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Home My WebLink About11/18/2015 AGENDA f�------ - - i� I� �� : i' . I; . ... ; �i :� � ; : • �� • . � . �'_=a _-� CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 NOVEMBER 18, 2015 � CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 —5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITIOIV 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Budget Workshop— November 2, 2015 C. Minutes of Meeting — November 4, 2015 D. Minutes of Special Meeting — November 10, 2015 E. Purchase two Emergency Generators from Cummins NW for Pump Stations OB-6 & EB-3 F. Professional Services Agreement with KPG Interdisciplinary Design for design of the Crownhill Elementary Sidewalk Project G. Professional Services Agreement with KPG Interdisciplinary Design for design of the Highway Safety Improvements Project Phase 2 Project H. Ordinance No. 5287 amending Ordinance No. 4875 and No. 5226 to extend the term of the Puget Sound Energy Franchise Agreement to November 30, 2017 6. PUBLIC HEARINGS A. Public Hearing to adopt Resolution No. 3253 approving the 2016-2020 Kitsap County/City of Bremerton Regional Consolidated Plan B. Public Hearing to adopt Resolution No. 3254 approving the 2016 Community Development Block Grant (CDBG) and HOME Funding Recommendations to be included in the 2016 I CDBG/HOME Action Plan sent to the Department of Housing & Urban Development (HUD) C. Public Hearing on Revenue Sources for the Proposed 2016 City of Bremerton Budget (To receive public comment only...) D. 1 of 2 Public Hearings on the Proposed 2016 City of Bremerton Budget (To receive public comment only...) Continued on back... � C: 7. GENERAL BUSINESS A. Resolution No. 3255 re-establishing and amending City Rates and Fees for 2016 B. Ordinance No. 5288 amending Chapters 15.01 and 15.06 of the Bremerton Municipal Code (BMC) and Ordinance No. 5265 relating to Assessments, Rates, Fees, and Charges for Water, Wastewater, Stormwater Services C. Ordinance No. 5289 amending Section 3.50.050 of the Bremerton Municipal Code (BMC) relating to the Utility Taxes for Water, Wastewater and Stormwater Utilities D. Resolution No. 3256 amending Resolution No. 3194 relating to an Interfund Loan to the Conference Center Operations Fund from the Equipment Rental Reserve (ERR) Fund 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING �Americans with Disabilities Act(ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at(360) 473-5323 by noon on the day preceding the Meefing. i '� ..- . =.. 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Eve 4th Satu�da — Voluntee�s Needed! � y � � � � � � � � � � � � � � � � � � � � � � � � � � City Council President Greg Wheeler � � Invites ou to attend a � Y � � � C it of Bremerton � y � , , � � mmunit eetin � 0 � � � � on a ovem er � � , � � � � Be lnnln at 5 : 30 PM � g g � � ■��r��re��e��s��s�� Chal Martin, Public Works & Utilities Director � � & � � Jeff Coombe, Project Coordinat�r � � Representing Our Lady Star of the Sea Catholic Church � � � � Have been invited to provide an update and answer your � questions about the proposed � � � Veneta Street Closure between 5th & 6t�` Streets � � To Be Replaced with a Pedestrian Plaza � � .............................................................................., � � � The meeting will be held in the gym of � • � Our Lady Star of the Sea Catholic School � tn tn n � located at 1516 5 Street (corner of 5 & Ve eta) � � � You may contact (360) 473-5280 for further infoYmation � � � � � � � � � � � � � � � � � � � � � � � � BREMERTON CITY COUNCIL MEETING SPEAKERS LIST "Now that the Election Season is here,please be aware that per the Bremerton Citv Council Rules 8L Procedures, discussion of ballot issues is prohibated after the issue has qualified for the ballot; and all announcements or advertising concerning candidates is also prohibited..." PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD �-e,,�•-.a�� 1�-e_. -�s 1-�� lenh (� . � �� n � `, �.. REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL �A CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: November 18, 2015 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 365972 through 366174 and EFT's 15471 through 15519 in the amount of $2,454,933.68. 2) Regular Payroll for the pay period ending October 31, 2015 in the amount of$728,145.22. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 01/07/15 AGENDA BILL � B CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Budget Workshop - Study Session Date: N/A November 2, 2015 COUNCIL MEETING Date: November 18, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 �SUMMARY: Attached is a summary of the City Council Budget Workshop on November 2, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑X 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 01/07/15 DIGITAL RECORDING CITY COUNCIL BUDGET WORKSHOP MINUTES Monday, November 2, 2015 The Budget Workshop of the City Council of the City of Bremerton was called to order in the Council Conference Room 603 of the D�cKs GovERNmENT CENTER located at 345 6�h Street, Bremerton, Washington, Monday, November 2, 2015, at 4:00 PM, with Council President Greg Wheeler presiding. Council members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were Finance Director Cathy Johnson and Budget Analyst Caroline Tompson. Legislative Assistant Lori Smith was present to provide staff support to the Council. President Wheeler announced that the 2016 Budget Workshop was for the Council to hear presentations on the proposed budget. !t was further announced that this Budget Workshop was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. Cathv Johnson, Financial Services Director, concluded presentations on the 2016 Budget Process while Council Members asked questions and commented on the overview of the following specific subjects: 1) City Auditor; 2) ERR Fund; 3) Parks & Recreation, including Parks Administration; 4) Fountain Maintenance; 5) Kitsap Economic Development Alliance (KEDA); 6) Kitsap Aerospace and Defense Alliance (KADA); 7) B&O Tax; 8) City Clerk; 9) General Fund Engineering; 10)Additional PILOT Revenue; and 11) Suggested PILOT/Utility Tax. This concludes the Budget Workshops for 2015. It was announced that a Public Hearing will be held on an Ordinance to adopt the City of Bremerton FY-2016 Budget at the City Council Meeting on December 2, 2015. With no further business, President Wheeler adjourned the Budget Workshop at 8:00 PM. Prep red and Submitted by: L RI SMITH Legislative Assistant , Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:Is:cg AGENDA BILL �C CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Study Session Date: N/A November 4, 2015 COUNCIL MEETING Date: November 18, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on November 4, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 01/07/15 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, November 4, 2015 The weekly meeting of the Bremerton City Council was called to order Wednesday, November 4, 2015, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A CouNci� BRiEFiN� was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. President Wheeler announced that Council Member Pat Sullivan will lead the Pledge of Allegiance; and Deacon Bill Hamlin of Our Lady Star of the Sea Church will provide the invocation. MAYOR'S REPORT—Mayor Patty Lent... • Referring to 2015 data through the month of October, gave a positive report on the record number of permits and the high value of construction projects taking place in the City; • Proclaimed Sunday, November 15, 2015 as "America Recycles Da�'; • Encouraged students from 9th to 12th grade to participate in the Washington State Society "American Revolution Essay History Contest" by December 1; • Proclaimed Friday, November 13, 2015 as "World Pancreatic Cancer Awareness Day', which was accepted by Joan Mabbutt of the Pancreatic Cancer Action Network; • As part of Kitsap's Hunger& Homelessness Awareness Week, there will be a "Blessing of the Hats and Scarves" on Monday, November 16 at Noon at the Bremerton United Methodist Church; and then on Saturday, November 21 beginning at 10:00 AM the "Hunger 8� Homelessness March"will begin from Our Lady Star of the Sea Church to the Norm Dicks Government Center; • Encouraged First-Time Home Buyers to participate in a free workshop on November 19 8� 20 in the First Floor Chambers, and noted that a meal will be provided; and • Brought forward Public Works & Utilities Director Chal Martin, who was pleased to share the award presented in recognition Transportation Projects to the City of Bremerton at the 2015 Conference of the Infrastructure Assistance Coordinating Council (IACC) held in Wenatchee, WA from October 20 to 22. POLICE DEPARTMENT BRIEFING Police Chief Steven Strachan provided a monthly update on Police Department operations. KEDA BRIEFING � John Powers, Executive Director, Kitsap Economic Development Alliance provided a briefing on the 3�d Quarter"2015 Economic Development Report"; and shared a brief video on "Safe Boats". Council Members Runyon and Davis provided comments and asked questions, with responses provided by Mr. Powers... PUBLIC RECOGNITION Mike Watton, Community Relations Director with the Bremerton Family YMCA, provided an update on the events and activities currently taking place including the Teen Late Night Program on Fridays; a Youth NFL Flag Football League; and a Turkey Bowl on Thanksgiving Day. Dixie Armfield-Roperson of Eastern Wind Glass invited the community to the 2"d Annual Open House & Food Drive to be held on Saturday, November 14 from 10:00 AM to 5:00 PM at their new location at 2604 Burwell Street for food and beverages, and to meet local artists. City Council Reg. Mtg. Minutes Wednesday, November 4, 2015 Page 2 of 3 Bernie Waldbilliq of Susanna's Antiques will also be participating in the Open House & Food Drive; and also expressed a concern about trash left on the street after Charleston Cinema concerts. CONSENT AGENDA 7A— Claims & Check Register: Claim & Check Numbers 364774 through 365971 and EFT's 15433 through 15470 in the amount of $1,525,919.99; Regular Payroll (Pay Out& Correction) for the pay period ending October 15, 2015 in the amount of$668.37; and Retiree Payroll (Includes IAFF Retro)for the pay period ending October 31, 2015 in the amount of $74,250.93 76— Minutes of Meeting — October 21, 2015 7C — Minutes of Budget Workshop — October 26, 2015 7D— Minutes of Budget Workshop — October 27, 2015 7E — Minutes of Study Session — October 28, 2015 7F— Renewal of Lease Agreement with Pitney Bowes for a Connect+2000 Mailing System and an OfficeRight D1200 Folder 7G — 2016 Office of Public Defense (OFD) Grant for Public Defense and the Bremerton Municipal Court 7H— Professional Services Agreement with HDR, Inc. for Reservoir 4 Cover Replacement Design 7I— Concession Agreement with Kitsap Community Resources (KCR) 7J— Ordinance No. 5286 to amend Section 10.04.034 of the Bremerton Municipal Code (BMC) entitled "Inattention to Driving." There were no questions or comments from the public... President Wheeler referred to Item 7I, and explained that due to his position on the Kitsap Community Resources Board of Directors, that he would be abstaining from this vote... 06:40:11 M/S/C (Davis/Daugs) Move to approve the CoNSEtvT AGEtv�A as presented. Voted in Favor of Motion: Sullivan, Daugs, McDonald, Davis, Runyon, Younger Abstained: Wheeier Motion carried: 6-Yes; and 1-Abstention GENERAL BUSINESS— There were no General8usiness items... COUNCIL MEMBER REPORT Pat Sullivan announced that in honor of Veterans Day, all Veterans and Active Duty Military would receive a free Lunch or Dinner [3uffet at the Clearwater Casino in the Longhouse Buffet on Wednesday, November 11; and added that volunteers were welcome to participate in the Monthly Lions Park Work Party on Saturday, November 14 from 10:00 AM to Noon. Leslie Dauqs announced that the Asset Building Coalition is offering a free 7'h Annual Financial Fair on Saturday, November 7 from 9:30 AM to 1:30 PM at the Kitsap Community Resources building; and invited residents to attend the next District 2 Community Meeting on Thursday, November 12 from 5:00 to 7:00 PM at the Habitat for Humanity of Kitsap County Office for a discussion on proposed changes to Kitsap Transit routes in East Bremerton. City Council Reg. Mtg. Minutes Wednesday, November 4, 2015 Page 3 of 3 Jerrv McDonald shared photos from the Halloween Trick or Treat events held in both Manette and Downtown, plus the Haunted Ship on board the USS Turner Joy; welcomed the Liberty Bay Books storefront recently opened for the holidays; attended the Annual Fundraiser for the Valentinetti Puppet Museum with Mayor Lent; and invited residents to provide feedback on the Manette Playfield Master Plan during a Design Workshop scheduled on Tuesday, November 17 beginning at 6:00 PM at the Bremerton Senior Center located at 13th & Nipsic Avenue. Dino Davis reported that he too enjoyed attending the Infrastructure Assistance Coordinating Council (IACC) 2015 Conference in Wenatchee last month with Public Works & Utilities Director Chal Martin where they received an Award on behalf of the City of Bremerton for two local transportation projects; and also enjoyed attending the Public Works Managers Breakfast on Tuesday along with Council President Greg Wheeler and Council Member Leslie Daugs. Rov Runvon announced that due to the Veteran's Day Holiday, a Special Meeting would be held on Tuesday, November 10 for a City Council Study Session; addressed the misinformation reported on some local news channels that the City was going to increase utility rates to non-residents without their input to pay for resident services; and informed citizens that the only cut being proposed for the current budget is to decrease the full time position of the Internal Auditor to part time. Eric Younaer added that as part of the proposed Budget, the Council is requesting the State Audit Department to look at efficiencies at the City of Bremerton Parks Department; and reported that he enjoyed taking his family to the Haunted Turner Joy on Halloween. Greq Wheeler invited citizens to the next District 4 Community Meeting on Monday, November 9 from 5:30 to 7:00 PM in the basement of the Community of Christ at Memorial Lutheran Church where representatives from Olympic College will provide an update on the College Instruction Center(CIC) Project; and also reminded citizens to thank a Veteran in honor of Veteran's Day. With no further business, President Wheeler adjourned the Council Meeting at 7:00 PM. Prepared and Submitted by: — � LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:Is:cg AGENDA BILL � D CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Special Meeting - Study Session Date: N/A November 10, 2015 COUNCIL MEETING Date: November 18, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Special Meeting on November 10, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 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 01/07/15 DIGITAL RECORDING CITY COUNCIL SPECIAL MEETING MINUTES Tuesday, November 10, 2015 A Special Meeting of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DicKs GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, on Tuesday, November 10, 2015, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Dino Davis, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Council Member Roy Runyon was absent. Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Special Meeting was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the November 18, 2015 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 1. Purchase of two Emergency Generators from Cummins NW for Pump Stations OB-6 and EB-3 Consent Agenda 2. Professional Services Agreement with KPG Interdisciplinary Design for design of the Crownhill Elementary Sidewalk Project Consent Agenda 3. Professional Services Agreement with KPG Interdisciplinary Design for design of the Highway Safety Improvements Project Phase 2 Project Consent Agenda 4. Ordinance amending Ordinance No. 4875 and 5226 to extend the term of the Puget Sound Energy Franchise Agreement to November 30, 2017 ConsentAgenda B. BRIEFINGS & FULL PRESENTATIONS 5. Ordinance providing for the Issuance and Sale not to exceed $4,500,000 Principal Amount of Unlimited Tax General Obligation Bonds; and Delegating Authority to Approve Final Bond Terms Consent Agenda on December 2, 2015 6. Proposed Public Hearing to adopt a Resolution approving the 2016-2020 Kitsap County/ City of Bremerton Regional Consolidated Plan Public Hearing 7. Proposed Public Hearing to adopt a Resolution approving the 2016 Community C2velopment Block Grant (CDBG) and HOME Funding Recommendations to be included in the 2016 CDBG/HOME Action Plan sent to the Department of Housing 8� Urban Development (HUD) Public Hearing 8. Resolution making a Declaration of Substantial Need for Purposes of Setting the Limit Factor for the General Property Tax Levy and EMS Levy for 2016 Special Meeting on November 23, 2015 9. Ordinance levying Property Taxes for Collection in 2016 Special Meeting on November 23, 2015 10. Resolution re-establishing and amending City Rates and Fees for 2016 General Business 11. Ordinance amending Chapters 15.01 and 15.06 of the Bremerton Municipal Code (BMC) and Ordinance No. 5265 relating to Assessments, Rates, Fees, and Charges for Water, Wastewater, Stormwater Services General Business City Council Special Meeting Minutes Tuesday, November 10, 2015 Page 2 of 2 12. Ordinance amending Section 3.50.050 of the Bremerton Municipal Code (BMC) relating to the Utility Taxes for Water, Wastewater and Stormwater Utilities General8usiness 13. Resolution amending Resolution No. 3194 relating to an Interfund Loan to the Conference Center Operations Fund from the Equipment Rental Reserve (ERR) Fund General Business President Wheeler called a break from 7:05 to 7:18 PM... C. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (11/3/15 Meeting)—Chair Dino Davis o Public Safety& Parks Committee Briefing (11/10/15 Special Meeting)— Chair Leslie Daugs o Other General Council Business was briefly discussed. It was also determined that a Special Meeting would be held on Monday, November 23, 2015. With no further business, President Wheeler adjourned the Council Study Session at 8:10 PM. Prepared and Submitted by: — � � L RI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk I GREG WHEELER, City Council President GW:SC:Is:cg AGENDA BILL CITY OF BREMERTON � E CITY COUNCIL SUBJECT: Purchase of two Emergency Study Session Date: 11/10/15 Generators for Pump Stations OB-6 and COUNCIL MEETING Date: 11/18/15 EB-3 Department: PW&U/WWTP Presenter: Pat Coxon Phone: 360 473-5448 SUMMARY: Currently Pump Stations (PS) OB-6 and EB-3 do not have emergency generators as backup power for use during storms/power outages. Staffs have been shuffling our two existing portable generators to each site to power up and pump down the stations, and this has required extra personnel on overtime to accomplish this task. We requested quotes from multiple vendors for a 60KW generator for PS OB-6 and a 100 KW generator for PS EB-3, and Cummins NW was the lowest responsive vendor for supplying two (2) reconditioned generators. Both of these units come with a one (1) year warranty. The cost for each unit is as follows: 60 KW- 28 262.00 (including tax), 100 KW- $36. 958.00 (including tax). ATTACHMENTS: 1) Cummins NW quotes; 2) Vendor quotation worksheet. FISCAL IMPACTS (Include Budgeted Amount): Included in 2015 WW CIP - 594.35325, $100,000 total budget, $50,000 budgeted for each station. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the two generators from Cummins NW in the amount of$65,220.00, and authorize the Mayor to finalize and execute the purchase with substantially the same terms and conditions as presented. � COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 PUR HASE QUOTATION SHEET Purchases which wUl be over$i,000.00 witl require.three(3}quo�al(ons, and wlll become e pert of lhe purchase request. ,tJ� IQOw�$ � i C n.)� G✓ �-.� I h.# = S - • � -3 o C Ph.# 7-35- cv 3y o e " Quolef � L �v.! uoter ..� aty� oat� �a�e �eie Unit Unil Total UnH Toial Unit Tolal es r o e 'd t ole u te uoie uote uote uole ' v ollw � ' 1 ..r 'L � k �9tw � I �s �3� c�� a�� Z.�Jpaa. � C v.•�, .r► ' / a 0 J�Cr� � Dd0 vb ,o��SA.0 G �� w�u ok�- r � � zJ�`' � H c vo 6 /do/� � sc� �'.��, �� su�-tocai �/ / 2, a� � �� oob�,�o 9`$ 2$0 0� I �7 �.i 5 2to . �� SS�> 3-� Sales Tex ; � � sotal i 0 I .� 6S 22�, � /06 830 � .+ . i � Signatur n R �� I I � . a Ritk Zimburean From: King,Don Lee <DLKing@ntpowersystems.com> Senr Tuesday,September Q8,ZO15 10:03 AM 70: Rick Zimburean Subject: FW:[Solution]•INCOU0008357303 CSQ:missing pricing on components in quote 30089a44 Hi Rick, I am forwarding an e-mail I received from the Caterpillar Support Group, noted below. The portable/ trailered generator units, are not available currently, and unlikely to be shipped to you by the end of 2Q15. If you could receive the unit in 201 fi, please let me knaw. � I apologize far the delay. Thank you for your inquiry. Regards, �Don Lee �ng Power Generation Sales NC Power Systems 425-656-4586 �ffice 425-656-4620 Fax DLKing�a�ncpowersystems.com �rom:Biswajeet Swain [mailto:Swain Biswaieet@cat.com] Sent:Tuesday,September 08,2015 3:13 AM To:King,bon Lee<OLKinQ@ncaowersvstems.com> Cc:Pratik Bakore<Bakare Pratik@cat.com>;Lukkasson,Valerie<VLukkasson@NCPowerSvstems.tam> Subject: [Solution]-INCOOd008357303 CSQ:missing pricing on components in quote 30089044 Hi Don, Tf�anks for submitting the ticket INC000008357303. Description: Missing pricing on components in quote 3d089044 Analysis: After analysis, we had contacted the next level of support for further investlgation on the issue. A ticket was submitted to the PCDM team. Ticket #INC00000$365504. Below Is the response that i have �eceived: 'The order board for XQ35BN has not been onened ver and the PLCN has nat been raised so therefare pricinu has nor been comvlered. I had the Z block remporarily removed ro allow me ro test changes I made to rhe configuration based on ECN 5000�0046697, 1 have now requested it to be put back on. Can you advise the cus[omer t'hat this material cannot be ord�red vet and currently the Open Order Bvard 1 date is ser at('he beainnina of November 2015.' Your Response / Validation requested: Please validate and reply back to us if your query has been addressed to your satisfaction. Regards Biswajeet(BJ�5wain Caterpillar OMP Support � Gl�bal Information Services Email:swain biswaieetC�cat.com Helpdesk Contact Info�mation:- EOMP Help Desk: +1(309)266-9749 or+1{800}901-8777;ensinesoftwareC�catsupport.com MOMP Help Oesk:+l�309�266-9749 or+1(800)901-8777;machinesaftware@catsuaoort.com TOMP Help Desk: +�{309j266-9749 or+i(800)901-8777;trucksoftware(�catsuaoort.com -----"King, Don Lee" <DLKingsalnc�owersvstems.com> wrote: ----- To: Pratik Bakare <Bakore PratikCa�cat.com>, "Lukkasson, Valerie" <VLukkassonCa�NCPowerSvstems.com> From: "King, Don Lee" <DLKinaCalncpowersvstems.com> Date: 09/05/2015 02:03AM Cc: Biswajeet Swain <�wain BiswajeetCnlcat.com> Subject: RE: [AcknowleclgementJ - INC000008357303 CSQ: missing pricing on components in quote 30089044 Thank you Pratik for your fol�ow up. Waiting patiently on the Streets of Seattle...for your reply. �Oti GP.e xj1[� Power Generation Sales Engineer NC Power Systems 425-656-4586 Office 425-fi56-4620 Fax DLKinq(a�ncqowersvstems.com �rom: Pratik Bakore[mailto:Bakore Pratik@cat.toml Sent:Friday,September 04, 20151:30 PM To:King,Don Lee<OLKin�@ncpowersvstems.com>;Lukkasson,Valerie<Vlukkasson@NCPowerSvstems.com> Cc:Biswajeet Swain<Swain 8iswaieetC�cat.com> Subject: [Acknowledgement]-INCOOOU08357303 CSQ:missing pricing on components in quote 3Q889044 2 Rick Zimburean From: King, bon Lee <pLKing@ncpowersystems.com> Sent: Tuesday,September 23,2014 3:37 PM To: Rick Zimburean Subjed: Caterpillar Portable/Trailer Generators Hi Rick, As a follow up to my phone message to you#his aftemoon. Listed below is the Caterpillar Portable /Trailer Generators pricing, your had requested earlier: • CAT Model XQ30 30 kW Unit Cost$35,610.00 each Immediate delivery • • CAT Model XQ60 60 kW Unit Cost $65,53a.00 each 6 to 8 week Lead Time for delivery. The above pricing will include Load Bank Testing and witness testing along with operator training at the N C Facility in Tukwila, WA. Please review and let me knaw if you would like a fonnal proposal along with Caterpillar Product Cut Sheets. Thank you Rick for your inquiry. Best regards, �Don Lee �ng Power Generation Sales Engineer NC Power Systems � 425-656-4586 Office 425-65fi-4fi20 Fax DLKinq{a�ncqowersvstems.com 1 �s. o� -c� . . �,�'� , . • . . . . . Quotation Cummins Northwest 811 SW Grady Way Renton WA 98057 United States Direct:425-277-5334 October 9,2015 Project Name:City of Bremenon Portable Generator Quotation:3645000000089889 Thank you for your inquiry.We are pleased to quote as follows: USD �- . . � 60kW Portable Cummins Pre-Owned Po�table Generator.60kW w/Trailer and Fuel Tank 1 Service Generator Service: Fluids, Filters, Belts 1 Run and Training Generator Run Test and Training Overview @ Cummins,Sumner 1 Sub Total �26,000.00 Tax�8.7% 2,262.00 Grand Total �28,262.00 NOTES: 1. TWIS QUOTATION IS SUBJECT TO CUMMINS NORTHWEST STANDARD TERMS 8 CONDITIONS -SEE ATTACHMENT 2. A MAINTENANCE AGREEMENT IS NOT INCLUDEQ IN THlS CIUOTATION. 3. INSTAlLiNG 7HIS ENGINE GENERATOR FOR ANY PURPOSE OTHER THAN FOR 17S INTENDED APPLICATION PROVIDED ON THE ENGINE'S DATAPLATE MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY. Submitted by Dan Lanske dan.lanske�cummins.com t�. s. �r3 -3 . , (�'d. , . • • � • • • QUO�tlOi1 Cummins Northwest 811 SW Grady Way Renton WA 9805T United States Qirect:42S-2T7-5334 October 9,2015 Project Name:City of Bremerton Portable Generator Quotation:3645000000089889 Thank you for your inquiry.We are pleased to quote as follows: USD � . . • 100kW Portable Cummins Pre-0wned Portable Generator, 100kW w/Trailer and Fuel Tank 1 Seroice 100 Generator Service: Fluids, Filters,Belts 1 Run and Training Generator Run and Training Overview(a�Cummins.Sumner 1 Sub Total 534,000.00 Tax a�8.7% �2,958.00 Grand Total 536,958.00 NOTES: 1. THIS QUOTATION IS SUBJECT TO CUMMINS NORTHWEST STANDARD TFRMS 8�CONDITIONS -SEE ATTACHMENT 2. A MAINTENANCE AGREEMENT IS NOT INCLUOEO IN THIS QUOTATION. 3. INSTALLING THIS ENGINE GENERATOR FOR ANY PURPOSE OTHER THAN FOR ITS INTENDED APPLICATION PROVIDED ON THE ENGINE'S DATAPLATE MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY. Submitted by Dan Lanske dan.lanske�cummins.com �� . • . . . . . Quotation Cummins Northwest 811 SW Grady Way Renton WA 98057 United States Direct:425-277-533A September 4,2075 Project Name:City of Bremerton Portable Generator Quotation:3645000000089889 Thank you for your inquiry.We are pleased to quote as follows: USD � . �► Rental Genset:60Hz-150kW U.S. EPA, Nonroad{Portable)Application 1 C'150D2RE Genset-Diese1,50/60 Hz,150 kW,Standby-Rental 1 A122-2 Duty Rating-Prime Power 1 L230-2 Emissians-Compliance EPA Tier 4 Finai Certified 1 R175-2 Voltage 208�80 Variable 1 8931-2 Alt-BOHz,12L,208-480,95C 1 C281-2 UN31A(Canada)Certified Fuel Tank 1 KX21-2 Genset Conlrol-PowerCommand 3.3 with MLD 1 KXO&2 Distribution Panel-Rental Bus Bar Connection 1 F239-2 Electric Brake Trailer 1 F244-2 HITCH, PINTLE 1 A452-2 Packaging-Cummins Power Generation 1 A456-2 Baltery Charger-Rental 1 E152-2 Engine Coolant-80%Antifreeze,40%Water Mixture 1 F248-2 Cam Lxk Oistribution Panel-U.S. Rental 1 L239-2 Auxiliary Fuel and OEF Connections 1 L1742 Genset Warranty-Industrial Mobile Base,Prime 3 years/3000 hours �76,250.Od Doosan 70 New Doosan G70WCU-3A-T41(Cummins 4.5 Liter Engine) $47,725.00 Batt,Charger, Cold Weather Padcage, Camlock, Hyd Brakes C100D6R New Cummins C100D6R(This Model is Ltmlted Availability) $50,555.00 Batt, Charger, Cold Weather Package, Camlock, Elec Brakes C150D6R New Cummins C150Q6R(This Model is Limited Availability) $67,665.d0 Batt,Charger,Cold Weather Package,Camlock,Elec Brakes AGENDA BILL CITY OF BREMERTON � CITY COUNCIL SUBJECT: Professional Services Study Session Date: November 10, 2015 Agreement with KPG for Crownhill COUNCIL MEETING Date: November 18, 2015 Elementary Sidewalks Department: PW& U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The Crownhill Elementary Safe Routes to Schools Sidewalk project will construct new sidewalks along the east side of Marine Drive between Rocky Point Road and Bertha Avenue and along Dora Avenue making connections between existing sidewalks and the school. Along with the sidewalks, this project will also construct ADA ramps and enhanced safety features at the intersection of Marine Drive and Dora Avenue. Four consultants were interviewed to design the improvements and KPG of Tacoma, WA was selected. The requested action is approval of the Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with KPG for design of the Crownhill Elementary Sidewalk Project. ATTACHMENTS: Local Agency Agreement FISCAL IMPACTS (Include Budgeted Amount): The agreement identifies the design cost at $88,499.49. STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with KPG in the amount of$88,499.49 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name(do not use dba's): KPG, P.S. Address Federal Aid Number 2502 Jefferson Ave Tacoma, WA 98402 UBI Number Federal TIN or SSN Number 601-248-468 91-1477622 Execution Date Completion Date � 12/31/16 1099 Form Required Federal Participation ❑ Yes Q No ❑� Yes ❑ No Project Title Crownhill Elementary Sidewalks Description of Work Approximately 1200 LF of 5 ft. wide concrete sidewalk, curb, gutter pavement markings, ADA compliant driveway approaches and curb ramps, storm drainage and non-structural retaining walls on the east side of Marine Drive from Bertha Avenue to Rocky Point Road. Approximately 300 LF of 5 ft. wide concrete sidewalk, curb, gutter,pavement marking, ADA compliant driveway approaches, and storm drainage on the west side or pora Avenue from 1327 Dora Avenue to 1349 Dora Avenue. ❑ Yes Q No DBE Participation Total Amount Authorized: $88,499.49 ❑ Yes ❑� No MBE Participation Management Reserve Fund: $0 ❑ Yes Q No WBE Participation ❑ Yes Q No SBE Participation Maximum Amount Payable: $88,499.49 Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit 1 Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local AgencyA6E Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 1 of 14 Revised 4/10/2015 THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this AGREEMENT, between the City of Bremerton , hereinafter called the"AGENCY,"and the"Firm /Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work"on page one (1) of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERV[CES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical fonn the various phases and the order of performance of the SERVICES in suf�icient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consu/tant Agreement Page 2 of 14 Revised M10/2015 Participation for Disadvantaged Business Enterprises (DBE)or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. [f DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit"B"attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan"and perform a minimum of 30%of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30%of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shail be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or(ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Gus Brandon Garcia Name: Nate Mozer Agency: City of Bremerton Agency: K-PG, P.S. Address: 345 6th Street Suite 600 Address: 2502 Jefferson Ave City: Bremerton State: WA Zip: 98377 City: Tacoma State: WA Zip: 98402 Email: Gus.Garcia@bremerton.wa.us Email: nate@kpg.com Phone: 360-473-5290 Phone: 253-627-0720 Facsimile: Facsimile: � IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 4H0/2015 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section I1, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D" and "E'" and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salar}�cost, indirect cost rate, and direct non-salary costs. 1. Direct(RAW) Labor Costs: The Direct(RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime and all sub-consultants)will submit to the AGENCY within six(6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment ofthe billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT`S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air,train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 3 I.205-46 "Travel Costs."The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised M10/2015 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits"D" and "E"of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. [n the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion ofthe Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled "Termination of Agreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$I00,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section Xlll, "Changes of Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Changes of Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section II1, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct(RAW) Labor, Direct Non-Salary, and allowable [CR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct(RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty(30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty(20)working days after receipt of the final POST AUD[T to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consu/tant Agreement Page 5 of 14 Revised 4h0/2015 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six(6) year period,the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A"attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E"attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment,the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 4✓10/2015 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 � 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of I975 • RCW 49.60.180 (42 U.S.C. Chapter 76 § 6101 et. seg.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement I The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (I 0)days written notice to the CONSULTANT. !n the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2)of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local AgencyABE Professional Services Cost Plus Fixed Fee Consu/tantAgreement Page 7 of 14 Revised 4h0/2015 date of termination, whether that SERVICE is in a form or a rype which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. lf it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or more of the beneficial ownership of the CONSULTANT within I 5 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination fior convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XI11 "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shal) be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Loca/AgencyABE Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 8 of 14 Revised 4/10/2015 XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their ofticers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b)the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable,the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of inethods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's, their agents', of�icers'and employees` failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legalEy liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised M10/2015 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the tenns of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as reyuired by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 Ol 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 O1 (0 O1 or equivalent providing coverage for any"Auto"(Symbol 1) used in an amount not less than a one million dollar($1,000,000.00)combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the"Als"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the Als shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14)days of the execution of this AGREEMENT to: Name: Gus Brandon Garcia Agency: City of Bremerton Address: 345 6th Street, Suite 600 City: Bremerton State: WA Zip: 98337 Email: Gus.Garcia@ci.bremerton.wa.us Phone: 360-473-5290 Facsimile: No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX "Termination of Agreement"of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. Agreement Number: Local Agency A8E Professional Senrices Cost Plus Fixed Fee Consu/iant Agreement Page 10 of 14 Revised 4/10/2015 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as"CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes"clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs(A.) and (B.)above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2"Certification Regarding Debarment, Suspension and Other Responsibility Matters- Primary Covered Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4" Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars ($500,000.00.)These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III ``General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: LocalAgencyABE Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 11 of 14 Revised 4H0/2015 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes("State's Confidential Information"). The "State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential lnformation in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or tern�ination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i)certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii) returned all of the State's Confidential Information to the AGENCY; or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential [nformation. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 4N0/2015 � Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential [nformation, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as"Confidential" and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b) as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all sucli information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as"Proprietary and/or confidential information" or otherwise exempt information,the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six(6)year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contraets,AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of ineetings, Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 4/10/2015 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including"Native Files", that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher, PowerPoint,Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and/or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. Signature Date Signature Date Any mod�cution, change, or reforrnation of this AGREEMENT shall reyc�ire approvaJ as to,form by the Office of the Attorney General. Agreement Number: LocalAgencyABE Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 14 of 14 Revised 4/10/2015 Exhibit A Scope of Work Project No. See Exhibit A, attached Agreement Number: WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 10/30/2014 EXHIBIT A City of Bremerton Crownhill Elementary Sidewalks KPG Scope of Work Purpose The purpose of the Crownhill Elementary Sidewalks project is to improve accessibility and safety of children walking and biking to school. The project will install sidewalks at two locations, filling existing gaps in the City's sidewalk network. The new sidewalk on Marine Drive will connect to existing sidewalks at Bertha Avenue and Rocky Point Road, the new sidewalk on Dora Avenue will extend the existing sidewalk section to the northem terminus of the road. Proposed Improvements Proposed Improvements for the Crownhill Elementary Sidewalks project includes the following: ♦ Approximately 1200 LF of 5 ft. wide concrete sidewalk, curb, gutter, pavement markings, ADA compliant driveway approaches and curb ramps, storm drainage and non-structural retaining walls on the east side of Marine Drive from Bertha Avenue to Rocky Point Road. ♦ Approximately 300 LF of 5 ft. wide concrete sidewalk, curb, gutter, pavement markings, ADA compliant driveway approaches, and storm drainage on the west side of Dora Avenue from 1327 Dora Avenue to 1349 Dora Avenue. Assumptions The following assumptions were identified to provide direction with design: ♦ The project currently is Federally Funded for design and construction. • The project will be combined with the City's HSIP Phase 2 project, for advertisement using a "tied bid". The tied bid set will utilize one set of contract plans and specifications. Separate bid schedules will be prepared for each project. ♦ The CITY will complete 10% Conceptual design alternatives for discussion during a concept design workshop. The 10% design will include driveway locations, driveway widths and back of sidewalk restoration type. The improvements to Marine Drive will not include a bike lane. ♦ The CITY will prepare and coordinate all environmental approvals, including NEPA documentation and all supporting information. ♦ The CITY will perform all coordination with private utilities including work associated with relocation of franchise utilities and potholing. ♦ Additional coordination with WSDOT, not described herein, will be handled by the CITY. ♦ A formal public involvement process/program is not included in the scope of work. Public involvement and coordination with business owners/residents/school district will be handled by the CITY. City of Bremerton Page 1 of 10 KPG Crownhill Elementary Sidewalks 10/20/2015 � ♦ City of Bremerton Typical pavement sections will be used for pavement restoration. A formal pavement section design will not be developed. ♦ AutoCAD drafting and base mapping shall utilize City of Bremerton and American Public Works Association (APWA)drafting standards. ♦ All deliverables will be provided as electronic (PDF, Word, Excel, and AutoCAD 2015), except for hard copies mailed to WSDOT Local Programs Olympic Region. ♦ The CONSULTANT will obtain legal descriptions for determining right of way from publically available sources, if available. The CONSULTANT may need to order last recorded deed documentation from a Title Company. The CONSULTANT will receive CITY approval prior to ordering last recorded deeds. Ordering Title Reports is not included in this scope of work. ♦ Right of Way and/or easement acquisition will not be required. Temporary Construction Permits, if required, will be developed and obtained by the CITY. ♦ Structural engineering is not included in the scope of work. ♦ As-Built drawings are not included in the scope of work. See the Additional Services section of this Scope of Work. Information Provided by the City The following information will be provided by the CITY: ♦ Best available aerial photographs and CAD-compatible utility maps. ♦ Complete front end legal documents and Division 1. ♦ Boilerplate Division 2-9 special provision language. ♦ Frontage improvement plans for the Bremerton United Methodist Church. Work Element 1 Project Management The estimated project duration is 6 months. No design work will proceed without written authorization from the CITY. 1.1 Provide project management administrative services including: ♦ Project set-up and execute agreement ♦ Execution of subconsultant agreements ♦ Preparation of monthly progress reports and invoices ♦ Record keeping and project closeout 1.2 Provide project management services including: ♦ Project staff management and coordination ♦ Subconsultant management and coordination ♦ Prepare and update project schedule ♦ Schedule and budget monitoring City of Bremerton Page 2 of 10 KPG Crownhill Elementary Sidewalks 10/20/2015 1.3 Coordinate with City staff, including preparation and attendance of up to 7 coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of two (2) Consultant staff at each of the following meetings: ♦ One formal kickoff meeting at project start ♦ Project Milestone (concept workshop, design review) meetings at the City throughout the project duration. Milestone meetings will be combined with milestone meetings for the HSIP Phase 2 project. (Assume six(6) meetings). o The selected altemative from the concept workshop wiil be carried forward to 60% design. The CONSULTANT will complete a draft Design Decisions memorandum documenting the direction given to the CONSULTANT by CITY staff. 1.4 The CONSULTANT will attend a site walk with WSDOT staff to review ADA compliance of proposed improvements. This site walk will be combined with the site walk for the HSIP Phase 2 project. Assume finro (2) Consultant staff for one (1) site walk. Work Element 1 Deliverables: ♦ Monthly progress reports (6 months) • Project schedule and updates ♦ Meeting notes ♦ Draft Design Decisions memorandum Work Element 2 Utility Marking, Survey and Base Mapping This Work Element includes survey and basemapping on Marine Drive from Bertha Avenue to Rocky Point Road and Dora Avenue from1327 Dora Ave to 1349 Dora Ave along the proposed sidewalk alignment. Exact survey limits will be marked in the field and verified by the CITY prior to mapping. 2.1 The CONSULTANT will make a one-call utility locate request and request utility companies record drawings. Utility as-builts will be used to verify the location and type of utilities within the limits of this project(i.e. adding the size and type of water main, and type, location and symbol of water valves). Utility depths will not be shown with the exception of those described herein. 2.2 Establish horizontal and vertical control points along the corridor and within the project limits described above. Basis of control will Washington State Plane North Zone, NAVD 88 vertical datum Control points will be established and will be made available for the Contractor's use during construction. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include side street monuments and property corners. City of Bremerton Page 3 of 10 KPG Crownhill Elementary Sidewalks 10/20/2015 Field Survey and Note Reduction. Field mapping will include signs, mailboxes, fences, trees, curbs, sidewalks, utility poles, and other surface features within the mapping area as describe above. Perform note reduction of the field survey data. Field survey to locate paint marks in work element 2.1 at 50-ft intervals and surface feature (valves, manholes, catch basins, junction boxes, vaults). Irrigation systems will not be included. The CONSULTANT will prepare a utility base map from this information. Perform observation and measure-downs of existing storm drain catch basins and manholes. Document the approximate size, type, material (brick, concrete), and general condition of the structures to confirm suitability for continued use, and approximate size, material and location of storm drainage pipes will be documented. These observations will be made from the surface. Any required pipe video inspection, potholing or smoke testing needed to verify the condition or connectivity of drainage features will be perFormed by the CITY and the information will be made available to the CONSULTANT. Mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM) in AutoCAD 2015 format of the project within the limits described above. The base map will include features within the mapping area as describe above. One-foot contours will be generated from the DTM. 2.3 Additional Survey: One (1) day of additional survey, with associated base map revisions, have been added to this scope of work. In the event that improvement extents are modified as part of the Conceptual design workshop, this effort will be used to collect additional data identified as missing. Work Element 2 Assumptions: ♦ Topographic survey will be completed for the northem (eastem) half of Marine Drive and the associated areas of Bertha Avenue and Rocky Point Road. No mapping will be completed for the southern (westem) half of Marine Drive. ♦ Topographic survey will be completed for pora Avenue from Marine Drive to the northern terminus of the roadway. ♦ The CITY will obtain right-of-entry permits necessary for survey. ♦ Property corners will not be located as part of this scope of work. Work Elemenf 2 Deliverables: ♦ Electronic (AutoCAD 2015 and PDF) files of the topographic base map will be provided to the CITY. Work Element 3 Right of Way Calculations This Work Element includes establishing the existing ROW along Marine Drive and Dora Avenue within the project vicinity. 3.1 Research publically available records and obtain last recorded deeds for 12 parcels. Costs for ordering last recorded deeds are included as a reimbursable (assume 12 deeds). � 3.2 Calculate existing right of way and show on project base map. City of Bremerton Page 4 of 10 KPG Crownhill Elementary Sidewalks 10/20/2015 Work Element 3 Assumptions: • Right of Way and lot lines will be defined using existing street monuments and their relationship to public records and GIS data. ♦ Title Reports, if necessary, will be ordered and paid by the CITY. ♦ No additional right of way or easements are anticipated. ♦ Preparation of legal descriptions is not included in this scope of work. Work Elemenf 3 Deliverables: ♦ Copies of the obtained legal descriptions for each parcel (12 parcels). ♦ ROW line determination included in deliverable for Work Element 2. Work Element 4 Geotechnical Engineering This Work Element includes geotechnical investigation and recommendations necessary for wall design. See the attached Proposal from GeoResources for additional information. 4.1 KPG's effort under this task includes review of reports and providing information such as plans, figures, and details to the Geotechnical sub consultant as required to complete the geotechnical investigation and report. Work Element 4 Deliverables: ♦ Draft Geotechnical Report, One (1) electronic PDF copy of the report ♦ Final Geotechnical Report, One (1)electronic PDF copy of the report Work Element 5 Stormwater pocumentation This Work Element includes analyzing and documenting the stormwater design for the project in accordance with the 2012 edition of the Stormwater Management Manual for Western Washington (SWMMWW), which has been adopted by the City of Bremerton. 5.1 Review the existing storm water facilities within the limits of the project and perform an off-site analysis. Prepare a map to delineate and quantify areas of new and replaced impervious surfaces, both pollution-generating and non-pollution generating. Delineate threshold discharge areas (TDAs). Determine the applicability of each of the 10 Minimum Requirements to each TDA. 5.2 Prepare a Stormwater Site Plan (SSP) memorandum. The SSP will address the applicable Minimum Requirements of the Surface Water Management Manual. A draft SSP memorandum will be completed with the 60% design submittal and finalized with the Draft Bid submittal. Work Element 5 Assumptions: ♦ It appears that flow control requirements may not be triggered by this project. If flow control requirements are triggered, Low Impact Development techniques such as permeable pavement will be employed to satisfy the requirement. City of Bremerton Page 5 of 10 KPG Crownhill Elementary Sidewalks 10/20/2015 ♦ It appears that runoff treatment requirements may not be triggered by this project. Runoff treatment, if required, will be addressed with the use of proprietary BMPs such as Filterra or Modular Wetlands. ♦ Because the stormwater requirements applicable to this project are expected to be minimal, the Stormwater Site Plan requirements will be documented in an abbreviated, memorandum format. ♦ Stormwater improvements will be limited to stormwater catchment/conveyance along the new curb line. The new stormwater main will be connected to an existing system. There is sufficient depth to invert at the existing catch basin(s) to allow connection of the new stormwater pipe without modification. There are no deficiencies downstream of the connection point that will require improvements outside of the project area. Work Element 5 Deliverables: ♦ (1) electronic copy of the Draft Stormwater Site Plan Memorandum in PDF format ♦ (1) electronic copy of the Final Stormwater Site Plan Memorandum in PDF format Work Element 6 60% Design This Work Element includes providing 60% Design Plans, Specifications and Estimates for review and approval by the CITY. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City of Bremerton standard details and WSDOT standard plans will be supplemented with project specific details as necessary. The 60% plans and specifications shall be stamped by a licensed professional Engineer in the State of Washington. 6.1 The CONSULTANT shall prepare 60% plan sheets for review and approval by the CITY. The 60% submittal will include the 10% concept design provided by the CITY, as well as comments provided during the concept workshop. The 60% plans will include horizontal location of improvements with the following level of detail: ♦ Construction Limits ♦ Curb and radii ♦ Location and types of curb ramps ♦ Location and type of driveway approaches ♦ Location of RRFBs, pedestrian signals, push buttons & illumination ♦ Channelization and signing ♦ Storm drainage improvements (if applicable) ♦ Utility impacts, required relocations and pothole locations ♦ Impact to private improvements both inside and outside of public right of way In general, vertical location of improvements will not be specified on the Plans unless there are conflicts with existing utilities and/or surface improvements. Vertical information will be provided at locations where proposed improvements are confined by existing grades. The CONSULTANT will provide Senior level QA/QC prior to submitting to the CITY. City of Bremerton Page 6 of 10 KPG Crownhill Elementary Sidewalks 10/20/2015 6.2 The CONSULTANT shall prepare 60% quantities and opinion of probable cost for review and approval by the CITY. 6.3 The CONSULTANT shall prepare 60% specification documents, Divisions 1-9. The CONSULTANT will include additional special provision language as needed. Legal documents and appendices will not be included in this submittal. 6.4 The CONSULTANT will complete a final Design Decisions memorandum documenting the standards referenced in developing the design, as well as document direction given to the CONSULTANT by CITY staff. Work Element 6 Assumpfions: ♦ The CONSULTANT shall attend a 60% design review meeting as per Work Element 1.3 Work Element 6 Deliverables: ♦ Electronic(PDF) half size and full size 60% design plans ♦ Electronic(PDF &Word)60% design specifications ♦ Electronic(PDF & Excel)60% design opinion of cost ♦ Final Design Decisions memorandum ♦ Meeting notes from 60% submittal design review meeting Work Element 7 Final Design This Work Element includes providing Draft Bid and Bid Document Plans, Specifications and Estimates for review and approval by the CITY. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Draft Bid and Final Bid Documents will be stamped, signed and dated by a licensed professional engineer in the State of Washington. 7.1 The CONSULTANT shall prepare Draft Bid plans for review and approval by the CITY. The Draft Bid submittal will include all comments received from the 60% review. The CONSULTANT will provide Senior level QA/QC and a constructability review by KPG construction management staff prior to submitting to the CITY. The plans are estimated to have the following sheets: City of Bremerton Page 7 of 10 KPG Crownhill Elementary Sidewalks 10/20/2015 Sheet List Title/index sheet (1 sheet) Legend, Abbreviations, General Notes and Survey Control (1 sheet) Typical Sections and Details (2 sheets) Channelization and Signing Details (1 sheet) Restoration Details (1 sheet) Site Preparation and Erosion Control Plan/Plan (2 sheets) Roadway, Restoration and Storm Alignment Plan and Profile (4 sheets) Intersection Grading and ADA Ramps Plan (3 sheets) ADA Ramp Details (3 sheets) Wall Plan and Details (2 sheets) Channelization and Signing Plan/Plan (2 sheets) Traffic and Pedestrian Control Plans (3 sheets) TOTAL = 25 sheets Traffic and Pedestrian Control plans will utilize WSDOT traffic control (TC) Plans and City standard plans and be for the Contractor's reference only. Traffic Control plans will be stamped, signed and dated by a licensed professional engineer in the State of Washington. The CONSULTANT will not develop site specific Traffic and Pedestrian Control plans. The Contractor will still be required to develop site specific traffic control plan for all construction activities. 7.2 The CONSULTANT shall prepare Draft Bid quantities and opinion of probable cost for review and approval by the CITY. 7.3 The CONSULTANT shall prepare a complete Draft Bid specification document including legal documents, Divisions 1-9 and appendices. The CONSULTANT will include additional special provision language as needed. The Draft Bid submittal will include all comments received from the 60% review. 7.4 The CONSULTANT shall prepare Final Bid Documents for advertisement by the CITY. The CONSULTANT will provide Senior level QA/QC prior to submitting to the CITY. The final bid documents will include all comments received from the Draft Bid review and will be complete set of contract specifications and drawings. 7.5 The CONSULTANT will prepare Maximum Extend Feasible, Public Interest Finding and "Tied Bid" documentation and provide to the CITY. Work Element 7 Assumptions: ♦ Specifications will be based on 2014 WSDOT Standard Specifications. ♦ Design Plans and Specifications will be packaged with the HSIP Phase 2 plan set and advertised as a "tied bid". A separate bid schedule will be prepared for each project. City of Bremerton Page 8 of 10 KPG Crownhill Elementary Sidewalks 10/20/2015 ♦ The CONSULTANT shall attend a Draft Bid design review meeting as per Work Element 1.3 ♦ The Draft Bid documents may be utilized for WSDOT concurrence review, if elected by the CITY. ♦ The CONSULTANT will provide the final Bid Documents to ARC Document Solutions for advertisement. Hard Copies of the Final Bid Documents will be ordered and paid by the CITY directly from ARC. Work Element 7 Deliverables: ♦ Draft Bid Design Submittal o Electronic(PDF) half size and full size design plans o Electronic(PDF &Word) specifications o Electronic(PDF 8� Excel)opinion of cost o Two (2) %z size bound of the Final Bid Documents Plans, One (1) hard copy of the Final Bid Document Specifications and One (1) hard copy of the Engineer's Estimate mailed to WSDOT for concurrence review. o Meeting notes from Draft Bid submittal design review meeting ♦ Bid Document Submittal o Electronic(PDF) half size and full size design plans o Electronic(PDF &Word) specifications o Electronic(PDF & Excel)opinion of cost n o Two (2) %z size bound of the Final Bid Documents Plans, One (1) hard copy of the Final Bid Document Specifications and One (1) hard copy of the Engineer's Estimate mailed to WSDOT for the file. o AutoCAD 2013 drawing files of the Final Bid Documents Plans. ♦ Maximum Extend Feasible, Public Interest Finding and "Tied Bid" documentation Work Element 8 Assistance During Bidding 8.1 This Work Element includes preparing addenda and responding to bidders questions relayed through the CITY. It is assumed that the CONSULTANT will prepare up to one (1) addenda. City of Bremerton Page 9 of 10 KPG Crownhill Elementary Sidewalks 10/20/2015 Additional Services The CITY may require additional services of the CONSULTANT. The scope of these services will be determined based on the unanticipated project needs or other considerations at the sole discretion of the CITY. