, unless excepted in sub- section 7.a. above, shall be brought in the Superior Court of Thurston County. Pending final resolution of a dispute pursuant to this sub-section (i.e., 7.b.) the Parties shall proceed with the performance of this CRA in accordance with Ecology's final decision. 8. Governing Law. This CRA shall be governed by the laws of the State of Washington. The Applicant, by signing this CRA, acknowledges the jurisdiction of the courts of the State of Washington in this matter. 9. Severability. No provision of this CRA is severable from any and all other provisions of this CRA. Should any provision or provisions of this CRA be unenforceable for any reason, the Party finding itself unable to enforce said provision(s) may, at its sole discretion, declare this entire CRA to be null and void. 10. Records. Ecology shall maintain a complete record of publicly discloseable documents (i.e., correspondence, invoices, quarterly reports, work products, agreements, etc.) for the benefit of any Party interested in securing access to such record. Ecology does not waive its right to withhold documents privileged or exempt from RCW 42.56. 11. Notice. Any notice given under the provisions of this CRA by either Party to the other shall be deemed properly given upon receipt if in writing and delivered by hand or registered or certified mail addressed to the Parties. 12. Counterparts. This CRA may be executed in any number of counterparts, and each executed counterpart shall have the same force and effect as an original instrument as if all of the Parties to the aggregate counterparts had signed the same instrument. Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 11 of 13 APPENDIX A SAMPLE STATUS REPORT DATE TO: Applicant Project Manager FROM: Ecology Project Manager SUBJECT: Status Report on CRA Project No. 9R** The following provides a brief report on the status of activities occurring pursuant to your cost- reimbursement agreement with Ecology, and is intended to bring you up to current on the overall progress. Looking Back Activities Completed Since Last Status Update: Looking Ahead Activities Planned and Upcoming: Problem Areas Areas With Real (or Potential) Issues: If you have questions regarding this status update, please feel free to contact me. Thank you. Cc: Financial Manger File Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 12 of 13 APPENDIX B SAMPLE INVOICE INVOICE Date COMPANY NAME Agreement No.______ ADDRESS CITY, STATE ZIP Invoice No.: __________ Invoice for Ecology Cost Reimbursement Agreement Project No ____through (Date) Cost to Less Previous Current Invoice Date Invoices Amount 0.00 0.00 0.00 Salaries 0.00 0.00 0.00 Benefits 0.00 0.00 Indirect 0.00 0.00 0.00 0.00 Contracts 0.00 0.00 Goods & Services 0.00 0.00 0.00 0.00 Travel 0.00 0.00 0.00 Staff Replacement TOTAL Please remit payment and a copv of this invoice by (Date) to: Department of Ecology Cashiering Unit PO Box 47611 Olympia, WA 98504-7611 If you have any questions or desire further information regarding the agreement contact (Project Manager) at (phone). If questions are regarding the billing please contact (Fiscal Contact) in Receivables at (phone). FOR AGENCY USE ONLY: Invoice No.: ________ ΗΗΗΗΗΗΗΗΗΗ ___________________________________ _________________________________ cc: Project Manager Financial Manager Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 13 of 13 AGENDA BILL CITY OF BREMERTON 3F CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Approval to Submit (2) Grant Applications COUNCIL MEETING Date: June 15, 2022 with the WA Administrative Office of the Department: Municipal Court Courts; and (1) with the US Department of Presenters: Judge Tracy Flood Justice, Bureau of Justice Assistance; and to Dawn Williams Approve a Memorandum of Understanding Phone: (360) 473-5242 SUMMARY: The Bremerton Municipal Court would like to apply for 3 grant opportunities. The first two (2) grants are with the WA Administrative Office of the Courts (AOC): 1) Court Backlog Reduction and Audio/Visual Enhancements: This grant would provide funds to assist in improving audio/visual systems in the courtrooms and the backlog reduction grant would provide funds to assist in paying for Pro Tem Judges and other expenses necessary to reduce the backlog created by the COVID pandemic. No matching funds are required for this grant. These funds are available for use from 7-1-2022 until 6-30-2023. 2) Therapeutic Courts and Community Justice Counselors: This grant would provide funding to assist in establishing a Therapeutic Court, as well as provide funding for community justice partners. No matching funds are required for this grant. These funds are available for use from 7-1-2022 until 6-30-2023. 3) The third grant is with the US Department of Justice, Bureau of Justice Assistance (BJA) for the Community Courts Initiative Program: This grant opportunity is a much more significant grant and does require the City to commit to matching funds in the amount of $200,000 (this is 25% of the grant if a full grant of $600,000 is awarded). This grant award covers a 48-month period. The break down is essentially for a $50,000 a year investment, the City would receive $150,000 a year in grant funds for 4 years. Also included is a Memorandum of Understanding that is required to be executed to apply for this grant. ATTACHMENTS: Blank Grant Applications and Memorandum of Understanding FISCAL IMPACTS (Include Budgeted Amount): The BJA grant would require the City to commit to a match of 25% of the total cost of the program. This is anticipated to be approximately $50,000 a year for 4 years. The AOC grants do not require any matching funds so there would be no impact to the budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Motion #1 Move to allow Municipal Court to Submit (2) grant applications with the WA Administrative Office of the Courts; and (1) with the Bureau of Justice Assistance with a commit to supplying the necessary matching funds for the BJA grant. Motion #2 Move to approve the Memorandum of Understanding (MOU); and authorize the Mayor and Municipal Court Judge to execute the MOU on behalf of the City. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! + ! ! ! ! + ! ! ! ! ! ! ! ! NFNPSBOEVN!PG!VOEFSTUBOEJOH! ! Uijt!Nfnpsboevn!pg!Voefstuboejoh!)uif!NPV*!jt!foufsfe!joup!cz!boe!cfuxffo!uif!Djuz!pg! Csfnfsupo!Nvojdjqbm!Dpvsu!)uif!Nvojdjqbm!Dpvsu*-!uif!Djuz!pg!Csfnfsupo-!uif!Djuz!pg! 