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Home My WebLink About06/08/2022 STUDY SESSION AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 WEDNESDAY, JUNE 8, 2022 CITY COUNCIL STUDY SESSION AGENDA 5:00 PM – Via Zoom Webinar The City Council is currently conducting all meetings via Zoom Webinar. The Study Session is open to the public to listen in, but there will be no opportunities for input; the content of these items is subject to change; and no action is anticipat ed. If approved by the Council, these items will be placed on the June 15, 2022 City Council Meeting Agenda…  Members of the public are invited to join the Zoom webinar by clicking on the following link: https://us02web.zoom.us/j/85495889176?pwd=aDhzSWgrWEljL1I5MjdsWE5YWXRvUT09  Or iPhone one-tap: US: +12532158782,,85495889176#,,,,*209823# or +13462487799,,85495889176#,,,,*209823#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 or 1 929 205 6099 Webinar ID: 854 9588 9176 Passcode: 209823 Questions or comments may be submitted by the public any time to City.Council@ci.bremerton.wa.us A. BRIEFINGS ON AGENDA BILL ITEMS 1. Supplemental Agreement No. 2 with HDR Engineering, Inc. for the Design of Naval Avenue Pedestrian Enhancements Project 2. Cost Reimbursement Agreement with WA State Department of Ecology for Water Right Change Application Review 3. Approval to Submit (2) Grant Applications with the WA Administrative Office of the Courts; and (1) with the US Department of Justice, Bureau of Justice Assistance; and to Approve a Memorandum of Understanding 4. Proposed Public Hearing and Resolution adopting the 2023 – 2028 Six Year Transportation Improvement Program 5. Goods and Services Agreement with Materials Testing & Consulting, Inc. for Materials Testing for Price Road and Brentwood Drive Culvert Replacements and Pine Road Basin Projects 6. Contract with Active Construction, Inc. for Pine Road Basin Stormwater Improvements Project 7. Memorandum of Agreement with the WA State Department of Fish and Wildlife for Schley Canyon Culvert Repair and Anderson Creek Dam Removals Projects 8. Amendment A to Public Works Board Construction Loan Contract for the Ostrich Creek Culvert Improvements Project 9. Memorandum of Understanding with Meridian Terrace, LLC for Potential Easement Exchange and Property Acquisition Continued on next page… 10. Purchase of a 2022 Ford Police Interceptor “Off the Lot” Vehicle from Bud Clary Ford/Hyundai 11. Transportation Alternatives Program Funding Grant with Puget Sound Regional Council; and Local Agency Agreement with WA State Department of Transportation for the Naval Avenue Bicycle & Pedestrian Project 12. Ordinance amending Chapter 6.32 of the Bremerton Municipal Code entitled “Noise Levels” B. INFORMATION ONLY ITEMS 1. Presentation regarding the Race Equity Advisory Committee – REAC Chair Quinn Dennehy 2. Presentation regarding Discharge of Personal Fireworks – City Attorney Kylie Finnell C. GENERAL COUNCIL BUSINESS Public Safety Committee Briefing (Last Meeting 6/2/22) – Chair Jennifer Chamberlin Overview of Lodging Tax – Chair Denise Frey Other General Council Business D. ADJOURNMENT OF STUDY SESSION AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Supplemental Agreement No. 2 with HDR Engineering, Inc. for the Design of Naval Avenue Pedestrian Enhancements Project COUNCIL MEETING Date: June 15, 2022 Department: PW & Utilities Presenter: Chris Dimmitt Phone: (360) 473-2307 SUMMARY: In April 2019, the City executed a contract with HDR Engineering, Inc. for the design of the Naval Avenue Pedestrian Enhancements Project in the amount of $614,400. One supplement has been executed for a time extension of the contract. The proposed Supplement No. 2 increases the contract value by $148,593.45 to a new total of $762,993.45; the work includes environmental permitting, open house support, additional sidewalk and signal improvement design, and geotechnical investigation. The supplement also extends the contract completion date to December 31, 2026. ATTACHMENTS: 1) Supplemental Agreement No. 2 with HDR Engineering, Inc. 2) Site Plan FISCAL IMPACTS (Include Budgeted Amount): This project is included in the Transportation Capital Projects Fund, an increase to this project budget was completed at mid-year. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Supplemental Agreement No. 2 with HDR Engineering, Inc. for the Naval Avenue Pedestrian Enhancements Project increasing the contract value by $148,593.45 to a new total of $762,993.45; 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 A1 Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: III Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 This scope of work includes design, survey, geotechnical testing and evaluation, subsurface utility exploration, PS&E development, traffic engineering, stormwater design, utility coordination and design, right of way plan development, public outreach, and key Stakeholder Coordination/reports/updates. Right of way acquisitions and construction management, engineering services during construction, construction inspection and documentation management could be added as a supplement to this contract at a later date. City of Bremerton HDR Engineering, Inc. 02/13/20 315028 (City Contract 6063) See Exhibit A-1 attached. contract completion date extended to December 31, 2026. See Exhibit B attached. 02 315028 (City Contract 6063) HDR Engineering, Inc. 929 108th Avenue NE, Suite 1300 Bellevue, WA 98004 (425) 450-6200 HLP-PB19(006)February 13, 2020 December 31, 2022 Naval Avenue- 1st Street to 15th Street Bicycle and Pedestrian Enhancements $ 762,993.45 Paul Ferrier, HDR Engineering Inc.Greg Wheeler, Mayor City of Bremerton Naval Avenue: 1st St to 15th St Bicycle and Pedestrian Enhancements Project City Project No. 315028 Scope for Design and Right-of-Way Services CONTRACT MODIFICATION #2 May 2022 City of Bremerton Prepared by: HDR 929 108th Avenue NE, Suite 1300 Bellevue, WA 98004 Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 1 of 18 CONTENTS INTRODUCTION ............................................................................................................................................. 3 Scope of Work ..................................................................................................................................................3 Project Description ...........................................................................................................................................3 Major Milestone Schedule ................................................................................................................................3 TASK 1. PROJECT MANAGEMENT & ADMINISTRATION ............................................................................. 4 TASK 2. QUALITY ASSURANCE / QUALITY CONTROL ................................................................................. 4 TASK 3. PUBLIC INVOLVEMENT ................................................................................................................ 4 Online Open House and Website Support ........................................................................................................5 Live Virtual Public Meeting ...............................................................................................................................5 Final Report ......................................................................................................................................................5 TASK 4. STAKEHOLDER COORDINATION ................................................................................................... 5 TASK 5. DATA COLLECTION / REVIEW OF EXISTING INFORMATION ........................................................... 5 TASK 6. SURVEY AND MAPPING ............................................................................................................... 6 TASK 7. GEOTECHNICAL ENGINEERING .................................................................................................... 6 TASK 8. TRAFFIC ANALYSIS ...................................................................................................................... 6 TASK 9. BASIS OF DESIGN ........................................................................................................................ 6 TASK 10. ENVIRONMENTAL DOCUMENTATION & PERMITTING ASSISTANCE .............................................. 6 10.1 Wetlands, Wildlife, & Habitat Office and Field Review .............................................................................6 10.2 Cultural Resources ....................................................................................................................................7 10.3 Endangered Species Act Compliance ........................................................................................................9 10.4 NEPA Documentation and Approval .........................................................................................................9 10.5 Environmental Justice Documentation required by FHWA and WSDOT................................................ 10 10.6 Hazardous Materials Documentation required by FHWA and WSDOT .................................................. 10 10.7 Stormwater Pollution Prevention Plan................................................................................................... 11 10.8 SEPA and Permit Support ....................................................................................................................... 12 Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 2 of 18 TASK 11. 30% DESIGN ............................................................................................................................. 13 TASK 12. FINAL DESIGN - PS&E ................................................................................................................ 13 13th Street / Naval Ave Sidewalk Improvements ............................................................................................ 13 Design of one-way Conversion of 8th Street and 10th Street .......................................................................... 13 TASK 17. MANAGEMENT RESERVE FUND ................................................................................................. 14 Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 3 of 18 INTRODUCTION During the term of this PROFESSIONAL SERVICES AGREEMENT (AGREEMENT), HDR Engineering, Inc. (CONSULTANT) shall perform professional services for the City of Bremerton (CITY) in connection with the following project: Naval Avenue: 1st St to 15th St Bicycle and Pedestrian Enhancements Project (PROJECT). Contract Modification #2 keeps intact the overall terms of the original agreement and the previously executed amendments. Scope of Work This Contract Modification #2 scope of work includes time and expenses for a second online open house which the CONSULTANT shall attend. The CONSULTANT shall complete final design of extending sidewalks along 13th Street for approximately 260 feet, connecting existing sidewalks to the PROJECT. Scope of work includes additional geotechnical exploration for deep foundations for traffic signal work added to the project. Project Description The PROJECT rebalances the existing roadway section to remove barriers to non-motorized travel by adjusting the number and width of vehicular lanes, adding bicycle facilities, and enhancing pedestrian facilities. The PROJECT will provide ADA improvements to the maximum extent feasible throughout the project limits. As part of this roadway reconfiguration project, the following will be included, pavement resurfacing, curb and gutter, signing and striping to support continuous bike facilities, more robust pedestrian facilities, signal modifications, street lighting, way finding signage, utility relocations, and stormwater improvements. This is a multimodal improvement project identified in the City’s 2007 Non-motorized Transportation Plan. Major Milestone Schedule Contract Modification #2 modifies the schedule as follows: Notice to Proceed……………………. Complete Identify the Basis of Design ....... Complete 30% Design ................................. Complete 60% Design and ROW Plan ......... Complete 90% Design ................................. TBD 100% Design ............................... TBD Advertisement………………………… TBD (Depending on Funding) Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 4 of 18 Contract Modification #2 Project Tasks The CONSULTANT shall manage the work as described within the following major Work Elements: TASK 1. PROJECT MANAGEMENT & ADMINISTRATION Components of this work including planning the PROJECT, executing the PROJECT, managing change, and closing the PROJECT. This task will account for the additional staff on-boarding and staff and hours monitoring. Includes additional subconsultant management for additional work added with this contract modification. Assumption(s): · Contract Modification #2 adds 3 additional internal design team meeting, attended by up to three HDR staff. · Includes sub consultant management. · Includes monitoring and management of additional staff hours and deliverables Deliverable(s): · No new deliverables TASK 2. QUALITY ASSURANCE / QUALITY CONTROL Components of this work including QA/QC of additional design sheets added extension of street improvements along 13th Street. and signing and striping conversion sheets of 8th Street and 10th Street. Assumption(s): · QC of additional sheets will be built into overall QC process Deliverable(s): · No new deliverables TASK 3. PUBLIC INVOLVEMENT Task 3 is augmented as follows. This task is to assist the CITY with Public Outreach effort for this project, the CITY will lead the public involvement effort. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 5 of 18 Online Open House and Website Support CONSULTANT will update content on one (1) online open house that will provide current project information. CONSULTANT will develop an online survey to solicit feedback from community members. Live Virtual Public Meeting CONSULTANT will host one (1) live virtual public meeting about the project, develop and provide a presentation with design graphics and provide a summary. Final Report CONSULTANT will compile all public involvement material and document all comments received into a high- level report summary of the project’s public outreach effort. Assumption(s): · CONSULTANT will host the live virtual public meeting via WebEx or other agreed upon platform. · CONSULTANT will update content on one (1) online open house. Developing the update will include drafting content, drafting alternative text for graphics, and graphics development. · Up to three (3) CONSULTANT staff participate in the live virtual public meeting. · Assumes two (2) rounds of review of online open house content. · Mailers are not included in this amendment and to be provided and mailed by the City if desired. Deliverable(s): · Content for online survey and survey link · Summary of survey results in PDF format · Graphics and written content in word for project website · Final Report of public outreach content in PDF format TASK 4. STAKEHOLDER COORDINATION No change to this task from original scope TASK 5. DATA COLLECTION / REVIEW OF EXISTING INFORMATION No change to this task from original scope Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 6 of 18 TASK 6. SURVEY AND MAPPING No change to this task from original scope TASK 7. GEOTECHNICAL ENGINEERING Scope of Task 7 from original contract to be maintained, scope to be added to contract as part of this amendment is for additional geotechnical exploration and analysis for new work added to project. Project has added the structural wall at 11th Street and replacement of large signal poles which require deeper soil exploration and soil analysis for foundations and footings. This scope of work includes conducting hollow stem auger borings at up to three (3) locations, additional equipment mobilization and traffic control required to facilitate collection. Deliverable(s): Additional scope items to feed the Geotech report. Reference the original contract for deliverables. TASK 8. TRAFFIC ANALYSIS No change to this task from original scope TASK 9. BASIS OF DESIGN No change to this task from original scope TASK 10. ENVIRONMENTAL DOCUMENTATION & PERMITTING ASSISTANCE The purpose of this task is to engage the regulatory agencies, conduct fieldwork, prepare NEPA/SEPA documentation, and City application packages and supporting environmental documentation. 10.1 Wetlands, Wildlife, & Habitat Office and Field Review · CONSULTANT will review publicly available GIS and Map resources to evaluate the natural and built environment within the vicinity of the project in order to support later tasks 10.3 (ESA Compliance), 10.4 (NEPA documentation), 10.7 (Stormwater Pollution Prevention Plan), and 10.8 (SEPA Review). Office and Field reviews for Tasks 10.2, 10.5, and 10.6 are incorporated directly into those individual tasks, below. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 7 of 18 · CONSULTANT will review background resources for reference information on soils, hydrology, land use, wildlife habitat, wetlands, streams, and other features of the natural and built environment in the project area. These resources include: · National Marine Fisheries Service (NMFS) Protected Resources Application (2021). · United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Web Soil Survey (NRCS, 2021a). · USFWS National Wetland Inventory Web Site (USFWS, 2021a). · USFWS IPaC Report (USFWS, 2021b). · WDFW Washington State Herp Atlas (WDFW, 2009). · WDFW PHS on the Web (WDFW, 2021a). · WDFW Salmon Scape (WDFW, 2021b). · Kitsap County Parcel Search online GIS data · Google Earth · City of Bremerton Zoning and Land use maps. · CONSULTANT will conduct a site visit (to include a drive-by and walking tour) of the project corridor to confirm/elaborate on findings from background research relevant to the natural and built environments within the project area and to gather photographs necessary for environmental documentation. Assumption(s): · The site walk will be completed by one CONSULTANT staff biologist. · CONSULTANT time dedicated to this task will be no more than 16 hours for research, site investigation, and travel (travel time to the site for one field visit). Deliverable(s): There are no deliverables associated with this task. Field notes and photographs generated from this task will be utilized in later tasks. 10.2 Cultural Resources The Naval Avenue: 1st St to 15th St Bicycle and Pedestrian Enhancements Project will require compliance with Section 106 of the National Historic Preservation Act (NHPA). This scope includes background research, architectural history field investigation, and the preparation of a Cultural Resources Assessment Report in compliance with Section 106 of the NHPA and the Department of Archaeology and Historic Preservation (DAHP) standards and guidelines. CONSULTANT assumes the proposed project activities are located within the demonstrated vertical and horizontal limits of previous construction or disturbance, and as such, are Section 106 exempt activities in accordance with Appendix J (Section 106 Exemptions) of the WSDOT NEPA Categorical Exclusions-- A Guidebook for Local Agencies (October 1, 2020). The exception to these exemptions potentially includes up to two activities: demolition of the building located at the northeast corner of the intersection of Naval Avenue and 11th St. and the excavation of an existing retaining wall at the Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 8 of 18 northwest corner of the intersection of Naval Avenue and 11th St. An architectural history survey is proposed for the two locations noted above to record the buildings that are historic in age (i.e., older than 50 years in age) and to document them on historic property inventory (HPI) forms. 10.2.1 PRELIMINARY DESKTOP REVIEW, LIMITED FIELD INVESTIGATION, AND ARCHITECTURAL HISTORY SURVEY · CONSULTANT will develop a proposed area of potential effects (APE) document with maps and project description that will be submitted to the City for review and submission to the lead federal agency (WSDOT Highways and Local Programs, or H&LP), responsible for determining the APE under Section 106. The lead federal agency will initiate consultation with the SHPO and consulting tribes and other parties. · CONSULTANT will conduct background research using the DAHP’s Washington Information System for Architectural & Archaeological Records Data (WISAARD) database, published ethnographic data, assessor data, historic maps, and online libraries, as well as other relevant documents, as needed. Research will review previously completed studies and previously recorded cultural resources within, and in the vicinity of, the Project’s APE. · CONSULTANT will perform an architectural history reconnaissance-level survey to inventory the two historic buildings at the Naval Avenue/11th Street intersection. The buildings will be photographed and documented on HPI forms. Both buildings will be evaluated for National Register of Historic Places (NRHP) eligibility at the reconnaissance level and recommendations of project effects will be provided in the Cultural Resources Assessment Report, as feasible. · If additional historic structures/building are identified during background research or field investigation, or if intensive-level survey is necessary to complete a NRHP evaluation, a scope modification will be necessary to record the historic structure/building in the field, document it on HPI forms, and evaluate it for NRHP eligibility, as feasible. · CONSULTANT will prepare a Cultural Resources Assessment Report that includes the proposed APE, results of the background review, and architectural history reconnaissance survey of the two buildings. The HPI forms will be appended to the report. · Archaeological Field Investigation, if required by WSDOT H&LP and/or DAHP, will require a scope amendment. Assumption(s): · City will provide rights-of-entry as required. · All review comments will be received in accordance with the project schedule. Delays and/or revisions to cultural resources documents due to receipt of untimely review comments and directions will be outside of scope and may be considered ‘extra work’ that may require a contract modification. · Changes to the project description and/or APE may necessitate modifications to this scope of services; such changes will be considered as ‘extra work’. · FHWA, via WSDOT H&LP, will be the Federal lead agency for Section 106 consultation. · CONSULTANT will initiate a project number in WISAARD, if requested by H&LP. · CONSULTANT assumes the majority of proposed project activities are located within the demonstrated vertical and horizontal limits of previous construction or disturbance and are Section 106 exempt activities in accordance with Appendix J of the WSDOT NEPA Categorical Exclusions A Guidebook for Local Agencies, with the exception of the Naval Avenue/11th St. intersection noted Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 9 of 18 above. If the project activities are determined by WSDOT to not qualify as Section 106 exempt activities, then further cultural resources work may be required, including but not limited to archaeological field investigations and further architectural history reconnaissance survey of the APE. Deliverables: · Draft APE Map (electronic files) · Draft and Final Cultural Resources Assessment Report (PDF) · Two HPI forms (electronic files and PDF) 10.3 Endangered Species Act Compliance Since the PROJECT is a road diet project, with no capacity being added, it is expected that the project will have Endangered Species Act (ESA) coverage under Section 4d of the WSDOT Regional Road Maintenance Program, of which the City of Bremerton is a participating agency. Assumption(s): · ESA coverage under the RRMP 4d will be applicable to this project, therefore Section 7 ESA consultation will not be required. · No ESA documentation will be prepared by HDR, apart from completion of the Documentation Template: Regional Road Maintenance Program: ESA 4(d) Coverage (NMFS) form. Deliverable(s): · Draft and Final 4d form (electronic files) 10.4 NEPA Documentation and Approval The CONSULTANT shall complete the NEPA Environmental Classification Summary form (ECS) for this PROJECT as well as prepare supporting documentation in accordance with Chapter 24 of the LAG Manual and other appropriate WSDOT and/or FHWA guidance documents. The ECS is the assumed NEPA document for a Documented Categorical Exclusion (DCE) for the project. · THE CONSULTANT shall coordinate with the WSDOT Highways and Local Programs Area Engineer during document preparation and review cycle. THE CONSULTANT will also coordinate with WSDOT to address comments on the ECS and any of the environmental documentation prepared above. · The CONSULTANT shall incorporate their findings from Cultural Resources Assessment (Task 10.2) into the ECS and coordinate responses to comments. Assumption(s): · NEPA update will evaluate one iteration of design at 60% milestone. · Air and Noise evaluations will not be required for a complete ECS submittal. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 10 of 18 · The ECS is the assumed NEPA document for a Documented Categorical Exclusion (DCE) for the project. Deliverable(s): · Draft and Final ECS (electronic files) 10.5 Environmental Justice Documentation required by FHWA and WSDOT The CONSULTANT will document presence of minority and/or low-income populations with 0.5 miles of the project corridor to support the NEPA ECS. · The CONSULTANT will pull 2020 Census reports using the EPA EJ finder. · The CONSULTANT will supplement the national data with information collected from City or Kitsap County available demographic databases. · The CONSULTANT will complete the Social and Community Impacts Decision Matrix from the Local Programs ECS Guidebook. · The CONSULTANT will prepare a memorandum to summarize the demographic and income information. Assumption(s): · It is assumed for this task that the EJ Memo documentation will be for a CE-level project and that there will be no impacts on EJ populations. Deliverable(s): · Draft and Final EJ Memo (electronic files) 10.6 Hazardous Materials Documentation required by FHWA and WSDOT CONSULTANT will prepare Hazardous Materials (HazMat) Analysis Report per WSDOT H&LP standards to identify and evaluate known or potentially contaminated sites that may adversely affect the environment, create significant construction impacts, and/or incur cleanup liability to the CITY. This information will be used to allow the CITY and the CONSULTANT, together with WSDOT, to make informed decisions regarding the selection of alternative, or mitigation measures and/or the necessity of initiating early coordination with relevant regulatory agencies as part of NEPA ECS documentation. · CONSULTANT will obtain and review the results of a federal, state, and local environmental database search provided by an outside environmental data service for listing of information on confirmed and suspected contaminated sites or nearby structures specified by Section 8.2, Standard Environmental Record Sources of ASTM International (ASTM) E1527-13, Standard Practice for Environmental Site Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 11 of 18 Assessments: Phase I Environmental Site Assessment Process. The evaluation will focus on sites that are located within ¼ mile of the alignment, or as required by ASTM. · Based on the results of the regulatory database search, CONSULTANT will make a request to review site files maintained by the Washington State Department of Ecology's Northwest Regional Office (Ecology NWRO). Site files made available by Ecology will be reviewed for information about current site environmental conditions. · CONSULTANT will review available historical data sources for the project area and vicinity, including aerial photographs, topographic maps, fire insurance maps, city directories, and other readily available development data. · The information gathered from the regulatory database, Ecology records review, and historical documentation, will be summarized in a Hazardous Materials Technical Memorandum. The report will include a description of methods, findings, and conclusions, as well as the following: o Lists of sites with potential for presence of contaminated and hazardous material/waste sites identified in the regulatory database search o Maps of potentially contaminated hazardous material/waste sites identified in the regulatory database search, overlaid with the project footprint. Assumption(s): · Windshield survey will be conducted by one CONSULTANT staff. · It is assumed that the project will require a low-level hazardous materials analysis per WSDOT H&LP standards. Preparation of a full-scale HazMat Analysis Report is outside the scope of this AGREEMENT. Deliverable(s): · Draft and Final Hazardous Materials Technical Memorandum (electronic files) 10.7 Stormwater Pollution Prevention Plan HDR will prepare a Stormwater Pollution Prevention Plan (SWPPP) for the project. The SWPPP will be prepared pursuant to Ecology standards and will be used in the field to demonstrate compliance with Ecology's National Pollutant Discharge Elimination System (NPDES) Construction Stormwater General Permit. CONSULTANT Services: · Prepare a draft and final SWPPP for the project pursuant to Ecology’s current standards. This will include temporary erosion and sediment control (TESC) markups to the HDR prepared project Mapbook. · Develop a list of customary best management practices (BMPs) that could be used during construction. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 12 of 18 · Provide pollution prevention inspection recommendations, including potential monitoring locations and requirements. City Responsibilities: · Review and provide one set of consolidated comments on the draft SWPPP. Assumption(s): · City will provide CONSULTANT adopted erosion and sediment control standard specifications for inclusion in the SWPPP. Deliverable(s): · Draft and Final SWPPP (electronic Word and PDF format). 10.8 SEPA and Permit Support The CONSULTANT will support the CITY by preparing the SEPA checklist and NPDES General Construction Stormwater Permit (GCSWP) and assisting with permit acquisition. CONSULTANT Services: · Prepare the SEPA Checklist for use by CITY in permitting. · CONSULTANT will prepare a draft and final Notice of Intent (NOI) application for coverage under Ecology’s General Construction Stormwater Permit using Ecology’s online Water Quality Permitting Portal. · Provide permit acquisition support and maintain periodic contact with the reviewers after application submittal, coordinate responses to agency comments from the design team, and ensure any conditions of approval are incorporated into the design set. City Responsibilities: · Provide any existing project data or environmental reports prepared for prior work along the PROJECT corridor. · Provide timely review of all deliverables and a consolidated list of review comments to the CONSULTANT, in accordance with the project schedule. · Pay any fees associated with Permit submittals. · Sign SEPA checklist and SEPA determination and permit application forms. · Formally issue the SEPA determination and distribute public notice and supporting materials to the appropriate agencies and the public. · Coordinate public notification mailing, distribution, posting at public facilities. On-site posting as required will be handled by CITY. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 13 of 18 · Review draft Notice of Intent application (for use of the Construction Stormwater General Permit) and provide one (1) set of combined comments. Assumption(s): · SEPA checklist will evaluate one iteration of design at 60% milestone. · No work is proposed in wetlands, streams, or other critical areas. Therefore Federal, State and local permitting for work in or adjoining such areas is not included in this SOW. · The project is exempt from a Site Development Permit per Bremerton Municipal Code 20.58.090. · The SEPA checklist is limited to one review and revision cycle by CITY. · Changes to the project description and/or project area may necessitate modifications to this scope of services. · Scope and budget to support a SEPA appeal is outside the scope of this AGREEMENT. · Up to eight (8) hours of permit acquisition support is assumed for this task. Deliverable(s): · Draft and Final SEPA Checklist (electronic) · NOI application submittal (electronic) TASK 11. 30% DESIGN No change to this task from original scope TASK 12. FINAL DESIGN - PS&E Task 12 is augmented as follows. 13th Street / Naval Ave Sidewalk Improvements The CONSULTANT shall extend improvement along NE 13th Street to install new sidewalk and driveways on both sides of the road up to the limits of the existing sidewalk terminations, approximately 260 feet. This work will include addition of two plan sheets for site preparation, alignment, paving, TESC, channelization and driveway and property interface grading details. Consultant shall include quantities for this segment with overall Project cost estimate. Design of one-way Conversion of 8th Street and 10th Street The CONSULTANT shall include signing and striping plan sheets for re-channelizing the section of 8th Street and 10th Street adjacent the Naval Avenue Elementary School. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 14 of 18 Assumption(s): · Design assumes no modifications to the intersections of Olympic Avenue and 8th Street and 10th Street other than modifications to signing and striping. · Additional plan sheets include up to three (3) channelization and striping plans for 8th/10th conversion and three (3) plan and detail sheets for 13th Street extension. Two (2) additional alignment plan sheets and one (1) site prep sheet. One (1) driveway and curb ramp detail sheet for 13th Street. · Number of plan sheets is estimated and can change through further review with the CITY. · Additional plan sheets will be added to the project and included in the 90% and 100% submittals. Deliverable(s): · One (1) electronic (PDF) set of Plans, Specifications, & Cost Estimate TASK 17. MANAGEMENT RESERVE FUND This amendment, at the direction of the City, adds $30,000 dollars to the management reserve fund to use for unforeseen or otherwise out of scope items moving forward. These expenses will be approved in writing prior to the commencement of any work or direct expenses being carried out. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 15 of 18 Adjusted Submittal Sheet List Sheet Description 30% OTS 60% Actual 90% Updated 100%/AD Updated Cover Sheet with Vicinity Map and Index 1 1 1 1 1 1 Legend, General Notes, Abbreviations, and Project Keymap 2 2 2 2 2 2 Roadway Typical Sections 2 2 3 3 3 3 Summary of Quantities --- 1 1 1 1 Alignment Plans 4 11 4 11 4 11 ROW Plans 9 9 9 Site Preparation Plans 4 11 4 11 4 11 Temporary Erosion & Sedimentation Control (TESC) Notes --- 1 1 1 1 TESC Plans ---- 4 4 4 4 TESC Details --- 1 1 1 1 Paving Plans, Roadway Profiles & Superelevation 8 9 8 8 8 8 Paving Details 1 4 2 2 2 2 Intersection Grading Details 4 15 10 10 10 10 Curb Ramp Grading Details 14 14 14 Pedestrian / Bicycle Details 2 2 2 2 2 Driveway & Property Interface Grading 8 16 8 16 8 16 Drainage Plans & Profiles 8 9 8 9 8 9 Drainage Details --- 2 2 2 2 General Structure Notes Sheet and Vicinity Map Retaining Wall 01 - Plan & Elevation Sheet Retaining Wall 01 – Typical Section and Details Channelization, Pavement Marking & Signing Plans 8 11 8 11 8 11 Signing & Schedule Plans 11 11 11 Pavement Marking Details 2 1 2 1 2 1 Signing Details 2 2 2 2 2 Signals & Illumination Plans 6 11 8 8 8 8 Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 16 of 18 Signal Details (3 Intersections) 4 3 4 4 4 4 Illumination Schedule & Details --- 2 2 2 2 Streetscape & Landscaping Plans --- 4 4 4 4 Streetscape & Landscaping Details --- 1 1 1 1 Utility Plans 4 5 4 4 4 4 Staging and Traffic Control Sequencing Notes --- 2 2 2 2 Staging and Traffic Control Plans --- 6 6 6 6 Total # Sheets 70 145 104 163 104 163 FEE ESTIMATE City of Bremerton: Naval Ave Pedestrian and Bicycle Enhancements Task # Task Description Total Labor Total Escalation Total Expenses Total Subconsultants Total From Spreadsheet Total For Proposal 1 Project Management & Administration 6,620.93$ -$ -$ -$ 6,620.93$ 2 Quality Assurance / Quality Control 2,803.88$ -$ -$ -$ 2,803.88$ 3 Public Involvement 2,027.86$ -$ -$ 13,481.41$ 15,509.27$ 4 Stakeholder Coordination -$ -$ -$ -$ -$ 5 Data Collection / Review of Existing Information -$ -$ -$ -$ -$ 6 Surveying and Mapping -$ -$ -$ -$ -$ 7 Geotechnical Engineering 1,392.06$ -$ -$ 13,914.00$ 15,306.06$ 8 Traffic Analysis -$ -$ -$ -$ -$ 9 Basis of Design -$ -$ -$ -$ -$ 10 Environmental Documentation & Permitting Assistance 52,542.83$ -$ 1,154.56$ -$ 53,697.39$ 11 30% Design -$ -$ -$ -$ -$ 12 Final Design - PS&E 24,655.92$ -$ -$ -$ 24,655.92$ 13 Ad-Ready Submittal -$ -$ -$ -$ -$ 14 Funding Support -$ -$ -$ -$ -$ 15 Bidding Phase Assistance -$ -$ -$ -$ -$ 16 Real Estate Services -$ -$ -$ -$ -$ 17 Management Reserve Fund 30,000.00$ -$ -$ -$ 30,000.00$ 18 Direct Expenses -$ -$ -$ -$ -$ 148,593.45$ -$ c:\pwworking\west01\d2252748\220221_Bremerton Naval Bike Ped Improv Amendment _ESTIMATE.xlsm Page 1 Task 10 Expenses - Travel for site Visit - Field work Equipment - Printing costs for QC of Deliverables LABOR ESTIMATE, HDR ENGINEERING STAFF City of Bremerton: Naval Ave Pedestrian and Bicycle Enhancements Acevedo, Robert C Liu, Yiwen (Jenny) French, Cameron C Parenteau, Trevor Michael Andrews, Frederick L Vo, John-Viet T Border, Eric Webster Danielski, Lisa C Boeholt, Ann Bassett, Malia Ashley Cody, Sandy R Gifford, Marissa A Ferris, Jennifer M Welch, Ian D Uldall, Tamara Elisa Smith, Eleanor Seiko May, Michael Gregory Robison- Mathes, Anna Lee Gratreak, Leesa M Adair, Tina M Garufi, Katherine Allison Jones, Shoshana Faye Ahrens, Leah Marie Project Role PM/Traffic Lead Traffic EIT Roadway / Water Engineer Structural CAD Structural QC Sr Structural Engineer Bridge Engineer Environmental QC Environmental Planner Sr Environmental Planner Environmental Scientist Environmental Planner Sr Cultural Resources Specialist Sr Biologist Sr Cultural Resources Specialist GIS Analyst Environmental Scientist Environmental Planner Cultural Resources Specialist Technical Editor 0.00 Cultural Resources Specialist Project Accountant Total Labor Total Labor Dollars Billing Rate 219.43 88.91 146.88 93.89 253.56 207.42 122.30 176.10 143.61 133.06 104.61 143.86 179.55 140.91 83.75 97.50 113.77 89.93 129.76 140.96 241.85 112.03 136.78 HDR Job Title ETF.ETF300.Engi neer Traffic Sr ETF.ETF100.EIT Traffic ESA.ESA200.Engi neer Sanitary BIM.BIM210.BIM Specialist Civil 1 PJM.PJM210.Proj ect Manager Engineering EBR.EBR300.Eng ineer Bridge Sr EBR.EBR200.Eng ineer Bridge ENS.SEN300.Envi ronmental Scientist Sr #N/A PLN.PLE200.Envi ronmental Planner 2 ENS.SEN100.Envi ronmental Scientist 1 PLN.PLE300.Envi ronmental Planner Sr ENS.CLR300.Cult ural Resources Specialist Sr ENS.BIO300.Biolo gist Sr ENS.CLR100.Cult ural Resources Specialist 1 ENS.GIS120.GIS Analyst ENS.SEN100.Envi ronmental Scientist 1 PLN.PLE100.Envi ronmental Planner 1 ENS.CLR200.Cult ural Resources Specialist 2 ADM.ADM700.Te chnical Editor PJM.PJM200.Proj ect Manager General ENS.CLR200.Cult ural Resources Specialist 2 FIN.FIN210.Projec t Accountant 1 Direct Rates 77.13 31.25 51.63 33.00 89.13 72.91 42.99 61.90 50.48 46.77 36.77 50.57 63.11 49.53 29.44 34.27 39.99 31.61 45.61 49.55 85.01 39.38 48.08 1 22 0 0 0 0 0 0 3 5 0 0 0 0 0 0 0 0 0 0 0 0 0 4 34 6,620.93$ Project Setup 0 -$ Project Mgmt Plan / Quality Mgmt Plan / HASP 2 2 287.22$ Coordination and Monitoring 10 3 3 2 18 3,426.99$ Invoicing / Status Reporting / EV / WorkPlan 10 2 12 2,467.86$ Subconsultant Management 2 2 438.86$ Project Closeout 0 -$ 2 4 0 8 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 20 2,803.88$ 90 2 4 4 10 1,401.94$ 100 2 4 4 10 1,401.94$ 3 6 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 2,027.86$ OOH 4 2 6 1,055.54$ Final Summary 2 6 8 972.32$ 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ 7 2 0 2 0 0 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 1,392.06$ Geotech Report 2 2 2 2 8 1,392.06$ 8 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ 10 8 0 5 0 0 0 0 10 62 30 84 0 14 4 0 34 24 69 44 12 4 26 0 430 52,542.83$ 10.1 Wetlands, Wildlife, and Habitat Review 10 4 2 16 2,136.36$ 10.2 Cultural Resources Review 0 -$ Desktop Review, Draft APE 1 4 6 20 12 6 49 5,474.71$ Limited Field Investigation (AH survey = 2 buildings only)6 2 4 16 28 3,708.18$ Draft and Final Cultural Resources Assessment (including 2 HPI forms)1 4 6 45 16 4 20 96 10,374.26$ 10.3 ESA Compliance-4(d) Template 1 2 4 2 9 1,134.36$ 10.4 NEPA Documentation 0 -$ ECS Form 1 16 17 2,444.64$ 10.5 Environmental Justice Documentation 1 4 30 8 4 47 6,086.18$ 10.6 Haz Mat Documetation Research and Site Review 2 1 2 8 13 1,593.96$ Hazardous Materials Technical Memorandum 1 2 40 4 4 4 55 6,539.74$ 10.7 Stormwater Pollution Prevention Plan 4 24 28 3,304.92$ 10.8 SEPA and Permit Support 0 -$ SEPA Checklist 3 24 8 35 3,721.47$ Permit Acquisition Support 8 8 1,148.88$ NOI for Stomwater Construction Permit 1 4 5 562.05$ QAQC Environmental Documentation and Apps Pkg. 8 8 8 24 4,313.12$ 11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -$ 12 4 60 100 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 204 24,655.92$ Roadway Design 2 80 20 102 14,067.06$ Signing Design (8th, 10th, & 13th)2 60 20 20 102 10,588.86$ Structural Design 0 -$ Subtask 0 -$ Task Total Hours 46.00 68.00 115.00 48.00 0.00 2.00 2.00 13.00 67.00 30.00 84.00 0.00 14.00 4.00 0.00 34.00 24.00 69.00 44.00 12.00 4.00 26.00 4.00 710.00 Task Total Fee 10,093.78$ 6,045.88$ 16,891.20$ 4,506.72$ -$ 414.84$ 244.60$ 2,289.30$ 9,621.87$ 3,991.80$ 8,787.24$ -$ 2,513.70$ 563.64$ -$ 3,315.00$ 2,730.48$ 6,205.17$ 5,709.44$ 1,691.52$ 967.40$ 2,912.78$ 547.12$ 90,043.48$ Basis of Design Environmental Documentation & Permitting Assistance 30% Design Final Design - PS&E Stakeholder Coordination Data Collection / Review of Existing Information Surveying and Mapping Geotechnical Engineering Traffic Analysis Labor Hours Total Labor Dollars Project Management & Administration Quality Assurance / Quality Control Public Involvement c:\pwworking\west01\d2252748\220221_Bremerton Naval Bike Ped Improv Amendment _ESTIMATE.xlsm Printed 5/24/20221:09 PM Start Date:2/1/2022 Silvas, Jay Tonkinson, Julie Mascorella, Nino Eppich, Greg LaBissoniere Miller, Laura Rearick, Whitney End Date:2/30/23 Senior Consultant Senior Consultant Consultant II Senior Director Director Senior Consultant Rate 200.09$ 175.52$ 118.12$ 295.33$ 173.72$ 144.75$ Year 2 Rate 206.09$ 180.79$ 121.66$ 304.19$ 229.45$ 173.84$ Year 3 Rate 212.27$ 186.21$ 125.31$ 313.32$ 236.33$ 179.06$ Year 4 Rate 218.64$ 191.80$ 129.07$ 322.72$ 243.42$ 184.43$ Year 5 Rate 225.20$ 197.55$ 132.94$ 332.40$ 250.72$ 189.96$ Phase:Consulting Hours Subtotal Consulting Services Subtotal Subconsultant Hours Subtotal Subconsultant Services Subtotal Other Direct Costs (ODCs)ODC Markup Task Subtotal Tasks 1)3 12 2 12 29 5,034.13$ - -$ -$ -$ 5,034.13$ 2)2 4 6 1,102.25$ - -$ -$ 1,102.25$ 3)3 5 8 1,477.86$ - -$ -$ 1,477.86$ 4)4 4 800.36$ - -$ -$ 800.36$ 5)- -$ - -$ -$ -$ 6)- -$ - -$ 660.00 -$ 660.00$ 7)- -$ - -$ 180.00 -$ 180.00$ 8)- -$ - -$ -$ -$ 12 21 - 2 - 12 47 8,414.59$ - -$ 840.00$ -$ 9,254.59$ Phase:Consulting Hours Subtotal Consulting Services Subtotal Subconsultant Hours Subtotal Subconsultant Services Subtotal Other Direct Costs (ODCs)ODC Markup Task Subtotal Tasks 1)6 6 868.50$ - -$ -$ -$ 868.50$ 2)4 6 10 1,563.38$ - -$ -$ 1,563.38$ - - - - 4 12 16 2,431.88$ - -$ -$ -$ 2,431.88$ Phase:Consulting Hours Subtotal Consulting Services Subtotal Subconsultant Hours Subtotal Subconsultant Services Subtotal Other Direct Costs (ODCs)ODC Markup Task Subtotal Tasks 1)2 2 289.50$ - -$ -$ -$ 289.50$ - - - - - 2 2 289.50$ - -$ -$ -$ 289.50$ Phase:Consulting Hours Subtotal Consulting Services Subtotal Subconsultant Hours Subtotal Subconsultant Services Subtotal Other Direct Costs (ODCs)ODC Markup Task Subtotal Tasks 1)2 8 10 1,505.44$ - -$ -$ -$ 1,505.44$ - - - - 2 8 10 1,505.44$ - -$ -$ -$ 1,505.44$ Hours 75 Fees 12,641.41$ Hours - Fees -$ 840.00$ Expense: White Rabbit Group hosting for 12 months and maintenance Survey update (1) and coordination Graphics (3-4) Content update to current pages OOH Update Bremerton Naval Avenue Consulting Hours OOH Update (1) Subtotal: Consultants OOH Update (1) Expense: Wordpress survey plug in Analytics reporting/comment summary OOH mailer Project administration Team meetings Consulting Hours Monthly inovoice and progress report Public meetings Subtotal: Final report Consulting Hours Final report memo Project administration Subtotal: Public meetings Consulting Hours Live public meeting attendance Final report Subtotal: Subconsultant Services Budget Totals Consulting Services Other Direct Costs (ODCs) Copy of Copy of Bremerton Naval Ave_OOH Update Budget_20220110_ll (2).xlsx 5/20/2022 Page 1 of 2 Start Date:2/1/2022 Silvas, Jay Tonkinson, Julie Mascorella, Nino Eppich, Greg LaBissoniere Miller, Laura Rearick, Whitney End Date:2/30/23 Senior Consultant Senior Consultant Consultant II Senior Director Director Senior Consultant OOH Update Bremerton Naval Avenue Consultants -$ 13,481.41$ 14026.86 545.45$ ODC Mark-Up Grand Total Copy of Copy of Bremerton Naval Ave_OOH Update Budget_20220110_ll (2).xlsx 5/20/2022 Page 2 of 2 2019-P152-21 COST ESTIMATE FOR GEOTECHNICAL SERVICES Date:20-May-2022 Naval Avenue, Improvements Revised: Bremerton, Washington Prepared for:HDR Prepared By:MSP/SRB PROPOSED SCOPE: ESTIMATED HWA LABOR TASK: WORK TASK Geotechnical Engr. IX Principal IX Geotechnical Engr. VII Geotechnical Engr. VI Geotechnical Engr. III Geotechnical Engr. I Geologist VI Geologist VI Geologist I Geologist I Admin Support Admin Support Contracts Admin CAD CAD CHANGE IN CHANGE IN DESCRIPTION Boirum Sugar Hawkins Place Brodahl Miller Cressler Thurbur Pemble Parks Strand Fisk Babko Menz Fry TOTAL DIRECT LABOR $91.50 $83.31 $72.50 $69.00 $55.00 $38.00 $33.51 $42.00 $34.00 $25.00 $26.44 $25.00 $39.00 $38.00 $29.12 HOURS COST 5.1 Project Setup Project Setup 3 -3 0 $42 Attend Project Kickoff Meeting 0 $0 5.2 Geotechnical Exploration Program Collect and review available geotechnical data -4 4 0 -$18 Plan Geotechnical Field Exploration Program -4 4 -2 2 0 $40 Conduct Utility Locates -14 8 -6 -$260 Generate Geotechnical Explorations Work Plan Memo and Develop TCPs -8 8 -2 2 0 $26 Conduct Hand Augers and DCP's -12 12 -12 12 0 -$162 Conduct Pavemnet Cores and Hand Augers with DCP -12 12 0 -$156 Conduct Hollow Stem Auger Borings (6 borings)12 12 $402 Generate Boring Logs and Assign Laboratory Testing -10 12 -4 -2 $22 5.4 Geotechnical Engineering Analyses and Recommendations Evaluate Field and Laboratory Data -4 6 2 $49 Generate AASHTO Seismic Design Parameters -4 4 0 -$18 Evaluate Liquefaction Potential Within Observed Soils -1 -2 3 0 -$30 Pavemenet Design Analyses 0 $0 HWA QA/QC 0 $0 Project Coordination Meetings (Assume 2 Meetings)0 $0 Prepare Draft Geotechnical Engineering Report -4 -16 20 2 -2 -4 4 0 $12 Respond to Geotechnical Related Review Comments 4 -2 -2 4 4 $224 Misc Engineering Support (Assume 10 hours)5 -5 0 $70 Conduct Plan and Specification Review 1 10 -10 1 $232 Final Geotechnical Engineering Report -6 8 -4 2 0 $98 5.5 HWA Project Management Invoice Generation and Processing 2 2 $78 Geotechnical Task Management 1 1 2 $124 TOTAL LABOR:1 0 0 23 -24 -98 89 4 24 2 -2 2 -12 10 15 $775 HWA LABOR COSTS Direct Salary Cost (DSC)$775 $0 Overhead (OH) @ 194.86% of DSC $1,510 $6,000 Fixed Fee @ 29% of DSC $225 $3,000 Adjustment due to salary changes from 2019-2021 $484 $0 TOTAL LABOR:$2,994 $1,120 $800 GEOTECHNICAL LABORATORY TEST SUMMARY: TOTAL OTHER COST:$10,920 Est. No.Unit Total Test Tests Cost Cost Grain Size Distribution 4 $115 $460 ESTIMATED PROJECT TOTALS Natural Moisture Content 10 $22 $220 $2,994 Atterberg Limits (plasticity index)2 $220 $440 $10,920 LABORATORY TOTAL:$1,120 TOTAL COST INCREASE: $13,914 Type of Change in Budget from 2019 to 2021 New cost due to addiitional scope Removed Cost Notes:Hours Shifted From Person 1. This estimate is of changes from orignal budget in 2019 to new budget submitted in 2021.Hours Shifted to Person 2. Subcontactor fees account for $10,920 of the cost increase Red #Increased hours due to additional scope 3. Fee would be higher but staff to be utilized was adusted to reduce costs and some hours shifted from select tasks. 