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Home My WebLink About09/18/2019 AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 SEPTEMBER 18, 2019 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting - September 4, 2019 C. Minutes of Study Session - September 11, 2019 D. 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 E. 2019-2021 Safe Routes to School Grant Acceptance; and WSDOT Local Agency Agreement for Bremerton School Zone Safety Improvements Project F. 2019-2021 Transportation Budget State Funding Acceptance; and WDOT Local Agency Agreement for SR 303 Warren Avenue Bridge Pedestrian Improvements Project G. Interlocal Agreement with Kitsap County and Port of Bremerton for Snow Plowing within the Olympic View Industrial Park H. Purchase of 2020 Ford Police Interceptor from Columbia Ford of Longview, WA I. Ordinance No. 5376 amending Title 15 of the Bremerton Municipal Code entitled "Municipal Utilities" 6. GENERAL BUSINESS - There are no General Business Items tonight... 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. MAYOR’S REPORT September 18, 2019 Photo courtesy of Port of Bremerton Finance Update City recently refinanced LTGO bonds (2010 and portion of 2010b) to new, lower interest rate resulting in a savings of more than $1 million over next 16 years •Saves money on plaza park parking garage and other bond payments •Interest rate on LTGO bonds was reduced to 1.67% from previous 5.94% •Reduced rate due to Moody’s recent upgrade in City’s credit rating to “Aa2” and City’s monitoring of lower interest rates on market LTGO: Limited Tax Obligation Refunding Kitsap Lake Update Aquatechnex, a leader in the field, was recently hired to develop a vegetation management and algae control plan for the lake: •Work to begin September 2019 through December 2019 •Will begin mapping, testing and identifying options for vegetation and algae control •Will update existing plans and suggest ideas/solutions for vegetation management •Results may provide data for petition to develop a new lake management district •Funding provided from $13,000 Ecology grant and $9,000 from the Stormwater Utility Goal is to understand the state of Kitsap Lake and provide options to help the community manage vegetation and algae blooms that impact water quality, habitat, and recreation. Join us to give input on the future of Bremerton’s Charleston District! WALKING TOUR | Thursday, September 26 – 4:00pm SE Corner of 6th Street and Callow Avenue COMMUNITY WORKSHOP | Thursday, September 26 – 6:30-8:30pm Norm Dicks Government Center, 345 6th Street Learn more at www.BremertonWA.gov/CharlestonDistrictWorkshop If you are unable to attend the workshop, please submit comments via email to Alyce.Fierro@ci.bremerton.wa.us [ [ Congratulations to Dave Sorensen, Hans Nilsson and Kelly Wells on their promotions in Information Technology! DAVE SORENSEN – IT Manager HANS NILSSON – IT Systems Engineer KELLY WELLS – IT Systems Administrator Recognition of Bremerton Police Department Officers Sergeant Sargent, Detective Thuring and Detective Ayers “I wanted to pass on what an excellent job BPD and especially Sgt. Sargent, Det. Thuring and Det. Ayers did in this investigation. Although the self-defense claim was pretty clear from the beginning, BPD’s team thoroughly investigated to ensure justice could be served. What struck me the most was the recognition and concern for the victim’s family.” -Cami G. Lewis, Chief Felony Deputy Prosecuting Attorney – Kitsap County Prosecutor’s Office commenting on the professionalism of officers in the Bremerton Police Department AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: September 18, 2019 Department: Legal Services Presenter: Angela Woods Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 386006 through 386197 and Electronic Fund Transfers V20250 through V20311 in the grand total amount of $1,952,125.32 2. Regular Payroll for pay period ending August 31, 2019 in the amount of $855,859.29 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – September 4, 2019 Study Session Date: N/A COUNCIL MEETING Date: September 18, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Council Meeting held on Wednesday, September 4, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the September 4, 2019 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5B DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 4, 2019 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, September 4, 2019, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council Vice President Leslie Daugs presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, and Pat Sullivan. Council President Eric Younger and Council Member Kevin Gorman were absent. Also present were City Attorney Roger Lubovich; City Clerk Angela Woods; Legislative Office Manager Lori Smith; and Information Services Manager Dave Sorensen. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Pastor Roger Hennigan of Apostolic Life Tabernacle. SWEARING-IN CEREMONY Police Chief Jim Burchett introduced new Police Officers Jordan Kennedy, Paul Madison, and Adam Merritt; and then brought forward Judge James Docter to administer their Oath of Office. MAYOR’S REPORT Mayor Wheeler…  Was pleased that the City of Bremerton’s Bond Rating was upgraded to Aa2; City employee ride sharing and smart commuting has increased by 52%; and that Bremerton continues its commitment to the arts;  Brought forward Public Works Director Tom Knuckey to acknowledge Wastewater Manager Patric Coxon and several members of his crew for again being recognized by the Washington State Department of Ecology for the 2018 Outstanding Wastewater Treatment Plant;  Expressed pride in learning that Chance Berthiaume, Stormwater Permit Coordinator was quoted in the a national publication “Stormwater – The Journal for Surface Water Quality Professionals”; and  Highlighted the positive results due to proactive code enforcement. PUBLIC RECOGNITION Jamie Hughes, Public Information Officer for the Kitsap County Amateur Radio Club, provided a briefing on the success of the Club’s 2019 Field Day; specifically thanked Council Member Richard Huddy for attending the event this year, presented him a certificate to make him an honorary member; and invited everyone to attend 2020 Field Day next