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HomeMy WebLinkAbout11/08/2017 AGENDA PACKET ______________________________________________________________ th CITY COUNCIL 345 6 Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 NOVEMBER 8, 2017 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session except when deemed appropriate; and the content of these items is subject to change. If approved by Council, the items will be placed on the November 15, 2017 Council Meeting Agenda: A. LIMITED PRESENTATION PLANNED - The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members: 1. Designation of Dennis Treger, CPA to the Audit Committee 2. Professional Services Agreement with Systems Design West, LLC for Billing and Payment Processing of EMS Patient Transport Services 3. Bremerton Kitsap Access Television (BKAT) Service Contract with the City of Bainbridge Island (5-Year) 4. Bremerton Kitsap Access Television (BKAT) Service Contract Interlocal Agreement with Kitsap County (3-Year) 5. Acceptance of the Municipal Water Quality Stormwater Capacity Building Grant from the Washington State Department of Ecology for 2017-2019 6. Professional Services Agreement with BHC Consultants for the Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Project 7. Contract Modification Agreement No. 3 with Parametrix for Groundwater Monitoring at the former Chevron Property Remediation 8. Professional Services Agreement with IMS Infrastructure Management Services, LLC for Pavement Management Program and Sidewalk Condition Assessment 9. Professional Services Agreement with IDAX Data Solutions for Intersection Turning Movement Counts and Travel Time Data Collection 10. Ordinance amending Ordinance Nos. 4875, 5226, and 5287 to extend the Puget Sound Energy Franchise Agreement 11. Reimbursement Agreement with Avamere Health Services for Combined Sewer Upsize 12. Local Agency Agreement with the Washington State Department of Transportation for the Kitsap Lake Elementary Safe Routes to Schools Project 13. Interlocal Agreement with Mason County for Public Works Services to Design the Sanitary Sewer System Extension within the Belfair UGA and Puget Sound Industrial Center Bremerton 14. Ordinance levying Property Taxes for Collection in 2018 15. Resolution re-establishing and amending City Rates and Fees for 2018 16. Ordinance amending and re-establishing Utility Assessments, Rates, Fees, and Charges for 2018 B. BRIEFINGS AND FULL PRESENTATIONS 1. Proposed Public Hearing and Ordinance adopting the 2017 Comprehensive Plan C. GENERAL COUNCIL BUSINESS Audit Committee Briefing (10/30/17 Special Meeting) Chair Pat Sullivan Public Works Committee Briefing (11/07/17 Meeting) Chair Dino Davis Public Safety & Parks Committee Briefing (11/08/17 Meeting) Chair Leslie Daugs Other General Council Business () D. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should -5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON A1 CITY COUNCIL SUBJECT: Designation of Dennis Treger, Study Session Date: November 8, 2017 CPA to the Audit Committee COUNCIL MEETING Date: November 15, 2017 Department: Audit Committee Presenter: Pat Sullivan Phone: (360) 473-5280 SUMMARY: The Certified Public Accountant (CPA) position on the Audit Committee is designated by the City Council per Article III, Section 18 of the City Charter and Chapter 2.18 of the Bremerton Municipal Code (BMC). Mr. Treger is a member of the Bremerton firm Hearthstone CPA Group. He has significant experience in governmental accounting and auditing. It is recommended that Dennis Treger, CPA be designated as a member for a three-year term ending December 31, 2020. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to designate Dennis Treger, CPA as a member of the Audit Committee for the term expiring December 31, 2020. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 12/15/15 AGENDA BILL CITY OF BREMERTON A2 CITY COUNCIL SUBJECT: Professional Services Study Session Date: November 8, 2017 Agreement with Systems Design West, COUNCIL MEETING Date: November 15, 2017 LLC for Billing and Payment Processing Department: Fire of EMS Patient Transport Services Presenter: David Schmitt, Fire Chief Phone: 360-473-5380 SUMMARY: Systems Design West, LLC shall provide the Fire Department specific services related to the billing and payment processing of EMS patient transport services that are provided to the general public by the Fire Department. ATTACHMENTS: Professional Services Agreement, Certificate of Liability Insurance FISCAL IMPACTS (Include Budgeted Amount): The 2018 budgeted amount is $34,000.00 STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Systems Design West, LLC; 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 12 September SYSTDES-02 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE /017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Willis Towers Watson Certificate Center PRODUCER NAME: PHONEFAX Willis of New York, Inc. (877)945-7378(888)467-2378 (A/C, No, Ext):(A/C, No): c/o 26 Century Blvd E-MAIL certificates@willis.com P.O. Box 305191 ADDRESS: Nashville, TN 37230-5191 INSURER(S) AFFORDING COVERAGENAIC # Continental Casualty Company20443 INSURER A : INSURED National Fire Insurance Company of Hartford20478 INSURER B : INSURER C : Systems Design West 19265 Powder Hill Place NE INSURER D : Poulsbo, WA 98370 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD (MM/DD/YYYY)(MM/DD/YYYY) 1,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 100,000 CLAIMS-MADEOCCUR X 602397193701/11/201701/11/2018 $ PREMISES (Ea occurrence) 15,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 X POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY $ (Ea accident) ANY AUTO 602397196801/11/201701/11/2018 BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED XX (Per accident)$ AUTOS ONLYAUTOS ONLY $ 1,000,000 A XX UMBRELLA LIABOCCUR EACH OCCURRENCE$ 602397195401/11/201701/11/2018 1,000,000 EXCESS LIABCLAIMS-MADE AGGREGATE$ 10,000 X DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ Bus Income:$500K/BPP Commercial Property602397193701/11/201701/11/2018 170,000 A DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Evidence of Insurance ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENDA BILL CITY OF BREMERTON A3 CITY COUNCIL SUBJECT: Bremerton Kitsap Access Study Session Date: November 8, 2017 Television (BKAT) Service Contract with the COUNCIL MEETING Date: November 15, 2017 City of Bainbridge Island (5-Year) Department: BKAT Presenter: Char Burnette Phone: (360) 473-5011 SUMMARY: The current Service Contract with the City of Bainbridge Island expires at the end of 2017. The new Service Contract covers a 5 year period (2018 2022). Payment from the City of BI th begins with $33,000.00 (1/12 paid monthly) and is increased annually based on CPI. ATTACHMENTS: Contract FISCAL IMPACTS (Include Budgeted Amount): $33,000 for 2018 with a CPI increase January 1 each year thereafter through 2022. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to accept the Bremerton Kitsap Access Television (BKAT) Service Contract with the City of Bainbridge Island; 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 BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT CITY OF BAINBRIDGE ISLAND Access , and the City of Bainbridge Island (), hereinafter referred to individually as as Bremerton and the City hereby agree as follows: Section 1. Scope of Services. Bremerton, through BKAT, shall provide governmental access television services, including but not limited to video production and program scheduling related to commitments as outlined in this Agreement. BKAT will post the City Council meeting and study session agendas on the BKAT reader board. BKAT shall provide consultation, pre-production and post-production services, and properly trained staff. numbers of service commitments covered by this Agreement are set forth in the following : BKAT Service Commitments to City Description Location Schedule Number per Year City Council Regular City Council Second & Fourth 24 Meetings Chambers Tuesdays City Council Study City Council First & Third 24 Session Meetings Chambers Tuesdays Extra City Meetings, City Council As requested 4 Public Hearings, and/or Chambers Special Meetings Total 52 All meeting hours include portal to portal charges. The City shall retain control over program content and designate one person to authorize and schedule programs produced under this Agreement. BKAT shall provide production and playback of regularly-scheduled City Council study sessions and meetings. BKAT will work with the City to establish regular, consistent playback times for programs produced under this Agreement. Once scheduled, program times shall not be moved, altered, or deleted without the consent of the City. When BKAT becomes High Definition, the City will ensure that its broadcast equipment allows for HD broadcasting. Production requests by the City that are beyond the scope of this Agreement will be taken on a per production basis, with examples shown in the Additional Serv table below. Fees for these services are separate from this Agreement and shall be determined by the Page 1 of 3 applicable rate structure as published by BKAT. Production schedules and timelines for services that are beyond the scope of this Agreement shall be determined by the Parties at the time of request. The City shall have control of the content of special productions. Examples of Additional Services Description Location Schedule Fee & Number Per Year PSAs for City events, $100 per hour Various arts events, etc. 30-60 seconds - Fees TBD and Off-site outside as requested approved at time of of City Hall request Video magazine News magazine City magazine (As led by City Manager, $4,000 additional cost PIO, Public Engagement Various One per quarter 4 per year staff) BKAT would allow 10 hours to shoot and edit each program Section 2. Payment Obligations. In consideration of the services provided pursuant to this Agreement, the City shall pay Bremerton an annual amount of $33,000.00. Effective on January 1 of each year thereafter, the amount will be adjusted by the June to June Seattle-Tacoma- Bremerton Consumer Price Index-Urban. In no instance shall the recalculated fee drop below $33,000.00. Services rendered beyond the scope of this Agreement, as set forth in Section 1, shall be billed in addition to the annual amount at the rates established and published by BKAT. The City shall make funds available to Bremerton as follows: On a monthly basis, and no later than the last claims batch of each month, the City shall pay Bremerton 1/12 of the current annual amount as specified herein. Bremerton shall provide a monthly invoice to the City. If Bremerton provides additional services to the City beyond those listed in the Scope of Services in Section 1, Bremerton shall include the fee for the additional services in the monthly invoice. Section 3. Term. This Agreement shall be for a period of five (5) years commencing January 1, 2018, and terminating December 31, 2022. Section 4. Termination. Either party to this Agreement may terminate the Agreement without Section 5. Severability. Should any part of the Agreement be found invalid, the balance of the Agreement shall remain in full force and effect. Page 2 of 3 Section 6. Indemnify and Hold Harmless. The Parties shall each indemnify, defend, and hold the other harmless from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities arising or resulting from any alleged negligent or intentional acts or omissions arising out of the performance or non-performance of their respective responsibilities as set out in this Agreement. In the event of litigation to enforce any of the terms or provisions of Section 7. Notices. All notices and other communications to be given by either party may be given in writing to the appropriate party as follows: Public Access Manager City Manager BKAT City of Bainbridge Island (Bremerton Kitsap Access Television) 280 Madison Ave N. 7266 Tibardis Rd NW Bainbridge Island, WA 98110 Bremerton, WA 98311 Section 8. Compliance with Laws. The Parties shall comply with all applicable federal, state, and local laws in performing their obligations under this Agreement. Section 9. Choice of Law and Venue. This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in the Kitsap County Superior Court. Section 10. Assignment. Any assignment of any portion of this Agreement shall not be made without the written consent of both Parties. Section 11. Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right of power arising out of this Agreement shall not be deemed waiver of any other right or power. IN WITNESS WHEREOF, the parties have executed this Agreement as of the later of the signature dates included below. CITY OF BREMERTON CITY OF BAINBRIDGE ISLAND ____________________________ ____________________________ Patty Lent, Mayor Doug Schulze, City Manager APPROVED AS TO FORM ____________________________ Roger A. Lubovich, City Attorney Page 3 of 3 AGENDA BILL CITY OF BREMERTON A4 CITY COUNCIL SUBJECT: Bremerton Kitsap Access Study Session Date: November 8, 2017 Television (BKAT) Service Contract COUNCIL MEETING Date: November 15, 2017 Interlocal Agreement with Kitsap County Department: BKAT (3-Year) Presenter: Char Burnette Phone: (360) 473-5011 SUMMARY: The current Contract Inter-local with Kitsap County expires at the end of 2017. The new Service Contract covers a 3 year period (2018 2020). Payment from Kitsap County begins with $50,600.00 (in quarterly payments) and is increased annually based on CPI. ATTACHMENTS: Contract FISCAL IMPACTS (Include Budgeted Amount): $50,600.00 for 2018 with a CPI increase January 1 each year thereafter through 2020. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to accept the Bremerton Kitsap Access Television (BKAT) Service Contract Interlocal Agreement with Kitsap County; 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 BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT INTER-LOCAL AGREEMENT This agreement is made and executed on this day of 2017, by and between the City of Bremerton (hereinafter referred to as the "City") who operates Bremerton Kitsap Access Television (hereinafter referred to as "BKAT") and Kitsap County (hereinafter referred to as the "County") who agree as follows: Section 1-Scope of Services The City, through Bremerton Kitsap Access Television (hereinafter referred to as BKAT) shall provide governmental access television services including but not limited to video production and program scheduling related to the County's commitments as outlined in this Agreement. BKAT shall provide, consultation; pre- production and post- production services; properly trained staff and volunteers including videographer for field assignments; proceeding/event video on demand and delivery no later than the 2nd business day following completion of project to program sponsor; and coordination of programming hours and studio time. BKAT's specified numbers of service commitments covered by this agreement are herein established: Number # of hours Total Description Location Schedule per Year allotted hours Kitsap County County Second & Commission Administration Fourth Meetings Building Monday of 24 4 96 each month County Second & Kitsap County Administration Fourth Hearing Building Thursdays 7 18 126 Examiner Misc.: County Commissioner Administration As requested 3 per year 4 12 Special Building meetings or public hearings st Kitsap Regional Norm Dicks 1 Tues every 11 4 44 Coordinating Government other month Council Center Kitsap County County Budget Administration As scheduled Hearings Building by the County 8 6 48 1 per month, Commissioners Various rotating Corner between 12 10 120 Commissioner Around Kitsap Various 6 10 60 Total Hours per year 506 The County shall retain control over program content and designate one person to authorize and schedule programs produced under this agreement. BKAT works with the County to establish regular and consistent playback times for all programming produced under this contract. A schedule of regularly scheduled playback times for recurring programming is included in Appendix A. Production requests by the County that exceed the aggregate value of those covered by this service contract will be taken on a per production and availability basis. Fees for these services are separate from this agreement and billed at $100.00 per hour.. Content of all County programs/meetings and projects with BKAT are the sole property of the County. The County has all rights for reuse, rebroadcast or any other use of programming completed under this contract. . The County designee and BKAT Public Access Manager will review hours used by the County twice per year: before the end of May and before the end of October. Unused hours may be used by the County for projects that are similar to the original intent of those hours: ie; meeting hours used for meeting coverage, production hours used for new production. Doug, we need help with this verbiage. \[DB1\] Any request for public disclosure of any information produced through this agreement shall be forwarded to the County's Public Disclosure Coordinator for a response. Section 2-Payment Obligations In consideration of the services provided pursuant to this Agreement, Kitsap County shall pay Bremerton an annual amount of $50,600.00. The City will submit quarterly invoices and a detail worksheet on April, July, October and December to the County. The City will use the annual amount divided by four to prepare quarterly billings to the County beginning with April billing each year. Kitsap County is responsible to ensure payments are completed within thirty (30) days of invoice receipt. Effective on January 1 of each year thereafter, the amount will be adjusted by the June to June Seattle-Tacoma-Bremerton CPI-U index. In no instance shall the recalculated fee drop below $$50,600.00. Services rendered beyond the scope of this Agreement, as set forth in Section 1, shall be billed in addition to the annual amount at the rates established and published by BKAT. Section 3-Term This Service Agreement shall be for a period of three (3)) years commencing January 1, 2018 and terminating December 31, 2020. The parties may extend the term of this Agreement by written agreement of the parties prior to the close of the term of the Agreement. The extension shall be for a one-year term. The parties may renew the one-year extension on an annual basis. Section 4-Termination Either party to this Service Agreement may terminate the agreement without cause upon giving one hundred twenty (120) days written notice to the other party. Section 5-Severabilitv In the event any provision in this Agreement is deemed unconstitutional, illegal, or void as a matter of law, the parties agree that all of the provisions of this Agreement that are not affected by such occurrence shall constitute a full and complete Agreement between the parties. Section 6-Indemnify and Hold Harmless The County and City shall each indemnify, defend, and hold the other harmless from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities arising or resulting from any alleged negligent or intentional acts or omissions arising out of the performance or non performance of their respective responsibilities as set out in this agreement. Solely for the purposes of this section, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties. This section shall survive termination or expiration of this agreement. Section 7-Notices All notices and other communications to be given by either party may be given in writing addressed to the appropriate party as follows: Public Access Manager BKAT (Bremerton Kitsap Access Television) 7266 Tibardis Rd NW Bremerton, WA 98311 Kitsap County Department of Information Services & Facilities Maintenance Attention: Public Communications Manager 614 Division St. MS-7 Port Orchard, WA 98366 KITSAP COUNTY BOARD OF COMMISSIONERS CITY OF BREMERTON Ed Wolfe, Commissioner Patty Lent, Mayor APPROVED AS TO FORM: Charlotte Garrido,Chair Roger A Lubovich, City Attorney Robert Gelder, Commissioner ATTEST: Dana Daniels, Clerk of the Board Appendix A- Programming Broadcast Schedule Kitsap County Commissioners Regular Meetings on the 2nd and 4th Monday air live. Recorded programs air every Tuesday at 1:00 a.m. and 11:00 a.m. Recorded programs air on the 1st and 4th Monday at 7:00 p.m. Kitsap County Hearing Examiner Recorded programs air every Wednesday at 12:00 p.m. Kitsap Regional Coordinating Council Recorded programs for each meeting airs a minimum of four (4) times. Because the dates of the meeting vary the airing schedule also varies. When meeting dates are announced airing dates will be provided to the Kitsap County Coordinating Council and Kitsap County. KC Budget Hearings Recorded programs for each hearing will air a minimum of four (4) times. The exact dates and times for airing will be established prior to the beginning of the hearings. Commissioners Corner Recorded programs air every Monday at 8:30p.m. and every Tuesday at 2:00 p.m. Around Kitsap Recorded programs air every Monday at 9:00 p.m. and every Tuesday at 2:30p.m. AGENDA BILL CITY OF BREMERTON CITY COUNCIL A5 SUBJECT: Acceptance of the Municipal Study Session Date: November 8, 2017 Water Quality Stormwater Capacity Building COUNCIL MEETING Date: November 15, 2017 Grant from the Washington State Department: Public Works & Utilities Department of Ecology for 2017-2019 Presenter: Chance Berthiaume Phone: (360) 473-5929 SUMMARY: Bremerton Public Works and Utilities applied for and received a $50,000 Stormwater Capacity Building G to support the NPDES Municipal Stormwater Permit implementation. These funds will be used to purchase equipment, supplies, and materials that support the Stormwater Permit requirements. ATTACHMENTS: 1) Storm Water Grant 2017-2019 Summary 2) Washington State Department of Ecology Agreement # WQSWCAP-1719-BremPW-00034 FISCAL IMPACTS (Include Budgeted Amount): Provides $50,000 in revenue Stormwater Fund 481 Operations for 2018 2019 ($25,000 each year) to implement NPDES Stormwater Permit requirements. Zero matching funds are required. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to accept the Municipal Water Quality Stormwater Capacity Building Grant from the Washington State Department of Ecology; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 C—ЋЉЊАΏЊВ aǒƓźĭźƦğƌ {ƷƚƩƒǞğƷĻƩ /ğƦğĭźƷǤΏ.ǒźƌķźƓŭ DƩğƓƷʹ υЎЉͲЉЉЉ ŭƩğƓƷ Ώ bƚΏağƷĭŷ ŅǒƓķƭ ƩĻƨǒźƩĻķ The Washington Department of Ecology (Ecology) has awarded the City of Bremerton funding to assist in implementing the National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater General Permit (Permit). Bremerton has benefitted from Stormwater Capacity Grant program since 2011. These funds are used to purchase equipment, supplies, and materials needed to offset the cost of complying with Permit requirements. YĻǤ 5ğƷĻƭʹ st December 31, 2017 - Approved and signed agreement mailed back to Ecology th January 30, 2018 - First progress report and reimbursement request due and quarterly there after. March 31st, 2019 last day approved purchases are eligible for reimbursement. April 31, 2019 Submit final progress report and reimbursement request to Ecology. ___________________________________________________________________________ Planned purchases: Pet waste bags, Staff training, Illicit Discharge Detection and Elimination (IDDE) sampling/testing supplies Public Education and Outreach supplies Spill kit supplies and equipment Grant management team: Chance W Berthiaume, CPMSM Project Manager Anna Swart Accountant / Financial Analyst AGENDA BILL CITY OF BREMERTON A6 CITY COUNCIL SUBJECT: Professional Services Study Session Date: November 8, 2017 Agreement with BHC Consultants for the COUNCIL MEETING Date: November 15, 2017 Sewage Pump Station CW-4 Upgrade and Department: Public Works & Utilities OF-12 Modifications Project Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: Based on an evaluation of four qualified consultants from the MRSC Consultant Roster, the City has selected BHC Consultants to provide engineering services and limited construction support for the Sewage Pump Station CW-4 and OF-12 Modifications Project. The improvements at CW-4 and OF-12 will reduce combined sewer overflow events at OF-11 in Anderson Cove Basin. The total contract value is $260,760. ATTACHMENTS: 1) Professional Services Agreement with attachments Exhibits A through D 2) Vicinity Map FISCAL IMPACTS (Include Budgeted Amount): The project is in the 2017 budget for design and is included in the proposed 2018 budget for design and construction. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with BHC Consultants in the amount of $260,760 for the Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 PROFESSIONAL SERVICES AGREEMENT Sewage Pump Station CW-4 Upgrade and OF-12 Modifications / Project #: 32006 BHC Consultants, LLC I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated October 24, 2017, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services, such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $260,760 shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibits C and D. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/BHC Consultants October 2017 Sewage Pump Station CW-4 Upgrade and OF-12 Modification Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The dministration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the , unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY Bremerton/BHC Consultants October 2017 Sewage Pump Station CW-4 Upgrade and OF-12 Modification Page 2 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. ims- The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any Bremerton/BHC Consultants October 2017 Sewage Pump Station CW-4 Upgrade and OF-12 Modification Page 3 of 7 operations, liabilities and obligations to which coverage applies. It shall be an affirmative -5161, or by th certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6 Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Bremerton/BHC Consultants October 2017 Sewage Pump Station CW-4 Upgrade and OF-12 Modification Page 4 of 7 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address: Consultant Address: City of Bremerton BHC Consultants Attn: Engineering Division 1601 Fifth Avenue, Suite 500 345 Sixth Street, Suite 600 Seattle, WA 98101 Bremerton, WA 98310 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/BHC Consultants October 2017 Sewage Pump Station CW-4 Upgrade and OF-12 Modification Page 5 of 7 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. In the event of litigation to enforce any of the terms or O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) -performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Bremerton/BHC Consultants October 2017 Sewage Pump Station CW-4 Upgrade and OF-12 Modification Page 6 of 7 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment: For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT (Signature) (Signature) By: Patty Lent By: (Print name) (Print name) its: Mayor its: Date: ___________________ Date: ____________________ Approved as to form: Attest: ______________________ ________________________ Bremerton City Attorney City Clerk R:\\Legal\\Legal\\Contracts\\FORMS\\Professional Services Agreement Form (2016).doc Bremerton/BHC Consultants October 2017 Sewage Pump Station CW-4 Upgrade and OF-12 Modification Page 7 of 7 EXHIBIT A CITY OF BREMERTON SEWAGE PUMP STATION CW-4 UPGRADE AND OF-12 MODIFICATIONS SCOPE OF SERVICES OCTOBER 24, 2017 Statement of Understanding The City of Bremerton (the City) has identified upgrades to Pump Station CW-4 as a necessary step in its combined sewer overflow (CSO) reduction program for Anderson Cove Basin (ACB). CW-4 is located at the northern end of Ohio Avenue just above the Ordinary High-Water Mark of the Port Washington Narrows. The existing pump station receives flow from Sub-basin 12 and discharges at about 500 gpm to a force main on the beach that conveys the flow past Overflow 11 (OF-11) to Pump Station CW-1. The flow transitions from pressurized flow to gravity flow as it passes by OF-11. The project will strive to achieve or allow for future accommodation of the following goals: 1)Reduce overflows at OF-11 through re-direction of CW-4 pumped flow away from the beach force main. 2)Relocate CW-4 to an upland location if cost effective and feasible. 3)Redirect all or most of the CW-4 flow to an existing 8-inch force main along Ohio Avenue, which would then th convey the flow into the Crosstown Pipeline or the gravity sewer along 13 Street. 4)Anticipate the redirection of beach laterals to upland gravity sewers or low-pressure sewers. 5)Anticipate the long-term abandonment of the gravity beach mains serving CW-4 and the beach force main. 6)Provide onsite emergency backup power at CW-4. To achieve these goals, the project will evaluate alternatives to improve (or replace) CW-4, to convey all or most of the Sub-basin 12 flow to the 8-inch Ohio Avenue force main, and to identify improvements to OF-12. Based on the initial evaluation presented by BHC Consultants, LLC in our proposal, the project will likely include the construction of a new duplex pump station and valve vault near the northern end of Ohio Avenue, between the existing OF-12 vault and the existing CW-4. It is assumed that odor control facilities will not be required. In addition, a new force main from the new pump station to the existing 8-inch force main in Ohio Avenue will also be installed, which will divert some or all of the pumped flow away from CW-1. Consideration will be given to replumbing the existing CW-4 to discharge into the new pump station, thus diverting all Sub-basin 12 flow, or allowing the existing CW-4 to continue to pump flows from the gravity beach sewer to CW-1 until a future low-pressure system is installed to remove the beach gravity sewer from service. All elements of the project are assumed to be in public right of way or on existing easements, and no additional easements will be required. A new pump station is assumed to include the following elements: 1)Concrete manhole wet well. 2)Duplex submersible pumps with associated piping. 3)Valve vault. 4)Electrical, instrumentation, and controls, including telemetry equipment. 5)Onsite emergency backup generator, with outdoor sound enclosure. 6)Manufactured building to house the electrical equipment. Project Approach and Scope BHC Consultants, LLC (BHC) will provide engineering services to support these upgrades. In general, these services will include: 1)Evaluation of alternatives for improving CW-4, OF-12, and the respective piping. 