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Home My WebLink About11/20/2019 AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 NOVEMBER 20, 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 Budget Workshop – November 4, 2019 C. Minutes of Meeting – November 6, 2019 D. Minutes of Study Session – November 13, 2019 E. Ordinance No. 5384 amending Sections 3.48.090 and 3.86.040 of the Bremerton Municipal Code relating to Business and Occupation Taxes F. Interlocal Agreement with the City of Port Orchard for the Purchase and Sale of Assets in the 580 Zone G. Shoreline Master Program Periodic Update to accept the Department of Ecology Grant; and the Professional Services Agreement with The Watershed Company H. Ordinance No. 5386 levying Property Taxes for Collection in 2020 I. Professional Services Agreement with the Law Offices of Bagwell & Harvey PLLC 6. GENERAL BUSINESS A. Professional Services Agreement with Skillings Connolly, Inc. for Design of the Washington Avenue and 11th Street Improvements [Roundabout] Project B. Ordinance No. 5381 amending and re-establishing City Rates & Fees for 2020 C. Ordinance No. 5383 amending and re-establishing Utility Assessments, Rates, Fees, and Charges for 2020 7. PUBLIC HEARINGS A. Public Hearing for Edward Byrne Memorial Justice Assistance Grant (JAG) B. Public Hearing on Ordinance No. 5385 granting a Franchise Agreement with Puget Sound Energy (PSE) C. Public Hearing on Ordinance No. 5387 approving and adopting the City of Bremerton Budget for Fiscal Year 2020 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. MAYOR’S REPORT November 20, 2019 Photo courtesy of Port of Bremerton Streets Program Update City of Bremerton featured in Kitsap Arts and Entertainment Guide, Upbeat •Highlights City’s 2019 Arts Initiatives •Bremerton’s Poet Laureate, Tia Hudson •Showcases installation of new utility box art wraps for a total of 19 by end of 2019 •Features the selected art panels for public outdoor gallery on Washington Ave The publication also highlights performance venues, art programs, galleries, and artists in the City of Bremerton and was distributed throughout Kitsap County. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: November 20, 2019 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 386813 through 386963 and Electronic Fund Transfers V20503 through V20560 in the grand total amount of $2,682,731.33 2. Regular Payroll for pay period ending October 31, 2019 in the amount of $926,688.43 3. Regular Payroll pay out for pay period ending October 31, 2019 in the amount of $4,375.88 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 Budget Workshop – November 4, 2019 Study Session Date: N/A BUDGET WORKSHOP Date: November 20, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Budget Workshop held on Monday, November 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 November 4, 2019 Budget Workshop Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5B DIGITAL RECORDING CITY COUNCIL BUDGET WORKSHOP MINUTES Monday, November 4, 2019 The Budget Workshop of the City Council of the City of Bremerton was called to order in the Mayor’s Conference Room 637 of the NORM DICKS GOVERNMENT CENTER located at 345 6th Street, Bremerton, Washington, on Monday, November 4, 2019, at 4:15 PM, with Council President Eric Younger presiding. Council members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Financial Services Director Mike Riley; and Assistant Financial Services Director Caroline Tompson were available to respond to general questions; and Legislative Office Manager Lori Smith was present to provide staff support to the Council. President Younger announced that this final Budget Workshop was for Council to provide any concerns or questions to Administration in preparation f or the Final Public Hearings scheduled for Wednesday, November 6 (for public comment only) and Wednesday, November 20. With no further business, President Younger adjourned the Budget Workshop at 7:25 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 20th day of November, 2019 ______________________________ ERIC YOUNGER, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk EY:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – November 6, 2019 Study Session Date: N/A COUNCIL MEETING Date: November 20, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Council Meeting held on Wednesday, November 6, 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 November 6, 2019 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5C DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, November 6, 2019 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, November 6, 2019, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Lori Wheat, Kevin Gorman, and Leslie Daugs. Council Member Pat Sullivan was absent. Also present were City Attorney Roger Lubovich; City Clerk Angela Hoover; 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 Vice President Leslie Daugs followed by the invocation provided by Pastor Kevin Clancey of Firehouse Church. President Younger welcomed Webelos Group Leader Michelle Richie; Den Leaders Luis and Jomer; and Webelos Brianna, Kostya, Wylie, Steven, Justin (along with their siblings and parents). He then brought them forward to take a photo with the Council Members. MAYOR’S REPORT Mayor Wheeler briefed the Council on the following items…  The Grand Opening of the Wheaton Way Transit Center on Monday, November 25;  A new stop light that will begin operating on November 13 at Wheaton Way & E. Broad Street;  Development, new growth, and investment in Bremerton is at a record high;  Congratulated Thor Michaelson for winning gold medals at the Pan American Games;  The City’s successful grant award to assist in the first step toward affordable housing; and  The City of Bremerton will be receiving a grant for planning up to 1,000 new housing units PUBLIC RECOGNITION Marc King with the Bremerton Elks Lodge 1181 summarized the many ways the organization has helped the community over the past 100 years; and announced a Veterans Day Ceremony that is open to the public tomorrow night at 7:00 PM at the Bremerton Elks Lodge at 4131 Pine Road NE. Robert Parker suggested that the City pay attention to the trend seen among the way citizens voted in the election this year. Roy Runyon found it concerning that since 2014, the City has added 50 employees; and advised the Council to update the City’s code to address accessory dwelling units (ADUs) which will improve availability of affordable housing. Steve Rice thanked the Council, Mayor Wheeler, and Public Works Director Thomas Knuckey for organizing a meeting with them to hear their concerns following a crash on their bicycles, noting the area is already repaved. Max Karler also thanked the City for responding to their concerns. Sherry Felice Lincoln was concerned about the limited hours during the week (only until 3:00 PM), and not open on weekends; and also concerned that Kitsap Transit busses were not running on Sundays. Ms. Daugs mentioned that she sits on the Kitsap Transit Board of Commissioners and a discussion on Sunday bus service is planned for 2020. Caroline Stein noted the resent passing of several strong supporters of the Washington State Science & Engineering Fair (WSSEF), including Helen Miller. She also announced a future statewide STEM Competition was being organized, and she would keep the City apprised. City Council Reg. Mtg. Minutes Wednesday, November 6, 2019 Page 2 of 5 CONSENT AGENDA 5A – Claims & Check Register: Check Numbers 386549 through 386812, and EFT-V20431 through EFT-V20502 in the amount of $1,821,953.64; Regular Payroll for the pay period ending October 15, 2019 in the amount of $865,352.50; Retiree Payroll for the pay period ending October 31, 2019 in the amount of $52,267.54 5B – Minutes of Meeting – October 16, 2019 5C – Minutes of Study Session – October 23, 2019 5D – Minutes of Budget Workshop – October 28, 2019 5E – Minutes of Budget Workshop – October 30, 2019 5F – Professional Services Agreement with LaCross & Murphy, PLLC for Public Defense Services 5G – Interagency Agreement between the Washington State Administrative Office of the Courts and Bremerton Municipal Court for Interpreter Grant Funds 5H – Washington State Department of Ecology 2019-2021 Biennial Stormwater Capacity Grant 5I – Purchase of 12.5% Bulk Sodium Hypochlorite Solution from HASA, Inc. for the Westside Wastewater Treatment Plant 5J – Grant of Easement to Puget Sound Energy, Inc. for Power System Improvement along Belfair Valley Road 5K – Ordinance No. 5379 amending Chapter 2.78 of the Bremerton Municipal Code entitled “Real Property Transactions” 5L – Ordinance No. 5380 amending Chapter 2.92 of the Bremerton Municipal Code entitled “Insurance Coverage and Claims Management” 5M – Ordinance No. 5381 amending and re-establishing City Rates & Fees for 2020 Item pulled 5N – Ordinance No. 5382 amending Sections 15.06.010 and 15.06.015 of the Bremerton Municipal Code relating to “Assessments, Rates, Fees, and Charges” Robert Parker and Roy Runyon expressed their concern that they were not allowed to comment on the two items pulled from the Agenda tonight prior to the announcement that the items were going to be pulled. 05:57:00 M/S/C/U (Gorman/Wheat) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A – ORDINANCE NO. 5383 AMENDING AND RE-ESTABLISHING UTILITY ASSESSMENTS, RATES, FEES, AND CHARGES FOR 2020 Item pulled PUBLIC HEARINGS 7A – PUBLIC HEARING FOR REVENUE SOURCES FOR THE PROPOSED FY-2020 CITY OF BREMERTON BUDGET: Financial Services Director Mike Riley provided a Power Point presentation to provide highlights of the revenue sources. President Younger explained that the purpose of this Public Hearing is to accept public comment on Revenue Sources… Questions and comments from the public were received by Roy Runyon; and Mike Simpson; with a response provided by Mayor Wheeler… City Council Reg. Mtg. Minutes Wednesday, November 6, 2019 Page 3 of 5 With no further questions or comments received, President Younger closed the Public Hearing on Revenue Sources. 7B – PUBLIC HEARING (1 OF 2) ON THE PROPOSED FY-2020 CITY OF BREMERTON BUDGET: Financial Services Director Mike Riley provided a Power Point presentation to provide highlights of the proposed FY-2020 City of Bremerton Budget. President Younger explained that the purpose of this Public Hearing was only to accept public comment on the proposed FY-2020 City of Bremerton Budget … Comments from the public were received by Roy Runyon… With no further comments received, President Younger closed the Public Hearing on the proposed FY-2020 City of Bremerton Budget; and announced that action is anticipated at a second Public Hearing scheduled for the November 20 Council Meeting… 7C – PUBLIC HEARING APPROVING THE SUBSTANTIAL AMENDMENT TO THE 2018 CDBG/HOME ACTION PLAN TO REMOVE $120,000 FROM QUINCY SQUARE TO THE YWCA ALIVE SHELTER: CDBG Program Administrator Sarah Achaoui summarized that annually the U.S. Department of Housing and Urban Development (HUD) reviews the performance of each entitlement community according to 24 CFR 570.902. On November 1 of each calendar year HUD runs a formula calculation and the amount of entitlement grant funds available to the recipient under grant agreements but undisbursed by the U.S. Treasury must be under 1.5 times the entitlement grant amount for its current program year. Currently, the City of Bremerton is over the 1.5 ratio by $119,389, a 1.75 ratio. There is a significant unspent balance on the 2018 Public Works and Utilities Quincy Square Engineering and Design Project with no real plan to get the funding drawn down in a timely manner. To remedy, to ensure CFR compliance, is to create a substantial amendment to the 2018 CDBG Annual Action Plan to transfer unspent funding in the amount of $120,000 from the Quincy Square project and create a new activity. The City’s CDBG Policy Plan outlines the procedures that must be followed to make an amendment to the grant awards. The plan requires that the Project Review Committee must meet and make a funding recommendation. That recommendation is published and a 30-day public comment period is opened. The comment period ran from September 25 through October 26 and all public comments have been forwarded to the City Council for review. President Younger opened the public hearing… Questions and comments from the public were received by Roy Runyon; with a response provided by Ms. Achaoui… With no further questions or comments received, President Younger closed the Hearing to the public; and opened for discussion with the Council… 06:32:12 Motion was made by Gorman; and seconded by Daugs… Comments were made by Daugs, Goodnow, and Huddy… 06:34:32 M/S/C/U (Gorman/Daugs) Move to approve the Substantial Amendment to the 2018 CDBG/HOME Action Plan to remove $120,000 from Quincy Square to the YWCA Alive Shelter. 7D – PUBLIC HEARING ON RESOLUTION NO. 3321 APPROVING THE 2020 COMMUNITY DEVELOPMENT BLOCK GRANT/HOME FUNDING RECOMMENDATIONS FOR INCLUSION IN THE 2020 CDBG/HOME ACTION PLAN: CDBG Program Administrator Sarah Achaoui stated that on March 20, 2019, City Council approved the 2020 CDBG/HOME Policy plan outlining the City Council Reg. Mtg. Minutes Wednesday, November 6, 2019 Page 4 of 5 CDBG and HOME funding allocation process. Based on that policy, the Project Review Committee has developed the 2020 funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the City’s 2020 Annual Action Plan. President Younger opened the public hearing… Questions and comments from the public were received by Roy Runyon and Brian Johnson; with responses provided by Ms. Achaoui and Mr. Knuckey… Comments were provided by Jeff Alvey, KCR Executive Director; Monica Bernhard with Kitsap Mental Health Services (Pendleton Place); Kerrey Hiskey with the Coffee Oasis; Joe Rosak with Kitsap Mental Health Services; and Mike Simpson… With no further questions or comments received, President Younger closed the Hearing to the public; and opened for discussion with the Council… 06:55:57 Motion was made by Goodnow; and seconded by Wheat… Comments were made by Huddy… 06:56:00 M/S/C (Goodnow/Wheat) Move to pass Resolution No. 3321 approving the 2020 funding recommendations to be included in the 2020 Action Plan to HUD and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Wheat, Goodnow, Huddy, Gorman, Younger Abstained: Daugs Motion carried: 5-Yes; and 1-Abstention COUNCIL MEMBER REPORTS Leslie Daugs was pleased to attend the Grand Opening of All Insurance Services new Bremerton location that opened on Monday at 3936 Wheaton Way; and reiterated the Grand Opening & Ribbon Cutting for the Wheaton Way Transit Center will be held on Monday, November 25. Kevin Gorman shared several special memories from his recent trip to Sister City Kure, Japan. Lori Wheat encouraged the public to attend the Annual Salmon Tours scheduled throughout the County (including at Jarstad Park) on Saturday, November 9 from 11:00 AM to 3:00 PM; the last Work Party of 2019 at Kiwanis Park on Saturday, November 23 from 9:00 to 11:00 AM; and the next District 4 Community Meeting on Monday, November 25 from 5:30 to 6:30 PM at the First Christian Church with featured guest speaker Senior Planner Allison Satter who will discuss Accessory Dwelling Units (ADUs). Michael Goodnow thanked Sarah Achaoui for her efforts with the special circumstances presented during the CDBG application process this year; and was pleased the City celebrated the biggest Trick-or-Treat event ever. Richard Huddy congratulated Mike Simpson, the next District 6 Council Member (subject to certification of election results); remembered community activist Helen Miller who passed away recently; acknowledged that Mick Hersey will be recognized as Kitsap Veteran of the Year at the Northwest Justice Project “Justice for Veterans” event tomorrow night during a ceremony at the Kitsap Conference Center; and will be attending several of the Veterans Day events scheduled over the weekend and on Monday. City Council Reg. Mtg. Minutes Wednesday, November 6, 2019 Page 5 of 5 Eric Younger also acknowledged the passing of Helen Miller, who was also a very involved in City Planning issues in the early 2000’s; and thanked Council Member Pat Sullivan for reminding the public about the Albers Vista Gardens which he recently visited and really enjoyed. EXECUTIVE SESSION President Younger announced a 20-Minute Executive Session from 7:20 to 7:40 PM to discuss “Potential Litigation” and “Pending Litigation”, which is allowed under RCW 42.30.110 (1) (i); and that action is anticipated. At 7:40 PM President Younger announced the Executive Session was extended for 10-Minutes; at 7:50 PM the meeting was extended for another 10-Minutes; and at 8:00 PM the meeting was extended 5-Minutes. At 8:05 PM, the meeting was called back into session. 08:05:40 Motion was made by Huddy; and seconded by Goodnow… Roy Runyon asked if this was an eminent domain situation essential for public access? Mr. Lubovich responded the purpose of the condemnation was for safety -- sidewalks to schools. 08:06:10 M/S/C/U (Huddy/Goodnow) Move to reject the counter offer of property owner for $20,630.09; and authorize the City Attorney to file a condemnation lawsuit regarding easements needed on 6121 Harlow Drive. 08:08:57 Motion was made by Huddy; and seconded by Gorman… There were no questions or comments from the public… 8:09:02 M/S/C/U (Huddy/Gorman) Move to seek an expanded Abatement Order from Kitsap Superior Court on 1317 N. Lafayette to include the removal of nuisance trees damaging neighbor’s walls, subject to an indemnity and hold harmless agreement. With no further business, President Younger adjourned the Council Meeting at 8:09 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 20th day of November, 2019. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk EY:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – November 13, 2019 Study Session Date: N/A COUNCIL MEETING Date: November 20, 2019 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on Wednesday, November 13, 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 November 13, 2019 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 5D DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, November 13, 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, November 13, 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 Office Manager Lori Smith was present to provide staff support. President Younger emphasized that the Study Session is open to the public, but there will be no opportunities for input or participation; no action is anticipated; and the content of these items is subject to change. If approved by the Council, the items will be placed on the November 20, 2019 City Council Meeting Agenda… A. BRIEFINGS ON AGENDA ITEMS 1. Proposed Public Hearing for Edward Byrne Memorial Justice Assistance Grant (JAG) Public Hearing 2. Ordinance amending Sections 3.48.090 and 3.86.040 of the Bremerton Municipal Code relating to Business and Occupation Taxes Consent Agenda 3. Professional Services Agreement with Skillings Connolly, Inc. for the Design of the Washington Avenue & 11th Street Improvements [Roundabout] Project General Business 4. Proposed Public Hearing on Ordinance granting a Franchise Agreement with Puget Sound Energy Public Hearing 5. Interlocal Agreement with the City of Port Orchard for the Purchase and Sale of Assets in the 580 Zone Consent Agenda 6. Shoreline Master Program Periodic Update to accept Department of Ecology Grant and Professional Services Agreement with The Watershed Company Consent Agenda 7. Ordinance No. 5381 amending and re-establishing Rates & Fees for 2020 General Business 8. Ordinance No. 5383 amending and re-establishing Utility Assessments, Rates, Fees, and Charges for 2020 General Business 9. Ordinance levying Property Taxes for Collection in 2020 Consent Agenda 10. Proposed Public Hearing approving the FY-2020 City of Bremerton Budget Public Hearing B. GENERAL COUNCIL BUSINESS o General Council Business was briefly discussed. With no further business, President Younger adjourned the Council Study Session at 6:20 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager City Council Study Session Minutes Wednesday, November 13, 2019 Page 2 of 2 APPROVED by the City Council on the 20th day of November, 2019. ______________________________ Eric Younger, Council President ATTEST: ______________________________ Angela Hoover, City Clerk EY:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 13, 2019 Ordinance No. 5384 amending Sections 3.48.090 and 3.86.040 of the Bremerton Municipal Code relating to Business and Occupation Taxes COUNCIL MEETING Date: November 20, 2019 Department: DCD Presenter: Jeanette Wischhoefer Phone: (360) 473-5298 SUMMARY: Earlier this year the State Legislature passed 2SHB 1059 and it became effective on July 28, 2019. This new law extends the business and occupation (B&O) tax return filing due date for annual filers from January 31 to April 15. The law requires that B&O cities adopt these code changes by no later than January 1, 2020. The proposed ordinance amends Section 3.48.090 and Section 3.86.040 of the Bremerton Municipal Code relating to Business and Occupation Tax by updating references to the Revised code of Washington and updating language regarding tax payment due dates. ATTACHMENTS: 1) Ordinance No. 5384 FISCAL IMPACTS (Include Budgeted Amount): This action has no fiscal impacts STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5384 amending Sections 3.48.090 and 3.86.040 of the Bremerton Municipal Code relating to Business and Occupation Taxes. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5E Page 1 of 5 BMC 3.48.090 & BMC 3.86.040 – B & O Tax ORDINANCE NO. 5384 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 3.48.090 of the Bremerton Municipal Code entitled “Exemptions” and amending Section 3.86.040 of the Bremerton Municipal Code entitled “Payment and Reporting Periods.” WHEREAS, the City Council desires to amend and update provisions of the Bremerton Municipal Code relating to the City’s Business and Occupation Tax in order to be consistent with updates to the Revised Code of Washington; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 3.48.090 of the Bremerton Municipal Code entitled "Exemptions" is hereby amended by amending Subsection 3.48.090 (14) as follows: 3.48.090 EXEMPTIONS (1) Nonprofit Corporations or Nonprofit Organizations. This section shall not apply to nonprofit organizations exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended, except with respect to retail sales of such persons. (2) Health Maintenance Organization, Health Care Service Contractor, Certified Health Plan. Beginning on January 1, 2000, this chapter does not apply to any health maintenance organization, health care service contractor, or certified health plan in respect to premiums or prepayments that are taxable under RCW 48.14.0201. (3) Public Utilities. This chapter shall not apply to any person in respect to a business activity with respect to which tax liability is specifically imposed under the provisions of Chapter 3.50 BMC. (4) Investments - Dividends from Subsidiary Corporations. This chapter shall not apply to amounts derived by persons, other than those engaging in banking, loan, security, or other financial businesses, from investments or the use of money as such, and also amounts derived as dividends by a parent from its subsidiary corporations. (5) International Banking Facilities. This chapter shall not apply to the gross receipts of an international banking facility. As used in this subsection, an "international banking facility" means a facility represented by a set of asset and liability accounts segregated on the books and records of a commercial bank, the principal office of which is located in this State, and which is incorporated and doing business under the laws of the United States or of this State, a United States branch or agency of a foreign bank, an Edge corporation organized under Section 25(a) of the Federal Reserve Act, 12 United States Code 611-631, or an agreement corporation having an agreement or undertaking with the Board of Governors of the Federal Reserve System under Section 25 of the Federal Reserve Act, 12 United States Code 601-604(a), that includes only international banking facility time deposits (as defined in subsection (a)(2) of Section 2.4.8 of Regulation D (12 CFR Part 204), as promulgated by the Board of Governors of the Federal Page 2 of 5 BMC 3.48.090 & BMC 3.86.040 – B & O Tax Reserve System), and international banking facility extensions of credit (as defined in subsection (a)(3) of Section 2.4.8 of Regulation D). (6) Insurance Business. This chapter shall not apply to amounts received by any person or agent who is an insurer or their appointed insurance producer upon which a tax based on gross premiums is paid to the State pursuant to RCW 48.14.020; and provided further, that the provisions of this subsection shall not exempt any bonding company from tax with respect to gross income derived from the completion of any contract as to which it is a surety, or as to any liability as successor to the liability of the defaulting contractor. (7) Farmers - Agriculture. This chapter shall not apply to any farmer in respect to amounts received from selling fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats or any other agricultural product that is raised, caught, produced, or manufactured by such persons. (8) Athletic Exhibitions. This chapter shall not apply to any person in respect to the business of conducting boxing contests and sparring or wrestling matches and exhibitions for the conduct of which a license must be secured from the State Boxing Commission. (9) Racing. This chapter shall not apply to any person in respect to the business of conducting race meets for the conduct of which a license must be secured from the Washington State Horse Racing Commission. (10) Ride Sharing. This chapter does not apply to any funds received in the course of commuter ride sharing or ride sharing for persons with special transportation needs in accordance with RCW 46.74.010. (11) Employees. This chapter shall not apply to: (a) Any person in respect to the person’s employment in the capacity as an employee or servant as distinguished from that of an independent contractor. For the purposes of this subsection, the definition of employee shall include those persons that are defined in the Internal Revenue Code, as hereafter amended. (b) A booth renter, as defined by RCW 18.16.020, is an independent contractor for purposes of this chapter. (12) Amounts Derived from Sale of Real Estate. This chapter shall not apply to gross proceeds derived from the sale of real estate. This, however, shall not be construed to allow an exemption of amounts received as commissions from the sale of real estate, nor as fees, handling charges, discounts, interest or similar financial charges resulting from, or relating to, real estate transactions. This chapter shall also not apply to amounts received for the rental of real estate if the rental income is derived from a contract to rent for a continuous period of thirty (30) days or longer. (13) Mortgage Brokers’ Third-Party Provider Services Trust Accounts. This chapter shall not apply to amounts received from trust accounts to mortgage brokers for the payment of third-party costs if the accounts are operated in a manner consistent with RCW 19.146.050 and any rules adopted by the director of financial institutions. (14) Amounts Derived from Manufacturing, Selling or Distributing Motor Vehicle Fuel. This chapter shall not apply to the manufacturing, selling, or distributing motor vehicle fuel, as the term "motor vehicle fuel" is defined in RCW 82.36.01082.38.020 and exempt under RCW 82.36.44082.38.280; provided, that any fuel not subjected to the State fuel excise tax, or any other applicable deduction or exemption, will be taxable under this chapter. (15) Amounts Derived from Liquor, and the Sale or Distribution of Liquor. This chapter shall not apply to liquor as defined in RCW 66.04.010 and exempt in RCW 66.08.120. Page 3 of 5 BMC 3.48.090 & BMC 3.86.040 – B & O Tax (16) Casual and Isolated Sales. This chapter shall not apply to the gross proceeds derived from casual or isolated sales. (17) Accommodation Sales. This chapter shall not apply to sales for resale by persons regularly engaged in the business of making retail sales of the type of property so sold to other persons similarly engaged in the business of selling such property where (a) the amount paid by the buyer does not exceed the amount paid by the seller to the vendor in the acquisition of the article; and (b) the sale is made as an accommodation to the buyer to enable the buyer to fill a bona fide existing order of a customer or is made within fourteen (14) days to reimburse in kind a previous accommodation sale by the buyer to the seller. (18) Taxes Collected as Trust Funds. This chapter shall not apply to amounts collected by the taxpayer from third parties to satisfy third-party obligations to pay taxes such as the retail sales tax, use tax, and admission tax. (19) Port District Business Activity. For the purpose of the tax imposed by BMC 3.48.050(1)(a) through (g), persons engaged in business on Port District owned property located within and zoned by the City with an industrial classification ("Port Property") shall be treated in the same manner as if the Port Property were located in unincorporated Kitsap County and therefore exempt from the tax; however, the apportionment and allocation, place of delivery and the appropriate tax provisions of this chapter shall apply for business activity occurring off the Port Property but within the City, also in the same manner as if the Port Property were located in unincorporated Kitsap County. (20) Three (3) Year Exemption for Annexed Businesses. This chapter shall not apply to any person with respect to a business activity conducted in an area that has become part of the City by annexation; provided, however, that the business premises of such person be located in the said area on the date of annexation; and provided further, that the exemption provided herein shall cease at the expiration of twelve (12) full calendar quarters following the date of such annexation. SECTION 2. Section 3.86.040 of the Bremerton Municipal Code entitled "Exemptions" is hereby amended by amending Subsection 3.86.040 (1) as follows: 3.86.040 PAYMENT AND REPORTING PERIODS. (1) Other than any annual license fee or registration fee assessed under Chapter 5.02 BMC, the tax imposed by those chapters set forth in BMC 3.86.015 shall be due and payable in quarterly installments unless otherwise specifically provided for therein. At the Director’s discretion, businesses may be assigned to a monthly or annual reporting period depending on the tax amount owing or type of tax. Until December 31, 2020, Tax tax payments are due on or before the last day of the next month following the end of the assigned reporting period covered by the return. Effective January 1, 2021, tax payments are due on or before the time as provided in RCW 82.32.045 (1), (2), and (3). (2) Taxes shall be paid as provided in this chapter and accompanied by a return on forms as prescribed by the Director. The return shall be signed by the taxpayer personally or by a responsible officer or agent of the taxpayer. The individual signing the return shall swear or affirm that the information in the return is complete and true. (3) Tax returns must be filed and returned by the due date whether or not any tax is owed. Page 4 of 5 BMC 3.48.090 & BMC 3.86.040 – B & O Tax (4) For purposes of the tax imposed by Chapter 3.48 BMC, any person whose value of products, gross proceeds of sales, or gross income of the business, subject to business and occupation tax after all allowable deductions, is equal to or less than the tax exemption amount set forth in BMC 3.48.050(2) in the current calendar year shall file a return, declare no tax due on their return, and submit the return to the Director. The gross receipts, deduction amounts and exemptions shall be entered on the tax return even though no tax may be due. (5) A taxpayer that commences to engage in business activity shall file a return and pay the tax or fee for the portion of the reporting period during which the taxpayer is engaged in business activity. (6) Except as otherwise specifically provided by any other provision of this chapter, in computing any period of days prescribed by this chapter, the day of the act or event from which the designated period of time runs shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or City or federal legal holiday, in which case the last day of such period shall be the next succeeding day which is neither a Saturday, Sunday, or City or federal legal holiday. (7) If any taxpayer fails, neglects or refuses to make a return as and when required in this chapter, the Director is authorized to determine the amount of the tax or fees payable by obtaining facts and information upon which to base the Director’s estimate of the tax or fees due. Such assessment shall be deemed prima facie correct and shall be the amount of tax owed to the City by the taxpayer. The Director shall notify the taxpayer by mail of the amount of tax so determined, together with any penalty, interest, and fees due; the total of such amounts shall thereupon become immediately due and payable. SECTION 3. 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 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force 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 Page 5 of 5 BMC 3.48.090 & BMC 3.86.040 – B & O Tax Approved this ________ day of ________________________, 2019. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2019. EFFECTIVE the ________ day of ______________________, 2019. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Community Development\BMC 3.48.090 and 3.86.040 - Ordinance.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 13, 2019 Interlocal Agreement with the City of Port Orchard for the Purchase and Sale of Assets in the 580 Zone COUNCIL MEETING Date: November 20, 2019 Department: PW&U - Engineering Presenter: Ned Lever Phone: (360) 473-2398 SUMMARY: The City of Bremerton currently shares the use of an existing transmission main and an existing 450,000 gallon steel potable water storage reservoir with the City of Port Orchard. The reservoir and a portion of the transmission main are both owned by the City of Port Orchard. In order to completely separate the two water systems the City of Bremerton must either construct a parallel reservoir and transmission main or purchase the existing facilities. Port Orchard has proposed the surplus of the reservoir, transmission main, 4.63 acre property, and some distribution piping to the City of Bremerton in return for an equivalent value of water delivered to Port Orchard. The value of the improvements has been determined to be $804,000. This value is approximately equal to the delivery of 176 million gallons of water over a period of 5 years. The peak instantaneous flow rate commitment has been identified as 750 gpm. ATTACHMENTS: 1) Council Summary; and 2) Interlocal Agreement for Purchase and Sale of Assets in the 580 Zone FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact is defined as the $804,000 value of future water sales to the City of Port Orchard. There is no current monetary fiscal impact. 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 the City of Port Orchard for the Purchase and Sale of Assets in the 580 Zone; 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 City Council Summary Agreement for Purchase and Sale of Assets in the 580 Zone Background: The City of Bremerton (COB) currently shares the use of an existing 450,000 gallon steel water storage reservoir with the City of Port Orchard (PO). The reservoir (RES) and a portion of the transmission main (TM) are both owned by the City of Port Orchard. In order to completely separate these two water systems COB must either construct a parallel RES and TM or purchase the existing RES and TM. In 2014 the estimated cost of construction for these improvements was $4.5M. Fortunately PO is will be able to surplus both the existing TM, RES, and 4.63 acres RES site upon completion of other developer installed improvements in their water system. This has opened the door for COB to purchase the existing infrastructure with the execution of an Interlocal Agreement (ILA). The assets will be purchased by COB from PO through water sales over a period of 5 years. Figure 1 Figure 2 Agreement Terms:  Asset Values/Purchase Price: $804,000.00  Water Value: 95% of the Outside City Rate. Currently $3.42 per HCF.  