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11/15/2017 AGENDA PACKET
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 'FINAL — AMENE NOVEMBER 15, 2017 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (As necessary...) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — November 1, 2017 C. Minutes of Budget Workshop — November 2, 2017 D. Minutes of Budget Workshop — November 6, 2017 E. Minutes of Study Session — November 8, 2017 F. Minutes of Budget Workshop — November 9, 2017 G. Designation of Dennis Treger, CPA to the Audit Committee H. Professional Services Agreement with Systems Design West, LLC for Billing and Payment Processing of EMS Patient Transport Services I. Bremerton Kitsap Access Television (BKAT) Service Contract with the City of Bainbridge Island (5 -Year) J. Bremerton Kitsap Access Television (BKAT) Service Contract Interlocal Agreement with Kitsap County (3 -Year) K. Acceptance of the Municipal Water Quality Stormwater Capacity Building Grant from the Washington State Department of Ecology for 2017-2019 L. Professional Services Agreement with BHC Consultants for the Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Project M. Contract Modification Agreement No. 3 with Parametrix for Groundwater Monitoring at the former Chevron Property Remediation N. Professional Services Agreement with IDAX Data Solutions for Intersection Turning Movement Counts and Travel Time Data Collection O. Ordinance No. 5337 amending Ordinance Nos. 4875, 5226, and 5287 to extend the Puget Sound Energy Franchise Agreement Continued on back... P. Reimbursement Agreement with Avamere Health Services for Combined Sewer Upsize Q. 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 6. PUBLIC HEARINGS A. Public Hearing and Ordinance No. 5338 adopting the 2017 Comprehensive Plan Amendment Docket; and amending the City's official Zoning Map B. Public Hearing on all Revenue Sources for the proposed FY -2018 City of Bremerton Budget (Public Comment Only— No Action...) C. (1 of 2) Public Hearing on Proposed 2018 FY -2018 City of Bremerton Budget (Public Comment Only — No Action... ) Second Public Hearing scheduled November 20... 7. GENERAL BUSINESS A. Ordinance No. 5339 levying Property Taxes for Collection in 2018 B. Resolution No. 3297 re-establishing and amending City Rates and Fees for 2018 C. Ordinance No. 5340 amending and re-establishing Utility Assessments, Rates, Fees, and Charges for 2018 D. Professional Services Agreement with IMS Infrastructure Management Services, LLC for Pavement Management Program and Sidewalk Condition Assessment E. Local Agency Agreement with the Washington State Department of Transportation for the Kitsap Lake Elementary Safe Routes to Schools Project F. Resolution No. 3298 Declaring an Emergency to Stabilize the East Park Storm Water Outfall 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. s ago E oc o a) c� N o N a� i L m •� 4-J o i ° o O V m m *, 0 o 0 Ln N i V L — � CL M U to E • U i ■■■ a �- x w do a o s v Q o L Y aL w cu +, • o c - cu .fir a C IOU. 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N ;r7 I � BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD I Alk-lvt Lo oA.kl� REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK 1101:'1►1:i"[/IiJ SUBJECT: Claims & Check Register SUMMARY: AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5A Study Session Date: N/A COUNCIL MEETING Date: November 15, 2017 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 Approval of the following checks and electronic fund transfers: 1) Check #'s 376150 through 376348 and EFT's 17913 through 17966 in the amount of $3,663,323.66. 2) Regular Payroll for the pay period ending October 31, 2017 in the amount of $797,655.30. 3) Regular Payroll for the pay period ending October 31, 2017 in the amount of $8,686.48. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: x❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 01/07/15 ❑ Table ❑ Continue ❑ No Action SUBJECT: Minutes of Meeting — November 1, 2017 AGENDA BILL CITY OF BREMERTON 5B CITY COUNCIL Study Session Date: N/A COUNCIL MEETING Date: November 15, 2017 Department: City Council Presenter: Council President Phone: (360)473-5280 SUMMARY: Attached is the summary of the City Council Meeting on November 1, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 12/15/15 ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, November 1, 2017 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, November 1, 2017, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Council Assistant Christine Grenier; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the Invocation provided by Chaplain Stan Plyler of the Fire Department. FIRE DEPARTMENT PROMOTION CEREMONY Fire Chief David Schmitt proudly announced the following promotions in the Fire Department: Pat McGanney, Assistant Chief; John Payne, Training Battalion Chief; Dean Souza, Battalion Chief; Dan Mustard, Captain; Brad Richard, Captain; and Craig Patti, Lieutenant. MAYOR'S REPORT — Mayor Lent announced the following... • Permit activity continues to grow; • Neighborhood Clean -Up sponsored by the Salvation Army and Washington Youth Academy will be held on Friday, November 10 beginning at 9:00 AM; • The Week of November 11 to 19, 2017 was proclaimed as "National Hunger & Homelessness Awareness Week"; with the proclamation being presented to Sarah Van Cleve, Chair of Kitsap Continuum of Care Coalition; • The Salvation Army Winter Shelter will be open from November 1 through March 1; • The next Project Connect will be on Wednesday, January 24 from 10:00 AM to 2:00 PM at The Salvation Army; and • Brought forward Rana Tan of the Bremerton Community Theatre & Chorus who provided a brief performance of "Peter and the Star Catches', a musical play showing from now through November 19 on Friday or Saturday at 8:00 PM or Sundays at 2:30 PM. President Younger added a special announcement to caution anyone planning to speak during Public Recognition that during the election period, beginning now through the November General Election, that they are prohibited from commenting on any candidate or ballot issues; and that since a Public Hearing was advertised but not on the agenda, public comments regarding the Multi -Family Tax Exemption will still be accepted... PUBLIC RECOGNITION Lennie Meder encouraged the Filipino community to learn about their rich cultural history, and to remember and honor the Filipino -American pioneers in Kitsap County; and encouraged Filipino organizations to collaborate for next October's events. Kurt Wiest urged Council to continue their evaluation of affordable housing; and was not sure if the multi -family tax exemption would meet the Council's goal of increasing affordable housing. Tina Munger thanked Mayor Lent and Economic Development Manager Jack Edwards for their help in relocating Abraham's House to keep services and resources available to the community. City Council Reg. Mtg. Minutes Wednesday, November 1, 2017 Page 2of3 Bernie Waldbillig squashed rumors that Susanna's Antiques located on Callow Avenue was closing; announced that business is still going strong; and asked people to please "shop local". CONSENT AGENDA 6A — Claims & Check Register: Check Numbers 375916 through 376149 and EFT -17863 through EFT -17912 in the amount of $1,985,239.38; Regular Payroll for the pay period ending October 15, 2017 in the amount of $749,792.58; and Retiree Payroll for the pay period ending October 31, 2017 in the amount of $49,507.09 6B— Minutes of Meeting — October 18, 2017 6C — Minutes of Study Session — October 25, 2017 6D— Confirm Reappointment of Joan Hanten to the Bremerton Housing Authority Board of Commissioners 6E— Confirm Reappointment of Will Maupin to the Bremerton Housing Authority Board of Commissioners 6F — Lease Agreement between the City of Bremerton and Connection Credit Union, Inc. 6G — Interlocal Agreement between the City of Bremerton and other local Fire Agencies for Technical Rescue Mutual Aid 6H — Interlocal Agreement between the City of Bremerton and Kitsap County Administrative Services for Court Security Services 61— Acceptance of 2018 — 2019 Office of Public Defense Grant 6J — Contract Modification No. 2 to the Professional Services Agreement with CodePros, LLC for Supplemental Building Department Services There were no comments or questions by members of the public... 6:07:18 M/S/C/U (Huddy/McDonald) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 7A — RESOLUTION NO. 3296 SUPPORTING OLYMPIC EDUCATION SERVICE DISTRICT INTER -AGENCY SCHOOL SAFETY & SECURITY PLAN: Police Corporal Steven Polonsky stated that the proposed Resolution will support the rights of students and staff to attend colleges and schools that are safe and free from violence and harassment. There were no comments or questions by members of the public... 06:11:25 Motion was made by Daugs, and seconded by Sullivan ...Comments and questions were provided by Daugs, Huddy, and McDonald; with responses provided by Corp. Polonsky... 06:15:25 M/S/C/U (Daugs/Sullivan) Move to pass Resolution No. 3296 in support of the Olympic Education Service District Inter -Agency School Safety & Security Plan. COUNCIL MEMBER REPORTS Pat Sullivan enjoyed the downtown Halloween event last night and hoped more people come next year; and thanked Gayle Gillespie and Bremerton Lions for their support towards new children's play equipment now at Lions Park. Leslie Daugs invited the community to attend a progress report on making homelessness rare, brief, and one-time entitled "Where Are You Sleeping Tonight?" sponsored by the League of Women Voters on Saturday, November 18 from 10:00 AM to Noon at the Eagles Nest; announced City Council Reg. Mtg. Minutes Wednesday, November 1, 2017 Page 3 of 3 that volunteers are needed for the Christmas Angels Program through Kitsap Community Resources; thanked the cast from the Bremerton Community Theatre for their performance; commented that she was a guest speaker at a recent Filipino -American History event; please remember to return ballots by November 7; thanked Veterans who have served; and congratulated the Fire Department with their promotions. Jerry McDonald shared photos from Halloween and the Safe Trick or Treat event; provided an update on apartment projects on 4th and Burwell Streets, and the Marvin Williams Community Center on Park Avenue; announced that another hotel will be built downtown; and that apartments will be added to the JC Penney's building. Greg Wheeler also attended the dedication of play equipment at Lions Park; was amazed at the generosity of community groups like the Lions; and thanked businesses who made Halloween a great success. Richard Huddy also thanked Gayle Gillespie for his support, especially for Lions Park; thanked contractor Massana and Public Works for great work on new sidewalks and ADA ramps at the corner of 11th & Montgomery; looked forward to Budget Workshops and hoped to eventually see residential streets and sidewalks projects fully funded; reported on a blighted property that is finally being cleaned up by new owners and duplexes being renovated, both located on Snyder Avenue; shared that a Decision from the Department of Health on Reconsideration of CHI Franciscan's Certificate of Need will be available Tuesday, November 14; the UFCW Harrison Hospital employees group will have an Informational Picket on Wednesday, November 15 at 11:30 AM in Silverdale; and was excited about Game 7 of the World Series (Houston Astros vs. LA Dodgers). President Younger announced that Budget Workshops will be held November 2, 6, and 9 beginning at 4:15 PM in the Mayor's Conference Room; and encouraged the public to attend. With no further business, President Younger adjourned the Council Meeting at 6:36 PM Prepared and Submitted by: CHRISTINE GRENIER Council Assistant APPROVED by the City Council on the 15th day of November, 2017. ERIC YOUNGER, City Council President ATTEST: SHANNON CORIN, City Clerk EY:SC:ls:cg SUBJECT: Minutes of Budget Workshop— November 2, 2017 AGENDA BILL CITY OF BREMERTON 5C CITY COUNCIL Study Session Date COUNCIL MEETING Date Department Presenter Phone N/A November 15, 2017 City Council Council President (360) 473-5280 SUMMARY: Attached is the summary of the City Council Budget Workshop on November 2, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 12/15/15 ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL BUDGET WORKSHOP MINUTES Thursday, November 2, 2017 The Budget Workshop of the City Council of the City of Bremerton was called to order in the Mayor's Conference Room 637 of the DICKS GOVERNMENT CENTER located at 345 6th Street, Bremerton, Washington, Thursday, November 2, 2017, at 4:15 PM, with Council President Eric Younger presiding. Council members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were Financial Services Director DeWayne Pitts; Assistant Financial Services Director Mike Riley; and Budget Analyst Caroline Tompson. Legislative Assistant Lori Smith was present to provide staff support to the Council. President Younger announced that tonight's Budget Workshop was for the Council to hear presentations on the proposed 2018 Budget. It was further announced that this Budget Workshop was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. DeWayne Pitts, Financial Services Director, provided background on the 2018 Budget process; outlined assumptions and considerations for Revenues and Expenditures; and provided an overview of all General Fund Departments. Following comments, questions, and discussion from Council Members, President Younger announced that the next Budget Workshop will be on Monday, November 6 beginning at 4:15 PM in the Mayor's Conference Room... With no further business, President Younger adjourned the Budget Workshop at 8:00 PM Prepared and Submitted by: LORI SMITH Legislative Assistant APPROVED by the City Council on the 151h day of November, 2017. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY:SC:ls:cg SUBJECT: Minutes of Budget Workshop— November 6, 2017 AGENDA BILL � D CITY OF BREMERTON CITY COUNCIL Study Session Date COUNCIL MEETING Date Department Presenter Phone N/A November 15, 2017 City Council Council President (360) 473-5280 SUMMARY: Attached is the summary of the City Council Budget Workshop on November 6, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 12/15/15 ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL BUDGET WORKSHOP MINUTES Monday, November 6, 2017 The Budget Workshop of the City Council of the City of Bremerton was called to order in the Mayor's Conference Room 637 of the DICKS GOVERNMENT CENTER located at 345 6th Street, Bremerton, Washington, Monday, November 6, 2017, at 4:15 PM, with Council President Eric Younger presiding. Council members present were Richard Huddy, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Council Member Dino Davis was absent. Also present were Financial Services Director DeWayne Pitts; Assistant Financial Services Director Mike Riley; and Budget Analyst Caroline Tompson. Legislative Assistant Lori Smith was present to provide staff support to the Council. DeWayne Pitts, Financial Services Director, provided background on Public Works & Utilities, Streets and Sidewalks; Transportation Projects; Utility Operations & Capital; Gold Mountain Golf Course; Utility Rates; and Equipment Maintenance and Reserve. Following comments and questions from Council Members, President Younger announced that the next Budget Workshop will be held on Thursday, November 9 beginning at 4:15 PM in the Mayor's Conference Room... With no further business, President Younger adjourned the Budget Workshop at 7:00 PM Prepared and Submitted by: LORI SMITH Legislative Assistant APPROVED by the City Council on the 151h day of November, 2017 Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY:SC:ls:cg SUBJECT: Minutes of Study Session — November 8, 2017 AGENDA BILL CITY OF BREMERTON 5E CITY COUNCIL Study Session Date COUNCIL MEETING Date Department Presenter Phone IMPT, 15, 2017 City Council Council President (360) 473-5280 SUMMARY: Attached is the summary of the City Council Study Session on November 8, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 12/15/15 ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, November 8, 2017 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6t" Street, Bremerton, Washington, Wednesday, November 8, 2017, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, and Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; and Legislative Assistant Lori Smith. President Younger emphasized that the Study Session was open to the public but there would be no opportunities for input or participation except when deemed appropriate; and the content of these items is subject to change. It was further announced that the other items approved by the Council will be placed on the November 15, 2017 Council Meeting Agenda or as indicated. 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 Consent Agenda 2. Professional Services Agreement with Systems Design West, LLC for Billing and Payment Processing of EMS Patient Transport Services Consent Agenda 3. Bremerton Kitsap Access Television (BKAT) Service Contract with the City of Bainbridge Island (5 -Year) Consent Agenda 4. Bremerton Kitsap Access Television (BKAT) Service Contract Interlocal Agreement with Kitsap County (3 -Year) Consent Agenda 5. Acceptance of the Municipal Water Quality Stormwater Capacity Building Grant from the Washington State Department of Ecology for 2017-2019 Consent Agenda 6. Professional Services Agreement with BHC Consultants for the Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Project Consent Agenda 7. Contract Modification Agreement No. 3 with Parametrix for Groundwater Monitoring at the former Chevron Property Remediation Consent Agenda 8. Professional Services Agreement with IMS Infrastructure Management Services, LLC for Pavement Management Program and Sidewalk Condition Assessment General Business 9. Professional Services Agreement with IDAX Data Solutions for Intersection Turning Movement Counts and Travel Time Data Collection ConsentAgenda 10. Ordinance amending Ordinance Nos. 4875, 5226, and 5287 to extend the Puget Sound Energy Franchise Agreement Consent Agenda 11. Reimbursement Agreement with Avamere Health Services for Combined Sewer Upsize Consent Agenda 12. Local Agency Agreement with the Washington State Department of Transportation for the Kitsap Lake Elementary Safe Routes to Schools Project General Business 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 Consent Agenda 14. Ordinance levying Property Taxes for Collection in 2018 General Business City Council Study Session Minutes Wednesday, November 8, 2017 Page 2 of 2 15. Resolution re-establishing and amending City Rates & Fees for 2018 General Business 16. Ordinance amending and re-establishing Utility Assessments, Rates, Fees, & Charges for 2018 General Business B. BRIEFINGS & FULL PRESENTATIONS 1. Proposed Public Hearing and Ordinance adopting the 2017 Comprehensive Plan Amendment Docket; and amending the City's official Zoning Map Public Hearing C. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (10/30/17 Special Meeting) —Chair Pat Sullivan o Public Works Committee Briefing (11/07/17 Meeting) —Chair Dino Davis o Public Safety & Parks Committee Briefing (11/08/17 Meeting) —Chair Leslie Daugs o Other General Council Business was discussed. President Younger adjourned the Council Study Session at 8:20 PM. Prepared and Submitted by: LORI SMITH, Legislative Assistant APPROVED by the City Council on the 15th day of November, 2017. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY: SC:ls:cg SUBJECT: Minutes of Budget Workshop— November 9, 2017 AGENDA BILL CITY OF BREMERTON 5F CITY COUNCIL Study Session Date COUNCIL MEETING Date Department Presenter Phone N/A November 15, 2017 City Council Council President (360) 473-5280 SUMMARY: Attached is the summary of the City Council Budget Workshop on November 9, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 12/15/15 ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL BUDGET WORKSHOP MINUTES Thursday, November 9, 2017 The Budget Workshop of the City Council of the City of Bremerton was called to order in the Mayor's Conference Room 637 of the NORM DICKS GOVERNMENT CENTER located at 345 6th Street, Bremerton, Washington, Thursday, November 9, 2017, at 4:25 PM, with Council President Eric Younger presiding. Council members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were Financial Services Director DeWayne Pitts; Assistant Financial Services Director Mike Riley; and Budget Analyst Caroline Tompson. Legislative Assistant Lori Smith was present to provide staff support to the Council. President Younger announced that tonight's Budget Workshop was for the Council to hold deliberations on the proposed 2018 Budget. It was further announced that this Budget Workshop was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. DeWayne Pitts, Financial Services Director, responded to questions and comments from the Council Members. President Younger announced that no Budget Workshop would be necessary on the optional date of Tuesday, November 14; the first Public Hearing to receive comments from the public is scheduled for the regular Council Meeting on Wednesday, November 15, 2017; and the final Public Hearing for Council action on the Budget will be during the Special Meeting on Monday, November 20, 2017... With no further business, President Younger adjourned the Budget Workshop at 7:00 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant APPROVED by the City Council on the 151h day of November, 2017. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON 5G 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: Presenter: Phone: Audit Committee Pat Sullivan (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: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 Form Updated 12/15/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action AGENDA BILL CITY OF BREMERTON 5H 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: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("AGREEMENT") is made and entered into this 1st day of January, 2017 by and between, City of Bremerton ("Fire Department") 911 Park Avenue, Bremerton, WA 98337 and Systems Design West, LLC a Washington limited liability company having their principal place of business located at 19265 Powder Hill Place NE Poulsbo, Washington 98370 hereinafter referred to as the ("Consultant") Collectively the Fire Department and the Consultant shall be known as the "PARTIES". RECITALS: (a) WHEREAS, the Fire Department and the Consultant desire to enter into a "Professional Services Agreement", (b) NOW, THEREFORE, in consideration for the mutual obligations contained herein the Fire Department and the Consultant, each intending to be legally bound by this agreement, hereby mutually covenant and agree as follows: 1. SCOPE OF SERVICES. The Consultant shall provide to 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. The following Scope of Services shall be incorporated into this contract as general services performed by the Fire Department and the Consultant under this agreement. 1.1 The Fire Department, with assistance from Consultant, shall apply for Provider Status or updated Status with Medicare, Medicaid, and all public and private insurances which will be billed as a part of this Scope of Services. The Fire Department shall assist the Consultant to obtain the necessary certifications, numbers and documentation needed for Consultant to provide the services identified in sections 1.2 and 1.3 below. The Fire Department agrees to furnish and assist the Consultant with the following: (a) The Fire Department agrees to provide a complete and legible "PCR" (Patient Care Report) to the Consultant including patient name, address and pertinent billing and insurance information from the field, including a copy of the patient signature for authorization of benefits and responsibility for payment, authorizing billing of Medicare, Medicaid and any insurance the patient is a subscriber to. The original patient signature must be maintained by the Fire Department and made available to the Consultant and/or insurance payers upon request. The amounts to be billed will be determined by the Fire Department in the form of a resolution or ordinance to be incorporated into this agreement as an attachment exhibit. (b) The Fire Department agrees to furnish the Consultant with hospital ER forms (face/admit sheets) with demographic and insurance information attached to the PCR if requested by Consultant. Copies of any payments made directly to the Fire Department will be forwarded to the Consultant for accounting purposes in a timely manner. The Fire Department agrees to generate any refund checks due to overpayments identified by the Consultant directly to the payer to which the refund is due, based on detailed information provided by the Consultant. The Fire Department shall provide additional information as may be required by insurance companies or other agencies in order to facilitate the Consultant's obligations to the Fire Department. 1 (c) The Fire Department agrees to furnish to the Consultant to be made part of this agreement as an attachment: resolutions pertaining to this Scope of Services; specific write off policies; collections procedures; rates and fees to be charged by the Fire Department and administered by Consultant as part of the Scope of Services performed under this agreement. 1.2 Upon receipt of the PCRs and Batch Log from the Fire Department, the Consultant shall: set up a patient account in Consultant's proprietary software application and create a patient record; perform all billing operations including follow up statements and any necessary rebilling of EMS patient transport services provided by the Fire Department to the subscriber's medical insurances, Medicare, Medicaid and any and all known secondary insurance providers; produce and forward CMS 1500 forms and/or electronic medical claims per payer's rules and regulations within the legal boundaries of all federal and state laws; produce and mail an initial invoice and subsequent statements to all private patient accounts on behalf of the Fire Department; file any applicable appeals to insurance payers and/or Medicare and Medicaid on behalf of the patient if necessary to pursue the claim. 1.3 The Consultant shall: receive at its facilities all payments (except those directly deposited into the Fire Department's account by insurances and Medicare/Medicaid via EFT) Explanations of Benefits and Electronic Remittance Advices; account for all payments; deposit all funds directly into the Fire Department's "deposit only" account; forward deposit information to the Fire Department within 24 hours of such deposit; initiate and forward refund information and adjustments made on behalf of the patient's account to the Fire Department. The Consultant shall provide to the Fire Department a minimum of four (4) standard reports each month including: a) Aged Accounts Receivable b) Month End Summary c) Annual Collection Statistics d) Transaction Journal. These reports will include information related to amounts billed, amounts collected and uncollected, insurance and Medicare/Medicaid allowable and disallowable. 1.4 The Consultant shall provide live customer service to Fire Department's patients via toll free phone numbers to answer patient billing questions Monday through Friday from 8:OOam through 6:00 pm, Pacific Standard Time (except Federal holidays). 1.5 The Consultant shall provide all labor, materials and equipment necessary to perform the work specified in the above scope of services. 2. FEES, EXPENSES, & PAYMENT. For and in consideration of the services provided by the Consultant identified above, the Fire Department shall pay to the Consultant an amount not to exceed $20.50 per transport through December 31, 2017, and $21.50 per transport thereafter. In addition, the Fire Department will pay actual postage for patient invoices and statements per the Scope of Services performed under this agreement. The Fire Department shall remit payment for services rendered under this agreement to the Consultant within 30 days from receipt of Consultant's monthly invoice to the Fire Department. 3. PAYMENT OF TAXES. The Consultant shall be liable for any and all federal, state, and local sales, excise taxes and assessments as a result of the payment for services rendered under this agreement. K 4. TERM OF AGREEMENT. The Consultant shall commence the work called for in this agreement on the date of the agreement and perform such work uninterrupted for two years. This agreement shall automatically renew on its anniversary date for four (4) additional two-year terms, unless terminated by either party. This agreement may be amended by the parties upon mutual agreement of terms and conditions via an amendment to the Professional Services Agreement to be signed by both parties of the agreement. 5. SCHEDULE OF ATTACHMENT EXHIBITS. The following attachments are acknowledged by the parties and made part of this Agreement. # 1: Rates to be charged per transport [to be provided by the Fire Department] # 2: EMS Policies to be administered [to be provided by the Fire Department] # 3: State of Washington Records Storage Policy # 4: Systems Design Liability Insurance policies # 5: Business Associate Agreement 6. INDEPENDENT CONSULTANT STATUS. The Consultant performs this Agreement as an independent Consultant, not as an employee of Fire Department. Nothing herein contained shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither method of computation of payment nor any other provision contained herein nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of Fire Department and an independent Consultant. 7. TERMINATION. Either party may terminate this agreement with a minimum of 30 days notice to the other party. The Consultant shall upon termination by either party provide 60 days of follow up service to the outstanding patient accounts including posting payments, making deposits, and two (2) months of follow up reports to the Fire Department. Consultant shall deliver and document the return of all documentation in Consultants possession per the attached "Records Storage Agreement". In the event this agreement is terminated by either party and the terms for payment for services include a percent of collections method, Fire Department shall pay to Consultant the agreed upon percentage of collected revenues until all accounts created by Consultant are settled. 8. INSURANCE. The Consultant shall maintain statutory minimum Worker's Compensation or Labor and Industry insurance as required by the laws of any state or country in which Services are performed. The Consultant will provide and make as part of this agreement as an attachment, a certificate of liability insurance with a minimum amount of commercial general liability of $ 1,000,000 per occurrence and an aggregate of $ 2,000,000 and maintain such insurance for the duration of this agreement. The Consultant shall provide an annual updated Certificate of Insurance to the Fire Department upon the policy expiration date. The Consultant shall provide notice to the Fire Department in the event the policy is cancelled or terminated for any reason prior to the policy expiration date. Consultant. Any payment of deductible or self insured retention shall be the sole responsibility of the 3 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 operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 61h 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 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. 9. END USER SOFTWARE LICENSE & CONFIDENTIAL INFORMATION. The term "CONFIDENTIAL INFORMATION AND SOFTWARE" shall mean: (i) any and all Information and proprietary software which is disclosed or provided by either party ("OWNER OF THE INFORMATION") to the other ("RECIPIENT") verbally, electronically, visually, or in a written or other tangible form which is either identified or should be reasonably understood to be confidential or proprietary; and (ii) Confidential Information may include, but not be limited to, trade secrets, computer programs, software, documentation, formulas, data, inventions, techniques, marketing plans, strategies, forecasts, client lists, employee information, and financial information, confidential information concerning Fire Department and Consultant's business or organization, as the parties have conducted it or as they may conduct it in the future. In addition, Confidential Information may include information concerning any of past, current, or possible future products or methods, including information about research, development, engineering, purchasing, manufacturing, accounting, marketing, selling, leasing, and/or software (including third party software). 9.1 TREATMENT OF CONFIDENTIAL INFORMATION. Fire Department's Confidential Information shall be treated as strictly confidential by Recipient and shall not be disclosed by Recipient to any third party except to those third parties operating under non -disclosure provisions no less restrictive than in this Section and who have a justified business "need to know". Fire Department shall protect the deliverables resulting from Services with the same degree of care. This agreement imposes no obligation upon the Parties with respect to Confidential Information which either party can establish by legally sufficient evidence: (a) was in the possession of, or was rightfully known by the Recipient without an obligation to maintain its confidentiality prior to receipt from Fire Department; (b) is or becomes generally known to the public without violation of this Agreement; (c) is obtained by Recipient in good faith from a third party having the right to disclose it without an obligation of confidentiality; (d) is independently developed by Recipient without the participation of individuals who have had access to the Confidential Information; or (e) is required to be :l disclosed by court order or applicable law, provided notice is promptly given to the Fire Department and provided further that diligent efforts are undertaken to limit disclosure. 9.2 CONFIDENTIALITY AND DISCLOSURE OF PATIENT INFORMATION. Use and Disclosure of Protected Health Information. The parties hereto agree that in order for the Consultant to perform its duties as expected by the Fire Department, it will be necessary for the Consultant to use and disclose Protected Health Information ("PHI"), as such term is defined at 45 CFR §164.501. The parties of this agreement further acknowledge and make part of this agreement as an attachment to this agreement a "Business Associate Agreement" to be maintained and updated whenever applicable by either party of this agreement. 9.3 PERMITTED AND REQUIRED USES AND DISCLOSURE OF PHI. The Parties hereto agree that the Consultant may use and disclose PHI in order to carry out any Payment function covered under the definition of "Payment" contained in 45 CFR §164.501. The Parties hereto further agree that the Consultant may use or disclose PHI for any use or disclosure that is required by law. 10. INDEMNITY. Each Party ("INDEMNIFYING PARTY") shall indemnify and hold the other Party ("INDEMNIFIED PARTY") harmless against any third party claim, including costs and reasonable attorney's fees, in which the Indemnified Party is named as a result of the negligent or intentional acts or failure to act by the Indemnifying Party, its employees or agents, while performing its obligations hereunder. This indemnification obligation is contingent upon the Indemnified Party providing the Indemnifying Party with prompt written notice of such claim, information, all reasonable assistance in the defense of such action, and sole authority to defend or settle such claim. 10.1 Notwithstanding any other provision of this agreement, no party shall be liable for (a) any special, indirect, incidental, punitive, or consequential damages, including loss of profits or business arising from or related to the services or other deliverables hereunder or a breach of this agreement, even if such party has been advised of the possibility of such damages; or (b) any damages (regardless of their nature) for any delay or failure by a party to perform its obligations under this agreement due to any cause beyond such party's reasonable control. 11. SURVIVABILITY. The terms of Section 8 and 9 shall survive termination of this Agreement. If the Parties have executed a separate agreement that contains confidentiality terms prior to or contemporaneously with this Agreement, those separate confidentiality terms shall remain in full force to the extent they do not conflict. The "Business Associate Agreement" has terms incorporated to establish the continuance of covenants for the parties to disclose PHI for the continued operations of "Payment". 12. WARRANTIES AND REPRESENTATIONS. Each party warrants that it has the right and power to enter into this Agreement and an authorized representative has executed this Agreement. Consultant warrants that the Services will be performed in a professional and workmanlike manner in accordance with recognized industry standards. To the extent Services provided by Consultant are advisory; no specific result is assured or guaranteed. Consultant EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED. 13. NOTICE. Any notice, demand, request, consent, approval, or other communication that either party desires or is required to give to the other party related to any of the content of this agreement shall be presented in writing and served personally or sent by prepaid, first class mail to the addresses set forth below. Either party may change its address by notifying the other party of its change of address in writing. Fire Department: City of Bremerton 911 Park Avenue Bremerton, WA 98337 Consultant: Systems Design West, LLC 19265 Powder Hill PI NE Poulsbo, WA 98370 14. NONWAIVER. No modification to this Agreement nor any failure or delay in enforcing any term, exercising any option, or requiring performance shall be binding or construed as a waiver unless agreed to in writing by both parties. No delay or omission of the right to exercise any power by either party shall impair any such right or power, or be construed as a waiver of any default or as acquiescence therein. One or more waivers of any covenant, term or condition of this Agreement by either party shall not be construed by the other party as a waiver of a subsequent breach of the same covenant, term or condition. 