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Home My WebLink About08/07/2019 AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 * * * 2nd A M E N D E D * * * AUGUST 07, 2019 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 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. SWEARING-IN CEREMONY – Bremerton Fire Department 4. MAYOR'S REPORT 5. PUBLIC RECOGNITION 6. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting – July 17, 2019 C. Minutes of Study Session – July 24, 2019 D. Ordinance No. 5372 providing for the Issuance and Sale of Limited Tax General Obligation Refunding Bonds; and delegating authority to approve Final Terms of the Bonds E. Renewal of Agreements with West Publishing Corporation for Westlaw Research Subscriptions F. Washington State Recreation & Conservation Office (RCO) Funding Board Project Agreement for the Warren Avenue Playfield Renovation Project G. Professional Services Agreement with Parametrix, Inc. for Design and Construction Support Services for the Oyster Bay Beach Sewer Upgrades Project H. Acceptance of the Pedestrian & Bicycle Safety Program State Funding Grant; and approval of the WSDOT Local Agency Agreement for the Naval Avenue (1st to 15th Street) Pedestrian & Bicycle Enhancement Project 7. GENERAL BUSINESS A. Ordinance No. 5373 creating new Chapter 5.14 of the Bremerton Municipal Code entitled “Massage Businesses”; and amending Ordinance No. 5357 “City of Bremerton Rates & Fees Item pulled… B. Resolution No. 3318 authorizing Intent to Impose a Sales and Use Tax for Affordable and Supportive Housing in accordance with Substitute House Bill 1406 C. Ordinance No. 5374 amending Chapter 15.03 BMC entitled “Wastewater” 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. MAYOR’S REPORT August 7, 2019 Federal Funding Opportunity The Office of Economic Adjustment (OEA) is the DOD organization whose mission is to coordinate with Local Government on Military Impacts (BRAC, Growth Issues, Land Use, “Resiliency”, etc.) OEA programs are currently limited to developing planning studies, and project development through design Grant program announced Monday to “Develop Compatible Use Strategies.” 90-Percent Grant, 10-percent non-Federal match We’ve anticipated this announcement, and through recent Federal lobbying have coordinated to position the City’s request as a priority Naval Base Kitsap-Bremerton Commuter Master Plan “Comprehensive Commuter Workforce Master Plan” that identifies specific strategies and projects: •Comprehensive plan for the City to seek funding to build commuter improvements including sidewalks, bike facilities, street improvements, commuter rail, parking and other strategies •Unique Grant Opportunity, not available through State programs •Likely request is $750K+/-, 18-month delivery July Permit Statistics 2014 2015 2016 2017 2018 2019 This year is on track to be Department of Community Development’s biggest year in permit activity. Permits Approved by Year, 2003-2019 *Includes Olympic College Instructional Center construction valued at 36.3 Million **Permits through July 31, 2019 2019 permits in “pending” status have a total valuation of more than $67 million. Ongoing Email Updates from Kitsap Conference Center Vision Open House Tuesday, August 13 5-7 PM Sheridan Park Community Center 680 Lebo Boulevard Bremerton, WA 98310 Please RSVP Allison.Satter@ci.bremerton.wa.us 360-473-5845 Learn more at: BremertonWA.gov/EastsideCenter Congratulations to the Bremerton Hurricanes for their top results in the National Roller Hockey Championships this year in Spokane! 12U (12 years and younger) 1st Place Bremerton Hurricanes 14U 3rd Place Bremerton Hurricanes 16U 3rd Place Bremerton Hurricanes World Class National Champions 1st Place Bremerton Hurricanes Welcome Japanese Exchange Students Bremerton’s Sister City –Kure, Japan AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: August 7, 2019 Department: Legal Services Presenter: Angela Woods Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 385336 through 385677 and Electronic Fund Transfers V20077 through V20156 in the grand total amount of $2,806,363.18 2. Regular Payroll for pay period ending July 15, 2019 in the amount of $865,764.44 3. Regular Payroll for pay period ending July 31, 2019 in the amount of $907,315.11 4. Retiree Payroll for the pay period ending July 31, 2019 in the amount of $69,779.75 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – July 17, 2019 Study Session Date: N/A COUNCIL MEETING Date: August 7, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Council Meeting held on Wednesday, July 17, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the July 17, 2019 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 6B DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, July 17, 2019 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, July 17, 2019, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council Vice-President Leslie Daugs presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, and Pat Sullivan. Council President Eric Younger and Council Member Kevin Gorman were absent. Also present were City Attorney Roger Lubovich; City Clerk Angela Woods; Legislative Office Manager Lori Smith; and Information Services Manager Dave Sorensen. 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 Pastor Pat Longstroth of the Bremerton United Methodist Church. MAYOR’S REPORT Mayor Wheeler…  Encouraged interested persons to contact Sherryl Hawes of the Bremerton Housing Authority at (360) 616-7121 to check on their income eligibility to see if they qualify for the Bremerton Rental Assistance Program or for more information;  Announced the City’s partnership with Community Frameworks to provide a Down Payment Assistance Program;  Brought forward Police Chief James Burchett and Police Officer Mitchell Chapman to provide a briefing on the new “BPD Safe Place” program that will launch tomorrow in partnership with Bremerton businesses and schools;  Introduced Public Works & Utilities Director Thomas Knuckey to discuss the highlights of the proposed Warren Avenue Bridge Improvement Project;  Was pleased that the City was partnering with Kitsap Public Health to test the City’s sewer system near Kitsap Lake to assess if the City sewer system is working correctly; and  Announced that the first Permanent Speed Feedback Sign was installed on Lebo Boulevard. PUBLIC RECOGNITION Anna Mockler thanked the City Council, Mayor and Parks Director for correcting the safety issues at Haddon Park. CONSENT AGENDA 5A – Claims & Check Register: Check Numbers 385154 through 385335, and EFT-V20017 through EFT-V20074 in the amount of $2,681,423.39; and Regular Payroll (Pay Outs and Missed Overtime) for the pay period ending June 30, 2019 in the amount of $2,762.16 5B – Minutes of Meeting – July 3, 2019 5C – Minutes of Special Meeting & Study Session – July 10, 2019 5D – Confirm Appointment of Beverly Kincaid to the Civil Service Commission 5E – Purchase Agreement with Trebron Company, Inc. to Upgrade the SOPHOS Firewall and Renew the License 5F – Interlocal Agreement with Mason County and Port of Bremerton for Design Oversight of the Puget Sound Industrial Center – Bremerton to Belfair Sewer Connection Project City Council Reg. Mtg. Minutes Wednesday, July 17, 2019 Page 2 of 3 5G – Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with SCJ Alliance, Inc. for Design of Kitsap Way (SR310) & Warren Avenue (SR303) Traffic Signal and Multimodal Safety Project 5H – Resolution No. 3319 placing the Continuation of the Emergency Medical Care & Service Tax Levy for a Six (6) year period on the November 5, 2019 General Election Ballot There were no questions or comments from the public… 05:58:40 M/S/C/U (Sullivan/Wheat) Move to approve the CONSENT AGENDA as presented. PUBLIC HEARING 6A – PUBLIC HEARING AND RESOLUTION NO. 3320 ADOPTING THE 2020 – 2025 SIX- YEAR TRANSPORTATION IMPROVEMENT PLAN (TIP): Managing Engineer Shane Weber explained that the Six-Year Transportation Improvement Plan (TIP) is prepared pursuant to RCW 35.77.010. The TIP is updated annually and filed with the Secretary of Transportation, Local Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities. The TIP has been prepared for City Council approval by Resolution prior to submittal to the Washington State Department of Transportation. This TIP is consistent with Bremerton’s Comprehensive and Non-Motorized Transportation Plans, and Street CIP. Vice-President Daugs opened the public hearing… With no further comments received, Vice-President Daugs closed the Hearing to the public; and opened for discussion with the Council… There were no comments from the public… 06:03:20 Motion was made by Goodnow; and seconded by Wheat… Comments and questions were provided by Goodnow, Wheat, Sullivan, and Huddy; with responses provided by Mr. Weber… 06:16:55 M/S/C/U (Goodnow/Wheat) Move to approve Resolution No. 3320, which approves the City of Bremerton’s 2020 – 2025 Six-Year Transportation Improvement Plan; and allow the Mayor to forward the Resolution and Plan to the Washington State Department of Transportation, Local Programs Office. COUNCIL MEMBER REPORTS Richard Huddy referring to the TIP he commented how expensive projects are; used the intersection of Park Avenue & 5th Street and in front of the Saint Vincent De Paul on Callow Avenue to point out the danger caused when parking is allowed too close to crosswalks; discussed the embarrassment of the weeds growing out of control on median between Burwell and Highway 3 coming into the City; was pleased to learn Waste Management would be offering special pricing for certain religion and non-profit customers; and recognized the 50th Anniversary of the Apollo 11 Lunar Landing would be this week on July 20. Michael Goodnow announced that volunteers are welcome for the next Forest Ridge Park on Saturday, July 20 from 9:00 AM to 12:00 PM; and looked forward to several events in celebration of Pride Week including “Pride in the Park” also on Saturday beginning at 11:00 AM at Evergreen Rotary Park. And announced Rock the Dock. City Council Reg. Mtg. Minutes Wednesday, July 17, 2019 Page 3 of 3 Lori Wheat welcomed the Kitsap Community Co-Op grocery store downtown; looked forward to Kitsap Pride in the Park events; thanked the Bremerton Police Department for initiating the LGTBQ Safe Place Program; encouraged attendance at the Police & Community Together (P.A.C.T.) Meeting on Tuesday, July 23 at 5:30 PM at the Marvin Williams Center; and mentioned that donuts would be available to volunteers at the next Kiwanis Park Work Party on Saturday, July 27 from 9:00 to 11:00 AM. Pat Sullivan announced the Lodging Tax Advisory Committee will be accepting grant proposals until 5:00 PM on Friday, August 9; an Open House is planned for Monday, July 22 from 4:00 to 6:00 PM in the Meeting Chambers to address general questions on the application process; and shared that Albers Vista Gardens was hosting a workshop on July 27 and open all summer for special tours and workshops. Leslie Daugs shared the schedule for the Bremerton School District’s Summer Food Service Program available through August 16; announced on behalf of Council Member Kevin Gorman that his next District 3 Community Meeting would be held on Thursday, July 18 at 6:30 PM in the Meeting Chambers featuring the Police Department’s Bike Team and an update on Council Goals; announced the Music in Manette Concert Series will be every Thursday through August 22 from 6:30 to 8:30 PM at the Whitey Domstad Vista Park; and there will be a SR303 Corridor Study Open House on Tuesday, August 6 from 4:00 to 7:00 PM in the East Bremerton Community Gym at 3050 Wheaton Way. She also wished Council staff Christine Grenier and fellow Council Member Michael Goodnow a happy birthday this week. Vice-President Daugs announced that Council would recess for a 15-Minute Executive Session to discuss a Real Estate Transaction as allowed under RCW 42.30.110 (1) (b). With no further business, Vice-President Daugs adjourned the Council Meeting at 6:38 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 7th day of August, 2019. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ ANGELA WOODS, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – July 24, 2019 Study Session Date: N/A COUNCIL MEETING Date: August 7, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on Wednesday, July 24, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the July 24, 2019 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 6C DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, July 24, 2019 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 6th Street, Bremerton, Washington, Wednesday, July 24, 2019, at 5:00 PM, with Council Vice-President Leslie Daugs presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, and Pat Sullivan. Council President Eric Younger was absent. Lori Smith, Legislative Office Manager, was present to provide staff support. Vice-President Daugs emphasized that the Study Session is open to the public, and except for Items B1 and D, there will be no opportunities for input or participation; no action is anticipated; and the content of these items is subject to change. If approved by the Council, the items will be placed on the August 7, 2019 City Council Meeting Agenda… A. INFORMATION BRIEFING Introduction & Briefing by Jeff Alevy, Executive Director for Kitsap Community Resources B. BRIEFINGS ON AGENDA ITEMS 1. CONTRACT WITH SOUND EXCAVATION, INC. FOR THE DEMOLITION OF STRUCTURES AT 1317 N. LAFAYETTE AVENUE; AND RELATED BUDGET AMENDMENT: Code Enforcement Officer Janet Lunceford explained that the City obtained a court order to clean up the property located at 1317 N. Lafayette Avenue. The City solicited bids to demolish the structures at this site. The requested action is to approve the contract with Sound Excavation, Inc. which was the lowest responsive bidder. There were no questions or comments from the public… 05:18:00 Motion was made by Huddy; and seconded by Goodnow… Comments and questions were provided by Sullivan and Huddy, with responses provided by Ms. Lunceford… 05:21:00 M/S/C/U (Huddy/Goodnow) Move to approve the contract with Sound Excavation, Inc. in the amount of $26,160.00 for demolition of structures at 1317 N. Lafayette Avenue; and amend the Abatement Fund Professional Services budget expenditure authority by the same amount. 2. Resolution No. 3318 authorizing Intent to Impose a Sales & Use Tax for Affordable and Supportive Housing in accordance with Substitute House Bill 1406 General Business 3. Ordinance providing for the Issuance and Sale of Limited Tax General Obligation Refunding Bonds; and delegating authority to approve Final Terms of the Bonds Consent Agenda 4. Renewal of Agreements with West Publishing Corporation for Westlaw Research Subscriptions Consent Agenda 5. Ordinance creating new Chapter 5.14 of the Bremerton Municipal Code entitled “Massage Businesses”; and amending Ordinance No. 5357 “City of Bremerton 2019 Rates and Fees” Consent Agenda 6. Washington State Recreation & Conservation Office (RCO) Funding Board Project Agreement for the Warren Avenue Playfield Renovation Project Consent Agenda 7. Ordinance amending Chapter 15.03 of the Bremerton Municipal Code entitled “Wastewater” General Business 8. Professional Services Agreement with Parametrix, Inc. for Design and Construction Support Services for the Oyster Bay Beach Sewer Upgrades Project Consent Agenda City Council S Study Session Minutes Wednesday, July 24, 2019 Page 2 of 2 9. Acceptance of the Pedestrian & Bicycle Safety Program State Funding Grant and Approval of the WSDOT Local Agency Enhancement Agreement for the Naval Avenue (1st to 15th Street) Pedestrian & Bicycle Enhancement Project Consent Agenda 10. Discussion of Affordable Housing Initiatives; and Determination of City Council’s Code Amendment Priorities – Senior Planner Allison Satter, Department of Community Development Information Only C. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (07/16/19 Meeting) – Chair Kevin Gorman o Lodging Tax Advisory Committee Briefing (07/22/19 Open House) – Chair Pat Sullivan o Finance, Investment, & Parking Committee Briefing (07/23/19 Meeting) – Vice Chair Kevin Gorman o General Council Business was briefly discussed. D. EXECUTIVE SESSION At 6:55 PM Vice-President Daugs announced a 15-minute Executive Session to discuss Pending Litigation as allowed under RCW 42.30.110 (1) (1); following a 5-minute extension, the Executive Session concluded at 7:15 PM… There were no questions or comments from the public… 07:15:00 M/S/F (Huddy/Gorman) Move to authorize the removal of trees.at 1317 N. Lafayette; and obtain any necessary court order. Voted in favor of Motion: Huddy, Gorman Voted opposed to Motion: Wheat, Goodnow, Sullivan, Daugs Motion failed: 2-Yes; and 4-No Vice-President Daugs provided a reminder that there will not be a Council Meeting on Wednesday, July 31, 2019; and that the next City Council Meeting is scheduled for Wednesday, August 7, 2019. With no further business, the meeting was adjourned at 7:20 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 7th day of August, 2019. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Angela Woods, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5372 providing for the issuance and sale of Limited Tax General Obligation Refunding Bonds; and delegating authority to approve final Terms of the Bonds Study Session Date: July 24, 2019 COUNCIL MEETING Date: August 7, 2019 Department: Financial Services Presenter: Michael Riley Phone: (360) 473-5303 SUMMARY: Periodically the City reviews it outstanding Bonds to determine if feasible any debt refinancing would be favorable to the City. During the review process, it was determined the 2010 limited tax general obligation (LTGO) Babs series I and II were positioned for a refunding. The attached ordinance delegates to the Mayor or Director of Financial Services the ability to set the date and rates for the final sale of the bonds. The ordinance set the parameters under which this can occur. By doing this, the City can react to changing market conditions quickly without being tied to a date certain based on Council meeting schedules. ATTACHMENTS: Ordinance No. 5372 FISCAL IMPACTS (Include Budgeted Amount) Minimum net present value savings of 4.00% of the Refunded Bonds. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. 5372 of the City of Bremerton, Washington, providing for the issuance and sale of not to exceed $7M aggregate principal amount of limited tax general obligation refunding bonds; and delegating authority to the Mayor or Director of Financial Services to approve final terms of the bonds. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/18 6D 53396104.2 CITY OF BREMERTON, WASHINGTON ORDINANCE NO. 5372 AN ORDINANCE of the City of Bremerton, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $7,000,000 aggregate principal amount of limited tax general obligation refunding bonds to provide funds to refund certain outstanding limited tax general obligation bonds of the City and to pay the costs of issuance of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. Passed August 7, 2019 This document prepared by: Foster Pepper PLLC 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 -i- 53396104.2 TABLE OF CONTENTS* Page Section 1. Definitions............................................................................................................... 1 Section 2. Findings and Determinations .................................................................................. 5 Section 3. Authorization of Bonds ........................................................................................... 6 Section 4. Description of Bonds; Appointment of Designated Representative ....................... 6 Section 5. Bond Registrar; Registration and Transfer of Bonds .............................................. 7 Section 6. Form and Execution of Bonds ................................................................................ 8 Section 7. Payment of Bonds ................................................................................................... 9 Section 8. Bond Account ......................................................................................................... 9 Section 9. Redemption Provisions and Purchase of Bonds ..................................................... 9 Section 10. Failure To Pay Bonds............................................................................................ 10 Section 11. Pledge of Taxes ..................................................................................................... 10 Section 12. Tax Covenants ...................................................................................................... 11 Section 13. Refunding or Defeasance of the Bonds ................................................................ 12 Section 14. Refunding of the Refunded Bonds ........................................................................ 12 Section 15. Call for Redemption of the Refunded Bonds ........................................................ 14 Section 16. Findings with Respect to Refunding ..................................................................... 14 Section 17. Sale and Delivery of the Bonds ............................................................................ 15 Section 18. Official Statement ................................................................................................. 15 Section 19. Undertaking to Provide Continuing Disclosure .................................................... 15 Section 20. Supplemental and Amendatory Ordinances.......................................................... 18 Section 21. General Authorization and Ratification ................................................................ 18 Section 22. Severability ........................................................................................................... 18 Section 23. Effective Date of Ordinance ................................................................................. 19 *The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. - 1 - 53396104.2 CITY OF BREMERTON, WASHINGTON ORDINANCE NO. 5372 AN ORDINANCE of the City of Bremerton, Washington, relating to contracting indebtedness; providing for the issuance, sale and delivery of not to exceed $7,000,000 aggregate principal amount of limited tax general obligation refunding bonds to provide funds to refund certain outstanding limited tax general obligation bonds of the City and to pay the costs of issuance of the bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) “Acquired Obligations” means those United States Treasury Certificates of Indebtedness, Notes, and Bonds--State and Local Government Series and other direct, noncallable obligations of the United States of America purchased to accomplish the refunding of the Refunded Bonds as authorized by this ordinance. (b) “Authorized Denomination” means $5,000 or any integral multiple thereof within a maturity of a Series. (c) “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial interest in that Bond. (d) “Bond” means each bond issued pursuant to and for the purposes provided in this ordinance. (e) “Bond Counsel” means the firm of Foster Pepper PLLC, its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (f) “Bond Account” means the account or subaccount known as the Limited Tax General Obligation Refunding Bond Account, 2019, of the City created for the payment of the principal of and interest on the Bonds. (g) “Bond Purchase Agreement” means an offer to purchase a Series of the Bonds, setting forth certain terms and conditions of the issuance, sale and delivery of those Bonds, which offer is authorized to be accepted by the Designated Representative on behalf of the City, if consistent with this ordinance. - 2 - 53396104.2 (h) “Bond Register” means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of each Bond. (i) “Bond Registrar” means the Fiscal Agent, or any successor bond registrar selected by the City for any Series of Bonds. (j) “City” means the City of Bremerton, Washington, a municipal corporation duly organized and existing under the laws of the State. (k) “City Council” means the legislative authority of the City, as duly and regularly constituted from time to time. (l) “Code” means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (m) “DTC” means The Depository Trust Company, New York, New York, or its nominee. (n) “Designated Representative” means the officer of the City appointed in Section 4 of this ordinance to serve as the City’s designated representative in accordance with RCW 39.46.040(2). (o) “Final Terms” means the terms and conditions for the sale of a Series of the Bonds including the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants, including minimum savings for refunding bonds (if the refunding bonds are issued for savings purposes). (p) “Fiscal Agent” means the fiscal agent of the State, as the same may be designated by the State from time to time. (q) “Government Obligations” has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (r) “Issue Date” means, with respect to a Bond, the date of initial issuance and delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond. (s) “Letter of Representations” means the Blanket Issuer Letter of Representations between the City and DTC, dated November 19, 1997, as it may be amended from time to time, and any successor or substitute letter relating to the operational procedures of the Securities Depository. (t) “MSRB” means the Municipal Securities Rulemaking Board. (u) “Official Statement” means an offering document, disclosure document, private placement memorandum or substantially similar disclosure document provided to purchasers and potential purchasers in connection with the initial offering of a Series of the Bonds in conformance with Rule 15c2-12 or other applicable regulations of the SEC. - 3 - 53396104.2 (v) “Owner” means, without distinction, the Registered Owner and the Beneficial Owner. (w) “Purchaser” means D.A. Davidson & Co. of Seattle, Washington, or other corporation, firm, association, partnership, trust, bank, financial institution or other legal entity or group of entities selected by the Designated Representative to serve as purchaser of any Series of the Bonds. (x) “Rating Agency” means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. (y) “Record Date” means the Bond Registrar’s close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar’s close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9. (z) “Refunded Bonds” means all or a portion of the Refunding Candidates selected by the Designated Representative to be refunded with proceeds of a Series of the Bonds and included in a Refunding Plan. (aa) “Refunding Candidates” means the 2010 Refunding Candidates and the 2010B Refunding Candidates. (bb) “Refunding Plan” means: (1) the placement of sufficient proceeds of a Series of the Bonds which, with other money of the City, if necessary, will be deposited with the Refunding Trustee or may be used to acquire the Acquired Obligations to be deposited along with cash, if necessary, with the Refunding Trustee; (2) the payment of the principal of and interest on the Refunded Bonds when due up to and including March 1, 2020 for the 2010 Refunded Bonds and up to and including December 1, 2020 for the 2010B Refunded Bonds, or such other date(s) determined by the Designated Representative, and the call, payment, and redemption on such date(s), of all of the then-outstanding Refunded Bonds at a price of par; and (3) may include the payment of the costs of issuing a Series of the Bonds and the costs of carrying out the foregoing elements of the Refunding Plan. (cc) “Refunding Trust Agreement” means a Refunding Trust Agreement between the City and the Refunding Trustee. (dd) “Refunding Trustee” means U.S. Bank National Association, or other trustee or escrow agent or any successor trustee or escrow agent serving as refunding trustee to carry out the Refunding Plan. (ee) “Registered Owner” means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book -entry only - 4 - 53396104.2 system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. (ff) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (gg) “SEC” means the United States Securities and Exchange Commission. (hh) “Securities Depository” means DTC, any successor thereto, any substitute securities depository selected by the City that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. (ii) “Series of the Bonds” or “Series” means a series of the Bonds issued pursuant to this ordinance. (jj) “State” means the State of Washington. (kk) “Term Bond” means each Bond designated as a Term Bond and subject to mandatory redemption in the years and amounts set forth in the Bond Purchase Agreement. (ll) “2010 Bonds” means the City’s Limited Tax General Obligation Bonds, 2010 (Taxable Build America Bonds – Direct Payment), issued pursuant to the 2010 Bond Ordinance. (mm) “2010 Bond Ordinance” means Ordinance No. 5109 and Resolution No. 3117 authorizing the issuance and sale of the 2010 Bonds. (nn) “2010 Refunding Candidates” means the outstanding 2010 Bonds maturing in the years 2022, 2025, 2030 and 2035, the refundings of which has been provided for by this ordinance. (oo) “2010B Bonds” means the City’s Limited Tax General Obligation Bonds, 2010B (Taxable Build America Bonds – Direct Payment), issued pursuant to the 2010B Bond Ordinance. (pp) “2010B Bond Ordinance” means Ordinance No. 5109 and Resolution No. 3124 authorizing the issuance and sale of the 2010B Bonds. (qq) “2010B Refunding Candidates” means the outstanding 2010B Bonds maturing in the years 2025 and 2030, the refundings of which has been provided for by this ordinance. (rr) “Undertaking” means the undertaking to provide continuing disclosure entered into pursuant to Section 19 of this ordinance. - 5 - 53396104.2 Section 2. Findings and Determinations. The City takes note of the following facts and makes the following findings and determinations: (a) Authority and Description of the Refunding Plan. (1) Pursuant to the 2010 Bond Ordinance, the City heretofore issued its $6,910,000 par value Limited Tax General Obligation Bonds, 2010 (Taxable Build America Bonds – Direct Payment) (the “2010 Bonds”), for the purpose of financing costs of constructing a parking facility and purchasing and renovating a building to be used as a municipal courthouse, and by that ordinance reserved the right to redeem the 2010 Bonds maturing on and after September 1, 2020, prior to their maturity on or after March 1, 2020, at a price of par plus accrued interest to the date fixed for redemption (the “2010 Refunding Candidates”). (2) There are presently $5,015,000 par value of 2010 Refunding Candidates outstanding. (3) Pursuant to the 2010B Bond Ordinance, the City heretofore issued its $2,220,000 par value Limited Tax General Obligation Bonds, 2010B (Taxable Build America Bonds – Direct Payment) (the “2010B Bonds”), for the purpose of financing costs of constructing a parking facility and purchasing and renovating a building to be used as a municipal courthouse, and by that ordinance reserved the right to redeem the 2010B Bonds maturing on and after December 1, 2021, prior to their maturity on or after December 1, 2020, at a price of par plus accrued interest to the date fixed for redemption (the “2010B Refunding Candidates,” and together with the 2010 Refunding Candidates, the “Refunding Candidates”). (4) There are presently $1,375,000 par value of 2010B Refunding Candidates outstanding. (5) After due consideration, it appears to the City Council that all or a portion of the Refunding Candidates may be refunded by a portion of the issuance and sale of the limite d tax general obligation refunding bonds authorized herein so that a savings will be effected by the difference between the principal and interest cost over the life of the portion of the Bonds used for the Refunding Plan and the principal and interest cost over the life of the Refunded Bonds but for such refunding, which refunding will be effected by carrying out the Refunding Plan. (b) Debt Capacity. The maximum amount of indebtedness authorized by this ordinance is $7,000,000. Based on the following facts, this amount is to be issued within the amount permitted to be issued by the City for general municipal purposes without a vote: (1) The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for collection in the calendar year 2019 is $3,603,403,693. (2) As of June 1, 2019, the City had limited tax general obligation indebtedness, consisting of bonds, leases and conditional sales contracts outstanding in the principal amount of $21,715,000, which is incurred within the limit of up to 1½% of the value of the taxable property within the City permitted for general municipal purposes without a vote. - 6 - 53396104.2 (3) As of June 1, 2019, the City has unlimited tax general obligation indebtedness for capital purposes only outstanding in the principal amount of $9,435,000 for general municipal purposes. The indebtedness described in this paragraph has been incurred with the approval of the requisite proportion of the City’s qualified voters at an election meeting the minimum turnout requirements, within the limit of up to 2½% of the value of the taxable property within the City for general municipal purposes (when combined with the outstanding limited tax general obligation indebtedness). (c) The Bonds. For the purpose of providing the funds necessary to carry out the Refunding Plan and to pay the costs of issuance and sale of the Bonds, the City Council finds that it is in the best interests of the City and its taxpayers to issue and sell the Bonds to the Purchaser, pursuant to the terms set forth in the Bond Purchase Agreement as approved by the City’s Designated Representative consistent with this ordinance. Section 3. Authorization of Bonds. The City is authorized to borrow money on the credit of the City and issue negotiable limited tax general obligation refunding bonds evidencing indebtedness in one or more Series in the aggregate principal amount of not to exceed $7,000,000 to provide funds necessary to carry out the Refunding Plan and to pay the costs of issuance and sale of the Bonds. Section 4. Description of Bonds; Appointment of Designated Representative. The City’s Mayor, or the appointed or acting Director of Financial Services in the absence of the Mayor, is appointed as the Designated Representative of the City and is autho rized and directed to conduct the sale of the Bonds in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of each Series of the Bonds, with such additional terms and covenants as the Designated Representative deems advisable, within the following parameters: (a) The Bonds may be issued in one or more Series, and the aggregate principal amount of the Bonds shall not exceed $7,000,000; (b) One or more rates of interest may be fixed for the Bonds as long as no rate of interest for any maturity of the Bonds exceeds 5.00%; (c) The true interest cost to the City for each Series of Bonds does not exceed 4.00%; (d) The aggregate purchase price for each Series of Bonds shall not be less than 98% and not more than 130% of the aggregate stated principal amount of the Bonds, excluding any original issue discount; (e) The Bonds may be issued subject to optional and mandatory redemption provisions; (f) The Bonds shall be dated as of the date of their delivery, which date and time for the issuance and delivery of the Bonds is not later than June 30, 2020; (g) There is a minimum net present value savings of 4.00% of the Refunded Bonds; and - 7 - 53396104.2 (h) Each Series shall mature no later than December 31, 2035. In addition, a Series of the Bonds may not be issued if it would cause the indebtedness of the City to exceed the City’s legal debt capacity on the Issue Date. The Designated Representative may determine whether it is in the City’s best interest to provide for bond insurance or other credit enhancement; and may accept such additional terms, conditions and covenants as he or she may determine are in the best interests of the City, consistent with this ordinance. In determining the number of series, the series designations, final principal amounts, date of the Bonds, denominations, interest rates, payment dates, redemption provisions, tax status, and maturity dates for the Bonds, the Designated Representative, in consultation with other City officials and staff and advisors, shall take into account those factors that, in his or her judgment, will result in the lowest true interest cost on the Bonds to their maturity, including, but not limited to current financial market conditions and current interest rates for obligations comparable to the Bonds. Section 5. Bond Registrar; Registration and Transfer of Bonds. (a) Registration of Bonds. Each Bond shall be issued only in registered form as to both principal and interest and the ownership of each Bond shall be recorded on the Bond Register. (b) Bond Registrar; Duties. The Fiscal Agent is appointed as initial Bond Registrar. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City’s paying agent for the Bonds and to carry out all of the Bond Registrar’s powers an d duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s Certificate of Authentication on each Bond. The Bond Registrar may become an Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Owners. (c) Bond Register; Transfer and Exchange. The Bond Register shall contain the name and mailing address of each Registered Owner and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same Series, interest rate and maturity. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. - 8 - 53396104.2 (d) Securities Depository; Book-Entry Only Form. If a Bond is to be issued in book- entry form, DTC shall be appointed as initial Securities Depository and each such Bond initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held fully immobilized in book-entry only form by the Securities Depository in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to any person if the Bond is no longer to be held in book-entry only form. Upon the resignation of the Securities Depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates the services of the Securities Depository, the Bonds no longer shall be held in book-entry only form and the registered ownership of each Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond Registrar shall be responsible for any notice that is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. Each Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceas es to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: “Certificate of Authentication. This Bond is one of the fully registered City of Bremerton, Washington, Limited Tax General Obligation Refunding Bonds, 2019, described in the Bond Ordinance.” The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. - 9 - 53396104.2 Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America. Principal of and interest on each Bond registered in the name of the Securities Depository is payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register on the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received on or prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8. Bond Account. The Bond Account is created as a special fund of the City for the sole purpose of paying principal of and interest on the Bonds. Bond proceeds in excess of the amounts need to pay the costs of the Refunding Plan and the costs of issuance of the Bonds, if any, shall be deposited into the Bond Account. All amounts allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Account as necessary for the timely payment of amounts due with respect to the Bonds. The principal of and interest on the Bonds shall be paid out of the Bond Account. Until needed for that purpose, the City may invest money in the Bond Account temporarily in any legal investment, and the investment earnings shall be retained in the Bond Account and used for the purposes of that fund. Section 9. Redemption Provisions and Purchase of Bonds. (a) Optional Redemption. The Bonds shall be subject to redemption at the option of the City on terms acceptable to the Designated Representative, as set forth in the Bond Purchase Agreement, consistent with the parameters set forth in Section 4. (b) Mandatory Redemption. Each Bond that is designated as a Term Bond in the Bond Purchase Agreement, consistent with the parameters set forth in Section 4 and except as set forth below, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest, on the dates and in the amounts as set forth in the Bond Purchase Agreement. If a Term Bond is redeemed under the optional redemption provisions, defeased or purchased by the City and surrendered for cancellation, the principal amount of the Term Bond so redeemed, defeased or purchased (irrespective of its actual redemption or purchase price) shall be credited against one or more scheduled mandatory redemption installments for that Term Bond. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation prior to the earliest mandatory redemption date for that Term Bond for which notice of redemption has not already been given. (c) Selection of Bonds for Redemption; Partial Redemption. If fewer than all of the outstanding Bonds are to be redeemed at the option of the City, the City shall select the Series and maturities to be redeemed. If fewer than all of the outstanding Bonds of a maturity of a Series are to be redeemed, the Securities Depository shall select Bonds registered in the name of the Securities Depository to be redeemed in accordance with the Letter of Representations, and - 10 - 53396104.2 the Bond Registrar shall select all other Bonds to be redeemed randomly in such manner as the Bond Registrar shall determine. All or a portion of the principal amount of any Bond that is to be redeemed may be redeemed in any Authorized Denomination. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same Series, maturity and interest rate in any Authorized Denomination in the aggregate principal amount to remain outstanding. (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice and the redemption by giving a notice of rescission to the affected Registered Owners at any time on or prior to the date fixed for redemption. Any notice of optional redemption that is so rescinded shall be of no effect, and each Bond for which a notice of optional redemption has been rescinded shall remain outstanding. (f) Effect of Redemption. Interest on each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless either the notice of optional redemption is rescinded as set forth above, or money sufficient to effect such redemption is not on depo sit in the Bond Account or in a trust account established to refund or defease the Bond. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds offered to the City at any time at any price acceptable to the City plus accrued in terest to the date of purchase. Section 10. Failure To Pay Bonds. If the principal of any Bond is not paid when the Bond is properly presented at its maturity or date fixed for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or date fixed for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Account, or in a trust account established to refund or defease the Bond, and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 11. Pledge of Taxes. The Bonds constitute a general indebtedness of the City and are payable from tax revenues of the City, including local revitalization financing taxes authorized by RCW 82.14.505 and .510, and such other money as is lawfully available and - 11 - 53396104.2 pledged by the City for the payment of principal of and interest on the Bonds. For as long as any of the Bonds are outstanding, the City irrevocably pledges that it shall, in the manner provided by law within the constitutional and statutory limitations provided by law without the assent of the voters, include in its annual property tax levy amounts sufficient together with other money that is lawfully available to pay principal of and interest on the Bonds as the same become due. The full faith, credit and resources of the City are pledged irrevocably for the prompt payment of the principal of and interest on the Bonds and such pledge shall be enforceable in mandamus against the City. In addition, all amounts received by the City as a result of imposing the local sales and use tax under chapter 39.104 RCW and RCW 82.14.505 and 82.14.510 for the purpose of financing certain public improvements located within a “revitalization area” are pledged, as necessary, to the payment of the portion of the Bonds that financed improvements within the local revitalization financing area. Section 12. Tax Covenants. (a) Preservation of Tax Exemption for Interest on Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds that will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds. (b) Post-Issuance Compliance. The Finance Director is authorized and directed to review and update the City’s written procedures to facilitate compliance by the City with the covenants in this ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Bonds from being included in gross income for federal tax purposes. (c) Designation of Bonds as “Qualified Tax-Exempt Obligations.” A Series of the Bonds may be designated as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code, if the following conditions are met: (1) the Series does not constitute “private activity bonds” within the meaning of Section 141 of the Code; (2) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) that the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax -exempt obligations on behalf of the City) will issue during the calendar year in which the Series is issued will not exceed $10,000,000; and - 12 - 53396104.2 (3) the amount of tax-exempt obligations, including the Series, designated by the City as “qualified tax-exempt obligations” for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Series is issued does not exceed $10,000,000. Section 13. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on any or all of the Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for any partial refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of Bonds. Section 14. Refunding of the Refunded Bonds. (a) Appointment of Refunding Trustee. U.S. Bank National Association is appointed as Refunding Trustee in connection with the Bonds. (b) Use of Bond Proceeds; Acquisition of Acquired Obligations. The proceeds of the sale of the Bonds shall be deposited immediately upon the receipt thereof with the Refunding Trustee and used to discharge the obligations of the City relating to the Refunded Bonds under the 2010 Bond Ordinance and the 2010B Bond Ordinance by providing for the payment of the amounts required to be paid by the Refunding Plan. To the extent practicable, such obligations shall be discharged fully with Bond proceeds by the Refunding Trustee’s simultaneous purchase of the Acquired Obligations, bearing such interest and maturing as to principal and interest in such amounts and at such times so as to provide, together with a beginning cash balance, if necessary, for the payment of the amount required to be paid by the Refunding Plan. The Acquired Obligations, if acquired, will be listed and more particularly described in an exhibit to be attached to the Refunding Trust Agreement between the City and the Refunding Trustee, but are subject to substitution as set forth below. Any Bond proceeds or other money deposited with the Refunding Trustee not needed to purchase the Acquired Obligations and provide a beginning cash balance, if any, and pay the costs of issuance of the Bonds shall be returned to the City at the time of delivery of the Bonds to the initial purchaser thereof and deposited in the Bond Account to pay interest on the Bonds on the first interest payment date. - 13 - 53396104.2 If payment of the costs of issuance of the Bonds is not included in the Refunding Plan, the Bond proceeds that are not deposited with the Refunding Trustee will be deposited with the City to be used to pay the costs of issuance of the Bonds. Any additional proceeds of the Bonds may be deposited into the Bond Account and used to pay interest on the Bonds on the first interest payment date. (c) Substitution of Acquired Obligations. Prior to the purchase of any Acquired Obligations by the Refunding Trustee, the City reserves the right to substitute other direct, noncallable obligations of the United States of America (“Substitute Obligations”) for any of the Acquired Obligations and to use any savings created thereby for any lawful City purpose if, (a) in the opinion of the City’s bond counsel, the interest on the Bonds and the Refunded Bonds will remain excluded from gross income for federal income tax purposes under Sections 103, 148, and 149(d) of the Code, and (b) such substitution shall not impair the timely payment of the amounts required to be paid by the Refunding Plan, as verified by a nationally recognized independent certified public accounting firm. After the purchase of the Acquired Obligations, if any, by the Refunding Trustee, the City reserves the right to substitute therefor cash or Substitute Obligations subject to the conditions that such money or securities held by the Refunding Trustee shall be sufficient to carry out the Refunding Plan, that such substitution will not cause the Bonds or the Refunded Bonds to be arbitrage bonds within the meaning of Section 148 of the Code and regulations thereunder in effect on the date of such substitution and applicable to obligations issued on the issue dates of the Bonds and the Refunded Bonds, as applicable, and that the City obtain, at its expense: (1) a verification by a nationally recognized independent firm acceptable to the Refunding Trustee confirming that the payments of principal of and interest on the substitute securities, if paid when due, and any other money held by the Refunding Trustee will be sufficient to carry out the Refunding Plan; and (2) an opinion from a nationally recognized bond counsel to the City, to the effect that the disposition and substitution or purchase of such securities, under the statutes, rules, and regulations then in force and applicable to the Bonds, will not cause the interest on the Bonds or the Refunded Bonds to be included in gross income for federal income tax purposes and that such disposition and substitution or purchase is in compliance with the statutes and regulations applicable to the Bonds. Any surplus money resulting from the sale, transfer, other disposition, or redemption of the Acquired Obligations and the substitutions therefor shall be released from the trust estate and transferred to the City to be used for any lawful City purpose. (d) Administration of Refunding Plan. The Refunding Trustee is authorized and directed to purchase the Acquired Obligations (or substitute obligations), if so directed by the Designated Representative, and to make the payments required to be made by the Refunding Plan from the Acquired Obligations (or substitute obligations) and money deposited with the Refunding Trustee pursuant to this ordinance. All Acquired Obligations (or substitute obligations) and the money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably, invested and applied in accordance with the provisions of the 2010 Bond Ordinance, the 2010B Bond Ordinance, this ordinance, chapter 39.53 RCW and other applicable statutes of the State of Washington and the Refunding Trust Agreement. All necessary and proper fees, compensation, and expenses of the Refunding Trustee for the Bonds and all other costs incidental to the setting up of the escrow to accomplish the refunding of the - 14 - 53396104.2 Refunded Bonds and costs related to the issuance and delivery of the Bonds, including bond printing, verification fees, Bond Counsel’s fees, and other related expenses, shall be paid out of the proceeds of the Bonds. (e) Authorization for Refunding Trust Agreement. To carry out the Refunding Plan provided for by this ordinance, the Designated Representative is authorized and directed to execute and deliver to the Refunding Trustee a Refunding Trust Agreement setting forth the duties, obligations and responsibilities of the Refunding Trustee in connection with the payment, redemption, and retirement of the Refunded Bonds as provided herein and stating that the provisions for payment of the fees, compensation, and expenses of such Refunding Trustee set forth therein are satisfactory to it. Prior to executing the Refunding Trust Agreement, the Designated Representative of the City is authorized to make such changes therein that do not change the substance and purpose thereof or that assure that the escrow provided therein and the Bonds are in compliance with the requirements of federal law governing the exclusion of interest on the Bonds from gross income for federal income tax purposes. Section 15. Call for Redemption of the Refunded Bonds. The City will call for redemption on such date as determined by the Designated Representative, all of the Refunded Bonds at par plus accrued interest. Such call for redemption shall be irrevocable after the delivery of the Bonds to the initial purchaser thereof. The date on which the Refunded Bonds are herein called for redemption is the first date on which those bonds may be called. The proper City officials are authorized and directed to give or cause to be given such notices as required, at the times and in the manner required by the 2010 Bond Ordinance and the 2010B Bond Ordinance, in order to effect the redemption prior to their maturity of the Refunded Bonds. Section 16. Findings with Respect to Refunding. The City Council authorizes the Designated Representative to issue the Bonds if it will achieve debt service savings to the City and is in the best interest of the City and its taxpayers and in the public interest. In making such finding and determination, the Designated Representative will give consideration to the fixed maturities of the Bonds and the Refunded Bonds, the costs of issuance of the Bonds and the known earned income from the investment of the proceeds of the issuance and sale of the Bonds and other money of the City used in the Refunding Plan, if any, pending payment and redemption of the Refunded Bonds. The Designated Representative may also purchase Acquired Obligations to be deposited with the Refunding Trustee, together with the income therefrom, and with any necessary beginning cash balance, which will be sufficient to redeem the Refunded Bonds and will discharge and satisfy the obligations of the City under the 2010 Bond Ordinance and the 2010B Bond Ordinance with respect to the Refunded Bonds, and the pledges, charges, trusts, covenants, and agreements of the City therein made or provided for as to the Refunded Bonds, and that the Refunded Bonds shall no longer be deemed to be outstanding under such ordinance immediately upon the deposit of such money with the Refunding Trustee. - 15 - 53396104.2 Section 17. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell each Series of the Bonds by negotiated sale based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. In determining the method of sale of a Series and accepting the Final Terms, the Designated Representative shall take into account those factors that, in the judgment of the Designated Representative, may be expected to result in the lowest true interest cost to the City. (b) Procedure for Negotiated Sale. The Designated Representative shall select one or more Purchasers with which to negotiate the sale of the Bonds. The Bond Purchase Agreement for each Series of the Bonds shall set forth the Final Terms. The Designated Representative is authorized to execute the Bond Purchase Agreement on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance. (c) Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the Bond Purchase Agreement, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 18. Official Statement. (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review and, if acceptable to him or her, approve the preliminary Official Statement prepared in connection with each sale of a Series of the Bonds to the public or through a Purchaser as a placement agent. For the sole purpose of the Purchaser’s compliance with paragraph (b)(1) of Rule 15c2-12, if applicable, the Designated Representative is authorized to deem that preliminary Official Statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City approves the distribution to potential purchasers of the Bonds of a preliminary Official Statement that has been approved by the Designated Representative and been deemed final, if applicable, in accordance with this subsection. (b) Approval of Final Official Statement. The City approves the preparation of a final Official Statement for each Series of the Bonds to be sold to the public in the form of the preliminary Official Statement that has been approved and deemed final in accordance with subsection (a), with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final Official Statement to the Purchaser if required under Rule 15c2-12. The City authorizes and approves the distribution by the Purchaser of the final Official Statement so executed and delivered to purchasers and potential purchasers of a Series of the Bonds. Section 19. Undertaking to Provide Continuing Disclosure. To meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to the Purchaser acting as a participating underwriter for the Bonds, the City makes the following written undertaking (the “Undertaking”) for the benefit of holders of the Bonds: - 16 - 53396104.2 (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (1) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in paragraph (b) (“annual financial information”); (2) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (A) principal and interest payment delinquencies; (B) non-payment related defaults, if material; (C) unscheduled draws on debt service reserves reflecting financial difficulties; (D) unscheduled draws on credit enhancements reflecting financial difficulties; (E) substitution of credit or liquidity providers, or their failure to perform; (F) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 – TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (G) modifications to rights of holders of the Bonds, if material; (H) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (I) defeasances; (J) release, substitution, or sale of property securing r epayment of the Bonds, if material; (K) rating changes; (L) bankruptcy, insolvency, receivership or similar event of the City, as such “Bankruptcy Events” are defined in Rule 15c2-12; (M) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (N) appointment of a successor or additional trustee or the change of name of a trustee, if material; (O) incurrence of a financial obligation of the City or obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City or obligated person, any of which affect security holders, if material; and (P) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of the financial obligation of the City or obligated person, any of which reflect financial difficulties . The term “financial obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term “financial obligation” shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with Rule 15c2-12. (3) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in paragraph (b). (b) Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in paragraph (a): (1) Shall consist of (A) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting - 17 - 53396104.2 principles applicable to local governmental units of the State such as the City, as such principles may be changed from time to time, which statements may be unaudited, provided, that if and when audited financial statements are prepared and available they will be provided; (B) principal amount of general obligation bonds outstanding at the end of the applicable fiscal year; (C) assessed valuation for that fiscal year; (D) regular property tax levy amount and rate for the fiscal year; and (E) local revitalization financing revenues for the fiscal year; (2) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City’s fiscal year ending December 31, 2018; and (3) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the In ternet website of the MSRB or filed with the SEC. (c) Amendment of Undertaking. This Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of t hat change on the type of information to be provided. (d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person. (e) Termination of Undertaking. The City’s obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City’s obligations under this Undertaking shall terminate if the provisions of Rule 15c2-12 that require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with this Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with this Undertaking shall constitute an event of default. The sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated person to comply with this Undertaking, including seeking an order of specific performance from an appropriate court. (g) Designation of Official Responsible to Administer Undertaking. The Finance Director or his or her designee is the person designated, in accordance with the Bond Ordinance, - 18 - 53396104.2 to carry out the Undertaking in accordance with Rule 15c2-12, including, without limitation, the following actions: (1) Preparing and filing the annual financial information undertaken to be provided; (2) Determining whether any event specified in paragraph (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (3) Determining whether any person other than the City is an “obligated person” within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person required under Rule 15c2-12; (4) Selecting, engaging and compensating designated agents and consultants, including financial advisors and legal counsel, to assist and advise the City in carrying out this Undertaking; and (5) Effecting any necessary amendment of this undertaking. Section 20. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of any Owners of the Bonds: (a) To add covenants and agreements that do not materially adversely affect the interests of Owners, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owners of the Bonds. Section 21. General Authorization and Ratification. The Mayor, appointed or acting Director of Financial Services, City Clerk and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of each Series of the Bonds to the Purchaser thereof and for the proper application, use and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 22. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or - 19 - 53396104.2 circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 23. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED by the City Council of the City of Bremerton, Washington this 7 th day of August, 2019. Eric Younger, Council President APPROVED this 7th day of August, 2019. Greg Wheeler, Mayor ATTEST: Angela Woods, City Clerk APPROVED AS TO FORM: Nancy M. Neraas, Bond Counsel PUBLISHED EFFECTIVE DATE ORDINANCE NO. 53396104.2 CERTIFICATION I, the undersigned, City Clerk of the City of Bremerton, Washington (the “City”), her eby certify as follows: 1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on August 7, 2019, as that ordinance appears on the minute book of the City. 2. The Ordinance will be in full force and effect five days after publication in the City’s official newspaper, which publication date is expected to be August __, 2019. 3. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. Dated: August 7, 2019. CITY OF BREMERTON, WASHINGTON Angela Woods, City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: July 24, 2019 Renewal of Agreements with West Publishing Corporation for Westlaw Research Subscriptions COUNCIL MEETING Date: August 7, 2019 Department: City Attorney’s Office Presenter: Roger A. Lubovich Phone: (360) 473-2345 SUMMARY: The City Attorney’s Office uses West Publishing Corporation for its legal research subscriptions. The current contract with West Publishing Corporation expires September 30, 2019, and the City Attorney’s Office wishes to renew the contract for a three year term. The monthly fee for online services is $939.29, with a 2% CPI adjustment on each anniversary of the contract. The monthly fee for print services is $98.97, with a 4% CPI adjustment on each anniversary of the contract. The total three year cost for the contract (online and print) will be approximately $36,858. ATTACHMENTS: Renewal Agreements FISCAL IMPACTS (Include Budgeted Amount): The City Attorney’s Office budget has sufficient funds available in the 2019 budget to fund the monthly fees. The monthly fees for 2020, 2021 and 2022 will be included in the annual City Attorney’s budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Agreements with West Publishing Corporation and authorize the City Attorney to finalize and execute three year contract renewals with West Publishing Corporation with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6E AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: July 24, 2019 Washington State Recreation & Conservation Office (RCO) Funding Board Project Agreement for the Warren Avenue Playfield Renovation Project COUNCIL MEETING Date: August 7, 2019 Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: The attached Funding Board Project Agreement will provide $850,000 to assist in the renovation of Warren Avenue Playfield. Improvements include ADA access, field lighting upgrades, parking lot paving, restroom, picnic shelter, playground, backstop and fencing, walking path and landscaping. ATTACHMENTS: 1) Recreation & Conservation Office Funding Board Project Agreement Updated; 2) Warren Avenue Playfield Renovation Plan FISCAL IMPACTS (Include Budgeted Amount): The total project estimate is $1,198,000 comprised of $500,000 RCO Local Parks Grant, $350,000 RCO Youth Athletic Facilities Grant, $200,000 Department of Commerce Allocation, $25,000 Cash Donations, $6,500 Bremerton Parks Foundation Grant and $82,000 Capital Fund Balance and/or REET. The remaining balance of $34,500 will be from in-kind/force account labor in the form of design, project administration and staff labor. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to authorize the Mayor to enter into the Funding Board Project Agreement with the State of Washington Recreation & Conservation Funding Board for the Warren Avenue Playfield Renovation Project; and to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6F Amended Item Number Site PlanYouth Playfield w/LED LightingSee Plan EnlargementBackstopWarren Ave.11thStreetBroadway Ave.10thStreet 9thStreet Open LawnArea &ViewscapeLED Playfield LightingPathway Connecting FeaturesRelocated BackstopPaved Accessible ParkingExistingClubhousePavedParking w/ Retaining Wall Plan EnlargementChildren’s Play AreaDonorBricks at EntryShelterDrinking FountainExample of Children’s Play AreaRestroomEntry & Interpretive SignageExample of ShelterExample of Restroom & Drinking Fountain AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: July 24, 2019 Professional Services Agreement with Parametrix, Inc. for Design and Construction Support Services for the Oyster Bay Beach Sewer Upgrades Project COUNCIL MEETING Date: August 7, 2019 Department: PW&U Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: In 2018, the City received a $3.8M loan from the Department of Ecology for a project that will improve the sewer collection system along Oyster Bay. The work will install individual grinder pump stations at approximately 53 private properties, convert a gravity sewer main to a force main in the marine environment to eliminate lateral connections and associated surcharges, and include various upland gravity and low-pressure collection system improvements. Based on an evaluation and interviews of four qualified consultants from the MRSC Consultant Roster, the City has selected Parametrix to provide design and construction support services for the Oyster Bay Beach Sewer Upgrades project. The contract amount is $437,006. ATTACHMENTS: 1) Professional Services Agreement, with attached Exhibits A through D; 2) Project Area Map FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2019 Wastewater Capital Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Parametrix, Inc. in the amount of $437,006; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6G Amended Item Number Page 1 of 7 Bremerton/Parametrix Oyster Bay Beach Sewer Upgrades July 2019 PROFESSIONAL SERVICES AGREEMENT Oyster Bay Beach Sewer Upgrades City Project # 5827 The City of Bremerton (“City”) and Parametrix, Inc., (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services. I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated July 3, 2019, 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. This project is funded by an SRF Loan for $3,800,000 from the Department of Ecology that expires on December 31, 2022. Terms and conditions from the loan funding agency are included in Exhibit D and are incorporated into this Agreement. In the event of conflict within the contract, the terms and conditions in Exhibit D shall take precedence. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $437,006. 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. Page 2 of 7 Bremerton/Parametrix Oyster Bay Beach Sewer Upgrades July 2019 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. 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 C ity 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, Page 3 of 7 Bremerton/Parametrix Oyster Bay Beach Sewer Upgrades July 2019 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 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-contractors. 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; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 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 Page 4 of 7 Bremerton/Parametrix Oyster Bay Beach Sewer Upgrades July 2019 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 6th Street, Suite 100, 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 Puyallup, 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. Page 5 of 7 Bremerton/Parametrix Oyster Bay Beach Sewer Upgrades July 2019 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. 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 Puyallup, Seattle and Bremerton, 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. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Angela Woods Attn: Mark Yand City of Bremerton Parametrix, Inc. 345 6th Street, Suite 100 60 Washington Ave, Suite 390 Bremerton, WA 98337-1891 Bremerton, WA 98337 Page 6 of 7 Bremerton/Parametrix Oyster Bay Beach Sewer Upgrades July 2019 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. 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; Page 7 of 7 Bremerton/Parametrix Oyster Bay Beach Sewer Upgrades July 2019 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 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 shal l 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. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON PARAMETRIX, INC. By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Woods, City Clerk OYSTER BAY BEACH SEWER UPGRADES PROJECT AREA MAP Bremerton/Parametrix Oyster Bay Beach Sewer Upgrades July 2019 EXHIBIT A SCOPE OF WORK for Oyster Bay Beach Sewer Upgrades July 3, 2019 City of Bremerton Oyster Bay Beach Sewer Upgrades 1 July 2019 SCOPE OF WORK City of Bremerton Oyster Bay Beach Sewer Upgrades PROJECT BACKGROUND This project includes the design and installation of grinder pump stations to approximately 53 properties as well as upland gravity and low-pressure collection system improvements to eliminate sewage backups into Oyster Bay from failed backflow prevention devices and broken laterals. This project will address an ongoing concern with surcharging sewers that have historically caused water quality impacts and damage to residences connected to a gravity pressure sewer located in the beach of Oyster Bay within the City of Bremerton. The overall goal of the project is to reduce the fecal coliform bacteria pollution and other pollution associated with sewage in Oyster Bay by moving the wastewater collection system out of marine waters and into an upland system. This project is funded by an SRF Loan for $3,800,000 from the Department of Ecology that expires on December 31, 2022. SUMMARY OF WORK BREAKDOWN This scope of work includes the following tasks: Task 1: Alternatives Analysis Task 2: Survey Task 3: Preliminary Design Task 4: Detailed Design Task 5: Outreach Task 6: Environmental Analysis and Permitting Task 7: Bidding Assistance Task 8: Services During Construction Task 9: Project Management Task 10: Management Reserve Task 11: Geotechnical Support SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 2 July 2019 DETAILED WORK BREAKDOWN Task 1: Alternatives Analysis Objective Develop alternative sewer alignments for connection to existing upland gravity sewer, perform hydraulic analysis of existing gravity and pressure sewer systems and of alternative scenarios, and provide condition assessment and alternative rehabilitation technologies for the Oyster Bay gravity pressure main (beach main). Activities ·Evaluate capacity of existing gravity and pressure collection system feeding OB-2. ·Develop System Curves for OB-2 force main and beach main between OB-1 and OB-2. ·Research and evaluate beach main rehabilitation technologies. ·Develop Class 5 cost estimates for up to 3 rehabilitation technologies. ·Develop up to 3 alignments for sewer within right-of-way for connection to existing upland sewer. ·Develop Class 5 cost estimate for up to 3 alignment alternatives. ·Identify preferred sewer alignments located within public rights-of-way for connection to existing upland gravity sewer. ·Attend one 2-hour workshop at the City (two Parametrix staff) to discuss Technical Memorandum and alternative selection. Assumptions ·City will provide horizontal and vertical as-builts of applicable sewer infrastructure. ·City will provide OB-2 flows from each pump from drawdown testing results and provide discharge pressures. ·Investment Grade Efficiency Audit required by Department of Ecology Agreement is by others at no cost to Parametrix. Deliverables ·Draft and Final Alternatives Analysis Technical Memorandum (electronic copies only). Final Technical Memorandum will provide a specific rehabilitation technology recommendation and preferred sewer alignment. Applicable calculations and supporting documentation will be available upon request. Task 2: Survey Objective Creation of survey base map in support of the design and construction of new residential sanitary sewer lines and grinder pump stations. SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 3 July 2019 Activities ·Ground and aerial mapping of physical improvements, within public right-of-way along the following roads: Kitsap Way, from Oyster Bay Avenue S to Shorewood Drive; Shorewood Drive, from Kitsap Way to Madrona Point; 650 feet east along Madrona Point from Shorewood Drive and including