year on Saturday, June 27, 2020. David Raymond thanked everyone who participated in the annual Kitsap 9/11 Memorial Summer Clean Up held in August; although sympathized, expressed his concerns about a homeless person who was camping on the site of the Memorial; and invited the community to attend the September 11 Ceremony hosted by the Kitsap 9/11 Memorial and VFW Post 239 next week at 6:00 PM. Jerry McDonald asked for a response to his previous request for Council Members to reverse the censure made against Council Member Richard Huddy because he believes there was not proper due process, and feels the Council “rushed to judgment”. CONSENT AGENDA 6A – Claims & Check Register: Check Numbers 385837 through 386005, and EFT-V20204 through EFT-V20249 in the amount of $3,401,300.77; and Retiree Payroll for the pay period ending August 31, 2019 in the amount of $52,342.54 City Council Reg. Mtg. Minutes Wednesday, September 4, 2019 Page 2 of 3 6B – Minutes of Meeting – August 21, 2019 6C – Minutes of Study Session – August 28, 2019 6D – Confirming Mike Riley as the Director of Financial Services; and Setting the Salary at Pay Band 22, Rate 2 of the 2019 Management, Professional, Confidential & Fiduciary Salary Plan 6E – Setting the Salary for Caroline Tompson as the Assistant Director of Financial Services at Pay Band 16, Rate 4 of the 2019 Management, Professional, Confidential & Fiduciary Salary Plan 6F – Confirming the Appointment of Patricia Jenkins as the Managing Engineer-Utilities at Pay Band 16, Rate 8 of the 2019 Management, Professional, Confidential & Fiduciary Salary Plan 6G – Contract Modification No. 1 to the Professional Services Agreement with Robinson Noble, Inc. for Hydrogeological Oversight of Wells 2R and 7 Redevelopment 6H – Contract Modification No. 2 to the Professional Services Agreement with Rice Fergus Miller, Inc. for Hazardous Material Inspection and Reports for Fire Stations No. 2 and 3 Remodels There were no questions or comments from the public… 06:07:39 M/S/C/U (Goodnow/Wheat) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS – There were no General Business items… COUNCIL MEMBER REPORTS Pat Sullivan shared that Albers Vista Gardens was hosting the next workshop this Saturday, September 7; encouraged volunteers to the Lions Park Shoreline Weeding Party on Saturday, September 14; and invited the community to a special “Getting Ready for Fall & Winter Shoreline Weeding Party & BBQ” on Saturday, September 21 from 9:00 AM to 12:00 PM. Lori Wheat congratulated City employees for their promotions; welcomed the new Public Works Utilities Managing Engineer and Police Officers; and reminded all City of Bremerton residents that with proof of residency they are invited to dispose of yard waste at no cost during the Beautify Bremerton event on Saturday, September 14. Michael Goodnow congratulated local and family-owned business Unique Embroidery Custom Embroidery for their recent Open House to celebrate the Grand Opening of their newer and bigger space just down the street at 623 North Callow Avenue. Richard Huddy referred to an email from a citizen asking the City to consider correcting the name of Wycoff Avenue to appropriately honor Lieutenant Ambrose Wyckoff, and encouraged any residents interested in participating on a “Committee to Add the K” to please contact him at the City Council Office. Leslie Daugs announced the Municipal Court’s 30-Day Amnesty Period for outstanding fines and Mitigation by Mail Program; reiterated that public comments relating to the SR303 Corridor Study will be accepted online until September 6; encouraged the community to participate in the Bremerton School District’s Survey to help improve communication with the community by September 13; looked forward to the Fil-Am Idol “Battle of the Champion” Competition Grand Finals on Saturday, September 7 from 4:00 PM at the Fil-Am Center; and shared (on behalf of Council Member Gorman) that Manette Fest will be this Saturday from 9:00 AM to 4:00 PM. City Council Reg. Mtg. Minutes Wednesday, September 4, 2019 Page 3 of 3 EXECUTIVE SESSION At 6:23 PM, Vice President Daugs announced that a 15-Minute Executive Session would be held to discuss “Potential Litigation” as allowed under RCW 42.30.110 (1) (i), and that action was anticipated… At 6:38 PM, Vice President Daugs called the meeting back to order… 06:38:50 M/S/C/U (Goodnow/Sullivan) Move to authorize the City Attorney to file condemnation proceedings to obtain permanent and temporary easements on Kitsap County Parcel # 172401-1- 030-2000 abutting Harlow Drive, and on any other Parcel abutting Harlow Drive on which easements cannot be obtained, that are necessary to make the street improvements to complete the Kitsap Lake Elementary Safe to School Project. With no further business, Vice President Daugs adjourned the Council Meeting at 6:40 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 18th day of September, 2019. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ ANGELA WOODS, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – September 11, 2019 Study Session Date: N/A COUNCIL MEETING Date: September 18, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on Wednesday, September 11, 2019 are attached. ATTACHMENTS: 1) Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the September 11, 2019 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5C DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, September 11, 2019 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, September 11, 2019, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Legislative Assistant Christine Grenier was present to provide staff support. President Younger emphasized that the Study Session is open to the public, and except for Item C, there will be no opportunities for input or participation; no action is anticipated; and the content of these items is subject to change. If approved by the Council, the items will be placed on the September 18, 2019 City 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 Consent Agenda 2. 2019-2021 Safe Routes to School Grant Acceptance; and WSDOT Local Agency Agreement for Bremerton School Zone Safety Improvements Project Consent Agenda 3. 