2)Preparation of Preliminary Design Report. Page 1 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Scope of Services 3)Preparation of 60% and 90% complete contract documents for review by the City. 4)Preparation and submittal of applications for the permits needed to construct the proposed improvements. 5)Preparation of bid documents to be used by the City to solicit construction bids. 6)Support of City staff during bidding and construction. The proposed facilities will be designed in accordance with the requirements of the current edition of the ‘Criteria for Sewage Works Design’ by the Department of Ecology and City of Bremerton standards. The Contractor will be required to maintain continuous sewerage service for the City throughout construction. Temporary facilities including temporary bypass pumping and pipelines (designed by the Contractor) may be required during construction. Traffic engineering services will not be required. BHC will subcontract with: 1)AES Consultants, Inc (AES) to provide control, boundary, and topographic survey information. 2)Landau Associates (Landau) to provide geotechnical and environmental permitting services. Separate tasks will be used to track and monitor progress for the upgrades. Each task description includes the following six components: 1)Description: Summary description of task. 2)Receivables from City: Elements that will be provided by the City. 3)Work Tasks: Tasks that will be completed by BHC or its sub-consultants. 4)Deliverables: The finished product that will be delivered to the City. 5)Assumptions: Assumptions used to develop each Work Task. 6)Meetings: Meetings identified for each Work Task. This component assumes: BHC's team will work to minimize attendees at meetings; meetings with City staff will be conducted at the City’s offices or via teleconference; and community meetings, if required, will be held at a location near the project site. Task 010 – Project Management Description: Track and monitor the progress of the project and coordinate with the design team, including City staff. Receivables from City: 1)Approved Contract 2)Review and comment on draft documents (agendas, meeting minutes, project management plan, etc.) Work Tasks: 1)Coordinate with City and design team: Attend kickoff meeting at the City and coordinate with City staff and design team by phone on a bi-weekly basis to review current and upcoming tasks, deliverables and coordination efforts. Attend quarterly progress meetings at the City. 2)Invoicing/Status Reports: Provide monthly invoices with project status summary reports. 3)Project Management Plan: Prepare a Project Management Plan that includes the signed contract, scope of work and budget, baseline project schedule, stakeholders register, and other pertinent project management procedures. 4)Perform quality assurance/quality control (QA/QC) reviews. Deliverables: 1)One (1) electronic copy (Adobe pdf format) of meeting agendas. 2)One (1) electronic copy (Adobe pdf format) of the draft and final meeting minutes for each meeting. 3)Monthly status reports with invoices and updated monthly schedule (Adobe pdf format). 4)Up to two (2) hard copies and one (1) electronic copy (Adobe pdf format) of the Project Management Plan. October 24, 2017 Page 2 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Scope of Services Assumptions: 1)Kickoff meeting will be held at the City and will be attended by BHC's project manager, project engineer and environmental permitting lead. BHC will prepare an agenda for the meeting as well as draft and final meeting minutes. This meeting will review the roles and objectives for the project and discuss/identify data requirements and needs. 2)Quarterly team meetings will be held at the City and will be attended by BHC’s project manager, project engineer, and others, as appropriate. 3)Bi-weekly coordination meetings will be conducted via conference calls. 4)Earned Value Management tracking will be used to monitor project status. 5)The project status summary reports will include a brief description of the services provided during the current invoicing period as well as a summary of the anticipated services for the next invoicing period. 6)QA/QC reviews will be performed on: a)The Preliminary Engineering Report, 60%, 90%, and final design submittals. b)Reviews will be performed by the project manager and a senior or principal level engineer not directly involved in the design efforts. 7)The target completion date for the project will be the end of 2018. Meetings: 1)One (1) project kickoff meeting up to four (4) hours in length (including travel time). 2)Five (5) quarterly team meetings up to four (4) hours each in length (including travel time). 3)Biweekly project team conference calls up to one (1) hour each in length. Task 020 – Preliminary Engineering Description: The primary purpose of this phase is to gather information on the existing system and to evaluate alternatives for upgrading or replacing CW-4, with the intent of selecting a preferred alternative that will go forth into design and construction. Preliminary notifications to the public will also be included as part of this task. Receivables from City: 1)Maps, record drawings and copies of easements for the existing sewer system and facilities, including the location of the 8-inch force main on Ohio Avenue. 2)Copies of the City's design standards, if any (electronic format preferred). 3)Written review comments on draft reports and memorandums. 4)Public meeting dates and venues. 5)City to perform drawdown testing and review historic pumping rates in order to provide BHC with CW-4 existing and future sewage flow rates. th 6)City to determine the discharge location for the 8-inch Ohio Avenue force main (13 Street sewer or Crosstown Pipeline), including discharge pressure conditions for the latter option. Work Tasks: 1)Collect, review, and discuss data provided by City. 2)Coordinate with AES to perform the following surveying services: a)Develop a boundary and control survey along Ohio Avenue in two segments: (1) from approximately th 100 ft. south of 13th Street to 200 ft. north of 13 Street, and (2) from the north end of Ohio Avenue at the shoreline, including the existing manhole located in Washington Narrows and exposed during low tide, to approximately 600 ft. south along Ohio Avenue. Total surveyed distance is approximately 900 ft. The boundary and control survey includes: i)Establishing control points and setting temporary bench marks that may be used for design and construction purposes later in the project. October 24, 2017 Page 3 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Scope of Services ii)Performing boundary survey to verify rights of ways, easements and property boundaries. iii)Researching survey records as required to support the control survey and boundary determinations. iv)Determining rights-of-way and their intersections with adjoining property lines based on the control survey work, research and investigations. b)Conduct a topographic survey for the full width of the right of way as identified in the Work Task above, th (1) from approximately 100 ft. south of 13th Street to 200 ft. north of 13 Street, and (2) from the north end of Ohio Avenue at the shoreline, including the existing manhole located in Washington Narrows and exposed during low tide, to approximately 600 ft. south along Ohio Avenue. Total surveyed distance is approximately 900 ft. The topographic survey includes: i)Locating utilities (including service lines) using the services of a private utility locating company to mark locatable underground utilities within the project area. ii)Contacting the various utility companies and agencies to obtain underground utility mapping and as-builts and incorporate said information into the base map drawings as appropriate. iii)Collecting topographic information of locations and elevations of visible physical surface features. iv)Confirm key conveyance invert elevation information. v)Coordinate with City staff to identify key utilities that may need to be potholed. If potholing is required, either the City can perform or an amendment to this scope of services will be required. 3)Coordinate with Landau to perform the following preliminary environmental permitting services: a)Locate the ordinary high-water mark for Anderson Cove/Washington Narrows and delineation of critical areas within the project area. b)Conduct a preliminary evaluation of the site to determine specific permit applications and approvals required for the pump station improvements and pipeline installation. c)Complete a review of readily available documentation/databases and conduct a limited site reconnaissance to identify environmental resources in the project area. The environmental resources that are identified will include those considered as part of SEPA compliance. d)Review the pump station alternatives to identify potential impacts to the environmental resources and the permitting needs associated with those resources. e)Conduct one onsite preapplication meeting with the Washington Department of Fish and Wildlife (WDFW) Area Habitat Biologist to address the project work adjacent to Anderson Cove/Washington Narrows and the requirements for a Hydraulic Project Approval (HPA). f)Prepare a permitting matrix that summarizes the anticipated environmental and permitting considerations, resources in the project corridor, anticipated permit/compliance requirements associated with specific environmental resources, and project activity that may require submittal of preconstruction permit applications. Develop a schedule that provides a timeline for the permitting process. g)Prepare a figure that identifies relevant environmental resources in the project area. Waterway and associated buffer delineation, if necessary, will be completed during the design phase. Sensitive species locations will not be identified on project mapping. h)SEPA will be used as a guide for identification of environmental elements to be addressed as part of project permitting/authorizations. 4)Coordinate with Landau to perform the following geotechnical services: a)Compile and review readily available geologic and geotechnical information and conduct a brief geologic reconnaissance of the site. This information will be used to gain a general understanding of past human activities (filling, construction, etc.) and the underlying geology in the area. b)Analyze available geologic and geotechnical information and develop preliminary geotechnical engineering conclusions and recommendations to support the evaluation of alternatives. 5)Evaluate up to four (4) alternatives for the upgrade or replacement of Pump Station CW-4. The evaluations will be a simplified expansion of the thoughts and concepts included in BHC’s proposal for the project. All October 24, 2017 Page 4 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Scope of Services alternatives will include flow conveyance to the 8-inch Ohio Street force main, with the sewer flow rate and discharge pressure provided to BHC by the City. Select the preferred alternative in concert with City, and prepare a Preliminary Engineering Report, which represents an approximate 30% complete level of design. Prepare a planning level opinion of probable construction cost (OPCC) for the preferred alternative only. The Preliminary Engineering Report will comply with the requirements of Section G1-4.1 of the Criteria for Sewage Works Design published by the Department of Ecology and will include the following: a)Summary of the alternative evaluations, including text and graphics, major construction elements, baseline design criteria, and permitting matrix. b)Summary of the hydraulic analysis. c)Preliminary 30% level design drawings for the preferred alternative, including a site plan identifying the location and layout of the facilities. d)Preliminary specifications table of contents. e)Preliminary project schedule for design and construction. f)Planning level opinion of probable construction cost (OPCC) for the preferred alternative, based on the 30% level design. City comments on the draft report will be incorporated and the final report submitted for the record. 6)Perform hydraulic design on the preferred alternative. a)Size the pumps and the wet well. b)Perform a transient analysis for the station and force main. The computer-based transient analysis will investigate the expected transient pressures at the station and in the force main to define appropriate improvements or measures, if any, to mitigate unacceptable pressures. The analysis will review the following conditions: i)Power failure with one pump operating. ii)Normal startup with one pump operating. iii)Normal shutdown with one pump operating. 7)Initiate public outreach efforts, to include the following: a)Prepare an informational flyer that identifies the need for the project and summarizes the anticipated improvements. The City may send copies of the flyer directly to the impacted public or use the information on the flyer to prepare a post card mailer or door tags. The City will be responsible for developing the post card mailer and door tags as well as all mailings or hanging of the door tags. b)Hold one public meeting to present the project to the public. BHC will prepare an agenda and presentation for the meeting. The City will be responsible for obtaining a venue for the meeting and providing notification of the meeting’s location and schedule to the public. Deliverables: 1)One (1) electronic copy (Adobe pdf and AutoCAD format) of the boundary and topographic survey mapping. 2)One (1) electronic copy (Adobe pdf format) of the draft and final permitting matrix. 3)One (1) electronic copy (Adobe pdf format) of the draft and final figure(s) that identify relevant environmental resources in the project area. 4)One (1) electronic copy (Adobe pdf format) of a site plan layout for the preferred alternative. 5)One (1) electronic copy (Adobe pdf format) of the draft and final Preliminary Engineering Report. 6)One (1) electronic copy (Adobe pdf format) of a public outreach flyer. 7)One (1) electronic copy (Adobe pdf format) of an agenda and presentation for the public meeting. Assumptions: 1)The project footprint will be contained within the existing right-of-way to the east and west, and above the ordinary high-water mark. The new CW-4 pump station will be located between the existing OF-12 vault and the existing CW-4, and replacement of the OF-12 vault is not anticipated. 2)City to provide current and future flow requirements, including peak flows. 3)City to determine which discharge option from the south end of existing 8-inch force main is preferable. If October 24, 2017 Page 5 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Scope of Services discharge into the Crosstown pipeline is selected, City to provide BHC with discharge pressure requirements. 4)The emergency backup generator will be housed in an outdoor sound enclosure. The electrical components will be housed in a premanufactured Control Building, similar to other buildings within the City as manufactured by Blazer Industries or Romtec Utilities. 5)BHC will initiate discussions with Puget Sound Energy (PSE) about power availability at the site, and will coordinate with PSE throughout the project design. 6)Due to the existing development and previous disturbed nature of the CW-4 site, this scope assumes no wetlands are present. If wetlands are present, an amendment to this scope of services will be required. 7)Due to the previously disturbed nature of the project area, the City has determined that cultural resource investigations at the site are not required. 8)Condition assessment of the existing 8-inch Ohio Street force main or beach main laterals and force main is not included in this project. 9)The City’s review comments on the draft Preliminary Engineering Report will be electronically delivered to BHC. A design review meeting is assumed to be unnecessary. 10)No entry onto private property will be required. If said entry becomes necessary, the City will be responsible for obtaining the appropriate permissions. Meetings: 1)One (1) meeting up to five (5) hours in length (including travel time) with the City to discuss the alternatives. 2)One (1) meeting up to three (3) hours in length (including travel time) between BHC and Landau to discuss the environmental permitting findings. 3)One public meeting up to four (4) hours in length (including travel time) to present the preferred alternative to the public. Task 030 – Design Engineering Description: Complete and finalize the design, and prepare construction plans, specifications and an opinion of probable construction cost for the project. Receivables from City: 1)Written review comments on 60% and 90% design submittals within two (2) weeks. Work Tasks: 1)Coordinate with Landau to perform the following geotechnical services: a)Drill one (1) soil boring approximately 30 feet below the existing ground surface. Landau will subcontract with the driller and coordinate any required right of way permits, underground utility locating, and traffic control services. b)A piezometer will be installed in the soil boring to record groundwater fluctuations from tidal influence for a period of 1 week. c)Geotechnical laboratory testing, including gradation and moisture content determinations, will be made on select samples from the boring. d)Based on information obtained from the soil boring and the geotechnical research, prepare a draft geotechnical engineering report that: i)Discusses the anticipated near-surface soil and groundwater conditions. ii)Provides recommendations on hydraulic conductivity of the soils, which may be used by contractors to evaluate soil permeability as it pertains to estimating dewatering rates. iii)Provides recommendations for earthwork and grading, including excavations, subgrade preparation, a discussion of potential dewatering methods, the reuse of onsite materials, and structural fill placement and compaction criteria. October 24, 2017 Page 6 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Scope of Services iv)Provides recommendations for lateral earth pressures for use in designing the wet well and temporary shoring (temporary shoring to be designed by the contractor). v)Provides limited recommendations for shallow foundation support, including allowable soil bearing pressure and settlement, as needed. vi)Provides geotechnical seismic design information in general accordance with 2014 American Association of State Highway and Transportation Officials LRFD Bridge Design Specifications and the 2015 International Building Code. vii)Evaluates potential seismic risks at the site including soil liquefaction, lateral spreading, and surface fault rupture. e)Following receipt of review comments, prepare a final geotechnical engineering report. f)Provide geotechnical consultation during final design, including discussions of shoring and dewatering, meetings, and reviewing civil plans and specifications. 2)60% Design Submittal: a)Prepare 60% design level plans and specifications. b)Prepare 60% design level opinion of probable construction cost. c)Prepare updated project schedule for the remaining design efforts and construction. d)One (1) Site Visit assumed for preparation of 60% Design Submittal. 3)90% Design Submittal: a)Address/incorporate 60% Design Submittal review comments from the City. b)Prepare a Record of Comment to address the resolution to each 60% review comment from the City. c)Prepare 90% design level plans and specifications. d)Prepare 90% design level opinion of probable construction cost. e)Prepare updated project schedule for the remaining design efforts and construction. f)One (1) Site Visit assumed for preparation of 90% Design Submittal. 4)Final Construction Bid Documents: a)Address/incorporate 90% Design Submittal review comments from the City. b)Prepare a Record of Comment to address the resolution to each 90% review comment from the City. c)Prepare construction bid level plans and specifications. d)Prepare final opinion of probable construction cost. e)Prepare updated project schedule for project construction. Deliverables: 1)Up to three (3) hard copies and one electronic copy (Adobe pdf format) of the draft and final Geotechnical Engineering Report 2)Up to three (3) hard copies and one electronic copy (Adobe PDF format) of the 60% Design Submittal. 3)One (1) electronic copy (Adobe PDF format) of the 60% Design Submittal Record of Comment. 4)Up to three (3) hard copies and one electronic copy (Adobe PDF format) of the 90% Design Submittal. 5)One (1) electronic copy (Adobe PDF format) of the 90% Design Submittal Record of Comment. 6)One (1) electronic copy (Adobe PDF format) of the Final Construction Bid Documents prior to engineer’s signature for final review, comment and/or acceptance. 7)Up to three (3) hard copies and one electronic copy (Adobe PDF, AutoCAD (drawings) and MS Word (specifications) format) of the Final Construction Bid Documents. 8)One (1) electronic copy (Adobe pdf format) of minutes for Meetings as necessary Assumptions: 1)No contaminated soil or groundwater is present within the project site. If these conditions are encountered, an amendment to this scope of services will be required. 2)Construction Specifications Institute (CSI) format specifications will be used for the project. 3)Drawings will be prepared full size (22” x 34”) using AutoCAD Release 2016. 4)Hard copy drawings for the 60% and 90% submittals will be provided in half size (11”x17”). October 24, 2017 Page 7 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Scope of Services 5)Hard copy drawings for the signed Final Construction Bid Documents will be provided in full size (22”x34”). 6)The 60% and 90% Design Submittals will include plans, specifications, opinion of probable construction costs estimate, and an updated schedule. 7)The Final Construction Bid Documents (stamped and signed) will include plans, specifications, opinion of probable construction costs estimate, and an updated schedule. 8)Meetings with City to review the 60% and 90% submittal comments will occur within three (3) weeks of City submittal receipt; response to all City review comments shall be available for discussion at meeting. Meetings: 1)One (1) meeting up to four (4) hours in length (including travel time) with City to review 60% Design Submittal review comments. 2)One (1) meeting up to four (4) hours in length (including travel time) with City to review 90% Design Submittal review comments. Task 40 – Permitting Description: Coordinate with Landau to prepare and submit applications for the regulatory permits necessary to construct the project. These permits are anticipated to include SEPA, NPDES, Hydraulic Project Approval (HPA), Shoreline Substantial Develop Permit (SSDP), and Critical Areas Ordinance Compliance. The City will prepare and submit the Building Permit. Receivables from City: 1)Review comments on draft permit applications and supporting documents. 2)Public meetings dates and venues. Work Tasks: 1)SEPA Checklist: Prepare the SEPA Environmental Checklist for the project and submit to City for review. Provide assistance to City in preparing public review notice. 2)NPDES Permit: Prepare Notice of Intent (NOI) and develop Stormwater Pollution Prevention Plan (SWPPP) outlining sediment, erosion, and pollution control measures and submit to City for review. BHC will address the City’s review comments and then submit the final NOI and SWPPP to the Department of Ecology (DOE) for approval. 3)JARPA: Prepare JARPA to support the required regulatory processes. 4)Hydraulic Project Approval (HPA): Submit contents of the JARPA to the WDFW to address project work adjacent to Anderson Cove/Washington Narrows. 5)Shoreline Substantial Development Permit (SSDP): Submit the JARPA to the City of Bremerton Community Development Department (CDD) and coordinate with the CDD as required. Support City on shoreline hearings meeting. It is assumed that a review by the City hearing examiner will not be required as part of the shoreline permit process, and attendance at a hearing is not included. 6)Critical Areas Ordinance Compliance: Prepare critical area report presenting results of waterway delineation, mitigation sequencing, including evaluation of Shoreline Master Program policies, as necessary; and submit to City for review. This regulatory process will be reviewed and approved as part of the SEPA and SSDP process. Deliverables: 1)One (1) electronic copy (Adobe pdf format) of the draft and final SEPA Checklist documents. 2)One (1) electronic copy (Adobe pdf format) of the draft and final NOI and SWPPP. 3)One (1) electronic copy (Adobe pdf format) of the draft and final JARPA. 4)One (1) electronic copy (Adobe pdf format) of the draft and final critical areas report. October 24, 2017 Page 8 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Scope of Services Assumptions: 1)Landau will coordinate with environmental regulatory agencies as necessary. 2)The City will be the lead agency for SEPA. 3)City is responsible for coordination and advertising costs with the newspaper of record as required by SEPA and the NPDES regulatory processes. 4)The JARPA will be suitable for submittal to WDFW for the HPA and the City for the SSDP. The documents associated with the 60% design submittal are suitable to complete the JARPA. 5)The project will not require federal funds, property, or permits, and preparation of a Biological Assessment or Biological Evaluation for compliance with the Endangered Species Act is not included in this scope of services. 6)The City will not require the preparation of a Habitat Management Plan. 7)Review by the hearing examiner will not be required as part of SSDP review. Attendance at a hearing is not included. 8)Work will occur above ordinary high-water mark, with no in-water work or work in wetlands being required. 9)City is responsible for all permit application fees. Meetings: 1)One (1) meeting up to four (4) hours in length (including travel time) associated with preapplication for Hydraulic Project Approval. Task 50 – Bid Period Services Description: BHC will assist the City in obtaining bids from Contractors to construct the proposed upgrades. Receivables from City: 1)Written requests for responses to bidder questions. 2)Electronic copy of the bid tab. 3)Location and schedule for the pre-bid meeting. Work Tasks: 1)Respond to Bid Questions: Assist City with responses to questions by bidding contractors 2)Attend pre-bid meeting onsite. 3)Prepare Addenda: Prepare and submit addenda to City for issuance, as necessary Deliverables: 1)Email responses to bid questions. 2)One (1) electronic copy (Adobe pdf format) of project addenda. Assumptions: 1)The project will be bid as one package and will only be bid one time. 2)City will be responsible for administering and issuing the bid documents and addenda to prospective bidders and other interested parties (equipment and material suppliers and plan centers). 3)BHC will provide support services to the City during bidding on an as-requested basis 4)One (1) pre-bid meeting will be held at the City to present the project to potential bidders. Meetings: 1)One (1) pre-bid meeting up to four (4) hours in length (including travel time) at the City. October 24, 2017 Page 9 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Scope of Services Task 60 – Engineering Services During Construction Description: BHC will provide routine construction support services during construction. These services will be administered from BHC’s home office in Seattle. BHC will coordinate with the City’s construction manager and construction observers/inspectors as needed. Receivables from City: 1)Screened shop drawings and submittals. 2)Copies of the minutes from the construction progress meetings. 3)Written requests to attend construction progress meetings. 4)Written requests for assistance in addressing questions and issues that arise during construction. 5)Written requests for revisions to the Contract Documents to address changes. Work Tasks: 1)Prepare conformed drawings and specifications. 2)Review shop drawings and submittals. 3)Assist City’s construction manager in resolving questions and requests for information from the contractor. 4)Attend construction meetings when requested by the City. 5)Visit the construction site to address issues that arise during construction that require input from the Engineer. 6)Provide code/permit required structural observation to validate construction meets the intent of the Contract Documents and the code requirements. 7)Provide civil/mechanical/electrical engineering site observation when requested by the City. 8)Provide limited land surveying support services on an as requested basis. 9)Provide geotechnical support services during construction on an as requested basis. 10)Provide revisions to the design to addresses necessary or desired changes discovered during construction. 11)Review operations and maintenance (O&M) manuals from the Contractor for the pump station and provide written comments to the City. 12)Supplement the O&M manual provided by the Contractor to develop a Facility O&M Manual in accordance with DOE’s Criteria for Sewage Works Design (Orange Book) dated August 2008 and WAC 173-240-080. Deliverables: 1)Written comments and recommendations on shop drawings/submittals. 2)Written interpretations and responses to questions and requests for information. 3)Written documentation of field activities observed during site visits. 4)Written comments and recommendations on Contractor developed O&M Manual. 5)Written documentation supporting approved change order requests. 6)Construction correspondence as required. 7)Two (2) 3-ring bound hard copies of the Facility O&M Manual for the pump station. 8)One (1) electronic copy (Adobe pdf format) of the Facility O&M Manual for the pump station. Assumptions: 1)The City’s construction management practice is to perform the majority of the oversight and day-to-day review of the facility construction. BHC will support the City’s construction manager as requested, to the Task budget limit shown for Task 060, Engineering Services During Construction, in Exhibit B, Budget. 2)The City’s construction manager will conduct an initial review of submittals from the Contractor and will only forward those submittals that require engineering review. BHC’s review will be for general conformance with the requirements of the Contract Documents. The City will be responsible for forwarding/posting the final reviewed documents back to the Contractor. 