Loading...
HomeMy WebLinkAbout03/13/2024 STUDY SESSION PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 WEDNESDAY, MARCH 13, 2024 CITY COUNCIL HYBRID STUDY SESSION AGENDA Starting at 5:00 PM in Council Conference Room 603 Council Conference Room 603 will be open to the public to attend the Study Session in-person, but there will be no opportunities for input. However, public questions or comments may be submitted at any time to City.Council@ci.bremerton.wa.us. Please remember that the content of the Agenda Bill items is subject to change; and no action at the Study Session is anticipated. If approved by the Council, these items will be placed on the March 20, 2024 City Council Meeting Agenda, or as indicated…  Members of the public may click the link below to join the webinar: https://bremertonwagov.zoom.us/j/8738266756?pwd=ZWlMVnVYbFBHYjY5U1RJUmFreDFXUT09  Or One tap mobile: US: +12532050468,,87318266756#,,,,*857582# or +12532158782,,87318266756#,,,,*857582#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 669 444 9171 or +1 669 900 6833 Webinar ID: 873 1826 6756 Passcode: 857582 A. BRIEFINGS ON AGENDA BILL ITEMS 1. Acceptance of the Missing Middle Housing Grant; and Approval of the Interagency Agreement with the WA State Department of Commerce 2. 2024-2025 City Council Goals & Priorities B. INFORMATION ONLY 1. Diversity, Equity, and Inclusion Program Update and Discussion on Position Recommendations C. GENERAL COUNCIL BUSINESS 1. Warren Avenue Bridge Multimodal Project Funding Discussion – Council President Jennifer Chamberlin Continued from February 14, 2024 Study Session 2. Public Safety Committee Briefing (Last Meeting 3/7/2024) – Chair Denise Frey 3. Regional and Other Committee/Board Briefings 4. Other General Council Business (As necessary, and as time allows…) D. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 13, 2024 Acceptance of the Missing Middle Housing Grant; and Approval of the Interagency Agreement with the WA State Department of Commerce COUNCIL MEETING Date: March 20, 2024 Department: DCD Presenter: G. Jackson Phone: (360) 473-5289 SUMMARY: The City of Bremerton requested, and was selected to receive, a $75,000 no-match grant from the Washington State Department of Commerce. The grant will help fund two items: 1) Consultant costs for graphic design of the Comprehensive Plan District Digest documents to increase communication and ease of reading, 2) Assist funding for existing DCD staff to develop regulation updates that would allow for “unit lot subdivision” (something that is required by State law, it is a subdivision type that is more conducive to creating Missing Middle Housing than traditional subdivisions). Staff will develop proposed regulation updates, which will include drafting new code language, conducting public outreach, and future presentations to the Planning Commission and City Council. These grant funds will offset General Funding that has already been allocated for DCD staff. ATTACHMENTS: $75,000 Grant Agreement with Washington State Department of Commerce FISCAL IMPACTS (Include Budgeted Amount): This is a no-match grant that will be used to offset the General Fund DCD staff expense to prepare a Comprehensive Plan District Digests and Unit Lot Subdivision code update. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the no-match grant with the Washington State Department of Commerce in the amount of $75,000, 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 A1 Interagency Agreement with Bremerton through Growth Management Services Contract Number: 24-63336-156 For Middle Housing Grant Dated: Date of Execution ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 2 of 14 Table of Contents TABLE OF CONTENTS .......................................................................................... ERROR! BOOKMARK NOT DEFINED. FACE SHEET ........................................................................................................ ERROR! BOOKMARK NOT DEFINED. SPECIAL TERMS AND CONDITIONS ..................................................................... ERROR! BOOKMARK NOT DEFINED. 1. AUTHORITY ........................................................................................................ ERROR! BOOKMARK NOT DEFINED. 2. CONTRACT PERIOD OF PERFORMANCE ............................................................. ERROR! BOOKMARK NOT DEFINED. 3. CONTRACT MANAGEMENT ............................................................................... ERROR! BOOKMARK NOT DEFINED. 4. COMPENSATION ................................................................................................ ERROR! BOOKMARK NOT DEFINED. 5. BILLING PROCEDURES AND PAYMENT ............................................................... ERROR! BOOKMARK NOT DEFINED. 6. SUBCONTRACTOR DATA COLLECTION ............................................................... ERROR! BOOKMARK NOT DEFINED. 7. INSURANCE ........................................................................................................ ERROR! BOOKMARK NOT DEFINED. 8. FRAUD AND OTHER LOSS REPORTING ............................................................... ERROR! BOOKMARK NOT DEFINED. 9. ORDER OF PRECEDENCE .................................................................................... ERROR! BOOKMARK NOT DEFINED. GENERAL TERMS AND CONDITIONS ....................................................................................................................... 