2019-2021 Transportation Budget State Funding Acceptance; and WSDOT Local Agency Agreement for SR303 Warren Avenue Bridge Pedestrian Improvements Project Consent Agenda 4. Interlocal Agreement with Kitsap County and Port of Bremerton for Snow Plowing within the Olympic View Industrial Park Consent Agenda 5. Purchase of one 2020 Ford Police Interceptor from Columbia Ford of Longview, WA Consent Agenda 6. Ordinance amending Title 15 of the Bremerton Municipal Code entitled “Municipal Utilities” Consent Agenda 7. Acceptance of the Lodging Tax Advisory Committee’s FY-2020 Funding Recommendations Remanded to Lodging Tax Advisory Committee B. GENERAL COUNCIL BUSINESS o General Council Business was briefly discussed. President Younger called a break from 7:14 to 7:20 PM… C. EXECUTIVE SESSION At 7:20 PM, President Younger announced a 15-Minute Executive Session would be held to discuss “Potential Litigation or Legal Risks of a Proposed Action” as allowed per RCW 42.30.110 (1) (i) - Subsection (C), and that action was anticipated…At 7:35 PM, President Younger called the regular Study Session back in session… President Younger summarized that 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. City Council Study Session Minutes Wednesday, September 11, 2019 Page 2 of 2 There were no questions or comments from the public… 07:36:00 M/S/C/U (Gorman/Daugs) 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. With no further business, President Younger adjourned the Council Study Session at 7:36 PM. Prepared and Submitted by: ______________________________ CHRISTINE GRENIER Legislative Assistant APPROVED by the City Council on the 18th day of September, 2019. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Angela Woods, City Clerk EY:AW:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 11, 2019 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 COUNCIL MEETING Date: September 18, 2019 Department: Public Works Presenter: Melinda Monroe Phone: (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: ☒ 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 5D Page 1 of 3 Contract Modification Rev. 07/18 CONTRACT MODIFICATION AGREEMENT NO. 1 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 II. 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: VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. 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 2 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 6 th 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 3 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 _________________________ (Initials and Date) PERIPHERAL VISIONS D/B/A THE CITY OF FIFO NETWORKS, INC. BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA WOODS, City Clerk NOTICES TO BE SENT TO: 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 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 07 2018.docx 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. Yr aG ` 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 regulaz 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 arid 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, Consuitant 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 voli,urteers 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/I'eripheral 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 Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv insurance written on an occunence 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 Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liabilitv 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`n 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 Valleyi 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 Page4of7 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 a11 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 sta.fFas 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 A reement: 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. Severabilitv: 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 instrwnent 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 Consultant Address City Clerk Bob Young City of Bremerton Peripheral Vision Communications, Inc. 345 6' Street, Suite 600 23410 SE 242"d Street Bremerton, WA 98337-1873 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. Assi ent: 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 summaxily 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. Ri ng ts Upon Termination: In the event of termination, the City shall pay for al l services perfortned 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 sha11 be without liability or legal exposure to the Consultant. CITY OF BREMERTON PERIPHERAL VISION COMM[JNICATIONS, [NC. v--- ^` By: G.i'r n By: 0 3 yo r G its: % 7iY1 1 its: /s E i Date:2(• p Date: ,/z 2 z d/ Approved as to form: Attest: Bremerton City Attorney City Clerk R:\Legal\Legal\Contracts\PORMS Profcssional Services Agreement Form(2016).doc Bremerton/Peripheral Vision Lease Site and Water Utility Telecommunications_ Rev 02-16 Page 7 of 7 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 5 •5(92 P.O. BOX 946350 MAITLAND FL 32794-6350 s NOTICE OF CANCELLATION OF INSURANCE Named Insured&Mailing Address: Producer:0500750160000 PERIPHERAL VISION COMMUNICATIO CS&S/BELL-ANDERSON AGENCY INC. 23410 SE 242ND ST 600 SW 39TH ST.,SUITE 200 MAPLE VALLEY WA 98038 RENTON WA 98057 Policy No.: 4012242141 Type of Policy: CNA CONNECT Date: 08/22/2016 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. Date Mailed:. 