3)The City will be responsible for providing construction management and field construction observation October 24, 2017 Page 10 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Scope of Services services, including the preparation of daily reports, requests for information (RFIs), pay estimates, and work directives to the Contractor. BHC will provide written responses to RFIs as requested by the City, and the City will be responsible for forwarding/posting RFI responses to the Contractor. 4)The City will be responsible for scheduling/coordinating/conducting biweekly construction progress meetings and preparing minutes of the meetings. BHC will only attend meetings when requested by the City. 5)Geotechnical engineer support services during construction will include the following: a)Respond to RFIs. b)Review shoring and dewatering shop drawings and submittals. 6)Environmental support services during construction will not be necessary. 7)The Contractor shall be responsible for maintaining surveying stakes and points established by BHC during design and shall provide all construction staking necessary to install the improvements. BHC will re- establish lost or disturbed horizontal and vertical control points and benchmarks created for design one time prior to the Contractor beginning on-site construction activities. All other surveying services are assumed to be provided by the Contractor. 8)The City will be responsible for coordinating and providing special inspections/materials testing services (both field and laboratory) needed for quality control/assurance during construction. 9)For purposes of this scope and budget, the budget allocated for revisions to the work or design associated with change orders is an allowance and services beyond this level will require authorization from the City. The City is responsible for preparing all change orders to the construction contract and issuing said change orders to the Contractor. 10)City will be responsible for forwarding all pertinent construction related documentation to the Contractor and BHC. Meetings: 1)BHC will attend construction progress meetings as requested, with Task 060 limits described in the Assumptions above. 2)BHC’s electrical and structural engineers will conduct site visits as requested, with Task 060 limits described in the Assumptions above. 3)Site visits to complete geotechnical observations and to address geotechnical issues/concerns are not budgeted, but the geotechnical engineer will be available pending availability of unused Task 060 budget, as shown in Exhibit B, or as an amendment to this contract. Task 70 – Post Construction Services Description: BHC will prepare construction record drawings in accordance with WAC 173-240-090(a). Receivables from City: 1)Redline markups from the Contractor and the City’s construction observers/inspectors that identify all modifications to the design documents that occurred during construction. Work Tasks: 1)Prepare construction record drawings. 2)Prepare Declaration of Construction Completion for the project. Deliverables: 1)One set of full size (22" x 34") of the construction record drawings. 2)One set of half size (11" x 17") of the construction record drawings. 3)An electronic copy (Adobe pdf format) of the construction record drawings. 4)An AutoCAD 2016 version of the final construction record drawings will be provided to the City. 5)Signed Declaration of Construction Completion for the project. October 24, 2017 Page 11 City of Bremerton Exhibit A Sewage Pump Station CW-4 Upgrade and OF-12 Modifications Scope of Services Assumptions: 1)As constructed modifications to the drawings will be relatively minor. BHC will make the modifications as shown on the redline markups, and will not provide field verification. 2)The Declaration of Construction Completion form will be submitted to the Department of Ecology after the project close-out activities have been completed, the City recommends final payment of the Contractor, and the record drawings have been prepared by BHC. Meetings: 1)None. Task 80 – Management Contingency It is difficult to accurately predict all issues that may arise during the design and construction phases of the project. Task 80 is included to provide a contingency fund for unanticipated and unidentified work. It is specifically included so that the City may quickly authorize BHC to perform additional work under this contract for scope changes that the City determines to be necessary. Funds under this task shall not be used without prior written approval from the City. Schedule A detailed baseline schedule will be developed after notice to proceed and before the kickoff meeting. Initial project milestones have been established, and are attached as Exhibit B. Budget The Project budget is $260,760 and is attached as Exhibit C. This budget is based on the assumption that design and construction services associated with this scope of services will be completed within fourteen (14) months from notice to proceed. Furthermore, this budget is based on, and in accordance with, BHC’s rate schedule through 2018, attached as Exhibit D. The City agrees to allow BHC to adjust rates on an annual basis beginning in January 2019, at an anticipated increase of three (3) percent, if the milestone schedule described above is exceeded. BHC’s subconsultants anticipate rate increases between 2 and 5 percent in 2018. Regardless of any rate increase, the overall project budget identified above shall not be exceeded, except in accordance with Section III of the Professional Services Agreement. October 24, 2017 Page 12 EXHIBIT B CITY OF BREMERTON SEWAGE PUMP STATION CW-4 UPGRADE AND OF-12 MODIFICATIONS PROJECT SCHEDULE OCTOBER 24, 2017 Project Milestones Anticipated Notice To Proceed – November 16, 2017 Anticipated Kickoff Meeting – November 17, 2017 Anticipated Preliminary Engineering Report – End of January 2018 Anticipated Design Completion – May 2018 Anticipated Construction Initiation – July 2018 Anticipated Construction Completion and Start-Up – December 2018 Page 1 Budget Page 1 of 1 13$260,760 Sub. Total $30$630$630 $393$8,243$8,587$960$20,160$20,160$200$4,200$4,200 BHC $1,280$26,880$27,225 Markup $600 Subconsultants $7,850 AES Project Management as % of total8.7% Estimated No. of Design Drawings26 $4,000 $25,600$19,200 Landau BHC Expenses HoursCost $88428$124$4,265$0$0$4,265 P. Acctg $35.63 Uma $110.45 8 $682$682$024$101$3,459$0$0$3,459 S. $27.49$85.21 88 $985$0$016$70$2,392$0$0$2,392 $5,908$0$0121$568$19,509$0$0$19,509$6,523$0$0178$910$31,237$0$0$31,237$2,215$0$044$219$7,502$0$0$7,502$1,969$0$020$79$2,717$0$0$2,717 $13,046$0$0249$1,205$41,369$0$0$41,369 blendedSarah $39.70 $123.08 8 48531816 106 $1,717$2,575$6,438$0$0$068$386$13,255$0$0$13,255$5,150$0$0$030$186$6,397$0$0$6,397 $12,876$10,515 G.CAD, $214.59 8 6049123024 $353$177 F.Jeff $1,414$1,944$1,414$1,060 $57.01 $176.72 28186 Gustavo 11 Structural Engr. $0$0$0$0 EXHIBIT C - FEE SCHEDULE $5,150$0$0$0$0$024$155$5,305$0$0$5,305$1,288$0$0$0$0$028$158$5,409$0$0$5,409 F. $69.22$69.22 Tony $214.59 60000 24 Tech Adv/QAQCClerical L. $1,250$0$0$0$0$0$016$58$1,976$0$0$1,976 $33.59 $104.14 Preston 12 $335$0$0$0$0$0$0$02$10$345$669$0$0$0$0$0$0$06$33$1,131$0$0$1,131$669$335$0$0$0$0$0$0$02$10$345$669$0$0$0$0$0$0$04$20$689$0$0$689$669$0$0$0$0 $1,338$0$0$0$0$0$0$010$53$1,820$0$0$1,820$2,676$0$9,032$0$2,007$0$0$0$0$0$0$020$112$3,836$0$0$3,836$9,199$0$1,673$0$2,007$0$0$0$0$0$0$012$60$2,067$0$0$2,067$1,004$0$0$0$0$0$0$012$69$2,360$0$0$2,360$1 ,004$0$0$0$0$0$0$09$49$1,697$0$0$1,697$1,338$0$0$0$0$5,018$0$0$2,676$0$0$0$0$0$0$024$132$4,525$0$0$4,525$2,676$0$0$0$0$0 S. $11,541$0 Proj. Engr.Electrical Engr.CAD 8244246684 16541269551012301616 $429$429$215$429 $9,442$0$0$0$0$0$0$0$044$283$9,725$0$0$9,725$2,575$0$0$0$0$0$0$2,575$0$0$0$0$0$0$0$015$97$3,315$0$0$3,315$1,288$1,502$1,717$1,288$2,146$1,288$1,717 D.Erika 2267861628 44121210 $0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$00$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$00$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$00$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$00$0$0$0$0$0$0$0$0$0$0$0$00$0$0$0$0$0$0$0$0$0$0 $0$0$0$0$0$0$0$00$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$00$0$0$0$0$0$0$0$0$0$0$0$00$0$0$0$0$0$0$0$0$0$0$0$0$0$00$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$0$00$0$0$0$0$0$0$0$0$0$0$0$0$0$0$00$0$0$0$0$24 ,000$0$0$0$0$0$0$0$0$0$00$0$0$0$0$0 $644$429$429$215 S.Charlie $69.22$69.22$53.95 $214.59$214.59$167.26 PrincipalProj. MgrProj. Engr.Adam 8$1,717126$27,039338$56,53312$1,25030$6,43836$6,362183$39,271249$30,64616$1,3638$8841,006$5,145$176,647$48,800$8,450$2,863$60,1 s Subtotal3$64468$14,5920$00$024$5,1500$00$00$08$6828$884111$65922,610.3$00.0$0$0$22,610Subtotal2$42925$5,365100$16,72612$1,2506$1,2882$3538$1,71748$5,9080$00$0203$99134,026.0$07,850.0$393$8,243$42,268 Subtotal2$42917$3,648136$22,7470$00$020$3,534121$25,966177$21,7840$00$0473$2,34380,452.5$25,6000.0$1,280$26,880$107,332Subtotal0$00$012$2,0070$00$00$00$00$00$00$012$602,067.3$19,2000.0$960$20,160$22, 227Subtotal1$2158$1,71716$2,6760$00$00$00$00$00$00$025$1384,745.7$00.0$0$0$4,746Subtotal0$08$1,71770$11,7080$00$014$2,47454$11,5888$9858$6820$0162$87530,027.9$4,000600.0$230$4,830$34,858Subtotal0$00$ 04$6690$00$00$00$016$1,9690$00$020$792,717.4$00.0$0$0$2,717Subtotal0$00$00$00$00$00$00$00$00$00$00$00.0$00.0$0$0$24,000 e Direct Labor Rate (See Note 1) October 24, 2017 S:\\Projects\\Bremerton\\17-XXXXX CW-4 PS\\PM\\Scope and Fee\\Exhibit C - Budget_CW-4_master_Rev.4 #Task NameHoursCostsHoursCostsHoursCostsHoursCostsHoursCostsHoursCostsHoursCostsHoursCostsHoursCostsHoursCosts City of BremertonPS CW-4 Upgrade and OF-12 ModificationProject Fee Estimat17-10549Date:Task #Billing Rate @ 3.10 Multiplier010Project ManagementCoordinate and Manage TeamMonthly Status Reports/InvoicingProject Management Communications3QA/QC Reviews020Preliminary EngineeringData EvaluationSurveyEnv. Permitting & Cultural ResourcesAlternatives EvaluationPreliminary Design Report/30% Design2Hydraulics and Transient AnalysisPublic Outreach030Design EngineeringGeotechnical60% Design Submittal90% Design SubmittalFinal Construction Bid Documents2040PermittingSEPA, NPDES JARPA, HPA, Shoreline, Critical Areas050Bid Period ServicesRespond to BiddersAttend pre-bid meetingPrepare addenda (2 maximum)1060Eng. Services during ConstructionConformed drawings and SpecsShop drawings/submittals/questionsOn-site construction meetingsEngineer Site VisitsSurveyor Site VisitsGeotechnical, incl. Site VisitsO&M manual review070Post-Construction ServicesPrepare Record Drawings080Project ContingencyManagement ReserveTotal BudgetNote 1. Direct Labor Rate reflects labor rate through 2018. EXHIBIT D 2017-2018 Schedule of Charges Billing Title Hourly Billing Rates Principal Engineer $210 - $255 Sr. Structural Engineer $155 - $220 Sr. Electrical Engineer $155 - $215 Senior Engineer $155 - $215 Project Engineer $120 - $170 Staff Engineer $100 - $120 Engineering Technician* $50 - $90 Planning Manager $155 - $210 Senior Planner $110 - $155 Planner $75 - $100 GIS Specialist* $100 - $110 Sr. Field Inspector* $110- $150 Field Inspector & Building Inspectors* $90 - $110 CAD Manager* $130 - $155 Draftsperson* $100 - $125 Project Administrator* $90 - $130 Project Assistant/Word Processor* $70 - $90 Building Code Compliance Review $90 - $220 Professional Reimbursement: The hourly billing rates include the cost of salaries of the BHC employees, plus paid sick and safe leave, vacation, holiday, other fringe benefits, indirect overhead and fee. All employees classified as “non-exempt” (billing category denoted with *) by the U.S. Department of Labor will be compensated at 1-1/2 times salary for overtime hours, as per State and Federal wage and hour laws. Billing rates will be calculated accordingly for these overtime hours. Communication Fee: Project Labor times 3.0% which includes telecommunications, faxes, standard U.S. Mail, mobile phones, and internet access. Direct Expenses: Reimbursement for direct expenses incurred in connection with the work, will be at cost plus ten percent. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective October 1, 2017 through December 31, 2018, and will be adjusted thereafter. City of Bremerton October 24, 2017 Sewage Pump Station CW-4 Upgrade and OF-12 Modifications VICINITY MAP SEWAGE PUMP STATION CW-4 AND OF-12 AGENDA BILL CITY OF BREMERTON A7 CITY COUNCIL SUBJECT: Contract Modification Study Session Date: November 8, 2017 Agreement No. 3 with Parametrix for COUNCIL MEETING Date: November 15, 2017 Groundwater Monitoring at the former Department: Public Works & Utilities Chevron Property Remediation Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: Parametrix has been performing groundwater monitoring and reporting to the Department of Ecology for the former Chevron Property since remediation was completed in 2012. Contract Modification No. 1 provided scope and budget to complete all monitoring and reporting through 2017; over $73,000 of that budget still remains. Contract Modification No. 2 was a schedule extension with no modification to the scope or budget. This Contract Modification No. 3 supplements the existing contract to continue groundwater monitoring and reporting until 2022 when the site is expected to meet cleanup levels in compliance with Department of Ecology regulations. ATTACHMENTS: 1) Contract Modification No. 3 2) Scope of Work FISCAL IMPACTS (Include Budgeted Amount): No fiscal impact to 2017 Budget. $17,000 is included in the proposed 2018 Budget. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification Agreement No. 3 between the City of Bremerton and Parametrix for the former Chevron Property Remediation; 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 CONTRACT MODIFICATION AGREEMENT NO. 3 BETWEEN THE CITY OF BREMERTON AND PARAMETRIX PROJECT Former Chevron Property Remediation CONSULTANT Parametrix, Inc. DATE October 13, 2017 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE FORMER CHEVRON PROPERTY REMEDIATION AGREEMENT (the "Contract") entered into between the City of Bremerton and Parametrix on January 27, 2011 All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: the project scope is supplemented by the attached Exhibit A. Section II. Term , is modified as follows: The Consultant shall complete the work per Exhibit B by December 30, 2022. Section III. Compensation , is modified as follows: The original contract amount was $123,786.00. Contract Modification No. 1 amended the contract amount to $349,042.00. Contract Modification No. 2 was a no cost contract extension. This Contract Modification No. 3 increases the budget by $52,693.13 for a new contract total amount of $401,735.13. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and CONTRACT MODIFICATION 1 Project Number: other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process Initials and Date CONSULTANT. THE CITY OF BREMERTON By By Patty Lent Its Its Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Dave Dinkuhn Tom Knuckey, PE Senior Engineer City Engineer Parametrix City of Bremerton Engineering Department 4660 Kitsap Way, Suite A 3027 Olympus Drive Bremerton, WA 98312 Bremerton WA, 98312 360-377-0014 360-473-2376 R:\\LEGAL\\Contracts\\FORMS\\Contract Modification (2003).doc CONTRACT MODIFICATION 2 Project Number: EXHIBIT A SCOPE OF WORK City of Bremerton Former Chevron Property Remediation Amendment No. 3 INTRODUCTION This Scope of Work (SOW) describes Parametrix’s proposal for additional services to be performed under our existing contract for Long-Term Monitoring (LTM) at the Former Chevron Property. The work will be performed under Amendment No. 3 to our Professional Services Agreement dated January 27, 2011. Additional services consist of 5 additional years of groundwater monitoring and an update to the project’s LTM plan. The new completion date for the project is December 30, 2022 (see Exhibit B – Schedule). The original project budget included a total of 12 groundwater sampling events to be completed within 5 years. This schedule assumed that groundwater concentrations at the site would attenuate and reach cleanup levels within that time frame. Since cleanup levels have not been met, the monitoring schedule is to be extended an additional 5 years. A total of nine sampling events have been conducted to date, leaving a surplus of three events under the existing budget. It is projected that a total of eight rounds of groundwater samples will be collected under Amendment No. 3. The budget request for this amendment reflects an additional five sampling events and an update to the site’s LTM plan (if requested by Ecology). The table below presents a summary of the Amendment No. 3 budget request. Budget Budget Remaining Amendment No.03 PhaseCost Moving Forward (as of 09/30/17) Budget Request 01 Project Management $14,817.96 -$1,657.02 $16,474.98 02 Work Plans $2,522.85 $2086.51 $436.84 03 LTM Activities $95,327.86 $64,824.99 $30,502.87 04 Five Year LTM Report $8,471.14 $6,128.05 $2,343.09 Allocated Expenses $4,870.01 $1,934.66 $2,935.35 Total $126,009.82 $73,317.19 $52,693.13 Task 1 –Project Management and Administration Goal To provide for continued overview and direction of task activities in a manner that allows for the delivery of the project in accordance with the scope, schedule, and budget. City of Bremerton233-1896-107 Former Chevron Property Remediation Amendment No. 3 1 October 2017 SCOPE OF WORK (continued) Approach Specific work elements will include: A combination of in-house reviews and monthly progress reports to deliver elements of work described in this Scope of Work. Weekly calls or meetings with the City’s project manager to update progress. Subcontractor management. Deliverables Parametrix anticipates the following work products for this task: routine correspondence, schedule and budget updates, and status reports on progress of work. Assumptions The task budget is based on the following assumptions: Project management and administration tasks will be performed through the project period, which will end on October 31, 2022. Monthly project update calls will be attended by the project manager. Task 2 –Work Plans Goal Prepare an update to the LTM plan to reflect the new schedule of work (if requested by Ecology). Approach The following activities will be performed: Update to the LTM Sampling and Analysis Plan to reflect the program changes. Deliverables Draft and Final work plan updates will be the deliverables under this task. Assumptions The task budget is based on the following assumptions: Draft work plans will be submitted electronically in PDF format. Two hardcopies of final plans will be submitted to Ecology and one hardcopy will be submitted to the City. Final hardcopy submittals will include a CD with electronic copies in PDF format. City of Bremerton233-1896-107 Former Chevron Property Remediation Amendment No. 3 2 October 2017 SCOPE OF WORK (continued) Task 3 –LTM Field Work and Reporting Goal To continue annual groundwater sampling at the site for 4 years followed by four quarterly sampling events conducted in year 5. Approach The following activities will be performed: One round of groundwater samples will be collected per year for 4 years (from ten monitoring wells). Following the initial 4-year monitoring period, 1 year of quarterly groundwater samples (four field events) will be collected from the same ten wells. Following each LTM sampling effort, the results will be presented in a technical memorandum with supporting tables and figures as appropriate. Deliverables Technical memoranda will be submitted following each monitoring event. Assumptions The task budget is based on the following assumptions: Each sampling event can be accomplished by one field staff in three 10-hour days. Purge water from the wells will continue to be disposed of at the City’s wastewater treatment plant. The LTM sampling results memoranda will be prepared within 6 weeks of completion of each groundwater monitoring event for City review and submittal to Ecology. The draft results memoranda will be submitted electronically in PDF format to the City for review. Two hardcopies of the final documents will be submitted to Ecology and one hardcopy will be submitted to the City. Final hardcopy submittals will include a CD with an electronic copy of the final documents in PDF format. TASK 4 –5-YearSummary Monitoring Report Goal To compile and report the results of the groundwater monitoring program at the site. The ultimate goal of the monitoring program is to demonstrate that cleanup levels have been met at the site. Since the monitoring program is extending beyond 5 years, the report will be titled “Summary Monitoring Report”. Approach The following activities will be performed: Preparation of a summary report describing the results of the LTM program, including supporting figures and tables and any proposed changes to the monitoring program. City of Bremerton233-1896-107 Former Chevron Property Remediation Amendment No. 3 3 October 2017 SCOPE OF WORK (continued) Deliverables Draft and final summary monitoring reports will be submitted under this task. Assumptions The task budget is based on the following assumptions: One face-to-face 4-hour meeting will be held with Ecology and/or the City to discuss and finalize the summary monitoring report. A single round of comments each from the City and Ecology will be required to finalize the report. Draft and final reports will be submitted electronically in PDF format. Two hardcopies of the final documents will be submitted to Ecology and one hardcopy will be submitted to the City. Final hardcopy submittals will include a CD with an electronic copy of the final documents in PDF format. City of Bremerton233-1896-107 Former Chevron Property Remediation Amendment No. 3 4 October 2017 EXHIBIT B SCHEDULE Schedule Work Element Completed By Notice to Proceed October 31, 2017 Draft Work PlanUpdate January 1, 2018 Final Work Plan Update March 1, 2018 10th Groundwater Sampling Event (annual) July 2018 11th Groundwater Sampling Event (annual) July 2019 12th Groundwater Sampling Event (annual) July 2020 13th Groundwater Sampling Event (annual) July 2021 14th Groundwater Sampling Event (quarterly) October 2021 15th Groundwater Sampling Event (quarterly) January 2022 16th Groundwater Sampling Event (quarterly) April 2022 17th Groundwater Sampling Event July 2022 Draft Summary Monitoring Report August 2022 Final Summary Monitoring Report September 2022 Project Close Out December 30, 2022 City of Bremerton233-1896-107 Former Chevron Property Remediation Amendment No. 3 1 October 2017 AGENDA BILL CITY OF BREMERTON CITY COUNCIL A8 SUBJECT: Professional Services Study Session Date: November 8, 2017 Agreement with IMS Infrastructure COUNCIL MEETING Date: November 15, 2017 Management Services, LLC for Pavement Department: Public Works & Utilities Management Program and Sidewalk and Presenter: Tom Knuckey Condition Assessment Phone: (360) 473-2376 SUMMARY: Staff advertised a Request for Statement of Qualifications to assess the condition of the collected from these assessments will be used to inform and assist in the prioritization of capital improvements for residential, collector and arterial streets. This data is necessary to quantify identified in Exhibit A, the work will be authorized in phases, with 2017 authorization for the sidewalk assessment (maximum expenditure of $60,000), and the pavement assessment (balance contract) authorized in 2018. ATTACHMENTS: 1) Professional Services Agreement 2) Exhibit A, B and C FISCAL IMPACTS (Include Budgeted Amount): The work will be authorized in phases. The Sidewalk Assessment will be authorized in 2017 at $60,000, and the Pavement Assessment will be authorized in 2018. This work is included in the 2017 budget, and the proposed 2018 budget. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with IMS Infrastructure Management Services not to exceed $120,995.00 for the Pavement Management Program and Sidewalk Condition Assessment;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 PROFESSIONAL SERVICES AGREEMENT Pavement Management Program and Sidewalk Condition Assessment IMS Infrastructure Management Services, LLC professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated October 27, 2017, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $120,995.00. bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment Rev 02-16 Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the , unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment Rev 02-16 Page 2 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. ims- The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment Rev 02-16 Page 3 of 7 operations, liabilities and obligations to which coverage applies. It shall be an affirmative -5161, or by th certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Tempe, Arizona. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment Rev 02-16 Page 4 of 7 C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Tempe, Arizona. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address th 345 6 Street, Suite 600 1820 W. Drake Drive, Suite 104 Bremerton, WA 98337 Tempe, AZ 85283 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment Rev 02-16 Page 5 of 7 L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. In the event of litigation to enforce any of the terms or O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating P-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment Rev 02-16 Page 6 of 7 B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT By: By: its: its: Date:____________________ Date:____________________ Approved as to form: Attest: ______________________ ________________________ Bremerton City Attorney City Clerk R:\\Legal\\Legal\\Contracts\\FORMS\\Professional Services Agreement Form (2016).doc Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment Rev 02-16 Page 7 of 7 Quotation for IMS Infrastructure Management Services 1820 W. Drake Dr. Ste. 104. Tempe, AZ 85283 Professional Services Phone: (480) 839-4347 Fax: (480) 839-4348 www.ims-rst.com To:John Butler, P.E., Civil EngineerDate:October 30, 2017 From:Jim Tourek, Manager of Client ServicesProject:Bremerton, WA Subject:2018 Pavement&Sidewalk Data CollectionProject No:TBD Exhibit A –Scope of Work Thankyoufor selecting IMS for your network wide pavement and sidewalkdata collection assignment. IMS is proposing to utilize our Sidewalk Surface Tester (SST) survey for city sidewalks to include State Highways. In addition to the acquisition of sidewalkcondition data, IMS will perform a Laser Road Surface Tester for the acquisition of pavement condition data. The RST will traverse approximately 190 miles of roadway as the arterials & collectors will be driven in two directions and all of the locals in one (no State Highways). We will include a comprehensive pavement analysis and assemble the results of the survey in a bound final reportcomplete with maps.The sidewalk results will be delivered in a database suitable for GIS loading. IMS understands the City may authorize field work for the sidewalk survey separately from the remaining scope of work, Tasks 1, 3, 3a, 3b plus $4,500 of P.M.for a total of $59,850. Exhibit B–Schedule ofWork IMS Proposed Schedule: NovemberDecemberJanuaryFebruaryMarchApril Task Activity 6132027411182518152229512192651219262916930 Project Initiation Project Award, P.O. & NTP NOMAD Prep of Sidewalks Network Referencing/Streets Project Kick Off Field Surveys scheduled upon receipt of NTP SST Mobilization & Calibration Sidewalk Field Data Collection RST Mobilization & Calibration Pavement Field Data Collection Data Management Data QA/QC, Processing, & Format Client Update/Review Data Format & Loading Draft/Final Pavement Analysis & Report IMS Infrastructure Management Services IMS Scoping Rev1 Quote -Bremerton (2017-18)page 1 Quotation for IMS Infrastructure Management Services 1820 W. Drake Dr. Ste. 104. Tempe, AZ 85283 Professional Services Phone: (480) 839-4347 Fax: (480) 839-4348 www.ims-rst.com Exhibit C–FeeSchedule Bremerton, WA: 2017-18 Base Scope of Services TaskActivityQuantUnitsUnit RateTotal Project Initiation 1Project Initiation & Kickoff Meeting1LS$3,000.00$3,000.00 2Streets Network Referencing & GIS Linkage (No State Routes)190T-Mi$20.00$3,800.00 Field Surveys 3Sidewalk-Surface Tester (SST) Mobilization for Sidewalks & Ramps Presence1LS$3,000.00$3,000.00 210T-Mi$215.00$45,150.00 a. SST Network Sidewalk Survey w/Ramp Presence & NOMAD (w/State Routes) 210T-Mi$20.00$4,200.00 b. Collection of Sidewalk Digital Images @ 10-15' Intervals (Per View) 4RST Mobilization/Calibration1LS$3,000.00$3,000.00 5190T-Mi$105.00$19,950.00 RST Field Data Collection (2-pass test Arterials & Collectors; no State Rte.) Data Management 6Data QA/QC, Processing, & Formatting190T-Mi$25.00$4,750.00 7Data Format/ Supply Excel Spreadsheet, KML, geodatabase (no software)Included in Base Activities a. "Live" Spreadsheet Pavement Cost Benefit AnalysisIncluded in Base Activities b. Online "Live" Spreadsheet TrainingIncluded in Base Activities c. Log Presence of Sidewalks/Curbs & ADA Ramps (Estimates)Included in Base Activities 8Sidewalk & ADA Ramps Databases Development210T-Mi$65.00$13,650.00 9Easy Street Analysis, Budget Development & Report1LS$7,500.00$7,500.00 10Project Management1LS$7,995.00$7,995.00 11"Live" Spreadsheet - Annual Maintenance Fee1LS$0.00$0.00 12Directed Services, at City's Discretion with City Authorization1LS$5,000.00$5,000.00 Project Total:$120,995.00 I have included optional services available from IMS on the following page. Thank you for considering IMS as a viable solution to your pavement management needs and we will strive to become an asset and extension of Bremerton’s staff and team. Optional Services TaskActivityQuantUnitsUnit RateTotal 13Collection of Digital Images @ 25' Intervals (Per View; Center-Front shown)190T-Mi$16.00$3,040.00 14Dynaflect Mobilization1LS$2,500.00$2,500.00 a. Deflection Testing: 2-pass Arterials & Collectors only94T-Mi$160.00$15,040.00 b. Traffic Control/Deflection Testing (City to provide; IMS Est. 48 Hrs.)48HR$116.00$5,568.00 15ROW Assets: HD Video Collection & Calibration (3-Views)190T-Mi$20.00$3,800.00 a. Sign & Support Database Development190T-Mi$100.00$19,000.00 b. Pavement Striping/Marking Database Development190T-Mi$60.00$11,400.00 c. Curb & Gutter Database Development190T-Mi$50.00$9,500.00 16Collection of GPS, Crossfall, Radius of Curvature, & Grade190T-Mi$15.00$2,850.00 17GPR Testing & Analysis: 2-pass Arterials & Collectors only94T-Mi$580.00$54,520.00 18IMSvue Browser Based Viewing Software:City hosted1LS$7,000.00$7,000.00 19Principles of Pavement Management Training (on site)1DA$4,000.00$4,000.00 20Final Council Presentation1LS$3,500.00$3,500.00 21Nighttime Retro-reflectivity - All Signs (Must Select 12 & 12a) "39k Signs"190T-Mi$194.00$36,860.00 22GIS Clean Up Services24HR$175.00$4,200.00 23Additional or Specialty Maps for Reporting (beyond typical 2 sets of 7)1EA$150.00$150.00 24Additional Onsite Meetings1EA$3,500.00$3,500.00 25Additional Hard Copies of the Report (Requested 3 Included)1EA$175.00$175.00 26Functional Class Review190T-MI$12.00$2,280.00 Jim Tourek West Region Client Services Manager IMS Infrastructure Management Services, LLC IMS Infrastructure Management Services IMS Scoping Rev1 Quote -Bremerton (2017-18)page 2 AGENDA BILL CITY OF BREMERTON A9 CITY COUNCIL SUBJECT: Professional Services Study Session Date: November 8, 2017 Agreement with IDAX Data Solutions for COUNCIL MEETING Date: November 15, 2017 Intersection Turning Movement Counts and Department: Public Works & Utilities Travel Time Data Collection Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: This Professional Services Agreement provides for turning movement count data at 45 intersections throughout the City and travel time data collection for 8 corridors. The data will quantify the peak 6-hours (morning and afternoon) and include bicycle, pedestrian, heavy truck and vehicle counts. The data will inform current and future intersection level of service, quantify corridor travel times, and help staff evaluate current signal timing adjustments. The data will also be used to develop a corridor traffic circulation model along with revised signal timing plans for the major corridors in the future. ATTACHMENTS: 1) Professional Services Agreement 2) Bremerton TMC and Travel Time Summary FISCAL IMPACTS (Include Budgeted Amount): The funding is included in the 2017 street operating budget. Amount not to exceed $35,000. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with IDAX Data Solutions in the amount not- to-exceed $35,000; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 PROFESSIONAL SERVICES AGREEMENT Intersection Turning Movement Counts and Travel Time Data Collection IDAX Data Solutionsreferred I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated 10/20/17, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed by December 31, 2018; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed ___$35,000___ bills shall conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit A. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit A. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Idax Data Solutions Intersection Turning Movement Counts and Travel Time Data Collection Rev 02-16 Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the , unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY Bremerton/Idax Data Solutions Intersection Turning Movement Counts and Travel Time Data Collection Rev 02-16 Page 2 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. - The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any Bremerton/Idax Data Solutions Intersection Turning Movement Counts and Travel Time Data Collection Rev 02-16 Page 3 of 7 operations, liabilities and obligations to which coverage applies. It shall be an affirmative -5161, or by th certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Kirkland, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Bremerton/Idax Data Solutions Intersection Turning Movement Counts and Travel Time Data Collection Rev 02-16 Page 4 of 7 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Kirkland, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address th ______________________ _9805 NE 116 Street #7148_ ______________________ __Kirkland, WA 98034_____ ______________________ _____________________ J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/Idax Data Solutions Intersection Turning Movement Counts and Travel Time Data Collection Rev 02-16 Page 5 of 7 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. In the event of litigation to enforce any of the terms or O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of th-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Bremerton/Idax Data Solutions Intersection Turning Movement Counts and Travel Time Data Collection Rev 02-16 Page 6 of 7 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT By: By: its: its: Date:____________________ Date:____________________ Approved as to form: Attest: ______________________ ________________________ Bremerton City Attorney City Clerk R:\\Legal\\Legal\\Contracts\\FORMS\\Professional Services Agreement Form (2016).doc Bremerton/Idax Data Solutions Intersection Turning Movement Counts and Travel Time Data Collection Rev 02-16 Page 7 of 7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL A10 SUBJECT: Ordinance No. ______ Study Session Date: November 8, 2017 amending Ordinance Nos. 4875, 5226, and COUNCIL MEETING Date: November 15, 2017 5287 to extend the Puget Sound Energy Department: Public Works & Utilities Franchise Agreement Presenter: Thomas Knuckey Phone: (360) 473-2376 SUMMARY: The current franchise agreement with Puget Sound Energy is set to expire November 30, 2017. This ordinance would extend the term of the current franchise agreement to November 30, 2018. ATTACHMENTS: 1) Ordinance No. ______ 2) Ordinance No. 4875 3) Ordinance No. 5226 4) Ordinance No. 5287 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ______ amending Ordinance No. 4875, Ordinance No. 5226, and Ordinance No. 5287 to extend the term of the franchise granted to Puget Sound Energy to November 30, 2018. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 ORDINANCE NO. ______ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 4875, Ordinance No. 5226, and Ordinance No. 5287 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 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 attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, on November 6, 2013, the City Council passed Ordinance No. 5226 extending the term of the franchise two (2) years to November 30, 2015, and to make corrections to certain references in the franchise, said ordinance attached hereto as Exhibit B and incorporated herein by reference; and WHEREAS, on November 18, 2015, the City Council passed Ordinance No. 5287 extending the term of the franchise two (2) years to November 30, 2017, and to make corrections to certain references in the franchise, said ordinance attached hereto as Exhibit C and incorporated herein by reference; and WHEREAS, the City Council and PSE desire to extend the term of the franchise for an additional one (1) year to November 30, 2018; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendments to Franchise Ordinance. Ordinance No. 4875 granting PSE a franchise for purposes of transmission, distribution and sale of electricity, Ordinance No. 5226, and Ordinance No. 5287 are hereby amended as follows: 1. Franchise Term Extended. The term of the franchise as set forth in Section 9.1 of Ordinance No. 4875 and Section 1 of Ordinance Nos. 5226 and 5287 is extended to November 30, 2018. With the exception of the amendments set forth in this ordinance, all terms and conditions of Ordinance No. 4875, Ordinance No. 5226, and Ordinance No. 5287 are reaffirmed and shall remain in full force and effect. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the 1 Puget Sound Energy Franchise Extension 2017 validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the ___________ day of ___________________________, 2017. ERIC YOUNGER, Council President Approved this ___________ day of ___________________________, 2017. PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2017. EFFECTIVE the ________ day of ______________________, 2017. ORDINANCE NO. ____________ PSE Acceptance on following page 2 Puget Sound Energy Franchise Extension 2017 CITY OF BREMERTON 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, Ordinance No. 5226, and over, under, along, across and : Ordinance No. 5287) through the franchise area of the : City of Bremerton, Washington : ACCEPTANCE 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 (2) years, from December 4, 2013 to November 30, 2015; and WHEREAS, on November 18, 2015, the City Council of the City of Bremerton, passed Ordinance No. 5287 to extend the term of the existing franchise to Puget Sound Energy, Inc. two (2) years, from November 30, 2015 to November 30, 2017; and WHEREAS, on _________________, 2017, the City Council of the City of Bremerton, passed Ordinance No. ______ to extend the term of the existing franchise to Puget Sound Energy, Inc. one (1) year, from November 30, 2017 to November 30, 2018; and WHEREAS, a copy of said Ordinance No. ______ was received by the Puget Sound Energy, Inc. from the City of Bremerton on ________________________, 2017. 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 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 ______________________, 2017. \[SIGNATURES ON NEXT PAGE\] 3 Puget Sound Energy Franchise Extension 2017 PUGET SOUND ENERGY, INC. ATTEST: By: ________________________________ By: ________________________________ Its: _________________________________ Its: ________________________________ Copy received for City of Bremerton on , 2017 By: Shannon Corin, City Clerk R:\\Legal\\Legal\\Ordinances\\PSE Franchise Extension 2017.docx 4 Puget Sound Energy Franchise Extension 2017 AGENDA BILL CITY OF BREMERTON CITY COUNCIL A11 SUBJECT: Reimbursement Agreement with Study Session Date: November 8, 2017 Avamere Health Services for Combined COUNCIL MEETING Date: November 15, 2017 Sewer Upsize Department: Public Works & Utilities Presenter: Tom Knuckey Phone: (360) 473-2376 thth SUMMARY: The Avamere Memory Care Facility is located in West Bremerton between 9 and 11 Streets just east of Adele Avenue. During construction of the CSO Reduction program, several areas were left connected to the combined sewer system due to the high cost of separation. This is one such area. This new line conveys storm sewage through the new development to the combined system. The new line will be used as a component of a separated storm system should a project separate flows in the future. In order to construct new sewers with sufficient capacity to handle expected system flows, the City has partnered with the property owner to upsize their sewers as allowed per BMC 15.03.070. Under the agreement, the property owner constructed 24-inch diameter pipe and appurtenances instead of 12-inch pipe and appurtenances, with the City responsible to reimburse the difference in material cost only. ATTACHMENTS: 1) Reimbursement Agreement with Exhibits FISCAL IMPACTS (Include Budgeted Amount): The cost of the larger pipe and appurtenances was estimated at $46,151, and will be funded from the Wastewater Fund STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the Reimbursement Agreement with Avamere Health Services; and authorize the Mayor to finalize and execute the agreement, and accept an easement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL A12 SUBJECT: Interlocal Agreement with Study Session Date: November 8, 2017 the Washington State Department of COUNCIL MEETING Date: November 15, 2017 Transportation for the Kitsap Lake Department: Public Works & Utilities Elementary Safe Routes to Schools Project Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The City has been awarded a $1,754,348 Safe Routes to Schools grant to design and construct sidewalks along Harlow Drive from Carr Boulevard to Kitsap Way. The sidewalks are generally 10-ft wide along the west side of the roadway. The total project cost is $1,764,348; the The grant is in WSDOT standard form (Project Prospectus and Local Agency Agreement or LAA) with their standard terms and conditions. The LAA for design is attached; the LAA for construction will be received upon WSDOT approval of the design. ATTACHMENTS: 1) Offer Letter 2) Site Map 3) Local Agency Agreement for Design FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2017 budget for design, and is proposed to be included in the 2018 budget for construction. The grant funds all but $10,000 of the project cost. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Local Agency Agreements with the Washington State Department of Transportation for the Kitsap Lake Elementary Safe Routes to Schools Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 Local Agency Agreement Agency CFDA No. 20.205 (Catalog or Federal Domestic Assistance) Address Project No. Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Length Name Termini Description of Work Claiming Indirect Cost Rate Project Agreement End Date Yes No Proposed Advertisement Date Estimate of Funding (1)(2)(3) Type of Work Estimated Total Estimated Agency Estimated Federal Project FundsFundsFunds PE a. Agency % b.Other Federal Aid c.Other Participation d.State Ratio for PE e.Total PE Cost Estimate (a+b+c+d) Right of Way f. Agency % g.Other Federal Aid h.Other Participation i.State Ratio for RW j.Total R/W Cost Estimate (f+g+h+i) Construction k.Contract % l.Other m.Other Federal Aid n.Other Participation o. Agency Ratio for CN p.State q.Total CN Cost Estimate (k+l+m+n+o+p) r.Total Project Cost Estimate (e+j+q) ByBy TitleDirector, Local Programs DOT Form 140-039Page 1 Revised 05/2015 Method A - Advance Payment - Agency Share of total construction cost (based on contract award) $ at $ per month for months. Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of federal funds obligated, it accepts and will comply with the applicable provisions ,, Resolution/Ordinance No. Provisions The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the “Project Description” and “Type of Work.” When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and III.Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV.Availability of Records Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than Federal Government upon request. 1.Preliminary engineering. 2.Right of way acquisition. 3.Project construction. Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show federal aid funds and/or agreement closure. If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). funds paid to the Agency under the terms of this agreement (see Section IX). DOT Form 140-039Page 2 Revised 05/2015 The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI.Payment and Partial Reimbursement and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200.The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1.Project Construction Costs amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation either a payment from the Agency to the State or by a refund from the State to the Agency. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement.At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII.Audit of Federal Consultant Contracts Government. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. DOT Form 140-039Page 3 Revised 05/2015 work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they become ineligible for federal reimbursement. without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency XI.Indemnity all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII.Nondiscrimination Provision is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. (1)To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2)To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction (4)To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the (c)Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039Page 4 Revised 05/2015 XIII.Liquidated Damages theamount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV.Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in (1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise. the State with respect to the preservation of energy resources. (3)The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (5)The Secretary determines that such termination is in the best interests of the State. XV.Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which $100,000 for each such failure. XVII.Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, FederalTransit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Section 504 and the Americans with Disabilities Act (ADA). Additional Provisions DOT Form 140-039Page 5 Revised 05/2015 AGENDA BILL CITY OF BREMERTON A13 CITY COUNCIL SUBJECT: Interlocal Agreement with Study Session Date: 11/8/17 Mason County for Public Works Services to COUNCIL MEETING Date: 11/15/17 Design the Sanitary Sewer System Department: Public Works & Utilities Extension within the Belfair UGA and the Presenter: Chal Martin Puget Sound Industrial Center Bremerton Phone: (360) 473-5758 SUMMARY: This Interlocal Agreement provides the framework for the City and Mason County, in partnership, to design a sanitary sewer extension from the Belfair Water Reclamation Facility to serve PSIC-Bremerton. ATTACHMENTS: 1) Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): Budget includes $400,000 in 2018, $400,000 in 2019, and $200,000 in 2020 for this design effort. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve an Interlocal Agreement with Mason County for the design of a sewer system extension from the Belfair Reclamation Facility to serve PSIC-Bremerton; 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 INTERLOCAL AGREEMENT BETWEEN MASON COUNTY AND THE CITY OF BREMERTON RELATED TO ENGINEERING DESIGN OF SANITARY SEWER FACILITIES EXTENSION FROM THE BELFAIR WATER RECLAMATION FACILITY, FUTURE SANITARY SEWER SYSTEM DEVELOPMENT AND SANITARY SEWER SERVICE PROVISIONS WITHIN THE BELFAIR UGA AND PUGET SOUND INDUSTRIAL CENTER - BREMERTON ____________________ THIS INTERLOCAL AGREEMENT is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the ________ day of ________________________, 2017, by and between Mason County (the County), a political subdivision of the State of Washington, and the City of Bremerton (the City), a municipal corporation of the State of Washington (the Parties). WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative efforts between public agencies; and WHEREAS, Mason County owns and operates a water reclamation facility near Belfair, Washington, with capacity to treat sanitary sewage that may be generated from the Puget Sound Industrial Center Bremerton (PSIC-Bremerton); and WHEREAS, the City of Bremerton is interested in improving the availability of sanitary sewer service within PSIC-Bremerton; and WHERAS, Mason County is interested in providing sanitary sewer service within the Belfair UGA; and WHEREAS, opportunities may exist to utilize a portion of the upcoming Belfair Bypass highway construction project and right of way to locate new sanitary sewer transmission facilities which would serve PSIC-Bremerton and connect to the Belfair Water Reclamation Facility; and WHEREAS, available capacity at the Belfair Water Reclamation Facility, and the upcoming Belfair Bypass project appear to provide an opportunity to provide sanitary sewer service to PSIC-Bremerton with significant cost savings; and WHEREAS, this potential for cost savings has attracted funding expected from the State of Washington, through its Department of Commerce, of $515,000 for the purpose of designing the new sanitary sewer transmission facilities to serve PSIC-Bremerton; and Page 1 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design, PSIC-Bremerton WHEREAS, the City of Bremerton, through its Sewer Capital Budget, has committed an additional $400,000 in 2018, $400,000 in 2019, and $200,000 in 2020 to be invested into this design effort and other related planning efforts focused toward the goal of providing improved sewer service to PSIC-Bremerton; and WHEREAS, the City of Bremerton and Mason County wish to work cooperatively to provide improved sanitary sewer service to PSIC-Bremerton and within the Belfair UGA; NOW, THEREFORE, in consideration of their mutual covenants, conditions and promises, THE PARTIES AGREE as follows: 1. PURPOSE OF AGREEMENT: The purpose of this Agreement is for Mason County and the City of Bremerton to work cooperatively to design new sanitary sewer transmission facilities to serve the PSIC-Bremerton and the Belfair UGA. . The purpose of this Agreement also includes working cooperatively to design any improvements to the Belfair Water Reclamation Facility, if improvements are needed to serve the PSIC-Bremerton service area. 2. ADMINISTRATION OF AGREEMENT: The Mason County Public Works Department will administer this Agreement for the County. The Bremerton Public Works Department will administer this Agreement for the City. 3. LEAD ENTITY: The Mason County Public Works Department will be the administrative lead for the project design effort. The City will assign a project manager to work closely with the n- making process. 4. NO JOINT PROPERTY: No joint personal or real property will be acquired, held, or disposed of pursuant to this Agreement. 5. APPROVAL PROCESS: All key project policy decisions, design decisions, milestones, and budgets will be agreed upon by both the County and the City. The Public Works Departments of both the County and the City will ensure all appropriate administrative processes for each respective jurisdiction are adhered to. 6. RELATED TASKS: This Agreement envisions additional planning tasks related to funding and grant applications; system governance; future sewer service fee structures and revenue recipients; future maintenance agreements; and coordination among/between private property owners, state and local entities, and elected officials. 7. ADDITIONAL FUTURE AGREEMENTS: As the project moves through the design process and closer to construction, additional interlocal agreements will be necessary and will be developed at the appropriate time. Page 2 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design, PSIC-Bremerton 8. DURATION OF AGREEMENT: This Agreement shall take effect upon execution of this Agreement by both the County and the City and shall remain in effect until December 31, 2023. 9. TERMINATION OF AGREEMENT: Either the County or the City may terminate this Agreement by giving ten (10) days written notice to the other party. 10. COUNTY EMPLOYEES: County employees pursuant to this Agreement remain employees of the County at all times and shall perform the work envisioned under sole supervision of the County. 11. CITY EMPLOYEES: City employees pursuant to this Agreement remain employees of the City at all times and shall perform the work requested under sole supervision of the City. 12. REIMBURSEMENT: At the mutual agreement of the Parties, either party may reimburse the other for specifically defined services which constitute a work program or project. 13. LEGAL/ADMINISTRATIVE ENTITY: No separate legal or administrative entity is created by or pursuant to this Agreement. 14. INDEMNIFICATION: A. The City shall defend, indemnify and hold harmless the County, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable and suits arising from negligence of the City and its agents. B. The County shall defend, indemnify and hold harmless the City, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable and suits arising from negligence of the County and its agents. C. In cases of concurrent fault of the City and County, the above provisions requiring Indemnification P D. Solely for purposes of the indemnification provisions only, each party waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties. E. The Indemnification Provisions shall survive the expiration or termination of this Agreement. 15. COMPLIANCE WITH REGULATIONS AND LAWS: The Parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. Page 3 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design, PSIC-Bremerton 16. ASSIGNMENT: The Parties shall not assign this Agreement or any interest, obligation or duty herein without the express written consent of the other party. 17. ATTORNEYS' FEES: In the event of litigation to enforce any of the terms or provisions 18. NOTICES: All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To Mason County: To Bremerton: Public Works Department City of Bremerton 100 W Public Works Drive 345 6th Street, Suite 600 Shelton, WA 98584 Bremerton, WA 98337 Attn: Deputy Director/ Attn: City Clerk Utilities and Waste Management Phone: (360) 427-9670 Phone: (360) 473-5290 or to such other respective addresses as either party may hereafter designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 19. INSURANCE REQUIREMENT: Each party shall obtain and maintain liability coverage in minimum liability limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for general liability, errors and omissions, auto liability, despite when the claim was made. Each party to this Agreement agrees to provide the other with evidence of insurance coverage in the form of a certificate from a solvent insurance provider confirming coverage from a solvent insurance company or pool which is sufficient to address the insurance obligations set forth above. 20. NON-DISCRIMINATION POLICY: The County and the City agree not to discriminate in the performance of this Agreement because of race, color, national origin, sex, sexual orientation, age, religion, creed, marital status, disabled or Vietnam era veteran status, or the presence of any physical, mental sensory handicap, or other status protected by law. 21. FILING: This Agreement shall be filed with County Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on public web site. Page 4 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design, PSIC-Bremerton 22. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 23. CHOICE OF LAW AND VENUE: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Pierce County Superior Court. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. DATED this , day of , 2017. CITY OF BREMERTON BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON Patty Lent, Mayor Kevin Shutty, Chair Date Date ATTEST: ATTEST: Shannon Corin, City Clerk Melissa Drewry, Clerk of the Board Approved as to form: Approved as to form: Roger A. Lubovich, City Attorney Tim Whitehead, Ch. DPA Page 5 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design, PSIC-Bremerton STATE OF WASHINGTON ) ) ss. COUNTY OF ____________) ON THIS ________ day of ________________________________, 2017, before me, personally appeared __________________________ and __________________________, to me known to be the __________________ and _______________ of ________________________, being one of the municipal corporations that executed the within and foregoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and the seat of said municipal corporation is affixed hereon. WITNESS my hand and official seal hereto the day and year in this certificate first above written. Notary Public in and for the State of Washington, Residing at My commission expires STATE OF WASHINGTON ) ) ss. COUNTY OF ____________) ON THIS ________ day of ________________________________, 2017, before me, personally appeared __________________________ and __________________________, to me known to be the __________________ and _______________ of ________________________, being one of the municipal corporations that executed the within and foregoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and the seat of said municipal corporation is affixed hereon. WITNESS my hand and official seal hereto the day and year in this certificate first above written. Notary Public in and for the State of Washington, Residing at My commission expires Page 6 Interlocal Agreement Between Mason County and the City of Bremerton for Sanitary Sewer System Design, PSIC-Bremerton AGENDA BILL CITY OF BREMERTON A14 CITY COUNCIL SUBJECT: Ordinance No. _____ levying Study Session Date: November 8, 2017 Property Taxes for Collection in 2018 COUNCIL MEETING Date: November 15, 2017 Department: Financial Services Presenter: DeWayne Pitts Phone: 360-473-5296 SUMMARY: Cities over 10,000 in population are allowed to raise their annual property tax collection by either 1% or the amount of the July Implicit Price Deflator (IPD), whichever is lower. This year, the IPD was 1.553 %. As presented during the public hearing earlier this evening, the City is requesting the full 1% increase along with the amounts anticipated for new construction, has been included in the 2018 Proposed Budget. In addition, we are also requesting the full 1% increase to the EMS levy. The EMS amount anticipated in the 2018 Proposed Budget includes this amount. legislative authority, for the requires that the certification includes the enabling tax ordinance setting the property tax rate. These documents must be submitted to the county by November 30, 2017. ATTACHMENTS: Ordinance No. _____ establishing the amount to be collected in 2018 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. FISCAL IMPACTS (Include Budgeted Amount): The proposed 2018 budget anticipates passage of this ordinance. Budgeted revenue matches the levy amounts as the total collections in recent years closely approximate the actual amount collected. In the General Fund revenue from the general property tax levy is $7,365,000 and the EMS levy is $1,262,000. Revenue from voter approved levies are budgeted in Debt Service funds and include $859,288 for the 2010 Public Safety bond and $501,000 for the 2015 Public Safety bond. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _____ establishing the amount to be collected in 2018 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing the amount to be collected in 2018 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. WHEREAS, the City Council attests that the population of the City of Bremerton for 2018 is 40,630; and WHEREAS, the City Council has properly given notice of the public hearing held on November 15, 2017, to consider t budget; and WHEREAS, the C refunds and abatements levied was $7,206,473; and WHEREAS, year, including any refunds and abatements levied was $1,235,903; and WHEREAS, the City Council, after hearing and duly considering all relevant evidence and testimony presented, has determined that the City of Bremerton requires a regular levy and EMS levy in the maximum amounts allowable, which is a 1.0% increase to the highest lawful levy allowed by law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2018 tax year. The dollar amount of the increase over the actual levy from the previous year shall be $13,001 which is an effective percent increase of 0.18041% from the previous year levy. This increase is exclusive of additional revenue resulting from new construction, any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. SECTION 2. That an EMS levy is hereby authorized for the levy to be collected in the 2018 tax year. The dollar amount of the increase over the actual levy from the previous year shall be $2,261 which is an effective percent increase of 0.183% from the highest allowable levy. This increase is exclusive of additional revenue resulting from new construction, any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. This levy is further subject to the maximum allowable levy rate of $0.50 per $1,000 of assessed valuation. 