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AGENDA BILL CITY OF BREMERTON 3G CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Goods and Services Agreement with COUNCIL MEETING Date: June 15, 2022 Materials Testing & Consulting, Inc. for Department: PW&U Materials Testing for Price Road and Presenter: Gunnar Fridriksson Brentwood Drive Culvert Replacements and Phone: (360) 473-5758 Pine Road Basin Projects SUMMARY: Materials testing is needed for two projects: Price Road and Brentwood Drive Culvert Replacements (awarded to Active Construction, Inc. on April 7, 2022 for $2,498,498.00); and the Pine Road Basin Project (currently out for bids with contract award on June 2, 2022). Both projects will require the following services, at a minimum: subgrade analysis and compaction testing; rebar inspection; CSTC compaction testing; HMA aggregate testing and mix design; asphalt nuclear density testing; and asphalt coring testing. A Request for Proposals was sent to four firms on the MRSC Consultant Roster. A single proposal was received for $41,685.00 from Materials Testing & Consulting, Inc. (MTC). ATTACHMENTS: 1) Goods and Services Agreement for Price Road and Brentwood Drive Culvert Replacements and Pine Road Basin Project FISCAL IMPACTS (Include Budgeted Amount): This agreement cost is included in the Stormwater Capital Budgets for 2022 and 2023 and funded by the Public Works Trust Fund Loans. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to award the contract for materials testing for the Price/Brentwood and Pine Road projects with Materials Testing & Consulting, Inc. for $41,685.00; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 HPPET!BOE!TFSWJDFT!BHSFFNFOU! 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Hppet!boe!Tfswjdft!Bhsffnfou! Sfw/!1:03132! Date: May 18, 2022 Contact: Gunnar Fridriksson Client Name: City of Bremerton Phone:360-473-5758 Address: 345 Sixth St. Bremerton, WA 98337-1873 Geotech of Record: gunnar.fridriksson@ci.bremerton.wa.us Email: Based on Plans Dated: Feb 24, 2022 Architect: Dept. of Public Works-Engineering Division Project: Name Price Rd and Brentwood Dr Culvert Replacement Materials Testing & Consulting, Inc. (MTC) thanks you for the opportunity, and respectfully submits the following proposal to provide materials testing and special inspection services during construction of the above-referenced project. Combined with our past experience with projects of similar size and scope, we estimate the total cost of our services for this project to be: Special & Construction Inspection Bill Code Item / Description UnitQuantityRateTotal Schedule A Price Rd Roadway and Stream IPDS Hour10$ 75.00 $ 750.00 Site Subgrade & Rock Course Compaction IPDA Asphalt PavingHour6$ 75.00 $ 450.00 SAMPU Hour1$ 75.00 $ 75.00 Sample Pickup if Required (Allowance) Schedule B Price Rd Bridge IPDS Hour10$ 75.00 $ 750.00 Foundation & Slab Subgrade Compaction / VSI IPDS Hour10$ 75.00 $ 750.00 Site Subgrade & Rock Course Compaction RC Hour5$ 78.00 $ 390.00 Footings RC Stemwalls and WingwallHour10$ 78.00 $ 780.00 RC Hour5$ 78.00 $ 390.00 Base Plate Grout Sampling SW Hour5$ 88.00 $ 440.00 Structural Steel - Site Welding - Visual PA Hour5$ 78.00 $ 390.00 Epoxy & Expansion Anchors Allowance Schedule C Brentwood Dr Roadway and Stream IPDS Hour10$ 75.00 $ 750.00 Site Subgrade & Rock Course Compaction IPDA Asphalt PavingHour6$ 75.00 $ 450.00 SAMPU Hour1$ 75.00 $ 75.00 Sample Pickup if Required (Allowance) Schedule D Brentwood Dr Bridge IPDS Hour10$ 75.00 $ 750.00 Foundation & Slab Subgrade Compaction / VSI IPDS Hour10$ 75.00 $ 750.00 Site Subgrade & Rock Course Compaction RC Hour5$ 78.00 $ 390.00 Footings RC Stemwalls and WingwallHour10$ 78.00 $ 780.00 RC Hour5$ 78.00 $ 390.00 Base Plate Grout Sampling SW Hour5$ 88.00 $ 440.00 Structural Steel - Site Welding - Visual PA Hour5$ 78.00 $ 390.00 Epoxy & Expansion Anchors Allowance Subtotal - Special & Construction Inspection:$ 10,330.00 Laboratory Testing Bill Code Item / Description UnitQuantityRateTotal Schedule A Price Rd Roadway and Stream PROC Moisture Density Relationship/Proctor with SieveEach4$ 300.00 $ 1,200.00 EXT Asphalt Extraction with Gradation Each1$ 285.00 $ 285.00 RICE Rice DensityEach1$ 95.00 $ 95.00 Schedule B Price Rd Bridge CONC Concrete Compression Test Cylinders - 4” x 8” - Sets of 5Each15$ 25.00 $ 375.00 GROUT Grout Compressive Strength TestEach5$ 25.00 $ 125.00 Schedule C Brentwood Dr Roadway and Stream PROC Moisture Density Relationship/Proctor with SieveEach4$ 300.00 $ 1,200.00 UVC Uncompacted Void ContentEach$ 150.00 $ - EXT Asphalt Extraction with Gradation Each1$ 285.00 $ 285.00 RICE Rice DensityEach1$ 95.00 $ 95.00 Schedule D Brentwood Dr Bridge CONC Concrete Compression Test Cylinders - 4” x 8” - Sets of 5Each15$ 25.00 $ 375.00 GROUT Grout Compressive Strength TestEach5$ 25.00 $ 125.00 Subtotal - Laboratory Testing:$ 4,160.00 Page 1 of 2 Date: May 18, 2022 Contact: Gunnar Fridriksson Client Name: City of Bremerton Phone:360-473-5758 Address: 345 Sixth St. Bremerton, WA 98337-1873 Geotech of Record: gunnar.fridriksson@ci.bremerton.wa.us Email: Based on Plans Dated: Feb 24, 2022 Architect: Dept. of Public Works-Engineering Division Project: Name Price Rd and Brentwood Dr Culvert Replacement Project Management & Consulting Services Bill Code Item / Description UnitQuantityRateTotal PM - STR Project ManagementHour9$ 95.00$855.00 Subtotal - Project Management & Consulting Services:$855.00 Budget Estimate for Services - Total: $ 15,345.00 •Soils inspection and testing services are proposed to measure compliance with project documents, including drawings, specifications and the recommendation of the soils report. In the event that a test or tests fail to meet the soils report's recommendations or if project conditions differ from approved project documents, it shall be referred to the Geotechnical Engineer of Record for resolution. •Prices are subject to change if this agreement is not executed within 90 days from the date of the bid. •All services will be provided on a time and materials basis. The total is an estimate and the actual construction cost will be based on the project schedule and sequencing. The estimate is not a guaranteed price. A two hour minimum charge applies to all work performed, billing is also based on a portal to portal basis. A premium rate of 1.5 times the regular rate will be charge for overtime and 2 times the regular charge for Sunday's and holidays. •MTC will utilize the laboratory based closest to the project site. MTC offers additional services upon request which will be billed at our regular fee schedule. Acceptance of this proposal will constitute agreement to MTC standard general terms and conditions. •Invoices are due and payable upon receipt. Any invoice not paid within thirty (30) days of the date rendered may be assessed a finance charge of one-and-one-half (1½%) percent per month, for each month beyond thirty (30) days past due. Invoices not paid within sixty (60) days of the date rendered may result in MTC stopping work until such invoices are paid in full. Invoices not paid within ninety (90) days of the date rendered may be referred to an independent company for collection. Client will be responsible for all expenses incurred by MTC for the collection of any unpaid invoice(s), including