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following: ♦ Structural Engineering ♦ Right of Way plans, acquisition, appraisals, or assistance with condemnation proceedings ♦ Temporary Construction Easements ♦ Arborist Investigations ♦ Construction Management& Inspection Services ♦ As-Built Drawings ♦ Hazardous Matenals Testing ♦ Utility Coordination ♦ Stakeholder Coordination ♦ Temporary Construction Permits ♦ Environmental approvals These services will be authorized under a future contract supplement or through use of Management Reserve Funds, if necessary. At the time these services are required, the CONSULTANT shall provide a detailed scope of work and an estimate of costs. The CONSULTANT shall not proceed with the work until the CITY has authorized the work and issued a notice to proceed. City of Bremerton Page 10 of 10 KPG Crownhill Elementary Sidewalks 10/20/2015 Exhibit B DBE Participation Not Applicable Agreement Number: WSDOT Form 140-089 EF Exhibit 8 Page 1 of 1 Revised 10/30/2014 . Exhibit C Preparation and Delivery of Elecfronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: [. Surveying, Roadway Design & Plans Preparation Section A. Survey Data AutoCAD 2015 files of the topographic base map B. Roadway Design Files AutoCAD 2015 C. Computer Aided Drafting Files AutoCAD 2015 Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 10/30/2014 D. Specify the Agency's Right to Review Product with the Consultant All project related files are subject to review by the City of Bremerton E. Specify the Electronic Deliverables to Be Provided to the Agency Completed contract documents, roadway design (AutoCAD) files F. Specify What Agency Furnished Services and Information Is to Be Provided Boilerplate for division 2 - 9 special provision language, best available aerial photographs and CAD-compatible utility maps, completed front end legal documents and Division 1 Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/30/2014 II. Any Other Electronic Files to Be Provided A copy of all electronic files may be provided to the City on DVD, upon request lll. Methods to Electronically Exchange Data E-mail, CD, or FTP as approved by the City WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 10/30/2014 A. Agency Software Suite N/A B. Electronic Messaging System N/A C. File Transfers Format PDF, MS Word, Excel, and AutoCAD 2015 WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 Exhibit D Prime Consu/tant Cost Computations See Exhibit D, attached I Agreement Number: WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 10/30/2014 . ,�,,;.� - .� . •_� � WashingtonState Exhibit D TransportationBuilding � � artrr�ent of Trans PtatlOfl 310 Maple Park Avenue S.E. p � P.O,Box 47300 Olympia,WA 98504-7300 Lynn Peterson • 360-705-7000 � Secretary of Transportation TTY:1-800-833-6388 www.wsdot.wa.gov August 6,2015 KPG, Inc. 753 -9`h Avenue N Seattle, WA 98109-4309 Subject: Acceptance FYE 2014 ICR—Risk Assessment Review Dear Mr. Jason Fritzler: Based on Washington State Dcpartment of Transportation's (WSDOT) Risk Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed ' FYE 2014 ICR of 131.49%. This ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate may be subject to additional review if considered necessary by WSDOT and will be applicable for: _ ❑ WSUOT Agreements � Local Agency Contracts in Washington State only Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective ageemendcontract. Tliis was not a cognizant review. Any other entity contracting with the firm is • responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7104 or via email consultantrAtesCn�wsdot:wa.Kov. gazds; r��E K K. JONSO anager; Consultant Servi s Office EKJ:kal Acceptar�ce ICR Risk Assessment Review � � Washington Ststa M emorand u m Departmene of Tranaportation May 13,2014 TO: Stacie Kelsey,Locsl Programs , ; FROM: Martha Roacli,Agreemcnt Compliance Audit Ma.iznger � SUBJECT: KPG, Inc. lndirect Cost Rate for fisce]year end December 31,2013. 1 We have completed our desk review of KPG, Inc. Indirect Cost Rate for the above referenced fiscal year. The review was completed at the request of WSDOT Nortl�west Region Local Programs. We reviewed tlie documentetion supporting the rate for compliance with criteria contained in the Federal Acquisirion Regulations(FAR), Subpart 31. Our review included a site visit to the firm. � Based on our review we are issuing this memo.establishing I{PG, Inc. Indirect Cost Rate � far fiscal yeer ending December 31,2013,at 131.49%of direct labor(rate includes ' 0.14%Facilities Cost of Capital). KPG,Inc:provided a FHWA Certificate of Final indirect Costs indicating all wsts included in the indirect cost rate schedule are in compliance with Federal Acquisition Regulations(FAR),Svbpart 3l. Costs billed to agreements will still be subject to audit of actual costs,based on the tenns ` and conditions of the respective agreement. • � This was not a cognizant review. Any other entity contracting with the firm is . responsible for determining the acceptability of the lndirect Cost Rate. lf you have any questions,feel free to call me at(3G0)705-7006 or via email at roachma cr.wsdot.wa;gov_. ; Cc: Steve McKemey � File ' - , i; �' . . '; • (: ooT Fmn ino-0as� RaN�ad 3lB9 � � Certification of Final Indirect Costs Firm Neme:KPO,inc. Indirect Cost Rate Proposal:�3t.ae ya j Date oF Praposal Preparation(mm/dd/yyyy):a311112014 ` i Ffscal Perfod Covered(mm/ddfyyyy to mm/ddlyyyy)�01f01113 10 1213 7/201 3 . � 1,the underslgned,certlfy that 1 heve revfewed fhe propossl fo estebllsh hnal indirect cosf rates ; for fhe�scaf perlod as speclfled above and to the 6es10/my lcnowledge end befief.• � . jf.)All costs fncfuded!n thls proposal to esfablish finel Indirect cosf rafea are allowable Jn eccoroance wifh the cost pdnclples of 1he Federe!AcqulslUon Regulallons(FARJ af tltle 48, Code of Federa!Regu/atlans(CFR),part 39. P' 2.J This propasal does nv1 inc/ude any costs which ere expressly unalfowable under the cosf princ/ples of the FAR o/46 CFR 31. Alf known materJal transectlons or events thaf heve occurred af�ecting the firm's ownershlp, i organlzatfon end/ndirecf cost rafes have been disclosed. , �6 / � Signature:.. _ ;� �� Neme of Certifying Official'(Print):Nelson Davls _ . _ - -- - • � � Title: Presldenl +� . � Date af Ce�tificet(on(mm/ddlyyyy):05H7J2014 ,�j . ;�� ! �' "The°Certifying O�ciel"must be an�ndividuel execuUve or flnancial offlcer of the flrm at e level E� no lower than a Vice Ptesident or Chiei Finenciel Otflcer,or equivalenl,who has the auihority to ` represent the flnanclal Informatlo�ulllized lo establish lhe fndirecl cost rale fo�use under Agency �; contracts. ' Ref.FHWA Dfrective 447D.9A avallable on line at: I� , �itla:!lwavw.(hwa.dot: ovRsasrogsldfreo{lvgs/orde�sl44T0'la.htm , ��. I ' �. t: i r� I. '�: O/H Certification;Nov 2010 '= I'. , . i i I� KPG Exhibit D CONSULTANT FEE DETERMINATION SUMMARY OF COST City of Bremerton Crownhill Elementary Sidewalks Direct Salary Direct Salary Classification Cost Total Hours Total Cost QA/QC Engineer $70.67 13 $918.71 Project Manager � $36.06 84 $3,029.04 Senior Project Engineer $55.29 22 $1,216.38 Project Engineer $42.27 239 $10,102.53 Design Engineer $28.85 247 $7,125.95 CAD Technician $38.22 111 $4,242.42 Senior Surveyor $45.67 22 $1,004.74 Survey Party Chief $41.83 28 $1,171.24 Survey Chainman $30.77 10 $307.70 Survey Technician $39.90 32 $1,276.80 Construction Manager $43.27 8 $346.16 Clerical $28.37 42 $1,191.54 DSC Subtotal 858 $31,933.21 Overhead (OH) Cost (Include Salary Additives) OH Rate x DSC 131.49% x $31,933.21 = $41,988.98 Fixed Fee (FF) FF Rate x DSC 25.00% x $31,933.21 = $7,983.30 DSC Total $81,905.49 Direct Reimbursables Mileage $345.00 Last Recorded Deeds $100.00 GeoResources $6,149.00 Reimbursable Total $6,594.00 Total Agreement Amount $88,499.49 City of Bremerton 10/20/2015 NOUR AND FEE ESTIMATE Exh�bn D Project: Clty of Bremerlon K�G Crownhlll Elementary Sldewalks Oclobe�20,2015 Inrerd�scipl�narr Design Labor Mow Eatlmate ONOC Pro�xt Sr.Pro�xi Pro�act Dealpn GAO SeNor Survey Party Survey S�awy GonaVuctlon En Irear Ma�a e E Ineer En Inmr Inear Tec�nklan Surva o C�bl Chahunan TeehNelan Maiu e Glerlcel Ho1R9 TO�iI Fee S 18726 S 9249 S 1A7.81 E 108.42 S 74.00 S 98.03 S 117r14 S 107.29 E 78.92 S 102.39 S 71098 S 72.77 Teek Descrl tion UIn�15eb Coat DSG { 70.67 S 9fi.06 S 35•29 S 42.27 S 28.85 S �822 S 45.67 S 41.B9 S 70.77 S 39.90 S C3.77 S 28.77 W ork Elemmt 1-Pro ect Nene menl/Coordlnetlon/AdminLstratlon 1 1 Atlmimsiraeon Services(6 MoMhs) B � __ _ B 16:$ 1.322 OS _ 1 2 Managemenl Services _ 16 _ � _ _ 16 $ 1.479 84 __ 1 3 Coordmation Meebngs(7 MeeLngs,combmetl w�h HSIP Phase 2 meeM1rgs) 12 8 _ _ 4 Z4 $ 2.2fiB 29 �1 4 WSDOT ADA Srte WaAi 2 2 ' a 5 401 82 Reimbu�sable e enses-scc b�eahtlown lor details ' S 172 50 Tesk Totels 0 38 0 70 0 0 0 0 0 0 0 12 60 S 5 64C.51 W ork Elemont 2-Svve antl Baso Me In _ 2 1 UUlny Locates(KPG coortlination w�h orie�callZ . .. __. 2 ' _ i __ 2 $ 234.28 2 2 Feld Survey 8 Basemnppiny _ ' . 4 20 10 : 16 _ 50 $ 5,04t 00 2 3 Addrtiunal F�¢b Survey 8 Basemappng(1 day) � 8 � 8 16 $ 1.677 03_ Reimbursablo e nses-soc breaktlown for dolails I �— � 'S 172 50 Taak Total 0 0 0 0 0 I 0 6 28 10 24 0 0 6B'S 7 124.82 WorkElament3-RI h1o1Wa CalcWatlons 3 t Research Easllnq Right ol Way Dxumems 8 8 S 937 11 i i . .. . _ . .. .. ._ . . ' '_ 3.2 Calculate ROW 8 Add to BasemaP _ _ _ __ .B B_ I �6 $ 1,755 83 Feimburu6le e ensos-see breaktlavn lor tlelails S 1f10 00 Taak Tolal 0 0 0 i 0 D 0 16 0 0 8 0 0 24 S 2.792.94 WorkElemeM4-GeotechnlcelEn neerin 4 7 Develop Suppon Documems 2 _ _�__ .__ ._ _._ _ 2 $ 1B4 9B Reunbursahleeapenses-seehreaktlownlordetaAs I ,$ ti.1a900 Task Tofal 0 2 0 0 0 0 0 0 0 0 0 0 2�S 6,339.98 Work Element 5-Slormwater Dacunerrtetlon 5 1 Srormwaicr qequ:reme�rts Analysis,OHs�e Anaysis 8 Map 4 12 i_ B � _ 24 S 2,460 25 5 2 Slarmwaler Stle Plan Memorandum � 2 t2 4 �— 18 S 1,880 6a�� Reimbursable e. enses-see breakdown(or tleta:lx � S Task Total 0 0 6 24 12 0 0 D 0 0 0 0 42 S 0,390.89 Work ElemeM 6-fi0%Deai 6 1 60°b Desi9n Plans(24 sheets) 4 4 7 112 116 _ 69 _ 312 $ 29.578 35 � 6 2 60°6 Design Ouaninies 8 Esumate _ 2 B B , T� i 18 $ 1.644 31 . . .. _ . . ._ . .. . . 6 3 fi09',Design Specdica�orts 1 B 2 2 4 17i$ 1.712 71 i � _ '__ ' ' _ . _ . 6.4 Final Dosgn Decisions Memo _ ; 4 I 2 : ' 2 8.S 732 33 Rcimbursa6b o enses-scc brcaktlown lor dotails T 5 TeskTotel 5 1B 9 124 12< 69 0 0 0 0 0 6 755 S 336fi7.70 C�ly ol Bremcrton Crownhi0 ElemeMary Sitlowalks 1 0l 6 KPG Hour and Fee Esumate October 2015 HOUR AND FEE ESTIMATE Eahibn D Projecl: Clty of Bremerlon K p G Crownhlll Elementary Sidewalks Oelober 20,2015 Inrerdiscipl�nary Das�gn Lebor Hoic Estlmeoe ONOC Pro��el Sr.Pro��t� Pro�act Deslpn CAU Sallor Survsy PaMy Sumy S�wsy CoruVucilon EnO�r Naro a hroer En Inaer En Iresr TeMnklan Surve o Chbl Chalrvnan TxhNclan Na�u e Cbrltal MoYI9 To�el FeC 181.26 92r49 141�1 108.42 74.00 98.03 117.10 10729 78.92 10274 170.98 7277 WorkElemenl7-FlnalDss�n 7.1 Drall Bid Plans < 0 6 SB 7B 26 0 0 0 0 B 0 1B0 $ 17,072.64 7.2 Dralt Bid Ouaninies 8 Estimate 2 E B 1 B $ 1,644 31 7.3 Dralt Bitl Specd�ca6orts 1 B 1 4 4 12 _ 30 S _ 2,665 95 7 4 Frel Bid Plans.SPecd¢alions 8 Esumate 3 6 i � 6 12 76 � �. ._12 55 S 5 078 B9 _ _ 7.5 MEF,PIF 8 Tod Bid DocumeMauon � � _ 4 i B . � . 18 $_ 1,580 59 qeimbursablo c enses-soe breahdown for detals � $ Telk Total 8 42 7 80 110 42 0 0 0 0 8 24 901 S 26 04228 Work Element 8-AssistaKe D�vin Biddin B.t Bidtler Oueslrons'AOtlantla(Assume 1 AtltleMa) 4 ' 1 � t 6 $ 552.38 He mbursabl Wenses-see breakdown lor tleta Is � I I $ 7esk Total 0 4 0 1 �- 0 0 0 U D 0 � 0 � 6�S 552.38 TOTAL MOUHS AND TOTAL ESTV�7ATED FEE 13 84 22 279 247 111 22 28 10 32 8 42 ' 858 S 88 498.09 Hour rales ra based on h /olbwln Dvec(Sa/a Cosls $ 70 67 S 36 06 $ 55 29 E 42 Z� S 28 85 S 38 22 $ 45 67 $ i7 83 $ 30 77 $ 99 90 $ 0.7 27 S 28 37 Ovcrhead@ 73149°: $ 9292 8 0742 $ 7270 S SSSB $ 3793 $ 5026 E 600.5 § 5500 $ 40<6 $ 5246 $ 5690 S 9730 13149°0 FizedFee@30°: $ f767 $ 902 S 1382 $ 1051 5 721 S 956 $ 1142 $ 1046 $ 769 S 998 $ f092 $ 709 2500°ro To[alLaWrRatc 181.6 9209 /0191 IOHC2 7000 9A03 11714 10729 7892 f02J4 1109H 7277 Crty of Bremenon Crownhi0 ElemonUry SltlewaAcs 2 ot 4 KPG Hour antl Fee Eslimate October 2015 HOUR AND FEE ES7IMATE Ezhibd D �� Project: City of Bremerlon Crownhlll Elementary Sldewalks Interdiaciplinary Dosien October 20,2015 Reimbursable B�eakdown Work Element 1-Pro�ect Management/Coordinatlon/Administratlon Mileage(est 300 miles x 0 575 cents/mile _ . __ _ $ 172 50 7ask 1-Total $ 172.50 Work Element 2-Survey and Base Mapping ._ .. __ _ _ . Mileage(est 300 miles x 0 575 cents/mile) __ _ $ 172 50 Task 2-Total S 172.50 Work Element 3•Rlghl of Way Calculalfons _ _ . . _ _ Order Last Recorded Deeds $ 100 00 Task 3-ToWI S 100.00 Work Element 4-Geotechnical Engineering _ _ _ ._ GeoResources $ 6,14900 Taek 4-Total $ 6,149.00 Work Element 5-Sto�mwater pocumentallon � - � - � - �- - - - $ - �— Task 5•ToWI S Work Element 6-60°k Design _ .. _ . _ _ $ Task 6-Total S Work Element 7-Final Design ..... . . .... . - -- .. _ ._ .. ... $ Task 7-Total S Wark Element 8-Asslstance During Bidding _ _ _ .. _._ $ . Task B-Total S TOTAL REIMBURSABLES: 8 6 594.00 Ciry of Bremerton Crownhill Elementary Sidewalks 3 of 4 KPG Hour and Fee Eslimate Ocfober 2015 Exhibit D FEE SUMMARY �� Interdisciplinary Design Project: City of Bremerton Crownhill Elementary Sidewalks October 20,2015 Description Estimated Fee Work Element 1 - Project Management/Coordination/Administration $5,644.51 Work Element 2-Survey and Base Mapping $7,124.82 Work Element 3- Right of Way Calculations $2,792.94 Work Element 4-Geotechnical Engineering $6,333.98 Work Element 5-Stormwater pocumentation $4,340.89 Work Element 6-60%Design $33,667.70 Work Element 7- Final Design $28,042.28 Work Element 8-Assistance During Bidding $552.38 Total Estimated Fee $88,499.49 City of Bremerton Crownhill Elementary Sidewalks 4 of 4 KPG Hour and Fee Estimate October 2015 Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. See Exhibit E- GeoResources, LLC Scope of Work Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 10/30/2014 GeoResources, LLC Ph.253-896-1011 5007 Pacific Hwy. lE, Suite 16 Fx.253-896-2633 Fife,Washington 98424-2649 October 14, 2015 City of Bremerton c/o KPG 2502 Jefferson Avenue Tacoma, Washington 98402 (253)627-0720 Attention: Mr. Aaron Knight, PE aaron@kpg.com Proposal for Geotechnical Engineering Services Crownhill Elementary Sidewalks Marine Drive and Dora Avenue Bremerton, Washington DocID: KPG.CrownhillSidewalks.Pr INTRODUCTION AND SCOPE We are pleased to submit this proposal for geotechnical engineering services for the proposed sidewalk improvements near Crownhill Elementary in Bremerton, Washington. According to information provided by you, the proposed improvements will be along the north side of Marine Drive, and west of Dora Avenue. Our understanding of the project is based on our October 8, 2015 telephone conversation with you, a review of the Ciry of Bremerton Notice to Consultants(August 3, 2015 and August 10, 2015), and review of aerial photographs and published geologic maps for the site areas. We were not able to visit the site prior to preparing this proposal. We understand that the project is part of the Safe Routes to School initiative and will include sidewalk, curb, gutter, pavement markings, signing, and pedestrian activated crosswalk beacons. Because of site grades, a retaining wall or rockery, with as much as 6 feet of exposed face, may be necessary. The project location extends from Bertha Avenue to Rocky Point Road along Marine Drive; along Dora Avenue from Marine Drive� to the Crown Hill Elementary, and includes the intersection of Dora Avenue and Marine Drive. Currently, Marine Drive includes two 11-foot paved travel lanes with variable width (5 to 8 feet)shoulders. The right(north) shoulder will be replaced with the sidewalk, and will have a curb and gutter for grade separation. In contrast, Dore Avenue (from the alley north to the dead end) consists of a 22-foot wide paved roadway with variable shoulders. Dora Avenue will be widened about 3 feet with a new sidewalk added on the left(west)side of Dora Avenue. The purpose of our services is to evaluate the surface and subsurface conditions along the proposed improvements as a basis for evaluating the geotechnical feasibility of the project as well as providing geotechnical recommendations and design criteria. Specifically, the scope of services for this project will include the following: 1. Conducting a geologic reconnaissance of the site area; KPG.CrownhillSidewalks.Pr.doc October 14, 2015 Page 2 2. Exploring the subsurface conditions along the alignment by drilling one to three shallow borings along the alignment of the proposed sidewalk alignment; 3. Performing grain size analyses on representative samples collected from our borings; 4. Addressing the appropriate City of Bremerton public works standards; 5. Providing geotechnical recommendations for site grading including site preparation, subgrade preparation, fill placement criteria, suitability of on- site soils for use as structural fill, temporary and permanent cut and fill slopes, and drainage and erosion control measures; 6. Providing conclusions regarding suitable types of retaining walls, and include geotechnical design criteria for the proposed wall, including both internal and global stability; 7. Review of the standard City's flexible pavement design standards expansion along Dora Avenue and patches along Marine Drive; and 8. Recommendations for additional services, as warranted. SUBSURFACE EXPLORATIONS As stated, we propose to explore surface and subsurFace conditions by drilling one to three borings at selected locations along the proposed sidewalk alignment.We were requested to drill one boring at the location of the proposed wall/rockery. For the retaining wall, we will drill a single 10 to 15-foot boring. While onsite, the cost to drill additional one to two 5-foot borings for sidewalk and roadway subgrade soils is relatively inexpensive for the data provided. The exact locations of the borings will be determined in conjunction with GeoResources, KPG, and the City of Bremerton based on the proposed improvements, traffic impact and underground utility constraints. Our borings will be drilled with either a small rubber track-mounted drill rig or hand-portable Acker drill rig using hollow-stem auger. The drill will be operated by a licensed drilling contractor working for GeoResources, LLC. Throughout the drilling operation, soil samples will be obtained at 2'/z-or 5-foot depth intervals by driving split- spoon samplers in accordance with the Standard Penetration Test procedure (ASTM:D-1586). A geologist from our office will continuously observe the borings, log the subsurface conditions, collect representative soil samples, and transport all samples to our laboratory for further visual examination and testing. After drilling, each borehole will be backfilled with bentonite chips, as required by the Washington State Department of Ecology. Before drilling, GeoResources, LLC will mark the proposed boring locations and request the local utility locating service to mark any underground utilities at each exploration location. Additional assistance from the City may be needed for any private utilities or services. On the day of drilling, we assume that our equipment and crew will be given ready access to the work locations and that any necessary rights-of-entry issues will have been obtained in advance by KPG or the City. Because our borings will be drilled in the existing roadway right-of-way, temporary traffic control and flagging services will be required. We expect that there will be sufficient room to perform our boring on the shoulder or off of the shoulder but still within the right-of-way. As such, traffic control should only be limited to signage for shoulder work. We do not expect that a traffic lane closure will be necessary. Because we will be working for the City, we do not anticipate that an actual right- � KPG.CrownhillSidewalks.Pr.doc October 14, 2015 Page 3 of-way permit will be required, however, we will have the City review the temporary traffic control plan prior to beginning our field work. GEOTECHNICAL LABORATORY TESTING We propose to conduct a series of geotechnical laboratory tests on selected soil samples obtained from our explorations in order to evaluate the engineering and index properties of the site soils. These tests will include moisture content determinations and grain size analyses. We propose to perform 4 to 6 moisture contents, 2 sieve analysis, on representative soil types. We will store all samples for about 30 days after testing has been completed and then discard them, unless prior arrangements are made for long term storage. SCHEDULE AND BUDGET We estimate that we can begin our subsurface explorations within two weeks of receiving our notice to proceed, contingent upon subcontractor availability. We anticipate that field work will require less than one full day, with subsequent laboratory testing will require an additional 5 days. According to the Bremerton School District Calendar, there are non-student days on October 30 and November 5 and 6. We would prefer to do our field work on those two days because there would be less traffic. A draft report will be available within two weeks of completion of our laboratory testing. Our final report will be completed within 5 days of receipt of any comments from the City or design team. The professional services listed above will be provided in accordance with our current Fee Schedule and General Conditions, copies of which are attached and parts of this proposal. Copies of these schedules are attached. Using these rates, we estimate that we can complete the aforementioned scope of work within the budget shown below. Geotechnical Enaineerina Report Cost Drilling Contractor(1 @ 15 feet, 2@ 5 feet) .......................$1,806 Traffic Control Signage...........................................................$157 Field engineering and transportation (2 trips).......................$1,246 Laboratory testing...................................................................$310 Geotechnical research, analysis, and report preparation .....$2,630 Total Geotechnical Costs t4. Optional Items Cost Traffic Control Flagging for Lane Closure..............................$1,299 If adverse conditions arise during our evaluation, we will inform you as soon as possible and will perform no work beyond the authorized scope without your written approval. POST REPORT SERVICES After completion of our final report, we will be available for consultation regarding the geotechnical and hydro-geological aspects of the project. This typically involves KPG.CrownhillSidewalks.Pr.doc October 14, 2015 Page 4 written correspondence, telephone conversations, and meetings with the owner and - design team; supplemental analyses due to design changes; and preliminary or informal reviews of design details, plans, and specifications. If needed, these services will be performed on a time and material basis in addition to the above budget. CLOSURE We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions regarding the scope of work or budget of this proposal, please call. Authorization to proceed may be indicated by returning one copy of the proposal signed in the space provided below or attaching this proposal to your standard subconsultant agreement. Yours very truly, GeoResources, LLC Keith Schembs, LEG Dana C. Biggerstaff, PE Principal Senior Geotechnical Engineer You may authorize the above services and budget by signing below and returning one copy, or your preferred method of authorization. The services described above are Authorized by: N/A Signature of Responsible Party N/A Print Name & Date Please Return One Signed Copy of This Agreement For Our Files KSS:DCB:kss Doc.ID KPG.CrownhillSidewalksr.doc Enclosures:Schedule of Charges and General Conditions Clty of Bremerton Crownhill Elementary Sidewalks Breektlown of 9ubcontrector Fspansaa £Sq L'3 Su6conVector Tesk end Un�t Rafe O° J� Jc tid �nllinp Faot 51700 y000 eahe rampb Eech E1'/00 EO 00 �w�s�e x e.�n szoao s+aaa Bemm�iteCh�p e Eech E1)0o fta2ao scnd mch E23 00 f0 00 ment eech E125 00 $0 00 esinp 1 25 fl Sa 75 EO 00 wellmalarula(1 25ween fl $595 8000 EeMwarkConbeclo� nvb hour f95oa f0oo EebhtworF-moRAemabe �our j9500 5000 mobiliralion 1 eech $IQ40p §4pp00 �ourly-tlnllinp 5 Enrli E2`A00 E1.I5000 eech y0 00 eeU 50 00 e.�, so 00 ra. sua oo ss m ia su zo SubTotel Su6contrector Coate S1.B06 otal5ubcontreclo�Expenses S1,B06 Breekdown o1 Field Lebor Casta ��q°��9°� �Fac Personne/antl Hourly Rafes Per e c'�C�� a��d�`�a .�� `p�� Cafegory Q y G� G° 9� Y�' ieeFOnac�ron 51500p f1ID00 SBS00 E6500 $5500 Rxan entl Loubs < Test Pns Borinp. B sumo� a o a e a o 0 roiu��eaw cus�s w,r Lew� So So Eaea Seao so So So SuhToml Flald Labor Coah 51.160 Broekdown al FIeIA Fspensax 3� Expense antl Um1.4ete o'� � �cP ti� Mileepe(2�7i miles� 1aB Mile §0 SB $95 BI Eedi EO 50 Eech SO f0 Suhtofnl Flold Fiponae Coats SB6 otal Field Labor and Expense $1246 Breekdown Leboretory Tastlnp F�cponae i Labaatwy Tesl and Unrl Rele p� �c* �.`�oe` 1da` IAoisNreConlenl 6 Eech $20 $BO S�eves/wo.h 2 Eech E�15 E330 Procmrs Each E225 SO LA Weer Te.t Eech S2B]5 EO DepraEnOon Ench 51125 SO 9ubtolel Fieltl Expenu CosU sa,a otal Laboratory Expense $310 . BroekEown of Labor Caata-En InaerinB end Ra ortinp k�� T°j°i, �c Persannel antl Haurly Rates Per d� cPg�� p° c Category Qc g°�' VdT��` 5Q. F� pp�° Tashponmplron 515000 i1NU0 58500 E�500 E5500 Sa50U Loqs ] Sih Plen�pures a wells EnB��eerinp 2 a 2 Repmt Preperation 2 a 3 3 Submte iolal Lubw Cnvls pnr Lnwl 0 C B 11 0 0 3 $0 f800 S8H0 59]5 $0 EO 5135 SuaTolal Lebor Coste S2,fi10 Total Labor Costs St,6J0 OTAL COST ESTIMATE E5,99 , Plus haffic conirol sign rantal $157 OTAL COST ESTIMATE 56,7d9 Supplemenlal Items 1 day Flaging and hatfic wnlrol Services- 3 1.299 ` , '. " t!;;i � � `'' ' +. �; -: i� - : "� = .!, f;� ; � ' � �7 •� t ,i ' • �} , , • � „ ,_�, , i�` � • ; {�i '� ,�;1 „Y - 1 ti�..a''1- j-' :.J; i! :�i � i ' <:.n' t � i�,ifi '� � ' � ' . ` *' �� + !, i , i �._f F.j • 4,., �� d � . . ^��" _ �;: �•�____� - , ��, ,1'.. ��f� � _.� . . ..�-',; �j' '� , ,� P, ,.._... , _. . , . . . . . � T .._ , , � . . _ � . . , i .. � . . , ., : ; ;_ ., . ,: �f � ,';- _ ,; q . 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'__. !�., - � ;� j y�: : �,. �"- ,1 - + � �'. ,.1',;,�.y��l:�J � ��; .� �_ . • j _ e �'•�,J ' . � 4 � ��' �. �� , -1 !��'. .. ' ; � , ��Y. �� .- . i �IT•..�� •r_, �r• ;l:' �,' i �y ';'�a.�' i � j, ,`:f� � ! ^'�� j' { �5�� . "" {^ � + -.,I .�� ,��lPw �� : ;, ,�. .,,.�: o.�� .a, � � .�� ;. � � '''I �' ��.�t�'_,� °:J, _ ''�''�;��.:" :i._'��_ ;,F'",} 1�� . I' ' � y'..r� i - - -� _,., �,.-�'�!. .�' ,,a ;�cx,�'' -.y � ~':.i.' ..� 1 ,.'� ',-.' ', �1 '° � •"l'�'" �� •-F� � 1 �'r°�`•� a::�` ;a�: , �: ;�; , � �;; � .�: r zQ � � � � � � � °z � o o W � Ll� — �� o I— O I W Z � � w O � � m j a �-1 GeoResources, LLC 5007 Pacific Hwy E, Ste 16 - • ' - • Fife,WA 98424 Phone: 253-896-1011 Fax: 253-896-2633 2015 Schedule of Charges COMPENSATION Our compensation will be determined on the basis of time using the following schedule, unless a Lump Sum amount is indicated, and job related expenses in accordance with the proposal or services agreement. Current staff rates are as follows: Expert Witness $210/hour Principal $150/hour Senior Geologist/Senior Engineer $120/hour Staff Geologist/Engineer $85/hour Senior Technician $65/hour Technician $55/hour Support Staff $45/hour Mileage $0.70/mile All rates are subject to change upon notification. Contracted professional and technical services will be charged at the applicable hourly rates listed above. Time spent in either local or inter-City travel when travel is in the interest of this contract will be charged in accordance with the foregoing schedule. When traveling by public carrier a maximum charge of eight hours per day will be made. LABORATORY TESTING UNIT RATES All geotechnical laboratory testing will be completed on a unit price basis as shown below: Moisture Content (ATSM D:2216) $20/each Proctor Test (ASTM D:1557) $225/each Atterberg Limits (ASTM D:4318) $150/each Sieve (ASTM D:6913) $115/each Sieve w/ Hydrometer $200/each Sand Equivalent (ASTM D:2419) $80/each Any test not listed above will be subcontracted to another testing lab and charged out at their rate plus 15 percent. OTHER SERVICES SUPPLIES AND SPECIAL TAXES Charges for subcontracted services, equipment, supplies and facilities not furnished in accordance with the above schedule and any unusual items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling or excavation equipment, construction equipment, watercraft, aircraft and special insurance, which may be required. Taxes and or fees required by local jurisdictions for projects in specific geographic areas will be charged to project at direct cost. Client Initial Page 1 Exhibit F Title 1�1 Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time(hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1)through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United Stltes. Agreement Number: WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/30/2014 Exhibit G Certification Documents Exhibit G-I(a) Certification of Consultant Exhibit G-1(b) Certification of Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data � Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPG, P.S. whose address is 2502 Jefferson Avenue Tacoma, WA 98402 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the City of Bremerton and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. KPG, P.S. Consultant(Firm Name) Signature(Authorized O�cial of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-1(b) Certification of City of Bremerton I hereby certify that I am the: Q Certified Authority ❑ Other of the City of Bremerton , and KPG, P.S. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): 1 acknowledge that this certificate is to be furnished to the City of Bremerton and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I. The prospective primary participant certifies to the best of its knowledge and belief;that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three (3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D. Have not within a three (3)year period preceding this application/proposal had one or more public transactions (Federal, State and local)terminated for cause or default. I[. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. KPG, P.S. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any 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, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than F'ederal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for►naking or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. KPG, P.S. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.l01 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of Crownhill Elementary Sidewalks ' are accurate, complete, and current as of 10/30/IS *'. This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the ofter or and the Government that are part of the proposal. Firm: KPG, P.S. Signature Title Date of Execution***: 'Identil'y the proposal,quotation.reyuest for pricing adjustmi;nt,or other submission involved,giving the appropriate identifying number(c.g.project title.) **Insert the day,monlh.and year.when price negoliations were concluded and price AGRE�.MENT was reached. ***Insert the day,month.and year,of signing.which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $No Change . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$No Change . Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $Not applicable . • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Revised 10/30/2014 Exhibit 1 Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager pocuments the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements.No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works orAgency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: WSDOT Form 140-089 EF Exhibit I Page 1 of 2 Revised 10/30/2014 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Revised 10/30/2014 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s)on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. lf the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the reyuest for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from ' agency funds. [f the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim.After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit.No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 10/30/2014 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). [f the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing)the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: November 10, 2015 Agreement with KPG for Highway Safety COUNCIL MEETING Date: November 18, 2015 Improvements Project Phase 2 Department: PW & U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The Highway Safety Improvements Phase 2 project will construct pedestrian improvements at 7 locations city-wide and includes new curb ramps, ADA signals, lighting, pavement markings, and enhanced safety features at select locations. Four consultants were interviewed to design the improvements and KPG of Tacoma, WA was selected. The requested action is approval of the Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with KPG for design of the Highway Safety Improvements Phase 2 Project. ATTACHMENTS: Local Agency Agreement FISCAL IMPACTS (Include Budgeted Amount): The agreement identifies the design cost at $138,933.47. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with KPG in the amount of$138,933.47 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUIVCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name(do not use dba's): KPG, P.S. Address Federal Aid Number 2502 Jefferson Ave Tacoma,WA 98402 UBI Number Federal TIN or SSN Number 601-248-468 91-1477622 Execution Date Completion Date 12/31/2016 1099 Form Required Federal Participation ❑ Yes Q No ❑I Yes ❑ No Project Title HSIP Phase 2 Description of Work Design for improvements at 7 intersections that will benefit both pedestrians and bicyclists and improve overall safety; including pedestrian signage, markings, ADA compliant curb ramps,rectangular rapid flashing beacons, countdown pedestrian signals, APS push buttons, and roadway lighting. ❑ Yes Q No DBE Participation Total Amount Authorized: $138,993.47 ❑ Yes ❑� No MBE Participation Management Reserve Fund: $0 ❑ Yes Q No WBE Participation Maximum Amount Payable: $138,993.47 ❑ Yes ❑� No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit f Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 4/10/2015 THIS AGREEMENT, made and entered into as shown in the"Execution Date" box on page one (1) of this AGREEMENT, between the City of Bremerton , hereinafter called the"AGENCY," and the "Firm /Organization Name" referenced on page one (1) of this AGREEMENT, hereinafter called the "CONSULTANT." WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work"on page one (1) of this AGREEMENT and hereafter called the "SERVICES;"and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERV[CES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT suf�'icient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 4/10/2015 � Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit"B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified finn they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's'`DBE Program Participation Plan" and perform a minimum of 30%of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30%of the total amount of this AGREEMENT. The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firn�s invoiced for this AGREEMENT. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit"C— Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or(ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Gus Brandon Garcia Name: Nate Mozer Agency: City of Bremerton Agency: KPG, P.S. Address: 345 6th Street Suite 600 Address: 2502 Jefferson Ave City: Bremerton State: wA Zip: 98377 City: Tacoma State: w�1 Zip: 98402 Email: Gus.Garcia@bremerton.wa.us Email: nate@kpg.com Phone: 360-473-5290 Phone: 253-627-0720 Facsimile: Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled "Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: LocalAgencyA&E Professional Services CostPlus Fixed Fee ConsultantAgreement Page 3 of 14 Revised 4/10/2015 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section [l, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits "D'' and "E"and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct(RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional,technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR)Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits"D" and "E" of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual (CR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all otherActual Costs. A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits"D" and "E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT(prime and all sub-consultants)will submit to the AGENCY within six(6) months after the end of each firm's fiscal year, an ICR schedule in the format required by the AGENCY(cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year's 1CR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY's Project Manager and/or the Federal Government may perform an audit of the CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10—Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46"Travel Costs."The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supp�ied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consu/tanf Agreemenf Page 4 of 14 Revised M10/2015 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D" and"E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled '`Termination ofAgreement." 5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of$100,000 or 10%of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, "Changes of Work." 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, "Changes of Work."No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, "General Requirements"of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct(RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct(RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct(RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity ofi a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 4/10/2015 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6)years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six(6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERV[CES as shown in Exhibit"A"attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E"attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions" herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE's Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT; to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services reyuired of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consu/tant Agreement Page 6 of 14 Revised 4h0/2015 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full-or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 • RCW 49.60.180 (42 U.S.C. Chapter 76 � 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: LocalAgencyABE Professional Services Cost Plus Fixed Fee Consu/tantAgreement Page 7 of 14 Revised M10/2015 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2)of this section. !f it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or other key personnel assigned to the project or disatfiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII "Extra Work." XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"J". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 4/10/2015 XI1. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE)and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a) the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary inforn�ation, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of inethods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY's,their agents', officers' and employees' failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 5 l RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 4/10/2015 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques,job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 O1 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 O l 10 Ol or equivalent providing coverage for any"Auto" (Symbol 1) used in an amount not less than a one million dollar($1,000,000.00) combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the"Als"), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the A[s shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the Als. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Gus Brandon Garcia Agency: City of Bremerton Address: 345 6th Street, Suite 600 City: Bremerton State: WA Zip: 98337 Email: Gus.Garcia@ci.bremerton.wa.us Phone: 360-473-5290 Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY; including that which may arise in reference to section IX "Termination of Agreement"of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liabiliry to third parties be limited in any way. Agreement Number: Local Agency A8E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 4/10/2015 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions" until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT; the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM," under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs(A.) and (B.)above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit"G-1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "G-2"Certification Regarding Debar►nent, Suspension and Other Responsibility Matters- Primary Covered Transactions, Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"G-4"Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's over one hundred thousand dollars ($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars($500,000.00.)These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section I ll ``General Requirements" prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local AgencyABE Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 11 of 14 Revised 4/10/2015 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RC W or other local, state or federal statutes ("State's Confidential Information"). The"State's Confidential Information" includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records(or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors reyuiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transter, sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State's Confidential lnformation. Immediately upon �xpiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's option: (i)certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information; or(ii) returned all of the State's Confidential [nforniation to the AGENCY; or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential lnformation received in the performance of this AGREEMENT; the purpose(s) for which the State's Confidential Information was received; who received, maintained and used the State's Confidential Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 4/10/2015 Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as"Confidential"and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b)as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as"Proprietary and/or confidential information" or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential inforniation. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY's said disclosure of sub-consultants' information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than sir(6)years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all "documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six(6)year retention period. For purposes of this AGREEMENT, "documents" means every writing or record of every type and description, including electronically stored information ("ESI"),that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts,AGREEMENT `s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting reeords, work sheets, charts, notes, drafts, scribb(ings, recordings, visual displays, photographs, minutes of ineetings, Agreement Number: LocalAgencyABE Professional Services Cost Plus Fixed Fee ConsultantAgreement Page 13 of 14 Revised 4/10/2015 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, "ESI" means any and all computer data or electronic recorded media of any kind, including"Native Files'', that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ES[ may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher, PowerPoint,Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files" are a subset of ES( and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1)of this AGREEMENT. Signature Date Signature Date Any mod�cution, charrge, or refor•mntion of this AGREEMENT shall reqiiire npprovnl as to form by the Of�rce of the Attorney General. Agreement Number: Local Agency ASE Professional Services Cost Plus Fixed Fee Consu/tant Agreement Page 14 of 14 Revised 4/10/2015 Exhibit A Scope of Work Project No. See Exhibit A, attached Agreement Number: WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 10/30/2014 EXHIBIT A City of Bremerton HSIP Phase 2 KPG Scope of Work Purpose The purpose of the HSIP Phase 2 project is to design and construct improvements at intersections that will benefit both pedestrians and bicyclists and improve safety. Proposed Improvements Proposed Improvements for the HSIP Phase 2 project includes the following: 11 th St & N. Montgomery Ave (east and west legs) • Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install Rectangular Rapid Flashing Beacon • Upgrade roadway lighting 6th St 8 Callow Avenue (all legs) • Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install countdown pedestrian signals and APS push buttons • Upgrade roadway lighting Burwell/SR 304 & Callow Ave (all legs) • Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install countdown pedestrian signals and APS push buttons • Upgrade roadway lighting Burwell/SR 304 8� N. Montgomery Ave (all legs) • Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install countdown pedestrian signals and APS push buttons • Upgrade roadway lighting Burwell/SR 304 8� High Ave (all legs) • Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install Rectangular Rapid Flashing Beacon • Upgrade roadway lighting Burwell/SR 304 8� Chester Ave (all legs) • Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install Rectangular Rapid Flashing Beacon • Upgrade roadway lighting Sheridan Rd &Wheaton Way/Warren Ave/SR 303 (all legs) • Install/modify pedestrian signing and markings • Construct new ADA compliant curb ramps • Install countdown pedestrian signals and APS push buttons • Upgrade roadway lighting City of Bremerton Page 1 of 11 KPG HSIP Phase 2 10/20/2015 Assumptions The following assumptions were identified to provide direction with design: ♦ The project currently is Federally Funded for design and construction. ♦ The project will be combined with the City's Crownhill Elementary Sidewalks project, for advertisement using a "tied bid". The tied bid set will utilize one set of contract plans and specifications. Separate bid schedules will be prepared for each project. ♦ The CITY will prepare and coordinate all environmental approvals, including NEPA documentation and all supporting information. ♦ The CITY will perForm ail coordination with private utilities including work associated with relocation of franchise utilities and potholing. ♦ Additional coordination with WSDOT, not described herein, will be handled by the CITY. ♦ Geotechnical investigation will not be required for this project and is not included in this scope of work. ♦ City of Bremerton Typical pavement sections will be used for pavement restoration. A formal pavement section design will not be developed. ♦ A formal public involvement process/program is not included in the scope of work. Public involvement and coordination with business owner/residents will be handled by the CITY. ♦ AutoCAD drafting and base mapping shall utilize City of Bremerton and American Public Works Association (APWA)drafting standards. ♦ All deliverables will be provided as electronic (PDF, Word, Excel, and AutoCAD 2015), except for hard copies mailed to WSDOT Local Programs Olympic Region. ♦ The CONSULTANT will obtain legal descriptions for determining right of way from publically available sources, if available. The CONSULTANT may need to order last recorded deed documentation from a Title Company. The CONSULTANT will receive CITY approval prior to ordering last recorded deeds. Ordering Title Reports is not included in this scope of work. ♦ Right of Way and/or easement acquisition will not be required. Temporary Construction Permits, if required, will be obtained by the CITY. ♦ Traffic signal modifications do not include relocation of existing traffic signal controller cabinets or mast-arm traffic signal poles. ♦ Structural engineering is not included in the scope of work. ♦ As-Built drawings are not included in the scope of work. See the Additional Services section of this Scope of Work. Information Provided by the City The following information will be provided by the CITY: ♦ Best available aerial photographs and CAD-compatible utility maps. ♦ Complete front end legal documents and Division 1. ♦ Boilerplate Division 2-9 special provision language. Work Element 1 Project Management The estimated project duration is 6 months. No design work will proceed without written authorization from the CITY. 1.1 Provide project management administrative services including: ♦ Project set-up and execute agreement ♦ Execution of subconsultant agreements ♦ Preparation of monthly progress reports and invoices ♦ Record keeping and project closeout City of Bremerton Page 2 of 11 KPG HSIP Phase 2 i0/20/2015 1.2 Provide project management services including: ♦ Project staff management and coordination ♦ Subconsultant management and coordination ♦ Prepare and update project schedule ♦ Schedule and budget monitoring 1.3 Coordinate with City staff, including preparation and attendance of up to 7 coordination meetings throughout the duration of the project. Level of effort for this task is based on an average of 2 Consultant staff at each of the following meetings: ♦ One formal kickoff meeting at project start ♦ Project Milestone (concept workshop, design review) meetings at the City throughout the project duration. Milestone meetings will be combined with milestone meetings for the Crownhill Elementary Sidewalks project. (Assume six(6) meetings). 1.4 The CONSULTANT will attend a site walk with WSDOT staff to review ADA compliance of proposed improvements. This site walk will be combined with the site walk for the Crownhill Elementary Sidewalks project. Assume two (2) Consultant staff for one (1) site walk. Work Element 1 Deliverables: ♦ Monthly progress reports (6 months) ♦ Project schedule and updates ♦ Meeting minutes Work Element 2 Utility Marking, Survey and Base Mapping This Work Element includes mapping at each project site including topographic information for each impacted curb return and will extend approximately 20' beyond the end of the curb return. Exact survey limits will be marked in the field and verified by the CITY prior to mapping. 2.1 The CONSULTANT will make a one-call utility locate request and request utility companies record drawings. Utility as-builts will be used to verify the location and type of utilities within the limits of this project(i.e. adding the size and type of water main, and type, location and symbol of water valves). Utility depths will not be shown with the exception of those described herein. 2.2 Establish horizontal and vertical control points along the corridor and within the project limits. Basis of control will be Washington State Plane North Zone, NAVD 88 vertical datum. Control points will be established and will be made available for the Contractor's use during construction. The CONSULTANT will locate, field survey, and calculate positions for all monuments and control points throughout the project limits, using the Washington State plane coordinate system. Conventional or GPS surveying methods will be used on this project. Monuments or corners to be located and field surveyed include side street monuments and property corners. Field Survey and Note Reduction. Field mapping will include signs, mailboxes, fences, trees, curbs, sidewalks, utility poles, and other surface features within the mapping area. Perform note reduction of the field survey data. Field survey to locate paint marks in Work Element 2.1 at approximate 50-ft intervals and surface features (valves, manholes, catch basins,junction boxes, vaults). Irrigation systems will not be included. The CONSULTANT will prepare a utility base map from this information. City of Bremerton Page 3 of 11 KPG HSIP Phase 2 10/20/2015 Mapping work to prepare 1"=20' topographic base map and digital terrain model (DTM) in AutoCAD 2015 format of the curbs, sidewalks and crosswalks within the within the limits described above. Mapping will terminate approximately 20 feet beyond the ends of the returns. The base map will include features within the mapping area as describe above. One-foot contours will be generated from the DTM. See assumptions for mapping of features outside the areas described above. 2.3 Additional Survey: One (1) day of additional survey, with associated base map revisions, have been added to this scope of work. In the event that improvement extents are modified as part of the Conceptual design workshop, this effort will be used to collect additional data identified as missing or to measure inverts of certain sewer or storm drainage structures. Work Element 2 Assumptions: ♦ The CITY will obtain right-of-entry permits necessary for survey. ♦ The CITY will provide traffic control for the CONSULTANT's survey crew when performing work within the roadway. ♦ Property corners will not be located as part of this scope of work. ♦ Additional channelization features outside of the mapped areas will be drawn from aerial photographs. ♦ Storm drain manhole and catch basin measure-downs will not be completed during the initial topographic base mapping. During the 60% design, additional survey may be authorized by the CITY which may include storm drain measure-down information. ♦ Any required pipe video inspection, potholing or smoke testing needed to verify the condition or connectivity of drainage features within the proposed Right of Way will be perFormed by the CITY and the information will be made available to the CONSULTANT. Work E/ement 2 Deliverables: ♦ Electronic (AutoCAD 2015 and PDF)files of the topographic base map will be provided to the CITY. Work Element 3 Right of Way Calculations This Work Element includes establishing the existing ROW lines within the project vicinity. 3.1 Research publically available records and obtain last recorded deeds for 29 parcels. Costs for ordering last recorded deeds are included as a reimbursable (assume 29 deeds). ♦ 11 th St& N. Montgomery Ave—4 parcels ♦ 6th St& Callow Avenue —4 parcels ♦ Burwell/SR 304 8� Callow Ave—5 parcels ♦ Burwell/SR 304 & N. Montgomery Ave—4 parcels ♦ Burwell/SR 304 8� High Ave—4 parcels ♦ Burwell/SR 304 8� Chester Ave—4 parcels ♦ Sheridan Rd &Wheaton WayNVarren Ave/SR 303—4 parcels 3.2 Calculate existing right of way and�show on project base map. City of Bremerton Page 4 of 11 KPG HSIP Phase 2 10/20/2015 Work Elemenf 3 Assumpfions: ♦ Right of Way and lot lines will be defined using existing street monuments and their relationship to public records and GIS data. ♦ Title Reports, if necessary, will be ordered and paid for by the CITY. ♦ No additional right of way or easements are anticipated. ♦ Preparation of legal descriptions is not included in this scope of work. Work E/ement 3 Deliverables: ♦ ROW line determination included in deliverable for Work Element 2. Work Element 4 Traffic Analysis This Work Element includes performing a traffic analysis to determine the optimal improvements for pedestrian crossings at the three (3) unsignalized intersections specified in Work Element 4.1. 4.1 The CONSULTANT will hire a traffic counter to provide afternoon peak-hour (3pm — 6pm) bicycle and pedestrian counts and 24-hour vehicle speed/classification/volume data at the following three (3) intersections: ♦ 11th St 8� N. Montgomery Ave ♦ Burwell/SR 304 8� Chester Ave ♦ Burwell/SR 304 & High Ave The traffic counts will be conducted on a Tuesday, Wednesday, or Thursday on a week not adjacent to a holiday. The CONSULTANT will prepare a draft and final memo-format traffic analysis outlining "best practice" recommendations as defined per NCHRP 562 and the MUTCD for pedestrian crossing treatments. The recommendations will utilize geometric and sight distance information gathered during the site visit in Work Element 5.1. The CONSULTANT will obtain collision data from WSDOT for use in the Traffic Analysis. The CONSULTANT will examine existing pedestrian origins/destinations to forecast potential additional demand for crossing treatments upon installation. Work Element 4 Assumptions: ♦ It is anticipated that Rectangular Rapid Flashing Beacon (RRFB) pedestrian crossings will be installed at the three unsignalized intersections specified herein. ♦ The Consultant shall attend a traffic analysis review meeting as per Work Element 1.3. The traffic analysis review meeting shall be combined with the conceptual design workshop per Work Element 5. ♦ No computer-aided traffic modelling (Synchro, VISSIM, EMME, etc.) will be required as part of the Traffic Analysis. ♦ City Staff available at the review meeting will have authority to agree on/select the preferred crossing treatments. ♦ Selection of the crossing treatments will be concluded at the end of the review meeting. Work E/ement 4 Deliverables: ♦ Draft Traffic Analysis, One (1) electronic PDF copy of the memo ♦ Final Traffic Analysis, One (1) electronic PDF copy of the memo City of Bremerton � Page 5 of 11 KPG HSIP Phase 2 10/20/2015 Work Element 5 Conceptual Design This Work Efement includes preparing a preliminary design layout for each project site. The preliminary layouts will be discussed during a concept workshop. 5.1 Conduct a site visit to each project site to gather data necessary to aid design. Prepare photo log of existing conditions. 