1 2018 Property Tax SECTION 3. That a property tax levy for debt redemption of the 2010 Public Safety UTGO Refunding Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2018 at a rate sufficient to provide $859,288 needed to meet debt service obligations in 2018. SECTION 4. That a property tax levy for debt redemption of the 2015 Public Safety UTGO Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2018 at a rate sufficient to provide $501,000 needed to meet debt service obligations in 2018. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 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 the___________ day of ____________________, 2017 _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2017 _________________________________ PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2017 EFFECTIVE the _________day of ______________________, 2017 ORDINANCE NO. ____________ 2 2018 Property Tax AGENDA BILL CITY OF BREMERTON A15 CITY COUNCIL SUBJECT: Resolution No. Study Session Date: November 8, 2017 re-establishing and amending City Rates COUNCIL MEETING Date: November 15, 2017 and Fees for 2018 Department: All Presenter: DeWayne Pitts 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. 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): Impacts to revenue are dependent on the demand for services. The 2018 proposed budget does anticipate the approval of the resolution and related rate tables. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. _____ re-establishing and amending City Rates & Fees for 2018. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 RESOLUTION NO. _____ A RESOLUTION of the City Council of the City of Bremerton, Washington, reestablishing and amending rates and fees for services relating to Animal Control Fees, Bremerton Kitsap Development, Finance/City Clerk, Fire Department, Gold Mountain Golf Course, Ivy Green Cemetery, Kitsap Conference Center, Municipal Court, Parking, Parks and Recreation, Police Department, Public Record Fees, Public Works and Utilities Department, Tax & License, and Telecommunications. WHEREAS, the City Council, by this resolution, desires to reestablish and amend the rates and fees established in prior Resolution Nos. 3280 and 3292; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Rate Tables Reestablished and Amended. Rates and fees for services are established as follows: 1) The rates and fees established by Resolution No. 3280 and amended by Resolution No. 3292 are hereby reestablished and amended herein by this resolution in the rate tables A through K relating to Animal Control Fees, Bremerton Kitsap Access Television opment, Finance/City Clerk, Fire Department, Gold Mountain Golf Course, Ivy Green Cemetery, Kitsap Conference Center, Municipal Court, Parking, Parks and Recreation, Police Department, Public Record Fees, Public Works and Utilities Department, Tax & License, and Telecommunications, as set forth in Exhibit A, attached hereto and incorporated herein by reference. SECTION 2. Resolution Repealed. Resolution Nos. 3280 and 3292 are hereby repealed in their entirety. SECTION 3. Effective Date of Sections 1 and 2. The reestablishment and amendment of rate tables as set forth in Section 1 above and the repeal of Resolution No. 3280 and Resolution No. 3292 as set forth in Section 2 above shall be effective January 1, 2018. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 5. Effective Date. This resolution shall take effect and be in force on January 1, 2018. 1 2017 Rates and Fees PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2017. ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\\Legal\\Legal\\Resolutions\\Finance\\2018 Rates and Fees Tables\\2018 Resolution Establishing Rate Tables Final.doc 2 2017 Rates and Fees EXHIBIT A 2018 RATES & FEES City of Bremerton Resolution No. TABLE OF CONTENTS Rate Table Page ANIMAL CONTROL ........................................................................................... 1 BREMERTON KITSAP ACCESS TELEVISION (BKAT) ............................................. 2 DEPARTMENT OF COMMUNITY DEVELOPMENT .............................................. 4 FINANCE/CITY CLERK ........................................................................................ 13 FIRE DEPARTMENT ........................................................................................... 14 GOLD MOUNTAIN GOLF COURSE ..................................................................... 18 IVY GREEN CEMETERY ...................................................................................... 19 KITSAP CONFERENCE CENTER .......................................................................... 20 MUNICIPAL COURT .......................................................................................... 21 PARKING .......................................................................................................... 22 PARKS & RECREATION ...................................................................................... 23 POLICE DEPARTMENT ...................................................................................... 28 PUBIC RECORD FEES ......................................................................................... 29 PUBLIC WORKS & UTILITIES ............................................................................. 30 TAX & LICENSE ................................................................................................. 32 TELECOMMUNICATIONS .................................................................................. 33 TABLE A ANIMAL CONTROL FEES 1. Licenses for Dogs and Cats a) For Each Cat Spayed or Neutered (Upon Proof of Spaying or Neutering) Annual $7.50 Lifetime $25.00 b) For Each Dog Spayed or Neutered (Upon Proof of Spaying or Neutering) Annual $12.50 Lifetime $45.00 c) For Each Cat Not Spayed or Neutered $37.50 d) For Each Dog Not Spayed or Neutered $37.50 e) Senior Citizen Permanent Dog/Cat $12.50 f) Replacement Tag $ 1.00 g) Additional License Fee (for late renewal) $10.00 2. License for Chickens a) Annually up to five (5) chickens $12.50 b) Senior permanent for up to five (5) chickens $12.50 3. Impound and Redemption Fees - Domestic Animals a) Impound $45.00 b) Vaccination $45.00 c) Boarding (per day) $20.00 d) Medical care Case dependent e) Microchip $30.00 4. Impound and Redemption Fees - Livestock a) Impound $60.00 b) Boarding (per day) $40.00 c) Medical care Case dependent d) Special Transportation fee $120.00 2018 Rates & Fees 1 | Page TABLE B BREMERTON KITSAP ACCESS TELEVISION (BKAT) 1. PRE-PRODUCTION a) Equipment Consultation $100/ hour b) Program Development $100/hour c) Research $100/hour d) Location $100/hour e) Scripting $100/hour f) Graphics Development $100/hour 2. PRODUCTION* a) Set-up $100/hour b) Production $100/hour c) Breakdown $100/hour *minimum of 2 hours for any productions 3. POST PRODUCTION a) Edit $100/hour b) Voice Over $100/hour 4. TRAINING a) Studio - 3 hours of camera and director training max 4 people $100.00 b) Edit - 5 hours of Apple Final Cut $ 50.00 5. MISCELLANEOUS a) Equipment Installation $100/hour b) Equipment Troubleshooting and Repair $100/hour c) DVD Duplication (includes tax) $35.84 d) Studio-with all equipment (must be certified with crew training- min 2 hours) $25 /hour 6. MEMBERSHIP (ANNUAL) a) Individual Resident $25.00 b) Individual Non-Resident $50.00 c) Organization Resident $75.00 d) Organization Non-Resident $150.00 7. RENTAL RATE a) Field Equipment Tripod ($300 Deposit) $25.00/Day Light Kit ($300 Deposit) $100.00/Day Lavalier Microphone ea. ($300.00 Deposit) $20.00/Day Video Monitor ($300.00 Deposit) $35.00/Day Camera ($300.00 Deposit) $150.00/Day 2 | Page Resolution No. b) Studio Equipment Studio ($1,000.00 Deposit) $50.00/Hour Lights $25.00 Control Room $50.00 Wireless mics (4) $25.00 Teleprompter $25.00 Misc (Tables, chairs, easels, table cloths) $10.00 ea 8. PUBLIC SERVICE ANNOUNCEMENT WITH VOICE OVER A public service announcement with voice over is an option as part of the Special Event Permit through the City. The public service announcement will air on BKAT for a minimum of two weeks. Proof of Special Events Permit also required. $50.00 9. PUBLIC SERVICE ANNOUNCEMENT WITH VOICE OVER A public service announcement with voice over is available without a Special Event Permit as a way to reach the public. The public service announcement will air on BKAT for a minimum of two weeks. $100.00 2018 Rates & Fees 3 | Page TABLE C DEPARTMENT OF COMMUNITY DEVELOPMENT 1. CODE ENFORCEMENT a) ABATEMENTS Dangerous Building $900 + Direct Service and Supply Cost Garbage & Weed $640 + Direct Service and Supply Cost b) ABANDONED PROPERTY FINES & PENALTIES Failure to Register $1,000 + $100 per day Failure to Inspect, Maintain, and/or Secure $1,000 + $100 per day c) APPEAL (to Hearing Examiner) $350 d) 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 2. PLANNING a) SUBDIVISIONS Preliminary Short $1000 + $150/lot Preliminary Formal Plat/Binding Site Plan $2500 (base) + per lot 1-100 lots $150/lot 101-200 lots $100/lot 201 + lots $75/lot Final Short $630 + $40/lot Final Formal Plat/Binding Site Plan $945 + 40/lot Minor Amendment $630 (no lot fee) Extension $630 (no lot fee) b) SHORELINE MASTER PROGRAM Substantial Development Permit $1300 Conditional Use Permit Type II $850 Conditional Use Permit Type III $1750 Shoreline Variance $1750 Permit Revision $325 Shoreline Exemption $100 c) STATE ENVIRONMENTAL POLICY ACT (SEPA) Checklist $320 Environmental Impact Statement Review/Adoption $650 + additional cost of expertise 4 | Page Resolution No. d) PRE-APPLICATION CONFERENCE $100 e) 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 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 $175 f) COMPREHENSIVE PLAN Text or Map Amendment $1500 Combined Text and Map Amendment $2500 g) MULTIFAMILY TAX EXEMPTION Application $1500 h) DESIGN REVIEW BOARD Conceptual Design Conference $500 Design Response Conference $500 i) CRITICAL AREA REVIEW Hourly Rate (Dangerous trees, tree removal in sloped area, etc.) j) FORESTRY Hourly Rate Conversion Harvest Option Plan 3. MISCELLANEOUS FEES 2018 Rates & Fees 5 | Page a) Hourly Rate $73.00 b) Technology Surcharge on Permits 5% of Permit Fee (Permit Surcharge Levied on Fees Noted with *) c) Third-Party Technical Review and Verification Actual Cost (Geotechnical Evaluation, Habitat Review, Structural Engineering Review, Etc.) 4. SITE DEVELOPMENT a) SITE PLAN REVIEW Commercial / Non-Residential / Multifamily Type II $1,000 b) SITE DEVELOPMENT PERMIT* $1,000 c) GRADING PERMIT AND PLAN REVIEW FEES* Refer to Exhibit 4 5. BUILDING a) CERTIFICATE OF OCCUPANCY $73.00 b) BUILDING PERMIT FEES* Refer to Exhibit 1 c) BUILDING PLAN REVIEW FEE 65% of the building permit fee as set forth in Exhibit 1 d) 50% of Plan Review Fee Pursuant to DCD policy e) BUILDING PERMIT FEE FOR REROOF* $100 f) MECHANICAL PERMIT FEES* Residential Refer to Exhibit 2 Commercial / Non-Residential / Multifamily Valuation and Refer to Exhibit 1 g) PLUMBING PERMIT FEES* Residential Refer to Exhibit 3 Commercial / Non-Residential / Multifamily Valuation and Refer to Exhibit 1 h) Stop Work Fee 100% of permit fee 6 | Page Resolution No. EXHIBIT 1 BUILDING AND OTHER PERMIT FEES 1 TOTAL VALUATION FEE $1.00 TO $500.00 $35.00 $501.00 TO $2,000.00 $35.00 for the first $500.00 plus $3.00 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $40,000 $80.00 for the first $2,000.00 plus $11.00 for each additional $1,000.00, or fraction thereof, to and including $40,000 $40,001.00 to $100,000.00 $498.00 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 $1,038.00 for the first $100,000.00 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 $3,838.00for 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 $6,338.00 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 $18,338.00 for the first $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) 2 5. For use of outside consultants for plan checking and Actual Costs inspections, or both 6. Manufactured Home Setup Fee Foundation Bid Price valuation used in Exhibit 1 7. Moved Building Permit Fee (not including other $100.00 required permits) 8. Demolition permit Fee: 3 cents per square foot, with a $100.00 minimum charge of 9. Energy Code Plan Review Surcharge for New Single $50.00 Family Residences 1 Valuation includes fair market value of labor and materials. 2 Actual costs include administrative and overhead costs. 2018 Rates & Fees 7 | Page 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 $7.25 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 (29.3 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 8 | Page Resolution No. 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 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 $7.25 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 2018 Rates & Fees 9 | Page 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 1 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 1 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 10 | Page Resolution No. EXHIBIT 4 GRADING PLAN REVIEW FEES 3 50 cubic yards (38.2 m) or less No fee 33 51 to 100 cubic yards (40 m to 76.5 m) $23.50 33 101 to 1,000 cubic yards (77.2 m to 764.6 m) $37.00 33 1,001 to 10,000 cubic yards (765.3 m to 7645.5 m) $49.25 33 10,001 100,000 cubic yards (7646.3 m to 76,455 m) $49.25 for the first 10,000 cubic yards 3 (7645.5 m), plus $24.50 for each additional 10,000 cubic yards (7645.5 3 m) or fraction thereof 33 100,001 to 200,000 cubic yards (76,456 m to 152,911 m) $269.75 for the first 100,000 cubic yards 3 (76,455 m), plus $13.25 for each additional 10,000 cubic yards (7645.5 3 m) or fraction thereof 3 200,001 cubic yards (152,912 m) or more $402.25 for the first 200,000 cubic yards 3 (152,911 m), plus $7.25 for each additional 10,000 cubic yards (7645.5 3 m) 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 1 GRADING PERMIT FEES 3 50 cubic yards (38.2 m) or less $23.50 33 51 to 100 cubic yards (40 m to 76.5 m) $37.00 333 101 to 1,000 cubic yards (77.2 m to 764.6 m) $37.00 for the first 100 cubic yards (76.5 m) plus $17.50 for each additional 100 cubic 3 yards (76.5 m) or fraction thereof 33 1,001 to 10,000 cubic yards (765.3 m to 7645.5 m) $194.50 for the first 1,000 cubic yards 3 (764.6 m), plus $14.50 for each additional 3 1,000 cubic yards (764.6 m) or fraction thereof 3 10,001 to 100,000 cubic yards (7646.3 m to 76,455 $325.00 for the first 10,000 cubic yards 33 m) (7645.5 m), plus $66.00 for each 3 additional 10,000 cubic yards (7645.5 m) or fraction thereof 3 100,001 cubic yards (76,456 m) or more $919.00 for the first 100,000 cubic yards 3 (76,455 m), plus $36.50 for each 3 additional 10,000 cubic yards (7645.5 m) 2018 Rates & Fees 11 | Page or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business Hourly rate per Rate Table C Miscellaneous hours (minimum charge two hours) Fees 2. Re-inspection fees assessed under provisions of this chapter shall be as follows (per Hourly rate per Rate Table C Miscellaneous inspection): Fees 3. Inspections for which no fee is specifically Hourly rate per Rate Table C Miscellaneous indicated (minimum charge one-half hour) Fees 1 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. 12 | Page Resolution No. TABLE D FINANCIAL SERVICES FINANCE/CITY CLERK 1. CHECK HANDLING FEE $40.00 2. NOTARY SERVICES a) Witnessing or attesting a signature $10.00 b) Taking acknowledgement or verification upon oath or affirmation $10.00 c) Certifying or attesting a copy $10.00 d) Receiving or noting a protest of a negotiable instrument $10.00 e) Being present at demand, tender, or deposit, and noting the same $10.00 f) Administering an oath or affirmation $10.00 g) Certifying that an event has occurred or an act as been performed $10.00 3. PASSPORT ACCEPTANCE FEE U.S. Department of State Fee Chart 2018 Rates & Fees 13 | Page TABLE E FIRE DEPARTMENT 1. REGULATORY LICENSE FEES a) BMC 9.48 Fireworks Stands / Displays $100/stand/yr b) BMC 9.48.020(9) Cash Bond Fireworks Stand Clean-Up (refundable) $50/stand/yr Citywide Fireworks Clean-up Fee (non-refundable) $50/stand/yr c) BMC 18.06 Ambulance Services $6075.00/veh Ambulance Inspections $6075.00/veh 2. AMBULANCE TRANSPORT FEE a) ALS Residents1 $700.00791.00 b) ALS 2 $750.00884.00 c) ALS Non-Residents $750.00 d)c) BLS ResidentsE $500.00620.00 e) BLS Non-Residents $550.00 d) Mileage $14.0016.80/mile e) Itemized EMS Fees (one charge per transport) ECG $70.00 IV/10 $50.00 O2 $50.00 SPO2 $15.00 CSPINE $40.00 End Tidal CO2 $30.00 f) C-PAP $175.00 3. EMS SERVICE CALL TO ASSISTED LIVING, LONG TERM CARE AND ADULT CARE FACILITIES $100 After first response per quarter 4. RE-INSPECTION FEE $56.0073.00 5. HAZARD MATERIALS RESPONSE a) Rice Hull Ash Actual Cost per Bag b) Absorbent Pads Actual Cost per Bag 6. STAND-BY-TIME a) Per crew of 3 $98/hour b) Fire Engine Crew of 4 $115/hour 7. ACTIVE FIREFIGHTING 1 a) Fire Engine Washington Fire Chiefs Published Rate 1 b) Aerial Ladder Washington Fire Chiefs Published Rate 14 | Page Resolution No. 1 Washington Fire Chiefs Association Wage & Equipment Rates for the Washington State Fire Service 2 International Fire Code 2 8. SPRINKLER/FIRE ALARM PLANS IFC Rates 9. FIRE WATCH $50.0075.00/hour 10. AFTER HOURS INSPECTION Actual Cost$75.00/hr 2 hr Minimum 11. RUSH PLAN REVIEW Actual Cost$500.00 plus Standard Fees 12. OPERATIONAL PERMIT $100.00 13. OPERATIONAL PERMIT INSPECTIONS Actual Cost 13.14. FIRE SAFETY OFFICERS $75.00/hr 2 hr minimum 14.15. FALSE FIRE ALARM $200.00 16. FIRE PREVENTION FEES & PERMITS a) Above Ground/Below Ground Storage Tanks $330.00 b) Underground Tank Removal Removal & Decommissioning-Commercial $275.00 per site Removal - Residential $150.00 per site c) LPG Tank Installation 125 gallons or more $275.00 per tank Less than 125 gallons $125.00 per tank LPG Temporary Construction Site Tank $275.00 per tank LPG Outdoor Assembly Temporary Use 275.00 per tank d) PG & CNG in Assembly Occupancy - Single Event $150.00 e) Assembly Permit Annual $250.00 Outdoor Booth $250.00 Indoor Booth $250.00 Temporary Special Events $250.00 f) Tents, Canopies & Membrane Structures $250.00 g) Open Flame Assembly Permit $250.00 h) Indoor Proximate Pyrotechnics Permit $375.00 i) Fireworks Permit Outdoor $375.00 Manufacture, Storage, Transport $250.00 2018 Rates & Fees 15 | Page j) Hot Works $250.00 k) Roofing Operations $250.00 l) Marine Terminal $2500.00 m) Annual Marine Fueling $250.00 n) Spray Painting, Dipping, Powder Coating, Floor Surfacing $250.00 o) Mobile Fueling Company $250.00 Site $250.00 p) Annual Hazardous Materials Permit $250.00 q) Hazardous Materials Facilities Permit $850.00 r) Special Hazardous Materials - Single Event Permit $375.00 s) Fire Alarm See Item 1 below t) Sprinklers See item 2 below u) Underground Fire Main $275.00 v) Standpipe $300.00 w) Fire Pump $550.00 x) Commercial Cooking Range Hoods Fire Protection $350.00 y) Pre-Engineered Systems $775.00 After the first 50 devices there will be an additional charge of $2.27 per device. z) Tenant Improvement - with 6 or fewer sprinkler heads $225.00 Existing system modification aa) TI with 7-20 Sprinkler Heads $450.00 Existing system modification bb) Temporary CO Inspection $225.00 First two hours cc) Smoke Control Acceptance Test $250.00 dd) Plan Change $500 per change ee) No Plans/Permit $500 ff) Technical Assistance Actual cost gg) Technical Resources Actual cost Item 1 - Fire Alarm Fees $226.80 for 50 devices or less $453.60 for 51-100 devices $680.40 for 101-200 devices $907.20 for 201-300 devices $1,134.00 for 301-400 devices $1,360.80 for 401-600 devices Systems greater than 600 devices the fee shall be @2.27 x the total number of devices. Devices include initiating and signaling appliances. Item 2 - Fire Sprinkler System Fees The fee shall be calculated based upon $700.00 per riser for the first two risers. 16 | Page Resolution No. 1. Plus $3.50 per head for over 20 sprinkler heads. 2. Plus $34.00 per riser/control valve for each additional riser if there are more than two. Exemptions 1. 13D systems not required by the Fire Code. 1.2. Tenant improvements modifying 20 or less heads shall be charged as indicated in the table above. 2018 Rates & Fees 17 | Page TABLE F GOLD MOUNTAIN GOLF COURSE 1. CASCADE COURSE (prices do not include sales tax) a) Friday 18 Holes $45.00 b) Weekday 18 Holes (Mon-Thurs) $40.00 c) Weekend/Holiday 18 Holes (Note: 1) $50.00 d) Weekday 9 Holes (Mon-Thurs) $28.00 e) Weekend/Holiday 9 Holes $30.00 f) Continuation Fee $25.00 g) Twilight Weekday (Mon-Thurs) $28.00 h) Twilight Weekend/Holiday $30.00 i) League Rate (Not Sat, Sun or Holiday) $23.00 j) Junior 18 Holes (Mon-Thurs) $17.00 k) Junior Twilight Weekend/Holiday $17.00 l) All Day Monday-Tuesday $85.00 l) 36 Hole Special (Mon-Thurs) $90.00 m) 36 Hole Special (Fri-Sun) $110.00 m) Senior Punch Card (Not Sat, Sun or Holiday) (Note: 2) $240.00$250.00 n) Regular 10 Round Punch Card $320.00 o) Junior 10 Round Punch Card $120.00 p) Low Income Sr. Punch Card (Not Sat, Sun or Holiday) (Note: 2 & 53) $120.00 q) Daily Private Cart $18.00 r) Shotgun Tournament (Not To Exceed 18 Hole Green Fee) $85.00 2. OLYMPIC COURSE (prices do not include sales tax) a) Friday 18 Holes $72.00 b) Weekday 18 Holes (Mon-Thurs) $60.00 c) Weekend/Holiday 18 Holes (Note: 1) $82.00 d) Weekday 9 Holes (Mon-Thurs) $35.00 e) Weekend/Holiday 9 Holes $45.00 f) Continuation Fee $35.00 g) Twilight Weekday (Mon-Thurs) $35.00 h) Twilight Weekend/Holiday $45.00 i) League Rate (Not Sat, Sun or Holiday) $23.00 j) Junior 18 Holes (Mon-Thurs) $25.00 k) Junior Twilight Weekend/Holiday $25.00 l) All day Monday-Tuesday $85.00 l) 36 Hole Special (Mon-Thurs) $90.00 m) 36 Hole Special (Fri-Sun) $110.00 m)n) Shotgun Tournament (Not To Exceed 18 Hole Green Fee) $100.00120.00 n)o) Olympic Punch card plus $30.00 o)p) Annual Pass Single $2,200.00 p)q) Annual Pass Couple $3,400.00 q)r) Annual Pass Family $3,400.00 18 | Page Resolution No. r)s) Annual Pass Junior (Mon-Thurs) (Note: 3) $500.00 1. Saturday, Sunday or Holiday (May-September Not to Exceed Rate) 2. May be used for twilight any day of the week including holidays. 3. Friday-Sunday and Holidays depending on availability. 4. June through September, juniors may only play after 3:00 p.m. on weekends and holidays. 5.3. Ages 62 & up with household income < $18,000. 6.4. A reduced rate, not less than the current twilight rate, may be offered with the approval of the Director of Parks & Recreation. TABLE G IVY GREEN CEMETERY (Non-Resident Fee = Listed Rate Plus 25%) 1. GRAVE SITES a) Adult $1,373.001,400.00 b) Infant (Not in Infant Sections) $1,373.001,400.00 c) Infant Section $344.00350.00 d) Veteran $800.00816.00 d)e) Perpetual Care (collected at time of site sale) 10% of site fee 2. LINERS (Subject to sales tax) a) Casket Liner $836.00853.00 b) Cremation Liner $206.00210.00 c) Infant Liner $344.00350.00 d) Oversized Liner $1,122.001,144.00 3. OPENING AND CLOSING a) Casket $800.00816.00 b) Cremation $287.00293.00 c) Infant $561.00572.00 d) Veteran $481.00490.00 4. DISINTERNMENT a) Adult $1,716.001,750.00 b) Infant $1,716.001,750.00 c) Urn $275.00280.00 d) Removal (only) $1,133.001,156.00 5. MARKER SETTING FEES a) Setting Fee $184.00188.00 6. GRAVE SIDE SERVICES a) Chairs & Awning $228.00250.00 7. MARKERS (Subject to sales tax) a) Markers Value based on size and type of marker 2018 Rates & Fees 19 | Page TABLE H KITSAP CONFERENCE CENTER All Rates are Minimum Rates 1. A. ROOM RENTAL a) Puget Sound Ballroom- per section (4 sections) $375.00 b) Oyster Bay Room $275.00 c) Marina Vista 1 & 2 per section $200.00 d) Marina Vista 3 $550.00 e) Glacier Cove 1 & 2 per section $200.00 f) Fountain Room $675.00 1 2. EVENT PACKAGE (in conjunction with food minimums) a) Puget Sound Ballroom- per section (4 sections) $500.00 b) Oyster Bay Room $375.00 c) Marina Vista 1 & 2 per section $300.00 d) Marina Vista 3 $750.00 e) Glacier Cove 1 & 2 per section $300.00 f) Fountain Room $675.00 1. 501(c)3 Organizations receive 50% off Room Rental rate with purchase of an Event Package. 3. RECURRING ROOM RENTAL (at least 35 events per year) Room fee waived with food purchase for at least 60 people. 20 | Page Resolution No. TABLE I MUNICIPAL COURT 1. ANTI-HARRASSMENT ORDER $73.00 1.2. HEARING EXAMINER APPEAL $65$73.00 2.3. TRAFFIC PENALTIES a) Inattention to Driving $136 b) Automated Traffic Safety Camera Violations $136 2018 Rates & Fees 21 | Page TABLE J PARKING All Rates are Not-to-Exceed Rates 1. PARKING FEES a) On-Street Locations 3 Hrs $20.00 10 hrs $30.00 b) Off-Street Location 3 Hrs $20.00 10 hrs $30.00 c) Parking Garage Monthly Permit $200.00 d) Administrative Immobilization Fee (i.e. boot) $100.00 2. RESIDENTIAL PARKING PERMITS a) Residential Parking Permits First Two Permits FREE Each additional permit issued not-to-exceed four permits per unit $100.00 b) Petition for Creation of Residential Restricted Parking Zone $100.00 c) Replacement of parking permit $10.00 3. PARKING PENALTIES a) Overtime or Reparking 1st Violation in 30 90 Days $25.0020.00 2nd Violation in 30 90 Days $50.0060.00 3rd or More Violation in 3090 Days $100.00180.00 b) Non-Payment in Collection Devices $25.00 c) Loading Zones $25.00 d) No Parking $45.0030.00 e) Wrong Way $45.0030.00 f) Parked on Sidewalk $45.0030.00 g) Fire Hydrant $45.0030.00 h) 12" From Curb $25.0030.00 i) Physically Disabled (Public and Private) $450.00 j) Counterfeiting or User of Counterfeit Permits, Tokens or Script $500.00 Unauthorized Use of Permits $250.00 k) Blocked Driveway $45.0030.00 l) Expired Tabs $45.00 m) 30 Foot to Stop Sign $45.0030.00 n) Double Parked $45.0030.00 o) No Stopping/No Standing $45.0030.00 p) Failure to Respond Additional Penalty $25.00 q) All parking infractions set forth in Chapter 10.10 BMC not identified above $30.0020.00 22 | Page Resolution No. TABLE K PARKS AND RECREATION Non-Resident Fee Base Fee plus 25% 4. 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 (Group A) NON-COMMERCIAL Rental Rates Recreation and/or educational purposes only. Per hour, two (2) hour minimum Daytime (Monday Friday: 8:00 AM to 5:00 PM) (i) Lounge $11.00$11.25 (ii) Room A, B/C, Conference Room $9.00$9.25 (iii) Gym $26.75$27.25 Evenings (Monday Thursday: 5:00 PM to 10:00 PM) (i) Lounge $26.75$27.25 (ii) Room A, B, Conference Room $21.00$21.50 (iii) Gym $37.00$37.75 (iv) Room Package (Lounge & Gym) $60.00$61.25 (v) Entire building Up to eight (8) hours* $700.00$714.00 Friday Evening (5:00 PM to 10:00 PM) & Saturday and Sunday (i) Lounge $31.75$32.50 (ii) Room A, B, Conference Room $24.00$24.50 (iii) Gym $44.00$45.00 (iv) Room Package (Lounge & Gym) $72.00$73.50 (v) Entire building Up to eight (8) hours* $722.00$736.50 (Group B) COMMERCIAL Rental Rates Recreational and/or educational purposes only. Per hour, two (2) hour minimum Lounge $47.5048.75 Room A, B, Conference Room $36.00$36.75 Gym $66.00$67.50 2018 Rates & Fees 23 | Page Room Package (Lounge & Gym) $108.00$110.25 Entire Building - Up to eight (8) hours* $1,083.00$1,105.00 *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 (Group A) NON-COMMERCIAL Rental Rates Per hour, two (2) hour minimum Cardroom/Meeting Room $22.00$22.50 Main Room $43.00$44.00 Kitchen $22.00$22.50 Additional staffing per hour $17.00 Entire Facility up to eight (8) hours $310.00$316.00 (Group B) COMMERCIAL Rental Rates Per hour, (two ) 2 hour minimum Cardroom/Meeting Room $44.00 Main Room $86.00 Kitchen $44.00 Additional staffing per hour $17.00 Entire Facility Up to eight (8) hours $595.00 c) PARK SHELTERS RESERVATION FEES Four (4) hour sessions per reservation unless otherwise noted. Bremerton residents may reserve park shelters beginning January 1st for the upcoming year. Non-resident reservations will be accepted beginning February 1st. (Group A) NON-COMMERCIAL Rental Rates Bachman, Bataan, Lent Landing, Manette, Matan, NAD (Upper) Shelters and Gazebos $28.00$30.00 Blueberry Shelter $49.00$50.00 Evergreen Shelter 1 $74.0076.00 Evergreen Shelter 2 or 3 $38.0040.00 Evergreen Shelter 4 (not reservable, first come first served) no charge Evergreen Shelter 5 or 6 $40.0042.00 Evergreen Amphitheatre with Amplified Sound $185.00188.00 Kiwanis Park Shelter $38.0040.00 Lions Park Shelter 1 $50.0052.00 Lions Park Shelter 2 $38.0040.00 24 | Page Resolution No. Matan Park Shelter $28.00 Upper NAD $28.00 Lent Landing Gazebo $28.00 Reserve portion of a park not having a shelter. $36.00 (Group B) COMMERCIAL Rental Rates Bachman, Bataan, Lent Landing, Matan, NAD (Upper) Shelters and Gazebos $42.0045.00 Blueberry Shelter $74.5075.00 Evergreen Shelter 1 $110.00114.00 Evergreen Shelter 2 or 3 $57.0060.00 Evergreen Shelter 4 (not reservable) no charge Evergreen Shelter 5 or 6 $60.0063.00 Evergreen Amphitheatre with Amplified Sound $238.00282.00 Kiwanis Park Shelter $57.0060.00 Lions Park Shelter 1 $75.0078.00 Lions Park Shelter 2 $57.0060.00 Matan Park Shelter $42.00 Upper NAD $42.00 Lent Landing Gazebo $42.00 Reserve portion of a park not having a shelter. $54.00 d) SPECIAL EVENTS, CELEBRATIONS, WEDDINGS Harborside Fountain Park (Waterfront plaza only, per four (4) hour session $40.00 Louis Mentor Boardwalk $300.00500.00 Available Memorial Day-Labor Day (per day) $205.00225.00 e) ATHLETIC FIELD RESERVATIONS Per hour unless noted (Group A) NON-COMMERCIAL Youth Use $15.0016.00 Adult Use $26.5030.00 (Group B) COMMERCIAL $53.0054.00 Game Fees (i) Baseball/Softball $37.7538.50 (ii) Soccer $58.0059.00 (ii)(iii) Sand Volleyball $30.00 f) BLUEBERRY PARK P-PATCH ANNUAL RATE Non-commercial gardening only. Raised Beds $13.00 2018 Rates & Fees 25 | Page 10 x 20 Beds $52.00 16 x 30 Beds $75.00 g) LIONS TENNIS COURT LIGHTS 1 token (1 hour) $2.50 6 tokens (6 hours) $11.25 2. PROGRAM FEES & CHARGES a) NEW PROGRAMS See Section 3, subsection (a) b) ATHLETIC PROGRAM FEES VOLLEYBALL League Play per team, per game $30.00 Open Gym (Oct. June) per person $4.00 BASKETBALL er team, per game $62.50 $35.0036.50 per individual $42.0043.00 SOFTBALL Adult League Play per team, per game $44.8045.67 Adult League Players fee per player, per game $1.932.00 TOURNAMENTS (SOFTBALL AND SOCCER) INVITATIONAL TOURNAMENTS c) Lions One Day $408.00416.00 d) Lions Two Day $650.00663.00 e) Lions Three Day $866.00883.00 f) Pendergast One Day $525.00546.00 g) Pendergast Two Day $836.00852.00 h) Pendergast Three Day $1,016.001,036.00 STATE TOURNAMENTS* i) Lions One Day $567.00578.00 j) Lions Two Day $846.00862.00 k) Lions Three Day $985.001,004.00 l) Pendergast One Day $734.00748.00 m) Pendergast Two Day $985.001,004.00 n) Pendergast Three Day $1,168.001,191.00 *Regional and National Tournaments cost to be negotiated depending on field preparation requirements. 3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS 26 | Page Resolution No. a) PROGRAM FEE FORMULAS. 