4. Additional cost assocated with HWA labor for additional scope is $2,994 5. Additioanl budget is related to 3 requrested exploration borings needed for producing recommendations for signalization and retaining wall construction. Labor Costs Other Costs Traffic Control Sign Rental and Message Board Rental and one day of flaggers Private Utility Locator See Attached Scope of Work PERSONNEL AND 2021 HOURLY RATES Mileage / Misc. ESTIMATED OTHER COSTS Laboratory Testing Core Holes $50/hole Subcontracted Driller for 3 New Borings Budget Estimate_changes 5-20-22.xlsx HWA Geosciences Inc. 13TH STREET4TH STREET5TH STREET8TH STREET10TH STREETNAVAL AVENUE11TH STREET6TH STREETBURWELL STREETPROJECT SITE1ST STREET15TH STREETLOCATIONPROJECT℄℄℄℄1"=300'SHEETVERT.HORIZ.SCALEBYDATENO.CITY OF BREMERTONREVISIONSDESCRIPTIONDEPARTMENT OF PUBLIC WORKS & UTILITIESCAD FILE:ENGINEERING DIVISIONIF NOT SCALE ACCORDINGLYTWO INCHES AT FULL SCALE1"02"PN: DESC Naval AvenueVicinity Map11 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Cost Reimbursement Agreement Study Session Date: June 8, 2022 with WA State Department of Ecology for Water Right Change Application Review COUNCIL MEETING Date: June 15, 2022 Department: Public Works & Utilities Presenter: Teresa Smith Phone: (360) 473-2347 SUMMARY: The Cost Reimbursement Agreement will reimburse Washington State Department of Ecology for time spent on technical assistance and review of a draft report of examination for the City of Bremerton’s water right change application to designate replacement Well 1R as the new point of withdrawal for the original water right claim for Well 1. ATTACHMENTS: Cost Reimbursement Agreement that sets terms and conditions, scope of work, and deliverables. FISCAL IMPACTS (Include Budgeted Amount): $7,020 from the Water Utility operations budget. No budget additions or changes required. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Cost Reimbursement Agreement between the City of Bremerton and WA State Department of Ecology, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 A2 Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 1 of 13 Cost-Reimbursement Agreement (CRA) Between State of Washington Department of Ecology and City of Bremerton CRA Project No. XXXX Phase 2 PART A SPECIAL TERMS AND CONDITIONS AND SCOPE OF WORK Effective Date: date of signature by the Washington State Department of Ecology End Date: May 31, 2025 Applicant Information Project Manager/ Primary Point of Contact Billing Contact Name Cami Apfelbeck Cami Apfelbeck Company City of Bremerton City of Bremerton Address 100 Oyster Bay Ave N Bremerton, WA 98312 100 Oyster Bay Ave N Bremerton, WA 98312 Telephone (360) 473-5920 (360) 473-5920 Fax E-mail cami.apfelbeck@ci.bremerton.wa.us cami.apfelbeck@ci.bremerton.wa.us Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 2 of 13 Ecology Information Technical Project Manager/Primary Point of Contact Program Primary Point of Contact Name Chelsea Jefferson Amy Pearson Address PO Box 330316 Shoreline, WA 98133 PO Box 47600 Olympia, WA 98504 Telephone 425-495-2603 (360) 515-6811 E-mail chelsea.jefferson@ecy.wa.gov amy.pearson@ecy.wa.gov Project Description The City of Bremerton (City) submitted an application for change in the point of withdrawal for groundwater claim G1-116705CL on February 3, 2022 (CG1-116705CL). The proposed point of withdrawal is located approximately 500 feet upstream of the authorized point of withdrawal in the Anderson Creek sub-basin within the Kitsap Basin, cooresponding to Water Resources Inventory Area (WRIA) 15. Application No. CG1-116705CL does not contemplate mitigation at this time. Ecology has approved the City of Bremerton’s request to initiate a Phase 2 Cost Reimbursement Agreement (CRA) to evaluate the proposed change in point of withdrawal under Application No. CG1- 116705CL and draft a report of examination (decision) for Ecology’s review. As part of this Phase 2 CRA, Ecology will provide technical assistance to the City and their consultant, Aspect Consulting (Aspect). Ecology staff will invoice the City for all time spent working under this CRA. THEREFORE, IT IS MUTUALLY AGREED THAT: Statement of Work Ecology shall furnish through its internal staff resources the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Scope of Work and Deliverables. Performance Security Performance Security Option Selected and Dollar Amount (Pursuant To Section II.B.6. Of Part B — General Terms and Conditions): Security deposit of $5,000.00 Terms of Agreement Consistent with the provisions of Part B — General Terms and Conditions as well as the provisions of RCW 43.21A.690 and RCW 90.03.265, the following describes the specific tasks, budget detail, and schedule for the scope of work to be performed by Ecology to be subsequently reimbursed by the Applicant pursuant to this CRA. This CRA is intended to expedite Ecology’s decisions and may or may not ultimately result in the issuance of permits. Accordingly, the Parties signatory to this CRA agree: Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 3 of 13 All eligible costs incurred by Ecology must be reimbursed by the City. Eligible costs include all reasonable and necessary direct and indirect costs that arise from evaluating Application No. CG1- 116705CL, including the cost of staff replacement for time spent working under this CRA. Ecology will send statements as costs are incurred for both the direct portion of staff costs and staff replacement costs. SCOPE OF WORK AND DELIVERABLES Background On February 3, 2022, the City submitted Application No. CG1-116705CL for change in the point of withdrawal for groundwater claim G1-116705CL. The proposed point of withdrawal (Well 1R) is located approximately 500 feet upstream of the previous point of withdrawal (Well 1). Well 1 was decommissioned in 2004. Both Well 1 and Well 1R are located in the Anderson Creek sub-basin, tributary to Sinclair Inlet, within the Kitsap Basin (WRIA 15). Anderson Creek is closed to new consumptive appropriations per WAC 173-515-040, adopted in 1981. Ecology requires that 100% of all new impacts on regulatory closures be mitigated. Ecology understands that Application No. CG1- 116705CL does not contemplate mitigation at this time. Scope of Work The purpose of this Phase 2 CRA is for Ecology to provide technical assistance on the proposed change in point of withdrawal and our review of a draft report of examination. Ecology expects that under this Phase 2 CRA, the City’s consultant, Aspect, will draft the public notice and solicit comments on Application No. CG1-116705CL from the Washington State Department of Fish and Wildlife (WDFW) as well as local Tribes and other stakeholders as needed and as directed by Ecology. Ecology may facilitate these discussions and review of the draft report of examination by stakeholders. BUDGET AND SCHEDULE SUMMARY Estimated Hours Estimated Rate Estimated Cost Ecology Direct 52 $72.00 $3,744.00 Staff Replacement Cost 52 $63.00 $3,276.00 Total Cost Estimate $7,020.00 The budget and schedule summary presented here is for informational purposes only. Ecology tracks and manages costs at the total project level. A formal written and signed amendment to this CRA is required to increase the total project budget amount or extend the completion date. Entire Agreement and Signatures This CRA contains all the terms and conditions agreed upon by the parties. This entire CRA consists of Part A, Special Terms and Conditions and Statement of Work and Part B, General Terms and Conditions. No Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 4 of 13 other understandings, oral or otherwise, regarding the subject matter of this CRA shall be deemed to exist or to bind any of the parties hereto. This CRA may be amended by mutual agreement of the parties. A formal written and signed amendment to this CRA is required to increase the cost and scope of work. The signatories to this CRA represent that they have the authority to bind their respective organizations. IN WITNESS WHEREOF, the parties have executed this Agreement. Applicant Authorized Official: Ecology Authorized Official: Name Greg Wheeler Name Mary Verner Signature Signature Date Date Address 345 6th Street Bremerton, WA 98337 Address PO Box 47600 Olympia, WA 98504 Telephone (360) 473-5266 Telephone (360) 407-6672 Fax Fax (360) 407-6574 E-mail Greg.Wheeler@ci.bremerton.wa.us E-mail mave461@ecy.wa.gov Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 5 of 13 PART B -Water Right - GENERAL TERMS AND CONDITIONS Recitals A. Pursuant to RCW 43.21A.690, RCW 90.03, and RCW 90.44 Ecology may enter into voluntary cost- reimbursement agreements with applicants to provide for the recovery of Ecology decision-making expenditures, on behalf of that applicant, related to permit coordination, environmental review, application(s) review, technical studies, permit processing, independent consultants, current staff review, staff technical assistance, and reasonable and necessary direct and indirect costs that arise from processing the permit. B. Further pursuant to, RCW 43.21A.690, RCW 90.03, and RCW 90.44 the Washington State Legislature has stated its intent that cost-reimbursement agreements free permitting agency resources to work on review of other project permits and, in particular, small-project permits. The use of cost -reimbursement agreements must not reduce agency staff available to work on application(s) not covered by cost -reimbursement agreements. Accordingly, this intent cannot be met unless all eligible costs incurred by Ecology are reimbursed by the Applicant. Eligible costs include legal costs for processing and decision -making through any final decision by Ecology and any such subsequent venue of first legal review, e.g., Pollution Control Hearings Board, Environmental and Land Use Hearings Board, Superior Court, etc. C. Fully aware of the above provisions and the full scope and intent of RCW 43.21A.690, RCWs 90.03, and RCW 90.44, and in consideration of Ecology processing any application(s) as provided in RCW 90.03.265, the Applicant will reimburse Ecology for Ecology’s decision -making costs associated with this Agreement as well as for any other such decision -making costs associated with any other application(s) which must be acted upon before the Applicant's. Agreement The Parties hereto agree as follows: A. Cost-Reimbursement Agreement. 1. Scope of Reimbursable Activities. This CRA (i.e., both Part A — Special Terms and Conditions and Scope of Work, and Part B — General Terms and Conditions) provides for reimbursement to Ecology by the Applicant for all reasonable and necessary direct and indirect costs generally described in the body of this CRA, and further described by tasks, budget detail, and schedule in Part A — Special Terms and Conditions and Scope of Work. B. Reimbursement by the Applicant. 1. Liability for Reimbursement. Except as otherwise specifically excepted in this CRA, the Applicant is liable to Ecology for all actual and reasonable costs necessary for the tasks set forth in Part A — Special Terms and Conditions and Scope of Work to process and make decisions concerning the Applicant’s permit application(s), as well as any other application(s) must be acted upon first (see Eligible Costs at II.B.2. below). Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department. These tasks are more fully described in Part A — Special Terms and Conditions and Scope of Work including the identification of any senior application(s) which potentially must be acted upon before the Applicant's, without limiting the eligible costs as incurred by Ecology and reimbursable by the Applicant. Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 6 of 13 [Note — Any listing of application(s) names and numbers of senior application(s) referenced in Part A — Special Terms and Conditions and Scope of Work is based on a preliminary analysis and may not represent a complete list of senior affected application(s). Ecology may add or withdraw application(s) from the list as needed.] 2. Eligible Costs. Consistent with RCW 43.21A.690, RCW 90.03, and RCW 90.44 eligible costs of decision-making under this CRA, include both reasonable and necessary direct and indirect costs. a. Direct Costs. Direct costs are costs incurred as a direct result of Ecology working to fulfill its decision-making responsibilities pursuant to this CRA and the provisions of RCW 43.21A.690, RCW 90.03, and RCW 90.44 including, as applicable, and without limitation, costs of: i. Ecology personnel hours worked directly on the specific application(s) processing and decision-making being sought through this CRA, as well as any processing and decision- making associated with any such senior application(s) which must be acted upon before the Applicant's., Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department. Hours worked directly include all work for purposes of determining whether the application(s) satisfies the “four- part” test of RCW 90.03.290 and any other applicable legal requirements. Hours worked directly also include any hours spent to review the work of any consultant hired as part of this CRA, provide necessary technical assistance in the absence of a consultant with comparable technical skills, attend coordination and decision-making meetings, routine or otherwise, convened to monitor progress, set critical pathways, and generally ensure efficient and straightforward implementation of this CRA, and provide for training for Ecology personnel as necessary to implement this CRA. Costs of Ecology personnel hours includes salaries, retirement plan benefits, Social Security benefits, health care benefits, and other benefits required by law to be paid to, or on behalf of, employees. [Note —The personnel listed in this section are only representative of Ecology employees and their salary. The actual job class and rate on any project may vary.]  Ecology personnel hours are based on position (hourly rates are approximate): WMS Band 2 – $75.00/hour WMS Band 1 – $63.00/hour Hydrogeologist 3 – $63.00/hour Hydrogeologist 2 – $57.00/hour Environmental Specialist 4 – $53.00/hour Environmental Specialist 3 – $46.00/hour Secretary Supervisor – $39.00/hour Secretary Senior – $31.00/hour [Note - Benefit costs are calculated at a rate of 36.0% of Ecology salaries, the indirect rate is calculated at a rate of 28.3% of salaries and benefits and are included in the hourly rates shown above. This rate could change annually]. ii. contracting with and managing independent consultants, whose work is identified, scoped, performed, and managed solely under the exclusive direction and oversight of Ecology, in accordance with the provisions of RCW 43.21A.690, RCW 90.03, and RCW 90.44 and Part A — Special Terms and Conditions and Scope of Work of this CRA, for decision-making work associated with processing and decision- making on the Applicant’s application(s), as well as any processing and decision- making associated with any such senior application(s) which must be acted upon before the Applicant's. Each individual applicant is responsible for his or her own appeal costs that may result from a water right decision made by the department. iii. attorney, litigation, and expert witness fees and costs for decision-making work associated with processing and decision-making on the Applicant’s application(s), including any legal costs for processing and decision- making through any final decision by Ecology and any such subsequent venue of first legal review; Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 7 of 13 [Note —Ecology’s rate for assignment of Assistant Attorney General Counsel is calculated at $130.28 an hour. This rate could change annually.] iv. travel directly related to this CRA, the Applicant’s application(s), and any such senior application(s) which must be acted upon before the Applicant's at actual costs, or the current state rate, whichever is less; v. printing, production, and publishing of documents and other media directly related to this CRA, the Applicant’s application(s), and any such senior application(s) which must be acted upon before the Applicant's at actual rates; vi. purchase or rental of equipment directly related to this CRA, the Applicant’s application(s), and any such application(s) which must be acted upon before the Applicant's up to $500, beyond which advance approval of the Applicant is required; [Note — If, at the end of this CRA, Ecology wishes to retain any purchased equipment, it shall credit the Applicant with the remaining amortized value of the equipment; if Ecology does not wish to retain the equipment, the equipment shall be provided to the Applicant to take possession and ownership.] vii. room rental for meetings and/or public hearings directly related to this CRA, the Applicant’s application(s), and any such senior application(s) which must be acted upon before the Applicant's; and [Note — Ecology shall make reasonable efforts to use low- cost, convenient, and available facilities for such purposes.] viii. Other goods and services as reasonable and necessary to carry out the terms of this CRA at actual rates. b. Indirect Costs. Indirect costs of facilities, communications, personnel, fiscal, and other statewide and agency-wide services are also eligible costs. The agency indirect rate used shall be the rate approved by the agency’s federal cognizant agency (which, as of the writing of this CRA, is the Environmental Protection Agency) for each fiscal year. The agency indirect rate shall be applied to the salaries and benefits paid to Ecology personnel working on this CRA, the Applicant’s application(s), and any such senior application(s) which must be acted upon before the Applicant's. [Note — The indirect rate is calculated at a rate of 28.3% of salaries and benefits. This rate changes annually.] c. Staff Replacement Costs. Consistent with RCW 43.21A690 (3) (4) The department shall make an estimate of the number of permanent staff hours to process the permits, and shall contract with consultants or hire temporary employees to replace the time and functions committed by these permanent staff to the project. In order to maintain permit processing capacity, the agency may hire outside consultants, temporary employees, or make internal administrative changes. The restrictions of chapter 42.52 RCW apply to any cost- reimbursement agreement, and to any person hired as a result of a cost-reimbursement agreement. [Note — Contractor assistance is calculated at an average rate of $135.00/hour (not including travel), based on consultant rates in Ecology’s FY 2011-12 Water Resources Consultant Pool. This rate could change annually.] 3. Status Reports. Within 21 days of request, but not more often than once every 30 days, Ecology shall send to the Applicant a brief status report describing progress made under the terms of this CRA (consistent with the sample status report format provided herewith in Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 8 of 13 Appendix A). Upon written request of the Applicant, Ecology shall provide the Applicant with copies of all written product produced by Ecology or by contracted assistance to Ecology, with respect to the agreed scope of work. The exception to this is documents which are privileged or are exempt from disclosure under the state public records law, RCW 42.56. 4. Preparation of Invoices. Invoices will be prepared on a monthly basis and mailed within 45 days after the close of a month. During the close of a state fiscal year, a supplemental invoice may also be necessary. Invoices will include a summary of costs incurred per the sample invoice provided herewith in Appendix B. If the Applicant has chosen to make a pre- payment as described under 6.c. below, the Applicant will receive a monthly summary in lieu of an invoice. The summary will be similar to the sample invoice in Appendix B except that it will reflect the amount of the pre-payment, costs to date, and the current pre-payment balance. 5. Payment of Invoices. Invoices shall be paid within thirty (30) days upon receipt of the invoice from Ecology. If the Applicant fails to pay an invoice within the stated time, Ecology may stop all work under this CRA until the invoice is paid. The Applicant will be responsible to pay interest at the rate of one percent per month, or fraction thereof, and any additional charges by the independent consultant for expenses of stopping work and later starting up again. 6. Performance Security. Upon execution of this agreement, the Applicant shall deposit with Ecology a performance security to ensure Ecology is reimbursed for all eligible costs incurred as a result of Ecology entering into this CRA. The following performance security options are acceptable: a. A security deposit for twenty-five thousand dollars ($25,000) or in a lesser amount if agreed to by the Parties, but no less than five thousand dollars ($5,000); b. A full pre-payment of costs, mandatory for expedited processing (RCW 90.44). Ecology may stop work on the Applicant’s application(s), as well as any such senior application(s) which must be acted upon before the Applicant's, when the Applicant’s pre-paid funds have been fully expended. Ecology may restart work under this CRA after such time as subsequent pre-paid funds have been received from the Applicant and deposited by Ecology. Pre-payment does not excuse the Applicant from paying costs incurred up to and through any stop work date. In the event performance security option of a, or b is selected, the Applicant is not excused from payment of eligible costs because the security deposit is held by Ecology. Ecology shall use the security deposit to resolve obligations incurred by Ecology as a result of entering into this CRA in the event such obligations are not reimbursed by the Applicant in accordance with the terms of this CRA. The security deposit amounts may be negotiated to a lower amount at the discretion of Ecology on the basis that maximum monthly financial obligations incurred by Ecology as a result of entering into this CRA will be substantially less than $25,000. The particular security deposit approach taken and dollar amount agreed to by the Parties shall be described in Part A – Special Terms and Conditions and Scope of Work, and effected through subsequent signature of the Parties, and if pre-payment is selected then such shall be directed to the Department of Ecology, Cashiering Unit, P.O. Box 47611, Olympia, Washington, 98504-7611. 7. Supplemental Performance Security for Administrative Review. Ecology may require the Applicant to post with Ecology acceptable performance security as a supplement to that already secured to cover all costs, as estimated by Ecology in conjunction with the Office of the Attorney General, of any legal expense associated with any legal review before any venue of first review (e.g., PCHB, ELUHB, Superior Court, etc.).Each individual applicant is Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 9 of 13 responsible for his or her own appeal costs that may result from a water right decision made by the department. Such costs shall include the costs of any attorney’s fees and other reasonable costs incurred by Ecology in connection with any first venue legal review proceedings. The Applicant shall not be liable for such administrative review costs incurred by Ecology in excess of the supplemental performance security amount. C. Decisions on Applicant’s application(s). Final decisions on any aspect of the Applicant’s application(s), as well as any such senior application(s) which must be acted upon before the Applicant's, shall be made by Ecology. The Applicant shall have no control or direction over the work of Ecology staff, independent consultants working for Ecology, or attorneys representing Ecology. The Applicant shall have no direction or control of processing and decision-making on any application(s) processed pursuant to this CRA, either during processing and decision-making or through any such subsequent venue of first legal review D. Termination. 1. For Cause. Either Party may terminate this CRA upon five (5) days written notice if the other Party has breached any of the terms of this CRA and has failed to remedy such breach within thirty (30) days following receipt of notice of the breach. 2. For Lack of Authorization. This CRA will terminate immediately if the Legislature repeals the law under which this CRA is authorized or the courts declare it unlawful if such repeal or declaration is intended to affect existing CRAs. In the event legislative authority to expend funding pursuant to RCW 43.21A.690, RCW 90.03, and RCW 90.44 is withdrawn or amended, Ecology may terminate the contract under the Termination for Convenience clause, without a 30-day notice requirement as required for termination for cause, subject to renegotiation under those legislative authority limitations and conditions. 3. For Convenience. Except as otherwise provided in this contract, either Party may, by five (5) days written notice to the other Party and any relevant contractors assigned pursuant to this CRA, with 5 days beginning on the second day after the mailing, terminate this contract for its convenience. 4. Procedure. If either Party terminates this CRA for any reason before Ecology has rendered a decision on the Applicant's application(s), or on any such senior application(s) which must be acted upon before the Applicant's, the Applicant shall reimburse Ecology for costs incurred under this CRA up to, and through, the effective date of termination. Upon termination, if the Applicant does not reimburse Ecology for the costs incurred within thirty-two (32) days of Ecology’s mailing written demand, Ecology may recover the costs from any performance security posted with or delivered to Ecology as applicable, and shall return or release the unneeded portions of the performance security to the Applicant within thirty (30) days after obtaining satisfaction of all costs incurred. If such recovery is inadequate to obtain full reimbursement, the Applicant shall be liable to Ecology for any remaining unpaid costs; a. If either Party terminates this CRA for any reason after Ecology has rendered a decision on the Applicant's application(s), or on any such senior application(s) which must be acted upon before the Applicant's, the Applicant shall continue to reimburse Ecology, even after termination, and this CRA shall remain in effect, for costs incurred under this CRA up to, and through, any final decision by any such subsequent venue of first legal review, on any and all decisions so rendered by Ecology before the Applicant terminated this CRA. Upon termination, if the Applicant does not reimburse Ecology for the costs incurred within thirty-two (32) days of Ecology’s mailing written demand, Ecology may recover the costs from any performance security posted with or delivered to Ecology as applicable, and shall Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 10 of 13 return or release the unneeded portions of the performance security to the Applicant within thirty (30) days after obtaining satisfaction of all costs incurred. If such recovery is inadequate to obtain full reimbursement, the Applicant shall be liable to Ecology for any remaining unpaid costs; b. Upon termination by either Party for any reason, if the Applicant does not withdraw the application(s) covered by this CRA, Ecology shall be released from any commitment under this CRA with respect to processing and decision-making associated with the application(s). Equipment purchased to process and make decisions concerning the Applicant's application(s),or on any such senior application(s) which must be acted upon before the Applicant's, may remain the property of Ecology per the provisions of II.B.2.a.vi. above; c. Upon termination by either Party for any reason, Ecology may, at its discretion, stop or continue its processing and decision-making work on any application(s) covered by this CRA, but the Applicant shall not thereafter be responsible to reimburse Ecology for direct or indirect costs incurred for processing and decision- making on the application(s) on which no decision was rendered before a Party terminated this CRA; and d. The rights and remedies of the Parties shall be limited to those expressly provided in this CRA and its Appendices, including those in this Termination section. E. Additional Provisions. 1. No Waiver. No Party shall be construed to have waived any of its respective rights or interests in this CRA by a failure, in any instance, to have asserted, or made claim on, such right at the time such Party was entitled to assert the same. Waiver of any default or breach shall be deemed neither to be a waiver of any subsequent or other default or breach, nor a modification of the terms of this CRA unless stated to be such in writing, signed by Ecology, and attached to the original CRA. 2. Entire Agreement. This CRA and its Appendices (i.e., Appendix A — Sample Acceptable Status Report, and Appendix B —Sample Invoice), together with subsequent amendments signed and agreed to by the Parties, constitute the entire CRA between the Parties. 3. No Modification. There shall be no modification, amendment, change, or alteration of this CRA recognized as valid and binding on the Parties hereto unless same shall be reflected in a written instrument executed by the Parties. 4. No Assignment. Neither this CRA, nor any claim arising under this CRA, shall be transferred or assigned by the Applicant without the prior written consent of Ecology. 5. No Effect on Legal Requirements or Processes. Nothing in this CRA shall be construed to limit Ecology from complying with its obligations under applicable laws or from considering public comments received in any environmental review or regulatory process. This CRA shall not be interpreted in any manner to predispose or predetermine the outcome of any application(s), permit, environmental review, or other legal process. 6. Indemnification. The Applicant shall defend, protect and hold harmless the State of Washington, Ecology, or any employees or contractors thereof, from and against all claims, suits or actions arising from the Applicant’s acts which are libelous or slanderous, result in injury to persons or their rights or property, violate a right of confidentiality, or use or reproduce material of any kind which constitutes an infringement of any copyright, patent, trademark or trade name. Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 11 of 13 7. Dispute Resolution. a. Except for disputes regarding decisions of Ecology on the Applicant's application(s), or any such senior application(s) which must be acted upon before the Applicant's, any dispute arising under this CRA shall be decided by the Ecology official signatory to this CRA, or other authorized official of Ecology, who shall reduce his/her decision to writing and furnish a signed copy to all Parties signatory to this CRA. The decision of the Ecology official signatory to this CRA, or other authorized official of Ecology, shall be the final and conclusive decision of Ecology unless, within thirty (30) days from the receipt of a copy of such decision, either Party signatory to this CRA submits in writing to the other Parties a notice of its intent to appeal the decision of Ecology to a dispute resolution board. In such cases, the written request to appeal to a dispute resolution board must state the disputed issue(s), state the relative positions of the Parties, and be sent to all Parties. Parties must provide a written response within seven (7) days. Once a Party requests a dispute resolution board, each Party shall designate a representative, except that Ecology may designate a number of representatives equal to the number designated by all other Parties combined. The representatives shall mutually select a third member (or an additional member for disputes involving more than two Parties). The costs of the third or additional member shall be jointly shared. The dispute resolution board shall evaluate the facts, CRA terms, applicable statutes and rules, and make a determination by majority vote. The decision of the dispute resolution board shall be final and binding on all Parties and shall be governed by Chapter 7.04A RCW. b. Review of any decision of Ecology pursuant to sub-section 7.a. above shall not be sought under Chapter 43.21B RCW. Any action or proceeding brought to enforce or to review any decision otherwise arising out of or relating to this CRA, unless excepted in sub- section 7.a. above, shall be brought in the Superior Court of Thurston County. Pending final resolution of a dispute pursuant to this sub-section (i.e., 7.b.) the Parties shall proceed with the performance of this CRA in accordance with Ecology's final decision. 8. Governing Law. This CRA shall be governed by the laws of the State of Washington. The Applicant, by signing this CRA, acknowledges the jurisdiction of the courts of the State of Washington in this matter. 9. Severability. No provision of this CRA is severable from any and all other provisions of this CRA. Should any provision or provisions of this CRA be unenforceable for any reason, the Party finding itself unable to enforce said provision(s) may, at its sole discretion, declare this entire CRA to be null and void. 10. Records. Ecology shall maintain a complete record of publicly discloseable documents (i.e., correspondence, invoices, quarterly reports, work products, agreements, etc.) for the benefit of any Party interested in securing access to such record. Ecology does not waive its right to withhold documents privileged or exempt from RCW 42.56. 11. Notice. Any notice given under the provisions of this CRA by either Party to the other shall be deemed properly given upon receipt if in writing and delivered by hand or registered or certified mail addressed to the Parties. 12. Counterparts. This CRA may be executed in any number of counterparts, and each executed counterpart shall have the same force and effect as an original instrument as if all of the Parties to the aggregate counterparts had signed the same instrument. Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 12 of 13 APPENDIX A SAMPLE STATUS REPORT DATE TO: Applicant Project Manager FROM: Ecology Project Manager SUBJECT: Status Report on CRA Project No. 9R** The following provides a brief report on the status of activities occurring pursuant to your cost- reimbursement agreement with Ecology, and is intended to bring you up to current on the overall progress.  Looking Back — Activities Completed Since Last Status Update:  Looking Ahead — Activities Planned and Upcoming:  Problem Areas — Areas With Real (or Potential) Issues: If you have questions regarding this status update, please feel free to contact me. Thank you. Cc: Financial Manger File Washington State Department of Ecology Cost-Reimbursement Agreement (CRA) Page 13 of 13 APPENDIX B SAMPLE INVOICE Date COMPANY NAME ADDRESS CITY, STATE ZIP INVOICE Agreement No.______ Invoice No.: __________ Invoice for Ecology Cost Reimbursement Agreement Project No ____through (Date) Cost to Date Less Previous Invoices Current Invoice Amount Salaries 0.00 0.00 0.00 Benefits 0.00 0.00 0.00 Indirect 0.00 0.00 0.00 Contracts 0.00 0.00 0.00 Goods & Services 0.00 0.00 0.00 Travel 0.00 0.00 0.00 Staff Replacement 0.00 0.00 0.00 TOTAL Please remit payment and a copv of this invoice by (Date) to: Department of Ecology Cashiering Unit PO Box 47611 Olympia, WA 98504-7611 If you have any questions or desire further information regarding the agreement contact (Project Manager) at (phone). If questions are regarding the billing please contact (Fiscal Contact) in Receivables at (phone). FOR AGENCY USE ONLY: Invoice No.: ________ ___________________________________ _________________________________ __________ cc: Project Manager Financial Manager AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Approval to Submit (2) Grant Applications with the WA Administrative Office of the Courts; and (1) with the US Department of Justice, Bureau of Justice Assistance; and to Approve a Memorandum of Understanding COUNCIL MEETING Date: June 15, 2022 Department: Municipal Court Presenters: Judge Tracy Flood Dawn Williams Phone: (360) 473-5242 SUMMARY: The Bremerton Municipal Court would like to apply for 3 grant opportunities. The first two (2) grants are with the WA Administrative Office of the Courts (AOC): 1) Court Backlog Reduction and Audio/Visual Enhancements: This grant would provide funds to assist in improving audio/visual systems in the courtrooms and the backlog reduction grant would provide funds to assist in paying for Pro Tem Judges and other expenses necessary to reduce the backlog created by the COVID pandemic. No matching funds are required for this grant. These funds are available for use from 7-1-2022 until 6-30-2023. 2) Therapeutic Courts and Community Justice Counselors: This grant would provide funding to assist in establishing a Therapeutic Court, as well as provide funding for community justice partners. No matching funds are required for this grant. These funds are available for use from 7-1-2022 until 6-30-2023. 3) The third grant is with the US Department of Justice, Bureau of Justice Assistance (BJA) for the Community Courts Initiative Program: This grant opportunity is a much more significant grant and does require the City to commit to matching funds in the amount of $200,000 (this is 25% of the grant if a full grant of $600,000 is awarded). This grant award covers a 48-month period. The break down is essentially for a $50,000 a year investment, the City would receive $150,000 a year in grant funds for 4 years. Also included is a Memorandum of Understanding that is required to be executed to apply for this grant. ATTACHMENTS: Blank Grant Applications and Memorandum of Understanding FISCAL IMPACTS (Include Budgeted Amount): The BJA grant would require the City to commit to a match of 25% of the total cost of the program. This is anticipated to be approximately $50,000 a year for 4 years. The AOC grants do not require any matching funds so there would be no impact to the budget. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Motion #1 – Move to allow Municipal Court to Submit (2) grant applications with the WA Administrative Office of the Courts; and (1) with the Bureau of Justice Assistance with a commit to supplying the necessary matching funds for the BJA grant. Motion #2 – Move to approve the Memorandum of Understanding (MOU); and authorize the Mayor and Municipal Court Judge to execute the MOU on behalf of the City. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A3 WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction 1. Name and Title of Applicant: 2. Jurisdiction: 3. Phone number and email: 4. Are you applying for (check all that apply): ☐ Funding for Therapeutic Courts $ ☐ Funding for Community Justice Counselors $ TOTAL: $ 5. Have you applied in the past? If yes, please specify if you would like your prior application considered. If so, please state that clearly, leave the remainder of the form blank, and complete the signature box at the end. 6. Has your court or city already received funds to support the activities for which you’re requesting these state funds (this includes other grants, CARES funding or any other COVID relief funding: ☐ No ☐ Yes 5a. If yes, please describe including dollar amounts: 7. From the following three options, please select the category that best represents your court’s current position. Please select only one. ☐ My court does not have an existing therapeutic court program or any community justice counselors. ☐ My court has an existing therapeutic court program that it would like to expand, or would like to hire additional community justice counselors. ☐ My court has an existing therapeutic court program and we need additional funding to maintain it. The 2022 Supplemental Budget includes funds to be awarded to courts for the following purposes: 1. For the creation of new therapeutic courts or the expansion of services being provided to an existing therapeutic court. Funding may not supplant existing funds utilized for this purpose. ($4,900,000 total available statewide); 2. Support community justice counselors and community coordinators that work with municipal and district court drug and therapeutic court programs. Community justice counselors are responsible for working with court participants to ensure connection to community services and existing resources to support completion of court requirements. Funding may also be used for additional supports for participants, including bus passes and other transportation assistance, basic cell phones and phone cards, and translation services. ($2,469,000 total available statewide); Please contact Stephanie Oyler, Court Association Coordinator, with questions [or to email your completed application along with supporting documentation] at stephanie.oyler@courts.wa.gov or 360-890-0901. Your application must be signed/dated by the Presiding Judge and Court Administrator. The final deadline for applications is 5:00 PM June 17, 2022. Applications will be reviewed and monies awarded by July 8, 2022. WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS APPLICATION FOR GRANT FUNDING Therapeutic Courts and Community Justice Counselors in Courts of Limited Jurisdiction 8. Please describe your court’s proposed program or your court’s need for community justice counselors, including your planned start date and target population. If you have an existing program, please describe your program and how your program will expand with this grant funding. 9. Briefly explain how your court’s program does or will comply with evidence-based best practices if chosen to receive grant funding. 10. Briefly explain how your court’s program does or will address racial inequities and increase access to the courts. 11. Briefly explain how your court collaborates with other courts and community partners to address substance use disorder and the behavioral health needs of defendants. 12. Provide a justification statement, including priority of costs for potential funding. 13. For Therapeutic Court Grant Applicants - Please provide your anticipated costs (utilizing grant funds) for each of the following cost categories: Personnel Salaries & Benefits $ Staff Equipment & Training $ Treatment Services/Compliance Monitoring $ Other Participant Services* $ Total Request for these Grant Funds: $ * Includes other supportive services meant to ensure participant success – e.g. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water, and snacks, but excluding program incentives that would constitute a “gift.” 14. For Community Justice Counselors Grant Applicants - Please provide your anticipated costs (utilizing grant funds) for each of the following cost categories: Personnel Salaries & Benefits $ Staff Equipment & Training $ Treatment Services/Compliance Monitoring $ Other Participant Services* $ Total Request for these Grant Funds: $ * Includes other supportive services meant to ensure participant success – e.g. transportation services, including bus passes or car services providing transportation to court related activities and direct provision of meals, water, and snacks, but excluding program incentives that would constitute a “gift.” Presiding Judge (Print Name): Signature: ____________________________________ Date: ____________________________ Administrator (Print Name): Signature: ____________________________________ Date: ____________________________ WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS APPLICATION FOR GRANT FUNDING Backlog Reduction and Audio/Visual Enhancement Grants 1. Name and Title of Applicant: 2. Court Name: 3. Enter amount requested in dollars: 4. Has your court or city already received funds to support the activities for which you’re requesting these state funds (this includes other grants, CARES funding or any other COVID relief funding: ☐ No ☐ Yes: Amount $ 5. With regards to the overall cost of the activity, what percent will the requested funds comprise? For instance, if the request is for $100,000 in audio/visual grant funds, that may be 50 percent of the total cost of the renovation project. 6. Request Categories (Check all that apply and attach required documentation) Category Required Documentation ☐ Trial court backlog created by the pandemic. A memo outlining the size of the backlog, the steps already taken to resolving it, and the anticipated date of backlog elimination with and without additional funding. ☐ Audio Visual upgrades in courtrooms ($50,000 per court room. Example: If you have 4 court rooms you would apply for $200,000) A memo that discusses the current A/V state of the courtroom(s) in question, additional enhancements that have been made during the pandemic, and how these upgrades would expand access to justice. This application format is intended to accommodate jurisdictions that do not have formal grant-writing staff. The memos should be complete and convincing so as to make the best case possible for funding. The 2022 Supplemental Budget includes funds to be awarded to courts for the following purposes: 1. Address the trial court backlog created by the pandemic through the use of pro tem judges and backlog coordinators ($2,050,000 total available statewide); 2. Audio visual upgrades in courtrooms ($5,000,000 total available statewide); Please email your completed application along with supporting documentation to AOC Comptroller, Angie Wirkkala, at angie.wirkkala@courts.wa.gov. Your application must be signed by the Presiding Judge and Clerk/Administrator. The final deadline for applications is 5:00 PM June 17, 2022. Applications will be reviewed and monies awarded by July 8, 2022. For questions, please email AOC Chief Financial & Management Officer, Christopher Stanley, at Christopher.Stanley@courts.wa.gov. Presiding Judge (Print Name): Signature: ____________________________________ Date: ____________________________ Administrator (Print Name): Signature: ____________________________________ Date: ____________________________ 1 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (the “MOU”) is entered into by and between the City of Bremerton Municipal Court (the “Municipal Court”), the City of Bremerton, the City of Bremerton City Attorney (the “City Prosecutor”), and the LaCross & Murphy, PLLC (the “Public Defender”). Recitals A. The Municipal Court is planning to create the Bremerton Therapeutic Court (the “Therapeutic Court”), which will serve Bremerton residents charged with or convicted of misdemeanor crimes who have a co-occurring mental health condition and/or substance abuse disorder. The goal of the Bremerton Therapeutic Court is to reduce recidivism by helping participants address their various diagnoses, improve their quality of life, and learn life skills that stop the revolving door of incarceration. The Therapeutic Court will work with community social service providers to offer comprehensive, wraparound services to participants who voluntarily enter the program. B. To receive funding for planning and implementing the Therapeutic Court, the Municipal Court is seeking $600,000 in grant funding, over a 48-month period, from the U.S. Department of Justice, Bureau of Justice Assistance 2022 Community Courts Initiative (the “DOJ Grant”). A condition of receiving the DOJ Grant is that the project receive $200,000 over the 48-month period in matching funds from a non-federal source of funds. C. The purpose of this MOU is to set forth the parties’ roles and obligations with respect to the Therapeutic Court. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. The Municipal Court will apply for the DOJ Grant, as well as state of Washington Administrative Office of the Courts grant funding, to obtain the necessary funding to create the Therapeutic Court. The Municipal Court will be responsible for further planning, establishing, and implementing the Therapeutic Court and will remain generally responsible for the overall operation of the Therapeutic Court. 2. The City will take the necessary steps for the City of Bremerton to provide $200,000 for the Therapeutic Court, over the 48-month period of the grant, as matching funds for the DOJ Grant. 3. The City Prosecutor will participate in the planning process for the Therapeutic Court. The City Prosecutor will be responsible for screening individuals for eligibility for the Therapeutic Court program and notifying those who are eligible and their attorneys. 2 4. The Public Defender will participate in the planning process for the Therapeutic Court. The Public Defender will be responsible for submitting applications for participation in the Therapeutic Court program on behalf of those eligible individuals who are interested in participating. 5. This MOU shall be effective as of June 15, 2022. IN WITNESS WHEREOF, this MOU has been executed by the duly authorized representatives of the parties. CITY OF BREMERTON MUNICIPAL COURT CITY OF BREMERTON By: By: Name: Name: Title: Title: Date: Date: CITY OF BREMERTON CITY ATTORNEY LACROSS & MURPHY, PLLC By: By: Name: Name: Title: Title: Date: Date: AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Proposed Public Hearing on Resolution adopting the 2023 – 2028 Six Year Transportation Improvement Program Study Session Date: June 8, 2022 COUNCIL MEETING Date: June 15, 2022 Department: PW&U Presenter: Vicki Grover Phone: (360) 473-2317 SUMMARY: The Six Year Transportation Improvement Program (TIP) is prepared pursuant to RCW 35.77.010. The TIP is updated annually and filed with the Puget Sound Regional Council (PSRC) and Washington State Department of Transportation (WSDOT). It is intended as a planning tool for the local, State and Federal transportation funding entities. The TIP has been prepared for City Council approval by Resolution prior to submittal to PSRC and WSDOT. This TIP is consistent with Bremerton’s Comprehensive and Non-Motorized Transportation Plans. ATTACHMENTS: 1) 2023 – 2028 Six Year City TIP Projects; 2) Resolution No. _____; 3) List of Project Changes from Previous Year’s TIP FISCAL IMPACTS (Include Budgeted Amount): Annual adoption of a Six Year TIP is required by State law and is necessary to receive certain State and Federal Transportation funds. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. _____, which approves the City’s 2023 – 2028 Six Year Transportation Improvement Program and allow the Mayor to forward the Resolution and Plan to the Puget Sound Regional Council and Washington Department of Transportation. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A4 20282023 2024 2025 2026Six‐Year Period TotalPROPOSED TRANSPORTATION IMPROVEMENT PROGRAM2023‐20282027Tier 1 FundedCity Safety Improvement130,000130,000 130,000130,000 130,000TR00066780,000130,000Signal System Upgrades100,000100,000 100,000100,000 100,000TR00068600,000100,000City Street Lighting35,00035,000 35,00035,000 35,000TR00105210,00035,000Streets Preservation and Maintenance Program750,000750,000 750,000750,000 750,000TR001394,500,000750,000Signage and Pavement Marking Maintenance170,000300,000 300,000170,000 170,000TR001421,410,000300,000Sidewalk Program445,000775,000 775,000775,000 775,000TR001434,320,000775,000Bridge Inspection and Repair Program‐20,000 20,000‐‐TR0014460,00020,000Systemic Pedestrian Treatments Bundle ‐ Rectangular Rapid Flashing Beacons‐783,793 ‐‐‐TR00149783,793‐E11th Street and Perry Avenue Reconstruction‐301,938 ‐‐‐TR00001301,938‐Quincy Square on 4th Street‐4,356,161 ‐‐‐TR000024,356,161‐6th Street Phase III‐195,500 ‐2,521,702 ‐TR000052,717,202‐Washington Avenue Roundabout‐992,143 ‐‐‐TR00006992,143‐Upper Shore Drive Shared Use Path‐50,000 ‐50,000 ‐TR00023100,000‐SR 303 Warren Ave Bridge Pedestrian Improvements‐‐ 500,000500,000 12,000,000TR0002925,000,00012,000,000 Traffic Model Development/Corridor Capacity and Signal OpƟmizaƟon Study‐10,000 ‐‐‐TR0003810,000‐View Ridge Elementary (Almira SRTS) Phase 1‐‐ 700,000250,000 4,050,000TR00043A5,000,000‐Wayfinding Signage‐150,000 ‐101,945 ‐TR00064251,945‐West Kitsap Way Reconstruction/Rechannelization Planning Study‐300,000 ‐‐‐TR00096A300,000‐Transportation Planning (JCTP, Non‐Motorized, Comp Plan)‐250,000 ‐‐‐TR00146250,000‐Belfair Valley Road Subgrade Repair & Overlay‐150,000 ‐100,000 ‐TR00151250,000‐Downtown Lighting‐40,000 ‐‐‐TR0015240,000‐$1,630,000$9,689,535 $3,310,000$5,483,647 $18,010,000 $52,233,182Tier 1Subtotal $14,110,000Tier 2 Partially FundedNaval Avenue Road Diet‐908,000 10,100,000908,000 ‐TR0001011,916,000‐Oyster Bay Avenue Improvements6,035,372‐‐‐ 250,000TR000206,955,000669,628Ricky Road ‐ Street Light Construction‐‐‐200,000 ‐TR00060200,000‐Werner Road ‐ Signal Improvements and Widening‐‐ 350,000‐ 350,000TR000657,700,0007,000,000Cross‐SKIA Connector and Lake Flora Road ‐ New intersection‐‐ 185,000‐‐TR00130185,000‐Sinclair / Union Intersection Improvements1,000,000‐‐‐‐TR001481,250,000250,000Phinney Bay Retaining Wall and Guardrail Project‐50,000 ‐1,000,000 ‐TR001541,050,000‐$7,035,372$958,000 $10,635,000$2,108,000 $600,000 $29,256,000Tier 2Subtotal $7,919,628Tier 3 UnfundedGreen Standard Pedestrian Improvements‐‐‐‐‐TR00113‐‐Green Standard Bicycle Improvements‐‐‐‐‐TR00114‐‐Yellow Standard Pedestrian Improvements‐‐‐‐‐TR00115‐‐Yellow Standard Bicycle Improvements‐‐‐‐‐TR00116‐‐5/11/2022Page 1 of 3 20282023 2024 2025 2026Six‐Year Period TotalPROPOSED TRANSPORTATION IMPROVEMENT PROGRAM2023‐20282027Area B Collector Road‐‐‐‐‐TR00117‐‐Area C Collector Road‐‐‐‐‐TR00118‐‐Area D Collector Road‐‐‐‐‐TR00119‐‐Area F Collector Road‐‐‐‐‐TR00120‐‐Area G Collector Road‐‐‐‐‐TR00121‐‐Local Access Projects ‐ 5.64 miles of local access road‐‐‐‐‐TR00122‐‐11th Street Reconstruction (Warren to Pacific)‐‐‐‐‐TR00007‐‐Sheridan Reconstruction‐‐‐‐‐TR00015‐‐Sylvan Reconstruction‐‐‐‐‐TR00016‐‐Pine Road Construction‐‐‐‐‐TR00017‐‐Improve Shorewood Drive through the NAD Park to Jackson Park‐‐‐‐‐TR00022‐‐East/West Corridor Diet (6th Street)‐‐‐‐‐TR00024‐‐National Avenue Reconstruction‐‐‐‐‐TR00026‐‐North/South Corridor Bike/Ped Backbone Improvements‐‐‐‐‐TR00027‐‐E. Bremerton Shared Use Path‐‐‐‐‐TR00028‐‐Marine Drive NMT Improvements‐‐‐‐‐TR00030‐‐Auto Center Way Multimodal Conversion‐‐‐‐‐TR00031‐‐Tracyton Beach Drive Improvements‐‐‐‐‐TR00032‐‐Intelligent Transportation Systems (ITS) Program‐‐‐‐‐TR00033‐‐Arsenal Way/Patton Ave Safety Improvements‐‐‐‐‐TR00034‐‐SR 303 Corridor Improvements (Plan Implementation)‐‐‐‐‐TR00036‐‐Crownhill Elementary (SRTS) Phase II‐‐‐‐‐TR00039‐‐Mountain View Middle School (SRTS)‐‐‐‐‐TR00040‐‐Armin Jahr Elementary (SRTS)‐‐‐‐‐TR00041‐‐View Ridge Elementary (Almira SRTS) Phase 2‐‐‐‐‐TR00043B‐‐Naval Avenue Elementary (SRTS)‐‐‐‐‐TR00044‐‐State Street Pedestrian Corridor Improvement‐‐‐‐‐TR00046‐‐Gorst Sinclair Trail (Planning)‐‐‐‐‐TR00047‐‐Dockside Access Way (Planning)‐‐‐‐‐TR00048‐‐Riddell Road Sidewalk Improvement‐‐‐‐‐TR00053‐‐Anderson Cove Sidewalks‐‐‐‐‐TR00055‐‐Matan & Lillian & James Sidewalk Connector‐‐‐‐‐TR00056‐‐Pine Road ‐ Street Light Construction‐‐‐‐‐TR00061‐‐Burwell Street Adaptive Signals‐‐‐‐‐TR00071‐‐PSNS Main Entrance ‐‐‐‐‐TR00074‐‐Bridge to Bridge Trail Wayfinding‐‐‐‐‐TR00085‐‐Downtown Circulation Study‐‐‐‐‐TR00088‐‐5/11/2022Page 2 of 3 20282023 2024 2025 2026Six‐Year Period TotalPROPOSED TRANSPORTATION IMPROVEMENT PROGRAM2023‐20282027Manette Traffic Circulation Study‐‐‐‐‐TR00089‐‐Belfair Valley Road Shoulder Widening for Multimodal‐‐‐‐‐TR00095‐‐West Kitsap Way Reconstruction/Rechannelization Implementation‐‐‐‐‐TR00096B‐‐West Belfair Valley Road Reconstruction‐‐‐‐‐TR00097‐‐STEM Academy (National/Arsenal) SRTS‐‐‐‐‐TR00100‐‐4th Street Landscaping Replacement/Sidewalk Repair‐‐‐‐‐TR00102‐‐Hospital District Street Improvements; Callahan, Cherry, Wheaton‐‐‐‐‐TR00106‐‐Sidewalk Improvement (Wheaton Way at Callahan)‐‐‐‐‐TR00108‐‐Repair Downtown Street Standard Banner Supports‐‐‐‐‐TR00109‐‐Kitsap Lake Vicinity Ped/Bike Improvements‐‐‐‐‐TR00110‐‐Marine Drive LOS Improvements at Kitsap Way‐‐‐‐‐TR00111‐‐SR 3/Imperial Way ‐ signalize intersection, modify approaches‐‐‐‐‐TR00123‐‐SR 3/Sunnyslope Road ‐ signalize intersection, modify approaches‐‐‐‐‐TR00124‐‐SR 3/SR 16/Sam Christopherson Ave ‐ grade separation‐‐‐‐‐TR00125‐‐Old Clifton Road/SR 16 Eastbound Ramps ‐ Signalize intersection‐‐‐‐‐TR00126‐‐Old Clifton Road/SR 16 Westbound Ramps ‐ Signalize intersection‐‐‐‐‐TR00127‐‐Analysis Area C and SR 3 ‐ New intersection‐‐‐‐‐TR00128‐‐Analysis Area C/D and Lake Flora Road ‐ New intersection‐‐‐‐‐TR00129‐‐Cross‐SKIA Connector/ Analysis Area B/ SR 3 ‐ New intersection‐‐‐‐‐TR00131‐‐SR 3 Widening ‐ Widening from Imperial Way to Gorst‐‐‐‐‐TR00132‐‐Lake Flora Widening‐‐‐‐‐TR00133‐‐Belfair Bypass ‐ 2‐lane divided highway‐‐‐‐‐TR00134‐‐Trails‐12 miles of trails‐‐‐‐‐TR00135‐‐Lower Wheaton Way Reconstruction (Lebo to Sheridan)‐‐‐‐‐TR00136‐‐11th Street / Callow Avenue Intersection Improvements‐‐‐‐‐TR00150‐‐12th Street Reconstruction (Warren/Elizabeth)‐‐‐‐‐TR00155‐‐11th Street Preservation (Kitsap Way to Chester)‐‐‐‐‐TR00156‐‐‐‐‐‐‐ ‐Tier 3Subtotal ‐Grand Total$8,665,372$10,647,535 $13,945,000$7,591,647 $18,610,000 $81,489,182$22,029,6285/11/2022Page 3 of 3 Page 1 of 1 Resolution Six Year Transportation Improvement Program Rev. 09/2021 RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2023 – 2028 Six Year Transportation Improvement Program. WHEREAS, after proper notice, the City Council of the City of Bremerton held a public hearing at the regular meeting of the City Council at 5:30 p.m. on June 15, 2022 to consider public testimony on the City’s proposed 2023 - 2028 Six Year Transportation Improvement Program and, having considered public testimony to the Program and in accordance with the provisions of RCW 35.77.010; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The 2023 through 2028 Six Year Transportation Improvement Program, set forth in Exhibit “A” attached hereto and herewith filed with the City Clerk, is hereby adopted. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 20____. MICHAEL GOODNOW, Council President APPROVED AS TO FORM: ATTEST: KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Resolution Rev. 09 2021.doc City of Bremerton 2023-2028 Transportation Improvement Program Overview This section provides an overview of the changes from the previous 6-year project list (2022-2027) to this year’s 6-year project list (2023-2028). This overview is organized by: projects removed, projects added, and other changes. Project Tiers Each project or program was assigned one of three tiers. The tiers are defined as follows: • Tier 1 – Fully funded projects • Tier 2 – Partially funded projects • Tier 3 – unfunded projects AND prospective grant funded projects (i.e. projects submitted for grant funding) Projects Removed/Added/Other Changes 1. Removed completed or planned to be completed projects. 2. Added newly funded or partially funded projects. 3. Added projects with prospective grant funding. Projects Removed: TIP ID Comments Washington Avenue Sidewalk Construction – Towers Dev Agreement TR00057 The property owner is currently working on installing the sidewalk per the agreement. This is no longer a city project since the developer is going to do it. Removed from Tier 1. Bremerton School Zone Safety Improvements TR00062 Construction to be complete this year. Removed from Tier 1. HSIP III Kitsap Way Bike Lane/Warren Signal TR00011 Construction to be complete this year. Removed from Tier 1. PSE Power Pole Relocation TR00075 Relocations are being accomplished as part of Capital Projects. Removed from Tier 1. 15th and Corbett Intersection Improvements TR00035 Intersection improvements are completed. Removed from Tier 1. Trash cans and benches TR00076 This project was moved into the operations and maintenance budget. Removed from Tier 1. Projects Added: TIP ID Comments Phinney Bay Retaining Wall Guardrail Project TR00154 This is a new project that has been identified as a priority safety project. Added to Tier 2. East/West Corridor Diet (6th Street) TR00024 Project was identified in the comprehensive plan and is included in the draft JCTP. Added to Tier 3. 11th Street Preservation Project TR00156 Project added to Tier 3 and has been identified as a priority. Engineering is in the process of applying for grant funding. Added to Tier 3. 12th Street Reconstruction (Warren/Elizabeth) TR00155 This is a new project that has been identified as a priority safety project. Added to Tier 3. View Ridge Elementary (Almira SRTS) Phase 2 (Ivy to Riddell Road) TR00043B The View Ridge Elementary School project was split into two phases based on funding. Phase 1 funding is secured through a grant from WSDOT. Engineering is applying for funding for Phase 2. Added to Tier 3. Other Changes: TIP ID Comments Quincy Square on 4th Street TR00002 Moved project from Tier 2 to Tier 1. As project was received and is now fully funded. Project is moving into construction next year. SR 303 Warren Avenue Bridge Pedestrian Improvements TR00029 Moved project from Tier 2 to Tier 1. The project received construction funding from the legislature. View Ridge Elementary (Almira SRTS) Phase 1 (Sylvan Way to Ivy Road) TR00043A Moved project from Tier 3 to Tier 1. The city has received funding for this phase. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Goods and Services Agreement with Materials Testing & Consulting, Inc. for Materials Testing for Price Road and Brentwood Drive Culvert Replacements and Pine Road Basin Projects COUNCIL MEETING Date: June 15, 2022 Department: PW&U Presenter: Gunnar Fridriksson Phone: (360) 473-5758 SUMMARY: Materials testing is needed for two projects: Price Road and Brentwood Drive Culvert Replacements (awarded to Active Construction, Inc. on April 7, 2022 for $2,498,498.00); and the Pine Road Basin Project (currently out for bids with contract award on June 2, 2022). Both projects will require the following services, at a minimum: subgrade analysis and compaction testing; rebar inspection; CSTC compaction testing; HMA aggregate testing and mix design; asphalt nuclear density testing; and asphalt coring testing. A Request for Proposals was sent to four firms on the MRSC Consultant Roster. A single proposal was received for $41,685.00 from Materials Testing & Consulting, Inc. (MTC). ATTACHMENTS: 1) Goods and Services Agreement for Price Road and Brentwood Drive Culvert Replacements and Pine Road Basin Project FISCAL IMPACTS (Include Budgeted Amount): This agreement cost is included in the Stormwater Capital Budgets for 2022 and 2023 and funded by the Public Works Trust Fund Loans. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the contract for materials testing for the Price/Brentwood and Pine Road projects with Materials Testing & Consulting, Inc. for $41,685.00; 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 11/09/2021 A5 Page 1 of 8 Goods and Services Agreement Rev. 09/2021 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Materials Testing & Consulting, Inc. ("Vendor"), whose mailing address is: 777 Chrysler Drive, Burlington, Washington 98233. The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Materials testing services for Pine Road Basin and Price/Brentwood Culvert Replacements Projects II.TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services by January 1, 2024. III.COMPENSATION. The City shall pay the Vendor the total amount of $41,685.00, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: See attached. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. Page 2 of 8 Goods and Services Agreement Rev. 09/2021 V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. Page 3 of 8 Goods and Services Agreement Rev. 09/2021 c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS Page 4 of 8 Goods and Services Agreement Rev. 09/2021 ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that 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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A.Automobile Liability insurance with limits no less than $1,000,000 combined Page 5 of 8 Goods and Services Agreement Rev. 09/2021 single limit per accident for bodily injury and property damage; and B.Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 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; and employer's liability. C.Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D.Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. E.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 Vendor. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which shall 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 Vendor and a copy of the endorsement naming the City as 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. The Vendor'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 Vendor's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Vendor 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 required 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. Page 6 of 8 Goods and Services Agreement Rev. 09/2021 XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor’s Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. Vendor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Page 7 of 8 Goods and Services Agreement Rev. 09/2021 Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. I. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor 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. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: Gunnar Fridriksson Attn: Raymond McNamara City of Bremerton Materials Testing & Consulting, Inc. 345 6th Street, Suite 100 777 Chrysler Drive Bremerton, WA 98337-1891 Burlington, WA 98233 M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. Page 8 of 8 Goods and Services Agreement Rev. 09/2021 P. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: City of Bremerton Materials Testing & Consulting, Inc. By: By: Print Name: Greg Wheeler Print Name: Raymond McNamara Its: Mayor Its: President Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Goods and Services Agreement Rev 09 2021.docx Date:May 18, 2022 Client Name: City of Bremerton Address: 345 Sixth St. Bremerton, WA 98337-1873 Email: gunnar.fridriksson@ci.bremerton.wa.us Architect: Dept. of Public Works-Engineering Division Project: Name Bill Code Item / Description Unit Quantity Rate Total Schedule A Price Rd Roadway and Stream IPDS Site Subgrade & Rock Course Compaction Hour 10 75.00$ 750.00$ IPDA Asphalt Paving Hour 6 75.00$ 450.00$ SAMPU Sample Pickup if Required (Allowance)Hour 1 75.00$ 75.00$ Schedule B Price Rd BridgeIPDSFoundation & Slab Subgrade Compaction / VSI Hour 10 75.00$ 750.00$ IPDS Site Subgrade & Rock Course Compaction Hour 10 75.00$ 750.00$ RC Footings Hour 5 78.00$ 390.00$ RC Stemwalls and Wingwall Hour 10 78.00$ 780.00$ RC Base Plate Grout Sampling Hour 5 78.00$ 390.00$ SW Structural Steel - Site Welding - Visual Hour 5 88.00$ 440.00$ PA Epoxy & Expansion Anchors Allowance Hour 5 78.00$ 390.00$ Schedule C Brentwood Dr Roadway and StreamIPDSSite Subgrade & Rock Course Compaction Hour 10 75.00$ 750.00$ IPDA Asphalt Paving Hour 6 75.00$ 450.00$ SAMPU Sample Pickup if Required (Allowance)Hour 1 75.00$ 75.00$ Schedule D Brentwood Dr BridgeIPDSFoundation & Slab Subgrade Compaction / VSI Hour 10 75.00$ 750.00$ IPDS Site Subgrade & Rock Course Compaction Hour 10 75.00$ 750.00$ RC Footings Hour 5 78.00$ 390.00$ RC Stemwalls and Wingwall Hour 10 78.00$ 780.00$ RC Base Plate Grout Sampling Hour 5 78.00$ 390.00$ SW Structural Steel - Site Welding - Visual Hour 5 88.00$ 440.00$ PA Epoxy & Expansion Anchors Allowance Hour 5 78.00$ 390.00$ 10,330.00$ Bill Code Item / Description Unit Quantity Rate Total Schedule A Price Rd Roadway and Stream PROC Moisture Density Relationship/Proctor with Sieve Each 4 300.00$ 1,200.00$ EXT Asphalt Extraction with Gradation Each 1 285.00$ 285.00$ RICE Rice Density Each 1 95.00$ 95.00$ Schedule B Price Rd Bridge CONC Concrete Compression Test Cylinders - 4” x 8” - Sets of 5 Each 15 25.00$ 375.00$ GROUT Grout Compressive Strength Test Each 5 25.00$ 125.00$ Schedule C Brentwood Dr Roadway and Stream PROC Moisture Density Relationship/Proctor with Sieve Each 4 300.00$ 1,200.00$ UVC Uncompacted Void Content Each 150.00$ -$ EXT Asphalt Extraction with Gradation Each 1 285.00$ 285.00$ RICE Rice Density Each 1 95.00$ 95.00$ Schedule D Brentwood Dr Bridge CONC Concrete Compression Test Cylinders - 4” x 8” - Sets of 5 Each 15 25.00$ 375.00$ GROUT Grout Compressive Strength Test Each 5 25.00$ 125.00$ 4,160.00$ Subtotal - Laboratory Testing: Gunnar Fridriksson Price Rd and Brentwood Dr Culvert Replacement Subtotal - Special & Construction Inspection: Contact: Materials Testing & Consulting, Inc. (MTC) thanks you for the opportunity, and respectfully submits the following proposal to provide materials testing and special inspection services during construction of the above-referenced project. Combined with our past experience with projects of similar size and scope, we estimate the total cost of our services for this project to be: 360-473-5758 Feb 24, 2022 Phone: Special & Construction Inspection Geotech of Record: Based on Plans Dated: Laboratory Testing Environmental ● Geotechnical Engineering ● Special Inspection ● Non-Destructive Testing ● Materials Testing Burlington ● Olympia ● Bellingham ● Silverdale ● Tukwila p: 360.755.1990 ● f: 360.755.1980 ● www.mtc-inc.net Page 1 of 2 Date:May 18, 2022 Client Name: City of Bremerton Address: 345 Sixth St. Bremerton, WA 98337-1873 Email: gunnar.fridriksson@ci.bremerton.wa.us Architect: Dept. of Public Works-Engineering Division Project: Name Gunnar Fridriksson Price Rd and Brentwood Dr Culvert Replacement Contact: 360-473-5758 Feb 24, 2022 Phone: Geotech of Record: Based on Plans Dated: Bill Code Item / Description Unit Quantity Rate Total PM - STR Project Management Hour 9 95.00$ 855.00$ 855.00$ $ 15,345.00 • Soils inspection and testing services are proposed to measure compliance with project documents, including drawings, specifications and the recommendation of the soils report. In the event that a test or tests fail to meet the soils report's recommendations or if project conditions differ from approved project documents, it shall be referred to the Geotechnical Engineer of Record for resolution. • In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our local staff and vast experience on projects of similar size and scope make MTC the clear team member of choice for this project. We look forward to working with you. • As a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients, and authorization for publication of statements, conclusions or extracts from or regarding our reports is reserved pending our written approval. • Invoices are due and payable upon receipt. Any invoice not paid within thirty (30) days of the date rendered may be assessed a finance charge of one-and-one-half (1½%) percent per month, for each month beyond thirty (30) days past due. Invoices not paid within sixty (60) days of the date rendered may result in MTC stopping work until such invoices are paid in full. Invoices not paid within ninety (90) days of the date rendered may be referred to an independent company for collection. Client will be responsible for all expenses incurred by MTC for the collection of any unpaid invoice(s), including collection fees, actual attorneys’ fees, and costs for legal counsel as stated in RCW 19.16.250.21. Furthermore, Client acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project, and/or place a lien on any real property until all outstanding invoices and/or fees have been paid in full. • MTC will utilize the laboratory based closest to the project site. MTC offers additional services upon request which will be billed at our regular fee schedule. Acceptance of this proposal will constitute agreement to MTC standard general terms and conditions. • All services will be provided on a time and materials basis. The total is an estimate and the actual construction cost will be based on the project schedule and sequencing. The estimate is not a guaranteed price. A two hour minimum charge applies to all work performed, billing is also based on a portal to portal basis. A premium rate of 1.5 times the regular rate will be charge for overtime and 2 times the regular charge for Sunday's and holidays. • Prices are subject to change if this agreement is not executed within 90 days from the date of the bid. colin.wright@mtc-inc.net(360) 647-9295 Colin Wright Respectfully Submitted, Budget Estimate for Services - Total: Subtotal - Project Management & Consulting Services: Project Management & Consulting Services Printed Name & Title Date Client Authorized Signature Environmental ● Geotechnical Engineering ● Special Inspection ● Non-Destructive Testing ● Materials Testing Burlington ● Olympia ● Bellingham ● Silverdale ● Tukwila p: 360.755.1990 ● f: 360.755.1980 ● www.mtc-inc.net Page 2 of 2 NOTE! The conditions of the Goods and Services Agreement shall take precedence. Date:May 18, 2022 Client Name: City of Bremerton Address: 345 Sixth St. Bremerton, WA 98337-1873 Email: gunnar.fridriksson@ci.bremerton.wa.us Engineer:Hererra Environmental Consultants Project: Name Bill Code Item / Description Unit Quantity Rate Total IPDS Foundation & Slab Subgrade Compaction / VSI Hour 40 75.00$ 3,000.00$ IPDS Utility Trench Compaction Hour 110 75.00$ 8,250.00$ IPDS Site Subgrade & Rock Course Compaction Hour 40 75.00$ 3,000.00$ IPDA Asphalt Paving 1,040 tons Hour 24 75.00$ 1,800.00$ SAMPU Sample Pickup if Required (Allowance)Hour 4 75.00$ 300.00$ RC Footings Inlet and Outfall Hour 10 78.00$ 780.00$ RC Stemwalls Inlet and Outfall Hour 10 78.00$ 780.00$ RC Exterior Sidewalk, Driveway, ADA Ramps and Curb/Gutter Hour 45 78.00$ 3,510.00$ 21,420.00$ Bill Code Item / Description Unit Quantity Rate Total PROC Moisture Density Relationship/Proctor with Sieve Each 6 300.00$ 1,800.00$ SE Sand Equivalent Each 2 100.00$ 200.00$ FRAC Fracture Percentage Each 2 70.00$ 140.00$ EXT Asphalt Extraction with Gradation Each 1 285.00$ 285.00$ RICE Rice Density Each 3 95.00$ 285.00$ CONC Concrete Compression Test Cylinders - 4” x 8” - Sets of 5 Each 20 25.00$ 500.00$ 3,210.00$ Bill Code Item / Description Unit Quantity Rate Total PM - STR Project Management Hour 18 95.00$ 1,710.00$ 1,710.00$ $ 26,340.00 Laboratory Testing Budget Estimate for Services - Total: Subtotal - Project Management & Consulting Services: Project Management & Consulting Services Based on Plans Dated: •Soils inspection and testing services are proposed to measure compliance with project documents, including drawings, specifications and the recommendation of the soils report. In the event that a test or tests fail to meet the soils report's recommendations or if project conditions differ from approved project documents, it shall be referred to the Geotechnical Engineer of Record for resolution. •Invoices are due and payable upon receipt. Any invoice not paid within thirty (30) days of the date rendered may be assessed a finance charge of one-and-one-half (1½%) percent per month, for each month beyond thirty (30) days past due. Invoices not paid within sixty (60) days of the date rendered may result in MTC stopping work until such invoices are paid in full. Invoices not paid within ninety (90) days of the date rendered may be referred to an independent company for collection. Client will be responsible for all expenses incurred by MTC for the collection of any unpaid invoice(s), including collection fees, actual attorneys’ fees, and costs for legal counsel as stated in RCW 19.16.250.21. Furthermore, Client acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project, and/or place a lien on any real property until all outstanding invoices and/or fees have been paid in full. • MTC will utilize the laboratory based closest to the project site. MTC offers additional services upon request which will be billed at our regular fee schedule. Acceptance of this proposal will constitute agreement to MTC standard general terms and conditions. •All services will be provided on a time and materials basis. The total is an estimate and the actual construction cost will be based on the project schedule and sequencing. The estimate is not a guaranteed price. A two hour minimum charge applies to all work performed, billing is also based on a portal to portal basis. A premium rate of 1.5 times the regular rate will be charge for overtime and 2 times the regular charge for Sunday's and holidays. •Prices are subject to change if this agreement is not executed within 90 days from the date of the bid. Subtotal - Laboratory Testing: Gunnar Fridriksson Pine Rd Basin Subtotal - Special & Construction Inspection: Contact: Materials Testing & Consulting, Inc. (MTC) thanks you for the opportunity, and respectfully submits the following proposal to provide materials testing and special inspection services during construction of the above-referenced project. Combined with our past experience with projects of similar size and scope, we estimate the total cost of our services for this project to be: 360-473-5758 April, 2022 Assoc. Earth Sciences Phone: Special & Construction Inspection Geotech of Record: Environmental ● Geotechnical Engineering ● Special Inspection ● Non-Destructive Testing ● Materials Testing Burlington ● Olympia ● Bellingham ● Silverdale ● Tukwila p: 360.755.1990 ● f: 360.755.1980 ● www.mtc-inc.net Page 1 of 2 Date:May 18, 2022 Client Name: City of Bremerton Address: 345 Sixth St. Bremerton, WA 98337-1873 Email: gunnar.fridriksson@ci.bremerton.wa.us Engineer:Hererra Environmental Consultants Project: Name Based on Plans Dated: Gunnar Fridriksson Pine Rd Basin Contact: 360-473-5758 April, 2022 Assoc. Earth Sciences Phone: Geotech of Record: colin.wright@mtc-inc.net(360)647-9295 Colin Wright Respectfully Submitted, Printed Name & Title Date Client Authorized Signature •In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our local staff and vast experience on projects of similar size and scope make MTC the clear team member of choice for this project. We look forward to working with you. •As a mutual protection to clients, the public and ourselves, all reports are submitted as the confidential property of clients, and authorization for publication of statements, conclusions or extracts from or regarding our reports is reserved pending our written approval. Environmental ● Geotechnical Engineering ● Special Inspection ● Non-Destructive Testing ● Materials Testing Burlington ● Olympia ● Bellingham ● Silverdale ● Tukwila p: 360.755.1990 ● f: 360.755.1980 ● www.mtc-inc.net Page 2 of 2 NOTE! The conditions of the Goods and Services Agreement shall take precedence. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Contract with Active Construction, Inc. for Pine Road Basin Stormwater Improvements Project COUNCIL MEETING Date: June 15, 2022 Department: PW&U Presenter: Gunnar Fridriksson Phone: (360) 473-5758 SUMMARY: This stormwater project addresses a historical flooding issue which has impacted the intersection of Robin Avenue and Dibb Street and adjacent residences. This project will construct new large diameter stormwater mains in Robin and Eagle Avenues and reconstruct both the outfall and inlet structures downstream on Stephenson Creek. The work on Eagle Avenue will include reconstruction of the driving surface and the work on Robin Avenue will include new sidewalks and ADA ramps. 5 bids were received and were opened on June 2, 2022. Active Construction, Inc. was the lowest responsive bidder with a total bid in the amount of $2,715,715.00 including sales tax. ATTACHMENTS: 1) Contract 2) Vicinity Map; 3) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2022 Stormwater budget and is funded by a Public Works Trust Fund loan in the amount of $3,881,330.00 and the Street Fund in the amount of $600,000 for a total of $4,481,330.00. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Contract with Active Construction, Inc. in the amount of $2,715,715.00 (including sales tax) for the Pine Road Basin Stormwater 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 11/09/2021 A6 City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project I-39 May 2022 Contract Documents Contract CONTRACT (Page 1 of 4) THIS AGREEMENT is dated the day of in the year 20___ by and between the City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY’s Contract Documents entitled Pine Road Basin Stormwater Improvements Project. ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 160 working days after the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in accordance with Section 1-08.9 of the Special Provisions after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2(2) of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions _____________ Contractor Initials City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project I-40 May 2022 Contract Documents Contract CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract:  Notice Inviting Bids,  Bidders Checklist,  Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits,  Performance Bond,  Payment Bond,  Standard Specifications,  Amendments to the Standard Specifications,  Special Provisions,  Appendices  Contract Plans,  Addenda numbers _____ to _____, inclusive.  Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. _____________ Contractor Initials City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project I-41 May 2022 Contract Documents Contract CONTRACT (Page 3 of 4) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY : City of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. City of Bremerton Bid Forms Pine Road Basin Stormwater Improvements Project I-42 May 2022 Contract Documents Contract CONTRACT (Page 4 of 4) Approved as to Form: Agent for service of process: (Signature) (Title) Olympic Manor Neighborhood Pine Road Interceptor Outfall Stephenson Canyon Inlet BID TITLE:SECOND LOW BIDDER - Rodarte Construction, Inc. $ 3,314,943.00 THIRD LOW BIDDER - RV Associates, Inc. $ 3,763,032.00 DATE OPENED:RECORDED BY: $ 3,060,263.00 ENGINEER ESTIMATE (INC SALES TAX)APPARENT LOW BIDDER - Active Construction, Inc. (ACI) $ 2,715,715.00 SUMMARYCeccanti, Inc. √ $ 4,000,000.50 Sound Pacific Construction √ $ 3,804,253.00 RV Associates, Inc. √ $ 3,763,032.00 Rodarte Construction, Inc. √ $ 3,314,943.00 Active Construction, Inc. (ACI) √ $ 2,715,715.00 CITY OF BREMERTONBID TABULATIONBOND BASE BID + CONTINGENCY SALES TAX TOTALNAME OF BIDDEROPENED BY:6/2/2022TIME OPENED:Pine Road Basin Contract Award, Project 87011:00 a.m. Angela HooverAngela Hoover & Gunnar Fridriksson Sales Tax - The Bidder shall include sales tax in the Bid Item price per Section 1-07.2(1) for all items per State Department of Revenue Rule 171. Bid Item Spec Section/ Std Item General Location Description Estimated Quantity Unit Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount Unit Price Amount 1 1-09/ 0001 Mobilization 1 LS 10% 278,200.00 $ 257,560.00 $ 257,560.00 $ 325,000.00 $ 325,000.00 $ 334,500.00 $ 334,500.00 $ 320,000.00 $ 320,000.00 $ 306,000.00 $ 306,000.00 2 1-04/ 7728 Minor Change 1 FA 125,000.00 125,000.00 $ 125,000.00 $ 125,000.00 $ 125,000.00 $ 125,000.00 $ 125,000.00 $ 125,000.00 $ 125,000.00 $ 125,000.00 $ 125,000.00 $ 125,000.00 3 1-05 SP Project Surveying 1 LS 50,000.00$ 50,000.00 $ 18,000.00 $ 18,000.00 $ 35,000.00 $ 35,000.00 $ 58,823.00 $ 58,823.00 $ 25,000.00 $ 25,000.00 $ 20,000.00 $ 20,000.00 4 1-07 SP Protection and Support of Existing Utilities 1 LS 10,000.00$ 10,000.00 $ 5,000.00 $ 5,000.00 $ 14,000.00 $ 14,000.00 $ 25,013.00 $ 25,013.00 $ 1,000.00 $ 1,000.00 $ 9,200.00 $ 9,200.00 5 1-07 SP Pot Hole 14 Each 1,200.00$ 16,800.00 $ 350.00 $ 4,900.00 $ 725.00 $ 10,150.00 $ 1,620.00 $ 22,680.00 $ 800.00 $ 11,200.00 $ 590.00 $ 8,260.00 6 1-07/ 7736 Spill Prevention, Control & Countermeasures (SPCC) Plan 1 LS 3,000.00$ 3,000.00 $ 150.00 $ 150.00 $ 100.00 $ 100.00 $ 400.00 $ 400.00 $ 1,000.00 $ 1,000.00 $ 200.00 $ 200.00 7 1-10 SP Project Temporary Traffic Control 1 LS 73,000.00$ 73,000.00 $ 100,000.00 $ 100,000.00 $ 260,000.00 $ 260,000.00 $ 366,600.00 $ 366,600.00 $ 530,000.00 $ 530,000.00 $ 401,684.00 $ 401,684.00 8 2-01 SP Clearing and Grubbing 1 LS 24,800.00$ 24,800.00 $ 10,000.00 $ 10,000.00 $ 25,000.00 $ 25,000.00 $ 19,085.00 $ 19,085.00 $ 48,000.00 $ 48,000.00 $ 33,850.00 $ 33,850.00 9 2-01 SP Tree Removal 10 Each 500.00$ 5,000.00 $ 1,000.00 $ 10,000.00 $ 1,900.00 $ 19,000.00 $ 1,079.00 $ 10,790.00 $ 2,000.00 $ 20,000.00 $ 1,075.00 $ 10,750.00 10 2-02 SP Removal of Structures and Obstructions 1 LS 43,855.00$ 43,855.00 $ 20,000.00 $ 20,000.00 $ 75,000.00 $ 75,000.00 $ 113,453.00 $ 113,453.00 $ 32,000.00 $ 32,000.00 $ 30,000.00 $ 30,000.00 11 2-02 SP Sawcut 3610 LF 7.00$ 25,270.00 $ 5.00 $ 18,050.00 $ 3.50 $ 12,635.00 $ 6.00 $ 21,660.00 $ 6.00 $ 21,660.00 $ 2.00 $ 7,220.00 12 2-02 SP Remove Asphalt Concrete Pavement 5450 SY 20.00$ 109,000.00 $ 12.00 $ 65,400.00 $ 12.00 $ 65,400.00 $ 12.80 $ 69,760.00 $ 30.00 $ 163,500.00 $ 7.00 $ 38,150.00 13 2-02 SP Removed Cement Concrete Sidewalk 380 SY 20.00$ 7,600.00 $ 17.00 $ 6,460.00 $ 20.00 $ 7,600.00 $ 16.70 $ 6,346.00 $ 20.00 $ 7,600.00 $ 14.00 $ 5,320.00 14 2-02 SP Remove Cement Concrete Curb and Gutter 780 LF 15.00$ 11,700.00 $ 9.50 $ 7,410.00 $ 16.00 $ 12,480.00 $ 9.40 $ 7,332.00 $ 7.00 $ 5,460.00 $ 4.00 $ 3,120.00 15 2-03/ 0431 Gravel Borrow Incl. Haul 3930 Ton 35.00$ 137,550.00 $ 26.50 $ 104,145.00 $ 32.00 $ 125,760.00 $ 22.50 $ 88,425.00 $ 38.00 $ 149,340.00 $ 30.00 $ 117,900.00 16 2-09 SP Controlled Density Fill (CDF) 4 CY 110.00$ 440.00 $ 495.00 $ 1,980.00 $ 500.00 $ 2,000.00 $ 333.00 $ 1,332.00 $ 350.00 $ 1,400.00 $ 550.00 $ 2,200.00 17 2-09/ 7006 Structure Excavation Class B Incl. Haul 4600 CY 40.00$ 184,000.00 $ 22.00 $ 101,200.00 $ 5.00 $ 23,000.00 $ 26.00 $ 119,600.00 $ 50.00 $ 230,000.00 $ 43.00 $ 197,800.00 18 2-09/ 7008 Shoring or Extra Excavation Class B 29600 SF 4.50$ 133,200.00 $ 0.25 $ 7,400.00 $ 1.25 $ 37,000.00 $ 2.45 $ 72,520.00 $ 2.00 $ 59,200.00 $ 0.10 $ 2,960.00 19 2-09.3(2) / 4006 Structure Excavation Class A Incl. Haul 38 CY 70.00$ 2,660.00 $ 41.00 $ 1,558.00 $ 200.00 $ 7,600.00 $ 65.00 $ 2,470.00 $ 70.00 $ 2,660.00 $ 65.00 $ 2,470.00 20 2-09 SP Shoring or Extra Excavation Class A Concrete Impact Basin 1 LS 23,000.00$ 23,000.00 $ 40,000.00 $ 40,000.00 $ 82,000.00 $ 82,000.00 $ 13,500.00 $ 13,500.00 $ 6,000.00 $ 6,000.00 $ 2,670.00 $ 2,670.00 21 2-09.3(2) / 4013 Shoring or Extra Excavation CL. A 150 SF 22.00$ 3,300.00 $ 4.00 $ 600.00 $ 3.00 $ 450.00 $ 40.00 $ 6,000.00 $ 13.00 $ 1,950.00 $ 0.10 $ 15.00 22 2-10 SP Channel Excavation 20 CY 40.00$ 800.00 $ 52.00 $ 1,040.00 $ 250.00 $ 5,000.00 $ 100.00 $ 2,000.00 $ 40.00 $ 800.00 $ 146.00 $ 2,920.00 23 2-10 SP Channel Excavation Incl Haul 70 CY 70.00$ 4,900.00 $ 54.00 $ 3,780.00 $ 300.00 $ 21,000.00 $ 71.00 $ 4,970.00 $ 90.00 $ 6,300.00 $ 90.00 $ 6,300.00 24 4-04/ 5100 Crushed Surfacing Base Course 842 Ton 60.00$ 50,520.00 $ 47.00 $ 39,574.00 $ 42.00 $ 35,364.00 $ 45.50 $ 38,311.00 $ 55.00 $ 46,310.00 $ 32.00 $ 26,944.00 25 4-04 / 5120 Crushed Surfacing Top Course 1590 Ton 60.00$ 95,400.00 $ 38.00 $ 60,420.00 $ 42.00 $ 66,780.00 $ 47.00 $ 74,730.00 $ 65.00 $ 103,350.00 $ 32.00 $ 50,880.00 26 5-04/ 5707 Crack Sealing 1 FA 5,000.00$ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 27 5-04/ 5767 HMA Cl. 1/2 In. PG 64-22 1030 Ton 150.00$ 154,500.00 $ 165.00 $ 169,950.00 $ 175.00 $ 180,250.00 $ 200.00 $ 206,000.00 $ 150.00 $ 154,500.00 $ 200.00 $ 206,000.00 28 5-04/ 5711 Planing Bituminous Pavement 1890 SY 8.00$ 15,120.00 $ 10.50 $ 19,845.00 $ 8.50 $ 16,065.00 $ 8.60 $ 16,254.00 $ 10.00 $ 18,900.00 $ 12.00 $ 22,680.00 29 5-04 SP Speed Hump 3 Each 500.00$ 1,500.00 $ 2,200.00 $ 6,600.00 $ 2,200.00 $ 6,600.00 $ 2,330.00 $ 6,990.00 $ 2,200.00 $ 6,600.00 $ 2,130.00 $ 6,390.00 30 6-02/ 4025 Gravel Backfill for Wall 11 CY 90.00$ 990.00 $ 118.00 $ 1,298.00 $ 90.00 $ 990.00 $ 210.00 $ 2,310.00 $ 110.00 $ 1,210.00 $ 61.00 $ 671.00 31 6-11/ 4150 St. Reinf. Bar for Retaining Wall 1320 LB 1.50$ 1,980.00 $ 4.00 $ 5,280.00 $ 2.50 $ 3,300.00 $ 13.00 $ 17,160.00 $ 4.00 $ 5,280.00 $ 3.00 $ 3,960.00 32 6-11/ 4139 Conc. Class 4000 For Retaining Wall 5.5 CY 750.00$ 4,125.00 $ 7,000.00 $ 38,500.00 $ 2,000.00 $ 11,000.00 $ 2,550.00 $ 14,025.00 $ 5,500.00 $ 30,250.00 $ 921.00 $ 5,065.50 33 6-13 Structural Earth Wall 50 SF 300.00$ 15,000.00 $ 83.00 $ 4,150.00 $ 150.00 $ 7,500.00 $ 175.00 $ 8,750.00 $ 250.00 $ 12,500.00 $ 195.00 $ 9,750.00 34 6-03 SP Steel Grating 2402 LB 6.00$ 14,412.00 $ 27.00 $ 64,854.00 $ 11.00 $ 26,422.00 $ 13.00 $ 31,226.00 $ 6.00 $ 14,412.00 $ 16.00 $ 38,432.00 35 6-21 Imported Rootwad 1 Each 750.00$ 750.00 $ 1,700.00 $ 1,700.00 $ 3,500.00 $ 3,500.00 $ 1,969.00 $ 1,969.00 $ 2,000.00 $ 2,000.00 $ 2,200.00 $ 2,200.00 36 6-21 Salvage Tree 3 Each 500.00$ 1,500.00 $ 485.00 $ 1,455.00 $ 2,200.00 $ 6,600.00 $ 767.00 $ 2,301.00 $ 2,000.00 $ 6,000.00 $ 2,200.00 $ 6,600.00 37 7-04 Sch A Storm Sewer Pipe 8 in. Diam. 100 LF 75.00$ 7,500.00 $ 64.00 $ 6,400.00 $ 95.00 $ 9,500.00 $ 68.00 $ 6,800.00 $ 85.00 $ 8,500.00 $ 82.00 $ 8,200.00 38 7-04/ 3541 Sch A Storm Sewer Pipe 12 in. Diam. 1450 LF 90.00$ 130,500.00 $ 72.00 $ 104,400.00 $ 85.00 $ 123,250.00 $ 120.00 $ 174,000.00 $ 100.00 $ 145,000.00 $ 222.00 $ 321,900.00 39 7-04/ 3544 Sch A Storm Sewer Pipe 30 in. Diam. 1220 LF 140.00$ 170,800.00 $ 202.00 $ 246,440.00 $ 230.00 $ 280,600.00 $ 280.00 $ 341,600.00 $ 270.00 $ 329,400.00 $ 425.00 $ 518,500.00 40 7-04/ 3545 Sch A Storm Sewer Pipe 36 in. Diam. 65 LF 200.00$ 13,000.00 $ 256.00 $ 16,640.00 $ 275.00 $ 17,875.00 $ 265.00 $ 17,225.00 $ 340.00 $ 22,100.00 $ 393.00 $ 25,545.00 41 7-04/ 3553 Sch B Storm Sewer Pipe 30 in. Diam. 270 LF 150.00$ 40,500.00 $ 202.00 $ 54,540.00 $ 230.00 $ 62,100.00 $ 238.00 $ 64,260.00 $ 310.00 $ 83,700.00 $ 425.00 $ 114,750.00 42 7-04 SP PVC Pipe for Area Drain 6 In. Diam. 60 LF 60.00$ 3,600.00 $ 82.00 $ 4,920.00 $ 75.00 $ 4,500.00 $ 100.00 $ 6,000.00 $ 110.00 $ 6,600.00 $ 128.00 $ 7,680.00 43 7-04 SP Ductile Iron Pipe 8 In. Diam. 130 LF 110.00$ 14,300.00 $ 91.00 $ 11,830.00 $ 115.00 $ 14,950.00 $ 101.00 $ 13,130.00 $ 100.00 $ 13,000.00 $ 97.00 $ 12,610.00 44 7-04 SP Testing Storm Sewer Pipe 3235 LF 5.00$ 16,175.00 $ 9.00 $ 29,115.00 $ 10.00 $ 32,350.00 $ 7.50 $ 24,262.50 $ 7.00 $ 22,645.00 $ 7.00 $ 22,645.00 45 7-05/ 3091 Catch Basin Type 1 15 Each 2,200.00$ 33,000.00 $ 1,500.00 $ 22,500.00 $ 2,100.00 $ 31,500.00 $ 2,016.00 $ 30,240.00 $ 2,400.00 $ 36,000.00 $ 1,510.00 $ 22,650.00 46 7-05/ 3105 Catch Basin Type 2, 48 in. Diam. 12 Each 5,500.00$ 66,000.00 $ 4,950.00 $ 59,400.00 $ 3,250.00 $ 39,000.00 $ 7,377.00 $ 88,524.00 $ 5,200.00 $ 62,400.00 $ 6,100.00 $ 73,200.00 47 7-05/ 3106 Catch Basin Type 2, 54 in. Diam. 8 Each 7,000.00$ 56,000.00 $ 7,100.00 $ 56,800.00 $ 6,500.00 $ 52,000.00 $ 7,120.00 $ 56,960.00 $ 7,000.00 $ 56,000.00 $ 10,000.00 $ 80,000.00 48 7-05/ 3107 Catch Basin Type 2, 72 in. Diam. 1 Each 8,500.00$ 8,500.00 $ 8,600.00 $ 8,600.00 $ 15,000.00 $ 15,000.00 $ 8,872.00 $ 8,872.00 $ 10,000.00 $ 10,000.00 $ 13,800.00 $ 13,800.00 49 7-05 SP COB Manhole 54 in. Diam. 3 Each 6,700.00$ 20,100.00 $ 8,900.00 $ 26,700.00 $ 8,500.00 $ 25,500.00 $ 11,308.00 $ 33,924.00 $ 10,000.00 $ 30,000.00 $ 15,800.00 $ 47,400.00 50 7-05 SP COB Manhole 96 in. Diam. 1 Each 17,000.00$ 17,000.00 $ 17,950.00 $ 17,950.00 $ 17,000.00 $ 17,000.00 $ 21,848.00 $ 21,848.00 $ 23,000.00 $ 23,000.00 $ 27,800.00 $ 27,800.00 51 7-05 SP Stormwater High Flow Bypass, 72 in. Diam. 1 Each 21,500.00$ 21,500.00 $ 9,150.00 $ 9,150.00 $ 24,000.00 $ 24,000.00 $ 27,245.00 $ 27,245.00 $ 25,000.00 $ 25,000.00 $ 13,800.00 $ 13,800.00 52 7-05/ 7371 Manhole Additional Height 54 in. Diam. Type 2 40 LF 350.00$ 14,000.00 $ 150.00 $ 6,000.00 $ 100.00 $ 4,000.00 $ 1,390.00 $ 55,600.00 $ 400.00 $ 16,000.00 $ 180.00 $ 7,200.00 53 7-05/ 3080 Adjust Manhole 11 Each 700.00$ 7,700.00 $ 385.00 $ 4,235.00 $ 850.00 $ 9,350.00 $ 550.00 $ 6,050.00 $ 1,500.00 $ 16,500.00 $ 700.00 $ 7,700.00 54 7-05 SP Connection to Drainage Structure 6 Each 3,000.00$ 18,000.00 $ 960.00 $ 5,760.00 $ 3,200.00 $ 19,200.00 $ 828.00 $ 4,968.00 $ 3,800.00 $ 22,800.00 $ 1,800.00 $ 10,800.00 55 7-05 SP Area Drain 6 Each 1,800.00$ 10,800.00 $ 1,900.00 $ 11,400.00 $ 2,300.00 $ 13,800.00 $ 1,688.00 $ 10,128.00 $ 1,900.00 $ 11,400.00 $ 1,800.00 $ 10,800.00 56 7-08/ 7029 Plugging Existing Pipe 4 Each 600.00$ 2,400.00 $ 450.00 $ 1,800.00 $ 250.00 $ 1,000.00 $ 686.00 $ 2,744.00 $ 300.00 $ 1,200.00 $ 1,100.00 $ 4,400.00 57 8-01 SP Erosion Control and Water Pollution Prevention 1 LS 56,165.00$ 56,165.00 $ 50,000.00 $ 50,000.00 $ 70,000.00 $ 70,000.00 $ 155,000.00 $ 155,000.00 $ 30,000.00 $ 30,000.00 $ 95,610.00 $ 95,610.00 58 8-01/ 6455 Erosion Control Blanket 185 SY 5.00$ 925.00 $ 5.50 $ 1,017.50 $ 6.00 $ 1,110.00 $ 10.00 $ 1,850.00 $ 7.00 $ 1,295.00 $ 8.00 $ 1,480.00 59 8-02 SP Roadside Restoration 1 FA 50,000.00$ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 60 8-02 SP Weed Removal and Invasive Species Control 0.2 Acre 10,000.00$ 2,000.00 $ 27,000.00 $ 5,400.00 $ 75,000.00 $ 15,000.00 $ 86,400.00 $ 17,280.00 $ 90,000.00 $ 18,000.00 $ 77,325.00 $ 15,465.00 61 8-02 SP Plant Selection - Trees, 5 Gallon Container 20 Each 120.00$ 2,400.00 $ 94.00 $ 1,880.00 $ 36.00 $ 720.00 $ 135.00 $ 2,700.00 $ 46.00 $ 920.00 $ 37.00 $ 740.00 62 8-02 SP Plant Selection - Shrubs, 1 Gallon Container 108 Each 35.00$ 3,780.00 $ 20.00 $ 2,160.00 $ 14.00 $ 1,512.00 $ 85.00 $ 9,180.00 $ 13.00 $ 1,404.00 $ 13.00 $ 1,404.00 63 8-02 SP Plant Selection - Ground Cover, 1 Gallon Container 82 Each 35.00$ 2,870.00 $ 20.00 $ 1,640.00 $ 15.00 $ 1,230.00 $ 85.00 $ 6,970.00 $ 15.00 $ 1,230.00 $ 15.00 $ 1,230.00 64 8-02 SP Wood Chip Mulch 30 CY 80.00$ 2,400.00 $ 72.00 $ 2,160.00 $ 125.00 $ 3,750.00 $ 177.00 $ 5,310.00 $ 120.00 $ 3,600.00 $ 122.00 $ 3,660.00 65 8-02 SP Seeding Fertilizing and Mulching - Native Seed Mix 2424 SY 0.75$ 1,818.00 $ 3.00 $ 7,272.00 $ 1.50 $ 3,636.00 $ 4.50 $ 10,908.00 $ 1.50 $ 3,636.00 $ 1.00 $ 2,424.00 66 8-02 SP Weed and Pest Control Plan 1 LS 1,100.00$ 1,100.00 $ 16,000.00 $ 16,000.00 $ 12,000.00 $ 12,000.00 $ 90,294.00 $ 90,294.00 $ 11,000.00 $ 11,000.00 $ 11,520.00 $ 11,520.00 67 8-02/ 6391 Topsoil Type A 240 CY 120.00$ 28,800.00 $ 72.00 $ 17,280.00 $ 90.00 $ 21,600.00 $ 251.00 $ 60,240.00 $ 100.00 $ 24,000.00 $ 87.00 $ 20,880.00 68 8-02 SP Steep Bank Protection 354 SY 22.00$ 7,788.00 $ 39.00 $ 13,806.00 $ 36.00 $ 12,744.00 $ 24.50 $ 8,673.00 $ 45.00 $ 15,930.00 $ 36.00 $ 12,744.00 69 8-04 SP Cement Concrete Curb and Gutter Type A 1975 LF 70.00$ 138,250.00 $ 39.00 $ 77,025.00 $ 40.00 $ 79,000.00 $ 32.50 $ 64,187.50 $ 37.00 $ 73,075.00 $ 42.00 $ 82,950.00 70 8-04 SP Thickened Edge Curb 1210 LF 15.00$ 18,150.00 $ 5.25 $ 6,352.50 $ 20.00 $ 24,200.00 $ 20.00 $ 24,200.00 $ 16.00 $ 19,360.00 $ 7.00 $ 8,470.00 71 8-05 SP Streamflow Bypass Plan 1 LS 6,000.00$ 6,000.00 $ 150.00 $ 150.00 $ 5,000.00 $ 5,000.00 $ 5,532.00 $ 5,532.00 $ 6,000.00 $ 6,000.00 $ 3,632.00 $ 3,632.00 72 8-05 SP Streamflow Bypass System Setup and Operation 1 LS 20,000.00$ 20,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 39,492.00 $ 39,492.00 $ 100,000.00 $ 100,000.00 $ 248,700.00 $ 248,700.00 73 8-05 SP Fish Exclusion 1 LS 6,000.00$ 6,000.00 $ 5,000.00 $ 5,000.00 $ 15,000.00 $ 15,000.00 $ 18,304.00 $ 18,304.00 $ 12,000.00 $ 12,000.00 $ 5,300.00 $ 5,300.00 74 8-06 SP Portland Cement Concrete Driveway Approach, Type III 350 SY 180.00$ 63,000.00 $ 87.00 $ 30,450.00 $ 110.00 $ 38,500.00 $ 98.00 $ 34,300.00 $ 75.00 $ 26,250.00 $ 175.00 $ 61,250.00 75 8-06 SP Portland Cement Concrete Driveway Apron 56 SY 180.00$ 10,080.00 $ 174.00 $ 9,744.00 $ 110.00 $ 6,160.00 $ 90.50 $ 5,068.00 $ 75.00 $ 4,200.00 $ 193.00 $ 10,808.00 76 8-09/ 6884 Raised Pavement Marker Type 2 1 Hund 500.00$ 500.00 $ 835.00 $ 835.00 $ 550.00 $ 550.00 $ 2,500.00 $ 2,500.00 $ 1,300.00 $ 1,300.00 $ 2,000.00 $ 2,000.00 77 8-12 SP Cable Fence 31 LF 425.00$ 13,175.00 $ 474.00 $ 14,694.00 $ 450.00 $ 13,950.00 $ 517.00 $ 16,027.00 $ 450.00 $ 13,950.00 $ 457.00 $ 14,167.00 78 8-12 SP Black Vinyl Coated Chain Link Fence 52 LF 100.00$ 5,200.00 $ 39.00 $ 2,028.00 $ 50.00 $ 2,600.00 $ 50.00 $ 2,600.00 $ 38.00 $ 1,976.00 $ 37.00 $ 1,924.00 79 8-12/ 7097 End, Gate, Corner, and Pull Post for Chain Link Fence 2 Each 400.00$ 800.00 $ 279.00 $ 558.00 $ 300.00 $ 600.00 $ 300.00 $ 600.00 $ 260.00 $ 520.00 $ 269.00 $ 538.00 80 8-13 SP Monument, Frame, and Cover 1 Each 1,200.00$ 1,200.00 $ 640.00 $ 640.00 $ 800.00 $ 800.00 $ 1,831.00 $ 1,831.00 $ 1,200.00 $ 1,200.00 $ 4,523.00 $ 4,523.00 81 8-14 SP Cement Concrete Sidewalk 710 SY 120.00$ 85,200.00 $ 60.00 $ 42,600.00 $ 80.00 $ 56,800.00 $ 58.00 $ 41,180.00 $ 54.00 $ 38,340.00 $ 74.00 $ 52,540.00 82 8-14/ 7058 Cement Conc. Curb Ramp Type - Parallel A 4 Each 3,500.00$ 14,000.00 $ 3,450.00 $ 13,800.00 $ 3,000.00 $ 12,000.00 $ 2,700.00 $ 10,800.00 $ 3,200.00 $ 12,800.00 $ 3,900.00 $ 15,600.00 83 8-14/ 7058 Cement Conc. Curb Ramp Type - Perpendicular A 14 Each 3,500.00$ 49,000.00 $ 2,450.00 $ 34,300.00 $ 3,000.00 $ 42,000.00 $ 2,000.00 $ 28,000.00 $ 2,400.00 $ 33,600.00 $ 3,900.00 $ 54,600.00 84 8-14/ 7058 Cement Conc. Curb Ramp Type - Single Direction A 1 Each 3,500.00$ 3,500.00 $ 3,450.00 $ 3,450.00 $ 3,000.00 $ 3,000.00 $ 3,500.00 $ 3,500.00 $ 3,800.00 $ 3,800.00 $ 3,900.00 $ 3,900.00 85 8-14/ 7058 Cement Conc. Curb Ramp Type - Combination 4 Each 3,500.00$ 14,000.00 $ 3,900.00 $ 15,600.00 $ 3,000.00 $ 12,000.00 $ 3,500.00 $ 14,000.00 $ 3,800.00 $ 15,200.00 $ 3,900.00 $ 15,600.00 86 8-14 SP Modified Single Direction Curb Ramp 1 Each 4,000.00$ 4,000.00 $ 4,100.00 $ 4,100.00 $ 3,000.00 $ 3,000.00 $ 3,750.00 $ 3,750.00 $ 4,000.00 $ 4,000.00 $ 3,900.00 $ 3,900.00 87 8-19/ 1093 Streambed Sediment 24 Ton 80.00$ 1,920.00 $ 91.00 $ 2,184.00 $ 120.00 $ 2,880.00 $ 87.00 $ 2,088.00 $ 160.00 $ 3,840.00 $ 131.00 $ 3,144.00 88 8-19/ 0901 Streambed Cobbles 6 in. 8 Ton 80.00$ 640.00 $ 130.00 $ 1,040.00 $ 135.00 $ 1,080.00 $ 190.00 $ 1,520.00 $ 300.00 $ 2,400.00 $ 225.00 $ 1,800.00 89 8-19/ 0907 Streambed Boulder Two-Man 5 Each 200.00$ 1,000.00 $ 500.00 $ 2,500.00 $ 200.00 $ 1,000.00 $ 230.00 $ 1,150.00 $ 500.00 $ 2,500.00 $ 424.00 $ 2,120.00 90 8-19/ 0908 Streambed Boulder Three-Man 4 Each 350.00$ 1,400.00 $ 515.00 $ 2,060.00 $ 250.00 $ 1,000.00 $ 308.00 $ 1,232.00 $ 700.00 $ 2,800.00 $ 469.00 $ 1,876.00 91 8-21 SP Permanent Signing 1 LS 5,600.00$ 5,600.00 $ 10,000.00 $ 10,000.00 $ 12,000.00 $ 12,000.00 $ 11,000.00 $ 11,000.00 $ 12,000.00 $ 12,000.00 $ 12,200.00 $ 12,200.00 92 8-26 SP Concrete Impact Basin 1 LS 127,355.00$ 127,355.00 $ 185,000.00 $ 185,000.00 $ 280,000.00 $ 280,000.00 $ 100,000.00 $ 100,000.00 $ 135,000.00 $ 135,000.00 $ 98,860.00 $ 98,860.00 93 8-32 SP Record Drawings 1 LS 5,000.00$ 5,000.00 $ 150.00 $ 150.00 $ 2,500.00 $ 2,500.00 $ 100.00 $ 100.00 $ 500.00 $ 500.00 $ 2,500.00 $ 2,500.00 0.00 $ - $ - $ - $ - $ - 0.00 $ - $ - $ - $ - $ - SUBTOTAL 3,060,263.00 2,715,715.00$ 3,314,943.00$ 3,763,032.00$ 3,804,253.00$ 4,000,000.50$ SALES TAX @ 9.2% - Included in line items 0.00 -$ -$ -$ -$ -$ TOTAL SCHEDULE A 3,060,263.00 2,715,715.00$ 3,314,943.00$ 3,763,032.00$ 3,804,253.00$ 4,000,000.50$ Ceccanti, Inc.Sound Pacific ConstructionRV Associates, Inc. BID OPENING DATE: June 2, 2022 SCHEDULE A - (TITLE) Engineer's Estimate Active Construction, Inc. (ACI) Rodarte Construction, Inc. CITY OF BREMERTON PINE ROAD BASIN STORMWATER IMPROVEMENTS PROJECT BID TABULATION AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Memorandum of Agreement with the WA State Department of Fish and Wildlife for Schley Canyon Culvert Repair and Anderson Creek Dam Removals Projects COUNCIL MEETING Date: June 15, 2022 Department: PW&U - Engineering Presenter: Gunnar Fridriksson Phone: (360) 473-5758 SUMMARY: A Memorandum of Agreement (MOA) between the City of Bremerton and the Washington State Department of Fish and Wildlife (WDFW) has been negotiated to allow the Schley Canyon Culvert Repair. As mitigation for perpetuating a fish passage barrier, the City agrees to provide offsite, in- kind compensatory mitigation in the Anderson Creek watershed by removing two City-owned concrete and earthen dams. These dams were constructed in the early 1900s to provide municipal water to the City and have not been in use since the 1960s. ATTACHMENTS: 1) Memorandum of Agreement; 2) Exhibit maps FISCAL IMPACTS (Include Budgeted Amount): There will be two separate projects to complete the work associated with this agreement: 1. The Schley Canyon Culvert Repair Project is funded by the Stormwater Utility Capital for $600,000. 2. The Anderson Creek Dam Removals Project is funded by the Water Utility Capital for $1,560,000. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Memorandum of Agreement with the Washington State Department of Fish and Wildlife, 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 A7 Page 1 of 4 Memorandum of Agreement Between the City of Bremerton and the Washington State Department of Fish and Wildlife The City of Bremerton, Washington, a municipal corporation (City) and the Washington State Department of Fish and Wildlife (WDFW), a department of state government, set forth and record this mutual agreement regarding the McDougal Creek (Schley Canyon) crossing of Wheaton Way, as follows: McDougal Creek Drainage Basin: McDougal Creek flows from north to south and drains approximately 0.29 square miles of heavily urbanized watershed, with the creek itself being roughly 3,100 feet in length from the Port Washington Narrows north to the headwaters. The culvert at Wheaton Way is a total barrier to fish passage, located approximately 840-feet upstream of the Port Washington Narrows juncture. A second City-owned 24-inch diameter fish barrier culvert is located approximately 220 feet north of Wheaton Way. An in-depth analysis of the upstream habitat and creek from Wheaton Way north was conducted for the City by Stantec, Inc. in December of 2018. WDFW has reviewed the Stantec study. The habitat downstream of Wheaton Way is in an incised canyon, with vertical sandy walls. Existing multi-family residential encroachments are at the top of slope and the area is mapped as a high landslide and erosion geologic critical area. McDougal Creek was classified a Type F (potential fish habitat) stream by WDFW in 2014, per the definitions in Washington Administrative Code (WAC) 222-16-031 and Bremerton Municipal Code (BMC) 20.14.720. The Wheaton Way section of McDougal Creek is not presently fish bearing and anadromous fish cannot access the Wheaton Way culvert due to an artificially steepened reach downstream that is 112 linear feet at 16.5 percent slope. This reach was over-steepened by a historic crossing that has now failed. Upstream of the culvert, habitat conditions are fair. The surrounding basin is highly urbanized, flows are flashy, and water quality conditions are unknown, but the channel upstream of the culvert has perennial flow, a gradual slope, relatively natural bed, and intact riparian corridor. Complexity, however, is low, with limited pool riffle structure, a simple planform, and no significant off-channel habitat. The headwaters are developed, and the stream initiation point consists of a groundwater seep and a stormwater outfall. Culvert History: The existing 36-inch concrete culvert was installed in 1926 by Kitsap County and the area annexed by the City of Bremerton in 1941. Erosion of the steep canyon led to a culvert failure in 2010, closing a portion of Wheaton Way and sweeping a portion of the road and several sections of pipe downstream. The pipe and slope were repaired and the downstream portion that was lost replaced with 36-inch HDPE. Total pipe length is now approximately 163 feet at approximately 7.4 percent slope. As this culvert approaches the century mark of use, it is in poor condition, has lost material around it, and is damaged. With portions of the pipe bottom missing, stream water is flowing through the pipe bedding, creating voids as material is removed from around the pipe. There is also a 12.8-foot vertical hydraulic drop at the outlet of the culvert. Page 2 of 4 City Concerns: The City is concerned that the culvert is in immediate need of repair or replacement and that constructing a fish passage correction at this location at this time presents technical challenges with limited benefits to fish and a very high level of uncertainty for success. The steep stream grade, severely incised channel, landslide hazards, and issues with private ownership are major factors limiting the options for a fish passage project at this time. With the culvert in its current condition, the City is concerned that another failure of the culvert may occur which will result in roadway failure and a public safety hazard. This type of failure would require the closure of a main arterial for the City and further negatively impact the creek. The City is concerned that installing a culvert that complies with the Water Crossing Design Guidelines (WDFW 2013) will present significant challenges and risks, including the following: • Adding additional length to the channel to mitigate slope issues could destabilize the steep hazardous canyon walls and threaten structures at the top of the banks. • Allowing natural regrade of the channel could destabilize the canyon walls, exacerbate streambed slope issues, incise the upstream reach, and worsen the drop at the next upstream culvert. • Filling the stream channel with streambed material to address slope issues would require oversized bed material that would serve as grade control and result in bed coarsening. This option would require maintenance to prevent impacts to streamflow and prevent subsurface flow; accessibility for maintenance would be extremely difficult and hazardous. • Filling the stream channel to address slope issues would likely degrade the habitat downstream that is currently accessible for fish. Furthermore, to keep the material in place, installation of wood would likely be required that could cause channel meander and scour that could destabilize the canyon walls and create a public safety hazard. WDFW Concerns: Per RCW 77.57.030, an “obstruction across or in a stream shall be provided with a durable and efficient fishway approved by the director.” As currently applied by WDFW, this statute requires barrier culverts to be upgraded to meet current water crossing standards at the end of their structural life. Requirements for water crossing design are provided in WAC 220-660-190, with further technical guidance provided in the Water Crossing Design Guidelines (WDFW 2013). Per RCW 77.55.021, where any person or government agency desires to undertake a hydraulic project, that person or government agency shall obtain in advance a permit from WDFW as to the adequacy of the means proposed for the protection of fish life. The protection of fish life is the only basis upon which an HPA can be conditioned. In determining the adequacy of the means proposed to protect fish life, WDFW uses its scientific expertise and the rules of the Hydraulic Code contained in WAC Chapter 220-660. Where a project is expected to have an effect on fish life, the Department applies a mitigation sequence to sequentially avoid impacts, minimize and rectify unavoidable impacts, and compensate for remaining impacts. WAC 220- 660-080(1). All hydraulic work subject to an HPA must achieve no-net loss of fish life or of habitat functions necessary to support fish life. WAC 220-660-080(3). Replacement of the Wheaton Way culvert constitutes a perpetuation of a fish barrier and an effect to fish life and the habitat necessary to support fish life requires mitigation. Page 3 of 4 While the Hydraulic Code and RCW 77.55 do not afford consideration of engineering, construction, budgetary or logistical challenges in HPA permitting, WDFW acknowledges these concerns as important to the City. WDFW recognizes that the site may require a tremendous amount of engineering and construction to achieve a slope ratio in accordance with WAC requirements and the 2013 Water Crossing Design Guidelines. In-kind mitigation within the same water system presents the best form of compensatory mitigation for the effects of a hydraulic project. To achieve no-net loss from the perpetuation of the fish barrier at Wheaton Way, WDFW and the City agreed to seek out in-kind mitigation in the form of fish barrier removal in nearby water systems. Agreement: The culvert replacement on McDougal Creek at Wheaton Way is unique due to the engineering, topographical, logistical, and budgetary challenges regarding full fish passage. This agreement is not a statement of WDFW policy, nor should it be relied upon to guide decision making for other hydraulic projects. This MOA documents the agreement between WDFW and the City regarding mitigation for the perpetuation of non-passage for fish at the site. The City and WDFW hereby agree upon the following: • Because of the extreme challenge and low certainty of success of providing fish passage at the Wheaton Way culvert, WDFW agrees to issue Hydraulic Project Approval (HPA) to either repair or replace the culvert with a crossing that does not meet the requirements of the Water Crossing Design Guidelines (WDFW 2013), with no net-loss to be achieved through in-kind compensatory mitigation as described below. • Once all necessary permits are in hand, including the HPA, the City will proceed with interim repairs to, or replacement of, the existing culvert as soon as possible and in accordance with the HPA. This will consist of either: o Pressure grouting to fill the voids around the bottom of the culvert so that a liner may be placed into the pipe to prevent further deterioration and wash out of the pipe bedding; or, o Replacing the culvert with a culvert of the same diameter or larger. • As mitigation for perpetuating a fish passage barrier, the City agrees to provide off site in-kind compensatory mitigation in the Anderson Creek watershed by removing two City- owned concrete dams constituting full obstructions to fish passage, formerly used to provide municipal water to the City. The City must apply for an HPA for the removal of these dams from WDFW. o The two dams (referred to as the east and west fork dams) are located on two separate forks of Anderson Creek. The west fork dam has a fish passage priority index of 33.49, with an upstream lineal habitat gain of 2,837 meters (~9,300 feet or 1.76 miles). The east fork dam has a fish passage priority index of 37.04, with an upstream lineal habitat gain of 2,385 meters (~7,800 feet or 1.48 miles) (according to the Washington State Fish Passage database, WDFW). o For reference, approximately 610 meters (~2000 feet or 0.38 mile) of lineal habitat is documented upstream of the Wheaton Way culvert on McDougal Creek. Page 4 of 4 o According to the 2018 Stantec report, the habitat quality in the west and east forks of Anderson Creek is significantly more complex and higher quality than the habitat in upper McDougal Creek. Additional watershed details are available in the 2018 Stantec report. • This agreement will terminate upon completion of either action described below: o Replacement of the Wheaton Way culvert with a water crossing meeting the Water Crossing Design Guidelines (WDFW 2013, or as hereafter amended), or o Completion of the compensatory mitigation on Anderson Creek as outlined above and in accordance with the deadlines and conditions included in the HPA. o The termination of this agreement upon completion of either of the above does not limit the ability of WDFW to enforce any conditions of an HPA regarding post- construction inspections, maintenance, or other conditions. • This agreement does not apply to any culvert replacement or repair elsewhere on McDougal Creek, or future replacement or repair of the Wheaton Way culvert. Any HPA for future repair or replacement of the culvert at Wheaton Way will be reviewed by WDFW separately and independently from this MOA under the applicable laws and rules of the time. Agreed upon hereupon by: Washington State Department of Fish and Wildlife Date Mayor, City of Bremerton Date Approved as to form: WDFW Attorney Date City Attorney Date AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Amendment A to Public Works Board Construction Loan Contract for the Ostrich Creek Culvert Improvements Project COUNCIL MEETING Date: June 15, 2022 Department: Engineering Presenter: Gunnar Fridriksson Phone: (360) 473-5758 SUMMARY: The City received a loan from the Public Works Board to replace three fish blocking City owned culverts on Ostrich Bay Creek totaling $4,687,968 at 1.66% interest. The first culvert replacement was completed across Kitsap Way last year. The Price Road and Brentwood Drive Culvert Replacements Project was bid early this year and received two bids with the low bid being $606,140 or 32% over the Engineer’s Estimate. This resulted in a project shortfall with the current loan amount of approximately $534,311. Public Works Board staff notified the City it could request an increase of up to $500,000 to the loan amount to address the shortfall. The City requested this increase and it was approved at the Public Works Board May 6, 2022 meeting. This amendment formalizes the loan increase. ATTACHMENTS: 1) Public Works Board Construction Loan Contract Amendment A FISCAL IMPACTS (Include Budgeted Amount): This project is funded in the 2022 Stormwater budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Amendment A to the Public Works Board Construction Loan Contract for the Ostrich Creek Culvert 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 11/09/2021 A8 CONTRACT FACE SHEET Contract Number: PC18-96103-004 Amendment: A PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT 1. Contractor 2. Contractor Doing Business As (optional) City of Bremerton 345 6th St, STE 100 Bremerton, WA 98337 N/A 3. Contractor Representative 4. Public Works Board Representative N/A N/A 5. Contract Amount $ 4,687,968.00 6. Amendment Amount $500,000.00 7. New Contract Amount $5,187,968.00 8. Amendment Funding Source Federal: State:  Other: N/A: 9. Amendment Start Date 10. Contract End Date Amendment Execution Date June 1, 2038 11. Federal Funds (as applicable) N/A Federal Agency N/A CFDA Number N/A 12. Tax ID # 13. SWV # 14. UBI # 15. DUNS # N/A SWV0000221- 00 181-002-539 n/a 16. Amendment Purpose The purpose of this amendment is to modify the amount of the loan The Board, defined as the Washington State Public Works Board and Borrower/Contractor acknowledge and accept the terms of this Agreement/Contract As Amended and have executed this Agreement/Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Agreement/Contract As Amended are governed by this Agreement/Contract Amendment and the following other documents incorporated by reference: Amendment Terms and Conditions. A copy of this Agreement/Contract Amendment shall be attached to and made a part of the original Agreement/Contract between the Board and the Borrower/Contractor. Any reference in the original Agreement/Contract to the “Agreement” or the "Contract" shall mean the "Agreement As Amended" or "Contract As Amended," respectively. FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD Signature Print Name Title Date Kathryn A. Gardow, Public Works Board Chair Date APPROVED AS TO FORM ONLY This 18th Day of December, 2008 Rob McKenna Attorney General Signature on File Kathryn Wyatt Assistant Attorney General DocuSign Envelope ID: F728F253-2EC5-4D6A-8411-337324D76E8A Greg Wheeler 2 DocuSign Envelope ID: F728F253-2EC5-4D6A-8411-337324D76E8A 3 DECLARATIONS CLIENT INFORMATION Legal Name: City of Bremerton Loan Number: Amendment: PC18-96103-004 A PROJECT INFORMATION Project Title: Ostrich Creek Culvert Improvements Project City: Bremerton Project State: Washington Project Zip Code: 98337 LOAN INFORMATION New Loan Amount: Prior Loan Amount: $5,187,968.00 $4,687,968.00 Total Estimated Cost and Funding: Loan Forgiveness % (if applicable): $5,187,968.00 % Loan Term: 20 Interest Rate: 1.66% Payment Month: June 1st Loan Reimbursement Start Date: September 1, 2016 Time of Performance 60 months from Execution Date of this Contract to Project Completion. SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the Water system. Payments shall be made from the net revenue of the utility after the payment of the principa l and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, “net revenue” means gross revenue minus expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to issue future bonds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. SCOPE OF WORK Replace three existing undersized culverts at: Brentwood Drive, Kitsap Way, and Price Road along Ostrich Creek to benefit fish habitat recovery and stormwater facility replacement. The project costs may include but are not limited to engineering, cultural and historical resources, environmental documentation, review, permits, public involvement, easements, bid documents and construction. The project needs to meet all applicable Local, State, and/or Federal standards. DocuSign Envelope ID: F728F253-2EC5-4D6A-8411-337324D76E8A 4 DocuSign Envelope ID: F728F253-2EC5-4D6A-8411-337324D76E8A 3 AMENDMENT TERMS AND CONDITIONS Washington State Department of Commerce PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT Contractor/Borrower: City of Bremerton Contract Number: PC18-96103-004 Amendment Number: A The purpose of this amendment is to modify the loan amount of the above referenced Public Works Board Program. The Public Works Board (or its successors), a department of the State of Washington, (hereafter referred to as the "Board") and the Contractor, listed above and on the attached Face Sheet, agree to amend the declared loan as described below. The New Loan Amount is amended to delete the original Loan Amount in your contract and replace it with a sum not to exceed the Loan Amount as shown on the attached Declarations Page, and identified on the Contract Face Sheet as Contract Amount. The Interest Rate shall be the percent amount shown on the Decl arations Page, per annum on the outstanding principal balance. DocuSign Envelope ID: F728F253-2EC5-4D6A-8411-337324D76E8A Certificate Of Completion Envelope Id: F728F2532EC54D6A8411337324D76E8A Status: Sent Subject: Please DocuSign: PWB_Construction_Amendment_Contract_Temp.DOC Division: Local Government Program: Public Works Board ContractNumber: PC18-96103-004 DocumentType: Contract Amendment Source Envelope: Document Pages: 5 Signatures: 0 Envelope Originator: Certificate Pages: 5 Initials: 0 Mark Rentfrow AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 1011 Plum Street SE MS 42525 Olympia, WA 98504-2525 mark.rentfrow@commerce.wa.gov IP Address: 147.55.134.51 Record Tracking Status: Original 5/10/2022 12:18:40 PM Holder: Mark Rentfrow mark.rentfrow@commerce.wa.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Washington State Department of Commerce Location: DocuSign Signer Events Signature Timestamp Greg Wheeler Gunnar.Fridriksson@ci.bremerton.wa.us Security Level: Email, Account Authentication (None) Sent: 5/10/2022 12:22:38 PM Viewed: 5/10/2022 12:24:30 PM Electronic Record and Signature Disclosure: Accepted: 5/10/2022 12:24:30 PM ID: b574eee3-0a1b-4405-bb3e-f2452b07f376 Kathryn Gardow pwbgardowk@gmail.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 5/9/2022 12:32:48 PM ID: 2e745757-1742-488c-ac8b-ceb3abf7653d In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/10/2022 12:22:38 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Washington State Department of Commerce (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Memorandum of Understanding with Meridian Terrace, LLC for Potential Easement Exchange and Property Acquisition COUNCIL MEETING Date: June 15, 2022 Department: PW&U - Forestry Presenter: Cami Apfelbeck/Gunnar Fridriksson Phone: (360) 473-2315 SUMMARY: The purpose of this Memorandum of Understanding (“MOU”) is to establish a plan between the City of Bremerton (“City”) and Meridian Terrace, LLC (“Meridian”) for the possible exchange of easements between the Parties and the potential property acquisition by the City from Meridian. The exact location and descriptions of the easements cannot be established until Meridian obtains a Single-Family Residence (“SFR”) Building Permit from Kitsap County to construct a SFR and access road on Parcel #352401-3-010-1000. The parties recognize that the MOU is not a binding document and does not obligate either party to buy or sell any easement or property, rather it is an agreement to work in good faith to accomplish the plan set forth in this MOU. ATTACHMENTS: Memorandum Of Understanding 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 Memorandum of Understanding for Potential Easement Exchange and Property Acquisition between Meridian Terrace, LLC and the City of Bremerton; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as contained in the proposed Memorandum. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A9 Page 1 of 5 MEMORANDUM OF UNDERSTANDING for Potential Easement Exchange and Property Acquisition between City of Bremerton and Meridian Terrace, LLC The purpose of this Memorandum of Understanding (“MOU”) is to establish a plan between the City of Bremerton (“City”) and Meridian Terrace, LLC (“Meridian”) for the possible exchange of easements between the Parties and the potential property acquisition by the City from Meridian. The exact location and descriptions of the easements cannot be established until Meridian obtains a Single-Family Residence (“SFR”) Building Permit from Kitsap County to construct a SFR and access road on Parcel #352401-3-010-1000. The parties recognize that the MOU is not a binding document and does not obligate either party to buy or sell any easement or property, rather it is an agreement to work in good faith to accomplish the plan set forth in this MOU. Exhibits A & B show those parcels effected by the proposed actions. The City is the owner of the following parcels located in Kitsap County, Washington: Parcel #: 352401-3-030-1006 A STRIP OF LAND 20FT WIDE BEING 10FT ON EACH SIDE OF FDL; BAT 1/4 COR COMN TO SECS 34 & 35 TH S 746.47FT ALG THE W LN OF SEC 35 TO THE CTR LN OF THE EXST RDWY & THE TPOB TH N89*35'30E 600.90FT TH S81*40'00E 393.36FT M/L TO THE E LN OF THE W 30 AC OF THE NW1/4 OF THE SW1/4 OF SEC 35; GRANTORS SHALL HAVE RIGHT OF ACCESS OVER THE ABV DESC PRTY. Parcel #: 352401-3-009-1003 PT OF THE W 3/4 OF THE NW1/4 SW1/4 LYING SLY OF THE CO RD EX SEG PT SLY OF PRESENT RD PER VOL 797/611 EX 20FT STRIP TO CITY OF BREMERTON FOR RD AS PER VOL 825/98 Meridian is the owner of the following parcels located in Kitsap County, Washington: Parcel #: 352401-3-010-1000 THAT PORTION OF THE FOLLOWING DESCRIBED TRACT WHICH LIES SOUTHERLY OF THE PRESENT ROAD, AS NOW CONSTRUCTED, NOW BEING USED AS CITY WATERSHED ENTRANCE; THE WEST THREE-QUARTERS OF THE NORTHWEST ONE- QUARTER OF THE SOUTHWEST ONE-QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M.; SITUATE IN KITSAP COUNTY, WASHINGTON. Parcel #: 352401-3-011-1009 THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, SECTION 35, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE EAST HALF OF THE EAST HALF THEREOF. Page 2 of 5 Parcel #: 342401-4-001-1000 THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., KITSAP COUNTY, WASHINGTON. Parcel #: 342401-4-002-1009 THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE WEST 561 FEET THEREOF. Parcel #: 342401-4-003-1008 THE WEST 561 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 34, TOWNSHIP 24 NORTH, RANGE 1 WEST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION THEREOF LYING WITHIN MINARD ROAD. TOGETHER WITH EASEMENTS OF RECORD. It is the intention of the parties that:  Following the execution of this MOU, but not later than one year after execution, Meridian will apply for a SFR Building Permit from Kitsap County to construct a SFR and access road on Parcel #35401-3-010-1000.  Following approval and granting of the permit for the SFR on Parcel #352401-3-010- 1000, the Parties will work to identify and establish the exact descriptions and locations by field survey of proposed Easements 1, 2 and 3 described below. Easements 1 and 2 will be delineated such that each has equal square footage and value to facilitate an exchange of easements between the Parties rather than purchase and sale. Easement design must allow the necessary width for road construction, while maintaining sufficient maintenance access to City facilities. The general description and locations of the easements as currently proposed by the parties are set forth below and shown in Exhibit B. o Easement 1: Approximately 40-foot wide access and utility easement over the east end of Parcels #352401-3-030-1006 and #352401-3-009-1003 lying east of the outer gate to the City’s Watershed properties from the City to Meridian. o Easement 2: Approximately 40-foot wide access and utility easement over Parcel #352401-3-010-1000 lying east of the outer gate to the City’s Watershed properties from Meridian to the City.  Following the establishment and exchange of Easements 1 and 2, Meridian will construct an access road to the SFR on Parcel #352401-3-010-1000 with a 60-foot wide access and utilities easement in favor of both Parties as shown in Exhibit B (Easement 3).  The Parties may attempt to negotiate a purchase by the City of that portion of Parcel #352401-3-010-1000 lying west of the newly constructed access road (Exhibit B) with a Boundary Line Adjustment (BLA) with Parcel #352401-3-030-1006. In any negotiation, land value as a residential lot will be determined via an appraiser chosen from a list provided by the City to Meridian, and a final purchase price will be negotiated by the Parties. Page 3 of 5  Upon completion of the SFR, Meridian will apply for a 6-lot Short Plan subdivision of Parcel #352401-3-011-1009 and extend the access road southward to access these additional properties (Exhibit A).  