6 1. DEFINITIONS .................................................................................................................................................... 6 2. ALL WRITINGS CONTAINED HEREIN ................................................................................................................. 6 3. AMENDMENTS ................................................................................................................................................ 6 4. ASSIGNMENT ................................................................................................................................................... 6 5. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION................................................................................... 6 6. COPYRIGHT ...................................................................................................................................................... 7 7. DISPUTES ......................................................................................................................................................... 8 8. GOVERNING LAW AND VENUE ........................................................................................................................ 8 9. INDEMNIFICATION .......................................................................................................................................... 8 10. LICENSING, ACCREDITATION AND REGISTRATION ........................................................................................... 8 11. RECAPTURE...................................................................................................................................................... 8 12. RECORDS MAINTENANCE ................................................................................................................................ 8 13. SAVINGS .......................................................................................................................................................... 8 14. SEVERABILITY ................................................................................................................................................... 9 15. SUBCONTRACTING .......................................................................................................................................... 9 16. SURVIVAL ......................................................................................................................................................... 9 17. TERMINATION FOR CAUSE............................................................................................................................... 9 18. TERMINATION FOR CONVENIENCE ................................................................................................................ 10 19. TERMINATION PROCEDURES ......................................................................................................................... 10 20. TREATMENT OF ASSETS ................................................................................................................................. 11 21. WAIVER ......................................................................................................................................................... 11 ATTACHMENT A: SCOPE OF WORK....................................................................................................................... 12 ATTACHMENT B: BUDGET .................................................................................................................................... 14 ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 3 of 14 Face Sheet Contract Number: 24-63336-156 Local Government Division Growth Management Services Middle Housing Grants 1. Contractor 2. Regional Planner City of Bremerton 345 6th Street, Suite 100 Bremerton, WA-98337 Benjamin Serr Benjamin.Serr@commerce.wa.gov 3. Contractor Representative 4. COMMERCE Representative Andrea Spencer Community Development Director 360-473-5283 Andrea.Spencer@ci.bremerton.wa.us Anne Aurelia Fritzel Housing Planning Manager 360-259-5216 Anne.Fritzel@commerce.wa.gov 1011 Plum Street SE Olympia, WA 98504 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $75,000 Federal: State: Other: N/A: Date of Execution June 30, 2025 9. Federal Funds (as applicable) N/A Federal Agency: N/A ALN N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # N/A 0000221-00 81 007 710 N/A 14. Contract Purpose For activities that support the preparation and adoption of policies and/or codes and other measures specific to implement middle housing (RCW 36.70A.030(26)) by applicable statutory deadlines. COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor Terms and Conditions including Attachment “A” – Scope of Work, and Attachment “B” – Budget. FOR CONTRACTOR FOR COMMERCE Greg Wheeler, Mayor Date Mark K. Barkley, Assistant Director Local Government Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL APPROVAL ON FILE ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 4 of 14 Special Terms and Conditions 1. AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2. CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3. COMPENSATION COMMERCE shall pay an amount not to exceed $75,000 (seventy five thousand dollars), for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work. 4. BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of deliverables provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 24- 63336-156. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services. Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date. The Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date. Duplication of Billed Costs The Contractor shall not bill COMMERCE for services perf ormed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 5 of 14 be paid by any other source, including grants, for that service. Any payment made by COMMERCE for costs that are determined to be duplicate, in Commerce’s sole determination, shall be subject to recapture and may result in suspension or termination of this Contract. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. COMMERCE may, in its sole discretion, withhold ten percent (10%) from each payment until acceptance by COMMERCE of the final report (or completion of the project, etc.). 5. SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Contract performed by subcontractors and the portion of Contract funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier. 6. INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 7. FRAUD AND OTHER LOSS REPORTING Contractor shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Contract immediately or as soon as practicable to the Commerce Representative identified on the Face Sheet. 8. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order:  Applicable federal and state of Washington statutes and regulations  Special Terms and Conditions  General Terms and Conditions  Attachment A – Scope of Work  Attachment B – Budget ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 6 of 14 General Terms and Conditions 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Washington Department of Commerce. C. “Contract” or “Agreement” or “Grant” means the entire written agreement between COMMERCE and the Contractor, including any Attachments, documents, or materials incorporated by reference. E-mail or Facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" or “Grantee” shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Con tractor. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers, and “Protected Health Information” under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). F. “State” shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 7 of 14 ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All Personal Information in the possession of the Contractor that may not be disclosed under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written c onsent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confident ial Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, includ ing intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 8 of 14 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Bo ard. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers, and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claim s, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERC E may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 9 of 14 calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply wit h any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of th e alleged compliance breach and pending corrective action by the Contractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law. ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 10 of 14 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days’ written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, would have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which COMMERCE has or may acquire an interest. ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 11 of 14 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract. E. All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors. 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 12 of 14 Attachment A: Scope of Work Grant Objective: 1. Prepare informational “City Council District Digest” documents concerning of HB 1110 and Middle Housing. 2. Amend subdivision regulations to provide for unit lot subdivision and other subdivision code amendments necessary to implement HB 1110. 3. Draft middle housing ordinance and development and design regulations for HB 1110. Actions/Steps/ Deliverables Description Start Date End Date Action 1 Create City Council District Digests, describing how each Council District may be impacted by Comprehensive Plan update land use modifications, including implementation of Middle Housing requirements per HB 1110. Digests include GIS mapping, demographic data, development data, and other information. 8/2023 2/7/2024 Step 1.1 Meet with Individual City Council members to discuss District Digests, HB 1110 implementation, and any requested alterations to District Digest prior to public release. 11/2023 1/2024 Step 1.2 Tour individual City Council Districts with individual Council members to discuss built environment, land use proposal, and HB 1110 implementation. 11/2023 1/2024 Step 1.3 Revise City Council District Digests based on City Council member feedback. This includes potential mapping, text, and data alterations. 