Equivalent Volume: 176 MG  Maximum Flow Rate: 750 gpm  Parcel Size: 4.63 Acres EXHIBITD DEED OF CONVEYANCE When recorded return to: City of Bremerton Attn. City Clerk 345 6th Street, Suite 600 Bremerton WA 98337 DEED OF CONVEYANCE Grantor: Grantee: City of Port Orchard, a Washington municipal corporation City of Bremerton, a Washington municipal corporation Abbreviated Legal: Resultant Parcel A of Boundary Line Adjustment Recorded Under Auditor's File No. 3031737 Assessor's Tax Parcel Number: 082301-2-001-2005 THE GRANTOR, City of Port Orchard, a municipal corporation of the first class ("Port Orchard"), hereby transfers, conveys and sells to the GRANTEE, City of Bremerton, a Washington municipality ("Bremerton"), the assets of Port Orchard identified as the "Purchased Assets" pursuant to, and as more particularly described as: 1.Tax parcel #082301-2-001-2005 (conveyed via Exhibit E-Quit Claim Deed) and the 0.45 MG Reservoir located on said parcel valued at $434,000; 2.6900' of Ductile Iron Water Main (Transmission Main) located in the Right-of-Way on Old Clifton Road between the Reservoir and McCormick Woods Drive valued at $345,000; 3.330' of 8" Ductile Iron Water Main (Distribution Main), a Mueller Fire Hydrant, a %" Domestic Water Meter, a 1-1/2" Irrigation Water Meter, and a 2" Water Meter serving the Splash Pad all located within the McCormick Village Park and valued at $25,000. Port Orchard hereby warrants and defends the conveyance of the Purchased Assets made to Bremerton, and its assigns, against all and every person and persons whomsoever lawfully claiming the same. The City of Port Orchard makes no warranty as to the condition of the Purchased Assets. The City of Bremerton has had the opportunity to inspect the Purchased Assets and accepts the Purchased Assets, "as is, where is." Port Orchard and Bremerton have hereunto set their hand and seals effective as of ___ day of ,2019. CITY OF BREMERTON By: Greg Wheeler its: Mayor Date: --------- Deed of Conveyance CITY OF PORT ORCHARD By: Robert Putaansuu its: Mayor Date: --------- Page 1 of 2 Approved as to form: Bremerton City Attorney Deed of Conveyance Attest: City Clerk Approved as to form: Jennifer S. Robertson Attorney for Port Orchard Page 2 of 2 EXHIBITE QUIT CLAIM DEED When recorded return to: City of Bremerton Attn. City Clerk 345 6th Street, Suite 600 Bremerton WA 98337 QUIT CLAIM DEED Grantor: City of Port Orchard, a Washington municipal corporation Grantee: City of Bremerton, a Washington municipal corporation Abbreviated Legal: Resultant Parcel A of Boundary Line Adjustment Recorded Under Auditor's File No. 3031737 Assessor's Tax Parcel Number: 082301-2-001-2005 THE GRANTOR City of Port Orchard, a municipal corporation in Kitsap County, Washington for and in consideration of valuable consideration as described under the Agreement For Purchase and Sale of Assets of West 580 Zone Reservoir executed by the parties on _________ � 2019 in hand paid, conveys and quit claims to the City of Bremerton, a municipal corporation in Kitsap County, Washington, the following described real estate, situated in the County of Kitsap, State of Washington together with all after acquired title of the grantor(s) herein: RESULTANT PARCEL A OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 3031737; THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, LYING NORTHWESTERLY OF FIEGLEY ROAD SW AND OLD CLIFTON ROAD SW (COUNTY ROAD NO. 234) AND LYING NORTHWESTERLY OF OLD CLIFTON ROAD SW (ALDER ROAD); EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE SI *55'45 W, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 330.14 FEET TO THE SOUTHWEST CORNER OF THE NORTH 330.14 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUIING Sl *55'45 W ALONG THE WEST LINE OF THE NORTHWEST QURTER OF SAID SECTION 8, A DISTANCE OF 412.36 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY MARGIN OF OLD CLIFTON ROAD; THENCE N42*51'37 E, ALONG SAID RIGHT-OF-WAY MARGIN, A DISTANCE OF 306.20 FEET; THENCE N47*08'23 WA DISTANCE OF 140.10 FEET TO THE BEGINNING OF A 95.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE NORTHWESTERLY (CLOCKWISE) ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 49*04'08 E, AN ARC DISTANCE OF 81.36 FEET; THENCE NI *55'45 E A DISTANCE OF 18.02 FEET TO THE SOUTH LINE OF THE NORTH 330.13 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE N88*34'43 W, ALONG SAID SOUTH LINE, A DISTANCE OF 62.00 FEET TO THE TRUE POINT OF BEGINNING; SUBJECT TO A NON EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES PURPOSES OVER, UNDER, ACROSS AND THROUGH A STRIP OF LAND 35.0 FEET IN WIDTH, THE SOUTHWESTERLY AND WESTERLY LINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8; THENCE SI *55'45 W, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 742.50 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY MARGIN OF OLD CLIFTON ROAD; THENCE N42*5I'37 E, ALONG Quit Claim Deed Page 1 of 3 SAID RIGHT-OF-WAY MARGIN, A DISTANCE OF 306.20 FEET TO THE TRUE POINT OF BEGINNING OF SAID DESCRIBED LINE; THENCE N47*08'23 WA DISTANCE OF 140.10 FEET TO THE BEGINNING OF A 95.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE NORTHWESTERLY (CLOCKWISE) ALONG SAIDCURVE, THROUGH A CENTRAL ANGLE OF 49*04'08 E, AN ARC DISTANCE OF 81.36 FEET; THENCE Nl *55'45 EA DISTANCE OF 18.02 FEET TO THE SOUTH LINE OF THE NORTH 330.13 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 AND THE TERMINUS OF SAID DESCRIBED LINE; THE NORTHEASTERLY AND EASTERLY LINE OF SAID STRIP SHALL BE PROLONGED OF SHORTENED, AS THE CASE MAY REQUIRE, TO INTERSECT THE NORTHWESTERLY RIGHT-OF-WAY MARGIN OF OLD CLIFTON ROAD AND TO TERMINATE AT THE SOUTH LINE OF THE NORTH 330.13 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8. ATTACHED AS EXHIBIT F DATED this __ day of ______ , 20_. THE CITY OF PORT ORCHARD, a municipal corporation By: ___________ _ Robert Putaansuu Its: Mayor Quit Claim Deed Page 2 of 3 ATTEST: Brandy Rinearson Port Orchard City Clerk APPROVED AS TO FORM: Jennifer S. Robertson Attorney for Port Orchard STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Mr. Rob Putaansuu is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port Orchard to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ________ 20 __ Quit Claim Deed (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 3 of 3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 13, 2019 Shoreline Master Program Periodic Update to accept the Department of Ecology Grant; and the Professional Services Agreement with The Watershed Company COUNCIL MEETING Date: November 20, 2019 Department: DCD Presenter: Allison Satter Phone: (360) 473-5845 SUMMARY: The City of Bremerton is required to update the Shoreline Master Program (SMP) every eight years per Chapter 90.58 of the RCW. The Department of Community Development has selected The Watershed Company to assist with the SMP Periodic Update. This consultant was selected following an extensive Request for Proposal process. The request for proposals was issued on August 12, 2019, was listed in the Daily Journal of Commerce on August 16, 2019 and the request was concluded on September 13, 2019. The City received three (3) proposals and interviewed those teams. The Consultant’s focus will be providing a gap analysis on the SMP and associated critical area regulations, verifying best available science is being used, updating the existing Code, and assisting with the environmental review. To facilitate in this required update, Department of Ecology has awarded the City $22,400 to help fund this work. There is no match required. ATTACHMENTS: 1. Department of Ecology Award Letter (dated July 12, 2019) for $22,400 2. Professional Service Contract with The Watershed Company a. Exhibit A: Scope of Work b. Exhibit B: Schedule c. Exhibit C: Budget FISCAL IMPACTS (Include Budgeted Amount): Total contract amount will not exceed $100,000. DCD professional services budget anticipated this $100,000 expenditure. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the Department of Ecology’s award funding of $22,400; approve the Professional Services Agreement with The Watershed Company for the Shoreline Master Program Periodic Update; 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 Attachment 2 Attachment 2 Page 1 of 7 Bremerton/[The Watershed Company] [Shoreline Master Program Periodic Update] Rev. 07/2018 PROFESSIONAL SERVICES AGREEMENT [Shoreline Master Program Periodic Update] The City of Bremerton (“City”) and The Watershed Company (“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 November 4, 2019, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be mo dified 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, and as scheduled in Exhibit B, immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as identified in Exhibit B, provided however, that additional time shall be granted by the Cit y for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $100,000. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 2 of 7 Bremerton/[The Watershed Company] [Shoreline Master Program Periodic Update] Rev. 07/2018 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIF ICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 3 of 7 Bremerton/[The Watershed Company] [Shoreline Master Program Periodic Update] Rev. 07/2018 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 4. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any Page 4 of 7 Bremerton/[The Watershed Company] [Shoreline Master Program Periodic Update] Rev. 07/2018 operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Kirkland, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Page 5 of 7 Bremerton/[The Watershed Company] [Shoreline Master Program Periodic Update] Rev. 07/2018 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Kirkland, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: City Clerk Attn: Dan Nickel City of Bremerton The Watershed Company 345 6th Street, Suite 100 750 Sixth Street South Bremerton, WA 98337-1891 Kirkland, WA 98033 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Page 6 of 7 Bremerton/[The Watershed Company] [Shoreline Master Program Periodic Update] Rev. 07/2018 M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non - performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Page 7 of 7 Bremerton/[The Watershed Company] [Shoreline Master Program Periodic Update] Rev. 07/2018 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF 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 Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 07 2018.docx Exhibit A – Scope of Work City of Bremerton Periodic Review of the Shoreline Master Program 1 EXHIBIT A PERIODIC REVIEW OF THE SHORELINE MASTER PROGRAM SCOPE OF WORK City of Bremerton Project Coordination and Outreach 1. Project Kick-off. At the start of this project, the Watershed team will meet with City staff to define the scope of work consistent with Ecology’s grant requirements, review/refine objectives, agree on initial tasks and timeline and coordinate on known resources to be delivered to the project team. Watershed will follow up with a project schedule for both outreach and deliverables from the team. The kick-off meeting may be conducted via phone or video conference, depending upon scheduling. 2. Public Participation Plan. The Watershed team will consult with city staff to help develop a Public Participation Plan to provide opportunities for public involvement in the SMP periodic review consistent with WAC 173-26-090. 3. Prepare Outreach Materials and Public Notices. The Watershed team will help prepare graphics to support outreach efforts, including providing detailed text and graphics which conveys substantive information to the lay reader. This task includes creation of a mailer post card to shoreline property owners to advertise for an on-line open house as well as coordination of notice for the public hearing and comment period with Ecology pursuant to WAC 173-26-104. The City will handle all meeting logistics and coordination, including publishing of outreach materials, mailing, and public noticing. 4. Conduct On-line Open House. The Watershed team will lead all preparation and coordination to conduct an on-line open house early in the process. The intent of the on-line open house is to reach a wide variety of participants who otherwise would not typically attend an in-person open house. 5. Consult with relevant agency staff, tribes, and neighboring jurisdictions. As needed, throughout the update process, the Watershed team will coordinate with applicable State and Federal agencies, tribal staff members, and neighboring jurisdictions which share an active interest in the City’s SMP. 6. Assistance with grant reporting and Ecology coordination. Throughout the process we will provide progress reports to assist the City with grant reporting requirements and will coordinate with Ecology on deliverable requirements as necessary. Although not specific to any one task, Watershed will coordinate regularly with City staff, including scheduling regular check-in phone calls during critical junctures in the project. SMP Update 7. Prepare SMP Gap Analysis Report. a. Review the SMP for consistency with legislative amendments. The Watershed team will review the City’s SMP, chapter 90.58 RCW, and Ecology’s rules and determine where amendments are needed to the City’s SMP to maintain compliance. This will be based on the Ecology checklist and public scoping process. Exhibit A – Scope of Work City of Bremerton Periodic Review of the Shoreline Master Program 2 b. Review the shoreline Critical Area Regulations. Review the City’s SMP Critical Areas Regulations for consistency with the City’s GMA Critical Area Regulations. c. Evaluate the Comprehensive Plan, Development Code and Flood Damage Prevention regulations. The Watershed team will look to evaluate consistency of the City’s current SMP with both the Comprehensive Plan and development regulations. d. Prepare SMP Gap Analysis Report. Following the results and findings of the above listed tasks, the Watershed team will prepare a detailed gap analysis report which provides summary recommendations. This will include recommendations based on City staff review and input. 8. Phone conference with City staff. The Watershed team will hold a conference call with City staff to discuss the Gap Analysis, public input and City identified housekeeping changes. 9. Provide draft amendments a. SMP amendments. Based on the results from Tasks 7 and 8, the Watershed team will provide a strikeout/underline update of the Shoreline Master Program for City review. b. CAO amendments. The Watershed team will provide a strikeout/underline update of the current CAO to address amendments identified in Tasks 7 and 8, for City review. 10. Revise Shoreline Designation Maps. We will update and correct environment designation mapping as needed and provide a new set of revised maps. 11. Provide revised draft code for public review. Based on City feedback, Watershed will prepare a revised draft all amendments for public review. 12. Prepare addendum to address No Net Loss criteria. The Watershed team will assess substantive changes to the SMP and document how no net loss of shoreline ecological functions may be achieved. If such documentation is needed, Watershed will prepare a memo to supplement the submittal package to Ecology. 13. Update to the Shoreline Restoration Plan. The Watershed team will provide an update to the Shoreline Restoration Plan to document what restoration projects have been completed since the comprehensive update. This will include coordination with restoration partners, including City departments, local tribes, non-governmental organizations, and other stakeholders. We anticipate producing a supplementary memo to be appended to the Restoration Plan. Local Adoption Process: The City plans to utilize the joint review process as outlined under WAC 173-26- 104. This process allows for streamlined efficiency for joint comment periods, joint public hearings, early interim reviews, and ideally, a local adoption that is in compliance with all State mandates. 14. Prepare SEPA documentation. The Watershed team will prepare a draft SEPA Checklist and threshold determination for City staff. 15. Attend public meetings. Members of the Watershed team will attend up to four (4) evening meetings. This is anticipated to include one in-person public open house held immediately prior to a Planning Commission workshop, one public hearing with the planning commission, one City Council study session, and one City Council Action Night. 16. Assist with Staff Reports. Watershed will assist City staff in the preparation of staff reports prior to each planning commission and City Council meeting listed above. 17. Assist staff in responding to comments. The Watershed team will review and comment on Planning Commission or City Council recommendations and responses to public comment which will be reviewed by City Council during their public deliberations. This includes preparation of a response matrix to categorize all comments received during the 30-day public comment period, Exhibit A – Scope of Work City of Bremerton Periodic Review of the Shoreline Master Program 3 by author, date, and issue and provide recommendations or rationale to address each item. This response to public comments will be submitted to Ecology per the City’s grant agreement. 18. Complete Department of Ecology Shoreline Master Program Periodic Review Checklist. The Watershed team will complete the Ecology Shoreline Master Program Periodic Review Checklist. 19. Review and edit final document(s) based on City direction and submit to Ecology for their Initial Determination. As requested, the Watershed team will provide a final review and edit to the documents as directed by the City in preparation of Ecology’s Initial Determination. 20. Final Adoption. Following receipt of Ecology’s comments on the Initial Determination, Watershed will prepare a revised SMP for City adoption. 21. Assist with SMP handout and permit applications. Watershed will provide the City with an informational handout describing the SMP process to assist applicants with their permit process. Watershed will also provide a review and recommended edits to the shoreline permit application forms to incorporate key data points to help the City track no net loss. Exhibit C – Budget City of Bremerton Periodic Review of the Shoreline Master Program 4 EXHIBIT B PERIODIC REVIEW OF THE SHORELINE MASTER PROGRAM Anticipated schedule: Task # Task Estimated Completion Date Project Coordination and Outreach 1 Project Kick-off November 2019 2 Develop Public Participation Plan December 2019 3 Develop outreach materials, public notices, and mailer Ongoing 4 Prepare and conduct on-line open house March 2020 5 Provide agency, stakeholder, and jurisdiction coordination Ongoing 6 Assist with grant reporting and Ecology coordination Ongoing SMP Update 7 a-d Prepare SMP Gap Analysis Report February 2020 8 Meet with City staff March 2020 9 a-b Provide draft amendments for City review April 2020 10 Update shoreline environment designation maps May 2020 11 Provide draft code for public review July 2020 12 Prepare no net loss supplementary memo July 2020 13 Prepare addendum to the Restoration Plan April 2020 Local Adoption Process 14 Prepare SEPA documentation August 2020 15 Attend evening public meetings (4 total) June 2021 16 Assist with staff reports (4 total) June 2021 17 Prepare responsiveness summary to public comments November 2020 18 Complete Ecology SMP Periodic Review Checklist November 2020 19 Review and edit final document(s) based on City direction and submit to Ecology December 2020 20 Prepare final adoption package following receipt of Ecology comments February 2021 21 Assist with SMP handout and permit applications June 2021 Exhibit B – Schedule City of Bremerton Periodic Review of the Shoreline Master Program Exhibit C – Budget City of Bremerton Periodic Review of the Shoreline Master Program 5 EXHIBIT C PERIODIC REVIEW OF THE SHORELINE MASTER PROGRAM BUDGET Task # Task Total Hours Total Cost Project Coordination and Outreach $29,974 1 Project Kick-off 16 $2,563 2 Develop Public Participation Plan 13 $1,775 3 Develop outreach materials, public notices, and mailer 51 $5,927 4 Prepare and conduct on-line open house 127 $16,889 5 Provide agency, stakeholder, and jurisdiction coordination 8 $1,260 6 Assist with grant reporting and Ecology coordination 12 $1,560 SMP Update $42,420 7a Review SMA legislative amendments 6 $830 7b Review the shoreline Critical Area Regulations 8 $1,170 7c Evaluate the Comprehensive Plan and Development Code 20 $3,020 7d Prepare SMP Gap Analysis Report 34 $4,230 8 Meet with City staff 12 $1,890 9a Provide draft SMP amendments for City review 108 $14,410 9b Provide draft amendments to the CAO, if necessary 18 $2,280 10 Update shoreline environment designation maps 46 $4,680 11 Provide draft code for public review 22 $2,960 12 Prepare no net loss supplementary memo 32 $3,630 13 Prepare addendum to the Restoration Plan 28 $3,320 Local Adoption Process $27,020 14 Prepare SEPA documentation 11 $1,340 15 Attend evening public meetings (4 total) 92 $12,272 16 Assist with staff reports (4 total) 12 $1,520 17 Prepare responsiveness summary to public comments 22 $2,680 18 Complete Ecology SMP Periodic Review Checklist 6 $840 19 Review and edit final document(s) based on City direction and submit to Ecology 14 $1,800 20 Prepare final adoption package following receipt of Ecology comments 14 $1,800 21 Assist with SMP handout and permit applications 40 $4,768 Expenses $585 Total $100,000 As the City progresses with this project, funding between the task listed above may shift as necessary. Exhibit C – Budget City of Bremerton Periodic Review of the Shoreline Master Program 6 Hourly Rates Effective August 2019* Ed McCarthy, PE, PhD Senior Water Resources Engineer $190 Dan Nickel, MSc Environmental Engineer $180 Hugh Mortensen, PWS Senior Ecologist $180 Jennifer Creveling, PWS Senior Biologist $180 J. Kenny Booth, AICP Senior Planner $180 Sarah Sandstrom, MSc, CFP, PWS Senior Fisheries Biologist $160 Al Wald, LHg Hydrogeologist $160 Greg Johnston, EIT, CFP, MSc Senior Fisheries Biologist $155 Amber Mikluscak, PLA, GISP, MLA Senior Landscape Architect/GIS Manager $150 Nell Lund, PWS Senior Ecologist $145 Ryan Kahlo, PWS Senior Ecologist $145 Mark Daniel, AICP Associate Planner/GIS Specialist $140 Clover McIngalls, PWS Environmental Planner $135 Marina French, PLA, MLA Landscape Architect $130 Betsy Mann Marketing Manager $120 Lucas Vannice, PLA Landscape Architect/Arborist $115 Katy Crandall Ecologist/Arborist $115 Kyle Braun, PLA Landscape Architect/Arborist $115 Logan McClish, EIT Water Resource Specialist $115 Billy Craig Project Administrator/IT Manager $110 Debra Klein Accountant $110 Michael Thai Environmental Scientist $110 Peter Heltzel, MSc, CFP Fisheries Biologist $110 Alex Capron Planner/GIS Specialist $100 Alex Pittman Environmental Planner $100 Sam Payne Ecologist/ Arborist $97 Roen Hohlfeld, MLA Landscape Designer/Ecologist/Arborist $95 April Mulcahy Landscape Designer/ Arborist $95 Grayson Morris, MLA, SITES AP Landscape Designer $92 Logan Dougherty Ecologist $90 Amanda Fleischman, MLA Landscape Designer $85 Nathan Burroughs, MSc GIS Analyst $85 Grace Brennan Ecologist $80 Amanda “Alee” McDonald Ecologist $78 *Rates for 2019 only; escalator clause for cost of living may apply in future years Acronym Key: CFP = Certified Fisheries Professional as certified by the American Fisheries Society PE = Professional Engineer EIT = Engineer In Training GIS = Geographic Information System PWS = Professional Wetland Scientist as certified by the Society of Wetland Scientists PLA = State of Washington Professional Landscape Architect AICP = American Institute of Certified Planners MSc = Master of Science degree MLA = Master of Landscape Architecture GISP = GIS Professional Exhibit C – Budget City of Bremerton Periodic Review of the Shoreline Master Program 7 Direct Costs: Auto Mileage Maximum standard rate allowable by IRS Reproduction: Color Printing Rate per Page 8 1/2 x 11 $1.00 11 x 17 $2.00 12 x 18 $2.50 Black & White Printing Rate per Page 8 1/2 x 11 $0.10 11 x 17 $0.20 12 x 18 $0.30 Plotting Rate per SF B&W Bond $1.05 Color Bond $1.18 B&W Glossy $12.18 Color Glossy $13.76 Outside Reproduction At cost Electrofishing Equipment Fee $100.00/day Trimble Geo XH - GPS Equipment Fee $190.00/day Panasonic FZ-G1 $130.00/day Solomat Water Quality Testing Equipment Fee $50.00/day YSI Salinity pH Meter $50.00/day Lodging and per diem Reimbursement will be at a rate not to exceed the WA State OFM per diem rate for location services are provided. Out-of-State locations will be reimbursed at the current GSA rate for location services are provided. Other Direct Costs At Cost AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5386 levying Property Taxes for Collection in 2020 Study Session Date: November 13, 2019 COUNCIL MEETING Date: November 20, 2019 Department: Financial Services Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: Cities over 10,000 in population are allowed to raise their annual property tax collection by either 1% or the amount of the July Implicit Price Deflator (IPD), whichever is lower. This year, the IPD was 1.396 %. As presented during the public hearing earlier on November 6th, the City is requesting the full 1% increase to our general property tax levy over the prior year’s collection, as allowed by law. This increase, along with the amounts anticipated for new construction, has been included in the 2020 Proposed Budget. In addition, we are also requesting to reset the EMS levy to the full .50 per 1000 as proposed in Proposition #1 resulting in a $695,754 increase over prior year. The EMS amount anticipated in the 2020 Proposed Budget includes this amount. RCW 84.52.020 requires all taxing districts to “certify to the county legislative authority, for the purpose of levying district taxes…the amounts to be raised” by property taxes. RCW 84.55.120 requires that the certification includes the enabling tax ordinance setting the property tax rate. These documents must be submitted to the county by November 30, 2019. ATTACHMENTS: Ordinance No. 5386 establishing the amount to be collected in 2020 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate FISCAL IMPACTS (Include Budgeted Amount): The proposed 2020 budget anticipates passage of this ordinance. Budgeted revenue matches the levy amounts as the total collections in recent years closely approximate the actual amount collected. In the General Fund revenue from the general property tax levy is $7,863,023 and the EMS levy is $2,002,531. Revenue from voter approved levies are budgeted in Debt Service funds and include $900,000 for the 2010 Public Safety bond and $550,000 for the 2015 Public Safety bond. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5386 establishing the amount to be collected in 2020 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 5H 1 2020 Property Tax ORDINANCE NO. 5386 AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing the amount to be collected in 2020 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. WHEREAS, the City Council attests that the population of the City of Bremerton for 2020 is 42,081; and WHEREAS, the City Council has properly given notice of the public hearing held on November 13, 2019, to consider the City’s revenue sources for the City’s General Fund budget; and WHEREAS, the City’s actual levy amount from the previous year, including any refunds and abatements levied was $7,619,234; and WHEREAS, the City’s actual EMS levy amount from the previous year, including any refunds and abatements levied was $1,306,777; and WHEREAS, the City Council, after hearing and duly considering all relevant evidence and testimony presented, has determined that the City of Bremerton requires a regular levy and EMS levy in the maximum amounts allowable, which is a 1.0% increase to the highest lawful levy allowed by law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2020 tax year. The dollar amount of the increase over the actual levy from the previous year shall be $59,903 which is an effective percent increase of 0.78621% from the previous year levy. This increase is exclusive of additional revenue resulting from new construction, any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. SECTION 2. That an EMS levy is hereby authorized for the levy to be collected in the 2020 tax year. The dollar amount of the increase over the actual levy from the previous year shall be $695,754 which is an effective percent increase of 0.130934% from the highest allowable levy. This increase is exclusive of additional revenue resulting from new construction, any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. This levy is further subject to the maximum allowable levy rate of $0.50 per $1,000 of assessed valuation. 2 2020 Property Tax SECTION 3. That a property tax levy for debt redemption of the 2010 Public Safety UTGO Refunding Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2020 at a rate sufficient to provide $900,000 needed to meet debt service obligations in 2020. SECTION 4. That a property tax levy for debt redemption of the 2015 Public Safety UTGO Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2020 at a rate sufficient to provide $550,000 needed to meet debt service obligations in 2020. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2019 _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2019 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2019 EFFECTIVE the _________day of ______________________, 2019 ORDINANCE NO. ____________ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Professional Services Agreement with the Law Offices of Bagwell & Harvey PLLC COUNCIL MEETING Date: November 20, 2019 Department: City Attorney Presenter: Roger A. Lubovich Phone: (360) 473-2345 SUMMARY: In order to meet the current workload, the City Attorney desires to extend the legal services of Bagwell & Harvey PLLC through a contract for general municipal representation. The proposed agreement extends services provided under the current agreement with Bagwell & Harvey PLLC. Due to the funding limitations of the current agreement, the City desires to enter into the proposed agreement. ATTACHMENTS: Proposed Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Funds are currently budgeted for 2019 and will be budgeted in the 2020 budget for the City Attorney’s Office to fulfill the terms of the contract. STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation ☒ N/A COUNCIL MEETING ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and the Law Offices of Bagwell & Harvey PLLC; and authorize the City Attorney 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 5I 1 PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Law Offices of Bagwell & Harvey PLLC ("Retained Counsel"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: Retained Counsel will represent the City of Bremerton on an as needed basis in matters related to municipal government services and transactional work as directed by the City Attorney. II. Term: This Agreement commences upon execution by the Parties and shall continue in full force and effect until terminated pursuant to Section V of this Agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel an hourly rate for services as follows: $110.00 per hour for Amanda Harvey and $225.00 per hour for Kenneth W. Bagwell for all legal services provided. Out of pocket expenses will be reimbursed in accordance with Retained Counsel's standard billing practices. The Parties agree that the hourly rates for services stated herein may, from time to time, and upon approval by the City Attorney, be adjusted to reflect current market rates and conditions. City shall provide the use of City facilities and personnel for administrative support for City related representation to assist the City Attorney’s office during the transition of staff (“Initial Term”). Upon conclusion of the Initial Term, as determined by the City Attorney, Amanda Harvey’s hourly rate may be adjusted accordingly. IV. Insurance and Hold Harmless: Retained Counsel shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: a professional liability policy ("E&O") providing coverage of One Million Dollars ($1,000,000) for errors and omissions committed by Retained Counsel while performing its obligations under this Agreement. The policy shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage of the policy. Retained Counsel shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performance of this Agreement. Retained Counsel agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Retained Counsel, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Retained Counsel have specifically negotiated Retained Counsel's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Retained Counsel's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. 2 V. Termination: The Parties agree that this Agreement will continue in full force and effect until terminated. Either party may terminate this Agreement at any time, with or without cause upon 30 days written notice to the other party. VI. General Conditions: A. Reports and Information: When requested by the City Attorney or a Bremerton Assistant Attorney, Retained Counsel 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. B. Entire Agreement - Prior Agreements Replaced: This Agreement constitutes the entire agreement between the Parties. The Parties acknowledge that this Agreement replaces all prior agreements and there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: CITY: Roger A. Lubovich, City Attorney City of Bremerton 345 Sixth Street, Suite 100 Bremerton, WA 98337 RETAINED COUNSEL: Amanda Harvey Bagwell & Harvey PLLC 9057 Washington Ave NW Silverdale, WA 98383-8341 F. 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 a waiver of any other right or power. G. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State and local laws in performing its obligations under this Agreement. H. 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. I. 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 attorneys' fees. VII. Nondiscrimination: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. [SIGNATURES ON NEXT PAGE] CITY OF BREMERTON BAGWELL & HARVEY PLLC 3 By: Roger A. Lubovich By: Amanda Harvey Its: City Attorney Date: Date: APPROVED AS TO FORM: RECEIVED FOR FILING: Roger A. Lubovich, City Attorney Angela Hoover, City Clerk R:\Legal\Legal\Contracts\LEGAL\2019 Amanda Harvey Agreement - Final.doc AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 13, 2019 Professional Services Agreement with Skillings Connolly, Inc. for Design of the Washington Avenue and 11th Street Improvements [Roundabout] Project COUNCIL MEETING Date: November 20, 2019 Department: Engineering Presenter: Andrea Archer-Parsons Phone: (360) 473-2317 SUMMARY: In June 2019, the City accepted a United States Surface Transportation Program (STP) Grant through the Puget Sound Regional Council (PSRC) to design and construct a roundabout at the west end of the Manette Bridge and full street reconstruction from the roundabout to Pacific Avenue. The City advertised a Request for Proposals and received proposals from four qualified design firms. Three firms were interviewed and Skillings Connolly was selected to perform the design. The Professional Services Agreement will be in WSDOT standard agreement, with its standard terms and conditions. ATTACHMENTS: 1) Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with Skillings Connolly, Inc. FISCAL IMPACTS (Include Budgeted Amount): The consultant fee for design is estimated at $530,000.00; $458,450.00 will be from the STP Funding and $71,550.00 will be City funding from REET (Real Estate Excise Tax). STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Skillings Connolly, Inc. for the design of the Washington and 11th Improvements Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6A Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: 'RHV WKLV 5HTXLUH '(6 ¿OLQJ"Yes No Firm/Organization Legal Name (do not use dba’s): Address Federal Aid Number UBI Number Federal TIN or SSN Number Execution Date Completion Date 1099 Form Required Yes No Federal Participation Yes No Project Title Description of Work Yes % No DBE Participation Yes % No MBE Participation Yes % No WBE Participation Yes % No SBE Participation Total Amount Authorized: Management Reserve Fund: Maximum Amount Payable: Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation6%(3ODQ Exhibit C 3UHSDUDWLRQDQG'HOLYHU\RI(OHFWURQLF(QJLQHHULQJDQG2WKHU'DWD Exhibit D 3ULPH&RQVXOWDQW&RVW&RPSXWDWLRQV Exhibit E 6XEFRQVXOWDQW&RVW&RPSXWDWLRQV Exhibit F 7LWOH9,$VVXUDQFHV Exhibit G &HUWL¿FDWLRQ'RFXPHQWV Exhibit H /LDELOLW\,QVXUDQFH,QFUHDVH ([KLELW ,$OOHJHG&RQVXOWDQW'HVLJQ(UURU3URFHGXUHV Exhibit J &RQVXOWDQW&ODLP3URFHGXUHV Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised ✔ Skillings Connolly 5016 Lacey Blvd SE Lacey, WA 98503 STPUL-9918 (017) 600 491 794 91-1212924 November 20, 2019 December 31, 2022 Washington & 11th Improvements Project This project will design and construct a roundabout in the intersection of Washington Avenue and the Manette Bridge, and will include full street reconstruction (including sidewalks and bike lanes) on 11th Street and Washington Avenue between the new roundabout and Pacific Avenue. 9 $506,370.75 $23,629.25 $530,000.00 THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the , hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.” WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 2 of 14 Revised 08/15/2019 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26 shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, is required to enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. Non minority, woman owned DBEs does not count towards UDBE goal attainment. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C – Preparation and Delivery of Electronic Engineering and other Data.” All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Name: Agency: Agency: Address: Address: City: State: Zip: City: State: Zip: Email: Email: Phone: Phone: Facsimile: Facsimile: IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. This AGREEMENT may require filing with the Department of Enterprise Services (DES) pursuant to RCW 39.26.140. If such approval is required by DES, this AGREEMENT shall not bind the AGENCY until approved by DES. If the AGREEMENT must be approved by DES, work cannot begin, nor payment made until ten (10) or more working days following the date of filing, and, until approved by DES. Any subsequent SUPPLEMENTAL AGREEMENT may also be subject to filing and/or approval from DES. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled “Completion Date.” The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 3 of 14 Revised 08/15/2019 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, “Scope of Work”. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits “D” and “E” and by this reference made part of this AGREEMENT. A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT’S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT’S cost estimate and the ICR percentage is shown in Exhibits “D” and “E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all A&E sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year’s ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY’s Project Manager and/or the Federal Government may perform an audit of the CONSULTANT’S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the WSDOT’ Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 4 of 14 Revised 08/15/2019 4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT’S profit, is shown in attached Exhibits “D” and “E” of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled “Termination of Agreement.” 5. Management Reserve Fund (MRF): The AGENCY may desire to establish a MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, “Extra Work.” 6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, “General Requirements” of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 5 of 14 Revised 08/15/2019 D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT’s Internal Audit Office and /or at the request of the AGENCY’s Project Manager. VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 6 of 14 Revised 08/15/2019 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII. Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a) • Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324) • Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794) • Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.) • Civil Rights Restoration Act of 1987 (Public Law 100-259) • American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.) • 23 CFR Part 200 • 49 CFR Part 21 49 CFR Part 26 • RCW 49.60.180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 7 of 14 Revised 08/15/2019 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.” XI. Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J.” In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 8 of 14 Revised 08/15/2019 XII. Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold the State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and/or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or the AGENCY’s, their agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to STATE and/or the AGENCY, their agents, officers and employees by the CONSULTANT, their agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the Parties. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 9 of 14 Revised 08/15/2019 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 10 of 14 Revised 08/15/2019 The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII. Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,” under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the AGENCY Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 11 of 14 Revised 08/15/2019 XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver’s license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, STATE and AGENCY security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State’s Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 12 of 14 Revised 08/15/2019 Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub-consultants’ information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 13 of 14 Revised 08/15/2019 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. “Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Page 14 of 14 Revised 08/15/2019 Exhibit A Scope of Work Project No. Agreement Number: Exhibit A - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Skillings Connolly, Inc. Page 1 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements EXHIBIT A SCOPE OF WORK AGREEMENT NO. 1 CITY OF BREMERTON WASHINGTON & 11TH IMPROVEMENTS CITY PROJECT NO. 315026 FEDERAL AID NO. STPUL‐9918(017) October 30, 2019 Skillings Connolly, (CONSULTANT) has been selected by the City of Bremerton to provide design engineering, environmental, and right‐of‐way acquisition services for the reconstruction of Washington / 11th from the Manette Bridge to Pacific. This project is currently funded through a federal grant administered through the Washington State Department of Transportation (WSDOT) and local agency funds. The work will include a roundabout at the Washington and 11th intersection and full width roadway reconstruction along 11th Street from the Manette Bridge to Pacific. The main goals of the project are to provide safe and consistent mobility improvements through the corridor and increasing the level of service at the Manette/Washington intersection. The project will include full width roadway reconstruction, sidewalks, bike lanes, storm drainage improvements, street lighting, and utility relocations/upgrades. A traffic analysis will be completed to evaluate the roundabout and corridor mobility. In addition, survey, utility coordination, geotechnical investigation, right‐of‐way acquisition, cultural and historical resources assessment, and support to the city for environmental permitting and community outreach efforts. To complete this work the following tasks will be included:  Project Management  Kick‐off meeting to define project objectives and goals.  Public Involvement/Outreach Support  Survey and Mapping  Geotechnical Investigation  Environmental – o NHPA Section 106 Evaluation o NEPA/SEPA Support to City o Shoreline Permitting Support to City o No Effect Letter o Biological Assessment Report o Environmental Commitment Letter o APE Review Memorandum  Traffic Analysis/Modeling  Utilities Coordination  Utility Pothole Services  Geometric Layout Design for the Roundabout and Roadway Design  30% PS&E  60% PS&E  90% PS&E  Final Plans, Specifications, and Estimate (100% PS&E)  Right of Way Assistance The following items are anticipated to be added as a supplement to the base contract: Skillings Connolly, Inc. Page 2 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements  Additional Right‐of‐Way Assistance efforts dependent upon final improvements limits.  Bidding Support Services.  Construction Support Services including field inspections. Project Assumptions: This scope of work is based on the following general assumptions:  Improvement and general project limits will follow those outlined in the Puget Sound Regional Council Funding Application prepared for this project dated April 19th, 2018.  Anticipated design schedule from mid December 2019 to October 2021. Construction Ad date anticipated for October 29, 2021 with construction in spring of 2022.  The city has confirmed that the preferred improvement at the intersection of the Manette Bridge and Washington is a roundabout.  All plan sheets will be prepared in AutoCAD v.2018 format.  All roadway design will be completed using Civil3D v.2018 software  Fee structure will be Cost Plus Fixed Fee  Additional Right of Way and/or construction easements will be required for this project. Required right‐of‐way and/or easements will be identified during the 30% design phase.  The City of Bremerton will complete the NEPA, SEPA, and all Shoreline Permits. CONSULTANT will provide support for these efforts as identified in this scope of work.  All word documents, excel spreadsheets, project schedules will be completed using CONSULTANT’s latest version of Microsoft WORD, Microsoft Excel, and Microsoft Project.  The project will be developed as a single package. Bid alternates, bid additives, or subsequent repackaging of the project into separate phases is not included.  Landscaping and irrigation design are not included in this scope of work or fee.  It is assumed that all existing retaining walls along the project are structurally sound. No engineering analysis of these existing retaining wall systems is included in this scope of work.  It is assumed that there are no contaminated soils within the project limits.  Design for the lower sidewalk along the east side of Washington Avenue from the Manette Bridge to approximately 500 feet north is not included in this scope of work.  The City will complete all coordination efforts relating to the current maintenance agreement with WSDOT for the Manette bridge. REFERENCES Skillings Connolly (CONSULTANT) will perform services set forth in this SCOPE OF WORK on behalf of the city of Bremerton (CITY) using procedures specified by the CITY and in compliance with the standards and requirements set forth in the following procedures, regulations and most current (at the time of execution of this agreement) adopted manuals which by reference, are made a part of this Agreement. Current (as of the date of execution of the agreement) versions of the following publications and manuals will be applicable when specifically cited in the City of Bremerton Road Standards and Codes or when required by state or federal funding authorities:  Washington State Department of Transportation/American Public Works Association (WSDOT), Standard Specifications for Road, Bridge, and Municipal Construction (M41‐ 10), 2020 edition, as amended  Local Agency General Special Provisions  WSDOT/APWA, Standard Plans for Road, Bridge, and Municipal Construction, (M21‐01)  Materials Laboratory Outline  Construction Manual Skillings Connolly, Inc. Page 3 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements  Local Agency Guidelines Manual  Design Manual (M22‐01)  Hydraulics Manual (M23‐03)  Highway Runoff Manual (M31‐16)  Right of Way Manual  General Special Provisions  Traffic Manual (M51‐02)  AASHTO (A Policy on Geometric Design of Highways and Streets)  City of Bremerton Engineering Design and Development and Codes (including standard plans)  MUTCD as revised by Washington State  WSDOT Plans Preparation Manual DOCUMENTS TO BE PROVIDED BY CITY OF BREMERTON It is agreed that the CITY will provide the following documents and/or data if available:  Roadway and utility as‐built drawings  Existing right‐of‐way plans for the project area  Available as‐built drawings of structures such as walls and barriers within the project limits. WORK ELEMENTS Task 10 – PROJECT MANAGEMENT This task includes CONSULTANT management of staff and Subconsultants, invoices and progress reporting, progress meetings, and internal staff team progress meetings. Assumptions:  The Project Schedule will be in Microsoft Project.  Meetings will be by phone unless otherwise stated.  QA/QC quality checks are imbedded in the 30, 60, 90, and 100 percent submittal tasks.  Project duration is 22 months (December 2019 to October 2021). Tasks: 1. Prepare Project Management Plan 2. Prepare and maintain Project Work Plan with two‐week lookaheads. 3. Develop a Project Schedule for the completion of the one hundred percent (100%) PS&E documents and provide up to four (4) updates. Schedule to include critical path and milestones. 4. Schedule, prepare for, and take part in bi‐weekly phone communications with the CITY. Estimated at 40 phone meetings. 5. In addition to weekly phone meetings, the CONSULTANT will attend face‐to‐face meetings with CITY staff to address complex design or coordination issues. Estimated at five (5) face‐to‐face meetings to be held at the City of Bremerton Public Works Department. 6. Provide in‐house team coordination and work plan meetings. 7. CONSULTANT will manage Subconsultants. 8. CONSULTANT will prepare monthly billings with progress reports and include monthly Earned Value reports. Deliverables:  Project Management Plan Skillings Connolly, Inc. Page 4 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements  Project Work Plan  Project Schedule (Project and pdf format) and updates if necessary.  Monthly invoices, with status reports and earned value reports.  Meeting Minutes Task 20 – KICK‐OFF MEETING The combined kick‐off meeting, site visit, and general project discussion will allow team members from CONSULTANT and City to meet each other, discuss the Consultant’s Project Management Plan and Work Plan, and other relevant discussion topics. Assumptions:  Kick‐off meeting with City will be held after Notice to Proceed.  City staff will prepare the meeting agenda and complete the meeting minutes.  Attendees:  City PM and other key staff  Consultant PM and discipline leads  Traffic Engineering Subconsultant  Geotechnical Subconsultant  Right‐of‐Way Acquisition Subconsultant  WSDOT Local Programs Tasks: 1. Project kick‐off meeting and site visit.  Site visit to identify: o Design challenges o Geotechnical issues o Environmental challenges o Right‐of‐Way challenges o Photo documentation  Photo documentation o Project discussion to solidify ideas: o City goals, needs, and vision for the project o Road alignments o Utility needs o Geotechnical concerns o Environmental permitting support o Cultural resources review o Right‐of‐way needs o Property owner/community concerns o Other issues to be addressed o Field work coordination to address peak hour traffic Skillings Connolly, Inc. Page 5 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements Deliverables: No deliverables. Task 30 – Public Outreach/Involvement CONSULTANT will provide support as noted in the tasks below for the City of Bremerton’s public outreach/Involvement efforts. Assumptions:  City of Bremerton will lead the public outreach/involvement efforts for this project.  CONSULTANT will be required to attend the public outreach events (estimated at 2 events hosted by the City with 2 CONSULTANT staff to attend each event). Tasks: 1. Coordination phone calls with City, estimated at three (3) calls. 2. Attend two public outreach events (two CONSULTANT staff, 3 hours duration each event) 3. Prepare open‐house display materials for two (2) public outreach events. Materials to include: a. Conceptual improvement plan views (horizontal linework) – 2 display boards. b. Three (3) cross section renderings – 1 display board. c. One (1) 3D rendering of the roundabout improvements – 1 display board. d. One (1) 3D rendering of the 11th roadway improvements – 1 display board. e. Roll Plot of project for Citizen input and markup. 4. Update public meeting drawings noted as items a, b, c, d, and e above with current design for 2nd public meeting. Deliverables:  Presentation displays boards for 1st public meeting.  Updated presentation display boards for 2nd public meeting. Task 40 – Survey and Mapping CONSULTANT will contract with 1 Alliance, the SUBCONSULTANT, to provide topographic survey and mapping for this project. CONSULTANT will provide coordination with 1 Alliance. Documents to be Provided by the CITY: It is agreed that the CITY will provide the following documents and/or data to CONSULTANT for use in development of the project:  CITY’s Survey group will provide available documents for the CONSULTANT’S review. Background The proposed improvements include designing a roundabout at the intersection of Washington Avenue and the Manette Bridge and full street reconstruction (including sidewalks, curb and gutter, and bike lanes) on 11th Street and Washington Avenue between the new roundabout and Pacific Avenue. Project Limits Please see Exhibit A, Surveying Limits, attached to this proposal. Project limits are described as follows: (Based off existing road alignments)  Washington and 11th Skillings Connolly, Inc. Page 6 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements o Mapping to be completed to existing right‐of‐way and 10 feet beyond (left and right) Extending 100’ south of the Manette Bridge to the intersection of Pacific and 11th.  Intersection of Pacific and 11th o Mapping to be completed to end of curb returns at all four corners of the intersection.  Side Streets o Mapping to be completed to end of curb returns and beyond by 10 feet in all locations.  Manette Bridge o Mapping to be completed 50’ east of bridge structure. Scope of Services 1. Surveying and Mapping 1.1. Survey PM, Admin, QA/QC This task includes the survey project management, administrative duties, and quality control required for a project of this complexity and magnitude. 1.2. Survey Control This task includes the establishment of survey control, or the recovery of existing survey control, as required for the project. Typically, survey control will be set, found, or referenced utilizing Real Time Kinematic (RTK) GPS (GNSS) and the Washington State Reference Network (WSRN) in conformance with industry standards. This survey control is then typically propagated, as required, utilizing standard terrestrial total station measurements.  Geodetic Survey Control A system of horizontal and/or vertical control stations that have been established and adjusted by geodetic methods and in which the shape and the size of the earth (geoid) have been considered in position computations. A geodetic datum is an abstract coordinate system with a reference surface that serves to provide known locations to begin surveys and create maps. o Horizontal ‐ Survey work shall reference the Washington State Plane Coordinate System of 1983 as established in accordance with Chapter 58.20 Revised Code of Washington. Bremerton standards will be held if different. o Vertical ‐ The Vertical Datum for the survey work shall reference the North American Vertical Datum of 1988 (NAVD88). o Units shall be in US Survey Feet. o Distances will be ground distances.  Cadastral Survey monumentation for the purpose of creating or reestablishing boundaries and/or tracts of land. 1.3. Field Surveying and Mapping Topographic and Planimetric surveying services will be performed to support engineering design along this corridor. This effort is to be considered a full topographic survey and all found permanent features and artifacts will be mapped. Please see Exhibit A for details to the limits and specific instructions for this effort. 1 Alliance proposes using terrestrial LiDAR – 3D Laser Scanning (3DLS) – for mapping in order to reduce exposure to roadway conditions and thus reducing the need for traffic control. Conventional mapping will be used to supplement the 3DLS.  Visible improvements situated within the described mapping limits will be mapped. Skillings Connolly, Inc. Page 7 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements  Ground measurements will be captured sufficient to generate a digital terrain model (DTM) at one‐foot contours. 1.4. Utility Surveying Services  Surface Observable utilities will be located as found within the surveying limits.  Measure Downs for sewer manholes, catch basins and storm drain manholes with pipe size, material, direction, and invert elevations will be obtained at each structure. Nearest drainage structure outside the mapping limits will also be collected.  Underground Conductible Utility Locates and Surveying. 1 Alliance will arrange for underground ‘conductible’ utility locating, typically by means of a third‐party utility locate service. This service shall locate utilities within the project corridor limits. The consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the utility locating service. 1.5. Office Processing This task includes the office processing of the collected survey data, data extraction, field book notes reductions, CADD drafting, and other duties required for the generation of the deliverable(s). For 3D laser scanning efforts, sub‐tasks include the registering of point clouds; evaluating the registrations; exporting the point cloud data to Civil3D; creating or picking of appropriate points in Civil3D; Linework and Layering, and standard CADD drafting of the deliverables, as required. 1.6. Right‐of‐Way and Boundary Resolution(s)  Right‐of‐Way and Parcel Boundaries ‐ Existing right‐of‐way and Parcels will be researched and resolved along the survey limits shown in Exhibit A.  1 Alliance will prepare and deliver legal descriptions and exhibits for up to 2 parcels (ownerships) for right‐of‐way takes and easements with up to 3 revisions per parcel. Skillings will provide the linework for the right of way take in an exhibit prior to 1 Alliance work. Understandings 1. The City will provide a deed with current updates to the road and all other available right‐of‐way data to the CONSULTANT for use in establishing the existing right‐of‐way within the project limits. It is assumed that the data provided by the City will be complete and can be utilized for completion of the right‐of‐way plan required by WSDOT Local Programs for federally funded projects.” 2. 1 Alliance personnel will not access any area that is deemed unsafe for any reason. 3. 1 Alliance is not responsible for any delays due to safety issues. 4. 1 Alliance is not responsible for delays caused by others. 5. 1 Alliance is not responsible for the quality, completeness, or timeliness of Subconsultants and/or the work of others. 6. Rights‐of‐Entry (ROE), if required, will be provided by the AGENCY 7. Permits will not be required for 1 Alliance’s efforts. 8. Utility locates will be subcontract by 1 Alliance and included as an ODC. 9. Traffic Control, if required, will be sub‐contracted by 1 Alliance and included as an ODC. 10. Title Reports beyond those obtained per Task 180 will be provided by the CITY. 11. Property corners will not be set in conjunction with this survey. 12. A record of Survey(s) is not a part of these services. 13. Confined space entry will not be required. Skillings Connolly, Inc. Page 8 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements 14. Wetland flags are NOT a part of these tasks. 15. Geotechnical bores, potholes, hand holes, and test pit locations are NOT a part of these tasks. 16. Skillings will provide the linework for the right of way take in an exhibit prior to 1 Alliance work. 17. Field data will support 1’ contour intervals. 18. Any in‐street Field work to be completed during off‐peak traffic times. Deliverables 1. Signed topographic survey drawings (hard copy, pdf, and AutoCAD). 2. Project base map at 1” = 20’ scale, 1‐foot contours. 3. 2018 AutoCAD Civil 3D file of project base map in 1 Alliance CAD drafting standards. 4. 2018 AutoCAD Civil 3D digital terrain model (DTM) file. 5. 2018 AutoCAD Civil 3D Land XML‐compatible digital terrain model (DTM) file. 6. ASCII file of topographic and control points. 7. Right‐of‐Way plan sealed by a Washington State professional land surveyor CONSULTANT will complete the following tasks in support of the topographic survey task: Tasks: 1. CONSULTANT will provide coordination and review services of the topographic survey. Task 50 – Utility Potholing CONSULTANT will contract with Applied Professional Services (APS), the SUBCONSULTANT, to provide utility potholing services for this project. APS, Inc. (Applied Professional Services) will utilize their Air Vacuum Excavation System to verify utilities at selected test‐hole locations determined by CONSULTANT. This process is being performed to obtain utility and depth information for the project’s design. APS, Inc. will utilize our Air Vacuum Excavation System to verify utilities at selected test‐hole locations determined by Skillings Connolly, Inc. this process is being performed to obtain utility and depth information for the project’s design.  APS, Inc. shall air vacuum excavate up to (9) test‐holes to obtain depth of an existing underground utilities for engineering design.  All work is assumed at this time to be either nights or weekends due to the traffic flows.  Scope is based on the assumption that the utility will be between 0’ and 10’ in depth.  All test‐holes are assumed to be located in the existing asphalt ROW.  APS, Inc. shall backfill all test‐holes with a material approved by the City of Bremerton (5/8” select, sand or pea gravel).  All traffic control needed for lane closures will be provided by APS, Inc.  Each test‐hole will be backfilled with 5/8’ crushed rock, pneumatically tamped and patched with an EZ‐Street cap. Each patch will carry a (2) year warranty from the date the test‐hole was excavated.  CDF backfill and permanent asphalt repair are excluded from this scope. In the event that City of Bremerton requires CDF backfill and/or permanent asphalt repair additional fees will be required.  This estimate is based on design engineering rates in which case prevailing wages do not apply. Skillings Connolly, Inc. Page 9 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements  A grind and overlay of the existing road way is not covered in this scope. Should the City of Bremerton require additional restoration, other than what is included in the scope, then additional fees will be required.  At this time all permitting fees are assumed at not‐to exceed. Permit fees will be billed at actual cost at invoice.  No field work explorations will be completed until an approved APE (area of potential effects) documents has been provided by the Project Engineer. Deliverables A. Test‐hole data sheets, which include Top, Bottom, Width, Diameter and Direction of the utility. B. Excel spread sheet containing all test‐hole data for the project. C. Hub & Washer left at grade denoting the depth and location of utilities found. D. Photo of all found utilities Task 60 – Geotechnical Investigations CONSULTANT will contract with HWA GeoSciences, Inc. (HWA), the SUBCONSULTANT, to provide geotechnical investigation and design for this project. Subconsultant HWA GeoSciences, Inc, (HWA) will be contracted by CONSULTANT to complete a geologic reconnaissance and subsurface investigations across the Site to characterize the subsurface conditions and complete geotechnical engineering analyses and design criteria for roadway improvements. Field work will include pavement cores, test pits, and infiltration testing. Investigation will evaluate groundwater conditions, recommended pavement structural section, construction/final slope stability slopes, stormwater infiltration feasibility, asphalt pavement re‐use opportunities, and recommendations for subgrade stabilization if required. HWA will prepare and submit a technical memorandum summarizing the results of explorations, analyses, conclusions, and recommendations PROJECT BACKGROUND The project involves the construction of a new roundabout at the Washington Avenue and Manette three‐ way intersection at the western side of the Manette Bridge in Bremerton, Washington. This roundabout is anticipated to resemble the existing roundabout at the eastern side of the Manette Bridge. To the north of the Washington Avenue and Manette intersection, Washington Avenue turns westward and becomes 11th Street. Improvements on Washington Avenue and 11th Street will extend from about 30 feet south of the new roundabout to the intersection of Pacific Avenue and 11th Street and will include pavement restoration, bike lane addition, permeable sidewalk construction, and street light installation. As part of the improvements, the existing streetlights and signal poles previously constructed with the completion of the Manette Bridge in 2011 and 2012, will be removed to make room of the new roundabout. We understand that the existing retaining walls west of Washington Avenue and on both sides of the road at the bend in alignment where Washington Avenue becomes 11th Street will remain in place and the roadway construction will not impact the walls. We understand that some settlement has been observed following recent reconstruction of Washington Avenue south of the project area and the City would like to evaluate the potential for soft subgrade and/or subsurface drainage issues along the proposed project alignment. We also understand that reuse of the asphalt layers as base for the new pavement is being considered. Based on the project understanding, we propose the following Scope of Work and Cost Estimate to provide geotechnical and pavement design services for this project. Skillings Connolly, Inc. Page 10 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements APPROACH AND SCOPE OF WORK  Project Setup: HWA will initiate the project and conduct setup procedures.  Compile and Review Existing Information: HWA will review and compile all relevant, existing and publicly available geotechnical and geologic data for the proposed roundabout area and 11th Street improvements. We assume that the City will provide recent geotechnical data in the vicinity, which could include data from the reconstruction of the current Washington and Manette intersection. We will also review files from our internal catalogue of work in Bremerton.  Site Reconnaissance and Mark Utility Locates: Preliminary on‐site assessments will be conducted in two site visits: one trip to the site perform the reconnaissance, mark the boring locations and call in utility locates, and one trip to verify and finalize locates and explorations.  Prepare Site Exploration Plan, Traffic Control Plans and Street Use Applications: We will prepare a site exploration work plan for falling weight deflectometer (FWD) testing and coring of the existing asphalt to obtain data for assessment of the current subgrade conditions and design of the new pavement sections. HWA will prepare appropriate traffic control plans (TCPs) and associated documentation for submittal with Right‐of‐Way permits. We assume that all permits and property access will be provided by others, at no cost to HWA. FWD testing and coring will be scheduled after the site exploration plan has been approved. Once field exploration locations have been finalized,  Conduct FWD, Coring, and Handholes for Pavement Subgrade Assessment: HWA will perform FWD testing and pavement coring where existing pavement will be removed, and new pavement placed. Falling Weight Deflectometer (FWD) testing is non‐destructive and consists of dropping a heavy weight on the pavement and measuring the deflections of the surrounding pavement using geophones. The data is used to estimate the subgrade modulus of the underlying soils. Cores will be performed at selected areas where FWD testing was performed to determine the condition and thickness of the pavement, base layer(s), and subgrade. At the locations where new pavement will be constructed, hand holes and Drop Cone Penetrometer (DCP) testing will be performed to provide thicknesses of the pavement section and check the data provided by the FWD. For this project, we envision performing FWD testing at intervals of 100 to 200 feet for both directions in the existing travel lanes for a total of 2,600 lineal feet of assessment. Once FWD testing is completed, HWA will drill 8 pavement cores and conduct DCP and handhole explorations. We estimate the FWD testing will be accomplished in one (1) day of work for one person. Pavement coring/handholes will require two (2) days of work for two people.  Prepare Summary Logs, Photographic Core Logs, and Assign Laboratory Testing: We will prepare summary logs from our explorations; including handhole logs and photographic pavement core logs. HWA will keep all soil samples collected during the course of these investigations until 30 days after issuance of our final report. Prior to disposal, HWA will inform the client and the client may direct HWA to store the samples, to dispose of the samples, or to deliver the samples to the client. If requested, HWA will store the samples for the owner at a rate of $1.00/sample/month ($25.00/month minimum charge). HWA can deliver the samples to the owner for a maximum charge of $100. We will notify the client of the monthly rate for storage prior to disposal or in‐house storage. Our proposed project costs do not include the cost of sample storage.  Pavement Assessment and Design: The FWD test data and pavement core information will be used to provide pavement design recommendations for the new pavement. Utilizing estimated vehicle loads, provided to us by the City, we will determine the appropriate pavement sections for up to two pavement subgrade conditions. This would include providing recommendations for reuse of existing pavement as base material for the new pavement section.  Prepare Draft Preliminary Geotechnical Engineering Report and Pavement Design Report: We will prepare a draft geotechnical engineering report for the project. This report will contain the results of the geotechnical engineering investigation, including description of surface and subsurface conditions; a site plan showing exploration locations and other pertinent features; summary exploration logs; and Skillings Connolly, Inc. Page 11 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements laboratory test results. The report will provide geotechnical recommendations for each of the proposed improvements.  Finalize Preliminary Geotechnical Engineering Report: HWA will finalize our geotechnical report once we receive review comments Skillings‐Connolly and the City of Bremerton.  HWA Internal QA/QC for Geotechnical and Pavement Tasks: HWA will have all design calculations and recommendations reviewed by a senior principal prior to distribution to the design team.  Attend Project Kickoff and Coordination Meetings: HWA will attend one project kickoff meeting and one design meeting at the City. HWA’s attendance will be used to convey the geotechnical considerations of the site to the design team. HWA will participate in two (2) additional meetings with the design team via teleconference.  Task Coordination and Management: HWA will provide geotechnical task management to all geotechnical related aspects of the project and will correspond with Skillings‐Connolly and the design team in the form of emails, fax, and telephone calls, as necessary. HWA will also prepare monthly invoices, and progress reports for the duration of the design phase of the project. OPTIONAL TASKS ‐ INFILTRATION AND LIGHT POLE DESIGN This portion of the project will include providing recommendations for possible use of infiltration for permeable pavement and design of the proposed light poles. This task will include drilling five borings to obtain soils and subsurface data for design. The proposed scope of work is provided below.  Prepare Site Exploration Plan, Traffic Control Plans and Street Use Application for Borings: We will prepare a site exploration work plan for drilling five borings along the alignment of the site. HWA will prepare appropriate traffic control plans (TCPs) and associated documentation for submittal with Right‐ of‐Way permits. We assume that the borings can be drilled in unpaved areas where shoulder closures are suitable for traffic control and no pavement or sidewalk coring is required. Drilling will be scheduled after the site exploration plan has been approved.  Conduct Borings for to Provide Infiltration and Light Pole Recommendations: HWA will perform our subsurface explorations for design of light pole foundations and provide soils for grain‐size testing to evaluate potential for infiltration. This program will consist of five (5) 20‐ft borings to be located near the locations of the light poles at the proposed roundabout and along the project alignment. Soil cuttings produced from these borings will be contained by the driller and disposed of off‐site. We estimate the borings to take 1.5 to two (2) days of work.  Provide Parameters for Design of Light Poles: We will provide design recommendations for the proposed light pole foundations. This will include average soil vertical and lateral bearing capacities for design assuming that non‐standard pole design will be needed.  Preliminary Screening of Infiltration Feasibility: HWA will provide a preliminary assessment of infiltration feasibility in support of the proposed permeable sidewalks to be constructed around the roundabout and along 11th Street. Infiltration potential analyses will involve select samples from borehole drilling to be used for infiltration‐specific laboratory testing. The infiltration potential assessment utilizing these lab results stems from the procedure described in the Department of Ecology's 2014 Stormwater Management Manual for Western Washington. Where infiltration is determined to be plausible for stormwater management, HWA will provide recommendations for potential implementation of infiltration and evaluate if further infiltration testing is needed to determine design infiltration parameters. If testing is considered feasible, organic content and Cation Exchange Capacity (CEC) will be performed on one sample from each boring. DELIVERABLES: Draft and Final Preliminary Geotechnical Engineering Reports. Skillings Connolly, Inc. Page 12 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements Assumptions  No explorations will be performed in the project area for retaining wall evaluation.  