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HomeMy WebLinkAbout09/04/2024 CITY COUNCIL AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 * * * 2nd A M E N D E D * * * WEDNESDAY, SEPTEMBER 4, 2024 CITY COUNCIL MEETING AGENDA Council Members and staff will be participating in the meeting in-person, and the public is invited to attend. Or beginning at 5:30 PM, the public may participate remotely through one of the following options:  To stream online only (via BKAT Feed, with no interaction possible): https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live  Members of the public are invited to join the Zoom Meeting by clicking on the link below: https://bremertonwagov.zoom.us/j/89694813320?pwd=Z0JvSXNhSFp1c0xhL1NxUjRhN20xUT09  Or One tap mobile: US: +12532050468,,89694813320#,,,,*173061# or +12532158782,,89694813320#,,,,*173061#  Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 205 0468 or +1 253 215 8782 or +1 669 444 9171 or +1 669 900 6833 Webinar ID: 896 9481 3320, Passcode: 173061 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1. BRIEFING: 5:00 – 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (Only as necessary...) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS 3. MAYOR'S REPORT 4. CONSENT AGENDA A. Claims and Check Register B. Minutes of Meeting – August 21, 2024 C. Minutes of Study Session – August 28, 2024 D. Public Works Board Loan Amendment C for Pine Road Basin Stormwater Improvements Project E. Approve Budget Adjustment to the Abatement Fund 5. PUBLIC RECOGNITION – To address the Council on any issues not already on the agenda. Please state your name for the record in person, and limit your comments to under 3-minutes 6. GENERAL BUSINESS A. Confirm Appointment of Timothy Barker as the Director of Parks & Recreation at Pay Band 20, Rate 4 of the 2024 Management, Professional, Confidential, & Fiduciary Salary Plan B. Presentation on 2024 Comprehensive Plan Updated Schedule and Review Opportunities Information only C. Change Order No. 2 to Public Works Agreement with PRO-VAC for Lift Station OB-1 and CW-1 Wet Well Rehabilitation Project Heard under Consent Agenda D. Local Agency Agreement for PROTECT Grant with WSDOT for Parish Creek Fish Barrier Removal Heard under Consent Agenda 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: September 4, 2024 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1.Check Numbers 408151 – 408293 and EFT Numbers V41695 - V41780 in the grand total amount of $ 2,936,940.46 2.Regular Payroll for pay period ending August 15, 2024 in the amount of $ 1,130,687.91 3.Regular Payroll payout for pay period ending August 15, 2024 in the amount of $988.80 4.Regular Payroll correction for pay period ending August 15, 2024 in the amount of $4,130.32 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION ACTION: ☒ Consent Agenda ☐General Business ☐Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action 4A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Council Meeting – August 21, 2024 Study Session Date: N/A COUNCIL MEETING Date: September 4, 2024 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Council Meeting held on August 21, 2024 are attached. ATTACHMENTS: Council Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Mo ve to approve the August 21, 2024 Council Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4B DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, August 21, 2024 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, August 21, 2024, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Jennifer Chamberlin presiding. Council Members present were Eric Younger, Michael Goodnow, Jane Rebelowski, Jeff Coughlin, and Denise Frey. Council Member & Vice President Anna Mockler was absent. At 5:30 PM, the meeting moved to the First Floor Meeting Chambers. Also present were City Attorney Kylie Finnell, Assistant City Attorney Brett Jette, City Clerk Angela Hoover, Legislative Office Manager Lori Smith, and IT Manager Dave Sorensen. President Chamberlin announced the City Council is conducting the Council Meeting in-person, and because we encourage community involvement, we invite the public to also join us in person; or participate via a remote option through Zoom or view on BKAT. MAYOR’S REPORT – Mayor Wheeler provided highlights of the following items:  Public Comments accepted until September 8 on Active Transportation Priority Network  Defense Community Infrastructure Grant Update  Annual Chip Seal Project Update  Washington Avenue & 11th Street Chip Sealing Project to be completed August 26 to 27  Gorst Creek Fish Weirs were installed on August 9  Quincy Square Mural Community painting event on August 24  Annual Beautify Bremerton event to recycle yard waste on September 14 CONSENT AGENDA 4A – Check Numbers 407974 through 408150 and EFT V41589 through V41694 in the grand total amount of $3,269,747.15; Regular Payroll for pay period ending July 31, 2024 in the amount of $1,150,977.09; Regular Payroll Payout for pay period ending July 31, 2024 in the amount of $4,460.86; and Regular Payroll Correction for pay period ending July 31, 2024 in the amount of $1,229.84 4B – Minutes of Meeting – August 7, 2024 4C – Minutes of Study Session – August 14, 2024 4D – Confirm Appointment of Victoria Hilt to the Bremerton Housing Authority Board of Commissioners 4E – Agreement with Tacoma Pump & Drilling Co. Inc. for the Well 7A Drilling Project 4F – Contract Modification Agreement No. 6 with SCJ Alliance for Design of the Warren Avenue Bridge Project 4G – Contract Modification No. 2 with Parametrix, Inc. for Engineering Services During Construction for the Haddon Park Renovation Project Comments from the public were provided by 5:41 PM M/S/C/U (Goodnow/Rebelowski) Move to approve the CONSENT AGENDA as presented. Motion carried unanimously President Chamberlin announced that Public Recognition provides an opportunity for attendees to address the Council on any issue not already on tonight’s Agenda, and there will be no public comments accepted via Zoom, unless prior arrangements were made through the City Clerk. She further provided a reminder that it is Election Season again; so please refrain from any endorsements or comments about candidates, or ballot measures. We only ask that you state your City Council Reg. Mtg. Minutes Wednesday, August 21, 2024 Page 2 of 3 name for the record and please limit your comments to 3-minutes or less. A timer system will be used so that everyone is treated fairly. PUBLIC RECOGNITION – Comments from the public were provided by Mary Lou Long; President of “Save Enetai” Kathie Lustig; Naomie Levine; resident of Illahee Shores Mobile Home Park Debbie Zieglar; and Michael Simonds. GENERAL BUSINESS 6A – RESOLUTION NO. 3386 TO RENAME THE EASTSIDE VILLAGE SUBAREA PLAN TO HARRISON HEIGHTS SUBAREA PLAN: District 2 Council Member Denise Frey established that the community of the City of Bremerton desires to rename the Eastside Village Subarea to Harrison Heights Subarea in recognition of Angie and Benjamin Harrison, the founders of Harrison Hospital. In addition, there is desire for a memorial in honor of the Harrisons in the area of the old Harrison Hospital. The action before the Council is to approve a Resolution for the renaming and establishment of a memorial. There were no questions or comments from the public… 6:00 PM Motion was made by Frey; and seconded by Coughlin… Comments were provided by Coughlin, Rebelowski, and Chamberlin 6:04 PM M/S/C/U (Frey/Coughlin) Move to pass Resolution No. 3386; and authorize the renaming of the Eastside Village Subarea Plan to Harrison Heights Subarea Plan. Motion carried unanimously 6A – ORDINANCE NO. 5497 TO AMEND BMC CHAPTERS 3.78, 6.32, AND 20.04 DUE TO THE RENAMING OF THE EASTSIDE VILLAGE SUBAREA PLAN TO HARRISON HEIGHTS SUBAREA PLAN: Planning Manager Garrett Jackson stated that since City Council adopted Resolution No. 3386 which renamed the Eastside Village Subarea to Harrison Heights Subarea. The name “Eastside Village” appears in several sections of the Bremerton Municipal Code and therefore those references need to be amended to reflect the name change to “Harrison Heights.” For convenience, each amendment is included within one ordinance rather than multiple ordinances. One code section proposed to be amended is located in the Title 20 Zoning Code. Ordinarily, in order to amend the Zoning Code, the Planning Commission process would be required. However, BMC 20.18.050 – Minor Corrections – allows for an amendment to the Code that does not result any substantive change to the content or meaning of a code provision to move forward without utilizing the Planning Commission process. There were no questions or comments from the public… 6:07 PM Motion was made by Coughlin; and seconded by Rebelowski … Comments were provided by Coughlin, Frey, and Chamberlin. 6:09 PM M/S/C/U (Coughlin/Rebelowski) Move to pass Ordinance No. 5497 to amend Bremerton Municipal Code Chapters 3.78, 6.32, and 20.04 due to the renaming of the Eastside Village Subarea Plan to Harrison Heights Subarea Plan. Motion carried unanimously COUNCIL MEMBER REPORTS President Chamberlin on behalf of Council Member Mockler, reminded the community to attend the next District 6 Town Hall Meeting on Monday, September 9, 2024 from 4:00 PM to 6:00 PM in the Oyster Bay Public Works Conference Room. Jane Rebelowski shared multiple photos of vehicles blocking the bike lane on 11th Street; and announced that the next District 4 Townhall Meeting will be held on Thursday, September 5 from 5:00 to 6:30 PM at the Bremerton High School Career Center Building. City Council Reg. Mtg. Minutes Wednesday, August 21, 2024 Page 3 of 3 Jeff Coughlin reported on the new boat launch ramp at Evergreen Rotary Park; announced a “Brew Break” workshop to be hosted by the Downtown Bremerton Association; was excited about the nearly completed Mural on the Parking Garage featuring Quincy Jones; shared various infrastructure examples seen while on a recent trip to Victoria, BC, where he also noticed a dumpster was blocking a bike lane, proving many, if not all, cities struggle with this issue. Denise Frey recalled the Harrison legacy of Angeline “Angie” Webber Harrison (1862-1960); and shared photos of the Council Members being served lunch by the PW