collection fees, actual attorneys’ fees, and costs for legal counsel as stated in RCW 19.16.250.21. Furthermore, Client acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project, and/or place a lien on any real property until all outstanding invoices and/or fees have been paid in full. •As a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients, and authorization for publication of statements, conclusions or extracts from or regarding our reports is reserved pending our written approval. •In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our local staff and vast experience on projects of similar size and scope make MTC the clear team member of choice for this project. We look forward to working with you. Respectfully Submitted, Client Authorized Signature Colin Wright (360)647-9295 Printed Name & TitleDate colin.wright@mtc-inc.net Page 2 of 2 Date: May 18, 2022 Contact: Gunnar Fridriksson Client Name: City of Bremerton Phone:360-473-5758 Address: 345 Sixth St. Bremerton, WA 98337-1873 Geotech of Record:Assoc. Earth Sciences gunnar.fridriksson@ci.bremerton.wa.us Email: Based on Plans Dated:April, 2022 Engineer: Hererra Environmental Consultants Project: Name Pine Rd Basin Materials Testing & Consulting, Inc. (MTC) thanks you for the opportunity, and respectfully submits the following proposal to provide materials testing and special inspection services during construction of the above-referenced project. Combined with our past experience with projects of similar size and scope, we estimate the total cost of our services for this project to be: Special & Construction Inspection Bill Code Item / DescriptionUnitQuantityRateTotal IPDS Hour40$ 75.00 $ 3,000.00 Foundation & Slab Subgrade Compaction / VSI IPDS Utility Trench CompactionHour110$ 75.00 $ 8,250.00 IPDS Hour40$ 75.00 $ 3,000.00 Site Subgrade & Rock Course Compaction IPDA Hour24$ 75.00 $ 1,800.00 Asphalt Paving 1,040 tons SAMPU Hour4$ 75.00 $300.00 Sample Pickup if Required (Allowance) RC Hour10$ 78.00 $780.00 Footings Inlet and Outfall RC Hour10$ 78.00 $780.00 Stemwalls Inlet and Outfall RC Exterior Sidewalk, Driveway, ADA Ramps and Curb/GutterHour45$ 78.00 $ 3,510.00 Subtotal - Special & Construction Inspection:$ 21,420.00 Laboratory Testing Bill Code Item / Description UnitQuantityRateTotal PROC Moisture Density Relationship/Proctor with SieveEach6$ 3 00.00$ 1,800.00 SE Sand Equivalent Each2$ 1 00.00$200.00 FRAC Fracture Percentage Each2$ 70.00 $140.00 EXT Asphalt Extraction with Gradation Each1$ 2 85.00$285.00 RICE Rice DensityEach3$ 95.00 $285.00 CONC Concrete Compression Test Cylinders - 4” x 8” - Sets of 5Each20$ 25.00 $500.00 Subtotal - Laboratory Testing:$ 3,210.00 Project Management & Consulting Services Bill Code Item / Description UnitQuantityRateTotal PM - STR Project ManagementHour18$ 95.00 $ 1,710.00 Subtotal - Project Management & Consulting Services:$ 1,710.00 Budget Estimate for Services - Total: $ 26,340.00 •Soils inspection and testing services are proposed to measure compliance with project documents, including drawings, specifications and the recommendation of the soils report. In the event that a test or tests fail to meet the soils report's recommendations or if project conditions differ from approved project documents, it shall be referred to the Geotechnical Engineer of Record for resolution. •Prices are subject to change if this agreement is not executed within 90 days from the date of the bid. •All services will be provided on a time and materials basis. The total is an estimate and the actual construction cost will be based on the project schedule and sequencing. The estimate is not a guaranteed price. A two hour minimum charge applies to all work performed, billing is also based on a portal to portal basis. A premium rate of 1.5 times the regular rate will be charge for overtime and 2 times the regular charge for Sunday's and holidays. •MTC will utilize the laboratory based closest to the project site. MTC offers additional services upon request which will be billed at our regular fee schedule. Acceptance of this proposal will constitute agreement to MTC standard general terms and conditions. •Invoices are due and payable upon receipt. Any invoice not paid within thirty (30) days of the date rendered may be assessed a finance charge of one-and-one-half (1½%) percent per month, for each month beyond thirty (30) days past due. Invoices not paid within sixty (60) days of the date rendered may result in MTC stopping work until such invoices are paid in full. Invoices not paid within ninety (90) days of the date rendered may be referred to an independent company for collection. Client will be responsible for all expenses incurred by MTC for the collection of any unpaid invoice(s), including collection fees, actual attorneys’ fees, and costs for legal counsel as stated in RCW 19.16.250.21. Furthermore, Client acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project, and/or place a lien on any real property until all outstanding invoices and/or fees have been paid in full. Page 1 of 2 Date: May 18, 2022 Contact: Gunnar Fridriksson Client Name: City of Bremerton Phone:360-473-5758 Address: 345 Sixth St. Bremerton, WA 98337-1873 Geotech of Record:Assoc. Earth Sciences gunnar.fridriksson@ci.bremerton.wa.us Email: Based on Plans Dated:April, 2022 Engineer: Hererra Environmental Consultants Project: Name Pine Rd Basin •As a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients, and authorization for publication of statements, conclusions or extracts from or regarding our reports is reserved pending our written approval. •In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our local staff and vast experience on projects of similar size and scope make MTC the clear team member of choice for this project. We look forward to working with you. Respectfully Submitted, Client Authorized Signature Colin Wright (360)647-9295 Printed Name & TitleDate colin.wright@mtc-inc.net Page 2 of 2 AGENDA BILL CITY OF BREMERTON 3H CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Contract with Active Construction, Inc. for COUNCIL MEETING Date: June 15, 2022 Pine Road Basin Stormwater Improvements Department: PW&U Project Presenter: Gunnar Fridriksson Phone: (360) 473-5758 SUMMARY: This stormwater project addresses a historical flooding issue which has impacted the intersection of Robin Avenue and Dibb Street and adjacent residences. This project will construct new large diameter stormwater mains in Robin and Eagle Avenues and reconstruct both the outfall and inlet structures downstream on Stephenson Creek. The work on Eagle Avenue will include reconstruction of the driving surface and the work on Robin Avenue will include new sidewalks and ADA ramps. 