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HomeMy WebLinkAbout09/11/2019 STUDY SESSION PACKETCITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 I Phone (360) 473-5280 ***AMENDED*** SEPTEMBER 11, 2019 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public, but there will be no opportunities for input or participation; no action is anticipated; and the content of these items is subject to change. If approved by Council, the items will be placed on the September 18, 2019 Council Meeting Agenda: A. BRIEFINGS ON AGENDA ITEMS 1. Contract Modification No. 1 to the Professional Services Agreement with Peripheral Vision Communications d/b/a FIFO Networks, Inc. for Lease Site and Water Utility Communications Assistance 2. 2019-2021 Safe Routes to School Grant Acceptance; and WSDOT Local Agency Agreement for Bremerton School Zone Safety Improvements Project 3. 2019-2021 Transportation Budget State Funding Acceptance; and WDOT Local Agency Agreement for SR 303 Warren Avenue Bridge Pedestrian Improvements Project 4. Interlocal Agreement with Kitsap County and Port of Bremerton for Snow Plowing within the Olympic View Industrial Park 5. Purchase of 2020 Ford Police Interceptor from Columbia Ford of Longview, WA 6. Ordinance amending Title 15 of the Bremerton Municipal Code entitled "Municipal Utilities" 7. Acceptance of the Lodging Tax Advisory Committee's FY -2020 Funding Recommendations B. GENERAL COUNCIL BUSINESS Other General Council Business C. EXECUTIVE SESSION 15 -Minutes to discuss "Potential Litigation or Legal Risks of Proposed Action" allowed under RCW 42.30.110(1)(i) — Subsection (C) Action is anticipated... D. ADJOURNMENT OF STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Modification No. 1 to the Professional Services Agreement with Peripheral Vision Communications d/b/a FIFO Networks, Inc. for Lease Site and Water Utility Communications Assistance m 'i Study Session Date: September 11, 2019 COUNCIL MEETING Date: Seatember 18. 2019 Department: Presenter: Phone: Public Works Melinda Monroe (360) 473-5306 SUMMARY: Beginning in 2014, the City of Bremerton entered into an agreement with Peripheral Vision Communications to provide: recommendations regarding the land valuation and use; recommendations on easement purchases; review and recommendations of water system communications; review and recommendations on site lease agreements. The City of Bremerton would like to continue to utilize Peripheral Vision Communications for on-going site lease activities and water system communications. ATTACHMENTS: 1) Peripheral Vision Communications, d/b/a/ FIFO Networks, Inc. Professional Services Amendment 2) Exhibit B - Schedule of fees 3) Original Contract FISCAL IMPACTS (Include Budgeted Amount): The total contract not to exceed amount is $30,000. The contract has a balance remaining of $9,113 rolled over from the original not to exceed amount of $24,500. There is no impact to the 2019 budget and the increase of $5,500 is included in the 2020 budget. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Peripheral Vision Communications d/b/a FIFO Networks, Inc. for the Site Lease and Water Utility Land use consultancy; 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 CONTRACT MODIFICATION AGREEMENT NO. I BETWEEN THE CITY OF BREMERTON AND PERIPHERAL VISIONS D/B/A FIFO NETWORKS, INC. PROJECT Lease Site and Water Utility Communications Assistance CONSULTANT Peripheral Visions d/b/a FIFO Networks, Inc. DATE August 29th, 2019 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and Peripheral Visions d/b/a FIFO Networks, Inc. on April 26th, 2016 contract number 5568 All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: Section IL Term , is modified as follows: The original contract was to terminate June 30, 2017. The parties agree that the termination date shall be extended via this Contract Modification Agreement to October 31, 2020. Section III. Compensation , is modified as follows: The contract not to exceed amount has been increased by $5,500, for a new not to exceed amount of $30,000. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B, which is incorporated herein by this reference. The previous fee schedule is hereby replaced with this provision. Section VI. Insurance in the original contract is retracted and replaced with the below: VL 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. 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 Page 1 of 3 Contract Modification Rev. 07/18 operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 2. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any 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. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. Page 2 of 3 Contract Modification Rev. 07/18 This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process PERIPHERAL VISIONS D/B/A FIFO NETWORKS, INC. By: Print Name: Its: Date: APPROVED AS TO FORM: By: ROGER A. LUBOVICH, Bremerton City Attorney NOTICES TO BE SENT TO: RALega1\Lega1\Forms\F0RMS ON COBWEB\Contract Modification Rev. 07 2018.docx Page 3 of 3 Contract Modification Rev. 07/18 (Initials and Date) THE CITY OF BREMERTON By: Print Name: Its: Date: ATTEST: By: ANGELA WOODS, City Clerk NOTICES TO BE SENT TO: Melinda Monroe Contracts Administrator City of Bremerton Finance Dept. 645 6th Street, STE 100 Bremerton, WA 98337 360-473-5306 Exhibit B: Fee Schedule for FIFO Networks, Inc. Lease Site and Water Utility Communications Assistance September 1, 2019 Per Section III of the Agreement, Consultant shall be compensated for the Scope of Work Described in Exhibit A as follows: 1) Services approved by the City shall be paid for a on a time and materials basis according to the following schedule: Hourly Rate: $200.00/hour Mileage: Standard GSA mileage approved by the IRS 2) Total Compensation, including mileage, shall not exceed $30,000 during the term of this agreement. 3) Consultant shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process claim for payment. Out of scope services: Any out -of -scope services approved by the City shall be paid for on a time and material basis according to the above schedule with evidence that the City approved such services. PROFESSIONAL SERVICES AGREEMENT Lease Site and Water Utility Communications The City of Bremerton ("City") and Peripheral Vision Communications ("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 January 1, 2016, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement and terminates June 30, 2017 unless terminated earlier per section IX. 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. Extensions may be negotiated, per the terms and conditions of this agreement, upon mutual agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $24,500. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B 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 B. 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 B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 2 of 7 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 -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 3 of 7 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 6`h Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Maple Valley, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 4of7 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 Maple Valley, 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 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address City Clerk City of Bremerton 345 6d' Street, Suite 600 Bremerton, WA 98337-1873 Consultant Address Bob Young Peripheral Vision Communications, Inc. 23410 SE 242"d Street Maple Valley, WA 98038 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 5 of 7 L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 6 of 7 B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON Approved as to form: Bremerton City Attorney R:\Legal\Legal\Contracts\FORMS\Professional Services Agreement Form (2016).doc Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 7 of 7 PERIPHERAL VISION COMMUNICATIONS, INC. ,1, `Y� By: tYor3 yotr ffG- its: 0'�A E /"/ i Date: WA 2-1/2- d / � Attest: City Clerk EXHIBIT A Scope of Work Lease Site and Water Utility Communications Assistance April 1, 2016 Background: The City of Bremerton has a number of existing commercial communications site leases located within its Water Utility forest lands and within the urban area of Bremerton that generate revenue for both Water and General fund functions. Additional sites may also have the potential for development of electronic communications facilities. The City's Water Utility also operates SCADA communications for its water system via wireless communications, leased telephone lines, and fiber optic systems. The City wishes to take full advantage of both existing and potential commercial communication lease sites, as well as maintaining and improving its own communication system. It is recognized by the City that assistance in the form of technical and commercial valuation expertise is needed to accomplish these goals. City staff has worked previously with Peripheral Vision Communications and is confident that this company has the knowledge and ability to assist the City in this area. Deliverables: It is recognized by the City that occasional assistance will be required by the Consultant in, but not limited to, the following areas: 1. Review and recommendations on individual lease agreements 2. Review and recommendations regarding compensation for commercial leases 3. Review and recommendations on offers of easement purchase 4. Technical review of proposals 5. Review and recommendations on water system communications 6. General review of the City's communication site lease program and recommendations for improvement The above deliverables will be requested on a will -call basis by the City. Responses to City requests shall be in writing and delivered within a mutually agreeable time. EXHIBIT B Fee Schedule Lease Site and Water Utility Communications Assistance April 1, 2016 Basic Compensation: For the Scope of Work described in Exhibit A, Consultant shall be compensated as follows: A. Services approved by the City shall be paid for on a time and materials basis according to the following schedule: Hourly Rate $165.00/hour Mileage Standard Rate/mile as set by the IRS B. Total compensation, including mileage, shall not exceed $24,500 during the term of this agreement. C. Consultant shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process claim for payment. Out of Scope Services: Any out -of -scope services approved by the City shall be paid for on a time and materials basis according to the above schedule. AMERICAN CASUALTY COMPANY OF READING, PA P.O. BOX 946350 MAITLAND FL 32794-6350 NOTICE OF CANCELLATION OF INSURANCE Named Insured & Mailing Address: PERIPHERAL VISION COMMUNICATIO 23410 SE 242ND ST MAPLE VALLEY WA 98038 Policy No.: 4012242141 Type of Policy: CNA CONNECT Date: 08/22/2016 Producer: 0500750160000 CS&S/ BELL -ANDERSON AGENCY INC. 600 SW 39TH ST., SUITE 200 RENTON WA 98057 This notice is a confirmation that the referenced policy was "cancelled flat" on the policy period effective date of 08/22/2016 pursuant to the request by you, your agent or premium finance company or due to your actions as understood by us that you did not want the proposed new or renewal policy. As a result, no coverage was provided for the period noted. A copy of this notice is also being provided to other interested parties if applicable. If you have questions regarding this notice, please contact our Customer Support Center at 877-276-7507. Other Party of Interest 000045 ACCOUNT # 3013084334 CITY OF BREMERTON 100 OYSTER BAY AVE NORTH BREMERTON WA 98312 Date VANESSA PARKER 0 o s s WACF19 FORM# CFWA 08052016MNNY oDEN 3.0.16.06a Copy for Other Interests Page 1 of 1 -'� ('n "�' ACC o® CERTIFICATE OF LIABILITY INSURANCE D8 a/�%2o1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CCOONNT CT Cindy Slater -Rogers, CISR PHONED (42$)291-$2OO A/C No): (425)291-5100 Bell Anderson Agency, Inc. 600 SW 39th St, Suite 200 RECEIVED E-MAIL ADDRESS:cindys@bell-anderson.com INSURER(S) AFFORDING COVERAGE NAIC # James Hunt/CLS INSURERA:The Hanover Insurance Company HIC Renton WA 98057 AIM 0 4 Z INSURED INSURER B: INSURERC: PERIPHERAL VISION COHMUNICATIONS INC City of Bremerton Risk Management 23410 SE 242ND STREET INSURER D: INSURER E: INSURERF: MAPLE VALLEY WA 98038 COVERAGES CERTIFICATE NUMRERCL168417790 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE L U POLICY NUMBER POLICY EFF MMI POLICY EXP MWD LIMITS Bremerton, WA 98312 X COMMERCIAL GENERAL LIABILITY James Hunt/CLS EACH OCCURRENCE $ 2,000,000 A CLAIMS -MADE OCCUR DAMAG PREMISES EaE TO Eoccurrence $ MED EXP (Any one person) $ 10,000 OB2A998213 8/22/2016 8/22/2017 PERSONAL & ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ❑ PRO JECT F] LOC PRODUCTS - COMP/OP AGG $ 4,000,000 Employee Benefits $ 25,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident NON -OWNED HIRED AUTOS AUTOS $ UMBRELLA LIAS OCCUR EACH OCCURRENCE $ _ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ISTERERH E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) The certificate holder is additional insured for general liability, but only if required by written contract or written agreement. CERTIFICATE HOLDER CANCELLATION milenka.hawkins-bates@ci.b SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Public Works and Utilities Department ACCORDANCE WITH THE POLICY PROVISIONS. Milenka Hawkins -Bates AUTHORIZED REPRESENTATIVE 100 Oyster Bay Ave N Bremerton, WA 98312 James Hunt/CLS ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 0014nn A`OROr CERTIFICATE OF LIABILITY INSURANCE CJCJ V-o7'/'li'2i2o1'6."' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: CS&S/BELL-ANDERSON AGENCY INC. PHONE FAx (A/C,.No, Ext): (A/C. No): PO BOX 946580 r+ RECEIVE® EMAIL ADDRESS: Maitland, FL 32794-6580 INSURER(S) AFFORDING COVERAGE NAIC # 1-877-724-2669 SEP 2 0 7016 INSURER A: American Casualty Co of Reading,PA 20427 INSURED INSURER B: INSURER C: PERIPHERAL VISION COMMUNICATIO City of Bremerton INSURER D: 23410 SE 242ND ST Risk Management MAPLE VALLEY, WA 98038 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF MM/DD/YY POLICY EXP MM/DD/YY LIMITS A X COMMERCIAL GENERAL LIABILITY Y 4012242141 08/22/16 08/22/17 EACH OCCURRENCE $ 2 000 OOO CLAIMS-MADE X OCCUR DAMAGE TORENTED $ 300 000 PREMISES (Ea occurence) PREMISES MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2 OOU OOO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 RO- POLICY JECT X LOC PRODUCTS - COMP/OP AGG $ 4,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - (Ea accident) $ BODILY INJURY(Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ PROPERTY DAMAGE NON-OWNED HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS-MADE DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY WN STATUTE I ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandator in NH y If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ OTHER PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ ' DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach Acord 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION City of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 100 Oyster Bay Ave North Bremerton, WA 98312 AUTHORIZED REPRESENTATIVE 5 C PL.- -11 (3 /1(( © 1988-2014 ACORD CORPORATION. All rights reserved. CORD 25 (2014/01) The ACORD name and loao are reaistered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY)6/27/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Cindy Slater -Rogers, AINS PHONE (425)291-5200 FA A/C No: (425)291-5100 EMI; I Bell Anderson Agency, Inc. ADDRIESS:cindys@bell-anderson.com 600 SW 39th St, Suite 200 INSURERS AFFORDING COVERAGE NAIC # EACH OCCURRENCE $ 2,000,000 INSURERA:Citizens Insuran Of America 31534 Renton WA 98057 INSURED INSURERB: INSURERC: -60 PERIPHERAL VISION INSURERD: COMMUNICATIONS INC 11100 SE PETROVITSKY RD #D105 INSURERS: INSURER F : CI RENTON WA 98055 COVERAGES CERTIFICATE NUMBER:CL1862729909 R: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NA FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I -XI OCCUR OB2A998213 8/22/2018 8/22/2019 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY F PRO ❑ LOC JECT OTHER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 PDLL $ 300,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS - COMBINED SINGLE LIMIT $ Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA I PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The certificate holder is additional insured for general liability, but only if required by written contract or written /agreement. L:9J GtK I RIGA I t HL)LUtK GANGtLLA I IUN milenka.hawkins-bates@ci.b City of Bremerton Public Works and Utilities Department Milenka Hawkins -Bates 100 Oyster Bay Ave N Bremerton, WA 98312 ACORD 25 (2014/01) I NS025 (901401) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C Slater -Rogers, AINS�j ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUBJECT: 2019-2021 Safe Routes to School Grant Acceptance; and WSDOT Local Agency Agreement for Bremerton School Zone Safety Improvements Project AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: A2 September 11, 2019 September 18, 2019 Engineering Chris Dimmitt Phone: (360) 473-2307 SUMMARY: The City has been awarded a Safe Routes to School Grant to design and construct school zone safety improvements at the following schools: Armin Jahr Elementary, Crownhill Elementary, John D. "Bud" Hawk Elementary, Mountain View Middle School, and Naval Ave Elementary. The improvements include speed feedback signs, flashing beacons, and school speed zone signage. The grant funds total $244,000 and require no City match. 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 Agency Agreement (blank) FISCAL IMPACTS (Include Budgeted Amount): This project is included in the Transportation Projects Fund and is 100% grant funded. Total project budget is $244,000. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept Safe Routes to School Grant; and approve the Local Agency Agreement with WSDOT for the Bremerton School Zone Safety Improvements Project, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action Aft Washington State �A f Department of Transportation June 18, 2019 Mr. Thomas Knuckey Interim Director City of Bremerton 100 Oyster Bay Avenue N Bremerton, Washington 98312 Dear Mr. Knuckey: Transportation Building 310 Maple Park Avenue S. E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY. 1-800-833-6388 www.wsdot.wa.gov Bremerton School Zone Safety Improvements 2019-21 Safe Routes to School Program State Funding AJ WSDOT is pleased to advise you that the above mentioned project was selected to receive funding through the Safe Routes to School program. 'I he state funding is limited as shown below: Bremerton School Zone Safety Improvements Scope: See attached project summary. $244,000 In order to meet state requirements, the following are required: ■ Project expenditures incurred before receiving notice from Local Programs of state fund authorization are not eligible for reimbursement. ■ Please refer to the Local Programs web page for detailed authorization information, including:(http:l!w��t�+.�vtici«i.��a.��fcn!localprn��ramsl} ✓ Local Agency Guidelines (LAG) manual for detailed requirements; ✓ Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP) amendments, as applicable; ✓ Funding and billing forms; ✓ Quarterly Project Report required to be completed by the end of March, June, September and December each year. To access the database you will need an account name and password. Your account name is � and your password is �= The password is case sensitive. As a reminder, Local Programs encourages all agencies to submit monthly progress billings to ensure timely reimbursement of eligible expenditures. For assistance please contact Bryan Dias, your Region Local Programs Engineer, at 360.357.2631. Sincerely, --� I�jp7��9-.lJ Kathleen B. B. Davis Director Local Programs Attachment KBD:st:sas cc: Kelly McGourty, Transportation Director, PSRC Bryan Dias, Olympic Region Local Programs Engineer, MS 47440 Project Summary Program: Safe Routes To School Date: May 2019 Agency: Bremerton Project Title: Bremerton School Zone Safety Improvements - Safe Routes to Schools Project Description: Speed feedback signs, flashing beacons, and school speed zone signage Detailed Project Description: Improvement locations listed with associated schools 1. Speed Feedback Signs a. Armin Jahr Elementary School (1 sign) i. On McClain Ave, south of E 31St St b. Crownhill Elementary School (2 signs) I. On Marine Dr, between Bertha Ave and Lower Marine Dr (southern intersection) ii. On Marine Dr, between Rocky Point Rd NW and Lower Marine Dr (northern intersection) c. John D. "Bud" Hawk Elementary (2 signs) I. On Austin Dr, between Snoqualmie Pass St and vicinity of Higbee Rd d. Mountain View Middle School (2 signs) I. On Perry Ave, between Parker PI and Stone Way e. Naval Avenue Elementary School (2 signs) i. Naval Ave, between 8th St and 10th St 2. Flashing Beacon (2 beacons) a. Crownhill Elementary I. Marine Dr, between Rocky Pt Rd and Lower Marine Dr (northern intersection) ii. Marine Dr, between Bertha Ave and Lower Marine Dr (southern intersection) 3. School Speed Zone Signage a. Armin Jahr Elementary School i. McClain Ave, south of E 3111 St b. Crownhill Elementary School i. Marine Dr and Rocky Pt Rd to Lower Marine Dr ii. Rocky Pt Rd near 17th St c. Mountain View Middle School I. Perry Ave from Parker PI to Stone Way ii. Stone Way between Perry Ave and Trenton Ave Page 1 of 2 Prolect Schedule: Begin PE 10/2019 Environmental Documents Approved 12/2019 1 Right -of -Way Approved NA I Estimated Contract Ad 03/2020 Estimated Contract Award Date 04/2020 Open to Traffic 08/2020 Prosect Cost and Award Amount: Phase Preliminary Engineering Right -of -Way Construction Total Total Project Amount Requested Amount Awarded Cost $41,000 $41,000 $41,OOOW $ 203,000 $ 203,000 $ 203,000 $244,000 $244,000 $244,000 If you agree to the project summary described above, please sign below and return to Charlotte Claybrooke or Brian Wood. Concurrence: I agree to the project summary described above. Approving Authority Name (Print): 1 �^-�- f r _ Approving Authority Signature, Date: 5117 // t-,> Page 2 of 2 V � 7, 4-J fo 7, 7, AN 1a 111r1.,11, s m C: AN 10 AN Pb a fo `V ­A11H LL a 4 i lz iP APS TI; AN 1� 2 ]NUI LUC E any fD, 13 NI 7. H1H N 01 N ry = any a0 at clef N any uel io wed N IV P-4 p N -V 11-1n1 N IN 'a t 55 aN N DA -V "p, IN 'IN 1,1 1—b 1, N -1 'ico Lu + `Nv 1 -1 Ave La Y LL v 'Z— z Iv EN CL �Vl� E �1, s epl � Q6 Q 2 LU LU 0 CLLU 0 A IN Ic Adak Washington State Department of Tran s portal ion Local Programs State Funding Agency and Address Agreement (2) Estimated Agency Funds Work by Public PE Agencies Agreement Number Maximum Amount Authorized Location and Description of Work (See also Exhibit "A") Participating Percentage Project Number This AGREEMENT is made and entered into this day of , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE," and the above named organization, hereinafter call the "AGENCY." WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested financial assistance for the project or program, and WHEREAS, the AGENCY has requested funds for the above shown project or program, which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREE AS FOLLOWS: Type of Work Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated State Funds PE a. Agency b. Other c. Other d. State e. Total PE Cost Estimate (a+b+c+d) Right of Way f. Agency g. Other h. Other i. State J. Total R/W Cost Estimate (f+g+h+i) Construction k. Contract I. Other m. Other n. Other o. Agency p. State q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q) DOT Form 140-087 Page 1 Revised 06/2018 General The AGENCY agrees to perform the above described work in accordance with the Project Application attached hereto as "Exhibit A" and made a part of this AGREEMENT. Plans, specifications, and cost estimates shall be prepared by the AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherwise noted. The AGENCY will incorporate the plans and specifications into the AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract, or if the project is of a size which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington, the AGENCY may proceed with its own forces. All work performed under this AGREEMENT shall comply with the applicable provisions of state law. Payment The STATE, in consideration of the faithful performance of the work to be performed by the AGENCY, agrees to reimburse the AGENCY for the percentage of the actual direct and related indirect cost of the work shown above, up to the "MAXIMUM AMOUNT AUTHORIZED". The agency will comply with Governmental Accounting Auditing and Financial Reporting Standards and applicable state law and local regulations, policies and procedures. No payment will be made for work done prior to execution of this AGREEMENT. Partial payments shall be made by the STATE, upon request of the AGENCY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The AGENCY agrees to submit a final bill to the STATE within forty-five (45) days after the AGENCY has completed work. The AGENCY agrees that all costs in excess of the amount authorized and the AGENCY's matching funds shall be the responsibility of the AGENCY. IV Legal Relations No liability shall attach to the AGENCY or the STATE by reason of entering into this AGREEMENT except as expressly provided herein. V Nondiscrimination The AGENCY agrees to comply with all applicable state and federal laws, rules, and regulations pertaining to nondiscrimination and agrees to require the same of all subcontractors providing services or performing any work using funds provided under this AGREEMENT. VI Venue For the convenience of the parties to this AGREEMENT, it is agreed that any claims and/or causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the project or program with which it is concerned, shall be brought only in the Superior Court for Thurston County. VII Termination The Secretary of the Department of Transportation may terminate this AGREEMENT if the funding becomes unavailable or if the Secretary determines that it is in the best interest of the STATE. VIII Final Report and Final Inspection Within ninety (SO) days following the completion of the project and submission of the final billing for the project, a final report andlor final inspection shall be submitted to the Director, Highways & Local Programs containing the following information: Non -Capital Pr, ojects 1 A description of the project or program. A summary of actual costs of the project or program. An evaluation of the project or program. This should address aspects such as transportation and/or other benefits to the public. Ca ifal�Pro ects_ 1. A final inspection is required. III Audit IX The AGENCY agrees that an audit may be conducted by the STATE. Supplement During the progress of the work and for a period not less than three (3) This agreement may be modified or supplemented only in writing by years from the date of final payment to the AGENCY, the records and parties. accounts pertaining to the work and accounting thereof are to be kept available for inspection and audit by the STATE and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the three-year retention period. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY By: Title: Date: DOT Form 140-087 Revised 06/2018 STATE By: Date: Director, Local Programs Page 2 AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL SUBJECT: 2019-202 Transportation Study Session Date: September 11, 2019 Budget State Funding Acceptance; and COUNCIL MEETING Date: September 18, 2019 WSDOT Local Agency Agreement for Department: Engineering SR 303 Warren Avenue Bridge Pedestrian Presenter: Shane Weber Improvements Project Phone: (360) 473-2354 SUMMARY: The City has been offered funding through the 2019-2021 State Transportation Budget to design pedestrian improvements to the Warren Avenue Bridge (i.e. Port Washington Narrows Bridge). The funding amount is $1,500,000 and requires no City match. The design work includes preliminary engineering and permitting for pedestrian and bike improvements, deck resurfacing, and additional design on Warren Avenue to the south and north of the bridge. The funding agreement will utilize WSDOT Standard Forms, with their standard terms and conditions. ATTACHMENTS: 1) Award Letter 2) Site Plan, 3) Local Agency Agreement (blank) FISCAL IMPACTS (Include Budgeted Amount): The total project design budget is $1,500,000 and is included in the Transportation Capital Fund. The design is 100% funded with no City match. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to accept Transportation Budget State Funding, and approve the Local Agency Agreement with WSDOT for the SR 303 Warren Avenue Bridge Pedestrian Improvements 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 Adw Washington State WN Department of Transportation June 14, 2019 Mr. Thomas Knuckey Interim Director City of Bremerton 100 Oyster Bay Avenue N Bremerton, Washington 98312 f11X?11-) Transposiation Building 310 Maple Park Avenue S. E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY: 1-800-833-6388 www,wsdot.wa.gov SR 303 Warren Ave Bridge Pedestrian Improvements 2019-21 Transportation Budget State Funding Dear Mr. Knuckey: WSDOT is pleased to advise you that the above mentioned project was selected to receive funding through the 2019-21 Transportation Budget. The state funding is limited as shown below: SR 303 Warren Ave Bridge Pedestrian Improvements $1,500,000 Scope: Preliminary work on pedestrian and improvements to Warren Avenue Bridge. In order to meet state requirements, the following are required: ■ Project expenditures incurred before receiving notice from Local Programs of state fund authorization are not eligible for reimbursement. ■ Please refer to the Local Programs web page for detailed authorization information, including: (http://www.wsdot.wa.gov/localpro rg ams/) ✓ Local Agency Guidelines (LAG) manual for detailed requirements; ✓ Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP) amendments, as applicable; ✓ Funding and billing forms; ✓ Quarterly Project Report required to be completed by the end of March, June, September and December each year. To access the database you will need an account name and password. Your account name is :- and your password is �M The password is case sensitive. As a reminder, Local Programs encourages all agencies to submit monthly progress billings to ensure timely reimbursement of eligible expenditures. For assistance please contact Bryan Dias, your Region Local Programs Engineer, at 360.357.2631. Sincerely, Kathleen B. Davis Director Local Programs KBD: st: sas cc: Kelly McGourty, Transportation Director, PSRC Bryan Dias, Olympic Region Local Programs Engineer, MS 47440 a,�:. 4.•4 •'� d '� ^� ��i%'.,,�* ' ,i',_ � ..- -s ..__. � i""�y"R�w : I _ -. ��^^ �''A" w _ M � __ rv, a � Sheridan Road r:`� . __ � +,i ,rn�- ±w �► � - _ k ^n ' e14 Y Ga\ • t. d r> lam. .� co Lent Landing Park Sheridan Recreation Center _ v Lebo Blvd # . N Warren Avenue Olympic College .o 17th Sti e _ 15th Stre F y. _ Cu Cu •_ W fr, „ Lower Roto Vista Park et 11th Street 0. .` - T T ,...a. N• m.,0. _ _'MY. �' F .. SR 303 Warren Ave Bridge Legend Approach Improvements Pedestrian Improvements Evergreen Rotary Park Proposed Shared Use Path Allolk Washington State Department of Transportation Local Programs State Funding Agency and Address Agreement (2) Estimated Agency Funds Work by Public PE Agencies Agreement Number Maximum Amount Authorized Location and Description of Work (See also Exhibit "A") Participating Percentage Project Number This AGREEMENT is made and entered into this day of , between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE," and the above named organization, hereinafter call the "AGENCY." WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested financial assistance for the project or program, and WHEREAS, the AGENCY has requested funds for the above shown project or program, which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREE AS FOLLOWS: Type of Work Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated State Funds PE a. Agency b. Other c. Other d. State e. Total PE Cost Estimate (a+b+c+d) Right of Way f. Agency g. Other h. Other i. State J. Total RM Cost Estimate (f+g+h+i) Construction k. Contract I. Other m. Other n. Other o. Agency p. State q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q) DOT Form 140-087 Page 1 Revised 06/2018 General The AGENCY agrees to perform the above described work in accordance with the Project Application attached hereto as "Exhibit A" and made a part of this AGREEMENT. Plans, specifications, and cost estimates shall be prepared by the AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherwise noted. The AGENCY will incorporate the plans and specifications into the AGENCY's project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract, or if the project is of a size which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington, the AGENCY may proceed with its own forces. All work performed under this AGREEMENT shall comply with the applicable provisions of state law. I I Payment The STATE, in consideration of the faAful performance of the work to be performed by the AGENCY, agrees to reimburse the AGENCY for the percentage of the actual direct and related indirect cost of the work shown above, up to the "MAXIMUM AMOUNT AUTHORIZED". The agency will comply with Governmental Accounting Auditing and Financial Reporting Standards and applicable state law and local regulations, policies and procedures. No payment will be made for work done prior to execution of this AGREEMENT Partiaf payments shall be made by the STATE, upon request of the AGENCY, to cover costs incurred. These payments are not to be more frequent than one (1) per month It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The AGENCY agrees to submit a final bill to the STATE within forty-five (45) days after the AGENCY has completed work. The AGENCY agrees that all costs in excess of the amount authorized and the AGENCY's matching funds shall be the responsibility of the AGENCY. IV Legal Relations No liability shall attach to the AGENCY or the STATE by reason of entering into this AGREEMENT except as expressly provided herein. V Nondiscrimination The AGENCY agrees to comply with all applicable state and federal laws, rules, and regulations pertaining to nondiscrimination and agrees to require the same of all subcontractors providing services or performing any work using funds provided under this AGREEMENT. VI Venue For the convenience of the parties to this AGREEMENT, it is agreed that any claims and/or causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the project or program with which it is concerned, shall be brought only in the Superior Court for Thurston County. VII Termination The Secretary of the Department of Transportation may terminate this AGREEMENT if the funding becomes unavailable or if the Secretary determines that it is in the best interest of the STATE. VIII Final Report and Final Inspection Within ninety (90) days fallowing the completion of the project and submission of the final billing for the project, a final report and/or final inspection shall be submitted to the Director, Highways & Local Programs containing the following information: Non -Capital Projects 1 A description of the project or program. A summary of actual costs of the project or program. An evaluation of the project or program. This should address aspects such as transportation and/or other benefits to the public. Capital Projects 1. A final inspection is required. III Audit IX The AGENCY agrees that an audit may be conducted by the STATE. Supplement During the progress of the work and for a penod not less than three (3) This agreement may be modified or supplemented only in writing by years from the date of final payment to the AGENCY, the records and parties. accounts pertaining to the work and accounting thereof are to be kept available for inspection and audit by the STATE and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the three-year retention period. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY By: Title. Date: DOT Form 140-087 Revised 06/2018 STATE By: Date Director, Local Programs Page 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Kitsap County and Port of Bremerton for Snow Plowing within the Olympic View Industrial Park Study Session Date: September 11, 2019 COUNCIL MEETING Date: Seatember 18. 2019 Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The ILA provides for a cooperative effort between Kitsap County ("County"), Port of Bremerton ("Port') and the City of Bremerton ("City") in snow plowing of the roads within the Olympic View Industrial Park ("OVIP") if the responsible party cannot do so in a timely manner. The City and the Port have road maintenance responsibility for roads within the OVIP; Kitsap County has major Public Works functions located within the OVIP; and all three parties have road plowing capabilities. ATTACHMENTS: 1) Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): The City would be responsible for reimbursing the Port or County for the hourly wage and equipment costs associated with work under this ILA. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Kitsap County and Port of Bremerton for snow plowing within the Olympic View Industrial Park; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 ❑ Deny ❑ Table ❑ Continue ❑ No Action Interlocal Agreement between Kitsap County, Port of Bremerton and City of Bremerton Regarding Road Plowing within the Olympic View Industrial Park PREAMBLE This Interlocal Agreement (AGREEMENT) is by and between Kitsap County (COUNTY), a municipal corporation whose principal offices are located at 614 Division Street, Port Orchard, WA 98366, the City of Bremerton (CITY), whose principal offices are at Norm Dicks Government Center 345 6th St., Suite 100 Bremerton, WA 98337, and the Port of Bremerton (PORT), whose principal offices are at 8850 SW State Hwy 3, Bremerton, WA 98312. II. RECITALS WHEREAS, the CITY and the PORT have road maintenance responsibility for roads within the Olympic View Industrial Park, and WHEREAS, the COUNTY has major Public Works functions located within the Olympic View Industrial Park, including the Olympic View Transfer Station, the Household Hazardous Waste Facility and Public Works offices, and WHEREAS, all three parties have road plowing capabilities, and WHEREAS, the COUNTY, the PORT and the CITY now desire to enter into an AGREEMENT to provide a means for each party to assist the other/s in plowing of the roads within the Olympic View Industrial Park if the responsible party cannot do so in a timely manner. The Interlocal Cooperation Act, chapter 39.34 RCW, authorizes the parties hereto to enter into this AGREEMENT, and WHEREAS, this AGREEMENT consists of the following documents: Interlocal Agreement 2. Exhibit A: Olympic View Industrial Park Road Map NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: III. AGREEMENT Purpose The purpose of the AGREEMENT is to provide a mechanism for the COUNTY to plow PORT or CITY Roads within the Olympic View Industrial Park, the PORT to plow CITY roads with the Olympic View Industrial Park, and the CITY to plow PORT roads within the Olympic View Industrial Park. 2. Representatives No separate legal entity, joint venture or partnership is created or formed by this AGREEMENT. The following officials shall represent their respective party in all matters pertaining to the services to be rendered under this AGREEMENT. All requirements of the parties pertaining to the services and materials to be rendered under this AGREEMENT shall be coordinated through the listed representatives. A. Kitsap County — Assistant Director Public Works — Utilities David Tucker, PE dtuckera-co.kitsap.wa.us (360) 337-7292 B. City of Bremerton — Public Works Operations Manager Milenka Hawkins -Bates Milenka.Hawkins-Bates(a�ci.bremerton.wa.us (360) 473-5333 C. Port of Bremerton — Airport Manager Warren Hendrickson warren h(a)portofbremerton.org (360) 813-0828 If a representative listed above changes, the affected party will notify the other parties in writing of the new representative within 30 days. 3. Definitions A. CITY Roads — Imperial Way between State Route 3 and its first intersection with Barney White Road. Barney White Road between State Route 3 and Constance Drive B. PORT Roads — All roads within the Industrial Park not listed above as CITY roads. C. A map of the roads within Olympic View Industrial Park Road is attached as Exhibit A. 4. Communications A. Pre -Season — The representatives will communicate via phone conference or face to face each calendar year prior to October 1 st to review this agreement and make plans for the upcoming winter. B. Pre -Storm — The representatives will make every effort to communicate via phone conference, electronic mail, or face to face prior to any winter storm predicted to bring at least 1/2" of snow to the greater Bremerton Area to make plans for plowing the roads within the Olympic View Industrial Park. C. Pre -Plow — Prior to the CITY plowing PORT Roads, or the COUNTY plowing CITY or PORT roads, or the PORT plowing CITY roads, the party conducting the plowing will initiate communication with the party responsible for normal maintenance to obtain that party's permission to plow the roads. 5. Road Maintenance Responsibility A. The CITY remains responsible for the normal maintenance of the CITY roads, including plowing. B. The PORT remains responsible for the normal maintenance of PORT roads, including plowing. 6. Plowing of CITY roads by PORT or COUNTY at PORT or COUNTY request A. Prior to the PORT or COUNTY plowing any CITY road, the PORT or COUNTY shall contact the CITY to determine the CITY's plowing plan, priorities, and timelines. B. If the PORT or COUNTY and CITY agree that it would be more efficient for the PORT or COUNTY to plow the CITY roads within the Olympic View Industrial Park, the PORT or COUNTY shall plow the CITY roads and report back to the CITY when complete. No request for reimbursement shall be made for this work. 7. Plowing of CITY roads by PORT or COUNTY at CITY request If the CITY requires assistance from the PORT or COUNTY to plow CITY roads, the CITY may contact either the PORT or COUNTY to request assistance. If the PORT or COUNTY plows the roads, the party plowing may request reimbursement per section 10 of this AGREEMENT. The party plowing the roads shall notify the CITY when complete. 8. Plowing of PORT roads by CITY or COUNTY at CITY or COUNTY request A. Prior to the CITY or COUNTY plowing any PORT road, the CITY or COUNTY shall contact the PORT to determine the CITY's plowing plan, priorities, and timelines. C. If the CITY or COUNTY and PORT agree that it would be more efficient for the CITY or COUNTY to plow the PORT roads within the Olympic View Industrial Park, the CITY or COUNTY shall plow the PORT roads and report back to the CITY when complete. No request for reimbursement shall be made for this work. 9. Plowing of PORT roads by CITY or COUNTY at PORT request If the PORT requires assistance from the CITY or COUNTY to plow PORT roads, the PORT may contact either the CITY or COUNTY to request assistance. If the CITY or COUNTY plows the roads, the party plowing may request reimbursement per section 10 of this AGREEMENT. The party plowing the roads shall notify the PORT when complete. 10. Reimbursement A. The CITY shall reimburse PORT or COUNTY for the hourly wage, equipment costs, and overhead associated with plowing CITY roads if the CITY asks the PORT or COUNTY to plow them. No reimbursement shall take place if the PORT or COUNTY plows CITY roads without a CITY request to do so. B. PORT shall reimburse CITY or COUNTY for the hourly wage, equipment costs, and overhead associated with plowing PORT roads, if the PORT asks the CITY or COUNTY to plow them. No reimbursement shall take place if the CITY or COUNTY plows PORT roads without a PORT request to do so. C. The party seeking reimbursement shall submit a written invoice within 30 days of conducting the plowing. All reimbursements shall be paid within 30 days of invoice receipt. 11. Property This AGREEMENT does not contemplate any jointly financed activity, except as stated above, and does not contemplate the joint acquisition of property by the parties. 12. Indemnity It is understood and agreed that this AGREEMENT is solely for the benefit of the parties hereto and gives no right to any other party. Each party hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, and those of its officers, agents, and employees to the fullest extent required by law, and agrees to save, indemnify, defend, and hold the other party harmless from any such liability In the case of negligence of multiple parties, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. This indemnification clause shall also apply to any and all causes of action arising out of the performance of work activities under this AGREEMENT. For the purposes of this indemnification, the parties specifically and expressly waive any immunity granted under the Washington Industrial Insurance Act, Title 51 RCW. This waiver has been mutually negotiated and agreed to by the parties. The provision of this section shall survive the expiration or termination of the Agreement. 13. Termination Any party to this AGREEMENT may elect to terminate this AGREEMENT for any reason by delivering a thirty (30) day written notice of intent to terminate to the other party. 14. Duration of Agreement This Agreement is in effect from the date of the last signature block through December 31, 2025. 21 15. Filin This AGREEMENT shall be filed with the County Auditor following execution by all parties. Dated this _ day of Ao& 2019 PORT OF BREMERTO� Lar 00 , Posident Cary Bozeman, Vice President Excused Axel Strakeljahn, Secretary Dated this day of CITY OF BREMERTON 2019 5 Dated this day of , 2019 BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Edward E. Wolfe, Chair Charlotte Garrido, Commissioner Robert Gelder, Commissioner ATTEST: Dana Daniels, Clerk of the Board Figure 1: Roads within Olympic View Industrial Park " 41ri k Figure 1: Roads within Olympic View Industrial Park AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of 2020 Ford Police Interceptor from Columbia Ford of Longview, WA A5 Study Session Date: September 11, 2019 COUNCIL MEETING Date: Seatember 18. 2019 Department: PW&U / ERR Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The request before Council is to a replace a totaled Ford Police Interceptor Utility Patrol Vehicle that was involved in a collision on July 25, 2019. Per Risk Management, this vehicle (#141407) is totaled. The cost for the "off the lot" vehicle is $53,546.35 including Washington State sales tax. An additional $5,000 to $7,000 in equipment and labor is necessary to equip the vehicle for service. We will be utilizing State Contract No. 05916. ATTACHMENTS: 1) Quote from Columbia Ford; 2) Justification; 3) Insurance Reimbursement; 4) Repair Estimate FISCAL IMPACTS (Include Budgeted Amount): The vehicle replacement reserves in Fund 510 ER&R total $31,243.45. Request to private insurance carrier is $21,827.64. Any costs exceeding reserves & final insurance settlement will be funded by the Police Departments 2019 Operations budget. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of one Ford Interceptor per quote in the amount of $53,546.35 including Washington State sales tax from Columbia Ford of Longview, WA; and authorize an increase in Fund 510 expenditure budget of $53,546.35 with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 Hillary Hamilton From: Charles Ernst Sent: Thursday, August 29, 2019 9:53 AM To: Hillary Hamilton Subject: FW: Vehicle Quote - 2019-8-365 - BREMERTON, CITY OF - 21801 Hillary; Here is the quote to replace. Chuck From: NOREPLY@des.wa.gov [mailto:NOREPLY@des.wa.gov] Sent: Monday, August 26, 2019 3:14 PM To: Charles Ernst <Charles.Ernst@ci.bremerton.wa.us> Cc: Steve.Hatfield@des.wa.gov Subject: Vehicle Quote - 2019-8-365 - BREMERTON, CITY OF - 21801 Vehicle Quote Number: 2019-8-365 Create Pu1'ChZ1Se Request Vie4v, organization ,purchase requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract & Dealer Information Contract #: 05916 Dealer: Columbia Ford (W403) 700 7th Avenue Longview WA 98632 Organization Information Organization: BREMERTON, CITY OF - 21801 Email: chrles.ernst a��i.trrcrr2ertnn �y �.titi Quote Notes: off the lot vehicle to replace totaled vehicle 141407 Vehicle Location: BREMERTON Color Options & Qty Agate Black (UM) - 1 Tax Exempt: N Vehicle Options Dealer Contact: Marie Tellinghiusen Dealer Phone: (360) 423-4321 Ext: 187 Dealer Email: caidc�_s c;c7lF�rd.,r[ m. Order Code Option Description 2020-0521-001 2020 Ford Police Interceptor AWD Pursuit -Rated Utility/SUV (K8A/500A) 2020-0521-004 INFORMATION ONLY (updated 01/16/2019): [EXTERIOR Dimensions: 198.8in Overall Length, 119.1in Wheelbase, 69.4in Height, 78.9in Width (mirrors folded), 89.3in Width (mirrors extended), Ground Clearances (7.4in w/ 3.31- HEV, 7.2in w/ 3.OL EcoBoost, 7.6in w/ 3.3L Direct -injection V6)] [INTERIOR Dimensions: Front/Rear: Head (40.7in/40.4in), Shoulder (61.8in/61.3in), Hip (59.3in/59.1in), Leg Qty Unit Price Ext. Price 1 $32,800.00 $32,800.00 $0.00 $0.00 (40.9in/40.7in), Cargo Opening Height 31.9in, Cargo Opening Width 47.6in, Cargo Area Width 47.9in, Cargo Area Length 46.2in] 2020-0521-010 2020 Ford Police Interceptor AWD Pursuit -Rated Utility/SUV, 3.3L V6 Direct -Injection (285 HP @ 6500 1 $0.00 $0.00 RPM, 260 Ib. -ft. Torque @ 3000 RPM) (136 -MPH Top Speed), 10 -Speed Automatic Police -Calibrated Transmission (Column Shifter), 255/60R 18 All -Season BSW Tires, HD Steel Wheels, HD 80 -Amp 730CCA Battery, HD 250 Amp Alternator, 21.4 Gallon Fuel Tank, 3.73 Axle Ratio, 6465# GVWR, 1670# Payload, 5000# Towing Capacity, 7.6in Ground Clearance (K8A/500A) THIS IS THE BASE VEHICLE -- Please review standard specs to view complete description. 2020-0521-012 NEW - Alternative Hybrid (HEV) Engine System [318 HP (combined system HP), 285 HP (gas engine) @ 1 $3,302.00 $3,302.00 6500 RPM, 260 Ib. -ft. Torque @ 4000 RPM) (6840# GVWR, 1670 # Payload, 5000# Towing Capacity, 7.4in Ground Clearance) [Includes 3.3L V6 Direct -Injection Hybrid Engine System, Lithium -Ion Battery Pack (does not intrude into the cargo area), police calibrated high-performance regenerative braking system, DC/DC converter 220 -Amp (in lieu of alternator), H7 AGM Battery - 800 CCA / 80 -Amp, 19 - Gallon Fuel Tank, 8-Year/100,000-Mile Hybrid Unique Component Warranty] (Not compatible with 3.01L V6 EcoBoost option) (99W/44B) 2020-0521-013 Ready for the Road Package. [Includes contents of Front Headlamp Lighting Solution #66A, Tail Lamp 1 $3,586.00 $3,586.00 Lighting Solution #66B, Rear Lighting Solution #66C; Pre -wiring for grille LED lights, siren and speaker #60A, 100 Watt Siren/Speaker #18X, Rear console Plate #85R, Hidden Door -Lock Plunger/Rear Door Handles/Rear Windows Inoperable #52P; PLUS: Grille Linear LED Lights (Red/Blue) and harness; Whelen Cencom Light Controller Head with dimmable backlight; Whelen Cencom Relay Center/Siren/Amp with Traffic Advisor mounted behind 2nd row seat; Light controller/relay cencom wiring (wiring harness) with additional input/output pigtails; high current pigtail; Whelan Specific WECAN cable (console to cargo area) connects Cencom to Control Head] (Not available with Ultimate Wiring Package #67U or Interior Upgrade Package #65U ) (67H) 2020-0521-019 NEW - Police Wire Harness Connector Kit - Front/Rear (For connectivity to Ford PI Package Solutions) 1 $185.00 $185.00 [FRONT includes two (2) male 4 -pin connectors for siren, five (5) female 4 -pin connectors for lighting/siren/speaker, one (1) 4 -pin IP connector for speakers, one (1) 4 -pin IP connector for siren controller connectivity, one (1) 8 -pin sealed connector, one (1) 14 -pin IP connector] [REAR includes one (1) 2 -pin connector for rear lighting, one (1) 2 -pin connector, six (6) female 4 -pin connectors, six (6) male 4 -pin connectors, one (1) 10 -pin connector] (67V) 2020-0521-021 Side Marker LED, Sideview Mirrors (Driver side - Red / Passenger side - Blue) (Located on backside of 1 $290.00 $290.00 exterior mirror housing) (LED lights only. Wiring and controller are not included.) (Must also order Pre - wiring for grille lamp, siren and speaker #60A) (63B) 2020-0521-022 Rear Quarter Glass Side Marker LED Lights (Driver side - Red / Passenger side - Blue) (63L) 1 $574.00 $574.00 2020-0521-024 Rear Spoiler Traffic Warning Lights (LED) Fully integrated in rear spoiler for enhanced visibility. Provides 1 $1,491.00 $1,491.00 red/blue/amber directional lighting. Fully programmable.) (96T) 2020-0521-029 Noise Suppression Bonds (Ground Straps)(60R) 2020-0521-030 Switchable Red/White Lighting in Cargo Area (deletes 3rd row map light) (17T) 2020-0521-032 Dark Car Feature (courtesy lamp disable when any door is opened) (Not available with Daytime Running 1 Lights #942) (43D) 2020-0521-033 Police Engine Idle Feature (when activated, allows the key to be removed from ignition while vehicle remains idling, which allows driver to leave the engine running and prevents vehicle from unauthorized use when driver is outside of the vehicle) (47A) 2020-0521-035 BLIS Blind Spot Monitoring with Cross -Traffic Alert (Includes manual fold -away heated mirrors) (55B/54Z) 2020-0521-040 Rearview Camera, Alternative (video will be displayed in 4in center stack instead of in rearview mirror)(D87R)(No Charge) 2020-0521-041 NEW - Rearview Camera On -Demand (allows driver to enable rear camera on demand, includes 10 - second timer) (19V) $100.00 $100.00 $51.00 $51.00 $25.00 $25.00 $260.00 $260.00 $543.00 $543.00 $0.00 $0.00 $229.00 $229.00 2020-0521-044 NEW - Police Perimeter Alert - detects motion in an approximately 270 -degree radius on sides and back 1 $673.00 $673.00 of vehicle (If movement is determined to be a threat, chime will sound at Level 1; Doors will lock and windows will automatically go up at Level 2; Includes visual display in center stack with tracking) (68B) 2020-0521-047 Remote Keyless Entry with Four (4) FOBS/Transmitters (includes Liftgate Release Button) (Does not 1 $338.00 $338.00 include Keyless Entry Door Keypad) (If ordered with Fleet Keyed Alike option, fobs are unique and are not fobbed -alike) (55F) 2020-0521-048 Fleet Keyed Alike (Call dealer for available key codes) (Allowed to also order Remote Keyless Entry #55F) (KEY) 2020-0521-050 Spot Lamp, LED Bulb, Driver Only (Unity) (51R) 2020-0521-072 NEW - H8 AGM Battery Upgrade (900 CCA / 92 -Amp) (19K) 2020-0521-211 Stock Vehicle Upcharge (Call dealer for availability) Delivery within 14 days when available (DLR) 2020-0521-251 Push Bumper Upgrade, HD Fender Wraps (PIT Bars) (Setina PB5) (Must also order a Setina Push Bumper) (Not compatible with Ford's Front Warning Auxiliary Light #21L) (DLR) 2020-0521-253 Push Bumper, Lighted Pursuit, Front/Side Red/Blue LEDs (Setina PB450L4) (DLR) 1 $51.00 $51.00 1 $394.00 $394.00 1 $109.00 $109.00 1 $250.00 $250.00 1 $384.00 $364.00 1 $974.00 $974.00 2020-0521-257 Door Panels, Rear Doors (TPO, Setina) (Must also order Ready for the Road Package #67H, Hidden Door 1 $213.00 $213.00 Lock Plunger #52P or Inoperable Rear Door Locks #68G) (DLR) 2020-0521-259 Window Barriers, Rear Doors, Polycarbonate Panels (Setina) (Must also order Ready for the Road 1 $210.00 $210.00 Package #67H, Hidden Door Lock Plunger #52P or Inoperable Rear Door Locks #68G) (DLR) 2020-0521-262 Partition, Front Horizontal with Sliding Polycarbonate Window, including Recess Panel (Setina 1OVSRP) 1 $742.00 $742.00 (DLR) 2020-0521-264 Partition, Front - Tallman Upgrade (allows additional seat recline for driver) (Must also order a front 1 $0.00 $0.00 partition) (Setina T) (DLR) (Now standard on all full front partitions) 2020-0521-265 Partition, Front - Upgrade, Vinyl coated metal mesh screen with poly slider (must also order a front 1 $20.00 $20.00 partition) (DLR) 2020-0521-266 Weapons Mounting System, DUAL [Standard Shotgun Lock and Adjustable Universal Lock with key 1 $349.00 $349.00 override and timer] (Must also order Front Partition w/ Recess Panel #10VSRP) (DLR) 2020-0521-271 Partition, Rear - Polycarbonate Panel (Setina 12VS/P) (DLR) 1 $441.00 $441.00 2020-0521-273 Seat, Setina HD TPO Cover -Style Rear Prisoner Transport Seat (includes center -originating seat belts 1 $813.00 $813.00 with Docking Buckles on front partition) (installed over factory seat) (Must order with Setina Rear Partition 12VS or 12VS/P) (Setina recommends also ordering the XL Partition Upgrade) (Not compatible with Tall Man Front Partition) (SETPTSCB) (DLR) Quote Totals 3 Total Vehicles: 1 Sub Total: $49,397.00 8.4 % Sales Tax: $4,149.35 Quote Total: $53,546.35 Justification for replacement of totaled vehicle 141407 Vehicle ID 141407 was involved in a collision on 7/25/19 causing major damage to the front end and frame of the vehicle. The repair estimate is 23,306.49. The vehicle value is approximately 15,596.00 Replacing this vehicle will maintain the number of vehicles that BPD has available for officers. At this time the officer is driving a Crown Victoria with 140000 plus miles. The vehicle will be replaced using funds from ER&R and insurance reimbursement. Hillary Hamilton From: Charles Ernst Sent: Thursday, August 29, 2019 9:55 AM To: Hillary Hamilton Subject: FW: Vehicle #141407 Here is the e-mail from Melisa totaling the vehicle. Chuck From: Melisa Folmer Sent: Wednesday, August 28, 2019 10:51 AM To: Milenka Hawkins -Bates <Milenka.Hawkins-Bates@ci.bremerton.wa.us>; Charles Ernst <Charles.Ernst@ci.bremerton.wa.us> Subject: Vehicle #141407 Hi, Milenka & Chuck - Sorry it has taken me so long to get back to you. Vehicle 141407 is totaled. I will be asking Geico for $21,827.64 in reimbursement ($15,596 for the vehicle & $6,231.64 to remove & install equipment). Once the City receives payment it will be deposited into ERR revenue. Per Mike the depreciated value of the vehicle is $27,897.68 (original cost $46,496.12 / life 10 years / depreciated 4 years). Let me know if any questions. Melisa Vaal Folmer, Risk Management Specialist Bremerton City Attorney's Office 345 6th Street, Suite 100 Bremerton, WA 98337 (360) 473-5302 (360) 473-5161 (fax) inelisa.folmer@ci.bremerton.wa.us ATTORNEY-CLIENT PRIVILEGED COMMUNICATION This e-mail message and its attachments may contain confidential attorney work product and be subject to the attorney-client communication privilege. It is intended solely for the use of the individual named above. If you are not the intended recipient, or the person responsible to deliver it to the intended recipient, you are hereby advised that any dissemination, distribution or copying of this communication is prohibited. If you have received this e-mail in error, please immediately notify the sender by reply e-mail and delete and/or destroy the original and all copies of the e-mail message. RO Number: 19698 Insured: City of Bremerton Type of Loss: Point of Impact: 15 Total Loss Owner: City of Bremerton (360) 473-5621 Business UPTOWN AUTO BODY REBUILD, INC. "Professionals with Pride" 5150 Auto Center Blvd, BREMERTON, WA 98312 Phone: (360) 377-9797 FAX: (360) 373-8077 Preliminary Supplement 1 with Summary Written By: Erik Taylor Policy #: Date of Loss: Inspection Location: UPTOWN AUTO BODY REBUILD, INC. 5150 Auto Center Blvd BREMERTON, WA 98312 Repair Facility (360) 377-9797 Business VEHICLE Workfile ID: 10ec09bc Federal ID: 91-1275701 Claim #: Days to Repair: 0 Insurance Company: CUSTOMER PAY 2014 FORD Explorer Utility Police Interceptor AWD (Fleet) 4D UTV 6-3.7L Gasoline Sequential MPI black/white VIN: 1FM5K8AR1EGC61661 Interior Color: Mileage In: Vehicle Out: License: XMT59203D Exterior Color: black/white Mileage Out: State: WA Production Date: 5/2014 Condition: Job #: TRANSMISSION Privacy Glass FM Radio SEATS Automatic Transmission Overhead Console Stereo Cloth Seats 4 Wheel Drive CONVENIENCE Search/Seek Bucket Seats POWER Air Conditioning CD Player Reclining/Lounge Seats Power Steering Intermittent Wipers SAFETY WHEELS Power Brakes Tilt Wheel Drivers Side Air Bag Styled Steel Wheels Power Windows Cruise Control Passenger Air Bag PAINT Power Locks Rear Defogger Anti -Lock Brakes (4) Clear Coat Paint Power Mirrors Message Center 4 Wheel Disc Brakes OTHER Power Driver Seat Steering Wheel Touch Controls Traction Control Rear Spoiler Power Adjustable Pedals Rear Window Wiper Stability Control DECOR RADIO Front Side Impact Air Bags Dual Mirrors AM Radio Head/Curtain Air Bags Get live updates at www.carwise.com/e/3DaUxP 8/15/2019 4:48:23 PM 073802 Page 1 Preliminary Supplement 1 with Summary RO Number: 19698 2014 FORD Explorer Utility Police Interceptor AWD (Fleet) 4D UTV 6-3.7L Gasoline Sequential MPI black/white Line Oper Description Part Number Qty Extended Labor Paint Price $ 1 FRONT BUMPER Note: NEEDS TEARDOWN FOR FINAL ESTIMATE 2 0/H front bumper 0 0.00 2.8 0.0 3 <> Repl Bumper cover w/o auto park BB5Z17D957APTM 1 449.69 Incl. 2.4 4 Add for Clear Coat 0 0.00 0.0 1.0 5 Repl Lower grille w/o trailer tow BB5Z17K945AA 1 41.42 Incl. 0.0 6 Repl Lower cover w/o fog lamps BB5Z17D957BB 1 220.68 Incl. 0.0 7 Repl Impact bar (BOR) BB5Z17757A 1 235.37 0.6 0.0 8 Repl License bracket w/Police DB5Z17A385AA 1 19.60 0.2 0.0 Interceptor 9 Repl Valance w/Police Interceptor DB5Z17626BA 131.97 Incl. 0.0 10 Repl RT Side support BB5Z17E814A 1 25.85 Incl. 0.0 11 Repl LT Side support BB5Z17E814B 25.17 Incl. 0.0 12 GRILLE 13 Repl Sight shield BB5Z8A284BB 1 54.91 Incl. 0.0 14 Repl Grille BB5Z8200CA 1 421.44 0.6 2.0 15 Overlap Major Non-Adj. Panel 0 0.00 0.0 -0.2 16 Add for Clear Coat 0 0.00 0.0 0.4 17 Repl Mount panel BB5ZSA284AA 1 207.10 Incl. 0.0 18 Repl Upper molding BB5Z8200AB 1 113.28 Incl. 0.0 19 Repl Lower molding BB5Z8200BB 1 110.92 Incl. 0.0 20 FRONT LAMPS 21 Repl RT Headlamp assy DB5Z13008E 1 878.33 Incl. 0.0 22 Aim headlamps 0 0.00 0.5 0.0 23 Repl LT Headlamp assy DB5Z13008F 1 783.78 Incl. 0.0 24 RADIATOR SUPPORT 25 Repl Radiator support to 12/01/13 DB5Z16138A 1 485.18 3.1 0.0 (SMC) 26 Evacuate & recharge 0 0.00 m 1.4 0.0 27 Refrigerant recovery 0 0.00 m 0.4 0.0 28 COOLING 29 S01 Repl Radiator w/o cooler D65Z8005EA i 416.40 m Incl. 0.0 30 AIR CONDITIONER & HEATER 31 SO1 Repl Condenser EB5Z19712F 1 384.09 m 2.4 0.0 32 S01 Deduct for Overlap 0 0.00 -0.7 0.0 33 HOOD 34 Repl Hood (ALU) BB5Z16612A 1 1,208.58 1.1 3.0 35 Overlap Major Non-Adj. Panel 0 0.00 0.0 -0.2 36 Add for Clear Coat 0 0.00 0.0 0.6 37 Add for Underside(Complete) 0 0.00 0.0 1.5 38 Add for Clear Coat 0 0.00 0.0 0.3 39 Repl RT Hinge BB5Z16796A 1 54.30 0.3 0.3 40 Add for Clear Coat 0 0.00 0.0 0.1 8/15/2019 4:48:23 PM 073802 Page 2 Preliminary Supplement 1 with Summary RO Number: 19698 2014 FORD Explorer Utility Police Interceptor AWD (Fleet) 4D UTV 6-3.7L Gasoline Sequential MPI black/white 41 Repl LT Hinge BBSZ16797A 1 53.91 0.3 0.3 42 Add for Clear Coat 0 0.00 0.0 0.1 43 FENDER 44 Repl RT Fender BB5Zl6005A 1 325.33 2.3 1.8 45 Overlap Major Adj. Panel 0 0.00 0.0 -0.4 46 Add for Clear Coat 0 0.00 0.0 0.3 47 Add for Edging 0 0.00 0.0 0.5 48 Add for Clear Coat 0 0.00 0.0 0.1 49 Repl LT Fender BB5Z16006A 1 325.92 2.3 1.8 50 Overlap Major Adj. Panel 0 0.00 0.0 -0.4 51 * Add for Clear Coat 0 0.00 0.0 0.3 52 Add for Edging 0 0.00 0.0 0.5 53 Add for Clear Coat 0 0.00 0.0 0.1 54 Repl RT Wheel flare BB5Z16038AA 1 125.88 0.3 0.0 55 Repl LT Wheel flare BB5Z16039AA 1 123.57 0.3 0.0 56 # TINT COLOR 1 0.00 0.0 0.5 57 # FLEX ADDITIVE 1 6.00 0.0 0.0 58 # MASK FOR OVERSPRAY 1 5.00 0.0 0.3 59 # HAZARDOUS WASTE DISPOSAL 1 5.00 0.0 0.0 60 # FRAME SET BENCH 1 0.00 2.5 F 0.0 61 # S0l FRAME FRONT SIDESWAY 1 0.00 5.0 F 0.0 62 # S01 Repl BRUSH GUARD 1 0.00 3.0 0.0 Note: PER INVOICE CUSTOMER WILL SUPPLY 63 S0l Repl RT Apron/rail assy (UHS) BB5Z16054A 1 719.88 s 36.7 2.2 64 S01 Repl RT Fender liner BB5Z16102D 1 110.86 Incl. 0.0 65 S0l Repl LT Apron/rail assy (UHS) BB5Z16055A 1 700.93 s 36.7 2.2 66 S01 Overlap Major Non-Adj. Panel 0 0.00 0.0 -0.2 67 S01 Repl RT Upper inner rail (HSS) BB5Z16B044A 1 109.49 s Incl. 0.8 68 Sol Overlap Minor Panel 0 0.00 0.0 -0.2 69 S01 Repl RT Upper rail (HSS) BB5Z16154A 1 106.25 s Incl. 0.8 70 Sol Overlap Minor Panel 0 0.00 0.0 -0.2 71 S0l Repl LT Upper rail (HSS) BB5Z16155A 1 106.25 s Incl. 0.8 72 S0l Overlap Minor Panel 0 0.00 0.0 -0.2 73 Sol Repl LT Upper inner rail (HSS) BB5Z16B045A 1 109.49 s Incl. 0.8 74 S0l Overlap Minor Panel 0 0.00 0.0 -0.2 75 # S0l Subl R&I ENGINE 1 3,500.00 0.0 0.0 76 S01 Repl LT Fender liner BB5Z16103E 1 122.40 Incl. 0.0 77 S01 Repl RT Trim cover BB5Z7802038B 1 35.47 Incl. 0.0 78 S01 Repl LT Trim cover BB5Z7802039B 1 35.73 Incl. 0.0 79 Sol Repl RT Reinf plate from 2/24/11 DB5Z5410462A 1 74.14 0.2 0.0 80 S01 Repl LT Reinf plate from 2/24/11 DB5Z5410463A 1 70.74 0.2 0.0 81 lF Sol Subl WIRE LIGHTS 1 150.00 0.0 0.0 SUBTOTALS 13,190.30 102.5 23.6 8/15/2019 4:48:23 PM 073802 Page 3 Preliminary Supplement 1 with Summary RO Number: 19698 2014 FORD Explorer Utility Police Interceptor AWD (Fleet) 4D UTV 6-3.71L Gasoline Sequential MPI black/white ESTIMATE TOTALS Category Basis Rate Cost $ Parts 13,190.30 Body Labor 95.0 hrs @ $ 56.00 /hr 5,320.00 Paint Labor 23.6 hrs @ $ 56.00 /hr 1,321.60 Frame Labor 7.5 hrs @ $ 65.00 /hr 487.50 Paint Supplies 23.6 hrs @ $ 32.00 /hr 755.20 Body Supplies 102.5 hrs @ $ 3.00 /hr 307.50 Subtotal 21,382.10 Sales Tax $ 21,382.10 @ 9.0000% 1,924.39 Grand Total 23,306.49 MyPriceLink Estimate ID / Quote ID: 583710439494393856/51836980 8/15/2019 4:48:23 PM 073802 Page 4 Preliminary Supplement 1 with Summary RO Number: 19698 2014 FORD Explorer Utility Police Interceptor AWD (Fleet) 4D UTV 6-3.7L Gasoline Sequential MPI black/white SUPPLEMENT SUMMARY Line Oper Description Part Number Qty Extended Labor Paint Price $ Changed Items 55 # FRAME FRONT SIDESWAY 1 0.00 -2.5 F 0.0 61 # Sol FRAME FRONT SIDESWAY 1 0.00 5.0 F 0.0 56 # Repl BRUSH GUARD 1 0.00 -2.0 0.0 NOTE: PER INVOICE CUSTOMER WILL SUPPLY 62 # Sol Repl BRUSH GUARD 1 0.00 3.0 0.0 NOTE: PER INVOICE CUSTOMER WILL SUPPLY Added Items 28 COOLING 29 Sol Repl Radiator w/o cooler DB5Z8005EA 1 416.40 m Incl. 0.0 30 AIR CONDITIONER & HEATER 31 S01 Repl Condenser EBSZ19712F 1 384.09 m 2.4 0.0 32 Sol Deduct for Overlap 0 0.00 -0.7 0.0 63 Sol Repl RT Apron/rail assy (UHS) BB5Z16054A 1 719.88 s 36.7 2.2 64 S01 Repl RT Fender liner BB5Z16102D 1 110.86 Incl. 0.0 65 S01 Repl LT Apron/rail assy (UHS) BB5Z16055A 1 700.93 s 36.7 2.2 66 Sol Overlap Major Non-Adj. Panel 0 0.00 0.0 -0.2 67 Sol Repl RT Upper inner rail (HSS) BB5Z16B044A 1 109.49 s Incl. 0.8 68 Sol Overlap Minor Panel 0 0.00 0.0 -0.2 69 S01 Repl RT Upper rail (HSS) BB5Z16154A 1 106.25 s Incl. 0.8 70 Sol Overlap Minor Panel 0 0.00 0.0 -0.2 71 S01 Repl LT Upper rail (HSS) BB5Z16155A 1 106.25 s Incl. 0.8 72 Sol Overlap Minor Panel 0 0.00 0.0 -0.2 73 S01 Repl LT Upper inner rail (HSS) BB5Z16B045A 1 109.49 s Incl. 0.8 74 Sol Overlap Minor Panel 0 0.00 0.0 -0.2 75 # S01 Subl R&I ENGINE 1 3,500.00 0.0 0.0 76 S01 Repl LT Fender liner BB5Z16103E 1 122.40 Incl. 0.0 77 S01 Repl RT Trim cover BB5Z7802038B 1 35.47 Incl. 0.0 78 Sol Repl LT Trim cover BB5Z7802039B 1 35.73 Incl. 0.0 79 S01 Repl RT Reinf plate from 2/24/11 DB5Z5410462A 1 74.14 0.2 0.0 80 S01 Repl LT Reinf plate from 2/24/11 DB5Z5410463A 1 70.74 0.2 0.0 81 # Sol Subl WIRE LIGHTS 1 150.00 0.0 0.0 SUBTOTALS 6,752.12 79.0 6.6 8/15/2019 4:48:23 PM 073802 Page 5 Preliminary Supplement 1 with Summary RO Number: 19698 2014 FORD Explorer Utility Police Interceptor AWD (Fleet) 4D UTV 6-3.71- Gasoline Sequential MPI black/white TOTALS SUMMARY Category Basis Rate Cost $ Parts 6,752.12 Body Labor 76.5 hrs @ $ 56.00 /hr 4,284.00 Paint Labor 6.6 hrs @ $ 56.00 /hr 369.60 Frame Labor 2.5 hrs @ $ 65.00 /hr 162.50 Body Supplies 79.0 hrs @ $ 3.00 /hr 237.00 Paint Supplies 6.6 hrs @ $ 32.00 /hr 211.20 Subtotal 12,016.42 Sales Tax $ 12,016.42 @ 9.0000% 1,081.48 Total Supplement Amount 13,097.90 NET COST OF SUPPLEMENT 13,097.90 MyPriceLink Estimate ID / Quote XD - D:583710439494393856/51836980 583710439494393856 / 51836980 CUMULATIVE EFFECTS OF SUPPLEMENT(S) Estimate 10,208.59 Erik Taylor Supplement S01 13,097.90 Erik Taylor Job Total: $ 23,306.49 IT IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE, OR MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES INCLUDE IMPRISONMENT, FINES, AND DENIAL OF INSURANCE BENEFITS. 8/15/2019 4:48:23 PM 073802 Page 6 Preliminary Supplement 1 with Summary RO Number: 19698 2014 FORD Explorer Utility Police Interceptor AWD (Fleet) 4D UN 6-3.7L Gasoline Sequential MPI black/white Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless otherwise noted, (a) all items are derived from the Guide DR2MF11, CCC Data Date 08/09/2019, and potentially other third party sources of data; and (b) the parts presented are OEM -parts. OEM parts are manufactured by or for the vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data provided by third party sources of data may have been modified or may have come from an alternate data source. Tilde sign (—) items indicate MOTOR Not -Included Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non -Original Equipment Manufacturer aftermarket parts are described as Non OEM, A/M or NAGS. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries. Some 2020 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE estimator has a list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership. The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced: SYMBOLS FOLLOWING PART PRICE: m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category. X=Miscellaneous Non -Taxed charge category. SYMBOLS FOLLOWING LABOR: D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category. M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories. OTHER SYMBOLS AND ABBREVIATIONS: Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Bind=Blend. BOR=Boron steel. CAPA=Certified Automotive Parts Association. D&R=Disconnect and Reconnect. HSS=High Strength Steel. HYD=Hydroformed Steel. Incl.=Included. LKQ=Like Kind and Quality. LT=Left. MAG=Magnesium. Non-Adj.=Non Adjacent. NSF=NSF International Certified Part. 0/H=Overhaul. Qty=Quantity. Refn=Refinish. Repl=Replace. R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel. Sect=Section. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line. CCC ONE Estimating - A product of CCC Information Services Inc. The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE: BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 8/15/2019 4:48:23 PM 073802 Page 7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. amending Title 15 of the Bremerton Municipal Code entitled "Municipal Utilities" Study Session Date: COUNCIL MEETING Date: Department: Presenter: September 11, 2019 September 18, 2019 PW&U Thomas Knuckev Phone: (360) 473-2376 SUMMARY: This update to the Bremerton Municipal Code updates language in Chapters 15.01, 15.02, 15.04, 15.05, 15.06, 15.07 and 15.08. These updates provide clarifying language relating to definitions, eliminate conflicting language, remove restrictions on refunds, update code references, update the Stormwater code for compliance with the new NPDES Permit, and account for the transfer of Utility Billing from Public Works and Utilities to the Department of Financial Services. ATTACHMENTS: 1) Ordinance No. FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No Municipal Utilities. COUNCIL ACTION: ❑ Approve Form Updated 01/02/2018 amending Title 15 of the Bremerton Municipal Code relating to ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 15 of the Bremerton Municipal Code entitled "Municipal Utilities". WHEREAS, the City Council desires to amend Title 15 of the Bremerton Municipal Code entitled " Municipal Utilities " to update the provisions of Chapter 15.01 entitled "General Provisions", Chapter 15.02 entitled "Water", Chapter 15.04 entitled "Stormwater", Chapter 15.05 entitled "Fats, Oils and Grease", Chapter 15.06 entitled "Assessments, Rates, Fees and Charges", Chapter 15.07 entitled "Utility Billing", and Chapter 15.08 entitled "Appeals", and to make related changes; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 15.01 of the Bremerton Municipal Code entitled "General Provisions" is hereby amended to read as follows: Chapter 15.01 GENERAL PROVISIONS 15.01.010 UTILITY OPERATIONS. It is the purpose of this title to regulate City utility operations so as to provide continued safe and reliable utility service to the residents of the City of Bremerton and to those nonresidents the City agrees to serve. It is the City's policy to provide sufficient revenue from those served through the assessments, rates, fees, and charges set forth in Chapter 15.06 BMC to support the costs of operation, capitalization and debt service of the municipal utilities. Municipal utilities shall include potable water, wastewater and stormwater systems, and those operations related to the efficient administration of these systems and their assets. 15.01.015 ENGINEERING DESIGN AND CONSTRUCTION STANDARDS UPDATES. The Public Works and Utilities Director is authorized to update and revise all standards in this title as deemed appropriate. 15.01.020 DEFINITIONS. The terms used in this title shall mean the following, except where the context otherwise requires: (a) Definitions "A": "Active account" shall mean an account that has an active water meter in place and/or active rate codes as applicable. ettFfenttisane, billing and Payment a Ii i I ' "Active water service" shall mean that toe w,.+ef: meter- fe the service line at the location his functional.Fegistefe e r*��r "AKART" shall mean all known, available, and reasonable methods of prevention, control, and treatment. See also the State Water Pollution Control Act, RCW 90.48.010, andRCW 90.48.520 and WAC 173-218-030. "As-graded" shall mean the extent of surface conditions on completion of grading. "Average daily" shall mean the total quantity divided by the number of days of waste or stormwater discharge or water use by the typical user in a user class. (b) Definitions "B": "Backflow" shall mean the flow of water or other liquids in the reverse direction, or flow of mixtures or substances into the distribution system of the public water supply from any source or sources other than the intended source. "Backflow prevention device" shall mean a device to 60tfflteffiet baek pfess,,, aHA prevent back siphonage or baekAe flow in the reverse direction. "Best management practices (BMPs)" means the schedules of activities, prohibitions of practices, maintenance procedures, and structural and/or managerial practices that, when used singly or in combination, prevent or reduce the release of pollutants and other adverse impacts to waters of Washington State. "BOD (biochemical oxygen demand)" means an indirect measure of the concentration of biologically degradable materials present in organic wastes. The amount of free oxygen utilized by aerobic organisms when allowed to attack the organic material in an aerobically maintained environment at a specified temperature (twenty (20) degrees centigrade) for a specific time period (five (5) days), and thus stated as BODS. It is expressed in milligrams of oxygen utilized per liter of liquid waste volume (mg/L) or in milligrams of oxygen per kilogram of waste solution (mg/kg = ppm = parts per million parts). Also called "biological oxygen demand." "Bulkhead" shall mean a seawall or rock embankment constructed along the waterfront to protect the land behind it from erosion by waves and tidal action of the sea. (c) Definitions "C": "Capital costs" shall mean the total costs of physical system improvements (exclusive of repair and replacement costs covered under operation and maintenance costs), including, but not limited to, the costs of direct construction, engineering, financing, legal fees, real estate, right-of- way, debt service, and other costs associated with such improvements. "City" means City of Bremerton. "Clearing" shall mean the destruction and removal of vegetation by manual, mechanical, or chemical methods. This definition shall include grubbing vegetation. "Clearing and grading permit" shall mean the written approval of the City of Bremerton Building Inspector to proceed with the act of clearing property within the City limits of Bremerton. The clearing and grading permit includes the associated approved plans and any conditions of approval as well as the permit form itself. "Combined sewer" shall mean a sewer intended to convey sanitary sewage, industrial wastes, and storm and surface water in a single system. "Commercial I" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand is less than two hundred one (201) mg/L. "Commercial 11" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from two hundred one (201) to four hundred (400) mg/L. 2 "Commercial III" shall mean any user whose business or nonresidential wastewater discharges whose total suspended solids and biochemical oxygen demand ranges from four hundred one (401) to six hundred (600) mg/L. "Commercial IV" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from six hundred one (601) to eight hundred (800) mg/L. "Commercial V" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from eight hundred one (801) to one thousand (1,000) mg/L. "Commercial VI" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from one thousand one (1,001) to one thousand two hundred (1,200) mg/L. "Commercial VII" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids and biochemical oxygen demand ranges from one thousand two hundred and one (1,201) to one thousand eight hundred (1,800) mg/L. "Commercial account with high conductivity" shall mean an account that discharges conductivity greater than (>) 6.0 mS/cm for any interval equal to or exceeding five (5) minutes three (3) times during any thirty (30) day period. The account will be billed the commercial special rate as published in the City of Bremerton utility rates and fee schedule. "Commercial agriculture" shall mean those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five (5) years, unless the idle land is registered in a federal or state soil conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. "Commercial business with living units" shall mean a business with residential living units attached; the utility rates will be based on the business type and the number of residential units. "Commercial property" shall mean a parcel of property which is developed for nonresidential purposes. "Commercial special" shall mean any user whose business or nonresidential wastewater discharge whose total suspended solids (TSS) and biochemical oxygen demand (BOD) exceeds one thousand eight hundred (1,800) mg/L and/or has a conductivity discharge greater than (>) 6.0 mS/cm. These users will be charged for wastewater services on the basis of their specific discharge, which provides equitable recovery of the City's cost of conveying, owning, operating, and maintaining the wastewater treatment system, rather than average class strength. "Condominium (condo)" shall mean an apartment that is individually owned but the land is jointly owned by all homeowners. "Conductivity" shall mean the measurement of electrical conductivity as an indicator of water quality. Conductivity data can determine concentration of solutions, detect contaminants and determine the purity of water. A conductivity sensor measures conductivity by AC voltage applied to nickel electrodes. These electrodes are placed in a water sample (or other liquid), where the current flows through the electrodes and the sample. Current level has a direct relationship with the conductivity of the solution. The basic unit of conductivity is the Siemens (S), sometimes referred to as mho. Since cell geometry affects conductivity values, standardized 3 measurements are expressed in specific conductivity units (S/cm) to compensate for variations in electrode dimensions. Conductivity measurements, along with temperature, also allow for salinity values to be calculated through algorithms. "Connection fee" shall mean charges made for connection to the utility system. The connection fees will include the costs of tapping the water main, sewer main or storm main, installing the service and meter, restoring the surface, and all other costs associated with the physical connection of the customer system to the City utility system. "Construction charge and special fees" shall mean those charges made by the City to cover its unreimbursed construction costs for installing special facilities not covered by connection fees and general facility fees. "Contract user" shall mean any user who, by virtue of the amount, strength, or location of its discharge or the conditions of service, requires a contractual basis for service to be equitably served. "Creek" shall mean those areas where surface waters flow sufficiently to produce a defined channel or bed. A defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year around. This definition is not meant to include stormwater runoff devices or other entirely artificial watercourses unless they are used to store and/or convey pass-through stream flows naturally occurring prior to construction. "Critical area" shall mean any area designated as a critical area pursuant to RCW 36.70A.170 and Chapter 20.14 BMC. "Cross connection" shall mean any physical arrangement whereby the City water system is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, sewage, or other waste or liquids of unknown or unsafe quality that may be capable of imparting contamination to the City water system as a result of backflow. Bypass arrangements, jumper connections, removal sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow could occur are considered to be cross connections. "Cubic feet (CF)" shall mean cubic feet of measure. (d) Definitions "D": "Deactivated meters" shall mean utility accounts where the customer requests the water meter to be shut off and locked, and the water/wastewater services and associated billings be temporarily suspended. The account will continue to be billed for stormwater_ t1*61 toe meter- is Feaetivated-. "Degradation" shall mean deterioration of an area including, but not limited to, impacts such as sedimentation, erosion, and loss of shading, light, and noise. "Department" shall mean the Department of Public Works and Utilities, unless otherwise identified. "Developed lot" shall mean a lot or parcel of land upon which a structure(s) is located, which cannot be more intensively developed pursuant to the Bremerton zoning code, and which cannot be further subdivided pursuant to City subdivision regulations. "Development" shall mean any new development and/or redevelopment activity that requires federal, state, or local approval for the use or modification of land or its resources. These activities include, but are not limited to, subdivision and short subdivisions; binding site plans; planned unit developments; variances; shoreline substantial development; clearing M activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped land to agricultural purposes; activity conditionally allowed; building or construction; revocable encroachment permits; and septic approval. "Development area" shall mean an area where the movement of earth or a change in the existing soil cover (both vegetative and nonvegetative) and/or the existing soil topography occurs as a result of an applicant's development plans. "Director" shall mean the Director of Public Works and Utilities or any other duly authorized representative designated by the Director as the person responsible for technical direction of this code, unless otherwise identified. "Driveway drain" shall mean a drain typically located below street grade at the bottom of a sloped driveway. "Duplex" shall mean a residential unit containing two (2) separate dwelling units with any configuration or two (2) dwelling units located on one (1) parcel. (e) Definitions "E": "Earth" shall mean the natural mineral and organic material forming the soil and its underlying substance. For the purposes of this chapter, earth shall include sand, gravel, and ledge rock. "Ecology" shall mean the Washington State Department of Ecology. "Emergency" shall mean a situation demanding immediate action with threat to life, property or environment. "Engineered fill" shall mean soil fill, which is wetted or dried to near its optimum moisture content, placed in lifts of twelve (12) inches or less and each lift compacted to a minimum percent compaction as specified by a geotechnical engineer. "Engineering Design and Construction Standards" shall mean the City of Bremerton's Standards for Work in Rights -of -Way. "Equivalent residential unit (ERU)" shall mean a unit of measurement equivalent to an average single-family residence. This measurement shall be used to determine sewer general facility charges. ERUs cannot be transferred from one property or account to another property or account. "Excavate" shall mean the mechanical removal of earth material, including soil, sand, gravel, rock, concrete or asphalt. "Existing service" shall mean a functioning water service line or sewer lateral that is physically located at the parcel. "Existing site conditions" shall mean: For developed sites with stormwater facilities that have been constructed to meet the standards in the minimum requirements of the ordinance codified in this title, "existing site conditions" shall mean the existing conditions on the site; For developed sites that do not have stormwater facilities that meet the minimum requirements, "existing site conditions" shall mean the conditions that existed prior to local government adoption of the ordinance codified in this section. If in question, the existing site conditions shall be documented by aerial photograph records, or other appropriate means; For all sites in water quality sensitive areas, "existing site conditions" shall mean undisturbed forest for the purpose of calculating runoff characteristics; and/or For all undeveloped sites outside of water quality sensitive areas, "existing site conditions" shall mean the existing conditions on the site. 5 "Expanded service" shall mean the increase in water and wastewater service based on the addition in number of services, or increase in size in water meter(s) serving the customer,-, O+e ifieFease in wastewater- set=viee basedon equivalefit Fesidential tinits or the increase in stormwater service based on impervious / hard surface units. "Extended mainli*e" shall mean a privately financed water, wastewater or stormwater main constructed with the written approval of the Director_ . (f) Definitions "F": "Faeil4y" mea*s a*y feed pr-eeessi*g establishme*t, feed sales establishmefft, er- feed 1— establishment. "Fats, oils and greases" means organic compounds derived from animal and/or plant sources that contain multiple carbon triglyceride molecules. These substances are detectable and measurable using analytical procedures established in Title 40 of the Code of Federal Regulations Part 136 (40 CFR 136). Commonly referred to as "polar." "Fill" means a deposit of earth material placed by artificial means to increase the ground surface elevation or to replace excavated material. "Food" means any raw, cooked, or processed edible substance, ice, or ingredient used or intended for use or sale in whole or in part for consumption. "Food processing establishment (FPE)" means a commercial establishment in which food is manufactured or packaged for consumption. "Food sales establishment (FSE)" means retail and wholesale grocery stores, retail seafood stores, food processing plants, bakeries, confectioneries, fruit, nuts and vegetable stores and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off premises. "Food service establishments (FSE)" means any establishment for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products and/or are required to have a food business permit issued by Kitsap County Department of Health. The term includes: restaurants, coffee shops, cafeterias, short order cafes, luncheonettes, taverns, lunchrooms, places which manufacture retail sandwiches, soda fountains, institutional cafeterias, catering establishments, food vending vehicles, and operations connected therewith; and similar facilities by whatever name called. "Force main" shall mean a sanitary sewer pressurized pipe system used to transfer wastewater from a sewer lift station to the wastewater treatment facility. "Fourplex" shall mean a residential unit containing four (4) separate dwelling units with any configuration or four (4) dwelling units located on one (1) parcel. (g) Definitions "G": "General facilities charges (GFC)" shall mean the charge established to reflect the proportionate cost share for existing source, treatment, distribution, transmission, collection, interception, and storage facilities that will be paid on all new and/or expanded utility connections to the City utility. "Geologically hazardous areas" shall mean areas as defined in the City's critical areas ordinance and includes areas that because of their susceptibility to erosion, sliding, earthquake or other geological events are not suited to the siting of commercial, residential or industrial development consistent with public health or safety concerns. "Geotechnical engineer" shall mean a professional engineer currently registered in the State of Washington, qualified by reason of experience and education in the practice of 0 geotechnical engineering, and designated by the owner as the geotechnical engineer of record for the project. "Grading" shall mean the movement of earth material through mechanical or other means to create the finished surface and contour of aproject site. "Grease" means rendered animal fat, vegetable shortening, and other such oily matter used for the purposes of and resulting from preparing and/or cooking food. "Grease interceptor" means an interceptor of at least seven hundred fifty (7250) gallon capacity whose rated flow exceeds fifty (50) gallons per minute (gpm) to serve one (1) or more fixtures and which is remotely located underground and outside of a food service facility. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste ("gray water") to discharge to the wastewater collection system by gravity. "Grease trap" means a device located inside a food service facility designed to retain grease from one (1) to a maximum of four (4) fixtures whose rated flow is fifty (50) gallons per minute (gpm) or less. It is designed to collect, contain or remove food wastes and grease from the waste stream while allowing the balance of the liquid waste to discharge to the wastewater collection system by gravity or mechanical means. "Grinder pump" shall mean a system that takes liquid wastes from a home/business and pumps the waste to the City's sewage conveyance system, located in the public right-of-way. The grinder pump system includes a pump, pump basin, piping, and electrical controls. "Ground cover" shall mean a dense covering of small plants and grasses with a trunk or stem size less than four (4) inches in diameter and which normally cover the ground. "Ground water" shall mean water in a saturated zone or stratum beneath the surface of land or a surface water body. "Grubbing" shall mean the act of removing vegetation by the roots. (h) Definitions "H": "Hard surface" means an impervious surface, a permeable pavement, or a vegetated roof. "Hazardous materials" means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. "Health Officer" shall mean the Kitsap Health District Health Officer or designee. "Hundred cubic feet (HCF)" shall mean hundred cubic feet of measure. "Hyperchlorinated" means water that contains more than ten (10) mg/L chlorine. (i) Definitions "I": "Illicit connection" means any manmade conveyance that is connected to the stormwater system without a permit, excluding roof drains and other similar type connections. Examples include sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the municipal separate storm sewer system. "Illicit discharge" means any direct or indirect nonstormwater discharge to the City's storm drain system, except as expressly exempted by this chapter. 7 "Impervious/hard surface unit (IHSU) (ISU)" shall mean a configuration or conglomeration of impervious surface. One (1) impervious surface unit (IHSU) is equivalent to two thousand five hundred (2,500) square feet of impervious surface area. "Improper stormwater inflow" or "improper connection" shall mean any kind of stormwater connection or inflow to the wastewater system prohibited by this chapter including, but not limited to: roof drains, parking lot drains, curtain drains, driveway drains and sump pumps. "Improved premises" shall mean any area which has been altered such that the runoff from the site is greater than runoff prior to development. "Inactive account" shall mean an account that has no current usage, billing or payment activity. "Inactive water service" shall mean that the water meter for the service location has not registered any noticeable consumption. Some of the reasons for inactivity would be by a customer's request, shutoff for nonpayment, requested deactivation or the water meter has been removed for nonusage. "Industrial user." (See "Commercial special.") "Infiltration" shall mean ground water entering the wastewater or stormwater system through open pipe joints, cracks in manhole walls, and cracked pipe. "Infiltration (stormwater)" shall mean the downward movement of water from the surface to the subsoil. "Inflow" shall mean rainwater or other clean water that enters the wastewater system through roof leader connections, catch basins, yard and foundation drains, perforated manhole covers, and other openings to the wastewater system. 0) Reserved. (k) Reserved. (1) Definitions "L": "Lakes" shall mean natural or artificial bodies of water of two (2) or more acres and/or where the deepest part of the basin at low water exceeds two (2) meters (6.6 feet). Artificial bodies of water with a recirculation system approved by the Public Works Department are not included in this definition. "Land development permit" shall mean a preliminary or final plat for a single-family residential development; a building permit; site plan; preliminary or final planned unit development plan. "Low impact development (LID)" shall mean a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. (m) Definitions "M": "Mechanical equipment" shall mean all motorized equipment used for earth moving, trenching, excavation, gardening, landscaping, and general property maintenance exceeding twelve (12) horsepower in size. "Minimum design capability" means the design features of a grease interceptor and its ability to or the volume required to effectively intercept and retain greases from grease -laden wastewaters discharged to wastewater system. "Multifamily units" shall mean a parcel of property which has been legally developed with more than two (2) residential living units. "Municipal separate storm sewer system (MS4)" means a conveyance or system of conveyances, including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which are: (1) Owned or operated by the City of Bremerton; (2) Designed or used for collecting or conveying stormwater; and (3) Not part of a publicly owned treatment works (POTW) and not a combined sewer. (n) Definitions "N": "Native growth protection easement (NGPE)" shall mean an easement granted for the protection of native vegetation within a sensitive area or its associated buffer. The NGPE shall be recorded on the appropriate documents of title and filed with the Kitsap County Assessor's Office. "Natural location" shall mean the location of those channels, swales, and other nonmanmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. In the case of outwash soils with relatively flat terrain, no natural location of surface discharge may exist. "New development" shall mean land disturbing activities, including Class IV - general forest practices that are conversions from timber land to other uses; structural development, including construction or installation of a building or other structure; creation of hard surfaces; and subdivision, short subdivision and binding site plans, as defined and applied in Chapter 58.17 RCW. Projects meeting the definition of redevelopment shall not be considered new development. "Nonpolar (mineral origin)" means any water or waste which contains more than one hundred (100) parts per million (1,000,000) by weight of fat, oil or grease as measured using analytical procedures established in 40 CFR Part 136. "Nonstormwater discharge" shall mean any discharge to the storm drain system that is not composed entirely of stormwater. "Notice of intent for construction activity" means the application form for coverage under the construction stormwater general permit. (o) Definitions "O": "Occupied property" shall mean real property on which a structure exists that is being served and being billed by an existing or temporary utility service€ae. "Open space" shall mean land set aside for public or private use within a development that is not built upon. "Operation and maintenance costs (O&M costs)" shall mean the total cost of operating and maintaining the utility system, including, but not necessarily limited to, costs for labor, supplies and materials, utility services, vendor services, equipment usage, testing, taxes and assessments. "Outfall" shall mean point source as defined by 40 CFR 122.2 at the point where a discharge leaves the permitee's MS4 and enters a surface receiving water body or surface 9 receiving waters. Outfall does not include pipes, tunnels, or other conveyances which connect segments of the same stream or other surface waters and are used to convey primarily surface waters (i.e., culverts). (p) Definitions "P": "Parcel" shall mean a distinct tract, section, or plot of a piece of land, usually a division of a larger area. "Parking lot drain" shall mean any drain or catch basin that collects stormwater runoff located within the confines of a parking lot such as those in pay parking lots, apartment complexes, shopping centers, etc. "Partially developed lot" shall mean a lot or parcel of land upon which a structure is located and which is of sufficient area so as to be capable of accommodating additional development pursuant to the Bremerton zoning code; or which may be subdivided in accordance with the City of Bremerton subdivision chapter. "Permeable" shall mean soil or other material that allows the infiltration or passage of water or other liquids. "Permeable pavement" shall mean pervious concrete, porous asphalt, permeable pavers, gravel pave, or other forms of structural pervious or porous paving material intended to allow passage of water through the pavement section. It often includes an aggregate base that provides structural support and acts as a stormwater reservoir. "Permit" shall mean a written legal authorization to conduct an action. "Person" shall mean any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner of a premises or as the owner's agent. "Pervious surface" shall mean any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, native vegetation areas, and permeable pavements. "Polar (animal and vegetable origin)" means any water or waste which has visible fats, oils or grease floating on the surface or adhering to the sides of the sample containers. "Pollution" shall mean contamination or other alteration of the physical, chemical, or biological properties of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to alter the ecosystem so as to endanger domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. Further defined in the Washington State Surface Water Quality Standards (Chapter 173-201A WAC), Ground Water Quality Standards (Chapter 173-200 WAC), Sediment Management Standards (Chapter 173-204 WAC), or human health -based criteria in the national Toxics Rule (Federal Register, Vol. 57, No. 246, Dec. 22, 1992, pages 60848-60923). "Pre-treatment" shall mean any physical, chemical or biological process to remove, neutralize or modify one (1) or more constituents of a waste stream prior to discharge into the public sewers. Pre-treatment may be required to prevent deposition or adherence of substance within the public sewers; to eliminate hazardous exposures of maintenance crews or the public to toxic, noxious or flammable substances; to prevent cumulative or shock loadings that might interfere with the normal performance of treatment processes; to remove substances that are 10 present in sufficient concentration to interfere with the advantageous use of treated sewage sludge as an agricultural fertilizer or soil amendment. "Premises" shall mean a single tract of land, building, or portion of a building under a single control and ownership. "Pressure line" shall mean a sanitary sewer through which wastewater must be forced by pumping or gravity pressure to a point of collection. "Public utilities construction agreement (PLICA)" shall mean an agreement between the City, the developer, and the developer's contractor to construct utility improvements to serve a proposed development. "Publicly owned treatment works (POTW)" shall mean any device or system used in treatment of municipal sewage or industrial wastes of a liquid nature which is publicly owned. (q) Reserved. (r) Definitions "R": "Redevelopment" means conversion of an existing development to another land use, or addition of a material improvement to an existing development. "Reimbursement agreement" shall mean an agreement entered into between the installer of a utility facility and the Department for the purpose of reimbursing the installer for all or part of the costs for installation or extension of the utility system by subsequent development for the facility defined in the agreement. "Removal" shall mean the actual destruction or causing the effective destruction through damaging, poisoning or other direct or indirect actions resulting in the death of a tree or ground cover. "Roof drains" shall mean any downspout, scupper or device that collects and conveys stormwater runoff from a roof surface. "Routine landscape maintenance" shall mean pruning, weeding, planting annuals, mowing turf lands and ground cover management which is undertaken by a person in connection with the normal maintenance and repair of property. This definition does not include falling or topping of trees or removal of invasive plants resulting from lack of regular maintenance. (s) Definitions "S": "Sanitary sewage" shall mean the liquid wastes and all constituents therein that are related to the use of such sanitation facilities, toilets, bathtubs, showers, sinks, dishwashers, washing machines, garbage grinders, and other devices. However, any other water that enters sanitary or combined sewers before or after discharge by a user shall thereafter also be called sewage. "Sewage" is essentially synonymous with the term "wastewater," except that wastewater may also contain liquid wastes discharged from industrial operations or processes. "Sanitary sewer" shall mean only those portions of the wastewater system which are designated to carry, transport, or dispose of wastewater. "Sedimentation" shall mean the process of gravity -induced settling, sinking and deposition of fragmented rock, soil, or organic particles displaced, transported, and deposited by erosive water-based processes. "Septage waste" shall mean waste material pumped from an on-site wastewater disposal system such as a septic tank or cesspool or holding tank. "Service line" shall mean a water service line constructed between the water main and the right-of-way or easement line in accordance with current Engineering_Desi_ gn and Construction Standards. 11 "Sewer lateral" shall mean a sanitary sewer constructed between the sanitary sewer main and the right-of-way or easement line in accordance with current Engineering Design and Construction Standards. "Siltation" shall mean deposition of soil, sand, and gravel on the surface or in stormwater conveyance systems as a result of erosion in tributary areas and transport by runoff water. "Single-family parcel or unit" shall mean a parcel which has been developed with a single-family living unit. "Single -metered building" shall mean a building with more than one unit where the utility account is measured through a single water meter and provides service to all units and / or common areas. "Site" shall mean the portion of a piece of property which is directly subject to development. "Slope" shall mean the inclination of a surface expressed in a ratio of horizontal run to vertical rise measured as a numerical ratio, percent, or in degrees. Expressed as a ratio, the first number is the horizontal distance (run) and the second is the vertical distance (rise), as 2:1. A 2:1 slope is a fifty (50) percent slope. Expressed in degrees, the slope is the angle from the horizontal plane, with a ninety (90) degree slope being vertical (maximum) and forty-five (45) degrees being a 1:1 or one hundred (100) percent slope. "Standard construction costs" shall mean the total cost of installation of a utility piping system, including the cost of all manholes, distribution system, or incidental work necessary to place the utility system in service, meeting the minimum size and installation requirements of the utility for the intended service. "Standard gravity sanitary sewer" shall mean a sanitary trunk sewer conveying flow to a point of collection without pumping and constructed in accordance with current Engineering Design and Construction Standards. "Standard gravity sewer connection" shall mean a connection made to a gravity trunk or lateral sanitary sewer of the City, except those City sewer lines located on the waterfront or pressure sewer line. "Standard stormwater sewer" shall mean a stormwater line not less than twelve (12) inches in diameter and constructed in accordance with current Engineering Design and Construction Standards. "Standard water main" shall mean a water distribution line constructed in accordance with current Engineering Design and Construction Standards. "Standards" shall mean the current Engineering Design and Construction Standards for the City of Bremerton. "Stormwater Manual" shall mean the manuals adopted in BMC 15.04.020. "Stormwater system" shall mean all facilities for collecting, transporting, pumping, treating and discharging stormwater. "Sump pump" shall mean a pump that conveys ground water or stormwater runoff away from a sensitive area of a property to prevent flooding or property damage. A sump pump that discharges into a sanitary sewer or wastewater system is an improper connection. "SWMMWW" shall mean the current version of the Washington State Department of Ecology's Stormwater Management Manual for Western Washington. 12 (t) Definitions "T": "Total suspended solids (TSS)" shall mean materials that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by laboratory filtering using the current accepted Standard Analytical Laboratory Methods Manual. "Townhouse" shall mean a row of homes that share common walls but ownership includes the land to each individual owner. "Triplex" shall mean a multifamily residential unit containing three (3) separate dwelling units with any configuration or three (3) dwelling units located on one (1) parcel. (u) Definitions "U": "Undeveloped parcel" shall mean any parcel of real property that has no structure or improvement requiring utility service or has not been altered by grading or filling of the ground surface, or by construction of any improvement or other impervious surface area that affects the hydraulic properties of the parcel. "Uniform Plumbing Code (UPC)" shall mean the latest version of the Uniform Plumbing Code that has been accepted by the City of Bremerton. "User" shall mean any person, business, or institution owning or controlling property for which utility service is provided and who is responsible for an account. "User parcel" shall mean any parcel of land within the utility service area to which water, wastewater, or stormwater service is currently provided or to which a charge is imposed therefor, or any other land with any significant manmade impervious surface. "Utility" shall mean the water, wastewater, and stormwater utility systems of the City. "Utility service agreement (USA)" shall mean an agreement that the person requesting utility service signs, which constitutes a contract with the utility. "Utility service rates" shall mean the rates charged for services. These will include the zero usage fixed fees which are for the maintenance and repair of the utility infrastructure and commodity charge for usage. Based on service location, other associated rates, fees and charges may be applied to the customer's account. (v) Definitions "V": "Verified strength" shall mean any wastewater discharge that exceeds the strength limits of the Commercial I through VII classes as defined in this section, or who desires to be charged for wastewater service on the basis of its specific discharge rather than average class strength. (w) Definitions "W": "Wastewater" shall mean liquid wastes, and all constituents dissolved or suspended therein, discharged by residential, commercial, or industrial users of the wastewater facilities system. "Wastewater" is essentially synonymous with the term "sewage." "Wastewater system" shall mean all facilities for collecting, transporting, pumping, treating, and disposing of sewage, including biosolid utilization. "Water meter" shall mean a device used to measure and record the amount of water flowing through a pipe. "Water system" shall mean all facilities for treatment, storage, pumping, transmission and distribution of water. "Watershed" shall mean a geographic region within which water drains into a particular river, stream, or body of water as identified and numbered by the State of Washington Water Resource Inventory Areas (WRIAs) as defined in Chapter 173-500 WAC. "Wetlands" shall mean those areas as defined in the City's critical areas ordinance and include areas that are inundated or saturated by surface or ground water at a frequency and 13 duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. 