15. APPLICABLE LAW. The laws of the State of Washington shall govern the construction, validity, performance and enforcement of this Agreement. Venue as to any action, claim, or proceeding arising out of, or based upon this Agreement, including, but not limited to, any action for declaratory or injunctive relief, shall be the Kitsap County Superior Court in the State of Washington. Each party shall be responsible for its own attorney's fees and costs. 16. CONFLICT OF INTEREST. The Consultant covenants, warrants and represents that the Consultant or any employees of Consultant has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner with the subject matter or the performance of this Agreement. The Consultant further covenants, warrants and represents that in the performance of this Agreement, no person having any such interest shall be employed by the Consultant in the future. 17. ENTIRE AGREEMENT. This Agreement and any schedules, appendices, attachments and exhibits attached hereto sets forth all of the covenants, promises, agreements, conditions and understandings between the parties hereto, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between them other than as herein set forth. Except as herein otherwise expressly provided, no contemporaneous or subsequent agreement, understanding, alteration, amendment, change or addition to this Agreement, or any schedule, appendix, exhibit or attachment thereto shall be binding upon the parties of this Agreement hereto unless reduced to writing and signed by both parties. This Agreement constitutes a final, complete and exclusive statement of the agreement between the parties. The Parties hereby agree to all of the above terms, conditions, covenants and have executed this Agreement by a duly authorized representative. L Dated this day of 12017 City of Bremerton By: _ Print Title: Approved as to form: Bremerton City Attorney Attest City Clerk Dated this 12 day of September_, 2017 Systems Design West, LLC "Consultant" By: Print: Jennifer Braus Title: CEO SYSTDES-02 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 9/13/2017 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). PRODUCER CONTACT Willis Towers Watson Certificate Center NAME: PHONE 877 945-7378 FAX 888 467-2378 (A/C, No, Ext): ( ) (A/C, No):( ) Willis of New York, Inc. c/o 26 Century Blvd P.O. Box 305191 AOMDRIESS: certificates@willis.com Nashville, TN 37230-5191 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Continental Casualty Company 20443 INSURED INSURER B: National Fire Insurance Company of Hartford 20478 INSURER C7 Systems Design West INSURER D7 01/11/2017 19265 Powder Hill Place NE Poulsbo, WA 98370 INSURER E DAMAGE TO RENTED PREMISES Ea occurrence INSURER F: MED EXP (Any oneperson) COVERAGES CERTIFICATE 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. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MWDD/YYYY POLICY EXP MWDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADEOCCUR Aj 6023971937 01/11/2017 01/11/2018 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ MED EXP (Any oneperson) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 GENT POLICYEl JECT � LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 1,000,000 $ BODILY INJURY Perperson) $ ANY AUTO 6023971968 01/11/2017 01/11/2018 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS -MADE 6023971954 01/11/2017 01/11/2018 AGGREGATE $ 1,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N/A E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Commercial Property 6023971937 01/11/2017 01/11/2018 Bus Income:$500K/BPP 170,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is an Additional Insured and Loss Payee as required by written contract or agreement with respect to Liability arising out of the Named Insureds operations. Coverage shall be Primary and Non -Contributory with any other insurance in force or which may be purchased by the Certificate Holder. Waiver of Subrogation applies in favor of Certificate Holder with respect to General Liability. CERTIFICATE HOLDER CANCELLATION City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: Risk Management THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th St. - Ste 600 ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE Evidence of Insurance ��j+' // ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Technology General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury— Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury — Exception for Reasonable Force 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/Limited Liability Companies 11. Legal Liability — Damage To Premises 12. Medical Payments 13. Non -owned Aircraft Coverage 14. Non -owned Watercraft 15. Personal And Advertising Injury — Discrimination or Humiliation 16. Personal And Advertising Injury - Limited Contractual Liability 17. Property Damage - Elevators 18. Supplementary Payments 19. Property Damage — Patterns, Molds and Dies 20. Unintentional Failure To Disclose Hazards 21. Waiver of Subrogation — Blanket CNA74872XX (1-15) Page 1 of 14 CONTINENTAL CASUALTY COMPANY Insured Name: SYSTEMS DESIGN WEST, LLC Policy No: 6023971937 Endorsement No: 3 Effective Date: 01/11/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. CNA74872XX (1-15) Policy No: 6023971937 Page 2 of 14 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 01/11/2017 Insured Name: SYSTEMS DESIGN WEST, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. CNA74872XX (1-15) Page 3 of 14 CONTINENTAL CASUALTY COMPANY Insured Name: SYSTEMS DESIGN WEST, LLC Policy N0: 6023971937 Endorsement No: 3 Effective Date: 01/11/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. CNA74872XX (1-15) Policy No: 6023971937 Page 4 of 14 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 01/11/2017 Insured Name: SYSTEMS DESIGN WEST, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part. K. Other Person Or Organization /Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor 2. for bodily injury or property damage included within the products -completed operations hazard except to the extent all of the following apply: a. this Coverage Part provides such coverage; b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above: N O 0 Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 0 N 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE CNA74872XX (1-15) Policy No: 6023971937 Page 5 of 14 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 01/11/2017 Insured Name: SYSTEMS DESIGN WEST, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, and of this endorsement's JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. CNA74872XX (1-15) Policy No: 6023971937 Page 6 of 14 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 01/11/2017 Insured Name: SYSTEMS DESIGN WEST, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 7. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 8. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: CNA74872XX (1-15) Page 7 of 14 CONTINENTAL CASUALTY COMPANY Insured Name: SYSTEMS DESIGN WEST, LLC Policy N0: 6023971937 Endorsement No: 3 Effective Date: 01/11/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions. This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, that includes but shall not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. CNA74872XX (1-15) Policy No: 6023971937 Page 8 of 14 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 01/11/2017 Insured Name: SYSTEMS DESIGN WEST, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to: • the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor • the conduct of a current or past limited liability company in which a Named Insured's interest does/did not rise to the level of management control; except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such CNA74872XX (1-15) Policy No: 6023971937 Page 9 of 14 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 01/11/2017 Insured Name: SYSTEMS DESIGN WEST, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY —DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is $500,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. CNA74872XX (1-15) Policy No: 6023971937 Page 10 of 14 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 01/11/2017 Insured Name: SYSTEMS DESIGN WEST, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: ; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 13. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: CNA74872XX (1-15) Page 11 of 14 CONTINENTAL CASUALTY COMPANY Insured Name: SYSTEMS DESIGN WEST, Copyright CNA All Rights Reserved. Policy No: 6023971937 Endorsement No: 3 Effective Date: 01/11/2017 LLC Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. CNA74872XX (1-15) Policy No: 6023971937 Page 12 of 14 Endorsement No: 3 CONTINENTAL CASUALTY COMPANY Effective Date: 01/11/2017 Insured Name: SYSTEMS DESIGN WEST, LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 21(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE —ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit: CNA74872XX (1-15) Page 13 of 14 CONTINENTAL CASUALTY COMPANY Insured Name: SYSTEMS DESIGN WEST, LLC Policy No: 6023971937 Endorsement No: 3 Effective Date: 01/11/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA CNA PARAMOUNT Technology General Liability Extension Endorsement A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly. 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 21. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74872XX (1-15) Page 14 of 14 CONTINENTAL CASUALTY COMPANY Insured Name: SYSTEMS DESIGN WEST, Copyright CNA All Rights Reserved. Policy No: Endorsement No: Effective Date: LLC Includes copyrighted material of Insurance Services Office, Inc., with its permission. 6023971937 3 01/11/2017 CNA CNA PARAMOUNT General Aggregate Limit - Per Location Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: For each single location, a separate Location General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A. all damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and B. all medical expenses under Coverage C; that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Location General Aggregate Limit applicable to any other location. II. All: 1. damages under Coverage B, regardless of the number of locations or projects involved; 2. damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single location, except damages because of bodily injury or property damage included in the products - completed operations hazard; and 3. medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a particular location, will reduce the General Aggregate Limit shown in the Declarations. III. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a single location. IV. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products -completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of locations involved. V. For the purposes of this endorsement, the following Definition is added: Location means premises owned by or rented to the Named Insured involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. Location does not mean any operation or project away from premises owned by or rented to the Named Insured. VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75059XX (1-15) Page 1 of 1 CONTINENTAL CASUALTY COMPANY Insured Name: SYSTEMS DESIGN WEST, LLC Policy No: 6023971937 Endorsement No: 4 Effective Date: 01/11/2017 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Bremerton Kitsap Access Television (BKAT) Service Contract with the City of Bainbridge Island (5 -Year) 51 Study Session Date: November 8, 2017 COUNCIL MEETING Date: November 15. 2017 Department: Presenter: Phone: BKAT Char Burnette (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 begins with $33,000.00 (1/121h 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: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT CITY OF BAINBRIDGE ISLAND This Bremerton Kitsap Access Television Service Contract ("Agreement") is made and executed by and between the City of Bremerton ("Bremerton"), which operates Bremerton Kitsap Access Television ("BKAT"), and the City of Bainbridge Island ("City"), hereinafter referred to individually as a "Party" and collectively as the "Parties." 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 the City's 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. BKAT's specified numbers of service commitments covered by this Agreement are set forth in the following "BKAT Service Commitments to the City" table: 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 "Examples of Additional Services" 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, Various $100 per hour arts events, etc. Off-site —outside 30-60 seconds - Fees TBD and of City Hall as requested approved at time of 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 cause upon giving one hundred twenty (120) days' written notice to the other party. 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 the Agreement herein, each party shall pay its own costs and attorney's fees. 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 BKAT (Bremerton Kitsap Access Television) 7266 Tibardis Rd NW Bremerton, WA 98311 City Manager City of Bainbridge Island 280 Madison Ave N. Bainbridge Island, WA 98110 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 Patty Lent, Mayor APPROVED AS TO FORM Roger A. Lubovich, City Attorney Page 3 of 3 CITY OF BAINBRIDGE ISLAND Doug Schulze, City Manager AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Bremerton Kitsap Access Television (BKAT) Service Contract Interlocal Agreement with Kitsap County (3 -Year) 5J Study Session Date: November 8, 2017 COUNCIL MEETING Date: November 15. 2017 Department: Presenter: Phone: BKAT Char Burnette (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: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action 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 -Scone 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 18 7 126 Examiner Misc.: County Commissioner Administration As requested 3 per year 4 12 Special Building meetings or public hearings Kitsap Regional Norm Dicks lsr 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 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. IDB11 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 Obliaations 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)4 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 onan 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 CITY OF BREMERTON BOARD OF COMMISSIONERS Patty Lent, Mayor Ed Wolfe, Commissioner 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 ist and 4th Monday at 7:00 p.m. Kitsap County Hearina Examiner • Recorded programs air every Wednesday at 12:00 p.m. Kitsaa Reaional Coordinatina 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 Budaet Hearinas • 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 thehearings. 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 SUBJECT: Acceptance of the Municipal Water Quality Stormwater Capacity Building Grant from the Washington State Department of Ecology for 2017-2019 5K Study Session Date: November 8, 2017 COUNCIL MEETING Date: November 15. 2017 Department: Presenter: Phone: Public Works & Utilities Chance Berthiaume (360) 473-5929 SUMMARY: Bremerton Public Works and Utilities applied for and received a $50,000 Stormwater Capacity Building Grant from Ecology's Water Quality Stormwater program 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: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 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 DEPARTMENT OF ECOLOGY State of Washington FY2017-19 Municipal Stormwater Capacity -Building Grant: $50,000 grant - No -Match funds required 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 Ecology's 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. Key Dates: December 31St, 2017 - Approved and signed agreement mailed back to Ecology January 30th, 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 DEPARTMENT OF i ECOLOGY State of Washington Agreement No. WQSWCAP-1719-BremPW-00034 WATER QUALITY STORMWATER CAPACITY 1719 AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF BREMERTON This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and City of Bremerton, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: 2017-2019 Biennial Stormwater Capacity Grants $50,000.00 $50,000.00 $50,000.00 $0.00 07/01,2017 03/31:2019 Capacity Grant Project Short Description: This project will assist Phase I and II Permittees in implementation or management of municipal stormwater programs. Project Long Description: NA Overall Goal: This project will improve water quality in the State of Washington by reducing stormwater pollutants discharged to state water bodies. State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton RECIPIENT INFORMATION Organization Name: City of Bremerton Federal Tax ID: 91-6001231 DUNS Number: 556846970 Mailing Address: 100 Oyster Bay Ave N Bremerton, Washington 98312 Physical Address: 100 Oyster Bay Ave N Bremerton, Washington 98312 Bremerton, Washington 98312 Organization Email: chance.berthiaume@ci.bremerton.wa.us Contacts Page 2 of 20 Project Manager Chance Berthiaume NPDES Stormwater Permit Coordinator 100 Oyster Bay Ave N Bremerton, Washington 98312 Email: chance.berthiaume@ci.bremerton.wa.us Phone: (360) 473-5929 Billing Contact Anna Swart Accountant / Financial Analyst 345 6th Street, Suite 600 Bremerton, Washington 98337 Email: anna.swart@ci.bremerton.wa.us Phone: (360) 473-2327 Authorized Chal Martin Signatory Public Works Director 345 6the Street, Suite 600 Bremerton, Washington 98337 Email: chal.martin@ci.bremerton.wa.us Phone: (360) 473-5758 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton ECOLOGY INFORMATION Mailing Address: Department of Ecology Water Quality PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Water Quality 300 Desmond Drive SE Lacey, WA 98503 Contacts Page 3 of 20 Version 10/30/2015 Kyle Graunke Project Manager PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461@ecy.wa.gov Phone: (360) 407-6452 Kyle Graunke Financial Manager PO Box 47600 Olympia, Washington 98504-7600 Email: kygr461 @ecy.wa.gov Phone: (360) 407-6452 Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton AUTHORIZING SIGNATURES Page 4 of 20 RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology By: Heather R. Bartlett Water Quality Program Manager Template Approved to Form by Attorney General's Office Vernon 10:30 2015 Date City of Bremerton By.!�!z r',/ Chal Martin Public Works Director Date State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton Patty Lent Page 5 of 20 Mayor, City of Bremerton Date Chance Berthiaume NPDES Stormwater Permit Coordinator Date Version 10-30;2015 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton SCOPE OF WORK Task Number: Task Title: Project Administration/Management Task Cost: $500.00 Task Description: A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements. Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and corresponding backup documentation; progress reports; an EAGL (Ecology Administration of Grants and Loans) recipient closeout report; and a two-page final outcome summary report (including photos, if applicable). In the event that the RECIPIENT elects to use a contractor to complete project elements, the RECIPIENT shall retain responsibility for the oversight and management of this funding agreement. B. The RECIPIENT shall keep documentation that demonstrates the project is in compliance with applicable procurement, contracting, and interlocal agreement requirements; permitting requirements, including application for, receipt of, and compliance with all required permits, licenses, easements, or property rights necessary for the project; and submittal of required performance items. This documentation shall be made available to ECOLOGY upon request.. C. The RECIPIENT shall maintain effective communication with ECOLOGY and maintain up -to- date staff contact information in the EAGL RECIPIENT contact form. The RECIPIENT shall cant' out this project in accordance with any completion dates outlined in this agreement. Task Goal Statement: Properly managed and fully documented project that meets ECOLOGY's grant and loan administrative requirements. Task Expected Outcome: * Timely and complete submittal of requests for reimbursement, quarterly progress reports, RECIPIENT closeout report, and two-page outcome summary report. * Properly maintained project documentation Recipient Task Coordinator: Chance Berthiaume Project Administration/Management Deliverables Page 6 of 20 Number Description Due Date 1.1 Progress Reports that include descriptions of work accomplished, project challenges, or changes in the project schedule. Submitted at least quarterly. 1.2 Recipient Closeout Report (EAGL Form) 1.3 Two-page Outcome Summary Report Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton SCOPE OF WORK Task Number: 2 Task Cost: $49,500.00 Task Title: Permit Implementation Task Description: Conduct work related to implementation of municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit requirements. If the RECIPIENT is out of compliance with the municipal stormwater National Pollutant Discharge Elimination System (NPDES) permit, the RECIPIENT will ensure funds are used to attain compliance where applicable. RECIPIENT may conduct work related to implementation of additional activities required by the municipal stormwater NPDES permits. The following is a list of elements RECIPIENT's project may include. 1) Public education and outreach activities, including stewardship activities. 2) Public involvement and participation activities. 3) Illicit discharge detection and elimination (IDDE) program activities, including: a) Mapping or geographic information systems of municipal separate storm sewer systems (MS4s). b) Staff training. c) Activities to identify and remove illicit stormwater discharges. d) Field screening procedures. e) Complaint hotline database or tracking system improvements. 4) Activities to support programs to control runoff from new development, redevelopment, and construction sites, including: a) Development of an ordinance and associated technical manual or update of applicable codes. b) Inspections before, during, and upon completion of construction, or for post -construction long-term maintenance. c) Training for plan review and/or inspection staff. d) Participation in applicable watershed planning effort. 5) Pollution prevention, good housekeeping, and operation and maintenance program activities, such as: a) Inspecting and/or maintaining the MS4 infrastructure. b) Developing and/or implementing policies, procedures, or stormwater pollution prevention plans at municipal properties or facilities. 6) Annual reporting activities. 7) Establishing and refining stormwater utilities, including stable rate structures. 8) Water quality monitoring to implement permit requirements for a Water Cleanup Plan (TMDL). Note that any monitoring funded by this program requires submittal of a Quality Assurance Project Plan (QAPP) that the DEPARMENT approves prior to awarding funding for monitoring. Monitoring, including: a) Development of applicable QAPPs. b) Monitoring activities, in accordance with a DEPARTMENT- approved QAPP, to meet Phase I/II permit requirements. 9) Structural stormwater controls program activities (Phase I permit requirement) 10) Source control for existing development (Phase I permit requirement), including: a) Inventory and inspection program. b) Technical assistance and enforcement. c) Staff training. Version 10/30/2015 Page 7 of 20 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton 11) Equipment purchases that result directly in improved compliance with permit requirements. Allowed costs for equipment purchases must be specific to implementing a permit requirement (such as a vactor truck) rather than general use (such as a general use pick-up truck). Qualified equipment purchases include but are not limited to: a) Illicit discharge testing equipment and materials. b) Vactor truck or sweeper truck or MS4 maintenance activities. c) Electronic devices dedicated to mapping of MS4 facilities and attributes. d) Software dedicated to tracking permit implementation activities. As a deliverable, documentation of all tasks completed is required. Documentation includes but is not limited to: maps, field reports, dates and number of inspections conducted, dates of trainings held and participant lists, number of illicit discharges investigated and removed, summaries of planning, stormwater utility or procedural updates, annual reports, copies of approved QAPPs, summaries of structural or source control activities, summaries of how equipment purchases have increased or improved permit compliance. Task Goal Statement: This task will improve water quality in the State of Washington by reducing the pollutants delivered by stormwater to lakes, streams, and the Puget Sound by implementing measures required by Phase I and II NPDES permits. Task Expected Outcome: RECIPIENTS will implement measures required by Phase I and II NPDES permits. Recipient Task Coordinator: Chance Berthiaume Permit Implementation Deliverables Number Description Due Date 2.1 Documentation of tasks completed Version 10/30/2015 Page S of 20 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton BUDGET Funding Distribution EG180097 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to idents each budget. Funding Title: Funding Effective Date: Funding Source: Title: Type: Funding Source %: Description: FYI 719 Capacity Grants 07/01/2017 Stormwater Capacity State 100% Funding Type: Grant Funding Expiration Date: 03/31/2019 Approved Indirect Costs Rate: Approved State Indirect Rate: 25% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No FY1719 Capacity Grants Task Total Grant and Loan Administration $ 500.00 Permit Implementation $ 49,500.00 Total: $ 50,000.00 Version 10/30/2015 Page 9 of 20 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton Funding Distribution Summary Recipient / Ecology Share Page 10 of 20 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total FYI 719 Capacity Grants 0.00 % $ 0.00 $ 50,000.00 $ 50,000.00 Total $ 0.00 $ 50,000.00 $ 50,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION. DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQSWCAP- F 19-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton Page 11 of 20 remedies, including suspension and debarment. 8. RECIPIENT CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENTCONTRACTOR must run a search in har: w,�,, .sam- v _ and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <http://www.fsrs.gov/-' within 30 days of agreement signature. The FFATA information will be available to the public at www.usaMendina.gov ChtW:/iwww.usas12ending. For more details on FFATA requirements, see www.fsrs. ov::- t. :I/www.fsrs.gov/>. Version 10:3012015 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.html b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. Page 12 of 20 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. Version 10/30/2015 State of Washington Department of Ecology Page 13 of 20 Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Storrnwater Capacity Grants Recipient Name: City of Bremerton e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasingBusinessNendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@watech.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. Version 10/30/2015 State of Washington Department of Ecology Page 14 of 20 Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for each project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required the RECIPIENT shall: • Use ECOLOGY's QAPP Template provided by the ECOLOGY Program. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton Page 15 of 20 • Follow ECOLOGY'S Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The data must be successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority-owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. Page 16 of 20 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton Page 17 of 20 c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton 22. RECOVERY OF FUNDS Page 18 of 20 The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp. 27. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date Version 10/30/2015 State of Washington Department of Ecology Page 19 of 20 Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28. THIRD PARTY BENEFICIARY Version 10/30/2015 State of Washington Department of Ecology Agreement No: WQSWCAP-1719-BremPW-00034 Project Title: 2017-2019 Biennial Stormwater Capacity Grants Recipient Name: City of Bremerton RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. GENERAL TERMS AND CONDITIONS LAST UPDATED 05/11/2017 Version 10/30/2015 Page 20 of 20 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with BHC Consultants for the Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Project Study Session Date COUNCIL MEETING Date Department: Presenter: Tom Knuckey Phone: (360) 473-2376 SL November 8, 2017 November 15, 2017 Public Works & Utilities 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: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 The City of Bremerton ("City") and BHC Consultants, LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L 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 IKA 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. Consultant's charges and 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 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 City's employees and other Consultants. None of the benefits provided by the City to its 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 City'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 City's sole negligence, 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 Consultant's 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. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. 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 obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6 t 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 the specific purpose intended will be at City's sole risk. 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: City of Bremerton Attn: Engineering Division 345 Sixth Street, Suite 600 Bremerton, WA 98310 Consultant Address: BHC Consultants 1601 Fifth Avenue, Suite 500 Seattle, WA 98101 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. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 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 Party's sending notice to the non-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 Delay 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 (Signature) By: Patty Lent (Print name) its: Mayor Date: Approved as to form: Bremerton City Attorney R:\Legal\Legal\Contracts\FORMS\Professional Services Agreement Form (2016).doc Bremerton/BHC Consultants Sewage Pump Station CW -4 Upgrade and OF -12 Modification Page 7 of 7 CONSULTANT (Signature) By: (Print name) its: Date: Attest: City Clerk October 2017 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 convey the flow into the Crosstown Pipeline or the gravity sewer along 13th 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 Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Exhibit A 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 Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Exhibit A 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. 6) City to determine the discharge location for the 8 -inch Ohio Avenue force main (13th 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 100 ft. south of 13th Street to 200 ft. north of 13th 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 Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Exhibit A 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, (1) from approximately 100 ft. south of 13th Street to 200 ft. north of 13th 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 Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Exhibit A 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 Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Exhibit A 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 Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Exhibit A 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 Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Exhibit A 5) Hard copy drawings for the signed Final Construction Bid Documents will be provided in full size (22"04"). 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 (NO1) 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 NO1 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 NO1 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 (0&M) manuals from the Contractor for the pump station and provide written comments to the City. 12) Supplement the 0&M manual provided by the Contractor to develop a Facility 0&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 0&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 0&M Manual for the pump station. 8) One (1) electronic copy (Adobe pdf format) of the Facility 0&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 Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Exhibit A 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 Sewage Pump Station CW -4 Upgrade and OF -12 Modifications Scope of Services Exhibit A 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 I II 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 O II I 111111111111111111111 IS Ills I ■ I I,I I III I III I III I ■ I I,I I III III IIIIIII IIII IIIII IIIIIIIII III I ■ ! II I1111111 I III I III III -III EXHIBIT D 2017-2018 Schedule of Charges S U LTA N TS 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 Ik Twp , IT Liw* i VICINITY MAP SEWAGE PUMP STATION CW -4 AND OF -12 - .BTW AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5M 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: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 IL 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 of the Consultant's 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 Contract Modification does not limit the City's right to bring a claim for past performance. 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 CONSULTANT. By Its DATE: APPROVED AS TO FORM: Bremerton City Attorney NOTICES TO BE SENT TO: Dave Dinkuhn Senior Engineer Parametrix 4660 Kitsap Way, Suite A Bremerton, WA 98312 360-377-0014 R:\LEGAL\Contracts\FORMS\Contract Modification (2003).doc CONTRACT MODIFICATION 2 Project Number: Initials and Date THE CITY OF BREMERTON By Patty Lent Its Mayor DATE: ATTEST: City Clerk NOTICES TO BE SENT TO: Tom Knuckey, PE City Engineer City of Bremerton Engineering Department 3027 Olympus Drive Bremerton WA, 98312 360-473-2376 Parametrix ENGINEERING . PLANNING ENVIRONMENTAL SCIENCES EXH I BIT 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 Phase Cost 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 Bremerton 233-1896-107 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 Bremerton 233-1896-107 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 -Year Summary 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 Bremerton 233-1896-107 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 Bremerton 233-1896-107 Former Chevron Property Remediation Amendment No. 3 4 October 2017 Parametrix ENGINEERING . PLANNING ENVIRONMENTAL SCIENCES EXHIBIT B SCHEDULE Schedule Work Element Completed By Notice to Proceed October 31, 2017 Draft Work Plan Update 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 Bremerton 233-1896-107 Former Chevron Property Remediation Amendment No. 3 1 October 2017 AGENDA BILL CITY OF BREMERTON SN 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: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 DATA SOLUTIONS Bremerton TMC and Travel Time 10/20/11 Shane, Below is a summary of work and related fees for collecting turning movement counts and travel times within Bremerton. This is a DRAFT scope and we can shuffle things around as you see fit. Let me know if you have any questions. Task Description 1) Turning Movement Counts (TMC) This task includes collection of TMC at 45 locations (See list below). The approach for this task will be to collect a large time frame at a small number of intersections to understand various peaks throughout the day. Then identify a smaller time frame(s) to summarize the remaining intersections. o Assume 10 locations summarized between S:OOAM and 7:OOPM (Bold Intersections in list) o Assume 35 locations summarized for 6 hours; peaks to be determined after initial review of 10 locations. o Assume 10 locations (Bold intersections in list) collected for 10 hours on Saturday. Collection time from 7:OOAM to S:OOPM. Deliverable: Summarized reports of each peak period and Synchro deliverable. 2) Travel Time Collection (Wi-Fi) This includes Wi-Fi collection for travel time information on key corridors. Wi-Fi units will be deployed for weekday and Saturday conditions. Units will be deployed on Monday and run through Saturday. Deliverable: Deliverable will include summarized weekday and Saturday travel time reports throughout the week on up to 8 corridors. Note: Change in scope may require update to fee proposal. # Locations 45 10 Cost/ Unit $50/hr $675 Total Cost $22,500 $7,425 TOTAL $29,925 www. idaxdata.eom TMC Locations: SR 310 — 11 intersections 1. Kitsap Way and North Lake Way 2. Kitsap Way and SR 3 SB Ramps 3. Kitsap Way and SR 3 NB Ramps 4. Kitsap Way and Shorewood Drive 5. Kitsap Way and Ostrich Bay Avenue 6. Kitsap Way and Oyster Bay Avenue 7. Kitsap Way and National Avenue N 8. Kitsap Way and Marine Drive 9. Kitsap Way and 13th, Corbert & Wilbert 10. Kitsap Way and 111h Avenue 11. Kitsap Way and Wycoff Avenue N 6th Street — 9 Intersections 12.6 th Street and N Callow Avenue 13.6 th Street and N Montgomery Avenue 14.6 1h Street and Naval Avenue 15.6 th Street and High Avenue 16.6 th Street and Veneta Avenue 17.6 1h Street and Warren Avenue 18.6 th Street and Park Avenue 19.6 th Street and Pacific Avenue 20.6 th Street and Washington Avenue SR 303 — 9 intersections 21. Warren Avenue and Burwell Street 22. Warren Avenue and 11th Street 23. Warren Avenue and 13th Street 24. Warren Avenue and 16th Street 25. Wheaton Way and Sheridan Road # w a�"- DATA SOLUTIONS www. idaxdata.eom 26. Wheaton Way and Sylvan Way 27. Wheaton Way and Hollis Street 28. Wheaton Way and NE Riddell Road 29. Wheaton Way and NE Furneys Lane • 11th Street — 5 intersections 30. 11' Street and N Callow Avenue 31. 