5 bids were received and were opened on June 2, 2022. Active Construction, Inc. was the lowest responsive bidder with a total bid in the amount of $2,715,715.00 including sales tax. ATTACHMENTS: 1) Contract 2) Vicinity Map; 3) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2022 Stormwater budget and is funded by a Public Works Trust Fund loan in the amount of $3,881,330.00 and the Street Fund in the amount of $600,000 for a total of $4,481,330.00. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Contract with Active Construction, Inc. in the amount of $2,715,715.00 (including sales tax) for the Pine Road Basin Stormwater Improvements Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 %!!!!!61-111/11 %!!!!!21-111/11 %!!!!!!!2-311/11 %!!!!!!!4-111/11 %!!!!!84-111/11 %!!!!!35-911/11 %!!!!!!!!!!611/11 %!!!!!54-966/11 %!!!!!!!!!!!!!!8/11 %!!!!!!!!!!!!31/11 %!!!!!!!!!!!!31/11 %!!!!!!!!!!!!26/11 %!!!!!!!!!!!!46/11 %!!!!!!!!!!221/11 %!!!!!!!!!!!!51/11 %!!!!!!!!!!!!!!5/61 %!!!!!!!!!!!!81/11 %!!!!!34-111/11 %!!!!!!!!!!!!33/11 %!!!!!!!!!!!!51/11 %!!!!!!!!!!!!81/11 %!!!!!!!!!!!!71/11 %!!!!!!!!!!!!71/11 %!!!!!!!6-111/11 %!!!!!!!!!!261/11 %!!!!!!!!!!!!!!9/11 %!!!!!!!!!!611/11 %!!!!!!!!!!!!:1/11 %!!!!!!!!!!!!!!2/61 %!!!!!!!!!!861/11 %!!!!!!!!!!411/11 %!!!!!!!!!!!!!!7/11 %!!!!!!!!!!861/11 %!!!!!!!!!!611/11 %!!!!!!!!!!!!86/11 %!!!!!!!!!!!!:1/11 %!!!!!!!!!!251/11 %!!!!!!!!!!311/11 %!!!!!!!!!!261/11 %!!!!!!!!!!!!71/11 %!!!!!!!!!!221/11 %!!!!!!!!!!!!!!6/11 %!!!!!!!3-311/11 %!!!!!!!6-611/11 %!!!!!!!8-111/11 %!!!!!!!9-611/11 %!!!!!!!7-811/11 %!!!!!28-111/11 %!!!!!32-611/11 %!!!!!!!!!!461/11 %!!!!!!!!!!811/11 %!!!!!!!4-111/11 %!!!!!!!2-911/11 %!!!!!!!!!!711/11 %!!!!!67-276/11 %!!!!!!!!!!!!!!6/11 %!!!!!61-111/11 %!!!!!21-111/11 %!!!!!!!!!!231/11 %!!!!!!!!!!!!46/11 %!!!!!!!!!!!!46/11 %!!!!!!!!!!!!91/11 %!!!!!!!!!!!!!!1/86 %!!!!!!!2-211/11 %!!!!!!!!!!231/11 %!!!!!!!!!!!!33/11 %!!!!!!!!!!!!81/11 %!!!!!!!!!!!!26/11 %!!!!!!!7-111/11 %!!!!!31-111/11 %!!!!!!!7-111/11 %!!!!!!!!!!291/11 %!!!!!!!!!!291/11 %!!!!!!!!!!611/11 %!!!!!!!!!!536/11 %!!!!!!!!!!211/11 %!!!!!!!!!!511/11 %!!!!!!!2-311/11 %!!!!!!!!!!231/11 %!!!!!!!4-611/11 %!!!!!!!4-611/11 %!!!!!!!4-611/11 %!!!!!!!4-611/11 %!!!!!!!5-111/11 %!!!!!!!!!!!!91/11 %!!!!!!!!!!!!91/11 %!!!!!!!!!!311/11 %!!!!!!!!!!461/11 %!!!!!!!6-711/11 %!!!238-466/11 %!!!!!!!6-111/11 AGENDA BILL CITY OF BREMERTON 3 I CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Memorandum of Agreement with the WA COUNCIL MEETING Date: June 15, 2022 State Department of Fish and Wildlife for Department: PW&U - Engineering Schley Canyon Culvert Repair and Anderson Presenter: Gunnar Fridriksson Creek Dam Removals Projects Phone: (360) 473-5758 SUMMARY: A Memorandum of Agreement (MOA) between the City of Bremerton and the Washington State Department of Fish and Wildlife (WDFW) has been negotiated to allow the Schley Canyon Culvert Repair. As mitigation for perpetuating a fish passage barrier, the City agrees to provide offsite, in- kind compensatory mitigation in the Anderson Creek watershed by removing two City-owned concrete and earthen dams. These dams were constructed in the early 1900s to provide municipal water to the City and have not been in use since the 1960s. ATTACHMENTS: 1) Memorandum of Agreement; 2) Exhibit maps FISCAL IMPACTS (Include Budgeted Amount): There will be two separate projects to complete the work associated with this agreement: 1. The Schley Canyon Culvert Repair Project is funded by the Stormwater Utility Capital for $600,000. 2. The Anderson Creek Dam Removals Project is funded by the Water Utility Capital for $1,560,000. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Memorandum of Agreement with the Washington State Department of Fish and Wildlife, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 ! Nfnpsboevn!pg!Bhsffnfou! Cfuxffo!uif!Djuz!pg!Csfnfsupo!boe!uif!Xbtijohupo!Tubuf!Efqbsunfou!pg!Gjti!boe!Xjmemjgf! ! ! Uif!Djuz!pg!Csfnfsupo-!Xbtijohupo-!b!nvojdjqbm!dpsqpsbujpo!)Djuz*!boe!uif!Xbtijohupo!Tubuf! Efqbsunfou!pg!Gjti!boe!Xjmemjgf!)XEGX*-!b!efqbsunfou!pg!tubuf!hpwfsonfou-!tfu!gpsui!boe! sfdpse!uijt!nvuvbm!bhsffnfou!sfhbsejoh!uif!NdEpvhbm!Dsffl!)Tdimfz!Dbozpo*!dspttjoh!pg! Xifbupo!Xbz-!bt!gpmmpxt;! ! 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AGENDA BILL CITY OF BREMERTON 3J CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Amendment A to Public Works Board COUNCIL MEETING Date: June 15, 2022 Construction Loan Contract for the Ostrich Department: Engineering Creek Culvert Improvements Project Presenter: Gunnar Fridriksson Phone: (360) 473-5758 SUMMARY: The City received a loan from the Public Works Board to replace three fish blocking City owned culverts on Ostrich Bay Creek totaling $4,687,968 at 1.66% interest. The first culvert replacement was completed across Kitsap Way last year. The Price Road and Brentwood Drive Culvert Replacements Project was bid early this year and received two bids with the low bid being $606,140 of approximately $534,311. Public Works Board staff notified the City it could request an increase of up to $500,000 to the loan amount to address the shortfall. The City requested this increase and it was approved at the Public Works Board May 6, 2022 meeting. This amendment formalizes the loan increase. ATTACHMENTS: 1) Public Works Board Construction Loan Contract Amendment A FISCAL IMPACTS (Include Budgeted Amount): This project is funded in the 2022 Stormwater budget. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Amendment A to the Public Works Board Construction Loan Contract for the Ostrich Creek Culvert Improvements Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 CONTRACT FACE SHEET Contract Number: PC18-96103-004 Amendment: A PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT 1. Contractor 2. Contractor Doing Business As (optional) N/A City of Bremerton th 345 6 St, STE 100 Bremerton, WA 98337 3. Contractor Representative 4. Public Works Board Representative N/AN/A 5. Contract Amount 6. Amendment 7. New Contract Amount $ 4,687,968.00 Amount $5,187,968.00 $500,000.00 8. Amendment Funding Source 9. Amendment Start Date 10. Contract End Date Federal: State: Other: N/A: Amendment Execution Date June 1, 2038 11. Federal Funds (as applicable) Federal Agency CFDA Number N/AN/A N/A 12. Tax ID # 13. SWV # 14. UBI # 15. DUNS # N/ASWV0000221-181-002-539 n/a 00 16. Amendment Purpose The purpose of this amendment is to modify the amount of the loan The Board, defined as the Washington State Public Works Board and Borrower/Contractor acknowledge and accept the terms of this Agreement/Contract As Amended and have executed this Agreement/Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Agreement/Contract As Amended are governed by this Agreement/Contract Amendment and the following other documents incorporated by reference: Amendment Terms and Conditions. A copy of this Agreement/Contract Amendment shall be attached to and made a part of the original Agreement/Contract between the Board and the Borrower/Contractor. Any reference in the original Agreement/Contract to the respectively. FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD Signature Kathryn A. Gardow, Public Works Board Chair Print Name Date APPROVED AS TO FORM ONLY Title th This 18 Day of December, 2008 Date Rob McKenna Attorney General Signature on File Kathryn Wyatt Assistant Attorney General 2 DECLARATIONS CLIENT INFORMATION Legal Name: City of Bremerton Loan Number: PC18-96103-004 Amendment: A PROJECT INFORMATION Project Title: Ostrich Creek Culvert Improvements Project City: Bremerton Washington Project State: Project Zip Code: 98337 LOAN INFORMATION $5,187,968.00 New Loan Amount: $4,687,968.00 Prior Loan Amount: $5,187,968.00 Total Estimated Cost and Funding: % Loan Forgiveness % (if applicable): Loan Term: 20 Interest Rate: 1.66% st Payment Month: June 1 Loan Reimbursement Start Date: September 1, 2016 Time of Performance 60 months from Execution Date of this Contract to Project Completion. SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the Water system. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue means gross revenue minus expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. SCOPE OF WORK Replace three existing undersized culverts at: Brentwood Drive, Kitsap Way, and Price Road along Ostrich Creek to benefit fish habitat recovery and stormwater facility replacement. The project costs may include but are not limited to engineering, cultural and historical resources, environmental documentation, review, permits, public involvement, easements, bid documents and construction. The project needs to meet all applicable Local, State, and/or Federal standards. 3 4 AMENDMENT TERMS AND CONDITIONS Washington State Department of Commerce PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT Contractor/Borrower: City of Bremerton Contract Number: PC18-96103-004 Amendment Number: A The purpose of this amendment is to modify the loan amount of the above referenced Public Works Board Program. The Public Works Board (or its successors), a department of the State of Washington, (hereafter referred to as the "Board") and the Contractor, listed above and on the attached Face Sheet, agree to amend the declared loan as described below. The New Loan Amount is amended to delete the original Loan Amount in your contract and replace it with a sum not to exceed the Loan Amount as shown on the attached Declarations Page, and identified on the Contract Face Sheet as Contract Amount. The Interest Rate shall be the percent amount shown on the Declarations Page, per annum on the outstanding principal balance. 3 Certificate Of Completion Envelope Id: F728F2532EC54D6A8411337324D76E8AStatus: Sent Subject: Please DocuSign: PWB_Construction_Amendment_Contract_Temp.DOC Division: Local Government Program: Public Works Board ContractNumber: PC18-96103-004 DocumentType: Contract Amendment Source Envelope: Document Pages: 5Signatures: 0Envelope Originator: Certificate Pages: 5Initials: 0Mark Rentfrow AutoNav: Enabled1011 Plum Street SE EnvelopeId Stamping: EnabledMS 42525 Time Zone: (UTC-08:00) Pacific Time (US & Canada)Olympia, WA 98504-2525 mark.rentfrow@commerce.wa.gov IP Address: 147.55.134.51 Record Tracking Status: OriginalHolder: Mark RentfrowLocation: DocuSign 5/10/2022 12:18:40 PM mark.rentfrow@commerce.wa.gov Security Appliance Status: ConnectedPool: StateLocal Storage Appliance Status: ConnectedPool: Washington State Department of CommerceLocation: DocuSign Signer EventsSignatureTimestamp Greg WheelerSent: 5/10/2022 12:22:38 PM Gunnar.Fridriksson@ci.bremerton.wa.usViewed: 5/10/2022 12:24:30 PM Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/10/2022 12:24:30 PM ID: b574eee3-0a1b-4405-bb3e-f2452b07f376 Kathryn Gardow pwbgardowk@gmail.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/9/2022 12:32:48 PM ID: 2e745757-1742-488c-ac8b-ceb3abf7653d In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Witness EventsSignatureTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted5/10/2022 12:22:38 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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AGENDA BILL CITY OF BREMERTON 3K CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Purchase of a 2022 Ford Police Interceptor COUNCIL MEETING Date: June 15, 2022 Department: PW&U Ford/Hyundai Presenter: Chris Mottner Phone: (360) 473-2316 SUMMARY: The 2015 Ford Police Interceptor Vehicle #151420 was in a rear end Collison and after evaluation by Interceptor vehicle is available as a replacement from Bud Clary Ford/Hyundai by purchase off the Washington State DES procurement contract #05916. ATTACHMENTS: 1) Justification; 2) Vehicle Purchase Summary; 3) Quote 2022-5-375 FISCAL IMPACTS (Include Budgeted Amount): Purchase by ERR 510 funds. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the 2022 off the lot vehicle purchase order as presented in the summary in the amount of $48,321.47 including Washington State Sales Tax. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 AGENDA BILL 3L CITY OF BREMERTON CITY COUNCIL Updated SUBJECT: Study Session Date: June 8, 2022 Transportation Alternatives Program COUNCIL MEETING Date: June 15, 2022 Funding Grant with Puget Sound Regional Department: Engineering Council; and Local Agency Agreement with Presenter: Shane Weber WA State Department of Transportation for Phone: (360) 473-2354 the Naval Avenue Bicycle & Pedestrian Project SUMMARY: The City has been offered a Transportation Alternatives Program (TAP) Grant through the Puget Sound Regional Council (PSRC) to acquire right of way for Phase 1 of the Naval Avenue Bicycle and stth Pedestrian project which runs from 1 to 11 Street. The grant amount is $1,600,000 and requires a City match of 13.5% ($250,000) for a total of $1,850,000. The offered grant will be in WSDOT Standard Forms, with their standard terms and conditions. ATTACHMENTS: 1) Grant Award Letter, 2) Site Plan, 3) Local Agency Agreement (blank) FISCAL IMPACTS (Include Budgeted Amount): The grant offered is $1,600,000 and requires a 13.5% match ($250,000) for a total of $1,850,000. This grant and match are estimated to fully fund the right-of-way phase of Phase 1 of the project. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to accept Transportation Alternatives Program Grant; and approve the Local Agency Agreement with WSDOT for the Naval Avenue Bicycle and Pedestrian Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 Local Agency Agreement Agency CFDA No. 20.205 (Catalog Federal Domestic Assistance) Address Project No. Agreement No. For WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Length Name Termini Description of Work Claiming Indirect Cost Rate Project Agreement End Date Yes No Proposed Advertisement Date Estimate of Funding (1) (2) (3) Type of Work Estimated Total Estimated Agency Estimated Federal Project FundsFundsFunds PE a. Agency % b.Other Federal Aid c.Other Participation d.State Ratio for PE 1 1 1 e.Total PE Cost Estimate (a+b+c+d) Right of Way f. Agency % g.Other Federal Aid h.Other Participation i.State Ratio for RW 1 1 1 j.Total R/W Cost Estimate (f+g+h+i) Construction k.Contract % l.Other m.Other Federal Aid n.Other Participation o. Agency Ratio for CN p.State 1 1 1 q.Total CN Cost Estimate (k+l+m+n+o+p) 1 1 1 r.Total Project Cost Estimate (e+j+q) DOT Form 140-039 Page 1 Revised /20 Method A - Advance Payment - Agency Share of total construction cost (based on contract award) Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, column 2) in the amount of $ at $ per month for months. Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions , , Resolution/Ordinance No. Provisions The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the “Project Description” and “Type of Work.” When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and III.Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV.Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than Federal Government upon request. 1.Preliminary engineering. 2.Right of way acquisition. 3.Project construction. Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of federal aid funds and/or agreement closure. If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). funds paid to the Agency under the terms of this agreement (see Section IX). DOT Form 140-039 Page 2 Revised /20 The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI.Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200.The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1.Project Construction Costs – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation either a payment from the Agency to the State or by a refund from the State to the Agency. – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII.Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible Government. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. DOT Form 140-039 Page 3 Revised /20 The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI.Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII.Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.). funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. (1)To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2)To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the (b)Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal (c)Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039 Page 4 Revised /20 XIII.Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV.Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in (1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2)The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3)The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (5)The Secretary determines that such termination is in the best interests of the State. XV.Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. $100,000 for each such failure. XVII.Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). Additional Provisions DOT Form 140-039 Page 5 Revised /20 Instructions 1. – Enter the Agency of primary interest which will Agency Name and Billing Address become a party to the agreement. 2. – Leave blank. This number will be assigned by WSDOT. Project Number 3. – Leave blank. This number will be assigned by WSDOT. Agreement Number 4. a. – Enter the project name, total length of the project (in miles), Project Description and a brief description of the termini. Data entered here must be consistent with the name, length, and termini noted in the STIP and Project Prospectus Example: (Name) “Regal Road”, (Length) “1.2 miles”, (Termini) “Smith Road to Main Street” b. – Enter a concise statement of the major items of work to be Description of Work performed. Statement must be consistent with the description of work noted in the STIP and Project Prospectus. “Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and Example: traffic signal at the intersection of Regal Road and Dakota Avenue.” c. – Enter your Project Agreement End Date. This date Project Agreement End Date is based on your projects Period of Performance (2 CFR 200.309). For Planning Only projects – WSDOT recommends agencies estimate the end of the project’s period of performance and add three years to determine the “Project Agreement End Date”. For PE and RW – WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the “Project Agreement End Date”. For Construction – WSDOT recommends agencies estimate when construction will be completed and add three years to determine the “Project Agreement End Date”. d. – At construction authorization only, enter the ProposedAdvertisementDate proposed project advertisement date. e.–Check the Yes box if the agency will be claiming Claiming Indirect Cost Rate indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the local agency agreement. Indirect cost rate approval by your cognizant agency or through your agency’s self-certification and supporting documentation is required to be available for review by FHWA, WSDOT and /or State Auditor. Check the No box if the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance. 5.Type of Work and Funding (Round all dollar amounts to the nearest whole dollar) a. – Lines a through d show Preliminary Engineering costs for the project by type PE of work (e.g., consultant, agency, state services, etc.). *Federal aid participation ratio for PE – enter ratio for PE lines with amounts in column 3. – Enter the estimated amount of agency work in columns 1 through 3. Line a – Identify user, consultant, etc., and enter the estimated amounts Line b & c in columns 1 through 3. – State Services. Every project must have funding for state services. Line d Enter the estimated amounts in columns 1 through 3. – Total of lines a + b + c + d. Line e b. – If a Right of Way phase is authorized on the project, the appropriate RightofWay costs are shown in lines f through i. *Federal aid participation ratio for RW – enter ratio for RW lines with amounts in column 3. – Enter the estimated amount of agency work in columns 1 through 3. Line f – Identify user, consultant, etc., and enter the estimated amounts Line g & h in columns 1 through 3. Line i – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. – Total of lines f + g + h + i. Line j c. – Lines k through p show construction costs for the project by type of Construction work (e.g., contract, consultant, agency, state services, etc.). *Federal aid participation ratio for CN – enter ratio for CN lines with amounts in column 3. – Enter the estimated cost of the contract. Line k – Enter other estimated costs such as utility and construction Lines l, m, & n contracts or nonfederally matched contract costs. - – Enter estimated costs of all construction related agency work. Line o – State Services. Every project must have funding for state services. Line p Enter the estimated amounts in columns 1 through 3. – Total Construction Cost Estimate. Total of lines k + l + m + n + o + Line q p. d. Total Project Cost Estimate – Total Cost Estimate of the Project. Total of lines e + j + q. Line r *Please remember, if the federal aid participation rate entered is not the maximum rate allowed by FHWA, then the participation rate entered becomes the maximum rate allowed. 