At such time that subdivision of Parcel #352401-3-011-1009 occurs, the Parties may attempt to negotiate a subsequent purchase by the City of an additional 100 foot strip of property lying west of the access road extension of Meridian Parcels #342401-4-001- 1000, #342401-4-002-1009, and #342401-4-003-1008 lying adjacent to the southern boundary of City Parcel #352401-3-030-1006 (Exhibit A). In any negotiation, land value as a residential lot will be determined via an appraiser chosen from a list provided by the City to Meridian, and a final purchase price will be negotiated by the Parties. Meridian also plans to sell other portions of their holdings to other developers (Parcels #342401- 4-001-1000, #342401-4-002-1009, and #342401-4-003-1008). It is assumed that additional 5 or 6-Lot Short Plats will be created. Therefore, it is anticipated that in the future there will be 17 or 18 total users of the access road from McKenna Falls Road. CITY OF BREMERTON MERIDIAN TERRACE, LLC By: By: Print Name: Greg Wheeler Print Name: David Litowitz Its: Mayor Its: Member Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk Page 4 of 5 EXHIBIT A Page 5 of 5 EXHIBIT B McKenna Falls Road Surface Water Intake Facility Casad Dam Meridian Terrace LLC Private Residences Project Area AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Purchase of a 2022 Ford Police Interceptor “Off the Lot” Vehicle from Bud Clary Ford/Hyundai COUNCIL MEETING Date: June 15, 2022 Department: PW&U Presenter: Chris Mottner Phone: (360) 473-2316 SUMMARY: The 2015 Ford Police Interceptor Vehicle #151420 was in a rear end Collison and after evaluation by the City’s insurer, it was determined a total loss. A “Off the Lot” new 2022 Ford Police Interceptor vehicle is available as a replacement from Bud Clary Ford/Hyundai by purchase off the Washington State DES procurement contract #05916. ATTACHMENTS: 1) Justification; 2) Vehicle Purchase Summary; 3) Quote 2022-5-375 FISCAL IMPACTS (Include Budgeted Amount): Purchase by ERR 510 funds. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the 2022 off the lot vehicle purchase order as presented in the summary in the amount of $48,321.47 including Washington State Sales Tax. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 A10 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Transportation Alternatives Program Funding Grant with Puget Sound Regional Council; and Local Agency Agreement with WA State Department of Transportation for the Naval Avenue Bicycle & Pedestrian Project COUNCIL MEETING Date: June 15, 2022 Department: Engineering Presenter: Shane Weber Phone: (360) 473-2354 SUMMARY: The City has been offered a Transportation Alternatives Program (TAP) Grant through the Puget Sound Regional Council (PSRC) to acquire right of way for Phase 1 of the Naval Avenue Bicycle and Pedestrian project which runs from 1st to 11th Street. The grant amount is $1,600,000 and requires a City match of 13.5% ($216,000) for a total of $1,816,000. The offered grant will be in WSDOT Standard Forms, with their standard terms and conditions. ATTACHMENTS: 1) Grant Award Letter, 2) Site Plan, 3) Local Agency Agreement (blank) FISCAL IMPACTS (Include Budgeted Amount): The grant offered is $1,600,000 and requires a 13.5% match ($216,000) for a total of $1,816,000. This grant and match are estimated to fully fund the right-of-way phase of Phase 1 of the project. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept Transportation Alternatives Program Grant; and approve the Local Agency Agreement with WSDOT for the Naval Avenue Bicycle and Pedestrian 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 11/09/2021 A11 13TH STREET4TH STREET5TH STREET8TH STREET10TH STREETNAVAL AVENUE11TH STREET6TH STREETBURWELL STREETPROJECT SITE1ST STREET15TH STREETLOCATIONPROJECT℄℄℄℄1"=300'SHEETVERT.HORIZ.SCALEBYDATENO.CITY OF BREMERTONREVISIONSDESCRIPTIONDEPARTMENT OF PUBLIC WORKS & UTILITIESCAD FILE:ENGINEERING DIVISIONIF NOT SCALE ACCORDINGLYTWO INCHES AT FULL SCALE1"02"PN: DESC Naval AvenueVicinity Map11 Page 1 Revised 01/2022 Local Agency Agreement Agency Address CFDA No. 20.205 - Highway Planning and Construction (Catalog of Federal Domestic Assistance) Project No. Agreement No. For WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Length Termini Description of Work Project Agreement End Date Claiming Indirect Cost Rate Yes NoProposed Advertisement Date Type of Work Estimate of Funding(1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal FundsPE %a. Agency b. OtherFederal Aid Participation Ratio for PE c. Other d. State e. Total PE Cost Estimate (a+b+c+d)Right of Way %f. Agency g. OtherFederal Aid Participation Ratio for RW h. Other i. State j. Total R/W Cost Estimate (f+g+h+i)Construction %k. Contract l. Other m. OtherFederal Aid Participation Ratio for CN n. Other o. Agency p. State q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q) DOT Form 140-039 Washington State Department of Transportation By Director, Local Program Agency Official By Title Date Executed 0 0 0 0 0 0 0 0 0 0 0 0 DOT Form 140-039 Page 2 Revised 01/2022 Construction Method of Financing (Check Method Selected) State Ad and Award Method A - Advance Payment - Agency Share of total construction cost (based on contract award) Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, column 2) in the amount of $ at $ per month for months. Local Force or Local Ad and Award Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on , , Resolution/Ordinance No. Provisions I. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the “Project Description” and “Type of Work.” When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in “Type of Work” on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor’s Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of federal aid funds and/or agreement closure. If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). DOT Form 140-039 Page 3 Revised 01/2022 The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 - Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted promptly to the State. DOT Form 140-039 Page 4 Revised 01/2022 IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. DOT Form 140-039 Page 5 Revised 01/2022 XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1)The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary is notified by the Federal Highway Administration that the project is inactive. (5) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. XVI.Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XVII. Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). Additional Provisions Instructions 1.Agency Name and Billing Address – Enter the Agency of primary interest which will become a party to the agreement. 2.Project Number – Leave blank. This number will be assigned by WSDOT. 3.Agreement Number – Leave blank. This number will be assigned by WSDOT. 4. a.Project Description – Enter the project name, total length of the project (in miles), and a brief description of the termini. Data entered here must be consistent with the name, length, and termini noted in the STIP and Project Prospectus Example: (Name) “Regal Road”, (Length) “1.2 miles”, (Termini) “Smith Road to Main Street” b.Description of Work – Enter a concise statement of the major items of work to be performed. Statement must be consistent with the description of work noted in the STIP and Project Prospectus. Example: “Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and traffic signal at the intersection of Regal Road and Dakota Avenue.” c.Project Agreement End Date – Enter your Project Agreement End Date. This date is based on your projects Period of Performance (2 CFR 200.309). For Planning Only projects – WSDOT recommends agencies estimate the end of the project’s period of performance and add three years to determine the “Project Agreement End Date”. For PE and RW – WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the “Project Agreement End Date”. For Construction – WSDOT recommends agencies estimate when construction will be completed and add three years to determine the “Project Agreement End Date”. d.Proposed Advertisement Date – At construction authorization only, enter the proposed project advertisement date. e.Claiming Indirect Cost Rate – Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the local agency agreement. Indirect cost rate approval by your cognizant agency or through your agency’s self-certification and supporting documentation is required to be available for review by FHWA, WSDOT and /or State Auditor. Check the No box if the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance. 5.Type of Work and Funding (Round all dollar amounts to the nearest whole dollar) a.PE – Lines a through d show Preliminary Engineering costs for the project by type of work (e.g., consultant, agency, state services, etc.). *Federal aid participation ratio for PE – enter ratio for PE lines with amounts in column 3. Line a – Enter the estimated amount of agency work in columns 1 through 3. Line b & c – Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3. Line d – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. Line e – Total of lines a + b + c + d. b.Right of Way – If a Right of Way phase is authorized on the project, the appropriate costs are shown in lines f through i. *Federal aid participation ratio for RW – enter ratio for RW lines with amounts in column 3. Line f – Enter the estimated amount of agency work in columns 1 through 3. Line g & h – Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3. Line i – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. Line j – Total of lines f + g + h + i. c.Construction – Lines k through p show construction costs for the project by type of work (e.g., contract, consultant, agency, state services, etc.). *Federal aid participation ratio for CN – enter ratio for CN lines with amounts in column 3. Line k – Enter the estimated cost of the contract. Lines l, m, & n – Enter other estimated costs such as utility and construction contracts or non‑federally matched contract costs. Line o – Enter estimated costs of all construction related agency work. Line p – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. Line q – Total Construction Cost Estimate. Total of lines k + l + m + n + o + p. d.Total Project Cost Estimate Line r – Total Cost Estimate of the Project. Total of lines e + j + q. *Please remember, if the federal aid participation rate entered is not the maximum rate allowed by FHWA, then the participation rate entered becomes the maximum rate allowed. 6.Signatures – An authorized official of the local agency signs the agreement, and writes in their title. Note: Do NOT enter a date on the Date Executed line. 7.Method of Construction Financing – Choose the method of financing for the construction portion of the project. a.Method “A” is used when the state administers the contract for the agency. b.Method “B” is also used when the state administers the contract for the agency. c.Method “C” is used with projects administered by the local agency. The agency will submit billings monthly through the state to FHWA for all eligible costs. The billings must document the payment requests from the contractor. If state-force work, such as audit and construction engineering, is to receive federal participation, it will be billed to the agency and FHWA simultaneously at the indicated ratio. To show continuous progress agencies should bill monthly until agreement is closed. 8.Resolutions/Ordinances – When someone other than the County Executive/Chairman, County Commissioners/Mayor is authorized to sign the agreement, the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance designating that individual. 9.Parties to the Agreement – Submit one originally signed agreement form to the Region Local Programs Engineer. It is the responsibility of the local agency to submit an additional, originally signed agreement form if they need an executed agreement for their files. The agreement is first executed by the agency official(s) authorized to enter into the agreement. It is then transmitted to the state for execution by Local Programs. The agreement is dated at the time of final execution by Local Programs. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: June 8, 2022 Ordinance amending Chapter 6.32 of the Bremerton Municipal Code entitled “Noise Levels” COUNCIL MEETING Date: June 15, 2022 Department: Legal Presenter: Kylie Finnell Mychael Raya Phone: (360) 473-2345 SUMMARY: The City is seeking to amend Chapter 6.32 of the Bremerton Municipal Code entitled “Noise Levels” for the purpose of minimizing the exposure of citizens to the physiological and psychological effects of excessive noise and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the City Council to control the level of noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment. Recognizing these risks and within the limits established by the First Amendment, recommend Chapter 6.32 be amended to address the problem of noise pollution. Public Comment was accepted during the June 1 Council Meeting and the action before City Council is to adopt the proposed Ordinance. ATTACHMENTS: 1) Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ______ amending Chapter 6.32 of the Bremerton Municipal Code entitled “Noise Levels.” COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A12 Page 1 of 10 Chapter 6.32 – Noise Levels ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 6.32 of the Bremerton Municipal Code entitled “Noise Levels.” WHEREAS, the City Council desires to amend and update Chapter 6.32 of the Bremerton Municipal Code, relating to noise levels; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.32 of the Bremerton Municipal Code entitled "Noise Levels" is hereby amended to read as follows: Chapter 6.32 NOISE LEVELS 6.32.010 POLICY AND APPLICATION. (a) It is the policy of the City to minimize the exposure of citizens to the physiological and psychological effects of excessive noise and to protect, promote and preserve the public health, safety and welfare. It is the express intent of the City Council to control the level of noise in a manner which promotes commerce; the use, value and enjoyment of property; sleep and repose; and the quality of the environment. (b) The following environments have been identified and approaches adopted: (1) Use of property. The different zoning districts of the City establish lawful uses which can be anticipated to produce noise at certain reasonable levels associated with these uses. The provisions of BMC 6.32.030 utilize thresholds consistent with those set forth in Chapter 70.107 RCW entitled “Noise Control” and Chapter 173-60 WAC entitled “Maximum Environmental Noise Levels” and recognizing that decibel intervals are increased exponentially with each ten MHz of noise generation. The use of property is better suited to the use of noise measuring devices because use is consistent and can be measured at the property line from the property of the complainant. Intermittent noises and noise generated for the purpose of annoyance is more sporadic in nature and requires a different approach. The provisions of BMC 6.32.050 entitled “Public Disturbance Noises” are aimed at those situations which are difficult or impossible to address through measurement pursuant to BMC 6.32.030 entitled “Environmental Sound – Maximum Permissible Levels”. In administering and enforcing the provisions of this chapter, the City desires to coordinate the application of these two approaches. The content of the speech shall not be considered against any person in determining a violation of this Chapter. (2) Similarly, public uses of the rights-of-way, such as parades, and First Amendment speech such as a lawful demonstration should be differentiated from pure commercial speech. Pure commercial speech has been defined by the US Supreme Court as speech “which does no more than propose a commercial transaction.” Such speech while protected is susceptible of regulation provided that the City address the legitimate public concern of noise pollution in a thoughtful and targeted manner. Page 2 of 10 Chapter 6.32 – Noise Levels (2) Finally, the City recognizes that the use of bells, chimes and carillons may constitute a call to worship and accordingly such a use is protected as religious speech under the First Amendment. In addition, the historic use of a carillon by the City of Bremerton is an established historical use appropriate within the zone in which it is located. These noises are appropriate when limited by reasonable time, place and manner restrictions. (c) The provisions of this chapter shall be administered and enforced by the Administrator defined in BMC 6.32.020(a) below. 6.32.010020 DEFINITIONS. All technical terminology used in this chapter not defined herein shall be interpreted in conformance with American National Standards Institute Specifications, Sections 1.1 -1960 and 1.4-1971. For purposes of this chapter, the words and phrases used herein shall have th e meaning indicated below: (a) "Administrator" means the Chief of Police or the Director of the Department of Community Development, Mayor of the City of Bremerton, or his or her designee as applicable, or his or her designee. (b) "db(A)" means a sound level, measured in decibels, using the A frequency- weighting network of a sound-level meter. (c) “City” means City of Bremerton. (cd) "District" means the land use zones to which the provisions of this chapter apply. For the purposes of this chapter, the following noise control districts shall be established, which include land use zones designated in the Bremerton zoning and subarea plan ordinances, as follows: Noise Control District Land Use Zones (pursuant to BMC Title 20 and Subarea Plans) District I R-10, R-10M18, R-2040, East Park Subarea Plan (SAP) District II NB, BC, DCC, DW, DC, EC, INST, GC, Bay Vista SAP, Downtown SAP, Gorst SAP, Eastside Village SAP District III I, CUL, WS, FC, PSIC SAP (de) "Emergency work" means: (1) Work made necessary to restore property to a safe condition following a public emergency consistent with BMC Chapter 2.26. calamity; (2) Work required to protect persons or property from imminent exposure to danger; or (3) Work by private or public utilities for providing or restoring immediately necessary utility service. (f) “Enforcement Officer” means the Administrator or a city, county or state law enforcement officer, City code enforcement officer or other official designated or authorized by the Administrator to enforce the provisions of this chapter. Page 3 of 10 Chapter 6.32 – Noise Levels (g) “Impulsive sound” means sound having the following qualities: the peak of the sound level is less than one (1) second and short compared to the occurrence rate; the onset is abrupt; the decay rapid; and the peak value exceeds the ambient level by more than ten (10) dB(A). (h) “Leq” means the equivalent sound level, which is the constant sound level in a given time period that conveys the same sound energy as the actual time-varying A-weighted sound. The applicable time period for the Leq must be specified. (i) “Lmax” means the maximum sound level over a measurement interval determined by using a sound level meter set to “Fast” response time. (ej) "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, except farm tractors and such vehicles powered by an engine of less than five (5) horsepower. (fk) "Motor vehicle" means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010 or a motorized transportation device as defined in BMC 10.13.010. (Aircraft, watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein.) (gl) "Noise" means the intensity, duration and character of sounds from any and all sources. The terms “noise” and “sound” can be used interchangeably for purposes of this chapter. (hm) "Person" means any natural person,individual firm, association, partnership, corporation or any other entity, public or private. (i) "Police officer" means a duly appointed city, county or State law enforcement officer. (jn) "Property boundary" means the survey line at ground surface which separates real property owned, rented or leased by one or more other persons and its vertical extension. (ko) "Receiving property" means real property within which sound originating from sources outside the property is received. (p) “Sound” means vibrations that travel through the air or another medium and are audible to the human ear. The terms “sound” and “noise” can be used interchangeably for purposes of this chapter. (lq) "Sound level" means a weighted sound pressure level obtained by the use of a sound level meter and weighted as specified in American National Standards Instit ute Specifications (ANSI), Section 1.4-19711983, as it now exists or is hereafter amended.. (mr) "Sound level meter" means a sound-level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, Sect ion 1.4-19711983, as it now exists or as hereafter amended.. (ns) "Weekend" means Saturday and Sunday or any legal holiday. 6.32.040030 ENVIRONMENTAL SOUND – MAXIMUM PERMISSIBLE LEVELS. (a) It is unlawful for any person to cause or permit noise from any source located within the City of Bremerton to intrude into the property of another which exceeds the maximum or permissible exterior noise level limits set forth below: Page 4 of 10 Chapter 6.32 – Noise Levels TABLE I – Exterior noise level limits District of Sound Source District Receiving Property Within the City of Bremerton I II III I 55 dB(A) 57 dB(A) 60 dB(A) II 57 dB(A) 60 dB(A) 65 dB(A) III 60 dB(A) 65 dB(A) 70 dB(A) (b) The exterior noise level limits are based on the Leq, as defined in BMC 6.32.020, during the measurement interval, using a minimum interval of one (1) minute for a constant sound source, or a one-hour measurement for a non-continuous sound source. The standard of measurement shall be a one hour Leq. Leq may be measured for times not less than one (1) minute to project an hourly Leq. (1) During a measurement interval, Lmax, as defined in BMC 6.32.020, may exceed the exterior sound level limits shown in Table I by no more than 15 dB(A). (2) For any source of sound that is impulsive, as defined in BMC 6.32.020, and not measured with an impulse sound level meter, the exterior sound level limits established by Table I are reduced by 5 dB(A). (bc) Between the hours of 10:00 p.m. and 7:00 a.m. the noise limitations of the foregoing table shall be reduced by ten (10) dBA for receiving property within District I and District II. (cd) At any hour of the day or night the applicable noise limitations in (a) and (bc) above may not be exceeded for any receiving property. by no more than: (1) Five (5) dBA for a total of fifteen (15) minutes in any one (1) hour period; or (2) Ten (10) dBA for a total of five (5) minutes in any one (1) hour period; or (3) Fifteen (15) dBA for a total of one and one-half (1.5) minutes in any one (1) hour period. (de) Exemptions. (1) The following shall be exempt from the provisions of subsections (a) and (bc) between the hours of 7:00 a.m. and 10:00 p.m.: i. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances. ii. Sounds created by the discharge of firearms on authorized shooting ranges. iii. Sounds created by blasting conducted in compliance with WAC 296-52- 64005. iv. Sounds created by aircraft engine testing and maintenance not related to flight operations; provided, that aircraft testing and maintenance shall be conducted at remote sites whenever possible. v. Sounds created by the installation or repair of essential utility services. Page 5 of 10 Chapter 6.32 – Noise Levels (2) The following shall be exempt from the provisions of subsection (cb). i. Noise from electrical substations and existing stationary equipment used in the conveyance of water, waste waterwastewater, and natural gas by a utility. ii. Noise from existing industrial installations which exceed the standards contained in these regulations but which comply with or are authorized by the State Department of Ecology pursuant to Chapter 70.107 RCW entitled “Noise Control”, Chapter 173-58 WAC entitled “Sound Level Measurement Procedures” and Chapter 173-60 WAC entitled “Maximum Environmental Noise Levels”.and which, over the previous three years, have consistently operated in excess of fifteen (15) hours per day as a consequence of process necessity and/or demonstrated routine normal operation. Changes in working hours, which would affect exemptions under this regulation, require approval of the State Department of Ecology. (3) The following shall be exempt from the provisions of subsections (a) and (cb), except insofar as such provisions relate to the reception of noise within District I and District II between the hours of 10:00 p.m. and 7:00 a.m. i. Sounds originating from duly permitted temporary construction sites as a result of construction activity. ii. Sounds originating from forest harvesting and silvicultural activity. (4) The following shall be exempt from all provisions of subsections (a) and (cb): i. Sounds created by motor vehicles when regulated by Chapter 173- 62 WAC. ii. Sounds originating from aircraft in flight and sounds that originate at airports which are directly related to flight operations. iii. Sounds created by surface carriers engaged in interstate commerce by railroad. iv. Sounds created by warning devices not operating continuously for more than five (5) minutes, or bells, chimes, and carillons which do not exceed five (5) minutes in an hour when operated between the hours of 7:00 a.m. and 10:00 p.m. v. Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible. vi. Sounds created by emergency equipment and work necessary in the interests of law enforcement or for health, safety or welfare of the community. vii. Sounds originating from motor vehicle racing events at existing authorized facilities. viii. Sounds originating from officially sanctioned parades and other public events when duly permitted and conducted within the public right-of-way or on a site designated by the applicable permit. ix. Sounds emitted from petroleum refinery boilers during start-up of said boilers; provided, that the start-up operation is performed during daytime hours whenever possible. x. Sounds created by watercraft. xi. Sound created by the discharge of firearms in the course of hunting. ix. xii. Sounds created by motor vehicles, licensed or unlicensed, when operated off public highways except when such sounds are received in District I and District II. x. Fireworks lawfully discharged within the City pursuant to Chapter 9.48 BMC. Page 6 of 10 Chapter 6.32 – Noise Levels xi. Sounds caused by the emergency repair, routine maintenance, or construction of any public facility, utility, or street approved by the City of Bremerton Public Works and Utilities Department. 6.32.050040 MEASUREMENT OF SOUND. (a) If the measurements of sound are made with a sound-level meter, it shall be an instrument in good operating condition meeting the requirements for a Type I or Type II instrument, as delineated in American National Standards Institute Specifications (ANSI), Section 1.4-19711983, as it now exists or is hereafter amended.. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in Section 1.4 -1971 1983 ANSI for Type II instruments. (b) When the location, distance or technique for measurement of sound is impractical or would yield misleading or inaccurate results, measurements shall be taken at other locations or distances utilizing appropriate correction factors, as specified in the rules promulgated by the Administrator. (c) Where a receiving party is partly within one (1) district and partly within another, the maximum permissible noise level at a point within the property boundary shall be that permitted into a receiving property wholly within the lowest intensity district in which the sound is measured. 6.32.060 POSITION OF ADMINISTRATOR ESTABLISHED. (a) Establishment. The position of administrator is hereby established, and shall be the mayor, or his or her designee. The administrator is authorized and directed to administer and enforce the provisions of this chapter. (b) Qualifications of Administrator. The administrator shall be a person having a working knowledge of acoustics and competent in the field of noise control. The administrator shall have completed instructional guidance provided by the State Department of Ecology or other recognized institution to operate Type I and Type II sound-level meters, and make all computations and calculations necessary to enforce this chapter. (c) Duties of Administrator. The duties of the administrator shall include, but are not limited to: (1) Obtaining assistance from other appropriate city departments and officials; (2) Training law enforcement officers and staff; (3) Purchasing measuring instruments and training inspectors in their calibration and use; (4) Establishing a noise-control field procedures manual providing techniques and procedures for measuring or reducing noise to provide for clarification, interpretation and implementation of this chapter; (5) Investigating citizens’ noise complaint; (6) Issuing orders for the reduction or elimination of noise; (7) Assisting citizens and city departments in evaluating and reducing the noise impact of their activities; (8) Assisting city planning officials in evaluating the noise component in planning and zoning actions; (9) Instituting a public education program on noise; and Page 7 of 10 Chapter 6.32 – Noise Levels (10) Reviewing at least every three years the provisions of this chapter and recommending revisions consistent with technology to reduce noise. 6.32.070 VARIANCE PROCEDURE. (a) A person who owns or is in possession of any property or use, or any process or equipment, may make a request for a variance to the Administrative Hearing Examiner for relief from any provision of this chapter governing the quality, nature, duration or extent of discharge or noise. The application shall be accompanied by such information and data as the Hearing Examiner may require. The Hearing Examiner shall enforce rules and regulations governing the application for and granting of variances, including hearing and notices. A variance or its renewal shall not be the right of the applicant or holder thereof, but shall be at the reasonable discretion of the Hearing Examiner. (b) The variance shall not be granted under this section unless the Hearing Examiner has considered the relevant interests of the applicant, other owners of property likely to be affected, and the general public and finds that all the following facts and conditions exist: (1) That there are exceptional or extraordinary circumstances or conditions applying to the applicant’s property, or intended use thereof, that do not apply generally to other properties in the same noise control district; (2) That such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the applicants possessed by the owners of other properties in the same noise control district; (3) That the authorization of such variance does not endanger public health or safety in the same or adjacent noise control districts; (4) That the granting of such variance will not adversely affect the general policy and purposes of this chapter. (c) In authorizing a variance, conditions regarding noise level, duration, type and other considerations deemed necessary to carry out the policy and purpose of this chapter may be imposed. 6.32.090 APPEAL TO SUPERIOR COURT An appeal of the decision of the Hearing Examiner must be filed with the Superior Court within twenty-one (21) calendar days of the issuance of the decision. 6.32.110050 PUBLIC DISTURBANCE NOISES It is hereby unlawful and declared a public nuisance for any person to cause, or for any person in possession of property to allow to originate from the property, noise defined in this section. For prosecution under this section, evidence of sound level through the use of a sound level meter reading shall not be necessary to establish a commission of the offense. Provisions of this section shall be cumulative and not exclusive, and shall not affect any other claim, cause of action or remedy including any prosecution for violation of sections regulating environmental noise. The content of the noise will not be considered in determining a violation. For purposes of this section, any noise or sound emanating from a business or other source on the property shall be presumed to be with knowledge, permission or consent of the owner or legal occupant of the property, which presumption may be rebutted by reasonable evidence to the contrary. The following shall be public disturbance noises: Page 8 of 10 Chapter 6.32 – Noise Levels (a) The frequent, repetitive or continuance sound of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law. (ba) The creation of frequent, repetitive or continuous noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within District I and District II so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real proper ty so as to be audible greater than one hundred (100) feet from the source. (cb) The use of a sound amplifier or other device capable of producing or reproducing amplified sound upon public streets for the purpose of commercial advertising or sales or f or attracting the attention of the public to any vehicle, structure or property or the contents therein operated at a volume so as to be audible greater than one hundred (100) feet from the source, except as permitted by law, and except that vendors whose sole method of selling is from a moving vehicle shall be exempt from this subsection. (dc) Sound from motor vehicle sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fiftyone hundred (50100) feet from the vehicle itself. (ed) Operating or playing, or permitting the operating or playing of, any audio equipment, television set, musical instrument, or any sound, music or other noise emanating from any other fixed or portable audio equipment or similar device, operated at a volume so as to be audible greater than one hundred (100) feet from the source.Sound from audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than fifty (50) feet from the source. (e) Creating loud, raucous, frequent, repetitive, or continuous sounds with the human voice, whether by amplification equipment, such as a microphone, or not, so as to be audible greater than one hundred (100) feet from the source. (f) The creation of any loud noises which emanate frequently, or repetitively or continuously from any building, structure or property which unreasonably disturbs the peace, comfort and repose of others so as to be audible greater than one hundred (100) feet from the source.. (g) Between the hours of 7:00 a.m. and 10:00 p.m. the following noises shall be exempt from the provisions of BMC 6.32.050 and shall not be considered public disturbance noises: (1) Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances. (2) Sounds created by the discharge of firearms on authorized shooting ranges. (3) Sounds created by the installation or repair of essential utility services. (4) Sounds originating from duly permitted temporary construction sites as a result of construction activity. (5) Sounds originating from forest harvesting and silvicultural activity. (6) Sounds created by bells, chimes, and carillons which do not exceed five (5) minutes in an hour. (h) At all times the following noises shall be exempt from the provisions of BMC 6.32.050 and shall not be considered public disturbance noises: (1) Sounds created by warning devices not operating continuously for more than five (5) minutes. (2) Sounds created by safety and protective devices where noise suppression would defeat the intent of the device or is not economically feasible. Page 9 of 10 Chapter 6.32 – Noise Levels (3) Sounds created by emergency equipment and work necessary in the interests of law enforcement or for the health, safety or welfare of the community. (4) Sounds originating from parades and other public events when duly permitted and conducted within the public right-of-way or on a site designated by the applicable permit. (5) Fireworks lawfully discharged within the City pursuant to Chapter 9.48 BMC. (6) Sounds caused by the emergency repair, routine maintenance, or construction of any public facility, utility, or street approved by the City of Bremerton Public Works and Utilities Department. 6.32.115 BELLS, CHIMES OR CARILLONS. The operation of bells, chimes or carillons shall be exempt from the provisions of this chapter. 6.32.120060 VIOLATIONS – CIVIL PENALTY, CRIMINAL PENALTY. (a) Civil Infraction. Any person who violates the provisions of this chapter shall be subject to a civil penalty of up to $250.00; provided, that the penalty for a second or subsequent violation within a two-year period shall be a civil penalty of up to $500.00, unless determined to be a habitual violator pursuant to Subsection (b) below.Every offense defined by this chapter or conduct made unlawful hereby shall constitute a civil infraction under the Bremerton Municipal Code; provided, however, A second violation within a twenty-four (24) hour period shall constitute a misdemeanor. (b) Habitual Violators – Misdemeanor. Any person, after receiving three (3) or more infractions, singularly or in combination, for prior violations of this chapter within a one hundred and eighty (180) day period found to be committed by the Municipal Court shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2) upon a subsequent violation within said one hundred and eighty (180) day period. A conviction of a misdemeanor under this subsection shall be considered and counted as an infraction for the purpose of determining whether or not a violator is a habitual violator. In addition to any other sanction or injunctive procedure which may be available at law or equity, any person failing to comply with the final order issued by the administrator or a police officer shall be subject to a cumulative civil penalty in an amount not to exceed one hundred dollars ($100.00) per day from the date set for compliance until compliance. The civil penalty shall be collected by legal action brought in the name of the City. (c) For enforcement purposes, each day, defined as a twenty-four (24) hour period beginning at 12:01 a.m. in which violation of this chapter occurs, shall constitute a separate violation. SECTION 2. 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 3. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the Page 10 of 10 Chapter 6.32 – Noise Levels validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. 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 ____________________, 2022. _________________________________ MICHAEL GOODNOW, Council President Approved this ________ day of ________________________, 2022. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ _________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 2022. EFFECTIVE the ________ day of ______________________, 2022. ORDINANCE NO. ________. R:\Legal\Legal\Ordinances\Police\BMC 6.32 - Noise Levels - City version 16 - 5.19.22 - Final.docx From:Aaron Elton To:City Council Cc:Mychael Raya; Kylie Finnell; Thomas Knuckey Subject:Noise Complaint call times and days Date:Thursday, May 26, 2022 7:09:32 PM In 2020 we received 435 noise complaints. The peak time for noise complaints was between 10PM and 1AM. The most prevalent day of the week for these calls was Saturday. In 2021 we received 424 noise complaints. The peak time for noise complaints was between 10PM and 1AM. The most prevalent days of the week for these calls was Saturday, Sunday then Friday. (the number of calls only separated by 10 to 15 from day to day) So far in 2022 we have received over 67 noise complaints. The peak time for noise complaints was between 11PM and 1AM. The most prevalent day of the week for these calls was Saturday and Sunday (again the difference was 10 to 15 calls). Thank You, Lt. Aaron Elton From: Michael Gustavson <michaelgustavson@mac.com> Sent: Wednesday, May 25, 2022 1:59 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: City Ordinance Chapter 6.32,"Noise Levels," suggested modifications Dear Sirs/Madams, As a landlord in the City of Bremerton for over 40 years, I have encountered my share of obnoxious, noisy tenants that make life untenable for their neighbors. To make your revision of the “Noise Ordinance” more useful and effective, I recommend the following two changes: Paragraph 6.32.110(f), add “or within” between “….continuously from" and “any….,” so the sentence would read “continuously from or within any building…." Late night harassment of the tenant renting in the rental unit below is a current and often revisited problem. Your 50 foot away measurement would not solve the problem of adjacent units. Paragraph "6.32.120 Violations" infers only the City would have standing to sue under this ordinance, precluding the landlord. It would be helpful if paragraph (d) is added, such as: (d). "Landlord may apply and reference this ordinance in their leases and rental agreements.” The ”Noise Levels” ordinance could then be used when landlords issue 'Ten Day Notices to Comply or Vacate the Premises’” prior to proceeding to Superior Court. Just the issuance of notice often mitigates the noise problem. This change would allow the landlord to become the plaintiff and avoids the requirement for the City to act or intervene when presenting interior noise level complaints to a Superior Court judge. Cell phone noise level app recordings would likely satisfy the requirements of paragraph (f) of loud noises disturbing the peace of others. Respectfully submitted, Michael Gustavson michaelgustavson@mac.com From: Stephanie Olson <Stephanie.Olson@ci.bremerton.wa.us> Sent: Thursday, May 26, 2022 10:42 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Mychael Raya <Mychael.Raya@ci.bremerton.wa.us>; Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us> Subject: FW: Noise Ordinance - BMC 6.32 Good morning, I am forwarding the following comments received via email from Mr. Gustavson on to City Council per his request. Sincerely, Stephanie Olson Legal Assistant City Attorney’s Office (360) 473-2345 stephanie.olson@ci.bremerton.wa.us From: Michael Gustavson <michaelgustavson@mac.com> Sent: Thursday, May 26, 2022 10:07 AM To: Stephanie Olson <Stephanie.Olson@ci.bremerton.wa.us> Subject: Re: Noise Ordinance - BMC 6.32 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you, Stephanie. One item in last night’s study session I found of particular interest was admission the city has neither sound measuring equipment, training or staff should they acquire the equipment. Therefore, there dB measurements become irrelevant and should be stricken. What an easy defense to avoid prosecution or eviction. The 109 foot distance is arbitrary and inconsistent with other jurisdictions. The issues of commercial establishment generated noise and residential generated noise should be addressed separately, since the city appears to be interested in giving more flexibility to commercially generated noise. The ordinance still fails to address the issue of the obnoxious tenant, disturbing their neighbors. As a landlord, I need to be able to correct residential tend to abusive noise without being overturned by the “free lawyer,” to which my low income tenants are now entitled. Thank you for your kind assistance. Would you be kind enough to forward my concerns to the city council open forum now scheduled for June 1? Michael Gistavson From:City Council To:City Council Cc:Kylie Finnell Subject: Date: FW: Initiative Petition - Noise Ordinance (Bill Broughton) Tuesday, May 31, 2022 9:54:33 PM i Attn: Council Members (FYI) From: Kylie Finnell Kylie.Finnell@ci.bremerton.wa.us Sent: Tuesday, May 31, 2022 7:39 PM To: City Council City.Council@ci.bremerton.wa.us Subject: Fwd: initiative petition I received this comment from Bill Broughton. Mr. Broughton is my former law partner and counsel for Brother Don’s. Sent from my iPhone Begin forwarded message: From: Kylie Finnell <kylie@kitsaplawgroup.com> Date: May 31, 2022 at 7:33:03 PM PDT To: Kylie Finnell <Kylie.Finnell@ci.bremerton.wa.us> Subject: Fwd: initiative petition CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. From: Bill Broughton <bill@kitsaplawgroup.com> Sent: Tuesday, May 31, 2022 5:28:47 PM To: Kylie Finnell <kylie@kitsaplawgroup.com> Subject: initiative petition Greetings This petition received over 1000 signatures. I agree music could be unqualified to include electronic or DJ performances. Bill STATEMENT OF ACTION SOUGHT. Shall Section 6.32.110 of the Bremerton Municipal Code entitled “Public Disturbance Noises” as enacted by Bremerton Ordinance No. 4226 Section 9 (1989) and as amended by Ordinance No. 4780 (2001) and Ordinance No. 4851 Section 1 (2003), be amended to add the following new subsection: “The noise from performance of live music emanating from any non-residential zone or noise from a permitted or sanctioned live music concert or event shall not be a public disturbance noise as defined in this section and shall not be subject to the provisions of this chapter.” We petition the Council to enact said measure as an ordinance; and if not enacted within twenty (20) days from the time of receipt of the County Auditor’s certificate of sufficiency by the City Council, then to be submitted to the qualified electors of the City of Bremerton for approval or rejection at the next regular election or at a special election in accordance with the Bremerton City Charter; and each of us for himself or herself says: I have personally signed this petition; I am a registered voter of the City of Bremerton, State of Washington, and my residence address is correctly stated. Best regards, William H. Broughton 3212 NW Byron St. Suite 101 Silverdale, WA 98383 P: 360.692.4888 F:360.692.4987 Hello Council, I enjoyed all of the Council meeting last Wednesday, 6/1/22, it is always enlightening, however I tunned in for the Noise Ordnance discussion. Let me introduce myself, Bart Bruckman and partner of Gordon Rinke at Brother Dons. We understand the need for a Noise Ordinance and the Council has different categories to consider. Our concern is music in establishments. From our point of view, we agree on this commonsense idea. 1. A set time for music to stop. At Brother Dons we seldom go past 11pm, usually done by 10:30. From our point of view, this idea would not make any sense for Brother Dons. 1. If you can hear music at 100’, it’s too loud. The majority of complaints came from a house at 180’ Here are some improvements and procedures we have put in place at Brother Dons. 1. Reenforced and insulated the floor. 