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HomeMy WebLinkAbout10/26/2022 STUDY SESSION AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 WEDNESDAY, OCTOBER 26, 2022 CITY COUNCIL STUDY SESSION AGENDA Starting at 5:00 PM in the First Floor Meeting Chambers The First Floor Meeting Chambers will be open to the public to attend the Study Session in-person, but there will be no opportunities for input. Public questions or comments may be submitted at any time to City.Council@ci.bremerton.wa.us. Please remember that the content of the Agenda Bill items is subject to change; and no action is anticipated. All Agenda Bill items approved by the Council tonight will be placed on the November 2, 2022 City Council Meeting Agenda… A. BRIEFINGS ON AGENDA ITEMS 1. Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with DKS Associates, Inc. for Design of the Pedestrian Crossing Safety Project 2. Local Programs State Funding Agreement with the WA State Department of Transportation for the View Ridge Elementary to Almira Drive Safe Routes to School Project 3. Agreement with Prospect Construction, Inc for the Pump Station 14 Relocation Project 4. Three Year Generator Service and Maintenance Agreement with Cummins, Inc. 5. Proposed Public Hearing on Resolution to approve the 2023 Community Development Block Grant/HOME funding recommendations for inclusion in the 2023 CDBG/HOME Action Plan 6. Proposed Public Hearing on Revenue Sources for the 2023 City of Bremerton Budget 7. Ordinance to amend and re-establish City Rates & Fees for 2023 8. Ordinance to amend and re-establish Utility Assessments, Rates, Fees & Charges for 2023 9. Ordinance to levy Property Taxes for Collection in 2023 10. Proposed Public Hearing on Resolution to establish the Work Schedule & Public Participation Plan for the Comprehensive Plan Update; and to suspend Comprehensive Plan Amendment Applications in 2023 11. Proposed Public Hearing on Ordinance amending Chapter 3.78 of the Bremerton Municipal Code entitled “Multifamily Property Tax Exemption” 12. Acceptance of the Lodging Tax Advisory Committee’s 2023 Funding Recommendations B. GENERAL COUNCIL BUSINESS o REAC Monthly Briefing (Last Meeting 10/13/22 Meeting) – Chair Quinn Dennehy o Public Works Committee Monthly Briefing (Last Meeting 10/18/22) – Chair Eric Younger o Other General Council Business C. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 26, 2022 Local Agency Professional Services Cost Plus Fixed Fee Consultant Agreement with DKS Associates, Inc. for Design of the Pedestrian Crossing Safety Project COUNCIL MEETING Date: November 2, 2022 Department: PW&U-Engineering Presenter: Chris Dimmitt Phone: (360) 473-2307 SUMMARY: In March 2021, the City accepted a Highway Safety Improvement Program (HSIP) grant through WSDOT to design and construct rectangular rapid flashing beacons (RRFB) with associated ADA curb ramp upgrades at eight select locations city wide. The City advertised a Request for Proposals and received proposals from three qualified design firms. Three firms were interviewed, and DKS Associates Inc was selected to perform the design. The agreement includes engineering and design, environmental permitting, real estate services for right-of-way acquisition, and bid and construction engineering support services. The Professional Services Agreement is a WSDOT standard agreement with its standard terms and conditions. The contract amount is $220,049.25. ATTACHMENTS: 1) Professional Services Agreement with DKS Associates, Inc. 2) Fiscal Summary FISCAL IMPACTS (Include Budgeted Amount): The consultant fee for design is estimated at $220,049.25; see attached fiscal summary for funding details. This project is included in the 2022 budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Professional Services Agreement between the City of Bremerton and DKS Associates, Inc. for Design of the Pedestrian Crossing Safety 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 A1 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Agreement Number: Firm/Organization Legal Name (do not use dba’s): Address Federal Aid Number UBI Number Federal TIN or SSN Number Execution Date Completion Date 1099 Form Required Yes No Federal Participation Yes No Project Title Description of Work Yes No DBE Participation Yes No MBE Participation Yes No WBE Participation Yes No SBE Participation Total Amount Authorized: Management Reserve Fund: Maximum Amount Payable: Index of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Scope of Work DBE Participation Preparation and Delivery of Electronic Engineering and Other Data Prime Consultant Cost Computations Sub-consultant Cost Computations Title VI Assurances Certification Documents Liability Insurance Increase Alleged Consultant Design Error Procedures Consultant Claim Procedures Agreement Number: Page 1 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 DKS Associates 720 SW Washington, Suite 500, Portland, OR 97205 HSIP-000S(629) 601 460 417 94-2583153 11/02/2022 12/31/2024 Systemic Pedestrian Treatments - Rectangular Rapid Flashing Beacons The project will install Rectangular Rapid Flashing Beacons (RRFB) systems at eight locations throughout the city of Bremerton. The project will include thermoplastic marked crosswalks and ADA curb ramps associated with the RRFB enhanced marked crosswalks. 200,044.77 20,004.48 220,049.25 THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the , hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.” WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I.General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II.General Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies. III.General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.” The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: Page 2 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 City of Bremerton Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory DBE goal, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall develop a SBE Participation Plan prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms (including Prime) involved with this AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE Participation. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C – Preparation and Delivery of Electronic Engineering and other Data.” All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Name: Agency: Agency: Address: Address: City: State: Zip: City: State: Zip: Email: Email: Phone: Phone: Facsimile: Facsimile: IV.Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled “Completion Date.” The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: Page 3 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Christopher Dimmitt Jerry Liu City of Bremerton DKS Associates 100 Oyster Bay Ave. N.719 2nd Ave, Suite 1250 Bremerton WA 98312 Seattle WA 98104 Christopher.dimmitt@ci.bremerton.wa.us jxl@dksassociates.com (360)-473-2307 (206)-328-9800 N/A N/A V.Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, “Scope of Work”. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits “D” and “E” and by this reference made part of this AGREEMENT. A.Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the CONSULTANT’S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate, and direct non-salary costs. 1.Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals, professional, technical, and clerical personnel for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the direct salary costs billed to the AGENCY. 2.Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments shall be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this AGREEMENT, when accumulated with all other Actual Costs. A summary of the CONSULTANT’S cost estimate and the ICR percentage is shown in Exhibits “D” and “E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime and all A&E sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s fiscal year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the ICR schedule. It shall also be used for the computation of progress payments during the following year and for retroactively adjusting the previous year’s ICR cost to reflect the actual rate. The ICR schedule will be sent to Email: ConsultantRates@wsdot.wa.gov. Failure to supply this information by either the prime CONSULTANT or any of their A&E sub-consultants shall cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information is received and an overhead rate for billing purposes is approved. The AGENCY’s Project Manager and/or the Federal Government may perform an audit of the CONSULTANT’S books and records at any time during regular business hours to determine the actual ICR rate, if they so desire. 3.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. (excluding Meals, which are reimbursed at the per diem rates identified in this section) These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, and revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to the AGENCY upon request. All above charges must be necessary for the services provided under this AGREEMENT.Agreement Number: Page 4 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 4.Fixed Fee: The Fixed Fee, which represents the CONSULTANT’S profit, is shown in attached Exhibits “D” and “E” of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in the progress payments will be covered in the final payment, subject to the provisions of Section IX entitled “Termination of Agreement.” 5.Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII, “Extra Work.” 6.Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT. B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under Section III, “General Requirements” of this AGREEMENT. The billings will be supported by an itemized listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work on the PROJECT at the time of the interview. C.Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit; all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. Agreement Number: Page 5 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021          D.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the State Auditor, WSDOT’s Internal Audit Office and/or at the request of the AGENCY’s Project Manager. VI.Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII.Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s Agreement Number: Page 6 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. VIII.Nondiscrimination During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations:  Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 •Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 § 324)• 23 CFR Part 200 •Rehabilitation Act of 1973  49 CFR Part 21(29 U.S.C. Chapter 16 Subchapter V § 794) 49 CFR Part 26•Age Discrimination Act of 1975 •RCW 49.60.180(42 U.S.C. Chapter 76 § 6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX.Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to Agreement Number: Page 7 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X.Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.” XI.Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. Agreement Number: Page 8 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 XII.Legal Relations The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier. The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties. Agreement Number: Page 9 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A.Worker’s compensation and employer’s liability insurance as required by the STATE. B.Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period. C.Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence. Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile: No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way. Agreement Number: Page 10 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Christopher Dimmitt City of Bremerton 100 Oyster Bay Ave. N. Bremerton WA 98312 Christopher.dimmitt@ci.bremerton.wa.us (360)-473-2307 N/A            The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIII.Extra Work A.The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B.If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly. C.The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,” under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D.Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E.Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV.Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV.Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI.Certification of the Consultant and the Agency Attached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT. Agreement Number: Page 11 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021      XVII.Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. XVIII.Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX.Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver’s license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State’s Confidential Information. Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases. Agreement Number: Page 12 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii)is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub-consultants’ information. XX.Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period. For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings, Agreement Number: Page 13 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. “Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified. The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT. Signature Date Signature Date Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: Page 14 of 14 Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Exhibit A Scope of Work Project No. Agreement Number: Exhibit A - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 See attached. Page 1 of 12 Systemic Pedestrian Treatments- RRFB Bremerton, WA DKS Associates EXHIBIT A SCOPE OF WORK City of Bremerton - Systemic Pedestrian Treatments- RRFB Bremerton, WA September 20, 2022 Project Description The City of Bremerton (CITY) plans to add Rectangular Rapid Flashing Beacons RRFBs at eight locations throughout the City in order to assist in the enhancement of pedestrian safety. DKS Associates (CONSULTANT) will complete PS&E design package for the construction of the RRFB systems. The PS&E design will include new thermoplastic marked crosswalks and new ADA curb ramps associated with the RRFB enhanced marked crosswalks. Each location will include evaluation of existing ADA curb ramps and reconstruction of non-compliance ADA ramps within the limits of the project. Curb-bulbs and/or raised center medians may also be included in this design if found to be feasible. The eight spot locations are: • 13th Street near Chester Ave • 13th Street near Veneta Ave • Sylvan Way near Spruce Ave • Sylvan Way near Halverson Ave • Warren Ave at 4th Street/ 5th Street • Perry Ave at Stone Way • Perry Ave at Holman Street • Sheridan Road near Cherry Ave and Halverson Ave This is a federally-funded project and has a mandatory 0% DBE goal for the Preliminary Engineering phase. Specific subtasks and deliverables for this federally-funded (FHWA) project are further described in the tasks below. Project Team • Owner: City of Bremerton • Jurisdiction Agencies: City of Bremerton and WSDOT • Environmental Permitting: City of Bremerton and WSDOT • CONSULTANT: DKS Associates • Sub-CONSULTANT: KPG Psomas (Survey and Possible R/W Exhibits for TCEs) Page 2 of 12 Systemic Pedestrian Treatments- RRFB Bremerton, WA DKS Associates • Sub-CONSULTANT: Abeyta & Associates (Right-of-Way) Proposed Schedule This work should be completed within seven (7) months of Notice to Proceed (NTP). The CONSULTANT will prepare 30% design, 90% design, and final submittal packages for this project. The project schedule assumes no right-of-way phase for the project. If the project needs temporary construction easement (TCE), it will be paid by reimbursement through the grant and ROW certification. Drawing Standards All drawings will be produced and submitted in AutoCAD® 2020 format. Project Assumptions: • Budget for the project scope is based on a project schedule of 7 consecutive months. Services for bid support and construction support are included as part of this scope of work. • The included fee estimate is an estimate of how we expect to allocate our time. CONSULTANT reserves the right to move time between tasks as needed to accomplish the overall goals of the project. • It is assumed geotechnical investigations will not be needed for the CONSULTANT to produce a final design. • This project does not include ITS communication, i.e. CCTV cameras or variable message signage. • Trenching will be utilized when undergrounding of conduit is required. • Labor estimates assume that one contract bid package will be prepared representing all work items associated with the project. • Applicable CITY of Bremerton and/or WSDOT Standard Plans may be included in the Contract Provisions. • Analyses, design, plans, specifications, and estimates performed or prepared, as part of this project will be in English units. • CONSULTANT will provide design, plan set, and estimate for 30%, 90%, and 100% milestones. • CONSULTANT will provide draft specification set for 90% and 100% milestones. Page 3 of 12 Systemic Pedestrian Treatments- RRFB Bremerton, WA DKS Associates • Traffic control plans will be discussed with the CITY early on after 30% design layout and then developed to account for construction sequencing and specific to the project by the CONSULTANT for final design. • Specific locations of improvements will be located based on a construction centerline. • Plans will be prepared using AutoCAD 2020. • Special Provisions will be aligned with and relevant to the current year WSDOT Standard Specifications. • No structural design will be required. • CONSULTANT to perform and produce support documentation in support of the environmental permitting process including SEPA and NEPA. • ADA Curb Ramp designs will be in compliance with the 2005 Public Rights-Of-Way Accessibility Guidelines (PROWAG). CONSULTANT to produce a signed and stamped Maximum Extent Feasible (MEF) report if any curb ramps do not meet the 2005 PROWAG • The CITY will coordinate with PSE for utility franchising and agreements, if necessary. • The CITY will provide any pertinent record drawings, plans, reports, and information on the current project and on public works and/or private projects within the immediate vicinity of the project sites. • The CITY will provide most recent and similar federally-funded project special provisions package including the front end of the contract specs and all appendices. • The CITY will provide names of the utilities within the project limits and points of contact information to include name, email, and phone number of each known utility. The remainder utilities (if any) will be the responsibility of the CONSULTANT to obtain. • The CITY will provide City of Bremerton electronic CAD standard details, if required Page 4 of 12 Systemic Pedestrian Treatments- RRFB Bremerton, WA DKS Associates Task 1: Project Management The CONSULTANT will perform project management and administration tasks including the following: • Manage project budget and schedule • Prepare Project Management Plan • Prepare and maintain detailed project schedule • Project Kick-Off Meeting (virtual, one hour) • Submit monthly invoices with progress reports, including hours expended by major tasks • Management of Sub-consultant(s) • Design submittal QA/QC • Biweekly progress emails • Submittal meetings with the CITY (Assume three (3), one-hour virtual meetings) Task 2: Topographic survey (Subconsultant) Survey Limits: A survey will be conducted by the CONSULTANT at each of the eight RRFB locations. The survey will extend 50’ in each direction beyond the crossing along the main street, and 20’ beyond the curb return on crossing street. Lateral limits will be from 5’ beyond right of way to 5’ beyond right of way. 1. Survey Control: Existing monuments will be located, and control points set which will be used for mapping and horizontal and vertical control during construction. The survey will be oriented to horizontal and vertical datums of NAD83/2011 and NAVD88 respectively. 2. Topographic Mapping: The following items shall be mapped during field survey: a. Curbs, edge of pavement and flowline b. Face of walk and back of walk c. Curb ramps d. Driveways, stairs, bus shelters, utility poles, and other visible features e. Grade brakes f. Utility castings and street monuments g. Measure-downs on sanitary and storm sewer structures h. Trees (greater than 8” DBH) within the limits of work i. Utility locates shall be mapped – per private utility locate CONSULTANT j. Street markings and/or markings Mapping work to prepare 1” =20’ base map in AutoCAD format of the project within the limits described above. The base map will include features within the mapping area as describe above. The topo shall have existing DTM surface with 1’ contour lines. 3. Right-of-Way determination: Street rights of way will be determined based on found monuments and research of public survey records. Property lines and existing easements will be incorporated per Kitsap County GIS information. Page 5 of 12 Systemic Pedestrian Treatments- RRFB Bremerton, WA DKS Associates Task 2 Deliverables: AutoCAD Civil3D 2020 or newer in basemap for design Task 3: Crosswalk Analysis The CONSULTANT will analyze the following locations to confirm the best recommended location of the marked crosswalk and associated RRFB assembly system: • Warren Avenue at 4th Street or 5th Street • Sheridan Road near Cherry Ave and Halverson Ave This will be based on pedestrian generator locations and safety analysis. Safety analysis shall include considerations for existing or needed lighting at each location. Task 3 Deliverables: Crosswalk analysis memo (Draft and final in MS Word format as part Task 4 and Task 5 deliverables respectively) Task 4: 30% Design and Cost Estimate The CONSULTANT will prepare 30% design for each RRFB crossing. The CONSULTANT will identify if existing roadway lighting is within ten feet of each of the proposed RRFB locations. If existing power poles are within ten feet of the crossing, they will be identified and design to install arm and luminaires on existing power poles will be provided. The CONSULTANT will check sight distances at each location to ensure that motorists can see pedestrians in the crosswalk and the flashing RRFBs. Task 4 will include the following: • Design kick-off meeting with WSDOT and CITY staff • Site visit for up to two CONSULTANT staff members and site walkthrough with CITY staff to determine design layouts • 30% plan set: o Crossing location o RRFB pole location o Luminaire arm and luminaire locations o Connection to power source for illumination, where applicable o Draft curb ramp layout • Coordination with CITY Staff Task 4 Deliverables: Page 6 of 12 Systemic Pedestrian Treatments- RRFB Bremerton, WA DKS Associates • Cover Sheet • 30% RRFB layout plan in PDF Format – 1 sheet per location, 8 sheets total • ROW Plan Sheets, if needed • Cost estimate • Draft crosswalk memo • Meeting minutes Assumptions: • Each RRFB system location will require two new curb ramps, except as follows: o Warrant Ave location - the existing curb ramps are ADA compliant and no new curb ramps are anticipated to be required; o Perry Ave and Stone Way location -also, only one new curb ramp is anticipated to be required. • Up to four corners will have curb bulb-out design • No median islands will be designed as part of this scope • All RRFBs will be solar powered • No new luminaire poles will be needed. If new luminaires are needed, they will be installed on existing utility poles nearest to the enhanced marked crosswalk • No AGi Lighting analysis will be required • No drainage review and analysis will be required. A contract amendment will be prepared if drainage review is needed • CITY will provide coordination with PSE to ensure new luminaires can be mounted to their poles • CITY will coordinate with WSDOT, the CONSULTANT will only attend the kick-off meeting and provide necessary plans/exhibits to support Task 5: 90% Design The CONSULTANT will prepare 90% plans, cost estimate, and specifications for each RRFB design per and will incorporate any city’s comments from the 30% plan reviews. Plans will be drawn at a scale identified below and plotted on 11x17 sheets. The 90% plan set may include the following sheets: • Cover sheet (1 sheet, NTS) • Topo and Alignment (1 sheet per location, 8 sheets; 1”:20’) • ROW plans (3 sheets) • Site Preparation, including existing known utilities, new luminaire arm, and luminaire on power poles as necessary (1 sheet per location, 8 sheets; 1”:10’) • ADA Ramp Design and Details (1 sheet per location, 8 sheets; 1”:5’) • Roadway Channelization/Signing Plan (1 sheet per location, 8 sheets; 1”:20’) • RRFB layout sheet (1 sheet per location, 8 sheets; 1”:10’) Page 7 of 12 Systemic Pedestrian Treatments- RRFB Bremerton, WA DKS Associates • RRFB detail sheet (1 sheet, NTS) • Traffic Control Plans (8 sheets; 1”:20’) 90% design submittal will be reviewed by the CITY staff with comments provided to the CONSULTANT in three weeks. Task 5 Deliverables: • 90% Design Plan set in PDF format– 53 Sheet • 90% Cost Estimates in MS Excel format • 90% project specials in MS Word format • Crosswalk analysis memo • DRAFT MEF Document (if needed) Assumptions • Traffic control plans will be typical plans, not site-specific plans. Task 6: 100% Design and Bid Documents After the CITY provides comments from the 90% plans and specifications, the CONSULTANT will prepare 100% plans, cost estimate, and specifications and will incorporate any city’s comments into the 100% plans and Final Bid Documents for the project. Plans will be plotted on 11x17 sheets. 100% design submittal will be reviewed by CITY staff with comments provided to the CONSULTANT in three weeks. Task 6 Deliverables: • 100% Design Plan set – 53 Sheets • 100% Project specials. • Construction Cost Estimate • 90% comment response form • Curb Ramp MEF Document (If needed) • Final Bid Documents Assumptions • Traffic control plans will not be site-specific • Since any significant design revisions are anticipated to be captured in the 60% review phase of the project, CITY comments on 90% PS&E are expected to be minimal, with no significant revisions to the actual design or the PS&E package formatting • CITY comments on 100% PS&E are also expected to be minimal regarding design approach and PS&E package formatting Page 8 of 12 Systemic Pedestrian Treatments- RRFB Bremerton, WA DKS Associates Task 7: Environmental (NEPA) The CONSULTANT will assist the CITY to support WSDOT as NEPA Lead Agency with required documentation supporting a NEPA Categorical Exclusion consistent with WSDOT practices for federally- funded projects. This will include establishing the type of required environmental documentation, analyzing and documenting the relative impacts of intersection design alternatives, and making environmental commitments as needed. These efforts will be based on NEPA compliance efforts for other recent relatively minor federally- funded capital projects similar in scope, scale with no widening or right-of-way takes. This may include addressing compliance with the Endangered Species Act; Section 106 of the National Historic Preservation Act; Section 4(f) of the Department of Transportation Act, and Section 6(f) Outdoor Recreation Resources. Given the project locations in a heavily disturbed area with negligible anticipated adverse impacts on archeological or cultural, recreation, biological, or other resources that will require review by resource specialists will not be required. The CONSULTANT will attend a one (1) hour kick-off meeting with WSDOT and the CITY as part of the Environmental task. The CONSULTANT will develop an agenda for the kick-off meeting to be provided to all parties one day prior to the meeting. Task 7 Deliverables • Meeting minutes from NEPA kickoff meeting • Delineation of project Area of Potential Affect and SHPO & THPO consultation required by Section 106 of the National Historic Preservation Act • Environmental Justice Memo to File, Haz Mat Report Memo to File, and other support documentsDraft documentation supporting NEPA Categorical Exclusion • Final documentation supporting NEPA Categorical Exclusion Assumptions This scope of work is based on the following assumptions: • CITY to provide NEPA environmental documentation from recent, similar project to serve as template for NEPA submittals for this project • The proposed action will result in no significant adverse environmental impacts • No SEPA documentation is required, presuming the project is Categorically Exempt under Chapter 197-11 WAC • Tribal and DAHP consultation raise no concerns that need to be addressed by archeologists, cultural or historic resource specialists Page 9 of 12 Systemic Pedestrian Treatments- RRFB Bremerton, WA DKS Associates No adverse impacts result from review of resources protected under the Endangered Species Act; Section 4(f) of the Department of Transportation Act, and Section 6(f) Outdoor Recreation Resources. Task 8: Right-of-Way Services (Subconsultant, Assume only TCEs) Confirmation of right-of-way and property rights necessary for installation and construction of the project as requested by the CITY, including but not limited to, confirming title ownership and boundaries; creating legal descriptions and survey drawings; submittal of any permits or licenses; and acquisition of any easements that may be needed, all which will be coordinated with the CITY. ROW Plans The right-of-way needs have not yet been fully developed. The CONSULTANT will set aside a $5,500 fee for ROW confirmation, plans and obtaining title reports and should only work on it when requested by the CITY. The CONSULTANT will work with the CITY to monitor the budget and add more budget when needed. ROW Services • The right-of-way needs have not yet been fully developed. The ROW services scope was developed based on two (2) temporary construction easements in support of the CITY’s project objectives • Regarding the two (2) temporary construction easements, it is assumed they are non-complex in nature, will amount to less than $25,000 each, and therefore valuations can be provided via Administrative Offer Summary (AOS) reports. It is understood that federal funding will be a component of the program and therefore that WSDOT Right-of-Way Certification will be required Project Management • Attend kick-off meeting with the CITY to obtain further project background and discuss design impacts and communications approaches for each property/business owner and tour each project site • Lead regular acquisition status meetings, provide verbal and written status reporting • Coordinate with design team, project team, city’s public outreach teams in settlement and mitigation strategie. • Provide oversight into State and Federal compliance issues and requirements Valuation Services • Complete Administrative Offer Summaries (AOS’s) based on WSDOT and Uniform Relocation Act requirements • Perform market data research, improvements valuations, for (2) affected acquisitions Page 10 of 12 Systemic Pedestrian Treatments- RRFB Bremerton, WA DKS Associates • Integrate valuation findings into final valuation determinations and offer packages for CITY review/approval • Title Review and Offer Package Preparations • Order and review preliminary title reports, confirm vesting interest of each parcel affected • Prepare acquisition files according to WSDOT, CITY and Uniform Relocation Act standards • Prepare offer packages, conveyance documents, notices and all other documentation associated with the negotiations process. If acquisitions require the need for fee takes and permanent easements, an additional budget will be negotiated before commencing work Negotiations/Settlement Justifications • Contact property owners, impacted by CITY’s acquisition, present offer packages • Negotiate and settlement terms for TCE and/or permits, perform property research, counteroffer justifications and other data to reach settlement • Conduct a minimum of three (3) significant and meaningful contacts with each property owner before recommendation of impasse in negotiations • If it becomes apparent that negotiations have reached an impasse and sufficient time has passed for the property owner to make a settlement decision, the CONSULTANT shall provide written notice to the CITY of impasse in negotiations and recommendation for condemnation • If the CITY choses to continue negotiations as opposed to filing condemnation, an additional budget to extend negotiation efforts will be negotiated • Prepare Administrative Justification Settlement Memorandums, per CITY, WSDOT and Uniform Act requirements • Facilitate execution of all conveyance documents, prepare CITY payment vouchers and coordinate with CITY on owner settlement payments WSDOT Certification Oversight/Project Close Out • Prepare all acquisition files for WSDOT Local Area Coordinator (LAC) Review • Coordinate with WSDOT LAC on certification issues and concerns that arise, as needed • Provide CITY with final, closed out, acquisition files, both digital and hard copies Assumptions • All negotiations shall follow the CITY’s approved ROW procedures. This includes negotiations being conducted by a WSDOT certified real estate agent and diaries kept for all interactions with property owners • Any title clearance to be performed by CITY • Right-of-way plans and right of way legal descriptions to be provided by CONSULTANT’s team • CITY will facilitate payment of claims to affected property owners Page 11 of 12 Systemic Pedestrian Treatments- RRFB Bremerton, WA DKS Associates • Consultant will order and pay for up to (2) Preliminary Title Reports (PTR’s) necessary to confirm all affected ownerships. Cost of PTR’s is included in this Scope and Fee Proposal. Any title clearance action is not included in this scope of work • All valuations are assumed to less than $25,000. If above, scope and fee proposal is subject to revision to account for appraisal and appraisal review costs, per Uniform Act Requirements. An additional budget to include appraisal fees will be negotiated prior to commencing work • Scope and Fee Proposal is based on design assumptions understood at the time of this submittal Task 8 Deliverables: • Draft ROW plans – in conjunction with the 30% milestone • Final ROW plans – in conjunction with 100% PS&E milestone • Developing project funding estimate (PFE) for WSDOT approval • Obtaining ROW certification from WSDOT for the project • Permitting, licensing, recording fees or closing costs are not included. Task 9: Bid support The CONSULTANT will be available by phone and email to respond to contractor questions during the bidding period. All questions will be documented by the CITY and forwarded to the CONSULTANT for processing. Up to three (3) addenda may be processed (including up to two plan sheets). The CONSULTANT will draft addendums, if any, and forward to the CITY for processing. Task 9 Deliverables: • Prepare Responses to Bidder Questions • Prepare up to three (3) Addendums Task 10: Engineering support during construction The CONSULTANT shall review and approve select material submittals by the contractor. All submittals will be documented by the CITY and forwarded to the CONSULTANT as needed. Consultant shall review only the submittals provided to them by the CITY. The CONSULTANT shall respond to RFIs forwarded by the CITY when submitted by the contractor. All RFIs will be documented by the CITY and forwarded to the CONSULTANT as needed. Assumptions: Page 12 of 12 Systemic Pedestrian Treatments- RRFB Bremerton, WA DKS Associates • Up to 6 submittals including resubmittals resulting from comments, 2 hours each • Up to four (6) RFIs. Assuming 3 hrs. per RFI • Up to 8 hours for non-formal request for information via phone calls and emails • Up to two design changes, with a total of up to four (4) plan sheets Task 10 Deliverables: • RAM review responses • RFI review responses and • Design changes Task 11: Management Reserve Fund A Management Reserve Fund (MRF) (dollar amount per contract) is to be utilized only for unforeseen added work that is not included in this AGREEMENT. The CONSULTANT shall obtain written authorization from the CITY prior to doing any work under MRF. CONSULTANT compensation for work done under MRF must be approved by the CITY prior to doing the work. Exhibit B DBE Participation Agreement Number: Exhibit B - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 Not Required. Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following: I.Surveying, Roadway Design & Plans Preparation Section A.Survey Data B.Roadway Design Files C.Computer Aided Drafting Files Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 4 Topo Basemap will be in Civil 3D 2020 or compatible. See Scope of Work in Exhibit A Roadway design files will be in Civil 3D 2020 or compatible. See Scope of Work in Exhibit A All design plans shall be in AutoCAD 2020 or compatible format. See Scope of Work in Exhibit A D.Specify the Agency’s Right to Review Product with the Consultant E.Specify the Electronic Deliverables to Be Provided to the Agency F.Specify What Agency Furnished Services and Information Is to Be Provided Agreement Number: Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 4 See Exhibit A. Electronic deliverable will be PDF, DWG files in AutoCAD 2020 or compatible. See Scope of Work in Exhibit A The Agency has the right to review and comment on all submittals. See Scope of Work in Exhibit A See Scope of Work in Exhibit A II.Any Other Electronic Files to Be Provided III.Methods to Electronically Exchange Data Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 3 of 4 Email, Basecamp, Google drive, Bluebeam, flashdrive, Dropbox.See Scope of Work in Exhibit A See Scope of Work in Exhibit A A.Agency Software Suite B.Electronic Messaging System C.File Transfers Format Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 4 of 4 Emails: outlook or Gmails. See Scope of Work in Exhibit A Various; See Scope of Work in Exhibit A AutoCAD and Civil 3D 2020 or compatible; MS office 2010 or compatible. See Scope of Work in Exhibit A Exhibit D Prime Consultant Cost Computations Agreement Number: Exhibit D - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 See attached Exhibit D Prime Consultant Cost Computations. EXHIBIT DDRAFT HOUR AND FEE ESTIMATE Project: City of Bremerton 20-Sep-22 DKS Associates Total Fee Principal Project Senior Project Assistant CAD Project Effective Task Engineer Manager Engineer Engineer Engineer Technician Coordinator Admin Direct Overhead Profit multiplier 98.04$ 71.23$ 52.79$ 51.25$ 41.87$ 31.68$ 38.00$ 34.14$ Hours Labor Cost 181.87% 28% 3.0987 Task 1 - Project Management 1.1 General Project Management 1 20 12 0 0 0 6 6 45 2,588.96 4,708.54 724.91 8,022.41 1.2 QA/QC 2 16 8 0 0 0 4 0 30 1,910.08 3,473.86 534.82 5,918.76 1.3 Coordination and Meetings (3) 0 10 6 1 0 0 3 0 20 1,194.29 2,172.06 334.40 3,700.75 3 46 26 1 0 0 13 6 95 5,693.33 10,354.46 1,594.13 17,641.92 Task 2 - Topographic Survey KPG Task 3 - Crosswalk analysis 3.1 Safety analysis 1 1 6 1 9 514.77 936.21 144.14 1,595.12 3.2 Draft Crosswalk analysis memo 2 3 4 6 1 1 17 826.73 1,503.57 231.48 2,561.79 1 3 3 10 6 1 2 0 26 1,341.50 2,439.79 375.62 4,156.91 Task 4: 30% Design and Cost Estimate 4.1 Site visit and design coordination 10 10 20 1,131.00 2,056.95 316.68 3,504.63 4.2 30% Plans 1 10 26 46 36 119 5,249.38 9,547.05 1,469.83 16,266.25 4.3 Cost estimate 1 4 8 16 29 1,475.20 2,682.95 413.06 4,571.20 2 24 34 0 72 36 0 0 168 7,855.58 14,286.94 2,199.56 24,342.09 Task 5: 90% Design 5.1 90% Design Plans 1 12 40 112 82 247 10,351.60 18,826.45 2,898.45 32,076.50 5.2 90% Specifications 1 12 28 4 45 2,582.92 4,697.56 723.22 8,003.69 5.3 90% Construction Cost Estimate 1 4 8 18 31 1,558.94 2,835.24 436.50 4,830.69 5.4 Draft MEF Document 2 8 10 4 1 25 1,148.20 2,088.23 321.50 3,557.93 3 30 84 0 140 86 5 0 348 15,641.66$ 28,447.49$ 4,379.66$ 48,468.81$ Task 6: 100% Design 6.1 100% Design Plans 1 6 22 54 42 125 5,278.34 9,599.72 1,477.94 16,355.99 6.2 100% Specifications 1 8 4 4 17 1,031.04 1,875.15 288.69 3,194.88 6.3 100% Construction Cost Estimate 2 6 10 18 877.90 1,596.64 245.81 2,720.35 6.4 Final MEF Document 1 4 4 1 10 487.87 887.29 136.60 1,511.76 6.5 Bid Ready Package 6 14 16 4 1 41 2,001.08 3,639.36 560.30 6,200.75 2 23 50 0 84 46 6 0 211 9,676.23$ 17,598.16$ 2,709.34$ 29,983.73$ Task 7: Environmental (NEPA) 7.1 Section 106 consultation 2 4 16 4 26 1,341.10 2,439.06 375.51 4,155.67 7.2 Environmental research, analysis and documentation 4 24 4 32 1,666.92 3,031.63 466.74 5,165.29 0 6 4 40 4 0 4 0 58 3,008.02$ 5,470.69$ 842.25$ 9,320.95$ Task 8 - Right-of-Way Services 8.1 ROW Plans (KPG) 8.2 ROW Services (Abeyta) 0000 0 0 0 00 -$ -$ -$ -$ Task 9 - Bid Support 9.1 Bid support and Addendums 2 8 6 3 1 20 949.04 1,726.02 265.73 2,940.79 0 2 8 0 6 3 1 0 20 949.04$ 1,726.02$ 265.73$ 2,940.79$ Task 10 - Engineering Support During Construction 10.1 Submittal Review 2 7 2 1 12 633.73 1,152.56 177.44 1,963.74 10.2 RFI Response 2 8 6 2 18 892.00 1,622.28 249.76 2,764.04 10.3 Informal RFIs 2 6 8 459.20 835.15 128.58 1,422.92 10.4 Design Changes 2 10 12 8 32 1,426.24 2,593.90 399.35 4,419.49 0 8 31 0 20 8 3 0 70 3,411.17$ 6,203.89$ 955.13$ 10,570.19$ Task 11 - Management Reserve Fund 20,004.48$ SUM 11 134 228 11 322 177 29 6 918 44,568.51$ 79,330.73$ 12,213.45$ 167,429.87$ Sub Consultants: KPG PSOMAS: Task 2 - Topographic Survey 27,173.47$ KPG PSOMAS: Task 8.1 - ROW Plans 5,500.00$ Abeyta: Task 8.2 - ROW services 19,345.91$ ODC: Milage/Print 600.00$ Grand Total 220,049.25$ Task Total Systemic Pedestrian Treatments RRFB Labor Hour Estimate Task Totals Task Total Description Task Total Task Total Task Total Task Total Task Total Task Total Task Total Task Total City of Bremerton Page 1 of 1 DKS 9/20/2022 October 15, 2021 DKS Associates, Inc. 720 SW Washington Street, Suite 500 Portland, OR 97205 Subject: Acceptance FYE 2021 ICR CPA Report Dear Mike Thomas: We have accepted your firms FYE 2021 Indirect Cost Rate (ICR) of 181.87% of direct labor (rate includes 0.11% Facilities Capital Cost of Money) Moss Adams, LLP. This rate will be applicable for WSDOT Agreements and Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with the firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Exhibit E Sub-consultant Cost Computations If no sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT. Agreement Number: Exhibit E - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 See attached Exhibit E Sub-consultant Cost Computations. Scope of work presented in Exhibit A will govern over the Sub-consultants' scope of work presented in Exhibit E. Prepared for: DKS Proposal City of Bremerton - Systemic Pedestrian Treatments- RRFB NEGOTIATION SERVICES $61.53 $50.32 SR Item 1: Project Administration Prop Mgt Admin SR/PM Agent Acq Agent Acq Agent Title REO Escrow Total Coord with City and DKS 5 0 5 Certification Assistance / Coordination with City and WSDOT - (2) TCE(s)6 0 6 Clerical - 0 0 0 Contract Admin and Management of overall ROW activities 10 1 11 Administrative Offer Summary Reports (2) TCE(s) 8 12 20 Progress Reporting, Meetings & Kick-off Meetings 7 0 7 Prepare one ROW Funding Estimate - (2) TCE(s) 4 0 4 Coord w/Subconsultants- 0 0 0 Hours:0 0 40 13 0 0 0 0 53 Direct Labor $:0.00 0.00 2,461.20 654.16 0.00 0.00 0.00 0.00 3,115.36$ Item 2: Right-of-Way Acquisition Title, Plans, and Appr. Review 8 8 16 Pre-Offer/File Setup/Document Prep - 2 packages/files for (2) TCE(s) 9 9 18 Negotiations (TCEs from two tax parcels)18 18 36 Administrative Settlement Memorandums (1 Parcel)5 Clearing Title 0 0 0 Condemn Support - 0 0 0 Data/file & Diary Management, Maintenance for City & WSDOT 6 6 12 Hours:0 0 46 41 0 0 0 0 87 Direct Labor $:0.00 2,830.38 2,063.12 4,893.50$ Direct Labor Totals: Hours:0 0 86 54 0 0 0 0 140 Dollars:0 0.00 5,291.58 2,717.28 0 0 0 0 8,008.86$ Direct Salary Cost:8,008.86$ Per Parcel Breakdown:Direct Labor Rate: 8,008.86$ Summary Audited Overhead Rate:110%8,809.75$ Direct Salary Cost 8,008.86$ Profit:26%2,082.30$ Overhead Cost @ 110.00%8,809.75$ Composite Multiplier:136%18,900.91$ Fee @ 30%2,082.30$ *Total Labor Fee:18,900.91$ Labor 18,900.91$ Expenses: Expenses 445.00$ Review Appraisal -$ Subconsultant -$ Appraisal -$ Contract Total 19,345.91$ Mileage/Travel 275.00$ Reprographic, Copy, & Printing 75.00$ Courier Overnight Postage 95.00$ Subtotal:445.00$ *TOTAL 19,345.91$ Abeyta Associates 8/5/2022 Page1 EXHIBIT E: ABEYTA EXHIBIT D PRIME CONSULTANT COST COMPUTATIONS Client: DKS Project: Bremerton Systemic Pedestrian Treatments RRFB DATE: August 2022 Survey ManagerSurvey Crew II (W/Equip)Survey Crew I (W/Equip)Project SurveyorSenior Survey Technician$82.73 $82.00 $64.50 $54.06 $45.12 Hours Fee Topographic Survey (50' from each crossing) 3 8 32 43 2,968.19$ Survey Utility Locate Marks (see Utility Locator below) 2 8 10 681.46$ Base Map Preparation 3 20 40 63 3,134.19$ 8 8 40 20 40 116 6,783.84$ 8 8 40 20 40 116 6,783.84$ ICR Overhead @ 1.7337% = 11,761.14$ Fixed Fee @ 28% = 1,899.48$ Total KPG (DL + OH + Fixed Fee) = 20,444.46$ Utility Locator 2,850.00$ 2,850.00$ Mileage at current IRS rate 350.00$ Reproduction Allowance 50.00$ 400.00$ 23,694.46$ Task No.Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task Task 1 Topographic Survey Task Total Total Estimated Budget Total Labor Hours and Fee Subconsultants Total Subconsultant Expense Reimbursable Direct Non-Salary Costs Total Reimbursable Expense July 20, 2021 KPG, P.S. 3131 Elliott Avenue, Suite 400 Seattle, WA 98121 Subject: Acceptance FYE 2020 ICR Risk Assessment Review Dear Susan Rowe: Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed FYE 2020 ICR of 167.61%. This rate will be applicable to Local Agency Contracts in Washington only. This rate may be subject to additional review if considered necessary by WSDOT. Your ICR must be updated on an annual basis. Costs billed to agreements/contracts will still be subject to audit of actual costs, based on the terms and conditions of the respective agreement/contract. This was not a cognizant review. Any other entity contracting with your firm is responsible for determining the acceptability of the ICR. If you have any questions, feel free to contact our office at (360) 705-7019 or via email consultantrates@wsdot.wa.gov. Regards; ERIK K. JONSON Contract Services Manager EKJ:ah Agreement Number ____________ Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX A During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1.Compliance with Regulations: The contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, (Title of Modal Operating Administration), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2.Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. [Include Modal Operating Administration specific program requirements.] 3.Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin. [Include Modal Operating Administration specific program requirements.] 4.Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the (Title of Modal Operating Administration) to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the Recipient or the (Title of Modal Operating Administration), as appropriate, and will set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non- discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the (Title of Modal Operating Administration) may determine to be appropriate, including, but not limited to: a.withholding payments to the contractor under the contract until the contractor complies; and/or b.cancelling, terminating, or suspending a contract, in whole or in part. 6.Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States. Local Agency A&E Professional Services Agreement Number ____________ Negotiated Hourly Rate Consultant Agreement Revised 02/01/2021 Exhibit F - Title VI Assurances Appendix A & E APPENDIX E During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non-Discrimination Authorities: •Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. •The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); •Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); •Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; •The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); •Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); •The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); •Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; •The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); •Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; •Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); •Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Exhibit G-2 Exhibit G-3 Exhibit G-4 Certification of __City of Bremerton______________ Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying Certificate of Current Cost or Pricing Data Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1      Exhibit G-1(a)  Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of whose address is and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 DKS Associates 719 2nd Avenue, Ste. 1250, Seattle, WA 98104 Washington State Department of Transportation DKS Associates      Exhibit G-1(b)  Certification of I hereby certify that I am the: Other of the , and or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Signature Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Mayor City of Bremerton DKS Associates (Consultant)               Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions I.The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A.Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; B.Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C.Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and D.Have not within a three (3) year period preceding this application / proposal had one or more public transactions (Federal, State and local) terminated for cause or default. II.Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 DKS Associates                     Exhibit G-3  Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, 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 any 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 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 Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 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 is 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 $10,000.00, and not more than $100,000.00, for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier sub-contracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly. Consultant (Firm Name) Signature (Authorized Official of Consultant) Date Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 DKS Associates              Exhibit G-4  Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer ’s representative in support of * are accurate, complete, and current **as of . This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing rate AGREEMENT’s between the offer or and the Government that are part of the proposal. Firm: Signature Title Date of Execution***: *Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.) **Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached. ***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to. Agreement Number: Exhibit G - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 10/03/2022 Systemic Pedestrian Treatment - RRFB DKS Associates Exhibit H Liability Insurance Increase To Be Used Only If Insurance Requirements Are Increased The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ . The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ . Such insurance coverage shall be evidenced by one of the following methods: •Certificate of Insurance. •Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds. Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit. If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required. Notes: Cost of added insurance requirements: $ .  Include all costs, fee increase, premiums.  This cost shall not be billed against an FHWA funded project. •For final contracts, include this exhibit. Agreement Number: Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 1 No Change No Change N/A Exhibit I Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios:  It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point.  It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant’s agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required.  There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Agreement Number: Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement.  If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue.  If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency’s project manager. The consultant’s claim must outline the following: •Summation of hours by classification for each firm that is included in the claim;  Any correspondence that directed the consultant to perform the additional work;  Timeframe of the additional work that was outside of the project scope; •Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and  Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency’s project manager. The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s) If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following:  Copy of information supplied by the consultant regarding the claim; •Agency’s summation of hours by classification for each firm that should be included in the claim;  Any correspondence that directed the consultant to perform the additional work; •Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; •Explanation regarding those areas in which the Agency does/does not agree with the consultant’s claim(s);  Explanation to describe what has been instituted to preclude future consultant claim(s); and  Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: Exhibit J - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 02/01/2021 Page 2 of 2 FISCAL SUMMARY Systemic Pedestrian Treatment – Rectangular Rapid Flashing Beacon (RRFB) Project The Systemic Pedestrian Treatment – RRFB Design was originally budgeted in Real Estate Excise Tax (REET) for $8,000 with remainder of the design estimate being 100% grant funded. The total estimated cost to complete the design was updated from the original grant submission to include city staff costs, ROW support, Bid support, and construction services. The City applied for and received supplemental funding from WSDOT in the amount of $171,025 with no City match. The resulting cost of the design is now estimated at $243,025. The additional funding sources are proposed as follows: Fund Source 2022 CIP ($) Increase/Decrease ($) Revised Amount ($) HSIP Grant $72,000 $171,025* $243,025 Real Estate Excise Tax (REET) $8,000 $-8,000 $0 Total $80,000 $163,025 $243,025 *Supplemental federal aid grant received by WSDOT for design cost overage Funded by Washington State Department of Transportation (WSDOT) and Federal Highway Administration (FHWA) HSIP Grant Funds •City applied for and City Council accepted HSIP funds on 3/3/2021 •Project Selection was based on Local Road Safety Report •City awarded $72,000 for Design in 2020 •City requested and was awarded additional $171,025 in Federal Funds with 0% city match to cover COVID- 19 impacts and inflation costs. •Total Grant Award for design of the project is $243,025 •DKS Contract = $200,049.25 •Contract includes design, ROW acquisition support, and construction support •Design 2022-2023, Construction 2023-2024 •Improved “yield to pedestrian compliance from motorists” •Increased visibility and awareness of pedestrian and bicyclists who wish to cross the street •Clearly communicates with approaching motorists that there may be someone in the marked crosswalk when the beacons are flashing, reducing the threat of a rear-end crash for motorists who are yielding to a path user Location 1 –13 th and Chester Location 2 –13 th and Veneta Location 3 –Sylvan and Spruce Location 4 –Sylvan and Halverson Location 5 –Warren and 4th Location 6 –Perry and Stone Way Location 7 –Perry and Holman Street Location 8 –Sheridan at Cherry/Halverson AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 26, 2022 Local Programs State Funding Agreement with the WA State Department of Transportation for the View Ridge Elementary to Almira Drive Safe Routes to School Project COUNCIL MEETING Date: November 2, 2022 Department: Public Works & Utilities Presenter: Nick Ataie Phone: (360) 473-2306 SUMMARY: The City has been offered a Safe Routes to School (SRTS) Grant through the Washington State Department of Transportation (WSDOT) to perform preliminary engineering, acquire right of way, and construct improvements for the project. The project improvements include sidewalk, shared-use paths, ADA curb ramps, rectangular rapid flashing beacon crosswalks, speed feedback signs, pedestrian lighting, bicycle lanes, and traffic calming considerations at identified locations in the vicinity of View Ridge Elementary. The grant amount is $4,155,000 and will require a minimum City match of $645,000 for a total amount of $4,800,000. Additional work not included in the grant is reconstruction of Almira Drive - this work is estimated at $1,000,000. The offered grant will be in WSDOT Standard Forms, with their standard terms and conditions. The project is scheduled for design and right of way acquisition from 2023-2025 and construction in 2026. ATTACHMENTS: 1) Grant Award Letter, 2) Site Plan, 3) Local Programs State Funding Agreement (blank) FISCAL IMPACTS (Include Budgeted Amount): The project is included in the proposed 2023 budget. The total project cost is estimated at $5,800,000, with $5,050,000 in the Transportation Capital Fund, and $750,000 in the Stormwater Capital Fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Safe Routes to School Grant Agreement with the Washington State Department of Transportation; 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 June 10, 2022 Mr. Thomas Knuckey Public Works Director City of Bremerton 100 Oyster Bay Avenue N Bremerton, Washington 98312 City of Bremerton View Ridge Elementary - Almira Dr. Safe Routes to School 2021-23 Safe Routes to School Program State Funding Dear Mr. Knuckey: WSDOT is pleased to advise you that the above-mentioned project was selected to receive funding through the Safe Routes to School program. The state funding is limited as shown below: View Ridge Elementary - Almira Dr. Safe Routes to School $4,155,000 Scope: See attached project summary. In order to meet state requirements, the following are required: Project expenditures incurred before receiving notice from Local Programs of state fund authorization are not eligible for reimbursement. Please refer to the Local Programs webpage for detailed authorization information, including: (https://wsdot.wa.gov/business-wsdot/support-local-programs) Local Agency Guidelines (LAG) manual for detailed requirements. Transportation Improvement Program (TIP) and Statewide Transportation Improvement Program (STIP) amendments, as applicable. Funding and billing forms. Local Project Report required to be completed by the end of June and December each year. To access the database, you will need an account name and password. Your account name is Bremerton and your password is Breme898. The password is case sensitive. As a reminder, Local Programs encourages all agencies to submit monthly progress billings to ensure timely reimbursement of eligible expenditures. For assistance please contact Bryan Dias, your Region Local Programs Engineer, at 360.357.2631. Sincerely, Jay Drye, PE Director Local Programs JB:st:ml Attachment cc: Kelly McGourty, Transportation Director, PSRC Bryan Dias, Olympic Region Local Programs Engineer, MS 47440 State Department of Transportation Local Programs State Funding Agreement Work by Public Agencies Agency and Address Agreement Number Maximum Amount Authorized Participating Percentage Project Number Location and Description of Work (See also Exhibit “A”) This AGREEMENT is made and entered into between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the “STATE,” and the above named organization, hereinafter call the “AGENCY.” WHEREAS, the AGENCY is planning the work shown above, and in connection therewith, the AGENCY has requested financial assistance for the project or program, and WHEREAS, the AGENCY has requested funds for the above shown project or program, which has been selected by the STATE for funding assistance. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREE AS FOLLOWS: Type of Work PE a. Agency Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated State Funds b. Other c. Other d. State Services e. Total PE Cost Estimate (a+b+c+d) Right of Way f. Agency g. Other h. Other i. State Services J. Total R/W Cost Estimate (f+g+h+i) Construction k. Contract l. Other m. Other n. Other o. Agency p. State Services q. Total CN Cost Estimate (k+l+m+n+o+p) r. Total Project Cost Estimate (e+j+q) DOT Form 140-087 Revised 06/2022 Page 1 0 0 0 0 0 0 0 0 0 0 0 0 _________________________________________________ ___________________________________ _________________________________________________ ___________________________________ I General The AGENCY agrees to perform the above described work in accordance with the Project Application attached hereto as “Exhibit A” and made a part of this AGREEMENT. Plans, specifications, and cost estimates shall be prepared by the AGENCY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction and adopted design standards, unless otherwise noted. The AGENCY will incorporate the plans and specifications into the AGENCY’s project and thereafter advertise the resulting project for bid and, assuming bids are received and a contract is awarded, administer the contract, or if the project is of a size which the AGENCY is authorized to perform with its own forces under the laws of the State of Washington, the AGENCY may proceed with its own forces. All work performed under this AGREEMENT shall comply with the applicable provisions of state law. II Payment The STATE, in consideration of the faithful performance of the work to be performed by the AGENCY, agrees to reimburse the AGENCY for the percentage of the actual direct and related indirect cost of the work shown above, up to the “MAXIMUM AMOUNT AUTHORIZED”. The agency will comply with Governmental Accounting Auditing and Financial Reporting Standards and applicable state law and local regulations, policies and procedures. No payment will be made for work done prior to execution of this AGREEMENT. Partial payments shall be made by the STATE, upon request of the AGENCY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The AGENCY agrees to submit a final bill to the STATE within forty-five (45) days after the AGENCY has completed work. The AGENCY agrees that all costs in excess of the amount authorized and the AGENCY’s matching funds shall be the responsibility of the AGENCY. III Audit The AGENCY agrees that an audit may be conducted by the STATE. During the progress of the work and for a period not less than three (3) years from the date of final payment to the AGENCY, the records and accounts pertaining to the work and accounting thereof are to be kept available for inspection and audit by the STATE and copies of all records, accounts, documents, or other data pertaining to the project will be furnished upon request. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until all litigation, claim, or audit finding has been resolved even though such litigation, claim, or audit continues past the three-year retention period. IV Legal Relations No liability shall attach to the AGENCY or the STATE by reason of entering into this AGREEMENT except as expressly provided herein. V Nondiscrimination The AGENCY agrees to comply with all applicable state and federal laws, rules, and regulations pertaining to nondiscrimination and agrees to require the same of all subcontractors providing services or performing any work using funds provided under this AGREEMENT. VI Venue For the convenience of the parties to this AGREEMENT, it is agreed that any claims and/or causes of action which the AGENCY has against the STATE, growing out of this AGREEMENT or the project or program with which it is concerned, shall be brought only in the Superior Court for Thurston County. VII Termination The Secretary of the Department of Transportation may terminate this AGREEMENT if the funding becomes unavailable or if the Secretary determines that it is in the best interest of the STATE. VIII Final Report and Final Inspection Within ninety (90) days following the completion of the project and submission of the final billing for the project, a final report and/or final inspection shall be submitted to the Director, Highways & Local Programs containing the following information: Non-Capital Projects 1. A description of the project or program. 2. A summary of actual costs of the project or program. 3. An evaluation of the project or program. This should address aspects such as transportation and/or other benefits to the public. Capital Projects 1. A final inspection is required. IX Supplement This agreement may be modified or supplemented only in writing by parties. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year last written below. AGENCY By: Title: Agency Date: S TATE By: Director, Local Programs Date: DOT Form 140-087 Revised 06/2022 Page 2 View Ridge Elementary Safe Routes to School Project City Council Study Session Wednesday, October 26, 2022 AGENDA BILL DATE(S) Council Meeting:November 2, 2022 AGENDA BILL SUBJECT Accept Safe Routes to School (SRTS) Grant and approve agreement with WSDOT for the View Ridge Elementary –Almira Dr SRTS Project PRESENTER Nick Ataie –Project Manager 360.473.2306 nick.ataie@ci.Bremerton.wa.us Item Background Safe Routes To School (SRTS) Overview •Provides funding to facilitate projects and activities which improve safety for children walking and bicycling to/from school Application Process •Through WSDOT –Competitive Call for Projects Process (Typical 2-year cycle) Program Award Overview •$4,155,000 in SRTS funding offered by WSDOT to the City for Phase 1 (State Funding) •Minimum City match of $645,000 required (13.5%) •Non-eligible project costs (e.g. pavement reconstruction, City utility improvements, etc.) must be 100% funded by City Project Limits (“Phase 1”) •Planned improvements include portions of Spruce Ave, E 33rd St, Sylvan Way, and Almira Dr •Location of proposed shared- use path (shown in blue dash) subject to evaluation during design. Project Location Anticipated Project Schedule:Jul 2020City Application for Project GrantJul 2022Notice of Grant AwardNov 2022City Grant AcceptanceBegin Engineering Design Summer 2025Pre- Construction Approvals Early 2026Start of Construction Engineering Design Franchise Utility Coordination Right-of-Way Current ProgressNov 2022Engineering SolicitationEarly 2023Late 2022Engineering ContractOngoing Public Outreach During Design Environmental Permitting AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 26, 2022 Agreement with Prospect Construction, Inc for the Pump Station 14 Relocation Project COUNCIL MEETING Date: November 2, 2022 Department: Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: This project involves the relocation and replacement of the existing Pump Station 14 with a new pump station that pumps from the E240 zone to the E398 zone. The new pump station will be located on City owned property near the intersection of Wheaton Way and Schley Blvd. This project also includes water main improvements to complete the loop between Homer Jones Drive and Schley Blvd. Five (5) bids were submitted, which were opened on October 13, 2022. The lowest responsive and responsible bid was received from Prospect Construction, Inc. in the amount of $2,694,200.96, including sales tax. ATTACHMENTS: 1) Agreement; 2) Vicinity Map; 3) Bid Tabulation; 4) Fiscal Summary FISCAL IMPACTS (Include Budgeted Amount): The budgeted amount in the 2023 Water Capital Budget is $1,988,213.00. This amount is estimated to be exceeded by $700,000. The cost increase will be funded within the 2023 Water Capital Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the agreement for the Pump Station 14 Relocation Project to Prospect Construction, Inc. in the amount of $2,694,200.96 (including sales tax); 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 A3 PUMP STATION 14 RELOCATION AGREEMENT FORMS SEPTEMBER 2022 00 52 00-1 AGREEMENT FORMS SECTION 00 52 00 THIS AGREEMENT is dated the day of in the year 2022 by and between City of Bremerton (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER 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 OWNER's Contract Documents titled Pump Station 14 Relocation. ARTICLE 2. CONTRACT TIMES. Substantial Completion for the WORK must be achieved not later than 450 calendar days from the date of Notice to Proceed. Final Completion and Acceptance of the Work must be achieved no later than 30 calendar days after Substantial Completion. ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence of 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 Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the CITY $1000 per day that expires after the time specified in Article 2. Liquidated damages will begin to accrue on the calendar day immediately following the Substantial or Contractual Completion Date. ARTICLE 4. CONTRACT PRICE. OWNER 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 the Special Provisions. (Contractor Initials) Prospect Construction, Inc. PUMP STATION 14 RELOCATION AGREEMENT FORMS SEPTEMBER 2022 00 52 00-2 ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (Section 00 52 00) and the following attachments to this Agreement: •Notice Inviting Bids (Section 00 11 16) •Instructions to Bidders (Section 00 21 13) •Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00 41 00) •Performance Bond (Section 00 61 13.13) •Payment Bond (Section 00 61 13.16) •General Conditions (Section 00 72 00) •Supplementary Conditions (Section 00 73 00) •Technical Specifications as listed in the Table of Contents, including appendices •Drawings as listed in the List of Drawings •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 Paragraph 3.04 of the General Conditions. ARTICLE 7. WAIVER OF IMMUNITY. The CONTRACTOR and OWNER 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. The CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification in Section 6.20 of the General Conditions and the Supplementary Conditions. The provisions of this article shall survive the termination of this agreement. (Contractor Initials) 1 4 PUMP STATION 14 RELOCATION AGREEMENT FORMS SEPTEMBER 2022 00 52 00-3 ARTICLE 8. SUSPENSION OF WORK AND TERMINATION The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement as indicated in Article 15 of the General Conditions and Supplementary Conditions. ARTICLE 9. 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 OWNER, 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 OWNER 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. OWNER 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, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER : City of Bremerton CONTRACTOR (Signature) (Signature) By By (Printed Name) [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: (Signature) Agent for service of process: (Title) Prospect Construction, Inc Greg Wheeler PROPOSED PUMP STATION SITE FISCAL SUMMARY PUMP STATION 14 RELOCATION PROJECT Due to increased costs from inflation and supply chain disruptions, the cost to complete the Pump Station 14 Relocation Project has increased significantly from 2020 to 2022. The amounted budgeted in the 2023 Water Capital Budget was $1,988,213 and based on an estimate from 2020. The revised amount to complete the work, which is based on an actual bid from Prospect Construction, is $2,615,710 in 2023 and $235,120 in 2024. The following tables show the breakdown for the increased costs. REMAINING COSTS TO COMPLETE PROJECT (2022-2024) BY COST ITEM Cost Item Est. Cost to Complete City Labor $150,000 Construction** $2,694,000 Consultant $60,000 Other $35,000 TOTAL $2,939,000 DISTRIBUTED ANNUALLY Year Est % Amount 2022 3% $88,170 2023 89% $2,615,710 2024 8% $235,120 TOTAL 100% $2,939,000 BUDGETED VS. REVISED Item 2022 2023 2024 TOTAL (2022- 2024) Budgeted in current CIP $100,000 $1,988,213 $0 $2,088,213 Estimated revised $88,170 $2,615,710 $235,120 $2,939,000 DIFFERENCE ($11,830) $627,497 $235,120 $850,787 **Based on bid from Prospect Construction AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 26, 2022 Three Year Generator Service and Maintenance Agreement with Cummins, Inc. COUNCIL MEETING Date: November 2, 2022 Department: PW&U/WWTP Presenter: Eric J. Burris Phone: (360) 473-5448 SUMMARY: The WWTP has a total of 26 emergency generators at various lift stations across the City. The generators are critical for lift stations during power outages. This multi-year contract will ensure the generators are fully serviced annually by factory trained technicians. WWTP staff received a quote from Cummins, Inc. in the amount of $209,280.87 including applicable sales tax. ATTACHMENTS: 1) Sales Quote from Cummins, Inc.; 2) Sole Source Memo FISCAL IMPACTS (Include Budgeted Amount): This contract is budgeted through Fund 451. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of a three-year Generator Service and Maintenance Contract with Cummins, Inc. 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 A4 9/6/2022 CITY OF BREMERTON - WASTE WATER TREATMENT PLANT 1600 OYSTER BAY AVE S BREMERTON, WA 98312 RE: Planned Maintenance Proposal Dear Kevin Golnik, Cummins Sales and Service is a premier engine and power generation systems provider committed to delivering fast and proven solutions to our customers. We are pleased to offer you a Planned Maintenance Proposal for your review and approval. Due to the critical nature of your standby power system, this Agreement was developed based on your specific needs and equipment to ensure maximum performance and reliability. Benefits of Planned Maintenance Improves system reliability. Maintenance performed by certified technicians specifically trained in power generation. PM customers receive preferred service for unscheduled emergency repairs. Creation of a service record for customer equipment. Additional maintenance recommendations documented at that time. Scheduling managed by Cummins Sales and Service to ensure timely maintenance intervals. Eliminates administrative burden, covers equipment from multiple vendors. Please sign, date and return the enclosed Agreement to our office along with any purchase documentation necessary so we can tend to your servicing needs. Should you have any questions or require additional information on any subject relating to your equipment, please feel free to contact me. We look forward to the opportunity to earn your trust and business. Sincerely, Travis Neely Travis Neely Sales Manager Western US Office: (830) 327-8794 Cell: (830) 327-8794 Email: travis.neely@cummins.com Cummins Inc. 1800 Fryar Ave Sumner, WA 98390 Phone: (425) 235-3400 Fax: (425) 254-8964 PLANNED EQUIPMENT MAINTENANCE AGREEMENT Customer Address Customer Contact Quote Information CITY OF BREMERTON - WASTE WATER TREATMENT PLANT 1600 OYSTER BAY AVE S BREMERTON, WA 98312 Customer #: 256430 Payment Type: Pay As You Go Name:Kevin Golnik Quote Date:9/6/2022 Phone:(360) 340-2654 Quote Expires:11/5/2022 Cell:Quote ID:QT-7222 Fax:(360) 473-5455 Quoted By:Travis Neely E-mail:kevin.golnik@ci.bremerton.wa.usQuote Term:3 Year Site Name:CE1 (1730 PARK AVE BREMERTON WA 98312) Unit Name:1703-1863 Make:Other Model:NL170A1/HE/500L S/N:1703-1863 Size:500kW ATS Qty:0 Notes: CE1 *** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,847.89 $1,847.89 1 Unknown Loadbank (2 Hrs)1 $1,415.41 $1,415.41 Year 1 Total:$3,263.30 2 Unknown Full Service 1 $1,847.89 $1,847.89 2 Unknown Loadbank (2 Hrs)1 $1,415.41 $1,415.41 Year 2 Total:$3,263.30 3 Unknown Full Service 1 $1,847.89 $1,847.89 3 Unknown Loadbank (2 Hrs)1 $1,415.41 $1,415.41 Year 3 Total:$3,263.30 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:CE4 (100 2ND AVE BREMERTON WA 98312) Unit Name:L890290022 Make:Onan Model:NTA 855-G3 S/N:L890290022 Size:350kW ATS Qty:0 Notes: CE4 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,299.63 $1,299.63 1 Unknown Loadbank (2 Hrs)1 $1,215.41 $1,215.41 Year 1 Total:$2,515.04 2 Unknown Full Service 1 $1,299.63 $1,299.63 2 Unknown Loadbank (2 Hrs)1 $1,215.41 $1,215.41 Year 2 Total:$2,515.04 3 Unknown Full Service 1 $1,299.63 $1,299.63 3 Unknown Loadbank (2 Hrs)1 $1,215.41 $1,215.41 Year 3 Total:$2,515.04 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:CE6 (622 BURWELL BREMERTON WA 98312) Unit Name:2136337 Make:Kohler Model:100RE0ZJC S/N:2136337 Size:100kW ATS Qty:0 Notes: CE6 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,196.97 $1,196.97 1 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 1 Total:$2,262.38 2 Unknown Full Service 1 $1,196.97 $1,196.97 2 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 2 Total:$2,262.38 3 Unknown Full Service 1 $1,196.97 $1,196.97 3 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 3 Total:$2,262.38 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:CW1 (1735 OHIO AVE BREMERTON WA 98312) Unit Name:2186777 Make:Kohler Model:400REOZDD S/N:2186777 Size:400kW ATS Qty:0 Notes: CW1 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,179.01 $1,179.01 1 Unknown Loadbank (2 Hrs)1 $1,315.41 $1,315.41 Year 1 Total:$2,494.42 2 Unknown Full Service 1 $1,179.01 $1,179.01 2 Unknown Loadbank (2 Hrs)1 $1,315.41 $1,315.41 Year 2 Total:$2,494.42 3 Unknown Full Service 1 $1,179.01 $1,179.01 3 Unknown Loadbank (2 Hrs)1 $1,315.41 $1,315.41 Year 3 Total:$2,494.42 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:CW2 (2498 SYNDER AVE BREMERTON WA 98312) Unit Name:B000065913 Make:Onan Model:DGFB S/N:B000065913 Size:175kW ATS Qty:0 Notes: CW2 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,196.97 $1,196.97 1 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 1 Total:$2,262.38 2 Unknown Full Service 1 $1,196.97 $1,196.97 2 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 2 Total:$2,262.38 3 Unknown Full Service 1 $1,196.97 $1,196.97 3 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 3 Total:$2,262.38 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:CW4 (1735 OHIO AVE BREMERTON WA 98312) Unit Name:L190697884 Make:Onan Model:C45N6 S/N:L190697884 Size:45kW ATS Qty:0 Notes: CW4 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $807.08 $807.08 1 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 1 Total:$1,822.49 2 Unknown Full Service 1 $807.08 $807.08 2 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 2 Total:$1,822.49 3 Unknown Full Service 1 $807.08 $807.08 3 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 3 Total:$1,822.49 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:CW4A (1810 CHESTER AVE BREMERTON WA 98312) Unit Name:K190689164 Make:Cummins Model:C20N6 S/N:K190689164 Size:20kW ATS Qty:0 Notes: CW4A **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $754.70 $754.70 1 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 1 Total:$1,770.11 2 Unknown Full Service 1 $754.70 $754.70 2 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 2 Total:$1,770.11 3 Unknown Full Service 1 $754.70 $754.70 3 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 3 Total:$1,770.11 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:EASTSIDE TREATMENT (2475 STEPHENSON AVE BREMERTON WA 98312) Unit Name:J010292308 Make:Onan Model:DFED S/N:J010292308 Size:500kW ATS Qty:0 Notes: EASTSIDE TREATMENT **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,847.89 $1,847.89 1 Unknown Loadbank (2 Hrs)1 $1,415.41 $1,415.41 Year 1 Total:$3,263.30 2 Unknown Full Service 1 $1,847.89 $1,847.89 2 Unknown Loadbank (2 Hrs)1 $1,415.41 $1,415.41 Year 2 Total:$3,263.30 3 Unknown Full Service 1 $1,847.89 $1,847.89 3 Unknown Loadbank (2 Hrs)1 $1,415.41 $1,415.41 Year 3 Total:$3,263.30 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:EB2 (99 LOWER SHORE DR BREMERTON WA 98312) Unit Name:EPS00375 Make:Caterpillar Model:3306 S/N:EPS00375 Size:250kW ATS Qty:0 Notes: EB2 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,299.63 $1,299.63 1 Unknown Loadbank (2 Hrs)1 $1,115.41 $1,115.41 Year 1 Total:$2,415.04 2 Unknown Full Service 1 $1,299.63 $1,299.63 2 Unknown Loadbank (2 Hrs)1 $1,115.41 $1,115.41 Year 2 Total:$2,415.04 3 Unknown Full Service 1 $1,299.63 $1,299.63 3 Unknown Loadbank (2 Hrs)1 $1,115.41 $1,115.41 Year 3 Total:$2,415.04 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:EB6 (125 LEBO BLVD BREMERTON WA 98312) Unit Name:D4P00223 Make:Olympian Model:D100P4 S/N:D4P00223 Size:100kW ATS Qty:0 Notes: EB-6 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,196.97 $1,196.97 1 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 1 Total:$2,262.38 2 Unknown Full Service 1 $1,196.97 $1,196.97 2 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 2 Total:$2,262.38 3 Unknown Full Service 1 $1,196.97 $1,196.97 3 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 3 Total:$2,262.38 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:KL1 (6000 O STREET BREMERTON WA 98312) Unit Name:H100151054 Make:Onan Model:GGHF S/N:H100151054 Size:75kW ATS Qty:0 Notes: KL1 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $876.51 $876.51 1 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 1 Total:$1,891.92 2 Unknown Full Service 1 $876.51 $876.51 2 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 2 Total:$1,891.92 3 Unknown Full Service 1 $876.51 $876.51 3 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 3 Total:$1,891.92 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:KL2 (1976 PRICE STREET BREMERTON WA 98312) Unit Name:K130599291 Make:Onan Model:DSGAC S/N:K130599291 Size:150kW ATS Qty:0 Notes: KL2 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,196.97 $1,196.97 1 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 1 Total:$2,262.38 2 Unknown Full Service 1 $1,196.97 $1,196.97 2 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 2 Total:$2,262.38 3 Unknown Full Service 1 $1,196.97 $1,196.97 3 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 3 Total:$2,262.38 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:KL3 (1457 CEDARWOOD BREMERTON WA 98312) Unit Name:C130470581 Make:Onan Model:GGMA S/N:C130470581 Size:20kW ATS Qty:0 Notes: KL3 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $754.70 $754.70 1 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 1 Total:$1,770.11 2 Unknown Full Service 1 $754.70 $754.70 2 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 2 Total:$1,770.11 3 Unknown Full Service 1 $754.70 $754.70 3 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 3 Total:$1,770.11 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:KL4 (6727 KITSAP WAY BREMERTON WA 98312) Unit Name:C130470580 Make:Onan Model:GGMA S/N:C130470580 Size:20kW ATS Qty:0 Notes: KL4 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $754.70 $754.70 1 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 1 Total:$1,770.11 2 Unknown Full Service 1 $754.70 $754.70 2 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 2 Total:$1,770.11 3 Unknown Full Service 1 $754.70 $754.70 3 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 3 Total:$1,770.11 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:MOBILE UNIT (1600 OYSTER BAY AVE S BREMERTON WA 98312) Unit Name:J990997051 Make:Onan Model:DGEA S/N:J990997051 Size:125kW ATS Qty:0 Notes: MOBILE **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,196.97 $1,196.97 1 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 1 Total:$2,262.38 2 Unknown Full Service 1 $1,196.97 $1,196.97 2 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 2 Total:$2,262.38 3 Unknown Full Service 1 $1,196.97 $1,196.97 3 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 3 Total:$2,262.38 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:OB1 (4380 KITSAP WAY BREMERTON WA 98312) Unit Name:380D343 Make:Cummins Model:502FDR8052GG-M832 S/N:3097093 Size:350kW ATS Qty:0 Notes: OB1 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,299.63 $1,299.63 1 Unknown Loadbank (2 Hrs)1 $1,215.41 $1,215.41 Year 1 Total:$2,515.04 2 Unknown Full Service 1 $1,299.63 $1,299.63 2 Unknown Loadbank (2 Hrs)1 $1,215.41 $1,215.41 Year 2 Total:$2,515.04 3 Unknown Full Service 1 $1,299.63 $1,299.63 3 Unknown Loadbank (2 Hrs)1 $1,215.41 $1,215.41 Year 3 Total:$2,515.04 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:OB2 (1429 MADRONA DR BREMERTON WA 98312) Unit Name:N4D00952 Make:Caterpillar Model:D60-4 S/N:N4D00952 Size:60kW ATS Qty:0 Notes: OB2 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,065.15 $1,065.15 1 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 1 Total:$2,080.56 2 Unknown Full Service 1 $1,065.15 $1,065.15 2 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 2 Total:$2,080.56 3 Unknown Full Service 1 $1,065.15 $1,065.15 3 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 3 Total:$2,080.56 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:OB6 (MOBILE) (2902 S SHORE DRIVE BREMERTON WA 98312) Unit Name:R45UC207015537 Make:Other Model:R45UC2 (SDMO) S/N:R45UC207015537 Size:36kW ATS Qty:0 Notes: OB6 (MOBILE) **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $836.76 $836.76 1 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 1 Total:$1,852.17 2 Unknown Full Service 1 $836.76 $836.76 2 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 2 Total:$1,852.17 3 Unknown Full Service 1 $836.76 $836.76 3 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 3 Total:$1,852.17 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:OB7 (MOBILE) (3026 AUSTIN DR BREMERTON WA 98312) Unit Name:0T70C Make:Other Model:HYG-27878 S/N:0T70C Size:60kW ATS Qty:0 Notes: OB7 (MOBILE) **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,065.15 $1,065.15 1 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 1 Total:$2,080.56 2 Unknown Full Service 1 $1,065.15 $1,065.15 2 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 2 Total:$2,080.56 3 Unknown Full Service 1 $1,065.15 $1,065.15 3 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 3 Total:$2,080.56 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:SB1 (2340 ANDERSON HILL RD SW PORT ORCHARD WA 98367) Unit Name:L830690737 Make:Onan Model:155DFE S/N:L830690737 Size:155kW ATS Qty:0 Notes: SB1 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,196.97 $1,196.97 1 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 1 Total:$2,262.38 2 Unknown Full Service 1 $1,196.97 $1,196.97 2 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 2 Total:$2,262.38 3 Unknown Full Service 1 $1,196.97 $1,196.97 3 Unknown Loadbank (2 Hrs)1 $1,065.41 $1,065.41 Year 3 Total:$2,262.38 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:SB2 (3641 FREIGHTER PLACE BREMERTON WA 98312) Unit Name:F160966757 Make:Onan Model:C35D6 S/N:F160966757 Size:35kW ATS Qty:0 Notes: SB2 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $836.76 $836.76 1 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 1 Total:$1,852.17 2 Unknown Full Service 1 $836.76 $836.76 2 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 2 Total:$1,852.17 3 Unknown Full Service 1 $836.76 $836.76 3 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 3 Total:$1,852.17 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:SB3 (3481 WEST BELFAIR VALLEY RD BREMERTON WA 98312) Unit Name:2284606 Make:Kohler Model:180RE0ZJD S/N:2284606 Size:180kW ATS Qty:0 Notes: SB3 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,299.63 $1,299.63 1 Unknown Loadbank (2 Hrs)1 $1,115.41 $1,115.41 Year 1 Total:$2,415.04 2 Unknown Full Service 1 $1,299.63 $1,299.63 2 Unknown Loadbank (2 Hrs)1 $1,115.41 $1,115.41 Year 2 Total:$2,415.04 3 Unknown Full Service 1 $1,299.63 $1,299.63 3 Unknown Loadbank (2 Hrs)1 $1,115.41 $1,115.41 Year 3 Total:$2,415.04 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:SB4 (3450 STATE HWY 3 WEST BREMERTON WA 98312) Unit Name:2286881 Make:Kohler Model:80RE0ZJD S/N:2286881 Size:81kW ATS Qty:0 Notes: SB4 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,065.15 $1,065.15 1 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 1 Total:$2,080.56 2 Unknown Full Service 1 $1,065.15 $1,065.15 2 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 2 Total:$2,080.56 3 Unknown Full Service 1 $1,065.15 $1,065.15 3 Unknown Loadbank (2 Hrs)1 $1,015.41 $1,015.41 Year 3 Total:$2,080.56 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:WB3 (416 S CAMBRIAN AVE BREMERTON WA 98312) Unit Name:J020420607 Make:Onan Model:DFCE S/N:J020420607 Size:400kW ATS Qty:0 Notes: WB3 **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,570.87 $1,570.86 1 Unknown Loadbank (2 Hrs)1 $1,315.41 $1,315.41 Year 1 Total:$2,886.27 2 Unknown Full Service 1 $1,570.87 $1,570.86 2 Unknown Loadbank (2 Hrs)1 $1,315.41 $1,315.41 Year 2 Total:$2,886.27 3 Unknown Full Service 1 $1,570.87 $1,570.86 3 Unknown Loadbank (2 Hrs)1 $1,315.41 $1,315.41 Year 3 Total:$2,886.27 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:WB6 (299 S CALLOW AVE BREMERTON WA 98312) Unit Name:9EP02191 Make:Caterpillar Model:3412 S/N:CAT00000J9EP02191 Size:500kW ATS Qty:0 Notes: WB6 *** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $1,847.89 $1,847.89 1 Unknown Loadbank (2 Hrs)1 $1,415.41 $1,415.41 Year 1 Total:$3,263.30 2 Unknown Full Service 1 $1,847.89 $1,847.89 2 Unknown Loadbank (2 Hrs)1 $1,415.41 $1,415.41 Year 2 Total:$3,263.30 3 Unknown Full Service 1 $1,847.89 $1,847.89 3 Unknown Loadbank (2 Hrs)1 $1,415.41 $1,415.41 Year 3 Total:$3,263.30 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Site Name:WWTP (1600 OYSTER BAY AVE S BREMERTON WA 98312) Unit Name:L070138771 Make:Onan Model:DQGAB S/N:L070138771 Size:1500kW ATS Qty:0 Notes: WWTP **** Work to be performed during normal business hours Monday - Friday, 8am - 5pm. Year Month of 1st Service Service Type Qty Sell Price Extended Price 1 Unknown Full Service 1 $3,450.27 $3,450.27 1 Unknown Loadbank (2 Hrs)1 $2,856.99 $2,856.99 Year 1 Total:$6,307.26 2 Unknown Full Service 1 $3,450.27 $3,450.27 2 Unknown Loadbank (2 Hrs)1 $2,856.99 $2,856.99 Year 2 Total:$6,307.26 3 Unknown Full Service 1 $3,450.27 $3,450.27 3 Unknown Loadbank (2 Hrs)1 $2,856.99 $2,856.99 Year 3 Total:$6,307.26 The following riders are included for this unit on this quote: With Full Service: Coolant Analysis - CL2P (Basic) With Loadbank: Load Bank Permit Year 1 Total:*$63,883.05 Year 2 Total:*$63,883.05 Year 3 Total:*$63,883.05 Total Agreement Amount:*$191,648.94 *Quote does not include applicable taxes Year 1 Tax: $5,877.24 Year 1 Total w/Tax: $69,760.29 Year 2 Tax: $5,877.24 Year 2 Total w/Tax: $69,760.29 Year 3Tax: $5,877.24 Year 3Total w/Tax: $69,760.29 Total Agreement Amount w/Tax: $209,280.87 Pricing below includes taxes at 9.2% per customer's request. Actual taxes will be provided on the actual invoices. Cummins Inc. 1800 Fryar Ave Sumner, WA 98390 Phone: (425) 235-3400 PLANNED EQUIPMENT MAINTENANCE AGREEMENT Customer Address Customer Contact Quote Information CITY OF BREMERTON - WASTE WATER TREATMENT PLANT 1600 OYSTER BAY AVE S BREMERTON, WA 98312 Customer #: 256430 Payment Type: Pay As You Go Name:Kevin Golnik Quote Date:9/6/2022 Phone:(360) 340-2654 Quote Expires:11/5/2022 Cell:Quote ID:QT-7222 Fax:(360) 473-5455 Quoted By:Travis Neely E-mail:kevin.golnik@ci.bremerton.wa.usQuote Term:3 Year Total Agreement Amount:*$191,648.94 *Quote does not include applicable taxes Total Agreement Amount Does Not Include Applicable Taxes. Please call (425) 235-3400 for invoice total prior to sending payment. Selection Required for Load Bank Test Readings will be taken every 15 minutes, unless otherwise specified. *If no selection is made, we will perform this option by default *30% of the EPS nameplate kW rating for 30 minutes, followed by 50% of the EPS nameplate kW rating for 30 minutes, followed by 75% of the EPS nameplate kW rating for 60 minutes for a total of 2 continuous hours 80% of the EPS nameplate kW rating for 2 continuous hours Other – Please Specify ____________________________________________________________ Please return signed agreement to: Cummins Sales and Service 1800 Fryar Ave Sumner, WA 98390 Phone: (425) 235-3400 Fax: (425) 254-8964 Seller hereby agrees to sell to Buyer, and Buyer hereby agrees to buy from Seller, the foregoing products/services upon the terms and conditions set forth in the "Planned Equipment Maintenance Agreement Terms and Conditions" attached hereto, which are hereby incorporated herein by reference. Customer Approval (Quote ID QT-7222) Cummins Inc. Approval Signature:_____________________________________ Signature:_____________________________________ Date:_____________________________________ Date:_____________________________________ PLANNED MAINTENANCE AGREEMENT TERMS AND CONDITIONS These Planned Maintenance Agreement Terms and Conditions, together with the Quote on the front side and the Scope of Services, are hereinafter referred to as this “Agreement” and shall constitute the entire agreement between the customer identified in the Quote (“Customer”) and Cummins Inc. (“Cummins”) and supersede any previous agreement or understanding (oral or written) between the parties with respect to the subject matter of this Agreement. No prior inconsistent course of dealing, course of performance, or usage of trade, if any, constitutes a waiver of or serves to explain or interpret this Agreement. Electronic transactions between Customer and Cummins will be solely governed by this Agreement, and any terms and conditions on Customer’s website or other internet site will be null and void and of no legal effect on Cummins. In the event Customer delivers, references, incorporates by reference, or produces any purchase order or document, any terms and conditions related thereto shall be null and void and of no legal effect on Cummins. 1. SCOPE OF SERVICES; PERFORMANCE OF SERVICES. Cummins shall perform the maintenance (“Services”) on the equipment identified in the Quote (“Equipment”) in accordance with the schedule specified in the Quote. The Services include those services defined in the “Service Event” section of the Quote. No additional services or materials are included in this Agreement unless agreed upon by the parties in writing. Unless otherwise indicated in the Quote, Cummins will provide the labor and tools necessary to perform the Services and shall keep Customer’s property free from accumulation of waste materials caused by Cummins’ operations. Either party may terminate this Agreement with or without cause by providing thirty (30) days written notice to the other. 2. CUSTOMER OBLIGATIONS. Customer shall provide Cummins safe access to Customer’s site and arrange for all related services and utilities necessary for Cummins to perform the Services. During the performance of the Services, Customer shall fully and completely secure all or any part of any facility where the Equipment is located to remove and mitigate any and all safety issues and risks, including but not limited to facility occupants, customers, invitees, or any third party and or property damage or work interruption arising out of the Services. Customer shall make all necessary arrangement to address and mitigate the consequences of any electrical service interruption which might occur during the Services. CUSTOMER IS RESPONSIBLE FOR OPERATING AND MAINTAINING THE EQUIPMENT IN ACCORDANCE WITH THE OWNER’S MANUAL FOR THE EQUIPMENT. 3. PAYMENT TERMS. Unless otherwise agreed to by the parties in writing and subject to credit approval by Cummins, payments are due thirty (30) days from the date of the invoice. If Customer does not have approved credit with Cummins, as solely determined by Cummins, payments are due in advance or at the time of supply of the Services. If payment is not received when due, in addition to any rights Cummins may have at law, Cummins may charge Customer eighteen percent (18%) interest annually on late payments, or the maximum amount allowed by law. Customer agrees to pay all Cummins’ costs and expenses (including all reasonable attorneys’ fees) related to Cummins’ enforcement and collection of unpaid invoices, or any other enforcement of this Agreement by Cummins. Unless otherwise stated, the Quote excludes all applicable local, state, or federal sales and/or use or similar taxes which Cummins is required by applicable laws to collect from Customer and shall be stated on the invoice. 4. DELAYS. Any performance dates indicated in this Agreement are estimated and not guaranteed. Cummins shall not be liable for any delays in performance however occasioned, including any that result directly or indirectly from acts of Customer or causes beyond Cummins’ control, including but not limited to acts of God, accidents, fire, explosions, flood, unusual weather conditions, acts of government authority, or labor disputes. AS A RESULT OF THE OUTBREAK OF THE DISEASE COVID-19 ARISING FROM THE NOVEL CORONAVIRUS, TEMPORARY DELAYS IN DELIVERY, LABOUR OR SERVICES FROM CUMMINS AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR. AMONG OTHER FACTORS, CUMMINS’ DELIVERY OBLIGATIONS ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS RESERVES THE RIGHT TO MAKE PARTIAL DELIVERIES OR MODIFY ITS LABOUR OR SERVICE. WHILE CUMMINS SHALL MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE. 5.WARRANTY. Cummins shall perform the Services in a reasonable and workmanlike manner. Parts and components supplied under this Agreement are governed by the express written manufacturer’s limited warranty. No other warranty for parts or components is provided under this Agreement. All Services shall be free from defects in workmanship for a period of ninety (90) days after completion of Services. In the event of a warrantable defect in workmanship of Services supplied under this Agreement (“Warrantable Defect”), Cummins’ obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of any Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. New parts supplied during the remedy of Warrantable Defects are warranted for the balance of the warranty period still available from the original warranty of such parts. The remedies set forth in this Section 5 shall not be deemed to have failed of their essential purpose so long as Cummins is willing to correct defective Services or refund the purchase price therefor. 7. INDEMNITY. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all third party claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or resulting from bodily injury, death, or property damage 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 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. 8. CONFIDENTIALITY. Each party shall keep confidential any information received from the other that is not generally known to the public and at the time of disclosure, would reasonably be understood by the receiving party to be proprietary or confidential, whether disclosed in oral, written, visual, electronic or other form, and which the receiving party (or agents) learns in connection with this Agreement including, but not limited to: (a) business plans, strategies, sales, projects and analyses; (b) financial information, pricing, and fee structures; (c) business processes, methods and models; (d) employee and supplier information; (e) specifications; and (f) the terms and conditions of this Agreement. Each party shall take necessary steps to ensure compliance with this provision by its employees and agents. 9. GOVERNING LAW. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any choice or conflict of law provision. The parties agree that the courts of Kitsap County shall have exclusive jurisdiction to settle any dispute or claim arising in connection with this Agreement. 10. INSURANCE. Cummins will provide to Customer a Certificate of Insurance evidencing: a. Automobile Liability insurance with limits no less than $1,000,000 combined 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 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and c. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and d. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. The City shall be scheduled as an additional insured on the Commercial General Liability insurance policy and Cummins’ 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, excepting claims resulting from the gross negligence or willful misconduct of the City. 11. ASSIGNMENT. This Agreement shall be binding on the parties and their successors and assigns. Customer shall not assign this Agreement without the prior written consent of Cummins. 12.INTELLECTUAL PROPERTY. Any intellectual property rights created by either party, whether independently or jointly, in the course of the performance of this Agreement or otherwise related to Cummins pre-existing intellectual property or subject matter related thereto, shall be Cummins’ property. Customer agrees to assign, and does hereby assign, all right, title, and interest to such intellectual property to Cummins. Any Cummins pre-existing intellectual property shall remain Cummins’ property. Nothing in this Agreement shall be deemed to have given Customer a license or any other rights to use any of the intellectual property rights of Cummins. 6. LIMITATIONS OF WARRANTIES AND LIABILITY. THE REMEDIES PROVIDED IN THE LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET OUT IN THE WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE OR MERCHANTABILITY. NOTWITHSTANDING ANY OTHER TERM OF THIS AGREEMENT, IN NO EVENT SHALL CUMMINS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DOWNTIME, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF OPPORTUNITY, DAMAGE TO GOODWILL, AND DAMAGES CAUSED BY DELAYS) IN ANY WAY RELATED TO OR ARISING FROM CUMMINS’ SUPPLY OF PARTS OR SERVICES UNDER THIS AGREEMENT. IN NO EVENT SHALL CUMMINS’ LIABILITY TO CUSTOMER OR ANY THIRD PARTY CLAIMING DIRECTLY THROUGH CUSTOMER OR ON CUSTOMER’S BEHALF UNDER THIS AGREEMENT EXCEED THE TOTAL COST OF PARTS AND SERVICES SUPPLIED BY CUMMINS UNDER THIS AGREEMENT. BY ACCEPTANCE OF THIS AGREEMENT, CUSTOMER ACKNOWLEDGES CUSTOMER’S SOLE REMEDY AGAINST CUMMINS FOR ANY LOSS SHALL BE THE REMEDY PROVIDED HEREIN. 13. MISCELLANEOUS. Cummins shall be an independent contractor with respect to the Services performed under this Agreement. All notices under this Agreement shall be in writing and be delivered personally, mailed via first class certified or registered mail, or sent by a nationally recognized express courier service to the addresses set forth in the Quote. No amendment of this Agreement shall be valid unless it is writing and signed by the parties hereto. Failure of either party to require performance by the other party of any provision hereof shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver by a party of a breach of any of the provisions hereof constitute a waiver of any succeeding breach. Any provision of this Agreement that is invalid or unenforceable shall not affect the validity or enforceability of the remaining terms hereof. 