8th day of August, 2016 Other Party of Interest 000045 k s+. Ywi'O4., I• ., ACCOUNT# 3013084334 laCITY OF BREMERTON 100 OYSTER BAY AVE NORTH BREMERTON WA 98312 VANESSA PARKER WACF19 FORM#CFWA 08052016MNNY ODEN 3.016.06a Copy for Other Interests Page 1 of 1 DATE sa/A D CERTIFICATE OF LIABILITY INSURANCE i201 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 CCOONNTACT Cindy Slater-Rogers, CISR Bell Anderson Agency, Inc. PHONE 425)291-5200 a/c,No):(425)291-5100 600 SW 39th St, Suite 200 RECEIVED E-MAIL ADDRESS:cindys@bell-anderson.com INSURER(S)AFFORDING COVERAGE NAIC# Renton WA 98057 AUG 0 4 2016 INSURER A:The Hanover Insurance Company HIC INSURED INSURER B: PERIPHERAL VISION INSURER C: COMMUNICATIONS INC City of Bremerton Risk Management INSURERD: 23410 SE 242ND STREET INSURERE: MAPLE VALLEY WA 98038 INSURER F: COVERAGES CERTIFICATE NUMBERCL168417790 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXPI1'YLIMITSLTRIVSDWVDPOLICYNUMBERMM/DYYY) (MMIDDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ 2,000,000 DAMAGE TO A CLAIMS-MADE X OCCUR PREMISES( EaENTED occurrence) $ OB2A998213 8/22/2016 8/22/2017 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY JECT PRO LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: Employee Benefits 25,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident) UMBRELLA UAB _ OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 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 100 Oyster Bay Ave N AUTHORIZED REPRESENTATIVE 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 INS025/20141)11 DATE(MM/DD/YYYY) A` OROO CERTIFICATE OF LIABILITY INSURANCE 6b(f) 07/02/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE UEPITIFICATE 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): INC.No): PO BOX 946580c '° lC • EMAIL Maitland, FL 32794-6580 RECEIVEDG® ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# 1-877-724-2669 SEP 2 0 7016 American CasualtyCo of Reading, PA 20427INSURERA: INSURED INSURER B: PERIPHERAL VISION COMMUNICATIO City of Bremerton INSURER C: 23410 SE 242ND ST Risk Management INSURER D: 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DD/YY) MM/DD/YY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y 4012242141 08/22/16 08/22/17 EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR DAMAGEO 300 000PREMISESSES(Ea occurence) MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 RO- POLICY JECT 1/\I LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: COMBINED-SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident) ANY AUTO BODILY INJURY(Per person) Is ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT Mandatory in NH)E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ OTHER PER OTH- STATUTE 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 i- 5 t1)4 r C:ux-p,,o„. tr a I a/it( 1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD . AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: 2019-2021 Safe Routes to School Grant Acceptance; and WSDOT Local Agency Agreement for Bremerton School Zone Safety Improvements Project Study Session Date: September 11, 2019 COUNCIL MEETING Date: September 18, 2019 Department: Engineering Presenter: 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: ☒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 Deny Table Continue No Action Form Updated 01/02/2018 5E x Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community Proposed Speed Feedback Sign Locations City of Bremerton Safe Routes to School Proposed Speed Feedback Sign Locations AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: 2019-2021 Transportation Budget State Funding Acceptance; and WSDOT Local Agency Agreement for SR 303 Warren Avenue Bridge Pedestrian Improvements Project Study Session Date: September 11, 2019 COUNCIL MEETING Date: September 18, 2019 Department: Engineering Presenter: Shane Weber 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: ☒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 5F x Warren Avenue / SR 303Lebo Blvd Park Avenue17th Street Sheridan Road Warren Avenue / SR 30315th Street 13th Street Elizabeth AvenueOhio AvenueWh e a t o n W a y Callah a n D ri v e Warren Avenue Bridge Lent Landing Park Sheridan Recreation Center Lower Roto Vista Park Evergreen Rotary Park Olympic College 11th Street Legend Approach Improvements Proposed Shared Use Path SR 303 Warren Ave Bridge Pedestrian Improvements AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: September 11, 2019 Interlocal Agreement with Kitsap County and Port of Bremerton for Snow Plowing within the Olympic View Industrial Park COUNCIL MEETING Date: September 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 W orks 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: ☒ 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 Deny Table Continue No Action Form Updated 01/02/2018 5G 1 Interlocal Agreement between Kitsap County, Port of Bremerton and City of Bremerton Regarding Road Plowing within the Olympic View Industrial Park I. 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: 1. Interlocal Agreement 2. Exhibit A: Olympic View Industrial Park Road Map NOW THEREFORE THE PARTIES AGREE AS FOLLOWS: III. AGREEMENT 1. 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 2 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 dtucker@co.kitsap.wa.us (360) 337-7292 B. City of Bremerton – Public Works Operations Manager Milenka Hawkins-Bates Milenka.Hawkins-Bates@ci.bremerton.wa.us (360) 473-5333 C. Port of Bremerton – Airport Manager Warren Hendrickson warrenh@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 1st 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 ½” 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. 3 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. 4 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. // // / 6 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 Study Session Date: September 11, 2019 COUNCIL MEETING Date: September 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: ☒ 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 5H AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5376 amending Title 15 of the Bremerton Municipal Code entitled “Municipal Utilities” Study Session Date: September 11, 2019 COUNCIL MEETING Date: September 18, 2019 Department: PW&U Presenter: Thomas Knuckey 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. 5376 (Updated) FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5376 amending Title 15 of the Bremerton Municipal Code entitled “Municipal Utilities”. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5I 1 ORDINANCE NO. 5376________ 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.current usage, billing and payment activity. "Active water service" shall mean that the water meter for the service line at locationthe location has is functional.registered consumption. 2 "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 counteract back pressure and prevent back siphonage or backflowflow 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 BOD5. 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 II" 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. 