15.01.030 UTILITY SERVICE AGREEMENT. (a) Each customer of the utility and any person requesting utility service from the City for water, wastewater, or stormwater shall be required to make application and enter into a utility service agreement. Agreements shall be executed prior to connection to the utility system or activation of the account. (b) The utility service agreement shall include the name and address of the owner and the service address of the premises served together with the service requested. The agreement shall be signed by the owner of the property or the owner's designated agent and shall be filed with the City before building permit issuance. No partial utility service agreement will be issued or approved; all services requested will be listed on the application. The applicant shall pay all general facility charges (GFCs) and installation and inspection fees for the utility services, as herein provided, prior to making any water, sewer, or storm service connection. The building permit will not be issued until all of the applicable City fees are paid. Any request for deferment shall be in accordance with Bremerton Municipal Code Chapter 15.06. (kc) The utility service agreement and/or the utility billing owner/tenant change form for service shall constitute a contract between the applicant and the City in which the applicant agrees to pay for service provided at the rate and in the manner specified. (ed) The agreement shall be effective at the time it is signed by the Director and charges for service to the premises shall be assessed from date of connection. (€e) Customers may request written quotes from the Department for the fees, assessments and charges for utility service. Such quotes are valid for ninety (90) days from the date of the quote, or until the end of the calendar year, whichever is sooner. (g eighty (190) days. The etistemer-'s r-eqttest mttst be in wr-iting and mttst &Eplain t4e basis fer- t4e extension. 44te Dir-eeter- ea* atA4er-ize one (1) one hffndr-ed eighty (180) day extension a4 his or t4e agfeefn invalid as pfovided herein, all fees paid to t4e City for- t4iky seFviees r-eftmd afneffat shall be detefmified by t4e Pir-eetar-, based oft t4e work per-fer-med to date; if no0 fees. if t4e G4y has made payments to third pat4ies in r-elia*ee on t4e "14-y sen,iee , ° A customer can request in writing a refund of their Utility Service Agreement stating the reason for the request. When the request is received the Director will prorate the amount of refund based on the work performed to date, including consideration of any payments made to third parties in reliance on the utility service agreement. 14 15.01.040 CONDITIONS OF SERVICE - RETAIL. (a) Access. The Department shall, as a condition of providing utility service, be granted the authority by the property owner to make reasonable periodic inspections of the service connection and related appurtenances. Such inspections may be by the Ci1yDepaF4Fen4 or other appropriate agency to enforce any of the provisions of local, state, or federal laws, or any regulation adopted hereunder. Failure to conform to the terms and conditions shall constitute a breach of the agreement, and shall entitle the CilyDepaAmen to charge fees and enforce penalties or discontinue water service after notice as set forth in BMC 15.07.080 for delinquent (water, wastewater, stormwater) accounts. (b) Interruption/Failure of Service. TheCityDepaf4ren4 reserves the right to temporarily discontinue service at any time without notice to the consumer and the City shall not be liable for damages for such interruption or failure nor be held in breach of contract. It shall further be provided that the City shall not be held responsible for any damages resulting from defective plumbing or appliances on the premises, and the fact that the agents of the Depa4meat efCity have inspected the plumbing and appliances shall not constitute a basis of recovery. Damages to premises resulting from the utility system having been interrupted or failed shall not constitute a breach of contract on the part of the CityDepaFtment or in any way relieve the consumer from performing the obligations of his contract. 15.01.050 CONDITION OF SERVICE - CONTRACT. The Department may contract for sale of surplus water or collection of wastewater and/or stormwater with other districts or other public agencies providing utility service. Such services shall be through a wholesale contract, under such terms and conditions as shall be deemed fair and equitable by the CityDepa4ffiei4 and approved by the City Council. 15.01.060 PENALTY FOR FALSE INFORMATION. The conveyance to the CjjyDepaFtment of false information in an application for a utility service or adjustment credits shall forfeit the customer's rights to service or credits, and the customer, in the case of a credit adjustment, shall be required to reimburse the amount of the credit received where based upon such false information. 15.01.070 DEVELOPER SYSTEM IMPROVEMENT. A property owner or owners of any specified area situated within the utility service area requiring utility service in conjunction with development or redevelopment may petition the Department to construct public system improvements. The Department shall review the petition, and, subject to the utility system plan and engineering and economic feasibility, authorize construction of improvements. When completed and accepted by the CityDepaFtment in writing, and upon receiving final payment, the improvements shall become part of the utility's system and shall be conveyed to the City by deed of conveyance prior to service. 15.01.075 LOCAL IMPROVEMENT DISTRICTS. (a) If sixty percent (60%) or more of the property owners of a specified area situated within the utility service area petition the City to construct public system improvements, the City may construct said improvements upon execution of a local improvement district agreement between the property owners and the City specifying the improvements, the terms and conditions for the improvements, and the reimbursement of all costs associated with the improvements. 15 Reimbursement at actual costs, as adjusted by state and City regulation, for the improvements may be paid in full or in annual installments, plus interest at a rate determined by the City based on current market rates. (b) Deferred payments for the construction of system improvements shall be limited to system improvements and shall exclude connection fees, inspection fees, plan check fees, and general facility charges. (c) The City may construct the improvements, on behalf of the property owners, utilizing City staff, negotiated contracts, or competitive bids subject to state statutes governing utility construction. 15.01.080 DEVELOPER SYSTEM IMPROVEMENTS - FEES. The subsequent connection to the system improvements by the property owner shall be subject to applicable fees for service to include general facility charges, connection fees, and any other applicable fees established under this title. 15.01.090 PUBLIC UTILITY CONSTRUCTION AGREEMENT. A permit shall be required by the Department for all projects, alterations, repairs, or connections to the utility system. These activities include, but are not limited to, activities associated with the installation of new utility systems to be constructed by others and conveyed to the Department under the terms of a public utilities construction agreement; the opening, alteration, repair, or replacement of the utility system; the connection to the utility system; and the abandonment or disconnection from the utility system. Entering into a public utilities construction agreement with the City shall not relieve the agreement holder of the responsibility for obtaining such other permits and licenses as may be required by the Department, City, county, or other districts in whose jurisdictions the improvements/repairs are made. The permits shall be available from the Department with fees established by the assessment, rates, fees, and charges set forth in Chapter 15.06 BMC. 15.01.100 DEVELOPER SYSTEM IMPROVEMENTS - REIMBURSEMENT AGREEMENTS. (a) The City may enter into reimbursement agreements with property owners responsible for the installation of system improvements to provide for reimbursement to owners by others benefiting from the improvements and connecting to the improvements at a later time. Requests for reimbursement by the property owner pursuant to this section shall be made in writing prior to entering into the public utilities construction agreement. Specific provisions of reimbursement shall be included in the reimbursement agreement. The Department shall determine the area that is subject to the reimbursement and shall identify the properties benefiting from the utility system improvements in a description or a drawing that will become part of the public utilities construction agreement. (b) Reimbursements will be added to the City's permitting and licensing computer system. (c) Reimbursement from each benefiting property owner shall be determined by the Department as stipulated in the system improvement agreement. Cost recovery payments by properties benefiting from connections to developer extensions shall be collected by the City. 16 (d) Reimbursement to the property owner constructing the improvement shall be limited to fifteen (15) years from the date of acceptance of the improvement. The City shall retain fifteen percent (15%) of the cost recovery payments for maintaining records and administration of the program and forward the remainder of the payment to the property owner who originally constructed the water, wastewater, or stormwater system improvement. 15.01.110 ENGINEERING DESIGN AND CONSTRUCTION STANDARDS. (a) The Engineering Design and Construction Standards are those as defined and developed by the Department and approved by the Director. (b) An applicant may request a deviation pursuant to BMC 11.12.080(b). 15.01.120 BONDING. The Department shall require a performance bond/deposit and warranty bond/deposit for all utility work in accordance with BMC 11.02.220. 15.01.130 AUTHORITY. The Department of Public Works and Utilities by and through its Director is charged with the administration and enforcement of the provisions of this title. The Director shall have the authority to: (a) Develop and adopt procedures as needed to implement this code and to carry out the responsibilities of the Department. (b) Request the assistance of other City departments to administer and enforce this code. (c) Assign the responsibility for interpretation and application of specified procedures to divisions within the Department of Public Works and Utilities. (d) Require or allow a performance or maintenance assurance surety when authorized by a provision of this chapter. (e) Act as final authority requests for variance from requirements of this title. (f) Amend, interpret, and allow deviations from the Engineering and Design Construction Standards when the Director finds that said reasons are in the best interest of the community. The Director is further authorized to establish minimum requirements for the design and construction of transportation facilities, utilities, and other public infrastructure, and requirements for protecting existing facilities during construction. The Engineering and Design Construction Standards shall be consistent with this code and adopted City policies. Modifications to or deviations from adopted Engineering Design and Construction Standards must be supported, in writing, and demonstrate that the public interest is protected, and the modification is based upon sound engineering and/or public safety principles and adequately addresses all relevant functional, safety, maintenance, and aesthetic concerns. If a deviation is requested by an applicant, the Director shall require all necessary information to be provided by the applicant, and the applicant shall pay all City costs, including staff time and consultant fees, associated with reviewing and approving the deviation request. (g) Apply for grants to conduct transportation improvements. 17 SECTION 2. Chapter 15.02 of the Bremerton Municipal Code entitled "Water" is hereby amended to read as follows: CHAPTER 15.02 WATER 15.02.010 PURPOSE. This chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the water system. 15.02.020 WATER SYSTEM PLAN. A water system plan shall be developed by the Department as required by WAC 246-290- 100. The plan shall be approved by the Mayor, adopted by the City Council, and administered by the Director. 15.02.030 SERVICE AVAILABILITY. Water service is considered available if the property is situated within the water service area defined in the water system plan and is adjacent to the water system; and further provided that: (a) The water system has the capacity and facilities to accommodate the additional demand, or the property is part of a water system local improvement district or utility local improvement district and has been assessed for water improvements. (b) The connection is consistent with the water system 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. Any customer or potential customer within the water service area and not adjacent to the water system may be connected to the water system subject to meeting the above requirements and establishing a local improvement district, utility local improvement district, or entering into a public utilities construction agreement with the City for system extension and/or improvements of the water system for service to the premises. For the purposes of this section "adjacent" shall mean water extended to and though the frontage or to and through the property to potential adjacent development. 15.02.040 SERVICE BEYOND CITY LIMITS. Property that is outside existing City limits shall be permitted water service only upon entering into an outside utility agreement with the City providing for: (a) 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; (b) Consistency with any proposed extraterritorial comprehensive land use plan and development standards for the property adopted pursuant to RCW 35.13.177 for new development; and (c) Consistency with adopted City ordinances and policies for new development; (d) Consistency with the adopted city water system plan and Engineering Design and Construction Standards for new developments. IN 15.02.050 WATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS - GENERAL. All water mains 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. All water system extensions shall be installed from the existing water main to the proposed development and along the entire frontage of the premises of the development to be served. No connection shall be made to new water 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 warrant, bond(s). The Department may, at its option, require installation of water mains larger than the minimum sizes specified in the Engineering Design and Construction Standards to provide for adequate future capacity within the water system. The City may authorize the entering into a cost sharing agreement to contribute to the cost for larger mains or other improvements based upon the water system plan. 15.02.060 ABANDONMENT OF PRIVATE SYSTEMS. Upon completion of a new water main, owners of premises adjacent to or within two hundred fifty (250) feet of the main, who are being supplied with City water service through a private system or have a connection to a private service, shall make application for a new utility service agreement and shall install a separate service connection to the main. Service to the private main shall be discontinued ninety (90) days following completion of the new main. 15.02.070 PRIVATE PRESSURE ADJUSTMENT. Where water supply is not available to a premises because of low pressure during periods of peak demands for water, or where property is situated at such an elevation that it cannot be assured of adequate pressure, the owner may, at the owner's expense, install a pump or pump system to furnish supply pressure, which shall be approved by the Department. The Department approval shall be based on the protection of the safety and integrity of the water system and not on the adequacy of the private system's design for its intended use. The auxiliary system shall be separated from the meter box and remain the property of the property owner, who will be solely responsible for its maintenance and operation. In the event local conditions result in high pressure (exceeding eighty (80) psi), a pressure reducing valve may be required and installed at the expense of the owner. The pressure reducing valve shall be separated from the meter box and remain the property of the property owner who will be solely responsible for its maintenance and operation. 15.02.080 HYDRANTS. All fire hydrants shall be installed by the Department or a licensed contractor in compliance with the Engineering Design and Construction Standards. No person other than properly authorized employees or agents of the City shall operate fire hydrants. Location and configuration shall be reviewed by the local fire marshal and Bremerton Fire Marshal. All fire hydrants situated on private property for public use and to be maintained by the Department will require access at all times for operation and maintenance and the dedication of an easement to the City prior to acceptance by the Department. All fire hydrants located on private property for private use shall be connected to the utilitysystem by a Double Check Valve Assembles 19 Reduced Pressure Backflow Assembly. toe meter -ed system. Such hydrants shall not be maintained by the Department and shall be the sole responsibility of the property owner. 15.02.090 FIRE SERVICE AND IRRIGATION METERING. (a) Except as provided for in BMC 18.02.170, all fire service lines shall have separate service lines and separate meters. If the existing service to the property does not meet the correct flow requirement, the cost to install the correct size will be assessed and paid to the City before work is completed. All new and existing automatic or manual fire sprinkler (wet and combination standpipe) systems used for fire protection shall be metered at the expense of the owner. Failure to make application for and payment of all fees for the installation of a meter as required on non -metered fire lines within ninety (90) days of notification shall be cause for the discontinuance of water service to the fire protection system. (b) All commercial or industrial sites shall have separate metered service for irrigation if irrigation is part of the approved new development. 15.02.100 SERVICE CONNECTIONS. (a) All service connections shall be installed by the Department in accordance with the Engineering Design and Construction Standards. The service connections shall be extended at right angles from the water system to the property line and installed within the right-of-way not to exceed forty (40) feet from the main. The water service line within the public right-of-way shall be maintained by and kept within the exclusive control of the City. Each service connection shall have its own service line and meter. Installation shall be at the expense of the property owner. (b) Whenever an applicant requests and receives water service to a premises that does not front a main, a main shall be installed as a prerequisite to connect to the water system. (c) To service property which does not abut on a public right-of-way in which there is a water main, the Department may install a connection to the most appropriate main. This connection shall be perpendicular to the main to the right-of-way line, and installed within the right-of-way not to exceed forty (40) feet from the main, and permit connection therewith by the owner at the property owner's expense. (d) Every parcel under separate ownership connected to the water system shall be required to install a separate service connection to the water main, and the premises so supplied will not be allowed to supply water to any other premises or parcel. However, these restrictions shall not apply to existing services unless improvements are done to the parcel and the separate service and meter 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 discontinued. (e) When a single parcel of land having more than one (1) residential structure served by a single water meter is subdivided, the installation of new water service(s) shall be required for the structures on the newly established lots. The expense for installation of the new service(s) will be to the owner that subdivided the property, and application for the service(s) will be filed prior to the approval of subdivision. The new service(s) will be subject to all fees including general facility charges. (f) When an existing structure is removed and a new structure is constructed on the same property or parcel, a new utility service agreement is required. Any existing water service 20 line that does not meet current Engineering Design and Construction Standards and requirements shall be flow tested and approved by the Director- _for reuse. Any existing water service line determined to be substandard must be replaced as directed by the Director at the owner's expense. (g) In new and pre-existing water service connections where one (1) water service serves more than one (1) premises, each and every building or trailer, when connected to one (1) meter, must be provided with a separate shut-off valve. Shut-off valves shall be located so that each may be closed without disrupting water service to the remaining units. Each separate water service not already equipped with a shut-off valve as provided herein must install shut-off valves, at the owner's expense, within ninety (90) days of notice of defect. Failure to provide such valve, or to shut off the water at such unit when unoccupied, will be considered sufficient reason to deny any adjustment in the water bill in the event of leakage due to these causes. (h) The Department may require or allow additional service connections when such additional service connections are in the best interest of the utility. 15.02.110 CONNECTION SIZE. The size of each water service and tap shall be determined in accordance with the latest version of the Uniform Plumbing Code and the American Water Works Association (AWWA) guidance on sizing water service lines and meters, except that standby, fire -protection services shall be sized based on fire -flow requirements determined by the Fire Marshall. 15.02.120 METERS. All meters shall be and remain the property of the City and will not be removed unless the use of water on the premises is discontinued, abandoned, or otherwise removed by the City. All meters shall be sized as determined in accordance with the latest version of the Uniform Plumbing Code and the AWWA guidance on sizing water service lines and meters, except that standbv fire-brotection services shall be sized based on fire -flow reauirements determined by the Fire Marshall & 15.02.130 BACKFLOW/CROSS-CONNECTION CONTROL AND INSPECTION. Service from the water system may be contingent upon the installation of an approved backflow prevention assembly for the protection of the water system from actual or potential cross connections. The Department shall require annual testing and inspection of all backflow assemblies within its system to ensure proper function of assemblies and the level of protection is commensurate with the degree of actual or potential hazard to the water system. The Department shall notify property owners in writing thirty (30) days prior to the due date of their annual test/inspection. It shall be the responsibility of the property owner to provide the Department a satisfactory test/inspection report completed by a Washington State certified backflow assembly tester within thirty (30) days of written notification. In the event the Department does not receive a satisfactory test report within thirty (30) days of written notification, the Department will contact a certified tester to test the assembly, and the cost of the test, any necessary repairs, and an administration fee will be added to the customer's next utility bill. The customer may be assessed additional charges to their bill to 21 cover costs for time, expenses, and other related costs incurred by the Department if reasonable access is not granted to the tester to test the assembly. The Department shall inspect backflow assemblies for proper installation and protection commensurate with the degree of hazard, subject to a service fee. Any actual or potential cross connection, without the appropriate backflow protection, now in existence or hereafter discovered or created, shall be declared a prohibited act and shall be enforced accordingly. The elimination or protection from an actual or potential cross connection shall be in accordance with WAC 246-290-490. Water service shall be discontinued to any property for failure to comply with the provisions of this portion of the code. 15.02.140 WATER SYSTEM OPERATION AND MAINTENANCE - GENERAL. The Department shall be responsible for the operation, maintenance and repair of the water system under its jurisdiction and located within the public right-of-way, dedicated utility easements, and utility -owned property. The Department shall not be responsible for servicing private systems beyond its meters, or for public systems purchasing water under a wholesale contract unless otherwise agreed. When maintenance, repair, or replacement of the water system is required due to user activity resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this section, any expense incurred by the City to abate such conditions 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. 15.02.145 PROHIBITING FLUORIDATION. The water system of the City of Bremerton shall not be artificially fluoridated; i.e., that fluoride in any chemical form shall not be added, now or in the future, unless so ordained by a majority of the voters in an open election. 