roads, driveways, culverts, and surface and subsurface utilities. ·A photogrammetric aerial flight will occur to acquire imagery for planimetric and surface data along rights-of-way and residential properties. ·Ground survey will consist of recovering road monumentation through project corridor, setting control, locating surface and subsurface utilities. Ground survey will also include searching for property corners along the right-of-way based on Kitsap County GIS information. Assumptions ·Excludes setting property corners. ·Parametrix shall rely on Kitsap County GIS lines for rights-of-way and property boundary information. Parametrix will not resolve property boundaries or corners. ·Project locates will be called in and subsurface utilities marked by the City in four phases. ·Underground utilities will be marked within public rights-of-way only. ·Provide survey base map of existing conditions utilizing the following: Aerial flight. Standard survey methods. ·Aerial flight will be conducted by a subcontractor (via airplane.) ·Parametrix survey will perform measure downs of existing stormwater and sanitary sewer facilities to determine and/or confirm pipe size, material, and invert elevations. ·Survey project management and quality assurance and quality control (QA/QC) for survey will be provided as part of this phase. Deliverables shall be reviewed in-house to ensure quality and accuracy of any deliverable. ·Acquisition of any easements and/or agreements which allow property access for design and construction including but not limited to Grinder Pump Service Agreement, Sewer Construction Right of Entry Agreement, and Sewer Easement, are to be obtained by others at no cost to Parametrix. Deliverables ·Project base map in AutoCAD 2018 file format to include property and right-of-way lines, existing features within the mapping area, topography, and ortho imagery. Found property corners will be indicated as such. Task 3: Preliminary Design (30%) Objective Prepare 30% level engineering design documents. SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 4 July 2019 Activities ·Attend one 2-hour workshop (pre-design kick-off meeting) at the City (two Parametrix staff) to determine design elements such as extent of roadway restoration and traffic control requirements. ·Conduct agency and utility coordination and develop correspondence log. ·Perform site investigations with City staff at approximately 53 individual properties to determine pump station location, forcemain alignment, and assessment of potential electrical panel location. ·Perform 3D scans of approximately 53 individual properties during site investigation and process scans. ·Complete 30% level design drawings (see Attachment 1: Sheet Index). ·Develop 30% Engineer’s Opinion of Probable Construction Cost (EOPCC). ·Develop draft Basis of Design Technical Memorandum. ·Perform internal QA/QC. Assumptions ·Assumed City’s review period of 30% design package is 3 weeks. ·One meeting with the City is included to discuss the preliminary design prior to the City’s review of the 30% design package. The meeting will be attended by two Parametrix staff. ·The City will provide one set of resolved and consolidated comments on 30% design which will be incorporated into the 60% design submittal. ·Deliverables will be submitted electronically as PDF files using a City-selected cloud-based file transfer platform or via email. Hardcopies of deliverables are excluded. ·Internal QA/QC documentation is excluded as a deliverable. ·City will provide standard design and installation details for grinder pump station, grinder pump valve box clean-out, grinder pump station wiring diagram, collection valve box clean-out, standard clean-out, side sewer (pressure to gravity), side sewer (pressure to pressure), concrete sidewalk, and other details to be identified during design. ·Acquisition of any easements and/or agreements including but not limited to Grinder Pump Service Agreement, Sewer Construction Right of Entry Agreement, and Sewer Easement are to be obtained by others at no cost to Parametrix. ·City will lead and provide coordination with residents for site investigations. ·Approximately 53 site investigations, each lasting up to one hour with two Parametrix staff in attendance for six and one Parametrix staff in attendance for 47. ·3D scanning activity will be performed during the 1-hour site investigation. ·Geotechnical engineering performed to support this task will be managed under Task 11: Geotechnical Support. Deliverables ·30% design drawings. SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 5 July 2019 ·30% EOPCC. ·Utility correspondence log. ·Draft Basis of Design Technical Memorandum (to be updated and finalized during detailed design.) ·Comment response form (electronic). ·3D scan files and free viewing software. Task 4: Detailed Design Objective Provide services for detailed design and includes tasks for intermediate (60%), pre-final (90%), and final (100%) design. Task 4.1: Intermediate Design (60%) Activities ·Advance drawings to 60% design level (see Attachment 1: Sheet Index). ·Advance EOPCC to 60% design level. ·Advance agency and utility coordination and update correspondence log. ·Identify required Bidding and Contract Documents. ·Update Basis of Design Technical Memorandum. ·Perform internal QA/QC. Assumptions ·Assumed City’s review period of 60% design package is 3 weeks. ·One meeting with the City is included to discuss the intermediate design before the City’s review. The meeting will be attended by two Parametrix staff. ·The City will provide one set of resolved and consolidated comments on the 60% design which will be incorporated into the 90% design submittal. ·Deliverables will be submitted electronically as PDF files using a City-selected cloud-based file transfer platform or via email. Hardcopies of deliverables are excluded. ·Internal QA/QC documentation is excluded as a deliverable. ·WSDOT standard specifications will be used for the project. ·The City will provide Bidding Documents in PDF and Microsoft Word format from a recent past project. ·Geotechnical engineering performed to support this subtask will be managed under Task 11: Geotechnical Support. Deliverables ·60% design drawings. SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 6 July 2019 ·Front-end Bidding and Contract Document table of contents. ·60% EOPCC. ·Updated utility correspondence log. ·Updated Basis of Design Technical Memorandum. ·Comment response form (electronic). Subtask 4.2: Pre-Final Design (90%) Activities ·Advance drawings to 90% design level (see Attachment 1: Sheet Index). ·Advance EOPCC to 90% design level. ·Advance agency and utility coordination and update correspondence log. ·Update Basis of Design Technical Memorandum. ·Perform internal QA/QC. Assumptions ·Assumed City’s review period of 90% design package is 3 weeks. ·One meeting with the City is included to discuss the pre-final design before the City’s review. The meeting will be attended by two Parametrix staff. ·The City will provide one set of resolved and consolidated comments on the 90% design which will be incorporated into the 100% design submittal. ·Deliverables will be submitted electronically as PDF files using a City-selected cloud-based file transfer platform or via email. Hardcopies of deliverables are excluded. ·Internal QA/QC documentation is excluded as a deliverable. ·Geotechnical engineering performed to support this subtask will be managed under Task 11: Geotechnical Support. Deliverables ·90% design drawings. ·90% Bidding Documents (special provisions, supplementary technical specifications, and front-end Bidding and Contract Documents). ·90% EOPCC. ·Final utility correspondence log. ·Final Basis of Design Technical Memorandum. ·Comment response form (electronic). SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 7 July 2019 Subtask 4.3: Final Design (100%) Activities ·Advance drawings to 100% design level. ·Advance Bidding Documents to 100% design level. ·Advance EOPCC to 100% design level. ·Perform internal QA/QC. Assumptions ·Design review meeting with the City is excluded. ·Internal QA/QC documentation is excluded as a deliverable. ·Incorporation of City-comments on 100% design package is excluded. ·Geotechnical engineering performed to support this subtask will be managed under Task 11: Geotechnical Support. Deliverables ·Bidding Documents including final plans, technical specifications, front-end Bidding and Contract Documents, and references including the Geotechnical Report. ·100% EOPCC. Task 5: Outreach Objective Coordinate with City Staff, individual property owners, and other stakeholders. Activities ·Review City’s outreach plan. ·Participate in up to three “neighborhood” outreach meetings. ·Prepare project boards for outreach meetings. Assumptions ·Each neighborhood outreach meeting will last up to 2 hours. ·PowerPoint presentations excluded. Deliverables ·Three project boards per outreach meeting. SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 8 July 2019 Task 6: Environmental Analysis and Permitting Objective Provide permitting services for the work outlined herein to comply with the City of Bremerton and other applicable regulatory agencies’ permitting requirements. Activities ·Permit coordination with various agencies at the direction of the City. This activity will include meetings and consultations with permitting agencies before application submittal to confirm applicability of permits, fully understand the concerns of the permitting agencies, and comply with all permit application requirements. ·Develop permit memorandum that outlines regulatory requirements. The memorandum will include a matrix that identifies permits and approvals for work that will occur in the regulated shoreline environment, aquatic lands (owned by state and federal government), and waters of the United States (U.S.). ·Develop permit matrix that shall identify each expected permit or approval including: Circumstances that trigger the need for the permit or approval. Agency issuing the permit including contact information (e.g., contact person). Expected duration to obtain permit. Critical issues that may affect obtaining the permit. Checklist of requirements pertaining to the permits and approvals. ·Prepare and submit Joint Aquatic Resources Permit Application (JARPA) for compliance with Section 404 and Section 10 permits (U.S. Army Corps of Engineers [Corps]). ·Prepare and submit Biological Evaluation (BE) for informal consultation for compliance with the Endangered Species Act Section 7 (National Marine Fisheries Service, U.S. Fish and Wildlife Service). ·Prepare Attachment E of the JARPA and submit JARPA package to Washington Department of Natural Resources (WDNR) for their Aquatic Use Authorization. ·Prepare JARPA and submit online for compliance with Hydraulic Permit Approval (Washington Department of Fish and Wildlife [WDFW]. (WDFW may require forage fish surveys, see assumptions below). ·Prepare SEPA Environmental Checklist for compliance with State Environmental Policy Act (SEPA) approval (City of Bremerton). Assumptions ·It is assumed that permit applications will be supported by the information and deliverables contained in the preliminary design. Copies of drawings, supporting calculations, and other technical information will be provided in the format and quantities necessary to support each application. The City will review and approve all submittals prior to submission. ·Permit meetings and consultations with permitting agencies will include: SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 9 July 2019 One 2-hour meeting with the Corps Seattle District Office attended by two Parametrix staff and two City staff. One 8-hour site visit to the 53 sites with the WDFW attended by one Parametrix staff and one City staff. One 1-hour pre-application meeting with the City of Bremerton Department of Community Development. Level of effort includes meeting/site visit preparation and travel, and preparation of meeting/site visit summaries. The City will prepare and submit the pre-submittal conference application package for the meeting with the Department of Community Development. ·The BE for informal consultation will be sufficient for the project. ·The project is eligible for a Corps Section 404 nationwide permit. ·A compensatory mitigation plan for impacts to aquatic areas and/or shoreline habitat will not be required. ·The City will obtain property owner signatures on behalf of Attachment A of the JARPA application form. ·Forage fish surveys are excluded. ·The SEPA checklist will result in a Determination of Non-Significance or Mitigated Determination of Non-Significance. ·The City will prepare and coordinate the SEPA public notice including posting on the property, publication in the local newspaper, and mailings to appropriate entities. ·The project is exempt from critical areas review per Bremerton Municipal Code (BMC 20.14.145). The City will prepare and coordinate the exemption request per BMC 20.14.145. ·The project is exempt from a Shoreline Substantial Development permit requirement per WAC 173-27-040 (2)(b). The City will prepare and coordinate the exemption request per BMC 20.02.040. ·The City is responsible for complying with Section 106 of the National Historic Preservation Act of 1966 (NHPA). ·The project is exempt from a Site Development Permit per BMC 20.58.090 (c)(3). ·Utility easements will be obtained by the City. ·The City will pay all permitting fees. ·All other permitting that may be needed for project completion is excluded. Deliverables ·Permit Memorandum that includes a permit matrix (draft and final versions). ·JARPA (draft and final versions). ·BE (draft and final versions). ·WSDOT/Federal Aquatic Use Authorizations (draft and final versions). ·SEPA Environmental checklist (draft and final versions). SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 10 July 2019 ·Shoreline Exemption package (draft and final versions). Task 7: Bidding Assistance Objective Assist the City in the bid selection process and award of the construction contract. Activities ·Deliver the Bidding Documents to the City. ·Attend the Pre-Bid Conference at the project site. ·Answer questions from Bidders. ·Prepare up to two addenda. Addenda that are required due to consultant errors shall be issued at no cost to the City. Assumptions ·Assumes 42 hours of total effort. ·City will lead the Pre-Bid Conference and provide any documents needed for presentation at the Conference. ·Final Bidding Documents that will be delivered to City under this phase were assembled and provided as a deliverable in the detailed design phase. ·Geotechnical engineering performed to support this task will be managed under Task 11: Geotechnical Support. Deliverables ·Responses to Bidder Questions (via e-mail). ·Two addenda (electronic). Task 8: Services During Construction Subtask 8.1: Services During Construction Objective Provide support to the City’s Project Manager and staff during the construction phase of the project. Activities ·Attend Pre-Construction Conference. ·Review submittals. ·Review Requests for Information (RFIs) and develop and/or modify relevant engineering details. ·Review and provide the City with recommended responses to change order requests. SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 11 July 2019 ·Perform site visits on an as-needed basis. Assumptions ·City will lead the Pre-Construction Conference and provide any documents needed for presentation at the Conference. ·Up to 20 hours per month of services for up to a 13-month construction duration. ·Written observation and/or site visit reports are excluded. ·Except for the Record Drawings, as discussed in Task 8.3 below, the Deliverables outlined in the City’s Department of Ecology Agreement for the Construction Management task are provided by others at no cost to Parametrix. ·The Deliverables outlined in the City’s Department of Ecology Agreement for the Construction task are provided by others at no cost to Parametrix. ·The Deliverables outlined in the City’s Department of Ecology Agreement for the Change Order Allowance task are provided by others at no cost to Parametrix. ·Geotechnical engineering performed to support this subtask will be managed under Task 11: Geotechnical Support. Deliverables ·Submittal review sheets. ·RFI and change order responses, and stamped engineering details. Subtask 8.2: Record Documents Preparation Objective Provide project drawings to conform with the Contractor’s construction records. Activities ·Revise CADD drawings to conform with redlines kept by the Contractor during construction. Assumptions ·Parametrix will not verify completeness and accuracy of the Contractor’s redline drawing set. ·This task will be started after Contractor has provided a complete redline drawing set. ·No other record documents besides the Record Drawings will be provided. Deliverables ·One 22”x34” mylar and two 11”x17” bond hardcopy sets of the Record Drawings. ·CADD files for the project, including sheets and base files (x references), submitted via cloud-based file transfer site of City’s choice. ·PDF copies of the Record Drawings submitted via cloud-based file transfer site of City’s choice. SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 12 July 2019 Task 9: Project Management Objective Provide oversight, communications, and management of the contract and scope of work. Work includes administrative project support, task order set-up, and subconsultant management. Activities ·Prepare a project schedule. ·Prepare monthly billing review and invoices. ·Participate in project status meetings with the City. ·Conduct subconsultant management and contracting. ·Provide monthly administrative project support (task set-up, filing, communications). ·Update project schedule monthly and provide to City. Assumptions ·Provides up to 26 months of project management services. ·Monthly project status meeting includes one Parametrix staff. ·Subconsultant contracting is limited to two firms (geotechnical services and aerial survey). ·Oversight and review of subconsultant products is included in task-specific budgets. Deliverables ·Baseline Project Schedule. ·Monthly invoices with progress report. ·Monthly project status meeting (one meeting, in person). Task 10: Management Reserve Management Reserve will consist of a specified amount withheld for management control purposes to address unknown unknowns within the scope of the project. Task 10: Management Reserve will only be used upon written authorization of the Owner. Task 11: Geotechnical Support Subtask 11.1: Geotechnical Support for Preliminary Design (30%) Objective Assess slope stability along bluff for key properties and identify potential impacts to proposed sewer improvements. SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 13 July 2019 Activities ·Review available site information including geologic maps, LiDAR, 3D survey scans, geotechnical/site information available from permits/City projects along the alignments, as-builts of sewer alignments, and information regarding maintenance history of existing sewer laterals. ·One site visit to observe existing slopes at properties with existing service laterals. ·Provide assessment of slope conditions and potential impacts of existing conditions to the proposed improvements. ·Provide considerations for pipeline improvements along the bluff, such as pipe type and installation methods. ·Summarize observations and conclusions in slope assessment report. ·Provide task management and internal QA/QC. Assumptions ·This work will be performed by a subcontractor (HWA GeoSciences.) ·The site visit will last up to 4 hours on-site plus 2 hours travel time each direction. ·City will lead the coordination effort with residents for site visit and hand borings. ·Any permits required for site access for proposed explorations will be acquired by the City at not cost to HWA or Parametrix. ·Existing information to be reviewed will be provided to HWA by the City and the design team. ·No subsurface explorations to be performed for this assessment. ·Considerations to be provided based on experience for pipelines constructed in similar bluff conditions. ·No geotechnical work plan included. Deliverables ·Slope assessment summary report. Subtask 11.2: Geotechnical Support for Detailed Design (60%, 90%, 100%) Objective Provide geotechnical recommendations for installation of grinder pump, new sewer laterals, and new sewer main. Activities ·Participate in one team meeting to review proposed improvements selected during preliminary design. ·Develop and coordinate site explorations for site evaluation and to provide subsurface data for grinder pumps and laterals for key properties, and sewer main along streets. ·Two site visits, one to mark locates and the second to verify locates have been completed. ·Drill up to 10 hand-borings at selected locations, including one at the proposed grinder pump and the remaining locations determined once preliminary design is completed. SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 14 July 2019 ·Complete boring logs and assign testing. ·Develop cross-sections for select sites with laterals on steep slopes. ·Site reconnaissance to evaluate requirements and methods for installation of grinder pump pressure lines. ·Evaluate suitability of installing laterals by horizontal directional drilling versus open cut. ·Provide recommendations for open-cut trenches. ·Provide discussion regarding horizontal directional drilling. ·Provide earthwork and shoring recommendations. ·Summarize site explorations, conclusions, and recommendations for the proposed improvements in a draft geotechnical report. ·Finalize geotechnical report upon receipt of comments from design team. ·Provide input for project specifications. ·Provide task management and internal QA/QC for geotechnical work. Assumptions ·This work will be performed by a subcontractor (HWA GeoSciences.) ·Site access and Street Use permits to be provided at no cost to geotechnical subconsultant (HWA). ·No contaminated materials testing is assumed. In the event contaminated soils appear to be present, HWA will collect samples and contact the Owner/Designer for directions. Deliverables ·Draft and Final Geotechnical Report. Subtask 11.3: Geotechnical Support during Bidding Assistance Objective Respond to questions from Bidders for geotechnical aspects of the project. Activities ·Review and response to questions from Bidders (assume two questions during bidding phase). Assumptions ·This work will be performed by a subcontractor (HWA GeoSciences.) ·City will lead the Pre-Bid Conference and provide any documents needed for presentation at the Conference. ·No addenda included. SCOPE OF WORK (continued) City of Bremerton Oyster Bay Beach Sewer Upgrades 15 July 2019 Deliverables ·Responses to Bidder Questions (via e-mail). Subtask 11.4: Geotechnical Support during Construction Objective Review Contractor submittals and provide consultation to address issues related to geotechnical aspects that arise during construction. Activities ·Review Contractor submittals and RFIs during construction when requested. ·Provide consultation including in-office review and up to two site visits during construction to address issues related to geotechnical aspects that arise during construction. Assumptions ·This work will be performed by a subcontractor (HWA GeoSciences.) Deliverables ·Responses to submittals and summary of site visits (via e-mail). 1 SOW Attachment A - Oyster Bay Beach Sewer Upgrades Sheet Index Drawing Number Sheet Number Title / Description 30% 60% 90/100% General1 G1.1 Cover Sheet D D F 2 G1.2 Legend and Abbreviations D F 3 G1.3 Site Key Map D F F TESC 4 G2.1 TESC Plan D F 5 G2.2 TESC Details D F Horizontal Control 6 G3.1 Horizontal Control 1 D F F 7 G3.2 Horizontal Control 2 D F F 8 G3.3 Horizontal Control 3 D F F 9 G3.4 Horizontal Control 4 D F F Pump Station and Lateral Connection Site Plans 10 C1.1 Pump Station and Lateral Connection Site Plan 1 D F F 11 C1.2 Pump Station and Lateral Connection Site Plan 2 D F F 12 C.1.3 Pump Station and Lateral Connection Site Plan 3 D F F 13 C1.4 Pump Station and Lateral Connection Site Plan 4 D F F 14 C1.5 Pump Station and Lateral Connection Site Plan 5 D F F 15 C1.6 Pump Station and Lateral Connection Site Plan 6 D F F 16 C1.7 Pump Station and Lateral Connection Site Plan 7 D F F 17 C1.8 Pump Station and Lateral Connection Site Plan 8 D F F 18 C1.9 Pump Station and Lateral Connection Site Plan 9 D F F 19 C1.10 Pump Station and Lateral Connection Site Plan 10 D F F 20 C1.11 Pump Station and Lateral Connection Site Plan 11 D F F 21 C1.12 Pump Station and Lateral Connection Site Plan 12 D F F 22 C1.13 Pump Station and Lateral Connection Site Plan 13 D F F 23 C1.14 Pump Station and Lateral Connection Site Plan 14 D F F Plan and Profiles 28 C2.1 Plan and Profile 1 D F 29 C2.2 Plan and Profile 2 D F 30 C2.3 Plan and Profile 3 D F 31 C2.4 Plan and Profile 4 D F Details 32 C3.1 Details 1 D F 33 C3.2 Details 2 D F 34 C3.3 Details 3 D F 35 C3.4 Details 4 D F Total Draft Drawings 20 12 0 Total Final Drawings 0 19 31 Bremerton/Parametrix Oyster Bay Beach Sewer Upgrades July 2019 EXHIBIT B SCHEDULE for Oyster Bay Beach Sewer Upgrades Anticipated Notice to Proceed August 2019 Alternatives Analysis 90 days from NTP Survey, Design, and Permitting 12 months from NTP Bidding Assistance 3-month duration Anticipated start: November 2020 Services During Construction 11-month duration Anticipated start: March 2021 Anticipated Construction Completion January 2022 Contract Completion December 2022 Bremerton/Parametrix Oyster Bay Beach Sewer Upgrades July 2019 EXHIBIT C COMPENSATION for Oyster Bay Beach Sewer Upgrades TASK ESTIMATED COST Task 1: Alternatives Analysis $21,938.86 Task 2: Survey (includes subcontractor) $29,127.10 Task 3: Preliminary Design $76,256.28 Task 4: Detailed Design $108,409.74 Task 5: Outreach $5,668.56 Task 6: Environmental Analysis and Permitting $34,384.86 Task 7: Bidding Assistance $5,704.74 Task 8: Services During Construction $37,768.82 Task 9: Project Management $39,479.86 Task 10: Management Reserve ** $40,000.00 Task 11: Geotechnical Support (includes subconsultant) $27,990.90 Escalation $8,805.58 Expenses $1,471.00 TOTAL ESTIMATED COST $437,006.30 ** Management Reserve to be used only upon written authorization of the Owner. Client: City of Bremerton Project: Oyster Bay Sewer Upgrades Project No: P23318968AT Cedar I. SimmonsJoel S. LinkeBrandon D. MossDrew O. NortonDavid L. DinkuhnConnor R. WittmanDavid M. KopchynskJoshua R. AhmannKatheryn SeckelTrey J. ParryJosh A. WozniakSteve R. KruegerAdam W. MerrillJade L. AustinKristy L. AllinsonSteven N. SharpeRyan M. HandDawn M. DunnJean N. JohnsonNancy K. DonovanKassie N. BabcockProject Manager - Sr EngineerSr EngineerEngineer IIEngineer ISr ConsultantSr Electrical EngineerSr EngineerPlanner IVPlanner IVScientist/Biologist IISr Scientist/BiologistScientist/Biologist IVScientist/Biologist IVSurveyor ISurveyor IITechnical LeadSurvey SupervisorSr Project Control SpecialistSr Contract AdministratorPublications SupervisorProject Accountant$162.23 $176.32 $108.98 $98.51 $222.85 $203.54 $219.73 $135.03 $136.73 $99.16 $184.69 $151.41 $147.49 $77.00 $104.97 $115.13 $139.05 $139.11 $135.77 $123.48 $98.88 Task Description Labor Dollars Labor Hours 01 Alternatives Analysis $21,938.86 158 26 42 82 2 2 4 02 Survey (includes Subcontractor)$29,127.10 138 50 50 30 8 03 Preliminary Design $76,256.28 595 36 127 420 0 8 4 04 Detailed Design $108,409.74 887 4 104 722 0 27 16 14 05 Outreach $5,668.56 42 12 6 12 12 06 Environmental Analysis and Permitting $34,384.86 251 3 4 28 8 14 34 2 100 44 3 11 07 Bidding Assistance $5,704.74 42 6 12 24 08 Services During Construction $37,768.82 310 22 48 200 40 09 Project Management $39,479.86 260 196 0 0 0 30 4 30 10 Management Reserve $40,000.00 11 Geotechnical Support (Subconsultant)$27,990.90 Labor Totals:$426,729.72 2,683 305 343 1476 52 2 27 26 8 14 34 2 100 44 50 50 30 8 33 4 45 30 Escalation Amt:$8,805.58 $1,071.50 $1,617.91 $5,304.62 $163.92 $0.00 $219.82 $140.63 $0.00 $0.00 $0.00 $0.00 $218.03 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $69.15 $0.00 Totals:$435,535.30 $50,551.65 $62,095.67 $166,159.10 $5,286.44 $445.70 $5,715.40 $5,853.61 $1,080.24 $1,914.22 $3,371.44 $369.38 $15,359.03 $6,489.56 $3,850.00 $5,248.50 $3,453.90 $1,112.40 $4,590.63 $543.08 $5,625.75 $2,966.40 Other Direct Expenses Other Direct Costs $1,471.00 Other Direct Expenses Total:$1,471.00 Project Total $437,006 Burdened Rates: SRF Specification Insert 1 Revised 10/24/2014 WASHINGTON STATE DEPARTMENT OF ECOLOGY WATER POLLUTION CONTROL REVOLVING FUND ENGINEERING SERVICES INSERT Revised 10/24/14 The following clauses will be incorporated into contracts for engineering services receiving financial assistance from the Washington State Department of Ecology Water Pollution Control Revolving Fund. In the event of conflict within the contract these clauses shall take precedence Compliance with State and Local Laws The engineering services provider (CONTRACTOR) shall assure compliance with all applicable federal, state, and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project. State Interest Exclusion Partial funding of this project is being provided through the Washington State Department of Ecology Water Pollution Control Revolving Fund. Neither the State of Washington nor any of its departments or employees are, or shall be, a party to this contract or any subcontract. Third Party Beneficiary Partial funding of this project is being provided through the Washington State Department of Ecology Water Pollution Control Revolving Fund. All parties agree that the State of Washington shall be, and is hereby, named as an express third-party beneficiary of this contract, with full rights as such. Cost Basis of Contract No contract may be written for "cost-plus-a-percentage-of-cost" or "percentage of construction cost." The cost basis for this contract must be cost-reimbursement, unit price, fixed-price, time and materials, or any combination of these four methods. Funding Recognition Documents produced under this agreement shall inform the public that the project received financial assistance from the Washington State Water Pollution Control Revolving Fund. Washington State Department of Ecology’s and the EPA’s logomust be on all signs and documents. Logos will be provided as needed. Access to the work site and to records The CONTRACTOR shall provide for access to their records by Washington State Department of Ecology and Environmental Protection Agency (EPA) personnel. EXHIBIT D SRF Specification Insert 2 Revised 10/24/2014 The CONTRACTOR shall maintain accurate records and accounts to facilitate the Owner’s audit requirements and shall ensure that all subcontractors maintain auditable records. These records shall be separate and distinct from the CONTRACTOR’s other records and accounts. All such records shall be available to the Owner and to Washington State Department of Ecology and EPA personnel for examination. All records pertinent to this project shall be retained by the CONTRACTOR for a period of three (3) years after the final audit. Certification Regarding Suspension, Debarment, Ineligibility Or Voluntary Exclusion 1. The 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 CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The CONTRACTOR shall provide immediate written notice to the Washington State Department of Ecology if at any time the 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 the Washington State Department of Ecology for assistance in obtaining a copy of the regulations. 4. The 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 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 CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. The 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 remedies, including suspension and debarment. 8. The CONTRACTOR agrees to keep proof in its agreement file that it and all lower tier SRF Specification Insert 3 Revised 10/24/2014 recipients or contractors are not suspended or debarred and will make this proof available to the Washington State Department of Ecology upon request. The RECIPIENT/CONTRACTOR must run a search in http://www.sam.gov/ and print a copy of completed searches to document proof of compliance. This term and condition supersedes EPA Form 5700-49, “Certification Regarding Debarment, Suspension, and Other Responsibility Matters.” Disadvantaged Business Enterprises General Compliance (40 CFR Part 33). The CONTRACTOR shall comply with the requirements of the Environmental Protection Agency’s Program for Participation By Disadvantaged Business Enterprises (DBE) 40 CFR Part 33. Non-discrimination Provision (40CFR Appendix A to Part 33). The CONTRACTOR shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The CONTRACTOR shall carry out applicable requirements of 40 CFR part 33 in the award and administration of contracts awarded under EPA financial assistance agreements. Failure by the CONTRACTOR to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. Six Good Faith Efforts (40 CFR Part 33 Subpart C). The CONTRACTOR agrees to make the following good faith efforts whenever procuring subcontracts, equipment, services and supplies. The CONTRACTOR shall retain records documenting compliance with the following six good faith efforts.  Ensuring Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office of Minority and Women’s Enterprises at (866) 208-1064.  Making information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date.  Considering in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process.  Encourage contracting with a consortium of Disadvantaged Business Enterprises when a SRF Specification Insert 4 Revised 10/24/2014 contract is too large for one of these firms to handle individually.  Using services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.  If the prime contractor awards subcontracts, requiring the subcontractors to take the six good faith efforts in paragraphs 1 through 5 above. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Acceptance of the Pedestrian & Bicycle Safety Program Grant; and Approval of the WSDOT Local Agency Agreement for the Naval Avenue (1st to 15th Street) Pedestrian & Bicycle Enhancement Project Study Session Date: July 24, 2019 COUNCIL MEETING Date: August 7, 2019 Department: Engineering Presenter: Shane Weber Phone: (360) 473-2354 SUMMARY: The City has been offered a 2019-21 Pedestrian & Bicycle Safety Program State Funding Grant from WSDOT to perform public outreach and design bicycle and pedestrian enhancements on Naval Avenue from 1st to 15th Streets. The grant amount is $619,400 and requires a City match of $32,600. The project includes pavement resurfacing, bike lanes, boxes, and detection, wider sidewalks, signal timing and phasing, intersection treatments, curb bulbs, wayfinding signage, pavement markings, and storm drainage. The project will evaluate roundabouts at intersections along the corridor. The offered grant will be in WSDOT Standard Forms, with their standard terms and conditions. ATTACHMENTS: 1) Grant Award Letter 2) Site Plan 3) Local Programs State Funding Agreement (blank) FISCAL IMPACTS (Include Budgeted Amount): Total project design cost is estimated at $652,000. Total City cost is $32,600 and will be funded by REET. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the Pedestrian & Bicycle Safety Program State Funding Grant; approve the Local Agency Agreement with WSDOT for the Naval Ave - 1st Street to 15th Street Pedestrian & Bicycle Enhancement 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 01/02/2018 6H Amended Item Number AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: July 24, 2019 Proposed Ordinance No. 5373 creating new Chapter 5.14 of the Bremerton Municipal Code entitled “Massage Businesses”; and amending Ordinance No. 5357 “City of Bremerton Rates & Fees” COUNCIL MEETING Date: August 7, 2019 For public comment only Department: Police Presenter: Jim Burchett Phone: (360) 473-5224 SUMMARY: To receive public comment on a proposal to create a new chapter, Chapter 5.14 of the Bremerton Municipal Code, relating to Massage Businesses; and amend Ordinance No. 5357 relating to Rates and Fees for Massage Businesses. ATTACHMENTS: 1) Proposed Ordinance No. 5373 to create Chapter 5.14 - Massage Businesses; 2) Exhibit A City of Bremerton Rates & Fees FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Item Pulled ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: This item will be presented on August 7 for public comment only; No Council action is anticipated… COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 7A Item Pulled… 7B Amended Item Number AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3318 authorizing Intent to Impose a Sales and Use Tax for Affordable and Supportive Housing in Accordance with Substitute House Bill 1406 Study Session Date: July 24, 2019 COUNCIL MEETING Date: August 7, 2019 Department: Finance Presenter: Michael Riley Phone: (360) 473-5303 SUMMARY: House Bill 1406 authorizes the governing body of the City to impose a local sales and use tax for acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, for the operations and maintenance costs of affordable or supporting housing, and for providing rental assistance to tenants. ATTACHMENTS: Resolution No. 3318 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ No Presentation Also discussed at June 26, 2019 Study Session STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3318 authorizing Intent to Impose a Sales and Use Tax for Affordable and Supportive Housing in Accordance with Substitute House Bill 1406. . COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/18 Page 1 of 2 Affordable Housing Sales & Use Tax RESOLUTION NO. 3318 A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring the intent of the City to pass an ordinance to authorize a sales and use tax for affordable and supportive housing in accordance with substitute house bill 1406 (chapter 338, laws of 2019), and other matters related thereto. WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) (“SHB 1406”); and WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordab le housing or facilities providing supportive housing, for the operations and maintenance costs of affordable or supportive housing, and for providing rental assistance to tenants; and WHEREAS, the tax will be credited against state sales taxes collected within the City and, therefore, will not result in higher sales and use taxes within the City and will represent an additional source of funding to address housing needs in the City; and WHEREAS, the tax must be used to assist persons whose income is at or below sixty percent of the City median income; and WHEREAS, the City is struggling with affordable housing issues. Many people in the City are paying a major portion of their income on rent. There are people living in places that are not meant to be housing, such as cars or streets. Others are on the verge of homelessness. The City has determined that imposing the sales and use tax, credited against state sales taxes collected within the City, to address this need will benefit its citizens. The revenue from this ordinance will assist those who are in most need of housing assistance; and WHEREAS, in order for a city or county to impose the tax, within six months of the effective date of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax; and WHEREAS, this resolution constitutes the resolution of intent required by SHB 1406; and WHEREAS, the City Council now desires to declare its intent to impose a local sales and use tax as authorized by SHB 1406 as set forth herein; NOW THEREFORE, Page 2 of 2 Affordable Housing Sales & Use Tax THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Resolution of Intent. The City Council declares its intent to pass an ordinance to authorize the maximum capacity of the sales and use tax authorized by SHB 1406 within one year of the effective date of SHB 1406, or by July 28, 2020. SECTION 2. Further Authority; Ratification. All City officials, their agents, and representatives are hereby authorized and directed to undertake all action necessary or desirable from time to time to carry out the terms of, and complete the actions contemplated by, this resolution. All acts taken pursuant to the authority of this resolution but prior to its effective date are hereby ratified. SECTION 3. 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 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2019. ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney ANGELA WOODS, City Clerk R:\Legal\Legal\Resolutions\Finance\Resolution of Intent to Implement HB 1406 - Final.doc HB 1406 Legislation Summary Kitsap County Human Services 6/24/19 Contacts: Kirsten Jewell 360.337.7286 or Doug Washburn 360.337.4526 Summary HB 1460 adds a new section to RCW Chapter 82.14. It authorizes local governments to retain a portion of sales tax collected in their jurisdiction for the purpose of creating affordable housing. The taxes authorized under this act are subtracted from the sales and use taxes already levied and is not a tax increase. The effective date of the bill is 7/28/19. Definitions  “Participating city” / “participating county” is a jurisdiction that imposes the sales and use tax under this legislation. To be participating a jurisdiction must, by a simple majority of the enacting legislative authority do both of these things: 1) By 1/28/20 pass a “resolution of intent” to adopt legislation to authorize the maximum capacity of the tax; AND 2) By 7/28/20 pass legislation to authorize the maximum capacity of the tax. If a jurisdiction does not adopt both the “resolution of intent” and “legislation to authorize” by the deadlines, it permanently loses the authority to do so.  “Nonparticipating city” / “nonparticipating county” is a jurisdiction that does not pass the “resolution of intent” and legislation to impose the sales and use tax under this legislation.  “Qualifying Local Tax” (QLT) means one of the following tax sources, if the tax source is instated by no later than 12 months after the effective date of the legislation:  the affordable housing levy authorized under RCW 84.52.105;  the levy authorized under RCW 84.55.050 if used solely for affordable housing;  the sales and use tax for housing and related services authorized under RCW 82.14.530 if the city has imposed the tax at a minimum or least half of the authorized rate; or  the sales tax for chemical dependency and mental health treatment services or therapeutic courts authorized under RCW 82.14.460 imposed by a city. Uses of Funds  Allowable uses of funds:  Acquiring, rehabilitating, or constructing affordable housing, which may include new units of affordable housing within an existing structure or facilities providing supportive housing services under RCW 71.24.385; or  Funding operations and maintenance costs of new units of affordable or supportive housing.  Counties with a population under 400,000 and cities with a population under 100,000 may also use the funds for providing rental assistance to tenants.  There is no specific provision for funding to administer these funds.  Housing and services provided through this funding may only be provided to persons whose income is at or below 60% of the median income of the county or city.  The Department of Revenue requires 30 days’ notice and that the jurisdiction begins retaining the tax on the 1st day of a month.  Ability of counties and cities to retain the sales tax expires 20 years after the implementation date.  Cities and counties retaining the tax may issue general obligation or revenue bonds and pledge those taxes to bond payments.  Department of Revenue will be issuing some additional information on implementation in the next few months. County and City Shares A total of .0146% of the collected sales tax is the maximum that can be retained. Either by a city or county claiming the whole amount (.0146%), or by the city and county each claiming half (.0073%). A county and city may enter into an interlocal agreement with other local government or public housing authority to pool the tax receipts and pledge those taxes to bonds. For the first year (7/28/19 – 7/27/20) After the first year (7/28/20 - onward) The same as above, except as noted below: Reporting requirements A county or city imposing the tax must report annually to the Department of Commerce on the collection and use of the revenue. Commerce must submit an annual report to the legislature on the use of the funds. Commerce must adopt rules about the reporting requirements by 12/1/19. Funds Available By 12/31/19, or within 30 days of a county or city authorizing the tax, whichever is later, the Department of Revenue (DoR) must calculate the maximum amount of the tax distributions for each county and city authorizing the tax, based on SFY2019 taxable retail sales (note: this amount is fixed and is not adjusted each year). Any tax collected in excess of the maximum calculated amount goes to the State General Fund. Taxes are collected by DoR and remitted to each participating county and city. Note: Kitsap County projection based on 5/18 -4/19 tax data. Department of Revenue is responsible for final calculations for each County and City authorizing the tax based on SFY 2019 taxable retail sales. What-if 0.0146% What-if 0.0073% Bainbridge Island 86,956 43,478 Bremerton 157,010 78,505 Kitsap County 359,906 179,953 Port Orchard 89,039 44,520 Poulsbo 73,273 36,637 Total 766,185 383,092 Participating County Non-Participating County (declares will not partic) Non-Participating City (declares will not partic) Participating City Collects .0146 in unincorporated areas Participating City Collects .0146 in city limits Currently levying a QLT Not Currently levying a QLT County collects .0073 City collects .0146 Participating County collects .0146 in City Non-Participating County (not met criteria to partic) Participating City Participating City, adopted a QLT by 7/27/20, collects .0146 in city Adopted a QLT by 7/27/20 Did not adopt a QLT by 7/27/20 County collects .0073 City collects .0073 City collects .0146 City collects .0073 * Participating City, did NOT adopt a QLT by 7/27/19, collects $0 * This is believed to be an error in the legislation. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: July 24, 2019 Ordinance No. 5374 amending Chapter 15.03 BMC entitled “Wastewater” COUNCIL MEETING Date: August 7, 2019 Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The proposed revisions to Chapter 15.03 of the Bremerton Municipal Code clarify responsibilities and requirements and make related changes. In 2014 responsibility for the portion of sewer laterals from the property (or easement) line to the sewer main was transferred from the City to the adjacent property owner; this update would transfer that responsibility back to the City. ATTACHMENTS: Ordinance No. 5374 Updated FISCAL IMPACTS (Include Budgeted Amount): The City would resume responsibility for physical repairs to sanitary sewer laterals in the right-of-way STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5374 amending Chapter 15.03 of the Bremerton Municipal Code entitled Wastewater. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 7C Amended Item Number 1 Chapter 15.03 BMC ORDINANCE NO. 5374 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 15.03 of the Bremerton Municipal Code entitled “Wastewater”. WHEREAS, the City Council desires to amend Chapter 15.03 of the Bremerton Municipal Code entitled “Wastewater” to update provisions of the chapter and to make related changes; and WHEREAS, the City Council desires said amendments to be applied prospectively only, and desires that no part of said amendments be applied retroactively, including any requested application of refunds or credits; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.03 of the Bremerton Municipal Code entitled “Wastewater " is hereby amended to read as follows: Chapter 15.03 WASTEWATER 15.03.010 PURPOSE. This chapter establishes availability, conditions of service, system improvement requirements and the operation and maintenance of the wastewater system. 15.03.020 WASTEWATER COMPREHENSIVE PLAN. A wastewater system comprehensive plan shall be developed by the Department in accordance with WAC 173-240-050. The plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. 15.03.030 SERVICE AVAILABILITY. Wastewater service is considered available if the property is situated within the wastewater service area defined in the wastewater system comprehensive plan and is adjacent to the wastewater system, and further provided that: (a) The treatment and wastewater system has the capacity and facilities to accommodate the additional flow, or the property which is part of a wastewater local improvement district (LID) or utility local improvement district (ULID) and has been assessed for sewer improvements. (b) The connection is consistent with the wastewater system comprehensive plan. (c) The connection is approved and permitted by the Department. (d) The connection is in compliance with applicable federal, state, and local rules, regulations and codes. 2 Chapter 15.03 BMC Any customer or potential customer within the wastewater service area and not adjacent to the wastewater system may be connected to the wastewater system subject to meeting the above requirements and establishing a local improvement district (LID) or utility local improvement district (ULID) and/or entering into a public utilities construction agreement with the City for system extension or improvements of the wastewater system for service to the premises. For the purpose of this section, "adjacent" shall mean sewer extended to and through the frontage or to and through the property to potential adjacent development. 15.03.040 SERVICE BEYOND CITY LIMITS. (a) General Policy. It is the general policy of the City of Bremerton that properties located outside the City limits annex into the City before wastewater utility services are provided to those properties. For the purpose of this section, "service" means extensions of and/or service connections to City wastewater utilities to property located outside City limits. "Extension" means to modify, expand, or extend the existing City wastewater infrastructure such as sewer mains and related appurtenances. This policy does not apply to water utilities. Exceptions to this policy are set forth in subsection (b) of this section. (b) Exceptions. In cases where an owner of property located outside the City limits requests extension of utility service, the City Council may, in its sole and absolute discretion, provide wastewater utility services to those properties if the property owner executes an outside utility agreement pursuant to the provisions set forth in subsection (d) of this section and: (1) Annexation Not Feasible. In cases where the City Council determines that annexation of a property located within the City’s urban growth area is not currently feasible; or (2) Failed Systems. In cases where an existing septic system serving property has failed, and: (i) The Health District local health official certifies that an existing septic system has failed and is physically incapable of being repaired or replaced in a manner meeting applicable health standards; and (ii) Connection is shown to be necessary to protect basic public health and safety and the environment; and (iii) For property located outside an urban growth area, the utility services provided by the connection are financially sustainable at rural densities and do not permit urban development pursuant to RCW 36.70A.110(4); or (3) Other Circumstances. In any other circumstances where the City Council determines, at its sole and absolute discretion, that it is necessary or appropriate to allow the provision of wastewater utility service. (c) Existing Utilities. Nothing in this section is intended to abrogate any existing wastewater utility systems currently in existence outside the City limits. The City does not intend to terminate any wastewater utility service outside the City limits that is in existence as of the effective date of the ordinance codifying this section. For purposes of this chapter, "in existence" means the property is currently receiving utility service and/or has a fully signed, valid, City utility service agreement. However, the City will not provide new wastewater utility services to property from existing wastewater utilities located outside the City limits except: (1) As provided in subsection (b) of this section; or (2) A new service connection to a single parcel of property from a fronting sewer main pursuant to BMC 15.03.080 that does not modify, expand, or extend the City’s wastewater utility infrastructure such as sewer mains and related appurtenances; or 3 Chapter 15.03 BMC (3) New utility services from an existing City wastewater utility system as established by a local improvement district (LID) to property that is subject to the LID. To receive any of these new services, the property owner must execute an agreement pursuant to the provisions set forth in subsection (d) of this section. The Director of Public Works and Utilities is authorized to approve utility service pursuant to subsections (c)(2) and (3) of this section. (d) Outside Utility Agreement. In the event that the City Council determines, pursuant to subsection (b) of this section, to provide wastewater utility services beyond the City limits, the owner of the property for which service is authorized must execute an outside utility agreement with the City providing for the owner granting to the City of Bremerton a limited power of attorney to include owner’s consent to annexation of the property as part of any notice of intent or petition for annexation presented to the City of Bremerton. (e) The Director of Public Works and Utilities shall review the application for services and forward the same, together with the Director’s recommendation, to the City Council for review and determination under subsection (b) of this section. 15.03.050 SERVICE - MANDATED. Any premises within two hundred (200) feet of a City wastewater system where sewage originates and where the Health District local health officer has determined that a wastewater service connection is required in order to protect public health and safety shall be required to connect to the City wastewater system. The Health District local health officer shall serve the owner with a written notice requiring the connection. A copy of such notice shall be provided to the Department. Such connection shall be made within the time limit as provided for in the notice. Where connection to City wastewater system is required, the connection shall be made in accordance with the Engineering Design and Construction Standards. Whenever connection to the wastewater system is required, the property owner shall be required to remove any connections to cesspools, septic tanks, or other on-site wastewater disposal facilities and install a direct connection to the wastewater system. All abandoned facilities shall be back-filled by the property owner as required by the Health District local health officer within thirty (30) days from the time of connection to the City’s wastewater system or sooner if such facility constitutes a health hazard or public nuisance. The Department is authorized and directed to begin billing and collecting at the time of connection for all wastewater system service charges or sixty (60) days after written notice is served by the Health District local health officer, whether or not the owner has completed connection to the City’s wastewater system. If the owner fails, neglects, or refuses to connect the property, building, or premises to the wastewater system within the time specified by the notice, the City may make such connection. The cost of the connection shall be assessed against the property and shall become a lien. The City is authorized, empowered, and directed to collect the cost of the connection by either foreclosure of the lien or by a suit against the owner. 