14. ON-CALL SERVICES. Upon Customer’s request, Cummins shall provide on-call services (repair, emergency work or other) on the Equipment (“On-call Services”). Any On-call Services shall be invoiced to the Customer at the Cummins current hour rate (including traveling) and shall be governed by the terms and conditions of this Agreement. 15. To the extent applicable, this contractor and subcontractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. The employee notice requirements set forth in 29 CFR Part 471, Appendix A to Subpart A, are hereby incorporated by reference into this contract. 05.05.2020 Generator Planned Equipment Maintenance INSPECTION INTERVALS AVAILABLE: WEEKLY, MONTHLY, QUARTERLY, SEMI-ANNUALLY OR ANNUALLY BATTERIES AND BATTERY CHARGER •Visually inspect battery terminal connections •Verify electrolyte level, vent caps of all cells in the starting battery system •Visually inspect wiring, connections and insulation •Record battery charging functions •Record battery information •Record battery condition test FUEL SYSTEM •Visually inspect ignition system (Natural Gas and Propane Only) •Record primary tank fuel level •Inspect engine fuel system for leaks •Visually inspect all engine fuel hoses, clamps, pipes, components and fittings •Visually inspect rupture/ containment basin •Inspect day tank and controls (if applicable) •Optional - fuel sample for laboratory analysis* COOLING SYSTEM •Record coolant level •Visually inspect for coolant leaks •Visually inspect drive belts condition •Verify for proper coolant heater operation •Record jacket water temperature •Visually inspect fan, water pump, drives and pulleys •Visually inspect all coolant hoses, clamps and connections •Visually inspect radiator condition •Visually inspect louver for damage •Visually inspect fan hub and drive pulley for mechanical damage •Record freeze point of antifreeze protection •Record DCA level prior to changing coolant filter •Optional - Coolant sample for laboratory analysis* LUBRICATION SYSTEM •Visually inspect engine oil leaks •Visually inspect engine oil lines and connections •Record oil level •Optional - Oil sample for laboratory analysis* GENSET CONTROLS AND ACCESSORIES •Visually inspect all engine mounted wiring, senders and devices •Visually inspect all control mounted components and wiring •Verify all connecting plugs are tightened and in a good condition •Visually inspect all accessory components and wiring •Visually inspect and test lighting indicators INTAKE AND EXHAUST SYSTEMS •Visually inspect air filter and housing •Visually inspect all engine piping and connections •Record air cleaner restriction •Visually inspect engine exhaust system for leaks •Visually inspect rain cap •Optional – Air filter replacement* •Optional - Clean crankcase breather or replace filters* GENERAL CONDITIONS •Visually inspect governor linkage and oil level •Visually inspect guards •Visually inspect enclosure •Visually inspect engine and generator mounts •Verify emergency stop operation TRANSFER SWITCH •Visually inspect controls and time delay settings •Verify function of exercise clock and record settings from controller •Verify remote start control operation •Record utility / source one voltage AFTERTREATMENT (Upon request) •Verify DEF level •Record DPF restriction •Visually inspect aftertreatment and controls SWITCHGEAR (Upon Request) •Inspection and Full Service quote available upon request. FULL SERVICE INCLUDES INSPECTION OPERATIONAL & FUNCTIONAL REVIEW OF GENERATOR CRITICAL COMPONENTS •Inspect engine cooling fan & fan drives for excessive wear or shaft wobble •Check all pulleys, belt tensioners, slack adjusters & idler pulleys for travel, wear & overall condition •Inspect / lubricate drive bearings, gear or belt drives, and other shaft connecting hardware LUBRICATION OIL & FILTRATION SERVICE •Change engine oil •Change oil, fuel and water filters •Post lube services operations of genset (unloaded) at rated temperature * Additional Charge Any additional repairs, parts, or service which are required will be brought to the attention of the owner. Repairs will only be made after proper authorization from the owner is given to Cummins. Any additional repairs, maintenance or service performed by Cummins or a Planned Equipment Maintenance Agreement holder will be at current Cummins labor rates. Arc flash boundary and available incident energy shall be identified and marked on equipment being serviced or maintained. Scope of Services Public Works and Utilities Department 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360) 473-5920 • FAX (360) 473-5360  Page 1 VENDOR NAME August 3, 2022 DATE: August 3, 2022 TO: Procurement File FROM: Cami Apfelbeck, Water Utility Manager Eric Burris, Wastewater Utility Manager SUBJECT: Sole Source Determination In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for the purchase of Cummins generators and generator services. Reasoning (check all supporting options below): ☒ Compatibility to existing City standard or to existing equipment, inventory, systems, data, programs or service. (Attach the business case for the standard and attach a copy of the standard if it is written). ☐ Licensed or patented product with only one dealer. (Include a statement explaining why this particular licensed or patented product the only one suitable for your purpose) ☐ Authorized service provider, repair and/or warranty services. The City requires service or repair support for products or equipment owned by the City, and the vendor is either a factory authorized warranty service provider or that particular vendor is required for warranty services according to the conditions of a current City contract. ☐ Unique design: Requires unique features that are essential aesthetic requirements, or not practical to match to existing design or equipment, such as artwork. Describe. ☐ Special bargain: This might include a surplus item, an auction sale, used equipment, returned “open box” purchase, or other similar one-time bargains. Describe. ☐ Delivery date: Only one supplier can meet required delivery date. Explain why this delivery date is essential. This can only be used in limited circumstances, for delivery deadlines that are the result of an unanticipated situation, and not a circumstance that could have been reasonably anticipated or averted by advance City planning. ☐ Project or research continuity: Product, systems, services or data must comply with an ongoing project, research, data, testing or analysis without a compromise in the integrity of the project. Also, this should be a situation that cannot be replicated by another company because there is a Public Works and Utilities Department 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360) 473-5920 • FAX (360) 473-5360  Page 2 VENDOR NAME August 3, 2022 legal or physical obstruction to disclosing the project information to allow another company the opportunity to replicate. Examples include situations where a company has legal and/or proprietary rights to customization such as software code, or to data; or testing or data is collected through a unique measuring instrument that cannot be accurately duplicated and offered by another vendor. ☐ Requirement by funding source: Lender, grantor (such as federal government) or other provider of funds requires the specific product, service or system. Attach a copy of the document that clearly shows such a requirement is imposed by the funding source. ☐ Legal monopoly: Only one supplier, such as electricity, water, or sewage. ☐ Trial and evaluation projects: A limited duration, limited scope pilot, trial or evaluation of a product, range of products or services. A trial or evaluation project would typically be part of establishing a standard for a City department, or to pilot a particular product or services for a City need. Describe the pilot, specify the scope of the pilot, and attach information to confirm that the pilot is part of a purposeful department pilot initiative. ☐ Other. Describe. Why is this the only company that can provide the sole source product or service? The reference section reference section explains why a particular product, manufacturer or service is necessary. The section below discusses why the company you request is the only available company. Cost/Quote support: See attached quotes and service agreements. Our staff believes this is a fair and reasonable price. Therefore, it is my determination that it is in the City’s best interests to purchase Cummins generators and generator services through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that sole source purchase of these Cummins generators and generator services is justified for this procurement. Recommended by: ________________________________ ________________________________ Cami Apfelbeck, Water Utility Manager Eric Burris, WWTP Manager Approved by: ________________________________ Thomas Knuckey, Public Works and Utilities Director Cami Apfelbeck Digitally signed by Cami Apfelbeck Date: 2022.08.03 11:35:35 -07'00' Eric J. Burris Digitally signed by Eric J. Burris Date: 2022.08.03 12:11:49 -07'00' Tom Knuckey Digitally signed by Tom Knuckey Date: 2022.08.03 13:45:52 -07'00' AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 26, 2022 Proposed Public Hearing on Resolution to approve the 2023 Community Development Block Grant/HOME funding recommendations for inclusion in the 2023 CDBG/HOME Action Plan COUNCIL MEETING Date: November 2, 2022 Department: DCD-CDBG Presenter: Sarah Lynam Phone: (360) 473-5375 SUMMARY: On July 6, 2022 City Council approved the 2023 CDBG/HOME Policy Plan outlining the CDBG and HOME funding allocation process. Based on that policy, the Project Review Committee (PRC) has developed the 2023 funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the City’s Annual Action Plan. The following projects are recommended for CDBG funding: YWCA of Kitsap County administrative building improvements, City of Bremerton Public Works Department Pedestrian Priority Network improvements, Kitsap Community Resources Weatherization and Minor Home Repair, Kitsap Community Resources BE$T program. The following project is recommended for HOME funding: Community Frameworks Bremerton Homeownership. ATTACHMENTS: 1. Resolution with Exhibits Exhibit A: 2023 Action Plan PRC recommendation for 2023 CDBG funding. Exhibit B: Grant Recommendation Committee HOME Recommendations for Funding. Exhibit C: CDBG Project Descriptions STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation FISCAL IMPACTS (Include Budgeted Amount): None. Block Grant is a pass-through funding from the Department of Housing and Urban Development, and Federal Department of Treasury. Form Updated 01/02/2018 STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. _____ approving the 2023 funding recommendations to be included in the 2023 Action Plan to HUD; and authorize the Mayor to finalize and execute the agency grant agreements with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action A5 1 RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the 2023 CDBG/HOME Funding Recommendations for inclusion in the 2023 CDBG/HOME Action Plan. WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (“CDBG”) each year from the Department of Housing and Urban Development (“HUD”), and also receives funding from HUD’s Home Investment Partnerships (“HOME”) program through its participation in the Kitsap County HOME Consortium; and WHEREAS, the City of Bremerton has established a mandatory Policy Plan for the City’s management of its HUD entitlement, including a citizen participation plan, application and review processes, eligibility, and implementation requirements for grant funded projects; and WHEREAS, the City of Bremerton conducts a competitive annual process based on the Policy Plan to determine allocation of CDBG and HOME entitlement; and WHEREAS, the City of Bremerton’s 2023 Policy Plan citizen participation plan establishes a Project Review Committee to assist the Department of Community Development in reviewing CDBG and HOME applications by interviewing applicants and recommending annual project allocation decisions to the Bremerton City Council; and WHEREAS, the City of Bremerton participates in a Coordinated Application process with Kitsap County Block Grant Program and Kitsap County Housing and Homelessness Program for HOME and Homeless Housing Grant Programs, and had its own competitive CDBG RFP process which received four (4) capital applications, one (1) microenterprise application, and two (2) job training application, and all were forwarded to the Project Review Committee; and WHEREAS, the CDBG Project Review Committee has reviewed, interviewed and discussed each of the eligible funding requests and formulated funding recommendations and a funding contingency plan based on their review; and WHEREAS, the City of Bremerton Block Grant staff on Friday, September 12th, 2022, posted the recommendations to the City of Bremerton’s website and advertised in the Kitsap Sun a 30-day written public comment period commencing September 12th and concluding October 13th, 2022; and 2 WHEREAS, no public comments were received during the public comment period; and WHEREAS, legal ads were placed in the Kitsap Sun on September 12th and October 21st 2022 advertising the City of Bremerton Public Hearing adopting the funding recommendations on November 2nd 2022; and WHEREAS, the Department of Community Development CDBG/HOME staff presents the Project Review Committee’s recommendations to the City Council for adoption; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The 2023 CDBG/HOME Funding Recommendations attached hereto as Exhibits A and B and described in Exhibit C, will be incorporated into the 2023 Action Plan to be submitted to the Department of Housing and Urban Development for approval. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2022. _________________________________ MICAHEL GOODNOW, Council President APPROVED AS TO FORM: ATTEST: __________________________________ ________________________________ KYLIE FINNELL, City Attorney ANGELA HOOVER, City Clerk 2023 City of Bremerton Project Review Committee Recommendations for Funding 2023 Estimated HUD Entitlement $400,000 + Estimated Program Income $5,000 - CDBG Administration (20% of entitlement+ program income)$81,000.00 Available for CDBG Projects $324,000.00 Capital Projects: Applicant Project Name Amount of Request Amount of Award YWCA Kitsap County YWCA - Administrative Office Renovation $91,211.00 $83,000.00 City of Bremerton Public Works & Utilities Pedestrian Priority Network Infrastructure Improvements $195,000.00 $141,000.00 Peninsula Community Health Services Community Medical Respite Reno $200,000.00 $0.00 Kitsap Community Resources Weatherization and Minor Home Repair $50,000.00 $50,000.00 Kitsap Community Resources BE$T $50,000.00 $50,000.00 Total Requested: $586,211.00 $324,000.00 Total Estimated amount available for Capital Projects $324,000.00 $324,000.00 Job Training Projects: Applicant Project Name Amount of Request Amount of Award The Coffee Oasis HOPE Inc. Job Training Program $86,229.00 application ineligible based on HUD regulations Kitsap Community Resources Accelerated GED Tutoring Program $45,000.00 $0.00 Total Requested: $45,000.00 $0.00 Total Amount Available for Public Service Projects (up to 15%)$0.00 $0.00 Contingencies: Capital Projects: the BE$T program and KCR Weatherization will be fully funded. The YWCA administrative building project will receive partial funding to address primary concern of water intrusion. IF LESS: If the City receives less than $405,000 in allocation, a reduced amount will be awarded to Public Works- Pedestrian Priority Network Infrastructure IF MORE: If the City receives more than $405,000 from HUD the additional allocation will be awarded to the YWCA (max total award $91,211.00), and then to Public Works- Pedestrian Priority Network Infrastructure If anything beyond these contingencies the Project Review Committee will reconvene Exhibit A KITSAP COUNTY BLOCK GRANT PROGRAM Department of Human Services 2023 Grant Recommendation Commitee Funding Recommendations Bremerton HOME Requested Amount Recommendations Community Frameworks- Bremerton Homeownership 222,487.00$ 222,487.00$ Totals 222,487.00$ 222,487.00$ Community Frameworks Bremerton Homeownership Service Area: Bremerton Bremerton Homeownership is an affordable homeownership program pairing HOME funds with internal and lender- partner funds to provide up to 20% Down Payment Assistance (DPA) and closing cost assistance to program-qualified, mortgage-ready homebuyers at or below 80% of Kitsap County's Area Median Income (AMI). *Any increase Bremerton HOME Funding will be included in the next Request for Proposal . City of Bremerton HOME Program 2023 HOME FUNDING RECOMMENDATIONS 3 homebuyers amount of request: $222,487 Exhibit B 2023 CDBG Project Review Committee Funding Reccomendations Project Descriptions CDBG STAFF ADMINISTRATION FUNDING MICROENTERPRISE FUNDING Kitsap Community Resources: Business Education Support and Training CDBG CAPITAL FUNDING YWCA Administrative Building Improvements WEATHERIZATION AND MINOR HOME REPAIR Kitsap Community Resources-Weatherization and Minor Home Repair $1 Funds will be used to provide weatherization and minor home repair services for 6 homes (both owner occupied and rental units) within the City of Bremerton. The funds will specifically be used for contractor labor and materials to install weatherization measures such as surface insulation (attics, walls, floors, and heating ducts), energy efficient heat systems, priority air sealing, and installation of ventilation. Funds will also be used to achieve additional home repairs such as roofing, plumbing, and electrical repairs necessary to ensure the preservation of installed measures. Health and safety improvements will also be prioritized, including shower grab bars, slips trips and falls, and wheelchair ramps. Grant administration is the general management and coordination of the CDBG/HOME programs, including federal regulation compliance, annual monitoring, citizen participation and development of other sources of funding for community development. 20% of our CDBG entitlement plus program income may be used for planning and administrative costs to deliver the CDBG program requirements. Those funds not being used for administration and planning purposes will be rolled into project use. The BE$T program is designed for low-income individuals and those with limited funds who are interested in mastering the skills necessary to start or expand their own business. Program- wide BE$T plans to assist 30 new businesses and create 15 new jobs. With the use of CDBG funds the program helps new businesses (1) Develop their business concept; (2) Define and understand their target customer base; (3) Learn about money management and break-even point analysis; (4) Study cash flow, pricing, taxes and financial statements; (5) Learn how to set up operations including legal structure; (6) Design a marketing and sales plan; and (7) Develop their own basic business plan. In addition to the eight week business training program, BE$T offers ongoing support for their graduates. The YWCA of Kitsap County has had its Administrative Offices in Bremerton for about 75 years. The administrative office houses all YWCA programs including: Housing Case management, Legal Advocacy, DV Support groups, Strengthening Families Training Support, Y Strive and National Program to Build Independence and Soft Skills support, Mental Health Therapy Program, Y Tech. The YWCA administrative building is in need of exterior improvements. These improvements were detailed in the YWCA's application include replacement of exterior siding, windows, doors, and other exterior improvements. The building is also experiencing water intrusion. The Project Review Committee has recommended that funding be utilized to first address this primary concern which impacts any other building improvements. Bremerton Public Works-Pedestrian Priority Network Infrastructure Improvements This project will create new curb ramps that improve and connect pathways along High Avenue, building upon the ADA accessible infrastructure in previous CDBG awards. In alignment with the City's ADA transition plan and goals, this project will improve ADA access to transit, city parks, schools, and improve walkability for pedestrians by removing barriers for those with disabilities, and provide connected corridors for foot traffic. Additionally, the Project Review Committee has recommended funding be prioritized for the sites on the East side of High Ave and the two curb ramps adjacent to Kiwanis Park. Exhibit C CITY OF BREMERTON COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HUD –CDBG Entitlement • • • • • Regulatory Requirements • • • • • Project Review Committee City Staff Planning Commission City Council Community Members Application + Review Timeline Applications Opened –June 30 Applications Closed –July 28 Initial Review + Scoring -August Projects Ranked by Score –August 29 Applicant Interviews –August 31 Committee Deliberation August 31 Public Input 30-day comment period open September 12 –Oct 13 Kitsap Sun Legal Ad + City E- news + Posted to City Website City Council Study Session - today City Council Public Hearing – Nov 2 Fundin g Availa bility Snaps hot 2023 PRC Recommendations RECOMMEND ED PROJECTS YWCA –Administrative Office Renovation • • • • • • • City of Bremerton –Public Works Dept High Ave Curb Ramp Improvements • • • • • • • Kitsap Community Resources Weatherization/Minor Home Repair • • • • • • Kitsap Community Resources - BE$T Program • • • • • • • City of Bremerton HOME Program Funding Recommendation •• • • PRC Recommended Contingencies Estimated Funding 2022: $455,000 Actual Funding 2022:$406,109 *actual funding subject to Federal budget* COUNCIL NEXT STEPS Public Hearing – November 2nd 5:30pm Sarah.Lynam@ci.Bremerton.wa.us THANK YOU Available for questions: AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 26, 2022 Proposed Public Hearing on Revenue Sources for the 2023 City of Bremerton Budget COUNCIL MEETING Date: November 2, 2033 Department: Financial Services Presenter: Michael Riley Phone: (360) 473-5303 SUMMARY: Tonight’s public hearing is to take comments on the revenue sources for the 2023 Proposed Budget. The proposed budget anticipates property and EMS levy increases of the full 1% allowed by law and leaves utility tax rates unchanged. The proposed budget also adjusts for the increase to the B&O tax exemption rate to $1,020,000 and includes interfund transfers between funds where appropriate. Overall, the revenue projections throughout all funds remain conservative ATTACHMENTS: Exhibit A Revenue Sources The 2023 Proposed Budget may be found on the City’s website at 2023 Proposed Annual Budget | Bremerton, WA - Official Website (bremertonwa.gov) FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund revenue, without beginning fund balance, is $51,537,932. With beginning fund balance, total general fund revenue is $68,184,888. Total proposed revenue city wide, without beginning fund balance, is $147,839,721. With beginning fund balance, total revenue city wide is $222,146,230. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Open Hearing for Public Comment. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A6 BEG LIC.INTER-CHARGES FINES 2023 FUND AND GOV'T FOR AND OTHER TOTALFUNDBAL.TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET General Fund General Government: City Council 0 0 0 159,766 0 0 159,766 Executive 0 0 0 193,119 0 0 193,119 Financial Services 0 0 0 819,979 0 0 819,979 Legal 0 0 0 691,418 0 0 691,418 Human Resources 0 0 37,035 316,121 0 0 353,156 Community Development 3,045,000 1,335,750 75,000 794,050 20,000 0 5,269,800 Municipal Court 0 0 360,496 174,300 268,000 5,275 808,071 City Auditor 0 0 0 52,071 0 0 52,071 Law Enforcement 0 6,000 856,108 158,600 1,000 151,600 1,173,308 Fire/Emergency Medical 2,160,000 1,200 691,125 670,200 0 0 3,522,525 Police & Fire Pension 0 0 91,356 0 0 0 91,356 General Facilities 0 0 399,640 179,054 0 836,500 1,415,194 Parks 0 0 0 167,000 0 61,000 228,000 Engineering 0 114,000 0 2,795,201 0 0 2,909,201 Non-Departmental 31,390,424 24,000 1,450,142 144,202 740,200 102,000 33,850,968 Beginning Fund Balance 16,646,956 16,646,956 Total General Fund 16,646,956 36,595,424 1,480,950 3,960,902 7,315,081 1,029,200 1,156,375 68,184,888 Special Revenue Funds: Street 325,441 800,000 0 825,000 85,000 0 1,796,722 3,832,163 Contingency Reserve 1,809,480 0 0 0 0 0 306,000 2,115,480 Lodging Tax 391,696 600,000 0 0 0 0 1,500 993,196 Parking System 838,221 0 0 0 0 400,500 1,496,178 2,734,899 Comm. Dev. Block Grant 136,586 0 0 620,000 10,000 0 95,500 862,086 Abatement Revolving Fund 419,072 0 0 0 0 50,000 100,500 569,572 Police Special Projects 746,166 0 0 0 0 0 2,500 748,666 Public Access Television 653,196 0 260,000 0 135,764 0 37,000 1,085,960 Gift & Donations Fund 258,077 0 0 0 0 0 3,370 261,447 Trial Improvement 104,301 0 0 18,275 0 0 600 123,176 One Percent for Arts 12,059 0 0 0 0 0 500 12,559 Conference Center Oper 576,466 0 0 0 1,079,557 0 450,700 2,106,723 Total Spec. Rev. Funds 6,270,761 1,400,000 260,000 1,463,275 1,310,321 450,500 4,291,070 15,445,927 Debt Service Fund: 2010 UTGO 120,744 900,000 0 0 0 0 100 1,020,844 Government Center LTGO 88,131 0 0 0 0 0 334,500 422,631 2015 Public Safety Bond 183,608 550,000 0 0 0 0 500 734,108 2019 Refunding LTGO 125,357 330,000 0 3,000 0 0 146,000 604,357 Total Debt Service Fund 517,840 1,780,000 0 3,000 0 0 481,100 2,781,940 Capital Improvement Funds: General Govt Capital Improv.8,323,009 3,000,000 0 0 0 0 25,000 11,348,009 Park Facilities Construction 253,587 0 0 0 0 0 755,300 1,008,887 Residential Street & Sidewalk Fund 0 0 0 0 0 0 0 0 Transportation Projects Fund 2,700,595 1,728,700 155,000 5,264,778 0 0 3,872,335 13,721,408 Fire Public Safety Capital 0 0 0 0 0 0 0 0 Affordable Housing Capital Fund 3,571 0 0 0 0 0 100,100 103,671 Total Capital Improv. Funds 11,280,762 4,728,700 155,000 5,264,778 0 0 4,752,735 26,181,975 Total General Gov't Funds 34,716,319 44,504,124 1,895,950 10,691,955 8,625,402 1,479,700 10,681,280 112,594,730 2023 REVENUE - ALL FUNDS BEG LIC.INTER-CHARGES FINES 2023 FUND AND GOV'T FOR AND OTHER TOTALFUNDBAL.TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET 2023 REVENUE - ALL FUNDS Enterprise Funds: Water Utility 2,309,906 0 0 0 15,592,500 20,000 520,411 18,442,817 Water Capital 10,099,145 0 0 0 0 0 4,796,057 14,895,202 Wastewater Utility 2,292,728 0 0 0 17,893,000 15,000 17,800 20,218,528 Wastewater Capital 8,660,167 0 0 0 0 0 7,096,098 15,756,265 Stormwater Utility 1,312,311 0 0 175,000 5,636,000 7,000 80,500 7,210,811 Stormwater Capital 4,264,969 0 0 1,010,000 0 0 1,530,906 6,805,875 Utility Debt Reserve 1,724,090 0 0 0 0 0 6,100 1,730,190 Gold Mountain Golf Complex 1,974,808 0 0 0 5,936,798 0 21,000 7,932,606 Total Enterprise Funds 32,638,124 0 0 1,185,000 45,058,298 42,000 14,068,872 92,992,294 Internal Service Funds: Risk Management 2,189,542 0 0 0 0 0 2,614,465 4,804,007 Employment Security 306,386 0 0 0 0 0 34,000 340,386 Accumulated Leave Liability 813,178 0 0 0 0 0 655,000 1,468,178 ER&R Operations & Maint.80,597 0 0 0 2,110,402 0 1,950 2,192,949 ER&R Equipment Reserve 2,578,885 0 0 0 0 0 1,427,550 4,006,435 Information Services 983,478 0 0 0 2,763,773 0 0 3,747,251 Total Internal Service Funds 6,952,066 0 0 0 4,874,175 0 4,732,965 16,559,206 Total Business Type Funds 39,590,190 0 0 1,185,000 49,932,473 42,000 18,801,837 109,551,500 Total All Funds 74,306,509 44,504,124 1,895,950 11,876,955 58,557,875 1,521,700 29,483,117 222,146,230 Beginning Fund Balance $74,306,509 34% Taxes $44,504,124 20% Licenses & Permits $1,895,950 1% Intergovernmental $11,876,955 5% Charges for Service $58,557,875 26% Fines & Forfeits $1,521,700 1%Other Revenue $29,483,117 13% Revenue Sources -All Funds AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 26, 2022 Ordinance to amend and re-establish City Rates & Fees for 2023 COUNCIL MEETING Date: November 2, 2022 Department: All Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: Each year, as part of the budget process, the various City departments review their charges, rates and fees for services and make recommendations on any changes needed. The attached included recommended changes to fees charged by the various departments. ATTACHMENTS: 1. Ordinance No. ______; and 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): Impacts to revenues are dependent on the demand for services. The 2023 proposed budget does anticipate the approval of the ordinance and related rate tables. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ____ amending and re-establishing City Rates and Fees for 2023. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A7 Page 1 of 2 2023 Rates & Fees ORDINANCE NO. ____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending and reestablishing rates and fees for services established in Ordinance No. 5439 relating to Animal Control, Bremerton Kitsap Access Television (“BKAT”), Department of Community Development, Department of Financial Services, Fire Department, Gold Mountain Golf Course, Ivy Green Cemetery, Kitsap Conference Center, Municipal Court, Parking, Parks and Recreation Department, Police Department, Public Records, Department of Public Works and Utilities, Tax & License, Telecommunications, Transportation Benefit District, and other related services. WHEREAS, the City Council, by this ordinance, desires to amend and reestablish the rates and fees established in Ordinance No. 5439; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Rate Tables Amended and Reestablished. The rates and fees relating to Animal Control, Bremerton Kitsap Access Television (“BKAT”), Department of Community Development, Department of Financial Services, Fire Department, Gold Mountain Golf Course, Ivy Green Cemetery, Kitsap Conference Center, Municipal Court, Parking, Parks and Recreation Department, Police Department, Public Records, Department of Public Works and Utilities, Tax & License, Telecommunications, Transportation Benefit District, and other related services, as set forth in Exhibit A of Ordinance No. 5439, are hereby amended and reestablished in their entirety as set forth in the attached Exhibit A of this ordinance, said exhibit is incorporated herein by this reference. SECTION 2. Rate Tables - Effective Date. The amendment and reestablishment of rate tables as set forth in Section 1 above shall be effective January 1, 2023. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. Page 2 of 2 2023 Rates & Fees PASSED by the City Council the___________ day of November, 2022. _________________________________ MICHAEL GOODNOW, Council President Approved this ________ day of November, 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. ________. 2022 RATES & FEES2023 RATES & FEES City of Bremerton Ordinance No. 5439 TABLE OF CONTENTS Rate Table Page ANIMAL CONTROL ........................................................................................... 1 BREMERTON KITSAP ACCESS TELEVISION (BKAT) ............................................. 2 DEPARTMENT OF COMMUNITY DEVELOPMENT .............................................. 3 DEPARTMENT OF FINANCIAL SERVICES ............................................................ 11 FIRE DEPARTMENT ........................................................................................... 12 GOLD MOUNTAIN GOLF COURSE ..................................................................... 14 IVY GREEN CEMETERY ...................................................................................... 15 KITSAP CONFERENCE CENTER .......................................................................... 16 MUNICIPAL COURT .......................................................................................... 17 PARKING .......................................................................................................... 18 PARKS & RECREATION DEPARTMENT ............................................................... 20 POLICE DEPARTMENT ...................................................................................... 25 PUBLIC RECORDS ............................................................................................. 26 DEPARTMENT OF PUBLIC WORKS & UTILITIES ................................................. 27 TAX & LICENSE ................................................................................................. 29 TELECOMMUNICATIONS .................................................................................. 