11/2023 1/2024 Step 1.4 Draft public notification materials advertising City Council District Digests for upcoming City Council meetings, including posting flyers at City Parks, publication on Bremerton School District parent notification system Peachjar, advertising on City webpage, notifying interested parties, and more. 11/2023 1/2024 Step 1.5 Present District Digests at City Council Study Session, discuss HB 1110 implementation. 1/2024 1/2024 Step 1.6 Present District Digests at City Council Regular Meeting, discuss HB 1110 implementation, and overall housing strategy for Comprehensive Plan update. 2/2024 2/2024 ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 13 of 14 Deliverable 1 City Council Packet & Final District Digests as they relate to Middle Housing. 6/15/2024 Action 2 Create Draft zoning code amendments in legislative markup regarding Unit lot subdivision, and other subdivision zoning code amendments necessary to implement HB 1110. 6/2024 1/31/2025 Step 2.1 Review Commerce middle housing model ordinance anticipated January 23, 2024 1/23/2024 3/31/2024 Step 2.2 Participate in Commerce lead educational opportunities regarding model ordinance. 1/23/2024 6/15/2024 Deliverable 2 Draft Middle Housing ordinance (zoning code amendments) in legislative mark up. 1/31/2025 Action 3 Public process for review of Middle Housing Ordinance (zoning code amendments). Step 3.1 Develop report, analysis for start of public process. Planning Commission or Public Open House meeting(s) early for preliminary discussions. 6/2024 10/2024 Step 3.2 Prepare notices, distribute information, and public outreach. 6/2024 10/2024 Step 3.3 Perform Planning Commission Workshop(s) on specific topics, incorporate and gather the Commission and public comment(s). 6/2024 11/2024 Step 3.4 Conduct Agency/Tribal review and outreach. 2/2025 2/2025 Step 3.5 Present recommended amendments to Planning Commission and public hearing. 3/2025 3/2025 Step 3.6 Prepare draft ordinance and City Council Packet, prepare notices, and distribute information. 3/2025 4/2025 Step 3.7 Present to City Council Study Session and Public Hearing. 5/2025 5/2025 Step 3.8 Prepare for Council adoption and implementation. 5/2025 5/2025 Deliverable 3 Draft Middle Housing Ordinance and Summary Report on Public Outreach 6/15/2025 ATTACHMENT: DRAFT CONTRACT ________________________________________________________________________________________________________ Page 14 of 14 Attachment B: Budget Grant Objective: 1. Prepare informational “City Council District Digest” documents concerning of HB 1110 and Middle Housing. 2. Amend subdivision regulations to provide for unit lot subdivision and other subdivision code amendments necessary to implement HB 1110. 3. Draft middle housing ordinance and development and design regulations for HB 1110. Fiscal Year Commerce Funds Deliverable 1. City Council Packet & Final District Digests as they relate to Middle Housing FY1- June 15, 2024 $37,500 Deliverable 2. Draft Middle Housing ordinance (zoning code amendments) in legislative mark up. FY2 – January 31, 2025 $18,750 Deliverable 3. Draft Middle Housing Ordinance and Summary Report on Public Outreach FY2 – June 15, 2025 $18,750 Total: $75,000 Funds must be invoiced in the appropriate fiscal year (FY1 or FY 2), or they may not be able to be paid. Please be sure to invoice for all FY 1 by June 30, 2024 and FY 2 by June 30, 2025. ATTACHMENT: DRAFT CONTRACT AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: March 13, 2024 2024-2025 City Council Goals & Priorities COUNCIL MEETING Date: March 20, 2024 Department: City Council Presenter: Council President Jennifer Chamberlin Phone: (360) 473-5280 SUMMARY: The City Council holds an annual strategic Joint Planning Workshop with the Mayor and Department Directors to monitor progress and determine goals and priorities for the year. Through dedication, tenacity, and the will to serve the Bremerton community, the City Council ensures every plan is connected to a relevant City goal or priority to help them stay focused and move forward to do the best they can for the people who live here. ATTACHMENTS: 2024-2025 City Council Goals & Priorities 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 2024-2025 City Council Goals & Priorities as established based on input at the Joint Planning Session on February 24, 2024. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 A2 2024 – 2025 City Council Goals & Priorities As established at the Joint Planning Session on February 24, 2024 Economic Development  Support the Bremerton Creative District  Continue to support Main Street certification  Explore programs for historic preservation  Develop a policy to address chronically vacant properties  Continue to support incentives and the securing of funding for redevelopment in commercial areas, in particular for Wheaton Way corridor and Charleston District  Continue work with the Greater Kitsap Chamber, Kitsap Economic Development Alliance, Downtown Bremerton Association, etc. to promote economic development initiatives Housing Equity  Investigate options to ensure rental housing standards are met  Support funding for low-income housing development by working with community partners, etc.  