15.03.060 CONDITIONS OF SERVICE - BULK TRANSPORT. No person shall discharge materials from a mobile tank into the City wastewater system except at points designated by the Director. Discharge of materials transported from sources 4 Chapter 15.03 BMC outside the wastewater area, and from commercial or industrial sources wherever located, may be prohibited at the discretion of the Director. Prior to discharge of materials from a mobile tank, a Department manifest shall be completed and submitted to the Department, identifying source, quantity, and nature of the materials to be discharged. A charge shall be made as provided in BMC 15.06.060, Miscellaneous Fees and Charges. This charge may include, but not be limited to, discharges containing sewage or leachate from landfills, septic tanks, cesspools, chemical toilets, or similar sewage receptacles. 15.03.070 WASTEWATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS - GENERAL. All wastewater sewers and appurtenances shall be installed by the Department or a contractor licensed in accordance with the provisions of this chapter in compliance with the Engineering Design and Construction Standards and local, state and federal regulations. No connections shall be made to new sewer mains until all acceptance documentation has been received and approved by the Department. Required documentation includes record drawings, deeds of conveyance, easement(s) and any warranty bond(s). All wastewater system extensions shall be installed along the entire frontage of the premises or plat to be served. The Department may, at its option, require installation of sanitary sewers larger than the minimum sizes specified in the Engineering Design and Construction Standards to provide for adequate capacity within the wastewater system. The Department is authorized to enter into cost sharing agreements to contribute to the cost for larger sanitary sewers or other improvements based upon the wastewater system comprehensive plan. Upon completion of a new wastewater system extension, owners of premises adjacent to or within two hundred (200) feet of the wastewater system who are being supplied with City wastewater services through a private sewer or connection shall make application for a new utility service agreement and shall install a separate service connection to the new sanitary sewer. Service from private system shall be discontinued ninety (90) days following completion of the new main. 15.03.080 SERVICE CONNECTIONS. All service connections shall be installed by the Department or by a contractor licensed in accordance with the provisions of this chapter in compliance with the Engineering Design and Construction Standards. The service connections shall be extended at right angles from the wastewater system to a point adjacent to the property line and shall be maintained by and kept within the exclusive control of the City. Whenever an applicant requests wastewater service to a premises with no fronting sewer main, a standard sewer main shall be required to be installed as a prerequisite to connection to the wastewater system. Every parcel under separate ownership connected to the wastewater system shall be required to install a separate service connection to the wastewater main, and the premises so supplied will not be allowed to provide service to any other premises. However, these restrictions shall not apply to existing connections unless improvements are done to the parcel and a separate sewer lateral can be installed for twenty-five percent (25%) or less than the total improvement cost of the project, or in the judgment of the Director, such existing connection should be 5 Chapter 15.03 BMC discontinued. When a single parcel of land having more than one (1) residential structure served by a single connection is subdivided, the installation of new connections shall be required for the structures on the newly established lots. The application for service will be filed prior to the approval of the subdivision. Separate services will be consistent with the provisions of this chapter. 15.03.090 CONNECTION OWNERSHIP. All connections from the wastewater main to the property line shall be and remain the property of the City and will not be removed unless service to the premises is discontinued or abandoned. Connections shall not be removed or in any way disturbed except by, or as approved by the Department. 15.03.100 WASTEWATER SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense a manhole in the side sewer to facilitate observation, sampling, and measurement of the wastewater strength and flow. The manhole shall be located as approved by the Department and constructed in accordance with the Engineering Design and Construction Standards. Once each year, the Wastewater Manager shall assign a "typical" waste strength to each Commercial I through VII class as defined in BMC 15.01.020, except for a "verified strength," for purposes of determining user charges. Users in the verified strength class will have their strength determined by direct periodic composite sampling and analysis. Composite samples shall be collected and analyzed at the owner’s expense. To be eligible to be charged as a verified strength user, the owner must have the discharge(s) to the wastewater system structured in such a way that sampling of the discharge(s) can be reasonably achieved without contamination or dilution by other discharges. If special provisions are required to achieve discharge sampling, such provisions shall be made at the owner’s expense. 15.03.110 PRELIMINARY TREATMENT FACILITIES. Preliminary treatment may be required by the City if the biochemical oxygen demand (BOD) or total suspended solids (TSS) of the sewage, industrial waste, or wastewater exceeds two hundred (200) parts per million (1,000,000) by weight, exceeds local limits, or contains prohibited discharges as defined herein, or exceeds other applicable standards or regulations. High conductivity discharges will be carefully evaluated for discharge into the City’s sewer system. Saltwater discharges can cause corrosion, exacerbate odor problems in the treatment plant, interfere with analysis of samples, and could affect the City’s ability to reclaim the wastewater for other uses. Such preliminary treatment facilities shall be approved by the Department and constructed, operated, and maintained by the owner at the owner’s expense. The daily maximum pollutants allowed into the wastewater system from any service shall not exceed the following limits: Arsenic 0.10 mg/L Cadmium 0.10 mg/L Chromium (total) 1.0 mg/L Chromium 0.25 mg/L 6 Chapter 15.03 BMC (hexavalent) Conductivity 6.00 mS/cm Copper (total) 0.75 mg/L Lead 0.25 mg/L Mercury (total) 0.010 mg/L Molybdenum 1.0 mg/L Nickel 0.60 mg/L Selenium 0.10 mg/L Silver (total) 0.20 mg/L Zinc 2.0 mg/L Cyanide (total) 0.64 mg/L Cyanide (free) 0.20 mg/L Ammonia 50.0 mg/L Benzene 0.07 mg/L Ethyl benzene 1.70 mg/L Toluene 1.40 mg/L TPH 50.0 mg/L pH 6.0 - 10.0 Any commercial user that exceeds any of the above limits shall have an appropriately sized, properly installed, regularly maintained and sufficiently documented type of treatment device in place to help reduce the strength of their sewer discharge. For the purpose of conductivity, exceeding the limit of 6.0 mS/cm shall mean continuous average equal to or exceeding 6.0 mS/cm for any thirty (30) day period. Failure to comply with the installation of the required treatment device within ninety (90) days of notification shall be cause of the discontinuance of the water service to the premises. 15.03.120 BACKWATER VALVES. When a premises discharges wastewater into a force main or pressure main or wherever a situation exists involving an unusual danger of backflow, a backwater valve shall be required and shall be installed in a manner accessible for maintenance per Engineering Design and Construction Standards. The installation and effective operation of the backwater valve shall be the sole responsibility of the owner connecting to the wastewater system. The installation shall meet the requirements of the Engineering Design and Construction Standards. 15.03.130 ABANDONMENT. When a property owner demolishes or removes a building which was connected to the wastewater utility collection system, the owner shall be required to expose and plug the side 7 Chapter 15.03 BMC sewer at the property line in accordance with the Engineering Design and Construction Standards. A sewer cap permit is required to perform this work. 15.03.140 WASTEWATER SYSTEM OPERATION AND MAINTENANCE - GENERAL. The Department shall be responsible for the operation, maintenance, and repair of the wastewater system and appurtenances under its jurisdiction and located within the public right- of-way, dedicated utility easements, and City owned property. The Department shall not be responsible for servicing private systems connected to the wastewater system, except as provided in this chapter. When maintenance, repair, or replacement of wastewater system is required due to user activity resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this chapter, any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. 15.03.150 INTERRUPTION OF SERVICE - EMERGENCY. The Department may restrict the use of the wastewater system through regulation or control of the use whenever an emergency exists affecting the wastewater system, or for the purpose of making repairs, extensions, or any other necessary work. Whenever reasonable, and in cases where it has advance knowledge, the Department will provide notice of such emergency using appropriate methods of communication, setting forth any limitations on the use of the wastewater system that may be deemed necessary for public health and safety. The City shall not be held responsible for any damage to private property resulting from interruption, failure of the wastewater system, or failure of the property owner to comply with the provisions of this code. 15.03.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department shall be responsible for the integrity, safety, and continuity of the wastewater system. As a condition of the utility service agreement the property owner shall grant the Department the authority to make inspections at any reasonable time if the Department or other appropriate agency has reasonable cause to believe there exists on premises a nonconforming, illegal, unauthorized, or unsafe condition or to verify no such condition exists. The Director may enter onto such property to inspect the condition or to perform any duties imposed upon the Department by this code, provided the Department shall first make reasonable efforts to contact the owner or person responsible for such property. The Department shall have recourse to every remedy provided by law to secure entry and abate the conditions. Such remedies may include, but not be limited to, securing property owner’s corrections; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies that may be available under this title and regulations and procedures adopted hereunder. Any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. 8 Chapter 15.03 BMC 15.03.170 REPAIR OF PRIVATE SYSTEMS. Whenever any private wastewater system connected with the City’s wastewater system becomes obstructed, broken, or in need of repair, the owner shall make all repairs within five (5) days after notification by the Health District local health officer or Director. If the owner fails to make repairs within the five (5) day period, the Director , may terminate the wastewater service by termination of the water service to the property being serviced by the subject property. When two (2) or more houses or buildings are connected to the same private sewer, the owners shall be jointly and severally liable for work done by the City. If the repairs are not constructed and completed in accordance with the provisions of this code and/or in compliance with the approved permit, and/or in accordance with the current Engineering Design and Construction Standards, and if the contractor or person doing the work shall refuse to properly construct and complete such work, notice of such failure or refusal shall be given to the owner of the property, for whom the work is being done, as herein provided. The Director may abate the condition, by either causing the correction to be completed in the proper manner, or by termination of the water service until the correction is made. Any expense incurred by the City to abate such condition shall be the responsibility of the owner(s), in accordance with the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. 15.03.180 EXCESSIVE DISCHARGE. When excessive discharge periodically overloads the capacity of the side sewer supplying service to any premises, the Director shall determine the size of the side sewer from the main necessary to give proper sewer service without damage to the system or causing sewer overflow. The City shall notify the property owner of the required change in the size of the side sewer installation. The replacement of the side sewer shall be at the expense of the property owner. Failure on the part of the property owner to comply with the request within thirty (30) days shall be cause for the termination of wastewater service by termination of the water service to the property being serviced by the subject property. 15.03.190 WASTEWATER SYSTEM CLEANING. All side sewer cleaning contractors and/or plumbers and owners engaged in cleaning existing side sewers (as distinguished from plumbing and septic tank facilities) shall notify the Department prior to beginning such operations. 15.03.200 CHANGED SITE CONDITIONS. When an existing structure is removed and a new structure is constructed on the same parcel of property, a new utility service agreement is required. Any existing side sewer will need to meet the current Engineering Design and Construction Standards. The sewer lateral shall be videoed and approved by the Director for reuse. Any existing side sewer determined to be substandard must be replaced as directed by the Director, at the owner’s expense. 15.03.210 PROHIBITED ACTS. It shall be unlawful for any person to violate the following: (a) Tampering. It shall be unlawful for any person, unless duly authorized by the Department, to disturb, interfere with, or damage any wastewater system, including pipe, machinery, or tools, or buildings, improvements, or other appurtenances belonging to, connected with, or under the jurisdiction of the Department. 9 Chapter 15.03 BMC (b) Prohibited Discharges. It shall be unlawful for any person to deposit in any manhole, lamp hole, flush tank, or sewer opening: (1) Any garbage, rubbish, dead animals, or any substance which will obstruct, or have a tendency to obstruct, the flow of any sewer system. (2) Discharges containing toxic, poisonous, or flammable solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage collection or treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plants. (3) Any strong acid waste, strong alkaline waste or other waste with corrosive properties capable of causing damage or hazard to the structures, equipment, or personnel of the City. (4) Any waste that: (i) Contains polar and nonpolar fats, oils and greases in amounts that cause a visible sheen on the discharge or in the public sewer system; (ii) Causes a build-up of grease in any public sewer facility; (iii) Causes an obstruction of the public sewer system; (iv) Is found to contain more than one hundred (100) parts per million (1,000,000) by weight of fats, oils and grease as measured using analytical procedures established in 40 CFR Part 136; or (v) Any discharge that violates Chapter 15.05 BMC, entitled "Fats, Oils and Grease." (5) Overflows from unpolluted water storage facilities. (6) Clear water from refrigeration, reverse-cycle heat pumps, and cooling or air- conditioning equipment installed hereafter, except for the periodic draining and cleaning. (7) Steam exhaust or blow-off, or any heated water until the temperature thereof has been reduced to less than one hundred (100) degrees Fahrenheit. (8) Waste containing suspended solids and/or inorganic materials of such character and quantity that unusual attention or expense is required to handle such materials in the sewer system or at the wastewater treatment plant. (9) Any obnoxious or malodorous gas or substance capable of creating a public nuisance. (10) Any septic tank wastes or portable holding tank waste. (11) Any new stormwater discharges. (12) Any discharge of food waste through a commercial disposal unit into a grease interceptor. Any existing sites that are found to have food waste disposal units will have ninety (90) days to remove the units after notification. (13) Any catch basins that collect wastewater runoff from dumpsters serving food service establishments that flow into the stormwater system or wastewater system. Such flow will need to be redirected to flow into a grease interceptor and connect into a sanitary system, unless another plan is approved by the Director. Maximum surface area allowed to flow into the collection system will be two hundred (200) square feet. (14) Any single service discharge that exceeds the following daily maximum pollutant limits:** Arsenic 0.10 mg/L 10 Chapter 15.03 BMC Cadmium 0.10 mg/L Chromium (total) 1.0 mg/L Chromium (hexavalent) 0.25 mg/L Copper (total) 0.75 mg/L Lead 0.25 mg/L Mercury (total) 0.010 mg/L Molybdenum 1.0 mg/L Nickel 0.60 mg/L Selenium 0.10 mg/L Silver (total) 0.20 mg/L Zinc 2.0 mg/L Cyanide (total) 0.64 mg/L Cyanide (free) 0.20 mg/L Ammonia 50.0 mg/L Benzene 0.07 mg/L Ethyl benzene 1.70 mg/L Toluene 1.40 mg/L TPH 50.0 mg/L ** Businesses that follow BMPs (best management practices) for their industry can petition the City for a higher limit. This will be limited to businesses contributing less than one percent (1%) of the total flow to the City’s wastewater system and treatment plant. 15.03.215 LOW PRESSURE SEWERS. Low pressure sewers may be constructed in an area where, in the opinion of the Director, it is impractical to construct gravity sewers and the cost will not be a factor. Low pressure sewers shall be designed and constructed in accordance with the Engineering Design and Construction Standards. The pump and enclosures shall be owned and operated by the City. The owner shall be financially responsible for and shall own and operate all the electrical installation and all piping and conveyance facilities to the property line. 15.03.220 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to BMC 1.12.020, Penalties. 11 Chapter 15.03 BMC SECTION 1. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. 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 validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2019. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2019. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2019. EFFECTIVE the ________ day of ______________________, 2019. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Public Works & Utilities\Chapter 15.03 Final 7-10-19.docx Council District 1 Pat Sullivan Council District 2 Leslie Daugs Council District 3 Kevin Gorman Council District 4 Lori Wheat Council District 6 Richard Huddy