2. Installed decimal meter for bands to read to adjust amplifiers. Bands keep decimal meter in the 90s, and is monitored by ownership. When our bands play in the 90s, the decimal reading at 160’ is 50 decimals, the sound of a babbling brook. 3. Started music 2 hours earlier at 7pm, so we can end 10 to 10:30 We are proud to be named by West Sound 2022 #1 entertainment establishment (Clearwater was #2) Gordon was not on the Zoom last Wednesday, he was hosting the Olympic HS Choir and Jazz, the place was packed with students and family’s. We try to be good neighbors, promote the community, and run a successful restaurant. Thank you Bart Bruckman Cbruckmcl@aol.com 520 404 5352 BROTHER DONS GATHERING SINCE 1978 From: Shawn Cupples <cupples@gmail.com> Sent: Wednesday, June 8, 2022 5:16 AM To: Quinn Dennehy <Quinn.Dennehy@ci.bremerton.wa.us>; Michael Goodnow <Michael.Goodnow@ci.bremerton.wa.us> Subject: 6/8 Study session/noise ordinance. Hi Councilors Quinn and Michael, A couple notes from the upcoming study packet where I have some input/opinions. I didn't see the public comment period or any link to the petition from Broughton so sorry if this is way out of band (and I understand if I missed the window). Page 144 of the packet - " "Administrator" means the Chief of Police or the Director of the Department of Community Development, Mayor of the City of Bremerton, or his or her designee as applicable, or his or her designee." DCD is not keeping up and honestly that part of the city is being used as a City Manager and this department needs to be scoped down IMO. Given the issues/poor support I have seen personally from this department I don't want any more responsibility/authority going this direction until some of the issues here are corrected. (permitting issues, above my paygrade responses from code enforcement, made up rules and hostile behavior from planners, etc.). For context the day after we met to discuss issues with the maintenance/camping up in Charleston I got hit with code enforcement at home for grass height that was too tall but no more so than either of your homes at the time and similar to every house on the block. Page 145 of the packet - " (jn) "Property boundary" means the survey line at ground surface which separates real property owned, rented or leased by one or more other persons and its vertical extension. (ko) "Receiving property" means real property within which sound originating from sources outside the property is received" While I don't agree with the other commenters' conclusions that language needs to be specific to support a lease agreement. I do agree with his point that the property line definitions are very plot specific and should likely include a concept of dwelling units in common wall configurations/apartment units. Page 146 of the packet - "Exemptions. (1) The following shall be exempt from the provisions of subsections (a) and (bc) between the hours of 7:00 a.m. and 10:00 p.m.: i. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds and appurtenances." There is no equivalent for non residential zones. We should be allowing/encouraging businesses to pressure wash, paint, and keep trees pruned (esp with how extensive BMCs have gotten in these areas) all of which will likely break these sound levels outlined here. IMO we do not want to get to a point where we require permits to keep a clean/well kept business. Page 150 of the packet - "so as to be audible greater than one hundred (100) feet from the source" This was brought up in the last meeting I attended where this came up. Audible is a subjective test. This needs to be purely objective as every person can hear different things. For example somebody with tinnitus will have a different experience than somebody without. I get that it's hard to isolate sounds in the background but the test here is easy, stop the sound, measure the background and then turn it back on if there is less than 1 db difference than it meh.(1db is the minimum audio level difference a human can perceive on a log scale). Page 150 of packet - (1) Sounds created by warning devices not operating continuously for more than five (5) minutes. Backup beepers and lift raise alarms are typically pulse not continuous. While I understand the intent here, having a truck in backup for 2 hours beeping away is not reasonable. This should be limited like other provisions to a time window (I.E. per hour) or will have "minimum required" language IMO. Page 151 of packet - (3) Sounds created by emergency equipment and work necessary in the interests of law enforcement or for the health, safety or welfare of the community Leaving emergency service vehicles totally unbound is a concern given advancements in "audio tunneling" in the past few years there should be a reasonable lot line/sidewalk line limit here. This may not be the section to address this topic but living 2 blocks from the cop shop on Burwell... Noise ordinance public comments notes: Broughton's argument is a bit self-serving given the Brother Don's affiliation IMO. That said, I feel "audible" is an unreasonable and subjective standard. Tacoma put the burden of proof on the complanee and the costs for questionably-calibrated equipment here is miniscule; this seems like a reasonable option for music at a minimum. Personally I don't agree that this was a fight the city should have picked with any venue who is legitimately trying to be a good neighbor. Bremerton has a huge number of local artists that go down to Tacoma or over to Seattle to perform because there is little to no scene here. When I was working with Radio Tacoma they stated the majority of their artist interviews were coming from Bremerton/Kitsap. Adding hurdles to Bremerton will only further push this artistic community to seek out town options vs cultivate a culture here and make Bremerton a destination vs a bedroom/day job community for the shipyard. This is an opportunity to foster growth here and IMO the city should look to the future and where we want to be in setting this vision vs reacting to nuisance complaints and long standing venues legal challenges (but I don't have all the specifics on this situation, but that's my perspective from the outside). --sc From: Chuck Capps <chuck@advantagenissan.com> Sent: Wednesday, June 8, 2022 4:01 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Noise Ordinance Hello Council, I understand you guys are proposing a new noise ordinance. The burden needs to be placed on the business. Seattle is a staple for live music venues and even they put the burden of noise on the business, not peoples homes. I am for stricter noise ordinance than what was lost in court. As a business owner myself, and one of the highest tax contributors to our city as an Auto Dealer, it would be my burden if my mechanics are running rattle guns in the shop at 11pm-12am disrupting my neighbors and getting complaints. Noise is noise. There are countless other cities that recognize the constitution supports people in their homes, NOT businesses. I am not going to tell anyone how to run their business. However, if your business model is to blow your ear drums out I’m good with it! I just don’t want to hear it in my home. For example, music went well after 11pm last night 6-7-2022 and both my kids had to leave their bedrooms on a school night because of the excessive noise coming from Brother Dons. How would you think this is ok? Please come together to find some common ground, and something that works. Thank you for your consideration in advance. Chuck Capps Advantage Nissan/ Advantage Used Car & Truck Center chuck@advantagenissan.com 360-373-6300 www.advantagenissan.com www.washingtonusedcardealer.com "There are no traffic jams going the extra mile" CITY OF TACOMA Tacoma Municipal Code City Clerk’s Office 8-211 (Revised 11/2011) Chapter 8.122 NOISE ENFORCEMENT Sections: 8.122.010 General definitions. 8.122.020 General powers of the Director. 8.122.030 Testing by order of the Director. 8.122.040 Inspection. 8.122.050 Procedures for the determination of sound levels. 8.122.060 Nuisance regulations not prohibited. 8.122.070 Exemptions. 8.122.080 General prohibitions. 8.122.090 Construction. 8.122.100 Commercial music. 8.122.110 Variances. 8.122.120 Noise control plan. 8.122.130 Penalty for violation. 8.122.140 Notice of Violation and civil penalty. 8.122.150 Hearing by the Hearing Officer. 8.122.010 General definitions. As used in this Chapter, the following terms shall have the meanings set forth in this Section, unless a different meaning is clearly indicated by the context in which the term is used: A. “Activity” means any act or combination of acts, which actually results in the production of sound. B. “Ambient” sound means the sound level at a given location that exists as a result of the combined contribution in that location of all sound sources, excluding the contribution of a source or sources under investigation for violation of this code and excluding the contribution of extraneous sound sources. For purposes of the enforcement of this code, the ambient sound level of a given location may be determined based upon measurements taken at a comparable site (which includes but is not limited to comparable physical locations and time of day) in the nearby area. C. "ANSI" means the American National Standards Institute, which serves as the administrator and coordinator of the United States private sector voluntary standardization system. D. “Apparatus” means any mechanism that prevents, controls, detects, measures or records the production of sound. E. “Building” means a structure as defined in Section 2.01.050 of the Tacoma Municipal Code. F. “Charter” means the charter of the city of Tacoma including all of its amendments. G. “Construction” or “construction work” means any or all activity necessary or incidental to the erection, demolition, assembling, altering, installing, or equipping of buildings, public or private highways, roads, premises, parks or utility lines, including land clearing, grading, excavating, and filling. H. “Construction device” means any device designed and intended for use in construction including, but not limited to any air compressor, pile driver, sledgehammer, bulldozer, pneumatic hammer, steam shovel, derrick, crane, steam or electric hoist, construction vehicle, or pneumatic or electric tool. I. "dB (A)" means the sound level as measured with a sound level meter using the "A" weighting network. This frequency- weighting network for the measurement of sound levels shall comply with standards established by the American National Standards Institute specifications for sound level meters S1.4-1971, as amended or S1.4-1983, as amended. J. "dB(C)" level means the sound level as measured with a sound level meter using the "C" weighting network. This frequency-weighting network for the measurement of sound levels shall comply with standards established by the American National Standards Institute specifications for sound level meters S1.4-1971, as amended or S1.4-1983, as amended. K. “Decibel” means the practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure to the pressure of a reference sound (20 micropascals); abbreviated "dB." L. Device means any mechanism that is intended to or that actually produces sound when operated or handled. M. “Department” means the Department of Public Works. Tacoma Municipal Code (Revised 11/2011) 8-212 City Clerk’s Office N. “Director” means Director of Public Works or his or her authorized representative. O. “Dwelling” means any building lawfully occupied in whole or in part as the temporary or permanent residence of one or more natural persons. P. “Emergency” means a public calamity or an exposure of any person or property to imminent danger. Q. “Emergency energy release device” means a device used specifically to release excess energy on a nonscheduled basis as necessary for purposes of safety, and not as a part of routine process control. R. “Emergency signal device” means any gong, siren, whistle, air horn or any similar device used on authorized emergency vehicles. S. “Extraneous sound” means a sound that is relatively intense, intermittent, and of short duration and is neither part of the ambient sound, nor comes from the sound source under investigation. These sources of sound are noted but excluded from all measurements. T. “Frequency” means the time rate of repetition of sound waves in cycles per second, reported as Hertz (Hz). "Frequency" is sometimes colloquially referred to as "pitch." Low frequency sounds can correspond to the bass notes in music. Low frequency sound waves travel farther and penetrate structures more efficiently than high frequency sound waves. U. “Impulsive sound” is sound that is of short duration where each peak of sound lasts one second or less. The sound is characterized by abrupt onset and rapid decay. As used in this code, the term impulsive sound shall not include music. V. “Lmax” means the maximum measured sound level at any instant in time. W. “Motor vehicle” means any vehicle that is self-propelled, used primarily for transporting persons or property upon public highways. Vehicles not actively in use for transportation on public highways are not motor vehicles as that term is used herein. X. “Owner” means and includes the owner of the freehold of the premises or lesser estate therein, or mortgagee thereof, a lessee or agent of any of the above persons, a lessee of a device or his or her agent, a tenant, operator, or any other person who has regular control of a device or an apparatus. Y. “Person” means any individual, partnership, company, corporation, association, firm, organization, governmental agency, administration, or department, or any other group of individuals, or any officer or employee thereof. Z. “Plainly audible sound” means any sound for which any of the content of that sound, such as, but not limited to, comprehensible musical rhythms, is communicated to a person using his or her unaided hearing faculties. For the purposes of the enforcement of this code, the detection of any component of sound, including, but not limited to, the rhythmic bass by a person using his or her unaided hearing faculties is sufficient to verify plainly audible sound. It is not necessary for such person to determine the title, specific words or artist of music, or the content of any speech. AA. “Public right-of-way” means a public highway, road, street, avenue, alley, driveway, path, sidewalk, roadway, or any other public place or public way. BB. “Receiving property” means real property, including, but not limited to, buildings, grounds, offices and dwelling units from which sound levels from sound sources outside such property may be measured. Individual offices or dwelling units within a building may constitute a receiving property. CC. “Sound” means an oscillation in pressure, stress, particle displacement, particle velocity, etc., in a medium with internal forces (e.g., elastic, viscous) or the superposition of such propagated oscillation that evokes an auditory sensation. DD. “Sound level meter” means any instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specified manner and that complies with standards established by the American National Standards Institute specifications for sound level meters S1.4-1971, as amended or S1.4- 1983, as amended. EE. “Sound level” (decibels) means an expression of the acoustic pressure calculated as 20 times the logarithm to the base 10 of the ratio of the root mean square of the pressure of the sound to the reference pressure, 20 micropascals. FF. “Sound reproduction device” means a device intended primarily for the production or reproduction of sound, including but not limited to any musical instrument, radio receiver, television receiver, tape recorder, phonograph or electronic sound amplifying system. GG. “Sound signal” means any sound produced by a sound signal device designed to transmit information. HH. “Sound signal device” means a device designed to produce a sound signal when operated, including but not limited to any claxon, air horn, whistle, bell, gong, siren, but not an emergency signal device. Tacoma Municipal Code City Clerk’s Office 8-213 (Revised 11/2011) II. “Sound source” means any activity or device that emits sound. JJ. “Total sound level” means that measured sound level that represents the combined sound level of the source or sources under investigation and the ambient sound level. Total sound level measurements shall exclude extraneous sound sources. KK. “Unreasonable noise” means any excessive or unusually loud sound that disturbs the peace, comfort, or repose of a reasonable person of normal sensibilities, injures or endangers the health or safety of a reasonable person of normal sensibilities, or that causes injury or damage to property or business. LL. “Weekday” means any day that is not a federal holiday and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m. MM. “Weekend” means beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m. (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.020 General powers of the Director. A. Subject to the provisions of this code, the Director may take such action as may be necessary to abate a sound source that causes or may cause, by itself or in combination with any other sound source or sources, an unreasonable or prohibited noise. The Director may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this code. B. The Director shall promulgate such rules as are necessary to effectuate the purposes of this code, including, without limitation, rules setting forth specifications for the operation, installation, best available technology, or manufacture of sound generating equipment or devices, or sound mitigation equipment or devices. C. The Director shall promulgate such rules as are necessary with regard to standards and procedures to be followed in the measurement of sound pressure levels governed by the provisions of this code. D. The police department, as well as other agencies of the city designated by the Director, shall have the authority to enforce the provisions of this code and police officers and designated employees of the department and of such other city agencies shall have the power to issue notices of violation for violations of this code. (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.030 Testing by order of the Director. A. If the Director has reasonable cause to believe that any device is in violation of this code, the Director may order the owner of the device to conduct such tests as are necessary in the opinion of the Director to determine whether the device or its operation is in violation of this code and to submit the test results to the Director within ten days after the tests are completed. B. Such tests shall be conducted in a manner approved by the Director. If any part of the test is conducted at a place other than the site where the device is located, that part of the test shall be certified by a laboratory acceptable to the Director. The Director may require that the entire test results shall be reviewed and certified by (i) a professional engineer with acoustical experience as specified in the rules of the department or (ii) a noise consultant with qualifications of education and/or acoustical experience as set forth in the rules of the department. C. If in the opinion of the Director, tests by the department are necessary, the Director may order the owner to provide such access to the device as the Director may reasonably request, to provide a power source suitable to the points of testing, and to provide allied facilities, exclusive of sound level meter. These provisions shall be made at the expense of the owner of the device. The owner shall be furnished with copies of the analytical results of the data collected. (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.040 Inspection. A. The department may inspect at any reasonable time and in a reasonable manner any device that creates or may create unreasonable or prohibited noise including but not limited to the premises where the device is used. B. The department may inspect at any reasonable time and in a reasonable manner any record relating to a use of a device that creates or may create unreasonable or prohibited noise. (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.050 Procedures for the determination of sound levels. Unless otherwise specifically provided, sound levels shall be determined as follows: A. The sound level shall be measured with a sound level meter. The sound level meter and calibrator must be recertified annually at a laboratory approved by the Director. A field check of meter calibration and batteries must be conducted before and after every set of measurements, and at least every hour as necessary. Tacoma Municipal Code (Revised 11/2011) 8-214 City Clerk’s Office B. Total and ambient sound levels shall be taken in accordance with procedures approved by the Director. Calculation of source sound levels shall conform to accepted practice. C. The ambient sound level shall be taken in the A-weighting network and the C-weighting network, as appropriate, with the sound level meter set to slow response. D. Impulsive sound levels shall be measured in the A-weighting network with the sound level meter set to fast response, and shall be measured from any point within the receiving property. The requirement for A-weighted measurements shall not apply to impulsive sounds arising from amplified sound sources, when measured indoors. E. all sound level measurements under this code shall be taken in LMax. F. Measurements shall be taken in three 30-second intervals within a 30-minute period. G. dB(A) will be measured from any point within the receiving property. H. dB(C) will be measured from any point inside a building on the receiving property. (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.060 Nuisance regulations not prohibited. Nothing in this chapter or the exemptions provided herein shall be construed as preventing the regulation of noise from any source as a nuisance. Ordinances or rules regulating noise on such a basis shall not be deemed inconsistent with this chapter. (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.070 Exemptions. The operational performance standards established in this subchapter shall not apply to any of the following noise sources: A. Sounds originating from residential property relating to temporary projects for the maintenance or repair of homes, grounds, and appurtenances between the hours of 7:00 a.m. and 9:00 p.m. on weekdays, or between the hours of 9:00 a.m. and 9:00 p.m. on weekends and federal holidays; B. Agricultural activities; C. Unamplified bells, chimes, or carillons while being used in conjunction with ongoing religious activities; D. Emergency energy release and signal devices; E. Emergency work conducted at the site of the emergency; F. National Warning System (“NAWAS”): systems used to warn the community of an attack or imminent public danger, such as flooding, explosion, or hurricane; G. Noise of aircraft operations; H. Sounds originating from officially sanctioned parades and other public events when properly permitted under Chapter 11.15 TMC; I. Sounds created by animals, which sounds shall be regulated under the provisions of Chapter 17 TMC. J. Sounds created by motor vehicles, which sounds shall be regulated under the provisions of Chapter 8.12 TMC. K. Sounds created by motor boats competing in a regatta or in a boat race, whether on trial runs or on official trial for speed records, authorized by the City under Chapter 9.35 TMC. L. Sounds generated by a shooting range operated by a law enforcement agency. M. Sounds generated by trains. N. Events at City facilities, including but not limited to the Greater Tacoma Convention and Trade Center, the Tacoma Dome, the Broadway Center for the Performing Arts, and Cheney Stadium, provided that general or event-specific noise limits shall be set forth in license agreements established for such facilities. O. Emergency sirens at either a fixed location or on an emergency vehicle, responding to an emergency. (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.080 General prohibitions. A. No person shall make, continue, or cause or permit to be made or continued any sound attributable to any device that , increases the total sound level by the limits in Table 1 when measured at or within a receiving property: Tacoma Municipal Code City Clerk’s Office 8-215 (Revised 11/2011) Table 1. Maximum permissible source sound level in excess of increase in total sound level above the ambient sound level: Outdoors Indoors 7:00 a.m. to 10:00 p.m. 10 dBA 6 dBC 10:00 p.m. to 7:00 a.m. 5 dBA 3 dBC B. No person shall make, continue, or cause or permit to be made or continued any impulsive sound, attributable to the source, that increases the total sound level by 15 dB(A) or more above the ambient sound level, when there are less than ten impulses per hour between the hours of 7:00 a.m. and 10:00 p.m., less than four impulses within one hour between the hours of 10:00 p.m. and 7:00 a.m. If the number of impulses exceeds that set forth in this subsection, the sound level limits in Table 1 of subsection A shall apply. C. Notwithstanding the provisions of subsection A of this section, where a particular sound source or device is subject to decibel level limits and requirements specifically prescribed for such source, device or activity elsewhere in this code, the decibel level limits set forth in this section shall not apply to such sound source, device, or activity. D. This section shall not apply to Construction Activities conducted between the hours of 7:00 a.m. and 9:00 p.m., during the week, and 9:00 a.m. and 9:00 p.m. on the weekend. (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.090 Construction. A. All construction devices used in construction and demolition activity shall be operated with a muffler if a muffler is commonly available for such constructing device. B. Construction and demolition activity, excluding emergency work, shall not be performed between the hours of 9:00 p.m. and 7:00 a.m. on weekdays or between the hours of 9:00 p.m. and 9:00 a.m. on weekends and federal holidays, except as otherwise provided in this code. C. After hours work on weekdays and weekends shall be allowed, provided that no sound created by the work exceeds the limits in 8.122.080(a). (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.100 Commercial music. A. No person shall make or cause or permit to be made or caused any music originating from or in connection with the operation of any commercial establishment or enterprise when the level of sound attributable to such music, as measured inside any receiving property dwelling unit: 1. causes a 6 dB(A) or more increase in the total sound level above the ambient sound level as measured in decibels in the "A" weighting network; or 2. causes a 6 dB(C) or more increase in the total sound level above the ambient sound level as measured in decibels in the "C" weighting network. B. No person shall make or cause or permit to be made or caused any music originating from or in connection with the operation of any commercial establishment or enterprise when the level of sound attributable to such music is plainly audible from a distance of at least one hundred feet in any direction from the property line of the commercial establishment. (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.110 Variances. A. Any person who owns or operates a sound source may apply for a variance from the Director: B. Applications for a permit of variance shall supply information including, but not limited to: 1. The nature and location of the noise source for which such application is made; 2. The reason for which the permit of variance is requested, including the hardship that will result to the applicant, his/her client, or the public if the permit of variance is not granted; 3. The nature and intensity of noise that will occur during the period of the variance, and; 4. A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom; 5. The name, address and means of contacting a responsible party during the hours of operation for which the permit of variance is issued. Tacoma Municipal Code (Revised 11/2011) 8-216 City Clerk’s Office C. The Director may charge the applicant a fee to cover expenses resulting from the processing of the permit of variance application. D. In making the determination on granting a variance, the Director shall consider: 1. The character and degree of injury to, or interference with, the health and welfare of the reasonable use of property which is caused or threatened to be caused by the sound to result from the permit of variance. 2. The social and economic value of the activity for which the variance is sought. 3. The ability of the applicant to apply best practical noise control measures. 4. Physical conditions that create a significant financial hardship in complying with the provisions of this chapter. E. The permit of variance shall enumerate the conditions of the variance including: 1. Specific dates and times for which the variance is valid; 2. Sound level limits which may not be exceeded at the nearest affected residential property. F. The permit of variance may be revoked by the Director if the terms of the variance are violated. G. A variance may be revoked by the Director, and the issuance of future variances withheld, if there is: 1. Violation of one or more conditions of the variance; 2. Material misrepresentation of fact in the variance application; or, 3. Material change in any of the circumstances relied upon by the Director in granting the variance. (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.120 Noise control plan. A. Any person who receives a Notice of Violation under this chapter shall be required to submit a noise control plan. B. The noise control plan shall include but not necessarily be limited to: 1. The nature and location of the noise source to be controlled; 2. The nature and intensity of noise that will be controlled under the plan; 3. Sound level limits which may not be exceeded at the nearest affected residential property; 4. A description of noise control measures to be taken to insure compliance with this code; 5. Information on the ability of the applicant to apply best practical noise control measures; and 6. The name, address and means of contacting a responsible party for the noise control plan. (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.130 Penalty for violation. A. Every person who violates any provision of this chapter has committed a civil violation and shall be subject to the provisions herein. The owners, agents, contract buyers, tenants, or lessees of all residential dwellings, commercial establishments, and/or real estate upon which a violation of this article is found shall be jointly and severally responsible for compliance with this article and jointly and severally liable for any damages or costs incurred and awarded under this article. B. The penalties set forth in this Chapter are not exclusive. The City may avail itself of any other remedies provided by law. (Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.140 Notice of Violation and civil penalty. A. Any person who violates any of the provisions of this chapter may, upon a determination that a violation has been committed, be assessed monetary penalties. B. The Notice of Violation will be either: 1. Prepared and sent by first class mail to the Owner of the Property. Notice may also be sent to the person in control of the property, if different; or 2. Personally served upon the Owner of the property. Notice may also be personally served on the person in control of the property, if different; or Tacoma Municipal Code City Clerk’s Office 8-217 (Revised 11/2011) 3. Posted on the Property in a prominent location on the premises in a conspicuous manner that is reasonably likely to be discovered. C. The Notice of Violation shall contain the following: 1. The address of the site and specific details of the condition that is to be corrected; 2. The citation penalties that may be imposed in the event that the condition is not corrected within 18 days. 3. If required, the specified timeframe to submit an approved noise control plan. 4. The appropriate department and/or division investigating the case and the contact person. D. At the end of the specified timeframe, the site will be reinspected to see if the condition has been corrected. If the condition has been corrected or an acceptable noise control plan submitted, the case will be closed. If the condition has not been corrected or an acceptable noise control plan has not been submitted, a civil penalty may be assessed. 1. Each civil penalty shall be $250. 2. At such time that two civil penalties have been assessed within a one-year period, any City-issued permits and/or licenses for the site or site activity may be suspended, in accordance with the procedures appropriate for each permit or license, until such time that an approved noise control plan has been submitted and deemed operational by the Director; 3. Civil penalties will continue to accumulate until the condition is corrected. At such time that the assessed penalty exceeds $1,000, a Certificate of Complaint may be filed with the Pierce County Auditor to be attached to the title of the property. A copy of the Certificate of Complaint shall be sent to the Property Owner and parties of interest, if different from the Owner. E. Each day that a property or person is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter. F. The Director is authorized to waive monetary penalties upon the Director’s finding that the person to whom a Notice of Violation has been issued has either come into compliance or has taken all practicable steps toward coming into compliance. (Ord. 27939 Ex. A; passed Nov. 2, 2010: Ord. 27673 Ex. A; passed Feb. 19, 2008) 8.122.150 Hearing by the Hearing Officer. A. A person to whom a Notice of Violation or civil penalty is issued may request a hearing by filing the request with the City Clerk no later than ten (10) calendar days after said Notice of Violation or civil penalty is issued. B. If a hearing is requested, the Hearing Officer, or his or her designee, will conduct the hearing required by this chapter no more than 18 calendar days after the Director issues the Notice of Hearing. C. If a request for a hearing is received, the Director shall mail a notice giving the time, location, and date of the hearing, by first class mail to person or persons to whom the Notice of Violation or civil penalty was directed. D. The Hearing Officer, or his or her designee, shall conduct a hearing on the Notice of Violation or civil penalty. The Director, as well as the person to whom the Notice of Violation or civil penalty was directed, may participate as parties in the hearing, and each party may call witnesses. The City shall have the burden of proof to establish, by a preponderance of the evidence, that a violation has occurred and that the required corrective action is reasonable. E. The Hearing Officer shall determine whether the City has established, by a preponderance of the evidence, that a violation has occurred and that the required corrective action is reasonable and shall affirm, modify, or vacate the Director’s decisions regarding the alleged violation, civil penalty, and/or the required corrective action, with or without written conditions. F. The Hearing Officer shall issue a final Order that contains the following information: 1. The decision regarding the alleged violation including findings of facts and conclusion based thereon; 2. The required corrective action, if any; 3. The date and time by which the correction must be completed; 4. A statement of any appeal remedies; 5. A notice that a lien may be assessed against the property if the civil penalties are not paid in accordance with the provisions of this chapter. G. If the person to whom the Notice of Violation or civil penalty was directed fails to appear at the scheduled hearing, the Hearing Officer will enter an Order finding that the violation has occurred. H. The Order shall be served on the person in the same manner as a Notice of Violation as provided for in section 8.122.140B. Tacoma Municipal Code (Revised 11/2011) 8-218 City Clerk’s Office I. A final Order of the Hearing Officer may be appealed to a court of competent jurisdiction no more than 21 calendar days of its issuance. (Ord. 27939 Ex. A; passed Nov. 2, 2010: Ord. 27673 Ex. A; passed Feb. 19, 2008) Form Created 5/4/15 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Presentation regarding the Race Equity Advisory Committee Study Session Date: June 8, 2022 Presenter: Quinn Dennehy Phone: (360) 473-5280 SUMMARY: An Update will be provided on behalf of the Race Equity Advisory Committee, including highlights and feedback from the March 8 Community Conversation Meeting. HANDOUTS: Power Point Presentation STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation B1 Form Created 5/4/15 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Presentation regarding Discharge of Personal Fireworks Study Session Date: June 8, 2022 Presenter: Kylie Finnell Phone: (360) 473-2345 SUMMARY: Fourth of July is approaching. Changes to City code regulating fireworks do not take effect for one year. The information below is being provided by the City Attorney’s office for Council consideration as to whether any changes to existing regulations need to be made. City administration is not proposing any changes. ATTACHMENTS: 1) MRSC Article; 2) City of Bainbridge Island Code; 3) City of Bremerton Code; 4) City of Port Orchard Code; 5) City of Poulsbo Code; 6) Kitsap County Code STUDY SESSION AGENDA: ☐ No Presentation ☒ Limited Presentation B2 April 14, 2022 by MR SC Insight Category: Licensing and Regulation For Loca l Fir ewo r k s Regula tio ns, T iming i s Ever y thi ng Now that the snow showers and heavy rainstorms are (hopefully) behind us, it's time to start thinking about May flowers and spring gardens, but it is also time to start thinking about next year’s fireworks season. Why would that be? If your community wants to restrict or ban the sale or use of consumer fireworks, now is the time for its leg islative body to start considering an ordinance on fireworks, as such an ordinance must be adopted by June 28 of this year to be effective next year. This blog looks at why a jurisdiction may want to institute local fireworks regulation — or ban firewo rks altogether — and why such action needs to be taken in advance. B ack grou nd R CW 70.77.395 sets the dates and times statewide during which fireworks may be sold as well as used, which is not always concurrent: They may be sold and used between June 28 and July 5. They may be sold between December 27 and December 31. They may be used between December 31 and January 1. State law al so establishes specific hours that firewo rks may be sold and/or used for each of those days. A local jurisdiction may ado pt leg islation that is more restrictive than state law, such as only allowing the use of fireworks on July 4 or even banning the sale and use of firewo rks co mpletely, but not leg islation that is less restrictive than state law. (Fireworks bans typically include exceptions for permitted public fireworks shows.) R CW 70.77.250(4) requires that any locally adopted leg islation more restrictive than the state's must have an effective date at least one year after its adoption. Thus, if a city, town, or county wishes to restrict the sale or use of fireworks in 2023, it must take leg isl ative action no later than June 28, 2022. W hy Restr i ct Fi r ewor k s? Local governments cite a number of concerns when considering whether to restrict or ban consumer fireworks, incl uding the noise, smells, or trash generated by use of them; the potential for damag e to personal o r public pro perty; the potential for injuries and/o r death; and, of course, the potential dang er of fire. When temperatures are hot and vegetation is dry, the improper use of fireworks can pose a threat to surrounding pro perty. According to the Natio nal Fire Protection Association, firewo rks caused an estimated 19,500 reported fires in the United States in 2018, resulting in “5 deaths, 46 civilian injuries and $105 million in direct property damage.” The 2017 Eagle Creek Fire, which burned 500,000 acres over a three-month period in the Columbia River Gorge (with destruction happening in both Oregon and Washington) is one such example of a destructive event started by fireworks. Personal safety is another co ncern. Each year the U.S. Consumer Products Safety Commission puts out a report on fireworks-related deaths and injuries. The 2020 Fireworks Annual Report estimates that 66% of fireworks-rel ated injuries treated in U.S. hospital emerg ency departments in 2020 were do ne so “during the 1-mo nth…period between June 21… and July 21.” But there are also reasons why people oppose fireworks restrictions and bans. Fireworks are celebratory and traditional and help bring families and communities to gether. Also , the sale of fireworks can be a sig nificant source of revenue for many nonprofit organizations, a source that cannot be easily replaced. Some people believe that bans are ineffective: Even if a local jurisdiction bans fireworks completely, consumers may be able to buy fireworks in other nearby jurisdictio ns that have less restrictive laws or o n tribal l ands that are not subject to state fireworks laws. Further, enforcement of bans may be difficult since the actual use of fireworks may occur outside the immediate view of police officers, and of course, enfo rcement of firework bans o r regulations interferes with the ability of police and fire officials to enforce other laws. Whether or not to impose local fireworks restrictio ns is not an easy decision for a local government to make. Are Emer gency B ans Possi bl e? Although certain summers are hotter, drier, and more prone to wildfire than others, it is not clear whether local governments have the authority to impose an immediate fireworks ban without the one-year waiting period, no matter how dang erous the conditions are. Some local governments have adopted ordinances (effective after the statutory one-year waiting period) that authorize specific officials, such as the mayor, county executive, sheriff, o r fire marshal, to immediately pro hibit fireworks during emergency conditions such as high fire danger. In addition, it can be argued that RCW 70.77.250(4) does not impact the ability of local governments to adopt emerg ency restrictions or bans in response to extreme heat, drought, or other circumstances that would make the discharge of fireworks unreasonably dangerous. There is no clear law either way on this questio n, so local g overnments will need to evaluate the possible legal risks of enacting an emergency measure that restricts or bans the discharge of fireworks. Follow us: © 2022 Municipal Research and Services Center of Washington (MRSC). All rights reserved. Privacy & Terms. Abo ut MR SC I nsi ght MRSC Insight reflects the best writing of MRSC staff on timeless topics that impact staff and elected officials in Washingto n cities, co unties, and special purpose districts. VIEW ALL POSTS BY MRSC INSIGHT W hat Does the Pu bl i c T hi nk ? Given the various pro and co n arguments, does the public suppo rt fireworks bans? The answer may vary in different pl aces and contexts. Acco rding to our Local Ballot Measure Database, over the past decade at least 16 jurisdictions have asked their voters to weigh in throug h advisory votes. About three-quarters of the time voters supported the pro posed fireworks restrictions or bans, although it’s worth noting that some of the ballot measures were very close, al l of them occurred in Western Washington, and most of them occurred in the Puget Sound reg ion. The calculations and answers may be different elsewhere. For Exampl es and Mor e Infor mati on Several local governments have recently looked at adopting bans or making changes to existing regulations incl uding Benton County, Port Orchard, Airway Heights, Jefferson Co unty, and East Wenatchee. Our Fireworks Regulation in Washington State topic page provides an overview of fireworks laws, including info rmation on permitting and licensing, dates and times fireworks may be sold or discharged, and examples of local ordinances and advisory votes. Additionally, if you have any specific questions regarding fireworks regulation, you can Ask MRSC. MRSC is a private nonprofit organization serving local governments in Washington State. Eligible government agencies in Washington State may use our free, one-on-one Ask MRSC service to get answers to legal, policy, or financial questions. CITY OF BAINBRIDGE ISLAND 5/27/2022 Chapter 8.28 FIREWORKS https://www.codepublishing.com/WA/BainbridgeIsland/#!