11' Street and Naval Avenue 32. 11th Street and High Avenue 33. 111h Street and Park Avenue 34. 111h Street and Washington • Burwell Street —11 intersections 35. Burwell Street and Callow Avenue 36. Burwell Street and Montgomery Avenue 37. Burwell Street and Navel Avenue 38. Burwell Street and State Street 39. Burwell Street and Chester Avenue 40. Burwell Street and Park Avenue 41. Burwell Street and Tunnell 42. Burwell Street and Pacific Avenue 43. Burwell Street and Washington Avenue 44. SR 304 / Farragut Avenue 45. SR 304 / Charelston Beach Road Wi-Fi Locations: 1. Kitsap Way and Northlake Way 2. Kitsap Way and SR 3 NB Ramps 3. Kitsap Way and 11th Avenue 4. Kitsap Way and Callow Avenue 5. 11th Street and Warren Avenue 6. 6th Street and Warren Avenue # w a�"- DATA SOLUTIONS www. idaxdata.eom 7. SR 304 and Burwell Street 8. SR 304 and SR 303 9. SR 303 and Riddell Road 10. Manette Bridge and Wheaton Way 11. SR 3 and SR 304 Thanks, la Scott Lee, PE CEO (425) 614-6231 scott. lee kidaxdata.com ■ DATA SOLUTIONS www. idaxdata.eom PROFESSIONAL SERVICES AGREEMENT Intersection Turning Movement Counts and Travel Time Data Collection The City of Bremerton ("City") and _IDAX Data Solutions ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L 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 . Consultant's charges and 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 City's employees and other Consultants. None of the benefits provided by the City to its 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 City'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 City's sole negligence, 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 Consultant's 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. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. 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 obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th 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 the specific purpose intended will be at City's sole risk. 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 9805 NE 116th Street 97148 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. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 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 Party's sending notice to the non-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 Delay 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 By:_ its:_ Date: Approved as to form: Bremerton City Attorney R:\Legal\Legal\Contracts\FORMS\Professional Services Agreement Form (2016).doc Bremerton/Idax Data Solutions CONSULTANT By: its: Date: Attest: City Clerk Intersection Turning Movement Counts and Travel Time Data Collection Rev 02-16 Page 7 of 7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5337 amending Ordinance Nos. 4875, 5226, and 5287 to extend the Puget Sound Energy Franchise Agreement Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 50 November 8, 2017 November 15, 2017 Public Works & Utilities Thomas Knuckey (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. 5337 2) Ordinance No. 4875 3) Ordinance No. 5226 4) Ordinance No. 5287 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5337 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 Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5337 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 ("PSE") a franchise for purposes of transmission, distribution and sale of electricity for power, heat, light and any other purpose for which electricity can be used, said ordinance 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: 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 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 Approved this day of ATTEST: SHANNON CORIN, City Clerk PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. day of )2017. ERIC YOUNGER, Council President 2017. PATTY LENT, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 2017. 2017. 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 Washington corporation, for a franchise to construct, operate and maintain facilities in, upon, over, under, along, across and through the franchise area of the City of Bremerton, Washington Franchise Ordinance No. (Extension of Franchise Term established by Ordinance No. 4875, Ordinance No. 5226, and Ordinance No. 5287) 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] 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 M Puget Sound Energy Franchise Extension 2017 EXHIBIT ORDINANCE NO. AN ORDINANCE granting Puget Sound Energy, Inc., a Washington corporation, the right, privilege, 'authority and franchise to set, erect, construct, support, attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used; and to charge and collect tolls, rates and compensation for such energy and such uses. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. DEFINITIONS. 1.1 Where used in this franchise (the "Franchise") the following terms shall mean: 1.1.1 "PSE" means Puget Sound Energy, Inc., a Washington corporation, and such successors and assigns as are approved by the City pursuant to this Franchise Ordinance. 1. 1.2 "City" means the City of Bremerton, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.1.3 "Franchise Area" means any, every and all of the roads, streets, avenues, alleys, highways, and public rights-of-way as now laid out, platted, dedicated or improved; and any, every and all roads, streets, avenues, alleys, highways and public rights-of-way, that may hereafter be laid out, platted, dedicated or improved within the present limits of the City and as such limits may be hereafter extended. "Franchise area" does not, however, include any other public property owned in whole or in part, leased or otherwise occupied by the City. 1. 1.4 "Facilities" means poles (with or without crossarms), wires, lines, conduits, cables, communication and signal lines, braces, guys, anchors, vaults and all necessary or convenient facilities and appurtenances thereto whether the same be located over or under ground. 1.1.5 "Ordinance" means this Ordinance which sets forth the terms and conditions of this Franchise. SECTION 2. FACILITIES WITHIN FRANCHISE AREA. 2.1 Pursuant and subject to the City Charter, the City does hereby grant to PSE the right, privilege, authority and franchise to: Puget Sound Energy .Franchise 2.1.1 Set, erect, construct, support, attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used.; and 2.1.2 To charge and collect tolls, rates and compensation for such energy and such uses. 2.2 This Franchise does not allow PSE the right to use the Franchise Area for any purpose other than the transmission, distribution and sale of electricity, or to install any facilities in the Franchise Area other than the Facilities described herein. 2.3 PSE shall comply with all applicable federal, state and local laws (including, but not limited to, the lawful exercise of the City's general police powers) in connection with the exercise of its rights under this Franchise. Notwithstanding the foregoing, this Franchise shall supersede, govern and control any ordinance, rule, plan, policy, resolution, regulation or other directive of the City to the extent any such ordinance, rule, plan, policy, resolution, regulation or other directive conflicts with, or is inconsistent with, the terms and conditions of this Franchise. 2.4 PSE's Facilities shall be maintained within the Franchise Area so as not to unreasonably interfere with the use of the Franchise Area by the City and by the general public and in accordance with the laws of the State of Washington and the City of Bremerton. 2.5 PSE shall obtain all necessary permits and approvals from the City and all other agencies with jurisdiction and shall comply with all applicable City or state codes, rules, regulations, standards and procedures, as now or hereafter amended, to the same extent as any other person or entity doing business within the City, except as otherwise provided by this Franchise. SECTION 3. RESTORATION OF FRANCHISE AREA. 3.1 When PSE or any person acting on its behalf does any work in or affecting the Franchise Area, it shall, at its own expense, promptly remove any obstructions therefrom and restore, to the City's reasonable satisfaction, such Franchise Area to as good a condition or better as existed before the work was undertaken, unless otherwise directed by the City. Recorded survey monuments shall be restored in accordance with applicable ordinances or laws. 3.2 If weather or other conditions do not permit the complete restoration required by this Section, PSE shall temporarily restore the Franchise Area. Such temporary restoration shall be at PSE's sole expense and PSE shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 3.3 PSE or other person acting in its behalf within the Franchise Area shall use suitable barricades, flags, flag persons, lights, flares, and other measures as required by applicable law for the safety of all members of the general public. 2 Puget Sound Energy Franchise 3.4 The Director of Public Works and Utilities, or designee, shall be responsible for inspection and final approval of the condition of the Franchise Area following any construction and restoration activities therein, according to City engineering standards. 3.5 Except in the case of emergencies as determined by the City, cutting of pavement shall be prohibited a) in a newly constructed, reconstructed or resurfaced street for a period of five (5) years from the paving of such street, or b) in a street where a trench was previously available due to construction or other similar activities, for a period of three (3) years from the date the trench was available when in each instance, PSE was given reasonable prior notice to perform work in the Franchise Area. The City may require that PSE facilities be located within existing underground ducts or conduits wherever the capacity exists, Provided, however, the Director of Public Works and Utilities, or designee, may in his or her discretion permit pot -holing (subject to conditions to alleviate the harmful effects) where conduit is to be placed underground by means of directional boring and the person seeking permission has provided evidence satisfactory to the Director of Public Works and Utilities, or designee, that (a) such pot -holing is necessary to avoid interference with existing utilities; (b) such pot -holing is the only reasonable alternative available to locate existing utilities and (c) such pot -holing will result in little or no visual or other detrimental impact to the street. 3.6 Any and all property in the Franchise Area that is disturbed or damaged during the construction, operation, repair or removal of any PSE Facility shall be promptly repaired by PSE. The property must be restored to the satisfaction of the City and to a condition as good as or better than, and for street and sidewalk cuts, to a condition as good as before the disturbance or damage occurred. 3.7 PSE shall repair as needed all property in the Franchise Area restored as a result of any activity pursuant to Section 3, (which may consist of curb, gutter, sidewalk, pavement, or other restored appurtenances), in a condition as good as or better than, the condition of the adjacent undisturbed property in the Franchise Area to the extent such repair is required as a result of the restored area being defective or otherwise inferior to the adjacent untouched or undisturbed area as a result of PSE's activities in the Franchise Area. SECTION 4. RELOCATION OF FACILITIES, 4.1 Whenever the City causes a public right of way improvement to be undertaken within the Franchise Area, and such public right of way improvement requires the relocation of PSE's then existing Facilities within the Franchise Area (for purposes other than those described in paragraph 4.2 below), the City shall: 4. 1.1 Provide PSE, within a reasonable time prior to the commencement of such public right of way improvement, written notice requesting such relocation; and 4.1.2 Provide PSE with reasonable plans and specifications for such public right of way improvement. After receipt of such notice and such plans and specifications, PSE shall relocate such Facilities within the Franchise Area at no charge to the City. If the City requires the subsequent relocation 3 Puget Sound Energy Franchise of any Facilities within five (5) years from the date of relocation of such Facilities pursuant to this Section 4.1, the City shall bear the entire cost of such subsequent relocation. As used in this Section 4, the term "public right of way improvement" includes an improvement identified in the City's six-year Transportation Improvement Program or the City's Capital Improvement Plan. 4.2 Whenever (i) any public or private development within the Franchise Area, other than a public right of way improvement, requires the relocation of PSE's Facilities within the Franchise Area to accommodate such development; or (ii) the City requires the relocation of PSE's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, PSE shall have the right as a condition of such relocation, to require such developer, person or entity to make payment to PSE, at a time and upon terms acceptable to PSE, for any and all costs and expenses incurred by PSE in the relocation of PSE's Facilities. 4.3 Any condition or requirement imposed by the City upon any third party (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development) which necessitates the relocation of PSE's Facilities within the Franchise Area shall be deemed a condition or requirement causing relocation of PSE's Facilities to occur subject to the provisions of Subsection 4.2 above; provided, however: 4.3:1 If the City reasonably determines, and notifies PSE in writing of such determination, that the primary purpose of imposing such condition or requirement upon such person or entity is to cause, on the City's behalf, a public street improvement within the Franchise Area, then relocation will be pursuant to Section 4.1 above. 4.4 Nothing in this Section 4 "Relocation of Facilities" shall require PSE to bear any cost or expense in connection with the location or relocation of any Facilities then existing under benefit of easement or such other private property rights. 4.5 The conversion to underground service shall be pursuant to Section 12. SECTION 5. INDEMNIFICATION AND INSURANCE. 5.1 Indemnification. 5.1.1 PSE shall defend, indemnify, and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, demands, injuries, damages, losses or suits, including all legal costs and attorney fees, made against it on account of injury or damage to the person or property of another, to the extent such injury or damage results, or. is alleged to result, from the negligent or intentional acts or omissions of PSE, its officers, officials, employees, agents and volunteers, in connection with the exercise of the rights granted to PSE in this Franchise, including, but not limited to, the construction, inspection, maintenance, or operation of PSE Facilities, or the placement or location of it's Facilities in the Franchise Area. In the event any such claim or demand is presented to or filed with the City, the City shall promptly notify PSE thereof. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege or authority granted by or exercised pursuant to this Franchise when the City determines that such participation is 4 Puget Sound Energy Franchise required to protect the interests of the City or the public. The cost of such additional City participation shall be borne by the City. PSE's obligation to indemnify the City shall not apply to any claim, demand, injury, loss or suit that is caused by or arises out of the sole negligence of the City, its officers, officials, employees, agents and volunteers. Upon indemnification and defense of the City, PSE shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand, provided further, that in the event any suit or action be begun against the City based upon any such claim or demand, the City shall likewise promptly notify PSE thereof, and PSE shall have the right, at its election and sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election. 5.1.2 Inspection or acceptance by the City of any work performed pursuant to this Franchise in the Franchise Area by PSE, its agents, servants, contractors, officers, or employees, during or at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. 5.1.3 In the event that PSE refuses a tender of defense under subsection 5.1.1 above, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the PSE, then PSE shall pay the City's reasonable attorneys' fees incurred in connection with the wrongful refusal of such tender (in addition to, and without limitation of, such other costs and expense as are determined by such court or tribunal as being within the scope of subsection 5.1). 5.1.4 As to claims made pursuant to Section 5.1, such claims shall survive the expiration or termination of this Franchise. 5.1.5 The City shall not be liable to PSE for any damage to or loss caused by the City of any PSE Facilities within the Franchise Area as a result of or in connection with any public works, public improvements, construction, excavating, grading, filling, or other City work except to the extent such loss is attributable to intentional acts or omissions or the gross negligence of the City; provided that in no event shall the City be responsible for consequential damages, including, but not limited to, lost profits or business interruption. 5.2 Insurance. 5.2.1 PSE shall maintain for the duration of this franchise, insurance or self insurance against claims for injuries to persons or damage to property that may arise from or in connection with the exercise of franchise rights by PSE, its agents, representatives, employees, contractors or volunteers. PSE shall provide and keep current a certificate of insurance evidencing commercial general liability insurance with limits no less than $1,000,000 combined single limit and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include blanket contractual, products/completed operations, broad form property damage, and explosion, collapse and underground (XCU). The City, its officials, employees, agents and volunteers, shall be named as an additional insured, as respects work performed by or 5 Puget Sound Energy .Franchise on behalf of PSE, and a copy of the endorsement naming the City as additional insured shall be attached to the certificate of insurance. PSE's insurance shall be primary insurance as respects the City, and the City shall be given 30 calendar days prior written notice of any cancellation, suspension or material change in coverage. SECTION d. MOVING BUILDINGS WITHIN THE FRANCHISE AREA. 6.1 If any person or entity obtains permission from the City to use the Franchise Area for the moving or removal of any building or other object, the City shall, prior to granting such permission, require such person or entity to make any necessary arrangements with PSE for the temporary adjustment of PSE's wires to accommodate the moving or removal of such building or other object. Such necessary arrangements with PSE shall be made, to PSE's reasonable satisfaction, not less than fourteen (14) days prior to the moving or removal of said building or other object. In such event, PSE shall at the expense of the person or entity desiring to move or remove such building or other object, adjust any of its wires which may obstruct the moving or removal of such building or other object. ,SECTION 7. REVOCATION OF FRANCHISE. 7.1 This Franchise may be revoked and all rights therein forfeited by the City if PSE shall fail to comply with the terms and conditions of this Franchise. Without limiting the generality of the foregoing, the City may initiate a proceeding to revoke this Franchise if it believes that any one or more of the following actions by PSE constitute a breach of this Franchise; 7.1.1 Construction or operation of Facilities in the Franchise Area without a franchise, in a manner that is inconsistent with this Franchise; 7.1.2 Construction or operation of Facilities in the Franchise Area at an unauthorized location within the Franchise Area so as to be inconsistent with this Franchise; 7.1.3 Unauthorized assignment of this Franchise by PSE, in a manner that is inconsistent with this Franchise; 7.1.4 Material misrepresentation of fact by or on behalf of PSE upon which the City relies in making a decision to grant, review or amend this Franchise; 7.1.5 Abandonment of Facilities in the Franchise Area, in a manner that is inconsistent with this Franchise; 7.1.6 Failure to relocate Facilities in accordance with this Franchise; or 7.1.7 Violation of any other material provision of this Franchise. 7.2 In the event that the City believes that grounds exist for revocation of the Franchise, PSE shall be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or 6 Puget Sound Energy Franchise noncompliance, and providing PSE a reasonable period of time not exceeding thirty (3 0) days to furnish evidence: 7.2.1 That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; or 7.2.2 That rebuts the alleged violation or noncompliance; 7.3 In the event that PSE fails to provide evidence reasonably satisfactory to the City as provided in Subsection 7.2 above, the City shall refer the apparent violation or non- compliance to the City Council. The City Council shall provide PSE with notice and a reasonable opportunity to be heard concerning the matter. 7,4 If the City Council determines that PSE willfully violated or failed to comply with the terms and conditions of this Franchise through willful misconduct or gross negligence or failed to heed or comply with any notice given PSE by the City under the provisions of this Franchise, then upon order of the City Council, this Franchise may be revoked and all rights therein forfeited. 7.5 The foregoing provisions of subsections 7.1 through 7.4 (pertaining to certain remedies afforded the City in the event of a breach of this Franchise by PSE) are in addition to, and not a limitation of, any and all right and remedies afforded a party in the event of a default by the other party. Without limiting the generality of the foregoing, if a party shall be in default of its obligations under this Franchise, the other party may secure an order of specific enforcement of the defaulting party's obligations under this Franchise from the Superior Court. SECTION 8. NONEXCLUSIVE FRANCHISE. 8.1 This Franchise is not and shall not be deemed to be an exclusive Franchise. This Franchise shall not in any manner prohibit the City from granting other and further franchises over, upon, and along the Franchise Area which do not interfere with PSE's rights under this Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. SECTION 9. FRANCHISE TERM. 9.1 This Franchise is and shall remain in full force and effect for a period of ten (10) years from and after the effective date of the Ordinance, provided, however, PSE shall have no rights under this Franchise nor shall PSE be bound by the terms and conditions of this Franchise unless PSE shall, within sixty (60) days after the effective date of the Ordinance, file with the City its written acceptance of the Ordinance. SECTION 10. ASSIGNMENT. 10.1 This Franchise may not, directly or indirectly, be transferred, assigned or disposed of in any manner by PSE except as provided by RCW 80. 12.020 (collectively, "Assignment") 7 Puget Sound Energy Franchise 10.2 Without limiting the generality of the foregoing and to the extent consistent with applicable law, an assignment, in whole or in part, shall be subject to the City's prior written consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, the City hereby consents to PSE's mortgage of this Franchise to the trustee for its bondholders. ,SECTION 11. HERBICIDES. 11.1 PSE shall not apply any herbicide within the Franchise Area without providing the City fourteen (14) days prior written notice of such application, unless the parties agree to a different term, or the City gives a blanket approval as part of a periodic program of spraying. PSE shall post the relevant portion of the Franchise Area at least 8 days prior to any spraying with notice of intended spraying. Nothing herein is intended or shall be construed to relieve PSE of any and all other requirements of applicable law relating to the application of herbicides. SECTION 12. UNDERGROUND AND NEW INSTALLATION OF DISTRIBUTION FACILITIES. 12.1 The City may by written notice to PSE, request PSE to underground its existing distribution Facilities (of 15,000 volts or less) within the Franchise Area improved by the City; provided, that such conversion of PSE's existing Facilities shall be accomplished in accordance with PSE's applicable schedules and tariffs on file with the Washington Utilities and Transportation Commission or its successor, more specifically as applicable, UTC Tariff G, Schedule 74 as enacted and hereinafter amended. 12.2 If PSE elects to install new overhead distribution Facilities (of 15,000 volts or less) within the Franchise Area or a new extension of existing overhead distribution Facilities within the Franchise Area, PSE will provide written notice to the City. The City may by written notice to PSE, request PSE to install such Facilities underground within the Franchise Area; provided, that such installation underground of PSE's Facilities shall be accomplished in accordance with PSE's applicable schedules and tariffs on file with the Washington Utilities and Transportation Commission or its successor, more specifically as applicable, PSE Electric Tariff G, Schedule 74 as enacted and hereinafter amended. 12.3 PSE shall submit design drawings of all underground installations showing the location of all existing utilities using best available information with proposed clearances within the right of way to the City Engineer for City review. Upon completion of construction of such underground installation, PSE shall, within thirty (30) days, submit as -built drawings to the City Engineer for City records. SECTION 13. RIGHT OF CITY TO USE PSE'S POLES. 13.1 During the term of this Franchise, the City may, subject to PSE's prior written consent which shall not be unreasonably withheld, install and maintain City -owned overhead wires for traffic signalization and non-commercial City communication systems (including, but not limited to, data, phone and video) and may install and maintain City -owned street lights upon PSE's poles located within the Franchise Area without charge. The foregoing rights of the City to install and maintain such wires, and street lights are fiuther subject to the following: Puget Sound Energy Franchise 13. 1.1 The City shall perform such installation and maintenance at its sole risk and expense in accordance with all applicable laws and in accordance with such reasonable terms and conditions as PSE may specify SECTION 14. RECORDS OF INSTALLATION. 14.1. PSE shall provide the City, upon the City's reasonable request, copies of available drawings in use by PSE showing the location of its Facilities within the Franchise Area. As to any such drawings so provided, PSE does not warrant the accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are shown in their approximate location. With respect to any excavations within the Franchise Area undertaken by or on behalf of PSE or the City, nothing herein is intended (nor shall be construed) to relieve either party of their respective obligations arising under applicable law with respect to determining the location of utility facilities. SECTION 15. STREET LIGHTING. 15.1 PSE shall provide street lighting services as requested by the City in accordance with applicable schedules and tariffs now on file or hereafter amended with the Washington Utilities and Transportation Commission (or such other regulatory agency having jurisdiction). Additionally, PSE shall provide proper maintenance and prompt customer service to the City with respect to the providing of street lighting service to the City. 15.2 The City reserves the right to install and maintain street lights on PSE poles pursuant to Section 13. No reasonable request by the City for City installation of City -owned street lights will be denied by PSE. 15.3 The City reserves the right to purchase any and all street light systems on PSE poles for market value to be negotiated by the parties. 15.4 By March 1 of each year, PSE shall provide to the City a current inventory of all street lighting fixtures showing all additions and deletions together with updated utility maps showing the location of each PSE -owned street light for which the City is responsible for payment. SECTION 16. FRANCHISE FEE. 16.1 The parties understand that the restrictions of RCW 35.21.860 forbid the imposition of a franchise fee. If at any time the restrictions of this statute should be removed or. modified, the City may seek to amend this Franchise in accordance with Subsection 22.2 below. SECTION 17. CHARGE FOR ADMINISTRATIVE COSTS. 17.1 As provided in RCW 35.21.860, the City may recover from PSE actual administrative expenses incurred by the City that are directly related to: (i) receiving and 9 Puget Sound Energy Franchise approving a permit, license or this Franchise, (ii) inspecting plans and construction, or (iii) preparing a detailed statement pursuant to Chapter 43.21C RCW. SECTION 18. RIGHTS GRANTED. 18.1 No authorization granted under this Ordinance shall convey any right, title or interest in the public ways, but shall be deemed an authorization only to use and occupy the public ways in accordance with RCW 80.32.010. Further, this Ordinance shall not be construed as any warranty of title. SECTION 19. REPAIR AND EMERGENCY WORK. 19.1 In the event of an unexpected repair or emergency within the Franchise Area for which a permit has not been obtained in accordance with Bremerton Municipal Code (BMC) as now or hereafter amended and which such work is not otherwise within the scope of the exemption authorized by the BMC, PSE may commence such repair and emergency response work as required under the circumstances, provided PSE shall notify the City as promptly as possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable. The provisions of this section do not relieve PSE from the requirement to obtain permits and approvals from the City and all other agencies with jurisdiction as set forth is Section 2.6, SECTION 20. MAINTENANCE OF FACILITIES. 20.1 PSE shall maintain its Facilities within the Franchise Area in a manner that complies with all applicable federal, state and local requirements. Additionally, PSE shall provide reasonable maintenance of PSE Facilities, including poles, to prevent deterioration of equipment and service and provide prompt customer response to both the City and the public with respect to deficiencies or failure of Facilities in providing such service. 20.2 Nuisance poles and other Facilities shall be defined, identified and further shall be removed, replaced, relocated or otherwise remedied pursuant to BMC 11.02.270 as currently enacted and as hereinafter amended. 20.3 Replacement of PSE Facilities shall not constitute a requirement that the City upgrade its existing attached equipment or facilities provided transfer of such existing equipment or facilities may be reasonably accommodated on PSE's new Facility. SECTION 21. SHARED USE OF EXCAVATIONS. 21.1 Shared use of excavations shall be pursuant to BMC 11.02.170 as currently, enacted or as hereinafter amended. 10 Puget Sound Energy Franchise SECTION 22. HEADINGS. 22.1 The headings of sections and paragraphs of this Franchise are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. SECTION 23. AMENDMENTS. 23.1 Except as provided in this paragraph 23. 1, this Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, Section 5.1 above) shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by PSE of any and all rights, benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval, license, agreement or other document specifically: 23. 1.1 references this Franchise; and 23.1.2 states that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control. SECTION 24. TARIFFS. 24.1 This Franchise is subject to the provisions of any applicable tariff now or hereafter on file with the Washington Utilities and Transportation Commission or its successor, as construed by any court with jurisdiction on appeal or otherwise. In the event of any conflict or inconsistency between the provisions of this Franchise and such tariff, the provisions of such tariff shall control. 24.1.1 All notices of proposed applicable tariff adjustments, changes, alterations, and additions filed with the Washington Utilities and Transportation Commission by PSE shall be mailed concurrently to the City of Bremerton, to the attention of the Director of Public Works and Utilities. SECTION 25. PRIOR FRANCHISE SUPERCEDED. 25.1 This Franchise shall supercede all prior franchises granted to PSE or its predecessors by the City. 11 Puget Sound Energy Franchise SECTION 26. SEVERABILITY. 26.1 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. SECTION27 EFFECTIVE DATE. 27.1 This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the/,24(l day ofd, 2003 PASSED by the City Council the_Q,t_� day of 2003 CAROL ARENDS, Council President Approved this 2 -Vi day of N� U/��� , 2003 CARY BOZE N, Mayor APPROVED AS TO FORM: PUBLISHED theme_ day of 12003 EFFECTIVE the_,_day of 1,,,�pa �) 32003 ORDINANCE NO. !.If -IS 12 Puget Sound Energy Franchise CITY COUNCIL CITY OF BREMERTON, WASHINGTON In the matter of the application of Puget Sound Energy, Inc., a Washington corporation, for a franchise to construct, operate and maintain facilities in, upon, over under, along, across and through the franchise area of the City of Bremerton; Washington Franchise Ordinance No. 4875 ACCEPTANCE WHEREAS, the City Council of the City of Bremerton, Washington, has granted a franchise to Puget Sound Energy, Inc., a Washington corporation, its successors and assigns, by enacting Ordinance No. 4875, bearing the date of November 19, 2003; and WHEREAS, a copy of said Ordinance granting said franchise was received by the Puget Sound Energy, Inc. on mac. i Z 2003, from said City of Bremerton, Kitsap County, Washington. 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 m A C. - 11-v Vj rvta ►.ti thereunto duly authorized on this 12, -ti -day of 2003. ATTEST: PUGET SOUND ENERGY, INC. By: Attest: aa"A�tl'-A Its: Copy received for City of Bremerton on _ riJ AT .2003 Clerk RALEGAUOrdinencesTSE FmchiseLDOC 13 Puget Sound Energy Franchise EXHIBIT ORDINANCE NO. 5226 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No 4875 by extending the term of the franchise granted to Puget Sound Energy, Inc, a Washington corporation, for purposes of transmission, distribution and sale of electricity WHEREAS, on November 19, 2003 the City Council passed Ordinance No 4875 granting Puget Sound Energy ("PSE") a franchise for purposes of transmission, distribution and sale of electricity for power, heat, light and any other purpose for which electricity can be used, said ordinance attached hereto as Exhibit A and incorporated herein by reference, and WHEREAS, the term of the franchise expires on December 4, 2013 and the City Council and PSE desire to extend the term of the franchise two years to November 30, 2015 and to make corrections to certain references in the franchise, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION L Amendments to Franchise Ordinance Ordinance No 4875 granting PSE a franchise for purposes of transmission, distribution and sale of electricity is hereby amended as follows 1 Franchise Term Extended The term of the francluse as set forth in Section 9 1 of Ordinance No 4875 is extended two years, from December 4, 2013 to November 30, 2015 provided, however, PSE shall have no rights under this franchise nor shall PSE be bound by the terms and conditions of this franchise unless PSE shall, within sixty (60) days after the effective date of the ordinance, file with the City its written acceptance of the ordinance 2 Corrections td References The reference to subsection 22 2 in Section 16 1 is corrected to 23 1 and the reference to subsection 2 6 in Section 19 1 is corrected to 2 5 With the exception of the amendments set forth in this ordinance, all terms and conditions of Ordinance No 4875 are reaffirmed and shall remain in full force and effect SECTION2. SeverabihU If anyone 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 3. E ective 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. Puget Sound Energy Franchise Extension 2013 PASSED by the City Council the � —`" day of h%e beK , 2013 Approved flus b /--#' day of EST• SHANNON COR1N, City Clerk GREG '2013 Council President r,,l- 1�6 * /-z PATTY LEN ayor APPROVED AS TO FORM RO ER A LUBOVICH, City A--tfobnley PUBLISHED the day of dl�efi! �%�!'" , 2013 EFFECTIVE the day of IM10 '! EY' , 2013 ORDINANCE NO a 07 & PSE flcceptance on following page Puget Sound Energy Franchise Extension 2013 CITY OF BREMERTON KITSAP COUNTY, STATE OF WASHINGTON In the matter of the application of Puget Sound Energy, Inc, a Washington corporation, for a franchise to construct, operate and maintain facilities in, upon, over under, along, across and through the franchise area of the City of Bremerton, Washington Franchise Ordinance No 5226 (Extension of Franchise Ordinance No 4875 Term) 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 years, from December 4, 2013 to November 30, 2015, and WHEREAS, a copy of Ordinance No 5226 was received by the Puget Sound Energy, Inc from the City of Bremerton on l�g %kr \r 32013 NOW, THEREFORE, Puget Sound Energy, Inc, a Washington corporation, for itself, its successors and assigns, hereby accepts said ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington IN TESTIMONY WHEREOF Puget Sound Energy, Inc has caused this written Acceptance to be executed in its name by its undersigned thereunto duly authorized on this \'.rWN day ofS:�Uan„�r' .92013 PUGET SOUND ENERGY, INC. ATTEST Copy rec plyedor City of Bremerton on Ce4A��W013 By coo Shannon Corin, City R \LegahLegaffilesTurrent Active FilesTranchisesTSETSE Franchise Extension 2013 docx 3 Puget Sound Energy Franchise Extension 2013 EXHIBIT d a a ORDINANCE NO. 5287 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 4875 and 5226 by extending the term of the franchise granted to Puget Sound Energy, Inc., a Washington corporation, for purposes of transmission, distribution and sale of electricity. WHEREAS, on November 19, 2003 the City Council passed Ordinance No. 4875 granting Puget Sound Energy ("PSE") a franchise for purposes of transmission, distribution and sale of electricity for power, heat, light and any other purpose for which electricity can be used, said ordinance is hereby incorporated by this reference; and WHEREAS, on November 6, 2013 the City Council passed Ordinance No. 5226 extending the term of the franchise two years to November 30, 2015 and to make corrections to certain references in the franchise, said ordinance is hereby incorporated by this reference; and WHEREAS, the City Council and PSE desire to extend the term of the franchise for an additional two years to November 30, 2017; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Amendments to Franchise Ordinances. Ordinance No. 4875 granting PSE a franchise for purposes of transmission, distribution and sale of electricity and Ordinance No. 5226 extending the term of the franchise two years to November 30, 2015 are hereby amended as follows: Franchise Term Extended. The term of the franchise as set forth in Section 9.1 of Ordinance No. 4875 and Section 1 of Ordinance No 5226 is extended two years, from December 1, 2015 to November 30, 2017. With the exception of the amendments set forth in this ordinance, all terms and conditions of Ordinance No. 4875 and Ordinance No. 5226 are reaffirmed and shall remain in full force and effect. SECTION 2. Acceptance of Ordinance. PSE shall, within sixty (60) days after the effective date of the ordinance, file with the City its written acceptance of the ordinance. SECTION 3. 