30 TRANSPORTATION BENEFIT DISTRICT…………………………………………………………….31 20223 Rates & Fees 1 | Page TABLE A ANIMAL CONTROL FEES 1. Licenses for Dogs and Cats a) For Each Cat Spayed or Neutered (Upon Proof of Spaying or Neutering) − Annual $7.50 − Lifetime $25.00 b) For Each Dog Spayed or Neutered (Upon Proof of Spaying or Neutering) − Annual $12.50 − Lifetime $45.00 c) For Each Cat Not Spayed or Neutered $37.50 d) For Each Dog Not Spayed or Neutered $37.50 e) Senior Citizen Permanent Dog/Cat $12.50 f) Replacement Tag $1.00 g) Additional License Fee (for late renewal) $10.00 2. License for Chickens a) Annually up to five (5) chickens $12.50 b) Senior permanent for up to five (5) chickens $12.50 3. Impound and Redemption Fees - Domestic Animals a) Impound $45.00 b) Vaccination $45.00 c) Boarding (per day) $20.00 d) Medical care Case dependent e) Microchip $30.00 4. Impound and Redemption Fees - Livestock a) Impound $60.00 b) Boarding (per day) $40.00 c) Medical care Case dependent d) Special Transportation fee $120.00 2 | Page TABLE B BREMERTON KITSAP ACCESS TELEVISION (BKAT) 1. PRE-PRODUCTION a) Equipment Consultation $109.00105.00/hour b) Program Development $109.00105.00/hour c) Research $109.00105.00/hour d) Location $109.00105.00/hour e) Scripting $109.00105.00/hour f) Graphics Development $109.00105.00/hour 2. PRODUCTION* a) Set-up $109.00105.00/hour b) Production $109.00105.00/hour c) Breakdown $109.00105.00/hour *minimum of 2 hours for any productions 3. POST PRODUCTION a) Edit $109.00105.00/hour b) Voice Over $109.00105.00/hour 4. TRAINING a) Studio - 3 hours of camera and director training – max 4 people No Charge b) Edit – First 3 hours of Apple Final Cut No Charge Additional 5 hours of Apple Final Cut $50.00109.00/hour 5. MISCELLANEOUS a) DVD Duplication (includes tax) $35.84 b)a) Studio rental for non-members $109.00105/hour BKAT Staff as crew Additional $109.00105/hour 6. MEMBERSHIP (ANNUAL) a) Individual Resident (within Kitsap County) $25.00 b) Individual Non-Resident $50.00 c) Organization – Resident (within Kitsap County) $75.00 d) Organization – Non-Resident $150.00 7. PUBLIC SERVICE ANNOUNCEMENT BKAT will produce a PSA with or without voiceover. The public service announcement will air on BKAT for a minimum of two weeks. Client receives a digital copy for their own purposes. $109.00105.00/hour 8. AUDIOBOOK RECORDING a) Self Service Recording – Setup fee $50.00 flat fee b) Staff Assisted Recording $25.00 per hour 20223 Rates & Fees 3 | Page TABLE C DEPARTMENT OF COMMUNITY DEVELOPMENT 1. CODE ENFORCEMENT a) ABATEMENTS − Dangerous Building $900 + Direct Service and Supply Cost − Garbage & Weed $640 + Direct Service and Supply Cost b) ABANDONED PROPERTY FINES & PENALTIES − Failure to Register $1,000 + $100 per day − Failure to Inspect, Maintain, and/or Secure $1,000 + $100 per day c) RENTAL PROPERTY REGISTRATION FINES & PENALTIES − Failure to Register and File a Declaration of Compliance as Required $1,000 + $100 per day − Failure to Obtain a Certificate of Inspection When Required $1,000 + $100 per day 2. PLANNING a) SUBDIVISIONS − Boundary Line Adjustment $365 − Preliminary Short $1000 + $150/lot − Preliminary Formal Plat/Binding Site Plan $2500 (base) + per lot • 1-100 lots $150/lot • 101-200 lots $100/lot • 201 + lots $75/lot − Final Short $630 + $40/lot − Final Formal Plat/Binding Site Plan $945 + 40/lot − Minor Amendment $630 (no lot fee) − Extension $630 (no lot fee) b) SHORELINE MASTER PROGRAM − Substantial Development Permit $1300 − Conditional Use Permit – Type II $850 − Conditional Use Permit – Type III $1750 − Shoreline Variance $1750 − Permit Revision $325 − Shoreline Exemption $100 c) STATE ENVIRONMENTAL POLICY ACT (SEPA) − Checklist $320 − Environmental Impact Statement Review/Adoption $650 + additional cost of expertise 4 | Page d) PRE-APPLICATION CONFERENCE $100 e) ZONING ORDINANCE − Ordinance Amendments • Text $740 • Rezone (Map Amendment) $740 − Variance • Administrative $325 • Public Hearing/Single Family $500 • Public Hearing/Other $1750 − Development Agreements $1600 − Conditional Use Permit • Single Family Residential Type II $350 • Single Family Residential Type III $500 • Commercial / Non-Residential / Multifamily – Type II $850 • Commercial / Non-Residential / Multifamily – Type III $1750 − Non-Conforming Use Determination $275 − Director’s Code Interpretation $175 − Zoning Code Verification Hourly Rate f) COMPREHENSIVE PLAN − Text or Map Amendment $1500 − Combined Text and Map Amendment $2500 g) MULTIFAMILY TAX EXEMPTION − Application $1500 h) DESIGN REVIEW BOARD − Conceptual Design Conference $500 − Design Response Conference $500 i) CRITICAL AREA REVIEW Hourly Rate (Dangerous trees, tree removal in sloped area, etc.) j) FORESTRY Hourly Rate Conversion Harvest Option Plan 3. MISCELLANEOUS FEES a) APPEAL (to Hearing Examiner) $350 b) Hourly Rate $73.00 c) Technology Surcharge on Permits 5% of Permit Fee (Permit Surcharge Levied on Fees Noted with *) d) Third-Party Technical Review and Verification Actual Cost 20223 Rates & Fees 5 | Page (Geotechnical Evaluation, Habitat Review, Structural Engineering Review, Etc.) 4. SITE DEVELOPMENT a) SITE PLAN REVIEW − Commercial / Non-Residential / Multifamily – Type II $1,000 b) SITE DEVELOPMENT PERMIT* $1,000 c) GRADING PERMIT AND PLAN REVIEW FEES* Refer to Exhibit 4 5. BUILDING a) CERTIFICATE OF OCCUPANCY $73.00 b) BUILDING PERMIT FEES* Refer to Exhibit 1 c) BUILDING PLAN REVIEW FEE 65% of the building permit fee as set forth in Exhibit 1 d) ESTABLISHED “BASIC” PLAN REVIEW 50% of Plan Review Fee Pursuant to DCD policy e) BUILDING PERMIT FEE FOR REROOF* Valuation and Refer to Exhibit 1$100 f) MECHANICAL PERMIT FEES* − Residential Refer to Exhibit 2 − Commercial / Non-Residential / Multifamily Valuation and Refer to Exhibit 1 g) PLUMBING PERMIT FEES* − Residential Refer to Exhibit 3 − Commercial / Non-Residential / Multifamily Valuation and Refer to Exhibit 1 h) Stop Work Fee 100% of permit fee 6 | Page EXHIBIT 1 BUILDING AND OTHER PERMIT FEES TOTAL VALUATION1 FEE $1.00 TO $500.00 $35.00 $501.00 TO $2,000.00 $35.00 for the first $500.00 plus $3.00 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $40,000 $80.00 for the first $2,000.00 plus $11.00 for each additional $1,000.00, or fraction thereof, to and including $40,000 $40,001.00 to $100,000.00 $498.00 for the first $40,000; plus $9.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,038.00 for the first $100,000.00 plus $7.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,838.00for the first $500,000.00 plus $5.00 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 to 5,000,000.00 $6,338.00 for the first $1,000,000.00 plus $3.00 for each additional $1,000.00, or fraction thereof, to include $5,000,000.00 $5,000,001.00 and over $18,338.00 for the first $5,000,000.00; plus $1.00 for each additional $1,000.00 or fraction thereof Other Inspections and fees: 1. Inspections outside of normal business hours (minimum charge – two hours) Hourly rate per Rate Table C – Miscellaneous Fees 2. Re-inspection fees assessed under provisions of this chapter shall be as follows (per inspection): Hourly rate per Rate Table C – Miscellaneous Fees 3. Inspections for which no fee is specifically indicated (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees 4. Additional plan review required by changes, additions or revisions to plans (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees 5. For use of outside consultants for plan checking and inspections, or both Actual Costs 2 6. Manufactured Home Setup Fee Foundation Bid Price valuation used in Exhibit 1 7. Moved Building Permit Fee (not including other required permits) $100.00 8. Demolition permit Fee: 3 cents per square foot, with a minimum charge of $100.00 9. Energy Code Plan Review Surcharge for New Single Family Residences $50.00 1 Valuation includes fair market value of labor and materials. 2 Actual costs include administrative and overhead costs. 20223 Rates & Fees 7 | Page EXHIBIT 2 MECHANICAL PERMIT FEES Permit Issuance and Heaters Fee 1. For the issuance of each mechanical permit $25.00 2. For issuing each supplemental permit for which the original permit has not expired, been canceled or finaled $7.25 Unit Fee Schedule (Note: The following do not include permit-issuing fee) 1. Furnaces For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h (29.3 kW) $14.80 For the installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h (29.3 kW) $18.20 For the installation or relocation of each floor furnace, including vent $14.80 For the installation or relocation of each suspended heater, recessed wall heater or floor- mounted unit heater $14.80 2. Appliance Vents For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit $7.25 3. Repairs or Additions For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code $13.70 4. Boilers, Compressors and Absorption Systems For the installation or relocation of each boiler or compressor to and including 3 horsepower (10.6 kW), or each absorption system to and including 100,000 Btu/h (29.3 kW) $14.70 For the installation or relocation of each boiler or compressor over three horsepower (10.6 kW) to and including 15 horsepower (52.7 kW), or each absorption system over 100,000 Btu/h (29.3 kW) to and including 500,000 Btu/h (146.6 kW) $27.15 For the installation or relocation of each boiler or compressor over 15 horsepower (52.7 kW) to and including 30 horsepower (105.5 kW), or each absorption system over 500,000 Btu/h (146.6 kW) to and including 1,000,000 Btu/h (293.1 kW) $37.20 For the installation or relocation of each boiler or compressor over 30 horsepower (105.5 kW) to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h (293.1 kW) to and including 1,750,000 Btu/h (512.9 kW) $55.45 For the installation or relocation of each boiler or compressor over 50 horsepower (176 kW), or each absorption system over 1,750,000 Btu/h (512.9 kW) $92.65 5. Air Handlers 8 | Page For each air-handling unit to and including 10,000 cubic feet per minute (cfm) (4719 L/s), including ducts attached thereto Note: This fee does not apply to an air-handling unit which is a portion of a factory- assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code $10.65 For each air-handling unit over 10,000 cfm (4719 :s) $18.10 6. Evaporative Coolers For each evaporative cooler other than portable type $10.65 7. Ventilation and Exhaust For each ventilation fan connected to a single duct $7.25 For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit $10.65 For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood $10.65 8. Incinerators For the installation or relocation of each domestic-type incinerator $18.20 For the installation or relocation of each commercial or industrial-type incinerator $14.50 9. Miscellaneous For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the table $10.65 For each gas piping system $10.00 Other Inspections and Fees Inspections outside of normal business hours, per hour (minimum charge – two hours Hourly rate per Rate Table C – Miscellaneous Fees Re-inspection fees assessed under provisions of this chapter shall be as follows (per inspection): Hourly rate per Rate Table C – Miscellaneous Fees Inspections for which no fee is specifically indicated, per hour (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees 20223 Rates & Fees 9 | Page EXHIBIT 3 PLUMBING PERMIT FEES Permit Issuance 1. For issuing each permit $25.00 2. For issuing each supplemental permit $10.00 Unit Fee Schedule (in addition to items 1 and 2 above) 1. For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefore) $7.00 2. For each building sewer and each trailer park sewer $15.00 3. Rainwater systems – per drain (inside building) $7.00 4. For each cesspool (where permitted) $25.00 5. For each private sewage disposal system $40.00 6. For each water heater and/or vent $7.00 7. For each gas piping system $10.00 8. For each industrial waste pretreatment interceptor including its trap and vent, except kitchen-type grease interceptors functioning as fixture traps $7.00 9. For each installation, alteration or repair of water piping and/or water treating equipment, each $7.00 10. For each repair or alteration of drainage or vent piping, each fixture $7.00 11. For each lawn sprinkler system on any one meter including backflow protection devices therefore $7.00 12. For atmospheric-type vacuum breakers not included in item 12: 1 to 5 $5.00 Over 5, each $1.00 13. For each backflow protective device other than atmospheric type vacuum breakers: 2 inch (51 mm) diameter and smaller $7.00 Over 2 inch (51 mm) diameter $15.00 14. For each graywater system $40.00 15. For initial installation and testing for a reclaimed water system $30.001 16. For each annual cross-connection testing of a reclaimed water system (excluding initial test ) $30.001 17. For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific gas $50.00 18. For each additional medical gas inlet(s)/outlet(s) $5.00 Other Inspections and Fees 1. Inspections outside of normal business hours Hourly rate per Rate Table C – Miscellaneous Fees 2. Re-inspection fee Hourly rate per Rate Table C – Miscellaneous Fees 3. Inspections for which no fee is specifically indicated Hourly rate per Rate Table C – Miscellaneous Fees 4. Additional plan review required by changes, additions or revisions to approved plans (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees 10 | Page EXHIBIT 4 GRADING PLAN REVIEW FEES 50 cubic yards (38.2 m3) or less No fee 51 to 100 cubic yards (40 m3 to 76.5 m3) $23.50 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $37.00 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $49.25 10,001 100,000 cubic yards (7646.3 m3 to 76,455 m3) $49.25 for the first 10,000 cubic yards (7645.5 m3), plus $24.50 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 100,001 to 200,000 cubic yards (76,456 m3 to 152,911 m3) $269.75 for the first 100,000 cubic yards (76,455 m3), plus $13.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 200,001 cubic yards (152,912 m3) or more $402.25 for the first 200,000 cubic yards (152,911 m3), plus $7.25 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees GRADING PERMIT FEES1 50 cubic yards (38.2 m3) or less $23.50 51 to 100 cubic yards (40 m3 to 76.5 m3) $37.00 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $37.00 for the first 100 cubic yards (76.5 m3) plus $17.50 for each additional 100 cubic yards (76.5 m3) or fraction thereof 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $194.50 for the first 1,000 cubic yards (764.6 m3), plus $14.50 for each additional 1,000 cubic yards (764.6 m3) or fraction thereof 10,001 to 100,000 cubic yards (7646.3 m3 to 76,455 m3) $325.00 for the first 10,000 cubic yards (7645.5 m3), plus $66.00 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof 100,001 cubic yards (76,456 m3) or more $919.00 for the first 100,000 cubic yards (76,455 m3), plus $36.50 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge – two hours) Hourly rate per Rate Table C – Miscellaneous Fees 2. Re-inspection fees assessed under provisions of this chapter shall be as follows (per inspection): Hourly rate per Rate Table C – Miscellaneous Fees 3. Inspections for which no fee is specifically indicated (minimum charge – one-half hour) Hourly rate per Rate Table C – Miscellaneous Fees 1The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 20223 Rates & Fees 11 | Page TABLE D DEPARTMENT OF FINANCIAL SERVICES 1. CHECK HANDLING FEE $40.00 12 | Page TABLE E FIRE DEPARTMENT 1. REGULATORY LICENSE FEES a) BMC 9.48 Fireworks Stands / Displays $100/stand/year b) BMC 9.48.020(9) Cash Bond − Fireworks Stand Clean-Up (refundable) $50/stand/year − Citywide Fireworks Clean-up Fee (non-refundable) $50/stand/year c) BMC 18.06 − Ambulance Services $75.00/vehicle − Ambulance Inspections $75.00/vehicle 2. AMBULANCE TRANSPORT FEE a) ALS—1 $791.00 b) ALS – 2 $884.00 c) BLSE $620.00 d) Mileage $16.80/mile e) Itemized EMS Fees (one charge per transport) − ECG $70.00 − IV/10 $50.00 − O2 $50.00 − SPO2 $15.00 − CSPINE $40.00 − End Tidal CO2 $30.00 − C-PAP $175.00 3. EMS SERVICE CALL TO ASSISTED LIVING, LONG TERM CARE AND ADULT CARE FACILITIES $100 After first response per quarter 4. RE-INSPECTION FEE $73.00 5. HAZARD MATERIALS RESPONSE a) Rice Hull Ash Actual Cost per Bag b) Absorbent Pads Actual Cost per Bag 6. STAND-BY-TIME a) Fire Engine w/Crew of 2 $155.001 + $150.00 = $305.00/hour b) Fire Engine w/Crew of 3 $155.001 + $225.00 = $380.00/hour c) Fire Engine w/Crew of 4 $155.001 + $300.00 = $455.00/hour 7. ACTIVE FIREFIGHTING a) Fire Engine Washington Fire Chiefs Published Rate1 b) Aerial Ladder Washington Fire Chiefs Published Rate1 1Washington Fire Chiefs Association Wage & Equipment Rates for the Washington State Fire Service 20223 Rates & Fees 13 | Page 8. FIRE WATCH $75.00/hour 9. AFTER HOURS INSPECTION $75.00/hour – 2 hour Minimum 10. RUSH PLAN REVIEW $500.00 plus Standard Fees 11. OPERATIONAL PERMIT $100.00 12. FIRE SAFETY OFFICERS $75.00/hour – 2 hour minimum 13. FALSE FIRE ALARM $200.00 14 | Page TABLE F GOLD MOUNTAIN GOLF COURSE 1. CASCADE COURSE (prices do not include sales tax) a) Friday 18 Holes $45.0046.00 b) Weekday 18 Holes (Mon-Thurs) $40.0042.00 c) Weekend/Holiday 18 Holes (Note: 1) $50.0055.00 d) Weekday 9 Holes (Mon-Thurs) $30.00 e) Weekend/Holiday 9 Holes $32.00 f) Continuation Fee $32.00 g) Twilight Weekday (Mon-Thurs) $30.00 h) Twilight Weekend/Holiday $32.00 i) League Rate (Not Sat, Sun or Holiday) $26.00 j) Junior 18 Holes (Mon-Thurs) $18.00 k) Junior Twilight Weekend/Holiday $18.00 l) 36 Hole Special (Mon-Thurs) $95.00 m) 36 Hole Special (Fri-Sun) $110.00 n) Senior Punch Card (Not Sat, Sun or Holiday) (Note: 2) $280.00 o) Regular 10 Round Punch Card $320.00 p) Junior 10 Round Punch Card $130.00 q) Low Income Sr. Punch Card (Not Sat, Sun or Holiday) (Note: 2) $130.00 r) Daily Private Cart $20.00 s) Shotgun Tournament (Not To Exceed 18 Hole Green Fee) $85.00 2. OLYMPIC COURSE (prices do not include sales tax) a) Friday 18 Holes $72.0075.00 b) Weekday 18 Holes (Mon-Thurs) $62.00 c) Weekend/Holiday 18 Holes (Note: 1) $82.0085.00 d) Weekday 9 Holes (Mon-Thurs) $36.00 e) Weekend/Holiday 9 Holes $46.00 f) Continuation Fee $35.00 g) Twilight Weekday (Mon-Thurs) $36.00 h) Twilight Weekend/Holiday $46.00 i) League Rate (Not Sat, Sun or Holiday) $26.00 j) Junior 18 Holes (Mon-Thurs) $28.00 k) Junior Twilight Weekend/Holiday $28.00 l) 36 Hole Special (Mon-Thurs) $95.00 m) 36 Hole Special (Fri-Sun) $110.00 n) Shotgun Tournament (Not To Exceed 18 Hole Green Fee) $120.00 o) Olympic Punch card plus $30.00 p) Annual Pass Single $2,600.00 q) Annual Pass Couple $3,800.00 r) Annual Pass Family $4,400.00 s) Annual Pass Junior (Mon-Thurs) $700.00 1. Saturday, Sunday or Holiday (May-September Not to Exceed Rate) May be used for twilight any day of the week including holidays. 2. Ages 62 & up with household income < $18,000. 20223 Rates & Fees 15 | Page TABLE G IVY GREEN CEMETERY 1. GRAVE SITES a) Adult $1,493.001,552.00 b) Infant (Not in Infant Sections) $1,493.001,552.00 c) Infant Section $373.00388.00 d) Veteran $867.00902.00 e) Perpetual Care (collected at time of site sale) 10% of site fee 2. LINERS (Subject to sales tax) a) Casket Liner $1,000.001,030.00 b) Cremation Liner $245.00252.00 c) Infant Liner $408.00420.00 d) Oversized Liner $1,340.001,380.00 3. OPENING AND CLOSING a) Casket $870.00905.00 b) Cremation $312.00324.50 c) Infant $610.00634.50 d) Veteran $522.00543.00 4. DISINTERNMENT a) Adult $1,866.001,940.00 b) Infant $1,866.001,940.00 c) Urn $299.00311.00 d) Removal (only) $1,233.001,282.00 5. MARKER SETTING FEES a) Setting Fee $255.00400.00 6. GRAVE SIDE SERVICES a) Chairs & Awning $265.00450.00 7. MARKERS (Subject to sales tax) a) Markers Value based on size and type of marker 16 | Page TABLE H KITSAP CONFERENCE CENTER All Rates are Minimum Rates 1. ROOM RENTAL (in conjunction with food minimums) 1 a) Puget Sound Ballroom- per section (4 sections) $500.00 b) Oyster Bay Room $250.00 c) Marina Vista 1 & 2 – per section $200.00 d) Marina Vista 3 $500.00 e) Glacier Cove 1 & 2 – per section $200.00 f) Fountain Room $850.00 2. RECURRING ROOM RENTAL (at least 35 events per year) a) Room fee waived with food purchase for at least 60 people. 1. 501(c)3 Organizations receive 50% off Room Rental rate with purchase of an Event Package. 20223 Rates & Fees 17 | Page TABLE I MUNICIPAL COURT 1. EX PARTE FILING FEE $20.00ANTI- HARRASSMENT ORDER $73.00 2. HEARING EXAMINER APPEAL $73.00 3. TRAFFIC PENALTIES a) Inattention to Driving $139.00 b) Automated Traffic Safety Camera Violations $139.00 4. INSURANCE DISMISSAL ADMINISTRATIVE FEE $25.00 5. CERTIFIED DOCUMENT FEE (per document) $5.00 6. COPY FEE (per page) $0.250.50 7. COPY FEE (made to CD or other electronic device) $20.00 8. COPY OF ELECTRONIC RECORDING OF COURT PROCEEDING (per CD) $10.00 9. APPEAL PREPARATION FEE $40.00 10. NON-SUFFICIENT FUNDS FEE (NSF Fee) $40.00 18 | Page TABLE J PARKING 1. PARKING FEES* a) On-Street Locations − 3 hours $20.00 − 10 hours $30.00 b) Off-Street Location − 3 hours $20.00 − 10 hours $30.00 c) Parking Garage Monthly Permit $200.00/month d) Administrative Immobilization Fee (i.e. boot) $100.00/boot 2. RESIDENTIAL PARKING PERMITS* a) Residential Parking Permits − First Two Permits NO COST − Each additional permit issued not-to-exceed four permits per unit $100.00 b) Petition for Creation of Residential Restricted Parking Zone $100.00 c) Replacement of parking permit $10.00/permit d) Visitor Parking Permits NO COST e) Service/Landlord Permits NO COST 3. PARKING PENALTIES a) Overtime or Reparking − 1st Violation in 180 Days $20.00 − 2nd Violation in 180 Days $60.00 − 3rd or More Violation in 180 Days $180.00 b) Non-Payment in Collection Devices − 1st Violation in 180 days $20.00 − 2nd Violation in 180 days $60.00 − 3rd Violation in 180 days $180.00 c) Loading Zones $25.00 d) No Parking − 1st Violation in 180 days $30.00 − 2nd Violation in 180 days $60.00 − 3rd Violation in 180 days $180.00 e) Wrong Way $35.00 f) Parked on Sidewalk $30.00 g) Fire Hydrant $35.00 h) 12" From Curb $30.00 i) Physically Disabled (Public and Private) $450.00 j) Counterfeiting or User of Counterfeit Permits, − Tokens or Script $500.00 − Unauthorized Use of Permits $250.00 k) Blocked Driveway $35.00 l) Expired Tabs $45.00 m) 30 Foot to Stop Sign $30.00 20223 Rates & Fees 19 | Page n) Double Parked $35.00 o) No Stopping/No Standing $30.00 p) Failure to Respond – Additional Penalty $25.00 q) All parking infractions set forth in Chapter 10.10 BMC not identified above $30.00 *Rates are not-to-exceed rates. These rates shall apply unless reduced by the Department of Financial Services for a specific site or use. 20 | Page TABLE K PARKS AND RECREATION DEPARTMENT Non-Resident Fee – Base Fee plus 25% All Rates Listed Are “Not To Exceed” Fees 9. FACILITY USE RENTAL RATES • Facility use policies apply. • Appropriate taxes are included in rates unless otherwise noted. • Regular Groups (10 or more meetings a year, reserved in advance) may receive up to a 20% discount on Facility and Park Rental Fees. a) SHERIDAN PARK COMMUNITY CENTER – ROOM RENTAL RATES − (Group A) NON-COMMERCIAL – Rental Rates Recreation and/or educational purposes only. Per hour, two (2) hour minimum • Daytime (Monday – Friday: 8:30 AM to 5:00 PM) (i) Lounge $12.0014.00 (ii) Room A, B/C, Conference Room $10.0012.00 (iii) Gym $29.0032.00 • Evenings (Monday – Thursday: 5:00 PM to 10:00 PM) (i) Lounge $29.0030.00 (ii) Room A, B, Conference Room $23.0024.00 (iii) Gym $41.0043.00 (iv) Room Package (Lounge & Gym) $66.2570.00 (v) Entire building – Up to eight (8) hours* $760.00800.00 • Friday Evening (5:00 PM to 10:00 PM) & Saturday and Sunday (i) Lounge $34.5036.00 (ii) Room A, B, Conference Room $26.0028.00 (iii) Gym $48.0050.00 (iv) Room Package (Lounge & Gym) $78.0082.00 (v) Entire building – Up to eight (8) hours* $785.00825.00 − (Group B) COMMERCIAL – Rental Rates Per hour, two (2) hour minimum • Lounge $52.0054.00 • Room A, B, Conference Room $39.0042.00 • Gym $71.5075.00 • Room Package (Lounge & Gym) $117.00123.00 • Entire Building - Up to eight (8) hours* $1,172.001,237.00 *Entire building rental for events with 250 or more participants requires additional staffing fee at $18.2519.00 per hour. 20223 Rates & Fees 21 | Page b) BREMERTON SR. CITIZENS CENTER - ROOM RENTAL RATES − (Group A) NON-COMMERCIAL – Rental Rates • Per hour, two (2) hour minimum • Cardroom/Meeting Room $24.0025.00 • Main Room $47.0049.00 • Kitchen $24.0025.00 • Additional staffing per hour $18.2519.00 • Entire Facility up to eight (8) hours $520.00546.00 − (Group B) COMMERCIAL – Rental Rates • Per hour, (two ) 2 hour minimum • Cardroom/Meeting Room $36.0037.50 • Main Room $70.0073.50 • Kitchen $36.0037.50 • Additional staffing per hour $18.2519.00 • Entire Facility – Up to eight (8) hours $777.00819.00 PARK SHELTERS – RESERVATION FEES Four (4) hour sessions per reservation unless otherwise noted. Bremerton residents may reserve park shelters beginning January 1st for the upcoming year. Non- resident reservations will be accepted beginning February 1st. − (Group A) NON-COMMERCIAL – Rental Rates • Bachmann, Bataan, Lent Landing, Matan, NAD (Upper) Shelters and Gazebos $30.0032.00 • Blueberry Shelter $52.0055.00 • Evergreen Shelter 1 $83.0087.00 • Evergreen Shelter 2 or 3 $43.00 • Evergreen Shelter 4 (not reservable, first come first served) NO CHARGE • Evergreen Shelter 5 or 6 $45.0047.00 • Evergreen Amphitheatre with power $198.00200.00 • Kiwanis Park Shelter $43.0045.00 • Lions Park Shelter 1 $57.0060.00 • Lions Park Shelter 2 $43.0045.00 • Manette Park Shelter $43.0045.00 • Warren Avenue Playfield Shelter $43.0045.00 • Reserve portion of a park not having a shelter. $30.0032.00 − (Group B) COMMERCIAL – Rental Rates • Bachmann, Bataan, Lent Landing, Matan, NAD (Upper) Shelters and Gazebos $45.0048.00 • Blueberry Shelter $78.0082.50 • Evergreen Shelter 1 $124.50130.50 • Evergreen Shelter 2 or 3 $64.50 • Evergreen Shelter 4 (not reservable) NO CHARGE • Evergreen Shelter 5 or 6 $67.5070.50 • Evergreen Amphitheatre with power $295.50300.00 22 | Page • Kiwanis Park Shelter $64.5067.50 • Lions Park Shelter 1 $85.5090.00 • Lions Park Shelter 2 $64.5067.50 • Manette Park Shelter $64.5067.50 • Warren Avenue Playfield Shelter $64.5067.50 • Reserve portion of a park not having a shelter. $45.0048.00 c) SPECIAL EVENTS, CELEBRATIONS, WEDDINGS (Group A) NON-COMMERCIAL – Rental Rates − Harborside Fountain Park (Waterfront plaza only, per four (4) hour session $43.0045.00 − Louis Mentor Boardwalk $520.00545.00 − Stage (20’ x 24’) –Available Memorial Day-Labor Day (per day) $235.00250.00 (Group B) COMMERCIAL – Rental Rates − Harborside Fountain Park (Waterfront plaza only, per four (4) hour session $64.5067.50 − Louis Mentor Boardwalk $780.00817.50 − Stage (20’x24’) – Available Memorial Day-Labor Day (per day) $350.00367.50 d) ATHLETIC FIELD – RESERVATIONS Per hour unless noted − (Group A) NON-COMMERCIAL • Youth Use $17.5018.50 • Adult Use $32.5034.00 − (Group B) COMMERCIAL $58.0061.00 • Game Fees (i) Baseball/Softball $40.0042.00 (ii) Soccer $61.0064.00 (iii) Sand Volleyball $30.0031.50 e) BLUEBERRY PARK – P-PATCH ANNUAL RATE Non-commercial gardening only. − Raised Beds $14.0015.00 − 10’ x 20’ Beds $53.0055.00 − 16’ x 30’ Beds $76.0080.00 f) LIONS TENNIS COURT LIGHTS − 1 token (1 hour) $2.503.00 − 6 tokens (6 hours) $12.0014.50 2. PROGRAM FEES & CHARGES a) NEW PROGRAMS See Section 3, subsection (a) b) ATHLETIC PROGRAM FEES − VOLLEYBALL 20223 Rates & Fees 23 | Page • League Play (per team, per game) $30.0031.00 • Open Gym (Oct. – June) per person $5.00 • Sand Volleyball $30.0031.00 − BASKETBALL • Men’s League Play (per team, per game) $64.0067.00 • Boy’s League Play (per team, per game) $40.0042.00 • Boy’s League (Individual Registration - per individual) $50.0052.00 - PICKLEBALL • Drop In $3.004.00 • 10-Visit Punchcard $24.0032.00 − SOFTBALL • Adult League Play (per team, per game) $48.0050.40 • Adult League – Players fee (per player, per game) $2.132.20 − TOURNAMENTS (BASEBALL/SOFTBALL AND SOCCER) INVITATIONAL TOURNAMENTS c) Lions – One Day $445.00463.00 d) Lions – Two Day $710.00739.00 e) Lions – Three Day $945.00983.00 f) Pendergast – One Day $585.00609.00 g) Pendergast – Two Day $915.00952.00 h) Pendergast – Three Day $1,110.001,155.00 STATE TOURNAMENTS* i) Lions – One Day $620.00645.00 j) Lions – Two Day $925.00962.00 k) Lions – Three Day $1,075.001,119.00 l) Pendergast – One Day $805.00838.00 m) Pendergast – Two Day $1075.001,119.00 n) Pendergast – Three Day $1,275.001,327.00 *Regional and National Tournaments cost to be negotiated depending on field preparation requirements. 3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS a) PROGRAM FEE FORMULAS. Except for the Sr. Citizens Trip program, participant fees for activities (programs, classes, events, etc.) promoted by the Sr. Citizen Center and the Recreation Division are established by the following formulas: − Activities when the instructor is on City payroll. *Based on “Not-to-Exceed” rates [(Total class hours including preparation) x (Instructor’s hourly wage) x (1.5 Administration factor)] divided by (minimum # of students per activity)] + (the cost of group supplies divided by minimum # of students) + Cost of individual class supplies, if applicable = Student class fee for 24 | Page City of Bremerton Resident − Activities taught by contracted instruction. *Based on “Not-to-Exceed” rates [(Price per student required by the Instructor less class supply fees) x (1.5 Administration factor)] + Class supply fees = Student class fee for City of Bremerton Resident. − Non-Resident Fees for Recreational Programs. For recreation classes, programs, and rentals – ranging from: • $5.00 to $25.00 add on 25% • $25.01 to $50.00 add a flat $6.25 • $50.01 to $100.00 add a flat $12.50 • $100.01 to $200.00 add a flat $25.00 • $200.01 to $400.00add a flat $50.00 • $400.01 to $750.00 add a flat $100.00 • $750.01 to $1,000.00 add a flat $150.00 • $1,000.00 + add a flat $200.00 b) SENIOR CENTER ACTIVITIES (AGE 55+) Couples Membership is for two people, at least one needs to be 55 or better, who reside at the same address. Associate Memberships are for those individuals not yet 55 but still would like to participate in the programs, trips and classes offered at the Center. − Senior Citizen – City Resident annual membership $17.5020.00 − Senior Citizen – Non-Resident annual membership $35.00 − Senior Center – City Resident Couples annual membership $26.0032.00 − Senior Center – Non-Resident Couples annual membership $52.00 − Senior Center – City Resident Associate annual membership $26.0032.00 − Senior Center – Non-Resident Associate annual membership $52.00 c) SENIOR CENTER TRIPS Cost plus 25% 20223 Rates & Fees 25 | Page TABLE L POLICE DEPARTMENT 1. TRAFFIC ACCIDENT REPORTS $10.00 2. FINGERPRINTS – 1st Card $10.00 a) Each Additional Card $10.00 3. CRIMINAL HISTORY CHECK $10.00 4. ALARM COMPLIANCE FEE a) 1st False Alarm in any 1 Quarter $60.00 b) 2nd False Alarm in the same Quarter $80.00 c) 3rd False Alarm in the same Quarter or Subsequent Alarms in a Calendar Quarter $160.00 5. SERVICE FEE FOR ANTI-HARASSMENT ORDER $50.00 6. SERVICE OF ARREST WARRANTS AND SUBPOENAS a) Arrest Warrant $15.00 plus mileage b) Subpoena $6.00 plus mileage c) Preparation of return of service $5.00 Mileage (for each mile actually and necessarily traveled by a member of the Police Department in going to or returning from any place of service, or attempted service) current business mileage rate allowed by the Internal Revenue Service. 7. TAXICABS a) Taxicab Business Certificate $30.00/year b) Taxicab Driver’s Certificate $30.00/year c) Vehicle Decal $10.00/vehicle/year d) Annual Renewal $30.00 e) Certificate Changes $10.00 f) Finger prints $10.00 g) WSP Background Check (effective 1/1/2019) $51.25 WSP Background Check (effective 7/1/2019) $71.25 8. CONCEALED WEAPONS PERMITS (Rates set by State subject to change) a) New Permit (effective 1/1/2019) $49.25 b) Renewal Permit $32.00 c) Late Permit $42.00 d) Replacement $10.00 e) Firearm Dealer License $125.00 9. BODY WORN CAMERA RECORDINGS* per RCW 42.56.240(14) $60.00 per hour of video *Research and Redaction Processing – Processing requires full playback of each video by the processing technician before redaction begins to verify the involvement of each party in the footage and ensure the footage is redacted in accordance with Washington state law. Please keep this in mind when requesting footage from multiple BWCs or for footage for long timeframes. 26 | Page TABLE M PUBLIC RECORD FEES 1. Copy or Print - Letter or Legal paper sizeMaximum size is 11x17 (No fee for first 50 pages) $0.15/page 2. Scan – Letter or Legal paper sizeMaximum size is 11x17 (No fee for first 50 pages) $0.10/page 3. Electronic Files or Attachments uploaded to email, cloud-based data storage service or other means of electronic delivery $0.05/4 files 4. Transmission of Public Records in an Electronic Format $0.10/GB 5. Video Reproduction (includes personnel time)Customized service charge for requests requiring the use of information technology expertise per RCW 42.56.120(3) Actual Costs 6. CD/DVD $2.00 7. USB 2 GBDigital Storage Media or Device Actual Cost $5.00 8. Postage or Delivery Charges Actual Costs 9. Certified copies of public records. The maximum size for photocopies is 11x17cation $5.00 per document 10. Oversized Plans, Aerial Photos, Drawings, and Maps (Black and White) $8.00/page or Actual Costs when performed by a Vendor 11. Color GIS Plotted Maps $5.00/sq. ft. 12. Other Documents: a) Medical Records $19.00 b) Fire Incident/Investigation Reports $8.00 c) Budget − (Hard Copy) $70.00 − (Electronic Version) $10.00 d) Annual Report − (Hard Copy) $35.00 − (Electronic Version) $10.00 In addition to the above fees, each department may establish fees for records that do not fall into one of the above categories. Each department and the City Clerk shall have the department's fee schedule available for inspection upon request. 20223 Rates & Fees 27 | Page TABLE N PUBLIC WORKS AND UTILITIES DEPARTMENT 1. RIGHT-OF WAY USE PERMITS FEES a) Type A (Short Term Use) Regular (Misc. Construction) $320.00345.00 − Dumpster – Individual personal use NO CHARGE − Dumpster – Commercial/Construction $320.00345.00 b) Type B (Disturbance of ROW) − Sidewalk Repairs (2 inspections) NO CHARGE − Driveway, Transverse Street Patch and Spot Patches (2 inspections) $320.00345.00 − Frontage Improvements (curb, gutter, sidewalk, illumination, etc.); Longitudinal Street Patch; and Utility Installation $4.004.32/ft with a $240.00260.00 minimum − New Street $6.807.34/ft with a $815.00880.00 minimum − Water & Sewer Mains & Laterals (ROW Permit) (2 inspections) $320.00345.00 − Additional Inspection $80.0086.00/hour + equipment charges c) Type C (Long Term Use) − Application and Processing $320.00345.00 − Annual Renewal $80.0086.00 d) Type D Regular (Franchised Utility Routine Maintenance) $160.00173.00 e) Plan Reviews $0.250.27/foot of improvement with $160.00173.00 minimum 2. ADDITIONAL WORK $80.0086.00/hour + Equipment Charges 3. RIGHT-OF-WAY VACATION $1,750.001,900.00 4. BMC 10.24 HOUSEMOVING/OVERSIZE LOADS $640.00690.00+$69.0075.00/mile to .10 of a mile 5. BANNER FEE INSTALL/REMOVAL $212.00 6. SIGN CREATION $COST 7. TRAFFIC CONTROL $80.0086.00/hour + Equipment Charges 8. TRAFFIC CONTROL DEVICES a) Barricades if not returned $30.00/barricade b) Barricades $20.00 per barricade per day c) Cones, if not returned or damaged $16.00/cone d) Cones $2.00 per cone per day 28 | Page e) Signs, if not returned or damaged $215.00/sign f) Signs $18.00 per sign per day g) Labor Rate Hourly (equipment not included) $80.0086.00 9. SIGN CREATION COST 10.9. BLOCK PARTY STREET CLOSURE $25.00 20223 Rates & Fees 29 | Page TABLE O TAX & LICENSE 1. REGULATORY LICENSE FEES a) BMC 5.17 Charitable Solicitation − Non-Profit $25.00/60 days − Professional Fundraiser $675.00/60 days b) BMC 5.22 Dance/Public $265.00/yr or $70.00/30 days c) BMC 5.96 Erotic Dance Studios $700.00/yr d) Dancers $100.00/yr e) BMC 5.16 Mobile Food Vendor $150.00/veh/yr f) BMC 5.16 Peddlers $75.00/yr or $25.00/30 days g) BMC 5.36 Special Events $100.00/event h) BMC 5.08 Street/Sidewalk Vendors $100/yr i) Site Relocation $50.00 j) BMC 5.16 Temporary Merchant $400.00/30 days 2. BUSINESS LICENSE FEE a) BMC 5.02 $75.00/yr 30 | Page TABLE P TELECOMMUNICATIONS 1. TOWER LEASE - APPLICATION, RENEWAL AND ASSIGNMENT FEE $530.00 2. CABLE FRANCHISE APPLICATION AND RENEWAL FEE DEPOSIT1 $3,588.00 1Actual cost will be based on staff time. City may require additional deposit(s) up to $3,500 per deposit if funds are exhausted. 