Continue to support Bremerton Housing Authority in its development of a low-barrier hybrid shelter through budget allocations and public policy  Consider adjusting income levels to more closely reflect Bremerton incomes for 12- and 20- year Multi Family Tax Exemption  Continue to support creative and humane housing solutions through policy and funding decisions for a wide variety of housing types  Explore the Auditor’s list of city owned parcels and discuss potential use and restrictions in supporting expansion of affordable housing projects  Continue to lead the region in the development of “missing middle” housing creations (e.g. accessory dwelling units, cottage, duplex/triplex, permit ready plans) Parks and Environmental Stewardship  Support the development of Jarstad Park to Kitsap Lake Trail  Develop policies that encourage environmental stewardship  Continue support of Kitsap Lake Water Quality Program  Support the planning and development of a trail network throughout Bremerton Public Engagement  Increase city-wide communications impact  Increase public outreach prior to budget season  Develop a Council a frequently asked questions list accessible on Council’s website  Hold District Meetings on Comprehensive Plan  Re-establish outreach program with Bremerton High School Public Safety and Support  Increase public safety funding  Monitor the impact of current public safety policies and programs Staffing  Define the roles and responsibilities of Diversity, Equity, and Inclusion position based on consultant and community impact  Support sustainable funding for maintenance and operations of Parks and Public Works Transportation and Multimodal Support  Establish a comprehensive ranking transportation prioritization in collaboration with Public Works  Support data-based traffic calming policy that prioritizes safety of pedestrians and cyclists  Prioritize multimodal connectivity  Prioritize funding for residential street maintenance Form Created 5/4/15 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Diversity, Equity, and Inclusion Program Update and Discussion on Position Recommendations Study Session Date: March 13, 2024 Presenters: Kylie Finnell, City Attorney and Charlotte Nelson, Human Resources Manager SUMMARY: At the last study session, MFR Coaching & Consulting presented recommendations for Council regarding the City’s DEI position. During this study session, the Council will discuss those recommendations. Human Resources staff and Legal will be available for questions. The recommendations included: (1) The position be at director level. Council previously approved the position at manager level. (2) City use an outside recruitment firm for the recruitment of this position. There is not budget approval for this recommendation. (3) MFR Coaching & Consulting proposed a job description PRESENTATION: 1) Draft Job Description; 2) Survey Information for Director Position; 3) Survey Information for Manager Position; 4) Job Description (Kirkland); 5) Job Description (Olympia); 6) Job Description (Marysville); and 7) Management, Professional, Confidential & Fiduciary Employee Salary Schedule Added 3/12/24 9:57 AM STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation B1 Updated Working for and with our residents to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city ! Public Works and Utilities Department- Engineering Division 345 6th Street, Suite #100. • Bremerton, WA 98337 • (360) 473-5270 MEMORANDUM DATE: 3/8/2024 TO: City Council FROM: Shane Weber, Engineering Manager SUBJECT: Warren Avenue Bridge Alternatives and Funding Gap This memo has been developed to assist City Council in its discussion of funding a preferred alternative for the Warren Avenue Bridge Project. As requested by Council, the other feasible alternatives that are available to the project and the cost savings compared to Alternative X are included for information. The Warren Avenue Bridge Feasibility and Alternatives Analysis was recently updated based on new information provided by WSDOT and the addition of Council’s Alternative X, approved via Resolution 3363. Based on this new information the following alternatives were evaluated and are found to be structurally feasible, maintainable, and meet the purpose of the project to provide ADA accessibility. The total amount of secured funding is $26.5M; $1.5M for design and $25M for construction. Note that there is $500K in Climate Commitment Act (CCA) Funds secured for the project in the Legislature’s 2023-2025 Budget. However, the CCA is at risk of being repealed by Initiative 2117 this fall. If the CCA is not repealed, this funding would be available in January 2025. C1 Published for March 13 Council Meeting Item C1 – Presentation provided by Council Member Jeff Coughlin Project Analysis Based on March 6th SCJ Memo Jeff Coughlin March 13, 2024 Current Budget and Cost •Projected available funds are $27.0 million. •March 6th SCJ Memo puts project cost at $30.2 million. •Gap is $3.2 million. Expense Item $ in Millions Notes Construction $19.0 2026 Dollars Contingency Funds $4.1 25% of 2022 Construction Cost $ Management & Inspection $2.8 Engineering $2.3 UBIT $2.0 $1.27M purchase (2026) + $0.73M Operations Total $30.2 Exact total is $30,200,328.42. Budget Item $ in Millions Notes Initial Engineering $1.5 Additional Engineering $0.5 Tied to CCA Construction (2025-2027)$15.0 Construction (2027-2029)$10.0 Total $27.0 Phasing •The legislature's staggered appropriation of funds naturally leads to project phasing, adding time to secure additional funding. •Do 12' East in 2025 -2027, 8' West in 2027 -2029, and apply for grants in -between. •We'd have $17M for 2025–2027. ($2M engineering + $15M construction). •What is the cost to complete 12' East side in 2025 –2027? Rough Estimate: •100% of Engineering cost: $2.3 million •60% of Construction cost: $11.4 million •60% of Management and Inspection cost: $1.7 million •Total: $15.4M (leaves $1.6M for contingency and/or UBIT if needed.) More Detailed: •Many construction items not needed at all until Phase 2 (see next slide). •Total: $12.62M (leaves $4.38M for contingency and/or UBIT if needed.) More Detailed Phase 1 Cost Expense Item Construction Cost % of Full $ in Millions Bridge Prep 100%$0.50 Traffic Control 50%$0.27 Remove Center Curb 0%$0.00 Remove Edge Barrier 50%$0.25 Remove Sidewalk 50%$0.25 Steel Cost (Purchase and Clean/Paint)60%$4.62 Bridge Railing 50%$0.52 Traffic Barrier 33%$0.34 Remove and Replace Outer Catwalk 50%$0.55 New Center Catwalk 0%$0.00 3rd Party Damage 100%$0.05 Asbestos Removal and Illumination 50%$0.23 Art and Placemaking 0%$0.00 Erosion and Sediment Control 50%$0.27 Staircase & Sidewalk Tie-In 50%$0.15 Mobilization 50%$0.61 Construction Sub -Total 45.3%$8.62 Expense Item Construction Cost % of Full $ in Millions Construction Sub-Total 45.3%$8.62 Management and Inspection 60%$1.70 Engineering 100%$2.30 Total $12.62 Leftover for UBIT and/or Contingency if Needed $4.38 Possible Funding and Financial Solutions •WSDOT •Pedestrian & Bicycle Program (Due May 31) •Safe Routes to School (Due June 7) •Project needs to be within 2 miles of a school. •View Ridge, Armin Jahr, Naval Ave,Bremerton High, Catalyst are all only 1 mile away or less. •Surface Transportation Block Grant •Transportation Alternatives •PSRC/KRCC Grants •Modify current asks and/or add new one. •Apply in next biennium. •Transportation Improvement Board •Active Transportation Program (Open in June) •Public Works Board •Very low interest loans available. •Congressional Appropriations •Kilmer, Cantwell, Murray just opened. Possible Cost Reduction – Contingency Funds •Could reduce budget by $3.2 million. •$4.1 million of the project budget is contingency (25% of construction cost). •Since we have flushed out many of the risks and unknowns of this project, why is such a large contingency still included? Better ways to calculate. •WSDOT design-bid-build contract contingencies are limited to 4% of the total contract amount (2023 WSDOT Cost Estimating Manual for Projects). •A contingency of 5.5% of construction reduces budget by $3.2 million. Possible Cost Reduction – Shorter Catwalks •Could reduce budget by $937,000. •Catwalks are stated as needed for inspection around the deep girders on Piers 6 and 7. •Budget assumes each outer catwalk spans full 606-foot length of steel bridge segment. •Aspen Arial's analysis said only 50 feet on each side of Piers 6 and 7 is needed, but WSDOT instructed to include full length without justification. •At $770 per foot, only doing 200 feet for each of the 3 catwalks saves $937,860. Possible Cost Reduction – No Center Catwalk •Could reduce budget by $466,000. •Requirement of center catwalk seems to be based on Aspen Arial's analysis of UBIT capability, assuming girder depth of 15'10" as supplied by WSDOT. •15'10" is the maximum depth of the girder at the center of Piers 6 and 7, where a UBIT cannot physically be located for inspection . Any location a UBIT inspects from is away from a Pier and at a shallower girder depth. •A more reasonable mid-span girder depth of 12' 9" very likely allows the UBIT to inspect all the way to the center of the bridge, i.e., no catwalk. •Using the A -62T from the 8’ West side also seems to show it can reach past the center. •At $770 per foot, not requiring 606' of center catwalk saves $466,620. Possible Cost Reduction – Miscellaneous •$584,000 from leaving existing center concrete traffic barrier if not required to replace due to reduced catwalk weight, or pay it from future bridge deck improvement funding. •$1.34M from leaving existing inner pathway concrete and railing barriers in-place If not required to replace due to reduced catwalk weight. •Up to ~$1.0M less by urging WSDOT to follow-through on their offer to perform "an operation review of our inspection program", which will very likely show an A62-T can operate on most of all the same bridges as an A62. City only pays for cost difference at next scheduled replacement. •Up to $736,528 less on UBIT operational costs if UBIT can be used on other bridges and by other cities. Published for March 13 Council Meeting Item C1 – Public Works Response From: Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us> Sent: Wednesday, March 13, 2024 2:43 PM To: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us> Cc: Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>; Jane Rebelowski <Jane.Rebelowski@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; City Council <City.Council@ci.bremerton.wa.us>; Shane Weber <Shane.Weber@ci.bremerton.wa.us>; Ned Lever <Ned.Lever@ci.bremerton.wa.us> Subject: RE: WAB Slides Thank you for your comments Councilor - we understand your proposal to be to move forward with 100% design and permitting of Alternative X, construct the east side of the bridge as one phase and later construct the west side as a second phase, and pursue additional funds for the west side of the bridge. You have additional proposals for WSDOT to assume costs of barriers and UBIT operations, plus proposals to optimize catwalks and reduce contingency. We