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 4. Ff ective 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. Puget Sound Energy Franchise Extension 2015 PASSED by the City Council the day of /�f ��i�'l+��f� 12015 GRE HEELER, Council President Approved this -Agay of 2015 ATTEST: L4:?a4 PATTY L yor APPROVED AS TO FORM: SRANNON CORIN, City Clerk ROGER A. LUBO ,l ti PUBLISHED the �`� -' day of AlOVe YYIhte , 2015 EFFECTIVE the ��— day of , 2015 ORDINANCE NO. J' 2�7 PSE Acceptance on following page City 2 Puget Sound Energy Franchise Extension 2015 CITY OF BREMERTON KITSAP COUNTY, STATE OF WASHINGTON In the matter of the application of Puget Sound Energy, Inc., a Washington corporation, for a franchise to construct, operate and maintain facilities in, upon, over under, along, across and through the franchise area of the City of Bremerton, Washington Franchise Ordinance No. 5287 (Extension of Franchise Term established by Ordinance No. 4875 and Ordinance No. 5226) 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 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. an additional two years, from December 1, 2015 to November 30, 2017; and WHEREAS, a copy of Ordinance No. 5287 was received by the Puget Sound Energy, Inc. from the City of Bremerton on��s�`" , 2015. NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its successors and assigns, hereby accepts said ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington. IN TESTIMONY WHEREOF Puget Sound Energy, Inc. has caused this written Acceptance to be executed in its name by its undersigned thereunto duly authorized on this 6' day o ' -N15. 2016. PUGET SOUND ENERGY, INC. ATTEST: �-� L xx By T ael- Kav rctm ByJ , k,,:oieeW PSr vs� y v Its: _ �iV3 C��r�✓, Ogel we -y a�'i YUcti Its: 6' ,M./t c �P�K �,4 �fa•J ��.v.¢ e' -eq Copy req ived for 'ity of Bremerton on !W,/ (,A- � , 201,6 By: 5La4'---- --., Shannon Corin, City Clerk Puget Sound Energy Franchise Extension 2015 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Reimbursement Agreement with Avamere Health Services for Combined Sewer Upsize 5P Study Session Date: November 8, 2017 COUNCIL MEETING Date: November 15. 2017 Department: Public Works & Utilities Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The Avamere Memory Care Facility is located in West Bremerton between 91h and 11th 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: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 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 Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action REIMBURSEMENT AGREEMENT FOR COMBINED SEWER UPSIZE Document Title: Reimbursement Agreement_ for Avamere Memory Care Combined Sewer U size Project Name: Avamere Memory Care Owner Name: Avamere Health Services, 25117 SW Parkway Ave, Suite B, Wilsonville, OR 97070 Location: 3510 91h Street Tax Parcel # 152401-4-023-2005 Abbreviated Legal Description: PARCEL I: RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITORS FILE NO. 3161555, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, This Agreement for Storm Drainage Capital Improvements to be constructed with the Avamere Memory Care Facility located at between 9th and 11th Streets east of Adele Avenue, is entered into between the City of Bremerton, a Washington municipal corporation ("CITY") and Avamere Health Services, Owner of subject property ("OWNER"). RECITALS The Avamere Memory Care Facility is responsible to construct 24 -inch diameter storm drain pipe and appurtenances on 9th and 11th Streets as presented in Exhibit "A". This area is served by combined sewers that have high peak flows, and therefore the CITY desires to have larger capacity sewer pipe installed to address existing capacity issues. BMC 15.03.070 allows the City to enter into cost share agreements to contribute to the cost for larger sanitary sewers or other improvements when in the interest of the City. The CITY and OWNER agree that the CITY will reimburse the OWNER for the material cost associated with the larger pipe and appurtenances, and OWNER will provide all installation at no cost to CITY. AGREEMENT In consideration of the mutual promises and agreements contained herein, the parties agree as follows: 1. CITY's Responsibility: CITY will reimburse OWNER the full invoice cost of all materials and equipment identified in Exhibit B. 2. OWNER's Responsibility: a) OWNER will construct all storm drain as shown on Exhibit A. Upon completion, OWNER will provide CITY a full accounting of all upsized materials included in the installation. Materials shall be similar to the agreed upon materials outlined in Exhibit `B". Owner will grant an easement (Exhibit "C") 3. Term of Agreement and Payment to OWNER: This agreement shall remain in force for one (1) year from date of this agreement unless otherwise agreed to in writing by the parties. All reimbursement payments due to the OWNER by CITY shall be fully paid within forty- five (45) days of acceptance by CITY. 4. Representations and Warranties: Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement are within that party's powers and have been duly authorized by all necessary company or agency action. 5. Governing Law and Venue: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Venue for any action brought shall be in Kitsap County, Washington. 6. Entire Agreement: This Agreement sets forth the entire understanding of the parties with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to such subject matter. 7. Successors and Assigns: The benefits, burdens and obligations set forth in this Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, assigns, and successors. 8. Attorneys' Fees: In the event of litigation, including alternative dispute resolution, with respect to the enforcement or interpretation of this Agreement, including appeals, the each party is responsible for its own attorney's fees and costs. 9. Notices: For the purpose of delivery of any demand or notice relating to this Agreement, the address of parties shall be the address set forth below. Such party's signature hereon or such address as either party may establish in writing from time to time. To CITY: City of Bremerton Director of Public Works and Utilities 100 Oyster Bay Ave N Bremerton, WA 98312 To OWNER: Avamere Health Services 25117 SW Parkway Ave, Suite B Wilsonville, OR 97070 2 10. Miscellaneous: This Agreement may be modified, supplemented or amended only by a written instrument signed by the Avamere health Services, and the CITY. The captions set forth in this Agreement are included for convenience of reference only and shall not in any way limit or affect the meaning or interpretation of any terms or provisions of this Agreement. Neither the waiver by any party of any breach of any provision hereof, nor the failure of any party to seek redress for violation of or insist upon strict performance of any such provision, shall be considered a waiver of such provision or any subsequent breach thereof. DATED: DATED: STATE OF WASHINGTON ss. COUNTY OF KITSAP On this day of the State of Washington, personally appeared Avamere Health Services IM CITY OF BREMERTON Patty Lent, Mayor 2017, before me a Notary Public in and for to me known to be the of BREMERTON MC PROPERTIES LLC, a Washington limited liability company that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the limited liability company, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. GIVEN under my hand and official seal this day of STATE OF WASHINGTON ) ss. 2017 Notary Public in and for the State of Washington, Residing at: My appointment expires: COUNTY OF KITSAP On this day of 2017, before me a Notary Public in and for the State of Washington, personally appeared to me known to be the of BREMERTON MC PROPERTIES LLC, a Washington limited liability company that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the limited liability company, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. GIVEN under my hand and official seal this day of STATE OF WASHINGTON ss. COUNTY OF KITSAP 2017 Notary Public in and for the State of Washington, Residing at: My appointment expires: On this day of , 2017, before me a Notary Public in and for the State of Washington, personally appeared Patty Lent to me known to be the Mayor of the City of Bremerton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official seal this day of DEPARTMENTAL APPROVAL: Chal Martin, Director of Public Works and Utilities L! 2017 Notary Public in and for the State of Washington, Residing at: My appointment expires: APPROVED AS TO FORM: Roger A. Lubovich, City Attorney RECEIVED FOR FILING: Shannon Corin, City Clerk JAVAMERE BREMERTON MN.,, - I VICINITY MAP N TS EXHIBIT "B" Item Estimated No. Description Amount Unit Unit Price Amount 1 Upsize CB#1 from Type 1 to Type 2-48'' 1 1 _EA $1,535.00 $1,535 2 Upsize CB#2 from Type 1 to Type 2-48"_ _ 1 EA $1,535.00 $1 535 3 Upsize CB#3 from Type l to Type 2-60 Yp yP " 11 EA _ . $2.135.00 _ $2,135 4 CB#3A - Owner install for Convenience 1 EA $0.00 $0 5 Upsize CB#4 from Type 1 to Type 2-48'' 1 EA -- $1.535.00 $1,535 6 Upsize CB#5 from Type 1 toT�rpe 2-48" 1 EA $1,535.00 $1,535 7 Upsize CB#6 from Type 1 to 'Type 2-48'' 1 i EA $1,535.00 $1,535 8 CB#6C from Type 2-48" to Type 2-60" 1 EA $60000 $600 9 Upsize Pipe from 12" to 24" N-12, CB#1 to #2 45 LF $24.62 $1,108 10 Upsize Pipe from 12" to 24" N-12, CB#2 to #3 — _._- ._... 176 LF p _$24.62 I $4,333 11 tUpsize Pipe from 12" to 24" N-12, CB#3 to #4 193' LF 2� $24.62 $4,752 12 Upsize Pipe from 12" to 24" N-12, CB#4 to #5 108 LF $24.62 2..659 13 Upsize Pipe from 12" to 24" N-12. CB#5 to #6154 LF $24.62_ $3,791 14 - Extend Storm Pipe 24" N-12, CB#6 to #6C .- 252 LF $60.00 $15,120 15 Extend Storm -Pike 18" N-12 CB#6C to #8 15 LF $1891 $284 Subtotal $42,457 WSST (8 7%) $3.693.74 TOTAL $46,151 MATERIAL COSTS* � 1 Type 1 CB -7[ EA $265.00' 2 Type 2 CB - 48° --- --- $1,800.00 3 Type 2 CB - 60" _5 2 ,_.�EA EA $2,400,00' __- 4 12" ADS N-12 943 LF $7.80 5 18" ADS N-1215 LF $18.91 _ 5 24" ADS N-12 707 LF $32.42 6** 24"-D9QT4LE IRON PIPE 224 $73-99 LF " Per HD Fowler Correspondance May 8 2817, Est # E325849 *' Ductile iron pipe not approved for use on this project 17 05 08 Fslimale Avamam Upsize Slorm xls May B 2017 Prol #950 Center of Section 15, Township 24 North, Range 1 East. 1 CO :T7 C N Q C 0 Point of Beginning EXHIBIT "C" E N 77-2d.�i E 95.87 W r, !O o a o M � z y N Co J p IJ p J 0 I I Tax ID 152401-4 423-2005 W is comprised of reel B and rM M 3 Parcel 2 depicte herein N i... 2 r N 88058'27" W SW Corner of West 37.98* half of the NW corner of the SE corner T"e= 4 Engineering Avamere Health 5819 NE Minder Road Bremerton MC Prop. LLC Poulsbo, WA 98370 Storm Water Utilities Easement phone: 360 297-5560raw,� BKJB KV 78,20171 jOb Ya 958 fax: 360 297-7951`'M e,& IMOC I Stag 1:100 15MN 70 f 7. Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Stormwater (Combined Sewer) Easement Reference Number(s) of Documents assigned or released: N/A Grantor(s): BREMERTON MC PROPERTIES LLC Additional names on page M� of document. Grantee(s): 1. CITY OF BREMERTON ❑ Additional names on page of document. Legal Description: A portion of the NW 1/4 of the SE 1/4 of Section 15 Township 24 N., Range IE, W. M. in (abbreviated) Kitsap County, WA X Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: 152401-4-023-2005 Project Name: Utility Easement- Combined Storm Sewer STORMWATER (Combined Sewer) EASEMENT THIS INSTRUMENT made this 13th day of July, 2017, by and between BREMERTON MC PROPERTIES LLC (hereinafter "Grantor") and CITY OF BREMERTON (hereinafter "Grantee"). WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, do by these presents grant, bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, an easement for Stormwater (combined sewer) utilities, with necessary appurtenances, over, through, across and upon the following described property situated in Kitsap County, Washington, more particularly described as follows: SEWER EASEMENT - Page 1 of 5 SEE EXHIBIT "A" ATTACHED Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the above -referenced property and immediately adjacent incidental areas with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constructing, repairing, and reconstructing the utility/utilities, or making connections to that system, without incurring any legal obligation or liability; provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the properties were entered upon by the Grantee. Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use is not inconsistent with and does not interfere with the rights and uses granted to Grantee in this document. Under no circumstances shall Grantor place any cement, concrete, structure, trees, large shrubs or any other objects on the property described in this easement or the immediately adjacent incidental areas in a manner that would interfere with Grantee's use of the easement. This easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. GRANTOR: DATE: Notary Acknowledgment Appears on Next Page) SEWER EASEMENT - Page 2 of 5 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of . 2017, before me a Notary Public in and for the State of Washington, personally appeared to me known to be the of a corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she/they was/were authorized to execute said instrument. -Notary Sea! Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney SEWER EASEMENT - Page 3 of 5 EXHIBIT "A" No additional legal description EXHIBIT `B" 15241E PARCEL L• RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITORS FILE NO. 3161555, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE I EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE NORTH ALONG THE WEST LINE OF SAID SUBDIVISION 187 FEET, MORE OR LESS, TO THE SOUTH LINE OF 11 TH STREET; THENCE EAST ALONG THE SOUTH LINE OF 11 TH STREET 180 FEET; THENCE SOUTH AND PARALLEL TO THE WEST LINE OF SAID SUBDIVISION 187 FEET MORE OR LESS, TO THE SOUTH LINE OF SAID SUBDIVISION; THENCE WEST ALONG THE SOUTH LINE THEREOF 180 FEET TO THE POINT OF BEGINNING; SEWER EASEMENT - Page 4 of 5 Center of Section 15, Township 24 North, Range 1 East. M 00 Q C Q N 'Z vI CJ Point of Beginning t SW Corner of West half of the NW corner of the SE corner EXHIBIT "B"n15 95 8'7' W M Z -", ��a'l� 1Jl Z 11 !lu I. �, N m N J p IJ p C Tax ID 152401-4 023-2005 W is comprised of Parcel B and N Parcel 2 depictec herein M Z N 88058'27" W - _ —37.98' Te=4 Engi neezin -., Avamere Health 5819 NE Minder Road r Bremerton MC Prop. LLC Poulsbo, WA 98370 Storm Water Utilities Easement phone: 360 297-5560 1�WIYx 6 Date �pvte' 29.2CI l ;a tic 958 fax: 360 297-7951 22m �) IMoc ka,e 1: 100 ^ 70 �A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Study Session Date: Mason County for Public Works Services to COUNCIL MEETING Date: Design the Sanitary Sewer System Department: Extension within the Belfair UGA and the Presenter: Puget Sound Industrial Center— Bremerton Phone: 5Q 11/8/17 11/15/17 Public Works & Utilities Chal Martin (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): The City's proposed Wastewater Capital Budget includes $400,000 in 2018, $400,000 in 2019, and $200,000 in 2020 for this design effort. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 Form Updated 01/07/15 ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action 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 ("RCW") 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 ("P SIC -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 County's project manager to ensure an efficient communication and decision- 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 created by or pursuant to this Agreement. 14. INDEMNIFICATION: No separate legal or administrative entity is A. The City shall defend, indemnify and hold harmless the County, its officials, officers, employees and agents, for all claims, liabilities, damages, expenses, reasonable attorney's fees 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 attorney's fees 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 each party to defend, indemnify and hold harmless the other party ("Indemnification Provisions") are valid and enforceable only to the extent of the fault of the respective parties. 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 herein, each party shall pay all its own costs and attorney's fees. 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: Public Works Department 100 W Public Works Drive Shelton, WA 98584 Attn: Deputy Director/ Utilities and Waste Management Phone: (360) 427-9670 To Bremerton: City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Attn: City Clerk 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 each party's County Auditor pursuant to RCW 39.34 or, alternatively, listed by subject on each party's 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. 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'� Q Q i � iJ uLn E ate-+ ro N U > +� L m V a) \ ? �n U 0 4—J L 0-O ro O 4-j Ul)4-jO > Q ra O Q 4—jV ro CY) ' V — L .� 'E 'U ro -0 U.) ^ ' � O ro O O W Z) Ln Q ro .a_' i AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing and Ordinance No. 5338 adopting the 2017 Comprehensive Plan Amendment Docket; and amending the City's official Zoning Map Study Session Date: November 8, 2017 COUNCIL MEETING Date: November 15. 2017 Department: Presenter: Phone: DCD Allison Satter (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) Ordinance No. 5338 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 b) Staff memorandum describing the 2017 amendment docket including attachments I-V. c) Powerpoint Presentation FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5338 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 ORDINANCE NO. 5338 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, hereinafter referred to as the "Comprehensive Plan;" and 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- Kitsap: Bremerton's ("NBK-B") military base as it is federal property, however the NBK-B's 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]. 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 engage all of Bremerton's citizens and stakeholders during planning and decision making process. Recognize that Bremerton's citizens are 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 important efforts that the City's 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 City should encourage leveraging the minimal public funding available for projects that require additional private investments and commitments. 2017 Comp Pian and Zoning Map Amendment e. Economic Development Element: Page ED -10: ED5(D): The Cil, 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) bounds , 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 facilily 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-B/ PSNS & EMT are integral part of the City's downtown, the City recognizes that this area is federal lands and thus is not subject to the City's regulatory authority. 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: 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: 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 94 (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 94 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 2017 Comp Pian and Zoning Map Amendment ATTEST: SHANNON CORIN, City Clerk PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 2017. 2017. 0 2017 Comp Plan and Zoning Map Amendment Exhibit A FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION 2017 Annual Comprehensive Plan Amendment FINDINGS OF FACT Project Description: The City adopted an updated Comprehensive Plan in June 2016. Comprehensive Plan amendments are processed on an annual cycle to allow for changes to the Plan that reflect conditions that may not have been addressed "prior or since the Plan's adoption. Amendments to the City's Comprehensive Plan are regulated by BMC 20.10. There is four City proposed Comprehensive Plan amendments that is included for the Planning Commission's consideration in 2017. There was one public request for a Comprehensive Plan amendment to change land use designations for 5 -parcels, but it was withdrawn by the applicant on August 10, 2017 and thus is not part of this analysis or the environmental review. A summary of the four amendments are the following: • Amend and add policies within the Comprehensive Plan to address Puget Sound Regional Council's (PSRC) recommendation to account for distressed area and areas with disadvantage populations. • Refine description of connection between Naval Base Kitsap-Bremerton and the City, and include NBK Bremerton/PSNS & IMF within the Downtown Regional Center boundaries. • Correct mapping omission/error of 0.5 acre of one parcel near Werner Road. • Minor amendments to the Gorst Subarea Plan including updating Code citations, and compliance with the National Pollutant Discharge Elimination System (NPDES) permit update. 2. Procedural History: 2.1 The Bremerton Municipal Code allows applications for Comprehensive Plan Amendments annually between January 1 and the first business day of April. 2.2 On June 20, 2017 Planning Commission held an informal pubiicworkshop to introduce the 2017 Annual Comprehensive Plan Amendment Docket. 2.3 On July 18, 2017 Planning Commission held and informal public workshop to further discuss the proposed 2017 Comprehensive Plan Amendment Docket. 2.4 On August 14, 2017 staff notified the Washington State Department of Commerce the intent to adopt an amendment to the Comprehensive Plan. 2.5 On September 2, 2017 staff published the SEPA Determination of Non -significance in the Kitsap Sun. 2.6 On October 7, 2017 a notice of Planning Commission public hearing was published in the Kitsap Sun and the public was invited to comment. 27 On October 17, 2017 Planning Commission conducted a public hearing on the 2017 Comprehensive Plan docket. 3. Public Comment: Please note that all public comments related to the public request for the change in land use designation for 5 -parcels has not been included into this report due to the application being withdrawn. Exhibit A 3.1 The Kitsap Public Health District provide a report, Data Request Report, for the July 18, 2017 Workshop, regarding the demographics focusing on distressed area and areas with disadvantage populations. 3.2 Public Hearing testimony: a. NnwS b. C.- 4. SEPA Determination: 4.1 A Determination of Non -Significance was issued on August 25, 2017, with a comment deadline of September 18, 2017, and an appeal deadline of October 2, 2017. 5. Consistency: Amendments to the Comprehensive Plan shall meet the decision criteria outlined in BMC 20.10.080. The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, amendments to the comprehensive plan if the criteria outlined below are met. 5.1 BMC 20.10.080(x) allows amendments to the Comprehensive Plan if there is an obvious technical error in the pertinent comprehensive plan provisions. This would be applicable to Amendment #3 regarding the 0.5 acre parcel. 5.2 BMC 20.10.080(b)(1) the amendment is consistent with the Growth Management Act. The amendments have been evaluated with the goals and policies of the Growth Management Act and has been found to be consistent with the Act. Further, the amendments have been evaluated for consistency with the City's Comprehensive Plan, which was created to achieve the goals of the GMA. 5.3 BMC 20.10.080(b)(2) the amendment is consistent with the comprehensive plan or other goals or policies of the City. The amendments continue to uphold the objectives and goals of the Comprehensive Plan such as: o For Amendment #1, which is amend and add policies within the Comprehensive Plan to account for distressed area and areas with disadvantage populations, the following are a summary of applicable policies. o Land Use Policy: LU4(E) which promotes healthy community design that make it easier for people to live healthy lives through coordination with community groups and agencies, and businesses. o Housing Policies H2(E): Support efforts to provide for a variety of housing options such as... military personnel, growing elderly population, low-income families, ADA standards. H3(8): Disperse below market rate, publicly assisted, affordable, and rental housing throughout the City in a way that accommodates Bremerton's fair share of the Countywide need. Disperse such housing throughout the City to avoid concentrations in any particular area and encouraging development close to employment and public transportation. o Economic Development Policy: Exhibit A 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. o Transportation Policies: 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 implementation. Satisfy the community's desire for a high level of accommodation for persons with disabilities using appropriate design standards. TRI (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. o City Service Policies: 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. o Environmental Policies: E1(D): Use the brownfields approach and grants to identify and restore potentially environmentally degraded property. E3(J): Coordinate with Kitsap Pubic Health District to abate environmental pollution from failing septic systems within Cty limits. For Amendment #2, which is to refine Downtown's description and boundaries to further include NBK-Bremerton and the Puget Sound Naval Shipyard & Intermediate Maintenance Facility, the following are a summary of applicable policies: o LU1(C): Coordinate with Naval Base Kitsap to minimize conflicts between development and naval operations o CC(2): Assure that new development relates to surrounding uses and provides for urban livability For Amendment #3, correcting mapping error, the following is an applicable policy: o LU4(C): Provide land use regulations that give opportunities for the community to have fair access to livelihood, education, and resources. For Amendment #4, updating the Gorst Subarea Plan, the following are applicable policies from the Gorst Subarea Plan's Comprehensive Plan policies: o Goal UGA-2. Improve water quality and reduce flooding in the Gorst UGA. o Policy UGA-8. Incorporate low impact development best management practices into new development and redevelopment to mitigate and reduce flood impacts. 5.4 BMC 20.10.080(b)(3) if the amendment was reviewed but not adopted as part of a previous proposal, circumstances related to the proposed amendment have significantly changed, or the needs of the City have changed, which support an amendment. Exhibit A For Amendment #1, which is to add policies to include efforts for programs and provisions for distressed areas and areas with disadvantaged populations, has been addressed in the current Comprehensive Plan, but additional polides can be strengthened. This will be especially important as the Puget Sound region grows. For Amendment #2, addressing the NBK-Bremerton and the Downtown including expanding the Downtown boundary to include the military installation, is proposed to be addressed because it is integral for the City to clearly identify the benefits and impacts that the military installation, and associated jobs, have on the city. Prior to this amendment, this area was not included within the Downtown boundaries due lo the military installation is federally owned and thus regulated by the federal government; in other words, as the City had no land use controls over this area, the area was not included into the Land Use reaps. For Amendment #3, correcting a mapping error/emission is allowed by BMC 20.10.080(a), this was an oversight. For Amendment #4, updating the Gorst Subarea Plan, the amendments address changing circumstances. First, the Department of Ecology updated the Stormwater manual and thus the Planning Commission is proposing to update the Subarea Pian to be consistent with the Department of Ecology standards. Second, as the City has update the commercial designations in the 2016 Update, the proper references need to updated. in the Subarea Plan. 5.5 BMC 20.10.080(b)(4) The amendment is compatible with existing or planned land uses and the surrounding development pattern. The amendments are compatible with existing land uses and the surrounding development pattern. 5.6 BMC 20.10.080(b)(5) The amendment will not adversely affect the City's ability to provide urban services at the planned level of service and bears a reasonable relationship to benefitting the public health, safety and welfare. The amendments will not affect the City's ability to provide urban services though it will benefit the public health, safety and welfare by proposing to include additional considerations for distressed area or areas with disadvantage populations, citing appropriate code to ease development, recognizing important relationship of the military installations to the City, and fixing a mapping omission. II. CONCLUSIONS & RECOMMENDATION Based on the findings above, the Planning Commission concludes that the 2017 Comprehensive Plan Amendment Docket has met the requirements in BMC 20.10.080, and therefore recommends approval by the City Council. Respectfully submitted by: Approved by: Z4� e 1� Nick Wofford, Chair Exhibit B LU2(E): Promote exposure of City businesses and community events by signage that is proportion to the intensity of the Land Use designation, while recognizing the existing character of the neighborhood. Discourage off -premise signage throughout the City (including billboards), with exceptions for special events to be considered. LU2(F): Coordinate and work cooperatively with the State of Washington, Kitsap County, and appropriate agencies for the siting of essential public facilities that develops criteria in such a way as to minimize negative impacts to neighborhoods and other areas of Bremerton, while recognizing the needs of the people of the State and region for these facilities. • Public facilities should showcase community design interests, guidelines, or standards, especially in their design and building processes. • Encourage flexibility of use and maximum efficiency so that facilities and services will be harmonious with neighborhood needs, adjacent uses, and the environment. • Develop citing criteria and processes to assure timely and consistent locating of essential public facilities. LU2(G): Strive to engage all of Bremerton's citizens and stakeholders during planning and decision making process. Recognize that Bremerton's citizens are 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 city's 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. • 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. Goal LU3. Protect Bremerton's natural environment. Implementing Policies for Goal LU3: LU3(A): Review and update as necessary Bremerton's regulations that protect critical areas, including anadromous fisheries, using the best available science as defined by and required in the Growth Management Act (per RCW 36.70A.172 (1)). LU3(B): Utilize existing public land for better access to shoreline and recreation areas such as street ends, parks, and open space. LU3(C): Promote land use patterns and development phasing to minimize impacts on natural systems, maximize returns on infrastructure investment, and reduce greenhouse gas emissions. LU3(D): Adopt site and building standards that contribute to reduced greenhouse gas emissions and result in more sustainable development. LU3(E): Assure that future land uses and land use patterns conserve and protect groundwater resources including well -head protection and protecting the aquifer recharge areas. LU3(F): Protect Natural Resource Lands as defined and required under the Growth Management Act by discouraging incompatible uses in or near Natural Resource Lands and develop criteria for designation of Natural Resource Lands consistent with RCW 36.70A.050 and 365-190 WAC. LU3(G): Adopt and implement appropriate standards and regulations for stormwater management, including Low Impact Development technologies and encouraging watershed planning efforts. The City of Bremerton should adopt and implement regional plans, strategies, and standards as appropriate. LU3(H): Encourage preservation of existing healthy and safe trees on private, commercial and public property. LU3(1): Promote infill and concurrent infrastructure improvements in areas that are already developed in order to preserve rural areas, open spaces, and ecological functioning lands within the City. LU3(J): Establish and encourage standards for implementing Low Impact Development (LID) Best Management Practices (BMPs) where appropriate. Goal LU4. Promote community health by allowing opportunities for healthy lifestyle choices. Implementing Policies for Goal LU4: LU4(A): Preserve regional historic, visual and cultural resources including public views, landmarks, archaeological sites, historic and cultural landscapes, and areas of special character within Bremerton. Coordinate with proper agencies and tribal governments to ensure preservation. LU4(B): Provide multimodal options and standards that have connectivity throughout the City, especially linking centers and neighborhoods for all modes of transportation. LU4(C): Provide land use regulations that give opportunities for the community to have fair access to livelihood, education, and resources. 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. LU4(F): Make progress towards eliminating health disparities and mitigating impacts on underrepresented populations. LU4(G): Work to ensure that citizens of all cultures, ethnicities, abilities and economic backgrounds have access to the 0000rtunities thev need to advance their well-being and achieve their full potential. tV of Bremerton Comprehensive Plan Land Use Element Element 4 Exhibit B Economic Development Vision, Goals & Policies Economic Development Policies Goal ED1. Support expansion of commerce by diversifying and expanding Bremerton's commercial base. Implementing Policies for Goal ED1: ED1(A): Attract new employment opportunities throughout the city by utilizing incentives for redevelopment of underutilized sites, such as encouraging adaptive re -use of existing commercial buildings. ED1(B): Increase market elasticity and diversity of businesses by supporting a wide variety of commercial uses within the designated mixed use Centers throughout the City. ED1 (Q 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. ED1(E): Support and encourage annexations when appropriate. Continue to monitor land supply and availability for development sites throughout the city. ED1(F): Continue the important efforts that the City's 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 City should encourage leveraging the minimal public funding available for proiects that require additional private investments and commitments. Goal ED2. Revitalize Bremerton's commercial districts by upgrading and enhancing the aesthetic quality of existing buildings and street frontages. Implementing Policies for Goal ED2: ED2(A): Encourage upgrades and rehabilitation of existing commercial developments through a wide variety of means, including but not limited to: Promote decorative street lighting, window displays, increased security, and pedestrian public amenities (trash cans, benches, etc.). • Consider recognition, preservation, and repair of historic storefronts and signage such as McGavin's Bakery that emphasize quintessential elements from our past in areas such as Downtown, Manette, and Charleston. • Investigate outdated and obsolete elements of building frontages such as fagade treatment and signage. Encourage maintenance, repair, and enhancement focusing on pedestrian scale enhancements. Cit11 of Bremerton Comprehensive Plan ED -8 Economic Development Element Exhibit kement 4 Economic Development Vision, Goals & Policies ED2(B): Ensure new development promotes street level activation to encourage walkability and social interaction through site and fagade design, including but not limited to the following: • Design standards should be required for new commercial structures, especially in Centers, that ensure buildings and site layouts are designed with a focus on pedestrian scale such as intersection anchoring, strategically locating parking to the rear of structures, recognizable access ways, promotion of weather protection etc. • Promote the use of the design review board to ensure aesthetic quality, pedestrian scale of new buildings, and flexibility of development standards within the Downtown Regional Center for both new construction and substantial remodel of existing structures. Goal ED3. Facilitate physical improvements to commercial districts through tax incentives, intergovernmental programs, and private -public partnerships. Implementing Policies for Goal ED3: ED3(A): Pursue regional and state investment interests through lobbying and relationship -building, highlighting Bremerton as a stable, appealing community committed to partnerships and collaboration. ED3(B): Encourage rehabilitation programs, grant funding, and Local Improvement Districts for clean- up/repair of existing structures and infrastructure improvements especially in designated mixed use centers. ED3(C): Pursue state legislation, programs, and tax strategies to aid business districts in attracting and retaining a diverse commercial base. Expand existing strategies such as the Multi -Family Tax Exemption and the Empowerment Zone citywide as appropriate. Goal ED4. Recognize the relationship between transportation and economic development by working collaboratively with other governmental agencies to improve multi -modal transportation options and routes. Implementing Policies for Goal ED4: ED4(A): Pursue alternative transportation monies, including federal dollars typically spent on the interstate system, for fast ferry research and other multi -modal investments and improvements. ED4(B): Ensure access to commerce by focusing commercial development along existing transportation corridors. Support expansion of transportation systems and facilities to improve access to the Bremerton National Airport, the Naval Base Kitsap, Downtown, and the designated District Centers. ED4(C): Work with Kitsap Transit to enhance access to commerce during standard business hours, nights, and weekends. ED4(D): Coordinate with the Naval Base Kitsap and the Washington State Ferry Service to work towards reducing parking demands and traffic influxes from commuter and shipyard workers on City streets. Continue to limit surface parking as it does not promote economic development of the City. Cit11 of Bremerton Comprehensive Plan ED -9 Economic Development Element Element 4 Economic Development Vision, Goals & Policies Exhibit B Goal ED5. Advance efforts to establish a regional perception of Bremerton as a welcoming, attractive and business friendly City. Implementing Policies for Goal ED5: ED5(A): Evaluate and work towards efficiency and effectiveness of all permit processes to ensure requirements and timelines are predictable. Encourage City Departments and Staff to provide condensed development guides to applicants that help identify code requirements. ED5(B): Encourage a wide variety of marketing and tourism efforts that provide a welcoming sense such as: • Supporting the installation of way finding signs to business districts, parks, and regional attractions within the City. • Partner with private and public agencies to publicize community services and amenities. • Support efforts of local business and associations to attract new business and visitors from outside the City. • Support tourist attractions and amenities, by advocating for enhanced and regular ferry service between Bremerton and Seattle. 