3 "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 measurements are expressed in specific conductivity units (S/cm) to compensate for variations in 4 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. until the meter is reactivated. "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 activity; excavation; embankment; fill and grade work; converting fallow land or undeveloped 5 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. "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,, the 6 increase in wastewater service based on equivalent residential units or the increase in stormwater service based on impervious / hard surface units. "Extended mainline" shall mean a privately financed water, wastewater or stormwater main constructed with the written approval of the Director. or their designee. (f) Definitions "F": "Facility" means any food processing establishment, food sales establishment, or food service 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 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 a project site. 7 "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 removal unit" means a device designed to separate fats, oils, and grease from liquid waste prior to the wastewater entering the wastewater system. "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. "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. 8 "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. (j) Reserved. (k) Reserved. (l) 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. "Lateral sewer" shall mean a sanitary sewer constructed within a public right-of-way between the standard gravity sanitary sewer and the right-of-way line in accordance with current Engineering Design and Construction Standards. "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; 9 (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 servicefacility. "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 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. 10 "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 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 (PUCA)" 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. 11 (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 City 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 Design and Construction Standards. “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. 12 "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. (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. 13 "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 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 14 general facility charges (GFCs) and installation and inspection fees for the utility services, as herein provided, before building permit issuance 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. (c) The applicant shall pay the general facility charges (GFC) prior to final building inspection of the facility for which the utility service is provided. The final building inspection will not be conducted until all GFCs are paid (water, wastewater, stormwater). (dc) 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. (fe) Customers may request written quotes from the Department City 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. (gf) Every utility service agreement shall become invalid unless the work is scheduled and completed within one hundred eighty (180) days after the utility service agreement is approved. The customer may request an extension prior to the expiration of the one hundred eighty (180) days. The customer’s request must be in writing and must explain the basis for the extension. The Director can authorize one (1) one hundred eighty (180) day extension at his or her discretion, based upon a determination that such extension is justified based on the facts. If the agreement becomes invalid as provided herein, all fees paid to the City for utility services shall remain with the City unless the customer requests a refund in writing. Prorating of the refund amount shall be determined by the Director, based on the work performed to date; if no work is performed the maximum refund will be eighty percent (80%) to cover administrative fees. If the City has made payments to third parties in reliance on the utility service agreement, those costs may be deducted from the eighty percent (80%) refunded to the customer.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. 15.01.040 CONDITIONS OF SERVICE - RETAIL. (a) Access. The Department City 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 CityDepartment 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 CityDepartment 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. The CityDepartment 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 15 the Department orCity 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 CityDepartment or in any way relieve the consumer from performing the obligations of his contract. 15.01.050 CONDITION OF SERVICE - CONTRACT. The Department City 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 CityDepartment and approved by the City Council. 15.01.060 PENALTY FOR FALSE INFORMATION. The conveyance to the CityDepartment 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 City to construct public system improvements. The Department City 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 CityDepartment 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. 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. 16 15.01.090 PUBLIC UTILITY CONSTRUCTION AGREEMENT. A permit shall be required by the Department City 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 City 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 City 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 City 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 City as stipulated in the system improvement agreement. Cost recovery payments by properties benefiting from connections to developer extensions shall be collected by the City. (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 City shall require a performance bond/deposit and warranty bond/deposit for all utility work in accordance with BMC 11.02.220. 17 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 DepartmentCity. (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. 