15.02.150 INTERRUPTION OF SERVICE - EMERGENCY. The Department may restrict the use of the water system through regulation or control of the use whenever an emergency exists affecting the water 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 make a reasonable attempt to provide notice of such emergency using appropriate methods of communication, setting forth any limitations on the use of the water 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 water system, or failure of the property owner to comply with the provisions of this code. 15.02.155 WATER SHORTAGE RESPONSE. It is in the public interest for the City to be prepared with an appropriate response in the event of a water shortage situation to protect the health, welfare, and safety of its users. (a) Authority. The Director shall have the authority to declare various stages of water emergencies and to implement the provisions of the Bremerton water shortage contingency plan. The stages of this plan are advisory, voluntary, mandatory restrictions, and emergency curtailment. 22 (b) Mandatory Water Restrictions. If mandatory water restrictions are declared, the Director shall issue a public notification of the nature of the restrictions. 15.02.160 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The City shall be responsible for the integrity, safety, and continuity of the water 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, 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 City shall have recourse to every remedy provided by law to secure entry and abate the condition. Such remedy may include, but not be limited to, securing property owner correction; revocation, suspension, or discontinuation of service, permits, or authorizations; removal, reconstruction, replacement, or alteration of unauthorized condition; or all other powers and remedies which may be available under law, this code, and regulations and procedures adopted hereunder. Any expense incurred by the water utility to abate such condition shall be the responsibility of the owner(s), in accordance to the current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any cost in collection. 15.02.180 METER OPERATION AND MAINTENANCE. The Department shall be responsible for all domestic and commercial meters under its jurisdiction. Where the accuracy of the reading of a water meter is questioned, the meter shall be removed at the customer's request and tested. The test may be performed in the owner's presence if requested. A written test report will be made. If the test discloses an over registration error by more than three percent (3%) in the meter registry, the excess of the consumption on the three (3) previous readings shall be credited to the customer's utility account. In the event that the meter is found to be under registering by more than three percent (3%) in the meter registry, the average loss of consumption of the previous three (3) readings shall be billed to the customer's utility account. For meter tests in excess of one (1) within a twelve (12) month period, the customer shall pay for each additional test. 15.02.190 EXCESSIVE CONSUMPTION. When excessive consumption periodically overloads the capacity of a meter supplying service to any premises, the Director shall determine the size of the service pipe from the main and the size of the meter necessary to give proper service without damage to the meter and shall notify the property owner of the requirement for replacement. The replacement of service connection shall be at the expense of the property owner. Failure on the part of the property owner to comply with the requirement within thirty (30) days shall be cause for the termination of water service until such requirement has been met. 23 15.02.200 WASTE. Any person or owner receiving water service shall not waste water, or allow it to be wasted, by imperfect or leaking stops, valves, pipes, closets, faucets, or other fixtures, or to use the water for purposes other than those named in the application. Violation shall constitute grounds for the discontinuation of water service. A discontinuance of water service notice will be sent to the customer giving them ten (10) days from the date of the notice to correct the problem or the service will be terminated. 15.02.210 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, repair, interfere with, or damage any water source, water main, pipe, machinery, tools, meters, hydrant, or any building, improvement, or other appurtenances belonging to, connected with, or under the control of the Department. (b) Contamination. It shall be unlawful for any person to contaminate, bathe in, or fish in any water system of the City. (c) Water Use During Emergency. It shall be unlawful for any person receiving water from the City to knowingly use water for lawn or garden sprinkling and irrigation purposes on any premises during the progress of a fire or any other emergency condition after notice of such restriction. (d) Obstructing Water Meter or Hydrant. It shall be unlawful for any person to obstruct the access to any water meter or hydrant by placing around or thereon any stones, bricks, lumber, dirt, or other materials; parking or standing vehicles, constructing fences, planting shrubs, or any other obstruction within five (5) feet of any water meter or hydrant. (e) Connection to Unauthorized System. It shall be unlawful to connect the water system to any premises or use not authorized through a service application. This includes connecting an adjoining property or building with a garden hose or some other means to bypass the purchase of a meter or service for that property. (f) Trespass in Closed Watershed. It shall be unlawful for any person to enter or remain on City properties posted as restricted property and facility lands without authorization by the Mayor or the Director. 15.02.220 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which 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(2). 24 SECTION 3. Chapter 15.04 of the Bremerton Municipal Code entitled "Stormwater" is hereby amended to read as follows: CHAPTER 15.04 STORMWATER 15.04.010 PURPOSE. This chapter establishes availability, conditions of service, system improvement requirements, and the operation and maintenance of the stormwater system. 15.04.015 AUTHORITY. The Department of Public Works and Utilities by and through its Director is charged with the administration and enforcement of the provisions of this chapter. The Director shall have the authority (a) Develop and adopt procedures as needed to implement this code and to carry out the responsibilities of the Department. (b) Request the assistance of other City departments to administer and enforce this Code. (c) Act as final authority for requests for variance from requirements of this chapter. (d) Amend, interpret and allow deviations from the City of Bremerton design and construction standards (enszineerinsz standards) when the Director finds that said reasons are in the best interest of the community. 15.04.020 ADOPTION OF MANUALS. The following manuals are hereby adopted by reference as currently published and as hereinafter amended: (a) Department of Ecology Stormwater Management Manual for Western Washington (SWMMWW); (b) Kitsap County Stormwater Management Manual for the hydrologic analysis and design of stormwater infrastructure not covered by the SWMMWW; (c) Low Impact Development Technical Guidance Manual for Puget Sound (LID Manual) by Washington State University and Puget Sound Partnership; and (d) Engineering Design and Construction Standards. Where referenced and adopted manuals are in conflict, the SWMMWW shall govern. 15.04.030 DEFINITIONS. In addition to definitions set forth in BMC 15.01.020, the definitions below and those set forth in the manuals adopted in BMC 15.04.020 are hereby incorporated. Where definitions provided below conflict with the manual, the definitions below shall prevail. In the context of stormwater management, if definitions in this section conflict with definitions in BMC 15.01.020 or other BMC chapters, the definitions set forth in this section shall prevail. "Bioretention" (also referred to as "bioswale" in other chapters of the BMC) means engineered facilities that store and treat stormwater by passing it through a specified soil profile, and either retain or detain the treated stormwater for flow attenuation. Refer to Chapter 7 of 25 Volume V of the Stormwater Manual in BMC 15.04.020 for bioretention BMP types and design specifications. "Drainage basin" shall mean an area from which runoff water collects to be discharged into a stream or other body of water. "Dry season" shall mean the months of May 1st through September 30th. "Low impact development best management practices (LID BMPs)" shall mean distributed stormwater management practices, integrated into a project design, that emphasize predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration. LID BMPs include, but are not limited to, bioretention/rain gardens, permeable pavements, roof downspout controls, dispersion, soil quality and depth, minimal excavation foundations, vegetated roofs, and water re-use. "Low impact development (LID)" shall mean a stormwater and land use management strategy that strives to mimic predisturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on-site natural features, site planning, and distributed stormwater management practices that are integrated into a project design. "Low impact development (LID) principles" means land use management strategies that emphasize conservation, use of on-site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff. "Maintenance covenant" means a covenant running with the land pursuant to RCW 89.12.060, which shall bind every person having any interest in the property and the stormwater controls, and shall be binding upon and inure to the benefit and burden of the owner, and their respective heirs, successors and assigns, in a format provided by the City. The covenant shall identify stormwater system ownership, responsibility, and liability for the operation, maintenance and reporting for the stormwater system, facility, or LID BMPs and protect them from conversion or elimination in perpetuity. It shall be recorded with the Kitsap County Assessor's Office. "Maintenance schedule" means a document detailing required stormwater facility maintenance activities to be performed at specified intervals. "National pollutant discharge elimination system (NPDES) stormwater discharge permit" shall mean a permit issued by the Environmental Protection Agency (EPA) (or by the Washington Department of Ecology under authority delegated pursuant to 33 USC Section 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. "Operation and Maintenance Manual" means a written manual that provides a description of operation and maintenance procedures for specific stormwater control facilities, for use by operation and maintenance personnel. "Owner" means any person or persons having a legal or equitable property right or interest, whether or not said right is legal or equitable in character, including a fee owner, contract purchaser or seller, mortgagor or mortgagee, optionor or optionee, and beneficiary or grantor of a trust or deed of trust. "Sub-basin" shall mean a drainage area that drains to a watercourse or water body which is contained within a basin. "Stormwater Manual" shall mean the manuals adopted in BMC 15.04.020. "Wet season" shall mean the months of October 1st through April 30th. 26 15.04.040 STORMWATER COMPREHENSIVE PLAN. A stormwater comprehensive plan shall be developed by the Department meeting the provisions of RCW 35.67.030. The plan shall be approved by the Mayor, adopted by the City Council and administered by the Director. 15.04.050 STORMWATER MANAGEMENT PROGRAM (SWMP). A stormwater management program plan shall be administered by the City pursuant to the Western Washington Phase II Municipal Stormwater NPDES Permit currently in effect and issued by the Washington State Department of Ecology in compliance with provisions of the State of Washington Water Pollution Control Law, Chapter 90.48 RCW, and the Federal Water Pollution Control Act (the Clean Water Act), Title 33 United States Code, Section 1251 et seq. 15.04.060 SERVICE AREA. Stormwater service is considered available to all of the public and private property within the City of Bremerton. Stormwater service area includes all public and private properties within the City of Bremerton through either natural drainages, direct discharge to receiving water or constructed conveyance systems. Service is considered available for all properties in the City of Bremerton; however, storm drainage mitigation may be required pursuant to BMC 15.04.070. 15.04.070 REGULATED ACTIVITIES. Consistent with the minimum requirements contained in this section, the City shall approve or disapprove the following activities, unless exempted in BMC 15.04.080: (a) New development; (b) Redevelopment; (c) Construction site activities; and (d) Property maintenance, repair or replacement activities meeting specific thresholds as defined by SWMMWW. 15.04.080 EXEMPTIONS. Commercial agriculture, and forest practices regulated under WAC Title 222, except for Class IV - general forest practices that are conversions from timber land to other uses, are exempt from the provisions of this section. Development undertaken by the Washington State Department of Transportation in state highway rights-of-way is regulated by Chapter 173-270 WAC, the Puget Sound Highway Runoff Program. All other new development and redevelopment is subject to the minimum requirements of this chapter. 15.04.090 STORMWATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS - GENERAL. All stormwater 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 manuals adopted in BMC 15.04.020. All stormwater 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 stormwater mains larger than the minimum size specified in the Engineering Design and Construction Standards to provide for adequate capacity within the 27 stormwater system. The Department is authorized to enter into cost sharing agreements to contribute to the cost for larger stormwater mains or other improvements based upon the stormwater comprehensive plan. A covenant and/or easement shall be recorded with the Kitsap County Auditor's office for each property containing or served by stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and maintenance of LID facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to LID facilities on private property to allow inspection. 15.04.100 LOW IMPACT DEVELOPMENT - ALTERNATIVE STANDARDS. (a) The City encourages low impact development (LID) best management practices (BMPs), as an alternative to conventional stormwater management systems that rely on detention ponds and closed conveyance. LID is intended to manage runoff close to the source of generation and to mimic the predeveloped hydrologic condition of a site. Beginning January 1, 2017, the City will require the use of low impact development best management practices, for new development and redevelopment, in accordance with its National Pollution Discharge Elimination System (NPDES) permit as issued, and as may be amended, by the Washington State Department of Ecology. (b) LID is accomplished first through minimizing the impervious surface coverage and second by managing runoff through dispersion, infiltration, evapotranspiration, or a combination of these approaches. Use of LID BMPs may reduce or eliminate the need for conventional detention facilities but does not remove the obligation to comply with the minimum requirements of the Stormwater Manual. (c) A variety of BMPs to minimize impervious surfaces and to manage stormwater have been developed and tested for use in Western Washington. These BMPs and the overall LID approach are described in the SWMMWW and additional guidance is provided in the LID Manual. (d) The menu of LID BMPs identified in the SWMMWW are accepted by the City for use in stormwater site plans to address the minimum requirements for flow control and runoff treatment in this chapter, subject to the specifications, performance standards, and design criteria in the SWMMWW and review and approval under this chapter. (e) A covenant and/or easement shall be recorded with the Kitsap County Auditor's Office for each property containing or served by storm drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. The covenant/easement shall identify requirements and liability for preservation and maintenance of low impact development facilities approved under this chapter and privately held in individual or undivided ownership or intended for public ownership, shall restrict conversion of LID facilities, and shall grant the City access to low impact development facilities on private property to allow inspection, maintenance, and repair. 15.04.110 SERVICE CONNECTIONS. All service connections shall be installed by a contractor licensed in accordance with the provisions of this chapter in compliance with the Engineering Design and Construction Standards as adopted in BMC 15.04.020. The service connections and stormwater lateral shall be extended at right angles from the stormwater maim to the property line and shall be owned and maintained by the property owner. During improvements to a site where the existing stormwater connection does not meet current Engineering Design and Construction Standards, requirements of the standards shall apply if the improvements can be installed for twenty-five percent (25%) or less of the total improvement cost of the project or, if in the judgment of the Director, the improvements are necessary to protect other upstream and downstream properties. IHSUs cannot be transferred from one property or account to another property or account. 15.04.120 ON-SITE PRIVATE DEVELOPMENT OR REDEVELOPMENT IMPROVEMENTS. All new or redevelopment projects shall provide on-site water quality and quantity improvements to include conveyance facilities, retention/detention ponds, under -drains, infiltration facilities, or other on-site stormwater drainage facilities necessary to mitigate any increase in stormwater runoff, control off-site discharge of stormwater and provide stormwater quality treatment. All storm drainage improvements shall be in accordance with the Engineering Design and Construction Standards and the requirements of this chapter. On-site facilities shall be regularly maintained, cleaned, serviced and repaired by the owner. Any facility that has not been serviced or maintained and is not functioning as designed is nonconforming pursuant to this chapter and Engineering Design and Construction Standards and will be subject to abatement under BMC 15.04.140. Constructed facilities shall not be removed. 15.04.130 STORM DRAINAGE SAMPLING STATIONS. When required by the Department, the property owner shall install and maintain at their expense a storm drainage sampling station downstream from the private stormwater drainage facilities to facilitate observation, sampling, and measurement of surface drainage and stormwater flows prior to discharge into the stormwater system. The storm drainage sampling station shall be located as approved by the Department and constructed in accordance with Engineering Design and Construction Standards. 15.04.140 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department shall be responsible for the integrity, safety, and continuity of the stormwater 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 the premises a nonconforming, illegal, unauthorized, or unsafe condition or to verify no such condition exists. The Director may enter onto such property to inspect conditions 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 nonconforming, illegal, unauthorized, or unsafe conditions. Such remedies may include, but not be limited to, securing property owner's correction; 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 29 current assessments, rates, fees, and charges set forth in Chapter 15.06 BMC, including any related cost and cost of collection. 15.04.150 STORMWATER SYSTEM OPERATION AND MAINTENANCE - GENERAL. The Department shall be responsible for the operation, maintenance and repair of the stormwater mainssystem and catch basins under its jurisdiction which are i 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 City's stormwater system, except as provided in this chapter. When maintenance, repair, or replacement of the City's stormwater system is required, due to user activities resulting in unsafe, nonconforming, or unauthorized conditions as set forth in this section, 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. 15.04.160 CONSTRUCTION AND MAINTENANCE OF PRIVATE STORMWATER FACILITIES. (a) All stormwater facilities required under this chapter shall be constructed and maintained as set forth in the Stormwater Management Manual, the approved permits, and/or in accordance with the current Engineering Design and Construction Standards. (b) Maintenance of Private Stormwater Facilities. (1) The person or persons holding title to the property and the applicant required to construct a stormwater facility shall remain responsible for the facility's continual performance, operation, and maintenance in accordance with the standards and requirements of the Stormwater Management Manual, this chapter, the approved permits, and/or in accordance with the current Engineering Design and Construction Standards and shall remain responsible for any liability as a result of these duties. Language designating the responsible parties shall be printed on the face of the plat documents, covenant, easement or other agreement recorded with the Kitsap County Auditor's Office for each property containing or served by said stormwater drainage facilities. This covenant/easement shall be in a form approved by the City Attorney. (2) All new development and redevelopment that installs or expands existing stormwater infrastructure, treatment and/or quantity control shall submit a maintenance covenant and maintenance plan; that will run with the property, their heirs and assigns. The covenant shall include a site plan with details of all components used in the system such as pipes, catch basins, LID BMPs, and green stormwater infrastructure; the covenant shall identify parties responsible and liable for the operation and maintenance of said facilities. The maintenance plan shall include all system components, features, maintenance schedules and reporting requirements. Upon acceptance, the covenant shall be recorded with Kitsap County Auditor's Office. (3) A maintenance covenant shall be recorded for rain gardens, or other green stormwater infrastructure (GSI) installed on private property with Bremerton Utilities financial assistance. The property owner accepts responsibility to maintain and operate the feature as defined in the covenant unless released by the City through a recorded instrument filed with Kitsap County Assessor's Office. (4) A maintenance and inspection report for stormwater systems shall be submitted annually to the Director by February 28th of each year to document maintenance of stormwater 30 facilities for the preceding year. The report shall contain: the date maintenance and/or inspection tasks were completed and a summary of stormwater facilities including catch basins, LID BMPs, quantity and quality features. (5) The City shall have authority to periodically enter upon the property and inspect the stormwater facilities to ensure such compliance and to issue orders requiring maintenance and/or repair. In event that the titleholders or other responsible parties do not effect such maintenance and/or repairs, the Director may abate the condition, by either making the corrections or by termination of the water service until the connection is made and/or by filing a lien against the property. (6) When an inspection identifies an exceedance of the maintenance standard or a nonconforming, unauthorized condition, maintenance/repair shall be performed in accordance with the following schedule: (i) Within thirty (30) days for typical maintenance of facilities. (ii) Within one (1) year for maintenance that requires capital construction of less than twenty-five thousand dollars ($25,000). 15.04.170 INTERRUPTION OF SERVICE - EMERGENCY. The Department may restrict the use of the stormwater system through regulation or control of the use whenever an emergency exists affecting the stormwater 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 stormwater system that may be deemed necessary for public health and safety. The City shall not be held responsible for any damage to a private property resulting from interruption, failure of the stormwater system, or failure of the property owner to comply with provisions of this code. 15.04.180 CHANGED SITE CONDITIONS. When an alteration to an existing parcel of property requires a building or grading permit, a new utility service agreement shall be required if any existing stormwater connection does not meet the current Engineering Design and Construction Standards. Prior to entering into a new utility service agreement, the stormwater connection shall be videoed and approved by the Director for re -use. Any existing stormwater connection determined to be substandard must be replaced as directed by the Director, at the owner's expense. 15.04.190 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 stormwater facilities, including pipes, machinery, tools, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of the Department. (b) Prohibited Discharges. (1) No person shall throw, drain, or otherwise discharge, cause or allow others under his/her control to throw, drain or otherwise discharge into the municipal storm drain system any materials other than stormwater. 