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. 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 disadvantaged populations within the City. Cit11 of Bremerton Comprehensive Plan Economic Development Element ED -10 CS10): Promote the success of Bremerton's youth through land use and infrastructure investment decisions. Continue the coordination with the Kitsao Public Health District, School Districts and other youth groups. 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. Goal CS2. Encourage the safety and health of residents and visitors. Implementing Policies for Goal CS2: CS2(A): Prepare emergency preparedness plans including instruction for public staff and for citizens regarding services and support locations available immediately following an incident. CS2(8): Work actively to reduce crime and work through civic partnerships to address the plague of substance abuse and addiction. CS2(C): Provide community gathering points within neighborhoods, supported by Programming like City Parks and Recreation and crime prevention education. CS2(D): Improve citizen safety after dusk by enhancing lighting for pedestrians, especially around and leading to places of activity. 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. Goal CS3. Provide adequate capital facilities that: address deficiencies and anticipate growth needs; achieve acceptable levels of service; use fiscal resources efficiently; and meet realistic timelines. Discussion: Capital facilities include all services provided, planned for, paid for, and delivered by the City including water systems, sanitary sewer systems, stormwater facilities, streets, parks and recreational facilities, police and fire protection facilities. Implementing Policies for Goal CS3: CS3(A): Apply growth strategies to fiscal investment decisions to expand service areas or infrastructure capacities. DRC (Downtown Regional Center) Purpose/Intent To maintain the Bremerton core area as supported in the 2007 Bremerton Downtown Regional Subarea Plan (DSAP) which is adopted as a functional plan as identified in the appendix. The DSAP provides a long term, coordinated outlook to help direct decision making affecting the ongoing revitalization and regeneration of the downtown. This will allow the City to continue to build upon its existing natural, social and physical assets. Location West Bremerton in the Downtown area. Land Uses Residential, Commercial, and/or Mixed use structures. Intensity/Density • 40 units per acre • Various height limits as defined in DSAP. Range from four stories with some areas as market driven. Character The Downtown Regional Center (DRC) designation facilitates the ongoing creation of a vibrant, attractive downtown; a critical need for the entire West Sound region. New development is incentivized to place parking underground or within structures, not in surface lots. Street trees, well-designed public gathering areas, and lighting should be employed to create a safe, inviting experience at the street level day and night. Residents will find access to employment, transportation, and basic amenities, along with a concentration of community activities. The DRC provides housing for a wide variety of income levels in an environment that allows less reliance on the automobile. This rare juxtaposition of employment, housing, cultural, and recreation opportunities, provides the high mark for efficiency of public expenditures and infrastructure of any development envisioned in this Plan. 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. Though NBK-B/ PSNS & IMF are integral part of the City's downtown, the City recognizes that this area is federal lands and thus is not subject to the City's re u�ry authority. Exhibit C Downtown Regional Center Specific Policies (for streamlining purposes, goals and policies currently addressed in the DSAP will not be repeated in this section but remain applicable). LU1: Plan for Growth LU1-DRC(A): Implement the plan for population and employment growth as detailed in the Downtown Subarea Plan to ensure that the center meets the growth expectations outlined in Puget Sound Regional Coordinating Council's Vision 2040. LU2: Encourage Economic Development LU2-DRC(A): Partner with Community Development Block Grant and other applicable programs and funding sources to encourage redevelopment in downtown. 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: Promote Community Health LU4-DRC(A): Buffer surrounding communities allowing for transitional and sensitive development patterns. �AV6ninsi 3u3nv3vi 138a � T a3diR _I=1 -- Exhibit C _ m Y U Q 0 Z p � v 22 U w E p -moo a) a) U o S 20 p ) E `m a U E w Y v wf u) o __ o w T 1. 0 30 U E U W t0 . O m U y o m E m m p o w w C7 =z m 'm m Z n m42 in U 2 0 PSIC — B (Puget Sound Industrial Center — Bremerton) Purpose/Intent Puget Sound Industrial Center — Bremerton (formerly South Kitsap Industrial Area) is an industrial employment center for which a Subarea Plan was adopted in 2012. The Subarea Plan is a functioning plan. This area has been identified by the Puget Sound Regional Council's Vision204O Plan as one of eight Manufacturing/Industrial Centers (MICS) in the Puget Sound region. This area includes important employment locations that serve both current and long-term regional economic objectives and calls for the provision of infrastructure and services necessary to serve intensive manufacturing and industrial activity. Location Located in the southwestern region of the City including the Bremerton National Airport. Land Uses Manufacturing and Industrial Activity and Supporting Commercial. Intensity/Density • No density Market driven except some areas five stories or less to transition into the airport overlay and residential designated areas Character Heavy industrial and manufacturing development that has provisions to protect the surrounding forested area. The area supports green economic development, ensures that future development will result in reduced greenhouse gas emissions versus traditional development, promotes sustainable low -impact development and environmental stewardship. Structure type should be large scale industrial scale buildings. Puget Sound Industrial Center — Bremerton Specific Policies (for streamlining purposes, goals and policies currently addressed in the PSIC-Bremerton Subarea Plan will not be repeated in this section but remain applicable) LU1: Plan for Growth LU1-PSIC(A): Implement the development standards and incentives outlined in the Subarea Plan. LW-PSICO: The City recognizes the important links between the PSIC-B and the Naval Base Kitson- 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. LAND USE MAP #4 i BILL EV S vend 0.5 acre1a parcel Industrial (T) Exhibit D N NY 16 �CPq` CLA, CAMA C w W C W L. O' �. O alo 4Y Ul)$ONX o a 4 TH f y O w / found Industrial erBremerton ;ASIC B)� Land Use Designations - Bay Vista Subarea Plan (BVSAP) C City Utility Lands (CUL) 11 9 -Freeway Corridor General Commercial tial ( (GC) Industria Low p) Low t Sound Industrial Center i,Puget Sound Industrial Center Bremerton (ASIC -B) Watershed (WS) /Ov®r i ® Subarea Plan Center O� O Mineral Resource Overlay Kitsap County Y _' LAKE FLORA � �Q Exhibit E Exhibit E 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. `^'„ver In 2016, the City of Bremerton and Policies p,Et+saYrRequire 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 Faet;Gal, steF,.,,., + Pollutant Discharge Elimination deteRtieR may be ailey.ged System (NPDES) Permitting. For this analysis, that Report shall be called "Stormwater Update Report". 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: Stormwater Add section as recommended by the Chapter 8 As part of the City's NPDES Stormwater Update Report to address Introduction Phase II permit requirements conflicting terminology (such as for Low Impact Development "pervious pavement" is now called (LID) integration, BMC 15.04 "permeable pavement" 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 RMC, removed and consolidated to Neighborhood Business designation. Exhibit E '^�� BMC 20.82.020 This amendment would revise with the following additions... permitted use section of NMU zone to cite the most appropriate comparable 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 e e m m eir e;a1 eeFF;d.eir IFC Commercial Corridor (CC) zoning has General Commercial (GC) been consolidated into the new district is to provide locations designation "General Commercial." As 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. C-en�eYe 41 CArriplpr 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 "Commercial Corridor" to Map "General Commercial" 4.7 Page 8-12: iii. Clearing and Grading: The Stormwater Report recommended Environmental b. ...Development or uses that 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) ReR Rative +Feerr . and 5) etheF P alive etat e Exhibit E 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. 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: 4. Environmental Standards— The Stormwater Update Report Environmental Stormwater 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. te#he ext n.,* feasib,ln. 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. Were dispeF-sin., is feasible fer all n FaT}} of site, C� this thee) rT TR rb,-,II b,n nrd I., .,b,n.n .JispeFrin., i A A- fearib e, rfiltratin., Shall be �n-,sib,ln A. Irbil+r-,+in.,• Tb,n +b,n of Exhibit E .J D' l e+ le�il+r-+in.. Tnr+ (PIT-) feF @ Ry .,here iefil+r-,+ie., may he pv55;b,p0 o,Tnc rr„,rFrcra cro„TS feF all n part Af the site, It shall he e \A/here C„II le�il+r-,+in., i NTR *T-crrci, s -=vs h p rp et feasible, I In Qn/Ios e r Subsee+ie., (h) hole.., he e.J fer -,II y.gate.r e, ali+.,+re-,tme.,+ aAd -,r+ial fley.; n .,+rel Drninnts .,, e+water e a4t-, +re -,+.,.,e.,+ Reeds; , ,i+h I In Qnao'; of Siwe 4b. Site Soils: Site soils in landscaped areas shall be amended pursuant to -,I5; .Je_erihe.J i G,hsee+ie., (h)/11 bele.., 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 oreiee+ .,re.,ides a el„-s+ere- Remove three of the four Stormwater 8-3 Public resideRtial pFeiee+,.,i+h I In incentives, as since the Department of Benefit and stFee+ eer Ghapter 19-. Ecology Stormwater Update requires Incentives — Stormwater mitigation, and it should Stormwater oreiee+ uses eer.,.,e "'^ no longer be allowed as an additional s„r4eiRg er de+e.,+i^,i incentive for greater intensity of efil+r-,+iA-A .,.,e+he.J5; +e re,J„ee development. 199 yeaF sten,., r Rt .. 750E of e ulatie.. @Fk! ,e i e .,.J le-,d'Rg @ pt e eJ„r+ri-,I ae+iyity e ether Site spee a RstFaiRts a eludes +ie., seu Fees el--ide . ehiele fuel statieRs steFage of ieel„r+rial eheFAiealS ells and n e Exhibit E , ster-age, ete. !A publiely visible @Feas, , w@FFa.tyfeF, r --ells treat a lHgp ,Fyie---.- &Hrf r --es pgls1 4.11 Multiple Fences, Walls, and Planters The City has had substantial sections of walls eF plaRteFs R^+ consideration on fences and walls, and Chapter 10: exseedin^ 42 'Rehes I^ height has developed a code in BMC Design @19eve the slde alk gFade aFe 20.46.020 to address such. Gorst Guidelines; peFmit 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 11 —Credits Allison Daniels-LSatterl Adding married name ZONING MAP #4 R-10 \ - T— Exhibit F \\1 3 ❑Yz z y a� O ERNERj z Y W I i � r Amend 0.5 acre of a par to Industrial (I) zoning �o 6�ee SAND DOLLAR R- M Land Use Zones - Bay Vista Sutwrea (BV) crty utility Lands (CUL) - Freeway Corridor (FC) Tj - General Commercial (GC) Industrial (I) Low Density Residential (R-10) - Puget Sound Industrial Center -Bremerton (PSIC-B) - Watershed (WS) ® Suharea Plan OCenter QMineral Resource Overlay - Kitsap County Y DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM 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 since been updated in the City's Codes 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 I II — 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: PSRC's recommendation to add policies to include efforts for programs and provisions for 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: As identified within the Comprehensive Plan policies (further in this analysis), the City's Comprehensive 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 to make the following revisions or additions to the City's Comprehensive Plan (as shown in legislative mark-up with stFikethFeugh9 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 Bremerton's citizens and stakeholders during planning and decision making process. Recognize that Bremerton's citizens are comprised of people of all ages, racial and ethnic background: income levels. and abilities. The Citv will include the following during planning and decision making process: o Identify the demographics of potentially affected communities when initiating a city's 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 traditionallv 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 thev need to advance their well-being and achieve their full potential. Economic Development Chapter: • Page ED -8. Add the following policy: ED1(F): Continue the important efforts that the City's 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 rivate investments and commitments. • Page ED -10. Add the following policy: ED5(D): The City should pursue access to fundi 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 providinia safe and convenient opportunities for recreation and social izatherinia, alonia with accessible housing to meet the needs of vouth, 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 the PSRC's recommendation. Topic's Description: 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 analysis will help respond to PRSC's recommendation to demonstrate compliance. However, this is an opportunity to help developing Attachment I additional policies (or revising existing policies) to better address PSRC's recommendation or items that were missed during the update. Here is a quick summary of the City's current programs 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 -income community members. The City's Block Grant funding has touched 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 The City has one designated "blight zone" which is Downtown Bremerton core. As that area has 72% of its residents and employees have an average household income of $30,931 or less which is significantly lower than the City's median household income at $43,183 and the County's at $62,413. The blight zone classification allows CDBG to focus funding into this area, including demolishing buildings, and fagade 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. The City's approach to CDBG is to require leveraging of public funding with private investments. Though the CDBG funding is relatively small, the recipients of the funding are required to leverage the City's CDBG monies to seek additional resources. An example is the 4t" Street improvements received CDBG funding of approximately $200,000 to improve the fagade on�'n orb» 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. CDBG's 2017 Policy Plan identifies " M 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 and the 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 enhances the City's public spaces along with maintenance and preservation of public art. The Arts Commission also supports opportunities to celebrate the City's multi -cultural and diverse character. There is opportunities for the Arts Commission to seek "Creative Placemaking" grants that intentionally leverages the power of the arts, culture and creativity to serve a community's interest while driving a broader agenda for change, growth and transformation in a way that also builds character and quality of place. • Bremerton'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. T,ACOA. M!. hA*0 MtWM a Shat. 117 i7ilp '�.Y(�-C�t�,y, k.j �rr� rp 1`a� YMY 50eMd 5lAa4ar 6tA�+t: raie! tlS�fi1 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 important role in generating economic growth and opportunity in some of our nation's most 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 presented the "Data Request Report" which identified demographics per census tract in relation 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 the City's policies and revise if 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 changing needs of Bremerton's residents. • 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 the City in a way that accommodates Bremerton's fair share of the Countywide need. Disperse 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 implementation. Satisfy the community's desire for a high level of accommodation 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. This attachment is organized with first the proposed amendments, and followed by analysis to the specific proposed amendments. Planning Commission's Proposal for Amendment #2: Planning Commission is proposing three revisions in respond to this proposed amendment: 1. To revise the description within the Land Use Element describing the City's Downtown Regional Center and the military installation relationship. Staff is proposing removing the section cited above, with this proposal: Included within the Downtown Regional Center (DRC) boundary is the 400 acres of the military installation: Naval Base Kitson -Bremerton and Puget Sound Naval Shipyard & Intermediate Maintenance Facility (NBK-BIPSNS & IMF). This essential facility provides an employment boon to the DRC and the remainder of Kitson. 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. Though NBK-B/ PSNS & IMF are integral part of the City's downtown, the City recognizes that this area is federal lands and thus is not subject to the City's regulatory authority. 2. 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: LU-PSICW: The City recognizes the important links between the PSIC-B and the Naval Base Kitson-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. Topic's Description: 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 years an 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 daily parking "shipyard shuffle," to many other influences. 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 updating their framework on how they are classifying urban centers, it came apparent that the City's 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 -Bremerton (the City's Manufacturing 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: "The shared border with the nearly 400 acre Naval Base Kitsap-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 urbanism to the region." Regional �� Ce n dem I MIR S Naval Base Map - Bremerton a Attachment III Proposed Comprehensive Plan Amendment #3: Summary: Correct mapping omission/error of 0.5 acre of one parcel near Werner Road. Planning Commission's Proposal 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. Topic's Description: 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 City's land use designation is Industrial and Low Density Residential to the north, with Kitsap County's 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 portion of the parcel 'Industrial' to match adjacent designations and the current activity occurring on 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 owner's intent for 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. What does the current Comprehensive Plan state regarding this topic? The Comprehensive Plan's maps do not designate a Land Use designation for the 0.5 acre southern portion of the subject parcel. U°NN Rural ent%a� Rend Protection City (RP) Industriii (1YV; f*Jf County I Mineral Resource LDR (MR) What does the current Comprehensive Plan state regarding this topic? The Comprehensive Plan's maps do not designate a Land Use designation for the 0.5 acre southern portion of the subject parcel. Attachment IV Proposed Comprehensive Plan Amendment #4: Summary: Proposed minor amendments to the Gorst Subarea Plan. Topic's Description: 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 specific for a particular area (examples of Bremerton's other 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: htto://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 Chapter 9. Upon annexation, the County's specific chapter will not be 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. What does the current Comprehensive Plan state regarding this topic? 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 regards to the proposed amendments, the Gorst Subarea Plan's Comprehensive Plan is silent, however 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. `^'„ver In 2016, the City of Bremerton and Policies p,aEt+sa4 e 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. Were Impact Development and the National !MpFaet steF,.,,., + Pollutant Discharge Elimination deem,+,. may be alle,.,,,d System (NPDES) Permitting. For this analysis, that Report shall be called "Stormwater Update Report". 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: Stormwater Add section as recommended by the Chapter 8 As part of the City's NPDES Stormwater Update Report to address Introduction Phase II permit requirements conflicting terminology (such as for Low Impact Development "pervious pavement" is now called (LID) integration, BMC 15.04 "permeable pavement" 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 RMC, removed and consolidated to '^. 6 6. BMC 20.82.020 Neighborhood Business designation. with the following additions... 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 e e Hq Hq e.r ce;@1 ceeFF9.de. eF 4444 Commercial Corridor (CC) zoning has General Commercial (GC) been consolidated into the new district is to provide locations designation "General Commercial." As 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. C,A'^�eYC 4' CArro pr 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 "Commercial Corridor" to Map "General Commercial" 4.7 Page 8-12: iii. Clearing and Grading: The Stormwater Report recommended Environmental b. ...Development or uses that 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) ReR Rati,.,e +Feerr .�. and 5) etheF ;Aive vegetat4p,. 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: 4. Environmental Standards — The Stormwater Update Report Environmental Stormwater 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 ext n.,* feasib,ln. 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 dispeFsin., it feasil-,In fer all n }TQT}} of site, Cthin thee) rT �T[R rb,-,II b,n nrl In Pea-.,b,nrn .Jir.,nrriA—A i A A-* fearib,ln 1 rail+r-,+in., Shall be fear b,ln A. Irbil+r-,+in.,. Tb,n rb,-,II -, r +b,n fn-,rib,ility of rail+. -,+in., nlrli.,n -, nilr .rlPIn+ Irfil+ratio.. Test (DIT) feF @RY Attachment IV --.+..,-,-h -eil5; i.Je.,+ifie,J .,here iefil+r-,+ie., may be pess;�, . .... . ..... cro„TS feF all n part Af the site, It shall be \A/here CII le�il+r-,+in., i '\TR *T-crrci,'; w h ec-rrp Ret feasible, I In Qnnos r, r Sbibsee+ie., /11 hole.., hp e.J fer -,II -,r+ial fIn.., Rtrel Drn er=ts RR e+water n -,l y Reed-,; , ,i+h I I n Qnno'; if�e �ihle 4b. Site Soils: Site soils in landscaped areas shall be amended pursuant to -,I5; ,Jereribe.J i 14 G Hhsee+ie., /b1/11 bele.., 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 oreiee+ ereyides @ re-1-6-1-stelre-4 Remove three of the four Stormwater 8-3 Public e-sideRtial ereiee+,.,i+h I In incentives, as since the Department of Benefit and stFee+ per Chapter 19-. Ecology Stormwater Update requires Incentives — Stormwater mitigation, and it should Stormwater oreiee+ „ses eeFme "'^ no longer be allowed as an additional s„rfar-iRg er de+e.,+i^,i incentive for greater intensity of efil+r-,+iA-A ...,e+he.J5; +e re,J„ee development. 199 yeaF steFm r Rt .. 750E of e ulatieR i paFkIRg e .,.J le-,d'Rg a pt .,he e+eRtlaI e .,.J..S+rial ae+iyity e ether Site speeifie e RstFaiRts a eludes sebiFees . ehiele f, -el statieRs steFage of 'Rel—Arial rhe -,•leak eils and n e .,.J e+her haiar.JAHr Attachment IV ster-age, etE .,IIS i uL,IieL,.,isiL,l., -, liee-R-se J I-,Rdseape @Fehiteet .tyle., yea F. , f 19,999 sq. ft of GeReFatiRg 4.11 Multiple Fences, Walls, and Planters The City has had substantial sections of P^ -Ar -^s walls, eF pl-,RteFs Ret consideration on fences and walls, and Chapter 10: exeeedin^ 42 iRehes OR height has developed a code in BMC Design @Ieeve the sidewalk gF@de @Fe 20.46.020 to address such. Gorst Guidelines; peFmit 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 11 —Credits Allison Daniels-LSatterl Adding married name Attachment V CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING June 20, 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 Present Chair Wofford Commissioner Conley Commissioner Goodnow Commissioner Jones Commissioner Nerf Commissioner Strube Commissioners Absent Vice Chair Tift Quorum Certified APPROVAL OF AGENDA Staff Present Andrea Spencer, Director, Department of Community Development Allison Satter, Senior Planner, Department of Community Development COMMISSIONER GOODNOW MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER CONLEY SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER GOODNOW MOVED TO APPROVE THE MINUTES OF MAY 16, 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 regarding matters not on the agenda. Seeing none, he closed the public portion of the meeting. Public Workshop: 2017 Overview of Proposed Amendments to the Comprehensive Plan Ms. Satter presented an overview of the proposed 2017 Comprehensive Plan amendments. She reviewed each of the amendments as follows: Attachment V Amendment 1 is intended to address comments from the Puget Sound Regional Council (PSRC). She reviewed that the City Council adopted the Comprehensive Plan Major Update in May of 2016. The PSRC is made up of representatives from King, Snohomish, Pierce and Kitsap Counties, and its intent is to ensure that all efforts are going towards the same regional planning effort. The PSRC looks at the City's Comprehensive Plan to make sure that it addresses the goals and policies outlined in Vision 2040, which is the guiding document for the four counties (multi -county planning policies). The PSRC requested that the City's plan be amended to include programs and provisions for distressed areas and areas with disadvantaged populations. Specifically, they asked that the City incorporate the following Vision 2040 Policies into its Comprehensive Plan: o MPP-Ec-11. Address unique obstacles and special needs, as well as recognize the special assets, of disadvantaged populations in improving the region's shared economic future. o MPP-Ec-12. Foster appropriate and targeted economic growth in distressed areas to create economic opportunities for residents of these areas. o MPP-Ec-13. Support the contributions of the region's culturally and ethnically diverse communities in helping the region continue to expand its international economy. Ms. Satter advised that staff will work with the City's Community Development Block Grant Program, which is already doing a lot of great work on behalf of the distressed and disadvantaged populations in the City. In addition, staff will coordinate with the Kitsap Public Health District on developing supportive policies, strategies and other programs to address the issue. The concept is to create policies that identify the issue as an important issue going forward. Amendment 2 revises the downtown description to further refine the close relationship between the Downtown Regional Center (DRC) and Naval Base Kitsap-Bremerton (NBK-Bremerton), the Puget Sound Naval Shipyard (PSNS) and Intermediate Maintenance Facility (IMF). The City's land -use element talks about this relationship, but the PSRC only considers the adopted DRC boundary when calculating the "activity units," which identify how many people work in the downtown. About 15,000 people work right next door, and the City believes that the numbers should count when calculating "activity units." The PSRC is working to change policies within the Vision 2040 Plan to recognize the close relationship between the DRC and the shipyard. To strengthen this concept, staff would like to see additional information added to the Comprehensive Plan to make reference to PSNS-IMF as part of NBK-Bremerton and their adjacency to the City. Staff would also like the Comprehensive Plan to address that, although the City considers BNK- Bremerton and the PSNS-IMF as part of the DRC, the City has no jurisdiction on land use planning or requiring permits on federal land. The intent is for staff to work with a liaison from NBK-Bremerton to draft the proposed amendments. She noted that Commissioner Tift, who was absent from the meeting, submitted a letter in support of Amendment 2. Amendment 3 would correct a mapping error for Tax Parcel 202401-2-026-2009, which came to the City's attention earlier in the year. A portion of this '/i -acre parcel was not included on the City's Land Use Map, even though it is within the City's jurisdiction. The property owner (Ueland Tree Farm LLC) is not proposing to do anything with the site at this time, but the discrepancy needs to be fixed now. The subject area is located near Werner Avenue and is adjacent to gravel mining activity. Staff has identified that this area should be industrial because of adjacent mining activity. However the northern half of the parcel should be maintained as low density residential because there are three single- family homes located adjacent to this area. It would not be appropriate to expand the Industrial Zone further north. County zoning for the properties located to the west of the subject site is Mineral Resource, which is consistent with the Industrial Zone. Amendment 4 would make minor updates to the Gorst Subarea Plan to be consistent with the National Pollutant Discharge Elimination System (NPDES) Permit update and to prepare the document for potential annexation. She recalled that the Gorst Subarea Plan was adopted in 2013. The subarea is currently located in the City's Urban Growth Area (UGA) and is not part of the City of Bremerton. However, once it became part of a UGA, it is anticipated to become part of the City at some point in the future. In 2012 and 2013, the City worked jointly with Kitsap County on the Gorst Subarea Plan so there is a smooth transition from County to City jurisdiction when annexation does occur. The subarea plan was not updated as part of the 2016 Comprehensive Plan update, but the County made some minor tweaks. This is also an opportunity to bring the plan into compliance with the NPDES Permit requirements, as well. Staff will Bremerton Planning Commission Minutes June 20, 2017 — Page 2 of 6 Attachment V work with the Public Works Department staff on the NPDES Permit and continue coordination with Kitsap County on updates to ensure consistency. Amendment 5 is a public request for a Comprehensive Plan amendment to the Land Use Map. The request is to change the land use designation for five lots, located at the comer of 15s` Street and Thompson Drive, from Low Density Residential (LDR) to General Commercial (GC). The lots are located to the west of Penn Plaza, which is currently zoned GC. Staff is concerned about expanding the GC zone, which allows auto -dominant, high-intensity uses such as big box stores, apartment complexes, hotels, etc. She cautioned that when changing the land use of a property, it is important to assume the most intense use. Although an applicant may have a great plan, once the site is re -designated, it can be sold for another more intense use. She recalled that the Penn Plaza site was designated as GC when the commercial zones were consolidated during the last Comprehensive Plan update. The property was previously designated as Marine Industrial, but due to all of the superfund cleanup activity that is still required along the water, it would not be possible to recognize the Marine Industrial viability until the shoreline has been cleaned, which could take up to 10 years. It was not staff's intent to expand the GC zone into the neighborhood west of Thompson Drive. The subject parcels can be seen from the Warren Avenue Bridge, and staff is concerned about visibility and potential impacts to the neighborhood if a large-scale business is developed on the site. Staff will provide more feedback as the proposed amendment moves forward. Ms. Satter advised that, at the completion of the public process, the Planning Commission will be asked to make a recommendation to the City Council regarding the five amendments. As the Commission reviews the docket, they must consider all of the impacts concurrently to assess their cumulative impact on the City and environment. They can also consider if an amendment is simply intended to fix an error. If it is not just an error correction, the Commission must make sure all of the following criteria is met. • Compliance with the Growth Management Act (GMA) • Consistent with the other Comprehensive Plan Policies and other City plans • Compatible with existing or planned land use and surrounding development pattern in that neighborhood. • Will not adversely affect the City's ability to provide urban services and bears responsible relationship to benefiting the public health, safety and welfare. Next, Ms. Satter reviewed the schedule for moving the proposed amendments forward. The Planning Commission will hold a workshop in July to discuss the proposed amendments in more detail. Additional workshops could be scheduled for the fall, if needed. The Environmental/Cumulative Impact Review will be done in August and September, and a public hearing before the Planning Commission is anticipated to occur in October. Following the Commission's recommendation, the City Council will conduct a public hearing in November or December. Any map changes (Amendments 3 and 5) will also require revisions to the zoning code, and this process is anticipated to occur in January through March of 2018. Ms. Satter asked the Planning Commission to identify additional information they would like staff to provide to help them make an informed decision relative to the proposed amendments. Staff is also seeking feedback about whether or not the proposed schedule seems reasonable. Any questions or ideas put forward by the Commissioners will be helpful to staff. Dennis Kirkpatrick, Architect, Bainbridge Island, said he was present to represent the owner of the five parcels at 15'h Street and Thompson Drive (Amendment 5). He said his comments are intended to present an idea for a proposed development on the subject parcels. He noted that there is a significant slope from the top of the hill down to Thompson Drive, and the proposed development would take advantage of the slope. When the property was initially purchased, the idea was to divide it into five separate building lots and construct individual residential units on each lot, with attached accessory dwelling units (ADUs). Mr. Kirkpatrick said the initial plan was presented to the City at a pre -application meeting, and staff agreed the plan would be acceptable under the current zoning (Staff note, this is currently not allowed by zoning). Subsequently, when looking at the site from the neighboring property to the east (Penn Plaza), the property owner felt that a true mixed-use development might be a better use of the property. The thought is that a lower -level commercial unit, accessible from Thompson Drive, would be more in keeping with the property across the street. Above the commercial space would be levels of residential units. This mixed-use project would maintain the residential character of the neighborhood, but also incorporate the commercial use Bremerton Planning Commission Minutes June 20, 2017 — Page 3 of 6 Attachment V that is evidenced across the street. He provided an illustration of a mixed-use project, with residential uses above a grade - level parking structure. He advised that GC zoning would be required to support this type of development on the subject parcels. Duane Patrick, Bremerton, said he was also present to represent the owner of the five parcels at 156' Street and Thompson Drive (Amendment 