5.2 Prepare 10% Concept workshop layouts. Layouts will be in roll plot or figure format and will not include plan sheets, specifications or details. One layout for each site will be drafted based on discussions during the scoping meeting site walk. Layouts will be schematic and will include curb/gutter, sidewalk, approximate curb ramp and driveway layouts, crossing treatment, signalization, channelization and utility relocations. Notations and callouts will not be included in this layout. 5.3 The CONSULTANT will complete a draft Design Decisions memorandum documenting the standards referenced in developing the design, as well as document direction given to the CONSULTANT by CITY staff. Work Element 5 Assumptions: ♦ The CONSULTANT shall attend a conceptual design workshop as per Work Element 1.3 ♦ Individual plan sheets will not be developed for the 10% concept workshop plans. ♦ 10% concept layouts will include survey and right of way basemaps. ♦ Opinion of probable cost will not be prepared with the 10% design. ♦ Individuals attending the concept workshop will have authority to determine preferred layouts and provide direction to the CONSULTANT. ♦ Improvements decided on during the concept workshop will be carried forward to 60% design. ♦ Pedestrian Access Route (PAR)at the northwest corner of the Kitsap Way/N Callow Avenue will be provided by shifting the north and south curb lines as needed to obtain the required 4 foot PAR. There is sufficient right of way on the south side of Kitsap Way to shift the curb line. Work Element 5 Deliverables: ♦ Full size hard copies of the 10% concept figures for discussion during the workshop. ♦ Draft Design Decisions memorandum ♦ Meeting minutes cataloging discussion and decisions made during the concept workshop. Work Element 6 Stormwater pocumentation This Work Element includes analyzing and documenting the stormwater design for the project in accordance with the 2012 edition of the Stormwater Management Manual for Western Washington (SWMMWW), as adopted by the City of Bremerton. 6.1 Calculate areas of new and replacement impervious surface, and disturbed area resulting from the project Determine the applicability of each of the 10 Minimum Requirements of the 2012 SWMMWW. 6.2 Prepare a Stormwater Site Plan (SSP) memorandum. The SSP will address the applicable Minimum Requirements of the Surface Water Management Manual. A draft SSP memorandum will be completed with the 60% design submittal and finalized with the Draft Bid submittal. Work Element 6 Assumptions: City of Bremerton Page 6 of 11 KPG HSIP Phase 2 10/20/2015 ♦ Flow control and runoff treatment facilities will not be required. ♦ Because the stormwater requirements applicable to this project are expected to be minimal, the Stormwater Site Plan requirements will be documented in an abbreviated, memorandum format. ♦ Stormwater improvements will be limited to relocating structures as/if needed as a result of changed curb locations. There are no deficiencies within the existing stormwater system that will require improvements outside of the project area. Work Element 6 Deliverables: ♦ (1)electronic copy of the Draft Stormwater Site Plan Memorandum in PDF format ♦ (1) electronic copy of the Final Stormwater Site Plan Memorandum in PDF format Work Element 7 60% Design This Work Element includes providing 60% Design Plans, Specifications and Estimates for review and approval by the CITY. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City of Bremerton standard details and WSDOT standard plans will be supplemented with project specific details as necessary. The 60% plans and specifications shall be stamped by a licensed professional Engineer in the State of Washington. 7.1 The CONSULTANT shall prepare 60°/a plan sheets for review and approval by the CITY. The 60% submittal will include all comments received from the 10% concept workshop and will include horizontal location of improvements with the following level of detail: ♦ Construction Limits ♦ Curb and radii ♦ Location and types of curb ramps ♦ Location and type of driveway approaches ♦ Location of RRFBs, pedestrian signals, push buttons � illumination ♦ Channelization and signing ♦ Storm drainage improvements (if applicable) ♦ Utility impacts, required relocations and pothole locations ♦ Impact to private improvements both inside and outside of public right of way In general, vertical location of improvements will not be specified on the Plans unless there are conflicts with existing utilities and/or surface improvements. Vertical information will be provided at locations where proposed improvements are confined by existing grades. The CONSULTANT will provide Senior level QA/QC prior to submitting to the CITY. An illumination design report will be provided with the 60% plans and include a summary of lighting design standards, proposed lighting levels and all supporting documentation. 7.2 The CONSULTANT shall prepare 60% quantities and opinion of probable cost for review and approval by the CITY. 7.3 The CONSULTANT shall prepare 60% specification documents, Divisions 1-9. The CONSULTANT will include additional special provision language as needed. Legal documents and appendices will not be included in this submittal. 7.4 The CONSULTANT will complete a final Design Decisions memorandum documenting the standards referenced in developing the design, as well as document direction given to the CONSULTANT by CITY staff. City of Bremerton Page 7 of 11 KPG HSIP Phase 2 10/20/2015 I Work E/ement 7 Assumpfions: ♦ The CONSULTANT shall attend a 60% design review meeting as per Work Element 1.3 Work Element 7 Deliverables: ♦ Electronic(PDF) half size and full size 60% design plans ♦ Electronic(PDF 8�Word)60% design specifications ♦ Electronic(PDF 8� Excel) 60% design opinion of cost ♦ Electronic(PDF) illumination design report ♦ Final Design Decisions memorandum ♦ Meeting notes from 60% submittal design review meeting Work Element 8 WSDOT Coordination/Channelization Plans This Work Element includes coordinating approval of WSDOT required documentation for the Channelization Plan for Approval. 8.1 Prepare and submit WSDOT channelization plans for the following five (5) intersections: ♦ 6�' Street/SR 310 & North Callow Avenue ♦ Burwell St/SR304 8� North Montgomery Avenue ♦ Burwell SUSR304 & High Avenue ♦ Burwell SUSR304 8� Chester Avenue ♦ Warren Avenue/Wheaton Way/SR303& Sheridan Road The plans will meet WSDOT channelization plan requirements, including required supporting documentation, deviation requests, and design vehicle turning movement analysis. It is anticipated that channelization approval will require two (2) meetings with WSDOT staff and two (2) submittals of the Channelization Plans. Work Element 8 Assumptions: ♦ A Project Analysis will not be required. ♦ Traffic Signal permits and Preliminary Signal Plans will not be required. Work Element 8 Deliverab/es: ♦ WSDOT Plan for Approval (Channelization plan), assume 2 submittals to WSDOT ♦ Meeting notes Work Element 9 Final Design This Work Element includes providing Draft Bid and Bid Document Plans, Specifications and Estimates for review and approval by the CITY. Plans shall be formatted to provide sufficient detail for convenient field layout of all proposed facilities. City standard details and WSDOT standard plans will be supplemented with project specific details as required. Draft Bid and Final Bid Documents will be stamped, signed and dated by a licensed professional engineer in the State of Washington. 9.1 The CONSULTANT shall prepare Draft Bid plans for review and approval by the CITY. The Draft Bid submittal will include all comments received from the 60% review. The CONSULTANT will provide Senior level QA/QC and constructability review by KPG construction management staff prior to submitting to the CITY. The plans are estimated to have the following sheets: City of Bremerton Page 8 of 11 KPG HSIP Phase 2 10/20/2015 Sheet List Title/index sheet (1 sheet) Legend, Abbreviations, General Notes and Survey Control (1 sheet) Sidewalk, Driveway and Curb Details (1 sheet) Channelization and Signing Details (1 sheet) Restoration Details (1 sheet) 11 th St 8� N. Montgomery Ave Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Channelization, RRFB and Signing Plan (1 sheet) 6th St& Callow Avenue Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Signalization Plan (1 sheet) Burwell/SR 304 & Callow Ave Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Signalization Plan (1 sheet) Burwell/SR 304 & N. Montgomery Ave Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Signalization Plan (1 sheet) Burwell/SR 304 & High Ave Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Channelization, RRFB and Signing Plan (1 sheet) Burwell/SR 304 8� Chester Ave Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) - Channelization, RRFB and Signing Plan (1 sheet) Sheridan Rd &Wheaton Way/Warren Ave/SR 303 Site Preparation and TESC Plan (1 sheet) Intersection Grading, Restoration and ADA Ramps Plan (1 sheet) ADA Ramp Details (1 sheet) Signalization Plan (1 sheet) Traffic and Pedestrian Control Plans (4 sheets) TOTAL = 37 sheets Traffic and Pedestrian Control plans will utilize WSDOT traffic control (TC) Plans and City standard plans and be for the Contractor's reference only. Traffic Control plans will be stamped, signed and dated by a licensed professional engineer in the State of Washington The CONSULTANT will not develop site specific Traffic and Pedestrian Control plans. The Contractor will still be required to develop site specific traffic control plan for all construction activities. City of Bremerton Page 9 of 11 KPG HSIP Phase 2 10/20/2015 9.2 The CONSULTANT shall prepare Draft Bid quantities and opinion of probable cost for review and approval by the CITY. 9.3 The CONSULTANT shall prepare a complete Draft Bid specification document including legal documents, Divisions 1-9 and appendices. The CONSULTANT will include additional special provision language as needed. The Draft Bid submittal will include all comments received from the 60% review. 9.4 The CONSULTANT shall prepare Final Bid Documents for advertisement by the CITY. The CONSULTANT will provide Senior level QA/QC prior to submitting to the CITY. The final bid documents will include all comments received from the Draft Bid review and will be complete set of contract specifications and drawings. 9.5 The CONSULTANT will prepare Maximum Extend Feasible, Public Interest Finding and "Tied Bid" documentation and provide to the CITY. Work Elemenf 9 Assumptions: ♦ Specifications will be based on 2014 WSDOT Standard Specifications. ♦ Bid Documents will be packaged with the Crownhill Elementary Sidewalks contract documents and advertised as a "tied bid". A separate bid schedule will be prepared for each project. ♦ The CONSULTANT shall attend a Draft Bid design review meeting as per Work Element 1.3 ♦ The Draft Bid documents may be utilized for WSDOT concurrence review, if elected by the CITY. ♦ The CONSULTANT will provide the final Bid Documents to ARC Document Solutions for advertisement. Hard Copies of the Final Bid Documents will be ordered and paid by the CITY directly from ARC. Work Element 9 Deliverables: ♦ Draft Bid Design Submittal o Electronic(PDF) half size and full size design plans o Electronic(PDF 8�Word) specifications o Electronic(PDF& Excel)opinion of cost o Two (2) %2 size bound of the Final Bid Documents Plans, One (1) hard copy of the Final Bid Document Specifications and One (1) hard copy of the Engineer's Estimate mailed to WSDOT for concurrence review. o Meeting notes from Draft Bid submittal design review meeting City of Bremerton Page 10 of 11 KPG HSIP Phase 2 10/20/2015 ♦ Bid Document Submittal o Electronic(PDF) half size and full size design plans o Electronic(PDF &Word) specifications o Electronic(PDF & Excel)opinion of cost o Two (2) '/z size bound of the Final Bid Documents Plans, One (1) hard copy of the Final Bid Document Specifications and One (1) hard copy of the Engineer's Estimate mailed to WSDOT for the file. o AutoCAD 2013 drawing files of the Final Bid Documents Plans. ♦ Maximum Extend Feasible, Public Interest Finding and "Tied Bid" documentation Work Element 10 Assistance During Bidding 10.1 This Work Element includes preparing addenda and responding to bidders questions relayed through the CITY. It is assumed that the CONSULTANT will prepare up to two (2) addenda. Additional Services The CITY may require additional services of the CONSULTANT. The scope of these services will be determined based on the unanticipated project needs or other considerations at the sole discretion of the CITY. This work may include items identified in the current task authorizations as well other items, which may include, but are not necessarily limited to the following: ♦ Structural Engineering ♦ Right of Way plans, acquisition, appraisals, or assistance with condemnation proceedings ♦ Temporary Construction Easements ♦ Arborist Investigations ♦ Construction Management& Inspection Services ♦ As-Built Drawings ♦ Hazardous Materials Testing ♦ Utility Coordination ♦ Stakeholder Coordination ♦ Temporary Construction Permits ♦ Environmental approvals These services will be authorized under a future contract supplement if necessary. At the time these services are required, the CONSULTANT shall provide a detailed scope of work and an estimate of costs. The CONSULTANT shall not proceed with the work until the CITY has authorized the work and issued a notice to proceed. City of Bremerton Page 11 of 11 KPG HSIP Phase 2 10/20/2015 Exhibit B DBE Participation Not Applicable Agreement Number: WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 10/30/2014 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: 1. Surveying, Roadway Design & Plans Preparation Section A. Survey Data AutoCAD 2015 files of the topographic base map B. Roadway Design Files AutoCAD 2015 C. Computer Aided Drafting Files AutoCAD 2015 Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 10/30/2014 D. Specify the Agency's Right to Review Product with the Consultant All project related files are subject to review by the City of Bremerton E. Specify the Electronic Deliverables to Be Provided to the Agency Completed contract documents, roadway design(AutoCAD) files F. Specify What Agency Furnished Services and Information Is to Be Provided Boilerplate for division 2 - 9 special provision language, best available aerial photographs and CAD-compatible utility maps, completed front end legal documents and Division 1, Agreement Number: WSDOT Form 140-089 EF Exhibit C Page 2 of 4 Revised 10/30/2014 [I. Any Other Electronic Files to Be Provided A copy of all electronic files may be provided to the City on DVD, upon request. III. Methods to Electronically Exchange Data E-mail, CD, or FTP as approved by the City. WSDOT Form 140-089 EF Exhibit C Page 3 of 4 Revised 10/30/2014 A. Agency Soflware Suite - N/A B. Electronic Messaging System N/A C. File Transfers Format PDF, MS Word, Excel, and AutoCAD 2015 WSDOT Form 140-089 EF Exhibit C Page 4 of 4 Revised 10/30/2014 - Exhibit D Prime Consultant Cost Computations See Exhibit D, attached Agreement Number: WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 10/30/2014 .. ,�,:,� - ,� •.� � �� Washington State Exhibit D Transportationeuilding artrr�ent of Trans rtation 310 Maple Park Avenue S.E. p � P.O.8ox 47300 Olympia,WA 98504-7300 Lynn Peterson 3so-7os-7000 � Secretary of Transportation TTY:1-800-833-6388 www.wsdot.wa.gov August b,2015 KPG, Inc. 753 -9'h Avenue N Seattle, WA 98109-4309 Subject: Acceptance FYE 2014 ICR—Risk Assessment Revicw Dear Mr. Jason Fritzler: Based on Washington State Department of Transportation's (WSDOT) Risk Assessment review of your Tndirect Cost Rate (ICR), we have accepted your proposed � FYE 2014 ICR of 131.49%. This ICR acceptance is in accordance with 23 CFR 172.7 and must be updated on an annual basis. This rate may be subject to additional review if considered necessary by WSDOT and will be applicable for: ❑ WSDOT Agreements ' � Local Agency Contracts in Washington State only Costs billed to agreements/contracts will still be subject to audit of actual costs,based on the terms and conditions of the respective agreement/contract. This was not a cogniza�lt review. Any other entity contracting with the firm is • responsible for determining the acceptability of the ICR. If ou have an uestions feel free to contact our office at (360) 705-7104 or via Y Y9 � email consultantrates cr wsdot.wa.�ov. gards; r�,�E K.JONSO anager;Consultant Servi ,.s Office EKJ:kal Acceptance ICR Risk Assessmcnt Review � � Washington Sta4a M emoran d um Department of Tranaportati�n May 13,2014 TO: Stacie Kelsey,Local Programs . . � FROM: Martha Roach,Agreement Compliance Audit Man��er ! SUBJECT: KPG,Inc. Jndirect Cost Rate for fisca]year end December 31,2013. We have completed our desk review of KPG,Inc. Indirect Cost Rate for the above � referenced fiscal year. The review was completed et the request of WSDOT Nortl�west Region Loca1 Programs. We reviewed tl�e documentation supporting the rate for compliance with criteria contained in the Federal Acquisirion Regulations{FAR), Subpart 31. Our review included a site visit to the firm. Based on our review we are issuing this memo.establishing KPG, Inc. Indirect Cost Rate for fiscal year ending December 31,20l 3,at 131.49%of direct labor(rate includes ' 0.14%Facilities Cost of Capital). KPG,Inc:provided a FHWA Certificate of Final Indirect Costs indicating all costs included in the indirect cost rate schedule are in compliance with Federal Acquisition Regulations(FAR}, Subpart 3l. � Costs billed to agreements will still be subject to audit of actual costs,based on the tenns and conditions of the respective agreernent. � This was not a cognizant review. Any other entity contracting with the firm is � responsible for determining the acceptability of the Indirect Cost Rate. ]f you have any quesrions,feel free to call me at(360)705-7006 or via email at , roachma(c�wsdot.wa.�ov,. � Cc: Steve McKerney � File ' . , i; f� . . {; (,, DOT Fam 10D-0CB FF Red�od S19B � Certification of Final Indirect Costs Firm Name:KPO,inc. .� Indirect Cosl Rate Proposal:�3�.ae'�o I � Date oF Praposal Preparafion(mm/ddlyyyy):03111/'2014 � w Fiscal Pe�iod Cavered�mm/ddlyyyy to mm/ddlyyyy):ovov�a�o�z�3�no�a � � � 1,the undersigned,cerNfy that!have revlewed fhe proposal fo esfeblish final indirecl cost re(es � for Ihe frsce!perlod es speclfled above end to the best almy Icnowfedge end bellef.• � 1.)All costs lncluded!►r fhls proposal to esfablish final Indirect cosf rafes are aflowable!n ; acco►�fence with fhe cost pdnclples�f the�ederel Acqulslllon Regulatlons(FARJ of f1Ue 48, Code of Federa!•Regu/atlons(CFRJ,part 39. � 2.) This pmposal does rrot inc/ude any cos(s which are expressly unallowable under the cosf '" princlples of the FAR of 46 CFR 3f. � All known m�terial fransacttons or�vents thaf have occuned attecfing fhe fimr's ownershlp, organlzafton and indirecf cost rafes have been disclosed. / � � Signature:.. f4 . . ai Neme of Certifying OHicial•(Print):Nelson_Davis t ' Tille: Presldenl _ Date of CeNificet(on(mmlddlyyyy):05112�zut4 � ; , ; i. �� "The°Certlfying Officiel"rnust be an Indivldual executive or flnanclal ofitcer of the flrm at e level i:, no lower than a Vlce President or Chiei Finenclal Offlcer,or equivalenl,who has the authority to represent lhe financlal Informeilon utllized la establish lhe indirect cost rete fo�use under Agency ; contracts. � Ref.FHWA Directive 4470.1A evaileble on line at: httn•i/www thwa dol ov/laasregsldireotiv�sls�r�g�s/44701a hlm �j ��; . I� !i' � l: (. i �4 O/H Cerdfication;Nov 2010 ' i' . , . t � �. KPG Exhibit D CONSULTANT FEE DETERMINATION SUMMARY OF COST City of Bremerton HSIP Phase 2 Direct Salary Direct Salary Classification Cost Total Hours Total Cost QA/QC Engineer $70.67 19 $1,342.73 Project Manager $36.06 148 $5,336.88 Senior Project Engineer $55.29 27 $1,492.83 Project Engineer $42.27 336 $14,202.72 Design Engineer $28.85 466 $13,444.10 CAD Technician $38.22 124 $4,739.28 Transp. Planner $44.47 24 $1,067.28 Senior Surveyor $45.67 70 $3,196.90 Survey Party Chief $41.83 78 $3,262.74 Survey Chainman $30.77 8 $246.16 Survey Technician $39.90 84 $3,351.60 Construction Manager $43.27 8 $346.16 Clerical $28.37 50 $1,418.50 DSC Subtotal 1,442 $53,447.88 Overhead (OH) Cost (Include Salary Additives) OH Rate x DSC of 131.49% x $53,447.88 = $70,278.62 Fixed Fee (FF) FF Rate 25.00% x $53,447.88 = $13,361.97 DSC Total $137,088.47 Direct Reimbursables Mileage $345.00 Last Recorded Deeds $300.00 Traffic Counts $1,260.00 Reimbursable Total $1,905.00 Total Agreement Amount $138,993.47 City of Bremerton 10/20/2015 HOUR AND FEE ESTIMATE Exh�btl D Pro�ect: C�ty ol Bramerlon K�G HSIP Phase 2 i��erd�sc�Pi�na.y oo:ien October 2D,2015 Lebar Hoic Estlmele OA'OL Pre�aet Sr.Pro�ac� Pro�acl Dazlgn CAD Trenap. Sallor Survsy Parly Surny Swvay Construelbn Engbise� Ma�u o Englrwr En b�wr Enpinenr Tachnklan Planner Surva o Chbi C�alnman Tec�nlclan W�a e Lbrlcal M01ve To�el Fee : 181.26 5 9P.49 i 141.87 S 70&42 S 70.00 S 98.03 S 174.06 S 117r1C S 10729 S 7&92 S 102.34 E 110.98 1 72.77 Tesk Uescrl on DtreclSala Loat DSC S 70.67 E 36.06 S 55.29 S 4227 S 2&BS S 7b.YY S 64.47 S 95.67 S 4f.83 S 30.77 S �9.90 E 43.27 f 28.37 Work Element 1-Pro ect Mene me�n/CoortlrtiaUon/4tlmimsiratlon _ 11 AtlministrationServires(6MomhJ_ � B _ , _ . . B _ 16 $ 1_32205 1 2 Managemenl Sernces 16 1�$ 1,479 Ba �3 Cooitl:na4on Meetrtgs(7 MeeUngs,combined wnh Crownhdl meeL s) 16 ' 12 i ' 281$ 2,780 86 1 4 W SDOT ADA S�e W alk 4 6 8 $ B03 63 ReimWrsable e enses-see breaktlown lur dc�aih —� —� S 772 50 Tesk Tatels 0 44 0 16 0 0 0 0 0 0 0 0 8 68 S 6,558.90 Work ElcmeM 2-Svvo eM Base Ma In 2.1 U�dny Locates(KPG coorOinauon wnh onecalp 2 _ . . 2 _ . _ 4 $ 419 26 2 2 Ficld Survey 8 Bnsemappmg(7 sMs) .._ _ T_ _ � 8 _ 70 60 _ 138:$ 14,587 77 2 3 AtlE�wnal Flcld Su�vey 8 Basemappinp(1 tlay) _ _. .. B 8 4 _ 20 $ 1,899 OS RcimDursable e enses-seo brcaktlown lor deta�ls $ t72 50 Task iotel D 2 0 0 0 0 0 10 7B B 6< 0 0 162 S 17,078.58 Work Elemenl3-RI ht ol Wa CelcWafloro 3 7 ResearcY�EKining RigM ot Way Documents . _ _.. ' _ ' ' 30 30 5 3,514 17 3.2 Cakula�c ROW&Add to Basemap _ _ . _. 30_ '.0 : _ 50 $ 5,560 96 Raimbursable a enses-see breakdown for tle�a�Ls i 8 300 00 Task Total 0 0 0 0 0 0 0 fi0 0 � 0 20 0 0 80 f 9,�75.17 WorkElement0-TnfllcAne ele 4 1 Traflic Anaysis Memo(Dralt B Finap B 1 , . t6 24 49 $ 4.B0J 16 Reimbursable e�enses-see breaktlov.•n for detals � � � E 1.260 00 Task 7ow1 0 B 1 0 16 0 24 0 0 D 0 0 0 <9 S 6,063.16 WorNElement5-Conce tualDesl n 5 1 Sile Vivl.Phob Log . . b ' . 6 . . ._ .. .. . _ 12 8 1.205 45 52 t0%ConcepwalDesignFgures 2 �6 4 92 I 32_ 12 _ 9B E 9A2729 5 3 Draft Design Docisrons Memo ' 8 6 � . _ < 1 B E 1.681 50 Hcimbursablc e enses-see brcaktlown lor Oetails � � S Tosk Totel Y 30 4 4A 72 12 0 0 0 0 0 0 A 128 S 12 31024 Work Element 6-Stormwater pocuneMatlan 61 SiormwaterRequiremen[SAnalysis Z ' B 10,$ 1,15097 6 2 Smrmwatcr Site Plan Memorantlum 1 1 6 t6 24 $ B59 32 Re mb sabl erpo se - ee breahdown lor Oeta Is —� � � $ 7aak Total i i e u o a o o I o I o I o I o o I —�I s 4,010.30 CM ol Bmmer[on HSIP Phase 2 1 0l 4 KPG Hour arM Fee Estimale Oclobei 2015 HOUR AND FEE ESTIMATE EKhien D Project: City ol Bremarlon K p G HSIP Phase 2 Octo6er 20,2015 h,rerdtsaph�ary Destg�� Lebor Hoic Estlmete ONOL Pro�act Sr Prolecl Pro�ect oe�e� GAD Tn�up. SeNw Survay Parry Surwy Survry Conawctbn En bieer Ma�u e E Ineer En Irwr E Ireer Tx�nklan Planner Surve or Cl�bl Cluh�man Teehnklan Ww a Cbrlcal Nolrta TOW FCO 181.26 9249 141.87 tO8A2 7i.00 98.03 114.06 117.14 10729 78.92 10234 110.98 72.77 Work Element 7-60x Dea1 n 7 1 609�.Design Plans < 4 5 128 220 60 0 0 0 0 0 0 0 421 $ 37,842 87 7 2 60'a Design Ouanbtros 8 Esumate ' 2 8 B � i8 S. 1,6M 31 73 60_�.DesgnSpecrficaLons 1 b � a � 4 IB $ 1,787.74 7 4 Fnal Uesgn�ecivons Memo B �_ 2 �4 S _ 1,319 13 Reimbursable e enus-see breaktlown lor tletgils �$ 7askTotal 5 22 6 � 1M 22B 60 0 D 0 0 0 0 6 471 S <2,594.04 Work Element B-WSDOT CoortliiulioNC�.iNPro ect Mel sls 8.1 Channah�alion PLins(5 pWns+caver) 1 4 a0 _ _ _. a5:$ 3,511 12 Reunbursable e�enses-see breakdown lor deta�Ls J � I i '$ Task Totel 1 4 ' 0 0 40 0 0 0 0 0 T 0 0 0 OS = 3,511.12 Work Elemenl9-Fl�I Desl n 9 1 Drah BM Plans < I 7 __ 7 82 1 t2 92 0 0 0 0 0 B 0 252 $ 23,568 02 9 2 Oraft Bid Ouanbbes B Estimate Z . < 12 �8 $ 1,506 62 9 3 Dralt Bid Specdsations _ 2 6 1 6 , �2 25 $ 'L,366 15 9.4 Final Bid Plarts,Spenlications 8 Estimale _ a 8 B � 16 20 � ' 20 76 $ 6,932 21 _ _ 9.5 MEF,PIF 8 Tietl Bitl Documenlation , �B , � 8 8 � � .. _ < S __ 2.199 25 2 Reimbursable e anses-see breakdown lur details � S TeskTotal 10 31 8 10fi 1C8 52 0 0 0 0 0 8 3Y 395 S 76,5T224 Work Element 10-Anzlslance D�cin Blddln 10 1 Biddcr Ouesuons�Addo�da(Assurnc 2 Addonda) 6 2 2 . � _. 10 $ 919 77 Reimbursable eryenses-xe breakdown lor dota�ls � � II $ Teak Tetal � ' 6 0 2 2 0 I 0 0 � 0 0 0 0 10 S 919.77 TOTAL MOURS ANO TOTAL ESTMATED FEE 19 14B 27 376 666 � 124 24 70 78 8 B4 8 50 79a2 S 138,999.47 o rv ll Direcl Sala Cosls $ 70 67 $ 36 06 8 55 29 5 �2 Z� S 28 95 S 3H 2? $ .aa 47 g 456� $ 41 B3 $ 307: $ 39 9D S 43 27 $ 28 37 Oveihead@19149^; $ 9292 $ 4742 $ i270 $ 5558 $ 3793 $ 5026 S SB47 $ 6005 $ $500 E 4046 $ 5246 E 5690 S 3790 137i9% FizedFcc@3Uo $ 1767 E 902 8 1382 $ f057 E 721 S 956 $ iff2 $ 1742 $ f046 E 769 $ 998 S fOB2 $ 709 2500°a TotalLaborRate $ 18126 92d9 74181 S 108a2 $ 7400 $ 9803 It406 $ ff710 $ f0729 S 7H92 $ 10234 8 1f09H 8 7277 C�ly Of Brcmerton HSIP Phase 2 2 014 KPG Hour antl Fee Esumaie Oclaber2075 HOUR AND FEE ESTIMATE Exhibit D Project: City of Bremerton . �� HSIP Phase 2 Irrtcrdixiplinary Design October 20,2015 Reimbursable Breakdown Work Element 1•Pro�ect Management/Coordlnation/Administration __ __ _ _ _ . __ _ Mileage(est 300 miles x 0 575 cenis/mile)_ � _ _ _ __ _ $ 172 50 Task 7-ToWI E 772.50 Work Element 2-Survey and Base Mapping _ _ . . . .. _ ... Mileage(est 300 miles x 0.575 cents/mile) ..___ $ 172 50 Task 2-Total S 772.50 Work Element 3-Rlght of Way Calculations _ _ _ ... . „ _ _ Order Last Recorded Deeds $ 300 00 Task 3-Total 8 300.00 Work Element 4-Trattic Analysis _ _ _ _ _ . .__. . . _ Traflic Counis $ 1.260 00 Task 4-Total $ 7,260.00 Work Element 5-Conceptual Deslgn _ _ ._ . . _ _ _ Task 5-Total $ Work Element 6-Stormwater pocumenWtion . . . .. . .. _.. . —. _ .$ Task 6•Total E Work Element 7-60%Design _ _ . _ _ _. ._ _ $ Task 7-Total E Work Element 8-WSDOT CoordlnatfonlChan/PrJect Analysis _ . _ ... _ _ _. _.. __ —. _ $ 7ask 8-7otal S WorkElement9-FInalDesign_ _ . . ._ . ._ . .. __ $ Task 9•Total S Work Element 10•Asslstance During Bldding_ . . _ . _. . _ $ Task 10-Total S TOTAL REIMBURSABLES: E 7 905.00 City of BremeAon HSIP Phase 2 3 of 4 KPG Hour and Fee Estimate October 2015 Exhibit D FEE SUMMARY �� Interdisciplinary Design Project: City of Bremerton HSIP Phase 2 October 20, 2015 Description Estimated Fee Work Element 1 - Project Management/Coordination/Administration $6,558.90 Work Element 2-Survey and Base Mapping $17,078.58 Work Element 3- Right of Way Calculations $9,375.13 Work Element 4-Traffic Analysis $6,063.16 Work Element 5-Conceptual Design $12,310.24 Work Element 6-Stormwater pocumentation $4,010.30 Work Element 7-60%Design $42,594.04 Work Element 8-WSDOT Coordination/Chan/Project Analysis $3,511.12 Work Element 9- Final Design � $36,572.24 Work Element 10-Assistance During Bidding $919.77 Total Estimated Fee $138,993.47 City of Bremerton HSIP Phase 2 4 of 4 KPG Hour and Fee Estimate October 2015 Exhibit E Sub-consultant Cost Compufations There isn't any sub-consultant participation at this time.The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI "Sub-Contracting" of this AGREEMENT. There will be no sub-consultant for this project. Agreement Number: WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 10/30/2014 Exhibit F Title 1/1 Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: l. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this AGREEMENT and the REGULATiONS relative to non-discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1)through I (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/30/2014 Exhibit G Certificati�n Documents Exhibit G-1(a) Certification of Consultant Exhibit G-l(b) Certification of Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Exhibit G-4 Certificate of Current Cost or Pricing Data Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of KPG, P.S. whose address is 2502 Jefferson Avenue Tacoma, WA 98402 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firni, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the City of Bremerton and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. KPG, P.S. Consultant(Firm Name) Signature(Authorized O�cial of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-1(b) Certification of City of Bremerton 1 hereby certify that I am the: Q Certified Authority ❑ Other of the City of Bremerton , and KPG, P.S. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the City of Bremerton and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions [. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three(3)year period preceding this proposal been convicted of or had a civil judgment rendered against them fior commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions (Federal, State and local)terminated for cause or default. II. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. KPG, P.S. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal,to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any 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, or modification of Federal contract, grant, loan or cooperative AGREEMENT. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. KPG, P.S. Consultant(Firm Name) Signature(Authorized Official of Consultant) Date Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit G-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data(as defined in section 2.101 of the Federal Acquisition Regulation (FAR)and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's representative in support of HSIP Phase 2 * are accurate, complete, and current as of 10/30/15 '*. This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing rate AGREEMENT's between the offer or and the Government that are part of the proposal. Firm: KPG, P.S. Signature Title Date of Execution***: *ldcntify the proposal,yuotation,rcquest for pricing adjustment,or othcr submission involved,giving the appropriate identifying number(e.g.projcct title.) **Insert the day,month,and ycar,when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day,month,and year,of signing,�vhich should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal Relations and Insurance of this Agreement is amended to $No Change . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of$No Change . Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance. • Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whicliever is greater, then justification shall be submitted to the Federal Highway Administration (FH WA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $Not applicable . • Include all costs, fee increase, premiums. • This cost shall not be billed against an FHWA funded project. • For final contracts, include this exhibit. Agreement Number: WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Revised 10/30/2014 Exhibit 1 Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. !n addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager pocuments the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, � then the process will not proceed beyond this point. • [t is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: WSDOT Form 140-089 EF Exhibit I Page 1 of 2 Revised 10/30/2014 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Revised 10/30/2014 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of$1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Vl4'orks or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step l, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim.After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. [f the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 10/30/2014 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works orAgency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing)the consultant of their final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014 AGENDA BILL � H CITY OF BREMERTON GTY COUNCIL ...................................................................e...................� SUBJECT: Ordinance No. 5287 amending Study Session Date: November 10, 2015 Ordinance No. 4875 and 5226 to extend the COUNCIL MEETING Date: November 18, 2015 Puget Sound Energy Franchise agreement Department: Legal Presenter: Roger Lubovich Phone: (360) 473-2345 SUMMARY: The current franchise agreement with Puget Sound Energy is set to expire November 30, 2015. This ordinance would extend the term of the current franchise agreement to November 30, 2017. ATTACHMENTS: 1) Ordinance No. 5287 2) Ordinance No. 5226 and 3) Ordinance No. 4875 FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: � Move to pass Ordinance No. 5287 amending Ordinance No. 4875 and 5226 to extend tfie term of the franchise granted to Puget Sound Energy to November 30, 2017. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5287 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 4875 and 5226 by extending the term of the franchise granted to Puget Sound Energy, Inc., a Washington corporation, for purposes of transmission, distribution and sale of electricity. WHEREAS, on November 19, 2003 the City Council passed Ordinance No. 4875 granting Puget Sound Energy ("PSE") a franchise for purposes of transmission, distribution and sale of electricity for power, heat, light and any other purpose for which electricity can be used, said ordinance is hereby incorporated by this reference; and WHEREAS, on November 6, 2013 the City Council passed Ordinance No. 5226 extending the term of the franchise two years to November 30, 2015 and to make corrections to certain references in the franchise, said ordinance is hereby incorporated by this reference; and WHEREAS, the City Council and PSE desire to extend the term of the franchise for an additional two years to November 30, 2017; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendments to Franchise Ordinances. Ordinance No. 4875 granting PSE a franchise for purposes of transmission, distribution and sale of electricity and Ordinance No. 5226 extending the term of the franchise two years to November 30, 2015 are hereby amended as follows: Franchise Term Extended. The term of the franchise as set forth in Section 9.1 of Ordinance No. 4875 and Section 1 of Ordinance No 5226 is extended two years, from December 1, 2015 to November 30, 2017. With the exception of the amendments set forth in this ordinance, all terms and conditions of Ordinance No. 4875 and Ordinance No. 5226 are reaffirmed and shall remain in full force and effect. SECTION 2. Acceptance of Ordinance. PSE shall, within sixty(60) days after the effective date of the ordinance, file with the City its written acceptance of the ordinance. SECTION3. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. 1 Puget Sound Energy Francl:ise Extension 2015 PASSED by the City Council the day of , 2015 GREG WHEELER, Council President Approved this day of , 2015 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2015 EFFECTIVE the day of , 2015 ORDINANCE NO. PSE Acceptance on following page 2 Puget Sound Energy Franchise Extension 201 S CITY OF BREMER�'ON KITSAP COUNTY, STATE OF WASHINGTON In the matter of the application . of Puget Sound Energy, Inc., a . Franchise Ordinance No. Washington corporation, for a : franchise to construct, operate . (Extension of Franchise Term established by and maintain facilities in, upon, . Ordinance No. 4875 and Ordinance No. 5226) over under, along, across and . through the franchise area of the . ACCEPTANCE City of Bremerton, Washington . WHEREAS, on November 19, 2003,the City Council of the City of Bremerton, Washington, granted a franchise to Puget Sound Energy, Inc., a Washington corporation, its successors and assigns by passing Ordinance No. 4875; and WHEREAS, on November 6, 2013, the City Council of the City of Bremerton, passed Ordinance No. 5226 to extend the term of the existing franchise to Puget Sound Energy, Inc. two years, from December 4, 2013 to November 30, 2015; and WHEREAS, on , 201 ,the City Council of the City of Bremerton, passed Ordinance No. to extend the term of the existing franchise to Puget Sound Energy, Inc. an additional two years, from December 1, 2015 to November 30, 2017; and WHEREAS, a copy of Ordinance No. was received by the Puget Sound Energy, Inc. from the City of Bremerton on , 2015. NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its successors and assigns, hereby accepts said ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington. IN TESTIMONY WHEREOF Puget Sound Energy, Inc. has caused this written Acceptance to be executed in its name by its undersigned thereunto duly authorized on this , day of , 2015. PUGET SOUND ENERGY,INC. ATTEST: By: By: Its: Its: ' Copy received for City of Bremerton on , 2015 By: Shannon Corin, City Clerk 2\Legal\Legal\Files\Current Act�ve Files\Franchises\PSE�PSE Franchise Extension 2015-Final.docx 3 Puget Sound Energy Franchise Extension 201 S ORDINANCE NO.5226 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amendmg Ordmance No 4875 by extending the term of the francluse granted to Puget Sound Energy, Inc, a Washington corporat�on, for purposes of transmission, distnbution and sale of electncity WHEREAS,on November 19, 2003 the City Council passed Ordinance No 4875 granhng Puget Sound Energy("PSE")a franchise for purposes of transmission,distnbuhon and sale of electncity for power, heat, hght and any other putpose for wluch electncrty can be used, said ordinance attached hereto as Exhibit A and incorporated herein by reference,and WHEREAS,the term of the franchise expires on December 4,2013 and the City Council and PSE desire to extend the term of the franchise two years to November 30,2015 and to make correchons to certain references m the franchise,NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Amendments to Franch�se Ordinance Ordinance No 4875 granting PSE a franchise for purposes of transmission,distnbut�on and sale of electncity is hereby amended as follows 1 Franchise Term Extended The term of the franchise as set forth in S�chon 9 1 of Ordinance No 4875 is extended two years,from December 4,2013 to November 30,2015 prov�ded,however,PSE shall have no nghts under this&anchise nor shall PSE be bound by the terms and condrtions of this franchise unless PSE shall,within sixty(60)days after the effective date of the ordinance, file with the City its wntten acceptance of the ordinance 2 Corrections to References_ The reference to subsechon 22 2 m Sect�on 161 is corrected to 23 1 and the reference to subsection 2 6 in Section 19 1 is corrected to 2 5 With the excephon of the amendments set forth m this ordinance, all terms and condrtions of Ordinance No 4875 are reaffirmed and shall remam m full force and effect SECTION 2 Severabclitv, If any one or more sechons,subsechons,or sentences of this Ordinance are held to be unconstitutional or invalid,such decision shall not affect the validity of the rema�mng portion of this Ordinance and the same shall remam m full force and effect SECTIDN 3 E ect�ve Date. Tlus ordinance shall take effect and be m force ten (l 0)days from and after rts passage, approval and publication as provided by law. 1 Puget Sound Energy Franchise F.xtension 2013 PASSED by the City Counc�l the �� day of ��e�ib� 2013 � GREG EELER,Council President Approved this (�� day of �'V"��lJ�' ,2013 � PATTY LEN , ayor EST• APPROVED AS TO FORM SHANNON CORIN, City Clerk RO ER A LUBOVICH,City A o PUBLISHED the � day of dVe�Y!��f'' 2013 EFFECTIVE the day of �l�ei1�I P� ,2013 ORDINANCE NO o?07 PSE Acceptance on following page � 2 Puget Sound Ener�y Franchise Extenston 2013 CITY OF BREMEItTON �KITSAP COUNTY,STATE OF WASHINGTON In the matter of the applicat�on . of Puget Sound Energy, Inc,a Francluse Ordmance No 5226 Washmgton corporation,for a francluse to construct,operate (Extension of Francluse Ordinance No 4875 Term) and maintain facilities in,upon, over under, along,across and through the francluse area of the ACCEPTANCE City of Bremerton, Waslungton WHEREAS,on November 19, 2003,the Crty Counc�l of the City of Bremerton, Waslungton,granted a francluse to Puget Sound Energy,Inc,a Waslungton corporahon,its successors and assigns by passtng Ordmance No 4875, and WHEREAS,on November 6,2013,the City Council of the C�ty of Bremerton,passed Ordmance No 5226 to extend the term of the exishng francluse to Puget Sound Energy,Inc two years,from December 4, 2013 to November 30,2015,and WHEREAS,a copy of Ordinance No 5226 was received by the Puget Sound Energy, Inc from the C�ty of Bremerton on ,2013 NOW,THEREFORE,Puget Sound Energy, Inc, a Was}ungton corporahon,for itself,its successors and assigns,hereby accepts said ordmance and all the terms and condit�ons thereof, and files t}us,its wntten acceptance,wnth the Crty of Bremerton,IC�tsap County,Waslungton IN TESTIMONY WHEREOF Puget Sound Energy, Inc has caused th�s wntten Acceptance to be executed m its name by rts undersigned thereunto duly authonzed on tlus day of ,2013 PUGET SOUND ENERGY,INC. ATTEST By By Its Its Copy rece�ved for Crty of Bremerton on ,2013 By Shannon Conn,City Clerk R V.ega111.egal�F�les\Cwrent Act�ve Files�Ftanch�ses�PSE�PSE Franctuse Fxt�s�on 2013 docx 3 Puget Sound Energy Franehise Extension 2013 ORbINANCE NO.�,5 AN ORbINANCE granting Puget Sound Energy, Inc., a Washington corporation, the right, privilege, �authority and fi-anchise to set, erect, construct, support, attach, connect and stretch Facilities between, maintain, repair, reptace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpase for which energy can be used; and to chatge and collect to1Ls,rates and compensation for such energy and such uses. THE CITY COUNCIL OF TI-iE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTIDN 1, DEFINITIONS. 1.1 Where used in this franchise(the"Franchise")the following terms shall mean: l.l.l "PSE" means Puget Sound Energy,Inc.,a Washington corporation,and such successors and assigns as aze approved by the City pursuant to this Franchise Ordinance. 1.1.2 "City"means the City of Sremerton,a municipal corporation of the State of Washington, and its respective successors and assigns. 1.1.3 "Franchise Area" means any, every and all of the roads, streets, avenues, , alleys,highways,and public rights-of-way as now laid out,platted,dedicated or improved; and any, every and alI roads, streets, avenues, alleys,highways and public rights-of-way,that may hereafter be laid out,platted,dedicated or improved within the present limits of the City and as such limits may be hereafter extended. "Franchise azea"does not,however,include any other public property owned in whole or in part, leased or otherwise occupied by the City. 1.1.4 "Facilities"means poles(with or without crossazms),wires,lines, conduits, cables,commt�nicarion and signal lines,braces,guys, anchors,vaults and all necessary or convenient facilit�es atid appiutenances thereto whether the same be located over or under ground. 1.1.5 "Ordinance"means this Ordinance which sets forth the terms and conditions of this Franchise. SECTION.2. FACILITIES WITAIN FRANCHISE AREA. 2.1 Pursuant and subject to the City Charter,the City does hereby grant to PSE the right,privilege,authority and franchise to: 1 Pt�get Sound Energy Franchise � 2.1.1 Set, erect, conshvct, support,attach, connect and stretch Facilities between, maintain,repair,replace, enlazge, operate and use Facilities in,upon, over, under, along, across and through the Franchise Area for purposes of transmission,distribution and sale of energy for power,heat, light and any other purpose for which energy can be used;and 2.1.2 To charge and collect tolls,rates and compensation for such energy and such uses. 2.2 This Franchise does not allaw PSE the right to use the Franchise Area for any purpose other than the transmission,distribution and sale of electricity, or to install any facilities in the Franchise Area other than the Facilities described herein. 2.3 PSE shall comply with all applicable federat, state and local laws(including, but not limited to, the lawful exercise of the City's general police powers)in connection with the exercise of its rights under this Franchise. Notwithstanding the foregoing,this Franchise shall supersede,govern and control any ordinance,rule,plan,policy, resolution,regulation flr other directive of the City to the extent any such ordinance,rule,ptan,policy,resolution,regulation or other directive conflicts with, or is inconsistent with,the terms and conditions of this Franchise. 2.4 PSE's Facilities shall be maintained witlun the Franchise Area so as not to unreasonably interfere with the use of the Franchise Area by the City and by the general public and in accordance with the laws of the State of Washington and the City of Bremerton. 2.5 PSE shall obtain all nscessary permits and approvals from the City and all other agencies with jurisdiction and shall comply with all applicable City or state codes, rules, regalations, standaxds and procedures, as now or hereafter amended, to the same extent as any other person or entity doing business within the City, except as otherwise provided by this Franchise. SECTION 3. RESTORATION OF FRANCHISE AREA. 3.1 When PSE or any person acting on its behalf does any work in ar affecting the Franchise Area,it shall, at its own expense,promptly remove any obstructions therefrom and restore,to the City's reasonable satisfaction, such Franchise Area to as good a condition or better as existed before the work was undertaken,unless otherwise directed by the City. Itecorded survey monuments shall be restored in accordance with applicahle ordinances or laws. � 3.2 If weather or other conditions do not pemut the complete restoration required by this Section,PSE shall temporarily restore the Franchise Area. Such temporary restoration shall be at PSE's sole expense and PSE shall pmmptly undertake and complete the required permanent restoration when the weather or other conditions no longer grevent such permanent restoration. 3.3 PSE or other person acting in its behalf within the Franchise Area shall use suitable barricades, flags, flag persons, lights, flares, and other measures as required by applicable law for the safety of ali members of the general public. 2 Puget Sound Energy Franchise . _..�. . _ _.� --- -----� __ --�• y. ---- - .��._. 3.4 The Director of Public Works and Utilities,or designee, shall be responsible for inspecfiion and final approval of the condition of the Franchise Area following any conshuction and restoration activities therein, according to City engineering standards. 3.5 Except in the case of emergencies as determined by the City, cutting of pavement shall be prohibited a)in a newly constructed,reconstructed or resurfaced street for a period of five {5)years from the paving of such street,ar b)in a street where a trench was previously availabls due to canstzuction or other similaz activities, for a period of three(3)years from the date the trench was available when in each instance,PSE was given reasonable prior notice to perform work in the Franchise Area. The City may require that PSE facilities be�ocated within existing underground ducts or conduits wherever the capacity exists. Provided,however,the Directar of Public Works and Utilities,or designee,may in his or her discretion permit pot-holing(subject to conditions to alleviate the harmful effects)v�rhere conduit is to be placed underground by means of directional bori.ng and the person seeking permission has provided evidence satisfactory to the Director of Public Works and Utilities,or designee,that(a}such pot-holing is necessary to avoid interference with existing utilities;(b}such pot-holing is the only reasonable alternative available to iocate existing utilities and(c) such pot-holing will result in little or no visual or other detrimental impact to the street. 3.6 Any and all properiy in the Francluse Area that is disturbed or damaged during the construction, operation,repair or removal of any PSE Facility shall be promptty repaired by PSE. The property must be restored to the satisfaction of the City and to a condition as good as or better than, and for street and sidewalk cuts,to a condition as good as before the disturbance or damage occwred. 3.7 PSE shall repair as needed all property in the Francluse Area restored as a result of any activity pursuant to Section 3, (which may consist of curb, gutter, sidewalk,pavement,or ather restored appurtenances),in a condition as good as or better than,the condition of the adjacent undisturbed property in the Franchise Area to the extent such repair is required as a result of the restored azea being defective or otherwise inferior to the adjacent untouched or undisturbed area as a result of PSE's activities in the Franchise Area. SECTI'ON 4. RELOCATION OF FACILITIES. 4.1 Whenever the City causes a public right of way improvement to be undertaken within the Franchise Area,and such public right of way improvement requires the relocation of PSE's then existing Facilities within the Franchise Area(for purposes other than those described in paragraph 4.2 below),the City shall: 4.1.1 Provide PSE,within a reasonabie time prior to the commencement of such public right of way improvement, written notice requesting such relocation; and 4.1.2 Provide PSE with reasanable plans and specifications for such public right of way improvement. After receipt of such notice and such plans and specificadons,PSE shall relacate such Facilities within the Franchise Area at no charge to the City. If the City requires the subsequent relocation 3 Puget Sound Energy Franchise � af any Facilities within five(5)years from the date of relocation of such Facilities pursuant to this Section 4.1,the City shall bear the entire cost of such subsequent relocatian. As used in this SecHon 4,the term"public right of way improvement"includes an improvement identified in the City's six-year Transportation Improvement Program or the City's Capital Improvement Plan. 4.2 Whenever(i}any public or private development within the Franchise Area, other than a public right of way improvement,requires the relocation of PSE's Facilities within the Franchise Area to accommodate such development; or(ii)the City requires the relocation of PSE's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event,PSE shall have the right as a condition of such relocation,to require such developer,person or entity to make payment to PSE, at a time and upon terms acceptable to PSE, for any and all costs and expenses incurred by PSE in the relocation of PSE's Facilities. 4.3 Any condition or requirement imposed by the City upon any third party (including,without timitation,any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use,construction or development} which necessitates the relacation of PSE's Facilities within the Franchise Area shall be deemed a condition or requirement causing relocation of PSE's Facilities to occur subject to the provisions of Subsection 4.2 above;provided,however: 4.3.1 If the City reasonably determines, and notifies PSE in writing of such determination,that the primary purpose of imposing such condition or requirement upon such person or entity is to cause,on the City's behalf, a public street improvement within the Franchise Area,then relocation will be pursuant to Section 4.1 above. 4.4 Notiung in this Section 4"Relocation of Faciliries"shall require PSE to beaz any cost or expense in connecrion with the location or relocation of any Facilities then existing under benefit of easement or such other private property rights. 4.5 The conversion to underground service shall be pursuant to Section 12. SECTION S. IlVDEMIITIFICATION AND INSURANCE. 5.1 Indemnification. 5.1.1 PSE shall defend, indemnify,and hold the City,its afficers,offiicials, employees, agents and volunteers harmless from any and all claims,demands,injuries,damages, losses or suits,including all legal costs and at#orney fees,made against it on account of injury or damage to the person or property of another,to the extent such injury or damage results,or is alleged to result, from the negligent or intentional acts or omissions of PSE,its officers,officials, employees, agents and volunteers,in connection with the exercise of the rights granted to PSE in this Franchise, including,but not limited to,the construction,inspection,maintenance,or operation of PSE Facilities, or the placement or location of it's Facilities in the Franchise Area. In the event any such claim or demand is presented to or filed with the City,the City shall prvmptly norify PSE thereof. The City shall have the right at all times to participate through its own attomey in any suit or action which arises out of any right,privilege or authority granted by or exercised pursuant to this Franchise when the City determines that such participation is 4 Puget Sound Ene►gy Franch�se f �� . ... .. required to pmtect the interests of the City or the public. The cost of such additional City participation shall be borne by the City. PSE's obligation to indemnify the City shall not apply to any claim, demand,utjury,loss or suit that is caused by or arises out of the sole negligence of the City,its officers,off�cials,employees, agents and volunteers.Upon indemnification and defense of the City,PSE shall have the right, at its election and at its sole cost and expense,to settle and compromise such claim or demand,provided further,that in the event any suit or action be begun against the City based upon any such claim or demand,the City shall likewise promptly notify PSE thereof,and PSE shall have the right, at its election and sole cost and expense,to settle and compromise such suit or action,or defend the same at its sole cost and expense,by attorneys of its own election. 5.1.2 Inspection or acceptance by the City of any work performed pursuant to this Franchise in the Franchise Area by PSE,its agents, servants, contractors,officers, or employees, during or at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any li�igation or the institution of any litigation. 5.1.3 In the event that PSE refuses a tender of defense under subsection 5.1.1 above,and said refusal is subsequently determined by a court having jurisdiction(or such other tribunal that the parties shall agree to decide the matter),to have been a wrongful refusal on the part of the PSE,then PSE shall pay the City's reasonable attorneys' fees incurred in connection with the wrongful refusal of such tender(in addition to, and without limitation of, such other costs and expense as aze determined by such court or tribunal as being within the scope of subsection 5.1). 5.1.4 As to claims made pursuant to Section 5.1, such claims shall survive the expirarion or termination of this Franchise. 5.1.5 The Ci shall not be liable to PSE for an dama e to or loss caus ty y g ed by the City of any PSE Facilities within the Franchise Area as a result of or in connection with any public works,public itnprovements,construction, excavating,grading, filling, or other City work except to the extent such loss is ariributable to intentional acts or omissions or the gross negligence of the City;provided that in no event shall the City be responsible for consequential damages, including,but not limited to,lost profits or business interruption. 5.2 Insurance. 5.2.1 PSE shall maintain for the duration of this franchise,insurance or self insurance against claims for injuries to persons or damage to property that may arise from or in connection with the exercise of franchise rights by PSE,its agents,representatives, employees, contractors or volunteers. PSE shall provide and keep current a certificate of insurance evidencing commercial general liability insurance with limits no tess than$1,OOQ,000 combined single limit and$2,000,000 aggregate for personal injury,bodily injury and property damage. Coverage shall include blanket contractual,products/completed operations,broad form property damage,and explosion,collapse and underground(XC[�. The City,its officials, employees, agents and volunteers, shall be named as an additional insured, as respects work performed by or 5 Puget Sound Energy Franchise f on behalf of PSE,and a copy of the endorsement nazning the City as addi#ional insured shall be attached to the certificate of insurance. PSE's insurance shall be primary insurance as respects the City, and the City shall be given 30 calendar days prior written notice of any cancellation, suspension or material change in coverage. SECTION 6 MOVING BUILDINGS WITHIN THE FRANCHISE AREA. d.l If any person or entity obtains permission from the City to use the Franchise Area for the moving or removal of any building or other object,the City shall,prior to granting such permission,require such person or entity to make any necessary arrangements with PSE for the temporary adjustment of PSE's wires to accommodate the moving or removal of such building or other object. Such necessary arrangements with PSE shall be made,to PSE's reasonable satisfaction,not less than fourteen{14)days prior to the moving or removal of said building or other object.In such event,PSE shall at the expense of the person or entity desiring to move or remove such building or other abject, adjust any of its wires which may obstruct the moving or removal of such building or other object. SECTIDN 7. REVOCATION OF FRANCHISE. 7.l This Franchise may be revoked and all rights therein forfeited by the City if PSE shali fail to comply with the terms and conditians of this Franchise. Without limiting the generality of the foregoing,the Ciiy may initiate a proceeding to revoke this Franchise if it believes tha.t any one or more of the following actions by PSE constitute a breach of this Franchise: 7.1.1 Construction or operation of Facilities in the Franchise Area without a franchise, in a manner that is inconsistent with this Franchise; 7.1.2 Conshuction or operation of Facilities in the Franchise Area at an unauthorized location within the Franchise Area so as to be inconsistent with this Franchise; 7.1.3 Unauthorized assigizment of this Franchise by PSE,in a manner that is inconsistent with ttus Franchise; 7.1.4 Material misrepresentation of fact by or on behalf of PSE upon which the City relies in making a decision to grant,review or amend this Franchise; 7.1.5 Abandonment of Facilities in the Franchise Area, in a manner that is inconsistent with this Franchise; 7.1.5 Failure to relocate Facilities in accordance with this Franchise;or 7.1.7 Violation of any other material provision of this Franchise. 