3. MASTER PERMIT - APPLICATION AND RENEWAL FEE DEPOSITS2 $5,125.00 2Actual cost will be based on staff time plus legal review. City may require additional deposit(s) up to $5,000 per deposit if funds are exhausted. 4. TELECOM LICENSE FEE $222.00/one time 20223 Rates & Fees 31 | Page TABLE Q TRANSPORTATION BENEFIT DISTRICT 1. VEHICLE TAB FEE $20.00 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 26, 2022 Ordinance to amend and re-establish Utility Assessments, Rates, Fees & Charges for 2023 COUNCIL MEETING Date: November 2, 2022 Department: Financial Services and PW&U Presenter: Mike Riley/Tom Knuckey Phone: (360) 473-5303 SUMMARY: Ordinance to amend and re-establish the 2023 Utility Assessments, Rates, Fees, and Charges. ATTACHMENTS: 1. Ordinance No. ______; and 2) Exhibit A Updated FISCAL IMPACTS (Include Budgeted Amount): General facilities charges (GFC’s) were adjusted by change in the Construction Cost Index for all urban consumers, Seattle for the month ending August 31, 2022 at 3.39% while other rates and fees were adjusted by either a 5 year CPI average or actual costs models. The Utility rates are incorporated in the 2023 Proposed Budget. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ____ amending and re-establishing 2023 Assessments, Rates, Fees, and Charges for Water, Wastewater, Stormwater, and other related services. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A8 Updated 1 2023 Utilities Rates and Fees ORDINANCE NO. ____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending and reestablishing the assessments, rates, fees and charges established in Ordinance No. 5440 regarding rates and fees relating to the Department of Public Works and Utilities for water, wastewater, stormwater and other related services. WHEREAS, the City Council desires to amend and reestablish the assessments, rates, fees, and charges (“Rates and Fees”) relating to the Department of Public Works and Utilities for general facility charges and water, wastewater, stormwater, and other related services established in Exhibit A of Ordinance No. 5440; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Rate Tables established. Rates and fees for services relating to the Department of Public Works and Utilities for general facilities charges and water, wastewater, stormwater, and other related services, as established in Exhibit A of Ordinance No. 5440, are hereby amended and reestablished in their entirety as set forth in the attached Exhibit A of this ordinance, said exhibit is incorporated herein by this reference. SECTION 2. Rate Tables – Effective Date. The amendment and reestablishment of rate tables as set forth in Section 1 above shall be effective January 1, 2023. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval, and publication as provided by law. PASSED by the City Council the _____ day of November, 2022. _________________________________ MICHAEL GOODNOW, Council President 2 2023 Utilities Rates and Fees Approved this ________ day of November, 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. ________. 2021 GENERAL FACILITY CHARGES Water based on meter size average normal flow 5/8" x 3/4" 6,291.00$ 1" 6,291.00$ 1" Commercial 8,619.00$ 1 1/2" Commercial 50,327.00$ 2" Commercial 50,327.00$ 3" Commercial 125,818.00$ 4" Commercial 251,636.00$ Greater than 4" 5/8" x 3/4" 7,342.00$ 1" 7,342.00$ 1" Commercial 9,105.00$ 1 1/2" Commercial 51,398.00$ 2" Commercial 51,398.00$ 3" Commercial 132,167.00$ 4" Commercial 264,332.00$ Greater than 4" Stormwater (per IHSU)1,510.00$ CONNECTION FEES Water Connection Fees Inside Outside 5/8" x 3/4"3,376.00$ 3,376.00$ 5,064.00$ 5,064.00$ 1"3,562.00$ 3,562.00$ 5,343.00$ 5,343.00$ 1 1/2"8,558.00$ 8,558.00$ 12,837.00$ 12,837.00$ 2"9,022.00$ 9,022.00$ 13,533.00$ 13,533.00$ 3" 16,169.00$ 16,169.00$ 24,254.00$ 24,254.00$ 4" 18,246.00$ 18,246.00$ 27,369.00$ 27,369.00$ 6" 23,426.00$ 23,426.00$ 35,139.00$ 35,139.00$ 8" 29,444.00$ 29,444.00$ 44,166.00$ 44,166.00$ 10" 37,621.00$ 37,621.00$ 56,432.00$ 56,432.00$ 12" and greater Wet Tapping (Water Main Only, excluding excavation & backfill)* 4" 2,995.00$ 2,995.00$ 4,493.00$ 4,493.00$ 6" 3,252.00$ 3,252.00$ 4,878.00$ 4,878.00$ 8" 4,145.00$ 4,145.00$ 6,218.00$ 6,218.00$ 10"6,728.00$ 6,728.00$ 10,092.00$ 10,092.00$ 12"8,079.00$ 12,119.00$ 12" and greater ** Greater than 12" 129,228.00$ Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2022 2022 Inside Outside City Limits 6,461.00$ 6,461.00$ 8,853.00$ 51,691.00$ 51,691.00$ 1,551.00$ 258,455.00$ Case by Case basis Wastewater based on meter size average normal flow 7,541.00$ 7,541.00$ 9,352.00$ 52,791.00$ 52,791.00$ 135,749.00$ 271,495.00$ Case by Case basis Actual time & material + equipment Actual time & material + equipment 1 of 16 2021 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2022 2022 Wet Tapping (Water Main to Property Line)*Inside Outside 2" - service 4,825.00$ 4,825.00$ 7,238.00$ 7,238.00$ 4"11,067.00$ 11,067.00$ 16,601.00$ 16,601.00$ 6"11,342.00$ 11,342.00$ 17,013.00$ 17,013.00$ 8"13,035.00$ 13,035.00$ 19,553.00$ 19,553.00$ 10" 15,792.00$ 15,792.00$ 23,688.00$ 23,688.00$ 12"18,029.00$ 27,044.00$ 12" and greater ** Greater than 12" Fire Hydrant Installation* 6" x 8" and smaller - service to property line 14,312.00$ 14,312.00$ 21,468.00$ 21,468.00$ 6"x 10" - service to property line 14,405.00$ 14,405.00$ 21,608.00$ 21,608.00$ 6"x 12" service to property line 14,389.00$ 14,389.00$ 21,584.00$ 21,584.00$ PLAN CHECK/INSPECTION FEES Engineering Services**Inside Outside Plan Check Fees Main Extensions: per foot 0.57$ 0.57$ 0.86$ 0.86$ BUT not less than 383.00$ 383.00$ 575.00$ 575.00$ (Includes hydrants and appurtenances and connection to water system) Pump Stations 3,200.00$ 3,200.00$ 4,800.00$ 4,800.00$ Fireline Extension 160.00$ 160.00$ 240.00$ 240.00$ Irrigation Systems 160.00$ 160.00$ 240.00$ 240.00$ Miscellaneous (per hour) plus equipment 80.00$ 80.00$ 120.00$ 120.00$ Storm Drainage Plan Review Fees *** Preliminary Drainage Plans Residential Development 640.00$ 640.00$ N/A N/A Non-Residential Development 400.00$ 400.00$ N/A N/A Plus per IHSU 20.00$ 20.00$ Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots 68.00$ 68.00$ N/A N/A 21 - 50 Lots 60.00$ 60.00$ N/A N/A 51 - 100 Lots 48.00$ 48.00$ N/A N/A 100+ Lots 40.00$ 40.00$ N/A N/A Minimum Charge 480.00$ 480.00$ N/A N/A Non-Residential Development per IHSU 40.00$ 40.00$ N/A N/A Minimum Charge 480.00$ 480.00$ N/A N/A Resubmittal Fees First Resubmittal No Charge No Charge N/A N/A Subsequent Resubmittal 480.00$ 480.00$ N/A N/A Actual time & material + equipment 2 of 16 2021 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2022 2022 Field Inspection Fees Inside Outside Water main extensions (per foot)1.60$ 1.60$ 2.40$ 2.40$ but not less than:560.00$ 560.00$ 840.00$ 840.00$ Pump Station 3,200.00$ 3,200.00$ 4,800.00$ 4,800.00$ Miscellaneous (per hour)80.00$ 80.00$ 120.00$ 120.00$ Wastewater Connection Fees ** Lateral Connection at P/L 160.00$ 160.00$ 240.00$ 240.00$ Lateral Connection at Main 400.00$ 400.00$ 600.00$ 600.00$ Conveyance Facility Ext. (Per Foot)3.20$ 3.20$ 5.00$ 5.00$ but not less than:800.00$ 800.00$ 1,200.00$ 1,200.00$ Pump Station 3,200.00$ 3,200.00$ 4,800.00$ 4,800.00$ Miscellaneous (per hour)80.00$ 80.00$ 120.00$ 120.00$ Storm Drainage Inspection Fees *** Residential Development (per lot)80.00$ 80.00$ N/A N/A Non-Residential Development (per IHSU)40.00$ 40.00$ N/A N/A Minimum Charge 320.00$ 320.00$ N/A N/A Conveyance Facility Extensions (per foot)2.00$ 2.00$ N/A N/A Minimum Charge 480.00$ 480.00$ N/A N/A Unscheduled Inspections**** (per site visit)80.00$ 80.00$ N/A N/A MISCELLANEOUS FEES AND CHARGES Office Services Inside Outside New Account (includes water turn-on)23.00$ 23.00$ N/A N/A Account Maintenance 5.00$ 5.00$ N/A N/A Past Due Notice 3.00$ 3.00$ N/A N/A ACH Credit -$ -$ N/A N/A Lien Recovery Charge 147.00$ 147.00$ N/A N/A Close Account/Meter Read/Water Service Turn- off 23.00$ 23.00$ N/A N/A Utility/Lien Search Fee (Manual) per parcel 34.00$ 36.00$ N/A N/A Park Reservation Fee (non-refundable)125.00$ 125.00$ N/A N/A Park Reservation Refundable Deposit 100.00$ 100.00$ N/A N/A Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch 1,585.00$ 1,585.00$ 2,378.00$ 2,378.00$ Concrete Patch 1,785.00$ 1,785.00$ 2,678.00$ 2,678.00$ Asphalt Trench 3,558.00$ 3,558.00$ 5,337.00$ 5,337.00$ Concrete Trench 3,543.00$ 3,543.00$ 5,315.00$ 5,315.00$ 3 of 16 2021 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2022 2022 Field Services (continued)Inside Outside County Road Permit N/A N/A N/A Cost Cost Water Meter Installation 3/4" & 1"161.00$ 161.00$ 242.00$ 242.00$ 1-1/2" & 2"256.00$ 256.00$ 384.00$ 384.00$ 3" and greater Water Meter Reactivation 66.00$ 66.00$ 99.00$ 99.00$ Water Meter Reinstallation 161.00$ 161.00$ 242.00$ 242.00$ Water Meter Deactivation 66.00$ 66.00$ 99.00$ 99.00$ Water Meter Tampering Tampering Fee 458.00$ 458.00$ 687.00$ 687.00$ Tampering Repair Fire Service - Detector, Meter & MXU 613.00$ 613.00$ 920.00$ 920.00$ Storz Adapter 323.00$ 323.00$ 485.00$ 485.00$ Water Service Turn-off/Turn-on (Customer Request) Regular Hours 66.00$ 66.00$ 99.00$ 99.00$ After Hours 190.00$ 190.00$ 428.00$ 190.00$ Delinquency Notice 23.00$ 23.00$ N/A N/A Water Service Turn-off/Turn-on (Delinquent Accounts) Regular Hours 65.00$ 65.00$ N/A N/A After Hours 190.00$ 190.00$ 428.00$ 190.00$ Flow and Pressure Test (Uncertified) 3/4" & 1" meters only 114.00$ 114.00$ 171.00$ 171.00$ 1-1/2" & 2" meters only 209.00$ 209.00$ 314.00$ 314.00$ Larger than 2" Meter Test Fee (based on meter size) 3/4" & 1"256.00$ 256.00$ 384.00$ 384.00$ 1-1/2" & 2"351.00$ 351.00$ 527.00$ 527.00$ 3" or greater Utility Plant Locates Regular Hours N/C N/C N/C N/C After Hours 285.00$ 285.00$ 428.00$ 428.00$ Emergency N/C N/C N/C N/C Utility Compliance Specialist Inspection 114.00$ 114.00$ 171.00$ 171.00$ Administration Fee 47.00$ 47.00$ 71.00$ 71.00$ Utility Labor Rate Hourly (Eqp not included)95.00$ 95.00$ 143.00$ 143.00$ Actual Time, Materials & Equipment Actual Time, Materials & Equipment Actual Time, Materials & Equipment Actual Time, Materials & Equipment 4 of 16 2021 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2022 2022 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Inside Outside Meter Size 5/8 x 3/4 inches 14.73$ 14.73 22.08$ 22.08$ 1 inch 16.83$ 16.83 25.26$ 25.26$ 1 1/2 inch 23.93$ 23.93 35.90$ 35.90$ 2 inch 32.15$ 32.15 48.21$ 48.21$ 3 inch 61.00$ 61.00 91.48$ 91.48$ 4 inch 113.34$ 113.34 170.00$ 170.00$ 6 inch 402.98$ 402.98 604.47$ 604.47$ 8 inch 1,472.00$ 1,472.00 2,208.02$ 2,208.02$ 10 inch 5,250.01$ 5,250.01 7,875.00$ 7,875.00$ 12 inch 19,736.47$ 19,736.47 29,604.69$ 29,604.69$ Residential Commodity Charge (per HCF) Per HCF/Month 2.54$ 2.54 3.81$ 3.81 Non - Residential Commodity Charge (per HCF)2.30$ 2.30 3.44$ 3.44 Fire Protection - Monthly Service Charge Service Size 1 inch 30.56$ 30.56 45.82$ 45.82 1 1/2 inch 45.99$ 45.99 68.98$ 68.98 2 inch 59.79$ 59.79 89.68$ 89.68 3 inch 65.87$ 65.87 98.83$ 98.83 4 inch 71.81$ 71.81 107.71$ 107.71 6 inch 89.63$ 89.63 134.44$ 134.44 8 inch 119.33$ 119.33 178.99$ 178.99 10 inch 166.98$ 166.98 250.49$ 250.49 12 inch 238.55$ 238.55 357.83$ 357.83 Commodity Charge (per HCF)4.60$ 4.60 6.90$ 6.90 - For Usage Other Than Firefighting Low-Income (1) Senior and Low-Income(1) Disabled Citizen - Monthly Service Charge General Service - meter size 5/8" x 3/4" 8.84$ 8.84 13.25$ 13.25 General Service - meter size 1"10.10$ 10.10 15.16$ 15.16 Residential Commodity Charge (per HCF) Per HCF/Month 1.52$ 1.52 2.29$ 2.29 Temporary/Construction Meter 1" Meter Deposit 500.00$ 500.00 750.00$ 750.00$ Base Fee (per month)16.83$ 16.83 25.26$ 25.26$ Set Up Fee & Removal Fee 342.00$ 342.00$ 513.00$ 513.00$ 5 of 16 2021 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2022 2022 RETAIL WATER SERVICE RATES (CONTINUED)Inside Outside Temporary/Construction Meter (continued) Hydrant meter (3" Meter) Deposit 3,000.00$ 3,000.00 4,500.00$ 4,500.00$ Base Fee (per month)61.00$ 61.00 91.50$ 91.50$ Set Up Fee 342.00$ 342.00$ 513.00$ 513.00$ Equipment Loss/Damage Commodity Charge (per HCF)2.30$ 2.30 3.44$ 3.44 City Parks and Recreation Dept. - Irrigation Commodity Charge (per HCF)1.15$ 1.15 Gold Mountain Golf Course Complex - Irrigation Commodity Charge (per HCF)1.56$ 1.56 RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Inside Outside Single Family Base Charge (per account)37.23$ 37.23 55.85$ 55.85 Commodity Charge (per HCF)5.00$ 5.00 7.49$ 7.49 Duplex on 1 Meter or 2 Bldgs. on 1 Meter Base Charge (per unit)29.48$ 29.48 44.23$ 44.23 Commodity Charge (per HCF)5.00$ 5.00 7.49$ 7.49 Multi - Family Base Charge (per unit)29.48$ 29.48 44.23$ 44.23 Commodity Charge (per HCF)5.00$ 5.00 7.49$ 7.49 Low-Income (1) Senior and Low-Income(1) Disabled Citizen Base Charge (per account)22.34$ 22.34 33.51$ 33.51 Commodity Charge (per HCF)3.00$ 3.00 4.49$ 4.49 Commercial I Base Charge (per account)55.04$ 55.04 82.56$ 82.56 Commodity Charge (per HCF)5.15$ 5.15 7.71$ 7.71 Commercial II Base Charge (per account)55.44$ 55.44 83.16$ 83.16 Commodity Charge (per HCF)6.59$ 6.59 9.89$ 9.89 Commercial III Base Charge (per account)55.99$ 55.99 84.00$ 84.00 Commodity Charge (per HCF)8.05$ 8.05 12.07$ 12.07 Actual Time, Materials & Equipment 6 of 16 2021 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2022 2022 RETAIL WASTEWATER SERVICE RATES (CONTINUED) Monthly Service Charge Inside Outside Commercial IV Base Charge (per account)56.54$ 56.54 84.81$ 84.81 Commodity Charge (per HCF)9.51$ 9.51 14.26$ 14.26 Commercial V Base Charge (per account)62.19$ 62.19 93.31$ 93.31 Commodity Charge (per HCF)11.89$ 11.89 17.83$ 17.83 Commercial VI Base Charge (per account)68.40$ 68.40 102.62$ 102.62 Commodity Charge (per HCF)14.85$ 14.85 22.28$ 22.28 Commercial VII Base Charge (per account)75.25$ 75.25 112.88$ 112.88 Commodity Charge (per HCF)17.35$ 17.35 26.03$ 26.03 Commercial Special Base Charge (per account)82.77$ 82.77 124.16$ 124.16 Commodity Charge (per HCF)23.22$ 23.22 34.79$ 34.79 Beverage Production Base Charge (per account)55.99$ 55.99 84.00$ 84.00 Commodity Charge (per HCF)5.23$ 5.23 7.84$ 7.84 Commercial Fountains - Separately Metered Base Charge (per account)55.04$ 55.04 82.56$ 82.56 Commodity Charge (per HCF)1.70$ 1.70 2.54$ 2.54 Septage Disposal (per gallon of tank capacity)0.28$ 0.28 0.41$ 0.41 Leachate Per Gallon of Tank Capacity Individual Residential Grinder Pumps Grinder Pump Surcharge 12.00$ 12.00 18.00$ 18.00 Low-Income (1) Senior and Low-Income(1) Disabled Citizen Grinder Pump Surcharge 7.20$ 7.20 10.80$ 10.80 RETAIL STORMWATER RATES Monthly Service Charge Inside Outside Residential I (Single Family/Duplex) Base Charge (per account)17.54$ 17.54 N/A N/A Exception: Duplex with 2 Meters (per account)8.77$ 8.77 N/A N/A 7 of 16 2021 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2022 2022 RETAIL STORMWATER RATES (CONTINUED) Monthly Service Charge Inside Outside Residential II - SW Impact Fee (per IHSU) 50% of the Res I Base Charge 8.77$ 8.77 N/A N/A Residential III - SW Impact Fee (per IHSU) 100% of the Res I Base Charge 17.54$ 17.54 N/A N/A Commercial I Base Charge (per IHSU)17.54$ 17.54 N/A N/A Commercial II - SW Impact Fee (per IHSU) 50% of the Comm I Base Charge 8.77$ 8.77 N/A N/A Commercial III - SW Impact Fee (per IHSU) 100% of the Comm I Base Charge 17.54$ 17.54 N/A N/A Public School Districts (per account)17.54$ 17.54 N/A N/A Low-Income (1) Senior and Low-Income(1) Disabled Citizen Base Charge (per account)10.52$ 10.52 N/A N/A Multi - Family & Commercial Rate Adjustment Water Quality (per IHSU)1.94$ 1.94 N/A N/A Water Quantity (per IHSU)5.86$ 5.86 N/A N/A Stormwater Penalty New Multi - Family & Commercial development without on-site detention Charge (per IHSU)3.88$ 3.88 N/A N/A (1) Low-Income defined as Gross Earned Income of $40,000 or less. Low-Income is a 40% discount. *Pavement Restoration Charge May Also Be Assessed ** Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate (above). *** Does not apply to single family residence or duplex construction on an existing established lot. **** (Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final 8 of 16 2022 GENERAL FACILITY CHARGES Water based on meter size average normal flow 5/8" x 3/4" 6,461.00$ 1" 6,461.00$ 1" Commercial 8,853.00$ 1 1/2" Commercial 51,691.00$ 2" Commercial 51,691.00$ 3" Commercial 129,228.00$ 4" Commercial 258,455.00$ Greater than 4" 5/8" x 3/4" 7,541.00$ 1" 7,541.00$ 1" Commercial 9,352.00$ 1 1/2" Commercial 52,791.00$ 2" Commercial 52,791.00$ 3" Commercial 135,749.00$ 4" Commercial 271,495.00$ Greater than 4" Stormwater (per IHSU)1,551.00$ CONNECTION FEES Water Connection Fees Inside Outside 5/8" x 3/4"3,376.00$ 4,245.00$ 5,064.00$ 6,368.00$ 1"3,562.00$ 4,483.00$ 5,343.00$ 6,725.00$ 1 1/2"8,558.00$ 10,067.00$ 12,837.00$ 15,101.00$ 2"9,022.00$ 10,434.00$ 13,533.00$ 15,651.00$ 3" 16,169.00$ 27,029.00$ 24,254.00$ 40,544.00$ 4" 18,246.00$ 29,201.00$ 27,369.00$ 43,802.00$ 6" 23,426.00$ 35,741.00$ 35,139.00$ 53,612.00$ 8" 29,444.00$ 41,841.00$ 44,166.00$ 62,762.00$ 10" 37,621.00$ 49,497.00$ 56,432.00$ 74,246.00$ 12" and greater Wet Tapping (Water Main Only, excluding excavation & backfill)* 4" 2,995.00$ 4,290.00$ 4,493.00$ 6,435.00$ 6" 3,252.00$ 4,572.00$ 4,878.00$ 6,858.00$ 8" 4,145.00$ 5,543.00$ 6,218.00$ 8,315.00$ 10"6,728.00$ 8,104.00$ 10,092.00$ 12,156.00$ 12"8,079.00$ 9,182.00$ 12,119.00$ 13,773.00$ ** Greater than 12" 133,609.00$ Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2023 2023 Inside Outside City Limits 6,680.00$ 6,680.00$ 9,153.00$ 53,443.00$ 53,443.00$ 1,604.00$ 267,217.00$ Case by Case basis Wastewater based on meter size average normal flow 7,797.00$ 7,797.00$ 9,669.00$ 54,581.00$ 54,581.00$ 140,351.00$ 280,699.00$ Case by Case basis Actual time & material + equipment Actual time & material + equipment 9 of 16 2022 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2023 2023 Wet Tapping (Water Main to Property Line)*Inside Outside 2" - fire service 4,825.00$ 5,985.00$ 7,238.00$ 8,978.00$ 4"11,067.00$ 13,712.00$ 16,601.00$ 20,568.00$ 6"11,342.00$ 13,513.00$ 17,013.00$ 20,270.00$ 8"13,035.00$ 15,320.00$ 19,553.00$ 22,980.00$ 10" 15,792.00$ 18,514.00$ 23,688.00$ 27,771.00$ 12"18,029.00$ 20,212.00$ 27,044.00$ 30,318.00$ ** Greater than 12" Fire Hydrant Installation* 6" x 8" and smaller - service to property line 14,312.00$ 17,118.00$ 21,468.00$ 25,677.00$ 6"x 10" - service to property line 14,405.00$ 17,267.00$ 21,608.00$ 25,901.00$ 6"x 12" service to property line 14,389.00$ 17,431.00$ 21,584.00$ 26,147.00$ PLAN CHECK/INSPECTION FEES Engineering Services**Inside Outside Plan Check Fees Main Extensions: per foot 0.57$ 0.62$ 0.86$ 0.93$ BUT not less than 383.00$ 414.00$ 575.00$ 621.00$ (Includes hydrants and appurtenances and connection to water system) Pump Stations 3,200.00$ 3,456.00$ 4,800.00$ 5,184.00$ Fireline Extension 160.00$ 173.00$ 240.00$ 260.00$ Irrigation Systems 160.00$ 173.00$ 240.00$ 260.00$ Miscellaneous (per hour) plus equipment 80.00$ 86.00$ 120.00$ 129.00$ Storm Drainage Plan Review Fees *** Preliminary Drainage Plans Residential Development 640.00$ 690.00$ N/A N/A Non-Residential Development 400.00$ 430.00$ N/A N/A Plus per IHSU 20.00$ 22.00$ Final Detailed Drainage Plans Residential Development (per lot) 0 - 20 Lots 68.00$ 73.00$ N/A N/A 21 - 50 Lots 60.00$ 65.00$ N/A N/A 51 - 100 Lots 48.00$ 52.00$ N/A N/A 100+ Lots 40.00$ 43.00$ N/A N/A Minimum Charge 480.00$ 518.00$ N/A N/A Non-Residential Development per IHSU 40.00$ 43.00$ N/A N/A Minimum Charge 480.00$ 518.00$ N/A N/A Resubmittal Fees First Resubmittal No Charge No Charge N/A N/A Subsequent Resubmittal 480.00$ 518.00$ N/A N/A Actual time & material + equipment 10 of 16 2022 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2023 2023 Field Inspection Fees Inside Outside Water main extensions (per foot)1.60$ 1.73$ 2.40$ 2.60$ but not less than:560.00$ 605.00$ 840.00$ 908.00$ Pump Station 3,200.00$ 3,456.00$ 4,800.00$ 5,184.00$ Miscellaneous (per hour)80.00$ 86.00$ 120.00$ 129.00$ Wastewater Fees ** Lateral Connection at P/L 160.00$ 173.00$ 240.00$ 260.00$ Lateral Connection at Main 400.00$ 432.00$ 600.00$ 648.00$ Conveyance Facility Ext. (Per Foot)3.20$ 3.45$ 5.00$ 5.00$ but not less than:800.00$ 864.00$ 1,200.00$ 1,296.00$ Pump Station 3,200.00$ 3,456.00$ 4,800.00$ 5,184.00$ Miscellaneous (per hour)80.00$ 86.00$ 120.00$ 129.00$ Storm Drainage Inspection Fees *** Residential Development (per lot)80.00$ 86.00$ N/A N/A Non-Residential Development (per IHSU)40.00$ 43.00$ N/A N/A Minimum Charge 320.00$ 346.00$ N/A N/A Conveyance Facility Extensions (per foot)2.00$ 2.15$ N/A N/A Minimum Charge 480.00$ 518.00$ N/A N/A Unscheduled Inspections**** (per site visit)80.00$ 86.00$ N/A N/A MISCELLANEOUS FEES AND CHARGES Office Services Inside Outside New Account (includes water turn-on)23.00$ 24.00$ N/A N/A Account Maintenance 5.00$ 5.00$ N/A N/A Past Due Notice 3.00$ 3.50$ N/A N/A Lien Recovery Charge 147.00$ 147.00$ N/A N/A Close Account/Meter Read 23.00$ -$ N/A N/A Utility/Lien Search Fee (Manual) per parcel 36.00$ 37.00$ N/A N/A Park Reservation Fee (non-refundable)125.00$ 210.00$ N/A N/A Park Reservation Refundable Deposit 100.00$ -$ N/A N/A Field Services Pavement Restoration Charge (refundable, if assessed and not required) Asphalt Patch 1,585.00$ 2,359.00$ 2,378.00$ 3,539.00$ Concrete Patch 1,785.00$ 1,681.00$ 2,678.00$ 2,522.00$ Asphalt Trench 3,558.00$ 4,321.00$ 5,337.00$ 6,482.00$ Concrete Trench 3,543.00$ 5,179.00$ 5,315.00$ 7,769.00$ 11 of 16 2022 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2023 2023 Field Services (continued)Inside Outside County Road Permit N/A N/A N/A Cost Cost Water Meter Installation 3/4" & 1"161.00$ 184.00$ 242.00$ 276.00$ 1-1/2" & 2"256.00$ 290.00$ 384.00$ 435.00$ 3" and greater Water Meter Reactivation 66.00$ 69.00$ 99.00$ 104.00$ Water Meter Reinstallation 161.00$ 184.00$ 242.00$ 276.00$ Water Meter Deactivation 66.00$ 69.00$ 99.00$ 104.00$ Water Meter Tampering Tampering Fee 458.00$ 501.00$ 687.00$ 752.00$ Tampering Repair Fire Service - Detector, Meter & MXU 613.00$ 793.00$ 920.00$ 1,190.00$ Storz Adapter 323.00$ 420.00$ 485.00$ 630.00$ Water Service Turn-off/Turn-on (Customer Request) Regular Hours 66.00$ 69.00$ 99.00$ 104.00$ After Hours 190.00$ 267.00$ 428.00$ 190.00$ Delinquency Notice 23.00$ 26.00$ N/A N/A Water Service Turn-off/Turn-on (Delinquent Accounts) Regular Hours 65.00$ 69.00$ N/A N/A After Hours 190.00$ 267.00$ 428.00$ 190.00$ Flow and Pressure Test (Uncertified) 3/4" & 1" meters only 114.00$ 132.00$ 171.00$ 198.00$ 1-1/2" & 2" meters only 209.00$ 237.00$ 314.00$ 356.00$ Larger than 2" Meter Test Fee (based on meter size) 3/4" & 1"256.00$ 289.00$ 384.00$ 434.00$ 1-1/2" & 2"351.00$ 374.00$ 527.00$ 561.00$ 3" or greater Utility Plant Locates Regular Hours N/C N/C N/C N/C After Hours 285.00$ 267.00$ 428.00$ 401.00$ Emergency N/C N/C N/C N/C Utility Compliance Specialist Inspection 114.00$ 118.00$ 171.00$ 177.00$ Administration Fee 47.00$ 50.00$ 71.00$ 75.00$ Utility Labor Rate Hourly (Eqp not included)95.00$ 105.00$ 143.00$ 158.00$ Actual Time, Materials & Equipment Actual Time, Materials & Equipment Actual Time, Materials & Equipment Actual Time, Materials & Equipment 12 of 16 2022 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2023 2023 RETAIL WATER SERVICE RATES General Service - Monthly Service Charge Inside Outside Meter Size 5/8 x 3/4 inches 14.73$ 15.28 22.08$ 22.91$ 1 inch 16.83$ 17.46 25.26$ 26.21$ 1 1/2 inch 23.93$ 24.83 35.90$ 37.25$ 2 inch 32.15$ 33.36 48.21$ 50.02$ 3 inch 61.00$ 63.29 91.48$ 94.91$ 4 inch 113.34$ 117.59 170.00$ 176.38$ 6 inch 402.98$ 418.09 604.47$ 627.14$ 8 inch 1,472.00$ 1,527.20 2,208.02$ 2,290.82$ 10 inch 5,250.01$ 5,446.89 7,875.00$ 8,170.31$ 12 inch 19,736.47$ 20,476.59 29,604.69$ 30,714.87$ Residential Commodity Charge (per HCF) Per HCF/Month 2.54$ 2.64 3.81$ 3.95 Non - Residential Commodity Charge (per HCF)2.30$ 2.39 3.44$ 3.57 Fire Protection - Monthly Service Charge Service Size 1 inch 30.56$ 31.71 45.82$ 47.54 1 1/2 inch 45.99$ 47.71 68.98$ 71.57 2 inch 59.79$ 62.03 89.68$ 93.04 3 inch 65.87$ 68.34 98.83$ 102.54 4 inch 71.81$ 74.50 107.71$ 111.75 6 inch 89.63$ 92.99 134.44$ 139.48 8 inch 119.33$ 123.80 178.99$ 185.70 10 inch 166.98$ 173.24 250.49$ 259.88 12 inch 238.55$ 247.50 357.83$ 371.25 Commodity Charge (per HCF)4.60$ 4.77 6.90$ 7.16 - For Usage Other Than Firefighting Low-Income (1) Senior and Low-Income(1) Disabled Citizen - Monthly Service Charge General Service - meter size 5/8" x 3/4" 8.84$ 9.17 13.25$ 13.75 General Service - meter size 1"10.10$ 10.48 15.16$ 15.73 Residential Commodity Charge (per HCF) Per HCF/Month 1.52$ 1.58 2.29$ 2.37 Temporary/Construction Meter 1" Meter Deposit 500.00$ 600.00 750.00$ 900.00$ Base Fee (per month)16.83$ 17.46 25.26$ 26.20$ Set Up Fee & Removal Fee 342.00$ 396.00$ 513.00$ 594.00$ 13 of 16 2022 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2023 2023 RETAIL WATER SERVICE RATES (CONTINUED)Inside Outside Temporary/Construction Meter (continued) Hydrant meter (3" Meter) Deposit 3,000.00$ 4,000.00 4,500.00$ 6,000.00$ Base Fee (per month)61.00$ 63.29 91.50$ 94.94$ Set Up Fee 342.00$ 396.00$ 513.00$ 594.00$ Equipment Loss/Damage Commodity Charge (per HCF)2.30$ 2.39 3.44$ 3.57 City Parks and Recreation Dept. - Irrigation Commodity Charge (per HCF)1.15$ 1.19 Gold Mountain Golf Course Complex - Irrigation Commodity Charge (per HCF)1.56$ 1.62 RETAIL WASTEWATER SERVICE RATES Monthly Service Charge Inside Outside Single Family Base Charge (per account)37.23$ 38.63 55.85$ 57.94 Commodity Charge (per HCF)5.00$ 5.19 7.49$ 7.77 Duplex on 1 Meter or 2 Bldgs. on 1 Meter Base Charge (per unit)29.48$ 30.59 44.23$ 45.89 Commodity Charge (per HCF)5.00$ 5.19 7.49$ 7.77 Multi - Family Base Charge (per unit)29.48$ 30.59 44.23$ 45.89 Commodity Charge (per HCF)5.00$ 5.19 7.49$ 7.77 Low-Income (1) Senior and Low-Income(1) Disabled Citizen Base Charge (per account)22.34$ 23.18 33.51$ 34.76 Commodity Charge (per HCF)3.00$ 3.11 4.49$ 4.66 Commercial I Base Charge (per account)55.04$ 57.10 82.56$ 85.66 Commodity Charge (per HCF)5.15$ 5.34 7.71$ 8.00 Commercial II Base Charge (per account)55.44$ 57.52 83.16$ 86.28 Commodity Charge (per HCF)6.59$ 6.84 9.89$ 10.26 Commercial III Base Charge (per account)55.99$ 58.09 84.00$ 87.15 Commodity Charge (per HCF)8.05$ 8.35 12.07$ 12.52 Actual Time, Materials & Equipment 14 of 16 2022 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2023 2023 RETAIL WASTEWATER SERVICE RATES (CONTINUED) Monthly Service Charge Inside Outside Commercial IV Base Charge (per account)56.54$ 58.66 84.81$ 87.99 Commodity Charge (per HCF)9.51$ 9.87 14.26$ 14.79 Commercial V Base Charge (per account)62.19$ 64.52 93.31$ 96.81 Commodity Charge (per HCF)11.89$ 12.34 17.83$ 18.50 Commercial VI Base Charge (per account)68.40$ 70.97 102.62$ 106.47 Commodity Charge (per HCF)14.85$ 15.41 22.28$ 23.12 Commercial VII Base Charge (per account)75.25$ 78.07 112.88$ 117.11 Commodity Charge (per HCF)17.35$ 18.00 26.03$ 27.01 Commercial Special Base Charge (per account)82.77$ 85.87 124.16$ 128.82 Commodity Charge (per HCF)23.22$ 24.09 34.79$ 36.09 Beverage Production Base Charge (per account)55.99$ 58.09 84.00$ 87.15 Commodity Charge (per HCF)5.23$ 5.43 7.84$ 8.13 Commercial Fountains - Separately Metered Base Charge (per account)55.04$ 57.10 82.56$ 85.66 Commodity Charge (per HCF)1.70$ 1.76 2.54$ 2.64 Septage Disposal (per gallon of tank capacity)0.28$ 0.29 0.41$ 0.43 Leachate Per Gallon of Tank Capacity Individual Residential Grinder Pumps Grinder Pump Surcharge 12.00$ 12.45 18.00$ 18.68 Low-Income (1) Senior and Low-Income(1) Disabled Citizen Grinder Pump Surcharge 7.20$ 7.47 10.80$ 11.21 RETAIL STORMWATER RATES Monthly Service Charge Inside Outside Residential I (Single Family/Duplex) Base Charge (per account)19.03$ 21.50 N/A N/A Exception: Duplex with 2 Meters (per account)9.52$ 10.75 N/A N/A 15 of 16 2022 Exhibit A ASSESSMENTS, RATES, FEES, AND CHARGES EFFECTIVE January 1, 2023 2023 RETAIL STORMWATER RATES (CONTINUED) Monthly Service Charge Inside Outside Residential II - SW Impact Fee (per IHSU) 50% of the Res I Base Charge 9.52$ 10.76 N/A N/A Residential III - SW Impact Fee (per IHSU) 100% of the Res I Base Charge 19.03$ 21.50 N/A N/A Commercial I Base Charge (per IHSU)19.03$ 21.50 N/A N/A Commercial II - SW Impact Fee (per IHSU) 50% of the Comm I Base Charge 9.52$ 10.76 N/A N/A Commercial III - SW Impact Fee (per IHSU) 100% of the Comm I Base Charge 19.03$ 21.50 N/A N/A Public School Districts (per account)19.03$ 21.50 N/A N/A Low-Income (1) Senior and Low-Income(1) Disabled Citizen Base Charge (per account)11.42$ 12.90 N/A N/A Multi - Family & Commercial Rate Adjustment Water Quality (per IHSU)2.10$ 2.37 N/A N/A Water Quantity (per IHSU)6.36$ 7.19 N/A N/A Stormwater Penalty New Multi - Family & Commercial development without on-site detention Charge (per IHSU)4.21$ 4.76 N/A N/A (1) Low-Income defined as Gross Earned Income of $40,000 or less. Low-Income is a 40% discount. *Pavement Restoration Charge May Also Be Assessed ** Fees include original review and one resubmittal review. Additional reviews will be charged at miscellaneous hourly rate (above). *** Does not apply to single family residence or duplex construction on an existing established lot. **** (Unscheduled inspections shall be tracked through the course of a project and billed after the final site inspection. Fees for unscheduled inspections shall be paid prior to final 16 of 16 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance to levy Property Taxes for Collection in 2023 Study Session Date: October 26, 2022 COUNCIL MEETING Date: November 2, 2022 Department: Financial Services Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: Cities over 10,000 in population are allowed to raise their annual property tax collection by either 1% or the amount of the July Implicit Price Deflator (IPD), whichever is lower. This year, the IPD was 6.457%. The City is requesting the full 1% increase to our general property tax and EMS levy over the prior year’s collection, as allowed by law. This increase, along with the amounts anticipated for new construction, has been included in the 2023 Proposed Budget. RCW 84.52.020 requires all taxing districts to “certify to the county legislative authority, for the purpose of levying district taxes…the amounts to be raised” by property taxes. RCW 84.55.120 requires that the certification includes the enabling tax ordinance setting the property tax rate. These documents must be submitted to the county by November 30, 2022. ATTACHMENTS: Ordinance No. _____ establishing the amount to be collected in 2023 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. FISCAL IMPACTS (Include Budgeted Amount): The proposed 2023 budget anticipates passage of this ordinance. Budgeted revenue matches the levy amounts as the total collections in recent years closely approximate the actual amount collected. In the General Fund revenue from the general property tax levy is $8,855,902 and the EMS levy is $2,267,399. Revenue from voter approved levies are budgeted in Debt Service funds and include $900,000 for the 2010 Public Safety bond and $550,000 for the 2015 Public Safety bond. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _____ establishing the amount to be collected in 2023 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A9 1 2023 Property Tax ORDINANCE NO. _____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing the amount to be collected in 2023 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. WHEREAS, the City Council attests that the population of the City of Bremerton for 2022 is 45,220; and WHEREAS, the City Council has properly given notice of the public hearing held on November 2, 2022, to consider the City’s revenue sources for the City’s General Fund budget; and WHEREAS, the City’s actual levy amount from the previous year, including any refunds and abatements levied was $8,481,509; and WHEREAS, the City’s actual EMS levy amount from the previous year, including any refunds and abatements levied was $2,171,717; and WHEREAS, the City Council, after hearing and duly considering all relevant evidence and testimony presented, has determined that the City of Bremerton requires a regular levy and EMS levy in the maximum amounts allowable, which is a 1.0% increase to the highest lawful levy allowed by law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2023 tax year. The dollar amount of the increase over the actual levy from the previous year shall be $22,721 which is an effective percent increase of 0.26789% from the previous year levy. This increase is exclusive of additional revenue resulting from new construction, any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. SECTION 2. That an EMS levy is hereby authorized for the levy to be collected in the 2023 tax year. The dollar amount of the increase over the actual levy from the previous year shall be $5,862 which is an effective percent increase of 0.26993% from the highest allowable levy. This increase is exclusive of additional revenue resulting from new construction, any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. This levy is further subject to the maximum allowable levy rate of $0.37 per $1,000 of assessed valuation. 