/BainbridgeIsland08/BainbridgeIsland0828.html 1/3 Chapter 8.28 FIREWORKS Sections: 8.28.010 Definitions. 8.28.020 Consumer fireworks. 8.28.040 Display fireworks. 8.28.060 Special effects for entertainment media. 8.28.070 Acts not prohibited – Signal purposes, forest protection, etc. 8.28.100 Prohibition due to extreme fire danger. 8.28.110 Applicability. 8.28.120 Chapter in connection with state law. 8.28.130 Enforcement. 8.28.140 Penalty for violations. 8.28.010 Definitions. A.“Fireworks” means any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of “articles pyrotechnic” as set forth in RCW 70.77.138, or “consumer fireworks” or “display fireworks.” B.“Public display” means an entertainment feature where the public is invited, admitted, or permitted to view the display or discharge of display fireworks. C.“Private display” means an entertainment feature where the public is not invited, admitted, or permitted to view the display or discharge of display fireworks. D.“Special effects,” pursuant to RCW 70.77.146, means any combination of chemical elements or chemical compounds capable of burning independently the oxygen in the atmosphere, and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical or opera production, or live entertainment. E.“Trick or novelty devices” shall have the same meaning as provided in WAC 212-17-025. F.“Display fireworks” shall have the same meaning as provided in RCW 70.77.131. G.“Extreme fire danger” means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be expected and fire growth will be accelerated. H.“Fire marshal” means the fire marshal of the Bainbridge Island fire department, or his or her designee. I.“Consumer fireworks” shall have the same meaning as provided in RCW 70.77.136, and the term shall include the devices outlined as examples of consumer fireworks in WAC 212-17-025. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.020 Consumer fireworks. The transfer, sale, possession, use, or discharge of consumer fireworks is prohibited within the city. (Ord. 2019-21 § 1 (Exh. A), 2019) 5/27/2022 Chapter 8.28 FIREWORKS https://www.codepublishing.com/WA/BainbridgeIsland/#!/BainbridgeIsland08/BainbridgeIsland0828.html 2/3 8.28.040 Display fireworks. A. Except as allowed under this section, the transfer, sale, possession, use, or discharge of display fireworks is prohibited within the city. B. No person shall hold, conduct, or operate a public display or a private display of display fireworks in the city without having first obtained a valid permit issued by the fire marshal to do so. C. Applications for a permit to hold, conduct, or operate a public display or a private display of display fireworks shall be made to the fire marshal at least 10 days prior to the scheduled event. Applicants shall meet all qualifications and permit requirements of state law regarding public display of fireworks and all fire and safety requirements as set forth in the standards for public displays under Chapter 70.77 RCW, the fire code adopted in Chapter 20.04 BIMC, and all applicable National Fire Protection Association standards. If the application is approved, the applicant shall comply with all conditions listed in the permit issued by the fire marshal. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.060 Special effects for entertainment media. This chapter does not prohibit the assembling, compounding, use, and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio or television productions, theatricals, or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the fire marshal to purchase, possess, transport, or use such fireworks, and meets the requirements of BIMC 8.28.040. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.070 Acts not prohibited – Signal purposes, forest protection, etc. This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, motor or sail vessels, or other transportation agencies for signal purposes or illumination or for use in forest protection activities or those uses described in RCW 70.77.311. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.100 Prohibition due to extreme fire danger. During periods of extreme fire danger, the fire marshal may prohibit the discharge of all fireworks within the city, regardless of whether or not such discharge would otherwise be allowed under this chapter. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.110 Applicability. The provisions of this chapter shall be applicable to the sales and use of all fireworks except toy paper caps containing not more than twenty-five-hundredths grain of explosive compound for each cap, and trick or novelty devices that are not consumer or display fireworks. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.120 Chapter in connection with state law. This chapter is intended to augment Chapter 70.77 RCW and shall be construed in connection with that law and any and all rules or regulations issued pursuant thereto. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.130 Enforcement. Commissioned law enforcement officers of the Bainbridge Island police department are authorized to enforce all provisions of this chapter except those provisions where enforcement authority is explicitly provided to the fire marshal. (Ord. 2019-21 § 1 (Exh. A), 2019) 8.28.140 Penalty for violations. A. Except as provided in subsection B of this section, conduct made unlawful by this section shall be a civil infraction and is subject to a monetary penalty and a default amount of $500.00 plus statutory assessments. A civil infraction under this section shall be processed in the manner set forth in Chapter 7.80 RCW. 5/27/2022 Chapter 8.28 FIREWORKS https://www.codepublishing.com/WA/BainbridgeIsland/#!/BainbridgeIsland08/BainbridgeIsland0828.html 3/3 B. Any person who continues to be in violation of this section after receiving a notice of infraction pursuant to subsection A of this section, or who again violates this section within 12 months after receiving a notice of infraction pursuant to subsection A of this section, commits a misdemeanor and any person who is convicted thereof shall be punished by a fine not to exceed $1,000, or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment. C. In addition to the penalties provided in subsections A and B of this section, the fire marshal and commissioned law enforcement officers of the Bainbridge Island police department may seize and dispose of fireworks that are possessed, sold, purchased, offered for sale, or used in violation of this chapter according to the seizure and forfeiture procedures contained in RCW 70.77.435 and 70.77.440. (Ord. 2019-21 § 1 (Exh. A), 2019) Mobile Version CITY OF BREMERTON 5/27/2022 Chapter 9.48 FIREWORKS https://www.codepublishing.com/WA/Bremerton/#!/Bremerton09/Bremerton0948.html#9.48 1/4 Chapter 9.48 FIREWORKS Sections: 9.48.010 PERMIT - REQUIRED - FEE. 9.48.020 PERMIT - CONDITIONS FOR ISSUANCE. 9.48.030 STANDS - CONFORMANCE TO REGULATIONS REQUIRED. 9.48.040 HOURS AND DAYS OF SALE AND DISCHARGE. 9.48.050 STATE STATUTE APPLICABILITY. 9.48.060 RECKLESS DISCHARGE OR USE OF FIREWORKS. 9.48.070 PROHIBITION DUE TO EXTREME FIRE DANGER. 9.48.080 ENFORCEMENT. 9.48.090 PERMIT REVOCATION OR SUSPENSION - AUTHORITY. 9.48.100 PENALTY FOR VIOLATIONS. 9.48.010 PERMIT - REQUIRED - FEE. Application for all local fireworks permits including applications for a permit to conduct a public display of fireworks required by the state fireworks law, Chapter 70.77 RCW, shall be made to the Fire Marshal. The fees for such permits shall be as set forth in Chapter 3.01 BMC. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4368 §26, 1992; Ord. 3370 §1, 1977) 9.48.020 PERMIT - CONDITIONS FOR ISSUANCE. The Fire Chief or his or her designee is responsible for review of any application for a permit for the sale of fireworks or for a public display of fireworks. If the application meets the requirements of state law and this chapter, the Fire Chief or his or her designee is authorized to grant the application and issue a permit. (a) Sale of Fireworks. A permit for the sale of fireworks shall be issued only upon the following terms and conditions: (1) The applicant shall have a valid and subsisting license issued by the State Fire Marshal authorizing the holder thereof to engage in the retail sale of safe and sane fireworks only. (2) The applicant shall have and keep in full force and effect a policy of insurance approved by the City’s Risk Manager saving the City harmless for any acts or failures of the permittee, in accordance with Chapter 70.77 RCW. (3) The location of a proposed place of business shall comply with the zoning ordinances of the City. (4) The applicant shall provide a land lease agreement for the location of the proposed place of business signed by the land owner or his authorized representative. (5) The applicant shall provide a scale drawing of the location of the proposed place of business showing the relationship of the fireworks stand to streets and other buildings. 5/27/2022 Chapter 9.48 FIREWORKS https://www.codepublishing.com/WA/Bremerton/#!/Bremerton09/Bremerton0948.html#9.48 2/4 (6) The applicant shall submit the name, address and phone number of the person or persons responsible for the fireworks stand. (7) The applicant shall submit the address of all storage locations for stock that is kept on reserve and not on display for sale. (8) No permit applications shall be processed before the first day of May or accepted after the first day of June of the year of sale. (9) The applicant shall post a fifty dollar ($50.00) cash bond conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site. If the permittee removes such temporary stand and cleans up all of the debris before the tenth day of July of the permit year, he shall be entitled to the return of the fifty dollars ($50.00). (b) Public Display of Fireworks. A permit for a public display of fireworks shall be issued only upon the terms and conditions as set forth Chapter 70.77 RCW. (1) It shall be unlawful for any person to hold, conduct or engage in a public display of fireworks within the City without having obtained a valid permit issued pursuant to the provisions of this chapter. (2) Permit applications for the public display shall be submitted in full a minimum of thirty (30) days prior to the scheduled display. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 3370 §2, 1977) 9.48.030 STANDS - CONFORMANCE TO REGULATIONS REQUIRED. (a) Only "common fireworks" authorized by Chapter 212-17 WAC, except toy caps, shall be sold only from temporary stands which conform to the written rules and regulations of the Fire Chief of the City. No device, product or effect similar to Chinese lanterns containing an open flame shall be sold, discharged or released at any time. (b) Each fireworks stand shall have an adult (eighteen (18) years of age or older) in attendance at all times. No person under the age of sixteen (16) years old shall be allowed inside the stand. (c) A sign stating "NO SALE OF FIREWORKS TO ANY PERSON UNDER THE AGE OF 16 YEARS OLD, PHOTO ID REQUIRED." (d) All permittees shall conform to the minimum standards and conditions set forth in the Rules and Regulations for Retail Fireworks Stands by the Fire Chief. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 3370 §3, 1977) 9.48.040 HOURS AND DAYS OF SALE AND DISCHARGE. (a) No person shall use or explode any fireworks within the City except from 11:00 a.m. to 11:00 p.m. on July 4th of any year or as part of a public display authorized pursuant to the laws of the State of Washington and this chapter. It shall not be legal to use or discharge fireworks at any other time, specifically including, without limitation, from 6:00 p.m. on December 31st of any year until 1:00 a.m. on January 1st of the subsequent year. Only "common fireworks" authorized by Chapter 212-17 WAC are to be discharged during the authorized time period. (b) Sales of fireworks shall be prohibited except from 12:00 noon to 11:00 p.m. on June 28th; and from 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 4th in any calendar year. Nothing in this provision shall make it illegal to have public displays of fireworks when approved by the Bremerton Fire Department in accordance with the Bremerton Municipal Code. (c) The possession of any class or kind of fireworks in violation of the provisions of this chapter is prohibited. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 5/27/2022 Chapter 9.48 FIREWORKS https://www.codepublishing.com/WA/Bremerton/#!/Bremerton09/Bremerton0948.html#9.48 3/4 4455 §1, 1994; Ord. 4420 §1, 1993; Ord. 4379 §1, 1992; Ord. 3370 §5, 1977. Formerly 9.48.050.) 9.48.050 STATE STATUTE APPLICABILITY. This chapter is intended to implement Chapter 70.77 RCW, and shall be construed in connection with said laws and all rules and regulations issued pursuant thereto. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 3370 §6, 1977. Formerly 9.48.060.) 9.48.060 RECKLESS DISCHARGE OR USE OF FIREWORKS. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006) 9.48.070 PROHIBITION DUE TO EXTREME FIRE DANGER. During periods of extreme fire danger, the Fire Chief may prohibit the discharge of all fireworks. For the purpose of this section, "extreme fire danger" means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be expected and fire growth will be accelerated. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4379 §2, 1992; Ord. 3370 §7, 1977) 9.48.080 ENFORCEMENT. The Police Chief, or designee, and the Fire Chief, or designee, are authorized to enforce all provisions of this chapter except those provisions where enforcement authority is explicitly provided to the Fire Chief. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Amended, 07/18/1999; Ord. 3370 §8, 1977) 9.48.090 PERMIT REVOCATION OR SUSPENSION - AUTHORITY. The Fire Chief or his or her designee may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has: (a) Violated any of the provisions of this chapter, or any of his servants, agents or employees have done so; (b) Made any false statement or misrepresentation of fact in connection with obtaining the permit; (c) Failed to obtain or has had any license required by the State of Washington to engage in any act prohibited by Chapter 70.77 RCW, or this chapter, to be done without a license, suspended or revoked; (d) Has had any insurance coverage required by this chapter canceled, revoked, or lapsed. (Ord. 5284 §1 (part), 2015: Ord. 5017 §1 (part), 2007: Ord. 4973 §1 (part), 2006: Ord. 4653, Added, 07/18/1999) 9.48.100 PENALTY FOR VIOLATIONS. (a) Violation. It shall be unlawful for any person to sell, use, transfer, discharge, ignite or otherwise cause to explode common fireworks, or to commit any other violation of the provisions of this chapter. (b) Civil Infraction. Except for subsection (d) of this section, any violation of subsection (a) of this section shall constitute a civil infraction punishable by a maximum penalty of two hundred fifty dollars ($250.00), not including statutory assessments. (c) Misdemeanor. A second or subsequent violation of subsection (a) of this section by any person within a twelve (12) month period shall constitute a misdemeanor punishable pursuant to BMC 1.12.020(2). (d) Gross Misdemeanor. Any person violating the provisions of BMC 9.48.060 shall be guilty of a gross misdemeanor punishable pursuant to BMC 1.12.020(1). (e) Seizure and Disposal of Fireworks. In addition to the penalties provided in this section, the Police Chief, or designee, and the Fire Chief, or designee, may seize and dispose of fireworks that are possessed, sold, purchased, 5/27/2022 Chapter 9.48 FIREWORKS https://www.codepublishing.com/WA/Bremerton/#!/Bremerton09/Bremerton0948.html#9.48 4/4 offered for sale, and/or used in violation of this chapter according to the seizure and forfeiture procedures contained in RCW 70.77.435 and 70.77.440. (Ord. 5284 §1 (part), 2015) Web Version CITY OF PORT ORCHARD 5/27/2022 Chapter 5.60 FIREWORKS https://www.codepublishing.com/WA/PortOrchard/#!/html/PortOrchard05/PortOrchard0560.html 1/5 Chapter 5.60 FIREWORKS Sections: 5.60.005 Definitions. 5.60.010 Permit and state license required – Fee. 5.60.015 Fireworks permits – Forms and deadlines. 5.60.020 Conditions for sales of fireworks and public display – Permit issuance. 5.60.030 Temporary stands. 5.60.040 Number of licenses and stands limited. 5.60.050 Exploding fireworks legal period designated. 5.60.055 Prohibition due to extreme fire danger. 5.60.060 Chapter supplementary to state law. 5.60.070 Violations – Penalty. 5.60.080 Enforcement. 5.60.005 Definitions. (1) “Fireworks” means any composition or device designed to produce a visible or an audible effect by combustion, deflagration, or detonation, and which meets the definition of “articles pyrotechnic” or “consumer fireworks” or “display fireworks” as set forth in Chapter 70.77 RCW. (2) “Consumer fireworks” means smaller fireworks designed primarily for use by consumers, as further defined by RCW 70.77.136 and WAC 212-17-025. (3) “Display fireworks” means larger fireworks designed primarily for display and classified as such by the U.S. Department of Transportation, as further defined by RCW 70.77.131 and WAC 212-17-025. (4) “Public display” means an entertainment feature where the public is or could be invited, admitted and/or permitted to view the display or discharge of display fireworks. 5/27/2022 Chapter 5.60 FIREWORKS https://www.codepublishing.com/WA/PortOrchard/#!/html/PortOrchard05/PortOrchard0560.html 2/5 (5) “Extreme fire danger” means a period of hot, dry weather accompanied by low fuel moistures. It is during this period that wildland fires can be expected, and fire growth will be accelerated. (6) “Fire authority” means the fire chief of the South Kitsap Fire and Rescue District or his/her designee for the purposes of this chapter. (7) “Retail sales” means any person who, at a fixed location or place of business, offers for sale, sells, or exchanges for consideration consumer fireworks to a consumer or user. (Ord. 066-21 § 4 (Exh. C); Ord. 013-16 § 2). 5.60.010 Permit and state license required – Fee. No person, firm or corporation shall import, manufacture, transport (except as a public carrier delivering to a licensee), possess, store, sell or offer to sell at retail or wholesale or discharge fireworks inside the city limits of the city of Port Orchard without first obtaining a permit from the city and a license from the state of Washington. The fee for obtaining a city permit shall be $100.00 per year payable in advance. (Ord. 066-21 § 4 (Exh. C); Ord. 038-08 § 2; Ord. 026-08 § 2; Ord. 1706 § 1, 1998). 5.60.015 Fireworks permits – Forms and deadlines. (1) Applications for permits required by this chapter shall be submitted to the city in such form and detail as prescribed by the city, in consultation with the fire authority. A separate application shall be required for each site and activity. Applications shall include, at a minimum: (a) The application fee; (b) Copy of appropriate state licenses; (c) A site or discharge plan; (d) The names, addresses and telephone numbers of the applicant(s) and responsible party(ies); and (e) When applicable, a description of the proposed activity detailing how it satisfies the conditions set forth under POMC 5.60.020. (2) Permit applications shall be received by the DCD permit center for review by the fire authority: (a) No later than 4:30 p.m. on the last official city work day in May for retail sales; 5/27/2022 Chapter 5.60 FIREWORKS https://www.codepublishing.com/WA/PortOrchard/#!/html/PortOrchard05/PortOrchard0560.html 3/5 (b) No later than 4:30 p.m. at least 40 business days prior to the date of an intended public display; and (c) Prior to commencing a permitted activity for all other uses. (3) Permits issued pursuant to this chapter are nontransferable. (Ord. 066-21 § 4 (Exh. C); Ord. 032- 17 § 2; Ord. 013-16 § 3; Ord. 038-08 § 3). 5.60.020 Conditions for sales of fireworks and public display – Permit issuance. A permit for the sale of fireworks or for public display shall be issued only upon the following terms and conditions: (1) The applicant shall have a valid and subsisting license issued by the state of Washington authorizing the holder thereof to engage in the fireworks business, a copy of which shall be filed with the DCD permit center. (2) For sales of fireworks, the applicant shall obtain a business license from the city. (3) The applicant shall have and keep in full force and effect a policy of insurance approved by the city attorney saving the city harmless for any acts of the licensee in the following amounts: $500,000 or more for injury to any one person in one accident or occurrence, $1,000,000 for injury to more than one person for any one accident or occurrence, $300,000 for injury to property in any one accident or occurrence. Proof of insurance coverage shall be included with the application for a permit and shall be filed with the DCD permit center. (4) For sales of fireworks, the location of the proposed place of business shall comply with the zoning ordinances of the city. (5) Applicant shall post a $50.00 deposit conditioned upon the prompt removal of the temporary stand and/or the cleaning up of all debris from the site. If the applicant removes such temporary stand and cleans up all the debris before the tenth day of July each year, he shall be entitled to the return of his $50.00 deposit. (6) Public displays of fireworks shall comply with the provisions of RCW 70.77.280 in that the city, in consultation with the fire authority, shall determine whether the proposed display would pose a hazard to property or a danger to persons. The city, in consultation with the fire authority, shall prepare a written report detailing the findings and recommendations for or against the issuance of the permit. The fire authority report shall be filed with the DCD permit center. (Ord. 066-21 § 4 (Exh. C); Ord. 032- 17 § 3; Ord. 013-16 § 4; Ord. 038-08 § 4; Ord. 026-08 § 3; Ord. 1706 § 2, 1998). 5/27/2022 Chapter 5.60 FIREWORKS https://www.codepublishing.com/WA/PortOrchard/#!/html/PortOrchard05/PortOrchard0560.html 4/5 5.60.030 Temporary stands. All safe and sane consumer fireworks shall be sold only from temporary stands and must conform to the written rules and regulations of the city and fire authority. (Ord. 066-21 § 4 (Exh. C); Ord. 013-16 § 5; Ord. 1706 § 3, 1998). 5.60.040 Number of licenses and stands limited. (1) Fourth of July Holiday Period. Each permittee shall be issued a fireworks permit annually and is entitled to only one retail sales outlet. (Ord. 066-21 § 4 (Exh. C); Ord. 013-16 § 6; Ord. 016-09 § 1; Ord. 038-08 § 5; Ord. 026-08 § 4; Ord. 1706 § 4, 1998). 5.60.050 Exploding fireworks legal period designated. No person shall use or explode any fireworks within the city except from 11:00 a.m. to 11:00 p.m. on the fourth day of July of any year and except where public displays are authorized pursuant to the laws of the state of Washington. (Ord. 066-21 § 4 (Exh. C); Ord. 026-08 § 5; Ord. 1706 § 5, 1998). 5.60.055 Prohibition due to extreme fire danger. The mayor, after consulting with the fire authority, and other officials as may be deemed appropriate, may prohibit the discharge of all fireworks during periods of extreme fire danger. In addition, the city council may, after conducting a public hearing, adopt by resolution emergency limitations or prohibitions on the sale of fireworks during periods of extreme fire danger. Such emergency limitations or prohibitions shall be temporary and the reasons necessitating the emergency limitations or prohibitions shall be clearly defined in the resolution. (Ord. 066-21 § 4 (Exh. C); Ord. 015-16 § 1; Ord. 013-16 § 7). 5.60.060 Chapter supplementary to state law. This chapter is intended to implement Chapter 70.77 RCW and shall be construed in connection with the law and any and all rules or regulations issued pursuant thereto. (Ord. 066-21 § 4 (Exh. C); Ord. 1706 § 6, 1998). 5.60.070 Violations – Penalty. (1) Any person failing to comply with Chapter 70.77 RCW or any rules or regulations of the State Fire Marshal, the city, or the fire authority shall be guilty of a violation of this chapter. (2) Any person violating any of the provisions or failing to comply with the mandatory requirements of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation or any provision of this chapter is committed, continued or permitted by any such person. (Ord. 066-21 § 4 (Exh. C); Ord. 1706 § 7, 1998). 5/27/2022 Chapter 5.60 FIREWORKS https://www.codepublishing.com/WA/PortOrchard/#!/html/PortOrchard05/PortOrchard0560.html 5/5 5.60.080 Enforcement. The city building official or duly authorized representative is designated as the enforcing officer of this chapter. (Ord. 066-21 § 4 (Exh. C); Ord. 1706 § 8, 1998). The Port Orchard Municipal Code is current through Ordinance 011-22, passed March 22, 2022. Disclaimer: The city clerk’s office has the official version of the Port Orchard Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: https://www.cityofportorchard.us/ City Telephone: (360) 876-4407 Code Publishing Company CITY OF POULSBO 5/27/2022 Chapter 8.20 FIREWORKS https://www.codepublishing.com/WA/Poulsbo/#!/Poulsbo08/Poulsbo0820.html#8.20.275 1/11 Chapter 8.20 FIREWORKS Sections: 8.20.010 Fireworks—Statutes adopted by reference. 8.20.020 Permit—Required. 8.20.030 Permit application—Contents. 8.20.040 Permit application—Fee—Bond. 8.20.050 Permit application—Insurance. 8.20.060 Permit application—Filing time. 8.20.070 Permit application—Investigation report. 8.20.080 Permit—State-issued license required. 8.20.090 Permit—Issuance decision. 8.20.100 Public display—Permit—Nontransferable. 8.20.110 Public display—Supervision. 8.20.130 Sale—Fixed place of business required. 8.20.140 Permit—Scope. 8.20.150 Sale—Stands—Time limitation. 8.20.160 Sale—Stands—Standards. 8.20.170 Storage facility requirements. 8.20.180 Fire nuisance prohibited. 8.20.190 Special—Sale or transfer restricted. 8.20.200 Permit revocation or suspension—Authority. 5/27/2022 Chapter 8.20 FIREWORKS https://www.codepublishing.com/WA/Poulsbo/#!/Poulsbo08/Poulsbo0820.html#8.20.275 2/11 8.20.210 Permit revocation or suspension—Notice. 8.20.220 Permit revocation or suspension—Appeal. 8.20.230 Exceptions—Signals—Illumination. 8.20.240 Out-of-state shipment. 8.20.250 Special effects permitted. 8.20.260 Reckless discharge prohibited. 8.20.265 Hours of sale and discharge of fireworks. 8.20.270 Possession prohibition. 8.20.275 Extreme fire danger. 8.20.280 Violation—Penalty. 8.20.290 Violation—Separate offense for each day. 8.20.010 Fireworks—Statutes adopted by reference. Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 70.77 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties: RCW 70.77.126 – 70.77.241 Definitions 70.77.255 Acts prohibited without appropriate licenses and permits 70.77.410 Public displays not to be hazardous 70.77.485 Unlawful possession of fireworks—Penalties 70.77.488 Unlawful discharge or use of fireworks 70.77.510 Unlawful sales or transfers of display fireworks—Penalty 70.77.515 Unlawful sales or transfers of consumer fireworks—Penalty 70.77.517 Unlawful transportation of fireworks—Penalty 70.77.520 Unlawful to permit fire nuisance where fireworks kept—Penalty 70.77.540 Penalty 5/27/2022 Chapter 8.20 FIREWORKS https://www.codepublishing.com/WA/Poulsbo/#!/Poulsbo08/Poulsbo0820.html#8.20.275 3/11 70.77.545 Violation a separate, continuing offense (Ord. 2007-42 § 1, 2007: Ord. 2002-22 § 1, 2002: Ord. 2001-09 § 2, 2001; Ord. 84-25 § 1, 1984) 8.20.020 Permit—Required. A. No person shall do any of the following acts in the city of Poulsbo without having first obtained and having in full force and effect a valid permit to do so: 1. Manufacture, import, possess or sell any fireworks, including agricultural and wildlife fireworks, at wholesale or retail; provided, however, that no permit is required for the possession or use of consumer fireworks lawfully purchased at retail; 2. Make a public display of fireworks; or 3. Transport fireworks, except as a permittee or as a public carrier delivering to a permittee. B. Except as authorized by a permit issued under this chapter, no person may discharge display fireworks at any place. C. No person less than eighteen years of age may apply for or receive a permit under this chapter. (Ord. 2002-22 § 2, 2002: Ord. 84-25 § 2, 1984) 8.20.030 Permit application—Contents. A. Any person desiring to do any act set forth in Section 8.20.020 shall first make written application for a permit to the fire chief. The application for a permit shall be signed by the applicant. If the application is made by a partnership, it shall be signed by each partner of the partnership, and if the application is made by a corporation, it shall be signed by an officer of the corporation and bear the seal of the corporation. B. The application shall be in such form as the fire chief shall require and shall include, at a minimum, the following information: 1. The true name, address and telephone number of the applicant; 2. A statement by the applicant that he or she is over the age of eighteen years of age; 3. A statement as to whether the applicant possesses a license issued by the Washington State Patrol, acting through the director of fire protection, to do the act for which the permit is sought, and the current status of the license; 5/27/2022 Chapter 8.20 FIREWORKS https://www.codepublishing.com/WA/Poulsbo/#!/Poulsbo08/Poulsbo0820.html#8.20.275 4/11 4. The proposed location at which the applicant intends to perform the act for which the permit is sought; 5. Such other information as the fire chief may require in order to make the investigation and report required by Section 8.20.070. (Ord. 2002-22 § 3, 2002; Ord. 84-25 § 3(A), 1984) 8.20.040 Permit application—Fee—Bond. A. All applications for permits pursuant to this chapter shall be accompanied by a nonrefundable permit fee as set forth in Section 3.12.040(M). The city council finds that this charge is necessary to cover the legitimate administrative costs for permit processing and inspection. B. The applicant shall post a cash bond pursuant to Section 3.12.040(M) which cash bond shall be conditioned upon the prompt removal of the temporary stand and the cleaning up of all debris from the site by the tenth day of July of each year for the Fourth of July holiday or the fifth day of January of the following year for the New Year’s Eve celebration. Failure to remove the temporary stand and clean up all debris from the site within the required time frame shall cause the bond to be forfeited to the city of Poulsbo. (Ord. 2003-16 § 23, 2003: Ord. 84-25 § 3(B), 1984) 8.20.050 Permit application—Insurance. A. All applications for permits pursuant to this chapter shall be accompanied by a certificate of insurance coverage evidencing the carrying of a comprehensive liability insurance policy with the following minimum coverage limits: 1. For bodily injuries: Not less than five hundred thousand dollars per person and two million dollars per event; and 2. For property damage: Not less than five hundred thousand dollars per event. B. The general liability policy required by this section shall name the city of Poulsbo as an additional insured, must be in full force and effect for the duration of the permit, and shall include a provision prohibiting cancellation of the policy without thirty days’ written notice to the city. The policy shall be in a form approved by the city attorney. (Ord. 2002-22 § 4, 2002: Ord. 84-25 § 3(C), 1984) 8.20.060 Permit application—Filing time. Applications for public display of fireworks shall be made in writing at least ten days in advance of the proposed display. (Ord. 84-25 § 3(D), 1984) 8.20.070 Permit application—Investigation report. 5/27/2022 Chapter 8.20 FIREWORKS https://www.codepublishing.com/WA/Poulsbo/#!/Poulsbo08/Poulsbo0820.html#8.20.275 5/11 It shall be the duty of the fire chief to make an investigation and prepare a report of his findings and conclusions for or against the issuance of the permit, together with his reasons therefor. In the case of an application for a permit for a public display of fireworks, the fire chief shall, in addition to any other investigation, make an investigation as to whether such display as proposed will be of such a character and will be so located that it may be hazardous to property or dangerous to any person. (Ord. 84-25 § 4, 1984) 8.20.080 Permit—State-issued license required. No permit shall be issued unless the person applying therefor has first obtained and has in full force and effect a valid license issued by the State Fire Marshal, pursuant to Chapter 70.77 RCW, to do the particular act or acts for which the permit is sought. (Ord. 84-25 § 6, 1984) 8.20.090 Permit—Issuance decision. The fire chief shall have the power, based upon the findings of his investigation, to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as he shall prescribe. (Ord. 84-25 § 5, 1984) 8.20.100 Public display—Permit—Nontransferable. A. If a permit for the public display of fireworks is granted, the sale, possession and use of fireworks for the public display is lawful for that purpose only. B. No such permit granted shall be transferable. (Ord. 84-25 § 7, 1984) 8.20.110 Public display—Supervision. Every public display of fireworks shall be handled or supervised by a pyrotechnic operator approved by the fire chief. (Ord. 84-25 § 8, 1984) 8.20.130 Sale—Fixed place of business required. No person shall sell consumer fireworks to a consumer or user thereof other than at a fixed place of business of a retailer for which a license and permit have been issued. (Ord. 2002-22 § 5, 2002: Ord. 84-25 § 11, 1984) 8.20.140 Permit—Scope. The authorization to engage in the particular act or acts as conferred by a permit to a person shall extend to salesmen and other employees of such person. (Ord. 84-25 § 9, 1984) 8.20.150 Sale—Stands—Time limitation. All sales of consumer fireworks shall be from temporary stands. Temporary stands for sales to occur during the authorized retail sales period from June 28th to July 5th of any year shall not be erected 5/27/2022 Chapter 8.20 FIREWORKS https://www.codepublishing.com/WA/Poulsbo/#!/Poulsbo08/Poulsbo0820.html#8.20.275 6/11 prior to the eighteenth of June of that year and shall be removed or torn down not later than the tenth of July of that year. Temporary stands for sales to occur during the authorized sales period from December 27th to December 31st of any year shall not be erected prior to seventeenth of December of that year and shall be removed or torn down not later than the fifth of January of the following year. (Ord. 2002-22 § 6, 2002: Ord. 84-25 § 12, 1984) 8.20.160 Sale—Stands—Standards. The fireworks stands of all those persons engaging in the sale of common fireworks pursuant to a permit issued under this chapter shall conform to the following minimum standards and conditions: A. Fireworks stands shall comply with all provisions of the building code and shall be constructed in such a manner so as not to endanger the safety of attendants and patrons. B. No fireworks stand shall be located within fifty feet of any other building or structure, nor within one-quarter of one mile of any gasoline station, oil storage tank or premises where flammable liquids are kept or stored. C. Each fireworks stand must have at least two exits which shall be unobstructed at all times. D. Each fireworks stand shall have, in a readily accessible place, at least two full buckets of water and/or a fire extinguisher duly approved in advance by the fire chief. E. All weeds, grass and combustible material shall be cleared from the location of the fireworks stand and the surrounding area a distance of not less than twenty feet, measured from the exterior walls on each side of the fireworks stand. F. No smoking shall be permitted in or near a fireworks stand, and the same shall be posted with proper “No Smoking” signs. G. Each fireworks stand shall have an adult in attendance at all times that the stand is stocked. Stock from the stand shall not be removed or stored in any other building during the sales period without the express written approval of the fire chief. H. No fireworks stand shall be located within a radius of one-quarter mile from any other stand. I. Each fireworks stand shall have provision for sufficient off-street parking, in the opinion of the fire chief, to avoid impeding continuous flow of traffic at entrances and exits from the premises. J. Each fireworks stand shall post prominently a list of fireworks that may be sold to the public. (Ord. 84-25 § 13, 1984) 5/27/2022 Chapter 8.20 FIREWORKS https://www.codepublishing.com/WA/Poulsbo/#!/Poulsbo08/Poulsbo0820.html#8.20.275 7/11 8.20.170 Storage facility requirements. It shall be unlawful for any person to store permanently stocks of fireworks remaining unsold after the lawful period of sale as provided in the person’s permit except in such places of permanent storage as the permit approves. Unsold stocks of consumer fireworks remaining after the authorized retail sales period from nine a.m. on June 28th to twelve noon on July 5th shall be returned on or before July 31st of the same year, or remaining after the authorized retail sales period from twelve noon on December 27th to eleven p.m. on December 31st shall be returned on or before January 10th of the subsequent year, to the approved permanent storage facilities of a licensed fireworks wholesaler or to a magazine or permanent storage facility approved by the fire chief. Upon receiving a written application at least ten days prior to the date of proposed storage, the fire chief shall investigate whether the character and location of the storage would constitute a hazard to any property or be dangerous to any person. Based upon the investigation, the fire chief may grant or deny an application for storage or to subject the same to such reasonable conditions, if any, as he/she shall prescribe. (Ord. 2002-22 § 7, 2002: Ord. 84-25 § 15, 1984) 8.20.180 Fire nuisance prohibited. No person shall allow any rubbish to accumulate in any premises where any fireworks are sold or stored or permit a fire nuisance to exist on such premises. (Ord. 84-25 § 14, 1984) 8.20.190 Special—Sale or transfer restricted. No person shall sell or transfer any special fireworks to any person who is not a fireworks permittee as provided in this chapter. (Ord. 84-25 § 17, 1984) 8.20.200 Permit revocation or suspension—Authority. The fire chief may at any time suspend or revoke any permit issued under the provisions of this chapter, if the permittee has: A. Violated any of the provisions of this chapter, or any of his servants, agents or employees has done so; B. Made any false statement or misrepresentation of fact in connection with obtaining the permit; C. Failed to obtain or has had any license required by the state of Washington to engage in any act prohibited by Chapter 70.77 RCW, or this chapter, to be done without a license, suspended or revoked; D. Had any insurance coverage required by this chapter cancelled, revoked or lapsed. (Ord. 84-25 § 21(A), 1984) 5/27/2022 Chapter 8.20 FIREWORKS https://www.codepublishing.com/WA/Poulsbo/#!