reached out to our consultant, WSDOT and our lobbyist regarding the proposal, and while didn’t receive complete comments, we did receive the following initial response: Current Budget and Cost (slide 2) Design and permitting is anticipated to take 2-years, and assuming the preferred alternative is confirmed soon, we anticipate advertisement in mid-2026 with construction in 2027-2028. This matches well with the State funding allocation schedule which has $15M programmed for 2025 – 2027 and $10M programmed for 2027 – 2029. Our lobbyist indicated that all Transportation Funding is reviewed every legislative session, and our funding will be reviewed and evaluated every year. He stated that any indication that Bremerton may not be ready to proceed according to our construction allocation schedule could result in our funding being delayed. He also noted that added scrutiny and competition for funding will occur if the Climate Commitment Act repeal initiative is passed in November. Phasing the Construction of the Project (slide 3) Phasing the project is not necessary because there is a year overlap between the 2025/2027 and 2027/2029 biennia. The project can be phased; however, there are significant issues and risks with this approach, as follows: o Increased design costs (crea�ng mul�ple design packages, limited WSDOT resources, etc.) This cost has not been quan�fied. o Increased construc�on costs (lost economies of scale, duplica�on of work, mul�ple contractor’s mobiliza�on, longer construc�on �me, added cost escala�on for the second phase, etc.) These costs have not been quan�fied. o WSDOT has indicated they will require both sides of the bridge to be brought up to ADA accessibility standards. In preliminary conversa�ons with WSDOT, they may require the City to provide a funding guarantee for subsequent phases un�l the en�re bridge is brought up to ADA standards. o Permits have �me limits and the �ming of the second phase could be subject to changing permit requirements. If Council elects to move forward with this approach, staff will need to re-evaluate project delivery (schedule, costs, resources) and would need to obtain approval from WSDOT. Possible Funding and Financial Solutions (slide 5) Staff agree there are programs in place for potential funding; however, there is no guarantee this project will be selected for funding. Most of the programs on this slide are federal funding programs. Staff strongly recommends that Council not federalize the project as the additional administrative requirements would delay the project and increase the permitting effort. Additionally, the project would be subject to federal funding requirements (Buy America, Disadvantage Business Enterprise, Davis Bacon Wages, etc.). In our experience, federalizing a project has been known to increase projects costs on the order of 30%. Possible Cost Reductions – Contingency Funds (slide 6) The design completed to date is conceptual, and detailed design will follow. As such, the contingency was established to cover project elements that are currently unknown. It is the professional recommendation of the consultant team, including WSDOT, that the contingency be retained at a minimum of 25% to account for added complexity in the design and construction, as well as to cover uncertainty in costs associated with permit requirements, bid climate, etc. The 4% referenced in the slide is what WSDOT calls a “Change Order Contingency” and typically assigns this to construction for change orders. Note that on a typical WSDOT project, their total contingency would be on the order of 25% – 30% at this “Scoping Phase” of the project. Our cost estimates include a single 25% contingency. Possible Cost Reduction – Catwalks (Slides 5, 7 and 8) Our structural design consultant, WSDOT structural engineer, and WSDOT structures maintenance have evaluated inspection requirements, and WSDOT has determined that the catwalks are required as described in the memo. That said, there is an opportunity to optimize the catwalks during design. Possible Cost Reduction – Miscellaneous (Slide 10) The replacement of the center barrier and the edge barriers are a required for the multimodal project, they’ve been vetted and approved by WSDOT, and are and included in the project. Note that WSDOT has stated repeatedly that they have no funding to provide to the multimodal project. WSDOT has been clear that the City is responsible for purchasing the UBIT. This direction has not changed. WSDOT has indicated the operations costs are likely worst-case scenario, so there could be a savings, but this is not guaranteed. Tom Knuckey, P.E. Director of Public Works & Utilities City of Bremerton Desk (360) 473-2376/Cell (360) 710-0039 tom.knuckey@bremertonwa.gov From: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us> Sent: Tuesday, March 12, 2024 5:29 PM To: Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us> Cc: Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us>; Jane Rebelowski <Jane.Rebelowski@ci.bremerton.wa.us> Subject: WAB Slides Hi Tom, Please find attached the PPT that Jane referenced in her phone call with you earlier today. I just finished it today. I'm happy to sit down anytime to talk through some of these ideas. Cheers, Jeff -- This e-mail and further communication may be subject to public disclosure, if requested under the Washington Public Records Act (RCW 42.56).