6. – An authorized official of the local agency signs the agreement, and writes in Signatures their title. Do enter a date on the Date Executed line. Note:NOT 7. – Choose the method of financing for the construction Method of Construction Financing portion of the project. a. is used when the state administers the contract for the agency. Method “A” b.is also used when the state administers the contract for the agency. Method “B” c. is used with projects administered by the local agency. The agency will Method “C” submit billings monthly through the state to FHWA for all eligible costs. The billings must document the payment requests from the contractor. If state-force work, such as audit and construction engineering, is to receive federal participation, it will be billed to the agency and FHWA simultaneously at the indicated ratio. To show continuous progress agencies should bill monthly until agreement is closed. 8. – When someone other than the County Executive/Chairman, Resolutions/Ordinances County Commissioners/Mayor is authorized to sign the agreement, the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance designating that individual. 9. – Submit one originally signed agreement form to the Region Parties to the Agreement Local Programs Engineer. It is the responsibility of the local agency to submit an additional, originally signed agreement form if they need an executed agreement for their files. The agreement is first executed by the agency official(s) authorized to enter into the agreement. It is then transmitted to the state for execution by Local Programs. The agreement is dated at the time of final execution by Local Programs. AGENDA BILL CITY OF BREMERTON 5A CITY COUNCIL SUBJECT: Public Hearing on Resolution Study Session Date: June 8, 2022 No. 3350 adopting the 2023 2028 Six Year COUNCIL MEETING Date: June 15, 2022 Transportation Improvement Program Department: PW&U Presenter: Vicki Grover Phone: (360) 473-2317 SUMMARY: The Six Year Transportation Improvement Program (TIP) is prepared pursuant to RCW 35.77.010. The TIP is updated annually and filed with the Puget Sound Regional Council (PSRC) and Washington State Department of Transportation (WSDOT). It is intended as a planning tool for the local, State and Federal transportation funding entities. The TIP has been prepared for City Council approval by Resolution prior to submittal to PSRC and WSDOT. This TIP is consistent with -Motorized Transportation Plans. ATTACHMENTS: 1) 2023 2028 Six Year City TIP Projects; 2) Resolution No. 3350; 3) List of Project Changes from FISCAL IMPACTS (Include Budgeted Amount): Annual adoption of a Six Year TIP is required by State law and is necessary to receive certain State and Federal Transportation funds. STUDY SESSION AGENDA: Limited Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 335023 2028 Six Year Transportation Improvement Program and allow the Mayor to forward the Resolution and Plan to the Puget Sound Regional Council and Washington Department of Transportation. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 RESOLUTIONNO. A RESOLUTIONof the City Council of the City of Bremerton, Washington, adopting the 2023 –2028Six Year Transportation Improvement Program. HEREAS, after proper notice, the City Council of the City of Bremerton held a W public hearing at the regular meeting of the City Council at 5:30 p.m. on June 15, 2022 to consider public testimony on the City’s proposed 2023 - 2028 Six Year Transportation Improvement Program and, having considered public testimony to the Programand in accordance with the provisions of RCW 35.77.010; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1.The 2023 through 2028 Six Year Transportation Improvement Program, set forth in Exhibit “A” attached hereto and herewith filed with the City Clerk, is hereby adopted. SECTION 2.Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3.Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 20____. MICHAEL GOODNOW, Council President APPROVED AS TO FORM:ATTEST: KYLIE J. FINNELL, City Attorney ANGELA HOOVER,City Clerk R:\\Legal\\Legal\\Forms\\FORMS ON COBWEB\\Resolution Rev. 09 2021.doc Page 1 of 1 Resolution Six Year Transportation Improvement Program Rev. 09/2021 City of Bremerton 2023-2028 Transportation Improvement Program Overview This section provides an overview of the changes from the previous 6-year project list (2022-2027) to this year’s 6-year project list (2023-2028). This overview is organized by: projects removed, projects added, and other changes. Project Tiers Each project or program was assigned one of three tiers. The tiers are defined as follows: Tier 1 – Fully funded projects Tier 2 – Partially funded projects Tier 3 – unfunded projects AND prospective grant funded projects (i.e. projects submitted for grant funding) Projects Removed/Added/Other Changes 1.Removed completed or planned to be completed projects. 2.Added newly funded or partially funded projects. 3.Added projects with prospective grant funding. Projects Removed: TIP IDComments Washington Avenue Sidewalk TR00057 The property owner is currently working Construction – Towers Dev Agreement on installing the sidewalk per the agreement. This is no longer a city project since the developer is going to do it. Removed from Tier 1. Bremerton School Zone Safety TR00062 Construction to be complete this year. Improvements Removed from Tier 1. HSIP III Kitsap Way Bike Lane/Warren TR00011 Construction to be complete this year. Signal Removed from Tier 1. PSE Power Pole Relocation TR00075 Relocations are being accomplished as part of Capital Projects. Removed from Tier 1. 15th and Corbett Intersection TR00035 Intersection improvements are completed. Improvements Removed from Tier 1. Trash cans and benchesTR00076 This project was moved into the operations and maintenance budget. Removed from Tier 1. Projects Added: TIP IDComments Phinney Bay Retaining Wall Guardrail TR00154 This is a new project that has been Project identified as a priority safety project. Added to Tier 2. th East/West Corridor Diet (6 TR00024 Project was identified in the Street) comprehensive plan and is included in the draft JCTP. Added to Tier 3. 