2 2023 Property Tax SECTION 3. That a property tax levy for debt redemption of the 2010 Public Safety UTGO Refunding Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2023 at a rate sufficient to provide $900,000 needed to meet debt service obligations in 2023. SECTION 4. That a property tax levy for debt redemption of the 2015 Public Safety UTGO Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2023 at a rate sufficient to provide $550,000 needed to meet debt service obligations in 2023. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 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. ____________ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 26, 2022 Proposed Public Hearing on Resolution to establish the Work Schedule & Public Participation Plan for the Comprehensive Plan Update; and to suspend Comprehensive Plan Amendment Applications in 2023 COUNCIL MEETING Date: November 2, 2022 Department: DCD Presenter: Garrett Jackson Phone: (360) 473-5289 SUMMARY: The action before Council is to conduct a Public Hearing and adopt a resolution to set the Comprehensive Plan Update Work Program and Public Participation Plan, and suspend applications in 2023. This Resolution provides a work program and schedule to review potential amendments to the City of Bremerton Comprehensive Plan with early and continuous public participation. In addition, the resolution limits the time frame to accept Comprehensive Plan Amendment Applications from the public to allow Staff adequate time to review and analyze prior to the Comprehensive Plan Update adoption in December 2024. The Planning Commission held a public hearing September 19, 2022 and has unanimously recommended that Council approve the proposed resolution. This City has established a website (Bremerton2044.com) that will be continuously updated as we progress through the update process. ATTACHMENTS: Proposed Resolution  Exhibit A – Bremerton2035 Public Participation Plan  Exhibit B – Bremerton2035 Work Program FISCAL IMPACTS: The State mandated Comprehensive Plan Update is a work item that is part of the Department of Community Development Staffing Plan. There is money proposed in the 2023 budget for consulting contract for environmental review and capital facilities planning. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No.______ to establish the Comprehensive Plan Update Work Program, Public Participation Plan, and to suspend Comprehensive Plan amendment applications in 2023. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 A10 1 Comprehensive Plan Update Work Program Hearing RESOLUTION NO. ______ A RESOLTION of the City Council of the City of Bremerton, Washington, to establish the City of Bremerton Comprehensive Plan Update Public Participation Plan and Work Program, and suspend filing applications to amend the Comprehensive Plan for the remainder of 2023 and 2024. WHEREAS, the City of Bremerton adopted a Comprehensive Plan on December 1, 2004 by Ordinance No. 4917 and has been subsequently amended by Ordinances No.; 4954, 4962, 4985, 4998, 5025, 5034, 5037, 5062, 5077, 5082, 5094, 5104, 5111, 5202, 5233, 5237, 5363, 5389, 5403, and 5434 hereinafter referred to as the “Comprehensive Plan”; and WHEREAS, the Washington State Growth Management Act ("GMA") RCW 360.70A.130 requires internal consistency among comprehensive plan elements and applicable regional plans; and WHEREAS, the City of Bremerton Comprehensive Plan provides that it will be reviewed and updated to adjust to changing needs, unforeseen circumstances or new local or regional trends; and WHEREAS, to assure that comprehensive plans remain relevant and up to date, the GMA requires each jurisdiction to establish procedures whereby amendments to the plan are considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once each year unless under limited circumstances as outlined in RCW 36.70A.130; and WHEREAS, the GMA requires that City of Bremerton take legislative action to review, and if necessary, revise the Comprehensive Plan by December 31, 2024 to ensure that the Comprehensive Plan continues to comply with the requirements of GMA; and WHEREAS, City of Bremerton has identified a public participation process (Exhibit A) that complies with the Growth Management Act, RCW 36.70A.140, which provides for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations that implement such plans; and WHEREAS, the City of Bremerton has established a procedure for amending the Comprehensive Plan in Section 20.10.010 of the Bremerton Municipal Code (BMC), that limits amendments to the Comprehensive Plan to no more than once each year; and 2 Comprehensive Plan Update Work Program Hearing WHEREAS, pursuant to Section 20.10.030 BMC, the City of Bremerton allows Comprehensive Plan Amendment Applications to be submitted annually between the first business day of August and the fifteenth business day of November; and WHEREAS, Section 20.10.070 BMC provides that all proposed amendments to the Plan shall be considered concurrently so that all cumulative effects of the amendments can be determined; and WHEREAS, Section 20.10.040 BMC allows City Council by motion or resolution, suspend the amendment process for any given calendar year; and WHEREAS, the Council desires to suspend the amendment application window in 2023 because adequate time is needed to review the cumulative effects of the City with the proposed amendments; and WHEREAS, on September 9, 2022 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on September 19, 2022 the Planning Commission conducted a public hearing and unanimously recommended the Public Participation Plan and Work Program as shown in Exhibits A and B; and WHEREAS, on October 19, 2022 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the City Council; and WHEREAS, on November 2, 2022 the City Council held a public hearing and considered all testimony related to the proposal for the Public Participation Plan (Exhibit A) and Work Program (Exhibit B); NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings. The findings set forth in the recitals above are hereby adopted and incorporated by reference. SECTION 2. Suspending Applications. Pursuant to BMC 20.10.040, the amendment applications period for 2023 is suspended. SECTION 3. Public Outreach. Pursuant to the Growth Management Act (GMA), public outreach and participation will be conducted as set forth in the Public Participation Plan as attached hereto as Exhibit A. 3 Comprehensive Plan Update Work Program Hearing SECTION 4. Schedule. The City adopts the Comprehensive Plan Update Work Program as attached hereto as Exhibit B, and this process should be completed, as GMA requires, by December 31, 2024. SECTION 5. The City Council may, by motion or resolution, amend the exhibits attached hereto throughout the Comprehensive Plan Update process to reflect changing conditions. SECTION 6. Severability. If any one or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 7. Effective Date. This resolution shall take effect 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 2024 Comprehensive Plan – Public Participation Plan 1 Bremerton Comprehensive Planning PUBLIC PARTICIPATION PROGRAM 1. PURPOSE AND MISSION: Public participation is an essential part of the City of Bremerton’s planning process. This public participation program provides the framework for public input on the review, amendment, and ultimate update of the city’s comprehensive plan. In designing this public participation program, the City of Bremerton attempts to involve the broadest cross-section of the community, particularly encouraging both groups and individuals not previously involved in planning. Early, continuous, effective public participation will result in a comprehensive plan that assures the community’s desired future, while meeting the mandates of the Washington State’s Growth Management Act. 2. REQUIREMENTS OF THE ACT The Growth Management Act requires that the City of Bremerton establish procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations. The procedures described below for the City of Bremerton Update Process will achieve the following: 1. Early and continuous participation From the onset of the process, including the creation of the participation program, the Planning Commission and city staff will ensure expansive and effective public involvement by using methods that include surveys, information bulletins, and distribution lists for all interested parties to receive regular notices, meeting advertisements, and updates. The public will be well advised of the opportunities for involvement and particularly encouraged to participate in the drafting and review of the proposed updates to the Comprehensive Plan. 2. Communication and information programs City staff will use all available means to encourage participation at all levels, through outreach and educational efforts, including television appearances that will be available throughout the proposal (web-video), presence at public events, and a website that will be continually updated with project documents and announcements. EXHIBIT A 2024 Comprehensive Plan – Public Participation Plan 2 Keeping the public informed through a variety of mediums is a key aspect of this program, and the website will be used as a top source of information. Web publications will be posted and updated regularly. These are designed to describe the Comprehensive Plan and the update process, outline opportunities for public involvement, and provide contact information, including the web site, email, and facsimile address for public inquiry and comment. Detailed information and progress reports will be available for local organizations and media outlets, such as local newsletters, news articles, and Bremerton-Kitsap Access Television (BKAT) regular appearances. 3. Public meetings with adequate notice All public meetings concerning the Comprehensive Plan will be advertised throughout the community. Formal public notices will be posted and published in consistent locations including the Department of Community Development, and “The Sun” (local daily newspaper). Interested parties will be further notified through an electronic notice distribution list, providing process updates and meeting details. 4. Provisions for open discussion Open discussion will result from a fair and open process, with various opportunities for public input. Public workshops will be advertised and made accessible to the broadest audience possible. Public notification of the meetings will be distributed in advance of the workshops. Discussion will be ensured and encouraged by designated time for facilitated discussion, public hearings prior to adoption of amendments, and well-noticed public comment periods. 5. Opportunity for written comments Written comments will be accepted and encouraged at all venues and in various forms, including email messages and facsimiles. Notice of public comments periods will encourage written comments and provide contact information, especially on draft comprehensive plan updates. Comments should be addressed to the City of Bremerton Planning Commission at: (Mail Address) Department of Community Development, 345 6th Street Suite 600, Bremerton, Washington 98337; or (E-mail Address) compplan@ci.bremerton.wa.us. For specific questions Planning Manager Garrett Jackson will be available throughout this process at (360) 473-5289. Planning staff will provide public comment cards at Commission meetings and at strategic locations throughout the city. The comment cards will be regularly collected but also designed for easy postcard mailing. In addition to this, assorted City of Bremerton swag will be handed out to those who are involved in the EXHIBIT A 2024 Comprehensive Plan – Public Participation Plan 3 commenting process. Written comments will be presented to the Planning Commission during official public meetings. 6. Consideration and “fair response” to public comments All comments on draft proposals and alternatives will be accepted and brought to the attention of the Planning Commission for their consideration. Written comments will also be kept on file for public review. City Planning Staff will acknowledge the receipt of written comments by sending a letter with notification of opportunities for further involvement. 7. Broad dissemination of proposals and alternatives Draft proposals and alternatives will be broadly disseminated throughout the community. A bulletin-type publication, posted at various locations to provide general information about the process, will direct the public to the city-wide locations for reviewing the draft materials. Locations for the review of draft proposals and alternatives include: 1. Department of Community Development, 345 6th Street, Suite 600 Bremerton 2. Downtown Library, 612 5th Street, Bremerton 3. Kitsap Regional Library – Sylvan Way Branch. 1301 Sylvan Way, Bremerton 4. Sheridan Community Center, 680 Lebo Blvd., Bremerton 5. Olympic College Library, 1600 Chester Avenue, Bremerton 6. School District Office, 134 Marion Avenue, Bremerton 3. PROGRAM POLICIES AND PROCEDURES: Throughout the Comprehensive Plan update process, the City of Bremerton will maximize citizen involvement opportunities. This participation program specifically details the comprehensive update process, striving for city-wide participation as opposed to a process which tends to focus on isolated issues or properties. Efforts will continue to make the process open and accessible to all concerned parties and to make related materials and presentations easily understood by the citizens of Bremerton. STAGES of the COMPREHENSIVE UPDATE PROCESS: 1. Scoping Stage: Review of the Comprehensive Vision and Goals Public participation efforts begin with accepting public comment on the Work Program and review for consistency with State law and regulations. The existing Comprehensive Plan’s vision, goals, policies, and implementation strategies are the starting point for the update. Fine-tuning of the Comprehensive Plan, compliance with Kitsap County-wide planning policies, Puget Sound Regional Center Vision 2050 and Washington State mandates will be raised for discussion. EXHIBIT A 2024 Comprehensive Plan – Public Participation Plan 4 2. Adopting Stage: Proposed Updates for a Comprehensive Revision The Comprehensive Plan Update will be conducted through public, noticed hearings at which community members and interested parties will be encouraged to participate. Planning Commission and City Council will conduct workshops to deliberate the code as a whole, in addition to separating key policies into their own workshops (such as separate meetings for Housing, Land Use, Economic Development, Parks & Recreation, and Capital Facilities & Utilities). All those workshops will provide time for public comment. Public Hearings will be held at both the Planning Commission and City Council levels, complete with notices and written comment periods. At hearings, all persons desiring to speak should be allowed to do so, consistent with time constraints. ROLES in the COMPREHENSIVE UPDATE PROCESS: As outlined above, the Planning Commission chairs the update process for the Comprehensive Plan. Following the City Council’s final adoption of comprehensive plan updates and supplemental development regulations, the Commission will monitor implementation and compliance. The Commission will hold public meetings to provide information on how implementation is progressing and to receive public input on changes that may be needed. When amendments are proposed for adoption, the same public hearing procedure should be followed as attended in the Update adoption process. Public participation and comprehensive planning are iterative and continuous. Planning staff will provide frequent progress reports on the update to the Planning Commission and the City Council, including verbal reports during regularly televised Council meetings. Members of the Planning, Engineering, Parks and Recreation, Utilities, and other City Departments will provide technical assistance throughout the process, including requests for neighborhood meetings, sub-committee work, and other opportunities. The City will support and participate in public education/involvement offered by Puget Sound Regional Council, Kitsap County, Kitsap Regional Coordinating Council, surrounding jurisdictions, special districts, and other area organizations. [Statutory Authority: RCW 36.70A. -020(11), -.140,-.035,-.070,-.130(2),-.390] EXHIBIT A Summer Fall Winter Spring Summer Fall Winter Spring Summer Fall Comprehensive Plan Update – Plan Schedule 2022-2024 BREMERTON2044 2022 2023 Comprehensive Plan Process Public Meetings Land Use Housing SEPA SEPA DOC Draft P.C. Documents Local Adoption PSRC Plan Certificate DOC 60-day Notice Submit to State 10 days after adoption City Services Transportation Land Use Environment Optional Participation Plan Environment Draft updated amendments Comp Plan Review Transportation Housing Hearing Deliberation Adoption Schedule Prepared: September 2022 Please note that dates are subject to change L EGEND -Planning Commission Public Workshop -Planning Commission Public Hearing -City Council General Business -City Council Hearing Comment Update Elements and Regulations Land Use Participation Plan & EIS Scoping Survey Optional Economic Development 2024 Applications Accepted 8/1/22 – 2/1/23 SEPA Scoping Draft SEPA EIS Final SEPA EIS District Tours Vision & Growth Strategy EXHIBIT B AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 26, 2022 Proposed Public Hearing on Ordinance amending Chapter 3.78 of the Bremerton Municipal Code entitled “Multifamily Property Tax Exemption” COUNCIL MEETING Date: November 2, 2022 Department: DCD Presenter: Garrett Jackson Phone: (360) 473-5289 SUMMARY: On May 3, 2021, the State Legislature passed E2SSB 5287 amending RCW Chapter 84.14 related to multifamily tax exemptions. In accordance with changes in State law, and at the Direction of the City Council, the proposed Ordinance makes the following changes to the Multifamily Tax Exemption BMC section 3.78:  Add new option for 12-year MFTE extension when providing 20% affordable housing  Add new options for longer 20-year tax exemption pursuant to State law  Ensuring that there are affordable units across all unit sizes in a project  Add provisions for tenant relocation assistance ATTACHMENTS: Proposed ordinance FISCAL IMPACTS (Include Budgeted Amount): The current MFTE program is in place and the city is not receiving property taxes on land improvements for projects utilizing the program; the proposed amendments would extend this program to potential 12-year extensions and 20-year exemptions. 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 3.78 BMC by adopting revisions to the Multifamily Property Tax Exemption, as described in the ordinance. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 A11 1 Multifamily Property Tax Exemption Amendments - 2022 ORDINANCE NO. ____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain provisions of Chapter 3.78 of the Bremerton Municipal Code related to relocation assistance to low-income households, adding a twenty (20) year exemption for permanent affordable housing, adding process for exemption extensions, and other administrative changes. WHEREAS, exemptions from ad valorem property taxes for multifamily housing encourage increased residential opportunities within designated residential targeted areas, stimulate new construction and rehabilitation of existing buildings, assist in directing future population growth and helps to achieve development densities which are more conducive to transit use in designated residential targeted areas; and WHEREAS, on October 4, 2006, the City Council of the City of Bremerton, Washington, passed Ordinance No. 4968 adopting Chapter 3.78 of the Bremerton Municipal Code (“BMC”) establishing exemptions from ad valorem property taxation for new multifamily housing in designated residential targeted areas of the City and established a residential targeted area for the Multifamily Tax Exemption (MFTE) within the Downtown Regional Center; and WHEREAS, the City Council and State Legislature have frequently amended and updated the requirements and eligibility relating to multifamily tax exemptions and added additional target areas that align with the City’s Comprehensive Plan growth centers; and WHEREAS, on May 3, 2021, the State Legislature passed E2SSB 5287 amending Chapter 84.14 RCW relating to multifamily tax exemptions; and WHEREAS, the proposed revisions amend language relating to tenant displacement, add a twenty (20) year exemption, add a process for exemption extensions, and other administrative changes; and WHEREAS, the proposed revisions to the requirements for the multifamily property tax exemption are allowed per Chapter 84.14 RCW; and WHEREAS, on October 19, 2022, the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on November 2, 2022, the City Council conducted a public hearing and considered all testimony; NOW THEREFORE; THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 2 Multifamily Property Tax Exemption Amendments - 2022 SECTION 1. Recitals. The recitals set forth above are hereby adopted and incorporated as set forth herein in full. SECTION 2. BMC 3.78.010 Amended. Section 3.78.010 of the Bremerton Municipal Code entitled “Purpose" is hereby amended to read as follows: 3.78.010 PURPOSE. As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited exemptions from ad valorem property taxation for multifamily housing in designated residential targeted areas to: (a) Encourage increased residential opportunities, including affordable housing units, within areas of the City designated by the City Council as residential targeted areas; and/or (b) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for multifamily housing in designated residential targeted areas to increase and improve housing opportunities, including affordable housing; and (c) Assist in directing future population growth to designated residential targeted areas, thereby reducing development pressure on single-family residential neighborhoods; and (d) Achieve development densities which are more conducive to transit use in designated residential targeted areas. SECTION 3. BMC 3.78.020 Amended. Section 3.78.020 of the Bremerton Municipal Code entitled “Definitions" is hereby amended to read as follows: 3.78.020 DEFINITIONS. When used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise: (a) "Affordable housing" means residential housing that is rented by a person or household whose monthly housing costs, including utilities other than telephone, do not exceed thirty (30) percent of the household’s monthly income. For the purposes of housing intended for owner occupancy, "affordable housing" means residential housing that is within the means of low or moderate-income households. (b) "Building codes" means the City and state building and fire codes as set forth in Chapters 17.04, 18.02 and 18.03 BMC. (c) "City" means the City of Bremerton. (d) "Department" means the City Department of Community Development. (e) "Director" means the Director of the Department of Community Development, or designee. (f) "High-cost area" means a county where the third quarter median house price for the previous year as reported by the Washington Center for Real Estate Research at Washington State University is equal to or greater than one hundred thirty (130) percent of the statewide median house price published during the same time period. (fg) "Household" means a single person, family, or unrelated persons living together. (gh) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below eighty (80) percent of the median family income adjusted for family size, for the county where the project is located, as reported by the 3 Multifamily Property Tax Exemption Amendments - 2022 United States Department of Housing and Urban Development. For cities located in high-cost areas, "low-income household" means a household that has an income at or below one hundred (100) percent of the median family income, adjusted for family size, for the county where the project is located. (hi) "Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is more than eighty (80) percent but is at or below one hundred fifteen (115) percent of the median family income adjusted for family size, for the county where the project is located, as reported by the United States Department of Housing and Urban Development. For cities located in high-cost areas, "moderate-income household" means a household that has an income that is more than one hundred (100) percent, but at or below one hundred fifty (150) percent, of the median family income adjusted for family size, for the county where the project is located. (ij) "Multifamily housing" means a building having ten (10) or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing. (jk) "Multifamily property tax exemption" means an exemption from ad valorem property taxation for multifamily housing. (kl) "Owner" means the property owner of record. (lm) "Permanent residential occupancy" means multiunit housing that provides either rental or owner occupancy on a nontransient basis. This includes owner-occupied or rental accommodation that is leased for a period of at least one (1) month. This excludes hotels and motels that predominantly offer rental accommodation on a daily or weekly basis. (mn) "Rehabilitation improvements" means modifications to existing structures that are vacant for twelve (12) months or longer that are made to achieve a condition of substantial compliance with existing building, fire, and zoning codes, or modification to existing occupied structures which increase the number of multifamily housing units. (no) "Residential targeted area," also "residential target area," means the geographic area located within the areas set forth in Figures 3.78(a) through 3.78(g). (op) "Substantial compliance" means compliance with all local building, fire and zoning code requirements, which are typically required for rehabilitation as opposed to new construction. SECTION 4. BMC 3.78.040 Amended. Section 3.78.040 of the Bremerton Municipal Code entitled “Terms of the Tax Exemption" is hereby amended to read as follows: 3.78.040 TERMS OF THE TAX EXEMPTION. (a) Duration of Exemption. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this chapter is exempt from ad valorem property taxation, as follows: (1) For properties for which applications for certificates of tax exemption eligibility are submitted under this chapter before July 22, 2007, the value is exempt for ten (10) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate; and 4 Multifamily Property Tax Exemption Amendments - 2022 (2) For properties for which applications for certificates of tax exemption eligibility are submitted under this chapter on or after July 22, 2007, the value is exempt: (i) For eight (8) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate; or (ii) For twelve (12) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this subsection (a)(2)(ii). For the property to qualify for the twelve (12) year exemption under this subsection, the applicant must commit to renting or selling at least twenty (20) percent of the multifamily housing units as affordable housing units to low- and moderate-income households, and the property must satisfy that commitment and any additional affordability and income eligibility conditions adopted by the local government under this chapter. In the case of projects intended exclusively for owner occupancy, the minimum requirement of this subsection (a)(2)(ii) may be satisfied solely through housing affordable to moderate-income households. (1) For eight (8) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate; or (2) For twelve (12) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this subsection BMC 3.78.040(a)(2). For the property to qualify for the twelve (12) year exemption under this subsection, the applicant must commit to renting or selling at least twenty (20) percent of the multifamily housing units as affordable housing units to low- and moderate-income households, and the property must satisfy that commitment and any additional affordability and income eligibility conditions adopted by the local government under this chapter. In the case of projects intended exclusively for owner occupancy, the minimum requirement of this subsection BMC 3.78.040(a)(2) may be satisfied solely through housing affordable to moderate-income households. Low- and moderate-income household units shall be dispersed throughout the development and be apportioned among all unit types (ie. studio, single bedroom, double bedroom etc.) based on the number of each unit type to the extent feasible. (3) For twenty (20) successive years beginning January 1st of the year immediately following the calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption under this chapter and meets the conditions in this subsection BMC 3.78.040(a)(3). To qualify for the exemption under this subsection, the applicant must commit to renting at least 20 percent of the dwelling units as affordable to low- and moderate-income households for a term of at least 99 years, and the property must satisfy that commitment and all required affordability and income eligibility conditions adopted by the City under this chapter. The applicant shall record a covenant or deed restriction that ensures the continuing rental of units subject to these affordability requirements consistent with the conditions in this subsection BMC 3.78.040(a)(3) for a period of no less than 99 years. The covenant or deed restriction must also address criteria and policies to maintain public benefit if the property is converted to a use other than which continues to provide for permanently affordable low- and moderate-income households consistent with this subsection BMC 3.78.040(a)(3). Low- and moderate-income household units shall be dispersed throughout the development and be apportioned among all unit types (ie. studio, single bedroom, double bedroom etc.) based on the number of each unit type to the extent feasible. 