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 City 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. 18 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 DepartmentCity. (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. 15.02.050 WATER SYSTEMS/ENGINEERING DESIGN AND CONSTRUCTION STANDARDS - GENERAL. All water mains and appurtenances shall be installed by the Department City 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 DepartmentCity. Required documentation includes record drawings, deeds of conveyance, easement(s) and any warranty bond(s). The Department City 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. 19 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 DepartmentCity. The Department City 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 City 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 City will require access at all times for operation and maintenance and the dedication of an easement to the City prior to acceptance by the DepartmentCity. All fire hydrants located on private property for private use shall be connected to the utility system by a Double Check Valve Assembly or a Reduced Pressure Backflow Assembly. the metered system. Such hydrants shall not be maintained by the Department City 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. 20 15.02.100 SERVICE CONNECTIONS. (a) All service connections shall be installed by the Department City 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 City 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 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 City may require or allow additional service connections when such additional service connections are in the best interest of the utility. 21 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.Fire Safety Code. 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 standby fire-protection services shall be sized based on fire-flow requirements determined by the Fire MarshallFire Safety Code. 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 City 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 City 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 City 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 City does not receive a satisfactory test report within thirty (30) days of written notification, the Department City 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 cover costs for time, expenses, and other related costs incurred by the Department City if reasonable access is not granted to the tester to test the assembly. The Department City 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 City 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 City shall not be responsible for servicing private systems beyond its meters, or for public systems purchasing water under a wholesale contract unless otherwise agreed. 22 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 City 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 City 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. (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 City the authority to make inspections at any reasonable time if the Department City 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 City by this code, provided the Department City 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 23 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 City 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. 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 DepartmentCity, 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 DepartmentCity. (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 24 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). 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 to: (a) Develop and adopt procedures as needed to implement this code and to carry out the responsibilities of the DepartmentCity. (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. 25 (d) Amend, interpret and allow deviations from the City of Bremerton design and construction standards (engineering 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 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. 26 "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. 15.04.040 STORMWATER COMPREHENSIVE PLAN. A stormwater comprehensive plan shall be developed by the Department City 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. 27 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 City 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 City 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 stormwater system. The Department City 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. 28 (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 mainsystem 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. 29 15.04.130 STORM DRAINAGE SAMPLING STATIONS. When required by the DepartmentCity, 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 City and constructed in accordance with Engineering Design and Construction Standards. 15.04.140 ABATEMENT OF NONCONFORMING, UNAUTHORIZED OR UNSAFE CONDITIONS. The Department City 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 City the authority to make inspections at any reasonable time if the Department City 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 City by this code, provided the Department City shall first make reasonable efforts to contact the owner or person responsible for such property. The Department City 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 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 City shall be responsible for the operation, maintenance and repair of the stormwater mainssystem and catch basins appurtenances under its jurisdiction which are and located within the public right-of-way, dedicated utility easements and City owned property. The Department City 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. 30 (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 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 City 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 City 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. 