7.2 In the event that the City believes that grounds exist for revocation of the Franchise,PSE sha11 be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or 6 Puget Sound EnerB;y Frnnchise f noncompliance,and providing PSE a reasonable period of time not exceeding thiriy(30)days to furnish evidence: 7.2.I That corrective action has been, or is being actively and expeditiously pursued,to remedy the violation or noncompliance; or 7.2.2 That rebuts the alleged violation or noncompliance; 7.3 In the event that PSE fails to provide evidence reasonably satisfactory to the City as provided in Subsection 7.2 above,the City sha11 refer the appazent violation or non- compliance to the City Council. The City Council shall provide PSE with notice and a reasonable opportunity to be heard conceming the matter. 7.4 If the City Council detemnines that PSE willfully violated or failed to comply with the terms and condi�ions of this Franchise through willful misconduct or gross negligence or failed to heed or comply with any notice given PSE by the City under the provisions of this Franchise,then upon order of the City Council,this Franchise may be revoked and all rights therein forfeited. 7.5 The foregoing provisions of subsections 7.1 through 7.4(pertaining to certain remedies afforded the City in the event of a breach of this Franchise by PSE) are in addition to, and not a limitation of, any and a11 right and remedies afforded a party in the event of a default by the other party. Withaut limiting the generality of the foregaing,if a party shall be in default of its obligations under this Franchise,the other party may secure an order of specific enforcement of the defaulting party's obligations under this Franchise from the Superior Court. SECTION 8. NONEXCLUSIVE FRANCHISE. 8.1 This Franchise is not and shall not be deemed to be an exclusive Franchise. This Franchise shall not in any manner prohibit the City from granting other and further&anchises over,upon, and along the Franchise Area which do not interfere with PSE's rights under this Franchise.This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. SECTION 9. FRANCHISE TERM. 4.1 This Franchise is and shall rernain in full force and effect for a period of ten{10) years from and after the effective date of the Ordinance,provided,however,PSE shall have no rights under this Franchise nor shall PSE be bound by the terms and conditions of this Franchise unless PSE shall,within sixty(60)days after the effective date of the Ordinance, file with the City its written acceptance of the Ordinance. SECTION 10. ASSIGNMENT. 10.1 This Franchise may not,directly or indirectly,be transferred, assigned or disposed of in any manner by PSE except as provided by RCW 80.12.Q20(collectively,"Assignment") 7 Puget Sound Energy Franchise . 10.2 Without limiting the generality of the foregaing and to the extent consistent with applicable law,an assignment,in whole or in part,shall be subject to the City's prior written consent,which shall not be unreasonably withheld. Natwithstanding the foregoing,the City hereby consents to PSE's mortgage of this Franchise to the trustee for its bondholders. SECTION Il. HERBICIDES. 11.1 PSE shall not apply any herbicide within the Franchise Area without providing the City fourteen(14)days prior written notice of such application,unless the parties agree to a different term, or the City gives a blanket approval as part af a peziodic program of spraying. FSE shall post the relevant portion of the Franchise Area at least 8 days prior to any spraying with notice of intended spraying. Nothing herein is intended or shall be construed to relieve PSE of any and all other requirements of applicable law relating to the application of herbicides. SECTIDN 12. UNDERGROUND AND NEW INSTALLATION OF DISTRIBUTION FACILITIES. 12.1 The City may by written notice to PSE,request PSE to underground its existing distribution Facilities (of 15,000 volts or less}within the Franctuse Area improved by the City; provided.,that such conversion of PSE's existing Facilities shall be accornplished in accordance with PSE's applicable schedules and tariffs on file with the Washington Utilities and Transportation Commission or its successor,more specifically as applicable,UTC Tariff G, Schedule 74 as enacted and hereix�after amended. 12.2 If PSE elects to install new overhead distribution Facilities(of 15,000 volts or less)within the Franchise Area or a new extension of existing overhead d.istribution Facilities within the Franchise Area, PSE will provide written notice to the City.The City may by written notice to PSE,request FSE to install such Faciliries underground within the Franchise Area; provided,that such installation underground of PSE's Faci�ities sha11 be accomplished in accordance with PSE's applicable schedules and tariffs on file with the Washington Utilities and Transportatian Commission or its successor,more specifically as applicable,PSE Electric Tariff G, Schedule 74 as enacted and hereinafter amended. 12.3 PSE shall submit design drawings of all underground installations showing the location of all existing utilities using best available information with proposed clearances within the right of way to the City Engineer for City review. Upon completion of construcrion of such underground installation,PSE shall,within thirty{30)days,submit as-built drawings to the City i Engineer for City records. SECTION 13. RIGHT OF CITY TO USE PSE'S POLES. 13.1 During the term of this Francluse,the City may, subject to PSE's prior written consent which shall not be unreasonably withheld,install and maintain City-awned overhead wires for traffic signalization and non-commercial City communication systems(including,but not limited to,data,phone and video) and may install and maintain City-owned street lights upon FSE's poles located within the Franchise Area without chazge. The foregoing rights of the City to install and maintain such wires, and street lights aze further subject to the following: 8 Puget Sound Energy Franch�se f 13.1.1 The City shall perform such insEallation aad maintenance at its sole risk and expense in accordance with all applicable laws and in accordance with such reasonable terms and conditions as PSE may specify SECTIDN 14. RECORDS OF IN3TALLATiON. 14.1. PSE shall provide the City,upon the City's reasonable rec}uest,copies of available drawings in use by PSE showing the location of its Facilities within the Franchise Area. As to any such drawings so provided,PSE does not warrant the accuracy thereof and,to the ex#ent the location of Facilities are shown,such Facilitaes are shown in their approximate location. With respect to any excavations within the Franchise Axea undertaken by or on behalf of PSE or the City,nothing herein is intended(nor shall be construed)to relieve either party of their respective obligations arising under applicable law with respect to determining the Iocation of utility " facilities. SECTION 1 S. STREET LIGHTING. 15.1 PSE shall provide street lighting services as requested by the City in accordance with applicable schedules and tariffs now on file or hereafter amended with the Washington Utilities and Transportation Commission(or such other regulatory agency having jurisdiction). Additionally,PSE shall provide proper maintenance and prompt customer service to the City with respect to the providing of street lighting service to the City. 15.2 The City reserves the right to install and maintain street lights on PSE poles pursuant to Section 13.No reasonable request by the City for City installation of City-owned street lights will be denied by PSE. 15.3 The City reserves the right to purchase any and all street light systems on PSE poles for market value to be negotiated by the parties. 15.4 By March 1 of each year, PSE shall provide to the City a cturent inventory of all street lighting fixtures showing all additions and deletions together with updated utility maps showing the location of each PSE-owned street light for which the City is responsible for payment. SECTION.16. FRANCffiSE FEE. 16.1 The parties understand that the restrictions of RCW 35.21.8b0 forbid the imposition of a franchise fee. If at any time the restrictions of this statute should be removed or modified,the City may seek to amend this Franchise in accordance with Subsectian 22.2 below. SECTION 17. CHARGE FOR ADNII1vISTRATIVE COSTS. 17.1 As provided in RCW 35.21.860,the City may recover from PSE actual administrative expenses incurted by the City that are directly related to:(i)receiving and 9 Puget Sound Energy Franchise . approving a permit, license or this Franchise, (ii)inspecti.ng plans and construction,or(iii) preparing a detailed statement pursuant to Chapter 43.21C RCW. SECTION 18. RIGHTS GRANTED. 18.1 No authorization granted under this Ordinance shall convey any right,title or interest in the public ways,but shall be deemed an authorization only to use and occupy the public ways in accordance with RCW 80.32.010. Further,this Ordinance shall not be conshved as any warranty of title. SECTION 19. REPAIR AND EMERGENCY WORK. 19.1 In the event of an unexpected repair or emergency within the Franchise Area for which a permit has not been obtained in accordance with Bremerton Municipal Code(BMC) as now or hereafter amended and which such work is not otherwise within the scope of the exemption authorized by the BMC,PSE may commence such repair and emergency response work as required under the circumstances,provided PSE shall notify the City as promptly as possibie,before such repair or emergency work commences or as soon thereafter as passible if advance notice is not practicabte. The provisions of this section do not relieve PSE from the reguirement to obtain permits and approvals from the City and all other agencies with jurisdiction as set forth is Section 2.6. SECTIOIY l0. MAINTENANCE OF FACILITIES. _ 20.1 PSE shall ma.intain its Facilities within the Franchise Area in a manner that complies with all applicable federal,state and local requirements. Additionally,PSE shall provide reasonable maintenance of PSE Facilities,including poles,to prevent deterioration of equipment and service and provide prompt customer response to both the City and the public with respect ta deficiencies or failure of Facilities in providing such service. 20.2 Nuisance poles and other Facilities shall be defined, identified and further shall be removed,replaced,relocatetl or otherwise remedied pursuaut to BMC 11.02.270 as currently enacted and as hereinafter amended. 20.3 Replacement of PSE Facilities shall not constitute a requirement that the City upgrade its existing attached equipment or facilities provided transfer of such existing ec�uipment or facilities may be reasonably accommodated on PSE's new FaciIity. SECTI4N21. SHARED USE OF EXCAVATIONS. 2 t.1 Shazed use of excavations shall be pursuant to BMC 11.02.170 as currently enacted or as hereinafter amended. 10 Puget Sound Energy Franchise f SECTION 22. HEADINGS. 22.1 The headings of sections and paragraphs of this Franchise are for convenience of reference only and are not intended to restrict,ai�'ect or be of any weight in the interpretation or construction of the provisions of such sections or pazagraphs. SECTION23. AMENDMENTS. 23.1 Except as provided in this paragraph 23.1,this Franchise may be amended only by written instrument, signed by both parties,w}uch specifically states that it is an amendment to this Franchise and is appraved and executed in accordance with the laws of the State af Waslungton. Without limiting the generality of the foregoing,this Franchise(including,without limitation, Section 5.1 above}shall govern and supersede and shall not be changed,madified, deleted, added to, supplemented or otherwise amended by any permit, approval,license, agreement or other document required by or obtained from the City in conjunction with the exercise(or failure to exercise}by PSE of any and all rights,benefits,privileges,obligations or duties in and under this Franchise,unless such permit, approval, license, agreement or other document specifically: 23.1.1 references this Franchise; and 23.1.2 states that it supersedes this Franchise to the extent it contains terms and conditions which change,modify,delete,add to, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document,the provisions of this Franchise shall control. SECTION 24. TARIFFS. 24.1 This Franchise is subject to the provisions of any applicable tariff now or hereafter on file with the Washington Utitities and Transportation Commission or its successor, as construed by any court with jurisdiction on appeal or otherwise. In the event of any conflict or inconsistency between the provisions of this Franchise and such tariff,the pmvisions of such taxiff shall control. 24.1.1 All notices of proposed applicable tariff adjushnents,changes, alterations, and additions filed with the Washington Utilities and Transportation Commission by PSE shall be mailed concurrently to the City of Bremerton,to the attention of the Director of Public Works and Utilities. SECTION l5. PRIOR FRANCHISE SUPERCEDED. 25.1 This Franchise shall supercede all prior franchises granted to PSE or its predecessors by the City. 11 Puget Sound Energy Franch�se � SECTION Z6 SEVERABILITY. 26.1 If any one or more sections, subsections,or sentences of this Ordinance are held to be unconstitutional ar invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTIDN 27. EFFECTIVE DATE. 27.1 This ordinance shall take effect and be in force ten(10)days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the�-�day of ,2003 PASSED by the City Council the day of ,2003 �� CAROL ARENDS, Council President Approved this 2� day of N�� 2003 , , r . CARY BOZE ,Mayor ATTEST: APPROVED AS TO FORM: HLEE S Y, ty Cl k R GER A. LUBOVICH,Ci PUBLISHED tbe��day of 2003 EFFECTIVE the��_day of 2003 ORDINANCE NO. �f 7� 12 Puget Sound Energy Franchise . CITY COUNCIL CITY OF BREMERTON,WASHINGTON In the matter of the application . of Puget Sound Energy,Inc., a . Franchise Ordinance No.4875 Washington corporation,for a . franchise to construct,operate . and tnaintain facilities in,upon, : over under,along,across and . through the francluse area of the . ACCEPTANCE City of Bremerton, . Washington . WHEREAS,the City Council of the City of Bremerton, Washington,has granted a franchise to Puget Sound Energy,lnc.,a Washington corporation,its successors and assigns,by enacting Ordinance No.4875,bearing the date of November 19,2003;and WHEREAS,a copy of said Ordinance granting said franchise was received by the Puget Sound Energy,Inc. on ,2003, from said City of Bremerton,Kitsap County, Washington. NOW,THEREF4RE,Puget Sound Energy,Inc.,a Washington corporation,for itself,its successors and assigns,hereby accepts said Ordinance and ali the terms and conditions thereof, and files this,its written acceptance,with the City of Bremerton,Kitsap County,Washington. IN TESTIMONY WHEREOF said Puget Sound Energy,Inc.has caused this written Acceptance to be executed in its name by its undersigned thereunto duly authorized on this day of ,2003. ATTEST: PUGET SOUND ENERGY,INC. By: Its: Copy received for City of Bremerton an ,2003 By: Kathleen McCluskey,City Clerk R:ILEGAL10rdinanceslPSB Franchisel.11OC 13 Puget Souad Energy Franchase . AF'�IDAV1T OF PUBLICATION County of Kitsap,State of Washington No. l00083520 I,Valerie Zoller,being first duly sworn on oath,deposes and says: That she is now,and ai all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of TI�Si]N;that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap,in which County it is published and is now and has been for more than six months prior to the da[e of the publication hereinafter referred to,published in the English language continually as a daily newspaper in Bremerton,Kitsap County,Washington,and is now and during aIl of said time, � was printed in an office maintained in the aforesaid place of pubiication of said newsgaper;that the following is a true text of a legal advertisement as it was published in regular issues(and not in supple�r►ent form)of said newspaper on the following dates,to wit:November 25,2003 and that such newspaper was regulazly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publication is the sum of$44.44 amount has not been paid in full. �� • ; � , � (Signature of Principal Clerk) AWN �" Subscribed and sworn to before me this day of December 1,2003 ��iss��Y�� ; �or,�,� �• * �". . , c� • A . �. • � ��C ; Notary Public in and for the State of Washington,Kitsap County. O,c'3�"�6�Or� � �'ASKING� ORDINANCE NO.4875' AN ORDINANCE granting Puget Sound Energy,Inc.,a Washington corporation,the right,privilege, authority and franchise to set,erect,construct,support,attach,connect and stretch Facilities between, maintain,repair,replace,enlarge,operate and use Facilities in,upon,over,under,along,across and through the Franchise Area for purposed of transmission,distribution and sale of energy for power,heat, light and any other purpose for which energy can be used;and to charge and collect tolis,rates and compensation for such energy and such used.- APPROVED by the City Council the 12th day of November,2003' PASSED by the City Council the 19th day of November,2003- The full text of this ordinance is available from the City Clerk's Office,239 Fourth Street,Bremerton, WA 98337.' November 2S,2003• • #100083524- � S � . � 6�� o��e of tne c�ty atto�ey Ifoger A. Lubovich,City Attomey Te!360-473-2345 Fax 360-473-5161 239 4th Street Bremerton,WA 98337 February 18, 2005 Linda Streissguth Puget Sound Energy 22884 Ryen Drive NW Poulsbo,WA 98370 RE: Franchise Agreement Dear Linda: It has been brought to my attention that the franchise agreement granted to PSE has two scrivener errors. The first error is contained in"Section 16 Franchise Fee." The reference to"Subsection 22.2 below" should be changed to"Subsection 23.1 below." The second error is contained in"Section 19 Repair and Emergency Work." The reference to"Section 2.6" should be changed to"Section 2.5." You and I previously discussed acknowledging the corrections without a formal amendment of the Franchise since the enors are typographical and not substantive in nature. If you agree,please sign below and return this letter to me for inclusion in the City's Franchise file. _� 1�..___._,_, � /� � �_ ._-�_--- , ( /� , i �,. , -- - � � • -- ��.� ,:�- � oger A. Lu ich • �" � nda Streissguth City Attorney RAL:tvs ' , CTTY COUNCIL CITY OF BREMERTON,WASHINGTON In the matter of the application . of Puget Sound Energy,Inc.,a . Franchise Ordinance No.4875 Washington corporatian,for a . franchise to construct,operate . atid ma�ntain facalities in,upon, . over under,along,across and . through the franchise area of the . ACCEPTANCE City of Bremerton; . Weshington . Vi�IEREAS,the City Council of the City of Bremeaton, Washington,hss granted a franchise to Puget Sound Energy,Inc.,a Washington corporation,its successors and assigns,by enacting Ordinance No.4875,bearing the date of November 19,2003;and VVHEREAS,a copy of said Ordinance granting said fianchise was received by the Puget Sound Energy,Inc. on �� i 2--}�- ,2003,from said City of Bremerton,Kitsap County,Washington NOW,THEREFORE,Puget Sound Energy,Inc.,a Washington corporation,fot itself,its successors and assigns,hereby accepts said Ordinance and all the terms and cond'ations thereof, and files this,its written acceptance,with the City of Bremerton,Kitsap County,Washington. IN TESTIMONY WHEREOF said Puget Sound Energy,Inc.has caused tfl�is written Acceptance to be executed in its name by its undersigned m Gl�-IL $ u� YVta t�, thereunto duly authorized on this��-day of �e m bc r� 2003. ATTEST: PUGET SOUND ENERGY,INC. By: , Attest: i�• �ee a2 �Wi�ti �Seu.cc� . Copy ceived for City of Bremerton " on 2003 By: , Ka een McCI ey,City Clerk RU.EGAL10rd�aaslPSE F�cbiseLDOC 13 Puget Sowed Energy Franchise AGENDA BILL CITY OF BREMERTON � CITY COUNCIL SUBJECT: Public Hearing and adoption of Study Session Date: Nov. 10, 2015 Resolution No. 3253 approving the 2016- COUNCIL MEETING Date: Nov. 18 & 23, 2015 2020 Kitsap County/City of Bremerton Department: DCD-Block Grant Regional Consortium Plan. Presenter: Sarah Achaoui Phone: 306-473-5375 SUMMARY: On July 15, 2015, City Council approved the 2015 Work Program for the 2016-2020 Consolidated Plan. In compliance with the U.S. Department of Housing and Urban Development (HUD) regulations (24 CFR Part 91), the Consolidated Plan is adopted and submitted every five years. The City of Bremerton and Kitsap County entitlement grant programs, consisting of CDBG and HOME funds, implement this plan as a consortium. The Plan is prerequisite to receiving federal funds and also serves as the City's application to HUD for such funds. The current plan will expire on December 31, 2015. ATTACHMENTS: 1. Staff Memo 2. Resolution No. 3253 with Exhibits � � Exhibit A: City of Bremerton Community Development Block Grant Consolidated Plan and One Year Action Plan FISCAL IMPACTS (Include Budgeted Amount): None. Block Grant is pass-through funding from the Department of Housing and Urban Development and these recommended sub-recipient grants are paid 100% through the City's CDBG and HOME grants. Administrative costs associated with the program, most of which are covered by the HUD grants, are approved in the Policy Plan and in the City's budget process. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION: Motion for November 18: Move to continue the Public Hearing to the City Council Special Meeting scheduled for November 23, 2015 at 5:30 p.m. Motion for November 23: Move to adopt Resolution No.3253 approving the 2016-2020 Kitsap County and City of Bremerton Consortium Consolidated Plan. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 j; r�"'�� `� ...�� ; � DEPARTMENT OF i �` `. __—;�y:-�__..— ----- '��r'..�' - I �, ��`�' , � COMMUNYTY DEVELAPMENT ; . � i � t'_9 x�- ti« � I I� '��r;� L� � � , �'_"'�•. ; '-_';�-_= ' � �-.�:��. �: � MEMORANDUM �f -- - - - -- ---- --- �J L--=---------_ ------------ -----_ To: Bremerton City Council From: Sarah Achaoui,CDBGIHOME Administrator Date: November 10,2015 Re: 2016-2020 Kitsap Counry and City of Bremerton Consortum Consolidated Plan In compliance with the U.S. Department of Housing and Urban Development(HUD)regulations(24 CFR Part 91),the Consolidated Plan is adopted and submitted every five years.The City of Bremerton and Kitsap County entitlement grant programs,consisting of Communiry Block Grant(CDBG)and HOME Investment Partnership (HOME)funds,implement this plan as a consortium.The Plan is a prerequisite to receiving federal funds and atso serves as the City's application to HUD for such funds.The current plan will expire on December 31,2015. The City of Bremerton and Kitsap County Block Grant Programs began a joint planning process in mid-2014 to update the Consolidated Plan.The Consolidated Plan is an overall strategy for housing and communiry development addressing the needs of primarily low-and moderate income persons in Kitsap County and the City of Bremerton.The Plan further guides the City in its consideration and prioritization in allocation of the money. The 2016-2020 Consolidated Plan includes a Community Needs Assessment, Housing Market Analysis and Strategic Plan.The planning process involved the assessment of current housing and population needs through the analysis of available data;public meetings;an online survey;and consultations with service providers and key stakeholders. On July 18`�',2015 the City Council approved the 2015 woric plan for the 2016-2020 Consolidated Plan which outlines the strategy for prioritization,and target areas for allocation of funds. On September 2,2015,the Ciry Council approved the 2016 CDBG/HOME Policy Plan which outlined the funding allocation process and included CDBG rules and regulations.The Policy Plan also allocated funding for CDBG and HOME Administration,CDBG and HOME funds for the City's HOME program priorities and targeted 10%of the available capital funding for economic development projects. The 2016-2020 Consolidated Plan is currently available for your review and can be found on the City's website at:http://www.ci.bremerton.wa.us/209/Consolidated-Planninq.The document will remain in draft form until adopted by the Bremerton Ciry Council,and the Kitsap Counry Board of Commissioners. As part of the public outreach associated with the development of this plan,notice of availability was published in the Kitsap Sun and posted on the City website.This process finalized a 30�ay public comment period.Any public comments received will be addressed in the final document. A public hearing will be held at the November 18"'meeting of the Bremerton City Council for adoption of the Plan. The Plan will then be submitted to HUD for final approval before taking effect January 1,2016. Should you have any questions or concerns regarding any of these items please do not hesitate to contact Sarah Achaoui at(360)473-5375. RESOLUTION NO. 3253 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2016-2020 Consolidated Plan. WHEREAS, the City of Bremerton receives a Community Development Block Grant(CDBG) entitlement each year from the Department of Housing and Urban Development (HUD), and also receives funding from HUD's Home Investment Partnerships (HOME) fund via an inter-local agreement with Kitsap County; and WHEREAS, the City of Bremerton and Kitsap County's current plan for federal grant allocations will expire December 31, 2015; and WHEREAS, the City of Bremerton is required to establish a Consolidated Plan for the City's management of its HUD entitlement, including a Housing Market Analysis, a Community Needs Assessment, a Strategic Plan, an Annual Action Plan, as well as outlining the citizen participation plan, priority needs, and annual goals; and WHEREAS, statistical data for consolidated planning activities for the City and County is drawn from the same source and has been developed cooperatively with County and City CDBG staff; and WHEREAS, in order to continue receiving HUD federal grants through the HOME and CDBG programs, the City is required to adopt a five-year Consolidated Plan outlining priorities, needs, ways and means of funding priorities; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The Department of Housing and Urban Development mandated Five-Year Consolidated Plan (Consolidated Plan) outlining priorities, needs, ways and means is hereby adopted by the City of Bremerton. The Consolidated Plan is attached hereto as Exhibit A and incorporated herein by reference. SECTION3. The Consolidated Plan, which has been developed as a consortium between the City of Bremerton and Kitsap County, is hereby made the basis of funding priorities for the forthcoming period 2016-2020. 1 2016-2020 HUD Consolidated Plan SECTION 4. Pursuant to the existing inter-local agreement, the Consolidated Plan will continue to operate utilizing Kitsap County as the lead agency for HOME funds. CDBG funds given separately to the City and County will be administered by each respective Participating Jurisdiction. SECTION S. The Consolidated Plan does not bind either the City or the County to following the lead of the other in allocations and spending,but does serve as a guide of mutual benefit in providing services and initiatives beneficial to the low-income communities served. SECTION 6. Severabilitv. 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 7. E%fective 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 , 2015. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH,City Attorney SHANNON CORIN,City Clerk Exhibit A: City of Bremerton CDBG Consolidated Plan-The Ci�y of Bremerton's Component of t�ie Kitsap Coi�nty/City of Bremerton Consortium Consoli�iated Plaii 2 2016-2020 HUD Consolidated Plan � i ' ' � � � ' ' � � ' i � . � 1 � . ' � � � � . . � � � . . . . . . . .. . .. . . , . . . . .. -. • . �.,,�.Y,aC .F ... - ' ''T'y�'Yl- :�� c''k��•: R`-`cs+�,k }!o.. . , .-'i�� -3.��+,J„��f`�r. �, � +Fb.. . �: � l — �'�. i '�"`V. "� .n. r�� c�-t�r^�"�' �.r�: "� t '�' x �;r,. `��:�� . �.� Y '� "��'lf---"—=i,��, �� .� -� .�„-��1 r- `Z"w�' +;q, � -.,�"' ` r :� j�y' '.-�LS __�.i .'� �L�,d.�`"t-c?` '�'�' �; q�y,�� ,� ;-�:: ^� � 1L �`�� I� �-�, `.�• � t�a�^.m�� I i11 "�}':� ��.-� �`�Vr'—�Cr� ��.J �'� , ��p 'R� ' � � - ,►� . . ' T .T[��..�� . ,��+ ylf N ��: �y: it-� � `/?l4!4y �� 1��_ ,.�+�� ' " �,JoY. � ' i' c, .l.x';� �- S,� • '`a. ��K_x� �+�,°'�.� � "� �. ��: -� '_� }-�'"`,Q ��r�- w� O " ��^ �JZ �iPi�.-r�iiv� . �-'r�'`�'"'-„�lF. � .'�'�,�;�ei5` j-��r.'._�' �� , � i ;j"_)�~��*#�,� l 'w�`+.�1� { . __�� .�U�.i� ��._� ' -r� `�° �1'i�.. �� `,' ��: � �.,- '�� S�ni� � } _ - ' � J_ 3�Ir ry _�- �' L��'' � +�" �� tiy `� �.��-,�. -s.,�_ . "_. � 3. .. ',,;� 'a`� � .,�tt'�'��.. ^ ,r�_". * r I t _.i� .sa?�r��`�'�r .r;i ,S '� / ,F�(� �y„ - _��. , . � -' � � � ��,r'`�`.�• � 1 -� ��_ r � X +�_ � � � � —� � . Jf� � �� . ' '.�' : , �/., f•� /= -'� ' .. f + !� l •�I (� � ' f� t ; ,..-..�.^�► �Sm� , � • �. •� ' • • . �. � � � Executive Summary ES-OS Executive Summary- 91.200(c), 91.220(b) 1. Introduction The City of Bremerton,Washington is an entitlement community participating in the Kitsap County HOME Consortium. Because of this,the City of Bremerton has participated in the preparation of the Regional Consolidated Plan in order to implement our community's federal program funds from the U.S. Department of Housing and Urban Development(HUD).These funds are Community Development Block Grant(CDBG)and HOME Investment Partnership Program (HOME).This plan is for the period of January 1, 2016 to December 31, 2020.The City of Bremerton receives a direct CDBG allocation,and works in partnership with the Kitsap County Consortium to administer HOME funds.The City of Bremerton receives its share of HOME funds based on a percentage allocation determined by HUD. The Consolidated Plan follows requirements of the U.S. Department of Housing and Urban Development (HUD),and uses HUD's format and data tables required for plans adopted after November 15, 2012.The purpose of this plan is to evaluate community needs and set goals for the five year plan period.Through a Community Needs Assessment, Housing Market Analysis and with community input,the City of Bremerton has developed a Strategic Plan.The Strategic Plan outlines the priorities and goals which guide the allocation of funds over the five year period.The City will develop an Action Plan annual which will include projects awarded funds through an annual application process.These projects will address the priorities and goals over the 5-year period. 2. Summary of the objectives and outcomes identified in the Plan Community Development Block Grant(CDBG)and HOME Investment Partnership Program(HOME) funds will be used over the next five years to address the needs outlined in the Strategic Plan. HUD's objectives guiding the proposed activities are: • Provide decent affordable housing; • Create suitable living environments;and • Create economic opportunities The following are the priorities and goals outlined in the Strategic Plan portion of this document.These will guide the investment of CDBG and HOME funds in the City of Bremerton. While ending homelessness is still a priority in the City, projects that address homelessness will be funded from Homeless Housing Grant funds and will not be a high priority for CDBG and HOME funds. Objectives and strategies to reduce and eliminate homelessness are included in the Kitsap County Homeless Housing Plan and referenced in the Consolidated Plan. Homeless sections of this plan were completed with information from the Homeless Housing Plan update in 2015. Consolidated Plan BREMERTON 2 OMB Control No.2506-0117(exp.07/31/2015) 3. Evatuation of past performance The City of Bremerton has continued to work collaboratively with Kitsap County to use CDBG and HOME funds in the most efficient way possible. Funds declined significantly over the past five year period, which resulted in fewer people being served in the community. Production of new housing units has slowed and the allocation of funds has resulted in some difficult choices.Although the previous 5-year Strategic Plan anticipated a small decrease in funding levels,the unforeseen federal entitlement program funding cuts resulted in a challenging five year period. However,the City of Bremerton has implemented the strategies of the 2011-2015 Consolidated Plan. Past accomplishments include: • Provided funding for construction of 45 new units of rental housing and 14 new units of homeownership housing; • Funded the rehabilitation of 447 units of rental housing; • Provided 45 homebuyers with assistance to purchase homes; • Weatherized and provided minor home repair to 90 households; • Provided funds for rehabilitation of 41 single-family homes; • Provided food and services to over 8,000 individuals annually; • Provided microenterprise and small business development assistance to 491 individuals;and • Funded four public facilities. 4. Summary of citizen participation process and consultation process Development of this plan is the result of evaluation of information and data from a variety of sources, including the preparation of a Community Needs Assessment and Housing Market Analysis, consultations with local municipalities and agencies, an online survey,community meetings and public hearings. Homeless sections of the Consolidated Plan were completed with information developed during the update of the Homeless Housing Plan undertaken in 2015.All of the input received from the outreach conducted in 2015 has been considered and incorporated into the priorities and goals for the plan.All public comments received during public comment periods will be addressed and included in the final Consolidated Plan before submission to HUD. 5. Summary of public comments One citizen comment was received during the 15-day open public comment period in August.The comment is that"we need to encourage more business and industry and reduce the requirements on buildings and development.We should work with the state to create tax free zones for light industry. This will create the jobs we need and lift people out of poverty. If we stimulate our economy there will be more tax dollars to take care of the elderly and disabled." Consolidated Plan BREMERTON 3 OMB Control No.2506-0117(exp.07/31/2015) 6. Summary of comments or views not accepted and the reasons for not accepting them All comments and views were accepted Consolidated Plan BREMERTON 4 OMB Control No:2506-0117(exp.07/31/2015) The Process PR-05 Lead & Responsible Agencies - 91.200(b� 1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency BREMERTON CDBG Administrator BREMERTON HOME Administrator BREMERTON Table 1—Responsible Agencies Narrative Kitsap County is the lead entity for the Consolidated Plan.The City of Bremerton administers their own CDBG funds and prepares their own Action Plan.The Kitsap County Block Grant Program,as part of the Department of Human Services, is responsible for the administration of County CDBG and HOME funds. The City of Bremerton administers their CDBG funds and share of HOME funds through the City's Department of Community Development.The Bremerton City Council holds public hearings and provides policy direction for CDBG funds and the City's portion of HOME funds. Consolidated Plan Public Contact Information Sarah Achaoui,CDBG Administrator 345 6th Street,Suite 600 Bremerton,WA 98337-1873 Phone:360-473-5375 Email:sarah.achaoui@ci.bremerton.wa.us Consolidated Plan BREMERTON 5 OMB Control No:2506-0117(exp.07/31/2015) PR-10 Consultation - 91.100, 91.200(b), 91.215(I) 1. Introduction Information about CDBG and HOME funds, including information about the annual RFP cycle, CAPER, Action Plan and Consolidated Plan, is posted to the City of Bremerton CDBG program site.All subscribers of the City of Bremerton Electronic Notification System receive notice whenever new information is posted to the City of Bremerton website, including notification of public meetings and hearings. Notices of public hearings are also published in the local paper of record.The City encourages involvement by low and moderate income households, minorities and non-English speaking persons, as well as persons with disabilities. Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies(91.215(I)). The City of Bremerton has sought to enhance coordination through participation in the Coordinated Grant Application for use of HOME funds and a portion of the Affordable Housing Grant Funds and Homeless Housing Grant funds are given to agencies operating within the Bremerton City limits. In addition, information and goals from the Homeless Housing Plan have been incorporated into the Consolidated Plan. Input from all area housing providers, health, mental health,and service agencies was sought and included in the formation of goals and priorities for this plan. Because the City is changing the direction of the use of CDBG funds to a more targeted approach there was great effort placed in outreach and transparency to encourage public involvement in every step of the way.The City held public hearings where public testimonial was taken. The City of Bremerton continues to work with the Bremerton Housing Authority to prioritize housing needs and services, and maximize the use of federal, state and local funds. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons(particularly chronically homeless individuals and families,families with children,veterans,and unaccompanied youth)and persons at risk of homelessness Kitsap County Continuum of Care Coalition (CoCC) is an active and engaged coalition of inember agencies serving the needs of the homeless in Kitsap County.The mission of the CoCC is to work together to help homeless individuals and families achieve self-sufficiency.The CoCC meets monthly to discuss and share information on housing, prevention of homelessness, restoration of homeless individuals and families to stable living environments,and to promote community awareness of homelessness through education, legislative advocacy, mutual support and the sharing of resources.The CoCC members work closely with staff from Kitsap County Dept. of Human Services to address issues such as unsheltered homeless and veterans homeless. Staff from the Homeless Housing Grant Program Consolidated Plan BREMERTON 6 OMB Control No:2506-0117(exp 07/31/2015) is actively engaged with the CoCC and member agencies are participating in the Homeless Housing Plan update and priorities for these funds. Describe consultation with the Continuum(s)of Care that serves the jurisdiction's area in determining how to allocate ESG funds,develop performance standards and evaluate outcomes,and develop funding,policies and procedures for the administration of HMIS Kitsap County does not receive a direct allocation of ESG funds. Kitsap County is part of the Balance of - State and receives ESG through the Balance of State process each year. Kitsap County has fully implemented the Homeless Management Information System(HMIS) including full data sharing. � Agencies that receive funding through the Coordinated Grant Application process for homeless projects ' are required to report in HMIS. 2. Describe Agencies,groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities Consolidated Plan BREMERTON 7 OMB Control No•�506-0117(exp.07/31/2015) Table 2—Agencies,groups,organizations who participated , 1 Agency/Group/Organization KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY Agency/Group/Organization Type Housing PHA What section of the Plan was addressed by Housing Need Assessment Consultation? Lead-based Paint Strategy Public Housing Needs Market Analysis How was the Agency/Group/Organization Agency provided narrative and data for the consulted and what are the anticipated outcomes plan. of the consultation or areas for improved coordination? 2 Agency/Group/Organization Kitsap County Department of Community Development Agency/Group/Organization Type Other government-Local What section of the Plan was addressed by Housing Need Assessment Consultation? Market Analysis How was the Agency/Group/Organization Data and information from the Buildable Lands consulted and what are the anticipated outcomes Analysts and planning staff were used in of the consultation or areas for improved development of the Consolidated Plan coordination? 3 Agency/Group/Organization Bremerton Housing Authority Agency/Group/Organization Type Housing PHA What section of the Plan was add�essed by Housing Need Assessment Consultation? Market Analysis How was the Agency/Group/Organization Agency provided narrative and data for the consulted and what are the anticipated outcomes plan. of the consultation or areas for improved coordination? 4 Agency/Group/Organization City of Bremerton Department of Community Development Agency/Group/Organization Type Housing What section of the Plan was addressed by Market Analysis Consultation? Consolidated Plan BREMERTON 8 OMB Control No:2506-0117(exp.07/31/2015) How was the Agency/G�oup/Organization Data and information from the Comprehensive consulted and what are the anticipated outcomes plan were used in development of the of the consultation or areas for improved Consolidated Plan. coordination? 5 Agency/Group/Organization Kitsap County Department of Human Services Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities Services-homeless Other government-Local What section of the Plan was addressed by Housing Need Assessment Consultation? Non-Homeless Special Needs How was the Agency/Group/Organization Data from existing plans and information from consulted and what are the anticipated outcomes program staff was used in the Needs of the consultation or areas for improved Assessment. coordination? 6 Agency/Group/Organization Kitsap Continuum of Care Coalition Agency/Group/Organization Type Services-homeless Planning organization What section of the Plan was addressed by Housing Need Assessment Consultation? Homelessness Strategy Homeless Needs-Chronical�y homeless Homeless Needs-Families with children Homelessness Needs-Veterans Homelessness Needs- Unaccompanied youth Anti-poverty Strategy How was the Agenty/Group/Organization Continuum of Care members participated in consulted and what are the anticipated outcomes the update of the Homeless Housing Plan. of the tonsultation or areas for improved Information from the plan was included in the coordination? Needs Assessment,Market Analysis, and Strategic Plan. 7 Agency/Group/Organization Kitsap Economic Development Alliance (KEDA) Agency/Group/Organization Type Regional organization What section of the Plan was addressed by Economic Development Consultation? Consolidated Plan BREMERTON 9 OMB Control No:2506-0117(exp.07/31/2015) How was the Agency/Group/Organization Agency provided narrative and data for the consulted and what are the anticipated outcomes plan. of the consultation or areas for improved coordination? 8 Agency/Group/Organization KMHS Agency/Group/Organization Type Health Agency What section of the Plan was addressed by Housing Need Assessment Consultation? Homelessness Strategy Homeless Needs-Chronically homeless Non-Homeless Special Needs How was the Agency/Group/Organization Agency provided narrative and data on the consulted and what are the anticipated outcomes housing and service needs of persons with of the consultation or areas for improved mental illness and also participated in the coordination? update of the Homeless Housing Plan. 9 Agency/Group/Organization YWCA Agency/Group/Organization Type Housing Services-Victims of Domestic Violence What section of the Plan was addressed by Housing Need Assessment Consultation? Market Analysis How was the Agency/Group/Organization Agency provided data and narrative on the consulted and what are the anticipated outcomes housing and service needs of victims of of the consultation or areas for improved domestic violence. coordination? Identify any Agency Types not consulted and provide rationale for not consulting Not Applicable Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Balance of Washington State Goals are consistent with Balance of State Continuum of Care Continuum of Care goals Kitsap County Kitsap County Dept. of Goals are consistent with Housing Element Comprehensive Plan Community Development of County Comprehensive Plan. Consolidated Plan BREMERTON 10 OMB Control No:2506-0117(exp.07/31/2015) Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? City of Bremerton City of Bremerton Dept.of Goals are consistent with elements of the Comprehensive Plan Community Development City Comprehensive Plan. Kitsap Homeless Housing Kitsap County, Dept.of Goals are consistent with goals and Plan Human Services strategies of the Homeless Housing Plan. Kitsap Community Health Kitsap Public Health District Data used in development of the Needs Priorities-2014 Assessment/Housing Market Analysis. State of WA Housing Needs WA State Affordable Data used in development of the Needs Assessment Housing Advisory Board Assessment/Housing Market Analysis. Table�Other local/regional/federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(I)) Early in the process staff from the County Block Grant program met with the mayors of Port Orchard, Poulsbo and Bainbridge Island, as well as individually with each commissioner to discuss the Consolidated Planning process,and the needs and priorities in their jurisdictions. Staff also made presentations at regularly scheduled city council meetings for each of the cities.A range of issues were discussed, including the many positive aspects of living in Kitsap County.Some of the common issues and concerns discussed included: • The homeless population in Kitsap County, particularly street homeless and chronically homeless individuals who are more difficult to serve.The need for emergency overnight shelter and 24-hour access to services and shelter for people in crisis.There was also significant concern expressed over Veterans homelessness. • The aging population and increasing needs of seniors.The need for a wider range of options to house seniors. • Funding and/or regulatory incentives for affordable housing as government funding declines. We need to find ways to promote and support construction of affordable housing that meets the needs even at the lowest income levels. � Economic and community development to improve our existing urban areas. • Work force development and the need for training targeted at younger workers.The next generation needs more apprenticeship type opportunities. • Supportive housing for people overcoming substance abuse. • More affordable housing, particularly rental housing in the north end of the County. • We need better transportation—improved transit and connections to services. Informational presentations on the Consolidated Plan and Homeless Housing Plan were made by county staff to the city councils of Port Orchard, Poulsbo and Bainbridge Island.Staff from the City of Bremerton Consolidated Plan BREMERTON 11 OMB Control No.2506-0317(exp.07/31/2015) has made several presentations to Bremerton City Council regarding the goals and priorities in the Consolidated Plan and a more targeted use of city funds. Consolidated Plan BREMERTON 12 OMB Control No.2506-0117(exp.07/31/2015) PR-15 Citizen Participation - 91.401, 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting Information from outreach to the community was used to establish the goals and priorities of the Consolidated Plan.As funding has declined it has become even more important to target funds towards the highest priorities in the community. There are many needs,and often competing priorities for funding, so the input of the community was essential in determining the strategic plan priorities. Survey Results Summary:A community survey was launched on February 20th, 2015 and was open until March lOth, 2015.There were 242 respondents.The survey was announced on the County web site which triggered electronic notification of the survey availability to all subscribers which includes citizens and agencies. The survey was designed to solicit input on challenges and priorities related to affordable housing,economic development and community services and facilities. Survey participants were provided a number of options and asked to rate, high/med./low,their priorities among the choices and explain why they selected their top priorities. When asked what are the top challenges the top 3 responses were: not enough jobs;existing houses are in poor condition; and not enough affordable rental housing. When survey participants were asked to allocate funds between four categories they allocated 32�of the funding towards economic development, 30%towards affordable housing, 22%towards senrices and 16%towards public facilities. Community Meeting Summary:A community meeting was held on April 16th.Twenty-three people attended and participated in several activities designed to solicit input.A group discussion was held and participants discussed what makes our community a great place to live;what are the greatest challenges facing our community; and if you could make one change capable of transforming our community what would it be? When asked about challenges our community is facing transportation connectivity, lack of economic diversity/job opportunities,aging infrastructure and housing were mentioned by more than one person.The one change question elicited many different responses with most focused on things to improve and diversify the economy and improve our community like transit oriented development, improved commercial spaces, urban design standards for downtowns, and creative housing options. When meeting participants were presented with a choice of several strategies and asked to prioritize one in each category for investment of public funds,the following strategies received the most votes: Economic Development Consolidated Plan BREMERTON 13 OMB Control No:2506-0117(exp.07/31/2015) • Modernization of older commercial buildings • Classes and training for existing and prospective business owners Homelessness • Permanent Supportive Housing • Rapid Re-housing Affordable Housing • Affordable Rental Housing • More affordable homeowner housing Public Facilities � Repairs/upgrades to existing community social service buildings • Infrastructure improvement/repair in low income areas Human Services • Health &Substance Abuse Services � • Self-sufficiency programs(i.e. literacy&financial education) • Consolidated Plan BREMERTON 14 OMB Control No 2506-0117(exp.07/31/2015) Citizen Participation Outreach Sort Ord Mode of Outre Target of Outre Summary of Summary of Summary of comm URL(If applicable) er ach ach response/attenda comments recei ents not accepted nce ved and reasons Consolidated Plan BREMERTON 15 OMB Control No:2506-0117(exp.07/31/2015) Sort Ord Mode of Outre Target of Outre Summary of Summary of Summary of comm URL(If applicable) er ach ach response/attenda comments recei ents not accepted nce ved andreasons 1 Public Hearing Non- City of Bremerton Support of the targeted/broad public hearing City's initiative community was well attended to focus CDBG with funding in a approximately 15 targeted area to public improve testimonials affordable received. The housing and meeting was economic advertised opportunities. through an article Also supportive in the newspaper, of having an email to the economic City's electronic development mailing list,and a opportunities posting on the available City- City's website. wide. Other comments focused on the hesitation of having a target area fearing that other parts of the City would not benefit. It was explained however,that economic Consolid ted Plan BRE �Ilopment 16 OMB Control N •2506-0117(exp 07/31 2015) will be available City-W ide. Sort Ord Mode of Outre Target of Outre Summary of Summary of Summary of comm URL(If applicable) er ach ach response/attenda comments recei ents not accepted nce ved andreasons 2 Newspaper Ad Non- Newspaper article http://www.kitsapsun.com/news targeted/broad on City's use of /local-news/council-to-vote-on- community CDBG funds to fixing-bremertons-empty- address empty building-problem_70174437 buildings and blighted conditions in the city. Consolidated Plan BREMERTON 17 OMB Control No 2506-0117(exp.07/31/2015) Sort Ord Mode of Outre Target of Outre Summary of Summary of Summary of comm URL(If applicable) er ach ach response/attenda comments recei ents not accepted nce ved andreasons 3 Internet Non- A community See Survey All comments were Outreach targeted/broad survey was Results accepted. community launched on Summary in February 20th, narrative above 2015 and was under 1. open until March Summary of lOth, 2015.There citizen were 242 participation respondents.The process/Efforts survey was made to announced on the broaden citizen County and City of participation. Bremerton web sites which triggered electronic notification of the survey availability to all subscribers which includes citizens and agencies.The survey was designed to solicit input on challenges and priorities related to affordable Consolid ted Plan housing, BR ERTON 18 OMB Control N 2506-0117(exp 07/31 2015) eCOf101711C development, and abatement of Sort Ord Mode of Outre Target of Outre Summary of Summary of Summary of comm URl(If applicable) er ach ach response/attenda comments recei ents not accepted nce ved andreasons 4 Public Meeting Non- A community See summary of All comments were targeted/broad meeting was held Community accepted. community on April 16th at Meeting in the Norm Dicks narrative above Government under 1. Center in Summary of Bremerton. citizen Twenty-three participation people attended process/Efforts and participated made to in several broaden citizen activities and participation. discussion designed to solicit input on community priorities. Consolidated Plan BREMERTON 19 OMB Control No 2506-0117(exp.07/31/2015) Sort Ord Mode of Outre Target of Outre Summary of Summary of Summary of comm URL(If applicable) er ach ach response/attenda comments recei ents not accepted nce ved and reasons S Public Non- A draft of the One citizen All comments were Comment targeted/broad Strategic Plan, comment was accepted. Period community Needs received which Assessment and stated we need Housing Market to encourage Analysis portions more business of the and industry, Consolidated Plan reduce the was released on requirements on August 4th, 2015 buildings and for a 15-day development written comment and create tax period. The draft free zones for plan was posted light industry in to the County and order to create City of Bremerton jobs and lift web sites which people out of triggered poverty. electronic notification of availability. Notice was also published on the County home page. Consolidated Plan BREMERTON 20 OMB Control No•2506-0117(exp 07/31/2015) Sort Ord Mode of Outre Target of Outre Summary of Summary of Summary of comm URL(If applicable) er ach ach response/attenda comments recei ents not accepted nce ved and reasons 6 Public Hearing Non- 2016 Notice of No comments targeted/broad Funding were received. community Availability and Policy Plan was published for a 30-day public comment period. A public hearing was held on May 11, 2015 with the Kitsap County Board of Commissioners. This opened the grant application cycle for 2016 funds. Consolidated Plan BREMERTON 21 OMB Control No:2506-0117(exp.07/31/2015) Sort Ord Mode of Outre Target of Outre Summary of Summary of Summary of comm URL(If applicable) er ach ach response/attenda comments recei ents not accepted nce ved andreasons 7 Public Hearing Non- 2016 City of targeted/broad Bremerton Action community Plan was published for a 30-day comment period. A public hearing was held on November 18th, 2015 with the Bremerton City Council. Public testimony was taken on the 2016 use of funds and the action plan was adopted by council. 8 Public Hearing Non- Public Hearing targeted/broad was held to adopt community the 2016 CDBG/HOME Policy Plan. Table 4—Citizen Participation Outreach Consolidated Plan BREMERTON 22 OMB Control No:2506-0117(exp.07/31/2015) Needs Assessment NA-05 Overview Needs Assessment Overview The overall purpose of the Needs Assessment and Housing Market Analysis is to evaluate the range of needs in the community and identify high priority needs that will be addressed by the Strategic Plan.The Needs Assessment is comprised of data provided by HUD, primarily 2007-2011 CHAS, Census and American Community Survey data as well as data from a number of Kitsap County agencies and Washington State.This section follows HUD's template and does not attempt to evaluate all data available, but is instead focused on the areas of housing, homelessness, economic development, facilities and services,as they relate to low-income and special needs populations. Population Source:U.S. Census Bureau,2000 Census;2010 Census;2013 Population Estimates. �� , .......... .........- .._.._-----•..._..�.-- -� - ---._.. ......--.._._.._....�.__...._..-------�--- � 231.969 751.133 -- - 753,958 � ' I __'.'. "'._'_'___'_-__' . __- _-_'_.______ ...._.._J�.__-___-_.___'.___-__. 37,259 37,T29 39,056 20.308 ;•23,0?5 i,23.196 � _ _ j � a 7,693 11,144 12,959 ' ----.... _..._.._.—.. ...---.......--'-'--�---- ..__. ._.._.,�-�---�-----._...----'�--'----.. 6,8]3 ,9,2(ID i.9,509 I ;; i• i I• _'___.'_.."__"'_'_'_'_"_"__"_'___""_'._...__.'__".:"_"_"_.___.._.._.__..."__...� Race&Ethnicity 5ource:U.S. Census Bureau,2009-2013Amencan Commumty Survey 5-Year Estimates � 2013 Estima� 2013 Estimate � 2013 Estimate 2013 Estimate � - -----. _._ .. .. ... ... .._ ... ....__...__._..._... .. ._.. . ._....-.--� 74 7% 82.2Yo 78.5% 74 0%� _.. __.' .._._. _ —._____.'_.'—_._—__'__'_ .__'_.—.__� '•�� • �• ' •� 62% 2.8% � 3.6% 226%� ------- -"... ..._....------------`------_,_,.._.. _..----._.__....... 2.3% 1346 Y 4% .8%� --�---�'---- ------- -�----._...--------�----�----------._..._. 4.4% 47% 7.396 49%� ' . . . ._ . . _. . .. . ._ . _ .- -._... . ._... _ _i o — 3 0% .9% 6% 296� � 4.69e 1.8% 3.9%.. . 