5 Multifamily Property Tax Exemption Amendments - 2022 (b) Limits on Exemption. The exemption does not apply: (1) To the value of land or to the value of nonhousing-related improvements not qualifying under this chapter. (2) In the case of rehabilitation of existing buildings, to the value of improvements constructed prior to submission of the completed application required under this chapter. (3) To increases in assessed valuation made by the Kitsap County Assessor on non-qualifying portions of building or other improvements and value of land nor to increases made by lawful order of a County board of equalization, the Department of Revenue, or Kitsap County, to a class of property throughout the County or specific area of the County to achieve the uniformity of assessment or appraisal required by law. (c) Conclusion of Exemption. At the conclusion of the exemption period, the new or rehabilitated housing cost shall be considered as new construction for the purposes of Chapter 84.55 RCW. SECTION 5. BMC 3.78.050 Amended. Section 3.78.050 of the Bremerton Municipal Code entitled “Project Eligibility" is hereby amended to read as follows: 3.78.050 PROJECT ELIGIBILITY. A proposed multifamily housing project must meet the following requirements for consideration for a property tax exemption: (a) Location. The project must be located within a residential targeted area as defined in BMC 3.78.020 and as set forth in Figures 3.78(a) through 3.78(g). (b) Tenant Displacement Prohibited. The project must not displace existing residential tenants of structures that are proposed for redevelopment. If the property proposed to be rehabilitated is not vacant, an applicant shall provide each existing tenant housing of comparable size, quality, and price and a reasonable opportunity to relocate. (1) General Notification. The applicant shall provide each displaced household at least 12-month’s moving notice, unless mutually agreed otherwise by household and applicant. (2) Relocation Assistance. Low Income Households shall be provided the following: (i) Assistance in securing housing of comparable size, quality, and price which meets the Housing and Urban Development’s Uniform Physical Condition Standards or a similar standard acceptable to the City, and (ii) First and last month expenses at the new housing location as defined above, and moving and relocating expenses as defined by the Department of Transportation Fixed Residential Moving Costs Schedule. (c) Noncompliance with Building Codes. Existing dwelling units proposed for rehabilitation must fail to comply with one or more standards of the applicable State or City building codes. (d) Size of Project. The new, converted, or rehabilitated multiple-unit housing must provide for a minimum of fifty (50) percent of the space for permanent residential occupancy. The project, whether new, converted, or rehabilitated multiple-unit housing, must include at least ten (10) units of multifamily housing within a residential structure or as part of an urban 6 Multifamily Property Tax Exemption Amendments - 2022 development. In the case of existing multifamily housing that is occupied or which has not been vacant for twelve (12) months or more, the multifamily housing project must also provide for a minimum of four (4) additional multifamily units for a total project of at least ten (10) units including the four (4) additional units. Existing multifamily housing that has been vacant for twelve (12) months or more does not have to provide additional units. (e) Proposed Completion Date. New construction of multifamily housing and rehabilitation improvements must be completed within three (3) years from the date of approval of the application. (f) Compliance with Guidelines and Standards. The project must be designed to comply with the City’s Comprehensive Plan, building, housing, and zoning codes, and any other applicable regulations. The project must also comply with any other standards and guidelines adopted by the City Council for the residential targeted area. SECTION 6. BMC 3.78.070 Amended. Section 3.78.070 of the Bremerton Municipal Code entitled “Issuance of Final Certificate" is hereby amended to read as follows: 3.78.070 APPLICATION FOR CONDITIONAL CERTIFICATE. The Director may certify as eligible an application which is determined to comply with the requirements of this chapter. A decision to approve or deny an application shall be made within ninety (90) calendar days of receipt of a complete application. (a) Application. The Director may approve the application if he/she finds that: (1) A minimum of ten (10) new units are being constructed or in the case of occupied rehabilitation or conversion within twelve (12) months of occupancy, a minimum of four (4) additional multifamily units for a total project of at least ten (10) units including the four (4) additional multifamily units are being developed. (2) The proposed project is or will be, at the time of completion, in conformance with all applicable local plans and regulations. (3) The owner has complied with all standards and guidelines adopted by the City under this chapter. (4) The site is located in the residential targeted area. (5) If applicable, tThe proposed multiunit housing project meets the affordable housing requirements as described in BMC 3.78.040. (b) Approval of Application. If an application is approved, the applicant shall enter into a contract with the City, regarding the terms and conditions of implementation of the project, and the Director shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three (3) years from the date of approval unless an extension is granted as provided in this chapter. (c) Denial of Application. If an application is denied, the Director shall state in writing the reasons for denial and shall send notice to the applicant at the applicant’s last known address within ten (10) calendar days of the denial. (d) Appeal. Per RCW 84.14.070, an applicant may appeal a denial to the City Council within thirty (30) calendar days of receipt of the denial by filing a complete appeal application and fee with the Director. The appeal before the City Council will be based on the record made before the Director. The Director’s decision will be upheld unless the applicant can show that 7 Multifamily Property Tax Exemption Amendments - 2022 there is no substantial evidence on the record to support the Director’s decision. The City Council’s decision on appeal will be final. SECTION 7. BMC 3.78.110 Amended. Section 3.78.110 of the Bremerton Municipal Code entitled “Annual Compliance Review" is hereby amended to read as follows: 3.78.110 ANNUAL COMPLIANCE REVIEW. (a) Within thirty (30) calendar days after the first anniversary of the date of filing the final certificate of tax exemption and each year for the tax exemption period, the property owner shall be required to file a notarized declaration with the Director indicating the following: (1) A statement of occupancy and vacancy of the multifamily units during the previous twelve (12) months; (2) A certification by the owner that the property has not changed use and, if applicable, that the property has been in compliance with the affordable housing requirements as described in RCW84.14.020 since the date of the certificate approved by the City; (3) A description of changes or improvements constructed after issuance of the certificate of tax exemption; and (4) Any information needed by the City to file its report pursuant to subsection (b) of this section and any additional information requested by the City in regards to the units receiving a tax exemption. (b) The City shall report annually consistent with requirements as described in RCW 84.14.100 by December 31st of each year, beginning in 2007, to the Washington State Department of Commerce Community, Trade, and Economic Development. The report must include the following information, or as otherwise required per RCW 84.14: (1) The number of tax exemption certificates granted; (2) The total number and type of units produced or to be produced; (3) The number, size, and type of units produced or to be produced meeting affordable housing requirements; (4) The actual development cost of each unit produced; (5) The total monthly rent or total sale amount of each unit produced; (6) The annual household income and household size for each of the affordable units receiving a tax exemption and a summary of these figures for the City (7) The value of the tax exemption for each project receiving a tax exemption and the total value of tax exemptions granted. (c) City staff may also conduct on-site verification of the declaration. Failure to submit the annual declaration shall result in a review of the exemption per RCW 84.14.110. SECTION 8. BMC 3.78.140 Added. Section 3.78.140 of the Bremerton Municipal Code entitled “Extension of Tax Exemption" is hereby added to read as follows: 3.78.140 EXTENSION OF TAX EXEMPTION. Pursuant to RCW 84.14.020(6), the Administrator may approve an extended exemption of the project that qualified for, satisfied the conditions of, and utilized the exemption as provided in BMC 3.78.040(a)(2) from ad valorem property taxation for up to a total of twelve 8 Multifamily Property Tax Exemption Amendments - 2022 (12) successive years beginning January 1 of the year immediately following the calendar year that the original exemption expires. (a) The owner of property applying for extended exemption under this subsection shall submit an application to the Administrator on a form established by the Administrator. The owner shall verify the correctness of the information contained in the application by his/her signature and affirmation made under penalty of perjury under the laws of the State of Washington. The application shall contain such information as the Administrator may deem necessary or useful, which at a minimum shall include: (1) A statement from the owner acknowledging the potential tax liability when the property ceases to be eligible for exemption, equivalent to BMC 3.78.060, and (2) Information required for the Final Exemption Certificate pursuant to subsections BMC 3.78.100, and (3) Information required for the annual report pursuant to BMC 3.78.110. (b) Deadline: The extension application shall be submitted to the Administrator no later than August 31 of the year of the original exemption expires. SECTION 9. Figure 3.78(e) of Chapter 3.78 of the Bremerton Municipal Code entitled “Eastside Employment Center Target Area” and shown in Exhibit A is hereby repealed and replaced with Exhibit B, entitled “Eastside Village Center Target Area”. SECTION 10. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 11. Effective Date. This ordinance shall take effect and be in force on ____________________. 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: 9 Multifamily Property Tax Exemption Amendments - 2022 __________________________________ ________________________________ City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 2022. EFFECTIVE the ________ day of ______________________, 2022. ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Community Development\Multifamily Property Tax Exemption Amendment1 - 2018.doc EXHIBIT A EXHIBIT B AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: October 26, 2022 Acceptance of the Lodging Tax Advisory Committee’s 2023 Funding Recommendations COUNCIL MEETING Date: November 2, 2022 Department: City Council Presenter: Denise Frey LTAC Chair Phone: (360) 473-5280 SUMMARY: The Lodging Tax Advisory Committee (LTAC) received thirteen (13) requests totaling $456,460. Also received was a request by the Admiral Theatre for a renewal of the City’s commitment of $60,000 for tourism promotion. Direction provided by City Council for funding requests included support of long-time community events, kick-starting new events, tourism-based organizations and venues still impacted by the pandemic, and municipal projects. Also, criteria provided by the City Council when evaluating the requests included economic impact, events or activities to draw tourists from 50 miles or mor e away, and applicants that demonstrate collaboration with other community organizations. Following the application process, interviews were then held on October 7 and 14, followed by deliberations on October 21. The LTAC is now presenting for the Council’s consideration Funding Recommendations that include all 14 of the applicants with a total proposed allocation of $220,000 (Exhibit A). The funding also includes the continued commitment to the Kitsap Conference Center for $250,000 and the Admiral Theatre for $150,000, for a grand total of $620,000 for Fiscal Year 2023. ATTACHMENTS: 1) Exhibit A – LTAC Funding Recommendations for 2023 FISCAL IMPACTS (Include Budgeted Amount): RCW 67.28 specifies that the LTAC’s recommendations may either be accepted or rejected. If any individual recommendation is rejected by City Council, then the proposed change must be submitted to the LTAC for review and comment, allowing for up to 45 days before final action on the funding is taken. Funding may only be allocated to the list of eligible applicants provided by the LTAC. A delay in funding could potentially impact event planning in progress by organizations. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the Lodging Tax Advisory Committee’s 2023 Funding Recommendations per Exhibit A. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A12 FY 2023 BREMERTON LODGING TAX ADVISORY COMMITTEE RECOMMENDATIONS Organization Proposed Project/Use of Funding Requests Recommendations Puget Sound Navy Museum Tourism Promotion $7,500 $5,000 Bremerton Rotary Tourism Promotion & Operations Bremerton Blackberry Festival September 2-4, 2023 $20,000 $10,000 Visit Kitsap Peninsula Tourism Promotion & Operations $45,000 $30,000 Sunny Jack Events Operations Bremerton Bridge Blast June 24 or July 1, 2023 $30,000 $20,000 Collective Visions Gallery Tourism Promotion & Operations CVG Juried Art Show January 14 – February 24, 2023 $5,000 $5,000 West Sound Pickleball Community Operations Armed Forces Pickleball Tournament August 2023 New Event $24,000 $5,000 Bremerton Historic Ships Association Tourism Promotion $55,000 $30,000 Heavy Jeens Tourism Promotion & Operations Heavy Jeens First Friday Scavenger Hunt $24,780 $5,000 Washington State Science & Engineering Fair (WSSEF) Tourism Promotion & Operations Jr. Science & Humanities Symposium February 17-19, 2023 WSSEF March 31-April 1, 2023 $50,000 $30,000 Valentinetti Puppet Museum Tourism Promotion & Operations $15,000 $5,000 Kitsap History Museum Tourism Promotion & Operations First Friday, History Uncorked, Eat Your Way Through Kitsap, Kitsap County Fair, and Kitsap Antique Show $30,000 $15,000 Roxy Bremerton Foundation Operations Roxy Theatre & West Sound Film Festival $12,000 $10,000 Greater Kitsap Chamber Tourism Promotion & Operations Bremerton Armed Forced Day Parade & Festival, Bridge Blast, Rock the Dock, Visitor Center Staffing & Expanded Hours $138,180 $50,000 Total FY2023 Requests $456,460 $220,000 Admiral Theatre Foundation Tourism Promotion Renewal of $60,000 for 2023-2027 (added to ongoing contract $90,000/year) $150,000 Kitsap Conference Center Operations $250,000 Total Dedicated Funding $400,000 Grand Total FY2023 Proposed Lodging Tax Funding $620,000 From: Kate Vikstrom <katevikstrom@gmail.com> Sent: Sunday, October 23, 2022 4:28 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: In Support of a Lodging Tax Grant for Collective Visions Gallery Dear City Council Members, I’m writing to ask for your support of Collective Visions Gallery, and its annual statewide CVG Show. I am a CVG member artist, and we are continually reaching out to the community, not only to support the arts, but to come downtown and be involved in the fun of our community. We offer classes, demonstrations, opportunities for non-member artists, and musicians, and more. And every winter our annual CVG show brings in visitors from all over the state. While here they support the lodging and restaurant industries as well. I sincerely hope you will honor the arts as a significant part of our city’s life, with a grant from the Lodging Tax. Sincerely, Kate Vikstrom, CVG member artist Sent from my iPad From: Lou Hurlbut <lkhurlbut@hotmail.com> Sent: Monday, October 24, 2022 9:44 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: In Support of a Lodging Tax Grant for Collective Visions Gallery Hello Bremerton City Council and Lodging Tax Advisory Board, I’m writing to ask that you support the Collective Visions Gallery in it’s request for a grant that will help further it’s long held goal of bringing beautiful art to the City of Bremerton. I’ve been a member of the Gallery for about two years and can tell you that every meeting of the board and general membership contains conversation about how we can draw people into the City to see and appreciate the art and the other things the downtown area has to offer residents and visitors. For example, this year, in addition to the highly regarded CVG annual show the CVG sponsored close to a dozen free demonstrations and hands-on events and another half dozen low cost classes. Please help us to keep this all going. P.S. And thank you for your attention to the issue we had with vagrants intimidating our members and visitors. With you folks and the mayor and police we now have a safer environment for everyone. Lou Hurlbut Artist From: Bill & Linda Walcott <lwwalcott@wavecable.com> Sent: Friday, October 14, 2022 4:07 PM To: City Council <City.Council@ci.bremerton.wa.us> Cc: AlanNewberg@comcast.net; cindyduvall2@gmail.com; katevikstrom@gmail.com; 'Kay Dewar' <kaydewar@comcast.net>; roseguastella@gmail.com Subject: In Support of a Lodging Tax Grant for Collective Visions Gallery Dear City Council Members: I am writing this to show my support of the Collective Visions Gallery and its CVG Show. The gallery is an association of West Sound professional artists working together to encourage a community passion for the visual arts, and to make quality art available for purchase by members of the community. In my opinion the gallery is one of the best art galleries in the state, and is certainly one of the high points of attractions in Bremerton. It has been a cornerstone of the Bremerton Community for over 25 years. The gallery employs a program of exhibits, lectures, concerts, and other art related events to communicate ideas, build community spirit, and enrich and educate our audience. The CVG Show is the gallery’s major event each year. This prestigious event, occurring during January and February, attracts numerous artists and viewers from across the state. I hope the Tax Advisory Board will look favorably upon our request for a grant to help support the gallery and the CVG Show. Sincerely, William O. Walcott Member Collective Visions Gallery lwwalcott@wavecable.com From: FRANK CARSEY <digbycarsey@comcast.net> Sent: Monday, October 17, 2022 4:37 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Lodging Tax Grant for Collective Visions Gallery Dear Bremerton City Council I am speaking in favor of funding for the Collective Visions Gallery from the Lodging Tax even. I am a member of CVG, so that makes me biased but also makes me knowledgeable about gallery contributions to our community. I note that we: -Organize and stage the CVG Show, a statewide art show now well regarded in Washington art circles. Artists and art lovers from all over the state come to view this show and have for over a dozen years. -Use gallery space and publicity for a month each year (for more than a decade) for the Bremerton High School Art Show. The students love it and learn practical lessons about art marketing. -Use gallery space and publicity as well as gallery member work in Ars Poetica, a joint show and reading with the Westsound poets, an activity that the local writers and authors look forward to. -Participate in civic activities such as First Friday Artwalk (in which we were founders), the Blackberry Festival, downtown Halloween, the Christmas Parade and other community-strengthening celebrations. This funding helps us, a non-profit, continue to provide for our community. The arts are not lucrative; we largely fund our art and our community presence and do so cheerfully, but with civic help we can do better. Thank you for considering our application. Regards, Frank Carsey Bremerton WA From: Harry von Stark <vonstarkphotography@gmail.com> Sent: Saturday, October 15, 2022 9:49 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Rose Guastella <roseguastella@gmail.com> Subject: In Support of a Lodging Tax Grant for Collective Visions Gallery We thank you in advance for your support for Collective Visions Gallery downtown. The gallery is such a pleasure to visit during gallery walk every month and view the wonderful work on display, with the music to lighten the load so to speak. A great addition for downtown, while keeping up with new things happening with the area. Harry von Stark From: Marie and John Stege <thesteges@gmail.com> Sent: Saturday, October 15, 2022 9:28 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: In Support of a Lodging Tax Grant for Collective Visions Gallery Hello, I would like to express my support for a Lodging Tax Grant for the Collective Visions Gallery in downtown Bremerton. It is a cornerstone of the Bremerton Community and adds a lot to the downtown area. I think it deserves to be funded because it is important in representing the community in a positive way, and provides a needed center for the arts. Thank you for your consideration in this matter. Sincerely, John Stege From: Laurie Barmore <lauriebarmore@gmail.com> Sent: Saturday, October 15, 2022 10:15 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: In Support of a Lodging Tax Grant for Collective Visions Gallery Dear Bremerton City Council Members, I relocated to Bremerton in the Spring of 2020. The pandemic was ramping up and businesses were shutting down. As an artist, I had a desire to find local galleries and the artists of my new community. In November of 2021, I came across Collective Visions Gallery and began the process of being juried into the gallery. I was amazed to learn how long the gallery had been a significant part of the cultural life of Bremerton and the downtown area. I have lived in other communities in another state that lacked any representation of the arts despite a population of 60,000. The Arts (theatre, music, galleries) make or break a community because they give a vibrancy to the life of a town. They give reasons for people to come downtown, to relate to one another, to be inspired, challenged, and entertained. The CVG is an important, if not essential, part of that for the city of Bremerton. The Gallery is a wonderful place to visit! It's professionally run and provides destination activities to our town. I urge you to support a Lodging Tax Grant for Collective Visions Gallery to ensure its viability in our community for a long time to come! Many thanks, Sincerely, Laurie Barmore Abstract Painter From: Steve Brixey <steve.brixey@outlook.com> Sent: Friday, October 14, 2022 8:56 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: In Support of a Lodging Tax Grant for Collective Visions Gallery Dear Bremerton City Council, I am writing this endorsement of the Collective Visions Gallery (CVG) to support their application for a Lodging Tax Grant. CVG is a active and positive part of the Bremerton community. It has served our area for nearly 30 years by supporting and encouraging the artistic talents of our community. CVG supports art from people of all ages and welcomes art of all mediums, from 2D and 3D creations (like paintings and sculptures) to live art (such as musical instruments and singing). The gallery is visited by many visitors to Bremerton, either arriving by car or ferry from out of town. In support of the community CVG has several shows to encourage artists and rec ognize their abilities. One of these shows is the annual CVG Juried Art Show. This show will be held in early 2023 and encourages art submissions from all areas of the state. The requested grant will help CVG in support of this show which brings in many outside visitors and artists. Please consider CVG for this grant so the gallery can continue to support the Bremerton and Kitsap County residents in a positive and progressive way through art of all types. Thanks for your consideration, Steve Brixey CVG Member Silverdale, WA From: Heidi Jansson <lumenmoon.hj@gmail.com> Sent: Saturday, October 22, 2022 10:42 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens Dear Bremerton City Council, I am writing to express my love and appreciation for the Heavy Jeens Project. This concept brings the community together and is a driving incentive to get Bremerton out and shopping. Especially with small businesses. My family loves looking for Heavy Jeens posters for Bremerton First Friday. Please continue supporting the Heavy Jeens project through the Lodging Tax funds. We need this art in our community. Thank you! Sincerely, Heidi Jansson Get Outlook for Android From: Brandi Allred <b.jensenallred@gmail.com> Sent: Wednesday, October 12, 2022 2:53 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens Funding Dear Bremerton City Council, I am writing to ask that the council continue to support the Heavy Jeens Project through the Lodging Tax funds. One thing I love about Heavy Jeens is the unique and powerful art it brings to Bremerton; it is one of many things that makes Bremerton unique. The Heavy Jeens Project has been a staple of the Bremerton First Friday event. Please keep it going. -- Best, Brandi Allred b.jensenallred@gmail.com From: caelum roberts <caelumclyde@yahoo.com> Sent: Monday, October 10, 2022 11:32 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens Dear Councilmembers, I am writing to let you know that I think that Heavy Jeens the public art project is important to our community. I would like the City to continue support for the project. Searching for free art on First Friday has become one of the best things about the monthly arts open house and I know others who make a point to look for the posters as well. It is great for me and I think for businesses downtown to see people out on First Friday and I know Heavy Jeens contributes to that. Thanks, Caelum Roberts From: Chanel Caulfield <caulfieldcv@gmail.com> Sent: Wednesday, October 12, 2022 5:10 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens Project Dear Bremerton City Council, I am writing to ask that the council continue to support the Heavy Jeens Project through the Lodging Tax funds. One thing I love about Heavy Jeens is how they make art accessible, no matter what demographic or tax bracket you fit in. Brining the community together though art makes for a more connected community. The Heavy Jeens Project has been a a staple of the Bremerton First Friday event. Please keep it going. Kind Regards, Chanel Riggle From: Chris Rock <rockadvocate@gmail.com> Sent: Wednesday, October 12, 2022 5:40 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens To whom it may concern: We’d love to see our favorite first Friday artist and posters helped with funding! Please help fund Heavy Jeens. Thanks! Chris From: D G <graydani03@gmail.com> Sent: Wednesday, October 12, 2022 9:40 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Lodging Tax- Fund Heavy Jeens Hello city council, I wanted to write to express my desire for the council to continue it's support for Heavy Jeens and Collective Visions Gallery. Heavy Jeens is one of my favorite things about First Friday- it gets me out participating with our community every First Friday. Myself and many people I know. Collective Visions Gallery and Heavy Jeens are cornerstones to the Bremerton First Friday experience. Let's keep them funded and operating. Warm regards, Dani Gray From: Eric Morley <eric.j.morley@gmail.com> Sent: Wednesday, October 12, 2022 4:59 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens Project Dear Bremerton City Council, I am writing to ask that the council continue to support the Heavy Jeens Project through the Lodging Tax funds. One thing I love about Heavy Jeens is that it’s a uniquely Bremerton project that makes art fun, affordable, available, and promotes more people to support and visit local businesses and creative people. The Heavy Jeens Project has been a a staple of the Bremerton First Friday event. Please keep it going. Kind Regards, Eric Morley From: Jennifer Lombard <jennifer.lombard.ak@gmail.com> Sent: Wednesday, October 12, 2022 9:04 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Please fund Heavy Jeens To whom it may concern, I support the funding of Heavy Jeens. I strongly believe that it is a wonderful contribution to Bremerton's art and culture scene. Regards, Jennifer S. Lombard From: Jessica Fowler <thefowlers@live.com> Sent: Wednesday, October 12, 2022 10:27 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens Dear Bremerton City Council, I am writing to ask that the council continue to support the Heavy Jeens Project through the Lodging Tax funds. One thing I love about Heavy Jeens is that it gets people out exploring their community. The Heavy Jeens Project has been a a staple of the Bremerton First Friday event. Please keep it going. Kind Regards, Jessica Fowler From: Jessica Torrez-Riley <jessicatorrezriley@gmail.com> Sent: Wednesday, October 12, 2022 9:43 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Fund Heavy Jeens lodging tax fund Dear Bremerton City Council,⁠ ⁠ I am writing to ask that the council continue to support the Heavy Jeens Project through the Lodging Tax funds. One thing I love about Heavy Jeens is the joy it brings to Bremerton businesses. The hunt for a poster brings people to business they may not otherwise have visited. When I first moved here in 2020 the poster hunt was a reason to go out and meet people in the community. These cherished posters now line the walls of my stairwell, brightening my day and giving me a story to share with visitors about this cool local, grassroots art adventure each month. First Friday has become an event where I encourage out of town friends and family to come visit and spend money in Bremerton. It’s also a great day to connect with the artists within the community. The Heavy Jeens Project has been a a staple of the Bremerton First Friday event. Please keep it going. ⁠ ⁠ Kind Regards,⁠ Jessica Torrez Riley Union Hill Neighborhood -- -- Jessica Torrez-Riley C: 425-442-4712 linkedin.com/in/jessicatorrezriley From: Marie and John Stege <thesteges@gmail.com> Sent: Friday, October 21, 2022 9:49 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy jeans Dear Bremerton City Council, I am writing to ask that the council continue to support the Heavy Jeens Project through the Lodging Tax funds. One thing I love about Heavy Jeens is their artwork. The Heavy Jeens Project has been a a staple of the Bremerton First Friday event. Please keep it going. Kind Regards, John Stege From: Judy M <juditthmmedina45@gmail.com> Sent: Friday, October 14, 2022 5:56 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens Project Dear Bremerton City Council, I am writing to ask that the council continue to support the Heavy Jeens Project through the Lodging Tax funds. One thing I love about Heavy Jeens is that they have gotten me out every First Friday to spend more time exploring around Bremerton. If it wasn't for Heavy Jeen, I wouldn't have discovered new local businesses to support. The Heavy Jeens Project has been a staple of the Bremerton First Friday event! Please keep it going. Kind Regards, Judith Medina From: Garinger, Karen L <kgaringe@indiana.edu> Sent: Monday, October 10, 2022 7:26 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens project Dear City Council, As a citizen who deeply appreciates the arts scene in Bremerton, I’m contacting you in favor of city funding for the Heavy Jeens project. As you may know, this project partners with the First Fridays art walks on and near Pacific Avenue and makes beautiful, original prints available for free through a sort of “treasure hunt” experience for attendees. It’s fun. And did I mention that the free posters are beautiful? Please do what you can for this wonderful, creative endeavor. Best wishes, Karen Garinger Union Hill 360-362-3169 From: Kat S <katsnyer@gmail.com> Sent: Friday, October 14, 2022 8:34 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens Hi there. I am writing to urge the Council to support the art project Heavy Jeens with the Lodging Tax Fund. I look forward to a new free art poster hunt at the beginning of each month, and it brings in members the community to my work (a small local restaurant) and surrounding businesses. Heavy Jeens is a vital part of the Bremerton art community and I love it so, so much. Thank you! Kat Snyer From: Katie Pratt <ktlaine@gmail.com> Sent: Thursday, October 13, 2022 9:53 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Lodging Tax Fund: Heavy Jeens Dear Bremerton City Council, I am writing to ask that the council continue to support the Heavy Jeens Project through the Lodging Tax funds. I am a new resident to Bremerton, but previously lived in Port Orchard. The First Friday events, particularly Heavy Jeens, and the artistic community in Bremerton are a large part of why my husband and I chose to move to Bremerton. Even before we moved to Bremerton we would drive over to Bremerton to spend time downtown or on Callow - to check out local businesses and look for Heavy Jeens posters. Honestly, the "hunt" for posters led us to many businesses we might not otherwise have frequented and have since come to love. Please keep supporting this important staple of the First Friday event! Best wishes, Katie Pratt From: Laura Kneib <laura@frogsoap.com> Sent: Wednesday, October 12, 2022 4:59 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens Project funding Dear Bremerton City Council, I am writing to ask that the council continue to support the Heavy Jeens Project through the Lodging Tax funds. One of the many things I love about the Heavy Jeens Project is how the posters help bring folks downtown each and every First Friday. Folks flock to town in search of these amazing and limited edition, FREE posters! While going from shop to shop searching for the hidden posters these folks hang out, visit with friends they’ve run into, shop and dine. They spend money. Money, continuous money keeps Bremerton humming and it certainly keeps our small businesses alive. It is a badge of honor to find a prized Heavy Jeens poster. And, they come into FROG Soap to ogle our limited gallery of the framed posters saying, “Yup, I’ve got that one!;” “No, I wasn’t fast enough to get that one.” “Isn’t that poster something?” The posters start conversations; take the poster of the yellow sunflower with the letters PEACE. That is a conversation about our community of people on the other side of the world trying to survive. The Heavy Jeens Project is good on so many levels. The Heavy Jeens Project has been a staple of Bremerton First Friday. Please keep it going, as it is such a worthy project. I’d put it on parr with the beautiful flower baskets put up each spring and the twinkly lighted trees along Pacific Avenue through the winter. They are a few of the amazing ingredients that make Bremerton the best soup in the whole county. Soup is warm, soup is nourishing and helps feed our very special community its dose of art, entertainment and humanity. Thank you so much for the valuable time you spent reading my letter and considering its contents. Laura Kneib FROG Soap 707 Pacific Avenue, Bremerton, WA 98337 360-627-8063 Sent from my iPad From: Linsey Sauer <linsey.sauer@gmail.com> Sent: Thursday, October 13, 2022 9:16 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Heavy Jeens Support Members of the Bremerton City Council, Please consider this email from a Bremerton resident as a vote of support for Heavy Jeens continuing to be supported by the Lodging Fund Tax. They are a consistent bright spot in the community- it brings me in to the city and is something I mention to visitors when talking about the charm of the city. We are so lucky to have consistent but also changing art through Heavy Jeens. Thank you, Linsey Sauer From: Maggie Waller <mleawaller@gmail.com> Sent: Saturday, October 15, 2022 5:20 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Lodging tax fund Hi, I am writing to ask that the council continue to support the Heavy Jeens project through the lodging tax funds. It’s so important to support public, free art accessible to all members of our community. Please keep this project going so we can continue to bring free art every First Friday. Thank you! Maggie Waller From: Patricia Mulligan <patriciamulliganlmhc@gmail.com> Sent: Wednesday, October 12, 2022 3:03 PM To: City Council <City.Council@ci.bremerton.wa.us> Cc: sam@fingersduke.com Subject: Lodging Tax funds usage As a business owner in Bremerton, I am writing to ask that the Council continue to support the Heavy Jeens Project through the Lodging Tax funds. The vibrant art scene, represented by Bremerton First Friday events, was a core factor in my decision to locate my business in Bremerton rather than my home town of Port Orchard. And Heavy Jeens Project has been a staple of the First Friday event. Their art and community engagement represents the best of Bremerton, and I encourage you to continue funding the project. Thank you. Patricia Garcia Mulligan (she/her) 360-443-0743 phone 360-925-3391 fax patriciamulligantherapy.com From: Priya Charry <priya.charry@gmail.com> Sent: Thursday, October 13, 2022 5:05 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Supporting Heavy Jeens Dear Bremerton City Council, I’m writing to request that the Council continue to support the Heavy Jeens project led by Karen Sawyer, through city lodging tax funds. The Heavy Jeens project has been a staple of the Bremerton First Friday Art Walk and is a valuable part of Bremerton’s core arts district. It’s one of Bremerton’s most recognisable and creative elements. I hope we can continue to offer this high quality art experience to folks in Kitsap and encourage shared community exploration. Best regards, Priya Charry -- Priya Charry, MSLIS +1 860 833 6388 priya.charry@gmail.com My pronouns are she, her, hers