All explorations conducted through concrete or pavement will be patched with quick drying concrete or asphalt patch. No large saw cut patching will be required.  HWA will respond to one (1) round of comments on the draft geotechnical report.  All hours and items are estimated and may be increased or decreased within the limits of the budget at the discretion of HWA's project manager. The HWA project manager may also transfer funds allocated for direct costs to professional/technical hours, and vice‐versa, as he/she determines appropriate.  The scope of work is related solely to geotechnical engineering evaluation of site soil and ground water, as they relate to geotechnical design for the project improvements. Neither identification nor evaluation of contaminants that may be present in the soil or ground water is included in this scope of work.  Access to private property (if required) will be coordinated by the City.  Test pit explorations will disturb near surface soil and vegetation. HWA’s repair of disturbed areas is limited to backfilling of test pit explorations to match existing site grades.  Traffic loading data and design criteria for pavement design will be provided by the City.  Field work to be completed during off‐peak traffic times.  Traffic control to be provided by HWA.  No field work explorations will be completed until an approved APE (area of potential effects) documents has been provided by the Project Engineer. CONSULTANT will complete the following tasks in support of the geotechnical investigation task: Tasks: 1. CONSULTANT will review the geotechnical report and provide one set of comments. Task 70 – Environmental – Area of Potential Effects (APE) The Area of Potential Effects document will be completed and processed by the CONSULTANT. The area of potential effects (APE) will be the determined from the layout of the chosen design option. It defines the area where ground may be disturbed during construction; in this case right‐of‐way line to right‐ of‐way line plus any needed temporary construction easements areas. The APE and a Work Plan will be submitted to WSDOT Local Programs for their review and consultation with the Washington State Department of Archeological and Historic Preservation (DAHP). Approval of the APE and Work Plan will determine the area to be investigated under Section 106 of the National Historic Preservation Act for cultural resources. No ground penetrating efforts may be completed until the APE is approved, including Section 106 shovel probes or geotechnical borings. Assumptions:  The initial geometric layout completed under Task 130 will be sufficient to define the APE Skillings Connolly, Inc. Page 13 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements Tasks: 1. Submit APE to City for review prior to submittal to WSDOT. 2. Submit the APE to WSDOT Local Programs for consultation with DAHP 3. Provide sufficient documentation of how the APE was defined 4. Respond to WSDOT/DAHP questions Deliverables:  APE Review Memorandum Task 80 – Environmental – NHPA Section 106 Evaluation CONSULTANT will contract with Tierra Right‐of‐Way, subconsultant, to provide NHPA Section 106 evaluation services. Cultural Resources Assessment As there is federal funding for the project, this work would include the preparation of the Section 106 report in accordance with the published Department of Archaeology and Historic Preservation (DAHP) standards and guidelines, as well as those of the Secretary of the Interior. Tierra’s understanding is that the Area of Potential Effect (APE) does not extend beyond the current road and sidewalk boundaries, and that there are no anticipated impacts to the built environment. The APE is currently covered almost entirely by impervious surfaces (asphalt and sidewalk). Tierra shall accomplish the work to include the following subtasks: Background Research and Mobilization Tierra will conduct a check of records at the Department of Archaeology and Historic Preservation’s (DAHP) Washington Information System for Architectural and Archaeological Records Data (WISAARD) for information on previous projects and identified archaeological sites in the project area prior to any field activity. Other background information will be collected from ethnographic and historic accounts, previous regional cultural resource investigations, local historical societies and informants, maps, and photographs. Field mobilization efforts will be led by the Tierra Archaeologist and will include: 1) informal communication with appropriate tribes and 2) arranging utilities locate. The Suquamish, Skokomish, Port Gamble S'Klallam, Jamestown S’Klallam, Lower Elwah, and Tulalip Tribes will be contacted about the project to solicit any additional concerns about heritage resources and to inform them when field investigations will take place. This communication is a technical inquiry and does not constitute any formal consultation that may be needed. Utilities locate will be arranged by Tierra prior to archaeological field work. Archaeological Field Survey Archaeological field survey will be completed in one day by the Tierra Project Archaeologist and one field archaeologist, who will conduct a pedestrian survey of the project area. At the discretion of the Project Archaeologist up to 10 shovel probes will be excavated in accessible portions of the project area at roughly 50‐foot (30 meter) intervals, as feasible. As noted above, most of the project area is covered in impervious surfaces, so shovel testing may be limited. Spoils from the probes will be screened through ¼ inch mesh. Skillings Connolly, Inc. Page 14 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements Any artifacts will be described, photographed, returned to the probe of origin, and reburied. Notes about content and sediments encountered will be recorded on standard forms. All shovel probes will be recorded with a GPS. The survey will verify field conditions and identify historic properties. An important part of the fieldwork will be to document historic and modern disturbance and to document the specific locations of any newly discovered cultural resources. Architectural History Survey A preliminary review of the County Assessor website and the WISAARD database indicates that there are no historic structures within the APE, and that there are several structures more than 50 years old adjacent to the APE. However, no direct impacts are anticipated. A list of adjacent 50+ year old structures adjacent to the APE and general discussion of the built environment will be included in the report. Unless any direct or indirect impacts are identified, formal documentation and evaluation on HPI forms is not included in the scope of work. Analysis and Reporting The results of cultural subtasks will be presented in a report suitable for submission to DAHP, appropriate agencies, tribes, and other concerned parties. The report will include recommendations for ways to complete evaluation of any sites encountered and to avoid or minimize damage to any archaeological properties should they be encountered during fieldwork. Due to confidentiality requirements for archaeological site location, distribution of the report may be restricted. Due to the extensive asphalt cover in the project area, a recommendation of the report may include archaeological monitoring during construction. In that event, Tierra can prepare a project−speciﬁc monitoring and inadvertent discovery plan (MIDP) to guide monitoring activities and to provide steps to take should a discovery be made during construction. If recommended, monitoring plan preparation and construction monitoring will be addressed under a separate scope and budget. Cultural Assumption(s):  CITY will ensure access and rights of entry to the entire project area prior to field work and/or access for shovel testing, even on private property.  Built environment documentation and assessment, outside of the background review, is not included in the current scope of work.  No archaeological resources are known to be present within the project area. Discovery of an archaeological site during survey may require additional work beyond the present scope and budget to establish boundaries, evaluate significance, and arrive at appropriate assessments of adverse effects and treatment measures.  If at any time human remains are encountered, work will cease, and notification of affected parties will proceed as directed by RCW 27.44.  No field work explorations will be completed until an approved APE (area of potential effects) document has been provided by the Project Engineer. Cultural Deliverable(s):  Draft Report, 1 pdf version  Final Report, 1 pdf version CONSULTANT will complete the following tasks in support of the NHPA Section 106 evaluation task: Tasks: 1. CONSULTANT will review the Section 106 documents and provide comments if required. Skillings Connolly, Inc. Page 15 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements Task 90 – Project Information Support to City Environmental documentation for NEPA, SEPA, and Shoreline Substantial Development Applications will be completed by City of Bremerton. CONSULANT will provide support as noted to the City during their NEPA and SEPA permitting process. Assumptions:  The Task provides assistance to the City in support of the City’s preparation of the SEPA, NEPA, and Shoreline Permitting documentation. CONSULTANT assistance will be limited to providing project specific information derived from civil design services.  The City will complete the NEPA, SEPA, Shoreline Permitting and all required environmental permitting for the project. Section 106 Cultural Survey will be completed under Task 80. Tasks: CONSULTANT will provide project specific information derived from the civil design to the City. Deliverables: No deliverables required. Task 100 – Traffic Analysis/Modeling CONSULTANT will contract with TSI (Transportation Solutions, Inc), the SUBCONSULTANT, to provide traffic analysis, modeling, and geometric design services for the roundabout. This effort will include project management, intersection control evaluation, and geometric design support for the roundabout at 30, 60, and 90 percent design levels. TASK 1.0 PROJECT MANAGEMENT Project management will be on‐going during the course of the project. SUBCONSULTANT’s project manager will maintain regular communication with the CONSULTANT’s project manager. SUBCONSULTANT will monitor the project’s scope, schedule, and budget, will coordinate and communicate status reports, and other similar project management tasks. SUBCONSULTANT will provide monthly progress reports and invoices in accordance with the CONSULTANT’s and/or City of Bremerton procedures. SUBCONSULTANT will coordinate the first invoice so that the format is acceptable to the CONSULTANT and/or CITY. Each progress report and invoice package will include the SUBCONSULTANT invoice showing all labor and direct expenses included for the period, the monthly progress report, and full documentation of labor hours and direct expenses charged for the period. Project closeout will occur at the end the project. SUBCONSULTANT shall deliver all documents in agreed to electronic formats. SUBCONSULTANT shall prepare a final closeout progress report and final invoices. Quality control and quality assurance reviews will occur prior to submittal of major deliverables. This include Intersection Control Evaluation (ICE), 30% plan review, 60 % plan review, and 90% plan review. Assumptions • The invoice format for this project will be one that is acceptable to the City. • SUBCONSULTANT invoicing period starts on the 16th of the month and ends on the 15th of the following month. • Progress Report and Invoice packages will be prepared monthly. Skillings Connolly, Inc. Page 16 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements Deliverables • Monthly Progress Report and Invoice Packages • Periodic Project Schedule update as agreed to between the CITY and CONSULTANT TASK 2.0 INTERSECTION CONTROL EVALUATION SUBCONSULTANT will review existing traffic data for the project. SUBCONSULTANT will used the City’s travel demand model to forecast existing and future trips within the project. SUBCONSULTANT shall use roundabout operation analysis software, such as SIDRA, to evaluate current and future roundabout operations at the intersection of Washington Avenue and 11st Street. SUBCONSULTANT shall prepare an Intersection Control Evaluation (ICE) utilizing WSDOT’s forms, common practices, and engineering judgement. SUBCONULTANT shall prepare findings that recommend a year of opening geometric layout and ultimate geometric layout. Assumptions:  Traffic model data will rely of the City’s travel demand model and traffic operation model.  The City and WSDOT will review the ICE and SIDRA report and provide one set of comments. SUBCONSULTANT shall review agency comments and provide one final updated document to the agency. Deliverables: • SUBCONSULTANT shall provide all traffic data input and output used as part of this project to the CITY for CITY’s use. • SIDRA model report. • Intersection Control Evaluation Report. TASK 3.0 30% PLAN REVIEW SUBCONSULTANT shall review the 30% design layout prepared by the CONSULTANT for the following elements of the roundabout and prepare a memorandum of findings to be submitted to the CONSULTANT:  Geometric Design and WSDOT R‐values.  Traffic islands, curbs, mountable curbs, and traffic calming components  Location of proposed streetlighting  Roundabout related details Assumptions:  CONSULTANT shall provide pdf and AutoCAD files of 30% Design. Deliverables: • SUBCONSULTANT shall provide a memorandum of findings to the CONSULTANT. • SUBCONSULTANT will be available by phone to discuss the memorandum of findings. TASK 4.0 60% PLAN REVIEW SUBCONSULTANT shall review the 60% design layout prepared by the CONSULTANT for the following elements of the roundabout and prepare a memorandum of findings to be submitted to the CONSULTANT:  Geometric Design and WSDOT R‐values.  Traffic islands, curbs, mountable curbs, and traffic calming components  Location of proposed streetlighting  Roundabout related details Skillings Connolly, Inc. Page 17 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements Assumptions:  CONSULTANT shall provide pdf and AutoCAD files of 60% Design. Deliverables: • SUBCONSULTANT shall provide a memorandum of findings to the CONSULTANT. • SUBCONSULTANT will be available by phone to discuss the memorandum of findings. TASK 5.0 90% PLAN REVIEW SUBCONSULTANT shall review the 90% design layout prepared by the CONSULTANT for the following elements of the roundabout and prepare a memorandum of findings to be submitted to the CONSULTANT:  Geometric Design and WSDOT R‐values.  Traffic islands, curbs, mountable curbs, and traffic calming components  Location of proposed streetlighting  Roundabout related details Assumptions:  CONSULTANT shall provide pdf and AutoCAD files of 90% Design. Deliverables: • SUBCONSULTANT shall provide a memorandum of findings to the CONSULTANT.  SUBCONSULTANT shall provide geometric design and WSDOT R‐values, traffic islands, curbs, mountable curbs, and traffic calming components, location of proposed streetlighting, roundabout related details at the 30, 60, and 90 percent plan levels • SUBCONSULTANT will be available by phone to discuss the memorandum of findings. CONSULTANT will complete the following tasks in support of the traffic analysis and modeling task: Tasks: 1. CONSULTANT will provide coordination and review of the traffic analysis, modeling, and geometric layout of the roundabout. Task 110 –Utilities Coordination This task includes coordination with utility purveyors as listed below that will be affected by the proposed improvements. The known existing utilities along Washington and 11th include the following:  Puget Sound Energy  QWEST  Comcast  Cascade Natural Gas These utility purveyors have both above and below ground features installed within the project limits and are in potential conflict with the new improvements. This task provides for coordination with the existing utility companies to address removal and relocation of existing utilities that will be impacted by the project. Skillings Connolly, Inc. Page 18 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements Coordination is needed to ensure that the design is compatible with the utilities located within the roadway prism. Assumptions  The City will provide utility contact information for each utility.  All affected utilities are franchised with the City of Bremerton.  It will be determined during the 30% design phase if utility relocation/removals will be required.  The project manager and utility coordination discipline lead will attend one on site utility meeting with all 4 utility companies.  All other coordination will be by phone and email.  Utility companies will provide accurate As‐built Drawings via email as PDFs.  No undergrounding of existing above ground utilities is required for this project.  It is assumed that the only new power service required for this project will be to serve the street lighting. The City will complete and submit the service permits required by PSE to serve the street lighting system.  The City will obtain and provide all existing utility as‐builts from affected utility purveyors within the project limits. Tasks 1. Review As‐Builts provided by the city and enter information into project AutoCAD base map. 2. Attend one (1) site meeting with all four (4) utility companies. 3. Review utility location information with the Design discipline lead. 4. Contact utility companies to verify utility locations and depths. 5. Review the utility provided concept design and provide feedback to the design team on conflicts with utilities. 6. Verify schedule for relocations/removals with four (4) utility companies. 7. Provide Final Utility Coordination. Deliverables  Site visit agenda and meeting notes  Provide owner with plans from utility companies for any required utility removals/relocations. Task 120 – Geometric Layout Roundabout/Roadway Design This effort will include developing preliminary roadway/intersection geometric plans, channelization plans, and roadway cross‐sections based upon the traffic analysis mitigations for the project. This design will become the bases for the PS&E. Assumptions:  City will provide approval of the geometric layout prior to beginning the 30% design phase.  The intersection of the Manette Bridge and Washington will be a roundabout.  Proposed geometrics will generally follow improvements as outlined in the Grant Application submitted April 19th, 2018. Tasks: 1. Basis of Design Notebook: The CONSULTANT shall prepare a draft Basis of Design Notebook summarizing key design elements and decisions for the roundabout design at the intersection of Skillings Connolly, Inc. Page 19 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements the Manette Bridge and Washington Street and the roadway improvements along Washington and 11th. 2. Develop Geometric Layout Plans: The CONSULTANT shall prepare plans including the geometric layout of the project hard improvements with proposed pavement marking and general roadway cross sections. TSI will provide design support for preparation of the roundabout geometrics (under Task 40). It is assumed that four plan sheets will be prepared. 3. Truck Turning Analysis: The CONSULTANT will coordinate with the City to establish the design vehicle for all movements at the roundabout location. Auto Turn design software will be utilized to complete preliminary truck turning analysis. 4. Pedestrian/Bike Improvements: The CONSULTANT will evaluate pedestrian and bicycle routes and develop concepts for tie‐in locations to adjacent facilities. Preliminary evaluation will be made to determine if ADA compliance challenges exist along pedestrian routes. 5. Submit Geometric Layouts to City for Review: The CONSULTANT will submit the geometric layouts to the City for review via electronic submittal. 6. Address City Comments: The CONSULTANT will address city comments and update the geometric layout plans. It is assumed that initial comments will be received at the meeting with one follow up set of comments delivered to CONSULTANT. Effort includes assumption of time to address comments. Deliverables:  Draft Basis of Design Notebook.  One (1) half size plans and one (1) electronic set Geometric Layout plans (4 sheets) to City for review. Task 130 – 30% PS&E This effort will include preparation of 30% design level plans building upon the geometric design layouts completed under Task 130. Evaluation of pedestrian access, ADA compliance, and driveway access will be completed will additional accuracy. Preliminary design will include evaluation of the storm drainage needs to include a preliminary layout. Illumination layouts will be completed with basic lighting design. Task will include preparation of a preliminary cost estimate with contingency and a project specification outline. Grading efforts will include preliminary centerline vertical profiles and grading checks for tie‐in to existing ground at project limits, fine grading will not be completed under this task. Assumptions:  CONSULTANT will maintain a design diary documenting approaches, problems, decisions, and actions. Diary will be maintained continuously throughout the project.  The quantity calculations notebook will be preliminary and will not be sufficient for the final construction cost estimate.  Preliminary Engineer’s Estimate of Probable Costs to Construct will be prepared using WSDOT Unit Bid Price format.  Construction details will not be completed at the 30% level.  Stormwater design requirements will follow the 2012 (as amended in December 2014) edition of the Stormwater Management Manual for Western Washington (SWMMWW).  Runoff treatment shall consist of emerging technology that has received General Use Level Designation (GULD) through the Department of Ecology’s Technology Assessment Protocol – Ecology (TAPE). Skillings Connolly, Inc. Page 20 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements  Flow control and quantitative downstream analysis will not be required.  Treatment modelling will use WWHM2012, conveyance calculations will use Autodesk SSA 2018 and Bentley FlowMaster.  Existing sewer and water mains can remain in place and accommodate the new roadway improvements  No contaminated soil or groundwater is anticipated at the site. Tasks: 1. Site visit to verify topographic survey and coordination with survey SUBCONSULTANT to address any concerns. 2. Update Basis of Design Notebook. 3. Prepare preliminary stormwater/water quality design: a. Determine project limits and assess threshold discharge areas (TDA). b. Determine area totals for existing pervious and impervious areas, new and replaced surfaces. c. Assess applicability of overall Minimum Requirements and individual thresholds for LID, water quality, and flow control. d. Select and implement preliminary design of BMPs for LID, water quality, and flow control. e. Determine design storm for conveyance calculations and sizing. f. Document findings in preliminary stormwater technical memo. g. Prepare design markups for preliminary stormwater plans. 4. Assess details of pedestrian access routes, ADA compliance, and driveway access locations. 5. Design preliminary illumination. 6. Prepare preliminary plans as noted below. 7. Prepare preliminary Quantities Notebook. 8. Prepare 30% Engineer’s Estimate of Probable Cost to Construct. 9. Prepare outline of project specifications and special provisions. 10. Coordinate preparation of Right‐of‐Way Plans under Task 40. 11. Assess potential Right‐of‐Way impacts. Assume preparation of preliminary Right of Way exhibits (2 exhibits for 2 properties). 12. Provide internal QA and QC and project coordination. 13. SUBCONSULTANT TSI will provide services under Task 100 and comments to be addressed. 14. Plan Submittal: The CONSULTANT will submit the following anticipated plan sheets: Plan Sheet 30% Submittal 100% Submittal Cover with Vicinity Map and Index 1 1 Construction Notes 1 Horizontal Control Plan 1 1 Right‐of‐Way Plan (completed under Task 40) 1 TESC Plans & Details 7 Demolition Plans 5 Plan and Profile Sheets 5 5 Roadway Sections 2 Roadway Details 2 Roundabout Design Layout 1 1 Roundabout Curb Return Profiles 2 Roundabout Grading Plan 2 1 Crosswalk/Splitter Island Details 2 Skillings Connolly, Inc. Page 21 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements Plan Sheet 30% Submittal 100% Submittal Roundabout Details 2 Stormwater Plan and Profile Sheets 5 5 Structure Notes Sheet 1 Stormwater Details 1 Miscellaneous Details 2 Illumination Plans 1 2 Illumination Details 1 Signing Plans 3 3 Signing Specifications 1 Signing Details 1 Pavement Marking Plan 3 3 Pavement Marking Details 1 Temporary Traffic Control Plans 5 Traffic Control Detour Plan 2 Deliverables:  Draft Basis of Design Notebook.  Outline of project specifications and special provisions  Preliminary Stormwater Technical Memo  One (1) half size plans and one (1) electronic set of 30% PS&E to CITY for review.  Preliminary Engineer’s Estimate of Probable Cost to Construct  Exhibits showing required Right‐of‐Way and construction easement required to construct the project. Assumes as 2 exhibits.  Updated Project Schedule Task 140 – 60% PS&E This effort will include addressing CITY 30% comments and advancing PS&E to a 60% level of design. Assumptions:  CITY has reviewed the preliminary layout and have provided direction to the CONSULTANT.  CITY will provide one set of consolidated comments for the 30% PS&E.  CONSULTANT will maintain a design diary documenting approaches, problems, decisions, and actions. Diary will be maintained continuously throughout the project.  The quantity calculations notebook will be preliminary and will not be sufficient for the final construction cost estimate.  Engineer’s Estimate of Probable Costs to Construct will be prepared using WSDOT Unit Bid Price format.  Special provisions will be prepared utilizing WSDOT specifications format.  Stormwater design will be per the Department of Ecology’s Stormwater Manual for Western Washington and BIMC. The geotechnical report has been completed in Draft form.  Special provisions will be prepared utilizing WSDOT specification format.  CITY will provide their “boiler plate” format for bid package. Skillings Connolly, Inc. Page 22 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements  If traffic barrier is required along the 200‐foot section on the north side of 11th, it is assumed that standard WSDOT guardrail or concrete barrier can be installed. No structural design will be required for the traffic barrier.  The construction SWPPP will be completed by the selected Contractor. No SWPPP preparation is included in this scope of work and fee. Tasks: 1. Phone conference with City to discuss 30% PS&E comments. 2. Incorporate 30% PS&E comments. 3. Prepare draft stormwater drainage report: a. Incorporate findings from preliminary stormwater design technical memo. b. Prepare Draft Maintenance Plan. 4. Complete lighting design utilizing AGI 32 lighting design software. 5. Complete guardrail/traffic barrier length of need analysis for a 200‐foot section along the north side of 11th. Determine traffic barrier requirements. 6. Prepare 60% design level plans as noted below. 7. Update Quantities Notebook. 8. Prepare 60% Engineer’s Estimate of Probable Costs to Construct. 9. Prepare Draft GSPs and Draft Special Provisions. 10. Update Basis of Design Notebook. 11. Final coordination of Right‐of‐Way plans completed under Task 40. 12. Update Right of Way exhibits (2 exhibits for two properties). 13. Provide internal QA and QC and project coordination. 14. SUBCONSULTANT TSI will provide services per Task 100 and comments will be addressed. 15. Plan Submittal: The CONSULTANT will meet with City at the Public Works Department and submit the following anticipated plan sheets: Plan Sheet 60% Submittal 100% Submittal Cover with Vicinity Map and Index 1 1 Construction Notes 1 Horizontal Control Plan 1 1 Right‐of‐Way Plan (completed under Task 40) 1 1 TESC Plans & Details 7 7 Demolition Plans 5 5 Plan and Profile Sheets 5 5 Roadway Sections 2 2 Roadway Details 2 Roundabout Design Layout 1 1 Roundabout Curb Return Profiles 2 Roundabout Grading Plan 2 1 Crosswalk/Splitter Island Details 2 Roundabout Details 2 Stormwater Plan and Profile Sheets 5 5 Structure Notes Sheet 1 1 Stormwater Details 1 1 Miscellaneous Details 2 Illumination Plans 2 2 Skillings Connolly, Inc. Page 23 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements Plan Sheet 60% Submittal 100% Submittal Illumination Details 1 Signing Plans 3 3 Signing Specifications 1 Signing Details 1 Pavement Marking Plan 3 3 Pavement Marking Details 1 1 Temporary Traffic Control Plans 5 5 Traffic Control Detour Plan 2 2 Deliverables:  Updated Basis of Design Notebook.  Project Manual Outline – Front in documents  Draft project specifications, amendments, and special provisions  Draft Stormwater Report  Draft Maintenance Plan  60% Engineer’s Estimate of Probable Cost to Construct  One (1) half size plans and one (1) electronic set of 60% PS&E to CITY for review.  Right‐of‐Way and/or Construction Easement plan sheets  Draft General Stormwater Construction Permit coverage application  Draft Quantity calculation notebook  Updated Right‐of‐Way and/or Construction Easement exhibits.  Updated Project Schedule Task 150 – 90% PS&E This effort will include addressing CITY 60% comments and advancing PS&E to a 90% level of design. Assumptions:  CITY has reviewed the 60% PS&E and have provided direction to the CONSULTANT.  CITY will provide one set of consolidated comments for the 60% PS&E.  CONSULTANT will maintain a design diary documenting approaches, problems, decisions, and actions. Diary will be maintained continuously throughout the project.  The quantity calculations notebook will be preliminary and will not be sufficient for the final construction cost estimate.  Engineer’s Estimate of Probable Costs to Construct will be prepared using WSDOT Unit Bid Price format.  Special provisions will be prepared utilizing WSDOT specifications format.  Draft Contract Bid Package to contain placeholder items. Depending on when the project is advertised for construction, the documents may require updating to include the latest information just prior to advertising.  Contractor will apply and submit for the Notice of Intent (NOI) for coverage under Construction Stormwater General Permit (CSWGP) via Ecology’s NOI process using the on‐line application portal. Tasks: 1. Phone conference with the City to discuss 60% PS&E and comments. Skillings Connolly, Inc. Page 24 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements 2. Incorporate 60% PS&E comments. 3. Prepare final stormwater drainage report: a. Update stormwater drainage report to include changes made for the 90% PS&E. b. Prepare Final Maintenance Plan. 4. Prepare 90% level of plans. 5. Update Quantities Notebook. 6. Prepare 90% Engineer’s Estimate of Probable Costs to Construct. 7. Prepare Draft Contract Bid Package: a. Front end documents, draft invitation to bid, proposal sheets. b. Required Federal‐aid documents. c. GSPs and Special Provisions. d. State and Federal prevailing wage documents. 8. Complete Basis of Design Notebook. 9. Provide internal QA and QC and project coordination. 10. SUBCONSULTANT TSI will provide services per Task 100 and comments will be addressed. 11. Plan Submittal: The CONSULTANT will submit the following anticipated plan sheets: Plan Sheet 90% Submittal 100% Submittal Cover with Vicinity Map and Index 1 1 Construction Notes 1 1 Horizontal Control Plan 1 1 Right‐of‐Way Plan (Completed under Task 40) 1 1 TESC Plans & Details 7 7 Demolition Plans 5 5 Plan and Profile Sheets 5 5 Roadway Sections 2 2 Roadway Details 2 2 Roundabout Design Layout 1 1 Roundabout Curb Return Profiles 2 2 Roundabout Grading Plan 1 1 Crosswalk/Splitter Island Details 2 2 Roundabout Details 2 2 Stormwater Plan and Profile Sheets 5 5 Structure Notes Sheet 1 1 Stormwater Details 1 1 Miscellaneous Details 2 2 Illumination Plans 2 2 Illumination Details 1 1 Signing Plans 3 3 Signing Specifications 1 1 Signing Details 1 1 Pavement Marking Plan 3 3 Pavement Marking Details 1 1 Temporary Traffic Control Plans 5 5 Traffic Control Detour Plan 2 2 Skillings Connolly, Inc. Page 25 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements Deliverables:  Final Basis of Design Memo  Final Project Manual – including project specifications, amendments, and special provisions.  Final Stormwater Report  Final Maintenance Plan  Complete General Stormwater Construction Permit coverage application  One (1) half size plans and one (1) electronic set of 90% PS&E to CITY for review.  Final Quantity calculation notebook  Draft Contract Bid Package  Updated Project Schedule. Task 160– Final Plans, Specifications, and Estimate (100% PS&E) This effort will include addressing CITY 90% comments and advancing PS&E to a 100% level of design. Assumptions:  CITY has reviewed the 90% PS&E and have provided direction to the CONSULTANT.  CITY will provide one set of consolidated comments for the 90% PS&E.  ROW lines will be delineated on the construction drawings.  Plan sheets anticipated for 100% are shown under Task 170 (60% PS&E).  CONSULTANT will supply the bid proposal form for the bid package.  CONSULTANT will provide only one update to any portion of the 100% PS&E package after the initial submittal of the 100% PS&E to the CITY.  The City will submit the PS&E package to WSDOT Local Programs and coordinate to answer questions and obtain review comments. WSDOT review comments will be provided to CONSULTANT by the CITY.  An Engineer’s Estimate for the Probable Cost to Construct will be prepared that lists all of the project bid items, showing contract item number, unit of measurement, estimated unit price, estimated quantity, and total estimated cost for each. o The total project cost will be shown on this estimate. o This estimate will be used as the basis of review for the lowest responsive responsible bidder. Tasks: 1. Phone conference with City to discuss 90% PS&E and comments. 2. Incorporate 90% PS&E comments. 3. Prepare 100% plans. 4. Update Quantities Notebook. 5. Prepare 100% Engineer’s Estimate of Probable Costs to Construct. 6. Complete Final Basis of Design Notebook. 7. Submit package to CITY for their review and approval as necessary: a. 100% PS&E 8. Review CITY and WSDOT comments on 100% PS&E and coordinate. 9. Revise plans and specifications up to one time in response to WSDOT review comments. 10. Make minor adjustments to Bid Package (revised 100% PS&E) as reviewed by the CITY up to one time. 11. Prepare Final Design Documentation files. 12. Provide QA/QC and project coordination Skillings Connolly, Inc. Page 26 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements 13. CONSULTANT will submit the final PS&E package to the City. Deliverables:  Final Basis of Design Notebook  Final and signed Project Manual  Final and signed Stormwater Report  Final SWPPP  Final and signed 100% PS&E o One (1) half size plans and one (1) electronic set of 100% PS&E to CITY for review. o One (1) half size plans and one (1) electronic set of 100% PS&E to WSDOT for review. o All documents will be submitted as pdf’s, Cad Files, Word Files (.docx), and Estimate in Excel.  Complete General Stormwater Construction Permit coverage application  Environmental Commitment file  Final Quantity calculation notebook  Project Schedule Task 170 – Right of Way Assistance CONSULTANT will contract with Tierra Right‐of‐Way, subconsultant, to provide Right‐of‐Way assistance to address two separate parcels for the project. SCOPE OF WORK – RIGHT OF WAY Skillings Connolly has requested that Tierra Right of Way, Ltd. (Tierra) provide a scope of work and budget to acquire the real estate interests for the City of Bremerton, Manette Bridge Roundabout (Project). This scope and budget will be limited to two partial acquisitions per the direction of the City until right of way plans are prepared and the alignment defined more accurately. Our budget includes, but is not limited to, the following tasks:  PROJECT KICKOFF ‐ Tierra’s Project Manager and/or Lead Senior Right of Way Agent (Tierra) to attend kick off meeting with the CITY and CONSULTANT to obtain further project background and discuss the approach or options for each property owner and tour the project site. Tierra will use WSDOT LAC FHWA approved templates which are located at http://www.wsdot.wa.gov/LocalPrograms/ROWServices/LPA‐forms.htm. Other project meetings to be scheduled as needed.  