4.746 I 7.0% 6 3% 4 8% 2.8%� .. , .. .. ..i 10.9% 6 6% � 11 5% 16 6Yo 1 • � • • • • 89.1% 93.4% 88 5% 83 4%� Census Data Consolidated Plan BREMERTON 23 OMB Control No 2506-0117(exp.07/31/2015) Consolidated Plan BREMERTON 24 OMB Control No 2506-0117(exp.07/31/2015) NA-50 Non-Housing Community Development Needs - 91.415, 91.215 (f) Describe the jurisdiction's need for Public Facilities: In the City of Bremerton the non-housing community development need is centered on the communities need for jobs.The City has an unemployment rate of 6.5%compared to 5.5% in Washington State,and 5.3% in Kitsap County.The City has chosen to focus its efforts on economic development with the goal of creating and sustaining jobs for its residents.The low/mod percentage is comparatively high with 61°/a city-wide and 69%within the Downtown Regional Center.The City Council determined that targeting funds in this center which includes a designated blighted area will provide a strategy to come up with a strong economic development and housing focus which will abate these blighted conditions,as well as utilizing limited funds in a way that can provide the best,opportunity for leverage. Public facilities will be eligible for funding as long as they are within the target area known as the"Downtown Regional Center."The intention is to focus on capital projects that curb slum and blight, improve public facilities,and invest in economic development. How were these needs determined? Needs were evaluated and determined during the outreach and planning process for the Consolidated Plan. Describe the jurisdiction's need for Public Improvements: In the City of Bremerton there is an emphasis in utilizing funds in a Downtown Regional Center.Within this center there is a need for public improvement,especially improved streetscapes along 4th avenue between Pacific and Washington.This area is a low-mod area and could greatly benefit from Public Improvements. How were these needs determined? Needs were evaluated during the outreach and planning process for this Consolidated Plan.The City of Bremerton held a series of"Community Conversation"events where staff could hear input from the public on the need of the city and direction of the CDBG/HOME programs. Describe the jurisdiction's need for Public Seroices: For this consolidated plan time period the City of Bremerton has decided to not fund public services. While they are still a priority we believe the gap can be filled by the Homeless Housing Grant funds.The Consolidated Plan BREMERTON 25 OMB Control No.2506-0117(exp.07/31/2015) City of Bremerton has a high priority of focusing on economic development and affordable housing.The City anticipated resuming the 15%allocation for public services in the next consolidated plan time period. How were these needs determined? Needs were evaluated and determined using data,consultations with service providers and public outreach. Consolidated Plan BREMERTON 26 OMB Control No:2506-0117(exp 07/31/2015) Housing Market Analysis MA-OS Overview Housing Market Analysis Overview: Nationally, homeownership rates have fallen back to 1993 levels.The decline can be attributed to several factors including the effects of the recession on household formation and first time homebuyers, decline in household incomes since the start of the recession,and restricted access to financing.At the same time there has been a strong increase in demand for rental units.As the vacancy rate for rentals has declined, rent increases continue to outpace inflation.To meet the surge in demand for rental units, the number of single-family detached homes in the rental market increased and developers also responded to soaring demand by steadily expanding the multifamily housing supply. Despite this expansion of the stock, rental markets nationally continued to tighten in 2014.The national vacancy rate dipped to 7.6 percent, its lowest point in nearly 20 years.As a result rents rose at a 3.2%rate last year— twice the pace of overall inflation. (Source:The State of the Nation's Housing 2015,Joint Center for Housing Studies of Harvard University). Home sales have increased overall in Washington State but are still recovering from the recession.A typical first-time buyer can't afford most homes for sale.The median renter household income in 2012 across the Washington State was$36,778.This means that a typical first-time homebuyer, paying no more than 30%of that income on housing,could afford to purchase a $145,201 home.The median priced home in Kitsap County in 2012 was$233,000. (Source:Washington State Housing Needs Assessment 2015) Affordability is an issue for many households across Washington State, particularly those whose incomes are below 50%of the area median income. In Kitsap County a family of 4,would need an annual income of$53,560 to afford a 3 bedroom rental unit with rent of$1,339. A single person household would need an annual income of$30,400 to afford a rental unit with rent of$760. (Source:WA State Housing Needs Assessment). Nationally rents for apartments have risen for 23 straight quarters.As of the third quarter of 2014, rents were 15.2%higher than at the tail end of the Recession in 2009.The tightening rental market has the most significant impact on low income renters. Many higher and middle income renters occupy units that are affordable to lower income groups, reducing the supply of affordable and available decent apartments for the lowest income renters. (Source: National Low Income Housing Coalition(NLIHC),Out of Reach 2015.) The City of Bremerton has a very old housing stock which puts children at risk for many indoor environmental concerns such as asbestos, radon,and lead based paint poisoning. Often time's families do not have enough money to rehab and mitigate these potential hazards. I Consolidated Plan BREMERTON 27 OMB Control No 2506-0117(exp.07/31/2015) The numbers from Kitsap Public Health regarding the reported lead poisoning cases from 2008-2015 are listed below: 2009=1(probable) 2010=2 (probable,confirmed) 2011=0 2012=0 2013=2 (2 confirmed) 2014=3 (2 confirmed, 1 probable) 2015=8(4 confirmed,4 probable) Source:WA Dept.of Health, Public Health Information Management System(PHIMS),extracted 10/22/15. City of Bremerton Housing Occupancy Source: U.S. Census Bureau, 2000 Census; 2010 Census; 2013 Population Estimates. . • • .. � - ' - • . • i 17,396 �i 17,396 I -- ._. . ..- . . ------ - ---- . _. _..._.._., • • -• • 14,918 85.8% ; ___._ ____ _ ;:__�:____.-____:.:____.__________.__f - • • : 2,478 �i 14.2% � �; � ..------------------------------....._.....��..- ----�-------------.....-----.._._._......... -- . -. 3.5 X _ . . �----------=—�---..._..--�---.._._..--�- ---'----=---------- .----- --_-----------' � 10.8 {i X � �I. � ------------��-----�--------- � Consolidated Plan BREMERTON 28 OMB Control No:2506-0117(exp 07/31/2015) City of Bremerton Year Structure Built Source: U.S. Census Bureau, 2009-2013 American Community Survey S-Year Estimates .- � - - • • • - • • 17,396�, 17,396 ----...----�L------ -- , e • . 119 0.7% �� • ��• 1,195 6.99�0 . .� � .. -- --- 1,214 '' ------ -- 7.0% ; :o • ------1,436 � 8.3°/� • � � ' 2,568 .. 14.8% i • .� . ^ • ---------1,837 �( — - ------ 10.6%al • , • • 1,977 � 11.4% � e �� ------- _ 3,154_��_ __ 18.15'0 • . 3,896 22.4% i Consolidated Plan BREMERTON 29 OMB Control No:2506-0117(exp.07/31/2015) City of Bremerton � Gross Rent as a % of Household Income Source: US Census, 2009-2013 American Community Survey 5-Year Estimates . . �. 7o,i s.��o '� • ' 1,100 4 � 13.7% �'� • , ..• 945 �� 11.7% '� • ' 763 9.5% �'. � ' 827 1U.3% '� � � - 3,711 46.1�% Consolidated Plan BREMERTON 30 OMB Control No 2506-0117(exp 07/31/2015) City of Bremerton Monthly Owner Costs as a Percentage of Household Income (Housing units with a mortgage only) Source: US Census, 2009-2013 American Community Survey 5-Year Estimates . . . - �'� 1,372 -� 31.4% e', • , ••� 62�-3 14.3% '� • ' 6�20 - 14.2:/0 �'� • ' 3=93 _ 9.0% '� • • - 1,3L58 �� 31.1% Consolidated Plan BREMERTON 31 OMB Control No 2506-0117(exp.07/31/2015) MA-45 Non-Housing Community Development Assets - 91.410, 91.210(f) Introduction As of lune 2014,the civilian labor force in Kitsap County stood at 115,050 and the county unemployment rate was 5 percent compared to 7.1 percent in June 2013. Unemployment continues a steady decline in the county. Since 2004, Kitsap County typically experienced average annual unemployment rates under 7 percent.Job numbers are starting to rebound, but have yet to make up for losses occurring from 2007 to 2014. There were 84,800 nonfarm jobs in the county in June 2014,this figure reflects a net loss of approximately 3,200 jobs since June 2007.The main component of Kitsap County's employment is government.This sector typically accounts for a third of the nonfarm total with a total of 28,600 jobs. Economic Development Market Analysis Business Activity Business by Sector Number of Number of lobs Share of Workers Share of Jobs Jobs less workers Workers °•6 % °� Agriculture, Mining,Oil &Gas Extraction 25 24 0 0 0 Arts, Entertainment,Accommodations 1,367 1,428 15 12 -3 Construction 437 342 5 3 -2 Education and Health Care Services 2,257 5,470 25 45 20 Finance, Insurance, and Real Estate 541 595 6 5 -1 Information 229 319 3 3 0 Manufacturing 482 163 5 1 -4 Other Services 726 728 8 6 -2 Professional,Scientific, Management Services 748 814 8 7 -1 Public Administration 0 0 0 0 0 Retail Trade 1,377 1,655 16 13 -3 Transportation and Warehousing 294 329 3 3 0 Consolidated Plan BREMERTON 32 OMB Control No 2506-0117(exp.07/31/2015) Business by Sector Number of Number of Jobs Share of Workers Share of Jobs Jobs less workers Workers °� °•6 % Wholesale Trade 370 407 4 3 -1 Tota I 8,853 12,274 -- -- -- Table 5-Business Activity Data Source: 2007-2011 ACS(Workers),2011 Longitudinal Employer-Household Dynamics(Jobs) Labor Force Total Population in the Civilian Labor Force 16,942 Civilian Employed Population 16 years and over 14,624 Unemployment Rate 13.68 Unemployment Rate for Ages 16-24 38.29 Unemployment Rate for Ages 25-65 7.25 Table 6-Labor Force Data Source: 2007-2011 ACS Occupations by Sector Number of People Management, business and financial 2,987 Farming,fisheries and forestry occupations 802 Service 1,837 Sales and office 3,295 Construction,extraction, maintenance and repa ir 1,580 Production,transportation and material moving 899 Table 7—Occupations by Sector Data Source: 2007-2011 ACS Consolidated Plan BREMERTON 33 OMB Control No 2506-0117(exp.07/31/2015) Travel Time Travel Time Number Percentage <30 Minutes 10,776 69% 30-59 Minutes 3,237 21% 60 or More Minutes 1,647 11% Tota/ 15,660 100% Table 8-Travel Time Data Source: 2007-2011 ACS Education: Educational Attainment by Employment Status (Population 16 and Older) Educational Attainment In Labor Force Civilian Employed Unemployed Not in Labor Force Less than high school graduate 845 143 702 High school graduate (includes equivalency) 3,073 295 1,533 Some college or Associate's degree 5,340 829 2,262 Bachelor's degree or higher 2,566 155 623 Table 9-Educational Attainment by Employment Status Data Source: 2007-2011 ACS Educational Attainment by Age Age 18-24 yrs 25-34 yrs 35-44 yrs 45-65 yrs 65+yrs Less than 9th grade 249 334 69 236 127 9th to 12th grade, no diploma 825 541 161 356 485 High school graduate,GED, or alternative 2,306 1,552 1,081 2,408 1,274 Some college, no degree 2,661 2,239 1,568 2,851 1,041 Consolidated Plan BREMERTON 34 OMB Control No 2506-0117(exp.07/31/2015) Age 18-24 yrs 25-34 yrs 35-44 yrs 45-65 yrs 65+yrs Associate's degree 215 754 581 1,209 303 Bachelor's degree 145 904 452 1,150 481 Graduate or professional degree 13 296 278 602 503 Table 10-Educational Attainment by Age Oata Source: 2007-2011 ACS Educational Attainment—Median Earnings in the Past 12 Months Educational Attainment Median Earnings in the Past 12 Months Less than high school graduate 14,859 High school graduate (includes equivalency) 22,532 Some college or Associate's degree 31,223 Bachelor's degree 43,077 Graduate or professional degree 55,497 Table il—Median Earnings in the Past 12 Months Data Source: 2007-2011 ACS Based on the Business Activity table above,what are the major employment sectors within your jurisdiction? • Education and Health Care Services • Retail Trade • Arts, Entertainment,Accommodations • Professional,Scientific and Management services What is not included in Table 45—Business Activity, is the large number of defense related jobs in Kitsap County. Information from Naval Base Kitsap,2014 numbers for employment were: Consolidated Plan BREMERTON 35 OMB Control No�2506-0117(exp.07/31/2015) • 8,700 military(active duty) • 16,000 civilian These numbers do not include government contractors.The civilian work force includes many professional and management workers employed at Puget Sound Naval Shipyard, Naval Submarine Base Bangor and Naval Undersea Warfare Center. Describe the workforce and infrastructure needs of the business community: Workforce Needs: As with most areas with technology related jobs,tech workers are needed. Healthcare managers cite the need for technology skills paired with medical skills to meet many of the digital healthcare requirements.The skilled trades shortage impacts all communities with a manufacturing presence. The addition of two large (and well paying) magnets for that workforce—Puget Sound Naval Shipyard and Boeing—in our region make that shortage even more pronounced at times for manufacturers and defense contractors.The growth of the healthcare industry will continue to bring healthcare workforce needs.The numbers and types of workers will evolve as the industry evolves across the board,all managers and business owners cite a need for a workforce with strong community skills, strong work ethics and ability to work as a team member. Infrastructure Needs: Business Parks currently do not have natural gas or sewer connections. The largest Greenfield site in the region (Puget Sound Industrial Center— Bremerton) is 3,400 acres zoned for manufacturing under a master plan. Currently, access to infrastructure is more available on the Port of Bremerton (publicly owned) leasable parcels.The privately owned parcels have some of the infrastructure, but not all. Broadband and fiber optic connections are still a challenge for more rural parts of the county. Consolidated Plan BREMERTON 36 OMB Control No:2506-0117(exp.07/31/2015) Describe any major changes that may have an economic impact,such as planned local or regional public or private sector investments or initiatives that have affected or may affect job and business growth opportunities during the planning period. Describe any needs for workforce development, business support or infrastructure these changes may create. • CHI Harrison Medical Center has announced relocation of their Bremerton campus to their Silverdale Campus. It is anticipated that Silverdale will be the healthcare hub for the county,with other healthcare providers moving closer to the new and expanded hospital. • The Trails at Silverdale is a 30 acre retail project at the entrance to Silverdale.This project will contain 200,000 SF of retail space. • Two major contracts at Naval Base Kitsap have changed. Multiple Ship Maintenance and Operations changed from Vigor to General Dynamics in 2014. This will require establishing new relationships for small businesses as subcontractors.Chugach took over the West Sound (Kitsap) Base Operating and Service Contract in 2014 from EJB. Again,this will require small business to establish new subcontracting relationships. • Anticipated transportation funding would bring new ferries to the system (for commuters)and some minor road changes in the county. • The Port of Bremerton continues to seek funding to finish the connector road between Hwy 3 and Lake Flora Road, making the privately owned parcels of the Puget Sound Industrial Center—Bremerton more accessible to workers in South Kitsap. It also creates an access point for other infrastructure needs. • Several housing projects in Poulsbo are in permit status to create an additional 700 units. Needs: • The healthcare industry will continue to grow, requiring additional healthcare workers. • A new retail center will create many new retail and service positions in a community already saturated with retail workers. • Housing projects will create the need for construction worker in all trades; it is possible that during the recession some of those workers may have retrained for other skilled trades positions in manufacturing. � There will be increased traffic in Silverdale with additional healthcare offerings. Consolidated Plan BREMERTON 37 OMB Control No.2506-0117(exp.07/31/2015) How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction? In reviewing the top "hard skills" needed by employers,two are based on both experience and training—quality assurance and quality control. These are often required for large federal defense contracts and are proving difficult to fill.The majority on the list are tech related, services related and healthcare related. Related to skills are the ability to obtain access and clearance on Naval Base Kitsap,which requires US Citizenship and no criminal history. More healthcare and technology training is needed to meet the future needs. Describe any current workforce training initiatives, including those supported by Workforce Investment Boards,community colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan. • Olympic College is part of Air Washington, a consortium of community and technical colleges providing aerospace workforce skills. Many of those skills cross over into other manufacturing scenarios. • Olympic College offers BAS(Bachelor of Applied Science)of Nursing Degree. Additionally,they offer certificates in Medical Assisting, Medical Billing, Medical Receptionist, Nursing Assistant, Pharmacy Technician, Polysomnography Technology,Chemical Dependency and Practical Nursing. • Olympic College has several certificate programs supporting technology:Applications Server; CIS Basic and CIS Core; Electronics; IT � Project Management Essentials; Information Systems Security;Open Source Systems;Software Application Development;Technical Design—GIS and Web Client Side Development. � Certificate offerings from Olympic College in skilled trades:Advanced Manufacturing Composites, Composites Manufacturing Technology; Manufacturing Technology;Welding Technology Proficiency and Welding Technology Specialization. • Olympic also has certificate programs supporting professional services, business and retail. • Olympic College recently added a BAS in Information Systems • In collaboration with Western Washington University at Olympic College,the following degrees are available in Kitsap County: Business Administration, BA; Environmental Policy, BA; Environmental Science, BS; Human Services, BA; Elementary Teacher Education, BAE and Certification. • In partnership with Washington State University, Kitsap students can obtain a Bachelor of Science in Mechanical Engineering from WSU • Everest College in Bremerton provides healthcare training with diplomas in dental assistant, massage therapy, medical administrative assistant, medical assistant and pharmacy technician. Consolidated Plan BREMERTON 38 OMB Control No:2506-0117(exp.07/31/2015) • Many of the retired and separated military workforce remain in the area with a diverse and skilled training background. • The Olympic Workforce Development Council is working to provide timely training with input from the WIOA guidelines. Does your jurisdiction participate in a Comprehensive Economic Development Strategy(CEDS)? Yes If so,what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not, describe other local/regional plans or initiatives that impact economic growth. Kitsap is part of the Puget Sound Economic Development District administered by the Puget Sound Regional Council. Consolidated Plan BREMERTON 39 OMB Control No:2506-0117(exp.07/31/2015) MA-50 Needs and Market Analysis Discussion Are there areas where households with multiple housing problems are concentrated? (include a definition of"concentration") The primary housing problem in Bremerton is housing cost burden.The problems of overcrowding and lack of kitchen or plumbing facilities are small. Geographic analysis shows that the concentration of older housing stock overlaps with a concentration of low to moderate income families.Areas which have a greater than 51%concentration of low and moderate income persons are located in a higher percentage primarily in West Bremerton,and a slightly lower percentage in East Bremerton. Housing units built before 1978, also concentrated primarily in West eremerton are more likely to contain lead-based paint and are more likely in need of major repair. Yet,these houses are occupied by families least likely to have the financial means to correct either potential lead hazards or make all other needed repairs. The City's low/mod Census Tracts are all in need of reinvestment through owner and rental housing rehabilitation. The City of Bremerton has a high rental to owner occupant rate (60% renters to 40% buyers). Single- family owner units are available at relatively low prices, but the demand isn't there because of this need for extensive and expensive renovation in many of the structures,as well as stricter loan standards and higher down payment requirements which limit the number of potential buyers. More afftuent buyers will tend to favor newer construction, in other more attractive parts of the City or even the County.The rental market is stronger because of the transient nature of the community which creates an increased demand,especially for more modern or better kept buildings. Rents tend to increase,even for poorer buildings, exacerbating the cost burden issue for low-income households. Landlords are often unable to make costly repairs to their rental units thereby creating unsafe and a lower quality of housing for some low-income households as well. Are there any areas in the jurisdiction where racial or ethnic minorities or low-income families are concentrated? (include a definition of"concentration") HUD has generated a series of standards that can be used to determine if a Census Block Group has a minority concentration or a concentration of low-income households.To determine if a low-income concentration exists,the Area Median Income of a Block Group must be below 50%of the Area Median Income for the Metropolitan Statistical Area (MSA�. In 2015 the median income for the Bremerton- Silverdale MSA is$74,600.Therefore,a Block Group with a median income of less than$37,300 would be considered to have a concentration of low-income households. In Kitsap County the majority of census block groups that meet this criteria are located in Bremerton. While the City of Bremerton has block groups with a high concentration of poverty,the City does not have particular block groups with high minority populations. Consolidated Plan BREMERTON 40 OMB Control No 2506-0117(exp.07/31/2015) Under the HUD definition,an area is considered to have a high concentration of minority persons if the percentage of households in a particular racial or ethnic minority group in a Block Group or Groups is at least 20 percentage points higher than the percentage of that minority group for the MSA. Race and ethnicity data was reviewed for each of the census block groups in Bremerton and Kitsap County and no census block group had a minority concentration. What are the characteristics of the market in these areas/neighborhoods? The City of Bremerton has 10 Census Tracts with over 50%of the population low/moderate income. These neighborhoods are centered around the downtown core extending out to West Bremerton,as well as across the water in East Bremerton.The highest percentage of low/moderate income population is census tract 812 which is near the downtown core with 95%LMI.The housing stock in these neighborhoods is older and the rental rates are high.The percentage of cost-burdened households in these areas is also high. Are there any community assets in these areas/neighborhoods? There are many community assets in the downtown/residential core NRSA including well established, older neighborhoods,attractive City Parks,access to the waterfront, investment in revitalization of the downtown core,capable and willing community partners, and a targeted City investment of its CDBG resources. Are there other strategic opportunities in any of these areas? Over the past few years,downtown Bremerton redevelopment has been encouraged and is on the rise due to the creation of new housing units downtown.The City's focus on directing CDBG funds towards this target area,and with the establishment of an NRSA the City hopes to create mixed income developments by leveraging demand for market rate housing in the area with the demand for affordable housing representing a strategic opportunity for Bremerton. The downtown/residential core NRSA encompasses census tract 805 which has 72�LMI.This area is also where the city plans on investing a large percentage of its CDBG allocation for the next 5 years. Consolidated Plan BREMERTON 41 OMB Control No 2506-0117(exp.07/31/2015) Strategic Plan SP-OS Overview Strategic Plan Overview The City of Bremerton's Strategic Plan for the Consolidated Plan period from January 1, 2016 through December 31, 2020 sets forth the City's priorities for expenditure of available Community Development Block Grant Funds (CDBG and HOME) Priorities are based on the needs assessment, and address geographic priorities and priority needs.The strategic plan addresses HUD's goa�to provide decent housing,a suitable living environment,and expand economic opportunity. Bremerton's Strategic Plan is centered on its most pressing need: providing economic development and opportunity. By addressing concentrated areas of urban blight and deteriorating housing stock, Bremerton will be able to provide a sustainably healthy economic environment where a suitable living environment and decent,affordable housing opportunities are the norm. The City will target its funds in a specific target area which includes its downtown.The City has also renewed its designation of a portion of the downtown core as a slum and blight zone.The City intends to utilize its funding to abate slum and blight conditions, provide economic development and affordable, suitable housing in the target area. The City's priorities for use of CDBG funds will remain the same throughout the 5 year consolidated plan time period.The City has designated two target areas for prioritization of use of funds. One area is targeted for capital projects,while the other is designated as Slum and Blight. 55%of funds will go towards housing and economic development projects in the City designated target area.Within this target area there are 72% low and moderate income families. 10%of funds will go towards the slum and blight zone,and 15�will be available for Economic Development City-wide. The percentages for dedication of use of funds will be reassessed per year and may change however the target areas and priorities will stay the same. The City of Bremerton will utilize HOME funds for improving and preserving affordable housing. 15%will continue to be set aside for CHDO projects and$75,000 will be set aside for the City of Bremerton Down Payment Assistance Program. City of Bremerton will award its funding through a Request for Proposal process.Through this process the City is able to ensure that the specific needs and objectives detailed in the Consolidated Plan. Consolidated Plan BREMERTON 42 OMB Control No•2506-0117(exp.07/31/2015) City of Bremerton Strategic Plan Priorities • Revitalize targeted neighborhoods; • Improve and preserve affordable homeownership housing; • Expand economic opportunities for very-low and low-income Bremerton residents; � Abate Slum and Blight conditions downtown; • Increase homeownership opportunities for low to moderate income Bremerton residents. Consolidated Plan BREMERTON 43 OMB Control No•2506-0117(exp.07/31/2015) � SP-10 Geographic Priorities - 91.415, 91.215(a)(1) Geographic Area Table 12-Geogrephic Priority Areas General Allocation Priorities Describe the basis for allocating investments geographically within the state The City of Bremerton realizes the needs and the impact of a targeted use of funds and because the downtown core is a designated regional growth center with a low/mod population. 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QZ[T10 Ca�s�Trad � 4 � 0 D.1?5 0.T5 0.5 I I.- I I Consolidated Plan BREMERTON 46 OMB Control No:2506-0117(exp.07/31/2015) SP-25 Priority Needs - 91.415, 91.215(a)(2) Priority Needs Table 13—Priority Needs Summary 1 Priority Need Economic Development Name Priority Level High Population Extremely Low Low Moderate Non-housing Community Development Geographic Areas Affected Associated Increase economic opportunities Goals Economic Development-City Wide Description Bremerton is a low-income City with few living-wage jobs outside the Navy and military associated industries. Bremerton is also home to a blighted, historic downtown core.CDBG funds will be prioritized to addressing blight in this target area,and furthering economic opportunity through innovative programs aimed at � job creation and small business entrepreneur support. Basis for Unemployment rate from the City of Bremerton as of April 2015 is 6.5%, higher Relative than Kitsap County as a whole (5.3%)and the State of Washington (5.5%).The City Priority also has a commercial vacancy rate of 15%in the downtown area. By increasing economic opportunities for low-income residents of the City,through increasing business opportunies,the City hopes to abate slum and blight conditions as well as decrease the commercial vacancy rate. In the 2015 Point in Time count 35%of the respondents listed employment as the cause of homelessness � Priority Need Abatement of Blight Conditions Downtown Name Priority Level High Population Extremely Low low Moderate Non-housing Community Development Consolidated Plan BREMERTON 47 OMB Control No•2506-0117(exp.07/31/2015) Geographic Areas Affected Associated Abate Blight Conditions Goals Description The downtown core has been designated as slum and blight since the 1970's.89% of buildings are either vacant, deteriorating,or have depreciated in value. It is critical to target funds and efforts to abating these conditions and creating economic opportunities as well as affordable housing available to benefit all City of Bremerton residents. Basis for For four decades the City of Bremerton's historic downtown core has been Relative designated as a blight zone. Many of these buildings are vacant, in deteriorating Priority condition or have depreciated in value. By focusing its efforts in this target zone, the City hopes to increase economic opportunities and create affordable housing benefitting all Bremerton residents. 3 Priority Need Affordable Housing Name Priority Level High Population Extremely Low Low Moderate Large Families Families with Children Elderly Elderly Frail Elderly Persons with Mental Disabilities Persons with Physical Disabilities Persons with Developmental Disabilities Persons with Alcohol or Other Addictions Persons with HIV/AIDS and their Families Victims of Domestic Violence ' Geographic Areas Affected Associated Preserve and Increase Affordable Housing Goals Consolidated Plan BREMERTON 48 OMB Control No:2506-0117(exp 07/31/2015) Description Bremerton is an old city,and most of its housing stock is aging and deteriorating. However,these solid, pre-WWII homes are diamonds in the rough, located in walkable neighborhoods,close to schools and amenities,and with careful rehab, very suitable starter homes for lower income residents. However resources for rehab are limited and many homeowners cannot afford these costly repairs. It is becoming too costly for homeowners to purchase and rehab these homes. Basis for 60%of Bremerton residents rent.With the Navy presence, Bremerton will always Relative have a higher-than-average rental rate, but with efforts to improve the housing Priority stock,we can attract new homeownership to our city.The City will primarily use HOME funds for homeownership initiatives. Over three-quarters of the housing units were built before 1980, nearly one-quarter before WWII.These aging unites typically have more issues related to upkeep than buildings built more recently.As home maintenance and improvement projects are necessary with older housing, more residents will be faced with increasing housing costs,which hinder , the overall ability of residents to afford housing in these jurisdictions over time. Also, many of these older homes lack energy efficiency.This poses two problems: environmental concerns and higher utility costs for occupants. Older homes may also present health hazards due to their potential to contain lead-based paint and/or asbestos. Many of these holder housing units require some degree to bring them to current,acceptable building standards. Aging housing is also important in regards to renter-occupied units.When renters occupy older housing, housing quality and occupant safety concerns become more of an issue because many of the owners may not have much of an incentive to invest time and money into maintenance and improvements.Thus,over time rental units begin to deteriorate and suffer from deferred maintenance. 4 Priority Need Pubtic Facilities Name Priority Level Low Population Extremely Low Low Moderate Large Families Families with Children Elderly Public Housing Residents Non-housing Community Development Consolidated Plan BREMERTON 49 OMB Control No•2506-0117(exp 07/31/2015) Geographic Areas Affected Associated Public Facilities-City Goals Description The City of Bremerton will look for public facility projects which serve the target area and surrounding residential areas to better the streetscapes, improve public parks,or establish community facilities. Basis for City of Bremerton's street and park maintenance budgets are shrinking while Relative infrastructure maintenance needs are increasing.The City hopes to implement the Priority redevelopment of streetscapes with street furnishing, improved lighting,and increased accessibility as well as improve the city's public parks in the target area. Narrative(Optional) City of Bremerton will utilize funds to address"high" priorities. Consolidated Plan BREMERTON 50 OMB Control No:2506-0117(exp.07/31/2015) SP-35 Anticipated Resources - 91.420(b), 91.215(a)(4), 91.220(c)(1,2) Introduction Kitsap County the City of Bremerton together formed a consortium for Home Investment Partnership (HOME)funds from HUD. The County is the lead agency responsible for administration of HOME funds.The City of Bremerton receives a direct allocation of CDBG funds from HUD and is responsible for administration of their funds. Anticipated Resources Program Source Uses of Funds Expected Amount Availabte Year 1 Expected Narrative Description of Annual Program Prior Year Total: Amount Funds Allocation: Income: Resources: $ Available $ $ $ Reminder of ConPlan $ CDBG public- The City of Bremerton will release Request for federal Funding Proposals based on the City's geographic priorities of the Downtown Residential Target area,the Slum and Blight Acquisition target area,or for Economic Development in Admin and the City as a whole. RFP's will also focus on Planning the City's priorities of use of funds which Economic include: economic development, housing, Development public facilities, and abatement of slum and Housing blight.The City strongly encourages Public applicants to leverage funds from other Improvements resources including State resources, private Public Services 390,000 0 0 390,000 1,560,000 resources,or other public resources. Table 14-Anticipated Resources Consolidated Plan BREMERTON 51 OMB Control No:2506-0117(exp.07/31/2015) Explain how federal funds will leverage those additional resources (private,state and local funds), including a description of how matching requirements will be satisfied At the time of application,all applicants for CDBG or HOME funds must submit a Sources of Funding form to indicate what other funding is expected to be used for the project.All HOME projects must indicate what they will use as match for their project. When a written agreement is executed for projects awarded CDBG or HOME funds, agencies must update the sources of funding and provide a detailed budget to show how expected funds will be used. For HOME funded projects, documentation of commitment for all other funding in the project is required before funds are committed and a written agreement is executed. If appropriate, describe publically owned land or property located within the state that may be used to address the needs identified in the plan Discussion Consolidated Plan BREMERTON 52 OMB Control No 2506-0117(exp.07/31/2015) SP-40 Institutional Delivery Structure - 91.415, 91.215(k) Explain the institutional structure through which the jurisdiction will carry out its consolidated plan including private industry, non-profit organizations, and public institutions. Responsible Entity Responsible Entity Role Geographic Area Served Type BREMERTON Government Non-homeless special Jurisdiction needs Ownership Planning KITSAP COUNTY Government Homelessness Other Non-homeless special needs Ownership Planning Bremerton Housing PHA Ownership Jurisdiction Authority Public Housing KITSAP COUNTY PHA Ownership Jurisdiction CONSOLIDATED Planning HOUSING AUTHORITY Public Housing Rental Table 15-Institutional Delivery Structure Assess of Strengths and Gaps in the Institutional Delivery System The City of Bremerton has a wide variety of non-profit and government agencies working together to address our community's most pressing needs. Kitsap Continuum of Care Coa�ition is actively meeting, planning and working to address homeless. Our county has fully implemented HMIS and conducts an annual Point in Time Count. The Homeless Housing Plan is being updated in 2015 and there are groups working on veterans homelessness and chronic homeless on the streets. Through a coordinated application process each year HOME funds along with Homeless Housing Grant funds and Affordable Housing Grant funds are awarded.This process has improved coordination of funding and allows better targeting of funds.These funding sources are administrated by the County and staff is housed in the Dept. of Human Services.The City of Bremerton's HOME funds are also allocated through the Coordinated Grant Application process. Beginning in �015 the City of Bremerton will utilize an RFP process to allocate CDBG funds which will be targeted towards economic development. There is a significant and growing need for affordable housing,and agencies including CHDOs with the ability to successfully develop new units in Kitsap County. However,the lack of funding available to develop new units,and rehabilitate existing aging housing, has resulted in a growing gap.Cuts to federal Consolidated Plan BREMERTON 53 OMB Control No:2506-0117(exp.07/31/ZO15) and state funds for affordable housing have resulted in almost no new development of subsidized housing units over the last few years. If funds continue to decline,this trend will continue. Availability of services targeted to homeless persons and persons with HIV and mainstream services Homelessness Prevention Available in the Targeted to Targeted to People Services Community Homeless with HIV Homelessness Prevention Services Counseling/Advocacy X Legal Assistance X Mortgage Assistance X Rental Assistance X X Utilities Assistance X Street Outreach Services Law Enforcement X Mobile Clinics X X Other Street Outreach Services X X Supportive Services Alcohol&Drug Abuse X Child Care X X Education X Employment and Employment Training X Healthcare X X HIV/AIDS X Life Skills X Mental Health Counseling X Transportation X Other X Table 16-Homeless Prevention Services Summary Describe how the service delivery system including, but not limited to,the senrices listed above meet the needs of homeless persons (particula�ly chronically homeless individuals and families,families with children,veterans and their families,and unaccompanied youth) The City of Bremerton homeless response system is coordinated through the Kitsap Continuum of Care Coalition, comprised of 40+organizations providing prevention rental assistance,emergency shelter beds,transitional housing units, rapid rehousing subsidies,and permanent supportive housing units in tandem with a wide range of progressive engagement case management and tailored supports. Kitsap's Consolidated Plan BREMERTON 54 OMB Control No.2506-0117(exp.07/31/2015) coordinated entry program,the Housing Solutions Center, provides intake, assessment,and referrals for all households experiencing housing instability and homelessness. The Housing Solutions Center refers households to appropriate emergency housing resources and maintains a community-wide waiting list for emergency housing. Chronically homeless individuals are currently under-served in Kitsap,with few programs targeting their needs. Kitsap Community Resources provides a wide range of social services, including housing and supports,for homeless families. Veterans receive prevention funding through the Kitsap Veterans Assistance Fund,and rental assistance and case management through the Veterans Assistance and Supportive Housing(VASH)voucher and the Supportive Services for Veteran Families (SSVF) program. The Coffee Oasis provides a wide array of services for unaccompanied homeless and street-oriented youth,drop-in centers,case management,job training, and a youth shelter. Describe the strengths and gaps of the service delivery system for special needs population and persons experiencing homelessness, including, but not limited to,the services listed above The strength of the Kitsap homeless response system is in the leadership from elected officials and social service providers through the Kitsap Continuum of Care Coalition. Kitsap's coordinated entry system,the Housing Solutions Center, is recognized as one of the best programs of its kind in the state. Other strengths include accurate data collection through the Kitsap Homeless Management Information System and data sharing between organizations,with periodic analysis and reports being generated. The Kitsap Coordinated Grant Application Process ensures effective investment of public funds and efficient grant administration. Despite great improvements in provision of housing and services to people experiencing homelessness, and a vastly improved capacity over the last 10 years,specific barriers and gaps to our community's capacity to assist all people who are homelessness have been identified.These barriers and gaps are the underlying causes of Kitsap's inability to meet the needs of all homeless residents at this time. They include: • Insufficient funding • Increased demand • Limited capacity—both in housing stock and services,and in providers'ability to expand service provision The following needs and gaps in homeless housing and resources have been identified: • Emergency shelter for single men, men with children,couples,and large families • Housing and services for homeless individuals entering the community from jails,correctional facilities,foster care, hospitals,and mental institutions,and who are chronically unsheltered. • Overnight Shelter Consolidated Plan BREMERTON 55 OMB Control No.2506-0117(exp 07/31/2015) • Harm Reduction housing(for chronically unsheltered individuals) • Additional units of Permanent Supportive Housing • Coordination of case management both between homeless providers and among other systems of care • Cross-sector leadership � Citizen outreach and communication Integration of planning efforts The 2015 Kitsap Homeless Housing plan includes additional detail about the needs and gaps in the current homeless response system. Provide a summary of the strategy for overcoming gaps in the institutional structure and service delivery system for carrying out a strategy to address priority needs The 2015 Kitsap Homeless Housing Plan includes a strategic plan,comprising five goals with supporting strategies and action steps. Indicators of success are included for each goal. The overall goal of the Plan is to work together as a community to make homelessness a rare, brief,and one time occurrence in Kitsap County through an efficient and effective homeless response system. 1) Make homelessness rare (prevention strategies). 2) Make homelessness brief(crisis response strategies). 3) Make homelessness one-time (ensure long-term housing stability strategies). 4) Continuously improve the homeless response system (increase capacity and efficiency strategies). 5) Expand community engagement (leadership, planning, and communication strategies). Consolidated Plan BREMERTON 56 OMB Control No•2506-0117(exp 07/31/2015) SP-45 Goals - 91.415, 91.215(a)(4) Goals Summary Information Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 1 Preserve and 2016 2020 Affordable Affordable Housing Rental units constructed: Increase Affordable Housing 16 Household Housing Unit Housing Rental units rehabilitated: 12 Household Housing Unit Homeowner Housing Added: 20 Household Housing Unit Homeowner Housing Rehabilitated: 12 Household Housing Unit Direct Financial Assistance to Homebuyers: 55 Households Assisted Consolidated Plan BREMERTON 57 OMB Control No:2506-0117(exp 07/31/2015) Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Indicator Order Year Year Area 2 Increase economic 2016 2020 Non-Housing Economic CDBG: Facade treatment/business opportunities Community Development $1,014,000 building rehabilitation: Development 10 Business Jobs created/retained: 351obs Businesses assisted: 20 Businesses Assisted 3 Public Facilities-City 2016 2020 Non-Housing Public Facilities CDBG: Public Facility or Infrastructure Community $357,500 Activities other than Development Low/Moderate Income Housing Benefit: 5620 Persons Assisted 4 Abate Blight 2016 2020 Non-Housing Abatement of CDBG: Public Facility or Infrastructure Conditions Community Blight Conditions $195,000 Activities other than Development Downtown Low/Moderate Income Housing Benefit: 965 Persons Assisted Facade treatment/business building rehabilitation: 5 Business 5 Economic 2016 2020 Non-Housing Economic CDBG: Jobs created/retained: Development-City Community Development $292,500 65 Jobs Wide Development Businesses assisted: 220 Businesses Assisted Consolidated Plan BREMERTON 58 OMB Control No 2506-0117(exp.07/31/2015) Table 17—Goals Summary Goal Descriptions 1 Goal Name Preserve and Increase Affordable Housing Goal The City has a high percentage of renters and a low vacancy rate. Because of the low-income population of the city, Description affordable housing is critically important. The City of Bremerton will preserve and expand the supply of affordable housing through the award of funds for projects which create new units of housing through new construction and acqusition; rehabilitation and weatherization of homeowner units; rehabilitation of rental housing units;and direct homebuyer assistance for the purchase of homes. The City of Bremerton will continue to support fair housing strategies and initiatives designed to affirmatively further fair housing choice. 2 Goal Name Increase economic opportunities Goal Lack of economic opportunities ranked as the number one issue facing our community.The city plans to place a strong Description emphasis on economic opportunities focusing on its downtown core by implementing facade improvements, and abatement of blight conditions for commercial opportunities.The city also supports business development, education,and sustainabilty. City of Bremerton will fund economic development programs that increase economic self-sufficiency for low-income individuals and create jobs.This will take place in the downtown CDBG target area. Projects will include commercial rehabilitation, public facilities and improvements,job trainings, microenterprise development,and creating or retaining jobs. � 3 Goal Name Public Facilities-City Goal Facade improvements in designated blight zone, creation of green/walkable streetscapes. Creation of parks/recreation Description activities,fire prevention improvements, street improvements,community/neighborhood centers. 4 Goal Name Abate Blight Conditions Goal Support the abatement of blight in the designated downtown blight zone by mitigating code violations, improving safety Destription issues such as fire suppression systems and seismic upgrades. Consolidated Plan BREMERTON 59 OMB Control No 2506-0117(exp.07/31/2015) 5 Goal Name Economic Development-City Wide Goal This will focus on business education programs to help create or sustain jobs thereby improving economic stability for Description Bremerton residents. Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.315(b)(2) 31%-50%AMI-16 households 51%-80%AMI-55 households Consolidated Plan BREMERTON 60 OMB Control No:2506-0117(exp 07/31/2015) Consolidated Plan BREMERTON 61 OMB Control No•2506-0117(exp.07/31/2015) SP-65 Lead-based Paint Hazards - 91.415, 91.215(i) Actions to address LBP hazards and increase access to housing without LBP hazards All housing funded with CDBG constructed before 1978 must comply with lead-based paint regulations at 24 CFR Part 35.The purpose of the regulation is to identify and address lead-based paint hazards before children are exposed to lead. All housing projects are required to complete the Lead Safe Housing Requirements Screening Worksheet. The worksheet is used to determine if the project is Exempt or if additional follow-up is required.The City of Bremerton has specific policies and procedures in place for lead disclosure, lead evaluation and assessment and lead safe work practices. The potential for lead is also evaluated during the environmental review of projects funded with CDBG, including non-housing projects. Projects where lead is suspected are required to have a risk assessment performed and a written report with recommendations for action completed. How are the actions listed above integrated into housing policies and procedures? The City of Bremerton has policies and procedures that follow Lead Safe Housing Rules.All housing funded with CDBG funds must follow these requirements. Consolidated Plan BREMERTON 62 � OMB Control No:2506-0117(exp.07/31/2015) SP-70 Anti-Poverty Strategy- 91.415, 91.215(j) Jurisdiction Goals, Programs and Policies for reducing the number of Poverty-level Families Although the City of Bremerton does not have a stated strategy or plan for reducing the number of poverty-level families,the City works with area service providers,the faith-based community, local business and other governmental entities to address poverty in the community. Most existing programs serve low-income individuals and families and many are targeted to specific populations such as the elderly,disabled,veterans, homeless,etc.They are not necessarily specifically targeted towards those below the federal poverty level. How are the Jurisdiction poverty reducing goals, programs,and policies coordinated with this affordable housing plan The City of Bremerton has many different programs,and pubiic funding sources,directed at low-income individuals and families including those in poverty.The primary goal of this plan is to focus a portion of CDBG funds on housing, particularly housing for households with incomes below 50%of area median income.These households are the most cost burdened and are often forced to make difficult choices about food and medical care in order to maintain housing. While the City of Bremerton will not use funds for services that meet basic needs,the City believes that by creating more economic opportunities citizens will have the chance to help bring themselves out of poverty and promote self-sufficiency such as programs that promote employment and create jobs. Consolidated Plan BREMERTON 63 OMB Control No•2506-0117(exp.07/31/2015) SP-80 Monitoring- 91.230 Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements The City of Bremerton Block Grant staff conduct annual desk and on-site subrecipient monitoring of eligibility, performance,compliance, regulations and accomplishments as well as tracking financial data. The City and County together have established clear policies and procedures for carrying out this responsibility. Kitsap County is responsible for monitoring eligibility, performance,compliance, regulations,and accomplishments as well as tracking financial data for HOME Consortium funds.The City is responsible for City CDBG funds. Each sub-recipient must sign a contract with the City outlining roles and obligations of the City and sub- recipient and laying out the framework for the monitoring requirements.All contracts contain timelines and scope of work to promote timeliness of expenditures and compliance with specific goals and requirements.The project manager is responsible for clearly conveying the requirements described in the agreement to the sub-recipients. Throughout the year,sub-recipients are responsible for submitting quarterly reports,quarterly demographics, budget reconciliation forms,and each voucher is accompanies by a summary of appropriate back-up copies of original receipts and checks.Questions of capacity and expertise are reviewed through this process,and supported where necessary by technical assistance, resource referral,or guidance. Information collected throughout the year is used to provide direction for on-site monitoring at least once a year. Quarterly reports are used to determine funding eligibility and timeliness of expenditures. In addition to monitoring specific projects under contractual agreements, Block Grant staff provides resource material, information, instruction,guidance and referrals proactively to organizations in need of support. Each program year, Block Grant staff conducts an initial desk-monitoring,followed by an on-side sub- recipient review of project and program records related to grant performance and fiscal accountability. The purpose of the review is to assess performance against the agreement,and to verify all federal state and local regulations are satisfied. Where required, monitoring for affordability is also perFormed on site. Housing Quality Standards(HQS) inspections are performed consistent with HUD requirements by qualified inspectors and reviewed or completed by Block Grant project managers. Each on-site monitoring follows specific procedures and a written checklist that is maintained in the files. Letters of findings with a specific timeline for resolution are written to each contract sub-recipient.Sub-recipients are monitored in a timely manner for compliance with these written requests,and given assistance or guidance where necessary. Consolidated Plan BREMERTON 64 OMB Control No:2506-0117(exp 07/31/2015) Consolidated Plan BREMERTON 65 OMB Control No�2506-0117(exp 07/31/2015) Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction Kitsap County the City of Bremerton together formed a consortium for Home Investment Partnership(HOME)funds from HUD. The County is the lead agency responsible for administration of HOME funds.The City of Bremerton receives a direct allocation of CDBG funds from HUD and is responsible for administration of their funds. Anticipated Resources Program Source Uses of Funds Expected Amount Available Year 1 Expected Narrative Description of Annual Program Prior Year Total: Amount Funds Allocation: Income: Resources: $ Available $ $ $ Reminder of ConPlan $ CDBG public- Acquisition The City of Bremerton will release Request for federal Admin and Funding Proposals based on the City's Planning geographic priorities of the Downtown Economic Residential Target area,the Slum and Blight Development target area,or for Economic Development in Housing the City as a whole. RFP's will also focus on Public the City's priorities of use of funds which Improvements include: economic development, housing, Public Services public facilities, and abatement of slum and blight. The City strongly encourages applicants to leverage funds from other resources including State resources, private 390,000 0 0 390,000 1,560,000 resources,or other public resources. Consolidated Plan BREMERTON 66 OMB Control No 2506-0117(exp.07/31/2015) Table 18-Expected Resources—Priority Table Explain how federal funds will leverage those additional resources (private,state and local funds), including a description of how matching requirements will be satisfied At the time of application,all applicants for CDBG or HOME funds must submit a Sources of Funding form to indicate what other funding is expected to be used for the project.All HOME projects must indicate what they will use as match for their project. When a written agreement is executed for projects awarded CDBG or HOME funds, agencies must update the sources of funding and provide a detailed budget to show how expected funds will be used. For HOME funded projects, documentation of commitment for all other funding in the project is required before funds are committed and a written agreement is executed. Consolidated Plan BREMERTON 67 OMB Control No 2506-0117(exp.07/31/2015) Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Goal Name Start End Category Geographic Needs funding Goal Outcome Indicator Order Year Year Area Addressed 1 Preserve and 2016 2020 Affordable Increase Affordable Housing Housing 2 Increase economic 2016 2020 Non-Housing Economic CDBG: Facade treatment/business building opportunities Community Development $1,014,000 rehabilitation: 10 Business Development Jobs created/retained:35 Jobs Businesses assisted: 20 Businesses Assisted 3 Public Facilities-City 2016 2020 Non-Housing CDBG: Public Facility or Infrastructure Community $357,500 Activities other than Low/Moderate Development Income Housing Benefit: 5620 Persons Assisted 4 Abate Blight 2016 2020 Non-Housing CDBG: Public Facility or Infrastructure Conditions Community $195,000 Activities other than Low/Moderate Development Income Housing Benefit: 965 Persons Assisted Facade treatment/business building Irehabilitation: 5 Business 5 Economic 2016 2020 Non-Housing Economic CDBG: lobs created/retained: 65 Jobs Development-City Community Development $292,500 Businesses assisted: 220 Businesses Wide Development Assisted Table 19—Goals Summary Consolidated Plan BREMERTON 68 OMB Control No:2506-0117(exp.07/31/2015) Goal Descriptions 1 Goal Name Preserve and Increase Affordable Housing Goal The City has a high percentage of renters and a low vacancy rate. Because of the low-income population of the city, Description affordable housing is critically important.The City of Bremerton will preserve and expand the supply of affordable housing through the award of funds for projects which create new units of housing through new construction and acqusition; rehabilitation and weatherization of homeowner units; rehabilitation of rental housing units; and direct homebuyer assistance for the purchase of homes.The City of Bremerton will continue to support fair housing strategies and initiatives designed to affirmatively further fair housing choice. 2 Goal Name Increase economic opportunities Goal Lack of economic opportunities ranked as the number one issue facing our community. The city plans to place a strong Description emphasis on economic opportunities focusing on its downtown core by implementing facade improvements, and abatement of blight conditions for commercial opportunities.The city also supports business development,education, and sustainabilty. City of Bremerton will fund economic development programs that increase economic self-sufficiency for low-income individuals and create jobs.This will take place in the downtown CDBG target area. Projects will include commercial ' rehabilitation, public facilities and improvements,job trainings, microenterprise development, and creating or retaining jobs. 3 Goal Name Public Facilities-City Goal Facade improvements in designated blight zone,creation of green/walkable streetscapes. Creation of parks/recreation Description activities,fire prevention improvements, street improvements,community/neighborhood centers. 