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: Activities when the instructor is on City payroll. -to- 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 Activities taught by contracted instruction. -to-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. Non-Resident Fees for Recreational Programs. 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+) 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 $15.0016.00 Senior Citizen Non-Resident annual membership $30.0032.00 Senior Center City Resident Couples annual membership $22.0023.00 Senior Center Non-Resident Couples annual membership $44.0046.00 Senior Center City Resident Associate annual membership $21.0022.00 Senior Center Non-Resident Associate annual membership $42.0044.00 c) SENIOR CENTER TRIPS Cost plus 25% 2018 Rates & Fees 27 | Page TABLE L POLICE DEPARTMENT 1. TRAFFIC ACCIDENT REPORTS $10.00 2. FINGERPRINTS 1st Card $10.00 a) Each Additional Card $10.00 3. CRIMINAL HISTORY CHECK $10.00 4. PHOTO PRINTS Actual Cost 5.4. ALARM COMPLIANCE FEE a) 1st False Alarm in any 1 Quarter $60.00 b) 2nd False Alarm in the same Quarter $80.00 c) 3rd False Alarm in the same Quarter or Subsequent Alarms in a Calendar Quarter $160.00 6.5. SERVICE FEE FOR ANTI-HARASSMENT ORDER $50.00 7.6. SERVICE OF ARREST WARRANTS AND SUBPOENAS a) Arrest Warrant $15.00 plus mileage b) Subpoena $6.00 plus mileage c) Preparation of return of service $5.00 Mileage (for each mile actually and necessarily traveled by a member of the Police Department in going to or returning from any place of service, or attempted service) current business mileage rate allowed by the Internal Revenue Service. 8.7. TAXICABS a) Taxicab Business Certificate $30.00/yr b) $30.00/yr c) Vehicle Decal $10.00/veh/yr 28 | Page Resolution No. TABLE M DOCUMENT REPRODUCTION FEESPUBLIC RECORD FEES 1. Copy or Print - 8½ x 11, 8½ x 14 and 11 x 17Letter or Legal paper size (No fee for first 50 pages) $0.15/pg 2. Scan 8½ x 11, 8½ x 14 and 11 x 17 Letter or Legal paper size (No fee for first 50 pages) $0.10/pg 3. Electronic Files or Attachment uploaded to email, cloud-based data storage service or other means of electronic delivery $0.05/4 files 4. Transmission of Public Records in an Electronic Format $0.10/GB 5. Video Reproduction (includes personnel time) Actual Costs 6. CD/DVD $2.00 7. USB 2 GB $5.00 8. Postage or Delivery Charges Actual Costs 9. Certification $5.00 10. Oversized Plans, Aerial Photos, Drawings, and Maps (Black and White) $8/pg or Actual Costs when performed by a Vendor 11. Color GIS Plotted Maps $5/sq. ft. 12. Other Documents: a) Medical Records Fees shall be pursuant to RCW 70.02.010(12)$19.00 a)b) Fire Incident/Investigation Reports $8.00 b)c) Budget (Hard Copy) $50.0070.00 (Electronic Version) $10.00 c)d) Annual Report (Hard Copy) $25.0035.00 (Electronic Version) $10.00 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 City Clerk shall have the department's fee schedule available for inspection upon request. 2018 Rates & Fees 29 | Page TABLE N PUBLIC WORKS AND UTILITIES DEPARTMENT 1. RIGHT-OF WAY USE PERMITS FEES a) Type A (Short Term Use) Regular (Misc. Construction) $160.00164.00 Dumpster Individual personal use No Charge Dumpster Commercial/Construction $60.0061.50 b) Type B (Disturbance of ROW) Sidewalk Repairs (2 inspections) No Charge Driveway, Transverse Street Patch and Spot Patches (2 inspections) $160.00164.00 Frontage Improvements (curb, gutter, sidewalk, illumination, etc.); Longitudinal Street Patch; and Utility Installation $3.153.23/ft with a $160.00164.00 minimum New Street $5.255.38/ft with a $625.00 640.00 minimum Water & Sewer Mains & Laterals (ROW Permit) (2 inspections) $160.00 Additional Inspection $67.0069.00/hour + equipment charges c) Type C (Long Term Use) Application and Processing $65.0266.65 Annual Renewal $65.0266.65 d) Type D Regular (Franchised Utility Routine Maintenance) $100.00102.50 e) Plan Reviews $0.250.26/foot of improvement with $105 108.00 minimum 2. ADDITIONAL WORK $68.4171.60/hour + equipment charges 3. RIGHT-OF-WAY VACATION $575.00590.00 4. BMC 10.24 HOUSEMOVING/OVERSIZE LOADS $600615+$6567/mile to .10 of a mile 30 | Page Resolution No. 4.5. BANNER FEE INSTALL/REMOVAL $100.00 5.6. MEMORIAL SIGN $500.00 6.7. TRAFFIC CONTROL $71.60/hr + Equip Charges 8. BARRICADE FEE IF NOT RETURNED $30.00/barricade 7.9. BLOCK PARTY STREET CLOSURE $25.00 2018 Rates & Fees 31 | Page TABLE O TAX & LICENSE 1. REGULATORY LICENSE FEES a) BMC 5.17 Charitable Solicitation Non-Profit $25/60 days Professional Fundraiser $675/60 days b) BMC 5.22 Dance/Public $265/yr or $70/30 days c) BMC 5.96 Erotic Dance Studios $700/yr d) Dancers $100/yr e) BMC 5.16 Mobile Food Vendor $150/veh/yr f) BMC 5.16 Peddlers $75/yr or $25/30days g) BMC 5.36 Special Events $100.00/event h) BMC 5.08 Street/Sidewalk Vendors $100/yr i) Site Relocation $50.00 j) BMC 5.16 Temporary Merchant $400/30 days 2. BUSINESS LICENSE FEE a) BMC 5.02 $75/yr 32 | Page Resolution No. TABLE P TELECOMMUNICATIONS 1. TOWER LEASE - APPLICATION, RENEWAL AND ASSIGNMENT FEE $500.00513.00 1 2. CABLE FRANCHISE APPLICATION AND RENEWAL FEE DEPOSIT $3,500.003,588.00 1 Actual cost will be based on staff time. City may require additional deposit(s) up to $3,500 per deposit if funds are exhausted. 2 3. MASTER PERMIT - APPLICATION AND RENEWAL FEE DEPOSITS $5,000.005,125.00 2 Actual cost will be based on staff time plus legal review. City may require additional deposit(s) up to $5,000 per deposit if funds are exhausted. 4. TELECOM LICENSE FEE $210.00215.00/one time 2018 Rates & Fees 33 | Page AGENDA BILL CITY OF BREMERTON A16 CITY COUNCIL SUBJECT: Ordinance No. amending Study Session Date: November 8, 2017 and re-establishing Utility Assessments, COUNCIL MEETING Date: November 15, 2017 Rates, Fees, and Charges for 2018 Department: Financial Services Presenter: DeWayne Pitts Phone: (360) 473-5296 SUMMARY: Ordinance to amend and re-establish the 2018 Utility Assessments, Rates, Fees and Charges. ATTACHMENTS: 1) Ordinance No. 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): Misc. Fees and Charges were adjusted by change in the Consumer Price Index for all urban consumers, Seattle for the month ending August 31, 2017 at 2.50%. The Utility rates are incorporated in the 2018 Proposed Budget. STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. amending and re-establishing the 2018 Assessments, Rates, Fees, and Charges for Water, Wastewater, Stormwater, and other related services. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 ORDINANCE NO. _____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending and reestablishing the assessments, rates, fees, and charges established in Ordinance No. 5324 relating to the Department of Public Works and Utilities for water, wastewater, stormwater, and other related services. WHEREAS, the City Council desires to amend and reestablish the assessments, rates, fees, and charges relating to the Department of Public Works and Utilities for general facility charges and water, wastewater, stormwater, and other related services established in Exhibit A of Ordinance No. 5324; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Rate Tables Established. Rates and fees for services relating to the Department of Public Works and Utilities for general facility charges and water, wastewater, stormwater, and other related services, as established in Exhibit A of Ordinance No. 5324, are hereby amended and reestablished as set forth in the rate tables set forth in the attached Exhibit A of this ordinance, said exhibit is incorporated herein by this reference. SECTION 3. Rate Tables Effective Date. The rate tables as set forth in Exhibit A shall be effective January 1, 2018. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force on January 1, 2018. PASSED by the City Council of the City of Bremerton, Washington this _____ day of ________________________, 2017. _______________________________ ERIC YOUNGER, Council President Approved this _____ day of ________________________, 2017. ______________________________ PATTY LENT, Mayor Public Works 2017 Rate and Fee Tables - Adopted APPROVED AS TO FORM: ATTEST: _________________________________ ______________________________ ROGER A. LUBOVICH, City Attorney SHANNON L. CORIN, City Clerk PUBLISHED the ______ day of ______________, 2017. EFFECTIVE the ______ day of ______________, 2017. ORDINANCE NO. ______. R:\\Legal\\Legal\\Ordinances\\Public Works & Utilities\\2018 Utility Rate Ordinance\\2018 Utility Rate Ordinance - UPDATED 11.02.2017.docx Public Works 2017 Rate and Fee Tables - Adopted Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 20172018 Inside/Outside City Limits GENERAL FACILITY CHARGES Water based on meter size average normal flow 5/8" x 3/4" $ 4,448.58$ 5,880.00 1" $ 4,448.58 $ 5,880.00 1" Commercial $ 6,094.59 $ 8,056.00 1 1/2" Commercial $ 35,587.67 $ 47,040.00 2" Commercial $ 35,587.67 $ 47,040.00 3" Commercial $ 88,969.18 $ 117,600.00 4" Commercial $ 177,938.37 $ 235,200.00 Greater than 4"Case by Case basis Wastewater based on meter size average normal flow 5/8" x 3/4" $ 5,714.91$ 6,863.00 1" $ 5,714.91$ 6,863.00 1" Commercial $ 7,086.43$ 8,510.00 1 1/2" Commercial $ 40,004.40$ 48,041.00 2" Commercial $ 40,004.40$ 48,041.00 3" Commercial $ 102,868.46$ 123,534.00 4" Commercial $ 205,736.92$ 247,068.00 Greater than 4"Case by Case basis $ 2,443.00 $ 3,157.00 Stormwater (per IHSU) The GFCs as amended and set forth in Exhibit A 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, 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. 2) The Seattle Construction Index (SCI) set forth in BMC 15.06.020 shall not be applied to the January 1, 2016, January 1, 2017 and January 1, 2018 charges as established in Exhibit A unless otherwise approved by City Council. CONNECTION FEES Water Connection Fees 5/8" x 3/4"$ 2,710.00$ 2,778.00 $ 4,065.00$ 4,167.00 1"$ 2,922.00$ 2,995.00 $ 4,383.00$ 4,493.00 1 1/2"$ 6,190.00$ 6,345.00 $ 9,285.00$ 9,517.00 2"$ 7,003.00$ 7,178.00 $ 10,504.50$ 10,767.00 3" - 4" x 4" - Service to property line$ 13,038.00$ 13,364.00 $ 19,155.00$ 19,634.00 3" - 4" x 6" - Service to property line$ 13,216.00$ 13,546.00 $ 19,416.00$ 19,901.00 3" - 4" x 8" - Service to property line$ 13,536.00$ 13,874.00 $ 19,887.00$ 20,384.00 3" - 4" x 10" - Service to property line$ 15,225.00$ 15,606.00 $ 22,368.00$ 22,927.00 3" - 4" x 12" - Service to property line$ 13,279.00$ 13,611.00 $ 19,509.00$ 19,997.00 1 of 9 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 20172018 Inside/Outside City Limits 4" - 4" x 4" - Service to property line$ 14,412.00$ 14,772.00 $ 21,174.00$ 21,703.00 4" - 4" x 6" - Service to property line$ 14,591.00$ 14,956.00 $ 21,436.00$ 21,972.00 4" - 4" x 8" - Service to property line$ 14,912.00$ 15,285.00 $ 21,907.00$ 22,455.00 4" - 4" x 10" - Service to property line$ 16,599.00$ 17,014.00 $ 24,387.00$ 24,997.00 4" - 4" x 12" - Service to property line$ 16,605.00$ 17,020.00 $ 24,394.00$ 25,004.00 6" - 6" x 6" - Service to property line$ 17,476.00$ 17,913.00 $ 25,675.00$ 26,317.00 6" - 6" x 8" - Service to property line$ 17,797.00$ 18,242.00 $ 26,146.00$ 26,800.00 6" - 6" x 10" - Service to property line$ 19,485.00$ 19,972.00 $ 28,626.00$ 29,342.00 6" - 6" x 12" - Service to property line$ 19,485.00$ 19,972.00 $ 28,626.00$ 29,342.00 8" - 8" x 8" - Service to property line$ 23,150.00$ 23,729.00 $ 34,011.00$ 34,861.00 8" - 8" x 10" - Service to property line$ 24,909.00$ 25,532.00 $ 36,595.00$ 37,510.00 8" - 8" x 12" - Service to property line$ 24,909.00$ 25,532.00 $ 36,595.00$ 37,510.00 10" - 10" x 10" - Service to property line$ 28,312.00$ 29,020.00 $ 41,595.00$ 42,635.00 10" - 10" x 12" - Service to property line$ 28,811.00$ 29,531.00 $ 42,327.00$ 43,385.00 Greater than 12" Wet Tapping (Water Main Only)* 4" x 4" - excluding excavation & backfill$ 3,012.00$ 3,087.00 $ 4,518.00$ 4,631.00 4" x 6" - excluding excavation & backfill$ 3,186.00$ 3,266.00 $ 4,779.00$ 4,898.00 4" x 8" - excluding excavation & backfill$ 3,500.00$ 3,588.00 $ 5,250.00$ 5,381.00 4" x 10" - excluding excavation & backfill$ 5,154.00$ 5,283.00 $ 7,731.00$ 7,924.00 4" x 12" - excluding excavation & backfill$ 5,159.00$ 5,288.00 $ 7,738.50$ 7,932.00 6" x 6" - excluding excavation & backfill$ 3,413.00$ 3,498.00 $ 5,119.50$ 5,247.00 6" x 8" - excluding excavation & backfill$ 3,727.00$ 3,820.00 $ 5,590.50$ 5,730.00 6" x 10" - excluding excavation & backfill$ 5,381.00$ 5,516.00 $ 8,071.50$ 8,273.00 6" x 12" - excluding excavation & backfill$ 5,381.00$ 5,516.00 $ 8,071.50$ 8,273.00 8" x 8" - excluding excavation & backfill$ 4,359.00$ 4,468.00 $ 6,538.50$ 6,702.00 8" x 10" - excluding excavation & backfill$ 6,083.00$ 6,235.00 $ 9,124.50$ 9,353.00 8" x 12" - excluding excavation & backfill$ 6,200.00$ 6,355.00 $ 9,300.00$ 9,533.00 10" x 10" - excluding excavation & backfill$ 6,931.00$ 7,104.00 $ 10,396.00$ 10,656.00 10" x 12" - excluding excavation & backfill$ 7,392.00$ 7,577.00 $ 11,088.00$ 11,365.00 12" x 12" - excluding excavation & backfill$ 7,304.00$ 7,487.00 $ 10,956.00$ 11,230.00 2" - service to property line$ 3,705.00$ 3,798.00 $ 5,557.00$ 5,696.00 4" x 4" - service to property line$ 8,807.00$ 9,027.00 $ 13,210.00$ 13,540.00 4" x 6" - service to property line$ 8,982.00$ 9,207.00 $ 13,473.00$ 13,810.00 4" x 8" - service to property line$ 9,296.00$ 9,528.00 $ 13,944.00$ 14,293.00 4" x 10" - service to property line$ 10,949.00$ 11,223.00 $ 16,423.50$ 16,834.00 4" x 12" - service to property line$ 10,954.00$ 11,228.00 $ 16,431.00$ 16,842.00 6" x 6" - service to property line$ 8,875.00$ 9,097.00 $ 13,312.50$ 13,645.00 6" x 8" - service to property line$ 9,189.00$ 9,419.00 $ 13,783.50$ 14,128.00 6" x 10" - service to property line$ 10,843.00$ 11,114.00 $ 16,264.50$ 16,671.00 6" x 12" - service to property line$ 10,843.00$ 11,114.00 $ 16,264.50$ 16,671.00 8" x 8" - service to property line$ 10,174.00$ 10,428.00 $ 15,261.00$ 15,643.00 8" x 10" - service to property line$ 11,898.00$ 12,195.00 $ 17,847.00$ 18,293.00 8" x 12" - service to property line$ 11,897.00$ 12,194.00 $ 17,845.50$ 18,292.00 10" x 10" - service to property line$ 13,391.00$ 13,726.00 $ 20,086.50$ 20,589.00 10" x 12" - service to property line$ 13,879.00$ 14,226.00 $ 20,818.50$ 21,339.00 12" x 12" - service to property line$ 14,767.00$ 15,136.00 $ 22,150.50$ 22,704.00 2 of 9 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 20172018 Inside/Outside City Limits Fire Hydrant Installation* 6" x 8" and smaller - service to property line$ 11,731.00$ 12,024.00 $ 17,596.50$ 18,036.00 6"x 10" - service to property line$ 13,420.00$ 13,756.00 $ 20,130.00$ 20,633.00 6"x 12" service to property line$ 13,420.00$ 13,756.00 $ 20,130.00$ 20,633.00 PLAN CHECK/INSPECTION FEES Engineering Services** Plan Check Fees Main Extensions: per foot$ 0.30 $ 0.31 $ 0.45$ 0.46 BUT not less than$ 249.00 $ 255.00 $ 373.50$ 383.00 (Includes hydrants and appurtenances and connection to water system) Pump Stations$ 626.00 $ 642.00 $ 939.00$ 962.00 Fireline Extension$ 100.00 $ 103.00 $ 150.00$ 154.00 Irrigation Systems$ 100.00 $ 103.00 $ 150.00$ 154.00 Miscellaneous (per hour) plus equipment$ 83.00$ 67.00 $ 125.00$ 100.50 Storm Drainage Plan Review Fees *** Preliminary Drainage Plans Residential Development$ 387.00 $ 397.00 N/AN/A Non-Residential Development$ 268.00 $ 275.00 N/AN/A Plus per IHSU$ 11.65 $ 11.94 Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots$ 41.93 $ 42.98 N/AN/A 21 - 50 Lots$ 30.29 $ 31.05 N/AN/A 51 - 100 Lots$ 26.80 $ 27.47 N/AN/A 100+ Lots$ 23.30 $ 23.88 N/AN/A Minimum Charge$ 297.00 $ 304.00 N/AN/A Non-Residential Development per IHSU$ 23.30 $ 23.88 N/AN/A Minimum Charge$ 356.00 $ 365.00 N/AN/A Resubmittal Fees First ResubmittalNo Charge No ChargeNo ChargeN/AN/A Subsequent Resubmittal$ 297.00 $ 304.00 N/AN/A Field Inspection Fees Water main extensions (per foot)$ 1.32 $ 1.35 $ 1.98$ 2.03 but not less than:$ 487.00$ 499.00 $ 730.50$ 749.00 Pump Station$ 642.00$ 658.00 $ 963.00$ 987.00 Miscellaneous (per hour)$ 83.00$ 88.00 $ 124.50$ 128.00 Wastewater Connection Fees 3 of 9 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 20172018 Inside/Outside City Limits Lateral Connection at P/L$ 83.00$ 85.00 $ 124.50$ 128.00 Lateral Connection at Main$ 314.00$ 322.00 $ 471.00$ 483.00 Conveyance Facility Ext. (Per Foot)$ 1.74 $ 1.78 $ 2.61$ 2.68 but not less than:$ 379.00 $ 388.00 $ 568.50$ 583.00 Pump Station$ 630.00$ 646.00 $ 945.00$ 969.00 Miscellaneous (per hour)$ 83.00$ 88.00 $ 124.50$ 128.00 Storm Drainage Inspection Fees *** Residential Development (per lot)$ 17.48 $ 17.92 N/AN/A Non-Residential Development (per IHSU)$ 17.48 $ 17.92 N/AN/A Minimum Charge$ 179.00$ 183.00 N/AN/A Conveyance Facility Extensions (per foot)$ 0.93 $ 0.95 N/AN/A Minimum Charge$ 356.00 $ 365.00 N/AN/A Unscheduled Inspections**** (per site visit)$ 83.00$ 88.00 N/AN/A MISCELLANEOUS FEES AND CHARGES Office Services New Account (includes water turn-on)$ 20.00$ 21.00 $ 20.00$ 21.00 Account Maintenance$ 5.00$ 5.00 $ 5.00$ 5.00 Past Due Notice$ 3.00$ 3.00 $ 3.00$ 3.00 ACH Credit$ - $ - Lien Recovery Charge$ 102.00$ 105.00 $ 102.00$ 105.00 Close Account/Meter Read/Water Service Turn- off$ 20.00$ 21.00 $ 20.00$ 21.00 Utility/Lien Search Fee (Manual) per parcel$ 31.00 $ 32.00 $ 31.00 $ 32.00 Park Reservation Fee (non-refundable)$ 100.00 $ 125.00 $ 100.00 $ 125.00 Park Reservation Refundable Deposit$ 100.00 $ 100.00 Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch$ 709.00$ 864.00 $ 1,063.50$ 1,328.00 Concrete Patch$ 1,274.00$ 1,384.00 $ 1,911.00$ 2,128.00 Asphalt Trench$ 1,615.00$ 2,284.00 $ 2,422.50$ 3,512.00 Concrete Trench$ 1,632.00$ 3,323.00 $ 2,448.00$ 5,109.00 County Road PermitN/A N/A Cost Cost Water Meter Installation 3/4" & 1"$ 148.00$ 148.00 $ 115.00148.00 1-1/2" & 2"$ 182.00$ 229.00 $ 182.00229.00 3" and greaterActual Time & MaterialsActual Time & Materials Water Meter Reactivation- Snowbirds$ 50.00$ 51.00 $ 50.0051.00 Water Meter Tampering Tampering Fee$ 250.00$ 256.00 $ 250.00256.00 Tampering RepairActual Time & MaterialsActual Time & Materials 4 of 9 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 20172018 Inside/Outside City Limits Fire Service - Detector, Meter & MXU$ 460.00$ 472.00 $ 460.00472.00 Storz Adapter $ 237.00$ 243.00 $ 237.00243.00 Water Service Turn-off/Turn-on (Customer Request) Regular Hours$ 41.00$ 45.00 $ 41.00$ 45.00 After Hours$ 186.00$ 191.00 $ 186.00$ 191.00 Delinquency Notice$ 20.00$ 21.00 $ 20.00$ 21.00 Water Service Turn-off/Turn-on (Delinquent Accounts) Regular Hours$ 61.00$ 65.00 $ 61.00$ 65.00 After Hours$ 186.00$ 191.00 $ 186.00$ 191.00 Flow and Pressure Test (Uncertified) 3/4" & 1" meters only$ 83.00$ 88.00 $ 83.00$ 88.00 1-1/2" & 2" meters only$ 151.00$ 155.00 $ 151.00$ 155.00 Larger than 2"Actual Time & MaterialsActual Time & Materials Meter Test Fee (based on meter size) 3/4" & 1"$ 186.00$ 191.00 $ 186.00$ 191.00 1-1/2" & 2"$ 253.00$ 259.00 $ 253.00$ 259.00 3" or greater Utility Plant Locates Regular HoursN/C N/CN/CN/CN/C After Hours$ 186.00$ 191.00 $ 186.00$ 191.00 EmergencyN/C N/CN/CN/CN/C Utility Compliance Specialist Inspection$ 83.00$ 88.00 $ 83.00$ 88.00 Administration Fee$ 35.00$ 36.00 $ 35.00$ 36.00 Utility Labor Rate Hourly (Eqp not included)$ 67.00 $ 69.00 $ 67.00$ 69.00 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches$ 12.9413.65$ 19.40$ 20.47 1 inch$ 14.7815.59$ 22.19$ 23.41 1 1/2 inch$ 21.0222.18$ 31.53$ 33.26 2 inch$ 28.2429.79$ 42.36$ 44.69 3 inch$ 53.5856.53$ 80.37$ 84.79 4 inch$ 99.57105.05$ 149.35$ 157.56 6 inch$ 354.03373.50$ 531.05$ 560.26 8 inch$ 1,293.201,364.33$ 1,939.81$ 2,046.50 5 of 9 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 20172018 Inside/Outside City Limits 10 inch$ 4,612.284,865.96$ 6,918.42$ 7,298.93 12 inch$ 17,339.0718,292.72$ 26,008.59$ 27,439.06 Residential Commodity Charge (per HCF) Per HCF/Month$ 2.222.34$ 3.333.51 Non - Residential Commodity Charge (per HCF)$ 2.002.11$ 3.003.17 Fire Protection - Monthly Service Charge Service Size 1 inch$ 26.5528.01$ 39.9742.17 1 1/2 inch$ 40.1142.32$ 60.1763.48 2 inch$ 52.1555.02$ 78.2382.53 3 inch$ 57.4660.62$ 86.2190.95 4 inch$ 62.6466.09$ 93.9599.12 6 inch$ 78.1882.48$ 117.27123.72 8 inch$ 104.09109.81$ 156.13164.72 10 inch$ 145.66153.67$ 218.49230.51 12 inch$ 208.09219.53$ 312.13329.30 Commodity Charge (per HCF)$ 4.024.24$ 6.026.35 - For Usage Other Than Firefighting Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge Base Charge (per account) 5/8" x 3/4" $ 12.8413.55$ 19.2620.32 Base Charge (per account) 1"$ 14.6815.49$ 22.0323.24 Commodity Charge 0 - 5 HCF/MonthNo charge No ChargeNo Charge Over 5 HCF/Month$ 2.122.23$ 3.183.35 Temporary/Construction Meter 1" Meter Deposit$ 300.00 316.50$ 300.00316.50 Base Fee (per month)$ 14.7815.59$ 22.1923.41 Set Up Fee & Removal Fee$ 296.00 312.28$ 296.00312.28 Hydrant meter (3" Meter) Deposit$ 2,000.00 2,110.00$ 2,000.002,110.00 Base Fee (per month)$ 53.2056.13$ 76.1880.37 Set Up Fee$ 296.00 312.28$ 296.00312.28 Equipment Loss/DamageActual Time & MaterialsActual Time & Materials Commodity Charge (per HCF)$ 2.002.11$ 3.023.19 City Parks and Recreation Dept. - Irrigation Commodity Charge (per HCF) $ 1.001.06 Gold Mountain Golf Course Complex - Irrigation Commodity Charge (per HCF) $ 1.361.43 6 of 9 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 20172018 Inside/Outside City Limits RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge (per account)$ 34.24 35.10$ 51.36 52.64 Commodity Charge (per HCF)$ 4.59 4.71$ 6.89 7.06 Duplex on 1 Meter or 2 Bldgs. on 1 Meter Base Charge (per unit)$ 27.12 27.79$ 40.68 41.69 Commodity Charge (per HCF)$ 4.59 4.71$ 6.89 7.06 Multi - Family Base Charge (per unit)$ 27.12 27.79$ 40.68 41.69 Commodity Charge (per HCF)$ 4.59 4.71$ 6.89 7.06 Low-Income Senior and Low-Income Disabled Citizen $ 21.24 21.77$ 32.26 33.07 Base Charge (per account) Commodity Charge (per HCF) No ChargeNo Charge 0 - 5 HCF/Month Over 5 HCF/Month$ 4.59 4.71$ 6.89 7.06 Commercial I Base Charge (per account)$ 50.61 51.88$ 75.93 77.83 Commodity Charge (per HCF)$ 4.73 4.85$ 7.10 7.27 Commercial II Base Charge (per account)$ 50.99 52.26$ 76.48 78.39 Commodity Charge (per HCF)$ 6.066.21$ 9.099.32 Commercial III Base Charge (per account)$ 51.4952.78$ 77.2479.17 Commodity Charge (per HCF)$ 7.407.59$ 11.1011.38 Commercial IV Base Charge (per account)$ 51.9953.29$ 77.9979.94 Commodity Charge (per HCF)$ 8.748.96$ 13.1113.44 Commercial V Base Charge (per account)$ 57.1958.62$ 85.8087.95 Commodity Charge (per HCF)$ 10.9311.20$ 16.4016.81 Commercial VI Base Charge (per account)$ 62.9164.48$ 94.3796.73 Commodity Charge (per HCF)$ 13.6614.00$ 20.4921.00 Commercial VII Base Charge (per account)$ 69.2070.93$ 103.80106.40 Commodity Charge (per HCF)$ 15.9516.35$ 23.9324.53 7 of 9 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 20172018 Inside/Outside City Limits Commercial Special Base Charge (per account)$ 76.1278.02$ 114.18117.03 Commodity Charge (per HCF)$ 21.3521.88$ 32.0032.80 Beverage Production Base Charge (per account)$ 51.4952.78$ 77.2479.17 Commodity Charge (per HCF)$ 4.814.93$ 7.217.39 Commercial Fountains - Separately Metered Base Charge (per account)$ 50.6151.88$ 75.9377.83 Commodity Charge (per HCF)$ 1.561.60$ 2.342.40 Septage Disposal (per gallon of tank capacity)$ 0.260.26$ 0.380.39 Leachate Per Gallon of Tank Capacity Individual Residential Grinder Pumps Grinder Pump Surcharge$ 11.0311.31$ 16.5516.97 Low-Income Senior and Low-Income Disabled Grinder Pump Surcharge$ 8.288.49$ 12.4212.73 RETAIL STORMWATER RATES Monthly Service Charge Residential I (Single Family/Duplex) Base Charge (per account)$ 13.7314.90N/A N/A Exception: Duplex with 2 Meters (per account)$ 6.907.49N/A N/A Residential II - SW Impact Fee (per IHSU) 50% of the Res I Base Charge$ 6.877.45N/A N/A Residential III - SW Impact Fee (per IHSU) 100% of the Res I Base Charge$ 13.7314.90N/A N/A Commercial I Base Charge (per IHSU)$ 13.7314.90N/A N/A Commercial II - SW Impact Fee (per IHSU) 50% of the Comm I Base Charge$ 6.877.45N/A N/A Commercial III - SW Impact Fee (per IHSU) 100% of the Comm I Base Charge$ 13.7314.90 N/A N/A Public School Districts (per account)$ 13.7314.90N/A N/A Low-Income Senior and Low-Income Disabled Citizen Base Charge (per account)$ 8.369.07N/A N/A 8 of 9 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 20172018 Inside/Outside City Limits Multi - Family & Commercial Rate Adjustment Water Quality (per IHSU)$ 1.521.65N/A N/A Water Quantity (per IHSU)$ 4.594.98N/A N/A Stormwater Penalty New Multi - Family & Commercial development without on-site detention Charge (per IHSU)$ 3.043.30N/A N/A *Pavement Restoration Charge May Also Be Assessed ** Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate (above). *** Does not apply to single family residence 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 final occupancy approval.) 9 of 9 AGENDA BILL CITY OF BREMERTON .Њ CITY COUNCIL SUBJECT: Public Hearing and Ordinance Study Session Date: November 8, 2017 adopting the 2017 Comprehensive Plan COUNCIL MEETING Date: November 15, 2017 Amendment Docket; and amending the Department: DCD Presenter: Allison Satter Phone: (360) 473-5845 SUMMARY: The action before the Council is to conduct a public hearing and consider the 2017 Comprehensive Plan Amendment Docket. The amendment docket contains both comprehensive plan text and map changes and are summarized as follows: 1) Adding policies to include efforts for distressed areas and areas with disadvantaged populations, 2) Refine descriptions and boundary of the Downtown Regional Center to further include the military installations and facilities, and 3) Correct mapping error for 0.5 parcel on Werner Road to apply Industrial land use and zoning designations, and 4) Minor updates to the Gorst Subarea Plan. ATTACHMENTS: a) Staff memorandum describing the 2017 amendment docket including attachments I-V. b) Proposed Ordinance with the following Exhibits: a. Exhibit A: Planning Commission Findings and Conclusions b. Exhibit B: Policies to be added into the Land Use, Economic Development and City Service Elements regarding distressed area and populations c. Exhibit C: Policies to be added into the Land Use Element regarding Downtown d. Exhibit D: Revising Land Use Map for mapping error 0.5 acre parcel to Industrial Designation e. Exhibit E: Minor amendments to the Gorst Subarea Plan f. Exhibit F: Revising Zoning Map related to Exhibit D for mapping error 0.5 acre parcel to Industrial Zoning FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: No Presentation Full Presentation STUDY SESSION ACTION: Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ______ adopting amendments to the Comprehensive Plan Text Official Land Use Map, and official Zoning Map. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/07/15 DEPARTMENT OF COMMUNITY DEVELOPMENT M EMORANDUM To: City Council From: Allison Satter, Senior Planner Date: October 30, 2017 Re: 2017 Comprehensive Plan Amendment Docket EXECUTIVE SUMMARY Staff and the Planning Commission are pleased to present the proposed 2017 Comprehensive Plan Amendment Docket for Council consideration. State and City statutes allow the Comprehensive Plan to be amended a maximum of once per year. The 2017 Docket includes four city initiated amendments as follows: 1) Revise and add policies to include efforts for programs and provisions for distressed areas and areas with disadvantage populations. These amendments are proposed after receiving a recommendation of the Puget Sound Regional Council (PSRC) for the 2016 Comprehensive Plan periodic update certification. Further clarification is provided in Attachment I. 2) Refine description language regarding Naval Base Kitsap-Bremerton/Puget Sound Naval Shipyard Intermediate Maintenance Facility and its connection with the City; revise policies to demonstrate the integral relationship between the City and the military base, and make the military area part of the formally designated Downtown Regional Center to further ensure jobs and housing number are counted. Further clarification is provided in Attachment II. 3) Correct mapping omission/error of 0.5 acre of one parcel near Werner Road that was omitted from the area- wide land use classification for designations and zoning map. Further clarification is provided in Attachment III. 4) Minor Amendments to the Gorst Subarea Plan including complying with Stormwater Permit requirements, and revising code citations that have including removing County code citations. Further clarification is provided in Attachment IV. OPTIONS 1. Adopt the 2017 Comprehensive Plan Amendment Docket as recommended by Planning Commission 2. Deliberation, and make additional revisions before acting on the 2017 Docket. ATTACHMENTS Attachment I: Amendment I Distressed area and populations Attachment II: Amendment II Downtown and the Military Attachment III: Amendment III Correct Mapping Error Attachment IV: Amendment IV Gorst Subarea Plan Attachment V: Planning Commission Meeting Minutes Approved June 20 and July 18, 2017 Workshops, and Draft October 17, 2017 Public Hearing Attachment I Proposed Comprehensive Plan Amendment #1: Summary: distressed areas and areas with disadvantaged populations. This attachment is organized with first the proposed amendments, and followed by analysis to the specific proposed amendments. Proposed Changes for Amendment #1: Plan has strived to include efforts for programs and provisions for distressed areas and areas with disadvantage populations. However, the City will utilize this opportunity to improve upon the recommendation from the Puget Sound Regional Council (PSRC). The Planning Commission is proposing mark-up with strikethroughs for removal and underlining for the adding of the language): Land Use Chapter: Within the Citywide Policies (Page LU-8): Add the following policy: LU2(G): Strive to engage all of process. Recognize all ages, racial and ethnic backgrounds, income levels, and abilities. The City will include the following during planning and decision making process: o Identify the demographics of potentially affected communities when initiating a proposal. Monitor participation throughout the process to assess whether participation corresponds with affected communities, and adapt involvement practices and activities accordingly to increase effectiveness at reaching targeted audiences. Ensure the inclusion, engagement and participatory decision-making of all segments of the population, including those who are traditionally underrepresented. o Design public processes to engage people that may not live in Bremerton, such as, employees, employers, students, and those that visit the city for a variety of reasons. Within the Citywide Policies (Page LU-9): Add the following policy: LU4(F): Make progress towards eliminating health disparities and mitigating impacts on underrepresented populations. Within the Citywide Policies (Page LU-9): Add the following policy: LU4(E): Work to ensure that citizens of all cultures, ethnicities, abilities and economic backgrounds have access to the opportunities they need to advance their well-being and achieve their full potential. Economic Development Chapter: Page ED-8. Add the following policy: Community Development Block Grant (CDBG) to access federal block grant programs and funding to address a wide range of community development needs, including expanding economic opportunities, and providing a suitable living environment and decent housing-- principally for our low- and moderate-income community members. As funding is limited, the Attachment I City should encourage leveraging the public funding available for projects that require additional private investments and commitments. Page ED-10. Add the following policy: ED5(D): The City should pursue access to funding opportunities for distressed areas and disadvantaged populations. This can include coordinating with a local organizations or financial institutions to seek other funding possibilities such as the Community Development Financial Institutions Fund (CDFI Fund) to provide opportunities to disadvantage populations within the City. City Services Chapter: Page CS-7. Add the following policy: Promote the success of Bremerton's youth through land use and infrastructure investment decisions. Continue the coordination with the Kitsap Public Health District, School Districts and other youth groups. Page CS-7. Add the following policy: Grow communities that support multiple generations by providing safe and convenient opportunities for recreation and social gathering, along with accessible housing to meet the needs of youth, families and older adults. No additional policies are proposed within the Housing, Transportation, or Environment Chapters of the Comprehensive Plan as the current goals and policies seems to appropriately address recommendation. Cities are developed to create opportunities for all people. Cities bring people and firms together in relatively close proximity, which in turn drive innovation and leads to positive economic benefits and growth. Cities are also on the cutting edge of culture and, as such, tend to attract residents who are accepting of people of all backgrounds and lifestyles. For these reasons, among others, urban areas create rich economic, educational, and social opportunities that foster and encourage diversity. It is not surprising, then, that more Americans are moving to urban areas in recent years. In fact, according to a study by the Urban Land Institute, some of the largest segments of the U.S. population, including Millennials and Latinos, express a higher than average preference for living in cities. In addition, roughly 62 percent of Americans who are planning to move in the next five years would prefer to settle in mixed-use neighborhoods, which are prevalent in urban areas. Despite the resurgent popularity of city living, many urban neighborhoods face a number of ongoing challenges from the shortage of affordable housing and inadequate infrastructure to income inequality and poverty. These are common concerns that many cities in the Puget Sound area currently facing; a fact not lost on the Puget Sound Regional Council (PSRC). The PSRC has asked the City to consider adding policies into the Comprehensive Plan to include efforts for programs and provisions for distressed areas and areas with disadvantaged populations. Though PSRC recently asked the City to add policies into the Comprehensive Plan to address this topic, currently the City already has existing Comprehensive Plan goals and policies and programs to address disadvantaged areas and areas of disadvantaged populations. This a recommendation to demonstrate compliance. However, this is an opportunity to help developing Attachment I additional policies(or revising existing policies)to better or items that were missed during the update and efforts: The current Comprehensive Plan has many polices and goals that include efforts for programs and provisions for distressed areas and areas with disadvantaged populations that can be seen in the following section of this analysis. Community Development Block Grant (CDBG): CDBG and HOME are federal block grant programs from the US Department of Housing and Urban Development (HUD) that provide communities with flexible funding to address a wide range of community development needs. The City of Bremerton receives this block grant funding each year to expand economic opportunities, and provide a suitable living environment and decent housing--principally for our low- and moderate- countless lives and impacted our community in many ways, great and small. CDBG programs and efforts include: o Available low-interest loans to assist low-income households with essential upgrades to their homes, such as weatherization, leaky roof repairs, removing mold, etc. o core. As that area has 72% of its residents and employees have an average household income of $30,931 or less focus funding into this area, including demolishing buildings, and façade improvements. There is a current Comprehensive Plan policy (Land Use Policy LU2-DRC(B)) that states: utilize the slum and blight designation and other Department of Housing and Urban Development tools as appropriate to facilitate redevelopment opportunities in downtown. o is to require leveraging of public funding with private investments. Though the CDBG funding is relatively small, the recipients of the funding are monies to seek additional resources. An th example is the 4 Street improvements received CDBG funding of approximately $200,000 to improve the façade on older buildings. The recipient used that initial $200,000 and followed that improvement up with submitted permits to transform the older buildings to mixed-use with approximately $8million of private investments. o the approved Neighborhood Revitalization Strategy Area (NRSA). The NRSA allows for increased flexibility in undertaking economic development and housing activities with CDBG funds. This approved strategy identifies the bigger impact of the area as a whole, and reduces the administrative burden to individual recipients/businesses that participate in this program to create additional jobs or low-income housing. Brownfields grant: United States Environmental Protection Agency (EPA) has recently selected the City of Bremerton for two brownfields environmental site assessment grants totaling $300,000. With this funding, Bremerton will conduct up to fourteen brownfield site assessments as an initial step towards cleaning up and redeveloping vacant and underutilized Attachment I properties, transforming them into an asset for both the community andthe local economy while protecting public health and the environment. Those brownfields site include Anderson Cove, Wheaton/Riddell commercial area, Callow Avenue area, and downtown. There is a current Comprehensive Plan policy that addresses this important effort: Environmental Policy E1(D): Use the brownfields approach and grants to identify and restore potentially environmentally degraded property. Arts Commission: For many years now, the City of Bremerton has had an Arts Commission in place. The Bremerton Arts Commission represents our community during the creative phase of new city development or improvement projects. One percent of the construction funds for City capital projects (not including roads and utilities infrastructure) are set aside to enhance common public areas or structures either associated with the funding or as a general community improvement from pooled funds. The Bremerton Arts Commission aids City Council in sharing the vision of the community, promotes community outreach and education, and -cultural and diverse character. There is opportunities for the Art grants that intentionally leverages the power of the arts, culture and creativity to serve a a way that also builds character and quality of place. s Senior Center & Programs: The Bremerton Senior Center is committed to enriching senior lives in Bremerton by providing lifelong learning and recreational opportunities. The Bremerton Senior Center is owned and operated by the City of Bremerton Parks and Recreation Department. It is located in East Bremerton at the corner of 13th Street and Nipsic Avenue in the Manette area. The center provides recreational programs for the local population age 55 and better. Those programs include a variety of health and wellness programs (AARP Safe Driver Program, aerobics, computer lab, Tai Chi, etc.), to activities such as arts and crafts, performing arts and off-site trips. There is a current Comprehensive Plan policy: Housing Policy H2(E) that supports efforts to provide for a variety of housing options such as responding to the special needs of the growing elderly population within the City. Encourage a full range of housing options including retire housing complexes in all residential zones particularly in areas with direct proximity to services and amenities. Encourage programs which allow elderly to remain in their homes as long as possible. The proposed policies include additional consideration that may have not been addressed in the current Comprehensive Plan including: CDFI Funding: The Community Development Financial Institutions Fund (CDFI Fund) plays an distressed communities. By offering tailored resources and innovative programs that invest federal dollars alongside private sector capital, the CDFI Fund serves mission-driven financial institutions that take a market-based approach to supporting economically disadvantaged communities. These mission-driven organizations are encouraged to apply for CDFI Certification Attachment I and participate in CDFI Fund programs that inject new sources of capital into neighborhoods that lack access to financing. The City of Bremerton could partner with a local credit union, Housing Kitsap (as they were awarded $40,000,000 in 2003), or Community Frameworks (who is only now considering this option) to leverage access to this resource. A CDFI program currently being used in the County (and thus some in the City too) include Craft3 Water Loans for septic system repair (anyone can apply, but if you are low income household, the interested rate to the loan is less). Other programs include: Healthy Food Financing Initiative, match-funding for affordable housing units or start-up businesses, and programs for financial literacy or other training. The Kitsap Public Health District attended the July 2017 Planning Commission Workshop and to distressed area and areas with disadvantage populations. This information (and updated information with coordination with Kitsap Public Health District) will be used and considered when making land use decisions. This analysis also discussed the Adverse Childhood Experiences (ACEs) data. ACEs are a way to quantify impactful childhood experiences and the potential impacts on a growing community. Childhood experiences, both positive and negative, have a tremendous impact on future violence victimization and perpetration, and lifelong health and opportunity. As such, early experiences are an important public health issue. Much of the foundational research in this area have been referred to as Adverse Childhood Experiences or ACEs. Policies have been added to be sure to incorporate this information with land use and infrastructure planning. What does the current Comprehensive Plan state regarding this topic? Though PSRC did recommend that the City add policies for distressed areas and areas with disadvantaged populations, the current Comprehensive Plan (2016) has many existing policies that try to address this item. The City should take this opportunity to evaluate needed, or add more policies to address missing topics. The following is the Comprehensive Plan current goals or policies regarding this amendment: Land Use Chapter LU2-DRC(B): Utilize the slum and blight designation and other Department of Housing and Urban Development tools as appropriate to facilitate redevelopment opportunities in downtown. LU4(D): As there are no lands appropriate for designation as agricultural lands within the City or its Urban Growth Area, the City does encourage the local food movement and small urban gardens for the benefit of the neighborhoods; with prioritizing low-income neighborhoods. LU4(E): Promote healthy communities design that make it easier for people to live healthy lives through coordination with community groups, agencies, and businesses. Housing Chapter H2. Encourage the development of a variety of new housing options and densities to meet the H3. Support access to quality and affordable housing for all Bremerton residents. H1(C): Promote, and incentivize, private commitments to improve existing housing stock so that all housing is safe, sanitary, and in good repair. H1(D): Promote financial assistance for essential repairs to substandard structures that provide housing for low and moderate income persons. H2(E): Support efforts to provide for a variety of housing options such as: Attachment I o Emergency group housing, homeless shelters and short term housing to meet the needs of those in the lower income categories. o Promote housing for the special needs of students, particularly in the vicinity of Olympic College. Encourage apartments and dormitories in locations that directly service the college. o Plan for and support episodic surges and reductions in military personnel. Provide opportunities to allow for different housing densities to accommodate the diverse needs of military personnel. o Respond to the special needs of the growing elderly population within the City. Encourage a full range of housing options including retirement housing complexes in all residential zones particularly in areas with direct proximity to services and amenities. Encourage programs which allow elderly to remain in their homes as long as possible. o Provide for integration of special needs housing within the community by allowing for government-assisted housing, housing for low-income families, manufactured housing, group homes, and foster care facilities. o Encourage construction to meet and exceed ADA standards whenever possible. H3(B): Disperse below market rate, publicly assisted, affordable, and rental housing throughout such housing throughout the City to avoid concentrations in any particular area and encouraging development close to employment and public transportation. H3(E): Eliminate unnecessary regulatory impediments to the development of affordable housing. Housing Policy H4(B): Promote financial assistance for low and moderate incomes that assist in essential repairs to substandard structures. Support private sector low interest loan programs for such repairs, combined with public resources when available. H4(C): Target and enhance the use of tax incentives to improve affordable housing throughout the City, and particularly in Centers where housing is intended to be in close proximity to public transportation and employment. H4(E): Aim to improve coordinated, effective planning programs that improve access to affordable housing. Specifically promote intergovernmental cooperation and agreements that support strategies and programs to achieve City housing goals. Economic Development Chapter ED1(C): Entice development of start-up and small businesses by supporting home occupation businesses, incubator businesses, and mobile vendors. Educate property owners in development options and interests. ED1(D): Actively seek living wage jobs that benefit a broad cross-section of residents and encourage educational opportunities such as higher education and workforce training programs. ED3(B): Encourage rehabilitation programs, grant funding, and Local Improvement Districts for cleanup/repair of existing structures and infrastructure improvements especially in designated mixed use centers. ED5(C): Encourage community engagement and civic activities within Centers by promoting recreational activities and community events as these activities tend to enhance a sense of community and support local commerce. Transportation Chapter TR1(M): Recognize and accommodate the special transportation needs of the elderly, children, and persons with disabilities in all aspects of transportation planning, programming, and Attachment I ion for persons with disabilities using appropriate design standards. TR1(N): Support the transportation needs of traditionally underserved neighborhoods and vulnerable populations, through investment in equitable modes of transportation and equal spending throughout the City, in addition to potential catch-up investment for areas in need as necessary. TR4(L): Incorporate environmental factors into transportation decision-making, including attention to human health and safety. TR5(I): Encourage transportation agencies, especially public transit, to operate and maintain local/regional services and facilities that reduce the need for single-occupant vehicles and support the needs of transit-dependent users. Support efforts to expand usage and infrastructure for mass transportation. (Staff note: Many Transportation Policies highlight the need to coordinate with Kitsap Transit for mass transportation options). City Services Chapter CS1(C): Provide meaningful opportunities for community involvement. Provide regular volunteer opportunities to the general public and enlist residents for their talents (work to identify specific community assets and invite identified groups and citizens) to participate in governance. CS1(G): Provide a wide range of recreational opportunities for people of all ages. CS1(J): Continue coordination with the school district, recognizing that schools provide a unifying social and physical amenity that is a key focus for successful neighborhoods. CS2(E): Collaborate with citizens, public organizations, and non-profit agencies towards a proactive approach to social needs. CS2(F): Encourage social services that meet needs of a diverse population and develop appropriate criteria for locating social service facilities. CS2(G): Demonstrate awareness and consideration for special-needs populations. Environmental Chapter E1(D): Use the brownfields approach and grants to identify and restore potentially environmentally degraded property. E3(J): Coordinate with Kitsap Public Health District to abate environmental pollution from failing septic systems within City limits. Attachment II Proposed Comprehensive Plan Amendment #2: Summary: Refine description language regarding Naval Base Kitsap-Bremerton/Puget Sound Naval Shipyard Intermediate Maintenance Facility and its connection with the City; and make the military area part of the formally designated Downtown Regional Center. ŷźƭ ğƷƷğĭŷƒĻƓƷ źƭ ƚƩŭğƓźǩĻķ ǞźƷŷ ŅźƩƭƷ ƷŷĻ ƦƩƚƦƚƭĻķ ğƒĻƓķƒĻƓƷƭͲ ğƓķ ŅƚƌƌƚǞĻķ ĬǤ ğƓğƌǤƭźƭ Ʒƚ ƷŷĻ ƭƦĻĭźŅźĭ ƦƩƚƦƚƭĻķ ğƒĻƓķƒĻƓƷƭ͵ Planning CommissionProposal for Amendment #2: Planning Commission is proposing three revisions in respond to this proposed amendment: 1. Center and the military installation relationship. Staff is proposing removing the section cited above, with this proposal: LƓĭƌǒķĻķ ǞźƷŷźƓ ƷŷĻ 5ƚǞƓƷƚǞƓ wĻŭźƚƓğƌ /ĻƓƷĻƩ Λ5w/Μ ĬƚǒƓķğƩǤ źƭ ƷŷĻ ЍЉЉ ğĭƩĻƭ ƚŅ ƷŷĻ ƒźƌźƷğƩǤ źƓƭƷğƌƌğƷźƚƓʹ bğǝğƌ .ğƭĻ YźƷƭğƦΏ.ƩĻƒĻƩƷƚƓ ğƓķ tǒŭĻƷ {ƚǒƓķ bğǝğƌ {ŷźƦǤğƩķ ε LƓƷĻƩƒĻķźğƷĻ ağźƓƷĻƓğƓĭĻ CğĭźƌźƷǤ Λb.YΏ.Ή t{b{ ε LaCΜ͵ ŷźƭ ĻƭƭĻƓƷźğƌ ŅğĭźƌźƷǤ ƦƩƚǝźķĻƭ ğƓ ĻƒƦƌƚǤƒĻƓƷ ĬƚƚƓ Ʒƚ ƷŷĻ 5w/ ğƓķ ƷŷĻ ƩĻƒğźƓķĻƩ ƚŅ YźƷƭğƦ͵ 9ğĭŷ ķğǤ ƷŷƚǒƭğƓķƭ Ʀğƭƭ ĬĻƷǞĻĻƓ ƷŷĻ ĭƚƒƒƚƓ ĬƚƩķĻƩ ƭŷğƩĻķ ĬǤ b.YΏ.Ή t{b{ ε LaC ğƓķ ƷŷĻ 5ƚǞƓƷƚǞƓ wĻŭźƚƓğƌ /ĻƓƷĻƩ͵ ŷĻ 5w/ΉƒźƌźƷğƩǤ źƓƭƷğƌƌğƷźƚƓ ƩĻƌğƷźƚƓƭŷźƦ ƦƩƚǝźķĻƭ ğ ƒƚķĻƌ ƚŅ źƓƷĻƓƭĻ ĭƚƒƦğĭƷ ķĻǝĻƌƚƦƒĻƓƷ ǒƓƒğƷĭŷĻķ źƓ ğ ‘ĻƭƷ {ƚǒƓķ ƩĻŭźƚƓ ƷǤƦźŅźĻķ ĬǤ ĭƚƓƷźƓǒĻķ ƭƦƩğǞƌ͵ ŷĻ ƭǤƒĬźƚƷźĭ ƓğƷǒƩĻ ƚŅ ƷŷĻ 5w/ ğƓķ b.YΏ.Ή t{b{ ε LaC ĻƓƭǒƩĻƭ ƷŷĻ ƚƓŭƚźƓŭ ƭǒĭĭĻƭƭ ƚŅ Ļğĭŷ ƩĻƭƦĻĭƷźǝĻ ĻƓƷźƷǤͲ ǞŷźƌĻ ƦƩƚǝźķźƓŭ ğƓ ƚƦƦƚƩƷǒƓźƷǤ Ʒƚ ƭŷƚǞĭğƭĻ ğ ŅƚƩƒ ƚŅ ǒƩĬğƓźƭƒ Ʒƚ ƷŷĻ ƩĻŭźƚƓ͵ ŷƚǒŭŷ b.YΏ.Ή t{b{ ε LaC ğƩĻ źƓƷĻŭƩğƌ ƦğƩƷ ƚŅ ƷŷĻ Ћ͵ Revise the Downtown Regional Center geography and acreage size of the Downtown Regional Center to include the NBK-B/PSNS & IMF. 3. Planning Commission is also proposing to add a policy into the Land Use Element within the Puget Sound Industrial Center-Bremerton (PSIC-B) to better address the important connection between the NBK-B/ PSNS & IMF and the industrial Center: \[ Ώt{L/Λ–Μʹ ŷĻ /źƷǤ ƩĻĭƚŭƓźǩĻƭ ƷŷĻ źƒƦƚƩƷğƓƷ ƌźƓƉƭ ĬĻƷǞĻĻƓ ƷŷĻ t{L/Ώ. ğƓķ ƷŷĻ bğǝğƌ .ğƭĻ YźƷƭğƦΏ.ƩĻƒĻƩƷƚƓΉtǒŭĻƷ {ƚǒƓķ bğǝğƌ {ŷźƦǤğƩķ ε LƓƷĻƩƒĻķźğƷĻ ağźƓƷĻƓğƓĭĻ CğĭźƌźƷǤ ğƓķ ƭǒƦƦƚƩƷƭ ŅǒƩƷŷĻƩ źƒƦƩƚǝĻƒĻƓƷ Ʒƚ ƷŷĻ DƚƩƭƷ /ƚƩƩźķƚƩ ğƓķ ğƭƭƚĭźğƷĻķ Ʃƚğķƭ ŅƚƩ ƒƚƩĻ ĻŅŅźĭźĻƓƷͲ ƩĻƌźğĬƌĻͲ ğƓķ ƭğŅĻƩ ƒƚǝĻƒĻƓƷ ğƓķ ğĭĭĻƭƭ ŅƚƩ ŅƩĻźŭŷƷ ğƓķ ƷŷĻ ƦǒĬƌźĭ͵ The City of Bremerton developed as a city because of the siting location of the Naval Base by Navy Lt. A.B. Wyckoff in 1891, and the access to some of the deepest protected waterways of the western coast. Today, we call that area: Naval Base Kitsap-Bremerton (NBK) and the Puget Sound Naval Shipyard and Intermediate Maintenance Facility (PSNS & IMF). As citizens of Bremerton, we understand and see the impact the local naval base has on community every day. Some of those impacts include providing over Attachment II 15,000 essential living wage jobs to our city, when an aircraft carrier is home ported for two yearsan additional 3,000 sailors call this area their temporary home (there can be multiple carriers ported at any one time in the city), the shipyard employees mass exodus impacts to our transportation system and the Though we see the impacts of the adjacent military installation, when doing regional planning it has become apparent to Staff that this fact is not clear to other municipalities and the region wide planning group: the Puget Sound Regional Council (PSRC). The City is part of PSRC which is a council that helps direct regional planning for the four counties around the central Puget Sound: King, Pierce, Snohomish and Kitsap County. Many municipalities assume that military bases impact nearby cities, but not as greatly impact their urban city centers (prime examples are Joint Base Lewis McChord (JBLM) and NBK- Bangor impacts Silverdale) because those bases have a large greenbelt around the core military area so those large commercial/residential centers are not as directly impacted as they are in Bremerton. For Bremerton, NBK-Bremerton and PSNS/IMF is directly adjacent to our Downtown Regional Core (not very typical due to military encroachment issues). Planning Commission is proposing to add more into the Comprehensive Plan to better address the connection between NBK-Bremerton and our downtown and also to propose an expansion of the Downtown Regional Center to include the military area. One question that has been brought up is: if NBK-Bremerton is adjacent to downtown, why was this area not already added into our Downtown Regional Center? That is because the City has no regulatory authority on development within the federal military land. NBK-Bremerton/PSNS-IMF does have to comply with federal regulations and the City did adopt a Joint Land Use Study (2015) that does assist in additional coordination and planning efforts/limitations between the City and the military base. As such, the City saw no need to add this area into the Downtown Regional Center, however as PRSC is currently current Downtown Regional Center is appearing less dense than it currently is when in fact the activities that occur on base have direct and real impact on this center. When it appears less dense to our regional planning group, the City is concerned about reduced opportunities for funding and other resources. As discussed above, the NBK-Bremerton/PSNS-IMF directly impacts the Downtown Regional Center, but as this area grows and potential needs of the military needs grow, many conversations have been discussed to better utilize the Puget Sound Industrial Center- Industrial Center) for military support. Currently the military rail and major highways does traverse through the Puget Sound Industrial Center-Bremerton (PSIC-B), and thus development of military components could be manufactured out in the PSIC-B and quickly railed or trucked (through Gorst) into the shipyard. The current Comprehensive Plan is silent about the connection NBK-B/PSNS-IMF, the Gorst corridor and the PSIC-B. Planning Commission is proposing to add a policy to recognize this important connection. What does the current Comprehensive Plan state regarding this topic? Within the 2016 Comprehensive Plan, within the Land Use Element the Downtown Regional Center the following is provided regarding this proposed amendment: -Bremerton provides an employment boon to the DRC and the remainder of Kitsap. Each day thousands pass between the common border shared by Naval Base Kitsap-Bremerton and the Downtown Regional Center. The DRC/Naval Base Kitsap relationship provides a model of intense compact development unmatched in a West Sound region typified by Attachment II continued sprawl. The symbiotic nature of the DRC and Naval Base ensures the ongoing success of each respective entity, while providing an opportunity to showcase a form of Attachment III Proposed Comprehensive Plan Amendment #3: Summary: Correct mapping omission/error of 0.5 acre of one parcel near Werner Road. Planning CommissionProposal for Amendment #3: To revise the Comprehensive Plan and Zoning Code Land Use Maps to designate this 0.5 acre portion of the parcel as Industrial. To better recognize the existing surrounding uses, the proposal will make the subject parcel a split-zone lot, with half the lot as Low Density Residential and the other half the proposed Industrial designation. Since 2005 and further implemented in 2016, the southern portion of a parcel (tax parcel number 202401-2-026-2009) has not had a land use designation assigned though it is located with the City of Bremerton jurisdiction. The vicinity map and the subject area is highlighted in the red box in the following analysis. The surrounding existing land use designation is Industrial and Low Density Residential to the north, with land use designation of Mineral Resource directly to the west and Rural Protection designation closer to Kitsap Lake. The northern half of the parcel is designated Low Density Residential (LDR) as there are three existing single-family homes directly west of this portion of the parcel in question. Planning Commission is proposing to designate the southern the site. Please note that this request for correcting a mapping error is from the City and has not been proposed by the property owner. At this time the property is to remain as is, as a portion of the access road to their mining activities that are currently happening in the County lies southwest of this subject property. This amendment will correct the area-wide rezone in 2005 that accidently omitted this portion of the parcel. Single Family Homes Rural Protection Werner Road ---> /źƷǤ (RP) Industrial (I) Active Mining /ƚǒƓƷǤ Site (permitted by Kitsap County) Mineral Resource LDR (MR) What does the current Comprehensive Plan state regarding this topic? designation for the 0.5 acre southern portion of the subject parcel. City Attachment IV Proposed Comprehensive Plan Amendment #4: {ǒƒƒğƩǤʹ Proposed minor amendments to the Gorst Subarea Plan. The Gorst Subarea Plan was adopted in 2013 to better prepare the City for potential annexation of this area. A subarea plan is a guiding planning document that has allowed/prohibited uses and development regulations that are subarea plans are the Downtown Subarea Plan and the Puget Sound Industrial Center-Bremerton Subarea Plan). Kitsap County and the City of Bremerton both adopted the same subarea plan to provide a smooth transition for the property owners upon annexation. Currently Gorst is still within the Kitsap County jurisdiction, but Staff will be seeking support of annexation to incorporate this area into the City in the near future. The Gorst Subarea Plan can be located at the following City website: http://www.ci.bremerton.wa.us/696/Documents Gorst Subarea Plan proposed amendments include updating the Gorst Subarea Plan to be consistent with National Pollutant Discharge Elimination System (NPDES) permit update. In the 2016 Comprehensive Plan update, all the other subarea plans and regulatory documents within the City were updated to be consistent with the State mandated NPDES permit update. The Gorst Subarea was not updated, and as such, Planning Commission is now proposing a few amendments to be consistent with the state requirements. Please note that these updates are more development regulation in nature, but as the subarea plan has blurred lines regarding what constitutes Comprehensive Planning versus development regulations, Planning Commission decided to address these proposed amendments through this process as the annual update of the Comprehensive Plan is the more restrictive procedure (Comprehensive Plan is only allowed to update annually, while the Zoning Code can be updated as needed). Other minor amendments include revising Zoning Code references to sections of the code that have been revised. An example of this is the Gorst-specific land use designations, for example Neighborhood Mixed Use zoning references the Neighborhood Center Core (NCC) zoning within the Bremerton Municipal Code; the NCC zone was revised to be consolidated with the Neighborhood Business (NB) zone. The proper citation of NB within the Neighborhood Mixed Use zone should be amended in the Gorst Subarea Plan. Planning Commission is also recommending removal of the majority of the Kitsap County-specific regulations, comprising the entire used as the Gorst UGA will be under regulative authority to the City. Planning Commission is recommending a more abbreviated Chapter 9 that references the Kitsap County adopted Ordinance and notes to the purpose of this chapter. ‘ŷğƷ ķƚĻƭ ƷŷĻ ĭǒƩƩĻƓƷ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ƭƷğƷĻ ƩĻŭğƩķźƓŭ Ʒŷźƭ ƷƚƦźĭͪ The Gorst Subarea Plan contains a portion of the Comprehensive Plan (chapters 1 through 6) and development regulations (chapters 7, 8, 10 and 11; and Kitsap County regulations in chapter 9). In no additional policies are required to address the Planning Commission recommended amendments. Attachment IV To amend the Gorst Subarea Plan in the following ways: Assigned Page Number/ Changes Reasoning No. Section 4.1 Page 4-3: Goals Policy UGA-7. Wherever In 2016, the City of Bremerton and Policies practicable, rRequire low performed a review of all current City impact development codes and proposed amendments to measures such as infiltration comply with the recent update the for new development and Stormwater program, including Low redevelopment. Where Impact Development and the National impractical, stormwater Pollutant Discharge Elimination detention may be allowed. System (NPDES) Permitting. For this analysis, that Report shall be called The Stormwater Update Report request that the City revise the Policies to address the Department of Ecology Stormwater Update which now requires properties to manage their Stormwater on site (providing for Stormwater facilities cannot be used as an incentive). 