TITLE – Tierra will order the necessary title commitment(s), which are necessary to confirm ownerships before offers and negotiations are conducted and prior to recording any conveyance documents. Tierra will conduct initial review of such report to assess future complications at closing and potential conflicts from utility encumbrances, etc., that may pose obstacles or delays to the acquisition closing process. This information will be shared with the City in the form of a summary/synopses and Tierra will work with the escrow company to resolve any further action necessary.  APPRAISAL – R.F. Duncan & Associates, will prepare a PFE and two Administrative Waivers (AOS) in accordance with the City’s approved Right of Way Acquisition procedures. Tierra to review prior to submitting to the City for concurrence.  NEGOTIATIONS – Tierra agents will perform and oversee property negotiations for two parcels. The offer will be presented in person if possible. An out‐of‐area owner will be contacted by telephone and by certified mail. Skillings Connolly, Inc. Page 27 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements o Tierra will: ▪ Evaluate the Appraisal/AOS(s), parcel map(s), title report(s) and prepare each file electronically and physically. ▪ Prepare one offer package of each parcel for City review and upon approval promptly present offer to purchase the required real property interests. ▪ Offer package to include: offer letter, copy of the Appraisal/AOS, conveyance instruments, exhibits and other related acquisition documents using WSDOT/City approved forms. o Offer Presentation: Tierra will contact the property owner and meet the owner in person to present to discuss the project. After the offer is presented to each property owner, Tierra will attempt to make three “in‐ person” meetings with a property owner and five follow up conversations, which will be via email or phone conversation, to complete negotiations. o Administrative Settlement: when negotiation amounts exceed the just compensation amount, if necessary and properly supported, Tierra will make recommendations for administrative settlements. Subject to City approval, Tierra will attempt to secure administrative settlements with property owners to avoid the condemnation process. o Prepare file for closing. o Preparing and maintaining diaries. o Preparing and providing status updates bi‐weekly or per the request of the City. o Upon receipt of signed conveyance documents, Tierra will forward the documents to the City. o Agent QA files for submittal to Project Manager.  PROJECT MANAGEMENT o Tierra to report acquisition status bi‐weekly. o Provide project management in coordination with City staff. o Monitor project budget and schedule. o Maintain a physical hardcopy file for each parcel for submittal to the City upon completion. QC of files will be performed prior to submittal to the City at completion. Tierra ROW Deliverables:  Attend project kickoff meeting at City office.  Tierra work with the title/escrow Company to obtain release documentation from the encumbrance(s) of public record that are not acceptable to provide clear title to the property being acquired.  Review project funding estimate and appraisal waivers  Prepare two acquisition files for negotiations, utilizing WSDOT approved forms.  Provide up to three attempts in person and five follow up conversations via email or telephone. General acquisition/negotiation communications with owner.  Attend conference calls or meetings with the City as needed  Complete, QA/QC parcel files, including necessary records of all ROW Acquisition services  Provide status reports Bi‐weekly or as requested City will provide Tierra with the following prior to the commencement of any activities:  Any contact information for the property owners and occupants.  Any prior history of conversations or interactions with owners/occupants.  Purpose of project.  The City will decide which encumbrances need to be cleared. This may involve a Skillings Connolly, Inc. Page 28 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements discussion of risk as related to existing Deeds of Trust and/or other monetary encumbrances.  Right of Way Plan sheets.  Legal description and parcel map exhibits.  Provide the conveyance document and the pertinent details for said documents the City prefers to use.  Provide the project schedule. The ROW deliverable hours and cost provided contain the following assumptions:  All mileage expenses will be invoiced to the Client at the IRS established rate on the day the expense was incurred. We have provided an estimate in our Cost Proposal of mileage anticipated to be utilized during the Project. Actual mileage may be more or less than what is estimated herein.  A maximum of three documented attempts in person and a maximum of five additional attempts will be over the telephone, via email, and/or mail to successfully acquire each parcel.  Whenever possible, owners residing locally will be presented their offers in person. Tierra will mail offers to owners located outside of a 50‐mile radius from the project area.  There are no more than two principal owners of any parcel and that both are geographically located very near to each other.  Any delay in project design or design changes will delay Tierra's project schedule.  Any changes in plans that impact the acquisition area after appraisal has commenced will result in a price increase and a delay in the project schedule.  If any additional parcels or work is required that is not identified in this scope of work, an amendment would be required.  No relocation services are required.  The price does not include escrow or recording fees, survey, the development of legal descriptions, or exhibits. Those items and fees will be provided by others and separately contracted for.  These services will be provided in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (the Uniform Act) (49 CFR Part 24) as well as the statutes found in Chapter RCW 8.26. and Washington State law, specifically Chapter 8.26 of the Revised Code of Washington (RCW). CONSULTANT will complete the following tasks in support of the right‐of‐way assistance task: Tasks: 1. CONSULTANT will provide coordination and review of the right of way assistance task. END SCOPE OF WORK Additional Services that will be scoped by the CONSULTANT if requested by the CITY. These services will be negotiated separately as a supplement to this Agreement.  Additional Right‐of‐Way Assistance efforts dependent upon final improvements limits.  Bidding Support Services.  Construction Support Services including inspections. Skillings Connolly, Inc. Page 29 of 29 Project No. 19149 City of Bremerton Washington & 11th Improvements Exhibit B DBE Participation Agreement Number: Exhibit B - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 UDBE Inclusion Plan Page 1 of 2 October 25, 2019 UDBE INCLUSION PLAN CITY OF BREMERTON WASHINGTON & 11TH IMPROVEMENTS PROJECT CITY PROJECT NO. 315026 Prime Consultant Name: Skillings Connolly, Inc. Submittal Date: October 25, 2019 Contract Voluntary UBE goal: UDBE Participation 9% UDBE: HWA GeoSciences, Inc. 1 Alliance Geometrics 1. CITY PROJECT NO. 315026 2. Statement of Commitment Skillings Connolly, Inc. (Skillings) is committed to following Federal Highway Administration’s (FHWA) UDBE participation requirements and ensuring Skillings, at a minimum, meets said requirements and implement business practices that promote and help sustain small business growth. 3. Mission Statement Skillings strives to ensure small business enterprises are given the maximum opportunity to participate in FHWA construction projects. We accomplish this by following our normal business practices of community outreach, mentoring, and subcontracting when needed. 4. UDBE Plan Implementation: Skillings is owned by Thomas E. Skillings, PE (President) and Laura L. Skillings (Chief Financial Officer), who ensure that the practices and reporting address FHWA’s requirements. 5. UDBE Methodology: Skillings adheres to the following company practices: a. We determine UDBE opportunities are made available at all levels of work. b. We personally invite UDBE’s to attend pre‐bid meetings and walk‐throughs applicable to the project. c. We identify specific scopes of work, schedules, and budgets. d. We broaden our base of subcontractors by building and maintain relationships with UDBEs for current and future projects, and occasionally subcontracting opportunities to UDBEs for which our firm would normally self‐perform. 6. Staff Training: Skillings provides the following training procedures in respect to UDBEs: a. We communicate our UDBE policies and procedures to all relevant staff. UDBE Inclusion Plan Page 2 of 2 October 25, 2019 b. Our management team monitors and supports each UDBE as necessary, as to who may need this training and on which topics. 7. Prompt Payment: Skillings process for monitoring and ensuring prompt payment to subconsultants is based on payment from Client to Skillings, a condition precedent for payment by Skillings to subconsultant. Unless otherwise required by law, payment for approved invoice amounts will be made by Skillings to Subconsultant within 10‐days of receipt by Skillings of payment from Client. 8. Conflict/Dispute Resolution Thomas E. Skillings, PE (President) and Patrick E. Skillings, PMP (Vice President) are responsible for the prompt resolution if a dispute arises. We will work in good faith to settle or compromise all disputes, controversies, or differences which arise or relate to this project agreement by means of amicable meetings and discussions. 9. Maximize UDBE Participation Skillings will carefully review all project solicitations and determine the maximum of UDBEs, if any, who can be invited on the project team. UDBEs will be personally contacted and requested to provide firm data which will be delivered using either email, fax, or direct phone calls. Skillings has assigned staff to review the subconsultant qualification process. 10. Identified UDBE UDBE Firm Name Agreement Amount HWA GeoSciences, Inc. $51,692 1 Alliance Geomatics Surveying & Mapping $98,773 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I. Surveying, Roadway Design & Plans Preparation Section A. Survey Data B. Roadway Design Files C. Computer Aided Drafting Files Agreement Number: Exhibit C - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 4 D. Specify the Agency’s Right to Review Product with the Consultant E. Specify the Electronic Deliverables to Be Provided to the Agency F. Specify What Agency Furnished Services and Information Is to Be Provided Agreement Number: Exhibit C - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 2 of 4 II. Any Other Electronic Files to Be Provided III. Methods to Electronically Exchange Data Exhibit C - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 3 of 4 A. Agency Software Suite B. Electronic Messaging System C. File Transfers Format Exhibit C - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 4 of 4 Exhibit D Prime Consultant Cost Computations Agreement Number: Exhibit D - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 PROJECT NO. 19149 CITY OF BREMERTON WASHINGTON & 11TH IMPROVEMENTS CITY PROJECT NO. 315026 TASK #TASK DESCRIPTION 10 PROJECT MANAGEMENT 1 Prepare Project Management Plan.1 6 1 2 Prepare and maintain Project Work Plan with two‐week lookaheads.20 3 Develop a Project Schedule for the completion of the one hundred percent (100%) PS&E and provide up to four (4) updates. Schedule to include critical path and milestones. 12 2 4 Schedule, prepare for, and take part in bi‐weekly phone communications with the CITY. Estimated at 40 phone meetings. 18 8 5 In addition to weekly phone meetings, the Consultant will attend face‐to‐face meetings with City staff to address complex design or coordination issues. Estimated at five (5) face‐to‐face meetings to be held at the City of Bremerton Public Works Department. 20 12 6 Provide in‐house team coordination and work plan meetings.830 30 15 7 Management Subconsultants.6 24 4 8 Prepare monthly billings with progress reports and include monthly billings with progress reports and include monthly Earned Value reports. 11 22 20 KICK‐OFF MEETING 1Project kick‐off meeting and site visit 4 4 30 PUBLIC OUTREACH/INVOLVEMENT 1 Coordination phone calls with City, estimated at three (3) calls.22 2 Attend two (2) public outreach events (two Consultant staff).10 10 3 Prepare open‐house display materials for two (2) public outreach events. Materials to include:22 a Conceptual improvement plan views ‐ 2 display boards.2 8 5 bThree (3) cross section renderings ‐ 1 display board.2 16 5 c One (1) 3D rendering of the roundabout improvements ‐ 1 display board.2245 d One (1) 3D rendering of the 11th roadway improvements ‐ 1 display board.2245 eRoll Plot of project for Citizen input and markup.1 2 4 Update public meeting drawings noted as items a, b, c, d, and e above with current design for 2nd public meeting. 24 12 2 40 SURVEYING AND MAPPING 1 Consultant will provide coordination and review services of the topographic survey. 24 50 UTILITY POTHOLING 1Consultant will mark out pothole locations 1 4 2Consultant will review the written field reports.1 4 60 GEOTECHNICAL INVESTIGATIONS 1Consultant will review the draft geotechnical report.1 4 70 ENVIRONMENTAL ‐ AREA OF POTENTIAL EFFECTS (APE) 1 Submit APE to City for review to submittal to WSDOT.1 1 4 2 Submit the APE to WSDOT Local Programs for consultation with DAHP.12 3 Provide sufficient documentation of how the APE was defined.26 4 Respond to WSDOT/DAHP questions.1 4 80 ENVIRONMENTAL ‐ NHPA SECTION 106 EVALUATION 1Consultant will review the Section 106 documents.2 4 90 PROJECT INFORMATION SUPPORT TO CITY 1 CONSULTANT will provide project specific information derived from the civil design to the City.13 100 TRAFFIC ANALYSIS/MODELING FEDERAL AID NO. STPUL‐9918(017)PRINCIPAL‐IN‐CHARGEPROJECT MANAGERPROJECT ENGINEERSR ENVIRONMENTAL SCIENTISTSTAFF SCIENTISTTECHNICIANCOMMUNICATIONS MANAGERCOMMUNICATIONS SPECIALISTPROJECT ADMINISTRATOR PROJECT NO. 19149 CITY OF BREMERTON WASHINGTON & 11TH IMPROVEMENTS CITY PROJECT NO. 315026 TASK #TASK DESCRIPTION FEDERAL AID NO. STPUL‐9918(017)PRINCIPAL‐IN‐CHARGEPROJECT MANAGERPROJECT ENGINEERSR ENVIRONMENTAL SCIENTISTSTAFF SCIENTISTTECHNICIANCOMMUNICATIONS MANAGERCOMMUNICATIONS SPECIALISTPROJECT ADMINISTRATOR1 Consultant will provide coordination and review of the traffic analysis, modeling, and geometric layout of the roundabout. 24 110 UTILITIES COORDINATION 1 Review As‐Builts and enter information into project AutoCAD base map.412 2 Attend one (1) site meeting with all four (4) utility companies.56 3 Review utility location information with the Design discipline lead.14 4 Contact utility companies to verify utility locations and depths.8 5 Review the utility provided concept design and provide feedback to the design team on conflicts with utilities.48 6 Verify schedule for relocations/removals with four (4) utility companies.4 7Provide Final Utility Coordination.2 16 120 GEOMETRIC LAYOUT ROUNDABOUT/ROADWAY DESIGN 1 Set up a Draft Basis of Design Notebook summarizing key design elements and decisions for the roundabout design at the intersection of the Manette Bridge & Washington St and the roadway improvements along Washington and 11th. 28 2 Prepare conceptual plans including the geometric layout of the project hard improvements with proposed pavement marking and general roadway cross sections. TSI will provide design support under Task 40 for the roundabout geometrics. 4 plan sheets. 840 32 3 Coordinate with the City to establish the design vehicle for all movements at the roundabout location. Auto Turn design software will be utilized to evaluate preliminary truck turning paths. 18 4 The CONSULTANT will evaluate pedestrian and bicycle routes and develop concepts for tie‐in locations to adjacent facilities. Preliminary evaluation will be made to determine if ADA compliance challenges exist along pedestrian routes. 18 8 5 Submit geometric layouts to the City for review. 11 6 The CONSULTANT will address city comments and update the geometric layout plans. It is assumed that initial comments will be received at the meeting with one follow up set of comments delivered to CONSULTANT. Effort includes assumption of time to address comments. 210 16 130 30% PS&E 1 1.Site visit to verify topographic survey and coordination with survey SUBCONSULTANT to address any concerns. 8 2 Update Basis of Design Notebook. 14 3 Prepare preliminary stormwater/water quality design: a Determine project limits and assess threshold discharge areas (TDA).22 b Determine area totals for existing pervious and impervious areas, new and replaced surfaces.42 c Assess applicability of overall Minimum Requirements and individual thresholds for LID, water quality, and flow control. 4 PROJECT NO. 19149 CITY OF BREMERTON WASHINGTON & 11TH IMPROVEMENTS CITY PROJECT NO. 315026 TASK #TASK DESCRIPTION FEDERAL AID NO. STPUL‐9918(017)PRINCIPAL‐IN‐CHARGEPROJECT MANAGERPROJECT ENGINEERSR ENVIRONMENTAL SCIENTISTSTAFF SCIENTISTTECHNICIANCOMMUNICATIONS MANAGERCOMMUNICATIONS SPECIALISTPROJECT ADMINISTRATORd Select and implement preliminary design of BMPs for LID, water quality, and flow control.4 e Determine design storm for conveyance calculations and sizing.1 f Document findings in preliminary stormwater technical memo.212 4 g Prepare design markups for preliminary stormwater layouts 28 4 Assess details of pedestrian access routes, ADA compliance, and driveway access locations.28 2 5Design preliminary illumination.2 8 6 Prepare preliminary plans.10 40 70 7 Prepare preliminary Quantities Notebook.4 8 Prepare 30% Engineer's Estimate of Probable Cost to Construct.28 9 Prepare outline of project specifications and special provisions.18 10 Coordinate preparation of Right‐of‐Way Plans under Task 40 4 11 Assess potential Right‐of‐Way impacts. Assume preparation of preliminary Right of Way exhibits (2 exhibits for 2 properties). 14 8 12 Provide internal QA/QC and project coordination.2 8 8 13 TSI will provide a peer review of plans (under Task 100) and address comments.44 14 Submit plan sheets to Client for review.2 4 1 140 60% PS&E 1 Phone conference with City to discuss 30% comments.1 1 2 Incorporate 30% PS&E comments.4 16 24 3 Prepare draft stormwater drainage report: a Incorporate findings from preliminary stormwater design technical memo.216 8 b Prepare Draft Maintenance Plan.1 8 4 Complete lighting design utilizing AGI 32 lighting design software.28 5 Complete guardrail/traffic barrier length of need analysis for a 200‐foot section along the northside of 11th. Determine traffic barrier requirements. 14 6 Prepare 60% level plans.16 122 230 7 Update Quantities Notebook.1 8 8 Prepare 60% Engineer's Estimate of Probable Costs to Construct.18 9 Prepare Draft GSPs and Draft Special Provisions.2 16 10 Update Basis Design Notebook.2 4 11 Final coordination of Right‐of‐Way Plans under Task 40 4 12 Update Right of Way and Construction Easement exhibits (2 Exhibits)12 4 13 Provide internal QA/QC and project coordination.2 8 16 14 TSI will provide a peer review of plans (under Task 100) address comments 44 15 Meet with City at the Public Works Department and submit 60% plans.55 1 1 150 90% PS&E 1 Phone conference with City to discuss 60% comments.1 1 2 Incorporate 60% PS&E comments.4 16 32 3 Prepare final stormwater drainage report: a Update stormwater drainage report to include changes made for the 90% PS&E.216 8 b Prepare Final Maintenance Plan.1 4 4 Prepare 90% level of plans.20 118 209 PROJECT NO. 19149 CITY OF BREMERTON WASHINGTON & 11TH IMPROVEMENTS CITY PROJECT NO. 315026 TASK #TASK DESCRIPTION FEDERAL AID NO. STPUL‐9918(017)PRINCIPAL‐IN‐CHARGEPROJECT MANAGERPROJECT ENGINEERSR ENVIRONMENTAL SCIENTISTSTAFF SCIENTISTTECHNICIANCOMMUNICATIONS MANAGERCOMMUNICATIONS SPECIALISTPROJECT ADMINISTRATOR5 Update Quantities Notebook. 1 8 6 Update 90% Engineer's Estimate of Probable Costs to Construct.28 7 Prepare Draft Contract Bid Package: a Front end documents, draft invitation to bid, proposal sheets.48 b Required Federal‐aid documents. 4 cGSPs and Special Provisions. 4 30 d State and Federal prevailing wage documents. 4 8Complete Basis of Design Notebook. 2 4 9Provide internal QA/QC and project coordination. 2 8 20 10 TSI will provide a peer review of plans (under Task 100) and address comments.14 4 11 Submit 90% plans to City.2 2 1 1 160 FINAL PLANS, SPECIFICATIONS, AND ESTIMATE (100% PS&E) 1 Phone conference with City to discuss 90% PS&E and comments.11 2 Incorporate 90% PS&E comments.4 8 16 3 Prepare 100% plans.16 32 40 4 Update Quantities Notebook.1 2 5 Prepare 100% Engineer's Estimate of Probable Costs to Construct.14 6Complete Basis of Design Notebook.1 2 7 Submit package to City for their review and approval as necessary:12 1 1 a 100% PS&E. 8 Review City and WSDOT comments on 100% PS&E and coordinate.24 9 Revise plans and specifications up to one time in response to WSDOT review comments.28 8 10 Make minor adjustments to Bid Package (revised 100% PS&E) as reviewed by the City up to one time.28 8 11 Prepare Final Design Documentation files.1 4 2 12 Provide internal QA/QC and project coordination.2 6 8 13 Consultant will submit the final PS&E to the City 1 2 1 1 170 RIGHT OF WAY ASSISTANCE 1Consultant coordination and review.3 4 HOURS PER DISCIPLINE 23 386 940 4 20 850 14 22 34 Classification Man Hours x Rate =Cost PRINCIPAL‐IN‐CHARGE 23 x $217.88 =$5,011.19 PROJECT MANAGER 386 x $178.45 =$68,882.53 PROJECT ENGINEER 940 x $110.67 =$104,027.92 SR ENVIRONMENTAL SCIENTIST 4 x $110.67 =$442.67 STAFF SCIENTIST 20 x $83.00 =$1,660.02 TECHNICIAN 850 x $99.60 =$84,661.02 COMMUNICATIONS MANAGER 14 x $186.22 =$2,607.08 COMMUNICATIONS SPECIALIST 22 x $138.34 =$3,043.37 PROJECT ADMINISTRATOR 34 x $107.90 =$3,668.64 Total Hours =2293 Total NHR =$274,004.44 REIMBURSABLES: Mileage 1,900 x $0.580 =$1,102.00 Miscellaneous Expenses $1,100.00 x 0%=$1,100.00 SUB TOTAL Reimbursables = $2,202.00 SUBCONSULTANT COST (See Exhibit E): HWA GeoSciences, Inc.$51,692.00 x 0%=$51,692.00 APS, Inc.$11,879.00 x 0%=$11,879.00 Tierra Right of Way $15,677.30 x 0%=$15,677.30 Tierra Section 106 $9,127.00 x 0%=$9,127.00 1Alliance $98,773.00 x 0%=$98,773.00 TSI $43,016.01 x 0%=$43,016.01 SUB TOTAL Subconsultants = $230,164.31 MANAGEMENT RESERVE FUND SUB TOTAL $506,370.75 x 0%=$23,629.25 GRAND TOTAL =$530,000.00 PREPARED BY:DATE:10/22/2019 REVIEWED BY:Ian Lee, PE DATE:10/22/2019 Bill Lindauer, PE NEGOTIATED HOURLY RATE (NHR): GRAND TOTAL Item Description Basis Quantity Rate Total 1 Telephone Month $0.00 2 Auto Rental Each $0.00 3 Lodging Day $0.00 4 Per Diem‐Meal Day $0.00 5 Photo Copies ‐ Blk & White Each $0.10 $0.00 6 Photo Copies ‐ Color Each $0.35 $0.00 7 Half Sized Prints Each $0.50 $0.00 8 Full Sized Prints Each $6.00 $0.00 9 Postage Month $0.00 10 Shipping Month $0.00 11 FAXs Each $0.00 12 Reimbursable Expenses Esimated $1,100.00 $1,100.00 13 Miscellaneous Survey Costs Estimated $0.00 14 Traffic Control Estimated $0.00 $1,100.00 Mileage Per Mile 1900 0.580 $1,102.00 $2,202.00 1 Telephone Estimated 2 Auto Rental Estimated trips 3 Mileage Estimated miles 4 Lodging 5 Per Diem‐Meal 6 Photo Copies ‐ Blk & White Estimated 7 Photo Copies ‐ Colored Estimated 8 Half Sized Prints 9 Full Sized Prints 10 Postage Estimated 11 Shipping Estimated 12 FAXs Estimated 13 Miscellaneous Project Costs Estimated 14 Miscellaneous Survey Costs Estimated 15 Purchase Order Estimated Prepared by: Bill Lindauer, PE October 30, 2019 Total Reimbursables (shipping, copies, ect.) Expenses Total Expenses Assumptions Acceptance ICR Audit Office Review June 26, 2019 Skillings Connolly, Inc. 5016 Lacey Blvd SE Lacey, WA 98503 Subject: Acceptance FYE 2018 ICR – Audit Office Review Dear Alysa Cushman: Transmitted herewith is the WSDOT Audit Office’s memo of “Acceptance” of your firm’s FYE 2018 Indirect Cost Rate (ICR) of 146.67% of direct labor (rate includes 0.27% Facilities Capital Cost of Money). This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Overhead NTE* Fixed Fee NTE146.67% 30.00%PRINCIPAL-IN-CHARGE$78.75 $115.50 $23.63$217.88SENIOR PROJECT MANAGER$73.75 $108.17 $22.13$204.04PROJECT MANAGER$72.25 $105.97 $21.68$199.89SENIOR PROJECT ENGINEER$64.50$94.60 $19.35$178.45PROJECT ENGINEER$64.50$94.60 $19.35$178.45ENGINEER$51.00$74.80 $15.30$141.10ENVIRONMENTAL MANAGER$72.25 $105.97 $21.68$199.89SENIOR PROJECT SCIENTIST$40.00$58.67 $12.00$110.67PROJECT SCIENTIST$34.00$49.87 $10.20$94.07STAFF SCIENTIST$30.00$44.00$9.00$83.00STRUCTURAL ENGINEER$44.00$64.53 $13.20$121.73TRAFFIC ENGINEERING MANAGER$0.00$0.00$0.00$0.00TRAFFIC ENGINEER - II$39.00$57.20 $11.70$107.90TECHNICIAN$51.00$74.80 $15.30$141.10ENGINEERING INTERN$22.00$32.27$6.60$60.87COMMUNICATIONS MANAGER$67.30$98.71 $20.19$186.20COMMUNICATIONS SPECIALIST$50.00$73.34 $15.00$138.34RIGHT OF WAY NEGOTIATOR$42.00$61.60$0.00$103.60SURVEY MANAGER$55.00$80.67$0.00$135.67SURVEYOR$34.00$49.87$0.00$83.87INSPECTOR$51.00$74.80$0.00$125.80PROJECT ADMINISTRATOR$39.00$57.20$0.00$96.20ADMINISTRATIVE ASSISTANT$37.50$55.00$0.00$92.50Job ClassificationsDirect Labor Rate NTE*All Inclusive Hourly Billng Rate NTEActuals Not To Exceed Table (ANTE)SKILLINGS CONNOLLY, INC.5016 LACEY BLVD. SELACEY, WA 98503CITY OF BREMERTON Exhibit E Sub-consultant Cost Computations There isn’t any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. Agreement Number: Exhibit E - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 19-185 19-185 bb/evb Bremerton 11th Skillings Connolly City of Bremerton TASK 1 SURVEY AND MAPPING Principal Surveyor Project Manager PLS Assist PM CADD 5 CADD 4 CADD 3 Tech 5 Tech 4 Tech 3 Tech 2 Tech 1 Admin Hours Labor Dollars Task DSC Rate 91.00$ 64.00$ 48.00$ 46.50$ 44.33$ -$ 34.00$ 44.33$ -$ 34.00$ -$ -$ 46.50$ 1.1. Survey PM, Admin, QA/QC 2 20 8 8 8 4 50 2,759$ 1.2. Survey Control 1 4 8 16 30 30 89 3,790$ 1.3. Field Surveying and Mapping 1 2 70 70 143 5,702$ 1.4. Utility Surveying Services 1 2 30 30 63 2,569$ 1.5. Office Processing 1 2 8 136 147 6,632$ 1.6. Right-of-Way, Parcels, and (2) Exhibits 2 24 112 138 7,094$ 1.7 ROW Plan 2 4 24 8 38 1,945$ - -$ 10 58 160 8 168 0 0 130 0 130 0 0 4 668 Total Dollars 910.00$ 3,712.00$ 7,680.00$ 372.00$ 7,447.44$ -$ -$ 5,762.90$ -$ 4,420.00$ -$ -$ 186.00$ - 30,490$ - Direct Salary Cost 30,490$ Overhead Cost 157.22%47,937$ Fee (*DSC)30%9,147$ 87,574$ Mileage 1600 0.58 928$ 4,270.25$ *estimated Materials -$ 2,400$ *estimated -$ 3,600$ *estimated APS ODC's (Other Direct Costs)-$ Non-Invoiced (mileage; repro; etc.)Mile/repro 928.00$ 928$ -$ Invoiced (sub-c; rental; etc.)TBD 10,270.25$ 10,270$ 98,773$ Cost + FF (DSC) Pricing Proposal City of Bremerton, Washington and 11th Improvements Skillings Connelly Total Labor Contract Total OtherSUB TOTAL SUB TOTAL ODC BREAKDOWN INVOICED Traffic Control UG Utility Locates Ferry 3D LS/iStar/Cyclone repro computer other NON-INVOICED Project Cost Estimate HWA Ref: 2019-P149-21 Bremerton Roundabout at Washington and Manette with Improvements on 11th Street Date: 21-Oct-19 Geotechnical Engineering Services Bremerton, Washington Prepared By: JLG/AO PROPOSED WORK SCOPE: See Scope Document (October 21, 2019 Scope of Work) ESTIMATED HWA LABOR: Principal IX Geotechnical Engineer VI Geotechnical Engineer II Geologist III Controlle r/Admin CAD TOTAL DESCRIPTION $280.00 $225.00 $130.00 $120.00 $120.00 $125.00 HOURS AMOUNT Geotechnical and Pavement Evaluation and Reporting 2 56 28 80 5 2 173 $27,250 Project Setup 2 1 3 $570 Compile and Review Existing Information 2 4 6 $970 Site Reconnaissance and Mark Utility Locates 6 10 16 $2,550 Prepare Site Exploration Work Plans, Traffic Control Plans and Submit Street Use Applications 4 8 12 $1,480 Conduct FWD, Coring, and Handholes for Pavement Subgrade Assessment (8 cores and HH)50 50 $6,000 Prepare Summary Logs, Photographic Core Logs, and Assign Lab Testing 4 8 12 $1,860 Pavement Assessment and Design 10 10 $2,250 Prepare Draft Preliminary Geotechnical and Pavement Design Report 8 8 4 2 22 $3,570 Finalize Preliminary Geotechnical Report 2 4 6 $970 HWA Internal QA/QC for Geotechnical and Pavement Tasks 2 4 6 $1,460 Attend Kickoff and Design Meetings (4 total)10 8 18 $3,290 Task Coordination and Management 8 4 12 $2,280 Optional: Infiltration and Light Pole Design 0 4 6 22 0 0 32 $4,320 Prepare Site Exploration Work Plans, Traffic Control Plans and Submit Street Use Applications for Borings 2 6 8 $1,170 Conduct Borings to Provide Infiltration and Light Pole Recommendations (5 borings)2 16 18 $2,370 Provide Parameters for Design of Light Poles 6 6 $720 Preliminary Screening of Infiltration Feasibility (based on grain-size method)2 6 8 $1,230 TOTAL LABOR:2 61 34 105 5 2 209 $32,155 LABORATORY TESTING ESTIMATE:DIRECT EXPENSES Tests for Geotechnical Borings Est. No.Unit Test Total Mileage @ 0.58/mile; 7 visits @180 miles $731 Tests Cost Cost FWD Rental @ $250/hr $1,000 Natural Moisture Content 25 $22 $550 Cores (8 cores at $50 per core)$400 Grain Size Analysis (Combined)10 $250 $2,500 TOTAL DIRECT EXPENSES:$2,131 Organic Content 5 $70 $350 Cation Exchange Capacity 5 $100 $500 SUBCONTRACTORS: Total:$3,900 Traffic Control (FWD and Coring)$4,000 Markup (10%)$444 TOTAL SUBCONTRACTORS:$4,444 ESTIMATED PROJECT TOTALS AND SUMMARY: $27,250 $2,131 $4,444 ESTIMATED PROJECT TOTAL:$33,825 OPTIONAL TASKS: INFILTRATION & LIGHT POLES DIRECT EXPENSES: FOR OPTIONAL TASKS Mileage @ 0.58/mile; 3 visits @180 miles $313 Laboratory Testing (for Infiltration-Optional)$3,900 TOTAL DIRECT EXPENSES:$4,213 SUBCONTRACTORS: (OPTIONAL TASKS) Traffic Control (Borings - Shoulder Closure)$1,000 Drilling Subcontractor for Borings $7,500 Markup (10%)$833 TOTAL SUBCONTRACTORS:$9,333 ESTIMATED PROJECT TOTALS FOR OPTIONAL TASKS: Total Labor Cost $4,320 Direct Expenses $4,213 Subcontractors $9,333 ESTIMATED TOTAL (OPTIONAL TASKS)$17,867 Assumed Conditions:GRAND TOTAL ALL TASKS:$51,692 1. All costs are estimated, and may be increased or decreased within the limits of the total budget at the discretion of HWA's project manager. 2. No Street Use Permits/ROW Use fees will be required. 3. Hot Mix Asphalt (HMA) patching will not be required at pavement core locations. If HMA patching is required, a supplemental budget will be necessary. 4. Borings, pavement coring, and FWD testing will be performed during the daytime (additonal expenses may be incurred for night work). 5. Borings can be drilled at edge of sidewalk such that only a shoulder closure will be needed and coring through pavement/sidewalks will not be required. 6. The scope of work is related solely to geotechnical engineering evaluation of site soil and ground water, as they relate to geotechnical design for the project improvements. Neither identification nor evaluation of contaminants that may be present in the soil or ground water is included in this scope of work. Direct Expenses TOTAL Total Labor Cost Subcontractors 2019 PERSONNEL & HOURLY BILLING RATES Budget 1 of 1 HWA GeoSciences Inc. 4 CONSULTANT FEE DETERMINATION ‐ SUMMARY OF PROJECT COSTS Tierra Right of Way Services, Ltd. City of Bremerton, Manette Bridge Labor Classification Hours Direct Salary OH Fixed Fee Total Total Amount Project Management & Acquisition services for 2 parcels only Direct Rate 124.47% 30.00% Billing Rate Division Manager 1 $ 62.69 $ 78.03 $ 18.81 $ 159.53 $ 159.53 ROW Division Manager 7.00 $ 52.88 $ 65.82 $ 15.86 $ 134.56 $ 941.95 Project Manager 10.00 $ 43.26 $ 53.85 $ 12.98 $ 110.08 $ 1,100.84 Senior Right of Way Agent 90.00 $ 38.50 $ 47.92 $ 11.55 $ 97.97 $ 8,817.39 Administrative Assistant 5.00 $ 19.50 $ 24.27 $ 5.85 $ 49.62 $ 248.11 Right of Way Technician 0.00 $ 25.00 $ 31.12 $ 7.50 $ 63.62 $ ‐ $ 11,267.80 Direct Reimbursables 6 trips Travel (Mileage): 700 Miles $ 0.585 $ 409.50 Travel (Lodging:) ‐ Night $ ‐ $ ‐ Travel (Meals:) ‐ Daily $ ‐ $ ‐ Postage Total $ ‐ Toll ‐ Each trip $ ‐ $ ‐ Reproduction ‐ 8.5" x 11" ‐ Pages $ ‐ $ ‐ Reproduction ‐ 11" x 17" Total $ ‐ $ ‐ Reproduction ‐ 24" x 36" ‐ Sheets $ ‐ $ ‐ Direct Reimbursables Subtotal: $ 409.50 Subcontracted Services Appraisal Services Appraisal Services ‐ $ ‐ $ 3,000.00 Title Services 2 $ 500.00 $ 1,000.00 Subcontracted Work Subtotal: $ 4,000.00 Total Maximum Amount Payable $ 15,677.30 Task Order Total Maximum ‐ Rounded $ 15,677.30 8 Bremerton 11th and Washington Avenue Tierra Right of Way ‐ HOURLY ESTIMATE WORK ELEMENT PM PI Project Archaeologi st Crew Chief Field tech Editor GIS Analyst TOTAL HOURS TOTAL Amount (Direct) Hushour Schultze Parvey Klem Schumache r Murray D'Elia Direct Labor Rate $40.86 $34.13 $30.00 $27.50 $26.00 $31.00 $19.00 TASK 1: Cultural Survey 1.1 PM, Tribal, Agency coordination 10 2 12 1.2 Background Review 4 16 2 22 1.3 Preliminary historic property inventory 10 10 1.4 Field survey 1 1 10 10 2 24 1.5 Report Writing 1 8 32 8 4 53 GRAND TOTAL HOURS 12 15 0 68 10 8 8 121 $3,532.27 Total direct $490.32 $511.95 $0.00 $1,870.00 $260.00 $248.00 $152.00 Direct Labor Sub‐total Cost $3,532 $0 Direct Labor Total Cost $3,532 Overhead Cost 124.47% $4,397 Direct Salary Plus Overhead $7,929 Fee at 30.00% $1,060 Total Labor Cost $8,989 Direct Expenses: Mileage (150 @0.585) $88 $87.75 Trimble $50 $50.00 Total Direct Expenses $138 Total Estimate $9,127 Transportation Solutions, Inc ‐ Scope and Fee City of Bremerton Washington Avenue and 11th Street Impr. Project Page 4 of 5 CITY OF BREMERTON Washington Avenue and 11th Street Improvement Project 10/18/2019 INTERSECTION IMPROVEMENTS Transportation Solutions Inc - Fee Schedule ENGR VIII ENGR VII ENGR V ENGR V SR. TECH Planner I Admin V VS JE ALB MM PM JS JB Victor Jeff Andrew Michelle Phil Jennifer Jill Salemann Elekes Bratlien Mach McDonald Salemann Berberich 74.50 68.50 54.00 56.00 52.50 32.50 37.50 DSC 108.17 99.46 78.40 81.31 76.22 47.19 54.45 ICR 145.19% 22.35 20.55 16.20 16.80 15.75 9.75 11.25 FEE 30.00% Bill Rate -----> 205.02$ 188.51$ 148.60$ 154.11$ 144.47$ 89.44$ 103.20$ Anticipate Work Elements Task(s)Task Hours Task Cost PROJECT MANAGEMENT 44 0 0 0 0 0 22 66 11,291.05$ Coordination 24 6 Monthly Progress Reports and Invoices 12 12 Quality Control/Quality Assurance Review 8 Project Closeout 4 INTERSECTION CONTROL EVALUATION 14 0 60 48 0 16 0 138 20,614.48$ Data Collection 24 Prepare Intersection Control Evaluation 432 16 Evaluate Current and Future Roundabout Operations 2816 Recommend Year of Opening Geometric Layout 2816 Recommend Ultimate Geometric Layout 4816 30% PLAN REVIEW 9 0 0 18 0 0 0 27 4,619.06$ Review Geometics 48 Review Islands and Curbs 24 Review Illumination 1 Review Detials 12 Peer Review Memo 14 60% PLAN REVIEW 6 0 0 12 0 0 0 18 3,079.38$ Review Geometics 24 Review Islands and Curbs 11 Review Illumination 11 Review Detials 12 Peer Review Memo 14 90% PLAN REVIEW 5 0 0 9 0 0 0 14 2,412.04$ Review Geometics 12 Review Islands and Curbs 11 Review Illumination 11 Review Detials 11 Peer Review Memo 14 CORE TASKS Labor Estimate 78 0 60 87 0 16 22 263 42,016.01$ Expense Estimate 6 trips @ 60 miles/tripor ferry costs Travel 0 miles 0.545 $/mile -$ Traffic Counts 1 1000 $1,000.00$ Display Boards 0 each 100 $/ea -$ Expenses 1,000.00$ Grand Total 43,016.01$ APPLIED PROFESSIONAL SERVICES, INC SERVICE PROVIDED COST / UNIT EST. HRS/UNITS TOTAL COST AIR VACUUM POTHOLING (portal-to-portal nights)285.00$ 18 5,130.00$ PROJECT COORDINATION 100.00$ 6 600.00$ FLAGGING & TC (plus 5%)185.00$ 18 3,496.50$ POLICE FLAGGING (plus 5%)125.00$ 10 1,312.50$ SOIL DISPOSAL (per-hole)10.00$ 9 90.00$ PERMITTING FEES 1,250.00$ 1 1,250.00$ TOTAL PROJECT ESTIMATE 11,879.00$ Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: 1. 2. 3. 4. 5. 6. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the “REGULATIONS”), which are herein incorporated by reference and made a part of this AGREEMENT. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT’s obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non-compliance: In the event of the CONSULTANT’s non-compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination, or suspension of this AGREEMENT, in whole or in part. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number: Exhibit F - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit G - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Exhibit G - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 03/29/2019 Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Certification of ___City of Bremerton____________________________ Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Agreement Number: Page 1 of 1 Exhibit G - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of whose address is and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Page 1 of 1 Exhibit G - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Exhibit G-1(b) Certification of I hereby certify that I am the: Other of the , and or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. 