31 (2) Examples of prohibited contaminants include but are not limited to the following: Acids, alkalis, or bases; Animal carcasses; Antifreeze and other automotive products; Bark and other fibrous materials; Batteries; Chemicals not normally found in uncontaminated water; Chlorine, bromine, or other disinfectants; Construction materials; Decant water, Degreasers and/or solvents; Domestic animal wastes; Drain cleaners; Dyes, unless approved by the City; Flammable or explosive materials; Food wastes; Heated water; Lawn clippings, leaves, or branches; Metals in either particulate or dissolved form; Paints, stains, resins, lacquers, or varnishes; Pesticides, herbicides, or fertilizers; Petroleum products including but not limited to oil, gasoline, grease, fuel oil and heating oil; Radioactive material; Recreational vehicle waste; Sewage; Silt, sediment, concrete, cement sl, urry or gravel; Soaps, detergents, or ammonia; Steam cleaning wastes; Swimming pool cleaning wastewater or filter backwash; Trash or debris; Any other process -associated discharge except as otherwise allowed in this section; and Any hazardous material or waste not listed above. (c) Allowable Discharges. In accordance with the Western Washington Phase II Municipal Stormwater Permit, the following types of discharges shall not be considered illegal discharges for the purposes of this chapter unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water: Air conditioning condensation; Discharges from emergency firefighting activities; Diverted stream flows; Flows from riparian habitats and wetlands; Footing drains; Foundation drains; 32 Irrigation water from agricultural sources that is commingled with urban stormwater; Rising ground waters; Springs; Uncontaminated ground water infiltration as defined in 40 CFR 35.2005(20); and Uncontaminated pumped ground water. (d) Conditional Discharges. The following types of discharges shall not be considered illegal discharges for the purposes of this chapter, if they meet the stated conditions, or unless the City determines that the type of discharge, whether singly or in combination with others, is causing or is likely to cause pollution of surface water or ground water: (1) Potable water, including water from water line flushing, hyper chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. These planned discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH -adjusted, if necessary and in volumes and velocities controlled to prevent resuspension of sediments in the stormwater system. (2) Lawn watering and other irrigation runoff. These types of discharges shall be permitted if the amount of runoff is minimized through water conservation efforts. (3) Dechlorinated swimming pool / hot tub discharges. These discharges shall be dechlorinated to a concentration of 0.1 ppm or less, pH -adjusted and reoxygenized if necessary, volumetrically and velocity controlled to prevent resuspension of sediments in the stormwater system. Discharges shall be thermally controlled to prevent an increase in temperature of the receiving water. Swimming pool / hot tub wastewater and filter backwash shall not be discharged to the stormwater system. R (4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. These d seharoes shall be permitted, if the amount of street wash and dust control water used is minimized- and catch basin inserts designed to treat and / or filter wash water prior to entry into the stormwater mains are installed. At active construction sites, street sweeping must be performed prior to washing the street- and catch basin inserts designed to treat and / or filter wash water prior to entry into the stormwater mains must be installed (5) Nonstormwater discharges covered by another NPDES permit. These discharges shall be in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations. (6) Other nonstormwater discharges. These discharges shall be in compliance with the requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved by the City, which addresses control of such discharges by applying AKART to prevent contaminants from entering surface or ground water. (e) Prohibited Connections. (1) The construction, use, maintenance, or continued existence of illicit connections to the stormwater system is prohibited. (2) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (3) A person is considered to be in violation of this section if the person connects a line conveying sewage to the MS4 or allows such a connection to continue. 33 15.04.200 ELIMINATION OF IMPROPER STORMWATER INFLOW TO THE WASTEWATER SYSTEM. (a) Purpose. The purpose of this section is to significantly reduce improper stormwater inflow to the wastewater system in order to eliminate or reduce instances of combined sewer overflow events and surcharged sanitary sewers due to the improper inflows, which are detrimental to public health and welfare; and to maximize efficient operation of the wastewater system and treatment plant. (b) Stormwater connections to the wastewater system are prohibited, as of January 1, 2005. A property that maintains a stormwater connection after January 1, 2005, is charged a fee for the connection pursuant to BMC 15.06.050(b), Rates - Stormwater. (c) Director's Authority to Order Disconnection. (1) Purpose. The Director_ has the authority to order the disconnection of improper stormwater inflow to the wastewater system where that disconnection is necessary to meet combined sewer overflow reduction and elimination of sanitary sewer surcharging. The order of disconnection will generally be in target areas as defined elsewhere in this section. (2) Notice. Director's order of disconnection will be provided in writing and will establish an effective date by which the improper stormwater inflow shall be discontinued. The effective date shall be no sooner than ninety (90) days from the date of the letter. The effective date may be extended in writing by the Director. (d) Target Areas. The Director may identify target areas within the wastewater service area (sewer or storm drainage basins or sub -basins) which have the highest priority for reduction of improper stormwater inflow to the wastewater system based upon combined sewer overflow events and sanitary sewer surcharge problems. (e) Abatement of Improper Stormwater Inflow. Whenever an improper stormwater inflow to the wastewater system exists subsequent to the disconnection requirements specified elsewhere in this section, the Director may abate the condition including: reconstruction, replacement or removal on public or private property as specified elsewhere in this chapter. 15.04.210 VIOLATION ENFORCEMENT - PENALTY (a) Any violation of any provision of this title 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 title shall be guilty of a misdemeanor pursuant to BMC 1.12.020, Penalties. SECTION 4. Chapter 15.05 of the Bremerton Municipal Code entitled "Fats, Oils and Grease" is hereby amended by amending Section 15.05.050 entitled "Standards" to read as follows: 15.05.050 STANDARDS. (a) Grease Interceptor. (1) Each facility is solely responsible for the cost of the grease interceptor installation, inspection, cleaning and maintenance. (2) Grease interceptor sizing and installation shall conform to the requirements contained in the latest version of the Uniform Plumbing Code (UPC) or other criteria as 34 determined on a case-by-case basis based on review of relevant information, including, but not limited to, grease interceptor performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs. The aforementioned determinations may or may not conform to the Uniform Plumbing Code construction standards or sizing criteria for grease interceptors or similar devices. The minimum capacity of any exterior grease interceptor will be based on DFU's (Drainage Fixture Unity , oved by the r`,iFee Supporting sizing calculations shall be submitted to the City. (3) Grease interceptors shall be designed using standard engineering principles for sedimentation and flotation in gravity separators. The grease interceptor will have a minimum of two (2) compartments with fittings designed for grease retention. (4) Grease interceptors shall be installed in accordance with the Engineering Design and Construction Standards. (5) Grease interceptors shall be installed at a location where it is easily accessible for sample collection, inspection, and cleaning and removal of retained grease. The grease interceptor may not be installed in any part of the building, unless preapproved, and the location must meet the approval of the City. (6) Grease interceptors shall be located in the food service establishment's lateral line between all fixtures which may introduce grease into the wastewater system and the connection to the wastewater system. Such fixtures shall include but not be limited to sinks, dishwashers, floor drains for food preparation and storage areas, mop sinks, and any other fixture which is determined to be a potential source of grease. (7) Grease interceptors must be vented. (8) Flushing the grease interceptor with water having a temperature in excess of one hundred forty (140) degrees Fahrenheit is prohibited (maximum temperature for effect on concrete). (9) Grease interceptors shall be equipped with a sampling port at the outlet of the interceptor. Inspection tees and manholes must enable the City to monitor and test the discharge for compliance with City requirements or to allow monitoring and testing in accordance with the rules and regulations of other federal, state or local agency having governmental or contractual jurisdiction within the wastewater system. (10) Access manholes, with a minimum diameter of twenty-four (24) inches, shall be provided over each chamber and sanitary tee. The access manholes shall extend at least to finished grade and be designed to prevent water inflow or infiltration. The manholes shall also have readily removable covers to facilitate inspection, cleaning and removal of retained grease and sample collection. Riser maximum will not exceed twenty-four (24) inches. (11) Grease interceptors shall be considered out of compliance if the total volume of grease and solids displaces more than twenty-five (25) percent of the effective volume of the final chamber of the interceptor. Grease interceptors must be serviced and emptied of accumulated waste content as required maintaining a minimum design capability or effective volume, but not less than once every ninety (90) calendar days. If a facility determines that cleaning every ninety (90) calendar days is unnecessary in order to remain in compliance with requirements, the facility may make a written application for a variance from the cleaning schedule. (12) Sanitary wastes (restroom wastes) cannot be introduced into the grease interceptor. 35 (13) Any facility that has a grease interceptor shall maintain a pumping contract with a licensed grease pumping company. The pumping company will pump the interceptor on a regular schedule without notification from the food service. The pumping company will notify the City if the contract is canceled by either party. (14) Wastes removed from a grease interceptor shall be disposed of at a facility permitted to receive such waste. Neither grease, solids nor liquids removed from grease interceptors shall be returned to any grease interceptor, private sanitary sewer line, any portion of the wastewater system or any portion of the stormwater system. (15) All facilities shall maintain a written record of inspection and maintenance activities and the rendering/disposal company manifest for a minimum of three (3) years. All such records shall be submitted to the City and made available for on-site inspection during all operating hours. (b) Grease Trap. Each facility is solely responsible for the cost of the grease trap installation, inspection, cleaning and maintenance. (1) Grease trap sizing and installation shall conform to the requirements contained in the latest version of the Uniform Plumbing Code or other criteria as determined on a case-by- case basis based on review or relevant information, including, but not limited to, grease trap performance, waste stream characteristics, facility location, maintenance needs, and/or inspection needs, but in no case will the grease trap be less than twenty (20) gallons per minute flow rate. The aforementioned determinations may or may not conform to the Uniform Plumbing Code construction standards or sizing criteria for grease traps or similar devices. (2) Grease traps shall be designed using standard engineering principles for sedimentation and flotation in gravity separators. (3) Grease traps shall be installed in accordance with the Engineering Design and Construction Standards. (4) Grease traps shall be installed at a location where it is easily accessible for sample collection, inspection, and cleaning and removal of retained grease. (5) Grease traps shall be located in the food service establishment's lateral line between all fixtures which may introduce grease into the wastewater system and the connection to the wastewater system. Such fixtures shall include sinks, drains and other fixtures for food preparation and storage areas, and any other fixture which is determined to be a potential source of grease. Fixtures such as waste disposal units and dishwashers shall not be connected to the grease trap. (6) Flushing the grease trap with water having a temperature in excess of one hundred forty (140) degrees Fahrenheit is prohibited. (7) Grease traps shall be equipped with a device to control the rate of flow through the unit. The rate of flow shall not exceed the manufacturer's rated capacity recommended in gallons per minute for the unit. (8) Grease traps shall be considered out of compliance if the total volume of grease and solids displaces more than twenty-five percent (25%) of the effective volume of the chamber. The facility and inspector will determine and document the mutually agreed upon maintenance schedule and complete debris removal frequency. (9) Sanitary wastes (restroom wastes) cannot be introduced into the grease trap. (10) Neither grease, solids nor liquids removed from grease traps shall be returned to any grease trap, private sanitary sewer line, any portion of the wastewater system or any portion of the stormwater system. 36 (11) All facilities shall maintain a written record of inspection and maintenance activities for a minimum of three (3) years. All such records shall be made available for on-site inspection by representatives of the City during all operating hours. SECTION 5. Chapter 15.06 of the Bremerton Municipal Code entitled "Assessments, Rates, Fees and Charges" is hereby amended by amending Section 15.06.020 entitled "Service Connection and Expansion Fees and Charges" to read as follows: 15.06.020 SERVICE CONNECTION AND EXPANSION FEES AND CHARGES. (a) General Facility Charge. (1) A general facility charge (GFC) shall be charged on all new or expanded service connections to the utility system (water, wastewater, and stormwater). Existing approved connections for water and wastewater within the system shall be considered to have paid their proportionate share of the GFC for existing use. Surface area impact for stormwater as of October 7, 2004, shall also be considered to have paid their proportionate share of GFC for existing use. (2) The utility GFCs shall be adjusted annually as set forth in BMC 15.06.015 in addition to any other adjustments that may be made by the City Council. GFCs shall not vest. Any vesting requirements set forth in the Bremerton Municipal Code, including, but not limited to, BMC 20.12.170, do not apply to utility GFCs. GFCs shall be paid at the current rate in effect at the time payment is made. (3) Parcels and/or facilities which have had utility services but have been inactive can request to have the inactive account reactivated. When the account is restored and/or expanded, the GFCs shall only be charged for the additional demand placed on the water, wastewater, or stormwater facilities. All appropriate GFCs (water/wastewater/stormwater) will need to be paid to reactivate the services. (4) Parcels and/or facilities in which no utility services are present shall be defined as new undeveloped parcels and shall receive no credits and shall pay all applicable assessments, rates, fees, and charges. (5) Utility services are considered to be present if a water service or a sewer lateral is physically in place and historically served that parcel. Parcels that have utility services currently present, but their facilities have been removed and new facilities constructed, will not have to pay additional GFCs, unless the meter size is increased. (6) Change of meter size for the parcel and/or facility, or change of IHSU, which is a reduction in GFCs will not be refunded or credited. (7) Change of meter size for the parcel and/or facility which is an increase of GFCs will require the customer to pay for the additional GFCs before work is performed. Similarly, an increase in surface area impact for stormwater shall require the customer to pay the net increase in IHSU before work is performed. (8) The calculation of the GFC for stormwater shall be based on the total number of IHSUs added to the parcels. (9) The calculation of the GFC for water shall be based on the meter size to be installed for a new or expanded water service. (10) The calculation of the GFC for wastewater shall be based on the meter size to be installed for the new or expanded water service. 37 (11) The calculation of GFCs for stormwater shall be based on the number of impervious/hard surface units (IHSUs) as defined in BMC 15.01.020. However, all single -family residential parcels as defined in BMC 15.01.020 shall be one (1) IHSU. (12) All GFCs shall be assessed and paid at the time of execution of the utility service agreement, prior to ^ of the new of expanded pafeel andlor fiae4 iesmaking any water, sewer, or storm service connection, and shall be in addition to rates and other fees, assessments, and charges established for utility service. Payment of Mees -f gement& eemme* te nittl6ple par-eels eff a plat may be pr-epet4ie*ally alleeated affieffg these par-eels with CFG in egeet a4 the tifne of payment, as set feFth in BN4G 15.06.015, as well as any (13) Payment of QFC fees for improvements common to multiple parcels on a plat may proportionally allocated among those hose parcels with payment deferred as approved by the Director at his or her discretion through a written agreement with the customer. Any deferment shall be in a written agreement recorded on the property. The agreement shall require that all deferred GFCs and related fees and costs be paid prior to issuance of building permits. In consideration for the deferral, the customer shall pay the current QFC in effect at the time of payment, as set forth in BMC 15.06.015, as well as any outstanding recording fees and other fees and costs related to the deferral agreement. (sb) Connection/Inspection Fee. A connection/inspection fee shall be charged for all service connections to the utility system. Additional fees may be charged if a reinspection is required as a result of the property owner/developer's failure to comply with the correction notice from a prior inspection, inaccessibility of facilities for scheduled inspections, or an unsafe site. The connection/inspection fee shall be paid at the time of execution of the utility service agreement, sr-prior to making any water, sewer, or storm service connection pe l�lic israanee, `v hieheyer- aeezirssvone . (dc) Capital Reserves. The general facility funds collected under this chapter shall be deposited in the Utilities Capital Reserve Fund and used only for utility system capital improvements. SECTION 6. Chapter 15.07 of the Bremerton Municipal Code entitled "Utility Billing" is hereby amended to read as follows: CHAPTER 15.07 UTILITY BILLING 15.07.010 PURPOSE. The provisionsofdi anees e0dified in this chapter provide for the establishment of a CityDep&Ftffwf4 billing and receipting system for the reimbursement of the costs of providing utility service. The CityDepaftffwnt is additionally authorized to provide to other municipal corporations billing and accounting services through interlocal agreement approved by the Mayor and authorized by the City Council. Utility billing shall be processed and administered by the Department of Financial Service, 15.07.020 UTILITY SERVICE ACCOUNTS. The CityDepawneat shall create a utility service account upon receipt of an executed utility service agreement or an executed owner/tenant form as applicable. The account shall be in the name of the owner and may be activated or terminated only upon written notice by the owner and payment for services provided. Owners of a single water metered building shall be the bill paeponsible for all charges to the account. Billing for utility services shall commence for each service at the date of connection of each service to the property or the date of the closing of sale for a property. Billing for mandated wastewater service, as directed by the Health District local Health Officialef or the Director regardless of connection, shall commence sixty (60) days following written notice by the Health District local Health Officialer or the date of connection, whichever shall occur first. All utility billing forms will be available on the City of Bremerton website. Electronic signatures will be accepted for all utility billing online application submittals. When it benefits the utility to do so and at the discretion of the P4 he Wofks and Utili�;o� Director of Financial Services, or desi _gneeD�eeter-, a credit may be authorized for a utility customer not to exceed fifty dollars ($50.00) per year per account. A credit in excess of this amount requires City Council approval by motion or resolution. 15.07.030 ACCOUNT MAINTENANCE. Whenever the owner of a premises connected to the utility system desires to have the service activated or discontinued for his own or another's use, he shall notify utility billing in writing on the forms provided. The CityDepffi4ffien4, upon payment of a service fee, will activate or discontinue service or prorate the customer bill for partial billing periods upon the request of the owner. Reconnection of service will require payment for all outstanding fees and charges to the account. Where a water service has been inactive, meter pulled, house removed, or the house has been vacant for more than one hundred eighty (180) days and the owner petitions to reactivate the service to the premises, in addition to making application, if the service has been vacant for five (5) years or longer, a flow test will be required to evaluate the service to determine if adequate flow is currently available. The CityDepaf4He*t will perform the flow test at no cost to the owner. A service fee and payment for any unpaid previous charges shall be assessed prior to activation of the service. If inadequate flow is determined, a new service will be required by the CityDepaFtn+ent and shall be at the expense of the owner. Where the sewer lateral has been (1) capped and the house removed or (2) the sewer account has been inactive for more than one hundred eighty (180) days, the sewer lateral will be videoed by the City. If the video, in the shows that the sewer is in good condition then the sewer can be reactivated. If the video indicates that the sewer lateral, in the opinion of the CityDiFeeter is defective, then the new sewer lateral will be required and shall be replaced at the expense of the owner. 39 15.07.040 BILLING STATEMENT. The CityDep&Ftffiei4 shall regularly bill each utility service account for all fees, rates, and charges for service during the billing period. Payments received on each service account shall be applied in the following priority to the outstanding account balances: abatement charges, fees, administrative charges, stormwater impact fee, stormwater charges, wastewater charges, and water charges. Receipts shall be credited to the oldest balances first. A utility bill shall be considered past due thirty (30) days after date of billing. A utility bill which remains unpaid after the due date shall be classified as a delinquent account and shall be subject to delinquent charges. 15.07.050 BILLING AND DUPLICATE BILLINGS. Billing statements shall be mailed to the address requested by the property owner. Duplicate bills sent to a different address shall be assessed a duplicate billing charge, if applicable, sufficient to recover all costs of processing and mailing. The property owner shall be responsible for all fees, rates and charges on the utility service account regardless of the use of the duplicate billing procedures or their request to send the statement to their tenant or agent. 15.07.060 AUTOMATIC CASH TRANSFER. A property owner ori designated agent may at his option request in writing, on the form provided by the Ci1yDep&F4Fei4, direct automatic transfer of funds from a designated account at a financial institution to the LijyDepaFtmeat for payment of utility service. The property owner shall receive a statement of the charges to be paid and the transfer shall be made at the time of the due date of the regular billing of the account. 15.07.070 DESIGNATED AGENTS. Any property owner may designate an agent to receive billing and provide for account maintenance. To designate an agent, the owner must deliver to the utility billing office a properly executed form provided by the CityDep&F4Fef4. The owner shall be responsible for notifying the CityDepaFtn+ent of any change in the agent's status. 15.07.080 DELINQUENT ACCOUNTS. The CityDePaF4ffef4 shall have the right at its option to terminate service to the premises for which the account is delinquent, provided service is not to be terminated for those accounts which require utilities for the operation of life-sustaining machines or equipment. Such an exception shall require the submission of written documentation of the requirement signed by a licensed physician, following each notice of delinquency and must be submitted to and approved by the Director. Failure to receive a billing statement does not relieve the utility account from receiving charges or penalties. When an account becomes delinquent, the CityDepffl4ffief4 shall provide written notice to the owner or agent notifying that the account is delinquent. The written notice shall contain the following information: date of termination which shall be no sooner than ten (10) days from notice; a statement of the reason for the proposed termination of service; a statement of what may be done to avoid termination; a statement that M the property owner may file a written appeal with the CityDepaFtmei4, and the rights of the property owner to dispute the proposed termination. The CityDepaftment shall visit the service address ten (10) days following the written notification and physically place a final notice of termination on the door of the residence. The notice shall contain the following information: the reason for termination of service; the time in which service will be discontinued which shall not be sooner than forty-eight (48) hours from final notice; a statement of what may be done to avoid termination; a statement that the property owner may file a written appeal disputing the proposed termination. Prior to the shut off during the 48 hour notice the tenant can request to continue service by paving the current charges on the account. If payment is not received within forty-eight (48) hours following final notice, the service to the premises shall be terminated. 15.07.085 TAMPERING WITH WATER SERVICE AFTER TERMINATION. A tampering fee shall be assessed to the account of any person that turns on a water service without authorization after it has been shut off by the City. Further incidents of tampering will cause the account to be assessed at twice the tampering fee for each additional occurrence. After any person has tampered in three consecutive occurrences, the City shall disable the water service in such a manner that there is a physical disconnection of the water service from the city water main. The account shall be charged a disabling fee for the cost to disconnect the service line. The fee shall include the total cost of labor, material, equipment and any administrative or overhead charges. 