4.2 Page 8-3: {ƷƚƩƒǞğƷĻƩ Add section as recommended by the Chapter 8 Stormwater Update Report to address Introduction Phase II permit requirements conflicting terminology (such as for Low Impact Development er (LID) integration, BMC 15.04 has a provision that supersedes any conflicting or old terminology that can be located within this subarea plan. That includes definition for: bioswales, permeable paving, green roof, and the Stormwater manual. 4.3 Page 8-7: 4. Neighborhood Mixed Use During the 2016 Comprehensive Plan Neighborhood (NMU) Update, the City consolidated many Mixed-Use i. PERMITTED USES commercial districts. Due to this a. Permitted Uses: Permitted consolidation, the commercial district uses in the Neighborhood cited for this proposal (Neighborhood Mixed Use district shall be Commercial Core) has since been consistent with BMC removed and consolidated to 20.66.020 BMC 20.82.020 Neighborhood Business designation. This amendment would revise permitted use section of NMU zone to cite the most appropriate comparable Attachment IV zoning of BMC 20.82.020, Neighborhood Business. The intent of Neighborhood Center Core and Neighborhood Business are very comparable in intensity. 4.4 Page 8-8: 5. Commercial Corridor Due to the same rationale for Commercial Intent: The intent of the Amendment #4.1 above, the Corridor commercial corridor (CC) Commercial Corridor (CC) zoning has General Commercial (GC) been consolidated into the new district is to provide locations for high intensity commercial such, this section of the code should uses serving the entire be revised to cite appropriate zoning. community while preserving The intent of the Commercial Corridor maritime views, forested and newly General Commercial are areas, and buffering impacts very comparable in intensity. to adjacent residential areas. The corridor accommodates Please note that the cited BMC access to businesses by section, BMC 20.62, did not change automobile while also when revised to General Commercial, creating a pedestrian-friendly, so the Use Standards and Dimensional transit-supporting corridor. and Development Standards do not change. 4.5 Page 8-9: ii. Commercial Corridor Same rationale as 4.4 Dimensional & General Commercial and Development Industrial zones shall meet Standards the standards of BMC 20.62 and 20.94 respectively. 4.6 Page 8-3: Figure Change land use zoning from Same rational as 4.4 8-2 Gorst Zoning Map General Commercial 4.7 Page 8-12: iii. Clearing and Grading: The Stormwater Report recommended Environmental amending this section of code to Standards require vegetation clearing promote preservation of native shall be designed to avoid the vegetation, and not all non-hazardous following in the order vegetation. indicated below, with 1 being the most desirable vegetation to retain: 1) native coniferous trees, significant, or heritage trees; 2) native deciduous trees; and 3) other native vegetation.; 4) non-native trees; and 5) other non-native vegetation. 4.8 Page 8-14: Table Footnote #1: 1 Vegetation Same rationale as stated above for 8-2 Gorst Creek shall be planted in this order #4.7. Attachment IV Management of preference: 1) native Zones coniferous trees, significant, or heritage trees; 2) native deciduous trees; 3) other native vegetation. Trees and shrubs may be placed in natural groups to allow for view preservation and trails 4.9 Page 8-14: Ѝ͵ 9ƓǝźƩƚƓƒĻƓƷğƌ {ƷğƓķğƩķƭ The Stormwater Update Report Environmental {ƷƚƩƒǞğƷĻƩ request that the City this section to Standards - i. Inclusion of Low Impact address the Department of Ecology Stormwater Development (LID) and Stormwater Update which has specific Feasibility Determination. All requirements for managing development in Gorst is Stormwater. required to meet the Stormwater management requirements of the Stormwater manual in BMC Chapter 15.04.020 and shall incorporate LID. to the maximum extent feasible. The following section should not conflict with the Department of Ecology (ECY) Stormwater Update and BMC 15.04.020 provisions supersede any conflicting requirements. Please refer to BMC 15.04.020 for further guidance. a. Site Evaluation Dispersion: A site evaluation shall assess the feasibility for dispersion, including topography, sensitive slopes and required setbacks. Where dispersion is feasible for all or part of the site, this method shall be used. In areas where dispersion is not feasible, infiltration shall be used if feasible. b. Site Evaluation Infiltration: The evaluation shall assess the feasibility of infiltration, including a soils reconnaissance and Pilot Infiltration Test (PIT) for any Attachment IV outwash soils identified where infiltration may be possible. Where infiltration is feasible for all or part of the site, it shall be implemented. c. Where Full Infiltration is Not Feasible: In areas where full infiltration is not feasible, LID BMPs per Subsection (b) below shall be used for all water quality treatment and partial flow control. Projects shall meet water quality treatment needs with LID BMPs if feasible. db. Site Soils: Site soils in landscaped areas shall be amended pursuant to manuals described in Subsection (b)(1) below the Stormwater manual in BMC Chapter 15.04.020. e. Limit Impervious Surfaces: Impervious surfaces shall be limited to the greatest extent feasible and shall comply with the provisions of Section 8.C. 4.10 Page 8-16: Table Project provides a clustered Remove three of the four Stormwater 8-3 Public residential project with LID incentives, as since the Department of Benefit and street per Chapter 10. Ecology Stormwater Update requires Incentives Stormwater mitigation, and it should Stormwater Project uses permeable no longer be allowed as an additional surfacing or detention/ incentive for greater intensity of infiltration methods to reduce development. overland flow in excess of the 100-year storm requirement, in 75% of circulation, parking and loading areas, except where potential contamination, a specific industrial activity or other site specific constraints precludes its use. Contamination sources include vehicle fuel stations, storage of industrial chemicals, oils and grease, and other hazardous Attachment IV substances, dust and dirt storage, etc. Project locates bioretention cells in publicly visible areas, includes a planting plan by a licensed landscape architect, provides a plant maintenance warranty for 1 year. Bioretention cells treat a minimum of 10,000 sq. ft. of Pollution Generating Impervious Surfaces (PGIS). 4.11 Multiple CĻƓĭĻƭͲ ‘ğƌƌƭͲ ğƓķ tƌğƓƷĻƩƭ The City has had substantial sections of Fences, walls, or planters not consideration on fences and walls, and Chapter 10: exceeding 42 inches in height has developed a code in BMC Design above the sidewalk grade are 20.46.020 to address such. Gorst Guidelines; permitted. Fences and Walls should comply with citywide Pages 10-8, 10-shall comply with the standards. Plants are not regulated as 12, 10-15, 10-provisions of BMC 20.46.020 fences or walls. 18, 10-20 Fences and Walls. 4.12 Chapter 9: Remove this chapter as it is The City of Bremerton and Kitsap Pages 9-1 to 9-related to Kitsap County County adopted the same Subarea 58 Code, but make reference to Plan, but to better prepare for the coordination between the annexation, this chapter should be City and the County on this removed and have reference to the plan. Replace with the coordination that the County and City following language: when through in 2013. This chapter has been adopted and incorporated into the Kitsap County Codes and thus has been removed from this City of Bremerton adopted Gorst Subarea Plan. This joint effort was essential to the Gorst Community to have similar land use regulations from the County to the City to minimize the impacts on the property owners upon an annexation of this area. 4.13 II Credits Allison Daniels-(Satter) Adding married name DRAFT Subject to November 28, 2017, Approval CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING October 17, 2017 CALL TO ORDER: Chair Wofford called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m. ROLL CALL Commissioners PresentStaff Present Chair WoffordAndrea Spencer, Director, Department of Community Development Vice Chair Tift Allison Satter, Senior Planner, Department of Community Development Commissioner ConleyRyan Crater, Senior Planner, Department of Community Development Commissioner Goodnow Commissioner Nerf Commissioners Absent Commissioner Jones(excused) Commissioner Strube (excused) Quorum Certified APPROVAL OF AGENDA VICE CHAIR TIFT MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER GOODNOW SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. APPROVAL OF MINUTES VICE CHAIR TIFT MOVED TO APPROVE THE MINUTES OF SEPTEMBER 19, 2017 AS PRESENTED. COMMISSIONER NERF SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY PUBLIC MEETING Call to the Public (public comments on any item not on the agenda) Chair Wofford asked if there were any comments from citizens. Seeing none, he closed the public portion of the meeting. Public Hearing: Annual Amendments to the Comprehensive Plan Ms. Satter reviewed that the Commission conducted two workshops to review the proposed 2017 Comprehensive Plan amendments, and staff has completed the associated environmental review. The amendments are now before the Commission for a public hearing and a recommendation to the City Council. She referred the Commissioners to an email from Commissioner Nerf, which outlines minor changes to the proposed amendments, noting that staff is supportive of the changes.She reviewed each of the amendments as follows: th Amendment 5 Land use change for property at 15 and Thompson. Ms. Satter advised that this amendment was withdrawn by the applicant, and it is no longer up for discussion. The land use designation for the property will remain Low Density Residential instead of becoming General Commercial as proposed. Amendment 1 Policies regarding distressed areas and areas with disadvantaged populations. Ms. Satter explained that the Puget Sound Regional Council (PSRC) has recommended that the City add policies to include efforts for programs and provisions for distressed areas and areas with disadvantaged populations. Over the past year, staff has identified the important work the City has already done by implementing Comprehensive Plan policies and programs. In addition, staff recommends amendments to the Comprehensive Plan to improve the public process to include people who are not at the table now; further recognize the Community Development Block Grant Program, and support further Ms. Satter pointed out that the Kitsap County Public Health District has been a great proponent, helping the City through the process, providing recommendations and working to find out what other jurisdictions have done. City staff will continue to work with the Health District, as well as other like agencies, in an attempt to include more people at the table. Ms. Satter said staff is recommending that the changes submitted prior to the meeting by Chair Wofford be incorporated into the amendment. They y broader, eliminating the extra commas in Policies CS-7 and ED-10, and changing the word Amendment 2 Refine narrative and Downtown Regional Center boundary to include Naval Base Kitsap- Bremerton (NBK-Bremerton)/Puget Sound Naval Shipyard and Intermediate Maintenance Facility (PSNS and IMF). Ms. Satter Puget Sound Industrial Center (PSIC) and NBK-Bremerton and PSNS. She explained that because the City does not have any jurisdiction over regulating NBK-Bremerton, it is not currently included as part of the PSIC boundary and the Comprehensive Plan is silent about the significant impacts the military installation has on the community. While the City staff has a clear understanding of these impacts, this fact is not as clear to other municipalities and the PSRC. To address this issue, staff is proposing that the language in the Land Use Element of the Comprehensive Plan be amended authority. In addition, the boundaries of the Downtown Regional Center would be expanded to include the military installation. Lastly, a policy would be added to the Puget Sound Industrial Center-Bremerton to further recognize the integral connection to the shipyard/military base. Amendment 3 Correct map designation omission/error of 0.5-acre parcel near Werner Road to Industrial designation. Ms. Satter advised that this amendment would correct a mapping error that was omitted from the 2016 update. A ½-acre parcel in the area-wide zoning of Industrial did not have a land use designation associated with it. She referred to Attachment 3, which makes it clear that, if Amendment 3 is adopted, the zoning map is also proposed to be amended to add missing zoning to be consistent with the Comprehensive Plan. Amendment 4 Limited minor amendments to the Gorst Subarea Plan. Ms. Satter said this amendment would make minor updates to the Gorst Subarea Plan. As proposed, the amendment would correct the stormwater references to originally offered as incentives are now going to be requirements. Other changes include updates to the code references from the 2016 update and removing the Kitsap County Specific Section (Chapter 9). Once the area is annexed into the City, the Kitsap County regulations will no longer apply. Ms. Satter explained that, following the public hearing, the Planning Commission will deliberate and provide a recommendation to the City Council. She summarized that the Commission is required to review all changes concurrently to assess their cumulative effect on the City and environment. Secondly, they should consider whether the change is simply correcting an error. If the amendment does not specifically correct an error, all of the following criteria must be met: DRAFT Bremerton Planning Commission Minutes October 17, 2017 ~ Page 2 of 4 Is it compliant with the Growth Management Act? Is it consistent with the Comprehensive Plan policies and plans? Is it compatible with existing or planned land use and the surrounding development pattern? It will not adve benefitting the public health, safety and welfare. Ms. Satter reviewed that following its deliberation, the Planning Commission can recommend that the City Council adopt the 2017 Comprehensive Plan Amendment Docket as drafted by staff and presented in the Staff Report and attachments; recommend the City Council adopt the 2017 Comprehensive Plan Amendment Docket as modified by the Commission; or recommend denial of any part of the 2017 Comprehensive Plan Amendment Docket. A public hearing before the City Council is scheduled for November 15th. Chair Wofford opened the public hearing. th Samantha Scott, Bremerton, asked if the public would have an opportunity to address the City Council on November 15, and Chair Wofford answered affirmatively. There was no one else in the audience who wished to participate in the hearing, and Chair Wofford closed the hearing. Commissioner Goodnow asked if the amendments would be fully integrated into the Comprehensive Plan, and Ms. Satter answered that, following City Council approval, the Comprehensive Plan would be updated to incorporate the changes. BASED ON THE FINDINGS AND CONCLUSIONS INCLUDED IN ATTACHMENT V, VICE CHAIR TIFT MOVED TO RECOMMEND THAT THE CITY COUNCIL ADOPT THE PROPOSED AMENDMENTS TO THE COMPREHENSIVE PLAN AS DETAILED IN THE STAFF REPORT AND ATTACHMENTS, INCLUDING THE CHANGES PRESENTED AT THE MEETING. COMMISSIONER GOODNOW SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. BUSINESS MEETING Chair Report Chair Wofford announced that the Commission would elect new officers for 2018 at their next meeting. Director Report Director Spencer introduced Ryan Crater, a Senior Planner for the City. th Director Spencer reminded the Commission that the November meeting was rescheduled to November 28, which is the week after Thanksgiving. Old Business There was no old business. New Business: Bylaw Review rd Director Spencer proposed that the Commission change its meeting date to the 3 Monday of each month starting January 2018. Staff is finding conflicts with special events and it is a challenge for staff to have Commission meetings on Tuesday night, followed by Wednesday City Council meetings. If the Commission concurs with the change it could be brought back to the next meeting for final approval. When a regular meeting falls on a holiday, it can be moved to the week before or the week after. The Commission agreed that staff should present the proposed amendment to the bylaws for final approval at th their November 28 meeting. DRAFT Bremerton Planning Commission Minutes October 17, 2017 ~ Page 3 of 4 ADJOURNMENT The meeting was adjourned at 5:51 p.m. Respectively Submitted by: ______________________________ ______________________________ Andrea L Spencer, AICP Nick Wofford, Chair Executive Secretary Planning Commission DRAFT Bremerton Planning Commission Minutes October 17, 2017 ~ Page 4 of 4 ORDINANCE NO. ____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, to (1) amend the Comprehensive Plan as follows: Add and amend policies for distressed areas and areas with disadvantaged populations; refine and add policies regarding the Downtown Regional Center boundaries to include the Naval Base Kitsap - Bremerton & the Puget Sound Naval Shipyard; minor amendments to the Gorst Subarea Plan; and correct mapping within the Land Use Map to illustrate that 0.5 acre of one parcel near Werner Road is Industrial designated; and (2) to amend the official Zoning Map to be consistent with the Comprehensive Plan amendment to correct the mapping error to illustrate that 0.5 acre parcel near Werner Road is Industrial zoned. WHEREAS, the City of Bremerton adopted a Comprehensive Plan on May 18, 2016, by Ordinance No. 5299; WHEREAS, the Washington State Growth Management Act ("GMA") requires internal consistency among comprehensive plan elements and applicable regional plans; and WHEREAS, the City of Bremerton adopted the Gorst Subarea Plan by Ordinance No. 5237 on December 18, 2013, and it was incorporated as part of the 2016 Comprehensive Plan Ordinance No. 5299; and WHEREAS, the City of Bremerton has no regulatory authority over Naval Base- NBK-B) military base as it is federal property, however the NBK- population and employment counts should be tabulated into the City of Bremerton, county-wide planning policies and regional planning documents and efforts; and WHEREAS, the City adopted an area-wide land use classification and zoning for the Comprehensive Plan: Land Use Map (Ord. No. 5299) and Zoning Map (Ord. No. 5301 on May 18, 2016) which included a mapping error with the omission of a 0.5 acre parcel (parcel identification number 202401-2-026-2009) along Werner Road; and WHEREAS, the zoning classification must be consistent with the Comprehensive Plan; and WHEREAS, to assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once each year unless an emergency exists; and 1 2017 Comp Plan and Zoning Map Amendment WHEREAS, the City of Bremerton has established a procedure for amending the Comprehensive Plan in Title 20.10.010 of the Bremerton Municipal Code (BMC), that limits amendments to the Comprehensive Plan to no more than once each year; and WHEREAS, the Planning Commission conducted two workshops on the 2017 Comprehensive Plan amendment proposal on June 20, 2017 and July 18, 2017; and WHEREAS, on August 10, 2017, the Washington State Department of Commerce received notification of the Comprehensive Plan Amendment docket for 2017; and WHEREAS, one public comprehensive plan amendment application was submitted in the 2017 Comprehensive Plan amendment docket but was withdrawn by the applicant on August 10, 2017, all other amendments are initiated by staff; and WHEREAS, on September 8, 2017, a SEPA Determination of Nonsignificance was issued for amendment docket items with an administrative appeal deadline of September 22, 2017, and no appeals were filed; and WHEREAS, on October 7, 2017, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the Planning Commission; and WHEREAS, on October 17. 2017, the Planning Commission conducted a public hearing on the 2017 Comprehensive Plan Amendment Docket, and the Planning Commission recommended the City Council approve the amendments as presented; and WHEREAS, on November 4, 2017, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on November 15, 2017, the City Council conducted a public hearing and considered all testimony prior to their decision; and WHEREAS, the proposal meets requirements of the GMA; and WHEREAS, the proposal is consistent with Kitsap County Countywide Planning Policies (KCCPP); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are hereby adopted and incorporated as set forth in full. 2 2017 Comp Plan and Zoning Map Amendment SECTION 2. The findings and conclusions adopted by the Planning Commission on October 17, 2017, and attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 3. The City of Bremerton Comprehensive Plan, as adopted by Ordinance No. 5299, is hereby amended by approving and adopting docket items 1-4 as follows: Docket Items: 1. Policies for Distressed Areas and Areas with Disadvantage Populations: Add the following policies to the Comprehensive Plan: more particularly described in Exhibit B affixed hereto. a. Land Use Element: Citywide Policies, Page LU-8: LU2(G): Strive to decision making process. Recognize that Br comprised of people of all ages, racial and ethnic backgrounds, income levels, and abilities. The City will include the following during planning and decision making process: Identify the demographics of potentially affected communities when initiating a project. Monitor participation throughout the process to assess whether participation corresponds with affected communities, and adapt involvement practices and activities accordingly to increase effectiveness at reaching targeted audiences. Ensure the inclusion, engagement and participatory decision-making of all segments of the population, including those who are traditionally underrepresented. Design public processes to engage people that may not live in Bremerton, such as, employees, employers, students, and those that visit the city for a variety of reasons. b. Land Use Element: Citywide Policies, Page LU-9: LU4(F): Make progress towards eliminating health disparities and mitigating impacts on underrepresented populations. c. Land Use Element: Citywide Policies, Page LU-9: LU4(E): Work to ensure that citizens of all cultures, ethnicities, abilities and economic backgrounds have access to the opportunities they need to advance their well-being and achieve their full potential. d. Economic Development Element: Page ED-8: ED1(F): Continue the (CDBG) to access federal block grant programs and funding to address a wide range of community development needs, including expanding economic opportunities, and providing a suitable living environment and decent housing--principally for our low- and moderate-income community members. As funding is limited, the City should encourage leveraging the minimal public funding available for projects that require additional private investments and commitments. 3 2017 Comp Plan and Zoning Map Amendment e. Economic Development Element: Page ED-10: ED5(D): The City should pursue access to funding opportunities for distressed areas and disadvantaged populations. This can include coordinating with a local organizations or financial institutions to seek other funding possibilities such as the Community Development Financial Institutions Fund (CDFI Fund) to provide opportunities to disadvantage populations within the City. f. City Services Element: Page CS-7: CS1(J): Promote the success of Bremerton's youth through land use and infrastructure investment decisions. Continue the coordination with the Kitsap Public Health District, School Districts and other youth groups. g. City Services Element: Page CS-7: CS1(K): Grow communities that support multiple generations by providing safe and convenient opportunities for recreation and social gathering, along with accessible housing to meet the needs of youth, families and older adults. 2. Downtown Regional Center/Naval Base-Kitsap: Bremerton: Amend the Comprehensive Plan to demonstrate the integral relationship between the Downtown Regional Center and the Naval Kitsap-Bremerton/Puget Sound Naval Shipyard Intermediate Maintenance Facility in the following ways, more particularly described in Exhibit C affixed hereto: a. Land Use Element-Downtown Regional Center description: Page LU-17: Revise Downtown descriptive language to include (second paragraph): Included within the Downtown Regional Center (DRC) boundary is the 400 acres of the military installation: Naval Base Kitsap-Bremerton and Puget Sound Naval Shipyard & Intermediate Maintenance Facility (NBK- B/ PSNS & IMF). This essential facility provides an employment boon to the DRC and the remainder of Kitsap. Each day thousands pass across the common border shared by NBK-B/ PSNS & IMF and the Downtown Regional Center. The DRC/military installation relationship provides a model of intense compact development unmatched in a West Sound region typified by continued sprawl. The symbiotic nature of the DRC and NBK- B/ PSNS & IMF ensures the ongoing success of each respective entity, while providing an opportunity to showcase a form of urbanism to the region. Though NBK- downtown, the City recognizes that this area is federal lands and thus is b. Land Use Element-Land Use Map: Page LU-11: Revise the Downtown Regional Center geography to include the military area for the NBK- B/PSNS & IMF. c. Land Use Element-Puget Sound Industrial Center-Bremerton: Page LU- 29: A dd a policy into the Land Use Element within the Puget Sound Industrial Center-Bremerton (PSIC-B) to better address the important connection between the NBK-B/ PSNS & IMF and the industrial center: LU1-PSIC(B): The City recognizes the important links between the PSIC- 4 2017 Comp Plan and Zoning Map Amendment B and the Naval Base Kitsap-Bremerton/Puget Sound Naval Shipyard & Intermediate Maintenance Facility and supports further improvement to the Gorst Corridor and associated roads for more efficient, reliable, and safer movement and access for freight and the public. 3. Land Use Map: Amend the Land Use Map #4 (Pg. LU-13) to correct mapping error/omission to include and designate 0.5 acre of one parcel near Werner Road to Industrial, more particularly described in Exhibit D affixed hereto; 4. Gorst Subarea Plan: Minor amendments to the Gorst Subarea Plan, more particularly described in Exhibit E affixed hereto. SECTION 4. Related to Land Use Mapping correction of Amendment 3 in Section 2 and as illustrated in Exhibit D, the City of Bremerton Zoning Map, as adopted by Ordinance No. 5301, is hereby amended by correcting a mapping error for the omission of 0.5 acre of one parcel near Werner Road to apply Industrial zoning to the omitted parcel on Zoning Map #4 to ensure consistency with the Comprehensive Plan, more particularly described in Exhibit F affixed hereto; SECTION 5. Severability. If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. 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 the___________ day of ____________________, 2017. ERIC YOUNGER, Council President Approved this ___________ day of ____________________, 2017. PATTY LENT, Mayor 5 2017 Comp Plan and Zoning Map Amendment ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2017. EFFECTIVE the _________day of ______________________, 2017. ORDINANCE NO. ____________ 6 2017 Comp Plan and Zoning Map Amendment discouraging LU3( Dƚğƌ \[ Ѝ͵ tƩƚƒƚƷĻ ĭƚƒƒǒƓźƷǤ ŷĻğƌƷŷ ĬǤ ğƌƌƚǞźƓŭ ƚƦƦƚƩƷǒƓźƷźĻƭ ŅƚƩ ŷĻğƌƷŷǤ ƌźŅĻƭƷǤƌĻ ĭŷƚźĭĻƭ͵ LƒƦƌĻƒĻƓƷźƓŭ tƚƌźĭźĻƭ ŅƚƩ Dƚğƌ \[ Ѝʹ LU4(F):Makeprogresstowardseliminatinghealthdisparitiesandmitigatingimpacts 5w/ Λ5ƚǞƓƷƚǞƓ wĻŭźƚƓğƌ /ĻƓƷĻƩΜ Included within the Downtown Regional Center (DRC) boundary is the 400 acres of the military installation: Naval Base Kitsap-Bremerton and Puget Sound Naval Shipyard & Intermediate Maintenance Facility (NBK-B/ PSNS & IMF). This essential facility provides an employment boon to the DRC and the remainder of Kitsap. Each day thousands pass between the common border shared by NBK-B/ PSNS & IMF and the Downtown Regional Center. The DRC/military installation relationship provides a model of intense compact development unmatched in a West Sound region typified by continued sprawl. The symbiotic nature of the DRC and NBK-B/ PSNS & IMF ensures the ongoing success of each respective entity, while providing an opportunity to showcase a form of urbanism to the region. 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ΛtǒŭĻƷ {ƚǒƓķ LƓķǒƭƷƩźğƌ /ĻƓƷĻƩ Α .ƩĻƒĻƩƷƚƓΜ tǒŭĻƷ {ƚǒƓķ LƓķǒƭƷƩźğƌ /ĻƓƷĻƩ Α .ƩĻƒĻƩƷƚƓ ΛŅƚƩƒĻƩƌǤ ƦƌğƓ͵ ŷźƭ ğƩĻğ ŷğƭ ĬĻĻƓ źķĻƓƷźŅźĻķ ĬǤ ƷŷĻ tǒŭĻƷ {ƚǒƓķ wĻŭźƚƓğƌ /ƚǒƓĭźƌ͸ƭ źƭźƚƓЋЉЍЉ tƌğƓ ğƭ ƚƓĻ ƚŅ tǒŭĻƷ {ƚǒƓķ LƓķǒƭƷƩźğƌ /ĻƓƷĻƩ Α .ƩĻƒĻƩƷƚƓ {ƦĻĭźŅźĭ \[ Њʹ tƌğƓ ŅƚƩ DƩƚǞƷŷ KIT SA P LAND USE MAP #4 F IT Z W A T E R T N O M L I W 6 T H 1ST O S H IP V IE W M C K JA RS ETA D N N A F A L L S BELF AIR V ALLE Y C LA IR CAMAS S N VA E L IL B Puget Sound Industrial Center-Bremerton (PSIC-B) Land Use Designations Bay Vista Subarea Plan (BVSAP) City Utility Lands (CUL) Freeway Corridor (FC) General Commercial (GC) Industrial (I) Low Density Residential (LDR) Puget Sound Industrial Center Bremerton (PSIC-B) Watershed (WS) Subarea Plan Center Mineral Resource Overlay CO ZY 00.510.25Miles Kitsap County ǞźƷŷ ƷŷĻ ŅƚƌƌƚǞźƓŭ ğķķźƷźƚƓƭͶ zoning Corridor ķĻƭźŭƓğƷźƚƓ ͻDĻƓĻƩğƌ /ƚƒƒĻƩĭźğƌ͵ͼ !ƭ creatin transit ii. Standards 8-ͻ/ƚƒƒĻƩĭźğƌ /ƚƩƩźķƚƩͼ Ʒƚ ͻͼ Ĭ͵ Ͷ5ĻǝĻƌƚƦƒĻƓƷ ƚƩ ǒƭĻƭ ƷŷğƷ Standards - trees trees vegetation - vegetation. 8- Zones Ѝ͵9ƓǝźƩƚƓƒĻƓƷğƌ {ƷğƓķğƩķƭ Α {ƷƚƩƒǞğƷĻƩ Stormwater . Α feasible. Α db 8 stre Α Stormwater 100- CĻƓĭĻƭͲ ‘ğƌƌƭͲ ğƓķ tƌğƓƷĻƩƭ sec permitted. - - 58 LL Α /ƩĻķźƷƭ KIT SA P ZONING MAP #4 F IT Z W A T E R T R-10 N O M L I W 6 T H R-10 1ST O FC I R-10 WS S H IP V IE W CUL R-10 M C K JA RS ETA D N N A F A L L S BELF AIR V ALLE Y R-10 R-10 R-10 C LA IR CAMAS I S N VA E L IL B Land Use Zones Bay Vista Subarea (BV) City Utility Lands (CUL) Freeway Corridor (FC) Puget Sound General Commercial (GC) Industrial Center Industrial (I) Bremerton Low Density Residential (R-10) Puget Sound Industrial Center - Bremerton (PSIC-B) Watershed (WS) Subarea Plan Center Mineral Resource Overlay CO ZY 00.510.25Miles Kitsap County