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([KLELW * &HUWL¿FDWH RI &XUUHQW &RVW RU 3ULFLQJ 'DWD 7KLV LV WR FHUWLI\ WKDW WR WKH EHVW RI P\ NQRZOHGJH DQG EHOLHI WKH FRVW RU SULFLQJ GDWD DV GH¿QHG LQ VHFWLRQ RI WKH )HGHUDO$FTXLVLWLRQ 5HJXODWLRQ )$5 DQG UHTXLUHG XQGHU )$5 VXEVHFWLRQ VXEPLWWHG HLWKHU DFWXDOO\ RU E\ VSHFL¿F LGHQWL¿FDWLRQ LQ ZULWLQJ WR WKH &RQWUDFWLQJ 2I¿FHU RU WR WKH &RQWUDFWLQJ 2I¿FHU¶V UHSUHVHQWDWLYH LQ VXSSRUW RI * DUH DFFXUDWH FRPSOHWH DQG FXUUHQW **as of 7KLV FHUWL¿FDWLRQ LQFOXGHV WKH FRVW RU SULFLQJ GDWD VXSSRUWLQJ DQ\ DGYDQFH$*5((0(17¶V DQG IRUZDUG SULFLQJ UDWH$*5((0(17¶V EHWZHHQ WKH RIIHU RU DQG WKH *RYHUQPHQW WKDW DUH SDUW RI WKH SURSRVDO Firm: Signature Title Date of Execution***: *,GHQWLI\ WKH SURSRVDO TXRWDWLRQ UHTXHVW IRU SULFLQJ DGMXVWPHQW RU RWKHU VXEPLVVLRQ LQYROYHG JLYLQJ WKH DSSURSULDWH LGHQWLI\LQJ QXPEHU HJ SURMHFW WLWOH ,QVHUW WKH GD\ PRQWK DQG \HDU ZKHQ SULFH QHJRWLDWLRQV ZHUH FRQFOXGHG DQG SULFH$*5((0(17 ZDV UHDFKHG ,QVHUW WKH GD\ PRQWK DQG \HDU RI VLJQLQJ ZKLFK VKRXOG EH DV FORVH DV SUDFWLFDEOH WR WKH GDWH ZKHQ WKH SULFH QHJRWLDWLRQV ZHUH FRQFOXGHG DQG WKH FRQWUDFW SULFH ZDV DJUHHG WR Agreement Number: Page 1 of 1 Exhibit */RFDO$JHQF\3URIHVVLRQDO6HUYLFHV&RVW3OXV)L[HG)HH&RQVXOWDQW$JUHHPHQW5HYLVHG Washington & 11th Improvements Project October 25, 2019. Skillings Connolly, Inc. November 20, 2019 Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ . Such insurance coverage shall be evidenced by one of the following methods: •Certificate of Insurance. •Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ . •Include all costs, fee increase, premiums. •This cost shall not be billed against an FHWA funded project. •For final contracts, include this exhibit. Agreement Number: Exhibit H - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 1 Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant’s agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit I - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: Exhibit I - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency’s project manager. The consultant’s claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency’s project manager. The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures. Agreement Number: Exhibit J - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s) If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency’s summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant’s claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: Exhibit J - Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 08/15/2019 Page 2 of 2 Washington & 11th Improvements •Complete Street Reconstruction from West End of Manette Bridge to Pacific Avenue •Roundabout at the West End of the Manette Bridge •ADA Compliant sidewalk on both sides of 11th Street north of the roundabout to eliminate gaps in the sidewalk system •Bike Lanes on both sides of 11th Street between the roundabout and Pacific Avenue •Completes a link in the Bridge to Bridge Trail – completes connection between Evergreen Park and Lions Park Scope •Design December 2019 –Fall 2021 •Construction Spring/Summer 2022 Schedule •$5 Million for Design and Construction •86.5% Grant Funded with 13.5% Match from the City •$530,000 Design Contract •$458,450 Grant Funding •$71,550 City Funding Funding AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Dates: October 23, 2019 Ordinance No. 5381 amending and re- establishing City Rates & Fees for 2020 November 13, 2019 COUNCIL MEETING Date: November 20, 2019 Departments: All Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: Each year, as part of the budget process, the various City departments review their charges, rates and fees for services and make recommendations on any changes needed. The attached included recommended changes to fees charged by the various departments. ATTACHMENTS: 1. Ordinance No. 5381 and 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): Impacts to revenues are dependent on the demand for services. The 2020 proposed budget does anticipate the approval of the ordinance and related rate tables. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5381 amending and re-establishing City Rates and Fees for 2020. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6B Page 1 of 2 2020 Rates & Fees ORDINANCE NO. 5381 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending and reestablishing rates and fees for services established in Ordinance No. 5357 relating to Animal Control, Bremerton Kitsap Access Television (“BKAT”), Department of Community Development, Department of Financial Services, Fire Department, Gold Mountain Golf Course, Ivy Green Cemetery, Kitsap Conference Center, Municipal Court, Parking, Parks and Recreation Department, Police Department, Public Records, Department of Public Works and Utilities, Tax & License, Telecommunications and other related services. WHEREAS, the City Council, by this ordinance, desires to amend and reestablish the rates and fees established in Ordinance No. 5357; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Rate Tables Amended and Reestablished. The rates and fees relating to Animal Control, Bremerton Kitsap Access Television (“BKAT”), Department of Community Development, Department of Financial Services, Fire Department, Gold Mountain Golf Course, Ivy Green Cemetery, Kitsap Conference Center, Municipal Court, Parking, Parks and Recreation Department, Police Department, Public Records, Department of Public Works and Utilities, Tax & License, and Telecommunications, and other related services, as set forth in Exhibit A of Ordinance No. 5357, are hereby amended and reestablished in their entirety as set forth in the attached Exhibit A of this ordinance, said exhibit is incorporated herein by this reference. SECTION 2. Rate Tables - Effective Date. The amendment and reestablishment of rate tables as set forth in Section 1 above shall be effective January 1, 2020. SECTION 3. 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 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. Page 2 of 2 2020 Rates & Fees PASSED by the City Council the___________ day of November, 2019. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of November, 2019. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2019. EFFECTIVE the ________ day of ______________________, 2019. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Legal\2020 Rates and Fees Ordinance.docx 2019 RATES & FEES2020 RATES & FEES City of Bremerton Ordinance No. 53815357 TABLE OF CONTENTS Rate Table Page ANIMAL CONTROL ........................................................................................... 1 BREMERTON KITSAP ACCESS TELEVISION (BKAT) ............................................. 2 DEPARTMENT OF COMMUNITY DEVELOPMENT .............................................. 43 DEPARTMENT OF FINANCIAL SERVICES ............................................................ 1211 FIRE DEPARTMENT ........................................................................................... 1312 GOLD MOUNTAIN GOLF COURSE ..................................................................... 1514 IVY GREEN CEMETERY ...................................................................................... 1615 KITSAP CONFERENCE CENTER .......................................................................... 1716 MUNICIPAL COURT .......................................................................................... 1817 PARKING .......................................................................................................... 1918 PARKS & RECREATION DEPARTMENT ............................................................... 20 POLICE DEPARTMENT ...................................................................................... 25 PUBLIC RECORDS ............................................................................................. 26 DEPARTMENT OF PUBLIC WORKS & UTILITIES ................................................. 27 TAX & LICENSE ................................................................................................. 28 TELECOMMUNICATIONS .................................................................................. 29 202019 Rates & Fees 1 | P a g e TABLE A ANIMAL CONTROL FEES 1. Licenses for Dogs and Cats a) For Each Cat Spayed or Neutered (Upon Proof of Spaying or Neutering)  Annual $7.50  Lifetime $25.00 b) For Each Dog Spayed or Neutered (Upon Proof of Spaying or Neutering)  Annual $12.50  Lifetime $45.00 c) For Each Cat Not Spayed or Neutered $37.50 d) For Each Dog Not Spayed or Neutered $37.50 e) Senior Citizen Permanent Dog/Cat $12.50 f) Replacement Tag $1.00 g) Additional License Fee (for late renewal) $10.00 2. License for Chickens a) Annually up to five (5) chickens $12.50 b) Senior permanent for up to five (5) chickens $12.50 3. Impound and Redemption Fees - Domestic Animals a) Impound $45.00 b) Vaccination $45.00 c) Boarding (per day) $20.00 d) Medical care Case dependent e) Microchip $30.00 4. Impound and Redemption Fees - Livestock a) Impound $60.00 b) Boarding (per day) $40.00 c) Medical care Case dependent d) Special Transportation fee $120.00 2 | P a g e TABLE B BREMERTON KITSAP ACCESS TELEVISION (BKAT) 1. PRE-PRODUCTION a) Equipment Consultation $100105.00/ hour b) Program Development $100105.00/hour c) Research $100105.00/hour d) Location $100105.00/hour e) Scripting $100105.00/hour f) Graphics Development $100105.00/hour 2. PRODUCTION* a) Set-up $100105.00/hour b) Production $100105.00/hour c) Breakdown $100105.00/hour *minimum of 2 hours for any productions 3. POST PRODUCTION a) Edit $100105.00/hour b) Voice Over $100105.00/hour 4. TRAINING a) Studio - 3 hours of camera and director training – max 4 people $100.00No Charge b) Edit – First 3 hours of Apple Final Cut No Charge Additional 5 hours of Apple Final Cut $50.00 5. MISCELLANEOUS a) Equipment Installation $100/hour b) Equipment Troubleshooting and Repair $100/hour c)a) DVD Duplication (includes tax) $35.84 b) Studio rental for non-members -with all equipment (must be certified with crew training- min 2 hours) $25 /hour $105/hour BKAT Staff as crew Additional $105/hour 6. MEMBERSHIP (ANNUAL) a) Individual Resident (within Kitsap County) $25.00 b) Individual Non-Resident $50.00 c) Organization – Resident (within Kitsap County) $75.00 d) Organization – Non-Resident $150.00 7. PUBLIC SERVICE ANNOUNCEMENT BKAT will produce a PSA with or without voiceover. The public service announcement will air on BKAT for a minimum of two weeks. Client receives a digital copy for their own purposes. $100.00105.00/hour 202019 Rates & Fees 3 | P a g e TABLE C DEPARTMENT OF COMMUNITY DEVELOPMENT 1. CODE ENFORCEMENT a) ABATEMENTS  Dangerous Building $900 + Direct Service and Supply Cost  Garbage & Weed $640 + Direct Service and Supply Cost b) ABANDONED PROPERTY FINES & PENALTIES  Failure to Register $1,000 + $100 per day  Failure to Inspect, Maintain, and/or Secure $1,000 + $100 per day c) RENTAL PROPERTY REGISTRATION FINES & PENALTIES  Failure to Register and File a Declaration of Compliance as Required $1,000 + $100 per day  Failure to Obtain a Certificate of Inspection When Required $1,000 + $100 per day 2. PLANNING a) SUBDIVISIONS  Preliminary Short $1000 + $150/lot  Preliminary Formal Plat/Binding Site Plan $2500 (base) + per lot  1-100 lots $150/lot  101-200 lots $100/lot  201 + lots $75/lot  Final Short $630 + $40/lot  Final Formal Plat/Binding Site Plan $945 + 40/lot  Minor Amendment $630 (no lot fee)  Extension $630 (no lot fee) b) SHORELINE MASTER PROGRAM  Substantial Development Permit $1300  Conditional Use Permit – Type II $850  Conditional Use Permit – Type III $1750  Shoreline Variance $1750  Permit Revision $325  Shoreline Exemption $100 c) STATE ENVIRONMENTAL POLICY ACT (SEPA)  Checklist $320  Environmental Impact Statement Review/Adoption $650 + additional cost of expertise 4 | P a g e d) PRE-APPLICATION CONFERENCE $100 e) ZONING ORDINANCE  Ordinance Amendments  Text $740  Rezone (Map Amendment) $740  Variance  Administrative $325  Public Hearing/Single Family $500  Public Hearing/Other $1750  Development Agreements $1600  Conditional Use Permit  Single Family Residential Type II $350  Single Family Residential Type III $500  Commercial / Non-Residential / Multifamily – Type II $850  Commercial / Non-Residential / Multifamily – Type III $1750  Non-Conforming Use Determination $275  Director’s Code Interpretation $175 f) COMPREHENSIVE PLAN  Text or Map Amendment $1500  Combined Text and Map Amendment $2500 g) MULTIFAMILY TAX EXEMPTION  Application $1500 h) DESIGN REVIEW BOARD  Conceptual Design Conference $500  Design Response Conference $500 i) CRITICAL AREA REVIEW Hourly Rate (Dangerous trees, tree removal in sloped area, etc.) j) FORESTRY Hourly Rate Conversion Harvest Option Plan 3. MISCELLANEOUS FEES a) APPEAL (to Hearing Examiner) $350 b) Hourly Rate $73.00 c) Technology Surcharge on Permits 5% of Permit Fee (Permit Surcharge Levied on Fees Noted with *) d) Third-Party Technical Review and Verification Actual Cost (Geotechnical Evaluation, Habitat Review, Structural Engineering Review, Etc.) 202019 Rates & Fees 5 | P a g e 4. SITE DEVELOPMENT a) SITE PLAN REVIEW  Commercial / Non-Residential / Multifamily – Type II $1,000 b) SITE DEVELOPMENT PERMIT* $1,000 c) GRADING PERMIT AND PLAN REVIEW FEES* Refer to Exhibit 4 5. BUILDING a) CERTIFICATE OF OCCUPANCY $73.00 b) BUILDING PERMIT FEES* Refer to Exhibit 1 c) BUILDING PLAN REVIEW FEE 65% of the building permit fee as set forth in Exhibit 1 d) ESTABLISHED “BASIC” PLAN REVIEW 50% of Plan Review Fee Pursuant to DCD policy e) BUILDING PERMIT FEE FOR REROOF* $100 f) MECHANICAL PERMIT FEES*  Residential Refer to Exhibit 2  Commercial / Non-Residential / Multifamily Valuation and Refer to Exhibit 1 g) PLUMBING PERMIT FEES*  Residential Refer to Exhibit 3  Commercial / Non-Residential / Multifamily Valuation and Refer to Exhibit 1 h) Stop Work Fee 100% of permit fee 6 | P a g e EXHIBIT 1 BUILDING AND OTHER PERMIT FEES TOTAL VALUATION1 FEE $1.00 TO $500.00 $35.00 $501.00 TO $2,000.00 $35.00 for the first $500.00 plus $3.00 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $40,000 $80.00 for the first $2,000.00 plus $11.00 for each additional $1,000.00, or fraction thereof, to and including $40,000 $40,001.00 to $100,000.00 $498.00 for the first $40,000; plus $9.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,038.00 for the first $100,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,838.00for the first $500,000.00 plus $5.00 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 to 5,000,000.00 $6,338.00 for the first $1,000,000.00 plus $3.00 for each additional $1,000.00, or fraction thereof, to include $5,000,000.00 $5,000,001.00 and over $18,338.00 for the first $5,000,000.00; plus $1.00 for each additional $1,000.00 or fraction thereof Other Inspections and fees: 1. Inspections outside of normal business hours (minimum charge – two hours) Hourly rate per Rate Table C – Miscellaneous Fees 2. Re-inspection fees assessed under provisions of this chapter shall be as follows (per inspection): Hourly rate per Rate Table C – Miscellaneous Fees 3. Inspections for which no fee is specifically indicated (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees 4. Additional plan review required by changes, additions or revisions to plans (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees 5. For use of outside consultants for plan checking and inspections, or both Actual Costs2 6. Manufactured Home Setup Fee Foundation Bid Price valuation used in Exhibit 1 7. Moved Building Permit Fee (not including other required permits) $100.00 8. Demolition permit Fee: 3 cents per square foot, with a minimum charge of $100.00 9. Energy Code Plan Review Surcharge for New Single Family Residences $50.00 1 Valuation includes fair market value of labor and materials. 2 Actual costs include administrative and overhead costs. 202019 Rates & Fees 7 | P a g e EXHIBIT 2 MECHANICAL PERMIT FEES Permit Issuance and Heaters Fee 1. For the issuance of each mechanical permit $25.00 2. For issuing each supplemental permit for which the original permit has not expired, been canceled or finaled $7.25 Unit Fee Schedule (Note: The following do not include permit-issuing fee) 1. Furnaces For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h (29.3 kW) $14.80 For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h (29.3 kW) $18.20 For the installation or relocation of each floor furnace, including vent $14.80 For the installation or relocation of each suspended heater, recessed wall heater or floor- mounted unit heater $14.80 2. Appliance Vents For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit $7.25 3. Repairs or Additions For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code $13.70 4. Boilers, Compressors and Absorption Systems For the installation or relocation of each boiler or compressor to and including 3 horsepower (10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3 kW) $14.70 For the installation or relocation of each boiler or compressor over three horsepower (10.6 kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h (146.6 kW) $27.15 For the installation or relocation of each boiler or compressor over 15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 Btu/h (146.6 kW) to and including 1,000,000 Btu/h (293.1 kW) $37.20 For the installation or relocation of each boiler or compressor over 30 horsepower (105.5 kW) to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW) $55.45 For the installation or relocation of each boiler or compressor over 50 horsepower (176 kW), or each absorption system over 1,750,000 Btu/h (512.9 kW) $92.65 5. Air Handlers 8 | P a g e For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4719 L/s), including ducts attached thereto Note: This fee does not apply to an air-handling unit which is a portion of a factory- assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code $10.65 For each air-handling unit over 10,000 cfm (4719 :s) $18.10 6. Evaporative Coolers For each evaporative cooler other than portable type $10.65 7. Ventilation and Exhaust For each ventilation fan connected to a single duct $7.25 For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit $10.65 For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood $10.65 8. Incinerators For the installation or relocation of each domestic-type incinerator $18.20 For the installation or relocation of each commercial or industrial-type incinerator $14.50 9. Miscellaneous For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the table $10.65 For each gas piping system $10.00 Other Inspections and Fees Inspections outside of normal business hours, per hour (minimum charge – two hours Hourly rate per Rate Table C – Miscellaneous Fees Re-inspection fees assessed under provisions of this chapter shall be as follows (per inspection): Hourly rate per Rate Table C – Miscellaneous Fees Inspections for which no fee is specifically indicated, per hour (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees 202019 Rates & Fees 9 | P a g e EXHIBIT 3 PLUMBING PERMIT FEES Permit Issuance 1. For issuing each permit $25.00 2. For issuing each supplemental permit $10.00 Unit Fee Schedule (in addition to items 1 and 2 above) 1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefore) $7.00 2. For each building sewer and each trailer park sewer $15.00 3. Rainwater systems – per drain (inside building) $7.00 4. For each cesspool (where permitted) $25.00 5. For each private sewage disposal system $40.00 6. For each water heater and/or vent $7.00 7. For each gas piping system $10.00 8. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps $7.00 9. For each installation, alteration or repair of water piping and/or water treating equipment, each $7.00 10. For each repair or alteration of drainage or vent piping, each fixture $7.00 11. For each lawn sprinkler system on any one meter including backflow protection devices therefore $7.00 12. For atmospheric-type vacuum breakers not included in item 12: 1 to 5 $5.00 Over 5, each $1.00 13. For each backflow protective device other than atmospheric type vacuum breakers: 2 inch (51 mm) diameter and smaller $7.00 Over 2 inch (51 mm) diameter $15.00 14. For each graywater system $40.00 15. For initial installation and testing for a reclaimed water system $30.001 16. For each annual cross-connection testing of a reclaimed water system (excluding initial test ) $30.001 17. For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific gas $50.00 18. For each additional medical gas inlet(s)/outlet(s) $5.00 Other Inspections and Fees 1. Inspections outside of normal business hours Hourly rate per Rate Table C – Miscellaneous Fees 2. Re-inspection fee Hourly rate per Rate Table C – Miscellaneous Fees 3. Inspections for which no fee is specifically indicated Hourly rate per Rate Table C – Miscellaneous Fees 4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees 10 | P a g e EXHIBIT 4 GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less No fee 51 to 100 cubic yards (40 m3 to 76.5 m3) $23.50 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $37.00 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $49.25 10,001 100,000 cubic yards (7646.3 m3 to 76,455 m3) $49.25 for the first 10,000 cubic yards (7645.5 m3), plus $24.50 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 100,001 to 200,000 cubic yards (76,456 m3 to 152,911 m3) $269.75 for the first 100,000 cubic yards (76,455 m3), plus $13.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 200,001 cubic yards (152,912 m3) or more $402.25 for the first 200,000 cubic yards (152,911 m3), plus $7.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees GRADING PERMIT FEES1 50 cubic yards (38.2 m3) or less $23.50 51 to 100 cubic yards (40 m3 to 76.5 m3) $37.00 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $37.00 for the first 100 cubic yards (76.5 m3) plus $17.50 for each additional 100 cubic yards (76.5 m3) or fraction thereof 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $194.50 for the first 1,000 cubic yards (764.6 m3), plus $14.50 for each additional 1,000 cubic yards (764.6 m3) or fraction thereof 10,001 to 100,000 cubic yards (7646.3 m3 to 76,455 m3) $325.00 for the first 10,000 cubic yards (7645.5 m3), plus $66.00 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 100,001 cubic yards (76,456 m3) or more $919.00 for the first 100,000 cubic yards (76,455 m3), plus $36.50 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge – two hours) Hourly rate per Rate Table C – Miscellaneous Fees 2. Re-inspection fees assessed under provisions of this chapter shall be as follows (per inspection): Hourly rate per Rate Table C – Miscellaneous Fees 3. Inspections for which no fee is specifically indicated (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees 1The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid 202019 Rates & Fees 11 | P a g e for the original permit and the fee shown for the entire project. 12 | P a g e TABLE D DEPARTMENT OF FINANCIAL SERVICES 1. CHECK HANDLING FEE $40.00 2. PASSPORT ACCEPTANCE FEE U.S. Department of State Fee Chart 202019 Rates & Fees 13 | P a g e TABLE E FIRE DEPARTMENT 1. REGULATORY LICENSE FEES a) BMC 9.48 Fireworks Stands / Displays $100/stand/year b) BMC 9.48.020(9) Cash Bond  Fireworks Stand Clean-Up (refundable) $50/stand/year  Citywide Fireworks Clean-up Fee (non-refundable) $50/stand/year c) BMC 18.06  Ambulance Services $75.00/vehicle  Ambulance Inspections $75.00/vehicle 2. AMBULANCE TRANSPORT FEE a) ALS—1 $791.00 b) ALS – 2 $884.00 c) BLSE $620.00 d) Mileage $16.80/mile e) Itemized EMS Fees (one charge per transport)  ECG $70.00  IV/10 $50.00  O2 $50.00  SPO2 $15.00  CSPINE $40.00  End Tidal CO2 $30.00  C-PAP $175.00 3. EMS SERVICE CALL TO ASSISTED LIVING, LONG TERM CARE AND ADULT CARE FACILITIES $100 After first response per quarter 4. RE-INSPECTION FEE $73.00 5. HAZARD MATERIALS RESPONSE a) Rice Hull Ash Actual Cost per Bag b) Absorbent Pads Actual Cost per Bag 6. STAND-BY-TIME a) Fire Engine w/Crew of 2 $155.001 + $150.00 = $305.00/hour b) Fire Engine w/Crew of 3 $155.001 + $225.00 = $380.00/hour c) Fire Engine w/Crew of 4 $155.001 + $300.00 = $455.00/hour 7. ACTIVE FIREFIGHTING a) Fire Engine Washington Fire Chiefs Published Rate1 b) Aerial Ladder Washington Fire Chiefs Published Rate1 1Washington Fire Chiefs Association Wage & Equipment Rates for the Washington State Fire Service 8. FIRE WATCH $75.00/hour 9. AFTER HOURS INSPECTION $75.00/hour – 2 hour Minimum 14 | P a g e 10. RUSH PLAN REVIEW $500.00 plus Standard Fees 11. OPERATIONAL PERMIT $100.00 12. FIRE SAFETY OFFICERS $75.00/hour – 2 hour minimum 13. FALSE FIRE ALARM $200.00 202019 Rates & Fees 15 | P a g e TABLE F GOLD MOUNTAIN GOLF COURSE 1. CASCADE COURSE (prices do not include sales tax) a) Friday 18 Holes $45.00 b) Weekday 18 Holes (Mon-Thurs) $40.00 c) Weekend/Holiday 18 Holes (Note: 1) $50.00 d) Weekday 9 Holes (Mon-Thurs) $28.0030.00 e) Weekend/Holiday 9 Holes $30.0032.00 f) Continuation Fee $25.00 g) Twilight Weekday (Mon-Thurs) $28.0030.00 h) Twilight Weekend/Holiday $32.00 i) League Rate (Not Sat, Sun or Holiday) $23.0024.00 j) Junior 18 Holes (Mon-Thurs) $17.0018.00 k) Junior Twilight Weekend/Holiday $17.0018.00 l) 36 Hole Special (Mon-Thurs) $90.00 m) 36 Hole Special (Fri-Sun) $110.00 n) Senior Punch Card (Not Sat, Sun or Holiday) (Note: 2) $250.00280.00 n)o) Regular 10 Round Punch Card $320.00 o)p) Junior 10 Round Punch Card $120.00130.00 p)q) Low Income Sr. Punch Card (Not Sat, Sun or Holiday) (Note: 2 & 3) $120.00130.00 q)r) Daily Private Cart $18.00 r)s) Shotgun Tournament (Not To Exceed 18 Hole Green Fee) $85.00 2. OLYMPIC COURSE (prices do not include sales tax) a) Friday 18 Holes $72.00 b) Weekday 18 Holes (Mon-Thurs) $60.00 c) Weekend/Holiday 18 Holes (Note: 1) $82.00 d) Weekday 9 Holes (Mon-Thurs) $35.0036.00 e) Weekend/Holiday 9 Holes $45.0046.00 f) Continuation Fee $35.00 g) Twilight Weekday (Mon-Thurs) $35.0036.00 h) Twilight Weekend/Holiday $45.0046.00 i) League Rate (Not Sat, Sun or Holiday) $23.0024.00 j) Junior 18 Holes (Mon-Thurs) $25.0028.00 k) Junior Twilight Weekend/Holiday $25.0028.00 l) 36 Hole Special (Mon-Thurs) $90.00 m) 36 Hole Special (Fri-Sun) $110.00 n) Shotgun Tournament (Not To Exceed 18 Hole Green Fee) $120.00 o) Olympic Punch card plus $30.00 p) Annual Pass Single $2,200.002,500.00 q) Annual Pass Couple $3,400.003,800.00 r) Annual Pass Family $3,400.003,800.00 s) Annual Pass Junior (Mon-Thurs) $500.00700.00 1. Saturday, Sunday or Holiday (May-September Not to Exceed Rate) May be used for twilight any day of the week including holidays. 2. Ages 62 & up with household income < $18,000. 16 | P a g e TABLE G IVY GREEN CEMETERY 1. GRAVE SITES a) Adult $1,435.001,464.00 b) Infant (Not in Infant Sections) $1,464.001,435.00 c) Infant Section $366.00359.00 d) Veteran $850.00836.00 e) Perpetual Care (collected at time of site sale) 10% of site fee 2. LINERS (Subject to sales tax) a) Casket Liner $874.00979.00 b) Cremation Liner $215.00240.00 c) Infant Liner $359.00400.00 d) Oversized Liner $1,172.001,313.00 3. OPENING AND CLOSING a) Casket $836.00853.00 b) Cremation $300.00306.00 c) Infant $586.00598.00 d) Veteran $502.00512.00 4. DISINTERNMENT a) Adult $1,794.001,830.00 b) Infant $1,794.001,830.00 c) Urn $287.00293.00 d) Removal (only) $1,185.001,209.00 5. MARKER SETTING FEES a) Setting Fee $193.00250.00 6. GRAVE SIDE SERVICES a) Chairs & Awning $256.00260.00 7. MARKERS (Subject to sales tax) a) Markers Value based on size and type of marker 202019 Rates & Fees 17 | P a g e TABLE H KITSAP CONFERENCE CENTER All Rates are Minimum Rates 1. ROOM RENTAL (in conjunction with food minimums) 1 a) Puget Sound Ballroom- per section (4 sections) $500.00 b) Oyster Bay Room $250.00 c) Marina Vista 1 & 2 – per section $200.00 d) Marina Vista 3 $500.00 e) Glacier Cove 1 & 2 – per section $200.00 f) Fountain Room $850.00 2. EVENT FEE a) Puget Sound Ballroom- per section (4 sections) $500.00 b) Oyster Bay Room $250.00 c) Marina Vista 1 & 2 – per section $300.00 d) Marina Vista 3 $750.00 e) Glacier Cove 1 & 2 – per section $300.00 f) Fountain Room $1,000.00 1. 501(c)3 Organizations receive 50% off Room Rental rate with purchase of an Event Package. 3. RECURRING ROOM RENTAL (at least 35 events per year) a) Room fee waived with food purchase for at least 60 people. 18 | P a g e TABLE I MUNICIPAL COURT 1. ANTI-HARRASSMENT ORDER $73.00 2. HEARING EXAMINER APPEAL $73.00 3. TRAFFIC PENALTIES a) Inattention to Driving $139.00136.00 b) Automated Traffic Safety Camera Violations $139.00136.00 202019 Rates & Fees 19 | P a g e TABLE J PARKING 1. PARKING FEES* a) On-Street Locations  3 hours $20.00  10 hours $30.00 b) Off-Street Location  3 hours $20.00  10 hours $30.00 c) Parking Garage Monthly Permit $200.00 d) Administrative Immobilization Fee (i.e. boot) $100.00 2. RESIDENTIAL PARKING PERMITS* a) Residential Parking Permits  First Two Permits NO COST  Each additional permit issued not-to-exceed four permits per unit $100.00 b) Petition for Creation of Residential Restricted Parking Zone $100.00 c) Replacement of parking permit $10.00 d) Visitor Parking Permits NO COST c)e) Service/Landlord Permits NO COST 3. PARKING PENALTIES a) Overtime or Reparking  1st Violation in 180 Days $20.00  2nd Violation in 180 Days $60.00  3rd or More Violation in 180 Days $180.00 b) Non-Payment in Collection Devices  1st Violation in 180 days $20.00  2nd Violation in 180 days $60.00  3rd Violation in 180 days $180.00 c) Loading Zones $25.00 d) No Parking $30.00  1st Violation in 180 days $30.00  2nd Violation in 180 days $60.00  3rd Violation in 180 days $180.00 d)e) Wrong Way $30.0035.00 e)f) Parked on Sidewalk $30.00 f)g) Fire Hydrant $30.0035.00 g)h) 12" From Curb $30.00 h)i) Physically Disabled (Public and Private) $450.00 i)j) Counterfeiting or User of Counterfeit Permits,  Tokens or Script $500.00  Unauthorized Use of Permits $250.00 j)k) Blocked Driveway $30.0035.00 k)l) Expired Tabs $45.00 l)m) 30 Foot to Stop Sign $30.00 m)n) Double Parked $30.0035.00 n)o) No Stopping/No Standing $30.00 20 | P a g e o)p) Failure to Respond – Additional Penalty $25.00 p)q) All parking infractions set forth in Chapter 10.10 BMC not identified above $20.0030.00 4. *Rates are not-to-exceed rates. These rates shall apply unless reduced by the Department of Financial Services for a specific site or use. 202019 Rates & Fees 21 | P a g e TABLE K PARKS AND RECREATION DEPARTMENT Non-Resident Fee – Base Fee plus 25% All Rates Listed Are “Not To Exceed” Fees 9. FACILITY USE RENTAL RATES  Facility use policies apply.  Appropriate taxes are included in rates unless otherwise noted.  Regular Groups (10 or more meetings a year, reserved in advance) may receive up to a 20% discount on Facility and Park Rental Fees. a) SHERIDAN PARK COMMUNITY CENTER – ROOM RENTAL RATES  (Group A) NON-COMMERCIAL – Rental Rates Recreation and/or educational purposes only. Per hour, two (2) hour minimum  Daytime (Monday – Friday: 8:00 AM to 5:00 PM) (i) Lounge $11.5011.75 (ii) Room A, B/C, Conference Room $9.509.75 (iii) Gym $28.0028.50  Evenings (Monday – Thursday: 5:00 PM to 10:00 PM) (i) Lounge $28.0028.50 (ii) Room A, B, Conference Room $22.0022.50 (iii) Gym $38.5040.00 (iv) Room Package (Lounge & Gym) $63.7565.00 (v) Entire building – Up to eight (8) hours* $730.00745.00  Friday Evening (5:00 PM to 10:00 PM) & Saturday and Sunday (i) Lounge $33.2534.00 (ii) Room A, B, Conference Room $25.0025.50 (iii) Gym $46.0047.00 (iv) Room Package (Lounge & Gym) $75.2576.75 (v) Entire building – Up to eight (8) hours* $755.00770.00  (Group B) COMMERCIAL – Rental Rates Per hour, two (2) hour minimum  Lounge $50.0051.00  Room A, B, Conference Room $38.0038.25  Gym $69.0070.50  Room Package (Lounge & Gym) $113.00115.25  Entire Building - Up to eight (8) hours* $1,130.001,155.00 *Entire building rental for events with 250 or more participants requires additional staffing fee at $17.5018.00 per hour. b) BREMERTON SR. CITIZENS CENTER - ROOM RENTAL RATES 22 | P a g e  (Group A) NON-COMMERCIAL – Rental Rates  Per hour, two (2) hour minimum  Cardroom/Meeting Room $23.0023.50  Main Room $45.0046.00  Kitchen $23.0023.50  Additional staffing per hour $17.5018.00  Entire Facility up to eight (8) hours $750.00510.00* (*Note: The $750 amount was not correct for 2019, should have been $500)  (Group B) COMMERCIAL – Rental Rates  Per hour, (two ) 2 hour minimum  Cardroom/Meeting Room $44.0035.25  Main Room $86.0069.00  Kitchen $44.0035.25  Additional staffing per hour $17.5018.00  Entire Facility – Up to eight (8) hours $750.00765.00 PARK SHELTERS – RESERVATION FEES Four (4) hour sessions per reservation unless otherwise noted. Bremerton residents may reserve park shelters beginning January 1st for the upcoming year. Non - resident reservations will be accepted beginning February 1st.  (Group A) NON-COMMERCIAL – Rental Rates  Bachmann, Bataan, Lent Landing, Matan, NAD (Upper) Shelters and Gazebos $30.00  Blueberry Shelter $51.00  Evergreen Shelter 1 $78.0079.50  Evergreen Shelter 2 or 3 $41.0042.00  Evergreen Shelter 4 (not reservable, first come first served) NO CHARGE  Evergreen Shelter 5 or 6 $43.0044.00  Evergreen Amphitheatre with power $190.00194.00  Kiwanis Park Shelter $41.0042.00  Lions Park Shelter 1 $53.0055.00  Lions Park Shelter 2 $41.0042.00  Manette Park Shelter $41.0042.00  Reserve portion of a park not having a shelter. $36.0030.00  (Group B) COMMERCIAL – Rental Rates  Bachmann, Bataan, Lent Landing, Matan, NAD (Upper) Shelters and Gazebos $45.00  Blueberry Shelter $76.50  Evergreen Shelter 1 $117.00119.25  Evergreen Shelter 2 or 3 $61.5063.00  Evergreen Shelter 4 (not reservable) NO CHARGE  Evergreen Shelter 5 or 6 $64.5066.00  Evergreen Amphitheatre with power $285.00291.00 202019 Rates & Fees 23 | P a g e  Kiwanis Park Shelter $61.5063.00  Lions Park Shelter 1 $79.5082.50  Lions Park Shelter 2 $61.5063.00  Manette Park Shelter $61.5063.00  Reserve portion of a park not having a shelter. $45.00 c) SPECIAL EVENTS, CELEBRATIONS, WEDDINGS (Group A) NON-COMMERCIAL – Rental Rates  Harborside Fountain Park (Waterfront plaza only, per four (4) hour session $40.0042.00  Louis Mentor Boardwalk $500.00510.00  Stage (20’ x 24’) –Available Memorial Day-Labor Day (per day) $225.00230.00 (Group B) COMMERCIAL – Rental Rates  Harborside Fountain Park (Waterfront plaza only, per four (4) hour session $63.00  Louis Mentor Boardwalk $765.00  Stage (20’x24’) – Available Memorial Day-Labor Day (per day) $345.00 d) ATHLETIC FIELD – RESERVATIONS Per hour unless noted  (Group A) NON-COMMERCIAL  Youth Use $16.5017.00  Adult Use $31.0031.75  (Group B) COMMERCIAL $55.0056.00  Game Fees (i) Baseball/Softball $38.5039.00 (ii) Soccer $59.0060.00 (iii) Sand Volleyball $30.00 e) BLUEBERRY PARK – P-PATCH ANNUAL RATE Non-commercial gardening only.  Raised Beds $13.0014.00  10’ x 20’ Beds $52.0053.00  16’ x 30’ Beds $75.0076.00 f) LIONS TENNIS COURT LIGHTS  1 token (1 hour) $2.50  6 tokens (6 hours) $11.2511.50 2. PROGRAM FEES & CHARGES a) NEW PROGRAMS See Section 3, subsection (a) b) ATHLETIC PROGRAM FEES  VOLLEYBALL  League Play (per team, per game) $30.00  Open Gym (Oct. – June) per person $4.00  Sand Volleyball $30.00 24 | P a g e  BASKETBALL  Men’s League Play (per team, per game) $63.5064.00  Boy’s League Play (per team, per game) $37.5038.00  Boy’s League (Individual Registration - per individual) $47.0048.00 - PICKLEBALL  Drop In $3.00  10-Visit Punchcard $24.00  SOFTBALL  Adult League Play (per team, per game) $46.0047.00  Adult League – Players fee (per player, per game) $2.052.07  TOURNAMENTS (BASEBALL/SOFTBALL AND SOCCER) INVITATIONAL TOURNAMENTS c) Lions – One Day $426.00434.00 d) Lions – Two Day $680.00693.00 e) Lions – Three Day $905.00923.00 f) Pendergast – One Day $560.00571.00 g) Pendergast – Two Day $873.00890.00 h) Pendergast – Three Day $1,062.001083.00 STATE TOURNAMENTS* i) Lions – One Day $592.00604.00 j) Lions – Two Day $884.00902.00 k) Lions – Three Day $1,029.001,050.00 l) Pendergast – One Day $767.00782.00 m) Pendergast – Two Day $1,029.001,050.00 n) Pendergast – Three Day $1,220.001,244.00 *Regional and National Tournaments cost to be negotiated depending on field preparation requirements. 3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS a) PROGRAM FEE FORMULAS. Except for the Sr. Citizens Trip program, participant fees for activities (programs, classes, events, etc.) promoted by the Sr. Citizen Center and the Recreation Division are established by the following formulas:  Activities when the instructor is on City payroll. *Based on “Not-to-Exceed” rates [(Total class hours including preparation) x (Instructor’s hourly wage) x (1.5 Administration factor)] divided by (minimum # of students per activity)] + (the cost of group supplies divided by minimum # of students) + Cost of individual class supplies, if applicable = Student class fee for City of Bremerton Resident  Activities taught by contracted instruction. 202019 Rates & Fees 25 | P a g e *Based on “Not-to-Exceed” rates [(Price per student required by the Instructor less class supply fees) x (1.5 Administration factor)] + Class supply fees = Student class fee for City of Bremerton Resident.  Non-Resident Fees for Recreational Programs. For recreation classes, programs, and rentals – ranging from:  $5.00 to $25.00 add on 25%  $25.01 to $50.00 add a flat $6.25  $50.01 to $100.00 add a flat $12.50  $100.01 to $200.00 add a flat $25.00  $200.01 to $400.00add a flat $50.00  $400.01 to $750.00 add a flat $100.00  $750.01 to $1,000.00 add a flat $150.00  $1,000.00 + add a flat $200.00 b) SENIOR CENTER ACTIVITIES (AGE 55+) Couples Membership is for two people, at least one needs to be 55 or better, who reside at the same address. Associate Memberships are for those individuals not yet 55 but still would like to participate in the programs, trips and classes offered at the Center.  