/Poulsbo08/Poulsbo0820.html#8.20.275 8/11 8.20.210 Permit revocation or suspension—Notice. When the fire chief determines that there is cause for revoking or suspending any permit issued pursuant to this chapter, the fire chief shall notify the person holding such permit. The notice shall specify the grounds for the suspension or revocation of the permit. The suspension or revocation shall become effective immediately upon receipt of the notice by the permittee. (Ord. 84-25 § 21(B), 1984) 8.20.220 Permit revocation or suspension—Appeal. The decision of the fire chief with respect to the revocation or suspension of any permit issued under this chapter shall be final. Any permittee whose permit is suspended or revoked may appeal the decision of the fire chief to the Kitsap County superior court by filing such appeal within ten days of the date of the final decision of the fire chief. This shall be the exclusive remedy of any permittee under this chapter. (Ord. 84-25 § 21(C), 1984) 8.20.230 Exceptions—Signals—Illumination. This chapter does not prohibit the use of flares or fuses in connection with the operation of motor vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest protection activities. (Ord. 84-25 § 20, 1984) 8.20.240 Out-of-state shipment. This chapter does not prohibit any manufacturer, wholesaler, dealer or jobber, having a license issued by the State Fire Marshal and a permit secured under the provisions of this chapter, from manufacturing or selling any kind of fireworks for direct shipment out of this state. (Ord. 84-25 § 18, 1984) 8.20.250 Special effects permitted. This chapter does not prohibit the assembling, compounding, use and display of special effects of whatever nature by any person engaged in the production of motion pictures, radio, or television productions, theatricals or operas when such use and display is a necessary part of the production and such person possesses a valid permit issued by the city of Poulsbo to purchase, possess, transport or use such fireworks. (Ord. 84-25 § 19, 1984) 8.20.260 Reckless discharge prohibited. It is unlawful for any person to discharge or use fireworks in a reckless manner which creates a substantial risk of death or serious physical injury to another person or damage to the property of another. (Ord. 84-25 § 22, 1984) 8.20.265 Hours of sale and discharge of fireworks. A. No fireworks shall be sold, offered for sale, or exposed for sale at any time within the city except as follows: 5/27/2022 Chapter 8.20 FIREWORKS https://www.codepublishing.com/WA/Poulsbo/#!/Poulsbo08/Poulsbo0820.html#8.20.275 9/11 1. Between the hours of twelve noon and eleven p.m. on June 28th of each year; 2. Between the hours of nine a.m. and eleven p.m. on each day from June 29th through July 4th of each year; 3. Between the hours of nine a.m. and nine p.m. on July 5th of each year; and 4. Between the hours of twelve noon to eleven p.m. on December 27th through December 31st of each year. B. No person shall ignite, explode, use, burn, or discharge any fireworks at any time within the city except: 1. Between the hours of twelve noon and eleven p.m. on June 28th of each year; 2. Between the hours of nine a.m. and eleven p.m. on each day from June 29th through July 4th of each year; 3. Between the hours of nine a.m. and nine p.m. on July 5th of each year; and 4. Between the hours of six p.m. on December 31st of each year and one a.m. on January 1st of the subsequent year. C. The prohibition set forth in subsection B of this section shall not apply to public displays of fireworks that have been approved as provided in this section. The city council may approve a public display of fireworks on dates and at times not otherwise allowed under this section if all of the following conditions are met: 1. The public display of fireworks is to be conducted in conjunction with a recognized community festival, such as Viking Fest or a similar event, or the public display is to be conducted in order to recognize an event of historic, cultural, or community significance to the city of Poulsbo; and 2. Impacts to persons and properties in the vicinity from traffic, noise, and other deleterious effects have been adequately mitigated; and 3. A public display permit as required by this chapter has been applied for and approved, and the conditions of such permit have been or will be complied with. 5/27/2022 Chapter 8.20 FIREWORKS https://www.codepublishing.com/WA/Poulsbo/#!/Poulsbo08/Poulsbo0820.html#8.20.275 10/11 D. Any person violating any of the regulations contained in this section shall be punished as provided in Sections 8.20.280 and 8.20.290 of the Poulsbo Municipal Code. (Ord. 2005-19 § 1, 2005; Ord. 2002-22 § 8, 2002: Ord. 2001-09 § 1, 2001; Ord. 95-15 § 1, 1995) 8.20.270 Possession prohibition. The possession of any class or kind of fireworks in violation of the provisions of this chapter is prohibited. (Ord. 84-25 § 16, 1984) 8.20.275 Extreme fire danger.* During periods of extreme fire danger, as determined by the fire chief or the fire chief’s designee, the fire chief or the fire chief’s designee may prohibit the discharge of any or all fireworks within the city limits. At a minimum, the Kitsap County fire marshal’s burn ban, based upon fuel moisture measurements, must be declared and in place prior to this determination. (Ord. 2016-02 § 1, 2016) * Code reviser ’s note: Section 3 of Ord. 2016-02 provides: “Effective Date. Pursuant to RCW 70.77.250(4) this ordinance shall take effect one year after adoption and publication of the attached summary, which is hereby approved. If RCW 70.77.250(4) is amended to allow for an earlier effective date, the effective date will be as soon as possible under state law.” Ord. 2016-02 is therefore effective February 12, 2017. 8.20.280 Violation—Penalty. A. Unless specifically designated otherwise, or is specified to be enforced pursuant to other law, including, but not limited to, other chapters or titles of this code, any violation of this chapter is a misdemeanor. B. Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense. C. Failure to respond or appear fees for Poulsbo Municipal Code violations in this chapter will be assessed a failure to respond or appear fee at the rate set in RCW 46.63.110(4), as now enacted or hereinafter amended, which is hereby adopted by reference as if fully set forth herein. D. If a time pay agreement is requested, a fee of not to exceed ten dollars per charge or twenty-five dollars per payment plan may be imposed. (Ord. 2007-42 § 2, 2007: Ord. 97-33 § 2, 1997: Ord. 84-25 § 23, 1984) 8.20.290 Violation—Separate offense for each day. A person commits a separate offense for each day during which he commits, continues or permits a violation of any provision of this chapter. (Ord. 84-25 § 24, 1984) The Poulsbo Municipal Code is current through Ordinance 2022-01, passed February 9, 2022. 5/27/2022 Chapter 8.20 FIREWORKS https://www.codepublishing.com/WA/Poulsbo/#!/Poulsbo08/Poulsbo0820.html#8.20.275 11/11 Disclaimer: The City Clerk’s office has the official version of the Poulsbo Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: https://cityofpoulsbo.com City Telephone: (360) 779-3901 Code Publishing Company KITSAP COUNTY 5/27/2022 Chapter 10.48 FIREWORKS https://www.codepublishing.com/WA/KitsapCounty/#!/html/Kitsap10/Kitsap1048.html 1/4 Chapter 10.48 FIREWORKS Sections: 10.48.010 Discharge restricted. 10.48.012 Retail sales restricted. 10.48.013 Emergency restrictions. 10.48.014 Fireworks permits. 10.48.016 Supervision of public displays. 10.48.018 Enforcement. 10.48.020 Violation – Penalty. 10.48.010 Discharge restricted. Discharge of consumer fireworks in the unincorporated portion of Kitsap County is restricted to July 4th between the hours of 11:00 a.m. and 11:00 p.m. Exception: Discharge by public display may be conducted if permitted and authorized pursuant to Section 10.48.014. (Ord. 377 (2007) § 1, 2007: Ord. 248 (2000) § 1 (part), 2000: Ord. 152-A (1999) § 1, 1999: Ord. 152 (1993) § 1, 1993) 10.48.012 Retail sales restricted. Consumer fireworks may be sold at retail in the unincorporated portion of Kitsap County from 12:00 noon on June 28th until 10:00 p.m. on July 4th of each year. However, no consumer fireworks may be sold between the hours of 11:00 p.m. and 9:00 a.m. from June 28th through July 4th. Fireworks may not be sold at any other time, specifically including the period between December 27th and January 1st of each year. (Ord. 377 (2007) § 2, 2007: Ord. 248 (2000) § 1 (part), 2000) 10.48.013 Emergency restrictions. If drought or other conditions pose a threat to the public health, safety and welfare, the board of county commissioners may, after conducting a public hearing, adopt by resolution emergency limitations or prohibitions on the sale or use of fireworks. Emergency limitations shall be temporary and the reasons necessitating the emergency limitations shall be clearly defined in the resolution. 5/27/2022 Chapter 10.48 FIREWORKS https://www.codepublishing.com/WA/KitsapCounty/#!/html/Kitsap10/Kitsap1048.html 2/4 (Ord. 533 (2016) § 1, 2016) 10.48.014 Fireworks permits. No person, firm or corporation shall import, manufacture, transport (except as public carrier delivering to a licensee), possess, store, sell or offer to sell at retail or wholesale or discharge fireworks in the unincorporated portions of Kitsap County without first obtaining a permit from the fire marshal. Exception: No permit is required for the sale or use of agricultural or wildlife fireworks exempted from licensing by the State Fire Marshal by the provisions of Chapter 70.77 RCW; and, no permit is required for the private possession, transportation or discharge of consumer fireworks as defined in WAC 212-17-035 during authorized use periods. Permits required by this section shall be issued or denied by the county fire marshal and subject to the same approval and appeal procedure standard as a Type I procedure. Additional permits are required to use a temporary membrane structure for the retail sale of fireworks. 1. Applications for permits required by this chapter shall be submitted in such form and detail as prescribed by the fire marshal. A separate application shall be required for each site and activity. Applications shall include as a minimum: a. The applicable fee; b. Appropriate state licenses; c. Insurance certificate(s); d. A site or discharge plan; and e. The names, addresses and telephone numbers of the applicant(s) and responsible party(ies). 2. Permit applications shall be received by the fire marshal: a. No later than 4:30 p.m. on the last official county work day in May for retail sales; b. Not less than ten business days prior to the date of an intended public display; and c. Prior to commencing a permitted activity for all other uses. 3. In addition to the other requirements of this chapter or Chapter RCW 70.77 RCW: a. Applicants for firework retail sales or public display permits shall procure and maintain a policy or policies of public general liability, bodily injury and property damage insurance in a 5/27/2022 Chapter 10.48 FIREWORKS https://www.codepublishing.com/WA/KitsapCounty/#!/html/Kitsap10/Kitsap1048.html 3/4 company or companies approved by the county in the minimum amount of one million dollars ($1,000,000) single limit; Kitsap County shall be named as an additional insured. b. Retail sales of fireworks shall occur only from temporary structures and such structures are limited in location to those zones wherein commercial or industrial activities are authorized. (Ord. 377 (2007) § 3, 2007: Ord. 248 (2000) § 1 (part), 2000) 10.48.016 Supervision of public displays. All public firework displays shall be conducted or supervised by a pyrotechnic operator licensed in accordance with the laws of the State of Washington. (Ord. 377 (2007) § 4, 2007: Ord. 248 (2000) § 1 (part), 2000) 10.48.018 Enforcement. The provision of this chapter may be enforced either by the Kitsap County sheriff’s office, the Kitsap County fire marshal or the fire marshal’s official designee. Authorized representatives of the Kitsap County sheriff’s office or the Kitsap County fire marshal’s Office may issue a citation or a notice of infraction for any violation of this ordinance or section of the county code if the authorized representative reasonably believes that any provision of this chapter has been violated. Violating any provision of this chapter, Chapter 70.77 RCW, WAC 212-17 or a lawful order issued by the fire marshal shall be grounds for the revocation of a fireworks permit. 1. Any fireworks sold, possessed, offered for sale, discharged or transported in violation of the provisions of this chapter shall be subject to seizure by the county fire marshal or law enforcement authority. 2. Firework seizures authorized by this section may be appealed as a Type 1 decision provided that such appeal is filed with the fire marshal within ten calendar days of the seizure. 3. The fire marshal may dispose of any seized fireworks by summary destruction at any time after the appeal deadline has passed or on order or judgment approving destruction. (Ord. 377 (2007) § 5, 2007: Ord. 248 (2000) § 1 (part), 2000) 10.48.020 Violation – Penalty. Violation of the ordinance codified in this chapter shall be as provided by Section 1.12.010 of the Kitsap County Code. (Ord. 248 (2000) § 1 (part), 2000: Ord. 152 (1993) § 2, 1993). 5/27/2022 Chapter 10.48 FIREWORKS https://www.codepublishing.com/WA/KitsapCounty/#!/html/Kitsap10/Kitsap1048.html 4/4 The Kitsap County Code is current through Ordinance 605 (2021), passed December 6, 2021, and Resolution 169-2013, passed November 25, 2013. Disclaimer: The Clerk of the Board's Office has the official version of the Kitsap County Code. Users should contact the Clerk of the Board's Office for ordinances passed subsequent to the ordinance cited above. County Website: https://www.kitsapgov.com/ County Telephone: (360) 337-5777 / (800) 825-4940 Email the county: openline@co.kitsap.wa.us Code Publishing Company From:twalker To:Michael Six Cc:Sarah Tassano; Tom Wolfe; City Council; Greg Wheeler Subject:Fireworks 2022 Date:Monday, May 30, 2022 4:05:57 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, I was looking at the City of Bremerton’s fireworks page. I was wondering if a few minor revisions might be added well before July 4th? Could the sentence be bolded or put in red font that it is illegal to “Discharge fireworks on public property, including public streets, sidewalks, parking lots, or school property” Could this sentence from the fireworks page be revised with the added/re-ordered words: “Fireworks purchased from licensed firework stands within the city of Bremerton are legal to discharge within the City ONLY during the legal discharge date, times, and places.” Please add information on how to report illegal fireworks discharge that isn’t a 9-1-1 call, and what actions will be taken. ------------------------------------------------------- I would also appreciate a response regarding what actions Bremerton citizens can legally take when their property is threatened by neighbors discharging fireworks illegally? Your response is important because on July 4th there is no assistance from the 9-1-1 call center (won’t even notify police or fire departments of illegal fireworks reports) unless there has already been an injury or fire, or imminent threat of injury or fire. When I reported the latter, still nothing was done. I was told last year that the fire department and police will not accept photos or videos taken by a private party --- that employees of these departments would have to personally observe the crime in order for any action (even a warning) to be taken against an offender. I was told the City will not employ aerial or electronic observation (e.g., drones or mounted cameras that would record illegal fireworks discharge). Furthermore, I was told the City does not hold large apartment complex owners (e.g., Indigo) responsible for any preventive measures to safeguard the public – for example, tenant notices or posted signs that fireworks may not be discharged on city streets and sidewalks, or requiring that a manager or designee be on-site July 4th to ensure that tenants comply. So, without public protection on July 4th, what are Bremerton’s citizens legally allowed to do to protect themselves? Am I only allowed to stand in my yard with a garden hose ready and chunks of burnt debris falling on my roof, while suffering taunts, verbal harassment and emotional abuse from those who are illegally endangering the public? My last request in this email is to know: 1. How many warnings and how many fines were issued in the City of Bremerton for illegal fireworks activity in 2021? How many fireworks complaints were filed by Bremerton residents that year? 2. How is the City widely advertising to the public (in advance of July 4th) the places that it is illegal to discharge fireworks; specifically on public streets, sidewalks, and parking areas, and at schools? Thank you for your assistance. Sincerely, Teresa Walker P.O. Box 2786 Bremerton, WA 98310 (360) 471-4473 Form Created 5/4/15 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Overview of Lodging Tax Study Session Date: June 8, 2022 Presenter: Denise Frey Phone: (360) 473-5280 SUMMARY: An Overview of Lodging Tax will be provided to City Council. Feedback regarding funding priorities and application criteria will also be requested, to help facilitate the release of the 2023 Request for Proposals by the Lodging Tax Advisory Committee. HANDOUTS: 1) Power Point Presentation; 2) Draft Request for Proposals; 3) MRSC Article STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation C General Council Business CITY OF BREMERTON 2023 Lodging Tax Request for Proposals June 24, 2022 The City of Bremerton’s Lodging Tax Advisory Committee is now accepting applications for Fiscal Year 2023. Applicants who may apply for funding may include the following:  visitor and convention bureaus  destination marketing organizations or businesses  non-profit organizations including main street organizations, lodging associations, or chambers of commerce  municipalities or public facilities districts owning or operating tourism related facilities Update? Eligible projects are defined under RCW 67.28 as the following:  tourism-based marketing to attract out-of-area tourists (more than 50 miles away) i.e. printed brochures, flyers, posters; website; social media; radio; newspaper ads  marketing and operations of special events and festivals designed to attract out-of-area tourists  operations of tourism-related facilities owned or operated by non-profits  operations and capital expenditures of tourism related facilities owned or operated by a municipality or public facility district TIMELINE TENTATIVE LTAC Kick-Off Meeting Friday, June 24 1:00 – 2:00 PM Request for Proposals Issued Friday, June 24 Pre-Application Meeting w/City Staff Tuesday, July 26 2:00 – 4:00 PM Request for Proposals Deadline Tuesday, August 30 12:00 PM Meetings with Eligible Applicants Fridays, October 7 & 14 1:00 – 5:00 PM Discuss & Finalize Recommendations Friday, October 21 1:00 – 3:00 PM Recommendations approved by City Council By December 21 Arrangements with Contracts Administrator Beginning in January 2023 BACKGROUND Each year the City of Bremerton’s Lodging Tax Advisory Committee requests applications to fund projects that support tourism within Bremerton. Funding varies and this revenue comes from a 4% excise tax charged to travelers who stay at local hotels. Part of the proceeds are pre-dedicated to operations and debt payments for the Kitsap Conference Center and for operation of the Admiral Theatre. The City of Bremerton’s Lodging Tax Advisory Committee (LTAC) was established by the City Council in accordance with Washington State Law RCW 67.28. The committee’s specific purpose is to advise and recommend to the City Council how excise taxes on lodging should be allocated to support tourism in Bremerton. The Council can accept or modify the recommendations, after submitting its proposed changes to the LTAC, with the approved allocations being included in the next fiscal year’s budget. After the budget is approved, the following are required by applicants to receive funding: DRAFT FOR DISCUSSION ONLY  Recipients must enter into a Tourism Promotion Services Agreement with the City of Bremerton  Business Organizations must have a current Bremerton Business License  All recipients must provide a signed W9 Form  Recipients must carry Liability Insurance; and apply for Special Events Permits (as appropriate)  Prior to reimbursement, regular Invoices must be submitted with detail on completed work  Data must be reported annually to confirm the actual tourism being generated as required by the State’s Joint Legislative Audit & Review Committee (JLARC) THE LODGING TAX ADVISORY COMMITTEE Under RCW 67.28, the committee is required to have two representatives of businesses that collect the tax, two representatives of eligible organizations to receive funding, and an elected official. LTAC Member Organization Role Denise Frey City of Bremerton Elected Official & Committee Chair Harrington Griffin Fairfield Inn & Suites Collector of Hotel/Motel Tax Ash Printy Hampton Inn & Suites Collector of Hotel/Motel Tax Mike Huey Washington State Science & Engineering Fair (WSSEF) Potential Recipient of Funds Virgil Valdez Filipino-American Association of Kitsap County Potential Recipient of Funds APPLICANT CRITERIA The City of Bremerton has estimated $200,000 will be available to organizations for 2023. This funding is intended to continue the return of long-time community events; and help keep doors open for tourism supporting organizations and venues impacted by the pandemic. Changes in the application process include: Update?  Due to the pandemic and limited available funding, the Bremerton City Council has waived previous guidelines for the LTAC that dedicated a % for project categories  The LTAC will not be considering new events/proposals during this application cycle  The LTAC will not be considering new municipal requests Criteria to be used by the LTAC will include the following considerations: Update?  Economic Impact  Events to draw tourists from 50 miles or more away  Out of Area Marketing  Collaboration with Community Organizations APPLICATION INSTRUCTIONS 2023 Application and all related materials must be submitted electronically to City.Council@ci.bremerton.wa.us no later than 12:00 PM on Tuesday, July 26, 2022 1. Required Application Format: a) The application must be signed by the individual who has the authority to sign documents such as contracts b) The questions must be completed in order b) The application must not exceed 3 pages, not including attachments 2. Required Attachments: a) Prior Year (2021) Income Statement (Revenue & Expense) b) Prior Year (2021) Balance Sheet (Assets & Liabilities) c) Year-To-Date (2022) Income Statement (Revenue & Expense) d) Year-To-Date (2022) Balance Sheet (Assets & Liabilities) e) Project Budget (2023):  designate line items for tourism-related expenses  indicate all sources of revenue (example: municipalities, grants, fundraising, ticket sales, etc) that support your tourism activities or events  note your top 3 funding priorities f) Current Tax Return g) Up to 5 examples of Marketing (if your request is for event support) Questions may be directed to Christine Grenier, Legislative/Auditor Assistant at (360) 473-5280 or by email at City.Council@ci.bremerton.wa.us. For more information on RCW 67.28, please visit https://app.leg.wa.gov/rcw/. Lodging Tax (Hotel-Motel Tax) This page provides an overview of the lodging tax, also known as the hotel-motel tax, that cities and counties in Washington State may charge to benefit tourism, including applicable tax rates, use of revenues, lodging tax advisory committees (LTACs), and sample documents. The information on this page applies only to cities and counties. Certain public facilities districts also have separate lodging tax authority which is not discussed on this page. For more information, see our page on Public Facilities Districts (PFDs). For further guidance on lodging taxes and other local revenue options, see MRSC’s City Revenue Guide and County Revenue Guide. Overview Any city, town, or county has the authority to levy lodging taxes, also known as “hotel/motel taxes,” on all charges for furnishing lodging at hotels, motels, and short-term rentals – including such activities as Airbnb, bed and breakfasts (B&Bs), RV parks, and other housing and lodging accommodations for periods of time less than 30 days. The tax is collected as a sales tax and paid by the customer at the time of the transaction, and the revenues must be used for eligible tourism promotion activities or tourism-related facilities. There are two lodging tax options:  A “basic” or “state-shared” lodging tax up to 2% that is taken as a credit against the 6.5% state sales tax rate, so that the lodging patron does not see any tax increase (RCW 67.28.180-.1801). The state also sometimes refers to this as the “transient rental tax.”  An “additional” or “special” lodging tax up to 2% on top of the other state and local retail sales taxes, resulting in a higher tax bill for the patron (RCW 67.28.181). If a jurisdiction imposes both options at the maximum rate, that would bring the total lodging tax rate to 4%. However, a few specific jurisdictions are not authorized to collect certain lodging taxes while others have additional authority, as discussed below. Lodging taxes are different from (and may be imposed in addition to) tourism promotion area fees. For more information on tourism promotion areas, see our page Tourism and Local Governments. "Basic" or "State-Shared" Lodging Tax Any county has the authority to levy the “basic” or “state-shared” lodging tax up to 2% (RCW 67.28.180), which is taken as a credit against the 6.5% state sales tax (RCW 67.28.1801). This means that there is no tax increase, and the total tax paid by the patron is equal to the retail sales tax in the jurisdiction in which the lodging is located. The state’s portion of the sales tax rate on lodging effectively drops from 6.5% to 4.5% within those jurisdictions. The state sometimes refers to this as the “transient rental tax.” Most cities and towns have similar “basic” lodging tax authority. The city’s basic rate is credited against the county’s basic rate (RCW 67.28.180(2)). For instance, if both the city and the county impose the full 2% basic lodging tax, the total rate will be 2% countywide, but the county will not receive revenues from the incorporated area because it must credit those revenues back to the city. The basic lodging tax has a few exceptions:  No city located within King County may impose the basic lodging tax (see RCW 67.28.180(2)(c)(ii)), except for Bellevue which has legislation allowing it to collect a rate up to 2% until its related debt is retired (subsection (2)(c)(iii).  No city that is located within a county that is exempt under RCW 67.28.180(2)(b) may impose the basic lodging tax so long as the county remains exempt. Currently, Yakima County is the only county exempt under that subsection, so no city within Yakima County may impose this tax. However, there is also an exception that grandfathers in the City of Yakima and allows it to collect a basic lodging tax up to 2% until its related debt is retired (subsection (2)(c)(iii)).  For Bellevue/King County and City of Yakima/Yakima County, the statutory exemptions allow the jurisdictions to “double-dip,” meaning that the city lodging tax is not taken as a credit against the county rate. Instead, the city and county rates are added together, resulting in a credit of up to 4% against the state sales tax rate within Bellevue and the City of Yakima. This means the state only receives a 2.5% sales tax on lodging in those two cities. "Additional" or "Special" Lodging Tax In addition to the “basic” 2% lodging tax, any county may impose an “additional” or “special” lodging tax up to 2% in increments no smaller than 0.1% (RCW 67.28.181). Unlike the basic lodging tax, the additional lodging tax is not a credit against the state sales tax and results in a tax increase for the lodging patron. If the basic and additional lodging tax are each levied at a rate of 2%, the combined lodging tax rate would be 4% and the total tax paid by the patron would equal the retail sales tax in the jurisdiction plus the additional/special lodging tax of 2%. Most cities and towns also have similar authority, and just like the basic lodging tax the city’s additional lodging tax must be taken as a credit against the county’s additional rate (RCW 67.28.181(3)). For instance, if both the city and the county impose the full 2% additional lodging tax, the total additional rate will be 2% countywide, but the county will not receive revenues from the incorporated area because it must credit those revenues back to the city. The additional lodging tax also has a few exceptions:  Counties and cities that imposed a combined lodging tax greater than 4% before July 27, 1997 were grandfathered in under RCW 67.28.181(2)(a). This includes Grays Harbor and Pierce counties (and the cities within them), plus the cities of Airway Heights, Bellevue, Chelan, Leavenworth, Long Beach, Winthrop, and Yakima.  Any city located within a county that had the authority to levy a countywide 4% lodging tax before January 1, 1997 may not impose the additional 2% (RCW 67.28.181(2)(b)). This applies to all cities in Cowlitz and Snohomish counties.  Cities that imposed a combined lodging tax rate of 6% before January 1, 1998 are grandfathered in under RCW 67.28.181(2)(d). This occurred due to a unique set of circumstances and only applies to the cities of Wenatchee and East Wenatchee. Use of Revenues City and county lodging tax revenues – including both the “basic” and “additional” lodging taxes – must generally be used for tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities (RCW 67.28.1815-.1816), including:  Tourism marketing;  Marketing and operations of special events and festivals designed to attract tourists;  Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district, including repayment of general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) for eligible capital projects; or  Operations of tourism-related facilities owned or operated by nonprofit organizations (but not capital expenditures). (King County has separate provisions and requirements for how to spend the revenues.) Definitions of “tourism,” “tourism promotion,” and “tourism-related facility” are provided in RCW 67.28.080. Cities and counties may use the funds either directly, or indirectly through a convention and visitor’s bureau or destination marketing organization. The funds may be awarded to nonprofits, tourism organizations, and to the city or county for eligible expenses. Practice Tip: The guiding principle is that these facilities should be used by tourists. So for example, a municipal golf course would likely be a permitted lodging tax expenditure in Chelan, while it probably would not be if it were in a residential neighborhood in Spokane. Each situation is unique and requires careful assessment. After conferring with the State Auditor’s Office, we have also concluded that lodging tax revenues may be used to pay for staff support of the lodging tax advisory committee (LTAC, described in further detail below), provided that proper application and reporting requirements are followed. Our conclusion comes from RCW 67.28.1815, which states that the revenues must be used “solely for the purpose of paying all or any part of the cost of tourism promotion…” It is our opinion that the primary function of an LTAC is to promote and market tourism. Cities and counties may also use lodging tax revenues to repay general obligation bonds (RCW 67.28.150) or revenue bonds (RCW 67.28.160) issued for affordable workforce housing within a half-mile of a transit station. For more information, see our page on Affordable Housing Funding Sources. Application and Award Process All prospective lodging tax recipients must apply to the city/county for funding. The entities that may apply for lodging tax funding are:  Convention and visitors’ bureaus;  Destination marketing organizations;  Nonprofits, including main street organizations, lodging associations, or chambers of commerce; and  Municipalities (defined as any city, town, or county). Any city or county with a population of 5,000 or more that imposes any lodging tax must also establish a lodging tax advisory committee (LTAC), described in the next section, to review the applications and make funding recommendations. Jurisdictions with a population of less than 5,000 are not required to establish an LTAC, although they may do so if desired. If the jurisdiction does not have an LTAC, prospective applicants must apply directly to the legislative body (city council or county commission) for consideration and funding. All applications must include estimates of how funding the activity will result in increases to the number of people staying overnight, traveling 50 miles or more, or coming from another state or country. To ensure that the applicants are compliant with this statutory requirement, this information should be included in the lodging tax application form that will be filed with the city/county or the LTAC. There is no requirement that priority for funding be given to applicants expected to generate the largest number of tourists, and lodging tax revenue may still be awarded to recipients who provide services that indirectly increase tourism such as destination marketing organizations. The law is silent on the frequency of the awards. Some jurisdictions choose to make the award process a part of their annual budget cycle while others may incorporate a mid-year awards procedure to account for unexpected increases or decreases in lodging tax revenues. Practice Tips:  The State Auditor’s Office interprets the law to mean that all users of lodging tax funds, including municipalities, are considered applicants and must follow the relevant application procedures. So, if cities or counties are seeking to use the funds directly, the city/county should submit applications for their own projects to the legislative body or LTAC for consideration.  To avoid any concerns regarding gifting of public funds, the city or county awarding the funds should enter into a contract with the recipient organization(s). The contract should spell out the tourism-related services to be provided in exchange for the funding, as well as the required reports that must be filed by the recipient that quantifies the services in terms of the number or tourists generated as a result of the funding. Lodging Tax Advisory Committees (LTACs) Any city or county with a population of 5,000 or more that imposes any lodging tax is required to establish a lodging tax advisory committee (LTAC) to review the applications and make funding recommendations to the legislative body. Practice Tip: Jurisdictions with a population of less than 5,000 are not required to establish an LTAC, although they may do so voluntarily. If a jurisdiction voluntarily establishes an LTAC, it is not required to follow these rules and may adopt its own processes and requirements. For jurisdictions of at least 5,000 population, the LTAC must be appointed by the legislative body (city council or county commission) and must contain at least five members, including at least two representatives of businesses that are required to collect the lodging tax, at least two people who are involved in activities that are authorized to be funded by the lodging tax, and one elected official from the jurisdiction who serves as chair (RCW 67.28.1817). The number of committee members from organizations representing hotels/motels collecting the tax and the number from organizations involved in activities that can be funded must be equal. Organizations representing hotels and motels and organizations involved in activities that can be funded by this tax may recommend people for membership. The statute also provides that a person who is eligible under the first category (lodging businesses) is not eligible for appointment under the second category (funding organizations), and vice versa. The legislative body must review the committee’s membership annually and makes changes as appropriate. A city's committee may include a non-voting elected county official and vice versa. The LTAC receives all applications for lodging tax revenue and recommends a list of candidates and funding levels to city or county legislative body for final determination. The statute says that the legislative body “may choose only recipients from the list of candidates and recommended amounts provided by the local lodging tax advisory committee” (RCW 67.28.1816(2)(b)(ii), emphasis added). Practice Tip: The legislative body is not required to fund the full list of recommended recipients and may choose to make awards to only some or even none of the recommended recipients, but the legislative body may not award funds to any recipient that was not recommended by LTAC. However, an informal opinion from the Attorney General’s Office in 2016 states that the legislative body may award amounts different from the LTAC’s recommended amounts, but only after satisfying the procedural requirements of RCW 67.28.1817(2). This requires the municipality to submit its proposed change(s) to the LTAC for review and comment at least 45 days before final action is taken. Any proposal to impose a new lodging tax, raise the rate of an existing tax, repeal an exemption from the lodging tax, or change the use of the tax proceeds, must be submitted to the lodging tax advisory committee for review and comment at least 45 days before final action will be taken on the proposal by the legislative body (RCW 67.28.1817(2)). Reporting Requirements All cities and counties receiving lodging tax revenues must file an annual report with the Joint Legislative Audit & Review Committee (JLARC) by May 15 for the prior calendar year (RCW 67.28.1816). If a jurisdiction received lodging tax revenues but did not have any distributions or expenses during the calendar year, the JLARC report must still be completed and filed by the deadline indicating no activity. JLARC has established an online reporting system – see the reporting instructions, data field descriptions, and FAQs at the top of the JLARC page. The reporting requirements include:  All lodging tax revenues received;  All lodging tax revenues distributed and/or expended;  All recipients of lodging tax monies, including the city itself, that may have directly used lodging tax funds for qualifying facilities, tourist events, or tourism administration; and  For all recipients, the actual number of people traveling for business or pleasure on an overnight trip in paid accommodations, traveling 50 or more miles away from their business or place of residence for the day or overnight, or traveling from another country or state. Practice Tip: The deadline to submit the annual lodging tax data to JLARC is May 15 for the year ending December 31 of the prior fiscal period. However, the JLARC online filing system can record and store lodging tax activity throughout the calendar year, so as part of your contract with recipients, we recommend that you require the recipient to file the actual number of attendees, overnight stays, and/or other associated tourism data as soon as the event or activity has been completed to ensure the city’s full compliance with JLARC. Maximum Combined Sales & Lodging Tax Rate For cities and counties, the maximum combined sales and lodging tax rate upon sales of lodging may not exceed 12% (RCW 67.28.181(1)), except for Seattle which has a maximum combined rate of 15.2%. The statutes included within the 12% cap are:  Chapter 36.100 RCW (public facilities districts),  Chapter 82.08 RCW (state sales tax)  Chapter 82.14 RCW (local sales taxes)  Chapter 67.28 RCW (lodging taxes), and  Chapter 67.40 RCW (convention and trade center tax – repealed in 2010). However, affordable housing sales taxes (see RCW 67.28.181(4)) and the first 0.4% of the Sound Transit high-capacity transit sales tax (adopted prior to December 1, 2000 – see RCW 82.14.410(2)(c)) are not included within the 12% cap. Most counties and cities are not that close to the 12% cap, and the cap does not affect the ability of any jurisdiction to impose the maximum “basic” lodging tax allowed by law since it is taken as a credit against the state sales tax and does not increase the sales tax rate. However, the 12% cap may limit the “additional” lodging tax rate that some jurisdictions may impose. RCW 82.14.410 provides that any local sales and use tax increase adopted after December 1, 2000 must exempt lodging sales if the increase would cause the total combined lodging/sales tax rate to exceed the greater of the 12% cap or the actual combined lodging/sales tax rate in effect on December 1, 2000. Examples of Lodging Tax Documents Below are selected examples of lodging tax ordinances, code provisions, application forms, and contracts. Code Provisions/Ordinances  Anacortes Ordinance No. 4019 (2022) – Establishing Lodging Tax Advisory Committee  Clallam County Code Ch. 5.13 – Additional Special Excise Tax on Lodging  Ferndale Municipal Code Ch. 2.31 – Lodging Tax Advisory Committee  Kirkland Municipal Code Ch. 5.19 – Lodging Excise Tax, with tourism development committee performing LTAC functions  Ocean Shores Resolution No. 787 (2019) – Establishing plan for use of lodging tax funds, LTAC membership, funding process, and city council goals and priorities for use of lodging taxes.  Quincy Municipal Code Ch. 2.36 (Lodging Tax Advisory Committee) and Ch. 3.24 (Hotel/Motel Tax)  San Juan County Code Ch. 3.16 – Lodging Tax  SeaTac Ordinance No. 98-1049 (1998) – Authorizes issuance of $5 million in limited tax general obligation (LTGO) bonds for specified tourism-related capital projects, repaid from lodging tax revenues and, if lodging taxes are insufficient, general property taxes  Spokane Valley Municipal Code Ch. 3.20 – Transient Occupancy Tax RFPs, Applications, and Guidelines  Airway Heights Lodging Tax Advisory Committee – Includes city’s tourism policy goals and strategic plan, LTAC grant application and instructions, and application for reimbursement of approved funding  Kittitas County, Cle Elum, Ellensburg, and Roslyn Request for Proposals: Lodging Tax Fund – Consolidated online application form for county and cities. Provides lots of details about the application and scoring process; users must log in to access form o Lodging Tax Request For Proposals (2017) – Older paper copy of RFP; includes application form, rating form; and applicant and internal submittal checklists o Consolidated Lodging Tax Interlocal Agreement (amended 2018) – Creates consolidated lodging tax application process with countywide lodging tax advisory committee (LTAC) work group consisting of members of each participating LTAC. Includes amendments.  Lacey Application for City Lodging Tax Funds (2019)  Ocean Shores Lodging Tax Funds Application (2019)  Pacific County Lodging Tax Grant Application Packet (2019)  Pierce County Lodging Tax Program – Includes application process and forms, list of awards, and “resources” including the county’s tourism funding strategic plan and LTAC scoring matrices. Applicants must schedule a one-on-one application workshop with the county economic development department.  San Juan County Lodging Tax Advisory Committee – Includes most recent LTAC master plan, RFPs, and application forms  Wenatchee Application for Lodging Tax Funds (2016) Contracts with Lodging Tax Recipients  Ocean Shores Tourism Promotion Agreement (2019) – Contract template for lodging tax recipients; includes reporting requirements and example of final report on number of visitors and paid room nights  Olympia Professional Services Agreement for Tourism Promotion (Lodging Tax) Services (2014) – Agreement to use lodging tax revenues for marketing and promotion of the Hands On Children’s Museum and the 2014 Sand in the City event, not to exceed $60,000.  Union Gap Old Town Days Agreement (2011) – Simple and short contract  Wenatchee Municipal Services Agreement Re: Lodging Tax Funded Activities (2014) – Agreement to use lodging tax revenues to support operations of nonprofit Wenatchee Valley Museum and Cultural Center Association by growing visitation, enhancing events and marketing, and supporting a visitor services staff member/volunteer coordinator Last Modified: April 26, 2022 https://mrsc.org/Home/Explore-Topics/Finance/Revenues/Lodging-Tax.aspx