5). She was unable to attend the meeting. They believe the proposed project would be perfect for the subject parcels. Mr. Kirkpatrick commented that the proposed use of the property also seems to fit well with the neighboring Penn Plaza across the street. It will provide a transition zone from the high-density residential above to the commercial down below. Commissioner Nerf said he assumes that including the NBK-Bremerton and PSNS-IMF (Amendment 2) in the DRC's activity unit calculations will be positive and to the City's advantage. Ms. Satter explained that the City of Bremerton must compete for funding with other large cities such as Seattle, Everett, and Tacoma. The PSRC uses a tiered approach to classify cities, and it is based on the number of activity units a city has. A city's classification is directly associated with its ability to apply for federal grant funding. Cities that are higher tier have the opportunity to receive more transportation funding. Director Spencer explained that "activity units" are the number of jobs per acre. The more jobs they can get into a small area, the higher the activity units will be. Including NBK-Bremerton and PSNS-IMF numbers with those of the DRC will help the City show that there are a number of people commuting into the City every day, impacting the streets. As the PSRC moves towards a tier status, it is important for the City to stay as high as possible because transportation dollars are attached. Chair Wofford clarified that the population of the shipyard is included in the City population and the districts for election purposes. Ms. Satter agreed, but activity units are based on the number of jobs per acre and not the resident population. The job count is the driver for this particular niche. Commissioner Goodnow asked if there was a reason for excluding the shipyard when the original DRC boundaries were drawn. He asked if staff has any data on how the City of Everett addresses its shipyard. Director Spencer said it was not included in the DRC boundaries because the City does not have any land use authority inside the shipyard lines. However, there has been significant posturing within the region to include the military numbers. Up to this point, it has not mattered, but now the PSRC has tied the tiers to funding and decided to use activity units as the measure. Commissioner Goodnow commented that the shipyard employees help present part of the City's transportation problem. Commissioner Conley asked how the PSRC accounts for the transient nature of the carriers, which change home ports. Director Spencer said the numbers are counted as part of the State demographics and is based on where the carrier is homeported as of April 1St. This results in large fluctuations in Bremerton's population, depending on whether the carrier is in port or not. Commissioner Conley asked if there is flexibility given to the fact that there is shipyard availability for submarines that are otherwise at Bangor. If not, this population will be transient and not necessarily counted on April 0. Director Spencer answered that there is no flexibility in how the numbers are counted as of April 0. Mayors have fought with the State of Washington for a number of years about whether or not the numbers have been counted correctly. The City has really worked hard to get the numbers counted for Bremerton. Commissioner Strube referred to Amendment 5 and said he understands staff s concern that changing the designation of the five parcels to GC would allow more intense commercial development than what the property owner is currently proposing. He noted that the property owner is proposing a multi -family residential development with parking on the ground floor. He asked if a High Density Residential (HDR) designation would still serve the property owner's purposes, or is the property owner also proposing commercial development on the ground floor. Mr. Kirkpatrick said the intention is to have commercial development on the lowest level facing Thompson Drive, with a parking garage behind and built into the hillside. The parking garage and commercial space would both have access from Thompson Drive. Commissioner Conley asked how many levels of underground parking would be provided by the proposed project. Mr. Kirkpatrick answered just one, and it would be right at the grade of Thompson Drive. Again, he said access to both the commercial space and the parking garage would come from Thompson Drive, where the topography is flat. This would be more compatible with the neighborhood, as well. Bremerton Planning Commission Minutes June 20, 2017 — Page 4 of 6 Attachment V Chair Wofford reviewed that the property owner (Amendment 5) originally proposed five lots with single-family residential units, but later changed the plan to a mixed-use development. Theoretically, if the land use designation is changed to GC, the owner could scrap the plan for a mixed-use development and change the plan to a large-scale commercial use. Mr. Kirkpatrick agreed that the GC zone would allow a more intense use, but there are some restrictions on the property due to its topography. In addition, the development of a large-scale commercial building would be difficult to generate in the small amount of space available. Chair Wofford summarized that, given the current configuration of the site, the uses would have to be primarily neighborhood businesses. Mr. Kirkpatrick concurred and also noted that it would be very difficult to contain all of the parking required for a large-scale commercial use on the subject property. As proposed, the parking provided in the development would serve primarily the residential use, with some spaces for the commercial use, as well. They are also considering the option of an upper-level access road that would run along the top of the property and serve the upper units. However, they would prefer not to take that approach. Mr. Kirkpatrick explained that the residential level immediately above the commercial space would be single level flats, with two-level townhomes on top. As proposed, the total number of residential units would be 18. This would increase the density over the original proposal of five single-family homes with ADUs (total of 10). Commissioner Conley commented that the proposed storefronts look small. He asked how much commercial square footage is proposed for the project. Mr. Kirkpatrick answered that it would be less than 4,000 square feet. He explained that the main driver for the ground floor design is the level of parking that must be generated off of Thompson Drive to support the residential and commercial uses. Commissioner Nerf asked how high the proposed new building would be in terms of line of sight. Mr. Kirkpatrick answered the uppermost level of the proposed residential units would be relatively the same height as the roofs on the buildings located above on adjacent properties. They are not proposing a very tall building. The idea of building a residential section was to make it more compatible with the existing residential fabric in the area. The goal was to be in scale with the rest of the buildings in the area. Commissioner Conley asked how the design would be impacted if the mandated parking was no longer required. Mr. Kirkpatrick answered that eliminating the parking requirement would allow them to create more commercial space on the ground level. However, they would still need to provide parking space for the residential units. Mr. Patrick said the project is designed so there would be no street parking, and the commercial space is intended to be small. If additional parking is needed, the commercial space could be downsized, but there is no way to make the entire ground floor commercial space because there would be no parking for the residential units above. He noted that there is a duplex on the lot adjacent to the subject parcels, and next to the duplex are two single-family homes. After the single-family homes is a large apartment complex. The proposed project would fit perfect and blend in with the surrounding neighborhood. Mr. Kirkpatrick summarized that the property owner is not looking for a very high intensity commercial presence. Commissioner Strube asked if GC is the only zone that would allow a mixed-use development. Director Spencer said a lot more clarifying information would be provided by staff when the Commission continues its discussion on the proposed amendments in July. Perhaps there is a better zoning district that is more appropriate for the proposed project, but the Commission should consider context. They try to pair similar zones up with one another. In this particular case, the Commission must keep in mind that a land use change to GC would open the door to everything that is allowed in that district, including up to 8 stories of development (about 65 feet). The City does not do contract rezones, so there is no way to condition a rezone to ensure this outcome. As the Commission prepares to debate the issue, they should review the GC portions of the Comprehensive Plan to understand the intensity that is allowed in the district. Once the land use is changed, the City will not be allowed to control future permits that come in. Ms. Satter added that the City typically avoids "spot zoning." If the applicant wants to extend the HDR designation, it would likely need to include the entire box from Anderson Cove all the way to Penn Plaza. This would require that the entire neighborhood be involved in the process. Commissioner Strube asked if the property owner (Amendment 5) would be willing to development an apartment complex if the property were re -designated as HDR. Mr. Kirkpatrick answered yes and said the original concept was to allow for a higher density using the vehicle of an approved ADU. The intent of the proposed amendment is to allow a higher density of residential, but also respond to the commercial use of small neighborhood businesses in the area. Bremerton Planning Commission Minutes June 20, 2017 — Page 5 of 6 Attachment V Chair Report Chair Wofford did not provide a report. Director Report Director Spencer announced that the City Council unanimously adopted all of the Commission's recommended design standard updates. She reviewed that the amendments were intended to make each of the zoning districts consistent. The amendments also introduced the ability for developers to have some flexibility, working with an architecture team, to meet the City's design expectations. Director Spencer advised that the City Council will hold a public hearing on June 21st on the latest zoning code changes related to auto service and repair and fences. The ADU provisions were separated out and pushed to the July 19s' meeting for a public hearing. It is likely the most contentious element of the ADU amendment will be the removal of the requirement for owner -occupancy. She reported that the "Region of Boom" series is currently on KUOW, and they did some nice advertisement for the City Council's hearing on the proposed zoning code amendments. Although the public hearing on the ADU amendment was subsequently postponed to July, the City Council plans to accept public testimony on the tyic on June 21 s`. However, no decision would be made until after the July public hearing. She referred to the property at 15 Street and Thompson Drive, which was originally designed as five single-family residential units, each with an ADU. The applicant was told the City could not approve the ADU element of the project because there was no guarantee that at least one of the units would be owner -occupied. She suggested that the City's position likely inspired the property owner's desire for a land - use change. If the ADU provisions are approved as presented, it is possible the property owner will revert back to the original design. Director Spencer asked for feedback regarding the proposed schedule for the Comprehensive Plan amendments. The Commissioners indicated that the scheduled appeared reasonable. Director Spencer suggested that the Commission extend a formal invitation for the Kitsap Building Association, Kitsap Realtors, and others who are interested to attend the September meeting and provide useful feedback to the Commission relative to the Comprehensive Plan and Zoning Code. The Commissioners voiced support for the invitation. Old Business There was no old business. New Business There was no new business. ADJOURNMENT The meeting was adjourned at 6:20 p.m. Respectively Submitted by: Andrea Spencer, P Nick Wofford, Chair Executive Secret ly Planning Commissi6ii Bremerton Planning Commission Minutes June 20, 2017 --- Page 6 of 6 Attachment V CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING July 18, 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 Present Chair Wofford Vice Chair Tift Commissioner Jones Commissioner Nerf Commissioner Strube Commissioners Absent Commissioner Conley Commissioner Goodnow Quorum Certified APPROVAL OF AGENDA Staff Present Allison Satter, Senior Planner, Department of Community Development Kelli Lambert, Planner, Department of Community Development VICE CHAIR TIFT MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER JONES SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER STRUBE MOVED TO APPROVE THE MINUTES OF JUNE 20, 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 Workshop: 2017 Proposed Amendments to the Comprehensive Plan Ms. Satter explained that the Comprehensive Plan is the blueprint document of how the City should develop within the next 20 years, and amendments to the Comprehensive Plan can only be done one time per year. Following the Commission's discussion tonight, the proposed amendments will be presented to the appropriate state agencies for comment. Following agency comments, the amendments will go forward to a public hearing before the Planning Commission on October 17'b. Attachment V She referred to the Staff Report, which is available on the City's website, and reviewed the five proposed amendments as follows: Amendment 1 is intended to address comments from the Puget Sound Regional Council (PSRC), which is a multi - county planning group for all jurisdictions within King, Snohomish, Kitsap, and Pierce counties. When the City's Comprehensive Plan was updated in 2016, it was forwarded to the PSRC for certification to make sure that it addressed the goals and policies outlined in Vision 2040, which is the guiding document for the four counties (multi -countywide planning policies). The PSRC requested that the City's plan be amended to include programs and provisions for distressed areas and areas with disadvantaged populations. Specifically, they asked that the City incorporate the following Vision 2040 Policies into its Comprehensive Plan: o MPP-Ec-11. Address unique obstacles and special needs, as well as recognize the special assets, of disadvantaged populations in improving the region's shared economic future. o MPP-Ec-12. Foster appropriate and targeted economic growth in distressed areas to create economic opportunities for residents of these areas. o MPP-Ec-13. Support the contributions of the region's culturally and ethnically diverse communities in helping the region continue to expand its international economy. Ms. Satter referred to the demographic information that was provided by the Kitsap Public Health District, and introduced Crystal Nuno, who was present to explain the information that was provided.. Crystal Nuno, Kitsap Public Health District, provided a map to illustrate the location where most of the disadvantaged population in Bremerton currently reside (primarily Census Tract 812 but also some of Census Tracts 806 and 811). She walked through an example of how to use the demographic handout, including referring to Table 13, which provide more detailed information about the population living within Census Tract 812. Chart 13 illustrates the percentage of people in each age category who live below the Federal Poverty Level, including those who live below 200% of the Federal Poverty Level. Chair Wofford asked how the numbers for Tract 812 compare to County, State and National data. Ms. Nuno answered that she only pulled data from Bremerton, but she anticipates that many other communities have similar numbers. Ms. Nuno also referred to Chart 15, which illustrates the number of homeless students in the Bremerton School District. She summarized that in 2015 through 2016, there were approximately 434 homeless children in preschool through 12th grade. That is approximately 86 out of every 1,000 students. In the annual 2017 point -in -time data that was collected earlier this year, there were 323 total unsheltered homeless individuals surveyed, and 11.5% of them identified themselves as veterans. Ms. Nuno briefly reviewed the information in the report relative to food insecurity for Kitsap County. About 12.6% of the population in Kitsap County experiences some food insecurity, and 63% of those fall below 200% of the Federal Poverty Level. About 19% of Kitsap County children experience foot insecurity. Ms. Nuno said the report identifies three categories of Adverse Childhood Events (ACEs): physical, emotional or sexual abuse; physical or emotional neglect; and household dysfunction. The data shows a distinct correlation between the number of ACEs a child experiences and the number of health disparities. The more ACEs you have, the more likelihood for negative health outcomes later in life, and this can lead to substance abuse, alcoholism and other health impacts. The report provides data on the percentage of children who experience various types of ACEs, and the ones that stand out are the high numbers of children who are experiencing worry, anxiety and depression. Ms. Nuno summarized that the report demonstrates that poverty is tied to mental health, which is tied to health disparities. It is important to address these issues via policies in the Comprehensive Plan, with the idea of fostering healthy relationships among the community members and bridging gaps within our community. She commended the City of Bremerton for proposing an amendment that addresses disadvantaged populations as part of the Comprehensive Plan, and she offered her services to continue helping develop new language and strengthen existing policies to address food access and ACEs, as well. Bremerton Planning Commission Minutes July 18, 2017 — Page 2 of 7 Attachment V Ms. Satter advised that staff will use the report provided by the Kitsap Public Health District to develop supportive policies, strategies and other programs to better meet the needs of the distressed and disadvantaged populations in the City. Staff will also continue to work with the Kitsap Public Health District to add additional policies relative to food access and ACEs. She reminded the Commission of the City's Community Development Block Grant Program, which offers loans for low-income people for doing essential upgrades to their homes. The City also coordinates with the Department of Housing and Urban Development (HUD) for funding in key areas. The City now requires that HUD and other funding sources be leveraged with other private investments to increase the benefit provided. The City also received a Brownfield Grant to look at key areas and identify the impediments for development. In addition, the City has an Arts Commission to represent the arts community. It is also trying to provide more activities and programs for the elderly. There are significant Comprehensive Plan policies in place, but the amendment will better document the City's efforts to address the PSRC's concerns. In addition to what the City is already doing, Ms. Satter said a greater effort could be made to involve more people in the public process, including specific outreach to disadvantaged populations and distressed areas. For example, there are no policies in the Comprehensive referencing veterans, and more could be done to address cultural and ethnic diversity by making sure those populations are more represented in decisions moving forward. The City should also seek other funding opportunities and programs, and work with local legislators towards a uniform program for assistance and planning. For example, affordable housing is not just a city issue; it's a national issue. It would be great to have legislation to guide the efforts of all jurisdictions going forward for consistency and predictability. Ms. Satter summarized that staff's proposal for Amendment 1 is to include additional policies and strengthen existing policies as laid out in the Staff Report. She particularly noted the amendment to LU4(F) to read as Kitsap Public Health District recommended, "Make progress and coordinate with the Kitsap Public Health District towards eliminating health disparities and mitigating impacts on under -represented populations. " Amendment 2 refines the descriptive language for the Downtown Regional Center (DRC) to include a clear connection between the DRC and Naval Base Kitsap-Bremerton (NBK-Bremerton), Puget Sound Naval Shipyard (PSNS) and Intermediate Maintenance Facility (IMF). The amendment would also expand the DRC boundaries to include the boundaries of NBK, PSNS and IMF. Although the City does not have any federal regulatory authority, these areas should at least be identified as an integral part of the downtown and their impacts should be considered. Lastly, a policy would be added to clarify the key connection between the Puget Sound Industrial Center and NBK/IMF/PSNS and make note of future impacts to the Gorst roadways as a result of this connection. Amendment 3 would correct a mapping error for Tax Parcel 202401-2-026-2009, which came to the City's attention earlier in the year. A portion of this '/z -acre parcel was not included on the City's Land Use Map, even though it is within the City's jurisdiction. The property owner (Ueland Tree Farm LLC) is not proposing to do anything with the site at this time, but the discrepancy needs to be fixed now. The subject area is located near Werner Avenue and serves as the access road to the existing gravel mining activity. As requested by the property owner, the amendment would change the Land Use Map to designate this '/z -acre parcel as Industrial. To recognize the existing surrounding uses, the proposed amendment would make the subject parcel a split -zone lot, with half of the lot as Low Density Residential (LDR) and the other half the proposed Industrial (I) designation. Amendment 4 would make minor updates to the Gorst Subarea Plan to be consistent with the National Pollutant Discharge Elimination System (NPDES) Permit update and to prepare for potential annexation. She recalled that the Gorst Subarea Plan was adopted in 2013 by both Kitsap County and the City of Bremerton to better prepare for potential annexation of the area. The Gorst Subarea Plan was not updated as part of the 2016 Comprehensive Plan update. Some amendments are needed to bring the City's plan into compliance with the NPDES Permit requirements, and most are related to stormwater. In addition, she reminded the Commission that the most recent update of the Comprehensive Plan consolidated the commercial districts into just five categories. This resulted in an unintended consequence in the Gorst Subarea Plan, which references the old zoning categories. The proposed amendment would correct the zoning references. Lastly, staff is recommending removal of the majority of regulations specific to Kitsap County from Chapter 9. She explained that, upon annexation, the County's specific chapter will not be used, as the Gorst area will all be under the City's regulatory authority. She emphasized that all of the amendments are minor in nature and would not change the overall scope of the Gorst Subarea Plan. Bremerton Planning Commission Minutes July 18, 2017 — Page 3 of 7 Attachment V Amendment 5 is a public request for a Comprehensive Plan amendment to the Land Use Map. The request would change the land use designation for five lots, located at the corner of 15'h Street and Thompson Drive, from Low Density Residential (LDR) to General Commercial (GC). The site is undeveloped and was recently logged in preparation for development. The properties are located west of Penn Plaza, which is currently zoned GC. Other than Penn Plaza, the properties are surrounded by LDR zoning. A few blocks to the west of the subject parcels is a High Density Residential (HDR) area that was designated in 2016. She reminded the Commission that the GC zone is intended to provide locations for high-intensity commercial uses serving the entire community, and a wide variety of uses are outright permitted. Although the applicant may be proposing a specific project, the City cannot condition a rezone or guarantee that the applicant's proposal will come to fruition. If rezoned to GC, nothing would prevent the properly owner from developing any of the uses allowed in the zone. When making a decision, she cautioned that the Commission should consider all aspects of what could happen to the site if the new land use designation is granted. She provided examples of recent development in the GC zone, noting that many of the allowed uses could have significant impacts to the adjacent LDR zones. She also provided pictures to illustrate existing development that surrounds the subject parcels. She explained that the Penn Plaza property is currently developed with a variety of storage and business uses. The property was zoned Marine Industrial in 2006. However, due to the superfund cleanup that is happening on the site along the waterfront, the property has no access to the shoreline on the majority of the area. This made it inappropriate for marine industrial uses on the site until after the cleanup has been completed. In 2016, the City amended the Land Use Map to designate the property as GC for the time being, which allows them similar opportunities as allowed by the Marine Industrial designation. The only reason the properties were designated GC was because there was an existing use. The applicant for the current amendment is seeking to develop an apartment complex, and the only zoning that would allow the use is HDR or GC. HDR zoning would not be allowed because the subject parcels are not adjacent to existing HDR development. To avoid spot zoning, re -designating the parcels to HDR would require that all of the properties along Naval, Marguerite and Thompson Streets to the water be re -designated, as well. This would require a significant public process and the proposal could be considered as part of a future Comprehensive Plan amendment docket. The subject parcels are located on hill and have a view, and can be seen from a good distance away. Staff is not supportive of the proposed rezone due to the intensity of the GC designation and the impacts it could have on adjacent properties. Three written comments regarding Amendment 5 were received, and copies were provided to the Commissioners prior to the meeting. Ms. Satter briefly reviewed the criteria of approval the Commission must consider when making a recommendation to the City Council regarding the five amendments. First, she noted that all of the changes must be reviewed concurrently to assess their cumulative effect on the City and the environment. The Planning Commission may recommend adoption, or adoption with modifications, of an amendment to the Comprehensive Plan if- a) f a) There exists an obvious technical error in the pertinent Comprehensive Plan provisions; or b) All of the following criteria have been met: 1. The amendment is consistent with the Washington State's Growth Management Act. 2. The amendment is consistent with the Comprehensive Plan or other goals and policies of the City. 3. The amendment was reviewed but not adopted as part of a previous proposal and circumstances related to the proposed amendment have significantly changed or the needs of the City have changed, which support the amendment. 4. The amendment is compatible with existing or planned land uses and the surrounding development pattern. 5. The amendment will not adversely affect the City's ability to provide urban services at the planned level of service and bears a reasonable relationship to benefitting the public health, safety and welfare. Ms. Satter noted that the City Council can approve, deny or modify the Planning Commission's recommendation. However, the City Council does rely heavily on the Planning Commission's recommendation. The next step in the process is to go through the Environmental/Cumulative Impact Review during the months of August and September. A public hearing before the Planning Commission is scheduled for October 17's. A public hearing before the City Council is anticipated in November or December. Bremerton Planning Commission Minutes July 18, 2017 — Page 4 of 7 Attachment V Chair Wofford invited members of the public to comment regarding the proposed amendments. Randy Damewood, Bremerton, said he lives very near where the change (Amendment 5) is proposed. He purchased his home 20 years ago, and he has always loved the quietness of his street. He asked the Commission to not recommend approval of any land use designation that would allow greater development than five residential units. He said he was told that the property owner would have to pay a fine because the trees were removed from the subject parcels without notification and/or permit. He wants to maintain the quiet nature of the residential neighborhood, and he believes the only view for the subject parcels would be towards Penn Plaza. Gary Chidester, Bremerton, said he lives near the parcels that are the subject of Amendment 5. He voiced concern about what could be developed on the site if the land -use designation is approved and the properties are subsequently rezoned. The applicant is currently proposing a four-story complex up to 45 feet tall, covering over 80% of the lot. The project would be built into the hillside 40 to 60 feet, and he is concerned that clipping the footings of the hillside would result in a landslide. He said he would like the current land use designation and zoning to remain unchanged. He questioned where parking would be located to accommodate a project of 15 residential units on top of ground floor commercial. He suggested it would require the developer to go further into the hillside to provide adequate parking space. There is not enough land to accommodate the current proposal without destroying the stability of the hillside. Edward Olson, Bremerton, said he also lives near the parcels that are the subject of Amendment 5. He purchased his property 10 years ago, after deciding that Penn Plaza was something he could live with. However, moving an industrial area that close to his residential property will adversely affect its value. He would not have purchased his property if the subject parcels had been developed as a commercial use. He said he does not support Amendment 5, and he asked the Commission to recommend denial. Carol Alexander, Bremerton, said she has lived in the neighborhood adjacent to the subject parcels (Amendment 5) for 15 years. It is currently a quiet community where she can walk her dogs and children can play. The visibility coming out of Thompson Drive and Marguerite Avenue is already difficult because of the topography. During adverse weather, the roadway becomes slippery. A large commercial or multi -family residential use on the subject parcels would significantly increase traffic, and she is concerned about the safety of the neighborhood. She asked that the Commission recommend denial of Amendment 5. Candace House, Bremerton, said she can look onto the subject parcels (Amendment 5) from her deck. She has owned her home for 20 years, and her backyard is adjacent to the storage facility at Penn Plaza. While it is not aesthetically pleasing to look at, she does not mind it because it is quiet and there is not a lot of traffic. She does not want to look onto a commercial use from her deck, and she is worried that re -designating and rezoning the properties to GC would allow a wide variety of uses, and the City would have no control. She does not want a commercial use that close to her property, and she asked the Commission to recommend denial of Amendment 5. Dennis Kirkpatrick, Bainbridge Island, said he is the architect representing Duane Patrick, the property owner and applicant for Amendment 5. He explained that when Mr. Patrick purchased the property, the intent was to construct five individual residential units, each with an accompanying accessory dwelling unit (ADU). During the pre -application meeting, staff informed him that the properties could be developed into single-family residential units with accompanying ADU's within the current R-10 zone, and that is what was initially proposed. However, they later learned that increasing the density would allow the properties to accommodate more residential units. The idea behind the amendment is to increase the density to allow more residential units and ADUs. It is not the applicant's intent to develop the property with a commercial use, but he understands the concern that the site could be developed as such if the zoning is changed. The intent is to provide a residential project that is in scale with the existing neighborhood and something that would be of benefit to the community and not negative. In the plan that was presented to the Planning Department, there would be some small commercial space on the lower level where the underground parking would be located, but the rest would be residential. He summarized that the applicant's intent is to develop residential property in a higher density than would be allowed by the current R-10 zoning. The proposed project would be consistent with the current code relative to height, as height is measured based on an average. As far as the hillside, there are competent geotechnical engineers who can design walls that are adequate to support the hillside and address safety issues. Bremerton Planning Commission Minutes July 18, 2017 — Page 5 of 7 Attachment V Travis Waldner, Bremerton, said he also lives near the subject properties (Amendment 5). He voiced concern about what would be developed on the property to match the surrounding residential neighborhoods if Amendment 5 is approved. The house that was recently constructed by the same developer on the hillside across the street from the subject parcels does not match the neighborhood because of its large scale. Adding more of that, and possibly a mixed-residential/commercial structure onto this comer, would be incompatible with the neighborhood. He requested that the Commission recommend denial of Amendment 5. Chair Wofford closed the public comment portion of the workshop. Commissioner Nerf asked the status of the Commission's previous recommendation to the City Council that ADUs be allowed without requiring owner occupancy. He said his understanding is that the owner -occupancy requirement is .one of the reasons Mr. Patrick's proposal was changed from a purely residential development to a mixed commercial/residential project. Ms. Satter discussed that the applicant's original request was reviewed at a pre -submittal meeting for five, single- family residential units, with five ADUs. Based on the City's current standards, ADUs require owner occupancy, meaning that the owner must live in either the principle unit or the ADU for at least six months each year. The Planning Commission recently forwarded a recommendation to the City Council that the owner -occupancy requirement be eliminated, and it is scheduled to go before the Council on July 19s`. However, the City Council amended the Planning Commission's recommendation to retain the owner -occupancy requirement for ADUs. If the owner -occupancy requirement is eliminated, the applicant could go forward with the initial proposal, provided the structures still look like single-family homes with subordinate (ADU) units. Without the change, the proposal could still go forward, but each property would have to be owner -occupied for at least six months of the year or he could construct one single family home per lot. Commissioner Nerf asked if it is still possible the City Council will vote to eliminate the owner -occupancy requirement for ADUs. Ms. Satter agreed that is a possibility. Commissioner Strube said he visited the properties that are the subject of Amendment 5 and looked at the surrounding residential neighborhood. As much as he respects the effort to develop the site, he is also concerned about the potential uses that would be allowed if the land use designation and zoning is changed. He would like the neighborhood to remain intact. He hopes the property owner will still develop the property with five residential units that fit with the neighborhood. Vice Chair Tift said he supports Amendment 1 and agrees that the language should reflect the need to provide opportunities for the disadvantaged members of the City and community. He also supports Amendment 2, which recognizes the impact of the military facilities that make up nearly 50% of the useable area in the downtown. Understanding and recognizing its impact on the community is important. It will also foster cooperation between the Navy and City leaders. He also believes that improving the connection between the Puget Sound Industrial Center and downtown Bremerton is important. There may be some reluctance to locate there because of the difficulty getting back and forth using Highway 304 and Highway 16. It's a great location with a lot of area, and it should be attractive to many businesses. Vice Chair Tift said he supports the map change outlined in Amendment 3. He also supports Amendment 4 related to the Gorst Subarea Plan. Lastly, he referred to Amendment 5 and commented that the opportunity for someone to develop new homes is important to Bremerton, since so many of the existing homes are older. He said he does not understand why GC zoning is needed to accommodate the applicant's project. The property is zoned residential, and it should be allowed to develop with five homes and five ADUs. He does not support the proposed GC zoning. Ms. Satter explained that the City does. not typically support "spot zoning," which would be the case if the subject parcels (Amendment 5) were rezoned to HDR because none of the surrounding properties are zoned HDR. The City's planning strategy is to have density go towards the centers and redevelop areas that are already dense. Upzoning was done in some areas to offer an incentive for future development, and that was the case with Anderson Cove, which was rezoned to HDR. However, the subject parcels (Amendment 5) are located in an area of existing single-family homes with GC to the east, and the applicant's initial proposal was for HDR zoning. Because none of the adjacent zoning was HDR, an HDR designation would be considered "spot zoning." However, staff may be supportive of a proposal put forward by all of the property owners between Anderson Cove and Penn Plaza to change the designation from LDR to HDR. If that were the case, it would no longer be considered "spot zoning." This type of proposal would require a significant public process and would not be part of the 2017 docket. Bremerton Planning Commission Minutes July 18, 2017 — Page 6 of 7 Attachment V 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 Present Chair Wofford Vice Chair Tift Commissioner Conley Commissioner Goodnow Commissioner Nerf Commissioners Absent Commissioner Jones (excused) Commissioner Strube (excused) Quorum Certified APPROVAL OF AGENDA Staff Present Andrea Spencer, Director, Department of Community Development Allison Satter, Senior Planner, Department of Community Development Ryan Crater, Senior Planner, Department of Community Development 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 Attachment V 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: • Amendment 5 — Land use change for property at 15th 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 coordination to continue to work on the PSRC's recommendation. 