Senior Citizen – City Resident annual membership $17.0017.25  Senior Citizen – Non-Resident annual membership $34.0034.50  Senior Center – City Resident Couples annual membership $25.0025.50  Senior Center – Non-Resident Couples annual membership $50.0051.00  Senior Center – City Resident Associate annual membership $25.0025.50  Senior Center – Non-Resident Associate annual membership $50.0051.00 c) SENIOR CENTER TRIPS Cost plus 25% 26 | P a g e TABLE L POLICE DEPARTMENT 1. TRAFFIC ACCIDENT REPORTS $10.00 2. FINGERPRINTS – 1st Card $10.00 a) Each Additional Card $10.00 3. CRIMINAL HISTORY CHECK $10.00 4. ALARM COMPLIANCE FEE a) 1st False Alarm in any 1 Quarter $60.00 b) 2nd False Alarm in the same Quarter $80.00 c) 3rd False Alarm in the same Quarter or Subsequent Alarms in a Calendar Quarter $160.00 5. SERVICE FEE FOR ANTI-HARASSMENT ORDER $50.00 6. SERVICE OF ARREST WARRANTS AND SUBPOENAS a) Arrest Warrant $15.00 plus mileage b) Subpoena $6.00 plus mileage c) Preparation of return of service $5.00 Mileage (for each mile actually and necessarily traveled by a member of the Police Department in going to or returning from any place of service, or attempted service) current business mileage rate allowed by the Internal Revenue Service. 7. TAXICABS a) Taxicab Business Certificate $30.00/year b) Taxicab Driver’s Certificate $30.00/year c) Vehicle Decal $10.00/vehicle/year d) Annual Renewal $30.00 e) Certificate Changes $10.00 f) Finger prints $10.00 g) WSP Background Check (effective 1/1/2019) $51.25 WSP Background Check (effective 7/1/2019) $71.25 8. CONCEALED WEAPONS PERMITS (Rates set by State subject to change) a) New Permit (effective 1/1/2019) $49.25 b) Renewal Permit $32.00 c) Late Permit $42.00 d) Replacement $10.00 e) Firearm Dealer License $125.00 202019 Rates & Fees 27 | P a g e TABLE M PUBLIC RECORD FEES 1. Copy or Print - Letter or Legal paper size (No fee for first 50 pages) $0.15/page 2. Scan – Letter or Legal paper size (No fee for first 50 pages) $0.10/page 3. Electronic Files or Attachment uploaded to email, cloud-based data storage service or other means of electronic delivery $0.05/4 files 4. Transmission of Public Records in an Electronic Format $0.10/GB 5. Video Reproduction (includes personnel time) Actual Costs 6. CD/DVD $2.00 7. USB 2 GB $5.00 8. Postage or Delivery Charges Actual Costs 9. Certification $5.00 10. Oversized Plans, Aerial Photos, Drawings, and Maps (Black and White) $8.00/page or Actual Costs when performed by a Vendor 11. Color GIS Plotted Maps $5.00/sq. ft. 12. Other Documents: a) Medical Records $19.00 b) Fire Incident/Investigation Reports $8.00 c) Budget  (Hard Copy) $70.00  (Electronic Version) $10.00 d) Annual Report  (Hard Copy) $35.00  (Electronic Version) $10.00 In addition to the above fees, each department may establish fees for records that do not fall into one of the above categories. Each department and the City Clerk shall have the department's fee schedule available for inspection upon request. 28 | P a g e TABLE N PUBLIC WORKS AND UTILITIES DEPARTMENT 1. RIGHT-OF WAY USE PERMITS FEES a) Type A (Short Term Use) Regular (Misc. Construction) $307.00320.00  Dumpster – Individual personal use NO CHARGE  Dumpster – Commercial/Construction $153.32320.00 b) Type B (Disturbance of ROW)  Sidewalk Repairs (2 inspections) NO CHARGE  Driveway, Transverse Street Patch and Spot Patches (2 inspections) $307.00320.00  Frontage Improvements (curb, gutter, sidewalk, illumination, etc.); Longitudinal Street Patch; and Utility Installation $3.834.00/ft with a $230.00240.00 minimum  New Street $6.526.80/ft with a $782815.00 minimum  Water & Sewer Mains & Laterals (ROW Permit) (2 inspections) $307.00320.00  Additional Inspection $76.6680.00/hour + equipment charges c) Type C (Long Term Use)  Application and Processing $ $307.00320.00  Annual Renewal $ $76.6680.00 d) Type D Regular (Franchised Utility Routine Maintenance) $153.32160.00 e) Plan Reviews $0.270.25/foot of improvement with $112160.00 minimum 2. ADDITIONAL WORK $76.6680.00/hour + Equipment Charges 3. RIGHT-OF-WAY VACATION $1,750.00 4. BMC 10.24 HOUSEMOVING/OVERSIZE LOADS $635640.00+$69.00/mile to .10 of a mile 5. BANNER FEE INSTALL/REMOVAL $100.00212.00 6. MEMORIAL SIGN CREATION $500.00COST 7. TRAFFIC CONTROL $74.0080.00/hour + Equipment Charges 8. TRAFFIC CONTROL DEVICES a) Barricades if not returned $30.00/barricade b) Barricades $20.00 per barricade per day 202019 Rates & Fees 29 | P a g e b)c) Cones, if not returned or damaged $16.00/cone d) Cones $2.00 per cone per day c)e) Signs, if not returned or damaged $215.00/sign f) Signs $18.00 per sign per day g) Labor Rate Hourly (equipment not included) $80 9. SIGN CREATION COST 9.10. BLOCK PARTY STREET CLOSURE $25.00 30 | P a g e TABLE O TAX & LICENSE 1. REGULATORY LICENSE FEES a) BMC 5.17 Charitable Solicitation  Non-Profit $25.00/60 days  Professional Fundraiser $675.00/60 days b) BMC 5.22 Dance/Public $265.00/yr or $70.00/30 days c) BMC 5.96 Erotic Dance Studios $700.00/yr d) Dancers $100.00/yr e) BMC 5.16 Mobile Food Vendor $150.00/veh/yr f) BMC 5.16 Peddlers $75.00/yr or $25.00/30 days g) BMC 5.36 Special Events $100.00/event h) BMC 5.08 Street/Sidewalk Vendors $100/yr i) Site Relocation $50.00 j) BMC 5.16 Temporary Merchant $400.00/30 days 2. BUSINESS LICENSE FEE a) BMC 5.02 $75.00/yr 202019 Rates & Fees 31 | P a g e TABLE P TELECOMMUNICATIONS 1. TOWER LEASE - APPLICATION, RENEWAL AND ASSIGNMENT FEE $530.00 2. CABLE FRANCHISE APPLICATION AND RENEWAL FEE DEPOSIT1 $3,588.00 1Actual cost will be based on staff time. City may require additional deposit(s) up to $3,500 per deposit if funds are exhausted. 3. MASTER PERMIT - APPLICATION AND RENEWAL FEE DEPOSITS2 $5,125.00 2Actual cost will be based on staff time plus legal review. City may require additional deposit(s) up to $5,000 per deposit if funds are exhausted. 4. TELECOM LICENSE FEE $222.00/one time AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Dates: October 23, 2019 Ordinance No. 5383 amending and re- establishing Utility Assessments, Rates, Fees, and Charges for 2020 November 13, 2019 COUNCIL MEETING Date: November 20, 2019 Presenters: Mike Riley, Finance Tom Knuckey, PW&U Phone: (360) 473-5303 SUMMARY: Proposed ordinance to amend and re-establish the 2020 Utility Assessments, Rates, Fees, and Charges. ATTACHMENTS: 1. Ordinance No. 5383; 2) Exhibit A; 3) Handout entitled: “2019/2020 Rate Comparison for Cities Near Bremerton”; and 4) Handout entitled “Combined Bi-Monthly Utility Rate Comparison” FISCAL IMPACTS (Include Budgeted Amount): General Facility Charges (GFCs) were adjusted by 3.57%, the annual change in the 20-City national average Construction Cost Index (CCI) published by Engineering News-Record (ENR). Miscellaneous fees were adjusted by an annual change in the Consumer Price Index - All Urban Consumers (CPI-U), Seattle-Tacoma-Bellevue for the month ended August 31, 2019 at 3.2%. The Utility rates are incorporated in the 2020 Proposed Budget. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5383 amending and re-establishing 2020 Assessments, Rates, Fees, and Charges for Water, Wastewater, Stormwater, and other related services. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6C 1 2020 Utilities Rates and Fees ORDINANCE NO. ____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending and reestablishing the assessments, rates, fees and charges established in Ordinance No. 5358 regarding rates and fees relating to the Department of Public Works and Utilities for water, wastewater, stormwater and other related services. WHEREAS, the City Council desires to amend and reestablish the assessments, rates, fees, and charges (“Rates and Fees”) relating to the Department of Public Works and Utilities for general facility charges and water, wastewater, stormwater, and other related services established in Exhibit A of Ordinance No. 5358; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Rate Tables established. Rates and fees for services relating to the Department of Public Works and Utilities for general facilities charges and water, wastewater, stormwater, and other related services, as established in Exhibit A of Ordinance No. 5358, are hereby amended and reestablished in their entirety as set forth in the attached Exhibit A of this ordinance, said exhibit is incorporated herein by this reference. SECTION 2. Rate Tables – Effective Date. The amendment and reestablishment of rate tables as set forth in Section 1 above shall be effective January 1, 2020. SECTION 3. 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 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval, and publication as provided by law. PASSED by the City Council the _____ day of November, 2019. _________________________________ ERIC YOUNGER, Council President 2 2020 Utilities Rates and Fees Approved this ________ day of November, 2019. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, 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\2020 Utility Rates & Fees Ordinance.doc 2019 GENERAL FACILITY CHARGES Water based on meter size average normal flow 5/8" x 3/4" 6,074.00$ 1" 6,074.00$ 1" Commercial 8,322.00$ 1 1/2" Commercial 48,592.00$ 2" Commercial 48,592.00$ 3" Commercial 121,481.00$ 4" Commercial 242,962.00$ Greater than 4" 5/8" x 3/4" 7,089.00$ 1" 7,089.00$ 1" Commercial 8,791.00$ 1 1/2" Commercial 49,626.00$ 2" Commercial 49,626.00$ 3" Commercial 127,611.00$ 4" Commercial 255,221.00$ Greater than 4" Stormwater (per IHSU)3,261.00$ CONNECTION FEES Water Connection Fees Inside Outside 5/8" x 3/4" 3,247.00$ 3,376.00$ 4,871.00$ 5,064.00$ 1" 3,434.00$ 3,562.00$ 5,151.00$ 5,343.00$ 1 1/2" 8,365.00$ 8,558.00$ 12,548.00$ 12,837.00$ 2" 8,829.00$ 9,022.00$ 13,244.00$ 13,533.00$ 3" - 4" x 4" - Service to property line 15,618.00$ NA 23,427.00$ NA 3" - 4" x 6" - Service to property line 15,646.00$ NA 23,469.00$ NA 3" - 4" x 8" - Service to property line 15,658.00$ NA 23,487.00$ NA 3" - 4" x 10" - Service to property line 15,735.00$ NA 23,603.00$ NA 3" - 4" x 12" - Service to property line 15,716.00$ NA 23,574.00$ NA 3" NA 16,169.00$ NA 24,254.00$ 4" - 4" x 4" - Service to property line 17,694.00$ NA 26,541.00$ NA 4" - 4" x 6" - Service to property line 17,723.00$ NA 26,585.00$ NA 4" - 4" x 8" - Service to property line 17,734.00$ NA 26,601.00$ NA 4" - 4" x 10" - Service to property line 17,812.00$ NA 26,718.00$ NA 4" - 4" x 12" - Service to property line 17,792.00$ NA 26,688.00$ NA 4" NA 18,246.00$ NA 27,369.00$ 6" - 6" x 6" - Service to property line 22,943.00$ NA 34,415.00$ NA 6" - 6" x 8" - Service to property line 22,899.00$ NA 34,349.00$ NA 6" - 6" x 10" - Service to property line 22,991.00$ NA 34,487.00$ NA Case by Case basis Wastewater based on meter size average normal flow 7,342.00$ 7,342.00$ 9,105.00$ 51,398.00$ 51,398.00$ 132,167.00$ 264,332.00$ Case by Case basis 3,377.00$ Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2020 251,636.00$ 2020 Inside & Outside City Limits 6,291.00$ 6,291.00$ 8,619.00$ 50,327.00$ 50,327.00$ 125,818.00$ 1 of 9 2019 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2020 2020 Water Connection Fees (continued)Inside Outside 6" - 6" x 12" - Service to property line 22,975.00$ NA 34,463.00$ NA 6" NA 23,426.00$ NA 35,139.00$ 8" - 8" x 8" - Service to property line 29,127.00$ NA 43,691.00$ NA 8" - 8" x 10" - Service to property line 29,010.00$ NA 43,515.00$ NA 8" - 8" x 12" - Service to property line 28,858.00$ NA 43,287.00$ NA 8" NA 29,444.00$ NA 44,166.00$ 10" - 10" x 10" - Service to property line 36,743.00$ NA 55,115.00$ NA 10" - 10" x 12" - Service to property line 37,187.00$ NA 55,781.00$ NA 10" NA 37,621.00$ NA 56,432.00$ 12" and greater Wet Tapping (Water Main Only, excluding excavation & backfill)* Inside Outside 4" x 4" - excluding excavation & backfill 2,797.00$ NA 4,196.00$ NA 4" x 6" - excluding excavation & backfill 2,826.00$ NA 4,239.00$ NA 4" x 8" - excluding excavation & backfill 2,837.00$ NA 4,256.00$ NA 4" x 10" - excluding excavation & backfill 2,914.00$ NA 4,371.00$ NA 4" x 12" - excluding excavation & backfill 2,895.00$ NA 4,343.00$ NA 4" NA 2,995.00$ NA 4,493.00$ 6" x 6" - excluding excavation & backfill 3,124.00$ NA 4,686.00$ NA 6" x 8" - excluding excavation & backfill 3,079.00$ NA 4,619.00$ NA 6" x 10" - excluding excavation & backfill 3,172.00$ NA 4,758.00$ NA 6" x 12" - excluding excavation & backfill 3,107.00$ NA 4,661.00$ NA 6" NA 3,252.00$ NA 4,878.00$ 8" x 8" - excluding excavation & backfill 4,181.00$ NA 6,272.00$ NA 8" x 10" - excluding excavation & backfill 4,064.00$ NA 6,096.00$ NA 8" x 12" - excluding excavation & backfill 3,845.00$ NA 5,768.00$ NA 8" NA 4,145.00$ NA 6,218.00$ 10" x 10" - excluding excavation & backfill 5,404.00$ NA 8,106.00$ NA 10" x 12" - excluding excavation & backfill 5,982.00$ NA 8,973.00$ NA 10" NA 6,728.00$ NA 10,092.00$ 12" x 12" - excluding excavation & backfill 6,350.00$ NA 9,525.00$ NA 12" and greater Wet Tapping (Water Main to Property Line)* Inside Outside 2" - service 4,632.00$ 4,825.00$ 6,948.00$ 7,238.00$ 4" x 4" - service 10,535.00$ NA 15,803.00$ NA 4" x 6" - service 10,563.00$ NA 15,845.00$ NA 4" x 8" - service 10,574.00$ NA 15,861.00$ NA 4" x 10" - service 10,652.00$ NA 15,978.00$ NA 4" x 12" - service 10,632.00$ NA 15,948.00$ NA 4" NA 11,067.00$ NA 16,601.00$ 6" x 6" - service 10,875.00$ NA 16,313.00$ NA 6" x 8" - service 10,831.00$ NA 16,247.00$ NA 6" x 10" - service 10,923.00$ NA 16,385.00$ NA 6" x 12" - service 10,908.00$ NA 16,362.00$ NA 6" NA 11,342.00$ NA 17,013.00$ 8" x 8" - service 12,717.00$ NA 19,076.00$ NA Actual time & material + equipment Actual time & material + equipment 2 of 9 2019 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2020 2020 Water Connection Fees (continued)Inside Outside 8" x 10" - service 12,600.00$ NA 18,900.00$ NA 8" x 12" - service 12,448.00$ NA 18,672.00$ NA 8" NA 13,035.00$ NA 19,553.00$ 10" x 10" - service 14,914.00$ NA 22,371.00$ NA 10" x 12" - service 15,358.00$ NA 23,037.00$ NA 10" NA 15,792.00$ NA 23,688.00$ 12" x 12" - service 15,400.00$ NA 23,100.00$ NA 12" and greater Fire Hydrant Installation*Inside Outside 6" x 8" and smaller - service to property line 13,878.00$ 14,312.00$ 20,817.00$ 21,468.00$ 6"x 10" - service to property line 13,971.00$ 14,405.00$ 20,957.00$ 21,608.00$ 6"x 12" service to property line 13,955.00$ 14,389.00$ 20,933.00$ 21,584.00$ PLAN CHECK/INSPECTION FEES Engineering Services**Inside Outside Plan Check Fees Main Extensions: per foot 0.55$ 0.57$ 0.83$ 0.86$ BUT not less than 383.00$ 383.00$ 575.00$ 575.00$ (Includes hydrants and appurtenances and connection to water system) Pump Stations 3,066.00$ 3,200.00$ 4,600.00$ 4,800.00$ Fireline Extension 153.00$ 160.00$ 230.00$ 240.00$ Irrigation Systems 153.00$ 160.00$ 230.00$ 240.00$ Miscellaneous (per hour) plus equipment 77.00$ 80.00$ 115.00$ 120.00$ Storm Drainage Plan Review Fees *** Preliminary Drainage Plans Residential Development 613.00$ 640.00$ N/A N/A Non-Residential Development 383.00$ 400.00$ N/A N/A Plus per IHSU 19.00$ 20.00$ Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots 65.00$ 68.00$ N/A N/A 21 - 50 Lots 58.00$ 60.00$ N/A N/A 51 - 100 Lots 46.00$ 48.00$ N/A N/A 100+ Lots 38.00$ 40.00$ N/A N/A Minimum Charge 460.00$ 480.00$ N/A N/A Non-Residential Development per IHSU 25.00$ 40.00$ N/A N/A Minimum Charge 377.00$ 480.00$ N/A N/A Resubmittal Fees First Resubmittal No Charge No Charge N/A N/A Subsequent Resubmittal 460.00$ 480.00$ N/A N/A Actual time & material + equipment 3 of 9 2019 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2020 2020 Field Inspection Fees Water main extensions (per foot) 1.53$ 1.60$ 2.30$ 2.40$ but not less than: 536.62$ 560.00$ 804.93$ 840.00$ Pump Station 3,066.00$ 3,200.00$ 4,600.00$ 4,800.00$ Miscellaneous (per hour) 76.66$ 80.00$ 115.00$ 120.00$ Wastewater Connection Fees Lateral Connection at P/L 153.00$ 160.00$ 230.00$ 240.00$ Lateral Connection at Main 383.00$ 400.00$ 575.00$ 600.00$ Conveyance Facility Ext. (Per Foot) 3.00$ 3.20$ 5.00$ 5.00$ but not less than: 767.00$ 800.00$ 1,150.00$ 1,200.00$ Pump Station 3,066.00$ 3,200.00$ 4,600.00$ 4,800.00$ Miscellaneous (per hour) 77.00$ 80.00$ 115.00$ 120.00$ Storm Drainage Inspection Fees ***Inside Outside Residential Development (per lot) 77.00$ 80.00$ N/A N/A Non-Residential Development (per IHSU) 38.00$ 40.00$ N/A N/A Minimum Charge 307.00$ 320.00$ N/A N/A Conveyance Facility Extensions (per foot) 2.00$ 2.00$ N/A N/A Minimum Charge 460.00$ 480.00$ N/A N/A Unscheduled Inspections**** (per site visit) 77.00$ 80.00$ N/A N/A MISCELLANEOUS FEES AND CHARGES Office Services New Account (includes water turn-on) 22.00$ 23.00$ N/A N/A Account Maintenance 5.00$ 5.00$ N/A N/A Past Due Notice 3.00$ 3.00$ N/A N/A ACH Credit -$ -$ N/A N/A Lien Recovery Charge 108.00$ Cost N/A N/A Close Account/Meter Read/Water Service Turn- off 22.00$ 23.00$ N/A N/A Utility/Lien Search Fee (Manual) per parcel 33.00$ 34.00$ N/A N/A Park Reservation Fee (non-refundable) 125.00$ 125.00$ N/A N/A Park Reservation Refundable Deposit 100.00$ 100.00$ N/A N/A Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch 1,536.00$ 1,585.00$ 2,304.00$ 2,378.00$ Concrete Patch 1,730.00$ 1,785.00$ 2,145.00$ 2,678.00$ Asphalt Trench 3,448.00$ 3,558.00$ 5,172.00$ 5,337.00$ Concrete Trench 3,433.00$ 3,543.00$ 5,150.00$ 5,315.00$ County Road Permit N/A N/A Cost Cost Water Meter Installation 3/4" & 1" 236.00$ 161.00$ 236.00$ 242.00$ 1-1/2" & 2" 243.00$ 256.00$ 243.00$ 384.00$ 3" and greater Actual Time, Materials & Equipment 4 of 9 2019 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2020 2020 Field Services (continued)Inside Outside Water Meter Reactivation 53.00$ 66.00$ 53.00$ 99.00$ Water Meter Reinstallation 161.00$ 149.00$ 242.00$ Water Meter Deactivation 66.00$ 149.00$ 99.00$ Water Meter Tampering Tampering Fee 426.00$ 458.00$ 426.00$ 687.00$ Tampering Repair Fire Service - Detector, Meter & MXU 602.00$ 613.00$ 602.00$ 920.00$ Storz Adapter 290.00$ 323.00$ 290.00$ 485.00$ Water Service Turn-off/Turn-on (Customer Request) Regular Hours 53.00$ 66.00$ 53.00$ 99.00$ After Hours 261.00$ 285.00$ 261.00$ 428.00$ Delinquency Notice 22.00$ 23.00$ N/A N/A Water Service Turn-off/Turn-on (Delinquent Accounts) Regular Hours 106.00$ 114.00$ N/A N/A After Hours 261.00$ 285.00$ 261.00$ 428.00$ Flow and Pressure Test (Uncertified) 3/4" & 1" meters only 106.00$ 114.00$ 106.00$ 171.00$ 1-1/2" & 2" meters only 193.00$ 209.00$ 193.00$ 314.00$ Larger than 2" Meter Test Fee (based on meter size) 3/4" & 1" 236.00$ 256.00$ 236.00$ 384.00$ 1-1/2" & 2" 323.00$ 351.00$ 323.00$ 527.00$ 3" or greater Utility Plant Locates Regular Hours N/C N/C N/C N/C After Hours 260.00$ 285.00$ 260.00$ 428.00$ Emergency N/C N/C N/C N/C Utility Compliance Specialist Inspection 106.00$ 114.00$ 106.00$ 171.00$ Administration Fee 43.00$ 47.00$ 43.00$ 71.00$ Utility Labor Rate Hourly (Eqp not included) 87.00$ 95.00$ 87.00$ 143.00$ Actual Time, Materials & Equipment Actual Time, Materials & Equipment Actual Time, Materials & Equipment 5 of 9 2019 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2020 2020 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Inside Outside Meter Size 5/8 x 3/4 inches 14.30$ 14.73 21.44$ 22.08$ 1 inch 16.34$ 16.83 24.52$ 25.26$ 1 1/2 inch 23.23$ 23.93 34.85$ 35.90$ 2 inch 31.21$ 32.15 46.81$ 48.21$ 3 inch 59.22$ 61.00 88.82$ 91.48$ 4 inch 110.04$ 113.34 165.05$ 170.00$ 6 inch 391.24$ 402.98 586.86$ 604.47$ 8 inch 1,429.13$ 1,472.00 2,143.71$ 2,208.02$ 10 inch 5,097.10$ 5,250.01 7,645.63$ 7,875.00$ 12 inch 19,161.62$ 19,736.47 28,742.42$ 29,604.69$ Residential Commodity Charge (per HCF) Per HCF/Month 2.47$ 2.54 3.70$ 3.81 Non - Residential Commodity Charge (per HCF) 2.23$ 2.30 3.34$ 3.44 Fire Protection - Monthly Service Charge Service Size 1 inch 29.67$ 30.56 44.49$ 45.82 1 1/2 inch 44.65$ 45.99 66.97$ 68.98 2 inch 58.05$ 59.79 87.07$ 89.68 3 inch 63.95$ 65.87 95.95$ 98.83 4 inch 69.72$ 71.81 104.57$ 107.71 6 inch 87.02$ 89.63 130.52$ 134.44 8 inch 115.85$ 119.33 173.78$ 178.99 10 inch 162.12$ 166.98 243.19$ 250.49 12 inch 231.60$ 238.55 347.41$ 357.83 Commodity Charge (per HCF) 4.47$ 4.60 6.70$ 6.90 - For Usage Other Than Firefighting Low-Income (1) Senior and Low-Income(1) Disabled Citizen - Monthly Service Charge Base Charge (per account) 5/8" x 3/4" 14.30$ 14.73 21.44$ 22.08 Base Charge (per account) 1" 16.34$ 16.83 24.52$ 25.26 Commodity Charge 0 - 5 HCF/Month Over 5 HCF/Month 2.47$ 2.54 3.70$ 3.81 Temporary/Construction Meter 1" Meter Deposit 400.00$ 500.00 400.00$ 750.00$ Base Fee (per month) 16.34$ 16.83 16.34$ 25.26 Set Up Fee & Removal Fee 342.00$ 342.00 342.00$ 513.00$ No Charge No Charge 6 of 9 2019 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2020 2020 RETAIL WATER SERVICE RATES (CONTINUED)Inside Outside Temporary/Construction Meter (continued) Hydrant meter (3" Meter) Deposit 2,856.00$ 3,000.00 2,856.00$ 4,500.00$ Base Fee (per month) 59.22$ 61.00 59.22$ 91.50$ Set Up Fee 342.00$ 342.00 342.00$ 513.00$ Equipment Loss/Damage Commodity Charge (per HCF) 2.23$ 2.30 3.34$ 3.44 City Parks and Recreation Dept. - Irrigation Commodity Charge (per HCF)1.12$ 1.15 Gold Mountain Golf Course Complex - Irrigation Commodity Charge (per HCF)1.51$ 1.56 RETAIL WASTEWATER SERVICE RATES Inside Outside Monthly Service Charge Single Family Base Charge (per account)36.15$ 37.23 54.22$ 55.85 Commodity Charge (per HCF)4.85$ 5.00 7.27$ 7.49 Duplex on 1 Meter or 2 Bldgs. on 1 Meter Base Charge (per unit)28.62$ 29.48 42.94$ 44.23 Commodity Charge (per HCF)4.85$ 5.00 7.27$ 7.49 Multi - Family Base Charge (per unit)28.62$ 29.48 42.94$ 44.23 Commodity Charge (per HCF)4.85$ 5.00 7.27$ 7.49 Low-Income (1) Senior and Low-Income(1) Disabled Citizen Base Charge (per account)22.42$ 23.09 34.06$ 35.08 Commodity Charge (per HCF) 0 - 10 HCF/Month Over 10 HCF/Month 4.85$ 5.00 7.27$ 7.49 Commercial I Base Charge (per account)53.44$ 55.04 80.16$ 82.56 Commodity Charge (per HCF)5.00$ 5.15 7.49$ 7.71 Commercial II Base Charge (per account)53.83$ 55.44 80.74$ 83.16 Commodity Charge (per HCF) 6.40$ 6.59 9.60$ 9.89 Commercial III Base Charge (per account) 54.36$ 55.99 81.55$ 84.00 Commodity Charge (per HCF) 7.82$ 8.05 11.72$ 12.07 No Charge No Charge Actual Time, Materials & Equipment 7 of 9 2019 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2020 2020 RETAIL WASTEWATER SERVICE RATES (CONTINUED) Monthly Service Charge Inside Outside Commercial IV Base Charge (per account) 54.89$ 56.54 82.34$ 84.81 Commodity Charge (per HCF) 9.23$ 9.51 13.84$ 14.26 Commercial V Base Charge (per account) 60.38$ 62.19 90.59$ 93.31 Commodity Charge (per HCF) 11.54$ 11.89 17.31$ 17.83 Commercial VI Base Charge (per account) 66.41$ 68.40 99.63$ 102.62 Commodity Charge (per HCF) 14.42$ 14.85 21.63$ 22.28 Commercial VII Base Charge (per account) 73.06$ 75.25 109.59$ 112.88 Commodity Charge (per HCF) 16.84$ 17.35 25.27$ 26.03 Commercial Special Base Charge (per account) 80.36$ 82.77 120.54$ 124.16 Commodity Charge (per HCF) 22.54$ 23.22 33.78$ 34.79 Beverage Production Base Charge (per account) 54.36$ 55.99 81.55$ 84.00 Commodity Charge (per HCF) 5.08$ 5.23 7.61$ 7.84 Commercial Fountains - Separately Metered Base Charge (per account) 53.44$ 55.04 80.16$ 82.56 Commodity Charge (per HCF) 1.65$ 1.70 2.47$ 2.54 Septage Disposal (per gallon of tank capacity) 0.27$ 0.28 0.40$ 0.41 Leachate Per Gallon of Tank Capacity Individual Residential Grinder Pumps Grinder Pump Surcharge 11.65$ 12.00 17.48$ 18.00 Low-Income (1) Senior and Low-Income(1) Disabled Citizen Grinder Pump Surcharge 8.74$ 9.00 13.11$ 13.50 RETAIL STORMWATER RATES Monthly Service Charge Inside Outside Residential I (Single Family/Duplex) Base Charge (per account) 16.17$ 17.54 N/A N/A Exception: Duplex with 2 Meters (per account) 8.13$ 8.77 N/A N/A 8 of 9 2019 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2020 2020 RETAIL STORMWATER RATES (CONTINUED) Monthly Service Charge Inside Outside Residential II - SW Impact Fee (per IHSU) 50% of the Res I Base Charge 8.08$ 8.77 N/A N/A Residential III - SW Impact Fee (per IHSU) 100% of the Res I Base Charge 16.17$ 17.54 N/A N/A Commercial I Base Charge (per IHSU) 16.17$ 17.54 N/A N/A Commercial II - SW Impact Fee (per IHSU) 50% of the Comm I Base Charge 8.08$ 8.77 N/A N/A Commercial III - SW Impact Fee (per IHSU) 100% of the Comm I Base Charge 16.17$ 17.54 N/A N/A Public School Districts (per account) 16.17$ 17.54 N/A N/A Low-Income (1) Senior and Low-Income(1) Disabled Citizen Base Charge (per account) 9.84$ 10.68 N/A N/A Multi - Family & Commercial Rate Adjustment Water Quality (per IHSU) 1.79$ 1.94 N/A N/A Water Quantity (per IHSU) 5.40$ 5.86 N/A N/A Stormwater Penalty New Multi - Family & Commercial development without on-site detention Charge (per IHSU) 3.58$ 3.88 N/A N/A (1) Low-Income defined as Gross Earned Income of $40,000 or less *Pavement Restoration Charge May Also Be Assessed ** Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate (above). *** Does not apply to single family residence or duplex construction on an existing established lot. **** (Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final 9 of 9 CITY OF BREMERTON WATER FLAT USAGE INC HCF COST 12 HCF TOTAL 2019 RATES 28.59$ 0 2.47$ 29.64$ 58.23$ eff 1/1/19 BI‐MONTHLY SEWER FLAT 72.31$ 0 4.85$ 58.20$ 130.51$ eff 1/1/19 STORMWATER 32.33$ 32.33$ eff 1/1/19 monthly 110.54$ bi‐monthly 221.07$ CITY OF BREMERTON WATER FLAT USAGE INC HCF COST 12 HCF TOTAL 2020 RATES 29.46$ 0 2.54$ 30.48$ 59.94$ eff 1/1/20 BI‐MONTHLY SEWER FLAT 74.46$ 0 5.00$ 60.00$ 134.46$ eff 1/1/20 #5 LOWEST STORMWATER 35.08$ 35.08$ eff 1/1/20 monthly 114.74$ bi‐monthly 229.48$ 12 HCF = HCF COST ADDITIONAL CITY OF PORT ORCHARD WATER FLAT USAGE INC IN GAL >5000 TOTAL 2019 Rates 74.50$ 0‐5000 gal 3,976 3.35$ 13.32$ 87.82$ eff 1/1/20 BI‐MONTHLY SEWER FLAT 150.00$ 150.00$ eff 1/1/20 HIGHEST RATES STORMWATER 28.00$ 28.00$ 6/1/2015 monthly 132.91$ bi‐monthly 265.82$ 12 HCF = HCF COST ADDITIONAL CITY OF PORT ORCHARD WATER FLAT USAGE INC IN GAL >5000 TOTAL 2020 Rates 81.50$ 0‐5000 gal 3,976 3.65$ 14.51$ 96.01$ eff 1/1/19 BI‐MONTHLY SEWER FLAT 163.00$ 163.00$ eff 1/1/19 HIGHEST RATES STORMWATER 28.00$ 28.00$ 6/1/2015 monthly 143.51$ bi‐monthly 287.01$ CITY OF GIG HARBOR WATER FLAT USAGE INC PER HCF 12 HCF BI‐MONTHLY 38.88$ 0 2.54$ 30.48$ 69.36$ eff 1/1/19 SEWER 77.78$ 0 4.78$ 57.36$ 135.14$ eff 1/1/19 #4 HIGHEST STORM 28.84$ 28.84$ eff 1/1/19 monthly 116.67$ bi‐monthly 233.34$ ** CITY OF POULSBO WATER FLAT USAGE INC PER HCF 12 HCF BI‐MONTHLY 31.12$ 0 2.18$ 26.16$ 57.28$ eff 1/1/19 SEWER 106.84$ 4 HCF 7.00$ 56.00$ 162.84$ eff 1/1/19 #2 HIGHEST STORMWATER 36.16$ 36.16$ eff 1/1/19 monthly 128.14$ bi‐monthly 256.28$ CITY OF BAINBRIDGE WATER FLAT USAGE INC 0‐5 HCF 6‐12 HCF 12 HCF BI‐MONTHLY 23.18$ 0 1.17$ 1.89$ 19.08$ 42.26$ eff 7/1/19 SEWER #3 HIGHEST 85.38$ 0 7.28$ 87.36$ 172.74$ eff 7/1/19 STORMWATER On tax statement 1/2018 31.68$ 31.68$ eff 1/1/19 monthly 123.34$ bi‐monthly 246.68$ RATED #1 HIGHEST TO #5 LOWEST **Rates do not include state and city taxes 2019/2020 RATE COMPARISON FOR CITIES NEAR BREMERTON $221.07 $229.48 $233.34 $246.68 $256.28 $265.82 $287.01 Bremerton 2019Bremerton 2020Gig Harbor 2019Bainbridge 2019Poulsbo 2019Port Orchard 2019Port Orchard 2020Combined Bi‐Monthly Utility Rate ComparisonRates based on single family residence and assumes 12 HCF of usage/discharge per bi‐monthly cycle8% increase3.8% increase AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing for Edward Byrne Memorial Justice Assistance Grant (JAG) Study Session Date: November 13, 2019 COUNCIL MEETING Date: November 20, 2019 Department: Police Presenter: Jim Burchett Phone: (360) 473-5225 SUMMARY: The Bremerton Police Department is applying for the local solicitation of the Edward Byrne Memorial Justice Assistance Grant (JAG). Since 2010, funding has been used to help fund the salary for the position of the Community Resource Specialist. The grant will allow the City to continue the Community Resource Unit and its crime prevention function and programs. The grant is from the Department of Justice. No matching funds are required of the City. The total grant amount is $20,200. ATTACHMENTS: 1) 2020 Edward Byrne Memorial Justice Assistance Grant Application; and 2) Addendum 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 approve the Edward Byrne Memorial Justice Assistance Grant; and to 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 01/02/18 7A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 13. 2019 Public Hearing on Ordinance No. 5385 granting a Franchise Agreement with Puget Sound Energy (PSE) COUNCIL MEETING Date: November 20, 2019 Department: PW&U Engineering Presenter: Ned Lever Phone: (360) 473-2398 SUMMARY: The proposed ordinance grants Puget Sound Energy, Inc. the right, privilege, authority and franchise to install and maintain their facilities within and upon the City’s rights-of-way for purposes of transmission, distribution, and sale of energy for power, heat, light, and any other purpose for which energy can be used; and to charge and collect tolls, rates, and compensation for such energy and such uses. The terms updated in this Franchise Agreement are section 5, the Indemnification and Insurance requirements, and section 9, Term of the agreement. ATTACHMENTS: 1) Ordinance No. 5385 (Corrected); and 2) Franchise Agreement FISCAL IMPACTS (Include Budgeted Amount): No change; per RCW 35.21.860 no city or town may impose a franchise fee or any other fee or charge…upon the light and power…businesses, as defined in RCW 82.16.010. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No. 5385 granting a Franchise Agreement with Puget Sound Energy; 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 7B 1 Puget Sound Energy Franchise ORDINANCE NO. 5385 AN ORDINANCE, in accordance with Article IX of the Charter of the City of Bremerton, granting Puget Sound Energy, Inc., a Washington corporation, the right, privilege, authority and franchise to set, erect, construct, support, attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used; and to charge and collect tolls, rates and compensation for such energy and such uses. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. 1.1 Where used in this franchise (the "Franchise") the following terms shall mean: 1.1.1 "PSE" means Puget Sound Energy, Inc., a Washington corporation, and such successors and assigns as are approved by the City pursuant to this Franchise Ordinance. 1.1.2 "City" means the City of Bremerton, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.1.3 "Franchise Area" means any, every and all of the roads, streets, avenues, alleys, highways, and public rights-of-way as now laid out, platted, dedicated or improved; and any, every and all roads, streets, avenues, alleys, highways and public rights-of-way, that may hereafter be laid out, platted, dedicated or improved within the present limits of the City and as such limits may be hereafter extended. “Franchise area” does not, however, include any other public property owned in whole or in part, leased or otherwise occupied by the City. 1.1.4 "Facilities" means poles (with or without crossarms), wires, lines, conduits, cables, communication and signal lines, braces, guys, anchors, vaults and all necessary or convenient facilities and appurtenances thereto whether the same be located over or under ground. 1.1.5 "Ordinance" means this Ordinance which sets forth the terms and conditions of this Franchise. SECTION 2. FACILITIES WITHIN FRANCHISE AREA. 2.1 Pursuant and subject to the City Charter, the City does hereby grant to PSE the right, privilege, authority and franchise to: 2 Puget Sound Energy Franchise 2.1.1 Set, erect, construct, support, attach, connect and stretch Facilities between, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of transmission, distribution and sale of energy for power, heat, light and any other purpose for which energy can be used; and 2.1.2 To charge and collect tolls, rates and compensation for such energy and such uses. 2.2 This Franchise does not allow PSE the right to use the Franchise Area for any purpose other than the transmission, distribution and sale of electricity, or to install any facilities in the Franchise Area other than the Facilities described herein. 2.3 PSE shall comply with all applicable federal, state and local laws (including, but not limited to, the lawful exercise of the City’s general police powers) in connection with the exercise of its rights under this Franchise. Notwithstanding the foregoing, this Franchise shall supersede, govern and control any ordinance, rule, plan, policy, resolution, regulation or other directive of the City to the extent any such ordinance, rule, plan, policy, resolution, regulation or other directive conflicts with, or is inconsistent with, the terms and conditions of this Franchise. 2.4 PSE's Facilities shall be maintained within the Franchise Area so as not to unreasonably interfere with the use of the Franchise Area by the City and by the general public and in accordance with the laws of the State of Washington and the City of Bremerton. 2.5 PSE shall obtain all necessary permits and approvals from the City and all other agencies with jurisdiction and shall comply with all applicable City or state codes, rules, regulations, standards and procedures, as now or hereafter amended, to the same extent as any other person or entity doing business within the City, except as otherwise provided by this Franchise. SECTION 3. RESTORATION OF FRANCHISE AREA. 3.1 When PSE or any person acting on its behalf does any work in or affecting the Franchise Area, it shall, at its own expense, promptly remove any obstructions therefrom and restore, to the City’s reasonable satisfaction, such Franchise Area to as good a condition or better as existed before the work was undertaken, unless otherwise directed by the City. Recorded survey monuments shall be restored in accordance with applicable ordinances or laws. 3.2 If weather or other conditions do not permit the complete restoration required by this Section, PSE shall temporarily restore the Franchise Area. Such temporary restoration shall be at PSE’s sole expense and PSE shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 3.3 PSE or other person acting in its behalf within the Franchise Area shall use suitable barricades, flags, flag persons, lights, flares, and other measures as required by applicable law for the safety of all members of the general public. 3 Puget Sound Energy Franchise 3.4 The Director of Public Works and Utilities, or designee, shall be responsible for inspection and final approval of the condition of the Franchise Area following any construction and restoration activities therein, according to City engineering standards. 3.5 Except in the case of emergencies as determined by the City, cutting of pavement shall be prohibited a) in a newly constructed, reconstructed or resurfaced street for a period of five (5) years from the paving of such street, or b) in a street where a trench was previously available due to construction or other similar activities, for a period of three (3) years from the date the trench was available when in each instance, PSE was given reasonable prior notice to perform work in the Franchise Area. The City may require that PSE facilities be located within existing underground ducts or conduits wherever the capacity exists. Provided, however, the Director of Public Works and Utilities, or designee, may in his or her discretion permit pot-holing (subject to conditions to alleviate the harmful effects) where conduit is to be placed underground by means of directional boring and the person seeking permission has provided evidence satisfactory to the Director of Public Works and Utilities, or designee, that (a) such pot-holing is necessary to avoid interference with existing utilities; (b) such pot-holing is the only reasonable alternative available to locate existing utilities and (c) such pot-holing will result in little or no visual or other detrimental impact to the street. 3.6 Any and all property in the Franchise Area that is disturbed or damaged during the construction, operation, repair or removal of any PSE Facility shall be promptly repaired by PSE. The property must be restored to the satisfaction of the City and to a condition as good as or better than, and for street and sidewalk cuts, to a condition as good as before the disturbance or damage occurred. 3.7 PSE shall repair as needed all property in the Franchise Area restored as a result of any activity pursuant to Section 3, (which may consist of curb, gutter, sidewalk, pavement, or other restored appurtenances), in a condition as good as or better than, the condition of the adjacent undisturbed property in the Franchise Area to the extent such repair is required as a result of the restored area being defective or otherwise inferior to the adjacent untouched or undisturbed area as a result of PSE’s activities in the Franchise Area. SECTION 4. RELOCATION OF FACILITIES. 