4 Goal Name Abate Blight Conditions Goal Support the abatement of blight in the designated downtown blight zone by mitigating code violations, improving safety Description issues such as fire suppression systems and seismic upgrades. Consolidated Plan BREMERTON 69 OMB Control No�2506-0117(exp 07/31/2015) 5 Goal Name Economic Development-City Wide Goal This will focus on business education programs to help create or sustain jobs thereby improving economic stability for Description Bremerton residents. Consolidated Plan BREMERTON 70 OMB Control No�2506-0117(exp.07/31/2015) AP-35 Projects - 91.420, 91.220(d) Introduction # Project Name 1 CDBG Administration 2 Facade Improvement 3 Blight Abatement 4 Kitsap Community Resources-Business Education Support and Training 5 Kitsap Community Resources-Weatherization and Minor Home Repair 6 Community Frameworks-Built in Bremerton 3 Table 20—Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Consolidated Plan BREMERTON 71 OMB Control No�2506-0117(exp.07/31/2015) AP-38 Project Summary Project Summary Information 1 Project Name CDBG Administration TargetArea Goals Supported Needs Addressed Funding CDBG: $78,000 Description CDBG Grant administration is the general management and coordination of the CDBG/HOME programs, including federal regulation compliance, annual monitoring, citizen participation and development of other sources of funding for community development. 20%of our CDBG entitlement may be used for planning and administrative costs to deliver the CDBG program requirements. Target Date 12/31/2016 Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Attivities 2 Project Name Facade Improvement Target Area Goals Supported Increase economic opportunities Needs Addressed Economic Development Consolidated Plan BREMERTON 72 OMB Control No:2506-0117(exp.07/31/2015) Funding CDBG: $235,629 Description Funding will pay for the improvement and repurposing of the building fa�ade on Fourth Street for three vacant properties which have sat vacant for 4 decades.This funding will improve the appearance and appeal of the property and increase the likelihood of future redevelopment of the property,and the block. Target Date 12/31/2016 Estimate the number and type This project will provide an area wide benefit to a low-income population in the surrounding area and a of families that will benefit struggling downtown which has been a designated blight zone since 1977. Eventually this redevelopment from the proposed activities will lead to increased economic opportunities and affordable housing for the downtown area. Location Description 228/230& 252 4th Street Planned Activities Facade improvements for a vacant building in a block with over 50%of vacant buildings. 3 Project Name Blight Abatement TargetArea Goals Supported Increase economic opportunities Abate Blight Conditions Needs Addressed Abatement of Blight Conditions Downtown Funding CDBG:$39,OQ0 Description Funding will go towards mitigating code violations by installing a fire suppression sprinkler systems.This building has been vacant since 1983 and by installing this sprinkler it would bring the building up to . current building codes and allow for occupancy. Target Date 12/31/2016 Estimate the number and type This project wil� provide for the eventual repurposing of the building for a live/work space creating job of families that will benefit opportunities and affordable housing. from the proposed activities Location Description 249 4th Street Consolidated Plan BREMERTON 73 OMB Control No.2506-0117(exp 07/31/2015) Planned Activities 4 Project Name Kitsap Community Resources-Business Education Support and Training TargetArea Goals Supported Economic Development-City Wide Needs Addressed Economic Development Funding CDBG: $59,000 Description Funds will support 1 full-time,ifedicated staff member at Kitsap Community Resources to manage all aspects of the program, including marketing and enrollment, business training classes, business support groups, one-on-one technical assistance,workshops, micro lending through Washington CASH. This project seeks to provide the tools needed for an individual to reach financial sustainability through entrepreneurship. Target Date Estimate the number and type In 2016 BE$T plans to guide and support 79 Bremerton and Kitsap County residents as they create small of families that will benefit tax-paying businesses. from the proposed activities • Location Description Consolidated Plan BREMERTON 74 OMB Control No 2506-0117(exp.07/31/2015) Planned Activities • Four Get Ready Workshops&Orientations for 79 individuals • Four Business Training classes for 64 individuals that complete the training class • 80 sessions of one-on-one technical and legal counseling and assistance • 20 Business Support Group meetings for 60 individuals • Eight advanced workshops on business topics for 60 attendees • Eight volunteers logging 100+hours • 2016 BE$T Annual Showcase to provide opportunity for graduates to display and sell their products and services to the community. For the activities identified above, approximately half of the participants will be Bremerton Residents. 5 Project Name Kitsap Community Resources-Weatherization and Minor Home Repair TargetArea Goals Supported Preserve and Increase Affordable Housing Needs Addressed Affordable Housing Funding CDBG:$17,871 Description Funds will provide weatherization and minor home repair services for 6 income eligible homes within the City of Bremerton 2016-2020 Consolidated Plan target area.This will include installing measures which improve energy efficiency such as insulation, blower door testing to assess heat leakage,ductless heat pumps and combustion safety evaluation. It will also include minor home repairs that may include repair or replacement of a leaking roof, as well as health and safety improvements such as repairing wiring and plumbing. Extra emphasis will be placed on increasing accessibility in rental units by installing wheelchair ramps, and in-shower grab bars. Target Date 12/31/2016 Consolidated Plan BREMERTON 75 OMB Control No:2506-0117(exp.07/31/2015) Estimate the number and type of families that will benefit from the proposed activities Location Description 6 low income households Planned Activities 6 Project Name Community Frameworks-Built in Bremerton 3 TargetArea Goals Supported Preserve and Increase Affordable Housing Needs Addressed Affordable Housing Funding CDBG:$169,809 Description HOME funds will be used to provide Down Payment Assistance (DPA)for approximately 12 homebuyers participating in the Built in Bremerton homeownership program, and to pay administrative costs such as affirmatively marketing the program and processing homebuyer applications and closings. Built in Bremerton is a local homeownership program in which Community Frameworks purchases vacant foreclosed, or otherwise dilapidated homes within the Bremerton City Limits. The homes are rehabilitated and made available for sale to low-income homebuyers who fall under the 80%Area Median Income limits. Target Date 12/31/2017 Estimate the number and type 12 low income homebuyers of families that will benefit from the proposed activities Location Description Planned Activities Consolidated Plan BREMERTON 76 OMB Control No 2506-0117(exp.07/31/2015) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement(including areas of low-income and minority concentration)where assistance will be directed The City of Bremerton is generally characterized by lower income neighborhoods. According to HUD Low-Mod Income Summary Data, it has the highest concentration of low-income households in Kitsap County with approximately 62%of the households in the City at or below 80%of the area median income.The downtown/residential core NRSA where all of the CDBG funding will be directed has a percentage of Low/Mod of 72%with the median household income at$30,931 which is significantly lower than the City's median household income at$43,183 and the County's at$62,413. In addition,the City of Bremerton has one designated blight zone: its Downtown Core. 55%of these funds will be targeted in this area with 10% broken down to help abate blight conditions in the blight zone.The remaining 15%will be available for economic development projects city-wide.All of the City of Bremerton's funding is directed to programs and projects which address the needs of individuals and families with incomes at 80%and below area median income, as established by HUD. Most projects in 2016 are able to qualify under area benefit, particularly public facilities serving the City as a whole. Bremerton does not generally have geographic concentrations of racial/minority groups but racial/minority population counts are on the rise. Geographic Distribution Target Area Percentage of Funds C DBG Target Area 65% I Table 21-Geographic Distribution Rationale for the priorities for allocating investments geographically eased on community outreach and surveys the number one issue facing the City was lack of economic opportunities.The City also has a downtown which has been a designated blight zone since 1977. By investing in downtown the City hopes to create commercial investment and housing units which will greatly impact the economy of the City. Consolidated Plan BREMERTON 77 OMB Control No 2506-0117(exp.07/31/2015) AP-85 Other Actions - 91.420, 91.220(k) Introduction During preparations of the 2016-2020 Consolidated Plan a community survey was used to help identify the obstacles to meeting underserved needs. Survey information along with information provided by agencies and data from the Community Needs Assessment indicated the following barriers faced by persons attempting to obtain services in the community: lack of economic opportunities, lack of affordable housing, and not enough services for low income people. In 2016 the City will be funding facade improvement in the downtown core.This facade improvement will take place in a designated blight zone for a building which will have units of affordable housing,as well as commercial space for the creation of economic opportunities.With this initial investment in the downtown core to rehab buildings which have been vacant since the 1980's there will be a drive for increased economic opportunities in the downtown core.The Bremerton/Kitsap Consolidated Plan identifies goals and strategies for economic development, and have strategically positioned themselves to prioritize projects which can effectively carry out Economic Development projects.This year not only the Council approve funding allocation for facade improvements downtown, but it also adopted a 15%set-aside of available CDBG funds for Economic Development projects.This was awarded to Kitsap Community Resources Business Education Support and Training program which has a track record of success in Kitsap County and will plan on serving 37 Bremerton residents.The objectives and strategies of the 2016-2020 Consolidated Plan are generally focused on improving economic opportunities,and improving Bremerton's affordable housing stock. Actions planned to reduce lead-based paint hazards The City of Bremerton has allocated funds towards Blight abatement and Weatherization and minor home repair.Within the uses of these funds there is an incentive to assess lead-based paint hazard risks and abate as needed.The City of Bremerton HOME funds will be allocated to Community Frameworks for their Built in Bremerton program which conducts lead-based paint abatement on a case-by-base basis. Consolidated Plan BREMERTON 78 OMB Control No:2506-0117(exp.07/31/2015) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(I)(1,2,4) Introduction Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table.The following identifies program income that is available for use that is included in projects to be carried out. Community Development Block Grant Program(CDBG) Reference 24 CFR 91.220(I)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table.The following identifies program income that is available for use that is included in projects to be carried out. 1.The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2.The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3.The amount of surplus funds from urban renewal settlements 0 4.The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5.The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1.The amount of urgent need activities 0 2.The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit-A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income.Specify the years covered that include this Annual Action Plan. 100.00% Consolidated Plan BREMERTON 79 OMB Control No 2506-0117(exp.07/31/2015) Distussion The City of Bremerton has not budgeted program income into its 2016 estimate of anticipated, available CDBG funding. However, if CDBG program income is received during 2016, it will be used prior to making additional draws from the City's HUD line of credit to offset expenditures for projects or Administration included in the Action Plan,as allowable.Any grant funds not expended due to receipt of program income will be carried forward to the next funding year. The City of Bremerton does not have any float funded activities, proceeds from Section 108 loan guarantees,surplus funds from an urban renewal settlement,or funds returned to the line of credit. Every activity funded with CDBG funds must benefit low-income persons in our community,or abate blight conditions.The method for determining benefit depends on the nature of the activity, but overall, the City must ensure that at least 70%of the aggregate CDBG expenditures be for activities benefitting low-income persons. Most of the City's CDBG funded activities will meet this criteria. Consolidated Plan BREMERTON 80 OMB Control No•2506-0117(exp 07/31/2015) w Consolidated Plan BREMERTON 81 OMB Control No:2506-0117(exp.07/31/2015) AGENDA B{LL CITY OF BREMERTON � CITY COUNCIL SUBJECT: Public Hearing and adoption of Study Session Date: Nov. 10, 2015 Resolution No. 3254 approving the 2016 COUNCIL MEETING Date: Nov. 18 & 23, 2015 Community Development Block Grant Department: DCD-Block Grant (CDBG) and HOME funding Presenter: Sarah Achaoui recommendations for inclusion in the 2016 Phone: 306-473-5375 CDBG/HOME Action Plan SUMMARY: On September 2, 2015 City Council approved the 2016 CDBG/HOME Policy Plan outlining the CDBG and HOME funding allocation process. Based on that policy, the program's Project Review Committee has developed 2016 funding recommendations for CDBG funding and the Coordinated Grant Review Committee has developed 2016 funding recommendations for HOME funding for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the City's 2016 Annual Action Plan. ATTACHMENTS: 1. Staff Memo 2. Resolution No. 3254 with Exhibits � Exhibit A: 2016 City of Bremerton CDBG Funding Recommendations Exhibit B: 2016 City of Bremerton HOME Funding Recommendations Exhibit C: 2016 City of Bremerton CDBG/HOME Project Descriptions FISCAL IMPACTS (Include Budgeted Amount): None. Block Grant is pass-through funding from the Department of Housing and Urban Development and these recommended sub-recipient grants are paid 100% through the City's CDBG and HOME grants. Administrative costs associated with the program, most of which are covered by the HUD grants, are approved in the Policy Plan and in the City's budget process. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ Generaf Business 0 Public Hearing RECOMAAENDED MOTION: Motion for November 18: Move to continue the Public Hearing to the City Council Special Meeting scheduled for November 23, 2015, at 5:30 p.m. Motion for November 23: Move to adopt Resolution No. 3254 approving the 2016 funding recommendations to be included in the 2016 Action Plan to HUD, and authorize the Mayor to finalize '�, and execute the contracts with substantially the same terms and conditions as presented once all funding has been secured and HUD has approved the Annual Action Plan. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 r,-�-=�.---- - -- ---_-_�_--__ _-_-:-;--- �' '��'"'�"'�`�' ' '� '� � '' DEPARTMENT OF i, r� ��.�° ��- --.. ; ,: ��' � ; i COMMUNITY DEVELOPMENT �I ` �Y '-Z+'_ l �� ._5 � °' � I i �� • i i �'` i,, L._� i I i� '!"%�:..� ' � �� ' MEMORANDUM i' - - � =�_ . . � ! I.I ' �j I � � I �'----- Funding trends for 2016: • The targeted approach to allocation of CDBG funds has resulted in 1)fewer grant conVacts for each granting jurisdiction,and more targeting of certain grants to particular needs(this year almost all homeless need is addressed through KRCC Homeless Housing Grant,for example),and all projects funded with Ciry CDBG money are within the Council allocated target areas and percentages. • Services: No public services were funded for the 2016 Program Year. • Capital:PRC paid special attention to funding projects that met feasibility/readiness criteria:this has become an important compliance consideration due to HUD's increased emphasis on project readiness and timely expenditure of funds. A 30-day public comment period was opened via legal notice in the Kitsap Sun, running from October 15 through November 15,2015.All comments received during this period will be provided to Council for consideration. Recommendations for awards to be funded by City of Bremerton CDBG or HOME programs will be presented to Bremerton City Council for approval on November 18 in a public hearing. All funding approvals are contingent upon estimated 2016 funding from the Department of Housing and Urban Devefopment(HUD),availability of reallocated funds from previous years,and program income.The Project Review Committee has developed funding contingency provisions in case the City receives more or less funding than anticipated. If approved,these funding recommendations will be submitted to HUD in the 2016 Annual Action Plan. Should you have any questions or concerns regarding any of these items please do not hesitate to contact Sarah Achaoui at(360)473-5375. RESOLUTION NO. 3254 A RESOLUTION of the City Council of the ,City of Bremerton, Washington, approving the 2016 CDBG/HOME Funding Recommendations for inclusion in the 2016 CDBG/HOME Action Plan. WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development, and also receives funding from HUD's Home Investment Partnerships (HOME) program through its participation in the Kitsap County HOME Consortium; and WHEREAS, the City of Bremerton has established a mandatory Policy Plan for the City's management of its HUD entitlement, including a citizen participation plan, application and review processes, eligibility, and implementation requirements for grant funded projects; and WHEREAS, the City of Bremerton conducts a competitive annual process based on the Policy Plan to determine allocation of CDBG and HOME entitlement; and WHEREAS, the City of Bremerton's 2016 Policy Plan Citizen Participation element establishes a Project Review Committee to assist the Department of Community Development in reviewing CDBG and HOME applications by interviewing applicants and recommending annual project allocation decisions to the Bremerton City Council; and WHEREAS, the City of Bremerton participates in a Coordinated Application process with Kitsap County Block Grant and the Kitsap Regional Coordinating Council for HOME and Homeless Housing Grant Programs which received one capital application eligible for HOME funding. The HOME Grant Recommendation Committee has reviewed, interviewed and discussed each of the eligible funding requests and formulated funding recommendations based on their review; and WHEREAS,the City of Bremerton had its own competitive Request For Proposal process for its CDBG entitlement which received 6 capital applications, and one economic development application, and all but one was forwarded to the Project Review Committee; and WHEREAS,the CDBG Project Review Committee has reviewed, interviewed and discussed each of the eligible funding requests and formulated funding recommendations and a funding contingency plan based on their review; and WHEREAS, the City of Bremerton Block Grant staff on Thursday, October 15, 2015 posted the CDBG and HOME recommendations to the City's website and advertised in the 1 2016 CDBG/HOME Funding Recommendation Kitsap Sun a 30-day written public comment period commencing October 15, 2015 and concluding November 18, 2015; and WHEREAS, any comments received during the advertised public comment period were provided to City Council for review; and WHEREAS, the Department of Community Development CDBG/HOME staff presents the Grant Review Committees HOME recommendations and the Project Review Committee's CDBG recommendations for CDBG funding and the Coordinated Grant Committee's recommendation for HOME funding to the City Council for adoption; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BKEMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The 2016 CDBG/HOME Funding Recommendations attached hereto as Exhibit A and B and further described in Exhibit C is hereby adopted and incorporated herein by reference, and will be included in the 2016 Action Plan to be submitted to the Department of Housing and Urban Development for approval. SECTION3. Severabilitv. 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 4. 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 , 2015. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk Exhibit A: CDBG Funding Recommendations Exhibit B: HOME Funding Recommendations Exhibit C: Project Descriptions 2 2016 CDBG/HOME Funding Recommendation _..----._------�--�---------......___...._.................._..__...__.---.. 2016 CDBG Funding Assumption_$390,000 Exhibit A Percentage of Award Allocation Estimated Available Funding Funding Requested Funding Recommended CDBG STAfF ADMINISTRATION FUNDING 20% $78,000 $78,000 $78,000 Contingency remmendation: Adminstration award will be preserved based on on percentage(209'0)of actual fundmg �received from HUD. � _.__.._. _....._ _. . ._ �CDBG CITVWIDE ECONOMIC DEVELOPMENT(ED)fUNDING 15% $58,500 KCR:BE$T Program $50,000 $58,500 Contingency remmendation. Citywide ED aword will be preserved based on percentage(153�)of octual funding received , from HUD. CDBG BLIGHT FUNDING 109'0 $39,000 Sound West Group: 279 4th Street Building Upgrades $39,000 $39,000 Contingency remmendation: Blight funding aword will be preserved bosed on percentage(103�)of actua/funding received from HUD. CDBG CAPTIAL PROJECT FUNDING 5590 $214,500 Sound West Group:4th Street Facade Improvements $196,629 $196,629 KCR: Weatherization and Minor Home Repair $50,000 $17,871 COB Parks-Evergreen Rotary Park"Missing Link" $168,950 $0 New Life CDA-Economic Empowerment Center $200,000 $0 CDBG Capital Project Funding Sub-Total $214,500 Contingency recommendation. Capital project funding will be preserved based on percentage(55�)of actuo/funding received from HUD. If al/ocation is$17,000 more than anticipated,COB Parks wil/be funded for the ADA wa/kway at vehicular entrance of Evergreen- Rotary park. Any increased allocation less an$17,000 will go toward KCR's weatherization and minor home repair projects. _ ..---------�------...–-------–--- — iTOTAL O ALF L PROPOSED FUNDING ALLOCATIONS FOR 2016 CDBG ^ _ $390,000 __ _ _---_ --- -- ---------------- NOTE:CDBG project amounts may be reduced to cover project/activity delrvery costs as outlmed in the 2016 CDBG/HOME Policy Plan _.._..__-.-------...._..... ._.__ ____...__._ 2016 HOME Funding Assumption: $187,565 Exhibit B Percentage of Award Allocation Estimated Available Funding Funding Requested Funding Recommended rCDBG STAFF HOME ADMINISTRATION FUNDING 10% $17,756 $17,756 517,756 I !Contingency remmendation: Adminstration award will be preserved based on on percentage(109'a)of actual funding recerved from HUD. - -- ---.....- - .. .. ....... .....---._._.__...._. _ _.,._----- ....__...... ....._...--- - - --..__... -.._..--- --. ..- - --- ---- - ---------._._......--•--......- -- --- - ------�--- ---- --- --- ---------,._...__._ iCITY OF BREMERTON HOME 909'0 $169,809 Community Frameworks-Built in Bremerton 3 $360,000 $169,809 ' NOTE:CDBG project amounts may be reduced to cover project/activity delivery costs as outlined in the 2016 CDBG/HOME Policy Plan The number of ind�viduals/households served reflects the number included in the application.Reduced funding may result in fewer individuals/households served.The number served will be adjusted at the time of constract execution based on the final amount of funds awarded _. . ................ ..........._._ ............._... . . . ... _ ... ._. ... _.._. .. .. _ . __ ... . . .._ :TOTAL OF ALL PROPOSED FUNDING ALLOCATIONS FOR 2016 HOME 5187,565 �__..___...-------....._________---- _..._...._. _�.-----..._....---- -----..__.........._..- ------------- --------- --- ...- ---- � 2016 CDBG/HOME Project.Descriptions Exhibit C ----._...---------...._.. - - - - . ._. ..---------- -- ---- ----- -...._... _._._..__----- ---- -------- ---___...------ -- ._. ....— --- - � iCOBG STAFF ADMINISTRATION FUNDING , ;Grant administration is the general management and coordination of the CDBG/HOME programs,inctuding federal regulation compliance,annual monitoring,citizen participation and idevelopment of other sources of funding for community development.20Yo of our CDBG entitlement may be used for planning and administrarie costs to delrver the CDBG program ', irequirements.Those funds not bemg used for administration and planing purposes w�ll be rolled into project use. � � , •CDBG CITYWIDE ECONOMIC DEVELOPMENT(ED)FUNDING Kitsap Community Resources:Business Education Support and Treining Funds will be used to support 79 Bremerton and Kitsap County residents in creating small taxpaying businesses through the Business Education Support and Training(BEST)program. Specifically the total estimated number of eremerton residents to be directly served by the BE$T program.Specifically the total estimated number of eremerton residents to be directly served by the BEST program as a participant in 2016 is 37.BE$T is a microenterprise program that provides business trainmg,ongoing business support,and facilitates access to capital to help clients with limited financial resources develop their business.In 2016 79 Bremerton and Kitsap County residents will be supported as they create small taxpaying businesses. _ .. . . .. ....... . _..._ .. _ _ . _ . .. . CDBG BLIGHT FUNDING Sound West Group: 279 4th Street Building Upgrades This project will help to address the blight conditions in the 279 4th street building which has been vacant since the 1980s.The work will address substantial code deficiencies by installing fire sprinklers to bring the building up to acceptable current building codes. CDBG CAPITAL PROJECT FUNDING Sound West Group:4th Street Facade Improvements Funds will be used to conduct fa4ade improvements for the remodeling and repositioning the properties to convert what is currently old,vacant commercial space into 30 modern, efficient apartments,with at least 20%of the units dedicated to affordable housing.The commercial use will be on the ma�ority of the ground floor areas of the buddings with the exception of the Sears building,where the ground floor will be dedicated to"live work",i.e.it may serve either for commercial or retail. Kitsap Community Resources-Weatherization and Minor Home Repair Funds will be used to provide Weatherization and minor home repair to 3 income eligible homes within the City of Bremerton 2016-2020 Consolidated Plan target area.This will include installing measures which improve energy efficiency such as insulation,blower door testing to assess heat leakage,ductless heatpumps and combustion safety evaluation.It will also include minor home repairs that may include repair or replacement of a leaking roof.Improvements in rental properties will be allowed in limited cases for ADA improvements such as wheelchair ramps.Funds from this request will be used for labor and materials and improvements only. City of Bremerton Parks and Recreation-Evergreen Rotary Park,Completing the Missing Link(Only Recommended in Contingency Funding) Funds will go towards completing the missing sidewalk,curb ramps and pathway links at Evergreen Rotary Park resulting in nearly one continuous mile of accessible walkway;enhancing the park's recreational value and providing safe travel of persons with disabdities. New Life Community Devetopment Agency-Marvin Williams/Birkenfield Economic Empowerment Centers(Not Recommended for Funding) Funds will go towards the construction of the Marvin Williams/eirkenfield Economic Empowerment Center.This facility is a 20,000 square foot building with the two facdities that will be distinguished by wings.The Marvin Williams Center will occupy approximately 16,000 sf and the Birkenfield Economic Empowerment Center will occupy 4,000 sf. HOME PROIECT FUNDING Community Fremeworks-Built in Bremerton 3 Funds will be used as Down Payment Assistance(DPA)for approximately 12 homebuyers participating in the Built in eremerton homeownership program,and to pay administrative costs such as affirmatively marketing the program and processing homebuyer applications and closings.Built in Bremerton is a local homeownership program in which Commun�ty Frameworks. purchases vacant foreclosed,or otherwise dilapidated homes within Bremerton City Limits.The homes are rehabilitated and made available for sale to low-income homebuyers who fall under the 809�o Area Median Income limits. AGENDA BILL CITY OF BREMERTON �C CITY COUNCIL .......................................................................................� SUBJECT: Public Hearing on Revenue Study Session Date: Budget Workshops Sources for the 2016 Proposed Budget COUNCIL MEETING Date: November 18, 2015 Department: Financial Services Presenter: Cathy Johnson Phone: 360-473-5296 SUMMARY: Tonight's public hearing is to take comments on the revenue sources for the 2016 Proposed Budget. The proposed budget anticipates property and EMS levy increases of the full 1% allowed by law, leaves the utility taxes/PILOT rates unchanged leaves, but changes the allocation, commercial parking tax rates unchanged, adjusts for the annual $20,000 increase to the B&O tax exemption rate, incorporates utility rate increases and includes interfund transfers between funds where appropriate, etc. Overall, revenue projections throughout all funds remain conservative. ATTACHMENTS: 2016 Revenue Sources—All Funds The 2016 Proposed Budget and related budget workshop presentations may be found on the City's website at www.ci.bremerton.wa.us. FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund revenue, without beginning fund balance, is $38,389,195. With beginning fund balance, total general fund revenue is $42,882,497. Total proposed revenue city wide, without beginning fund balance, is $113,578,377. _With beginning fund balance, total revenue city wide is $152,931,712. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION: Open the public hearing for comments. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue � No Action Form Updated 11/02/12 2016 REVENUE SOURCES -ALL FUNDS BEG LIC. INTER- CHARGES FINES 2016 FUND AND GO�"T FOR AND OTHER TOTAL FIfND BAI.,. TAXES PER111TS REVENUE SERVICE FORFEITS REVENUE BtiDGET General Fund General Government: City Council 124,574 124,574 Executrve 134,107 134,107 Financial Scrvices 2,743,420 �00,700 562,561 48,000 3,854,681 Legal 430,870 430,870 Human Resources 253,944 253,944 Community Development 503,500 346,620 100,000 950,120 Municipal Coun 12,200 368,525 288,700 50,300 719,725 City Aud�tor 30,047 30,047 Law Enforcement 5,700 426,074 228,000 5,300 7�00 672,274 Fire/Emergency Medical 1,216,000 4,700 1,350 550?>0 4,500 5,000 1,781,800 Police&Fire Pens�on 52,707 52,707 General Facilities 193,583 106,080 299,663 Parks 270,350 62,150 332,500 Engmeenng 48,000 716,160 1,398,952 2,163,112 Non-Departmental 25,026,888 140,000 673,840 58,793 625,000 64,550 26,589,071 Begimm�g Fund Balance 4,493,302 4,493,302 Total General Fund 4,493,302 ?8,986,308 1,202,600 1,882,331 4,951,176 971,500 395,280 42,882,497 Soecial Revenue Funds: Street 466,030 590,000 860,000 357,376 974,100 3,247,506 Contmgency Reserve 730,840 53,500 784,340 LodgingTax 304,160 515,000 800 819,960 Parkmg Systcm 476,575 195,000 1,416,100 2,087,675 Comm Dev.Block Grant 19,086 589,000 50,000 60,000 718,086 AbatementRevolvmgPund 337,180 25,000 ],000 363,180 Police Special Pro�ects 484,263 15,000 53,500 552,763 Public Access Television 507,254 285,000 111,933 68,200 972,387 Gift&Donations Fund 51,934 4,250 56,184 Tnal Improvement 93,995 I 8,000 300 112,295 One Percent for Arts 51,226 8,900 300 60,426 Conference Center Oper 25,431 1,351,430 228,500 1,605,361 Total Spec.Rev.Funds 3,547,974 I,105,000 285,000 1,467,000 1,879,639 235,000 2,860,550 11,380,163 Debt Service Fund: 2010 LTGO 147,735 336,625 109,500 100,950 694,810 2010 UTGO/LTGO(B) 124,1 I 1 850,000 32,455 173,600 1,180,166 GovemmentCenterLTGO 84,143 343,000 427,143 2015 Public Safery Bond 0 530,000 530,000 Total Debt Service Fund 355,989 1,716,625 0 141,955 0 0 617,550 2,R32,119 Caoital Imorovement Funds: General Govt Caprtal Improv 510,823 820,000 4,000 1,334,823 Park Facilit�es Construction 50,809 5,000 � 783 56,592 Transportation Caprtal Pro�ects 308,570 2,683,625 108,000 3,100,195 Fire Public Safety Capital 4,430,000 4,430,000 Washmgton Ave Connector ?54,784 233,2?3 72,720 1,000 561,727 Total Capital Improv.Funds 5,554,986 820,000 0 2,921,848 72,720 0 113,783 9,483,337 Total General Gov't Funds 13,953;L51 3?,627,933 1,487,600 6,413,134 6,903,535 1�06,500 3,987.163 66,578,116 2016 REVENUE SOURCES -ALL FUNDS BEG LIC. INTER- CHARCES FINES 2016 Fli\D AND GOV'T FOR AND OTHER TOTAL FLiND BAL. TAXES PERMITS REVEIVUF. SERVICE FORFEITS REVENUE BIJDGET Enterorise Funds: Water Uulity 2,532,410 12,128,219 30,000 388,608 15,079,237 Water Capital 3,702,019 6,526,000 10,228,019 Wastewater Ut�liry 4,035,669 33,000 14,667,447 20,000 86,000 18,842,116 Wastewater Cap�tal 3,288,833 1,002,000 6,435,000 10,725,833 Stormwater Utilrty 235,473 22,000 3,000,000 6,800 21,000 3,285,273 StormwaterCapital 1,762,405 60,000 1,502,500 3,324,905 Utiliry Debt Reserve 1,746,455 641,900 2,388,355 Gold Mountain Golf Complex (30,141) 4,254,687 14,200 4,338,746 Total Enterprise Funds 17,273,123 33,000 0 1,084,000 34,050,353 56,800 15,615,208 68,112,484 Internal Service Funds: Risk Management 2,166,723 1,540,040 3,706,763 Self Ins Health&Welfare Reserve 348,000 4,764,900 5,112,900 Employment Secunty 554,821 35,000 589,821 Accumulated Leave Liability 514,278 165,000 679,278 ER&R Operations&Mamt 189,637 1,410,355 1,850 1,601,842 ER&R Eqwpment Reserve 4,085,991 956,000 68,384 5,110,375 Information Services 268,511 1,171,622 1,440,133 Total Internal Service Funds 8,127,961 0 0 0 8,302,877 0 1,810,274 18?41,112 Total Business Type Funds 25,401,084 33,000 0 1,084,000 42,353,230 56,800 17,425,482 86,353,596 Total All Funds 39,353,335 32,660,933 1,487,600 7,497,134 49,256,765 1,263,300 21,412,645 152,931,712 Revenue Sources -All Funds Fines 8 Forfeits Charges for Service $1,2�6�0,300 $49,256,765 Other Revenue 32% $27,412,645 74% Beginning Fund Balance $39,353,335 26% Intergovernmental $7,497,134 5% Taxes Licenses 8�Pertnits $32,660,933 $1,487,600 21% 1% . _ .. .. . . . ... _ . - . . . :...i.:.. . .. � _' __� � ♦ ! � � � 1 �� T `� �" •`'�4 :� ��r _ 1� � rt,+i . �'�.'r"�,`'� z��`r``� { n� ��L�r1i,♦ �: ��'�R� r+� ' �'��f�� - .�„�''' y �,.,, �, . 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',g t, �. 8��roN _. - • -- � __- - _ � �. __ . q �.�"�,��,'� ' ,....�,� � M_..e-_ x - _ --- -___ _ _ _ ._ / � � � T'F h'�I�r• , r "�n- _' �� -) � " . . .. . � � ^ . _. . � � . . —.. -.. __. . _.. _ _ . - . . . _ ' _ .�� i_"_ _"'__ - . ._ -� . — _' '_ -^�--_� — ._. — "— . � � � 1 � � 1 � ' � � � � . � � . � � • . . . � . . - � � � ' : I �3u et �� Pro ose �� p g G04C1 00 D ' " O • Proposed Budget Filed with City Clerk and Noticed as Available for Review Beginning October 21 St • City Budget Review Workshops — October 26th— Overview Governmental Funds — October 27th— Overview Enterprise Funds — November 2nd - Council Questions and Deliberations • Proposed Budget with Council revisions is posted on the City's website at www.Bremertonwa.�ov • Tonight's Public Hearing addresses Revenue Sources included in the 2016 Budget. • • �� Revenue onsl eratlons �� aoQ000 p o e Q • Includes general and EMS property tax increase of 1 % • Combined Utility Taxes/PILOT rates remain unchanged • Utility Tax on City owned utilities dedicated to the General Fund. • Commercial Parking Tax rate unchanged • B&O tax exemption increased by $20,000 to $ 140,000 resulting in a flat proj ection for B&O tax receipts to the General Fund • Miscellaneous rates and fees updated to reflect cost of providing service • Utility rates and fees updated • Includes interfund transfers between funds where appropriate (e.g. Abatement, REET, debt service, etc.) Cit -Wide Pro osed Revenue .,. Y p .. Bud et Com arison � g p : . . , � • � • � ' � � � • � I I � � . . ' � 1 i 1 � • i 1 � • � • • • , • Taxes $30,955,847* $32,660,933 $1,705,086 5.50% Licenses & Permits 1,317,400 1,487,600 170,200 12.91% Intergovernmental 8,685,677 7,497,134 -1,188,543 -13.68% Charges for Services 48,375,184 49,240,765 865,581 1.79% Fines & Forfeits 1,287,735 1,263,300 -24,435 -1.90% Other Revenue 5,453,608 5,696,821 243,213 4.46% Debt Proceeds 7,143,854 10,324,824 3,180,970 44.53% Transfers 7,238,054* 5,407,000 -1,831,054 -25.30% $110,457,359 $113,578,377 $3,121,018 2.83% * Adjusted for Accounting Change for Utility Tax on City Owned Utilities General Fund Revenue . . .:. Com arison . . � .� p . . • • • � ' � � � • � I I � � . . • � � : � � • : � . � . . . , � . Taxes $27,279,350* $28,986,308 $1,706,958 6.26% Licenses & Permits 1,037,400 1,202,600 165,200 15.92% Intergovernmental 2,255,367 1,882,331 -373,036 -16.54% Charges for Services 5,560,392 4,951,176 -609,216 -10.96% Fines & F'orfeits 979,700 971,500 -8,200 -.84% Other Revenue 235,480 235,280 -200 -0.00% Transfers 240,000* 160,000 -80,000 -33.33% $37,587,689 $38,389,195 $801,506 2.13% *Adjusted for Accounting Change for Utility Tax on City Owned Utilities General Fund Revenue S ourc e s �� : . .� . • 76% of General Fund resources are from taxes ' ' ' which are impacted by changes in the economy. ' � � � • � I � C � � • Taxes • Property taxes are the largest source of revenue. �- ---------- --------- — Budgeted at a 1% increase, property taxes account Property � 8,302,000 for 21% of total revenue or 29% of total taxes. Sales & Use 8,045,000 B & O 2,691,000 • Sales Tax (including Criminal Justice) is Utility Tax - private 4,439,000 projected to increase in 2016 and is 21% of total revenue and 28% of total taxes. Utility Tax.- city___ _ _ 5,327,888 Other 181,420 • Business and Occupation Tax remains flat in 2016 Total Taxes 28,986,308 ' at $2.69 million. Licenses & Permits ^ 1,202,600 Intergovernmental 1,882,331 • Budget anticipates that the diversion of utility tax --- -----------------�------��- from city owned utilities to the Street Fund is Charges for Services 4,951,176 eliminated. Fines & Forfeits 971,500 Other Revenue 235,280 Tr�n�fers 160,000 • T x vervlew �� Pro ert a p Y . . : . . . • Limited by statute to 1 % increase or inflation (IPD), plus new construction and annexations, unless otherwise approved by voters. For 2016 inflation is 0.251 %. • EMS levy limited by statute to $0.50 per $ 1 ,000 cap. • Voter approved Special Bond Levies are not restricted. • Property Tax Revenue includes $93,916 for new construction. • To levy the full 1 % increase, Council must declare a substantial need by a vote of a maj ority of the Council, plus one. • Council must formally establish the annual property tax levy amount by Ordinance and communicate such levy to the County Assessor no later than November 30th of the year prior to . collection. x Lev �� T �� Pro ert a y p y . : . . . • All figures are estimates based on preliminary numbers from the County (includes the full 1% increased allowed by law) — Estimated Assessed Value - $2,505 ,488,267 2016 Rate per 2015 Rate per Le _� $1,000 AV $1,000 AV iGeneral Fund General $ 7 086,000, $ 2.80; $ 2.95 Emergency Medical Service (EMS) 1 216,015 0.48 0.50, L�— iBond Debt Service Funds 2010 UTGO 865,000; 0.345 0.39, 2015 UTGO 565,000, 0.226; _� F es �� R es e �� enera at Q044 00 D " " O �ees and penalties charged to users of a service or those in violation of laws or regulations. • Updated fees and penalties to reflect changes in cost to provide the service — Rate Table B — Municipal Court — Rate Table F — Parks and Recreation Department — Rate Table G — Public Works and Utilities — Rate Table H — Bremerton Kitsap Access Television (BKAT) • New Fees • Rate Table C — Community Development • Technology Surcharge on Permits Utilit Rates for 2016 �� Y . : . . . . • , • � . , . � . . � . � . ; 1 • • . Water $.62 1.25% Sewer $2.42 2.25% Stormwater $.83 3.75% • Rates support expenditures for Operations and Maintenance, Capital Programs and Debt Service • Consistent with Utility Rate Study � 2013-2016 cumulative increases are below those anticipated in the rate study for the same period. . Utilit Rates for 2016 �� Y . : . . . • General Facilities Fees (GFCs) ➢ GFCs are imposed as a condition of service on new customers connecting to the system. The fee is based on a blend of historical and planned future capital investments in system infrastructure. ➢ The fees have not been updated since 2009. ➢ In 2014 the City contracted with FCS Group to update the GFCs for the Water, Wastewater and Stormwater Utilities. ➢ rI'he study provided the cost for one equivalent residential unit for each of the utilities (ERU/ISU) ➢ �'he proposed fees simplify the calculation of the wastewater GFC by basing the rate on the meter size and implement the increase over 3 years. ➢ Meetings were held with Citizen Rate Study group and Stakeholders. Utilit Rates for 2016 ... Y �� : . .� . • General Facilities Fees (GFCs) Wate r(pe r ERU) 2009 2016 2017 201� Based on meter size average normal flow j 5/8"x 3/4" (1) $ 2,511 $ 3,017 $ 4,449 $ 5,880 � � 1" (1) 2,511 3,017 4,449 5,880 I 1"Corrvnercial (1.37) 3,440 4,133 6,095 8,056 � 1 1/2" Commercial (8) 20,088 24,135 35,588 47,040 � 2"Commercial (8) 20,088 24,135 35,588 47,040 3"Commercial (20) 50,220 60,338 88,969 117,600 � 4"Co�runercial (40) 100,440 120,677 177,938 235�00 � Crreater than 4" Case by Case basis Wastewater(per ERU) Based on meter size average normal flow 5/8"x 3/4" (1) $ 3,801 $ 4,567 $ 5,715 $ 6,863 1" (1) 3,801 4,567 5,715 6,863 1"Commercial (1.24) 8,552 5,663 7,086 8,510 � 1 1/2" Commercial (7) 17,105 31,968 40,004 48,041 � 2" Commercial (7) 27,367 31,968 40,004 48,041 I 3"Commercial (18) 59,866 82,203 102,868 123,534 4"Commercial (36) 102,627 164,406 205,737 247,068 � Greater than 4" Case by Case basis Stormwater(per IHSU) $ 1,019 $ 1,731 $ 2,443 $ 3,157 ili Rates for 2016 :. Ut t y .. . : . . . • Miscellaneous Rates and Fees ➢ Rates have not changed since 2009 ➢ Updated to reflect the cost to provide service ext te s �� p . : . . . • Open public hearing • Based on public comments, Council will consider adoption of the following tonight: — �Zesolution No. 3255 re-establishing and amending City Rate and fees for 2016 — Ordinance No. 5288 amending Chapters 15.01 and 15.06 of the BMC and Ordinance No. 5265 relating to Assessments, Rates, Fees and Charges for Water, Wastewater and Stormwater Services — Ordinance I�To. 5289 amending Section 3.50 of the BMC relating to the Utility Taxes for Water, Wastewater and Stormwater Services ext te s �� p :. . :, . .- . • Based on comments, Council will consider adoption of the following at the special meeting of November 23 : — Resolution No. 3257 making a Declaration of Substantial Need for Purposes of Setting the Limit Factor for the General Property Tax Levy and EMS Levy for 2016 — Ordinance No. 52901evying Property Taxes for Collection in 2016 AGENDA BILL D CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on the 2016 Study Session Date: Budget Workshops Proposed Budget COUNCIL MEETING Date: November 18, 2015 (To receive public comment only...) Department: Financial Services Presenter: Cathy Johnson Phone: 360-473-5296 , SUMMARY: Tonight's public hearing is to take comments on the 2016 Proposed Budget. Budget workshops were held on October 26 and 27 where an overview of the Mayor's proposed budget was presented to the Council. On November 2, after answering questions raised regarding the budget, the Council deliberated and requested changes to the budget as presented. Those changes have been incorporated in the presentation for tonight's hearing. The 2016 budget, as proposed, is a status quo budget with minimal program changes. Revenue Sources were discussed at the public hearing preceding this item. Total budgeted expenditures, excluding ending fund balance, decrease by 1.2% over the 2015 amended expenditure budget. The net change to staffing is .11 FTE. It is anticipated that $10.27M in Water/Sewer Revenue bonds will be issued to fund utility capital programs. ATTACHMENTS: 2016 Expenditures —All Funds The 2016 Proposed Budget and related budget workshop presentations may be found on the City's website at www.ci.bremerton.wa.us. FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund expenditures, without ending fund balance, is $39,097,075. With ending fund balance, total general fund expenditures are $42,882,497. Total proposed expenditures city wide, without ending fund balance, is $115,562,099. With ending fund balance, total expenditures city wide are $152,931,712. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business Ox Public Hearing RECOMMENDED MOTION: Open the public hearing for comments. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue � No Action Form Updated 01/07/15 2016 EXPENDITURES -ALL FUNDS 2016 SUPPI,IES& DEBT CAPITAL ENDING TOTAL FUND PERSOVNEL SERVICES SERVICE OI;TLAY TRA'.�iSFERS FUND BAL BUDCET GeneralFund General Government: City Council 294,700 �3,356 338,056 Execuhve 273,400 90,528 363,928 Fmancial Services I,1?8,700 311,946 1,470,646 Legal Department 966,100 88,564 1,054,664 Human Resources 313,400 375,728 689,128 Commun�ty Development 1,220,500 318,879 55,000 1,594,379 Mumcipal Court 855,500 532,910 1,388,410 City Audrtor 75,300 6,240 81,540 La�v Enforcement 8,802,500 1,536,993 10,339,493 F�re/Emergency Medical 7,818,900 878,729 8,697,629 Police&Fue Pension 1,580,500 395,900 1,976,400 General Facilit�es 387,160 642,834 1,029,994 General Parks 1,953,600 749,669 12,972 2,716,241 Engmeer�ng 1,749.300 986,588 2,735,888 Non-Departmental 435,200 3,300,479 885,000 4,620,679 Endmg Fund Balance 3,785,422 3,785,422 Total General Fund 27,884,760 10,259,343 12,972 0 940,000 3,785,422 42,882,497 Soecial Revenne Funds: Street 1,255,900 1,390,647 135,500 465,459 3,247,506 Contmgency Reserve 784,340 784,340 Lodgmg Tax 280,000 155,000 384,960 819,960 Parkmg System 963,718 492,308 172,500 459,149 2,087,675 Comm.Dev Block Grant 123,600 574,944 19,542 718,086 Abatement Revolvmg Fund 53,500 100,000 209,680 363,180 Police Spec�al Projects 281,317 90,000 181,446 552,763 Public Access Television 330,300 105,449 35,000 501,638 972,387 Gift&Donations Fund 5,500 50,684 56,184 Tnal Improvement I 0,000 45,000 57,295 112,295 One Percent for Arts 15,000 45,426 60,426 Conference Center Oper 1,569,055 2,600 33,706 1,605,361 Total Spec.Rev.Funds 1,709,800 5,249,130 494,908 305,500 427,500 3,193,325 11,380,163 Debt Service Fund: ?O10 L'�GO 5�15,636 149,174 694,810 �010 UTGO/LTGU(B) 1,066,457 I 13,709 1,180,166 Govemment Center LTGO 337,713 89,430 427,143 2015 Public Safety Bond 530,000 0 530,000 Total Debt Service Fund 0 0 2,479,806 0 0 352,313 2,832,119 Caoital Imorovement Funds: General Govt Cap�tal Improv 58,000 642,500 634,323 1,334,823 Park Facilrties Construcuon 5,000 51,592 56,592 Transportation Capital Pro�ects 75�,000 2,121,000 224,195 3,100,195 Fire Public Safeh�Capital 460,000 1,090,000 2,880,000 �,430,000 Washington Ave Connector 255,065 306,662 561,727 Total Capital Improv.Funds 0 1,220,000 0 3,524,065 642,500 4,096,772 9,483,337 Total General Gov't Funds 29,594,560 16,72R,473 2,987,686 3,829,565 2,010,000 11 427,832 66,578,116 2016 EXPENDITURES -ALL FUNDS 2016 SI-PPLIES& DEBT CAPITAL ENDING TOTAL FUND PERSONNEL SERVICES SERVICE OUTLAY TRANSFERS FUND BAL. BUDGET Enterorise Funds: Water Util�ry 3,795,200 6,''68,583 1,225,594 1,360,000 2,429,860 15,079,237 Water Capital 776,430 6,648,000 2,803,589 I0,228,019 WastewaterUtility 2,822,295 7,248,903 3,192,695 1,740,000 3,838,223 18,842,116 Wastewater Caprtal 20,000 5,967,000 4,738.833 10,725,833 Stormwater Utility 1,036,375 1.569,512 135,039 189,000 355,347 3,285,273 StormwaterCaprtal 150,000 1,850,000 1,324,905 3,324,905 Uhlity Debt Reserve 2,388,355 2,388,355 Gold Mountain Golf Complex 3,652,278 454,289 85,000 47,179 4,238,746 Total Enterprise Funds 7,653,870 19,685,706 5,007,617 14,550,000 3,2R9,000 17,926,291 68,112,484 Internal Scrvice Funds: Risk Management 240,000 1,300,Od0 2,166,723 3,706,763 Self Ins Health&Wclfare Reserve 4,399,500 713,400 S,l 12,900 Employment Secunty 25,000 564,821 589,821 Accumulated Lcave Liability 175,000 504,378 679,278 ER&R Operahons&Mamt 432,200 1,042,557 127,085 1,601,842 ER&R Eqmpment Reserves 1,277,000 3,833,375 5,110,375 Information Services 569,300 740,025 25,000 105,808 1,440,133 Total lnternal Service Funds 1,441,500 7,48?,122 0 1,302,000 0 8,015,490 18,241,112 Total Business Type Funds 9,095,370 27,167,828 5,007,617 15,852,000 3,289,000 25,941;781 86,353,596 Total All Funds 38,689,930 43,896,301 7,995,303 19,681.565 5,299,000 37,369,613 152,931,712 Expenditures -All Funds CapitalOutlay Transfers $19,687,565 $5,299,000 13% 4% �.,- � Ending Fund Debt Service I Balance $7,995,303 $37,369,613 5% 24% Supplies 8�Services Personnel $43,896,301 $38,689,930 29% 25% • _ _ r �, r �� - R �j► ' f , v. +, =ti""- '`+�.,• � �.��y'�t�� '��1�� , " ",�;�"� �,t �' •,* �. � . .. : ��►t��., , ,��.,��,'��; �,�y�A. , ��-��a�;� "�, Y . .,�,.�b'f..M�•. �: � „[, ,y �. . . �"w�•- �l�" � .�i �, MS. y.'�y„ , .n ,w W ��a� � � � :. -, ...., :.. � �. /�� .. /F�.1 , �. . � . � , i � � . 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'. � �v,�,r � • """�.; - ' �rr''�# y.; � �BRE�I�tTON ~� � � _ - -- � _ - ; . .. ��,� u�-„>��. ^ . `4 . �m , -- - - '� --- �_ __ .... _ _ �' __ --... _ . „_ _ � _ -�- - - _ _ . , ., ..��. _ �_ ____ - �-�� _ � --- - � - � .� . �..� .,---��.. � � � �,� __ . i .� �--- _ � . _, .-�.�--��. --- -�- � 1 � 1 1 1 ' 1 i � 1 . � � • � � 1 ' 1 ' i � Pr Bu et �� opose g Q04� OD � o � OUV • Cit Budget Review Workshops were held on October 26tn, t� 27 and November 2, 2015. • Proposed Budget as revised by the Council at the Budget Workshop of November 2, 2015 is available on the City's website www.Bremertonwa.�ov r B u et �� 1 P se �� 0 o g p : . .� . • A Public Hearing on Revenue Sources for the 2016 Budget was held immediately preceding this hearing. • A second Public Hearing on the 2016 Budget wi11 be held on Decembe� 2, 2015. Following that hearing the Council will consider adoption of the 2016 Budget. Overview ::. .. Cit -Wide Bud et All Funds . . .� Y g . . _ __ -; Supplies & Debt Capital Personnel Services Service Outlav Transfers Total I General 27,884,760 10,259,343 12,972 - 940,000 39,097,075; I Special Revenue Funds (12) 1,709,800 5,249,130 494,908 305,500 427,500 8,186,838� i I iDebt Service Funds (4) - - 2,479,806 - - 2,479,806i ICapital Improvement Funds (5) - 1,220,000 - 3,524,065 642,500 5,386,565' I � iEnterprise Funds Funds (8) 7,653,870 19,685,706 5,007,617 14,550,000 3,289,000 50,186,193 iInternal Service Funds (7) 1,441,500 7,482,122 - 1,302,000 - 10,225,622� � 38,689,930 43,896,301 7,995,303 19,681,565 5,299,000 115,562,099i i2015 Budget * 38,153,759 44,946,488 6,788,180 20,176,571 6,255,354 116,320,352I % Change 1.41% -2.34% 17.78% -2.45% -15.29% -0.65%� * Adjusted for Accounting Change for Utility Tax on City owned utilities , ___ _._._� Overview ::: Cit -Wide Bud et � o¢04400 y g o 0 • The budget is a Status Quo budget. There are no maj or new programs or services included. • Personnel costs include 327.29 Full Time Equivalent Employees (FTE), a reduction of . 11 FTEs from the 201 S amended budget. • The General Fund budget uses $707,880 of fund balance carried over from 2015. The budgeted ending fund balance of $3,785,422 is 13.9% of expenditures which exceeds the minimum target balance of 8.5%. i ext te s �� p ... . ; . . . • Open Public Hearing • A Final Public Hearing is scheduled for December 2, 201 S . Following public comment the Council will take action to adopt an Ordinance implerxienting the 2016 �udget. AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3255 Study Session Date: 11/10/15 re-establishing and amending City Rates COUNCIL MEETING Date: 11/18/15 and Fees for 2016 Department: All Presenter: Cathy Johnson Phone: (360) 473-5296 SUMMARY: Each year, as part of the budget process, the various City departments review their charges, rates and fees for services and make recommendations on any changes needed. The attached includes recommended changes to fees charged by the various departments. ATTACHMENTS: 1) Resolution No. 3255 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): Impacts to revenue are dependent on the demand for services. The 2016 proposed budget does anticipate the approval of the resolution and related rate tables. STUDY SESSION AGENDA: ❑ No Presentation o Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda o General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3255 re-establishing and amending City Rates & Fees for 2016 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 RESOLUTION NO. 3255 A RESOLUTION of the City Council of the City of Bremerton, Washington, reestablishing and amending rates and fees for services relating to the Department of Financial Services, Municipal Court, Department of Community Development, Police Department, Fire Department, Parks and Recreation Department, Department of Public Works and Utilities and Bremerton Kitsap Access Television (BKAT). WHEREAS,the City Council, by this resolution, desires to reestablish and amend the rates and fees established in prior Resolution No. 3238; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolutions Repealed. Resolution No. 3238 is hereby repealed in its entirety. SECTION2. Rate Tables amended. Rates and fees for services relating to the Department of Financial Services, Municipal Court, Department of Community Development, Police Department, Fire Department, Parks and Recreation Department, Department of Public Works and Utilities and Bremerton Kitsap Access Television (BKAT), as established by Resolution No. 3238, are hereby reestablished and amended herein by this Resolution as set forth in the rates tables attached hereto as Exhibit A, incorporated herein by reference. SECTION 3. Effective Date o�Sections 1 and 2. The repeal of Resolution No. 3238 as set forth in Section 1 above and the reestablishment and amendment of rate tables as set forth in Section 2 above shall be effective January 1, 2016. SECTION 4. Severabilitv. 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 5. Effeclive 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 , 2015. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R•\Legal\LegalUtesolutions�Finance�2016 Rates and Fees Tables�2016 Resolution Establishing Rate Tables.doc 1 2016 Rates and Fees FINANCIAL SERVICES— RATE TABLE A All Rates Listed are "Not To Exceed" Fees A. FINANCIAL SERVICES 1. REGULATOfltY LICENSE FEES RATE BMC 5.17 Charitable Solicitation Non-Profit $25/60 days Professional Fundraiser $675/60 days BMC 5.22 Dance/Public $265/yr or$70/30 days BMC 5.96 Erotic Dance Studios $700/yr Dancers $100/yr BMC 5.16 Mobile Food Vendor $150/veh/yr BMC 5.16 Peddlers $75/yr or$25/30days BMC 5.36 Special Events $100.00/event BMC 5.08 Street/Sidewalk Vendors $250/yr BMC 5.16 Temporary Merchant $400/30 days 2. BUSINESS LICENSE FEE RATE BMC 5.02 $75/yr . 3. PARKING On-Street Locations Not to Exceed $20/3 hrs $30/10 hrs Off-Street Location Not to Exceed $20/3 hrs $30/10 hrs Parking Garage Not to Exceed$�9200/mo Resolution No. FINANCIAL SERVICES— RATE TABLE A All Rates Listed are"Not To Exceed" Fees . �T� D,._�� 3A�s�er-p�eE �4. DOCUMENT REPRODUCTION FEES RATE (Including scannin�to Electronic Format) Per Page-8'/z x 11, 8'/z x 14 and 11 x 17 paper size(No fee for first 50 $0.15/pg pages) Video Reproduction Actual Costs including personnel time CD/DVD $2.00 USB 2 GB $5.00 Certification $5.00 Oversized Plans,Aerial Photos, Drawings,and Maps(Black and $8/pg White) Color GIS Plotted Maps - $5/sq. ft. Other pocuments: Medical Records Fees shall be pursuant to RCW 70.02.010(12) Budget (Hard Copy) $50 (Electronic Version) $10 Annual Report (Hard Copy) $25 (Electronic Version) $10 In addition to the above fees,each department may establish fees for records that do not fall into one of the above categories. Each department and the Ciry Clerk shall have the department's fee schedule available for inspection upon request. 