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 include changing "credit unions" to "financial institutions," to make the policy broader, eliminating the extra commas in Policies CS -7 and ED -10, and changing the word "coordinate" to "coordinating." 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 said the intent of this amendment is to help document the important relationship between the City's 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 to further define, but clearly outline the City's limit on regulatory 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 '/z -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 be consistent with the Department of Ecology's Stormwater Manual that was updated in 2014. Some options that were 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: Bremerton Planning Commission Minutes October 17, 2017 — Page 2 of 4 Attachment V • 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 adversely affect the City's ability to provide urban services and bears reasonable relationship to 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. Samantha Scott, Bremerton, asked if the public would have an opportunity to address the City Council on November 151, 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. Director Spencer reminded the Commission that the November meeting was rescheduled to November 281, which is the week after Thanksgiving. Old Business There was no old business. New Business: Bylaw Review Director Spencer proposed that the Commission change its meeting date to the 3rd 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 their November 281 meeting. Bremerton Planning Commission Minutes October 17, 2017 — Page 3 of 4 Attachment V ADJOURNMENT The meeting was adjourned at 5:51 p.m. Respectively Submitted by: Andrea L Spencer, AICP Executive Secretary Nick Wofford, Chair Planning Commission Bremerton Planning Commission Minutes October 17, 2017 — Page 4 of 4 O U n 0 C44 Mil - N D 13 CL 0�: : � N CMM 0 0 a c v H a a� a Iwo H H O 4o a H O O CX • � wo • o o a y a o*Roam y a a owo a� a L4E O L O 3 N } V V O O L } ,O 0 0 � V .V O L °O - _ ,O V •G L } O LL 0 O ^ > E _ LL. N 0 0 0 m VA M. R AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Revenue Study Session Date: Budget Workshops Sources for the Proposed FY -2018 COUNCIL MEETING Date: November 15, 2017 City of Bremerton Budget Department: Financial Services Presenter: DeWayne Pitts Phone: (360) 473-5296 SUMMARY: Tonight's public hearing is to take comments on the revenue sources for the 2018 Proposed Budget. The proposed budget anticipates property and EMS levy increases of the full 1% allowed by law, leaves utility tax rates unchanged, but changes the allocation of stormwater taxes to certain funds. The proposed budget also adjusts for the annual $20,000 increase to the B&O tax exemption rate, incorporates utility rate increases and includes interfund transfers between funds where appropriate. Overall, the revenue projections throughout all funds remain conservative. ATTACHMENTS: The 2018 Proposed Budget may be found on the City's website at www.bremertonwa.gov. FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund revenue, without beginning fund balance, is $41,081,952. With beginning fund balance, total general fund revenue is $48,310,421. Total proposed revenue city wide, without beginning fund balance, is $107,060,830. With beginning fund balance, total revenue city wide is $158,551,979. STUDY SESSION AGENDA: ❑ No Presentation x❑ Full Presentation — Budget Workshops STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: Open Hearing for Public Comment Action will be taken under General Business Item 7A (Ordinance No. 5339); Item 7B (Resolution No. 3297): and Item 7C (Ordinance No. 5340). 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Budget workshops were held on November 2, 6 and 9 where an overview of the Mayor's proposed budget was presented to Council. Public comments will be taken into consideration before Council adopts a final ordinance. ATTACHMENTS: The 2017 Proposed Budget and related workshop presentations may be found on the City's website at www.bremertonwa.gov. FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund expenditures, without ending fund balance, is $42,201,729. With ending fund balance, total general fund expenditures is $48,310,421 Total proposed expenditures city wide, without ending fund balance, is $122,879,612. With ending fund balance, total expenditures city wide is $158,551,979. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation - Budget Workshops STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: This first Public Hearing will be opened tonight to receive comments from the public only. The second and final Public Hearing will be held during the Special Meeting on Monday, November 20 for additional comments from the public and final action by the Council. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ® No Action m 00 0 N V O z ME ci m o ct o ct ct U a a O � O ct � U O U I -I a •O 4-4 O U 0 0 �4-4 4-4 o•� o� �� ct ii a) a) T- N a) O co csi M O M • I` M N T N O o T m a) M ii a) a) T- a) O a) N M O N M � M N O o T m a) • a) L a O a) I L • O ti • Qi T M 0 ' O N N •: Q1 ti T M m m t ti c V N N o V1 `'--� Lo 4-4O Ln O I� N 0 w 4-4 N � • �{ 00 0Ili Cfl r 0 1` V,-00� N Cl) O (D 0 4-4 LO I,— �J 0 Ef) M (6 � M Efl W T EF} Ef} Cl) Ef} � U' N o0 O � � O � 4-44-4 a (D N> LL L L Q o N Lo N Ln O I� N 0 w N N � N 00 0Ili Cfl r 0 1` V,-00� N Cl) O (D 0 � LO I,— 0 0 Ef) M (6 � M Efl W T EF} Ef} Cl) Ef} Efl <>} o N Lo N Ln O ti � I- T CO llz:� O (Q ti r Cfl 00 O f� OM 000 ti Cl lq O I,— 0 0 N M LO � 6c> Efl 6c> EF} T Ef} U) m ti 0 O M M 00 0 I� T r Cfl 00 O f� OM lq M ti lq O 0 M 0 N ti � � Ef} 61D Ef} Ef)- TMI Ef} U) m N 000 00 0 r T O r O O r OM O I� a ) N E Efl �rl- N 6c> LL LO Ef} Ef)- vl} U) D LL a ) N E LL U O : (D N> LL L L Q V l�^ ) a) CD w U 0 H 4-4 w � � O N ct c N 11 11 � � N lc� U � ct ^ ^ N � ct .r, ct ct c� � U � O N � O I OR M K, -1 r LJ 11 EN: • • • M H w N • 4-4 to ss w W• • W" u N� V 1JJ ce m �D r N OMO 0 N r T co T T N M M O M T N z co co a) O a) 6 O T O N T T O O O O O � r T co T N (D O O Q z O N N Q) M Q1 N 0 G py a i U w c� w N � 4-4 G py a i w c� w N i 06 a E >_ od i O O T LL t/1 N p c _ 00 00 T O 0 T N 0 N O 0 T r 0 T CD T - T LO N � Qi O O N N Iq LO co O co M C) 00 O T LO ti co N M O O tD CD tD C') N ' f` O N M M O r N co T co N O M r r N O O O O M M !MD- ti M r 11 O M .• • • ' • OT Re 1` M LO T Iq O � O O I` LO 0 T O O � LO � • • M T ti O • r N i 06 a E >_ od i O O T LL t/1 N p c T to T O T t to (D Qi LC) O T M O Oo I` LO N M Ln co N Ln L C r r N i 06 a E >_ od i O O T LL t/1 N p c 0 0 0 0 0 0 M 00 M W Iq M 0 00 L N r 4 N M M N T N 00 O O N T N 0) N N N N -q LO O T T L T W O O W W W O 6 L6 (6 O M ' N N CO r r Q) 00 T O O N 04 � toti O Ln- M Iq r co0 11 N f` T O Ln N C T T T T L M r le C) M 00 f` tD 00 O N N 00 O O N T N 0) N N N N -q LO O T T L T M O O O O �T O "T C� = .--� O O O N O O O l-- In N �c �c O l/) T O kn O O O x kn V kn �c IV l- O O� �.-- N N 00 O� M O .--i �--i .-� � •-� � .-1 M VF l I I Vl l � w i >' ct � OC ct U v� ti U o0 U ct O 7� oc Ct O ct bUp� O ct c� a� H CE m P � O r � Cfl Cfl M O C7 00 Cfl M 00 N O 1` r LO r C) to N r r M N (D 1` 1` T- co � o N LO o U) o 0 > O N Gs x qq (1) x Q H W i p V Q G1 ON ++ (� (1) _ ca N = D >► O ca _ v = ♦, > Q a� O O N O ct N O o0 o °O N oc Ct N O � � � N N O ct N 4Z; � v v � a� o � OC � N 7� +, o ' U rte' 4-4 4-4 � p bA � •� 4-4 a� C1t C1t 4-4 4-4 ct 11 AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5339 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 to our general property tax levy over the prior year's collection, as allowed by law. This 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. RCW 84.52.020 requires all taxing districts to "certify to the county legislative authority, for the purpose of levying district taxes... the amounts to be raised" by property taxes. RCW 84.55.120 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. 5339 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: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda o General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5339 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 Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5339 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 the City's revenue sources for the City's General Fund budget; and WHEREAS, the City's actual levy amount from the previous year, including any refunds and abatements levied was $7,206,473; and WHEREAS, the City's actual EMS levy amount from the previous 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. 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 ATTEST: SHANNON CORIN, City Clerk PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. 2 PATTY LENT, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 2017 2017 2018 Property Tax AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3297 re-establishing and amending City Rates and Fees for 2018 Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: m November 8, 2017 November 15, 2017 All DeWayne Pitts (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. 3297 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: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda o General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3297 re-establishing and amending City Rates & Fees for 2018. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 3297 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 Access Television (`BKAT"), Department of Community 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]. Rate Tables Reestablished arad 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 (`BKAT"), Department of Community 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, 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. E ective Date of Sections I 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. E ective Date. This resolution shall take effect and be in force on January 1, 2018. 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 2 2017 Rates and Fees 2018 RATES & FEES City of Bremerton Resolution No. 3297 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.....................................................................16 IVY GREEN CEMETERY......................................................................................17 KITSAP CONFERENCE CENTER..........................................................................18 MUNICIPAL COURT..........................................................................................19 PARKING..........................................................................................................20 PARKS & RECREATION......................................................................................21 POLICE DEPARTMENT......................................................................................26 PUBLIC RECORD FEES.......................................................................................27 PUBLIC WORKS & UTILITIES.............................................................................28 TAX& LICENSE.................................................................................................30 TELECOMMUNICATIONS..................................................................................31 TABLE A ANIMAL CONTROL FEES 1. Licenses for Dogs and Cats Impound a) For Each Cat Spayed or Neutered (Upon Proof of Spaying or Neutering) Vaccination $45.00 — Annual $7.50 $20.00 — Lifetime $25.00 b) For Each Dog Spayed or Neutered (Upon Proof of Spaying or Neutering) Microchip $30.00 — 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 I P a g e 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 b) Individual Non -Resident c) Organization — Resident d) Organization — Non -Resident 7. RENTAL RATE a) Field Equipment — Tripod ($300 Deposit) — Light Kit ($300 Deposit) — Lavalier Microphone ea. ($300.00 Deposit) — Video Monitor ($300.00 Deposit) — Camera ($300.00 Deposit) $25.00 $50.00 $75.00 $150.00 $25.00/Day $100.00/Day $20.00/Day $35.00/Day $150.00/Day 21 Page Resolution No. 3297 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 1 P a g e 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 • 1-100 lots • 101-200 lots • 201 + lots — Final Short — Final Formal Plat/Binding Site Plan — Minor Amendment — Extension b) SHORELINE MASTER PROGRAM — Substantial Development Permit — Conditional Use Permit—Type II — Conditional Use Permit—Type III — Shoreline Variance — Permit Revision — Shoreline Exemption c) STATE ENVIRONMENTAL POLICY ACT (SEPA) — Checklist — Environmental Impact Statement Review/Adoption $2500 (base) + per lot $150/lot $100/lot $75/lot $630 + $40/lot $945 + 40/lot $630 (no lot fee) $630 (no lot fee) $1300 $850 $1750 $1750 $325 $100 $320 $650+ additional cost of expertise 41 Page Resolution No. 329 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 — Director's Code Interpretation $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 1 P a g e 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) ESTABLISHED 'BASIC' PLAN REVIEW 50% of Plan Review Fee Pursuant to DCD policy e) BUILDING PERMIT FEE FOR REROOF* f) MECHANICAL PERMIT FEES* — Residential — Commercial/ Non -Residential/ Multifamily g) PLUMBING PERMIT FEES* — Residential — Commercial/ Non -Residential/ Multifamily h) Stop Work Fee $100 Refer to Exhibit 2 Valuation and Refer to Exhibit 1 Refer to Exhibit 3 Valuation and Refer to Exhibit 1 100% of permit fee 61 Page Resolution No. 3297 EXHIBIT 1 BUILDING AND OTHER PERMIT FEES TOTAL VALUATION 1 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) 5. For use of outside consultants for plan checking and Actual Costs2 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 Valuation includes fair market value of labor and materials. 2 Actual costs include administrative and overhead costs. 2018 Rates & Fees 7 1 P a g e EXHIBIT 2 MECHANICAL PERMIT FEES Permit Issuance and Heaters For the issuance of each mechanical permit For issuing each supplemental permit for which the original permit has not expired, been canceled or finaled Unit Fee Schedule (Note: The following do not include permit -issuing fee) 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) 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) For the installation or relocation of each floor furnace, including vent For the installation or relocation of each suspended heater, recessed wall heater or floor -mounted unit heater Appliance Vents For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit 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 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) 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) 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) 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) 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) Fee $25.00 $7.25 $14.80 $18.20 $14.80 $14.80 $7.25 $13.70 $14.70 $27.15 $37.20 $55.45 $92.65 81 Page Resolution N o . 3 2 9 7 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 Re -inspection fees assessed under provisions of this chapter shall be as follows (per inspection): Inspections for which no fee is specifically indicated, per hour (minimum charge—one-half hour) 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 Hourly rate per Rate Table C — Miscellaneous Fees Hourly rate per Rate Table C — Miscellaneous Fees Hourly rate per Rate Table C — Miscellaneous Fees 2018 Rates & Fees 9 1 P a g e 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 101 Page Resolution N o . 3 2 9 7 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: 1to5 $5.00 Over 5, each $1.00 13. For each backflow protective device other than atmospheric type vacuum breakers: 2 inch (51 mm) diameter and smaller $7.00 Over 2 inch (51 mm) diameter $15.00 14. For each graywater system $40.00 15. For initial installation and testing for a reclaimed water system $30.001 16. For each annual cross -connection testing of a reclaimed water system (excluding initial test ) $30.001 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 101 Page Resolution N o . 3 2 9 7 EXH I BIT 4 GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less 51 to 100 cubic yards (40 m3 to 76.5 m) 101 to 1,000 cubic yards (77.2 m3 to 764.6 m) 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m) 10,001 100,000 cubic yards (7646.3 m3 to 76,455 m) No fee $23.50 $37.00 $49.25 $49.25 for the first 10,000 cubic yards (7645.5 m), plus $24.50 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 100,001 to 200,000 cubic yards (76,456 m3 to 152,911 m) $269.75 for the first 100,000 cubic yards (76,455 m), plus $13.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 200,001 cubic yards (152,912 m) or more Other Fees: Additional plan review required by changes, additions or $402.25 for the first 200,000 cubic yards (152,911 m), plus $7.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof revisions to approved plans (minimum charge - one-half Hourly rate per Rate Table C - hour) Miscellaneous Fees GRADING PERMIT FEES 50 cubic yards (38.2 m) or less 51 to 100 cubic yards (40 m3 to 76.5 m) 101 to 1,000 cubic yards (77.2 m3 to 764.6 m) $23.50 $37.00 $37.00 for the first 100 cubic yards (76.5 m) plus $17.50 for each additional 100 cubic yards (76.5 m) or fraction thereof 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m) $194.50 for the first 1,000 cubic yards (764.6 m), plus $14.50 for each additional 1,000 cubic yards (764.6 m) or fraction thereof 10,001 to 100,000 cubic yards (7646.3 m3 to 76,455 m3) 100,001 cubic yards (76,456 m) or more $325.00 for the first 10,000 cubic yards (7645.5 m), plus $66.00 for each additional 10,000 cubic yards (7645.5 m) or fraction thereof $919.00 for the first 100,000 cubic yards (76,455 m), plus $36.50 for each additional 10,000 cubic yards (7645.5 m) 2018 Rates & Fees 11 1 P a g e Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge — two hours) 2. Re -inspection fees assessed under provisions of this chapter shall be as follows (per inspection): or fraction thereof Hourly rate per Rate Table C — Miscellaneous Fees Hourly rate per Rate Table C — Miscellaneous Fees 3. Inspections for which no fee is specifically Hourly rate per Rate Table C — Miscellaneous indicated (minimum charge—one-half hour) Fees 1The 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. 121 Page Resolution N o . 3 2 9 7 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 1 P a g e \I \ 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 $9975.00 veh — Ambulance Inspections $9975.00 veh 2. AMBULANCE TRANSPORT FEE a) ALSO -1 $;99 99791.00 b) ALS — 2 $759 99884.00 GALS I TR—°e5+C e.AtS dLcLBLS ResideptsE $799.99 $599 99620.00 e) 91=9 I TR—°e5+C e.AtS d)Mileage $999.99 $44-991L.80/mile e) Itemized EMS Fees (one charge per transport) — ECG $70.00 — IV/10 $50.00 — 02 $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, LONGTERM CARE AND ADULT CARE FACILITIES $100 After first response per quarter 5. HAZARD MATERIALS RESPONSE a) Rice Hull Ash b) Absorbent Pads 6. STAND -BY -TIME a) Per crew of 3 b) Fire Engine — Crew of 4 7. ACTIVE FIREFIGHTING a) Fire Engine b) Aerial Ladder $56 0073.00 Actual Cost per Bag Actual Cost per Bag $98/hour $115/hour Washington Fire Chiefs Published Rate' Washington Fire Chiefs Published Rate' 141 Page ResoIution No. 3297 IWashington Fire Chiefs Association Wage & Equipment Rates for the Washington State Fire Service 2.1�*�r� -9-.8. FIRE WATCH $159:9875.00 hour 49-9. AFTER HOURS INSPECTION 44-10. RUSH PLAN REVIEW plus Standard Fees 4-2--11. OPERATIONAL PERMIT "x$75.00/hr - 2 hr Minimum " 5 00. 00 $100.00 13. FIRE SAFETY OFFICERS $75.00/hr - 2 hr minimum 14. FALSE FIRE ALARM $200.00 2018 Rates & Fees 15 1 P a g e 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 1) All Day Meech, Tuesday $17.00 $99 nn 1) 36 Hole Special (Mon-Thurs) $90.00 m) 36 Hole Special (Fri -Sun) $110.00 Senior Punch Card (Not Sat, Sun or Holiday) (Note: 2) c'� 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 & §3) $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 1) All day Menday Tuesday $25.00 $99. 1) 36 Hole Special (Mon-Thurs) $90.00 m) 36 Hole Special (Fri -Sun) $110.00 Q:41Shotgun Tournament (Not To Exceed 18 Hole Green Fee) $189 8Q120.00 4}101ympic Punch card plus $30.00 &}RLAnnual Pass Single $2,200.00 p}aLAnnual Pass Couple $3,400.00 ff}1Annual Pass Family $3,400.00 161 Page Resolution No. 3297 4siAnnual Pass Junior (Mon-Thurs) 3) 1. Saturday, Sunday or Holiday (May -September Not to Exceed Rate) z. May be used for twilight any day of the week including holidays. �3. Ages 62 & up with household income < $18,000. �4. TABLE G IVY GREEN CEMETERY (Non -Resident Fee = Listed Rate Plus 25%) 1. GRAVE SITES $500.00 a) Adult b) Infant (Not in Infant Sections) c) Infant Section Veteran 44e) Perpetual Care (collected at time of site sale) $',2'481,400.00 $',2'481,400.00 $R4.4 -8Q350.00 $R89 8Q816.00 10% of site fee 2. LINERS (Subject to sales tax) a) Casket Liner $2R6 8Q853.00 b) Cremation Liner $2QC;i 8Q210.00 c) Infant Liner $R4.4 -8Q350.00 d) Oversized Liner $','01,144.00 3. OPENING AND CLOSING a) Casket $209 00816.00 b) Cremation $00293.00 c) Infant $561 d) Veteran $421 00490.00 4. DISINTERNMENT a) Adult $','01,750.00 b) Infant $','01,750.00 c) Urn $275 d) Removal (only) $','01,156.00 5. MARKER SETTING FEES a) Setting Fee 6. GRAVE SIDE SERVICES a) Chairs & Awning 7. MARKERS (Subject to sales tax) a) Markers $2 80250.00 Value based on size and type of marker 2018 Rates & Fees 17 1 P a g e TABLE H KITSAP CONFERENCE CENTER A11 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 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. 181 Page Resolution N o . 3 2 9 7 TABLE I MUNICIPAL COURT 1. ANTI -HARRASSMENT ORDER $73.00 4.--2. HEARING EXAMINER APPEAL $5 73.00 -2--3. TRAFFIC PENALTIES a) Inattention to Driving $136 b) Automated Traffic Safety Camera Violations $136 2018 Rates & Fees 19 1 P a g e 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 X90 Days $20920.00 - 2nd Violation in 49-90 Days $59 8Q60.00 - 3rd or More Violation in -3990 Days $199 00180.00 b) Non -Payment in Collection Devices $25.00 c) Loading Zones $25.00 d) No Parking $49030.00 e) Wrong Way $49830.00 f) Parked on Sidewalk $458830.00 g) Fire Hydrant $450030.00 h) 12" From Curb $25 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 8030.00 1) Expired Tabs $45.00 m) 30 Foot to Stop Sign $450030.00 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 $RQ QQ20.00 201 Page Resolution No. 3297 TABLE K PARKS AND RECREATION Non -Resident Fee — Base Fee plus 25% All Rates Listed Are "Not To Exceed" Fees 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. r of „f Wen or„f; B0;se.,=rt „ dP*PrA:4MAedt;p:4p Af reAtal 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) Lounge11. 11.25 (ii) Room A, B/C, Conference Room 9.25 (iii) Gym $26.75JZ7.25 • Evenings (Monday—Thursday: 5:00 PM to 10:00 PM) (i) Lounge27.25 (ii) Room A, B, Conference Room21.50 (iii) Gym37.75 (iv) Room Package (Lounge & Gym) $69.99 61.25 (v) Entire building — Up to eight (8) hours* $799.99$714.00 • Friday Evening (5:00 PM to 10:00 PM) & Saturday and Sunday (i) Lounge32.50 (ii) Room A, B, Conference Room24.50 (iii) Gym $4 4.99145.00 (iv) Room Package (Lounge & Gym) $72.99 73.50 (v) Entire building — Up to eight (8) hours* - c'�99 736.50 — (Group B) COMMERCIAL—Rental Rates Recreational and/or educational purposes only. Per hour, two (2) hour minimum • Lounge $47.5948.75 • Room A, B, Conference Room $96.99 36.75 • Gym $66.99 67.50 2018 Rates & Fees 21 1 P a g e • Room Package (Lounge & Gym) c,� 110.25 • Entire Building - Up to eight (8) hours* $1,993.99$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 • Card room/Meeting Room c'� 22.50 • Main Room $"� 44.00 • Kitchen c'� 22.50 • Additional staffing per hour $17.00 • Entire Facility up to eight (8) hours c2� 316.00 — (Group B) COMMERCIAL—Rental Rates • Per hour, (two ) 2 hour minimum • Card room/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 30.00 • Blueberry Shelter • Evergreen Shelter 1 • Evergreen Shelter 2 or 3 • Evergreen Shelter 4 (not reservable, first come first served) • Evergreen Shelter 5 or 6 • Evergreen Amphitheatre with Amplified Sound • Kiwanis Park Shelter • Lions Park Shelter 1 • Lions Park Shelter 2 50.00 $74 8876.00 $32 QQ40.00 no charge $48 8842.00 $88188.00 $32 0040.00 $59 8852.00 $32 0040.00 221 Page Resolution N o . 3 2 9 7 r14 S.h el t e.r $29.99 W p pe.r ninn $29.00 • Lent Landing Gaze -he $29.99 • 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 $420045.00 • Blueberry Shelter $74-5975.00 • Evergreen Shelter 1 $1 I9 89114.00 • Evergreen Shelter 2 or 3 $57 0960.00 • Evergreen Shelter 4 (not reservable) no charge • Evergreen Shelter 5 or 6 $68 8963.00 • Evergreen Amphitheatre with Amplified Sound $232 00282.00 • Kiwanis Park Shelter $57 0060.00 • Lions Park Shelter 1 $75-8978.00 • Lions Park Shelter 2 $5-8960.00 • 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 $598 89500.00 — Stage (20' x 24') —Available Memorial Day -Labor Day (per day) $88225.00 e) ATHLETIC FIELD — RESERVATIONS Per hour unless noted — (Group A) NON-COMMERCIAL • Youth Use $15-0016.00 • Adult Use $2-5030.00 — (Group B) COMMERCIAL $53 0054.00 • Game Fees (i) Baseball/Softball $37 7538.50 J.iiLSoccer $55 8059.00 44(iii) Sand Vollevball 530.00 f) BLUEBERRY PARK— P -PATCH ANNUAL RATE Non-commercial gardening only. — Raised Beds $13.00 2018 Rates & Fees 23 1 P a g e — 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 • Men's League Play per team, per game $62.50 • Boy's League Play per team, per game $35 0036.50 • Boy's League (Individual Reg.) per individual $4�-9943.00 — SOFTBALL • Adult League Play per team, per game $44 8945.67 • Adult League — Players fee per player, per game $4-.942.00 *Regional and National Tournaments cost to be negotiated depending on field preparation requirements. 3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS 24113age Resolution No.3297 — TOURNAMENTS (SOFTBALL AND SOCCER) INVITATIONAL TOURNAMENTS c)Lions —One Day $4999416.00 d) Lions —Two Day $659 99663.00 e) Lions—Three Day $266 f) Pendergast — One Day $525 g) Pendergast —Two Day $236 h) Pendergast —Three Day $,^=-x-991,036.00 STATE TOURNAMENTS* i) Lions — One Day $567 j) Lions — Two Day $2499862.00 k) Lions—Three Day $995.991,004.00 1) Pendergast — One Day $499748.00 m) Pendergast —Two Day $925 n) Pendergast—Three Day $','�-991,191.00 *Regional and National Tournaments cost to be negotiated depending on field preparation requirements. 3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS 24113age Resolution No.3297 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. *Based on "Not -to -Exceed" rates [(Total class hours including preparation) x (Instructor's hourly wage) x (1.5 Administration factor)] divided by(minimum # of students per activity)] + (the cost of group supplies divided by minimum # of students) + Cost of individual class supplies, if applicable = Student class fee for City of Bremerton Resident — Activities taught by contracted instruction. *Based on "Not -to -Exceed" rates [(Price per student required by the Instructor less class supply fees) x (1.5 Administration factor)] + Class supply fees = Student class fee for City of Bremerton Resident. — 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 — Senior Citizen — Non -Resident annual membership — Senior Center — City Resident Couples annual membership — Senior Center — Non -Resident Couples annual membership — Senior Center — City Resident Associate annual membership — Senior Center — Non -Resident Associate annual membership c) SENIOR CENTER TRIPS $15-0016.00 $RQ QQ32.00 $2-0023.00 $44-0046.00 $2-0022.00 $42 QQ44.00 Cost plus 25% 2018 Rates & Fees 25 1 P a g e 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 ¢_TunT .TTS n -- i CA# -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. 9-7_TAXICABS a) Taxicab Business Certificate b) Taxicab Driver's Certificate c) Vehicle Decal $30.00/yr $30.00/yr $10.00/veh/yr 261 Page Resolution No. 3297 TABLE M W—GI ME—A-1T REPRODi CTinni «<cPUBLIC RECORD FEES 1. Copy or Print - 414 x 1 91 x 14 and' " x "Letter or Legal paper size (No fee for first 50 pages) $0.15/pg 2. Scan — 81 x 1 41 x' ^ and „ x 1-7—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 P^^5; 5; ha be ^ u F s u a n t o''`^"^ ^' 944 19.00 ,�}b) Fire Incident/Investigation Reports $8.00 4}1Budget — (Hard Copy) $5Q QQ70.00 — (Electronic Version) $10.00 E}�L Annual Report — (Hard Copy) $20035.00 — (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 27 1 P a g e TABLE N PUBLIC WORKS AND UTILITIES DEPARTMENT 1. RIGHT -OF WAY USE PERMITS FEES a) Type A (Short Term Use) Regular (Misc. Construction) $469 8Q164.00 — Dumpster —Individual personal use No Charge — Dumpster — Commercial/Construction $69 9861.50 b) Type B (Disturbance of ROW) — Sidewalk Repairs (2 inspections) No Charge — Driveway, Transverse Street Patch and Spot Patches (2 inspections) $1 69 99164.00 — Frontage Improvements (curb, gutter, sidewalk, illumination, etc.); Longitudinal Street Patch; and Utility Installation $3.23 ft with a $I Ci9 99164.00 minimum — New Street $55.38 ft with a $0599-640.00 minimum — Water & Sewer Mains & Laterals (ROW Permit) (2 inspections) $160.00 — Additional Inspection$09969.00 hour + equipment charges c)Type C (Long Term Use) — Application and Processing — Annual Renewal $55$66.65 $55$66.65 d) Type D Regular (Franchised Utility Routine Maintenance) $199 09102.50 e) Plan Reviews 108.00 minimum 2. ADDITIONAL WORK charges 3. RIGHT-OF-WAY VACATION $5799590.00 $&0.26 foot of improvement with $495 4. BMC 10.24 HOUSEMOVING/OVERSIZE LOADS a mile $6844 1.60 hour + equipment $599615+$b567 mile to .10 of 281 Page Resolution No. 3297 4.5. BANNER FEE INSTALL/REMOVAL $100.00 -5-.6. MEMORIAL SIGN M 6-.7. TRAFFIC CONTROL $71.60/hr + Equip Charges 8. BARRICADE FEE IF NOT RETURNED 30.00/barricade �9. BLOCK PARTY STREET CLOSURE $25.00 2018 Rates & Fees 29 1 P a g e TABLE O TAX & LICENSE 1. REGULATORY LICENSE FEES a) BMC 5.17 Charitable Solicitation 2. BUSINESS LICENSE FEE a) BMC 5.02 $75/yr 301 Page Resolution No. 3297 — 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 301 Page Resolution No. 3297 TABLE P TELECOMMUNICATIONS 1. TOWER LEASE -APPLICATION, RENEWAL AND ASSIGNMENT FEE $599 99513.00 2. CABLE FRANCHISE APPLICATION AND RENEWAL FEE DEPOSIT 1Actual cost will be based on staff time. City may require additional deposit(s) up to $3,500 per deposit if funds are exhausted. 3. MASTER PERMIT -APPLICATION AND RENEWAL FEE DEPOSITS $9,999.995,125.00 2Actual 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. 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W m 0, V W W W O Gi a n W Ul (o W c 0 a 0 0 C 0 0 CD o o N fn Cn •c i Cp n' ro n CE1 0 co=r W � A 3 O O o O y J W V1 tp W L1 m CL to Nci� 'yvy 3 V ai ° O m CSY CA Q u Di �'co m m uD VQ co [7� w -A+ fD fD = 7 4 toW 0 (]0 W 4 0 rh n N W Q7 m V O O o e p r <D C K TI 0 0 0 0 0 LL 4 O O p O O 6 o e p p N � O Ch O 0° O A O ^F CD rn p ti v O N Cti O 1 A CO O a a c a n a 0 m CL N 0 N 00 m _ V) v O mro � = --� c p a- Ta� =�w v_ rn aM -5 m D D 3 ❑ (D n za � ro ? roC7 n m v °4 m m Q)N p a su ro C •a „ c m m dQ ro ro a Qa n 20 Q ro c`n Cr C n ro -� V r+ rW " n C ffD 07 !D 03 7 CZ N -a r�o � '� � D 0 a O F — 3C v 0 �' D cr c nt a _ °' � n Fy 00 v+ rn rn a O "s r► uy Ln M Ln Lq 00 GO a o 0 0 0 0 N o p !n o 0 0 ro g 0Qc0o0 0 CD CD C:) 7 V V V V M V lD m L r W r p LA p 0 GA -a 0 T 20 0 0 0 pop .Z7 F -L V W 0 4 0 N Ln Ln p Ln p V p w x .Ln Q O O 0 0 O 0 Ca 0 O p O m K O v o g m 0 N o 00 007 p 0 0 FA 0�� Lnm(In w� C] �������� 0 3 3 3 3 3 In ro m a N Q o� a 0 m CL N 0 N 00 m mro = c M a- =�w aM -5 3 m z za ai w �3 0 •a „ c n o' Qa M 20 Q 6 5. c`n Cr C n l V 0_ " n C ffD PES rD C F — 3C v �' D cr c nt a _ °' � n Fy 00 v+ rn rn a rn uy Ln M Ln Lq 00 GO a o 0 0 0 0 N n 0000oo0 CD V V V V V M V lD n r W r p In p 0 GA 0 0 0 0 0 pop m Cc oo w m .r W -4 Ln r 0 y A A 0 0 0 v o g •rlwpOW 0 N o 00 007 p 0 FA 0�� Lnm(In w� �������� a 3 3 3 3 3 m a 0 m CL N 0 N 00 m AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5340 amending and re-establishing Utility Assessments, Rates, Fees, and Charges for 2018 Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: 7C November 8, 2017 November 15, 2017 Financial Services/PW D. Pitts & C. Martin (360) 473-5296 SUMMARY: Ordinance to amend and re-establish the 2018 Utility Assessments, Rates, Fees and Charges. ATTACHMENTS: 1) Ordinance No. 5340 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: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda o General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5340 amending and re-establishing the 2018 Assessments, Rates, Fees, and Charges for Water, Wastewater, Stormwater, and other related services. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5340 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 ("Rates and Fees") 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]. 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 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. 2017 Rate and Fee Tables - Adopted Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 GENERAL FACILITY CHARGES Water based on meter size average normal flow 5/8" x 3/4" 1" 1" Commercial 1 1/2" Commercial 2" Commercial 3" Commercial 4" Commercial Greater than 4" Wastewater based on meter size average normal flow 5/8" x 3/4" 1" 1" Commercial 1 1/2" Commercial 2" Commercial 3" Commercial 4" Commercial Greater than 4" Stormwater (per IHSU) 2017 2018 Inside/Outside City Limits $ 4,^� 449.59 $ 5,880.00 $ 4,458 $ 5,880.00 $ 6,094.5-9 $ 8,056.00 $ �5'5g 6? $ 47,040.00 40,004.4 $ $ �5'5g 6? $ 47,040.00 123,534.00 $ 99,96 $ 117,600.00 $ 177'w 235,200.00 $ 2,9moo $ Case by Case basis ,393 $ $ 5,''�1 $ 6,863.00 $ 5,''�1 $ 6,863.00 $ 7,096.4g $ 8,510.00 40,004.4 $ 48,041.00 40,004.4 $ 48,041.00 102,969.4 $ 123,534.00 gnc�9 $ 247,068.00 Case by Case basis $ 2,443 ( $ 3,157.00 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" $ 2,7z --r10.0 $ 2,778.00 4,065 ( $ 4,167.00 1" $ 2,9moo $ 2,995.00 ,393 $ 4,493.00 1 1/2 6,190.08 $ 6,345.00 $ 9,2g5 ( $ 9,517.00 2" $ 7,0W.08 $ 7,178.00 $ I9,585-( $ 10,768.00 3" - 4" x 4" - Service to property line '�Oo $ 13,364.00 $ 19,55 $ 20,046.00 3" - 4" x 6" - Service to property line ''�99 $ 13,546.00 $ 19'g2 $ 20,320.00 3" - 4" x 8" - Service to property line ' �,5�6.Oo $ 13,874.00 $ 28,385-00 $ 20,813.00 3" - 4" x 10" - Service to property line 15�-225.0o $ 15,606.00 22'g $ $ 23,409.00 3" - 4" x 12" - Service to property line 1' 3,�0 $ 13,611.00$19,91 o 20,417.00 4" - 4" x 4" - Service to property line 14,412.0o $ 14,772.00 21,61 22,159.00 1of10 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 Greater than 12" Wet Tapping (Water Main Only)* 4" x 4" - excluding excavation & backfill $ ��o $ 2017 2018 4,728.00 4" x 6" - excluding excavation & backfill $ �,''�o $ 3,334.00 S Inside/Outside City Limits 4" x 8" - excluding excavation & backfill $ ��o $ 4" - 4" x 6" - Service to property line S' 4,zrrir0 $ 14,956.00 $ 21,4-� 00 22,433.00 4" - 4" x 8" - Service to property line S' ^�Oo $ 15,285.00 $ 22,36? $ 22,926.00 4" - 4" x 10" - Service to property line S' 6�Oo $ 17,014.00 $ 24,99 25,521.00 4" - 4" x 12" - Service to property line S 46,605.08 $ 17,020.00 $ 24,90 $ 25,529.00 6" - 6" x 6" - Service to property line S 17,476.0 $ 17,913.00 $ 26,21 $ 26,869.00 6" - 6" x 8" - Service to property line S 17am,-797.0o $ 18,242.00 $ 26,69 � $ 27,362.00 6" - 6" x 10" - Service to property line S' 9,495.0 $ 19,972.00 $ 29;22 $ 29,958.00 6" - 6" x 12" - Service to property line S' 9,495.0 $ 19,972.00 $ 29,22 $ 29,958.00 8" - 8" x 8" - Service to property line S 2 ,150.0o $ 23,729.00 $ 34, 725-( $ 35,593.00 8" - 8" x 10" - Service to property line S''^�Oo $ 25,532.00 $37,36 $ 38,297.00 8" - 8" x 12" - Service to property line S''^�Oo $ 25,532.00 $ 37,36 $ 38,297.00 10" - 10" x 10" - Service to property line S 29,z o-Tir0 $ 29,020.00 $ 12,46ocvv 43,530.00 10" - 10" x 12" - Service to property line S 29,zo-oir0 $ 29,531.00 $ 43,21 $ 44,296.00 Greater than 12" Wet Tapping (Water Main Only)* 4" x 4" - excluding excavation & backfill $ ��o $ 3,152.00 S 4,6P ( $ 4,728.00 4" x 6" - excluding excavation & backfill $ �,''�o $ 3,334.00 S 4,9'', 9 $ 5,001.00 4" x 8" - excluding excavation & backfill $ ��o $ 3,663.00 $ 5,360 $ 5,494.00 4" x 10" - excluding excavation & backfill $ 5,''�o $ 5,394.00 $ 7,gw $ 8,090.00 4" x 12" - excluding excavation & backfill $ 5,''�o $ 5,399.00 $ 7,900 $ 8,098.00 6" x 6" - excluding excavation & backfill $ �,^� 495.0 $ 3,572.00 $ 5,226 $ 5,357.00 6" x 8" - excluding excavation & backfill $ X08 $ 3,900.00 $ 5a07o $ 5,850.00 6" x 10" - excluding excavation & backfill $ 5,^�o $ 5,631.00 $ 9,240o $ 8,446.00 6" x 12" - excluding excavation & backfill $ 5,^�o $ 5,631.00 $ 9,240o $ 8,446.00 8" x 8" - excluding excavation & backfill $ 4,^� 451.0 $ 4,562.00 $ 6,675-0o $ 6,842.00 8" x 10" - excluding excavation & backfill $ 6,''�o $ 6,366.00 $ 9,� 16 $ 9,549.00 8" x 12" - excluding excavation & backfill $ 6�8 $ 6,488.00 $ 9,495-00 $ 9,732.00 10" x 10" - excluding excavation & backfill $ 7,977.08 $ 7,254.00 $ 10,614 $ 10,879.00 10" x 12" - excluding excavation & backfill $ 7moo $ 7,736.00 $ 11,321 $ 11,604.00 12" x 12" - excluding excavation & backfill $ 7,457.0 $ 7,643.00 $ 11,196 $ 11,466.00 2" - service to property line $ 3,�nv $ 3,878.00 $ 5,674 $ 5,816.00 4" x 4" - service to property line $ 9,°a �o $ 9,217.00 $ 13,497 $ 13,824.00 4" x 6" - service to property line $ 9,'moo $ 9,400.00 13,756 $ 14,100.00 4" x 8" - service to property line $ 9,491.0 $ 9,728.00 $14,237 $ 14,593.00 4" x 10" - service to property line S"�0 $ 11,458.00 16,76 $ 17,187.00 4" x 12" - service to property line S "�Oo $ 11,464.00 $ 16,''77 o0 17,195.00 6" x 6" - service to property line $ 9,061.0 $ 9,288.00 $ 13,592.0 $ 13,932.00 6" x 8" - service to property line $ 9moo $ 9,617.00 $ 14,072 $ 14,424.00 6" x 10" - service to property line S"�Oo $ 11,348.00 S 16,60 $ 17,021.00 6" x 12" - service to property line S11,071.0 $ 11,348.00 S16,,60Fi08 $ 17,021.00 8" x 8" - service to property line S 40,399.98 $ 10,648.00 $ 15,58 $ 15,971.00 8" x 10" - service to property line S' 2,Tz,149.0 $ 12,452.00 $ 1g,22 $ 18,678.00 8" x 12" - service to property line S 1''�Oo $ 12,451.00 $ 1g,22 $ 18,676.00 10" x 10" - service to property line S' 3,�0 $ 14,014.00 $ 20,58 $ 21,021.00 10" x 12" - service to property line S' ^�Oo $ 14,524.00 $ 24255-08 $ 21,786.00 12" x 12" - service to property line S' 5�Oo $ 15,454.00 $ 22,61 $ 23,180.00 2of10 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 2017 2018 Inside/Outside City Limits Fire Hydrant Installation* 6" x 8" and smaller - service to property line "�0 $ 12,024.00 6"x 10" - service to property line ' �,420.0 $ 13,756.00 6"x 12" - service to property line ! �,420.0 $ 13,756.00 PLAN CHECKANSPECTION FEES $ 17,59 $ 18,037.00 $ 20,1 8 $ 20,633.00 $ 20,1 8 $ 20,633.00 Engineering Services** Plan Check Fees Main Extensions: per foot $ 939 $ 0.31 $ X44 $ 0.45 BUT not less than $ 249.00 $ 255.00 X 74.08 $ 383.00 (Includes hydrants and appurtenances and connection to water system) Pump Stations $ 626.00 $ 642.00 939.00 $ 962.00 Fireline Extension $ i00.00 $ 103.00 X 50.09 $ 154.00 Irrigation Systems $ i00.00 $ 103.00 X59-09 $ 154.00 Miscellaneous (per hour) plus equipment $ 84.00 $ 88.00 X 24.