31 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 DepartmentCity, 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 DepartmentCity. (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. (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; 32 Recreational vehicle waste; Sewage; Silt, sediment, concrete, cement, slurry 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 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; 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. (4) Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. ,These discharges 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 33 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. 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. 34 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 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 Unit). one thousand five hundred (1,500) gallons unless approved by the Director. 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 35 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. (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 36 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. (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 37 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. (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, and prior to occupancy of the new or expanded parcel and/or facilitiesmaking 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 GFC fees for improvements common to multiple parcels on a plat may be proportionally allocated among those 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 GFC 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. (13) Payment of GFC fees for improvements common to multiple parcels on a plat may be proportionally allocated among those 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 GFC 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. (cb) 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, or prior to making any water, sewer, or storm service connectionbefore building permit issuance, whichever occurs sooner. (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. 38 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 provisionsordinances codified in this chapter provide for the establishment of a CityDepartment billing and receipting system for the reimbursement of the costs of providing utility service. The CityDepartment is additionally authorized to provide to other municipal corporations billing and accounting services through interlocal agreement approved b y the Mayor and authorized by the City Council. Utility billing shall be processed and administered by the Department of Financial Services. 15.07.020 UTILITY SERVICE ACCOUNTS. The CityDepartment 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 payer responsible 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 Officialer 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 Public Works and Utilities Director of Financial Services, or designeeDirector, 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 CityDepartment, 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 39 five (5) years or longer, a flow test will be required to evaluate the service to determine if adequate flow is currently available. The CityDepartment 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 CityDepartment 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 opinion of the Director, 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 CityDirector, is defective, then the new sewer lateral will be required and shall be replaced at the expense of the owner. 15.07.040 BILLING STATEMENT. The CityDepartment 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 irregardlessregardless 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 or his designated agent may at his option request in writing, on the form provided by the CityDepartment, direct automatic transfer of funds from a designated account at a financial institution to the CityDepartment 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 CityDepartment. The owner shall be responsible for notifying the CityDepartment of any change in the agent’s status. 15.07.080 DELINQUENT ACCOUNTS. The CityDepartment 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 40 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 CityDepartment 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 the property owner may file a written appeal with the CityDepartment, and the rights of the property owner to dispute the proposed termination. The CityDepartment 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 paying 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 CityDepartment 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. 41 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. 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 CityDepartment 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 CityDepartment 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 CityDepartment. 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 WORKS AND UTILITY DEPARTMENT OF FINANCIAL SERVICES. A property owner, tenant or developer ("customer") shall have the right to appeal matters dealing with utility accounting, billing and service termination. In the case of termination of service, an appeal shall be filed in writing with the Public Works and UtilityDepartment of Financial Services ("Department") within fourteen (14) days of 42 the notice of termination. All other complaints shall be filed within thirty (30) days of notice of the action appealed. The CityDepartment 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 City’sDepartment’s decision after a written complaint has been denied by the CityDepartment under BMC 15.08.010 may, within fourteen (14) calendar days from the date that the CityDepartment’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 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 CityDepartment’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. _________________________________ GREG WHEELER, Mayor 43 ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2019. EFFECTIVE the ________ day of ______________________, 2019. ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Public Works & Utilities\Title 15 Updates 2019\Title 15 -Municipal Utilities - 9-5-19.docx Council District 4 Lori Wheat Council District 3 Kevin Gorman Council District 2 Leslie Daugs Council District 1 Pat Sullivan