15.07.090 LIENS. Any and all charges provided for in this chapter shall constitute a lien against the property served when the charges become delinquent and unpaid. Enforcement and collection of the lien shall include, but not be limited to, the right to discontinue service and deny service thereafter to any and all owners and/or occupants or tenants at the premises until the lien has been satisfied. In the case where the owner of the premises moves to another location within the service area or applies for service at a new location, service may be denied at such location until the lien at the first location has been satisfied. The CityDepaFtment shall file a lien against the property served at the office of the County Auditor for Kitsap County when a utility account becomes delinquent and unpaid. Such lien shall include the delinquent charges, a charge for the cost of preparing and filing said lien. Failure to receive a bill does not relieve an owner or user of the responsibility for payment of charges and penalties on the account. 15.07.100 DEFERRED PAYMENT. A deferred payment arrangement may be extended to customers for the payment of delinquent accounts where the customer can demonstrate a temporary inability to make full payment. Customers who have failed to comply with previous payment arrangements, have a history of payment problems or fail to stay current in utility bills may be denied deferred payment arrangements or have arrangements terminated. 41 15.07.110 ADJUSTMENTS. In the event of excessive registration of the water meters caused by broken or leaking water service lines upon the premises of any customer, without knowledge or fault of the customer, an adjustment may be requested upon written application within a thirty (30) day period of receipt of the billing in question. All repairs must be completed satisfactorily and with documentation of satisfactory repair. For all repairs completed within sixty (60) days after notification of the leak, reduction in charges are limited to one-half of the excess water billing and the entire excess sewer billing as determined by the CityDep&F4Fei4 to be associated with the billing period in question. If the customer fails to make repairs within the sixty (60) days after the notification of the leak, the CityDep&F4Re+4 will not make any adjustments to the customer's account for any of the excessive water or sewer usage. If a customer disputes an adjustment, an appeal may be filed as set forth herein. 15.07.120 METER FAILURE. In the event of a meter failing to register properly, the user shall be charged an estimate of the consumption from whatever may be considered the most reliable data or method available to the CityDepaf#ne*t. The adjustment may be for a period up to three (3) years. 15.07.130 DISCONNECTION. No person or owner of any premises connected to the City's water supply system shall disconnect the water on said premises, unless theyhe shall first file a written request and pay all arrearages current on water usage for said premises. SECTION 7. Chapter 15.08 of the Bremerton Municipal Code entitled "Appeals" is hereby amended to read as follows: CHAPTER 15.08 APPEALS 15.08.010 APPEALS - PUBLIC SALOPA C AND UTILIT-47 DEPARTMENT OF FINANCIAL SERVICES. A property owner, tenant or developer ("customer") shall have the right to appeal matters dealing with u414y accounting, billing and service termination. In the case of termination of service, an appeal shall be filed in writing with the W e -ks a*d Utilit-yDepartment of Financial Services ("Depa-*mefltl within fourteen (14) days of the notice of termination. All other complaints shall be filed within thirty (30) days of notice of the action appealed. The CityPepffl4ffien4 shall be required to respond in writing to the appellant within thirty (30) days affirming or reversing its decision or requesting additional information for adjudication of the complaint. 15.08.020 APPEAL - ADMINISTRATIVE HEARING EXAMINER. Any customer aggrieved by the Ci 's decision after a written complaint has been denied by the CityDePaFtffwi4 under BMC 15.08.010 may, within fourteen (14) calendar days from the date that the CityDepaFtment's decision was mailed to the customer, appeal such denial or revocation by filing a written notice of appeal setting forth the grounds therefor with 42 the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon, the Administrative Hearing Examiner shall, after appropriate findings of fact and conclusions of law, affirm, modify, or overrule the CityDep&Ftffiei4's decision, and may impose any terms thereupon. The decision of the Administrative Hearing Examiner shall be final. The customer and/or the City may seek review of the decision by the superior court of Washington in and for Kitsap County within twenty-one (21) calendar days from the date of the decision. SECTION 8. 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 9. 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 10. 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. ATTEST: ANGELA WOODS, City Clerk PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. GREG WHEELER, Mayor APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 2019. 2019. R:\Legal\Legal\Ordinances\Public Works & Utilities\Title 15 Updates 2019\Title 15 -Municipal Utilities - 9-5-19.docx 43 SUBJECT: Acceptance of the Lodging Tax Advisory Committee's FY -2020 Funding Recommendations AGENDA BILL �� CITY OF BREMERTON CITY COUNCIL Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: September 11, 2019 September 19, 201 Q City Council Pat Sullivan, LTAC Chair (360) 473-5280 SUMMARY: The Lodging Tax Advisory Committee (LTAC) received twenty (20) requests for funding. After interviews with applicants and review of the applications, committee members reached consensus and are now recommending funding to 12 of 15 eligible applicants. Of the approximately $830,000 in revenue to be available for distribution in Fiscal Year 2020, the LTAC is recommending allocations of $430,000 for the following: • $27,500 for New Projects up to 3 years • $180,814 for Recurring Projects • $221,686 Unallocated Funds to be carried over to the FY2020 Beginning Fund Balance Also, for the the FY2020 Budget, funding to be included for the City of Bremerton's commitment for $400,000 to the following through 2022: • $250,000 for Operations of the Kitsap Conference Center • $150,000 for Operations of the Admiral Theatre ATTACHMENTS: 1) Exhibit A - LTAC Recommendations for2020 Updated FISCAL IMPACTS (Include Budgeted Amount): RCW 67.28 specifies that a municipality may either accept or reject the committee's recommendations. If any individual recommendation is rejected by City Council, then the unallocated amount will be held in the fund's reserve. Funding may only be allocated to the list of eligible applicants provided by the LTAC. STUDY SESSION AGENDA: ❑ No Presentation x❑ Full Presentation STUDY SESSION ACTION: x❑ Postponed RECOMMENDED MOTION: Move to accept the Lodging Tax Advisory Committee's FY -2020 Funding Recommendations per Exhibit A; and to include the allocations in the City of Bremerton's Fiscal Year 2020 Proposed Budget. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 gineering Fair (WSSEF) Event/Festival Operation $45,000 $45,000 $45,000 Bremerton Chamber of Commerce Recurring Tourism Promotion $43,814 $43,814 $43,814 sap Historical Society & Museum Recurring Tourism Promotion $25,000 $25,000 $25,000 Visit Kitsap Peninsula Recurring Tourism Promotion $40,000 $10,000 $10,000 Subtotal Recurring Projects $180,814 Kitsap Pride Network New Event/FestivalOperation $6,000 $6,000 $6,000 <y Bremerton Foundation New Tourism Promotion $13,000 $13,000 $5,500 3oomtown Productions New Tourism Promotion $5,000 $5,000 $5,000 Aective Visions Gallery New Event/FestivalOperation $3,000 $3,000 $3,000 WayzGoose Kitsap New Event/FestivalOperation $11,000 $11,000 $3,000 Heavy Jeens New Tourism Promotion & Event/FestivalOperation $19,920 $19,920 $2,500 entinetti Puppet Museum New Tourism Promotion $15,000 $5,000 $2,500 Downtown Bremerton Association New Tourism Promotion $40,000 $40,000 $0 io-American Association of Kitsap County New Event/Festival Operation $5,000 $5,000 $0 Cascade Writers New Event/FestivalOperation $5,000 $5,000 $0 ubtotal New Projects $27,500 viral Theatre Foundation (through 2022) Dedicated $150,000 :sap Conference Center (through 2022) Dedicated $250,000 Subtotal Dedicated Projects $400,000 Total FY2020 ling Recommendations $608,314 From: Christine Grenier on behalf of City Council Sent: Wednesday, September 11, 2019 423 PM To: Patty Cc: Arne Bakker; diane Robinson Subject: RE: Lodging Tax Recommendations - Eligibility Difference (VKP) Ms. Graf -Hoke, This is to acknowledge receipt of your letter, which has been provided to Council Members for their review. Due to the subject matter, a copy will also be included in the record. Legislative/Auditor Assistant Bremerton City Council (360) 473-5280 City-Council@ci-bremerton.wa.us www. BremertonWA.pov From: Patty <grafhoke@visitkitsap.com> Sent: Wednesday, September 11, 2019 4:07 PM To: Pat Sullivan <Pat.Sullivan@ci.bremerton.wa.us> Cc: Eric Younger ceric.younger@ci.bremerton.wa.us>; Christine Grenier <Christine.Grenier@ci.bremerton.wa.usa; Arne Bakker<arneb@portofbremerton.org>; diane Robinson<elandangardensbonsai@gmail.com>; City Council <City.Council@ci.bremerton.wa.usa Subject: Eligibility Difference Dear Council Member Sullivan and Bremerton City Council Members: The VKP is disappointed to learn that it is the only organization among recurring fund applicants (see attached jpeg. image) that the Committee has chosen to apply a different calculation to determine the VKP's fund eligibility. Visit Kitsap Peninsula wishes to confirm the Bremerton Lodging Tax fund request for $40K is a solely a percentage, 7.03%, of the VKP's total 1.2 -month annual marketing budget. The fund includes thousands of dollars that directly benefit dozens of Bremerton events, attractions, and businesses. For the sake of accuracy, the VKP sincerely hopes you and the Council will please reconsidering this decision and afford the VKP the same eligibility status based on the same calculation applyed to other recurring applicants. Sincerely, Patricia Graf -Hoke Director, Visit Kitsap Peninsula rad fhoke visitkitsap.com/350-908-0088 FY 2020 Bremerton Lodging Tax Funding Recommendations Exhibit A (Organization Project Category Request Eligible Request Bremerton Historic Ships Recurring Association Tourism Promotion 557,800 $57,000 Washington State Science & Recurring Engineering Fair {WSSEF) EventlF+estivat operation $45,000 $45,000 Bremerton Chamber Recurring of Commerce Tourism Promotion $43,814 $43,814 Kitsep Historical Society & Recurring Museum Tourism Promotion $25,000 $25,000 Visit Kitsap Peninsula Recurring Tourism Promotion $40,000 $10,000 Patricia Graf -Hoke Director, Visit Kitsap Peninsula 360-908-0088 - prafhoke@visitkitsaq.com www,VisitKitsai).com Visit K Peninsula the Natural Side of Puget Sound Kit -sap 1'-ninsula 1lliancc I anner 4230 Bayshore Dr. NW, Suite 101, Silverdale, WA 98383 - 800-337-0580 - info0)yisitMtsap.com Official Destination Marketing Organization & Website for the Kitsap Peninsula Region Kitsap Peninsula National Water Trails - www �itsapp ninsul atertrails cam This electronic mail is intended solely for the person and/or entity to which it is addressed and may contain information that is privileged and/or confidential. Copying, forwarding or distributing this Electronic mail and its attachments, if any, is strictly prohibited. If you have received this email in error, please notify the sender immediately and delete the material from your computer system. From: Christine Grenier on behalf of City Council Sent: Wednesday, September 11, 2019 1.13 PM To: Jessica Chan Subject: RE: Letter of Support - Heavy Jeens (Jessica Chan) Ms. Chan, This is to acknowledge receipt of your letter in support of Heavy Jeens, which has also been shared with the Council Members; and will be included as part of the record. Thank you for the taking time to submit your comments. Legislative/Auditor Assistant Bremerton City Council (360) 473-5280 City.CouncilCcDci.bremerton.wa.us www.BremertonWA.gov From: Jessica Chan rjessica.peien.chan@gmail.com> Sent: Tuesday, September 10, 2019 8:32 PM To: City Council City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens Hello! I am writing in support of Heavy Jeens. As a newcomer to Kitsap County, the discovery of this wonderful community project was a delight! I am an artist myself and try my best to make my work and art in general accessible and approachable. Heavy Jeens is a great effort in this arena and works to bring the community together in celebration of art and creativity. It benefits local businesses as people search the city for posters and creates opportunities for engagement between the public, business owners and artists. The fact that this program is free for participants makes it so valuable as there is no barrier of entry for the every day citizen to own and collect these wonderful pieces of art. In order to continue this, Heavy Jeens needs grants and financial support. Please consider how important this org is to our local community. Thank you!! Sincerely, Jessica C. Manette resident From: Christine Grenier on behalf of City Council Sent: Monday, September 9, 2019 10:24 AM To: Cassie Grace Subject: RE: Letter of Support - Heavy Jeens (Cassie Grace) Ms. Grace, This is to acknowledge receipt of your letter in support of Heavy Jeens, which has also been shared with the Council Members; and will be included as part of the record. Thank you for the taking time to submit your comments. I .,. Elm- Legislative/Auditor l Y - -G Legislative/Auditor Assistant Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www. Eire m erton.WA. gov F From:. Cassie Grace <thepapersandwich@gmail.com> Sent; Friday, September 6, 2019 7:00 PM To: City Council <City.Council@ci.bremerton,wa.us> Subject: Heavy Jeens and Bremerton! Hey Bremerton City Council, I just wanted to let you know I really love the Heavy Jeens project. I helped me spend time with my kids AND it got me downtown discovering the businesses down there. I now go to the liberty bay book store once a month with my kids rather than buying books online. I found the gift basket which perfect for helping me during birthdays and holidays. I would have never discovered them otherwise. I also love how educational the posters are and beautiful enough to hang in my home. The project is just awesome. Please keep it going. I tell all the moms I meet about it so they can get in on the adventure. I'd love to see it expand beyond just Pacific and 4th. I want to support local business and this project has helped me find there. Art+community+family+bus i ness=awesome ! Thank you! Cassie From: Christine Grenier on behalf of City Council Sent: Monday, September 9, 2019 10:19 AM To: Athena Cole Subject: RE: Letter of Support - Heavy Jeens (Athena Cale) Ms. Cale, This is to acknowledge receipt of your letter in support of Heavy Jeens, which has also been shared with the Council Members; and will be included as part of the record. Thank you for the taking time to summit your comments. Legislative/Auditor Assistant Bremerton City Council (360) 473-5280 City -Council@ ci.bremerton.wa.us www.BremertonWA. ov -----Original Message ----- From: Athena Cole <athenacole@hotmail.comy Sent: Friday, September 6, 2019 7:35 PM To: City Council City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens and Bremerton! Dear city council,. It is my pleasure to write you today and share the joy the monthly heavy jeans poster hunt brings to my world. It has become a tradition for at least one friend and I to meet downtown on the first Friday of the month, usually at the Torro Lounge for a yummy cocktail and appetizers then walk the streets hunting for the months poster. Even my daughter comes from Seattle occasionally to join us. We laugh and meet new people, sometimes business owners, sometimes fellow hunters and often business owners telling us' someone already found it' (dang)! Either way, it gets us out of the house, hanging with friends and spending time in our town that we love! What's the appeal? Is it just the hunt for the elusive free poster? Did I mention the quality is amazing? Well that's part of it. It's the tradition now. I look forward to it. It's checking in with Laura at Frog Soap, Nathaniel at Liberty Bay Books, Sam at Fingers Duke. It's the art, the appetizers, the sometimes live music on the street corners( i wish I could remember the name of that cool girl trio band from last month)! It's cool, it's fun, let's support it! Yay! heavy Jeens! Sincerely, Athena Cole From: Christine Grenier on behalf of City Council Sent: Monday, September 9, 2019 10:17 AM To: Brittany Resch Subject: RE; Letter of Support - Heavy Jeens (Brittany Resch) Ms. Resch, This is to acknowledge receipt of your letter in support of Heavy teens, which has also been shared with the Council Members; and will be included as part of the record. Thank you for the taking time to submit your comments. Legislative/Auditor Assistant Bremerton City Council (360) 473-5280 Citv.Co u nci I g c i. b re m e rto n. wa. us www.BremertanWA.gov -----Original Message ----- From: Brittany Resch <brittany.lauren.resch@gmail.com> Sent: Friday, September 6, 2019 9:22 PM To: City Council City.Council@ci.bremerton.wa.us> Subject: Re: Heavy Jeens community art project To whom it may concern: I'm writing to express my sincere gratitude and support of Karen Sawyer's community art project Heavy Jeens. Each month an artist contributes their work, which is then letterpress printed by hand, and distributed search -and -find style during Bremerton's first Friday art walk. Sharing art and creative thought already enriches a community, but this project takes an extra step by truly engaging participants and supporting local businesses who participate. There is a very active thread in this project weaving through artists, makers, and the community. From the message the artist presents, to the rich history and technical production of letterpress printing, and the concept behind the term "Heavy Jeens"- there's so much for the audience to learn and enjoy. Bremerton is fortunate to have artists who use their talents to activate the community. Karen Sawyer has created something really special and I would love to see the city support this and more projects like this. Thank you for your consideration, Brittany Resch From: Christine Grenier on behalf of City Council Sent: Friday, September 6, 2019 3'55 PM To: Susan Brooks -Young Subject: RE: Letter of Support - Heavy Jeens (Susan Brooks -Young) Ms. Brooks -Young, This is to acknowledge receipt of your letter in support of Heovyleens, which has also been shared with the Council Members; and will be included as part of the record. Thank you for the taking time to submit your comments. Legislative/Auditor Assistant Bremerton City Council (360) 473-5280 City.Council@ci.bremerton.wa.us www. BremertonWA.gov From: Susan Brooks -Young {sjbrooksyoung@gmail.com' Sent: Friday, September 6, 2019 3:47 PM To: City Council City.Council@ci.bremerton.wa.us>; Google mail csjbrooksyoung@gmail.coma Subject: Kudos to the Heavy Jeens project It's first Friday afternoon. In just a while, I'll shut down my laptop and head out to see if I can find this month's Heavy Jeens poster. While I'm looking for the poster I will visit various small businesses located downtown. I'll make a purchase in some. In others I will look around to see what those businesses have on offer and likely make a mental note to return at a later time to buy something. After I've explored downtown, I will head over to Manette and visit several businesses there. This month I'll be checking out a new business that is opening today. When I'm done shopping I will meet friends at a local restaurant for a drink and maybe dinner. And I will do all this whether or not I find a poster. However, if I didn't have a poster to look for, I could not guarantee my participation in the Art Walk. This is my fourth summer living in downtown Bremerton. The first two years my attendance at Art Walk was spotty. But since the launch of Heavy Jeens in June 2018, I've made a point of looking for a poster. Why? It's fun! It's a reason to get out there. It is something that's unique to Bremerton Art Walks, setting them apart from those held in other cities. In fact, I have met poster hunters from Seattle and Tacoma who come here regularly for Art Walk. I winter in a warmer climate. The town I live in there also hosts first Friday art walks, but the only time I go to one of those is when I have a specific purchase in mind. Otherwise, there's no reason for me to wander that downtown area. Bremerton is coming back to life. One thing that makes it distinctive is the growing arts community. I would hope that city council would do everything in its power to support projects like Heavy Jeens (Wayzgoose, too) as a way to make Bremerton a more inviting place for residents and visitors alike. Thank you, Susan Young 53 Brooks -Young Consulting Telephone: 951-202-2042 Web site: vuww.sjbrookaLyourng.ora Twitter: @sjbrooksyoung Facebook Business Page: www.fa book coml5ifirqgksYaungconsuiting "I've learned that people will forget what you said. people will forget what you did, but people will never forget how you made them feel," Maya Angeiou From; Christine Grenier on behalf of City Council Sent: Friday, September 6, 2019 3:54 PM To; Caitlin Newman Subject: RE: Letter of Support - Heavy Jeens (Caitlin Newman) Ms. Newman, This is to acknowledge receipt of your letter in support of Heavy teens, which has also been shared with the Council Members; and will be included as part of the record. Thank you for the taking time to submit your comments. Legislative/Auditor Assistant Bremerton City Council (360)473-5280 CiLtv.Council@ci.bremerton.wa.us www. BremertonWA.gov I] . From: Caitlin Newman cctnewman87@gmail.com> Sent: Friday, September 6, 2019 12:54 PM To: City Council cCity.Council@ci.bremerton.wa.us> Subject: Heavy jeens poster project The monthly Heavy Jeens poster hunt during First Friday artwalk is the reason we come back downtown after work. Last time, we dined out in Manette after hunting, Tonight, we are bringing two friends and plan to spend the night out in downtown. Throw all the support you can at this unique project that brings people to downtown Bremerton and Manette. Caitlin Newman From: Christine Grenier on behalf of City Council Sent: Friday, September 6, 2019 3:52 PM To: Barry Blankenship Subject: PE: Letter of Support - Heavy Jeens (Barry Blankenship) Mr. Blankenship, This is to acknowledge receipt of your letter in support of Heavy Jeens, which has also been shared with the Council Members; and will be included as part of the record. Thank you for the taking time to submit your comments. Legislative/Auditor Assistant Bremerton City Council (360)473-5280 City.Councii@ci.bremer-Lon.wa.us www. BremertonWA.gov From: Barry Blankenship rbarry.blankenship@yahoo.com> Sent: Friday, September 6, 2019 12:23 PM To: City Council <City.Council@ci.bremerton.wa.us7 Subject: Heavy Jeens Just writing to tell you how important seeing and finding artwork by local artists like Heavy Jeens in our downtown Arts District. I hope she continues to make more art and hope there is more incentive to have more art in our arts district. As an artist myself, seeing art created on a monthly basis is very inspiring and i can only imagine how inspiring it is to young artists in the area as well. Hope you help to continue supporting the arts! -Barry From: Christine Grenier on behalf of City Council Sent: Friday, September 6, 2019 3:48 PM To: Christopher Lux Subject: RE: Letter of Support - Heavy Jeens (Chris Lux) Mr. Lux, This is to acknowledge receipt of your letter in support of Heavy Jeens, which has also been shared with the Council Members;. and will be included as part of the record. Thank you for the taking time to submit your comments. Legislative/Auditor Assistant Bremerton City Council (360) 473-5280 City. Cc a nci IC«Dci.bremerton.wa.us www. BremertonWA.gov From: Christopher Lux <chrislux@live.com> Sent: Friday, September 6, 2019 12:21 PM To: City Council City.Council@ci.bremerton.wa.us> Subject: HeavyJeans Hello, I support Heavy Jeans in Bremerton. I have specifically gone to local businesses and found new favorite places to shop when out looking for their latest poster. The posters and the search for them help build the character and personality of Bremerton. My family and I look forward to many years of finding posters in the wild and helping watch the city grow. Chris Lux From: Christine Grenier on behalf of City Council Sent: Wednesday, August 21, 2019 610 PM To: Jess Sappington Cc: Patricia Graf -Hoke, Visit Kitsap Peninsula Subject: RE: Letter of Support - Visit Kitsap Peninsula (Jess Sappington) Ms. Sappington, This is to acknowledge receipt of your letter in support of Visit Kitsap Peninsula, which will be forwarded to members of the Lodging Tax Advisory Committee for their consideration. Also, after the LTAC has provided its recommendations to City Council for a final decision, your letter will be included in the record. Thank you for the taking time to submit your comments; and for offering to answer any questions that may come out of these meetings. Sincerely, Legislative/Auditor Assistant Bremerton City Council (360) 473-5280 Citv.CouncilL@ci.bremertoti.wa.us www.6remertonWA. ov From: Jess Sappington <manager@bremertonmarket.com> Sent: Wednesday, August 21, 2019 4:21 PM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Patty <grafhoke@visitkitsap.com> Subject: Visit Kitsap Support to Farmers & Markets Dear Christine Grenier & Bremerton Lodging & Tax Advisory Committee, I am writing this letter in place of in person support of Visit Kitsap during tomorrow's Bremerton Lodging & Tax Committee Meeting. Visit Kitsap, and specifically the assistance provided by Patty Graf -Hoke, is an invaluable resource for our local food community in Bremerton. Patty's year-round marketing encompasses local food events (like Farm Funk) and the weekly Bremerton Community Farmers Market. This assistance helps drive sales at our market and continually introduces new customers to our business and community. This keeps dollars circulating in our local economy and in the pockets of our farmers. I apologize for not being present and able to fully convey how important Visit Kitsap's support is to our food and farming community, but would welcome any questions you may have regarding this subject. Please feel free to contact me anytime. Sincerely, Jess Sappington, Manager (Bremerton Farmers Market) Co -Founder (Farm Funk Music Festival) Board Secretary (Kitsap Community & Agricultural Alliance) Food Systems Program Coordinator (WSU Kitsap Extension) 360-551-2417 September 11, 2019 Study Session Item C - Executive Session SUBJECT: RISK MANAGEMENT FUND BUDGET ADJUSTMENT SUMMARY: The 2019 Risk Management budget for Workers' Compensation personnel costs was calculated based on payment history from prior years. However due to unexpected workers' compensation claims with high medical costs and time loss benefits, Risk Management is requesting a budget adjustment to the Workers' Compensation personnel costs increasing Disability Pay (51030) an additional $110,000 and Personnel Benefits (52010) an additional $250,000. MOTION: Move to authorize a budget adjustment to the Workers' Compensation personnel costs increasing Disability Pay (51030) an additional $110,000 and Personnel Benefits (52010) an additional $250,000.