4.1 Whenever the City causes a public right of way improvement to be undertaken within the Franchise Area, and such public right of way improvement requires the relocation of PSE's then existing Facilities within the Franchise Area (for purposes other than those described in paragraph 4.2 below), the City shall: 4.1.1 Provide PSE, within a reasonable time prior to the commencement of such public right of way improvement, written notice requesting such relocation; and 4.1.2 Provide PSE with reasonable plans and specifications for such public right of way improvement. After receipt of such notice and such plans and specifications, PSE shall relocate such Facilities within the Franchise Area at no charge to the City. If the City requires the subsequent relocation 4 Puget Sound Energy Franchise of any Facilities within five (5) years from the date of relocation of such Facilities pursuant to this Section 4.1, the City shall bear the entire cost of such subsequent relocation. As used in this Section 4, the term “public right of way improvement” includes an improvement identified in the City’s six-year Transportation Improvement Program or the City’s Capital Improvement Plan. 4.2 Whenever (i) any public or private development within the Franchise Area, other than a public right of way improvement, requires the relocation of PSE's Facilities within the Franchise Area to accommodate such development; or (ii) the City requires the relocation of PSE's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, PSE shall have the right as a condition of such relocation, to require such developer, person or entity to make payment to PSE, at a time and upon terms acceptable to PSE, for any and all costs and expenses incurred by PSE in the relocation of PSE's Facilities. 4.3 Any condition or requirement imposed by the City upon any third party (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development) which necessitates the relocation of PSE’s Facilities within the Franchise Area shall be deemed a condition or requirement causing relocation of PSE's Facilities to occur subject to the provisions of Subsection 4.2 above; provided, however: 4.3.1 If the City reasonably determines, and notifies PSE in writing of such determination, that the primary purpose of imposing such condition or requirement upon such person or entity is to cause, on the City’s behalf, a public street improvement within the Franchise Area, then relocation will be pursuant to Section 4.1 above. 4.4 Nothing in this Section 4 “Relocation of Facilities” shall require PSE to bear any cost or expense in connection with the location or relocation of any Facilities then existing under benefit of easement or such other private property rights. 4.5 The conversion to underground service shall be pursuant to Section 12. SECTION 5. INDEMNIFICATION AND INSURANCE. 5.1 Indemnification. 5.1.1 PSE shall defend, indemnify, and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, demands, injuries, damages, losses or suits, including all legal costs and attorney fees, made against it on account of injury or damage to the person or property of another, to the extent such injury or damage results, or is alleged to result, from the negligent or intentional acts or omissions of PSE, its officers, officials, employees, agents and volunteers, in connection with the exercise of the rights granted to PSE in this Franchise, including, but not limited to, the construction, inspection, maintenance, or operation of PSE Facilities, or the placement or location of it’s Facilities in the Franchise Area. In the event any such claim or demand is presented to or filed with the City, the City shall promptly notify PSE thereof. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege or authority granted by or exercised pursuant to this Franchise when the City determines that such participation is 5 Puget Sound Energy Franchise required to protect the interests of the City or the public. The cost of such additional City participation shall be borne by the City. PSE's obligation to indemnify the City shall not apply to any claim, demand, injury, loss or suit that is caused by or arises out of the sole negligence of the City, its officers, officials, employees, agents and volunteers. Upon indemnification and defense of the City, PSE shall have the right, at its election and at its sole cost and expense, to settle and compromise such claim or demand, provided further, that in the event any suit or action be begun against the City based upon any such claim or demand, the City shall likewise promptly notify PSE thereof, and PSE shall have the right, at its election and sole cost and expense, to settle and compromise such suit or action, or defend the same at its sole cost and expense, by attorneys of its own election. 5.1.2 Inspection or acceptance by the City of any work performed pursuant to this Franchise in the Franchise Area by PSE, its agents, servants, contractors, officers, or employees, during or at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. 5.1.3 In the event that PSE refuses a tender of defense under subsection 5.1.1 above, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the PSE, then PSE shall pay the City's reasonable attorneys’ fees incurred in connection with the wrongful refusal of such tender (in addition to, and without limitation of, such other costs and expense as are determined by such court or tribunal as being within the scope of subsection 5.1). 5.1.4 As to claims made pursuant to Section 5.1, such claims shall survive the expiration or termination of this Franchise. 5.1.5 The City shall not be liable to PSE for any damage to or loss caused b y the City of any PSE Facilities within the Franchise Area as a result of or in connection with any public works, public improvements, construction, excavating, grading, filling, or other City work except to the extent such loss is attributable to intentional acts or omissions or the gross negligence of the City; provided that in no event shall the City be responsible for consequential damages, including, but not limited to, lost profits or business interruption. 5.2 Insurance. 5.2.1 PSE shall maintain for the duration of this Franchise, insurance or self- insurance against claims for injuries to persons or damage to property that may arise from or in connection with the exercise of franchise rights by PSE, its agents, representatives, employees, contractors or volunteers. PSE shall provide and keep current a certificate of insurance evidencing: Commercial general liability insurance limits no less than $3,000,000 per occurrence and $5,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include blanket contractual, 6 Puget Sound Energy Franchise products/completed operations, broad form property damage, and explosion, collapse and underground (XCU); Automobile liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 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. The City, its officials, employees, agents and volunteers, shall be included as an additional insured, as respects work performed by or on behalf of PSE, and a copy of the endorsement including the City as additional insured shall be attached to the certificate of insurance. PSE’s insurance shall be primary and non-contributory 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. The City shall be given thirty (30) calendar days prior written notice of any cancellation, suspension or material change in coverage. In lieu of the insurance requirements set forth in this Section 5, PSE may self-insure against such risks in such amounts as are consistent with good utility practice and the coverage amounts specified above. Upon the City's request, PSE shall provide the City with reasonable written evidence that PSE is maintaining such self-insurance. . SECTION 6. MOVING BUILDINGS WITHIN THE FRANCHISE AREA. 6.1 If any person or entity obtains permission from the City to use the Franchise Area for the moving or removal of any building or other object, the City shall, prior to granting such permission, require such person or entity to make any necessary arrangements with PSE for the temporary adjustment of PSE's wires to accommodate the moving or removal of such building or other object. Such necessary arrangements with PSE shall be made, to PSE’s reasonable satisfaction, not less than fourteen (14) days prior to the moving or removal of said building or other object. In such event, PSE shall at the expense of the person or entity desiring to move or remove such building or other object, adjust any of its wires which may obstruct the moving or removal of such building or other object. SECTION 7. REVOCATION OF FRANCHISE. 7.1 This Franchise may be revoked and all rights therein forfeited by the City if PSE shall fail to comply with the terms and conditions of this Franchise. Without limiting the generality of the foregoing, the City may initiate a proceeding to revoke this Franchise if it believes that any one or more of the following actions by PSE constitute a breach of this Franchise: 7 Puget Sound Energy Franchise 7.1.1 Construction or operation of Facilities in the Franchise Area without a franchise, in a manner that is inconsistent with this Franchise; 7.1.2 Construction or operation of Facilities in the Franchise Area at an unauthorized location within the Franchise Area so as to be inconsistent with this Franchise; 7.1.3 Unauthorized assignment of this Franchise by PSE, in a manner that is inconsistent with this Franchise; 7.1.4 Material misrepresentation of fact by or on behalf of PSE upon which the City relies in making a decision to grant, review or amend this Franchise; 7.1.5 Abandonment of Facilities in the Franchise Area, in a manner that is inconsistent with this Franchise; 7.1.6 Failure to relocate Facilities in accordance with this Franchise; or 7.1.7 Violation of any other material provision of this Franchise. 7.2 In the event that the City believes that grounds exist for revocation of the Franchise, PSE shall be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing PSE a reasonable period of time not exceeding thirty (30) days to furnish evidence: 7.2.1 That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; or That rebuts the alleged violation or noncompliance; 8 Puget Sound Energy Franchise 7.3 In the event that PSE fails to provide evidence reasonably satisfactory to the City as provided in Subsection 7.2 above, the City shall refer the apparent violation or non- compliance to the City Council. The City Council shall provide PSE with notice and a reasonable opportunity to be heard concerning the matter. 7.4 If the City Council determines that PSE willfully violated or failed to comply with the terms and conditions of this Franchise through willful misconduct or gross negligence or failed to heed or comply with any notice given PSE by the City under the provisions of this Franchise, then upon order of the City Council, this Franchise may be revoked and all rights therein forfeited. 7.5 The foregoing provisions of subsections 7.1 through 7.4 (pertaining to certain remedies afforded the City in the event of a breach of this Franchise by PSE) are in addition to, and not a limitation of, any and all right and remedies afforded a party in the event of a default by the other party. Without limiting the generality of the foregoing, if a party shall be in default of its obligations under this Franchise, the other party may secure an order of specific enforcement of the defaulting party’s obligations under this Franchise from the Superior Court. SECTION 8. NONEXCLUSIVE FRANCHISE. 8.1 This Franchise is not and shall not be deemed to be an exclusive Franchise. This Franchise shall not in any manner prohibit the City from granting other and further franchises over, upon, and along the Franchise Area which do not interfere with PSE's rights under this Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. SECTION 9. FRANCHISE TERM. 9.1 This Franchise is and shall remain in full force and effect for a period of ten (10) years from and after the effective date of the Ordinance, provided, however, PSE shall have no rights under this Franchise nor shall PSE be bound by the terms and conditions of this Franchise unless PSE shall, within sixty (60) days after the effective date of the Ordinance, file with the City its written acceptance of the Ordinance. SECTION 10. ASSIGNMENT. 10.1 This Franchise may not, directly or indirectly, be transferred, assigned or disposed of in any manner by PSE except as provided by RCW 80.12.020 (collectively, “Assignment”) 9 Puget Sound Energy Franchise 10.2 Without limiting the generality of the foregoing and to the extent consistent with applicable law, an assignment, in whole or in part, shall be subject to the City’s prior written consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, the City hereby consents to PSE’s mortgage of this Franchise to the trustee for its bondholders. SECTION 11. HERBICIDES. 11.1 PSE shall not apply any herbicide within the Franchise Area without providing the City fourteen (14) days prior written notice of such application, unless the parties agree to a different term, or the City gives a blanket approval as part of a periodic program of spraying. PSE shall post the relevant portion of the Franchise Area at least 8 days prior to any spraying with notice of intended spraying. Nothing herein is intended or shall be construed to relieve PSE of any and all other requirements of applicable law relating to the application of herbicides. SECTION 12. UNDERGROUND AND NEW INSTALLATION OF DISTRIBUTION FACILITIES. 12.1 The City may by written notice to PSE, request PSE to underground its existing distribution Facilities (of 15,000 volts or less) within the Franchise Area improved by the City; provided, that such conversion of PSE’s existing Facilities shall be accomplished in accordance with PSE’s applicable schedules and tariffs on file with the Washington Utilities and Transportation Commission or its successor, more specifically as applicable, UTC Tariff G, Schedule 74 as enacted and hereinafter amended. 12.2 If PSE elects to install new overhead distribution Facilities (of 15,000 volts or less) within the Franchise Area or a new extension of existing overhead distribution Facilities within the Franchise Area, PSE will provide written notice to the City. The City may by written notice to PSE, request PSE to install such Facilities underground within the Franchise Area; provided, that such installation underground of PSE’s Facilities shall be accomplished in accordance with PSE’s applicable schedules and tariffs on file with the Washington Utilities and Transportation Commission or its successor, more specifically as applicable, PSE Electric Tariff G, Schedule 74 as enacted and hereinafter amended. 12.3 PSE shall submit design drawings of all underground installations showing the location of all existing utilities using best available information with proposed clearances within the right of way to the City Engineer for City review. Upon completion of construction of such underground installation, PSE shall, within thirty (30) days, submit as-built drawings to the City Engineer for City records. 10 Puget Sound Energy Franchise SECTION 13. RIGHT OF CITY TO USE PSE’S POLES. 13.1 During the term of this Franchise, the City may, subject to PSE's prior written consent which shall not be unreasonably withheld, install and maintain City-owned overhead wires for traffic signalization and non-commercial City communication systems (including, but not limited to, data, phone and video) and may install and maintain City-owned street lights upon PSE's poles located within the Franchise Area without charge. The foregoing rights of the City to install and maintain such wires, and street lights are further subject to the following: 13.1.1 The City shall perform such installation and maintenance at its sole risk and expense in accordance with all applicable laws and in accordance with such reasonable terms and conditions as PSE may specify SECTION 14. RECORDS OF INSTALLATION. 14.1. PSE shall provide the City, upon the City's reasonable request, copies of available drawings in use by PSE showing the location of its Facilities within the Franchise Area. As to any such drawings so provided, PSE does not warrant the accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are shown in their approximate location. With respect to any excavations within the Franchise Area undertaken by or on behalf of PSE or the City, nothing herein is intended (nor shall be construed) to relieve either party of their respective obligations arising under applicable law with respect to determining the location of utility facilities. SECTION 15. STREET LIGHTING. 15.1 PSE shall provide street lighting services as requested by the City in accordance with applicable schedules and tariffs now on file or hereafter amended with the Washington Utilities and Transportation Commission (or such other regulatory agency having jurisdiction). Additionally, PSE shall provide proper maintenance and prompt customer service to the City with respect to the providing of street lighting service to the City. 15.2 The City reserves the right to install and maintain street lights on PSE poles pursuant to Section 13. No reasonable request by the City for City installation of City-owned street lights will be denied by PSE. 15.3 The City reserves the right to purchase any and all street light systems on PSE poles for market value to be negotiated by the parties. 15.4 By March 1 of each year, PSE shall provide to the City a current inventory of all street lighting fixtures showing all additions and deletions together with updated utility maps showing the location of each PSE-owned street light for which the City is responsible for payment. 11 Puget Sound Energy Franchise SECTION 16. FRANCHISE FEE. 16.1 The parties understand that the restrictions of RCW 35.21.860 forbid the imposition of a franchise fee. If at any time the restrictions of this statute should be removed or modified, the City may seek to amend this Franchise in accordance with Subsection 23.1 below. SECTION 17. CHARGE FOR ADMINISTRATIVE COSTS. 17.1 As provided in RCW 35.21.860, the City may recover from PSE actual administrative expenses incurred by the City that are directly related to: (i) receiving and approving a permit, license or this Franchise, (ii) inspecting plans and construction, or (iii) preparing a detailed statement pursuant to Chapter 43.21C RCW. SECTION 18. RIGHTS GRANTED. 18.1 No authorization granted under this Ordinance shall convey any right, title or interest in the public ways, but shall be deemed an authorization only to use and occupy the public ways in accordance with RCW 80.32.010. Further, this Ordinance shall not be construed as any warranty of title. SECTION 19. REPAIR AND EMERGENCY WORK. 19.1 In the event of an unexpected repair or emergency within the Franchise Area for which a permit has not been obtained in accordance with Bremerton Municipal Code (BMC) as now or hereafter amended and which such work is not otherwise within the scope of the exemption authorized by the BMC, PSE may commence such repair and emergency response work as required under the circumstances, provided PSE shall notify the City as promptly as possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable. The provisions of this section do not relieve PSE from the requirement to obtain permits and approvals from the City and all other agencies with jurisdiction as set forth is Section 2.5. SECTION 20. MAINTENANCE OF FACILITIES. 20.1 PSE shall maintain its Facilities within the Franchise Area in a manner that complies with all applicable federal, state and local requirements. Additionally, PSE shall provide reasonable maintenance of PSE Facilities, including poles, to prevent deterioration of 12 Puget Sound Energy Franchise equipment and service and provide prompt customer response to both the City and the public with respect to deficiencies or failure of Facilities in providing such service. 20.2 Nuisance poles and other Facilities shall be defined, identified and further shall be removed, replaced, relocated or otherwise remedied pursuant to BMC 11.02.270 as currently enacted and as hereinafter amended. 20.3 Replacement of PSE Facilities shall not constitute a requirement that the City upgrade its existing attached equipment or facilities provided transfer of such existing equipment or facilities may be reasonably accommodated on PSE’s new Facility. SECTION 21. SHARED USE OF EXCAVATIONS. 21.1 Shared use of excavations shall be pursuant to BMC 11.02.170 as currently enacted or as hereinafter amended. SECTION 22. HEADINGS. 22.1 The headings of sections and paragraphs of this Franchise are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. SECTION 23. AMENDMENTS. 23.1 Except as provided in this paragraph 23.1, this Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, Section 5.1 above) shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise) by PSE of any and all rights, benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval, license, agreement or other document specifically: 23.1.1 references this Franchise; and 23.1.2 states that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. 13 Puget Sound Energy Franchise In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control. SECTION 24. TARIFFS. 24.1 This Franchise is subject to the provisions of any applicable tariff now or hereafter on file with the Washington Utilities and Transportation Commission or its successor, as construed by any court with jurisdiction on appeal or otherwise. In the event of any conflict or inconsistency between the provisions of this Franchise and such tariff, the provisions of such tariff shall control. 24.1.1 All notices of proposed applicable tariff adjustments, changes, alterations, and additions filed with the Washington Utilities and Transportation Commission by PSE shall be mailed concurrently to the City of Bremerton, to the attention of the Director of Public Works and Utilities. SECTION 25. PRIOR FRANCHISE SUPERCEDED. 25.1 This Franchise shall supercede all prior franchises granted to PSE or its predecessors by the City. SECTION 26. SEVERABILITY. 26.1 If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 27. EFFECTIVE DATE. 27.1 This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the________ day of ____________________, 2019 PASSED by the City Council the___________ day of ____________________, 2019 _________________________________ ERIC YOUNGER, Council President 14 Puget Sound Energy Franchise Approved this ________ day of ________________________, 2019 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2019 EFFECTIVE the_________day of ______________________, 2019 ORDINANCE NO. ____________ 15 Puget Sound Energy Franchise CITY COUNCIL CITY OF BREMERTON, WASHINGTON In the matter of the application : of Puget Sound Energy, Inc., a : Franchise Ordinance No. _____ Washington corporation, for a : franchise to construct, operate : and maintain facilities in, upon, : over under, along, across and : through the franchise area of the : ACCEPTANCE City of Bremerton, : Washington : WHEREAS, the City Council of the City of Bremerton, Washington, has granted a franchise to Puget Sound Energy, Inc., a Washington corporation, its successors and assigns, by enacting Ordinance No. ____, bearing the date of ________________, 2019; and WHEREAS, a copy of said Ordinance granting said franchise was received by the Puget Sound Energy, Inc. on ___________________, 2019, from said City of Bremerton, Kitsap County, Washington. NOW, THEREFORE, Puget Sound Energy, Inc., a Washington corporation, for itself, its successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington. IN TESTIMONY WHEREOF said Puget Sound Energy, Inc. has caused this written Acceptance to be executed in its name by its undersigned __________________________________ thereunto duly authorized on this _____ day of __________________, 2019. ATTEST: PUGET SOUND ENERGY, INC. By:_________________________________ Its: _________________________________ Copy received for City of Bremerton on , 2019 By: Angela Hoover, City Clerk R:\LEGAL\Ordinances\PSE Franchise1.DOC AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: November 13, 2019 Public Hearing on Ordinance No. 5387 approving and adopting the City of Bremerton Budget for Fiscal Year 2020 COUNCIL MEETING Date: November 20, 2019 Department: Financial Services Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: Tonight’s public hearing is to take additional comments on the 2020 Proposed Budget. Budget workshops were held on October 28, October 30, and November 4, 2019 where an overview of the Mayor’s proposed budget was presented to Council. Public comments will be taken into consideration before Council adopts a final ordinance. This is the second of two public hearings on the budget; the first public hearing was held on November 6, 2019. The attached ordinance represents the final proposed 2020 Fiscal Budget. If adopted, this ordinance would become effective January 1, 2020. ATTACHMENTS: 1) Ordinance No. 5387; and 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund expenditures, without ending fund balance, is $48,074,052. With ending fund balance, total general fund expenditures are $57,086,629. Total proposed expenditures city wide, without ending fund balance, is $138,063,858. With ending fund balance, total expenditures city wide is $180,931,353. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5387 approving and adopting the budget for the City of Bremerton for the fiscal year 2020; and appropriating the amounts set forth in each fund in accordance with RCW 35.33.075. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 7C 1 2020 Annual Budget ORDINANCE NO. 5387 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving and adopting the budget for the City of Bremerton for the fiscal year 2020, and appropriating the amounts set forth in each fund in accordance with RCW 35.33.075. WHEREAS, Pursuant to Chapter 35.33 RCW, the City of Bremerton (“City”) is required to adopt an annual budget and provides procedures for the filing of estimates, a preliminary budget, deliberations, public hearings, and final fixing of the budget; and WHEREAS, a proposed annual budget for the fiscal year 2020 has been prepared and filed in the Office of the City Clerk for the City; public hearings have been held for the purposes of fixing the final City budget; and the City Council, during its November 4, 2019 Budget Workshop meeting, deliberated and made adjustments and changes to the proposed budget deemed necessary and proper; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The proposed 2020 annual budget for the City, as amended by the City Council during its November 4, 2020 Budget Workshop meeting, (“2020 Annual Budget”), on file in the office of the City Clerk, is hereby incorporated herein by this reference. SECTION 2. The 2020 Annual Budget, covering the period from January 1, 2020, through December 31, 2020, establishing; 1) authorized positions for employment, 2) the City-wide Capital Improvement Program, and 3) fund balances as set forth in Exhibit A, attached hereto and incorporated herein by this reference, including regular revenues and unencumbered fund balances of $180,931,353.00 expenditures and ending fund balances of $180,931,353.00, and funding of category groups pursuant to BMC 3.02.010, is hereby adopted and approved, and the totals for these funds as noted in Exhibit A are hereby appropriated for the fiscal year 2020. SECTION 3. Certain revenues received by the City shall be transferred to specific funds as follows: (a) The administrative fee, less the costs of administering the contract, received by the City from the “Agreement for Garbage, Recycling and Compostable Organics Collection, and Disposal” between the City of Bremerton and Waste Management of Washington, Inc. shall be allocated and transferred to fund No. 314, the Residential Street and Sidewalk Fund, for street improvements, unless otherwise allocated by motion or other action of the City Council. 2 2020 Annual Budget (b) All rent and other revenues received by the City from the telecommunication tower “Option and Lease Agreement” between the City of Bremerton and Vertical Bridge Development, LLC shall be allocated and transferred to fund No. 310, the Park Facilities Construction Fund, for capital improvements, for park capital improvements, unless otherwise allocated by motion or other action of the City Council. SECTION 4. Nothing contained herein shall be construed to require the City or its officers to fill any vacancy in any of the positions established by this ordinance resulting from the discharge, resignation or retirement of such employee. Nothing herein contained shall require the City or its officers to pay the maximum amount budgeted for any position shown therein. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ___________________________, 2019 _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2019 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2019 EFFECTIVE the_________day of ______________________, 2019 ORDINANCE NO BEG LIC.INTER-CHARGES FINES 2020 FUND AND GOV'T FOR AND OTHER TOTALFUNDBAL.TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET General Fund General Government: City Council 0 0 0 147,236 0 0 147,236 Executive 0 0 0 122,486 0 0 122,486 Financial Services 0 0 0 779,532 0 0 779,532 Legal 0 0 0 593,120 0 0 593,120 Human Resources 0 0 0 264,854 0 0 264,854 Community Development 3,419,250 1,185,650 302,100 510,500 50,000 0 5,467,500 Municipal Court 0 0 3,358 206,850 237,900 30,400 478,508 City Auditor 0 0 0 40,940 0 0 40,940 Law Enforcement 0 6,000 226,175 144,100 2,000 11,000 389,275 Fire/Emergency Medical 1,982,500 1,300 1,265,334 680,200 6,500 5,010 3,940,844 Police & Fire Pension 0 0 63,870 0 0 0 63,870 General Facilities 0 0 0 171,524 0 353,200 524,724 Parks 0 0 0 247,250 0 74,000 321,250 Engineering 0 64,000 0 2,195,173 0 0 2,259,173 Non-Departmental 28,531,307 27,000 868,501 93,542 900,000 170,000 30,590,350 Beginning Fund Balance 11,102,967 11,102,967 Total General Fund 11,102,967 33,933,057 1,283,950 2,729,338 6,197,307 1,196,400 643,610 57,086,629 Special Revenue Funds: Street 560,835 875,000 0 894,200 208,000 0 839,000 3,377,035 Contingency Reserve 1,348,244 0 0 0 0 0 153,700 1,501,944 Lodging Tax 391,660 750,000 0 0 0 0 6,000 1,147,660 Parking System 1,025,551 0 0 0 0 425,500 1,598,600 3,049,651 Comm. Dev. Block Grant 58,916 0 0 400,000 45,900 0 87,000 591,816 Abatement Revolving Fund 338,293 0 0 0 0 25,000 500 363,793 Police Special Projects 255,856 0 0 0 0 15,000 3,500 274,356 Public Access Television 608,379 0 276,000 0 125,765 0 43,200 1,053,344 Gift & Donations Fund 90,286 0 0 0 0 0 6,100 96,386 Trial Improvement 69,772 0 0 21,000 0 0 500 91,272 One Percent for Arts 13,468 0 0 0 0 0 11,242 24,710 Conference Center Oper 226,243 0 0 0 1,638,541 0 404,000 2,268,784 Total Spec. Rev. Funds 4,987,503 1,625,000 276,000 1,315,200 2,018,206 465,500 3,153,342 13,840,751 Debt Service Fund: 2010 UTGO 24,305 900,000 0 0 0 0 1,000 925,305 Government Center LTGO 83,822 0 0 0 0 0 332,100 415,922 2015 Public Safety Bond 37,315 550,000 0 0 0 0 1,000 588,315 2019 Refunding LTGO 131,252 330,000 0 3,000 0 0 148,000 612,252 Total Debt Service Fund 276,694 1,780,000 0 3,000 0 0 482,100 2,541,794 Capital Improvement Funds: General Govt Capital Improv.2,533,039 1,700,000 0 0 0 0 40,000 4,273,039 Park Facilities Construction 140,499 0 0 1,051,880 0 0 96,500 1,288,879 Residential Street & Sidewalk Fund 1,345,897 1,022,129 125,000 0 0 0 148,400 2,641,426 Transportation Projects Fund 695,163 422,129 0 5,840,616 0 0 1,287,978 8,245,886 Fire Public Safety Capital 114,315 0 0 0 0 0 0 114,315 Affordable Housing Capital Fund 1,104 0 0 0 0 0 100,000 101,104 Total Capital Improv. Funds 4,830,017 3,144,258 125,000 6,892,496 0 0 1,672,878 16,664,649 Total General Gov't Funds 21,197,181 40,482,315 1,684,950 10,940,034 8,215,513 1,661,900 5,951,930 90,133,823 EXHIBIT A CITY OF BREMERTON 2020 REVENUE - ALL FUNDS BEG LIC.INTER-CHARGES FINES 2020 FUND AND GOV'T FOR AND OTHER TOTALFUNDBAL.TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET EXHIBIT A CITY OF BREMERTON 2020 REVENUE - ALL FUNDS Enterprise Funds: Water Utility 2,072,144 0 0 0 14,885,857 20,000 545,000 17,523,001 Water Capital 7,990,179 0 0 0 0 0 3,310,600 11,300,779 Wastewater Utility 1,880,781 102,000 0 0 16,432,038 0 3,000 18,417,819 Wastewater Capital 4,149,395 0 0 0 0 0 3,040,600 7,189,995 Stormwater Utility 521,002 0 0 70,000 4,490,512 7,000 4,000 5,092,514 Stormwater Capital 4,268,985 0 0 0 0 0 3,798,500 8,067,485 Utility Debt Reserve 1,677,295 0 0 0 0 0 22,000 1,699,295 Gold Mountain Golf Complex 422,800 0 0 0 4,760,031 0 16,950 5,199,781 Total Enterprise Funds 22,982,581 102,000 0 70,000 40,568,438 27,000 10,740,650 74,490,669 Internal Service Funds: Risk Management 2,572,551 0 0 0 0 0 1,844,362 4,416,913 Employment Security 237,010 0 0 0 0 0 4,000 241,010 Accumulated Leave Liability 190,547 0 0 0 0 0 582,500 773,047 ER&R Operations & Maint.81,594 0 0 0 1,800,119 0 2,800 1,884,513 ER&R Equipment Reserve 4,134,238 0 0 0 0 0 2,154,943 6,289,181 Information Services 740,771 0 0 0 1,756,426 0 205,000 2,702,197 Total Internal Service Funds 7,956,711 0 0 0 3,556,545 0 4,793,605 16,306,861 Total Business Type Funds 30,939,292 102,000 0 70,000 44,124,983 27,000 15,534,255 90,797,530 Total All Funds 52,136,473 40,584,315 1,684,950 11,010,034 52,340,496 1,688,900 21,486,185 180,931,353 1/0/1900 2020 SUPPLIES &DEBT CAPITAL ENDING TOTALFUNDPERSONNELSERVICESSERVICEOUTLAYTRANSFERSFUND BAL.BUDGET General Fund General Government: City Council 340,800 60,116 0 0 0 400,916 Executive 268,500 74,022 0 0 0 342,522 Financial Services 1,251,300 324,465 0 0 0 1,575,765 Legal Department 1,380,900 216,219 0 0 0 1,597,119 Human Resources 503,300 217,883 0 0 0 721,183 Community Development 1,864,900 853,639 0 0 82,500 2,801,039 Municipal Court 971,500 527,308 0 0 0 1,498,808 City Auditor 85,100 8,078 0 0 0 93,178 Law Enforcement 10,654,400 1,745,289 0 0 0 12,399,689 Fire/Emergency Medical 10,494,023 1,861,746 0 0 0 12,355,769 Police & Fire Pension 1,402,300 342,000 0 0 0 1,744,300 General Facilities 499,200 929,258 0 260,000 0 1,688,458 General Parks 2,274,700 801,664 0 0 34,500 3,110,864 Engineering 2,555,000 348,912 0 0 0 2,903,912 Non-Departmental 0 3,476,430 0 0 1,364,100 4,840,530 Ending Fund Balance 9,012,577 9,012,577 Total General Fund 34,545,923 11,787,029 0 260,000 1,481,100 9,012,577 57,086,629 Special Revenue Funds: Street 1,280,860 1,890,192 0 0 0 205,983 3,377,035 Contingency Reserve 0 0 0 0 0 1,501,944 1,501,944 Lodging Tax 0 370,000 0 0 250,000 527,660 1,147,660 Parking System 0 1,379,407 533,208 110,000 70,000 957,036 3,049,651 Comm. Dev. Block Grant 149,800 331,604 0 0 0 110,412 591,816 Abatement Revolving Fund 0 258,500 0 0 0 105,293 363,793 Police Special Projects 0 119,282 0 80,000 0 75,074 274,356 Public Access Television 398,200 60,709 0 30,000 0 564,435 1,053,344 Gift & Donations Fund 0 15,000 0 0 0 81,386 96,386 Trial Improvement 0 25,000 0 0 0 66,272 91,272 One Percent for Arts 0 9,000 0 0 0 15,710 24,710 Conference Center Oper 0 1,938,045 32,168 75,000 0 223,571 2,268,784 Total Spec. Rev. Funds 1,828,860 6,396,739 565,376 295,000 320,000 4,434,776 13,840,751 Debt Service Fund: 2010 UTGO 0 0 853,438 0 0 71,867 925,305 Government Center LTGO 0 0 330,838 0 0 85,084 415,922 2015 Public Safety Bond 0 0 502,700 0 0 85,615 588,315 2019 Refunding LTGO 0 0 425,344 0 0 186,908 612,252 Total Debt Service Fund 0 0 2,112,320 0 0 429,474 2,541,794 Capital Improvement Funds: General Govt Capital Improv.0 0 0 0 2,039,478 2,233,561 4,273,039 Park Facilities Construction 0 0 0 1,134,500 0 154,379 1,288,879 Residential Street & Sidewalk Fund 290,483 905,853 0 446,285 0 998,805 2,641,426 Transportation Projects Fund 8,800 956,200 0 6,432,058 0 848,828 8,245,886 Fire Public Safety Capital 0 0 0 103,773 10,542 0 114,315 Affordable Housing Capital Fund 0 100,000 0 0 0 1,104 101,104 Total Capital Improv. Funds 299,283 1,962,053 0 8,116,616 2,050,020 4,236,677 16,664,649 Total General Gov't Funds 36,674,066 20,145,821 2,677,696 8,671,616 3,851,120 18,113,504 90,133,823 EXHIBIT A CITY OF BREMERTON 2020 EXPENDITURES - ALL FUNDS 1/0/1900 2020 SUPPLIES &DEBT CAPITAL ENDING TOTALFUNDPERSONNELSERVICESSERVICEOUTLAYTRANSFERSFUND BAL.BUDGET EXHIBIT A CITY OF BREMERTON 2020 EXPENDITURES - ALL FUNDS Enterprise Funds: Water Utility 4,857,877 7,941,804 912,479 0 2,250,000 1,560,841 17,523,001 Water Capital 0 240,000 0 6,348,166 0 4,712,613 11,300,779 Wastewater Utility 3,621,605 8,660,309 2,501,210 0 2,115,000 1,519,695 18,417,819 Wastewater Capital 0 525,000 0 3,498,200 0 3,166,795 7,189,995 Stormwater Utility 1,676,518 2,564,552 153,005 0 180,000 518,439 5,092,514 Stormwater Capital 0 94,000 0 5,345,148 0 2,628,337 8,067,485 Utility Debt Reserve 0 0 0 0 0 1,699,295 1,699,295 Gold Mountain Golf Complex 0 4,210,079 434,670 0 0 555,032 5,199,781 Total Enterprise Funds 10,156,000 24,235,744 4,001,364 15,191,514 4,545,000 16,361,047 74,490,669 Internal Service Funds: Risk Management 390,000 1,544,362 0 0 0 2,482,551 4,416,913 Employment Security 75,000 0 0 0 0 166,010 241,010 Accumulated Leave Liability 450,000 0 0 0 0 323,047 773,047 ER&R Operations & Maint 567,100 1,230,820 0 15,000 0 71,593 1,884,513 ER&R Equipment Reserves 0 0 0 1,887,780 0 4,401,401 6,289,181 Information Services 946,700 807,155 0 0 0 948,342 2,702,197 Total Internal Service Funds 2,428,800 3,582,337 0 1,902,780 0 8,392,944 16,306,861 Total Business Type Funds 12,584,800 27,818,081 4,001,364 17,094,294 4,545,000 24,753,991 90,797,530 Total All Funds 49,258,866 47,963,902 6,679,060 25,765,910 8,396,120 42,867,495 180,931,353 Council District 6 Richard Huddy Council District 4 Lori Wheat Council District 2 Leslie Daugs