65. CHECK HANDLING FEE $40 �6. ANIMAL CONTROL FEES Licenses for pogs and Cats For Each Cat Spayed or Neutered $7.50 (Upon Proof of Spaying or Neutering) For Each Dog Spayed or Neutered $12.50 (Upon Proof of Spaying or Neutering) For Each Cat Not Spayed or Neutered $37.50 For Each Dog Not Spayed or Neutered $37.50 Senior Permanent Dog/Cat $12.50 Resolution No. FINANCIAL SERVICES—RATE TABLE A All Rates Listed are "Not To Exceed" Fees License for Chickens For up to five (5)chickens $12.50 Senior permanent for up to five(5) chickens $12.50 Impound and Redemption Fees - Domestic Animals Impound $45 Vaccination 45 Boarding (per day) 20 Medical care Case dependent Microchip $30 Impound and Redemption Fees - Livestock Impound $60 Boarding (per day) $40 Medical care Case dependent Special Transportation fee $120 Resolution No. MUNICIPAL COURT—RATE TABLE B All Rates Listed Are "Not To Exceed" Fees B. Municipal Court RATE 1. HEARING EXAMINER APPEAL $65 2. PARKING PENALTIES Overtime or Reparking ls` Violation in 30 Days $25 2"a Violation in 30 Days $50 3`d Violation in 30 Days $100 Non-Payment in Collection Devices $25 Loading Zones $25 No Parking $45 Wrong Way $45 Parked on Sidewalk $45 Fire Hydrant $45 12" From Curb $25 Physically Disabled (Public and Private) $450 Counterfeiting or User of Counterfeit Permits, $500 Tokens or Script Unauthorized Use of Permits $250 Replacement of parking permit $10 Blocked Driveway $45 Expired Tabs $45 30 Foot to Stop Sign $45. Double Parked $45 No Stopping/No Standing $45 Failure to Respond—Additional Penalty $25 1 Resolution No. All parking infractions set forth in Chapter 10.10 BMC not $30 identified above 3. PARKING FEES Residential Parking Permits—Each additional permit issued in $100 excess of two permits per dwelling unit Petition for Creation of Residential Restricted Parking Zone $100 � Administrative Immobilization Fee(i.e. boot) $100 4. TRAFFIC PENALTIES ' Inattention to Drivin� $�4136 Automated Traffic Safety Camera Violations $�4136 2 Resolution No. COMMUNITY DEVELOPMENT—RATE TABLE C All Rates Listed are "Not To Exceed" Fees C. DEPARTMENT OF COMMUNITY DEVELOPMENT RATE 1. SUBDIVISIONS Preliminary Short $1000+$150 per lot Preliminary Formal Plat/Binding Site Plan $2500+ $150/lot(1-100 lots) $100/lot(101-2001ots) $75/lot(201 +lots) Final Short $630+$40/lot Final Formal PladBinding Site Plan $945 +40/lot Minor Amendment $630(no lot fee) Extension $630(no lot fee) 2. SHORELINE MASTER PROGRAM Substantial Development Permit $1,300 Conditional Use Permit—Type II $850 Conditional Use Permit—Type fII $1750 Shoreline Variance $1750 Permit Revision $325 Shoreline Exemption $100 � 3. STATE ENVIRONMENTAL POLICY ACT(SEPA) Checklist $320 Environmental Impact Statement Review/Adoption $650+additional cost of expertise 4. APPEAL(to Hearing Examiner) $350 5. PRE-APPLICATION CONFERENCE $100 6. ABATEMENTS Dangerous Building $900+Direct Service and Supply Cost Garbage&Weed $640+Direct Service and Supply Cost 7. ABANDONED PROPERTY FINES& PENALTIES Failure to Register $1,000+$100 per day Failure to Inspect, Maintain,and/or Secure $1,000+$100 per day Resolution No. COMMUNITY DEVELOPMENT—RATE TABLE C All Rates Listed are "Not To Exceed" Fees RATE 8. RENTAL PROPERTY REGISTRATION FINES& PENALTIES Failure to Register and File a Declaration of Compliance as Required $1,000+$100 per day Failure to Obtain a Certificate of Inspection When Required $1,000+$100 per day 9. CERTIFICATE OF OCCUPANCY 56.00 910. BUILDING PERMIT FEES* Refer to Exhibit 1 �$11. PLAN REVIEW FEE 65%of the building permit fee as set forth in Exhibit 1 �12. ESTABLISHED °°BASIC" PLAN REVIEW Pursuant to DCD policy 50%of Plan Review Fee 13. BUILDING PERMIT FEE FOR REROOF* 100 �314. MECHANICAL PERMIT FEES* Residential Refer to Exhibit 2 Commercial/Non-Residential/Multifamily Valuation and Refer to Exhibit 1 �315. PLUMBING PERMIT FEES* Residential Refer to Exhibit 3 Commercial/Non-Residential/Multifamily Valuation and Refer to Exhibit 1 �416. GRADING PERMIT AND PLAN REVIEW FEES* Refer to Exhibit 4 �317. ZONING ORDINANCE Ordinance Amendments Text $740 Rezone(Map Amendment) $740 Variance Administrative $325 Public Hearing/Single Family $500 Public Hearing/Other $1750 Development Agreements $1600 Resolution No. COMMUNITY DEVELOPMENT—RATE TABLE C All Rates Listed are "Not To Exceed" Fees RATE Conditional Use Permit Single Family Residential Type II $350 Single Family Residential Type III $500 Commercial/Non-Residential/Multifamily—Type II $850 Commercial/Non-Residential/Multifamily—Type III $1750 Non-Conforming Use Determination $275 Director's Code Interpretation $175 �-618. COMPREHENSIVE PLAN Text or Map Amendment $1500 Combined Text and Map Amendment $2500 �19. SITE PLAN REVIEW Commercial/Non-Residential/Multifamily—Type II $500 �820. SITE DEVELOPMENT PERMIT* $500 (Fee waived if concurrent with Site Plan Review) �321. MULTIFAMILY TAX EXEMPTION Application $1500 3922. DESIGIV REVIEW BOARD Conceptual Design Conference $500 Design Response Conference $500 3-�23. CRITICAL AREA REVIEW Hourly Rate (Dangerous trees,tree removal in sloped area,etc.) 3324. FORESTRY Hourly Rate Conversion Harvest Option Plan �325. MISCELLANEOUS FEES Hourly Rate $56.00 Stop Work Fee 100%of permit fee TechnoloQ,v Surchar�e on Permits 5%of Permit Fee �Permit Surcharge Levied on Fees Noted with *) Resolution No. COMMUNITY DEVELOPMENT—RATE TABLE C All Rates Listed are "Not To Exceed" Fees EXHIBIT 1 BUILDING AND OTHER PERMIT FEES TOTAL VALUATION'- FEE $1.00 TO$500.00 $26.00 $501.00 TO$2,000.00 $26.00 for the first $500.00 plus$3.00 for each additional $100.00,or fraction thereof, to and includin $2,000.00 $2,001.00 to$40,000 $69.00 for the first$2,000.00 plus $11.00for each additional $1,000.00, or fraction thereof,to and including$40,000 $40,001.00 to$100,000.00 $487.00 for the first$40,000;plus$9.00 for each additional $1,000.00, or fraction thereof,to and including$100,000.00 $100,001.00 to$500,000.00 $1,027.00 for the first$100,00.00 plus$7.00 for each additional $1,000.00,or fraction thereof,to and including$500,000.00 $500,001.00 to$1,000,000.00 $3,827.00 for the first$500,000.00 plus $5.00 for each additional $1,000.00,or fraction thereof,to and including$1,000,000.00 $1,000,001.00 to 5,000,000.00 $6,327.00 for the first$1,000,000.00 plus $3.00 for each additional $1,000.00,or fraction thereof,to include$5,000,000.00 $5,000,001.00 and over $18,327.00 for the ftrst$5,000,000.00;plus$1.00 for each additional $1,000.00 or fraction thereof Other Inspections and fees: 1. Inspections outside of normal business hours(minimum Hourly rate per Rate Table C—Miscellaneous Fees charge—two hours) 2. Re-inspection fees assessed under provisions of this Hourly rate per Rate Table C—Miscellaneous Fees chapter shall be as follows(per inspection): 3. Inspections for which no fee is specifically indicated Hourly rate per Rate Table C—Miscellaneous Fees (minimum charge—one-half hour) 4. Additional plan review required by changes,additions or Hourly rate per Rate Table C—Miscellaneous Fees revisions to plans(minimum charge—one-half hour) 5. For use of outside consultants for plan checking and Actual Costs23 inspections,or both 6. Manufactured Home Setup Fee Foundation Bid Price valuation used in Exhibit 1 7. Moved Building Permit Fee(not including other required $100.00 permits) 8. Demolition permit Fee: 3 cents per square foot, with a $�A9100.00 minimum charge of 9. Energy Code Plan Review Surcharge for New Single $50.00 Family Residences ' Valuation includes fair market value of labor and materials. '-Actual costs include administrative and overhead costs. '3 I�.�1....� ....�.1�.. ..��..��M�w�nfwnk��ru nwa� u��una��nhn Resolution No. COMMUNITY DEVELOPMENT-RATE TABLE C All Rates Listed are "Not To Exceed" Fees EXHIBIT 2 MECHANICAL PERMIT FEES Permit Issuance and Heaters Fee 1. For the issuance of each mechanical permit $25.00 2. For issuing each supplemental permit for which the original permit has not expired, been canceled or finaled $725 Unit Fee Schedule(Note: The following do not include permit-issuing fee) 1. Furnaces For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance,up to and including 100,000 Btu/h (29.3 kW) $14.80 For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h(29.3 kW) $18.20 For the installation or relocation of each floor furnace,including vent $14.80 For the installation or relocation of each suspended heater,recessed wall heater or floor- mounted unit heater $14.80 2. Appliance Vents For the installation,relocation or replacement of each appliance vent installed and not included in an appliance permit $7.25 3. Repairs or Additions For the repair of,alteration of,or addition to each heating appliance,refrigeration unit, cooling unit, absorption unit,or each heating,cooling,absorption or evaporative cooling system,including installation of controls regulated by the Mechanical Code $13.70 4. Boilers,Compressors and Absorption Systems For the installation or relocation of each boiler or compressor to and including 3 horsepower(10.6 kW),or each absorption system to and including 100,000 Btu/h(29.3 kW) $14.70 For the installation or relocation of each boiler or compressor over three horsepower (10.6 kW)to and including 15 horsepower(52.7 kW),or each absorption system over 100,000 Btu/h(293 kW)to and including 500,000 Btu/h(146.6 kW) $27.15 For the installation or relocation of each boiler or compressor over 15 horsepower(52.7 kW)to and including 30 horsepower(105.5 kW),or each absorption system over 500,000 Btu/h(146.6 kW)to and including 1,000,000 Btu/h(293.1 kW) $37.20 For the installation or relocation of each boiler or compressor over 30 horsepower (105.5 kW)to and including 50 horsepower(176 kW),or each absorption system over 1,000,000 Btu/h(293.1 kW)to and including 1,750,000 Btu/h(512.9 kW) $55.45 For the installation or relocation of each boiler or compressor over 50 horsepower(176 kW),or each absorption system over 1,750,000 Btu/h(512.9 kW) $92.65 5. Air Handlers For each air-handling unit to and including 10,000 cubic feet per minute(cfm) (4719 L/s),including ducts attached thereto Note: This fee does not apply to an air-handling unit which is a portion of a factory- assembled appliance,cooling unit,evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code $10.65 For each air-handling unit over 10,000 cfm(4719 :s) $18.10 Resolution No. COMMUNITY DEVELOPMENT—RATE TABLE C All Rates Listed are "Not To Exceed" Fees 6. Evaporative Coolers For each evaporative cooler other than portable type $10.65 7. Ventilation and Exhaust For each ventilation fan connected to a single duct $�25 For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit $10.65 For the installation of each hood which is served by mechanical exhaust,including the ducts for such hood $10.65 8. Incinerators For the installation or relocation of each domestic-type incinerator $18.20 For the installation or relocation of each commercial or industrial-type incinerator $14.50 9. Miscellaneous For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories,or for which no other fee is listed in the table $10.65 For each gas piping system $10.00 Other Inspections and Fees Inspections outside of normal business hours,per hour(minimum charge—two hours Hourly rate per Rate Table C—Miscellaneous Fees Re-inspection fees assessed under provisions of this chapter shall be as follows(per inspection): Hourly rate per Rate Table C—Miscellaneous Fees Inspections for which no fee is specifically indicated,per hour(minimum charge—one-half hour) Hourly rate per Rate Table C—Miscellaneous Fees Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed (minimum charge—one-half hour) Hourly rate per Rate Table C—Miscellaneous Fees Resolution No. COMMUNITY DEVELOPMENT-RATE TABLE C All Rates Listed are "Not To Exceed" Fees EXHIBIT 3 PLUMBING PERMIT FEES Permit Issuance 1. For issuing each permit $25.00 2. For issuing each supplemental permit $10.00 Unit Fee Schedule(in addition to items 1 and 2 above) 1. For each plumbing fixture on one trap or a set of fixtures on one trap(including water,drainage piping and backflow protection therefore) $7.00 2. For each building sewer and each trailer park sewer $15.00 3. Rainwater systems-per drain(inside building) $7.00 4. For each cesspool(where permitted) $25.00 5. For each private sewage disposal system $40.00 6. For each water heater and/or vent $7.00 7. For each gas piping system $10.00 8. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps $7.00 9. For each installation,alteration or repair of water piping and/or water treating equipment,each $7.00 10. For each repair or alteration of drainage or vent piping,each fixture $7.00 11. For each lawn sprinkler system on any one meter including backflow protection devices therefore $7.00 12. For atmospheric-type vacuum breakers not included in item 12: 1 to 5 $5.00 Over 5,each $1.00 13. For each backflow protective device other than atmospheric type vacuum breakers: 2 inch(51 mm) diameter and smaller $7.00 Over 2 inch(51 mm)diameter $15.00 14. For each graywater system $40.00 15. For initial installation and testing for a reclaimed water system $30.00' 16. For each annual cross-connection testing of a reclaimed water system(excluding initial test) $30.00' 17. For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific gas $50.00 18. For each additional medical gas inlet(s)/outlet(s) $5.00 Other Inspections and Fees 1. Inspections outside of normal business hours Hourly rate per Rate Table C- Miscellaneous Fees 2. Re-inspection fee Hourly rate per Rate Table C- Miscellaneous Fees 3. Inspections for which no fee is specifically indicated Hourly rate per Rate Table C- Miscellaneous Fees 4. Additional plan review required by changes,additions or revisions Hourly rate per Rate Table C- to approved plans(minimum charge-one-half hour) Miscellaneous Fees Resolution No. COMMUNITY DEVELOPMENT-RATE TABLE C All Rates Listed are "Not To Exceed" Fees EXHIBIT 4 GRADING PLAN REVIEW FEES 50 cubic yards(33.2 m')or]ess No fee 51 to 100 cubic yards(40 m' to 76.5 m3) $23.50 101 to 1,000 cubic yards(77.2 m3 to 764.6 m') $37.00 1,001 to 10,000 cubic yards(765.3 m;to 7645.5 m') $49.25 10,001 100,000 cubic yards(7646.3 m'to 76,455 m3) $49.25 for the first 10,000 cubic yards (7645.5 m3),plus$24.50 for each additional 10,000 cubic yards (7645.5 m3)or fraction thereof 100,001 to 200,000 cubic yards(76,456 m' to 152,911 m') $269.75 for the first 100,000 cubic yards (76,455 m'),plus$13.25 for each additional 10,000 cubic yards(7645.5 m3)or fraction thereof 200,001 cubic yards(152,912 m;) or more $402.25 for the first 200,000 cubic yards (152,911 m3),plus$7.25 for each additional 10,000 cubic yards(7645.5 m3)or fraction thereof Other Fees: Additional plan review required by changes,additions or revisions to approved plans(minimum charge-one-half Hourly rate per Rate Table C- hour) Miscellaneous Fees GRADING PERMIT FEES' 50 cubic yards(38.2 m3)or less $23.50 51 to 100 cubic yards(40 m-�to 76.5 m3) $37.00 101 to 1,000 cubic yards(77.2 m' to 764.6 m3) $37.00 for the first 100 cubic yards(76.5 m') plus$17.50 for each additional 100 cubic yards(76.5 m3)or fraction thereof 1,001 to 10,000 cubic yards(765.3 m3 to 7645.5 m') $194.50 for the first 1,000 cubic yards (764.6 m;),plus$14.50 for each additional 1,000 cubic yards(764.6 m;)or fraction thereof 10,001 to 100,000 cubic yards(7646.3 m' to 76,455 m') $325.00 for the first 10,000 cubic yards(7645.5 m'),plus$66.00 for each additional 10,000 cubic yards(7645.5 m3)or fraction thereof 100,001 cubic yards(76,456 m`)or more $919.00 for the first 100,000 cubic yards(76,455 m3),plus$36.50 for each additional 10,000 cubic yards(7645.5 m3)or fraction thereof � Other Inspections and Fees: 1. Ins ections outside of normal business hours P (minimum charge-two hours) Hourly rate per Rate Table C-Miscellaneous Fees Resolution No. COMMUNITY DEVELOPMENT— RATE TABLE C All Rates Listed are "Not To Exceed" Fees 2. Re-inspection fees assessed under provisions of this chapter shall be as follows(per inspection): Hourly rate per Rate Table C—Miscellaneous Fees 3. Inspections for which no fee is specifically indicated(minimum charge—one-half hour) Hourly rate per Rate Table C—Miscellaneous Fees 'The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. Resolution No. POLICE DEPARTMENT—RATE TABLE D All Rates Listed Are "Not To Exceed" Fees D. POLICE DEPARTMENT RATE 1. TRAFFIC ACCIDENT 1tEPORTS $10.00 2. FINGERPRINTS— 1 S`Card $10.00 Each Additional Card $10.00 3. CRIMINAL �IISTORY CHECK $10.00 4. PHOTO PRINTS Actual Cost of 5. ALARM COMPLIANCE FEE 1 st False Alarm in any 1 Quarter $60.00 2nd False Alarm in the same Quarter $80.00 3rd False Alarm in the same Quarter $160.00 or Subsequent Alarms in a Calendar Quarter 6. SEItVICE FEE FOR ANTI-�-IARASSMENT ORDER $50.00 7. SERVICE OF ARREST WARRANTS AND SUBPOENAS Arrest Warrant $15.00 plus mileage Subpoena $6.00 plus mileage Preparation of return of service $5.00 Mileage(for each mile actually and necessarily traveled by a current business member of the Police Department in going to or returning from mileage rate any place of service, or attempted service) allowed by the Internal Revenue Service 8. TAXICABS Taxicab Business Certificate $30.00/yr Taxicab Driver's Certificate $30.00/yr Vehicle Decal $10.00/veh/yr Resolution No. �'IRE DEPAR'�MENT—RATE TABLE E All Rates Listed Are "Not To Exceed" Fees E. F1RE DEPARTMENT RATE 1. REGULATORY LICENSE FEES BMC 9.48 Fireworks Stands/Displays $100/stand/yr BMC 18.06 Ambulance Services Ambulance Inspections $60/veh 2. AMBULANCE TRANSPORT FEE ALS Residents $700 ALS—2 $750 ALS Non-Residents $750 BLS Residents $500 BLS Non-Residents $550 Mileage $14.00/mile 3. EMS SERVICE CALL TO ASSISTED LIVING,LONG $100 After first response per TERM CARE AND ADULT CARE FACILITIES quarter 4. RE-INSPEC'd'ION FEE $56.00 5. HAZARD MATERIALS RESPONSE Rice Hull Ash Actual Cost per Bag Absorbent Pads Actual Cost per Bag 6. STAND-BY-TIME Per crew of 3 $98/hour Fire Engine—Crew of 4 $115/hour 7. ACTIVE FIREFIGHTING Fire Engine Washington Fire Chiefs Published Rate* Aerial Ladder Washington Fire Chiefs Published Rate* 8. SPRINKLER/FIRE ALARM PLANS IFC Rates** 9. FIRE WATCH $50.00/hour 10. A�TER HOURS INSPECTION Actual Cost 11. RUSH PLAN REVIEW Actual Cost 12. OPERATIONAL PERMIT $100.00 13. OPERA'i'IONAL PERMIT INSPECTIONS Actual Cost *Washington Fire Chiefs Association Wage&Equipment Rates for the Washington State Fire Service **International Fire Code Resolution No. PARKS RECREATION DEPT—RATE TABLE F All Rates Listed Are "Not To Exceed" Fees � F. PARKS AND RECREATION DEPARTMENT NON-RESIDENT FEE-BASE FEE PLUS 25°/a 1. FACILITY USE RENTAL RATES • Facility use policies apply. � Appropriate taxes are included in rates unless otherwise noted. • Regular Groups(10 or more meetings a year,reserved in advance)may receive a 20%discount on Facility and Park Rental Fees. • Non-Profit Groups may receive a discount on Facility and Park Rental Fees with proof of Non-Profit status. Discount will be determined at time of rental request. (a) SHERIDAN COMMUNITY CENTER—ROOM RENTAL RATES RATE (Grouu A)NON-COMMERCIAL—Rental Rates Recreation and/or educational purposes only. Per hour,two(2)hour minimum Davtime(Mondav—Fridav: 8:00 AM to 5:00 PM) Lounge $�3810.75 Room A, B/C,Conference Room $5�88.75 Gym $�9925.75 Evenings(Mondav—Thursday: 5:00 PM to 10:00 PM) Lounge $�5�9925.75 Room A, B,Conference Room $-1-��917.50 Gym $39:9931.00 Room Package(Lounge&Gym) $�9-9951.50 Entire building—Up to eight(8)hours* $�A9688.00 Fridav Evening(5:00 PM to 10:00 PM)& Saturday and Sunday Lounge $�A931.00 Room A, B,Conference Room $�9:8820.50 Gym $3Fr.9937.00 Room Package(Lounge&Gym) $6�5962.00 Entire building—Up to eight(8)hours* $��9710.00 � * Entire building rental for events with 250 or more participants reyuires additional staff charges at$-K��17.00 per hour. Resolution No. PARKS RECREATION DEPT—ItATE TABLE F All Rates Listed Are "Not To Exceed" Fees (a) SHERIDAN COMMUNITY CENTER—ROOM RENTAL RATES RATE (Groua B)COMMERCIAL—Rental Rates Recreational and/or educational purposes only. Per hour,two(2)hour minimum Lounge $4�9946.25 Room A,B,Conference Room $3�5932.50 Gym $�4-9955.50 Room Package(Lounge&Gym) $�9995.75 Entire Building-Up to eight(8)hours* $1,054.00 * Entire building rental for events with 250 or more participants requires additional staffing fee at$��17.00 per hour. (b) BREMERTON SR.CITIZENS CENTER-ROOM RENTAL RATES (Groun A)NON-COMMERCIAL—Rental Rates Per hour,two(2)hour minimum Cardroom/Meeting Room $�5921.00 Main Room $48�542.00 Kitchen $�5921.00 Additional staffing per hour $��17.00 Entire Facility up to eight(8)hours $�A9300.00 (Groua B)COMMERCIAL—Rental Rates Per hour,(two)2 hour minimum Cardroom/Meeting Room $4&�542.00 Main Room $F,�5984.00 Kitchen $48�542.00 Additional staffing per hour $��17.00 Entire Facility—Up to eight(8)hours $�A9595.00 (c) PARK SHELTERS—RESERVATION FEES Four(4)hour sessions per reservation unless otherwise noted. Bremerton residents may reserve park shelters beginning January 15`for the upcoming year. Non-resident reservations will be accepted beginning February 1". (Group A)NON-COMMERCIAL—Rental Rates Bataan Shelter $�-7:9828.00 Blueberry Shelter $47:AA49.00 Ever�-een Shelter 1 $�5972.00 Evergreen Shelter 2 or 3 $�'1-�36.00 Evergreen Shelter 4(not reservable,first come first served) no charge Evergreen Shelter 5 or 6 $��38.00 Resolution No. PARKS RECREATION DEPT—RATE TABLE F All Rates Listed Are "Not To Exceed" Fees (c) PARK SHELTERS—RESERVATION FEES Evergreen Amphitheatre with Amplified Sound $�8180.00 Kiwanis Park Shelter $��36.00 Lions Park Shelter 1 $4�9A49.00 Lions Park Shelter 2 $34-��36.00 Matan Park Shelter $�A928.00 Upper NAD $�A928.00 Lent Landing Gazebo $��36.00 Reserve portion of a park not having a shelter. $��36.00 SGroup B)COMMERCIAL—Rental Rates Bataan Shelter $4A3942.00 Blueberry Shelter $�A:5973.00 Evergreen Shelter 1 $�A4��108.00 Evergreen Shelter 2or 3 $�.?A954.00 Evergreen Shelter 4(not reservable) no charge Evergreen Shelter 5 or 6 $�5:9957.00 Evergreen Amphitheatre with Amplified Sound $�9238.00 Kiwanis Park Shelter $�.?9954.00 Lions Park Shelter 1 $�5973.00 Lions Park Shelter 2 $�.?A954.00 Matan Park Shelter $4$-SA42.00 Upper NAD $48-5A42.00 Lent Landing Gazebo $3�.?9954.00 Reserve portion of a park not having a shelter. $�.?A854.00 (d) SPECIAL EVENTS,CELEBRATIONS,WEDDINGS Louis Mentor Boardwalk $�A:A9280.00 Sta�e(20' x 24')—Available Memorial Dav-Labor Dav(per dav) 200.00 (e) ATHLETIC FIELD—RESERVATIONS Per hour unless noted (Group A)NON-COMMERCIAL Youth Use $-1�5913.00 Adult Use � $�-5�926.00 (Group B) COMMERCIAL $3&A952.00 Game Fees BasebalUSoftball $3Fr.9937.00 Soccer $3�9957.00 Resolution No. PARKS RECREATION DEPT—RATE TABLE F All Rates Listed Are "Not To Exceed" Fees (� BLUEBERRY PARK—P-PATCH ANNUAL RATE RATE Non-commercial gardening only. Raised Beds $��.3913.00 10 x 20 Beds $�A:A�52.00 16 x 30 Beds $�8:9972.00 (g) LIONS TENNIS COURT LIGHTS 1 token(1 hour) $�A92.25 6 tokens(6 hours) $�:A910.00 2. PROGRAM FEES & CHARGES (a) NEW PROGRAMS See Section 3, subsection(a) (b) ATHLETIC PROGRAM FEES VOLLEYBALL League Play per team,per game $�330.00 Open Gym (Oct.—June) per person $4.00 BASKETBALL Men's League Play per team,per game $gA:�i962.40 Boy's League Play per team,per game $��34.00 Boy's League(Individual Reg.) per individual $49:AA41.00 SOFTBALL Adult League Play per team,per game $4�9A44.00 Adult League—Players fee per player,per game $�-:851.90 TOURNAMENTS(SOFTBALL AND SOCCER) --INY'ITATIONAL TOURNAMENTS Lions—One Day $�A9400.00 Lions—Two Day $�9-A9638.00 Lions—Three Day $8�4-A9849.00 Pendergast—One Day $�r9A:99515.00 Pendergast—Two Day $�i:A6820.00 Pendergast—Three Day $�H�A9996.00 -- STATE TOURNAMENTS* Lions—One Day $�4�A:A9556.00 Lions—Two Day $89Er.99830.00 Lions—Three Day $�A9966.00 Pendergast—One Day $699:A9720.00 Pendergast—Two Day $�8-99966.00 Pendergast—Three Day $�l-A�A91,145.00 * Regional and National Tournaments cost to be negotiated depending on field preparation requirements. Resolution No. PARKS RECREATION DEPT—RATE TABLE F All Rates Listed Are "Not To Exceed" Fees 3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS (a) PROGRAM FEE FOItMULAS. Except for the Sr.Citizens Trip program,participant fees for activities(programs,classes,events,etc.)promoted by the Sr. Citizen Center and the Recreation Division are established by the following formulas: A. Activities when the instructor is on Cit�pavroll. *Based on"Not-to-Exceed"rates [(Total class hours including preparation)x([nstructor's hourly wage)x(1.5 Administration factor)] divided by(minimum#of students per activity)]+(the cost of group supplies divided by minimum#of students)+Cost of individual class supplies,if applicable=Student class fee for City of Bremerton Resident. B. Activities tau�y contracted instruction. *Based on"Not-to-Exceed"rates [(Price per student required by the Instructor less class supply fees)x(1.5 Administration factor)]+Class supply fees=Student class fee for City of Bremerton Resident. C. Non-Resident Fees for Recreational Prog�ams. For recreation classes,programs,and rentals—ranging from: $5.00 to $25.00 add on 25% $25.01 to$50.00 add a flat$6.25 $50.01 to$100.00 add a flat$12.50 $100.01 to$200.00 add a flat$25.00 $200.01 +add a flat$50.00 (b) SENIOR CENTER ACTIVITIES (AGE 55+). RATE Couples Membership is for two people, at least one needs to be 55 or better, who reside at the same address. Associate Memberships are for those individuals not yet 55 but still would like to participate in the programs, trips and classes offered at the Center. Senior Citizen—City Resident annual membership $d-�A914.00 Senior Citizen—Non-Resident annual membership $�H�928.00 Senior Center—City Resident Couples annual membership $�&A921.00 Senior Center—Non-Resident Couples annual membership $4�AA42.00 Senior Center—City Resident Associate annual membership $�9:A920.00 Senior Center—Non-Resident Associate annual membership $38-AA40.00 (c) SENIOR CENTER TRIPS Cost plus%25 Resolution No. PARKS RECREATION DEPT—RATE TABLE F All Rates Listed Are "Not To Exceed" Fees 4. IVY GREEN CEMETEItY- FEES AND C�IARGES (Non-Resident Fee=Listed Rate Plus 25%) (a) GRAVE SITES RATE Adult $�4-:99$1,346.00 Infant(Not in Infant Sections) $�4�A91.346.00 Infant Section $�r�9337.00 Veteran $�4-A9785.00 (b) LINERS (Subiect to sales taxl Casket Liner $�4�A9820.00 Cremation Liner $-�84-�99202.00 Infant Liner $�r.89337.00 Oversized Liner $�;AA�A91,100.00 (c) OPENING AND CLOSING Casket $��A9785.00 Cremation $�-S�A9281.00 Infant $�9A:-A9550.00 Veteran $4��:-AA472.00 (d) DISINTERNMENT Adult $�9:991,683.00 Infant $�981,683.00 Urn $�4�-A8270.00 Removal (only) $�;A�A:A91,111.00 (e) MARKER SETTING FEES Setting Fee $�H4.A9180.00 (� GRAVE SIDE SERVICES Chairs &Awning $�A4.A9224.00 (g) MARKERS (Subiect to sales tax) Value based on size Markers and type of marker Resolution No. PUBLIC WORKS AND UTILITIES—RATE TABLE G All Rates Listed Are"Not To Exceed" Fees G. PUBLIC WORKS AND UTILITIES DEPARTMENT RATE 1. RIGHT-OF WAY USE PERMITS FEES Type A(Short Term Use)Regular(Misc. $160.00 Construction) Dumpster—Individual personal use No Charge Dumpster—Commercial/Construction $60.00 Type B(Disturbance of ROW) Sidewalk Repairs(2 inspections) No Charge Driveway,Transverse Street Patch and Spot Patches $160.00 (2 inspections) Frontage Improvements(curb,gutter,sidewalk, $3.15/ft with a$160.00 minimum illumination,etc.); Longitudinal Street Patch; and Utility Installation New Street $5.25/ft with a$625.00 minimum Water& Sewer Mains&Laterals(ROW Permit) (2 $160.00 inspections) Additional Inspection $67.00/hour+equipment charges�5A:A9 Type C(Long Term Use) Application and Processing $65.02 Annual Renewal $65.02 Type D Regular(Franchised Utility Routine Maintenance) $100.00 Plan Reviews $0.25/foot of improvement with$105 minimum Additional Work $4367.00/hour+equipment charges 2. RIGHT-OF-WAY VACATION $575.00 3. TELECOM MASTER PERMIT FEE $525.00/one time 4. TELECOM LICENSE FEE $210.00/one time 5. BMC 10.24 HOUSEMOVING/OVERSIZE $600+$65/mile to .10 of a mile LOADS Resolution No. BREMERTON KITSAP ACCESS TELEVISION (BKAT)—RATE TABLE H All Rates Listed are "Not To Exceed" Fees gI. BREMERTON KITSAP ACCESS TELEVISION (BKAT) 1. Pre-production RATE Equipment Consultation $100/per hour Program Development $100/per hour Research $100/per hour Location $100/per hour Scripting $100/per hour Graphics Development $100/per hour 2. PRODUCTION* Set-up $100 per hour Production $100/per hour Breakdown $100/per hour *minimc�m of 2 hours for any prodc�ctions 3. Post Production Edit $100 per hour Voice Over $100 per hour 4. Training Studio $100 3 hours of camera and director training—max 4 people Edit $50 5 hours of Apple Final Cut 5. Miscellaneous Equipment Installation $100 per hour Equipment Troubleshooting and Repair $100 per hour � DVD Duplication $35.84 (includes tax) Studio-with all equipment (must be certified with crew training) $25 per hour(min 2 hours) 6. Membership (Annual) Individual Resident $25.00 Individual Non-Resident $�9A50.00 Organization—Resident $75.00 Organization—Non-Resident $�A�A9150.00 7. Rental Rate Field Equipment Tripod $25.00 Per Day ($300.00 Deposit) Resolution No. BREMERTON KITSAP ACCESS TELEVISION (BKAT)—RAT� TABLE �I All Rates Listed are "Not To Exceed" Fees 7. Itental Rate Light Kit $100.00 Per Day ($300.00 Deposit) Lavalier Microphone(ea) $20.00 Per Day ($300.00 Deposit) Video Monitor $35.00 Per Day ($300.00 Deposit) Camera $150.00 Per Day ($300.00 Deposit) Studio Equipment Studio $50.00 Per Hour ($1,000.00 Deposit) Lights $25.00 Control Room $50.00 Wireless mics (4) $25.00 Teleprompter $25.00 Misc $10 ea Tables, chairs, easels, table cloths 8. Public Service Announcement with voice over. A public service announcement $�5-9950 Proof of Special Events with voice over is an option as part of 00 Permit also required the Special Event Permit through the — City. The public service announcement will air on BKAT for a minimum of two weeks. 9. Public Service Announcement with voice over. Apublic service announcement $100.00 with voice over is available without a S�ecial Event Permit as a wav to reach the public. The public service announcement will air on BKAT for a minimum of two weeks. Resolution No. AGENDA BILL CITY OF BREMERTON � � CITY COUNCIL SUBJECT: Ordinance No. 5288 amending Study Session Date: 11/10/15 BMC Chapters 15.01 & 15.06 and Ordinance COUNCIL MEETING Date: 11/18/15 No. 5265 relating to Assessments, Rates, Department: PW&U Fees, and Charges for Water, Wastewater, Presenter: Chal Martin/Wayne and Stormwater Services Hamilton/Cathy Johnson Phone: (360) 473-5207 SUMMARY: The City retained Financial Consulting Solutions Group (FCS) to perform a general facilities charge (GFC) update for water, wastewater and stormwater utilities, as well as a review of the City's miscellaneous fee schedule. The last GFC update was in 2009. The study analyzed existing and future expenses related to system growth, and determined the Equivalent Residential Unit "maximum allowable charge" for each utility. The City may charge less, but not more. However, should the City adopt lower GFCs than indicated by the analysis, the existing customer base would be subsidizing system expansion. Staff is recommending a methodology change for calculating wastewater GFCs. The change would base wastewater GFCs on water meter size, instead of the City's current methodology which uses fixture counts and other metrics. • At the Council's request, staff met with the Home Builders Association, Association of Realtors and the Rate Payer Advisory group in a Stakeholder meeting September 29th to discuss the proposal. The HBA and Realtors were concerned about the impact the large GFC increase would have on new home starts; also, concern was raised about wastewater GFCs for large residential developments, which the HBA and Realtors perceived as subsidizing these developments. In addition, the HBA and Realtors requested that the City adopt a process enabling GFC payments to be made later in the development process, rather than up-front. Also, the HBA and Realtors requested that the GFC increase be phased in over three years. This proposal adopts those requests, and in addition grandfathers the existing fee basis for current developments on the books. However, this proposal does not recommend adopting a lower GFC than recommended by the FCS study; nor does this proposal recommend reverting back to the old methodology for calculating the wastewater GFC. The FCS study also provided an analysis of the City's fees and charges for services provided. This analysis is straight forward; the fully-loaded labor rate calculation for City utility services is $67.38 per hour. Exhibit B incorporates this calculated rate. Finally, not directly related to the issues above, Exhibit B incorporates 2016 rate increases for the City's three utilities— 1.25% for Water; 2.25% for Sewer; and 3.75% for Storm. These increases all track below the 2012 rate study expectations. These increases are necessary to support the operation and Capital programs of the City's three utilities. The proposed ordinance amends and updates BMC Chapters 15.01 and 15.06 and Ordinance No. 5265 relating to assessments, rates, fees, and charges for water, wastewater and stormwater services. The rates and fees set forth in the attached exhibits to the proposed ordinance are recommended by staff, comport with the FCS study, and include consideration of the Realtor and HBA inputs. ATTACHMENTS: 1) Ordinance No. 5288 with Exhibits A and B; and 2) Background Information FISCAL IMPACTS (Include Budgeted Amount): The study concluded the recommended rates are required to meet cost of service expenses for development activities, and recover system extension costs. Partial implementation of study recommendations will result in ratepayers subsidizing new development and will also result in utility budget shortfalls. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda o General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5288 amending Chapters 15.01 and 15.06 of the Bremerton Municipal Code and Ordinance No. 5265 relating to assessments, rates, fees and charges for water, wastewater and stormwater services. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ORDINANCE NO. 5288 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Bremerton Municipal Code Chapter 15.01 entitled "General Provisions," and Chapter 15.06 entitled "Assessments, Rates, Fees and Charges" and further, amending rates and fees established in Ordinance No. 5265 relating to water, wastewater, stormwater and other related services. WHEREAS, the City Council desires to amend Chapter 15.01 of the Bremerton Municipal Code entitled"General Provisions" in order to update the provisions of Section 15.01.030 related to utility service agreements; and WHEREAS, the City Council desires to amend Chapter 15.06 of the Bremerton Municipal Code entitled "Assessments, Rates, Fees and Charges" in order to update the provisions of Section 15.06.020 entitled "Assessments" relating to the manner in which certain utility rates, fees and charges are assessed; and WHEREAS, the City Council further desires to amend the rates and fees established in Ordinance No. 5265 in conjunction with the amendments to Chapter 15.06 BMC, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1. Code Amended. Chapter 15.01 of the Bremerton Municipal Code entitled "General Provisions" is hereby amended by amending Section 15.01.030 entitled"Assessments" to read as follows: 15.01.030 UTILITY SERVICE AGREEMENT. (a) Each customer of the utility and any person requesting utility service from the City for water, wastewater, or stormwater shall be required to make application and enter into a utility service agreement. Agreements shall be executed prior to connection to the utility system or activation of the account. (b) The utility service agreement shall include the name and address of the owner and the service address of the premises served together with the service requested. The agreement shall be signed by the owner of the property or the owner's designated agent and shall be filed with the�e�Citv before building�ermit issuance. . No partial utility service agreement will be issued or approved; all services re�uested will be listed on the ' a�e�~��~* �**�-~� ��application. The applicant shall pay all installation and inspection fees for ��*^"�*�� the utility services1 as herein provided1 �'*'��*�m� ^��'�^rt before building_permit 1SSUaT1Ce.=n"-c�irrie2'S�-��tt��S'�@ad4£t�o,.� �+,....�,.,..,+v«\ ., o „+..,.,;,7 *l,o f';+.. �L..,11 ..o o+l,e . ,.,�ol 1 Chapters 15.06& 15.06 BMC- Utility Rates& Fees ^��«�r��* :^�*�" *'��..�*�r m�*��„^*;' � ,^" �� a, The buildingpermit will not be issued until all of the ap�licable City fees are paid. (c) The applicant shall pav the�,eneral facilitv char�es(GFC)prior to final building inspection of the facilitv for which the utilitv service is provided. The final buildin� inspection will not be conducted until all GFCs are paid (water, wastewater, stormwater). (ed) The utility service agreement and/or the utility billing owner/tenant change form for service shall constitute a contract between the applicant and the��Citv in which the applicant agrees to pay for service provided at the rate and in the manner specified. (de) The agreement shall be effective at the time it is signed by the Director and charges for service to the premises shall be assessed from date of connection. (efl , , , ��a ��'*'��'��a��•� ��"��'��•�� r��. Customers may request written quotes from the �� Department for the fees, assessments and charges for utility service. Such quotes are valid for ninety(90) days from the date of the quote, or until the end of the calendar year, whichever is sooner. (€g) Every utility service agreement shall become invalid unless the work is scheduled and completed within one hundred eighty(180)days after the utility service agreement is approved. The customer may request an extension prior to the expiration of the one hundred ei�htv(1801 davs. The customer's request must be in writin�,and must explain the basis for the extension. The Director can authorize one(1) one hundred eighty(180) day extension at his or her discretion, based upon a determination that such extension is justified based on the facts. �e . If the agreement becomes invalid as provided herein, all fees paid to the City for utility services shall remain with the City unless the customer requests a refund in writing. Prorating of the refund amount shall be determined by the Director, based on the work performed to date; if no work is performed the maximum refund will be eighty percent (80%) to cover administrative fees. If the Citv has made pavments to third parties in reliance on the utility service agreement, those costs mav be deducted from the ei�v percent (80%) refunded to the customer. SECTION 2. Code Amended. Chapter 15.06 of the Bremerton Municipal Code entitled "Assessments, Rates, Fees and Charges" is hereby amended by amending Section 15.Ob.020 entitled "Assessments"to read as follows: 15.06.020 ASSESSMENTS. (a) General Facility Charge. (1) A general facility charge (GFC) shall be charged on all new or expanded service connections to the utility system (water, wastewater, and stormwater). Existing connections (includin�surface area impact for stormwater) within the system as of the effective date of this Code shall be considered to have paid their proportionate share of the �GFC for existing use. (2) Commencin�on Januarv 1, 2018, and on Januarv 1 st of each successive year thereafter the rates, fees and char�es established in Chapter 3.01 of the Bremerton ' Municipal Code not otherwise adjusted bv the Citv Council during the previous six (6) month I period, shall automaticallv be adjusted as follows: 2 Chapters 15.06& 1 S.06 BMC- , �Utiliry Rates& Fees i. The utilitv GFCs shall be adjusted based upon the most cunent Seattle Construction Index (SCI , and ii. All other utilitv rates, fees and charges shall be adjusted based on the most current Consumer Price Index for all Urban Consumers, Seattle. (�� Parcels and/or facilities which have had utility services but have been inactive can request to have the inactive account�reactivated. When the account is restored and/or expanded, the GFCs shall only be charged for the additional demand placed on the water, wastewater, or stormwater facilities. �--All appropriate GFCs (water/wastewater/stormwater) will need to be paid to reactivatee the services. (34) Parcels and/or facilities in which no utility services are present shall be defined as new undeveloped parcels and shall receive no credits and shall pay all applicable assessments, rates, fees, and charges. �45) Parcels that have had their facilities removed and new facilities constructed will not have to pav additional GFCs, unless the meter size is increased. (4� Change of ineter sizev��'^�a:�^ for the parcel and/or facilitv�ast� which is a reduction in GFCs will not be refunded or credited. �) Change of ineter size for the parcel and/or facilitv which is an increase of GFCs will re�uire the customer to pav for the additional GFCs before work is perfoimed. (38) The calculation of the GFC for stormwater shall be based on the total number of IHSU'-s added to the parcels_ �69� The calculation of the GFC for water shall be based on the meter size to be installed for a new or expanded water service. 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L..,..,7.-�,7 rl...,.�.,...7 e � e • (9� Additional loading or change of use is defined as an increased demand for wastewater treatment from an existing ' building or structure. The additional loading may be the result of replacement or addition to an existing structure or facility, a change in use, or a fifteen(15)percent or greater increase above the permitted volume or character of the wastewater constituents being discharged. (�12) The calculation f GFCs for stormwater shall be based on the number of impervious hard surface units(IHSUs) as defined in BMC 15.01.020. �rt�e... ....t.�..�F ruer r� „t�,...,.ea ��,.i� i.,,t�.,�°a ,... .t�e«,...,t : „ a:.,:a�a �....t�v.. ..t �.,�_= o e . However, all single-family residential parcels as defined in BMC 15.01.020 shall be one(1) IHSU. , , (-1-�� All GFCs shall be assessed and paid at the time of execution of the utility service agreement and prior to occupancy of the new or expanded parcel and/or facilities and shall be in addition to rates and other fees, assessments, and charges established for utility service. A deferral of fees may be approved by the Director at his or her discretion through a written agreement with the customer which includes any interest on the outstanding fees. (b) Administrative Rate Adjustment. The Director is hereby authorized to make adjustments to the GFCs provided in this chapter and set forth in Chapter 3.01 of the Bremerton Municipal Code by increasing or decreasin�the amount up to fifty(50)percent above or below the set char�es in accordance with the followingprovisions: (1) Review. Upon written application to the Director, an applicant may request review of an assessed GFC as applied to the specific developed propertv for which the charge has been calculated. If the applicant disa�rees with the Director's determination, the applicant mav request an additional review bv submitting additional information alon with a $200.00 review processin� fee. The additional information shall include an analysis from a qualified engineer that is stamped and si ng ed_specifying the reasons why the development should qualifv for a lower GFC. The en�ineer's analysis should include information demonstratin�; 7 Chapters I5.06& 1 S.06 BMC- Uti[ity Rates& Fees i. that the impact of the proposed �rowth-related svstem costs of the development to the City's utilities is less than the growth-related svstem costs of other similar developments, and ii. whv a reduced GFC for the development is ecLuitable in the s�ecific circumstance of the development. (2) Final Determination. The Director mav uphold the earlier determination, revise the Director's earlier determination based on the new information or accept an alternate calculation proposed bv the applicant. (3) Appeal. The applicant may appeal the Director's final determination to the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. The appellant mav pav the GFC under protest durin t�ppeal process. Appeals shall be filed within thirty(30)da� followin�the date of issuance of the Director's final determination. If an appeal is not timelv filed the Director's determination shall become final. The appellant shall have the burden of provin�that that the Director's decision was not supported bv substantial evidence. The Administrative Hearin�Examiner shall review and base his/her decision on the criteria established in subsection(1) above as well as other related information. The decision of the Administrative Hearing Examiner shall be final. (�c� Connection/Inspection Fee. A connection/inspection fee shall be charged for all service connections to the utility system. Additional fees may be charged if a re=inspection is required as a result of the property owner/developer's failure to comply with the correction notice from a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site. The connection/inspection fee e�epes��shall be�paid at the time of execution of the utility service agreement or before buildin�permit issuance, whichever occurs sooner. C��imisc-m-�v�ruS'3-i�r�d�^vc-vra�c�s5��3}2H�—��E��e s^c-ccrl�:!^,�' e . � e � (d) Capital Reserves. The general facility funds collected under this chapter shall be deposited in the utilities capital reserve fund and used only for utility system capital improvements. SECTION 3. Rate Tables -E.stablished. Rates and fees for services relating to the Department of Public Works and Utilities for water, wastewater, stormwater and other related services set forth in Chapter 3.01 BMC, as established in Ordinance No. 5265, are hereby amended and reestablished as set forth in the rates tables attached as Exhibits A and B, incorporated herein by reference. SECTION 4. Rate Tables—E,(fective Date. (a) The rate tables as amended and set forth in Exhibit A for GFCs shall be effective January 1, 2016, January 1, 2017, and January 1, 2018 as noted, except that: 1) Projects with a complete building permit application or site development permit application which includes utility services filed with the City on or before December 31, 2015, or projects with land use approval granted by the City on or before December 31, 2015, 8 Chapter.s 15.06& 15.06 BMC- Uti[ity Rates& Fees shall be vested to the GFCs in effect on the date of filing the completed application or the date approval is granted if that amount is lower than the current rate as provided herein, and 2) The Seattle Construction Index (SCI) set forth in BMC 15.06.020 shall not be applied to the January 1, 2016, the January 1, 2017, and the January 1, 2018 charges as established in Exhibit A unless otherwise approved by City Council. (b) The rate tables as amended and set forth in Exhibit B shall be effective January 1, 2016. SECTION S. Severabilitv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval, and publication as provided by law. PASSED by the City Council of the City of Bremerton, Washington this day of , 2015. GREG WHEELER, Council President Approved this day of , 2015. PATTY LENT, Mayor APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk PUBLISHED the day of , 2015. EFFECTIVE the day of , 2015. ORDINANCE NO. R.\Lcgal\Lcgal\Ord�nanccs�Public Works&Util�ties�2016 Chapter 15.06 Utiluy Rates&Fees and I i 01 -Ordmance8.docx 9 Chapters 15.06& 1 S.06 BMC- Utiliry Rates& Fees Exhibit A ASSESSMENTS,RATES, FEES, AND CHARGES EFFECTIVE January 1, 2016,January 1, 2017 and January 1, 2018 Inside and Outside City Limits GENERAL FACILITY CHARGES Water;��:."."__'_-�:�_;bascd on metcr size avcragc normal flow 2009 2016 2017 2018 �/2s" x 3/4" � �,s�-�T:gg $ 3,016.92 S 4,448.58 $ 5,88U.OU �" � �,3-l�o S 3,016.92 � 4,448.58 $ 5,880.00 I" C:ommerc�al � �q^��'� S 4,133.18 S 6,094.59 $ 8,056.00 I 1/2" Commercial _ , . S 24,135.35 S 35,587.67 $ 47,040.00 2" Commcrcial � �9,^Q�o $ 24,135.35 $ 35,587.67 $ 47,040.00 i- w �� i�..i,...i...,.a�..,..oa,. .�.rt� 3" Commercial `��--^-�----^------- ----�-� $��E�;��A.-AA $ 60,338.37 $ 88,969.18 $ 117,600.00 4" Commercial 5----1-A�&99 $ 120,676.74 $ 177,938.37 S 235,20U.00 Greater than 4" ase y asc asis ase v ase asis asc v ase asis �v.,..«,......«��i..,.�cot n �� 3rQ�ov��r.vv � Wastewater based on metcr s�ze avcra�e normal flow 5/8"x 3/4" � 4,566.83 $ 5,714.91 S 6,863.00 1�� 4,566.83 5,714.9 6, 63. 1" l.ommercial , • • • 1 l/�" l'ommercial • • • �" Cominercial 31,9 7. 40, . 0 8,041.00 3" Commcrcial 82,202.92 102,868.46 123,534.00 4"Commercial 1 ,405.83 2 5,736.92 247,068.00 Greater than 4" Case bv Case basis Casc by Case basis Case bv Case basis Stormwater(per 1HSU) � 1;8'-r°.� � 1,731.00 $ 2,443.00 $ 3,157.00 The GFCs as amended and set forth in Exhibit A shall be effcctive January l,2016,January l,2017,and January 1,2018 as noted,exccpt that: 1) Projects with a completc building permit application or sitc dcvelopment permit application which includcs utility services filcd with the City on or before December 31,2015,or projects with land use approval granted by the City on or before December 31,2015,shall be vested to the GFCs in effect on the date of filing thc complcted application or the date approval is granted if that amount is lower than the current rate. 2) The Seattle Construction Index(SCl)set forth in BMC 15.06.020 shall not be applied to the January 1,2016,January 1,2017 and January l,2018 charges as establishcd in Exhibit A unless otherwise approved by City Counc�l. Exhibit B ASSESSMENTS,RATES,FEES,AND CHARGES EFFECTIVE January 1,2016 Within Outside City Limits City Limits CONNECTION FEES Water Connection Fees 5/8"x 3/4" � ��33�A $ 2,654.00 � 3;9�3H $ 3,981.00 1" � �-z�-I-:(� $ 2,862.00 y�3;33a.�A $ 4,293.00 1 I/2" y 4;�3�.� $ 6,063.00 � �,�33.3A $ 9,094.50 2" � 4,�36.-^�, $ 6,859.00 ��;8E�AA $ 10,288.50 3"-4"x 4"-Service to property linc $ 12,770.00 $ 19,155.00 3"-4"x 6"-Service to property line $ 12,944.00 $ 19,416.00 3"-4"x R"-Service to property Ime $ 13,258.00 $ 19,887.00 3"-4"x 10"-Service to properiy Ime $ 14,912.00 $ 22,368.00 3"-4"x 12"-Scrvice to property line $ 13,006.00 $ 19,509.00 4"-4"x 4"-Scrvice to property line $ 14,116.OU $ 21,174.00 4"-4"x 6"-Servicc to property line $ 14,291.00 $ 21,436.00 4"-4"x 8"-Service to property linc $ 14,605.00 $ 21,907.00 4"-4"x 10"-Servicc to property linc $ 16,258.00 $ 24,387.00 4"-4"x 12"-Servicc to property line $ 16,263.00 $ 24,394.00 6"-6"x 6"-Service to property line $ 17,I 17.00 $ 25,675.00 6"-6"x 8"-Service to property line $ 17,431.00 $ 26,146.00 6"-6"x 10"-Service to properry line $ 19,084.00 $ 28,626.00 6"-6"x 12"-Scrvice to property lme $ 19,084.00 $ 28,626.00 8"-8"x 8"-Service to property line $ 22,674.U0 $ 34,01 I.00 8"-8"x 10"-Service to property ime $ 24,397.00 $ 36,595.00 8"-8"s 12"-Serv�ce to property line $ 24,397.00 $ 36,595.00 !0"- 10"x 10"-Servicc to property line $ 27,730.00 $ 41,595.00 10"- 10"x l2"-Scrvice to property lme $ 28,218.00 $ 42,327.00 Greatcr than 12" Actual Time&Matenals I50%of Actual Time&Materials Wet Tapping (Water Main Only)* z��.. in�� e ,.i..a...,.v ., v.�...,.i.r.ii y ��fi��i-.vv �i��,z�.�m 4"x 4"-excluding excavation&backtill $ 3,O12.00 $ 4,515.00 4"x 6"-excluding excavation&backfill $ 3,186.00 $ 4,779.00 4"x 8"-excludmg excavation&backfill $ 3,500.00 $ 5,250.00 4"x 10"-excludmg excavation&backfill $ 5,154.00 $ 7,731.00 ' 4"x 12"-excluding excavation&backfill � 3,-I'-,T� $ 5,159A0 ��-4,'—.o�3A $ 7,738A0 6"x 6"-excluding cxcavation&backfill $ 3,413.00 $ 5,119.00 6"x 8"-excludmg cxcavation&backfill $ 3,727.00 $ 5,590.00 , 6"x 10"-excluding excavation&backfill $ 5,381.00 $ 8,071.00 6"x 12"-excluding excavation&backfill � �r,3�Ho $ 5,381.00 �3�6-H9 $ 8,071.00 8"x 8"-excluding ezcavation&backfill $ 4,359.00 $ 6,538.00 8"x 10"-excluding excavation&backfill $ 6,083.00 $ 9,I 24.00 8"x 12"-excluding excavation&backfill � 4,�47.Ao $ 6,200.00 ��—�3�39 $ 9,300.00 10"x 10"-cxcluding excavation&backfill $ 6,931.00 $ 10,396.00 10"x 12"-excludin�excavation&backfill $ 7,392.00 $ 1 I,088.00 12"x 12"-excludmg excavation&backfill � 3;4�4.9H $ 7,304.00 � -8�.'�-��09 $ 10,956.00 2"-service to property line $ 3,705.00 $ 5,557.00 ��.,, i n�� c �nc i nn �i--�� a��o 4"x 4"-service to property l�ne $ 8,807.00 $ 13,210.00 4"x 6"-service to property line $ 8,982.00 $ 13,473.00 4"x 8"-service to property lme $ 9,296.00 $ 13,944.00 4"x 10"-service to property line $ 10,949.00 $ 16,423.00 4"x l2"-scrv�ce to properry line � �95r��H $ 10,954.00 �=�T2S-0o $ 16,431.00 6"x 6"-service to property line $ 8,875.00 $ 13,312.00 6"x 8"-service to property Ime $ 9,I 89.00 $ 13,783.00 1of7 Within Outside City Limits City Limits 6"x 10"-service to property line $ 10,843.00 $ 16,264.00 6"x 12"-service to property line � 7;43(�.� $ 10,843.00 ��N,-f-t3-Ao $ 16,264.00 8"x 8"-service to property line $ 10,174.00 $ 15,261.00 8"x 10"-service to property line $ 11,89R.00 $ 17,847.00 8"x 12"-service to propert,y line y ��2:8(3 $ I 1,897.00 � 1�;�33�9 $ 17,845.00 10"x 10"-service to property line $ 13,391.00 $ 20,086.00 10"x 12"-service to property line $ 13,879.00 $ 20,818.00 12"x I2"-scrvice to property Ime �-----EH�4�A9 $ 14,767.00 � ��;AT2:A(� $ 22,I50.00 Greater than�"-x-� 12" Actual Time&Materials I50%of Actual T'ime&Matenals Fire Hydrant Installation* 6"x 8"and smaller-service to property Ime � 8�i�0o $ I 1,490.00 � 1-�,943.39 $ 17,235.00 6"x 10"••-�'�'T-servicc to property line � �3�0 $ 13,144.00 ��14�61.A9 $ 19,716.00 6"x l2"-service to property line $ I 3,144.00 $ 19,716.00 Grcater than F;'�Fr'6"x l2" Actual Time&Materials 150%of Actual T�me&Materials PLAN CHECK/1NSPECTION FEES Engineering Services** Plan Check Fees Main Extensions: per foot $ 0.29 $ 0.44 BUT not less than $ 244.00 $ 366.00 (Includcs hydrants and appurtenances and connection to watcr system) Pump Stat�ons $ 613.00 $ 920.00 Firelme Extension $ 98.00 $ 147.00 Irngation Systems $ 98.00 $ 147.00 Miscellaneous(per hour) � ��0 $ 81.00 ; '78� $ 121.00 Storm Drainage Plan Review Fees*** Prcliminary Dramage Plans Residential Development $ 379.00 N/A Non-Residential Development $ 262.00 N/A Plus per IHSU $ 1 I.41 Final Detailed Dramage Plans Residential Devclopment(per lot) 0-20 Lots $ 41.07 N/A 21 -50 Lots $ 29.67 N/A 51 - 100 Lots $ 26.25 N/A 100+Lots $ 22.82 N/A Minimum Charge $ 291.00 N/A Non-Residcntial Developmcnt per IHSU $ 22.82 N/A Minimum Charge $ 349.00 N/A Resubmittal Fees First Resubmittal No Chargc N/A Subsequent Resubmittal $ 291.00 N/A Field Inspection Fees Water main extensions(per foot) $ 1.29 $ 1.94 but not less than: $ 477.00 $ 715.50 Pump Station $ 629.00 $ 943.50 Miscellancous(per hour) � �3�H $ 81.00 � 7T3f� $ 121.00 2of7 Within Outside City Limits City Limits Wastewater Connection Fees Lateral Connection at P/L �-�,o $ 81.00 �-:�� $ 121.00 Lateral Connection at Main $ 308.00 $ 462.00 Conveyance Facility Ext.(Per Foot) $ 1.70 $ 2.55 but not less than: $ 371.00 $ 556.50 Pump Station $ 617.00 $ 925.50 Miscellaneous(per hour) � 3�?� $ 81.00 � �$.� $ 121.00 Storm Drainage Inspection Fecs*** Residential Development(per lot) $ 17.12 N/A Non-Rcsidential Development(per IHSU) $ 17.12 N/A Minimum Chargc $ 175.00 N/A Conveyance Facility Extensions(per foot) $ 0.91 N/A Minimum Charge $ 349.00 N/A Unschedulcd Inspections****(per site visrt) � ��:A(� $ 81.00 N/A MISCELLANEOUS FEES AND CHARCES Office Services New Account(includes water tum-on) $ 20.00 $ 20.00 Account Maintcnance $ 5.00 $ 5.00 Past Due Notice $ 2.50 $ 2.50 ACH Crcdit Lien Recovery Charge $ 100.00 $ 100.00 C'losc AccounUMeter Read/Water Service"I�urn- off $ 2(l.pp $ 20.00 Utility/Lien Search Fee(Manual)per parcel $ 30.00 $ 30.00 Park Rcservatton Fee(non-refundable) �i 38.�; $ 100.00 $ SA.� $ 100.00 Field Services Pavement Restoration Charge (rcfundable,if assesscd and not reyu�rcd) Asphalt Patch $ 694.00 $ 1,041.00 Concrcte Patch $ 1,248.00 $ 1,872.U0 Asphalt Trcnch $ 1,582.00 $ 2,373.00 Concrctc Trench $ 1,59A.00 $ 2,397.00 County Road Permit N/A Cost Water Metcr Reinstallation 3/4"& I" � BA.� $ I 15.00 �- °`�.�^� $ I I 5.00 1-1/2"&2" � �3��0 $ 182.00 � }3�� $ 182.00 3"and greater Actual Time&Materials Actual T�me&Materials Water Metcr Reactivation-Snowbirds $ 50.00 $ 50.00 I Water Metcr Tampering Tampermg i�er�►eva�Fec $ 250.00 $ 250.00 Tatnpering�afiea Repair Actual Timc&Materials Actual Time&Materials F�re Service-Detector,Meter&MXU � 43b.� $ 460.00 $---43Er.E)(� $ 460.00 Storz Adapter � 3A^.� $ 237.00 � 3ATf)H $ 237.00 3of7 Within Outsidc City Limits City Limits Water Scrvice Turn-off/Tum-on (Customcr Request) Regular Hours y ��09 $ 40.00 � �A.�A $ 40.00 After Hours � NSr.Ao $ 182.00 y N3-99 $ 182.00 Delinyuency Noticc � I-A.� $ 20.00 � 1-�4�9 $ 20.00 Water Service Turn-oft%Turn-on (Delinquent Accounts) Regular Hours �i �A.'� $ 60.00 $ 3�1.� $ 60.00 After Hours y I-��-AA $ 182.00 �i--�Sr.AA $ 182.00 Flow and Pressure Test(Unccrtified) 3/4"& 1"meters only � 3H.� $ 81.00 y 36.� $ 81.00 l-I/2"&2"meters only � 1-��HO $ 148.OU � -k{�2:A(� $ 148.00 Larger than 2" Actual Time&Materials Actual Time&Materials Mcter Test Fee(based on mcter size) 3i4"& I" � E3�� $ 182.00 ��--I�� $ I 82.00 1-1/2"&2" � 1-�2�0 $ 248A0 y 1-�2� $ 248AO 3"or greater Actual Time&Materials Actual Timc&Materials Utility Plant Locatcs Regular Hours N/C N/C After Hours �r I-9-I.� $ 182.00 y 1-�}l.� $ 182.00 Emergency N/C N/C Unlity Comphance Spccialist Inspection � �6.`� $ 81.00 y �6.AA $ 81.00 Admmistration Fee $ 34.00 $ 34.00 RETAIL WATER SERVICE RATES General Scrvice-Monthly Service Charge Metcr Size 5/8 x 3/4 mches � ��-r $ 12.26 y� '---�.� $ 18.39 1 inch � 1�.�,4 $ 14.01 �i �E�-7T $ 21.03 I l/2 inch y 11.1� $ 19.93 �'r- �9-3� $ 29.89 2 inch � �6.44 $ 26.77 $ 39.� $ 40.16 3 mch �r 3H.�. $ 50.79 � �3."�►4 $ 76.l S 4 mch �'r 43z'� $ 9438 � F3,.°'' $ 141.57 6 inch $ 331.43 $ 335.57 � 4�7-13 $ 503.36 8 mch � F,Za-A�3 $ 1,225.78 Q��; $ 1,838.68 10 inch y 4,3-I',�Fi $ 4,371.83 �--�;4�6�7� $ 6,557.74 121ttCh ,"r I�i3?�3 $ 16,435.13 � �4,34834 $ 24,652.69 I Residential Commodity Chargc(per HCF) Per HCF/Month � Z�9 $ 2.l2 � 3-1t $ 3.I 8 Non-Residential Commcxlity Charge(per HCF) y �81} $ 1.91 � ��3 $ 2.R7 Fire Protection-Monthly Service Charge Sernce Size 1 inch � ��-13 $ 25.44 � 3'7�9 $ 38.16 1 I/2 inch �4 of 7 �.� $ 38.29 � 3f�73 $ 57.44 2 inch y 4i.1-;T $ 49.78 � �3a� $ 74.6R 3 inch � 54.18 $ 54.86 � 8-1.2$ $ 82.30 Within Outside City Limits City Limits 4 mch � 5}..� $ 59.80 � 88.�3 $ 89.69 6 inch � ��71 $ 74.63 � H-0:� $ 111.95 8 inch � 98.14 $ 9937 y 1-47-z'�-E $ 149.05 10 inch �i {37.34 $ 139.06 y Z9H.� $ 208.59 12 mch � }�9(��f� $ 198.65 � �943E) $ 297.98 Commod�ry Charge(per HCF) y-�;� $ 3.84 ��oa $ 5.75 -For Usage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen-Monthly Servicc Charge Base Charge(per account)5/8"x 3/4" � lZ�-} $ 12.26 � E8.-]-; $ I 8.39 Base Charge(per account) 1" �i E3.84 $ 14.01 � �H.� $ 21.03 Commodity Charge 0-5 HCF/Month No Charge No Charge Over 5 HCF/Month y Z�n $ 2.12 � 3:-1� $ 3.18 Temporary/Construction Metcr I" Meter Deposit $ 300.00 $ 300.00 Base Fee(per month) � {3.E4 $ 14.01 � 2A.� $ 21.03 Set Up Fee � N-2-.AO $ 229.00 � 1-�� $ 229.00 Hydrant meter(3"Meter) Deposit $ 2,000.00 $ 2,000.00 Basc Fee(per month) y �A.I-6 $ 50.79 �i �3.'��4 $ 76.I 8 Set Up Fec $ -FIz.'�-:H(� $ 229.00 � �'�-:HG $ 229.00 Equipment Loss/Damagc Actual Time&Materials I50%of Actual Time&Materials Commodity Charge(per HCF) y �•�3y $ �•9� � ��3 $ 2•8� RETAIL WATER SERVICE RATES(cont'd) City Parks and Recreation Dcpt. -Irrigation Commodity Charge(per HCF) y A� $ 0.95 Gold Mountain Golf Coursc ComQlex-Im ag tum � Commodity Charee(per HCFI y 1,�8 $ I 30 RETAIL WASTEWATER SERVICE RATES Monthly Servicc Charge Singlc Family Base Charge(per account) y 33.49 $ 34.24 ; 39�3 $ 51.36 Commod�ty Charge(per HCF) �-�� $ 4.59 � �7� $ 6.89 Duplex on I Meter or 2 Bldgs.on I Meter Base Charge(per unit) � �6.3� $ 27.12 �-�.:� $ 40.68 Commodity Charge(per HCF) y 4.4� $ 4.59 � �7� $ 6.89 Multi-Family Base Chargc(per unit) ,°',-�:� $ 27.12 y 39.� $ 40.68 Commodiry Charge(per HCF) �-� $ 4.59 � 6.74 $ 6.89 Low-Income Semor and Low-Income Disabled Citizen Base Charge(per account) � iAT� $ 21.24 � 3-I.�S $ 32.26 5 of 7 Commodity Charge(per HCF) 0-5 HCF/Month No Chargc No Charge Over 5 HCF/Month �i 4.4n $ 4.59 ; �7� $ 6.89 Within Outsidc City Limits City Limits Commcrcia) 1 Base Charge(per account) ,"r 45�3(� $ 50.61 $ �4.�6 $ 75.93 Commodity Charge(per HCF) � 4.H3 $ 4.73 �'r � $ 7.I 0 Commcrcial I I Basc Charge(per account) � 3936 $ 51.49 � �.34 $ 77.24 Commodiry Chargc(per HCF) � ��4 $ 7.40 � }A.� $ 11.10 Commercial I I I Base Charge(per account) y 44.87 $ 50.99 ; 74.� $ 76.48 Commodity Chargc(per HCF) � S.ri.)3 $ 6.06 � i�3� $ 9.09 Bcverape Production Base Char e�(per accountl � 3A.36 $ S 1.49 ; �3.34 $ 77.24 CommoJitv Char e�(per HCF1 y 4.7A $ 4.81 y �:A3 $ 7.21 Commercial Fountains-Separatelv Metercd Base Char e�(per account) � 49.39 $ 50.61 � "i4.26 $ 75.93 Commoditv Charee Iper HCFI � �33 $ 1.56 y Z.�� $ 2.34 Septage Disposal(per gallon of tank capaciry) y A-�3 $ 0.26 y A:3� $ 0.38 Leachate Per Gallon of Tank Capacity $ 0.11 $ 0.17 Individual Rcsidential Grinder Pumps Gnndcr Pump Surchargc � 1-A.� $ I 1.03 � }H.� $ 16.55 Low-Income Semor and Low-Income Disabled Gnnder Pump Surcharge �+ R.94 $ 8.28 � �2�6 $ 12.42 RETAIL STORMWATER RATES Monthly Servicc Charge Residential I(Single Family/Duplcx) Base Charge(per account) y N.