11th Street Preservation Project TR00156 Project added to Tier 3and has been identified as a priority. Engineering is in the process of applying for grant funding. Added to Tier 3. th 12 Street Reconstruction TR00155 This is a new project that has been (Warren/Elizabeth) identified as a priority safety project. Added to Tier 3. View Ridge Elementary (Almira SRTS)TR00043B The View Ridge Elementary School project Phase 2 (Ivy to Riddell Road) was split into two phases based on funding. Phase 1 funding is secured through a grant from WSDOT. Engineering is applying for funding for Phase 2. Added to Tier 3. Other Changes: TIP ID Comments th Quincy Square on 4 Street TR00002 Moved project from Tier 2 to Tier 1. As project was received and is now fully funded. Project is moving into construction next year. SR 303 Warren Avenue Bridge TR00029 Moved project from Tier 2 to Tier 1. The Pedestrian Improvements project received construction funding from the legislature. View Ridge Elementary (Almira SRTS)TR00043AMoved project from Tier 3 to Tier 1. The Phase 1 (Sylvan Way to Ivy Road) city has received funding for this phase. CƩƚƒʹ Rebecca Jones <jonesrely@comcast.net> {ĻƓƷʹ Tuesday, June 14, 2022 4:30 PM ƚʹ City Council <City.Council@ci.bremerton.wa.us> {ǒĬƆĻĭƷʹ Public Comments - Annual Update of City's Transportation Plan Greetings! improving traffic and parking in the Manette neighborhood and (in the larger picture) improve the infrastructure of this treasured neighborhood as the city moves toward increasing density and marketing the commercial area as a destination shopping/restaurant area. One of the biggest concerns relates to the problematic traffic flow and parking situation on Pitt Avenue th between Harkins St. and E. 11 Street. It appears that parking signage has been removed on the west side of the street and it is not uncommon to find cars parked from corner to corner. This creates a safety hazard, as vehicles that are turning right off Harkins are forced to swing wide, into oncoming traffic on Pitt. There have been many near misses (especially given the fact that the majority of drivers do not come to a full stop at the stop sign on Harkins). Complicating this is the apparent lack of enforcement with respect to those who park practically on top of the fire hydrant on the east side of the street. This may have been workable when Manette was less busy, but with the explosive growth that Manette is seeing, the situation with this block/intersection is quickly becoming untenable. Those of us who live adjacent to the Manette commercial core also have the experience of alleyways being nearly blocked by folks who park right up to the entrance/exits of the alleyways. It would seem that many of these issues are easy fixes with signage and/or red paint designating no parking zones. Thank you in advance for your consideration of my comments. Sincerely, Rebecca Jones CƩƚƒʹ Wźƒ aĭ5ƚƓğƌķ ѡƆźƒƒĭВЉθŭƒğźƌ͵ĭƚƒѢ {ĻƓƷʹ ǒĻƭķğǤͲ WǒƓĻ ЊЍͲ ЋЉЋЋ ЍʹЍЊ ta ƚʹ /źƷǤ /ƚǒƓĭźƌ ѡ/źƷǤ͵/ƚǒƓĭźƌθĭź͵ĬƩĻƒĻƩƷƚƓ͵Ǟğ͵ǒƭѢ /ĭʹ WĻŅŅ /ƚǒŭŷƌźƓ ѡWĻŅŅ͵/ƚǒŭŷƌźƓθĭź͵ĬƩĻƒĻƩƷƚƓ͵Ǟğ͵ǒƭѢ {ǒĬƆĻĭƷʹ /ƚƒƒĻƓƷƭ ŅƚƩ ƷŷĻ tǒĬƌźĭ IĻğƩźƓŭ ƚƓ ƷŷĻ ƩğƓƭƦƚƩƷğƷźƚƓ LƒƦƩƚǝĻƒĻƓƷ tƌğƓ tƌĻğƭĻ ğķķ ƷŷĻ ğƷƷğĭŷĻķ ķƚĭǒƒĻƓƷƭ ğƭ ƒǤ ĭƚƒƒĻƓƷƭ ŅƚƩ ƷŷĻ tǒĬƌźĭ IĻğƩźƓŭ ŅƚƩ ƷŷĻ ƩğƓƭƦƚƩƷğƷźƚƓ LƒƦƩƚǝĻƒĻƓƷ tƌğƓ͵ {źƓĭĻƩĻƌǤͲ Wźƒ aĭ5ƚƓğƌķ TIP COMMENTS FOR 15 JUNE 2022 PUBLIC HEARING Dear Council members, please consider adding a project in you Transportation Improvement Planfor the core Manette area. Manette has a vibrant business center and an engaged community that hosts concerts, festivals, and a parade. This concept project would turn Pitt Avenue between E11th and E10th into a one-way street southbound and turn Scott Avenue between E11th and E10th into a one-way street northbound. Please refer to the attached Google Map of the area. As envisioned, the project would add sidewalks, bike lanes or sharrows, additional angle parking, and some landscaping. Besides the obvious safety benefits, this would also greatly improve the aesthetics of the area and correct the misaligned Pitt Avenue intersection where it crosses E11th. Both streets are wide and could support angled parking and the other amenities. This is Pitt Avenue looking north(left photo) and south (right photo). Note, vehicles are already angle parking. This picture shows the misalignment of Pitt Avenue as th it crosses East 11Street. Here are two pictures of Scott Avenue looking north: Here is a list of some of the eateriesin this two-block area: *The Boat Shed*Khao Soi*La Fermata *The Manette Saloon* *Saboteur Bakery Here is a list of some of the other businesses in this two-block area: *John Tracy Law Office*Manette Trading Company *JPL Habitability *Fox Hollow Collective*Manette Day Spa *Kitsap Natural MedicineClinic (and pharmacy) *J. Thayer Guitars This project could be funded in several ways. Over the last few years, the City has been running large budget surpluses, so taking the money from your ending fund balance would work. Bremerton started this year with over 20 million dollars in cash andliquid investments. Last year, the City collected REET funds of about$1million more than budgeted. The money could come from your REET surplus of funds.And your 2022cash flow report through April already shows thatBremertonhas over a million dollars in cash over your approved budget. Again, please consider adding this project into your Transportation Improvement Plan. The additional parking and other amenities would make a big improvement to Manette. Respectfully submitted, Jim McDonald Manette AGENDA BILL CITY OF BREMERTON 6A CITY COUNCIL SUBJECT: Study Session Date: N/A Change Order No. 1 to Contract with Pape COUNCIL MEETING Date: June 15, 2022 and Sons Construction, Inc for Oyster Bay Department: PW&U Avenue Force Main Replacement Project Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: The project is replacement of 2,200-ft of failing cast iron pressure sewer along Oyster Bay Avenue between Kitsap Way and Arsenal Way. The construction began in April and is nearly complete. The contract assumed the roadway would be restored with a trench patch; however, the existing pavement is failing and so a full roadway restoration is more appropriate. This change order for $223,149.11 will provide for a combination of grind and overlay and pavement replacement beyond the trench area for full width surface restoration of Oyster Bay Avenue. ATTACHMENTS: 1) Change Order No. 1; 2) Photographs of Site FISCAL IMPACTS (Include Budgeted Amount): The Change Order increases the contract total by $223,149.11; the project is included in the Wastewater Fund. A budget adjustment is not required. STUDY SESSION AGENDA: Limited Presentation Full Presentation N/A STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Change Order No. 1 with Pape and Sons Construction, Inc. for the Oyster Bay Avenue Force Main Replacement Project ;and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 Ejhjubmmz!tjhofe!cz!Csbemfz!Bqqmfnbo! Csbemfz!Bqqmfnbo Ebuf;!3133/17/21!19;67;28!.18ª11ª Pztufs!Cbz!Bwf!Gpsdf!Nbjo!Sfqmbdfnfou!! Qspkfdu!Obnf;! !! 6978! Qspkfdu!$;! DJUZ!PG!CSFNFSUPO! Qbqf!boe!Tpot!Dpotusvdujpo! Dpousbdups;! ! 403:033! OUQ!Ebuf;! 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