-08 $ 127.00 Storm Drainage Plan Review Fees *** Preliminary Drainage Plans Residential Development $ 397.00 $ 397.00 N/A N/A Non -Residential Development $ 269.00 $ 275.00 N/A N/A Plus per IHSU $ 11.65 $ 11.94 Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots $ 41.93 $ 42.98 N/A N/A 21 - 50 Lots $ 351 $ 31.05 N/A N/A 51 - 100 Lots $ 26.98 $ 27.47 N/A N/A 100+ Lots $ 23.35 $ 23.88 N/A N/A Minimum Charge $ 297.08 $ 304.00 N/A N/A Non -Residential Development per IHSU $ 23.35 $ 23.88 N/A N/A Minimum Charge $ 356.-00 $ 365.00 N/A N/A Resubmittal Fees First Resubmittal No Charge No Charge N/A N/A Subsequent Resubmittal $ 297.08 $ 304.00 N/A N/A Field Inspection Fees Water main extensions (per foot) $ $ 1.35 $ $ 2.03 but not less than: $ 97.00 $ 499.00 73 i.00 $ 749.00 Pump Station $ 642.00 $ 658.00 963.00 $ 987.00 Miscellaneous (per hour) $ 83.08 $ 85.00 X 24.-08 $ 127.00 Wastewater Connection Fees Lateral Connection at P/L $ 93.00 $ 85.00 X 24.00 $ 127.00 3 of 10 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 Lateral Connection at Main Conveyance Facility Ext. (Per Foot) but not less than: Pump Station Miscellaneous (per hour) Storm Drainage Inspection Fees *** Residential Development (per lot) Non -Residential Development (per IHSU) Minimum Charge Conveyance Facility Extensions (per foot) Minimum Charge Unscheduled Inspections"" (per site visit) MISCELLANEOUS FEES AND CHARGES Office Services New Account (includes water turn -on) Account Maintenance Past Due Notice ACH Credit Lien Recovery Charge Close Account/Meter Read/Water Service Turn- off Utility/Lien Search Fee (Manual) per parcel Park Reservation Fee (non-refundable) Park Reservation Refundable Deposit Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch Concrete Patch Asphalt Trench Concrete Trench County Road Permit Water Meter Installation 3/4" & 1" 1-1/2" & 2" 3" and greater Water Meter Reactivation- Snowbirds 2017 2018 Inside/Outside City Limits 5.00 $ 14.-00 $ 322.00 $4 $ 1.78 $ X00 $ 388.00 $ 6r 0.00 $ 646.00 $ 83-99 $ 85.00 127.00 $ 17.49 $ 17.92 $ 17.49 $ 17.92 $ i79.00 $ 183.00 $ $ 0.95 $ 356..00 $ 365.00 $ 83-00 $ 85.00 $ 20.00 $ $ 21.00 $ X99 $ 5.00 $ X99 $ 3.00 $ 1,6J2.0 $ 3,323.00 $ i02.00 $ 105.00 29-99 $ 21.00 $ 4 i.00 $ 32.00 $ i02.00 $ 125.00 $ 709.00 $ 864.00 $ 1,274.0 $ 1,384.00 $ 1,615.0 $ 2,284.00 $ 1,6J2.0 $ 3,323.00 N/A N/A $ 448-00 $ 152.00 $ 229.00 $ 235.00 Actual Time & Materials $ 5 i.00 $ 52.00 S 472.00 $ 484.00 $8 $ 2.66 569.00 $ 582.00 945.00 $ 969.00 X 24.08 $ 127.00 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 29-99 $ 21.00 $ 1,911.00 $ 5.00 $ 2,423 ( $ 3.00 $ 2,44790 $ 5,109.00 i02.00 $ 105.00 29-99 $ 21.00 X4 i.00 $ 32.00 i02.00 $ 125.00 $ 1,06 -.0 $ 1,328.00 $ 1,911.00 $ 2,128.00 $ 2,423 ( $ 3,512.00 $ 2,44790 $ 5,109.00 Cost Cost � i 58-00 152.00 �229.00 235.00 Actual Time & Materials $ 34.09 52.00 Water Meter Tampering Tampering Fee $ 255.09 $ 261.00 255.00 261.00 Tampering Repair Actual Time & Materials ual Time & Matei 4of10 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 2017 2018 Inside/Outside City Limits Fire Service - Detector, Meter & MXU $ 470.00 $ 482.00 Storz Adapter $ 242.00 $ 248.00 Water Service Turn-off/Turn-on (Customer Request) Regular Hours After Hours Delinquency Notice Water Service Turn-off/Turn-on (Delinquent Accounts) Regular Hours After Hours Flow and Pressure Test (Uncertified) 3/4" & 1" meters only 1-1/2" & 2" meters only Larger than 2" Meter Test Fee (based on meter size) 3/4" & 1" 1-1/2" & 2" 3" or greater Utility Plant Locates Regular Hours After Hours Emergency Utility Compliance Specialist Inspection Administration Fee Utility Labor Rate Hourly (Eqp not included) $ 41.00 $ $ 45.00 $ 96.-00 $ 191.00 $ 20.00 $ 21.00 61.00 $ 65.00 $ 866.00 $ 191.00 $ 83-00 $ 85.00 $ 400 $ 155.00 Actual Time & Materials $ 966.00 $ 191.00 $ 53.00 $ 259.00 �470.00 482.00 242.00 248.00 X44.00 $ 45.00 186.00 $ 191.00 20.00 $ 21.00 61.00 $ 65.00 186.00 $ 191.00 � 93.00 $ 85.00 �i 5 i.00 $ 155.00 Actual Time & Materials 86..00 $ 191.00 254.00 $ 259.00 N/C N/C N/C N/C $ 4966.-00 $ 191.00 96.-00 $ 191.00 N/C N/C N/C N/C $ 8�.00 $ 85.00 83-00 $ 85.00 $ X00 $ 36.00 X5.00 $ 36.00 $ 67.00 $ 69.00 $ 6700 $ 69.00 5 of 10 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 2017 2018 Inside/Outside City Limits RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Meter Size 5/8 x 3/4 inches $ 42.94 13.55 19.26 $ 20.32 1 inch $ 44.E 15.49 22.03 $ 23.24 1 1/2 inch $ 20.97 22.02 3 i.3 I $ 33.03 2 inch $ 29.04 29.58 42.06 $ 44.37 3 inch $ 53.20 56.13 79.98 $ 84.19 4 inch $99.96 104.30�' ^� $ 156.45 6 inch $ zc� 370.84 527.27 $ 556.27 8 inch $ 1,294.04 1,354.63 $ 1,9260 $ 2,031.95 10 inch $ 4,�v 4,831.37 $ 6�69.23 $ 7,247.04 12 inch 17,215.g 18,162.67 25,923.7 27,244.00 Residential Commodity Charge (per HCF) Per HCF/Month $ i2 2.34 $ 3.51 Non - Residential Commodity Charge (per HCF) $ x.W 2.11 $ 98 3.17 Fire Protection - Monthly Service Charge Service Size 1 inch $ 26.65 28.12 39.97 42.17 1 1/2 inch $ 40.11 42.32 60.17 63.48 2 inch $ 5245 55.02 79.23 82.53 3 inch 57.46 60.62 96.21 90.95 4 inch $ 62.64 66.09 93.95 99.12 6 inch $ 7948 82.48 i i 7.27 123.72 8 inch $ 494.09 109.81 156.13 164.72 10 inch $ 445.66 153.67 219.49 230.51 12 inch 209.09 219.53 3Q43 329.30 Commodity Charge (per HCF) $ 4-42 4.24 $ 6.35 - 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" $ 12.94 13.55 19.26 20.32 Base Charge (per account) 1" $14.69 15.49 22.03 23.24 Commodity Charge 0 - 5 HCF/Month No Charge No Charge Over 5 HCF/Month $ i2 2.34 $ 3.51 Temporary/Construction Meter 1" Meter Deposit $ 300.08 316.50 300.00 316.50 Base Fee (per month) $14.69 15.49 22.03 23.24 6 of 10 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 2017 2018 Inside/Outside City Limits Set Up Fee & Removal Fee 296.00 312.28 Hydrant meter (3" Meter) Deposit 2,988:88 2,110.00 Base Fee (per month) 5�.28 56.13 Set Up Fee 296.00 312.28 Equipment Loss/Damage Actual Time & Materials Commodity Charge (per HCF) x-98 2.11 City Parks and Recreation Dept. - Irrigation Commodity Charge (per HCF) Gold Mountain Golf Course Complex - Irrigation Commodity Charge (per HCF) RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Single Family Base Charge (per account) Commodity Charge (per HCF) Duplex on 1 Meter or 2 Bldgs. on 1 Meter Base Charge (per unit) Commodity Charge (per HCF) Multi - Family Base Charge (per unit) Commodity Charge (per HCF) Low -Income Senior and Low -Income Disabled Citizen Base Charge (per account) Commodity Charge (per HCF) 0 - 5 HCF/Month Over 5 HCF/Month Commercial I Base Charge (per account) Commodity Charge (per HCF) Commercial II Base Charge (per account) Commodity Charge (per HCF) Commercial III Base Charge (per account) Commodity Charge (per HCF) 4-98 1.06 $ 4-.6 1.43 $ 296.88 312.28 $ 2,088 98 2,110.00 �79.98 84.19 �296.88 312.28 Actual Time & Materials x-88 3.17 $ 34.24 35.10 $ 91.36 $ qQ 4.71 $ 6.99 $ 2 27.79 $ 4969 $ qQ 4.71 $ 6.99 $ 2 27.79 $ 4969 $ 59 4.71 $ 6.99 $ 2 21.77 $ 32.26 No Charge No Charge $ r�� 4.71 $ 6.99 $ �8 51.88 $ 79.93 $ n g 4.85 $ 740 $ 9� 52.26 $ 76. 9 $ 46, 9g 6.21 $ 9 $ 51.49 52.78 77.24 $ 7-.48 7.59 X48 7 of 10 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 2017 2018 Inside/Outside City Limits Commercial IV Base Charge (per account) 5 i.99 53.29 X7.99 79.94 Commodity Charge (per HCF)-8--74 8.96 i4.iI 13.44 Commercial V Base Charge (per account) 749 58.62 85.80 87.95 Commodity Charge (per HCF) -iO.93 11.20 X 6.40 16.81 Commercial VI Base Charge (per account) 62.91 64.48 94.37 96.73 Commodity Charge (per HCF) 13.66 14.00 20.49 21.00 Commercial VII Base Charge (per account) 69.20 70.930 106.40 Commodity Charge (per HCF) i5.95 16.35 23.W 24.53 Commercial Special Base Charge (per account) 76.12 78.028 117.03 Commodity Charge (per HCF) 2i.35 21.88 42.00 32.80 Beverage Production Base Charge (per account) $ 51.49 52.78 77.24 79.17 Commodity Charge (per HCF) 4-8-t 4.93 7.39 Commercial Fountains - Separately Metered Base Charge (per account) $ 50:61 51.88 75.93 77.83 Commodity Charge (per HCF) 4-.-5-6 1.60 $ X34 2.40 Septage Disposal (per gallon of tank capacity) $ & 0.26 $ 0.39 Leachate Per Gallon of Tank Capacity Individual Residential Grinder Pumps Grinder Pump Surcharge $ 4i.03 11.31 S 16.55 16.97 Low -Income Senior and Low -Income Disabled Grinder Pump Surcharge $ 8.49 $1?42 12.73 RETAIL STORMWATER RATES Monthly Service Charge Residential I (Single Family/Duplex) Base Charge (per account) i3.73 14.90 N/A N/A Exception: Duplex with 2 Meters (per account) 0 7.49 N/A N/A Residential II - SW Impact Fee (per IHSU) 50% of the Res I Base Charge 7.45 N/A N/A 8 of 10 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 2017 2018 Inside/Outside City Limits Residential III - SW Impact Fee (per IHSU) -100% of the Res I Base Charge 14.90 Commercial I N/A Base Charge (per IHSU) 14.90 Commercial II - SW Impact Fee (per IHSU) 50% of the Comm I Base Charge 7.45 Commercial III - SW Impact Fee (per IHSU) 100% of the Comm I Base Charge 14.90 Public School Districts (per account) 14.90 Low -Income Senior and Low -Income Disabled Citizen Base Charge (per account) Multi - Family & Commercial Rate Adjustment Water Quality (per IHSU) Water Quantity (per IHSU) S 9.07 9of10 4 1.65 3 4.98 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2018 2017 2018 Inside/Outside City Limits Stormwater Penalty New Multi - Family & Commercial development without on-site detention Charge (per IHSU)4:-04 3.30 N/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.) 10 of 10 C) . . . �CDm IVNCVN)N)N) @�,�' 00 000000 �Qn 00 '.1 CY) U1 .p W vvvvv�v ° 0 C C C C C C 0 CD CD CD [D CD CD p D �U Sv 4� fl3 fl] iU n n o CD CD CQ (C) CII CD m CD m CD CD crcrcrcrcrcr 0° mcD 33333 3c- CD 5n. 000000 CL o3 C� ,4.v ������ =r����� — N o CD `ma cro �r 0- cr cr cr 3cr �h CD tq��� c rMOL C4 00 00 -4 C3) [') CD cn cD W (D OC) -A,-, CD .. IV 11 L., N C o Oo CD --h X to C CflN00Nww in n .-� CD ---%. * CD ...-,� e■■h 0~0 Cn (p .p 1 C 3M -a "N c(nn. CD CD CD. CD �r ... vi m CD( NN)N)N)NN Ico--Cp 000000 (C)0- ����� CD CD no-40*)CJI-I�-CA) m�r�omCD(DD C) c CDS c C� c� c� c� c� -� 0 (0 �v zr0-0-cr0-zr p ch Cl) 0 corn cs� -- F 3Q.CD 3 3 � � 3 3 on 000aoo CDS a �r-q- SCD =r :T r-f- =r #--I- =r r-l- =r r� =T n CD rn 0-0-rr0-0-cr� ��� 0- CD ert CD �� �� � � („ cc ov 00 -4 0') CF) v CD rn --IjcDw(Doo-1 C ,.I N ov C)o CD � 0 X <PSI CD N 00 N Ov 00 cn -GS 00 CD rMOL Civ m CD m Ul © C 3 CD CQ CD c CD CD Q 0 CD u ❑ t n ro ED❑ �.-F ro 0 Ln ro nr .-i ro o* (D ro n ODm a � w m � o M ro ai C ro ,, V h3 promo N V N w V N M.A V N doc00c)oao N a) N F+ m N al N ooc N LM N N 0 N N Ln N no N A N N A N F -a A N N W N W N �y W w w V O 00 Un W QO Ul O O O o 'IQ R In W 00 wo 000 IR0 N90 N lJ f t -h C) t. w N Fy 90 w �D 0 0 0 c� o o, z a `®`pp o q� t ❑O W p O Ul ❑1 ``0p Q d p_ 0 CD C O O fu LA CL O O ;o p e n v� CJ 3 m Q [D C) O G) 0 a) ■ a 0 3 0 0 e-rf- CD Un 0 C CD S r M • X • 0 �T r 0 N` 0 pq 2017/2018 RATE COMPARISON FOR CITIES NEAR BREMERTON CITY OF BREMERTON WATER FLAT USAGE INC HCF COST 15 HCF TOTAL CITY OF PORT ORCHARD WATER FLAT USAGE INC 2017 RATES $ 25.68 0 $ 2.22 $ 33.30 $ 58.98 eff 1/1/17 BI -MONTHLY SEWER FLAT $ 85.80 eff 1/1/18 SEWER FLAT eff 1/1/18 #4 HIGHEST STORM $ 7.28 $ 68.48 0 $ 4.59 $ 68.85 $ 137.33 eff 1/1/17 $ 137.00 STORMWATER #2 HIGHEST STORMWATER $ 123.14 bi-monthly $ 246.28 $ 30.67 eff 1/1/18 $ 27.46 monthly $ 125.25 $ 27.46 eff 1/1/17 monthly monthly $ 111.89 bi-monthly $ 223.77 CITY OF BREMERTON WATER FLAT USAGE INC HCF COST 15 HCF TOTAL 2018 RATES $ 27.30 0 $ 2.34 $ 35.10 $ 62.40 eff 1/1/18 BI -MONTHLY SEWER FLAT $ 70.20 0 $ 4.71 $ 70.65 $ 140.85 eff 1/1/18 LOWEST STORMWATER $ 29.80 $ 29.80 eff 1/1/18 monthly $ 116.53 bi-monthly $ 233.05 CITY OF GIG HARBOR WATER FLAT USAGE INC 15 HCF = HCF COST ADDITIONAL NEXT 18 HCF BI -MONTHLY $ 37.38 0 CITY OF PORT ORCHARD WATER FLAT USAGE INC IN GAL X5000 6 HCF TOTAL $ 25.24 $ 46.78 BI -MONTHLY $ 67.50 0-5000 11220 $ 3.05 $ 18.30 $ 85.80 eff 1/1/18 SEWER FLAT eff 1/1/18 #4 HIGHEST STORM $ 7.28 $ 109.20 $ 194.58 $ 137.00 $ 27.86 $ 137.00 eff 1/1/18 #2 HIGHEST STORMWATER $ 123.14 bi-monthly $ 246.28 $ 30.67 eff 1/1/18 $ 28.00 monthly $ 125.25 $ 28.00 6/1/2015 monthly $ 125.40 bi-monthly $ 250.80 CITY OF GIG HARBOR WATER FLAT USAGE INC PER HCF 15 HCF 6-12 HCF NEXT 18 HCF BI -MONTHLY $ 37.38 0 $ 2.44 $ 36.60 $ 73.98 eff 1/1/18 SEWER $ 25.24 $ 46.78 SEWER $ 75.14 0 $ 4.62 $ 69.30 $ 144.44 eff 1/1/18 #4 HIGHEST STORM $ 7.28 $ 109.20 $ 194.58 $ 27.86 $ 27.86 eff 1/1/18 monthly $ 123.14 bi-monthly $ 246.28 CITY OF POULSBO WATER FLAT USAGE INC PER HCF 15 HCF 6-12 HCF NEXT 18 HCF BI -MONTHLY $ 30.12 0 $ 2.11 $ 31.67 $ 61.79 eff 1/1/18 SEWER $ 25.24 $ 46.78 SEWER $ 101.39 400 $ 6.65 $ 73.19 $ 174.59 eff 1/1/18 HIGHEST RA TES STORMWATER $ 7.28 $ 109.20 $ 194.58 $ 35.00 $ 35.00 eff 1/1/18 monthly $ 135.69 bi-monthly $ 271.37 CITY OF BAINBRIDGE WATER FLAT USAGE INC 0-5 HCF 6-12 HCF NEXT 18 HCF 15 HCF BI -MONTHLY $ 21.54 0 $ 1.09 $ 1.76 $ 2.49 $ 25.24 $ 46.78 SEWER #3 HIGHEST $ 85.38 0 $ 7.28 $ 109.20 $ 194.58 STORMWATER On tax statement 112018 $ 30.67 $ 30.67 eff 1/1/18 monthly $ 125.25 bi-monthly $ 250.49 RATED HIGHEST TO LOWEST Lori Smith From: Lori Smith on behalf of City Council Sent: Tuesday, November 7, 2017 9:59 AM To: City Council Subject: FW: November 7 Study Session - Low Income & Disabled Utility Rates Attn: Council Members (FYI) From: Milenka Hawkins -Bates Sent: Tuesday, November 7, 2017 9:56 AM To: City Council cCity.Council@ci.bremerton.wa.us> Cc: DeWayne Pitts <DeWayne.Pitts@ci.bre merton.wa.us>; Patty Lent Patty.Lent@ci.bremerton.wa.us>; Mike Riley Mike.Riley@ci.bremerton.wa.us>; Caroline Tompson Caroline.Tompson@ci.bremerton.wa.us>; Ann Finnegan <Ann.Finnegan@ci.bremerton.wa.us>; Chal Martin <Chal.Martin @ci.bremerton.wa.us> Subject: Low Income and Disabled Utility Rates Council, Ann Finnegan the Utility Billing Supervisor will be at the Study Session on Wednesday night. She will be able to inform and answer questions on the Low Income/Disabled Utility Rate program that is currently in place. Milenka Milenka Hawkins -Bates City of Bremerton, Public Works & Utilities Operations / Administrative Manager (360) 4735333 1 (360) 473-2330 Milenka.hawkins-bates ci.bremerton.wa.us Working far and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! City of Bremerton Low Income Program Qualifications Kitsap Community Resources qualifies low income customers based on the following criteria for their energy assistance program for winter heating (LIHEAP. PSE and 'W'EAF) and uses the LIHEAP income chart for City of Bremerton utility assistance: Household Size and Income Chart (KCR USES THESE GUIDELINES) Eligible for LIHEAP Family Size Monthly Income* 1 $1,256 2 $1,692 3 $2,127 4 $2,563 5 $2,998 6 $3,433 7 $3,869 8 $4,304 Eligible for Cascade Natural Gas (WEAF) 1 Family Size Monthly Income* 1 $1,508 2 $2,030 3 $2,553 4 $3,075 5 $3,598 6 $4,120 7 $4,643 8 $5,165 Eligible for PSE HELP (C'iCv of Brenierion I)isahilav Income leveo Family Size Monthly Income* 1 $1,508 2 $2,030 3 $2,553 4 $3,075 5 $3,471 6 $3,729 7 $3,988 8 $4,304 TO QUALIFY FOR THE CITY OF BREMERTON UTILITY DISCOUNT - Utility Account must be in the name of the applicant and they must live there. The utility rate for customers within City limits that have water, sewer and stormwater is currently $84.88 per 2 month billing (vs $189.72 w savings of $104.84 for a 10 HCF/billing j. For this rate, 1,000 cf (10 HCF) of usage is allowed for water/sewer. Any usage above the allowed is billed at the current retail commodity rate for water/sewer. Disability and Senior customers are qualified by City staff. The low-income customer is qualified by KCR and the customer account is charged $15.00 when the voucher is brought to the Billing office. Annual renewals are required for all programs. Proof of income and Identification is required. The Disability Low Income levels are the same as PSE income levels. Disability may be legal blindness, a disability qualifying for handicapped parking privileges or a disabled, handicapped or incapacitated person as defined under any other existing state or federal program. Currently 89 customers are on this discount. The Senior low income level is age 62 and household income of $30,000 or less. Income level is based an the lowest income as defined in RCW 84.36.381.5(b)(ii). This is what Kitsap County also uses for their combined disposable income. Currently 192 customers ore on this discount. The Low-income customer that is not disabled or a senior citizen needs to get qualified by KCR without an appointment if they meet the LIHEAP income levels. Currently 99 customers are on this discount. As of 11/7/17 there are 380 customers on these discount programs. Average usage is approximately 7 HCF per billing AGENDA BILL CITY OF BREMERTON D CITY COUNCIL 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 City's roadways and sidewalks in support of the City's Pavement Management Program. Data collected from these assessments will be used to inform and assist in the prioritization of improvements for both the City's ADA Transition Plan, along with maintenance, preservation and capital improvements for residential, collector and arterial streets. This data is necessary to quantify necessary work along with maintaining the City's eligibility for preservations grants going forward. As 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: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 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 The City of Bremerton ("City") and IMS Infrastructure Management Services, LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L 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 IKA 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. Consultant's charges and 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 City's employees and other Consultants. None of the benefits provided by the City to its 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 City'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 City's sole negligence, 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 Consultant's 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. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. 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 obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th 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 the specific purpose intended will be at City's sole risk. 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 3456 th 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. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 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 Party's sending notice to the non-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 its: its: Date: Date: Approved as to form: Bremerton City Attorney R:\Legal\Legal\Contracts\FORMS\Professional Services Agreement Form (2016).doc Attest: City Clerk Bremerton/IMS Infrastructure Management Services, LLC Pavement and Sidewalk Condition Assessment_ Rev 02-16 Page 7 of 7 Quotation for Professional Services To: John Butler, P.E., Civil Engineer From: Jim Tourek, Manager of Client Services Subject: 2018 Pavement & Sidewalk Data Collection Exhibit A - Scope of Work Im IMS Infrastructure Management Services 1820 W. Drake Dr. Ste. 104. Tempe, AZ 85283 Phone: (480) 839-4347 Fax: (480) 839-4348 www.ims-rst.com Date: October 30, 2017 Project: Bremerton, WA Project No: TBD Thank you for selecting IMS for your network wide pavement and sidewalk data 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 sidewalk condition 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 report complete 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 of Work IMS Proposed Schedule: Project Initiation Project Award, P.O. & NTP NOMAD Prep of Sidewalks Network Referencing/Streets Project Kick Off v j Field Surveys "' 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 Rev] Quote - Bremerton (2017-I8) page 1 Quotation for IMS Professional Services 18IMS20 Phoe:n(Drake 480) Dr. Ste. 104. Tempe, AZ 839-4347 Fax: (480) 839-4348 8523 I frastructure Management Services www.ims-rst.com Exhibit C — Fee Schedule Bremerton, WA: 2017-18 Base Scope of Services Task Activitv Project Initiation Units Unit Rate Total 1 Project Initiation & Kickoff Meeting 1 LS $3,000.00 $3,000.00 2 Streets Network Referencing & GIS Linkage (No State Routes) 190 T -Mi $20.00 $3,800.00 LS Field Surveys $2,500.00 a. Deflection Testing: 2 -pass Arterials & Collectors only 94 T -Mi 3 Sidewalk -Surface Tester (SST) Mobilization for Sidewalks & Ramps Presence 1 LS $3,000.00 $3,000.00 $5,568.00 a. SST Network Sidewalk Survey w/Ramp Presence & NOMAD (wistate Routes) 210 T -Mi $215.00 $45,150.00 a. Sign & Support Database Development b. Collection of Sidewalk Digital Images @ 10-15' Intervals (Perview) 210 T -Mi $20.00 $4,200.00 4 RST Mobilization/Calibration 1 LS $3,000.00 $3,000.00 5 RST Field Data Collection (2 -pass test Arterials & Collectors; no State Rte.) 190 T -Mi $105.00 $19,950.00 $15.00 Data Management 17 GPR Testing & Analysis: 2 -pass Arterials & Collectors only 94 T -Mi $580.00 6 Data QA/QC, Processing, & Formatting 190 T -Mi $25.00 $4,750.00 7 Data Format/ Supply Excel Spreadsheet, KML, geodatabase (no software) DA Included in Base Activities $4,000.00 20 Final Council Presentation a. "Live" Spreadsheet Pavement Cost Benefit Analysis LS Included in Base Activities $3,500.00 21 Nighttime Retro -reflectivity - All Signs (Must select 12 & 12a) "39k Signs" b. Online "Live" Spreadsheet Training T -Mi Included in Base Activities $36,860.00 22 GIS Clean Up Services C. Log Presence of Sidewalks/Curbs & ADA Ramps (Estimates) HR Included in Base Activities $4,200.00 8 Sidewalk & ADA Ramps Databases Development 210 T -Mi $65.00 $13,650.00 9 Easy Street Analysis, Budget Development & Report 1 LS $7,500.00 $7,500.00 10 Project Management 1 LS $7,995.00 $7,995.00 11 "Live" Spreadsheet - Annual Maintenance Fee 1 LS $0.00 $0.00 12 Directed Services, at City's Discretion with City Authorization 1 LS $5,000.00 $5,000.00 IMS Infrastructure Management Services, LLC 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 Task Activity Quant Units Unit Rate Total 13 Collection of Digital Images @ 25' Intervals (Per View; Center -Front shown) 190 T -Mi $16.00 $3,040.00 14 Dynaflect Mobilization 1 LS $2,500.00 $2,500.00 a. Deflection Testing: 2 -pass Arterials & Collectors only 94 T -Mi $160.00 $15,040.00 b. Traffic Control/Deflection Testing (city to provide; IMS Est. 48 Hrs.) 48 HR $116.00 $5,568.00 15 ROW Assets: HD Video Collection & Calibration (3 -views) 190 T -Mi $20.00 $3,800.00 a. Sign & Support Database Development 190 T -Mi $100.00 $19,000.00 b. Pavement Striping/Marking Database Development 190 T -Mi $60.00 $11,400.00 c. Curb & Gutter Database Development 190 T -Mi $50.00 $9,500.00 16 Collection of GPS, Crossfall, Radius of Curvature, & Grade 190 T -Mi $15.00 $2,850.00 17 GPR Testing & Analysis: 2 -pass Arterials & Collectors only 94 T -Mi $580.00 $54,520.00 18 IMSvue Browser Based Viewing Software:City hosted 1 LS $7,000.00 $7,000.00 19 Principles of Pavement Management Training (on site) 1 DA $4,000.00 $4,000.00 20 Final Council Presentation 1 LS $3,500.00 $3,500.00 21 Nighttime Retro -reflectivity - All Signs (Must select 12 & 12a) "39k Signs" 190 T -Mi $194.00 $36,860.00 22 GIS Clean Up Services 24 HR $175.00 $4,200.00 23 Additional or Specialty Maps for Reporting (beyondtypica12 sets of7) 1 EA $150.00 $150.00 24 Additional Onsite Meetings 1 EA $3,500.00 $3,500.00 25 Additional Hard Copies of the Report (Requested 3Included) 1 EA $175.00 $175.00 26 Functional Class Review 190 T -MI $12.00 $2,280.00 Jim Tourek West Region Client Services Manager IMS Infrastructure Management Services, LLC IMS Infrastructure Management Services IMS Scoping Rev] Quote -Bremerton (2017-18) page 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7E SUBJECT: Local Agency 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 City's cost is $10,000. 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: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 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 Amk Washington State Transportation Building To Department of Transportation 310 Maple Park Avenue S. E. P.O. Box 47300 Olympia, WA 98504-7300 June 21, 2017 360-705-7000 TTY. 1-800-833-6388 Mr. Chal Martin www.wsdot.wa.gov Public Works Director City of Bremerton �f' 100 Oyster Bay Avenue N Bremerton, Washington 98312 t Kitsap Lake Elementary SRTS 2017 Safe Routes to School Program Federal Funding Dear Mr. Martin: WSDOT is pleased to advise you that the above mentioned project was selected to receive funding through the Safe Routes to School program. The federal funding is limited as shown below: Kitsap Lake Elementary SRTS Scope: See enclosed project summary $1,754,348 In order to meet state requirements, the following are required: ■ Project expenditures incurred before receiving notice from Local Programs of fund authorization are not eligible for reimbursement. ■ Please refer to the Local Programs web page for detailed authorization information, including: (http://www.wsdot.wa.gov/localprop-rams/ ✓ Local Agency Guidelines (LAG) manual for detailed requirements; ✓ Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP) amendments, as applicable; ✓ Funding and billing forms; ✓ Quarterly Project Report required to be completed by the end of March, June, September and December each year. To access the database you will need an account name and password. Your account name is Bremerton and your password is Breme898. The password is case sensitive. As a reminder, Local Programs encourages all agencies to submit monthly progress billings to ensure timely reimbursement of eligible expenditures. For assistance please contact Neal Campbell, your Region Local Programs Engineer, at 360.357.2666. AStephan RECEIVED Tax Interim Director JUN 2 6 2017 Local Programs PUBLIC WORKS & SJT:sas UTILITIES DEPARTMENT cc: Charlie Howard, Transportation Director, PSRC Neal Campbell, Olympic Region Local Programs Engineer, MS 47440 Project Summary Program: Safe Routes to School Date: June 2017 Agency: City of Bremerton Project Title: Kitsap Lake Elementary SRTS Project Description: The project includes sidewalk, curb, gutter, ADA curb ramps, crosswalk, illumination, rectangular rapid flashing beacons, raised crosswalk, school speed zone flashing beacons, signing, and storm water drainage Detailed Project Description: 1. Construct 10 ft wide sidewalk, curb, and gutter on the west side of Harlow Or from Kitsap Way to the existing 5 ft sidewalk near the intersection of Harlow Or and Lyle Ave; 2. Construct 6 ft wide sidewalk on the east side of Harlow Or from Lyle Ave across the frontage of Kitsap Lake Elementary to the south limits of the school property; 3. Install rectangular rapid flashing beacons, crosswalk markings and raised crosswalk at Carr Blvd/Harlow Or and Harlow Dr/Lyle Ave; 4. Install streetlights - 2 at Carr Blvd/Harlow Dr, 2 at Harlow Dr/Lyle Ave, and 2 on Harlow Or between Francis Or and Lakehurst Or NW; 5. Install ADA compliant curb ramps at intersections of Harlow Dr/Francis Dr, Harlow Dr/Eastlake Dr, Lyle Ave/school driveway and 4 on the Kitsap Lake Elementary School grounds. 6. Install crosswalk markings at 2 pedestrian crossings on the Kitsap Lake Elementary School grounds; 7. Install 6 ft wide sidewalk connecting from existing sidewalk on the school grounds to Carr Blvd on the south side of campus and Lyle Ave on the north side; 8. Install school speed zone signs on Harlow Dr/Osprey Circle and on Harlow Or about 300 ft north of the school crosswalk near Lyle Ave. Project Schedule: Begin PE 2/18 4/18 1 NEPA/SEPA Kick Off Environmental Documents Approved 7/18 Right -of -Way Started 2/18 Right of Way Complete (certification) 9/18 5/18 Geometric/30% Design Complete Estimated Contract Ad 2/19 Estimated Contract Award Date 4/19 Open to Public (operationally complete) 9/19 Project Cost and Award Amount: Phase Total Project Cost Amount Requested Amount Awarded Preliminary Engineering $392,140 $392,140 _ $392,140 Right -of -Way $20,000 $10,000 $10,000 Construction $1,352,208 $1,352,208 $1,352,208 Education/Encouragement $0 $0 $0 Total $1,764,348 $1,754,348 i $1,754,348 Page 1 of 2 If you agree to the project summary described above, please sign below and return to Charlotte Claybrooke, clavbrcj ws(jot,wa.gov. Approving Authority Name (Print): Approving Authority Signature: ,. Date: a i7 Page 2 of 2 Q (a Pga O O U Cn O U) O O ry O C� U) O C� J CL m U) Aft Washington State To Department of Transportation Agency Address Local Agency Agreement CFDA No. 20.205 (Catalog or Federal Domestic Assistance) 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 proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount 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 Name Termini Description of Work Project Agreement End Date Proposed Advertisement Date Length Claiming Indirect Cost Rate Yes No Agency Official By Title DOT Form 140-039 Revised 05/2015 Washington State Department of Transportation By Director, Local Programs Date Executed Page 1 Estimate of Fundin (1) (2) (3) Type of Work Estimated Total Estimated Agency Estimated Federal Project Funds Funds Funds PE a. A enc 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 .Other Federal Aid h. Other Participation Ratio for RW i. State . Total R/W Cost Estimate f+ +h+i Construction k. Contract (.Other m. Other Federal Aid n. Other Participation o. A enc Ratio for CN p. State q. Total CN Cost Estimate k+l+m+n+o+ r. Total Pro'ect Cost Estimate e++ Agency Official By Title DOT Form 140-039 Revised 05/2015 Washington State Department of Transportation By Director, Local Programs Date Executed Page 1 Construction Method of Financing (Check Method Selected) State Ad and Award Method A - Advance Payment - Agency Share of total construction cost (based on contract award) Method B - Withhold from gas tax the Agency's share of total construction coast (line 5, column 2) in the amount of $ at $ per month for months. Local Force or Local Ad and Award Method C -Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on , , Resolution/Ordinance No. Provisions I. Scope of Work 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 services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as 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. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees 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 awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. 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 Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor's Office, the U.S. Department of 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 three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency's project becoming inactive, as described in 23 CFR 630, and subject to de -obligation of federal aid funds and/or agreement closure. If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). DOT Fbrm 140-039 Page 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, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A — The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. 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. Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 -Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program -specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. DOT Form 140-039 Page 3 Revised 05/2015 IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to 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. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with 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 practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local 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. The Agency also agrees: (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. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039 Page 4 Revised 05/2015 XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary is notified by the Federal Highway Administration that the project is inactive. (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. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XVII. Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). Additional Provisions DOT Form 140-039 Page 5 Revised 05/2015 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3298 Declaring an Emergency to stabilize the East Park Storm Water Outfall 7F Study Session Date: Emergency Item COUNCIL MEETING Date: November 15, 2017 Department: PW&U Presenter: Ned Lever Phone: (360) 473-2398 SUMMARY: The East Park Outfall reconstruction project was completed in September of 2017. The work included removing beach armoring and placement of beach gravels to restore the beach. Recent rains have caused significant erosion which is jeopardizing an existing sewer main and the storm water outfall itself. Public Works has applied for emergency permits from the Army Corps of Engineers, WDFW, and the DNR. This Resolution declares the emergency conditions, and authorizes the Mayor and the Mayor's designee to execute the necessary contracts to expedite the stabilization of the beach and protect the sewer main and storm water outfall. ATTACHMENTS: 1) Resolution No. 3298 2) Photos FISCAL IMPACTS (Include Budgeted Amount): The East Park Storm Water Outfall Project is included in the 2017 Capital Budget and sufficient budget is available to fund this emergency work. Future reimbursement of costs associated with continuing work at this outfall will be considered. STUDY SESSION AGENDA: ❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3298 declaring an Emergency to stabilize the East Park Storm Water Outfall. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 3298 A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring an emergency at the East Park storm water outfall, waiving any competitive bidding requirements, and authorizing necessary contracts to address the emergency. WHEREAS, excessive erosion has occurred on the beach below the newly constructed East Park storm water outfall which is jeopardizing an existing sewer beach main and the storm water outfall itself, WHEREAS, said erosion could result in the loss of the sewer main and the storm water outfall if immediate action is not taken; WHEREAS, environmental permits are being expedited by the Corps of Engineers, the Washington Department of Fish and Wildlife, and the Department of Natural Resources to allow for the stabilization of the beach below the outfall; WHEREAS, RCW 39.04.280(1)(e) authorizes municipalities to waive competitive bidding requirements for public works "in the event of an emergency"; WHEREAS, an emergency is defined at RCW 39.04.280(3) as unforeseen circumstances beyond the control of the municipality that will likely result in a material loss or damage to property if immediate action is not taken; WHEREAS, the City Council may grant the Mayor and the Mayor's designee the authority to enter into emergency public works contracts, and waive any competitive bidding requirements; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The findings above are incorporated as if fully set forth herein. SECTION 2. The excessive erosion at the East Park storm water outfall is an emergency as defined by state statute, and any or all competitive bidding requirements under state law are waived. SECTION 3. The Mayor and the Mayor's designee are authorized to enter into the necessary public works contracts to address the emergency at the East Park storm water outfall in an amount not to exceed $200,000 for all contracts. Page 1 of 2 Resolution East Park Storm Water Outfall Rev. 05/2017 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 immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of November, 2017. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney ERIC YOUNGER, Council President ATTEST: SHANNON CORIN, City Clerk R:\Legal\Legal\Resolutions\Public Works\Outfall Resolution.doc Page 2 of 2 Resolution East Park Storm Water Outfall Rev. 05/2017 m Woo" All, 'Ilk4k 1164 el '44 4t . •� �"�?�fi,;'��� �r`��)���1ri`� 7f Ali 1'°�� ji��r "�} � , �dL�o esti �'. p` )r• � A'z, - � ° t „t .N yam. �. ^d a [ • �xS �, ��� �'r �s �(�+11 it - ��, � � l ).i�eJL�A,,� 4 'd 3 / IM — a S til. �>��t' i aL�� _ 7 ��lY` � � gyp,. ��1�1'�✓ ��.�•; C etr . . 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