�1 $ 11.54 N/A Exception: Duplex with 2 Meters(per account) y�� $ 5.80 N/A Res�dcntial Il-SW Impact Fec (per IHSU) Q••��^'-••-��'��-"'�'-'`150%of the Res I Base Charge y 16.64 $ 5.77 N/A Residential lll-SW Impact Fee (per IHSU) 100%of the Res 1 Basc Charge y�� $ I 1.54 N/A Commercial I ' Base Charge(per IHSU) y �1.1 E $ 11.54 N/A Commercial ll-SW Impact Fee(per IHSU) 50%of the Comm I Base Charge � I�64 $ 5.77 N/A Commercial lll-SW Impact Fee (per[HSU) 100%of the Comm I Basc Chargc � �� $ l I.54 N/A Public School Districts(per account) � �I.l� $ I 1.54 N/A 6of7 Low-Incomc Scmor and Low-Incomc D�sablcd Citizen Base Charge(per account) � �7T $ 7.02 N/A Within Outsidc City Limits City Limits Multi-Family&Commercial Ratc Adjustmcnt Water Quality(per IHSU) � �3 $ I.28 N/A Water Quantity(per IHSU) y 3:7z $ 3.86 N/A Stormwatcr Penalty New Multi-Family&Commercial development without on-site detention Charge(per IHSU) � ��6 $ 2.55 N/A *Pavcmcnt Rcstoration Charge May Also Be Assessed **Fees mclude origmal rcvicw and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate(above). ***Does not apply to s�ngle family residcncc or duplex construction on an existing established lot. ****(Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to tinal occupancy approval.) 7of7 :, �` �'� ':;> FCS C�ROUP Solutions-Oriented Consultina M e m o ra n d u rr� b To: Wayne Hamilton, City of Bremerton Date: January 23, 2015 F'rom: Angie Sanchez Virnoche, Chris Gonzalez, Ryan Bert; FCS GROUP RE: General Facilities Charge Update INTRODUCTION In February 2014, the City of Bremerton (City) contracted with Financial Consulting Solutions Group, Inc. (FCS GROUP)to perform a general facilities charge (GFC) update for the water, wastewater, and stormwater utilities. The GFC update was in conjunction with the review of the City's miscellaneous fee schedule, which is described in a separate memorandum. This memorandum discusses the various aspects of the process used to update the City's water, wastewater, and stormwater GFCs. Appendix A includes the detailed spreadsheets supporting the study results. METHODOLOGY �` GFCs are imposed as a condition of service on new customers connecting to the system. In addition to any other costs related to physically connecting a customer to the system, the GFC is typically based on a blend of historical and planned future capital investments in system infrastructure—its underlying premise is that growth(future customers) will pay for growth-related costs that the utility has incurred (or will incur) to provide system capacity to serve new customers. The purpose of the GFC is two-fold: 1) to provide a source for capital financing and 2)to eyuitably recover a proportionate share of utility plant-in-service costs from new customers. In the absence of GFCs, growth-related costs would be borne in large part by existing customers. The cost of the system to be recovered by GFCs can be defined in two parts: an existing cost portion based on historical investments in existing infrastructure, and a.future cost portion that recovers costs related to planned capital projects. Revenues generated from the GFCs can be used to fund capital projects or debt service incurred to finance capital projects, but should not be used to pay for operating and maintenance costs. While Section 35.92.025 of the Revised Code of Washington(RCW) authorizes the City to impose GFCs, it does not outline a specific methodology for calculating them. The City has considerable latitude in choosing from a variety of legally defensible approaches used in the industry, but it is important that the City's GFCs are based on an equitable allocation of system costs to growth. Since the calculated charges represent the maximum allowable charge, the City may choose to implement a charge at any level up to the calculated charge. This study uses an"integrated" approach to compute the GFCs, which is summarized in Exhibit 1: r --- •:;>FCS GROUP 5olubnns-Otic�nled Consullmti Page 1 City of Bremerton January 23, 2015 '• 2014 GFC Update Exhibit 1: GFC Calculation Methodolo�v �- + � . GFC = + + This "integrated" approach allocates costs to customers based on who benefits from the related facilities. Because existing assets are built to meet existing demands and oversized to accommodate growth, the cost of the existing system is allocated to both existing and future customers. Costs that are associated with capacity-expanding projects that are necessary to serve growth are allocated exclusively to growth. The GFC also reflects an allocation of a portion of project costs that are not exclusively growth-related to new customers on the premise that existing and future customers benefit from these projects. Recognizing that certain parts of the utility systems may have differing levels of capacity, this analysis considered splitting each of the GFCs into functional components. ♦ For the water utility, the GFC was separated into supply, pumping, storage, transmission and distribution, meters and services, hydrant, and general plant components. Because there was not enough information available to isolate the capacity of individual system functions, this memo presents the water GFC as a combined total charge. ; ♦ For the wastewater utility, there is a meaningful distinction in functions of service. In particular, the utility's capacity to treat wastewater is defined in terms of flow and loadings,the latter of which is expressed in terms of biochemical oxygen demand (BOD) and total suspended solids (TSS). Because the wastewater utility's capacity to treat BOD and TSS differs from its capacity to convey flows, the wastewater GFC is presented in terms of separate treatment and collection components. ♦ Because the stormwater utility was established to serve one function (stormwater drainage), the GFC is presented as a combined total charge. Existing Cost Basis The existing cost basis is intended to recognize the current ratepayers' net investment in the original cost of system assets. The total cost of each utility system(water, wastewater, stormwater) reflects: ♦ Utility Plant-In-Service: The majority of the existing cost basis is composed of the original cost of plant-in-service, as documented in the City's 2013 fixed asset schedules. ♦ Plus: Construction Work In Progress: The cost of construction work in progress as of the beginning of 2014 is added to the existing cost basis to recognize investments that the City has made in capital projects that are currently underway, despite the fact that these projects have not yet been booked as assets. •:;>FCS GR4UP tiululions-Oiii�nlcd Consullin�; Page 2 � City of Bremerton January 23, 2015 2014 GFC Update � 0 Less: Contributed Capital: Assets funded by developers or grants are excluded from the cost basis � on the premise that the GFC should only recover costs actually incurred by the City. Assets funded by special assessments are also excluded from the cost basis to avoid double charging customers for assets that were funded through those assessments. City staff provided records of historical annual capital contributions since 2004, as well as an aggregate sum of contributions received prior to 2004. Though the City's fixed asset schedule includes some utility-funded water meters and service lines, these costs are also excluded from the GFC cost basis to recognize that new customers generally have to pay for their own meters and service lines. 0 Less: 10-Year Provision for Capital Retirements: The provision for capital retirements recognizes that some capital projects will replace assets that are currently included in the City's fixed asset " schedule. This adjustment intends to avoid double charging customers for an asset and its replacement, while recognizing that assets are generally replaced at a cost that exceeds their original installation cost. 0 Plus:Literest on Utility-Funded Assets: RCW 35.92.025 and subsequent legal interpretations provide a guideline for connection charges which suggests that such charges can include interest on an asset at the rate applicable during the time of construction. Using the historical Bond Buyer Index for 20-year term bonds, interest can accumulate for a maximum of ten years from the date of construction for any particular asset, and cannot exceed an interest earnings rate above 10% in any given year. Conceptually, this interest provision attempts to account for opportunity costs that the City's customers incurred by supporting investments in infrastructure rather than having it available for investment or other uses. i—•, � 0 Less:Net Debt Principal Outstanding: Another adjustment to the existing system cost basis is to �_.. � deduct the net liability of outstanding utility debt, recognizing that new customers will bear a proportionate share of this debt related to existing assets through their utility rates. Therefore, the cost of those assets charged to new development is offset to some degree by the remaining debt liability. Since the utility typically has cash resources that are not included in the system cost basis, the net debt load is defined as total debt minus outstanding cash and investments. After factoring in the above adjustments, the.existing cost basis will be spread across the total future customer base (existing and incremental future growth), as all existing infrastructure will continue to benefit all customers. The existing cost basis for each utility is shown below in Exhibit 2. Exhibit 2: Existing Cost Basis E��3 �C��,�9 � Yl�rr� � � R�PQd � Existing Cost Basis Plant-In-Service as of Year-Fnd 2013 $ 77,760,222 $ 43,927,551 $ 100,586,300 $ 144,513,851 $ 5,655,796 less Contnbuted Capital (25,929,238j - (38,005,854) (38,005,854) (3,674,167) less.ProvisionforRetirementofEwstingAssets (1,140,093) (314,045) (927,505) (1,241,550) (144,163) plus:Eligible Interest Accrual 32,895,1�0 28,201,242 42,795,963 70,997,205 ],594,457 plus.Construction Work In Progress 592,502 - 1,667,728 1,667,728 681,195 less:0utstanding Debt net ofCash Reserves - (5,982,955) (10,905,50"n (16,888,462) - Net E�risNng Cost Basis $ 84,178,544 $ 65,831,793 $ 95,211,125 $ 161,042,918 $ 4,113,118 C.__ �:;�FCS GROUP Solutions-Ononicd(:unsultin�; Page 3 City of Bremerton .Yanuary 23, 2015 � 2014 GFC Updage Future Cost Basis ��- �:� � � .. - The future cost basis can include utility capital projects planned for construction and identified in the comprehensive system planning documents. With input from City staff, each project in the 2014—2020 capital improvement program was allocated as either"upgrade/expansion" or "repair/replacement." Totals for each utility are listed below: 0 Repair and Replacement Projects: Consistent with the proposed GFC methodology, future repair/replacement costs are spread across the total customer base (existing plus incremental future growth customers), as these projects are intended to replace assets listed in the existing cost basis and provide a common benefit to all customers connected to the system. 0 Upgrade and Expansion Projects: Growth-driven projects that increase the capacity of the system are allocated exclusively to future connections. 0 Less: Outside Funding Sources: Projects directly funded by developers or special property assessments are not included in the calculation. Exhibit 3 summarizes the future cost components for the water, wastewater, and stormwater utilities. Exhibit 3: ]Future Cost Basis �9Q°U� W� e�`II� 6��`�E3 o , �G� '�bm� C�� _ � � f._. _ ;, _ , Future Cost Basis [ �- � � Capital Improvement Plan Upgrade/Expansion Projects $ 15,570,000 $ 11,812,500 $ 27,144,500 `•: $ 38,957,000 $ 12,577,500 less:Outside Funding Sources (60,000) - (11,600,000)` (11,600,000) (1,200,OW) Repair&Replacement Projects 12,080,000 3,327,500 9,827,500 i 13,155,000 1,527,500 less:Outside Funding Sources - - _ `: _ _ . .. . .. .. . . ' . Net�ture Cost Basis :•;. ,.: � , $ " . 27;SQ0,000' ;$ .', :15,140;OOU. ��$ 25,372,000;'i-$:.•',-•,40;512;000 '.$ :.'•12;905;000 � Customer Base � � The customer base is separated into two groups: existing customers and expected customer growth. a Existing Customer Base: The 2014 existing customer base is estimated separately for each utility. � Water: The existing water utility customer base is estimated based on assumptions established during the 2012 rate study performed by FCS GROUP. 2012 water ERUs were listed at 35,088 ERUs, and were expected to grow at an annual growth rate of 0.70%per year. Incorporating these assumptions, the water utility is estimated to serve 35,581 ERUs as of 2014. Without existing capacity estimates by function of water service, all functions are assumed to contribute equal capacity towards the existing customer base. °�FGS GROUP .oe e Snh�iiuns•Oricnlcd Consuhmg Page 4 � City of Bremerton January 23, 2015 2014 G�'C iJpdate �� ■ Wastewater: The wastewater customer base is estimated based on the information contained in , , the 2014 Wastewater Comprehensive Plan, in terms of flow, biochemical oxygen demand (BOD) and total suspended solids (TSS). Assuming that an equivalent residential unit (ERU) generates 168 gallons per day in flow with loadings of 0.47 lbs. of BOD and 0.47 lbs. of TSS under maximum-month conditions, 2010—2013 influent data from the City's treatment plant suggests that the City is serving 45,628 ERUs on a flow basis, 20,106 ERUs on a BOD basis, and 22,045 ERUs on a TSS basis. ■ Stormwater: During the 2004 GFC study completed by Environmental Engineering Services, Inc., impervious service unit (ISU) estimates were derived using future growth assumptions for each land use type (residential, commercial, industrial, parks, etc.). Based on this study, the stormwater system is estimated to serve a total of 24,564 ISUs in 2014. • Future Customer Base: Growth in the customer base is estimated separately for each utility,recognizing that for system capacity purposes,the definition of an ERU or ISU differs for each utility. Although the project list utilizes a 7-year planning period(2014—2020),the improvements are expected to serve 20 years of growth, and therefore, customer bases are projected tlu-ough 2033. ■ Water: Incorporating the 2012 rate study growth rate assumption of 0.70% per year, the water utility is expected to serve 40,624 ERUs by 2033. ■ Wastewater: Growth ERUs are estimated for the wastewater utility based on the difference between the number of ERUs that the City's permitted capacity can serve and the number of existing ERUs. The City's design capacity under maximum-month conditions allows for 9.0 mgd of flow (15.0 mgd, net an allowance of 6.0 mgd for inflow and infiltration), 18,100 lbs. per day � `; of BOD, and 22,600 lbs. per day of TSS —based on the current flow and loading characteristics `�- of an ERU, this equates to a total ERU capacity of 53,571 based on flow, 38,511 based on BOD, and 48,085 of TSS. Netting out the existing ERU estimates results in growth estimates of 7,943 for flow-based ERUs, 18,405 for BOD-based ERUs and 26,041 for TSS-based ERUs. Because the City's ERU capacity is limited by the amount of BOD that it can handle at its treatment facilities, BOD-related ERUs are used for the treatment component of the wastewater GFC. Because BOD and TSS are only relevant for the treatment portion of the GFC, flow-based . ERUs are used to calculate the collection component. ■ Stormwater: Incorporating the 2012 rate study growth rate assumption of 0.81%per year, the stortnwater utility is expected to serve 28,633 ISUs by year 2033. GFC Calculation As described previously, the sum of the existing cost basis and the repair/replacement portion of the future cost basis is divided by the total customer base (or design capacity) for each function. The upgrade/expansion portion of the future cost basis is divided by the number of future incremental growth connections for each function. These are added together to determine the maximum allowable GFC per function, as well as in an aggregate total. Exhibit 4 summarizes the GFC calculation for the water, wastewater, and stormwater utilities. � •:;>FCS GROUP S�:du�ions-Onc�mcd Consuhin�; Page 5 City of Bremerton January 23, 2015 - 2014 GFC Update Exhibit 4: GFC Calculation � • � � � � • FSeisNng Cost Component Total F�asting Cost Bas�s $ 84,178,544 $ 65,831,793 $ 95,211,125 $ 4,113,118 AllocableClistomerBase:AllERUs(e�asting+growth) 40,624 38,511 53,571 28,633 Fkisdng Cost Basis Charge r FRU $ 2,072 $ 1,709 $ 1,777 $ 3,487 $ 144 Future Cost Component Net Upgrade/F�ans�on Pro�ects $ 15,510,000 $ 11,812,500 $ 15,544,500 $ 11,377,500 Allocable Customer Base:Incremental Future FRUs 5,043 18,405 7,943 4,069 Repa'v&Replacement Pro�ects $ 12,080,000 3,327,500 9,827,500 . 1,527,500 Allocable�stomer Base.All D2Us(e�asting+growth) 40,624 38,511 53,571 28,633 Future Cost Basis Charge per IItU $ 3,373 $ 728 $ 2,140 $ 2,869 $ 2,849 � Exhibit 5 provides the entire GFC schedule, incorporating the City's 2014 meter factors (based on the relationship between the flow capacity at each meter size), illustrating how existing GFCs would compare with the study's updated calculations. Exhibit 5: GFC Schedule - Existing vs. Updated Meter Size 2014 Factors � 3/4" 1.00 $ 2,511 $ 5,445 GFC per FRU $ 3,801 $ 6,355 1" 2.50 $ 6,278 $ 13,613 11/2" 5.00 $ 12,555 $ 27,227 2" 8.00 $ 20,088 $ 43,563 3" 17.50 $ 43,943 $ 95,294 4" 30.00 $ 75,330 $ 163,360 GFC per ISU $ 1,019 $ 2,993 6" 67.50 $ 169,493 $ 367,561 8" 80.00 $ 200,880 $ 435,628 10" � 100.00 $ 251,100 $ 544,534 � Exhibit 6 provides two GFC comparison surveys: one pertaining to water and sewer utilities (base-sized meter, 3/4"), and a separate survey for stormwater, showing how the City's existing(2014) and proposed GFCs compare to the rates charged in other jurisdictions. •:;>FCS GROUP $nlulwn5-Otionlcd Cunsullin� Page 6 � City of Bremerton January 23, 2015 2014 GFC Update Exhibit 6: Comparative GFC Survev � � a'Ia'� �� l Gig Harbor ____ _ $ 6180 $ 8 540 $ 14 720 , ..--- �--- --...---'---------�--�---�—'--._...___._.------'---- Bremerton_(Updatecn. ---._.. _$;._....._...__5,445-- $ --. ._6,355 $_.._. ..1:1�80_l� Port Orchard $ 4,769 $ 6,359 $ 11,129 Poulsbo $ 2,527 $ 8,289 $ 10,816 Edmonds $ 5,050 $ 4,417 $ 9,467 Puyallup $ 3,130 $ 4,520 $ 7,650 _..__...----------..___..-----._...-----.._..-•-----------------��-------_._----__.._.�. :Bremerton(bdsdng)_ _ _ _$ � 2,511 $ 3,801 $ , ,6,312 � -•----_. ..—_-----._--------�--------_..._._.__..._.. Lon view $ 2,031 $ 4,271 $ 6,302 �� Bremerton_([Jpdatec�:_____ _ $___ _ 2,993 Puyallup $ 1,760 Gig Harbor $ 1,160 ...--._._..._..---;...__...__.---- --�--------�------- � g)_...___ .... ._$--.._._ 1;0'19 Bremerton__ _sdn __ ___ Edmonds"A . _ _ $ 799 The rate surveys shown in Exhibit 6 suggest that the City's current GFCs are relatively low compared to the fees charged by other local utilities. The City's updated GFCs would put it near the high end of the range shown in Exhibit 6, though it is worth noting that these charges are the maximum allowable charges that the City may choose to implement. The City can phase the increase in over time, which ' would allow it to remain consistent with the fees charged by a greater number of jurisdictions. RECOMMENDATIONS Key recommendations from the study include: 0 Increase the City's "general facilities" connection charge from existing rates to the charges listed below (3/4" meter shown; a more detailed schedule is provided in Exhibit 5). , � Water: $5,445 per ERU • � Wastewater: $6,355 per ERU ■ Stormwater: $2,993 per ISU While this maximum allowable charge is above average in comparison with other local jurisdictions, adopting the maximum allowable charge will allow the City to appropriately collect future capital costs. Adopting a charge less than the maximum is a viable option, particularly as part of a multi- year strategy to phase the increase in-however, the City should be aware that this alternative may result in less cash being available for capital purposes. In such a scenario, near-term capital needs might put additional pressure on current ratepayers. 0 Consider alternative methods for imposing GFCs, particularly wastewater GFCs for non-residential customers. The current structure assigns ERUs to non-residential customers based on various metrics ( that depend on the business type, including bed counts, fixture counts, square footage, and estimated 'a FCS GROUP .;. � Sofulir�ns-OricnRd Considl�ng Page 7 City of Bremerton January 23, 2015 ��• 2014 GFC Update demand. We recommend that the City assign ERUs to non-residential wastewater customers in a way that minimizes the number of sub-categories and reduces the need to track customer-specific '� data such as seat counts or bed counts. Alternatives used by other utilities include: � Water ineter size provides the simplest basis for assigning ERUs based on potential flows, and is commonly used by a number of wastewater utilities. This approach is consistent with how the City currently imposes its water GFCs. � Fixture counts could also provide a basis for assigning ERUs based on the scale currently in place for the City's commercial, office, and dry industrial customers - in this case, the City could extend this scale to cover all "typical" non-residential customers. It would be prudent for the City to retain the right to determine ERUs on a case-by-case basis for larger industrial customers in order to ensure that they pay for an equitable share of systein costs. Of the utilities with wastewater GFCs in Exhibit 6, � 2 impose the GFC based on water meter size � 2 impose the GFC based on estimated demand � 1 imposes the GFC based on fixture units � -1 imposes it based on a variety of inetrics (e.g. students, beds, rooms, seats), similar to the City's current structure Local utilities have chosen to impose their GFCs in a variety of ways —the City has some flexibility , "- in choosing an alternate approach to meet its needs. ♦ Update the GFC annually to reflect construction cost inflation. This should be done with an accredited escalation index, such as the Engineering News Record (ENR) Construction Cost Index (CCI). � - �� •.;>FCS GROUP Solulion5-OnonlCd Cansulling Page 8 ,I' � ♦�.� �V� �Y 1 O�V A r � f m Solutions-Oriented Consulting � � � 01 � � � V 1 6 1 To: Wayne Hamilton Date: April 9, 2015 From: Peter Moy, Principal Ryan Bert, Senior Analyst RE: 2015 Miscellaneous Fee Study- Update As part of the City of Bremerton's (City) recent general facility charge study, the City also wanted to review its miscellaneous fees for utility services. The purpose of this study is to identify the cost of service and to update the miscellaneous fees based on the cost of service. The Government Finance Officers Association(GFOA)has identified many best practices for improving governmental finance and budgeting. The GFOA's mission is to enhance and promote the professional management of governments for the public benefit by identifying and developing financial policies and practices and by promoting them through education, training, and leadership. The GFOA has recommended two best practices related to fees: measuring the full cost of government services and establishing government charges and fees. The GFOA recommends that governments calculate the full cost of the different services they provide. The full cost of a service includes all direct and indirect costs related to a service. Direct costs include salaries and wages,benefits, materials and supplies, and other associated operating costs. Indirect costs include shared administrative expenses as - well as the costs of support functions outside of the work unit, such as legal, finance, human resource s, facilities, and technology. As part of establishing charges and fees, GFOA also recommends that the following be done: ♦ Consider applicable laws and statutes before implementing specific fees and charges, • Adopt formal policies that identify the factors that need to considered when pricing goods and services, • State whether the full cost or a specific percentage of a service's cost will be recovered, • Outline the considerations that might influence governmental pricing decisions, . ♦ Calculate the full cost of service to provide a basis for setting the charge or fee, • Review and update charges periodically, ♦ Utilize long term forecasting to ensure that charges and fees anticipate future costs in providing the services, and ♦ Provide information on charges and fees to the public. As part of the fee methodology in this study, the full cost of service for the Utility Operations unit has been calculated without the departmental and City overhead costs. The following describes the methodologies used to analyze the cost of service for the City's miscellaneous utility fees. Frm Headquarters locations Redmond Town Center Redmond,WA � 425.867.1802 7525 i bbm Ave.NE.,Suite D-215 Portland.OR � 503.841.6543 Redmond,Washington 98052 ,` 2015 Miscellaneous �ee Study- Update Page 2 April 9, 2015 �.. FEE METHODOLOGY �. ' The City of Bremerton's goal is to charge customers an amount equal to the costs incurred by the City when providing services to its customers. The City currently applies a uniform methodology when calculating its fee schedule. The expenses vary by service, but consist uf three cost categories: salary and benefits, equipment costs, and material costs. The City currently uses a weighted average hourly labor rate($49) when calculating the labor-related costs for each service. Equipment costs are estimated according to the 2015 Federal Emergency Management Agency(FEMA) equipment rate schedule. The cost of materials is estimated by quantity and type of material used. It should be noted that the updated fee schedule uses the City's cost estimates for equipment and materials. To assist the City in determining the most appropriate labor rate, two labor rate alternatives were developed for the City to consider. To calculate the alternative labor rates and the resulting fee schedule,the City provided all the necessary background information pertaining to its existing fee schedule, 2014 Utility Operations staff salary and benefits costs,2014 Utility Operations expenses, estimated quantities and costs of any equipment and/or materials needed, and the time required by the Operations staff to complete each type of service listed in the fee schedule. The types of fees that were analyzed and calculated as a result of this study are as follows: • Connection & Inspection Fees • Meter Installation &Reactivation Fees • Fire Hydrant Installation Fees • Water Service Fees • Storm Drainage Service Fees � • Engineering Service Fees � �`-- • Tap Fees • Tap & Set Fees • Wet Tapping Fees HOURLY RATE CALCULATIONS The Operations staff time is a major component of the cost of providing the different services.•To determine the labor costs, an hourly labor rate is applied to the time required by the Operations staff to provide each service listed in the fee schedule. As previously mentioned, the City cunently applies a weighted average labor rate of$49/hour to recover its labor-related costs. For this study, two approaches were used to calculate the applicable labor rates: an hourly rate that recovers only salary and benefit costs and an hourly rate that also includes non-labor support costs (i.e. a fully loaded rate). To calculate the hourly rate, the total costs associated with each labor rate alternative were identified and then divided by the total number of billable hours, as described in the section below. The salary and benefits labor rate only includes labor-related costs (listed as "Personnel Costs"in the budget). To identify the full cost of service as recommended by GFOA, the fully loaded hourly rate was calculated. Exhibits 1 and 2 show how the billable labor hours were determined and what costs were included for each labor rate alternative. Billable Hours To calculate average hourly labor rates, the total number of billable hours per employee is needed. A �' � billable hour is defined as any hour during the year when the employee is available to work on job- ��_. r 2015 1VIiscellaneous�ee Study- Update _... Page 3 April 9, 2015 ' related tasks (annual standard hours less vacation leave, holidays,breaks, etc.). The standard number of hours per year(2,080 hours plus average overtime)less all leave and break time(vacation,holiday, sick, daily breaks,admin time)yields an average of 1.457.46 annual billable hours per full time employee,and 350.00 billable hours per seasonal employee. The work hour assumptions were provided by City staff and were used to calculate the average annual billable hours for a City employee as illustrated in Exhibit 1. Exhibit 1: Billable Hours per Employee C�D� o (�� 9�a� Standard Hours(40 hr*52 weeks) 2,080.00 500.00 Average OT Hours(2014 average) 51.50 - • less: HoGday L.eave(2014 average) (76.39) - less:Vacation L.eave(2014 average) (170.2'n - less:Sick Leave(2014 average) (91.04) - Subtota[:Hours ofAvailab[e Time 1,793.80 500.00 less:Breaks(30 minutes/day ofavailable time) (112.11) (50.00) less Adrrrin time(1 hour/day ofavailable time) (224.23) (100.00) Total':.Billalile Hours.:: �: • ' � � " ". : �. ' �• :1;457:46� ,.;•' ". 35U:00 [a]8 hours=I day Given a total of 28.54 full time equivalent(FTE)positions and 3.28 seasonal FTE positions for the Operations staff, the total number of billable hours available to the City equals 42,744 hours (1,457 hours*28.54 FTEs+ 350 hours*3.28 seasonal FTEs)per year. This value (42,744 hours) is used as the denominator in the calculation of both labor rates where the cost basis is divided by the total number of billable hours to determine the average hourly labor rates. �`` Operations Costs As previously mentioned,one labor rate includes only the salary and benefits costs, while the fully loaded labor rate includes all expenses except those related to equipment and/or materials costs. Exhibit 2 shows the 2014 detailed expenses for Utility Operations, and the equipment and/or materials costs that were excluded in the cost basis are noted by asterisks in Exhibit 2. It is assumed that the equipment and materials costs will be recovered through their respective cost components as identified by the City. � � 2015 Miscellaneous Fee Study- Update Page 4 April 9, 2015 �--.. Exhibit 2: 2014 Utility Operatioas Expenses � \ , �� Persoanel Costs Salaiies&Wages Regular $ 1,520,386 Salaries&Wages FxHelp 41,061 Stand By 28,125 Overtime Pay 21,595 Personnel Benefits 354,699 Medical&Dental Benefit 395,541 Subtota[ $ 2,361,406 Supplies,SerHces,Tax Office&Operating Supply $ 185,752 * Utility Inventory (76,755) * Fuel Consumed 119,816 * Items Purch For Inventory 186,853 Small Tools,Eq. 24,862 Computer Related Items 13,612 Professional Services Ex •. 2,457 Telecorrununications 12,526 Telecorrm�unications iFD 3,254 Postage 715 Travel �7 * Equipment Rental '7,2(g Natural Cas 626 �;- - •i Electricity 15,615 � W ater/SewedStormwater - Grarbage/Waste Disposal 55,548 Information Tech-IFD 47,099 * Equipment Repair&Maint 16,761 * Fyuipment Repair-IFD 2p4,92� Other Improvements 58,290 Structure&Ca-ounds 49,543 Mis c. 48,682 , Subtotal $ 977,527 Utility Operations Total $ 3,338,933 less:Equiprrent related items $ (458,870) Salary,andBenel�tsCostBasis: ' $ 2,361;406, Fti11y.,LoadedGostBesis:� S� 2,880,063 *Excluded from fully loaded costs Salary and Benefits Labor Rate The salary and benefits labor rate determines the labor costs for the average Operations employee. For this reason,the labor rate calculation only includes expenses directly related to employment such as salaries and wages, overtime pay,personnel benefits, and medical benefits. Including only salary and benefit costs from the Operations budget yields a 2014 cost basis of$2.361,406. The cost basis is then � divided by the total number of billable hours (42,744 hours) to yield an average salary and benefits labor � ! 2015 Miscellaneous Fee Study- Update . Page 5 April 9, 2015 rate of$55.25 ner hour. This labor rate is applied to the existing fee schedule as the alternative titled, "Salary & Benefits Rate". Fully Loaded Labor Rate In addition to recovering employment related expenses, the fully loaded labor rate is also designed to recover the Operations unit's administrative, facility, and support costs (see 2014 expenses - supplies/services/tax category in Exhibit 2) associated with providing City services. This labor rate represents the total cost of the City to provide the services listed in the fee schedule, minus any equipment and materials costs which are calculated separately in the fee. The fully loaded rate should be implemented if the City wishes to recover all costs (direct and indirect) of providing its services. After adjustments for the excluded equipment and materials costs, the fully loaded labor rate has a 2014 cost basis of$2,880,063. The cost basis is then divided by the total number of billable hours(42,744 hours) to yield an average fully loaded labor rate of$67.38 ner hour. This labor rate is applied to the existing fee schedule as the alternative titled, "Fully Loaded Rate". Compared to the City's existing labor rate of$49/hour, both of the calcutated labor rate alternatives are higher. A comparison of the average labor rate under existing practice with the two calculated alternatives is provided in Exhibit 3 below. Exhibit 3: Comparison of Labor Rates Q�� (�0� °22u�o E�sting Labor Rate $ 49.00 n/a Salary&Benefits Rate(new) $ 55.25 13°/a Full Loaded Rate new. $ 67.38 38% �- ' COST OF SERVICE Based on information from City staff that identified the different cost components (labor hours required, equipment costs, and material costs), the cost of service for each type of fee service was identified based on both labor rate alternatives. Since equipment and materials costs are assumed to stay constant between the City calculations and the updated fee schedule from this study (both incorporate 2015 costs), the newly calculated fees will see an increase based solely upon the increase in labor rates. Thus, services which require a larger proportion of labor costs compared with their total costs will see a larger percentage increase. For example, a service which requires (5)labor hours will see a larger percentage increase than a service which requires one(1) labor hour but has high equipment and materials needs. In order to gain an understanding about the tnagnitude of cost of service and resulting fee iacreases, Exhibit 4 provides examples of different types of fees and shows the existing fee and the fees based on the different hourly labor rates shown in Exhibit 3. Exhibit 4: Fee Schedule Comparison Examples �� R��m �� W ater Connect�on Fee:5/8"x 3/4" $ 2,055.00 $ 2,490.00 $ , 2,590.00 $ 2,784.00 F�eld Inspection:W ater Main Fxtensions(per foot) $ 1.29 $ 130 S 1.27 $ 1.51 WaterMeterReinstallation:3/4"&1" $ 80.00 $ 88.00 $ 97.00 $ 115.00 Fire Hydrant Ir►stallat�on:6"x 8"&smaller $ 10,749.00 $ 10,767.00 $ 11,105.00 $ 11,760.00 Water Service Fee:Flow and Pressure Test(3/4") S 56.00 $ 63.00 � 69.00 $ 81.00 � Storm Drainage Inspection:Res idential(per lot) $ 17.12 $ 65.02 $ 63.42 $ 75.55 Engineering Services:Main Extensions(per foot) $ 0.29 $ 0.46 $ 0.45 $ 0.54 Tap&Set Fees:3"-4"x4"service to property line $ 14,125.00 $ 13,945.00 $ 14,283.00 $ 14,938.00 Wet Ta ing Fees:4"x4"service to ro erty lU►e $ 7,637.00 $ 7,457.00 $ 7,795.00 $ 8,450.00 � 2015 Miscellaneous Fee Study- Update Page 6 � April 9, 2015 A more detailed list of all the specific fees including the out of City fees can be found in Appendix A.The fee i schedule shows the existing fees,the fees calculated using the City's$49 per hour rate,and the fees based on the two approaches identified in Exhibit 3. ��. � .. / - r 2015 Miscellaneous Fee Study - Update April 9, 2015 Appendix A: Fee Schedule Analysis � � 1� �1 � � ' OIVINI C2: 1=1/2", 2", 3", 4", 6", 8" and 'i0" Sizes SPECIFICATIONS Measurement of potable and reciaim water. Operating temperature range of 33°F(56°C)-150°F(65.6°C) o• • 1-1/2"� .5-200 GPM(.11-45 m'/hr) " 2"� .5-200 GPM(.11-45 m�/hr) �� ' 3": 1.0-500 GPM(.23-114 m'/hr) 4": 1.5-1000 GPM(.34-227 m'/hr) 6"� 3-2000 GPM(.68-454 m'/hr) 8"� 4-2700 GPM(0.91-614 m'�hr) 10"� 5-4000 GPM(1.1-908 m'/hr) o • 1-1l2" .25 GPM(.06 m'/hr) i 2"' .25 GPM(.06 m'/hr) 3" .5 GPM(.11 m'/hr) 4" .75 GPM(.17 m'Ihr) 6" 1.5 GPM(.34 m'!hr) 8"' 2.5 GPM(0.57 m'!hr) 10": 3.5 GPM(0.8 m'/hr) 1-1/2"� 160 GPM(36m'Ihr) s s 2"• 160 GPM(36 m3/hr) °� ' • 3": 400 GPM(91 m3/hr) 4": 800 GPM(182 m3/hr) 6"� 1600 GPM(363 ms/hr) 8": 2700 GPM(614 m'/hr) 10": 4000 GPM(908 m31hr) 1-1/2"� 200 GPM(45 m'/hr) 2": 200 GPM(45 m'/hr) °� ' • 3". 500 GPM(114 m'!hr) 4"� 1000 GPM(227 m'/hr) 6"� 2000 GPM(454 m'Ihr) 6" 3400 GPM(773 m'/hr) 10". 5000 GPM(1136 m'/hr) • 1-1/2", 6.9 psi @ 160 GPM(48 bar @ 36 m�/hr) 2" 4.3 psi @ 160 GPM(.30 bar @ 36 m'/hr) 3" 3.2 psi @ 400 GPM(.22 bar @ 91 m'/hr) 4"� 6.4 psi @ 800 GPM(.51 bar @ 182 m'/hr) 6" 5.5 psi @ 1600 GPM(.56 bar @ 363 m31hr) 8": 4 psi @ 2700 GPM(.27 bar @ 614 m'!hr) 10"� 4.5 psi @ 4000 GPM(.31 bar @ 908 m'/hr) •• 200 PSI(13.8 bar) 0 o U.S.ANSI 616.1/AWWA Class 125 • Fully electronic sealed register with programmable registration (Gal./Cu.Ft./Cu.Mtr./Imp.Gal I Acre Ft.) Programmable AMRlAMI reading and pulse outputs Guaranteed 10 year battery life Maincase: Coated Ductile Iron -•• � Measuring Chamber: Thermoplastic Rotor"FloaEing Ball": Thermoplastic Radial Bearings: Hybrid Thermoplastic ThrusE Bearings: SapphirelCeramic Jewel Magnets: Ceramic Magnet Strainer Screen: Stainless Steel Strainer Cover: Coated Ductile Iron Test Plug: Coated Ductile Iron � �� AO I� 1 � 0� • � � � � i s � � � � . • �� TYPE EXTERNAL HOUSIPVG Solid state,battery operated electromagnetic flow measure- The register and measuring element will be an integrated ment system with a hermetically sealed,glass covered,elec- unit housed within a thermal plastic external casing. This tronic register with a programmable 9-digit display. integrated unit will not be removable from the external housing. The systems shall have the size and direction of CONFORMANCE TO STAiVDARDS water flow through the system imprinted�on the external Must conform to American Water Works Standard C-700 and housing. C-710 as most recent�y revised with respect to accuracy and pRESSURE CAPABILITY pressure loss requirements, or other appropriate American Water Works Standard. Must be compliant with NSF/ANSI System shall operate up to a working pressure of 200 Standard 61 Annex F and G. pounds per square inch(psi),without leakage or damage to REGISTER any parts.The accuracy shall not be affected by variation of pressure up to 200 psi. The register must be an electronic device encapsulated in pERFORMAIVCE WARRANTIES glass with 9 programmable digits utilizing a liquid crystal display(LCD).It will have indicators for flow direction,empty In evaluating bid submittals, warranty coverage will be pipe,battery life and unit of ineasurement.The register must considered. All bidders are required to submit their most be hermetically sealed with a heat tempered glass cover and current nationally published warranty statements for water be tamperresistant.The register shall not be removable from meter maincases, registers and measuring chambers. the measuring sensor. The register shall utilize a magnetic coupling technology to connect to a touch read, radio read OPERATING CHARACTERISTICS or fixed base meter reading system in either an inside or pit set installation. . e .� - MEASUR9NG ELEMENT ..� ' '� • 5/8" 0.03gpm 0.11 to 25gpm 4psi @ 15gpm The measuring element shall be made of a noncorrosive, lead-free glass fiber reinforced, composite alloy material. A 5/8"x 3/4" 0.03gpm 0.1 i to 35gpm 2psi @ 15gpm battery powered magnetic flow sensor utilizing silver/silver 3/4"S 0.03gpm 0.11 to 35gpm 2psi @ 15gpm chloride electrodes will be utilized to measure the velocity 3/4" 0.03gpm 0.11 to 35gpm 2psi @ 15gpm of the ater which is linearly proportional to the volume. The �^ 0.11gpm 0.4 to 55gpm 2psi @ 25gpm measuring element will have no moving parts and will be specific for each size. Dnstra�uted �y � �� . . ,.. .. ... ... 1Vleter9va�ve��nt�°�l 877m56�m3�37 DAII producls purchased and services performed are subject to Sensus terms of sale,available al either;htlp:!/na.sensus com(TC/TermsCondilions pdf or 1-800-NETER-IT.Sensus reserves the right to modify �hese terms and conditions in ils own discrelion without notice[o the customer This document is for informational purposes only,and SENSUS MAKES NO EXPRESS WARRANTIES IN THIS DOCUMENT.FURTHERMORE,THERE ARE NO IMPLIED WARRANTIES,INCLUDING WITHOUT LIMITATION,WARRANTIES AS TO FITNE5S FOR A PARTICULAR PURPOSE AND MERCHANTABILITY ANY USE OF THE PRODUCTS THAT IS NOT SPECIFICALLY PERMITTED HEREIiJ IS PROHIBITED 860i Six Forks Road,Suite 700 Raleigh,NC 27615 0 1-800-638-3748 �� www.sensus.com/water � www.mvandc com �sales@mvandc.com � Phone: 877.566.3837� Fax: 925.407.2903 Sewer Discharge I recommend that we use the difference between water used and water discharged to the sanitary sewer system as follows: Commercial/Multi-family 90%discharge into the sanitary sewer system This will be done by taking the AWWA normal water meter usage and reducing this number by the recommended percentages. Services sold in 2014 In 2014 only 5 services were sold that were larger than 1",these were upgrades and splits and were water only no sewer or storm,they are as follows: Existin� 2016 2017 2018 170 Russell Rd 11/2" $16,911.00 $30,198.00 $41,650.00 $53,103.00 830 6T" 2" $12,066.00 $30,994.00 $42,446.00 $53,899.00 2900 Austin Dr 2" $24,620.00 $30,944.00 $42,446.00 $53,899.00 3425 Wheaton Way 2" $14,400.00 $30,198.00 $41,650.00 $53,103.00 4310 Wheaton Way 2" $24,620.00 $30,994.00 $42,446.00 $53,899.00 The rest were 3/4"and i",they are as follows: Water Received 2016 2017 2018 126 X$2511= $316,386 126 X$3016=380,131 126 X$4448=$560,321 126 x$5880=$740,880 Sewer 74 X$3801= $281,274 74 X$4566.81=$337,945 74 x$5714.91=$422,903 74 x$6863=$507,862 Storm 73.76 X$1019= $75,161 73.76 X$1731=$154,011 73.76 X$2443=$180,195 73.76 x$3157=$232,860 Example Estimates: Existin� 2016 2017 2018 606 Apartments Water $ 29,613 $ 60,338 $ 88,969 $117,600 Sewer $175,468 $82,203 $102,868 $123,534 Storm $ 15,839 $ 25,965 $ 36,645 $ 47,355 Grand Total $220,920 $168,506 $228,482 $288,489 No sewer GFC charged $ 45,503 $ 86,303 $125,614 $164,955 Spv�lass Water $ 54,056 $102,880 $141,533 $180,184 Sewer $160,460 $ 82,203 $102,868 $123,534 Storm $ 6,827 $ 37,458 $ 52,866 $ 68,316 Grand Yotal $221,343 $222,541 $297,267 $372,034 Page � Example Estimates: Existin� 2016 2017 2018 WinCo Water $ 25,117 $ 31,535 $ 42,987 $54,440 Sewer $ 13,113 $ 31,967 $ 40,004 $48,041 Storm $ 572 $ 920 $ 920 $ 920 Grand Total $ 38,802 $ 64,422 $ 83,911 $103,401 With Storm GFC $ 52,044 $ 87,845 $116,590 $145,362 Towers Estimate Water $ 97,782 $148,372 $205,634 $262,896 Sewer $1,186,220 $164,713 $206,044 $247,376 Storm $ 20,380. $ 34,620 $ 48,860 $ 63,141 Grand Total $1,304,382 $347,705 $460,538 $573,413 2009 2016 2017 2018 2015 2015 2015 2015 GFC Bremerton Port Orchard Poulsbo . Gi�Harbor Countv Water 3/4" GFC 2,511.00 3,017.00 4,449.00 5,880.00 4,932.00 4,227.00 7,300.00 6,000.00 Meter 2,055.00 2,654.00 2,715.84 2,779.12 2,678.00 155.00 486.00 3,750.00 Front Footage 5,481.00 4,000.00 Fire Flow 1,200.00 Sewer GFC 3,801.00 4,567.00 5,715.00 6,863.00 6,577.00 3,947.16 9,640.00 4,420.00 Inspection 308.00 308.00 315.00 323.00 109.62 36.00 125.00 FF 800.00 County Fee 4,420.00 Storm GFC 1,019.00 1,731.00 2,443.00 3,157.00 1,925.88 330.00 1,770.00 Park Impact Fee Single Family 827.22 638.54 Duplex/Multi-Family 595.68 311.08 Per Residence 1,195.00 1,500.00 Transportation Impact Fee Single-Family 2,552.00 2,830.00 2,124.00 515.00 Admin fee for Single Family Unit 18.24 School Impact Fee Single-Family 1,222.13 3,270.00 1,250.82 Duplex/Multi-Family 705.07 1,725.00 721.63 Total for Representative Single-Family ' Unit 9,694.00 12,277.00 15,637.84 19,002.12 26,323.09 17,940.16 26,215.00 21,774.36 Exhibit A ASSESSMEl�1TS, RATES, FEES, AND CHARGES EFF`ECTIVE January 1, 2016, January 1, 2017 and January 1, 2018 Insicle and Outside City Limits GF1�TIItAL FACILITY CHARGF� Water'��"'��*��'based on meter size average normal flow 2009 2016 2017 2018 5/8" x 3/4" �� $ 3,016.92 __ $ 4,448.58 _ $ 5,880.00 1" �—�,�}� $ 3,016.92 ! $ 4,448.58 � 5,880.00 1" Commercial y��,��T $ 4,133.18 $ 6,094.59 $ 8,056.00 1 1/2" Coriunercial , . A $ 24,13535 � $ 35,587.67 � $ 47,040•00 � 2" Commercial m ��AA $ 24,13535 � $ 35,587.67 $ � 47,� — � � + �i. �� i� t i +ea i. a�n_,_�_� dra.-crccr mtirca-z-Tcai^v'cizirc�.,:�- ..b � _ 3" Commercial �.—�;�Z�o $ 60,338.37 $ 88,969.18 �; $ 117,600.00 � 4" Commercial $—�8�44�AA $ 120,676.74 $ 177,938.37 $ 235,200.00 Crreater than 4" Case bv Case basis Case bv Case basis Case bv Case basis �x�,..,*o...,,+o..i..e..L'DT T� $ � Qni ne � Wastewater based on meter size avera�e normal flow 5/8" x 3/4" $ 4,566.83 $ 5,714.91 $ 6,863.00 1�� $ 4,566.83 j $ 5,714.91 � $ 6,863.00 1" Commercial � • � • � � • 1 1/2" Commercial � • � � • ' � • 2" Commercial $ 31,967.80 $ 40,004.40 � $ 48,041.00 3" Commercial $ 82,202.92 r $ 102,868.46 $ 123,534.00 4" Commercial $ 164,405.83 $ 205,736.92 $ 247,068.00 G-eater than 4" Case bv Case basis Case bv Case basis Case bv Case basis Stormwater(perlHSi� � ',�..�A $ 1,731.00 $ 2,443.00 $ 3,157.00 — - '.•'f;':�,._,,"'-,^�-�.,� ��_R...�.i::�.::��-- C�r� a r��n�: N�i h b�ri n p � � . . . . _^_ Jurt�.__._ t�t'�n� _, __ ____. _._.__.__s__. __, _._.________________,_____..____._ i 2009 ; 2ois ! 2oi� I 2oia j_ 2os5 _ i 20��_F .2o�s ! 2oss__�. !GFC� i ^ ! Bremertfln i,PortOrchard; _:Poulsbo ; GigHa�bor �County__ i --�--------.___...�.__------��-----_.—i_ - - -��- ----- —•---- - � � ' —' --- � --- " ---�--- ------- Water 3/4" -----i --i --� -- �--- -�- � ------i .- �-- '--- --I : -.�jGFC ` --� --� 2,511.00. I 3,017.00 � 4,449.00 ; 5,880.OD. j 4,932.OD � 4,227.�0 ; 7,300:�0 � 6,0OO.OD ; ---,----------------�-- --------(--�-�---�--,-t----��_.. • � ' --- ' ----f---._.__..--. --�r-------�-=--j Meter 2,055.00 2,654 00 2,715.84 2;779.1Z , 2,678.00 �� 155.QD ; 486 d0 � 3,750.00 � -�--�....__._.,----��-- ----- � ----- --�---------�---T—._-=---�=�----i�.._—�--�----: -.-_ _—______ _-___..._.__�..------= I Fron#Footage __ __ T^_ _I ____ I i i 5,451:00 � � i d,0U0.00 ' ---�---------.._.._ � ..�----------� , � -- - � ----- :--------=-�=- ,Fire Flow I ' ' ! ` ! I ' 1,200.g0 , I � � , , � � �-.----------._ --__..._----...__..__..�------------ -------- �---- -------- ----------- . ------� sewer _ . ; --. .�_i._ ._ � —_.i___. _!� ...---=i- --i._...__.__:�— _—________i � IGFC � � � 3,80Y.00 i 4;567.Q0 , 5,715.00.i b,853.Q0 E 6,577.00 i 3,947.15 j 9,640:a0'; 4,420.OU � _,�.. � �._.�__ - --........�_------ -�--------_-- __ .._.; _..-----� ;Inspectior� � 3US.Q0 ,3Q8.OU 315.OD 323:00 I 1Q�9.62 36.00 �125.00 � �.. __ ._.�_ �.��_�—. , � ► .-�----r-- ----.1._ _.__-- ---�--...-----.._..---�-_�_------- � �� I sao:ao i i i � _1 FF _._.__.�_..__--�-�--�--- ---- -- '.�_• _ � jCour�ty Fee ----�-�---------i —I ; _�--�� 4;420.Q0 � �.� -- ! --�-- � � ► � -_�-- �Storm _. �_-.--------1 -- � - � -� - -� +� - - -�--- —� lGFC i �1,019:40 ; �1,731.40•j � 2;443:Q0 !_ 3;157.�0 I 1,925:88 I_ 330.00� 1,7i0.�0 j _ ! �i.._.Y.�- Park Impact Fee i �--------- '- ` � � � � _.. � —._,.�..��— -�- _�-: ��.---__ -- ----- — -- ;Single�amilY ; � i , , � � � 827.22 � i 638.54 j .._.._;_..._...�_.._.... ...__.��_.__--__—,�----- -------� IDuplex/`Multi-Family l � � � i 595.68 � - __ �--- _—_j ---�311.08 i- �Per Resedence _� _ i �_ � � � � �1;195.Q0 .1,500.Q0.( _ j � ��!_. —��_, }�� _ `_ _ �—_ �- �r.`_�. `.;:_------=- �!� Transportation ImpactFee�_ � _`_ I _.Y� j ; I � .__.�-._�_ � - - -�----�,_._.. ._ ��.�----- -- �Single=FamilyA ; _� ( ��2,552��0 �:2,830.Q0 �2;124.00 � 515.00 ; � �Admin fee forSingle Family Unit � ' � � ! 18.24 � � � �� -;- --�---- - � i � _ r � -- --�--School Impact Fee j t-- �-- i �� ' � ---.- ' �^;Single-Family __ ! _�` _ _ �� _ � .—_`� � #--- ' �i;�z.13 � �; �3,Z�o.00 ! i,a�o.sz ! -- jDuplexfMulti_Family �_ � � � _ �_ _ j 705:07 �Y� _ I `1,725^Q0 j` 7Z1.b3 ; --�----------� �. I --I�-- —� i -- -� � �_. —_.__�_ Total for Repr�sentative Single- i . I � ' Famil Unit � 9 594:00 12 277.00 15 fi37.84 19 002.12 � 2b 32,�.09 ( 17 940.16 ! 26 215_00 21774.36 � __.�_....--- -y----- -'---.�._-�-----'----= --'- -' --- '---- --'-- ! .___.'------ __ i ._,._ i i _J.. i� i� i` � "i , -- - - ��--�--�__.�w..�.-�-,�,... I�1��1� . ` r o f�IF F - � � �� !�'W�� p�,1��M� � !��•� � ��Ip� �'�`�� ,�` � �� .� �I,�P�� '� �� `� � �� .��, �� '� �� I�h1 �'�0�1 ,'�.-u�r`�.'� � ��P�- ��:�� P��' `�� -��e� � `�'`�� ,��!� ��-�� ' ��'�� -��:�� 4�� r'�i� T�I� �� -�'��'�� `�� '� - _ 3 2� 1 (� Pro o�ed lJtili It�te � In� r�� Utili Rate Study Recommended Actual Water 20 i 3 9.60% 9.60% * Sewer 2013 0.00% 0.00% Storm 2013 10.00% 10.00% * Water 2014 9.60% 9.00% Sewer 2014 3.50% 3.00% Storm 2014 8.00% 3.00% Water 2015 9.60% 8.50% Sewer 2015 3.50% 4.00% Storm 2015 8.00% 13.00% Water 2016 8.00% 1 .25% Sewer 2016 3.50% 2.25% Storm 2016 5.50% 3.75% AGENDA BILL � CITY OF BREMERTON GTY COUNCIL SUBJECT: Ordinance No. 5289 amending Study Session Date: 11/10/15 BMC 3.50.050 relating to the utility taxes for COUNCIL MEETING Date: 11/18/15 water, wastewater, and stormwater utilities Department: Finance Presenter: Cathy Johnson Phone: (360) 473-5926 SUMMARY: The proposed ordinance repeals Ordinance No. 5224 and amends Section 3.50.050 of the Bremerton Municipal Code to amend language relating to the assessments of the utility taxes for water, wastewater, and stormwater utilities. ATTACHMENTS: Ordinance No. 5289 amending Chapter 3.50.050 BMC FISCAL IMPACTS (Include Budgeted Amount): This action will change 2015 estimated ending fund balances for the following funds: General Fund $196,840 Transportation Capital Improvement ($168,552) Street Fund ($28,288) STUDY SESSION AGENDA: ❑ No Presentation o Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda o General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5289 amending Section 3.50.050 of the Bremerton Municipal Code relating to the utility taxes for water, wastewater, and stormwater utilities. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ORDINANCE NO. 5289 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 3.50.050 of the Bremerton Municipal Code relating to the utility taxes for water, wastewater, and stormwater utilities. WHEREAS, Section 3.50.050 of the Bremerton Municipal Code (BMC) relating to utility taxes contains provisions assessing a utility tax identified as an additional payment in lieu of tax fee levied on the City owned water, wastewater, and stormwater utilities in addition to an assessment of the base utility taxes for these utilities as identified in Section 3.50.050 BMC; and WHEREAS, the City Council desires to consolidate these assessments to clarify what the total assessment is to these utilities; and WHEREAS, the consolidation of the assessments does not raise the total utility taxes for these utilities and therefore this ordinance is not subject to a referendum procedure pursuant to RC W 3 5.21.706; and WHEREAS the City Council previously passed Ordinance No. 5224 relating to the use of utility tax receipts for street purposes; and WHEREAS the City Council now desires to repeal Ordinance No. 5224 allowing all revenue from utility taxes to be received in the general fund and to be allocated through the City's budget process;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 5224 is hereby repealed in its entirety. SECTION2. Section 3.50.050 of the Bremerton Municipal Code entitled "Persons Subject to Tax—Amount" relating to utility taxes is hereby amended to read as follows: 3.50.050 PERSONS SUBJECT TO TAX—AMOUNT. In addition to other taxes or fees that may be imposed or levied by the City, there is hereby levied upon all persons (including the City) engaging in business within the City, a fee or tax to be collected as follows: (a) Gas. Upon every person engaging in the business of transmitting, distributing or the selling of manufactured or natural gas, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (b) Water. Upon every person engaging in the business of providing water utility service, a fee or tax equal to �� a �� '��'�fifteen and one half(�515.5) percent of the total gross income from such business conducted within the City. The total gross income from the 1 2016 Utility Taxes business of providing water utility service includes the "gross income from timber sales" of the utility as that term is defined in this chapter. (c) Wastewater. Upon every person engaging in the business of providing wastewater utility service, a fee or tax equal to€e�eet�twen (-1-420) percent of the total gross income from such business conducted within the City. (d) Stormwater. Upon every person engaging in the business of providing stormwater utility service, a fee or tax equal to€et�eetrtwen (�-420)percent of the total gross income from such business conducted within the City. (e) Cable. Upon every person engaging in the business of transmitting television signals by means of a cable distribution system commonly known as television cable service, a fee or tax equal to seven (7) percent of the total gross income from such business conducted within the City. (� Solid Waste. Upon every person engaging in the business of providing solid waste collection service, a fee or tax equal to nine and one-half(9.5) percent of the total gross income from such business conducted within the City. (g) Electricity. Upon every person engaging in the business of producing, transmitting, distributing or selling electricity, a fee or tax equal to six (6) percent of the total � gross income from such business conducted within the City. (h) Telephone. Upon every person engaged in carrying on a telephone business for hire or for sale of a commodity or a service within or partly within the corporate limits of the City, a tax for the privilege of so doing business equal to six(6)percent of the total gross income rendered within the City. (1) Deductions. In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: (i) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Constitutions of the United States or the State of Washington. (ii) Amounts derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services or charges for network telephone service that is purchased for the purpose of resale. (iii) Adjustments made to a billing or to a customer account or to a telecommunications company accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt of a customer. (iv) A complete deduction from gross income shall be allowed for credit losses, only to cellular telephone service companies which keep their regular books of account on an accrual basis, for cash discounts and credit losses actually sustained by a taxpayer as a result of telephone service business. (2) Allocation of Income—Cellular Telephone Service. (i) Service Address. Payments by a customer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to the location of the customer's principal service address during the period for which the tax applies. (ii) Roaming Phones. When the service is provided while a subscriber is roaming outside the subscriber's normal cellular network area, the gross income shall be 2 20I6 Utility Taxes assigned consistent with the taxpayer's accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. , , 0 � .,+o.. .,+/�0%1 4'.,.-.. .,�ro...�rv,-�,,.a � ...+ /�0%1 f...,t,.......,..,re.. � e v e e SECTION 3. Severafiilitv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. �fective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2016 GREG WHEELER, Council President Approved this day of , 2016 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2016 EFFECTIVE the day of , 2016 ORDINANCE NO. R:\Legal\Legal\Ordinances\Finance�016 Util�ty Taxes BMC 3.SO.OSO.doc 3 2016 Utiliry Taxes AGENDA BILL CITY OF BREMERTON CITY COUNCIL � D SUBJECT: Resolution No. 3256 amending Study Session Date: November 10, 2015 Resolution No. 3194 relating to an Interfund COUNCIL MEETING Date: November 18, 2015 Loan to the Conference Center Operations Department: Financial Services Fund from the Equipment Rental Reserve Presenter: Cathy Johnson Fund Phone: (360) 473-5296 SUMMARY: On June 19, 2013 the City Council approved Resolution No. 3194 authorizing an Interfund Loan to the Conference Center Operations Fund to finance the City's commitment to the Kitsap Conference Center expansion project. Revenue projections provided at the time the loan was approved have not materialized resulting in insufficient resources to make principal payments on the approved schedule. The proposed change to the repayment schedule takes into account rent payments for the third floor space due to Kitsap Transit beginning in 2019 and extends the repayment throughout the term of the Lease agreement including extensions. An accelerator has been included for earlier payment if additional funds are available. ATTACHMENTS: Resolution No. 3256 including Exhibit A FISCAL IMPACTS (Include Budgeted Amount): Principal payments over the period of 2015 through 2019 are reduced by $416,666. Annual interest payments to the Equipment Rental Reserve Fund are increased due to the reduction in principal payments. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3256 amending Resolution No. 3194 relating to an Interfund Loan to the Conference Center Operations Fund from the Equipment Rental Reserve Fund. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 � RESOLUTION NO. 3256 A RESOLUTION, of the City Council of the City of Bremerton, Washington, amending Resolution No. 3194 relating to an interfund loan to the Conference Center Operations Fund from the Equipment Rental Reserve Fund. WHEREAS, pursuant to Resolution No. 3194, the City Council authorized an interfund loan to the Conference Center Operations Fund to finance the expansion of the Kitsap Conference Center; and WHEREAS, Conference Center operations revenues have not met projections provided when the loan was approved; and WHEREAS, there is insufficient cash flow to make loan repayments on the approved schedule; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Section 2 of Resolution No. 3194 is hereby amended by replacing in its entirety Subsections 2(a)through 2(� with the following: Annual principal payments shall be made on the schedule set forth in Exhibit A. In the event the net current assets of the Conference Center Operations Fund at December 31 of any year exceeds the target reserve requirement established in the adopted Financial Goals and Policies, the principal payment shall be increased by the amount in excess of the target. All other terms of Resolution No. 3194 not specifically amended herein shall remain in full force and effect. SECTION2. Severabilitv. 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. �fective 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 , 2015. GREG WHEELER, Council President 1 Inter fund Loan— Amendment to Resolution No. 3194 \ APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk 2 Inter fund Loan— Amendment to Resolution No. 3194 Exhibit A Principal Ye ar Payme nt D ue 2015 $ - 2016 $ - 2017 $ 27,778 2018 $ 27,778 � 2019 $ 27,778 2020 $ 27,778 2021 $ 27,778 2022 $ 27,778 2023 $ 27,778 2024 $ 27,778 2025 $ 27,778 2026 $ 27,778 2027 $ 27,778 2028 $ 27,778 I 2029 $ 27,778 2030 $ 27,778 2031 $ 27,778 2032 $ 27,778 2033 $ 27,778 2034 $ 27,774 $ 500,000 3 Inter fund Loan— Amendment to Resolution No. 3194 i