Department up at Casad Dam, which emphasized the need for “asset management”, which is important to sustaining the assets, which in turn protects our environment, including our watershed. President Chamberlin announced the next Study Session would be on Wednesday, August 28 beginning at 5:00 PM in the Council Conference Room; and that the public is welcome and encouraged to attend in-person or remotely via Zoom, but there will be no opportunity to comment. EXECUTIVE SESSION At 6:21 PM, President Chamberlin announced that Council would meet for 15-minutes to discuss “Potential Litigation” pursuant under RCW 42.30.110 (1) (i), with no action anticipated; followed by 10-minutes to discuss “Pending Litigation” as allowed pursuant to RCW 42.30.110 (1) (i), with action anticipated. The Executive Session was extended by 5-minutes. At 6:46 PM, President Chamberlin called the meeting back to order; and asked Assistant City Attorney Brett Jette to explain the action before the Council and to read the Motion for the record. There were no questions of comments from the public… 6:47 PM M/S/C/U (Goodnow/Rebelowski) Move to authorize the City Attorney and Mayor to take the necessary steps to exclude the City from and opt out of the In Re: Aqueous Film-Forming Foams Products Liability Litigation class action settlement relating to City of Camden, et al. v. Tyco Fire Products, LP, Case No. 2:24-cv-02321-RMG and the In Re: Aqueous Film-Forming Foams Products Liability Litigation class action settlement relating to City of Camden, et al. v. BASF Corporation, Case No. 2:24-cv-03174-RMG. Motion carried unanimously. With no further business, President Chamberlin adjourned the Council Meeting at 6:47 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manage APPROVED by the City Council on the 4th day of September, 2024. ________________________________________ JENNIFER CHAMBERLIN, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk JC:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session – August 28, 2024 Study Session Date: N/A COUNCIL MEETING Date: September 4, 2024 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes for the Study Session held on August 28, 2024 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Mo ve to approve the August 28, 2024 Study Session Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 4C CITY COUNCIL STUDY SESSION MINUTES Wednesday, August 28, 2024 A Study Session of the City Council of the City of Bremerton was called to order on Wednesday, August 28, 2024 at 5:00 PM in the First Foor Meeting Chambers located in the Norm Dicks Government Center at 345 6th Street, with Council President Jennifer Chamberlin presiding. Other Council Members present were Denise Frey, Jeff Coughlin, Jane Rebelowski, Michael Goodnow, and Anna Mockler. Council Member Eric Younger was absent. Legislative Assistant Christine Grenier provided staff support. President Chamberlin announced that the Study Sessions are always open for the public to attend in-person or view remotely. Since Council action is anticipated on Item A1, Public Comment will be taken prior to the Council vote. For regular Study Session Items C1 through C5, there will be no opportunities for input, the content of these items is subject to change, and no action is anticipated. Any of the items approved for action by the Council tonight, will be placed on the September 4, 2024 Council Meeting Agenda (or as otherwise determined)… It was further established that questions or comments by the public may be submitted on any item at any time by email to City.Council@ci.bremerton.wa.us. And Zoom recordings of Study Sessions will also be available online within a few days following the meeting. A. ACTION ON AGENDA BILL ITEM 1. Accept the Assistance to Firefighter Grant from the Federal Emergency Management Agency Fire Chief Pat McGanney explained that the Fire Department would like to accept the Assistance to Firefighter Grant (AFG) through FEMA to purchase two Lucus CPR devices. This grand requires a 10% city match. The total grant request is for $68,258. The cities portion would be $6,826. There were no questions or comments from the public... 5:04 PM Motion was made by Mockler; and seconded by Rebelowski; with comments and questions provided by Mockler, Coughlin, and Rebelowski; and responses provided by Chief McGanney. 5:05 PM M/S/C/U (Mockler/Rebelowski) Move to authorize the Fire Department to accept an Assistance to Firefighter Grant (AFG) from FEMA. Motion carried unanimously B. INFORMATION ONLY ITEMS 1. Bremerton Parks & Recreation Commission Update – Ben Burnette, Commission Chair 2. SR303 Adaptive Signal Control Presentation – Karl Typolt, Transportation Systems Engineer with the Transpo Group; and Chris Dimmitt, City of Bremerton Civil Engineer III C. BRIEFINGS ON AGENDA BILL ITEMS 1. Public Works Board Loan Amendment C for Pine Road Basin Stormwater Improvements Project Consent Agenda 2. Presentation on Proposed Update to BMC Chapter 5.06 entitled “Rental Property Registration” Continued to a future Study Session President Chamberlin called a break from 6:43 to 6:55 PM… City Council Study Session Minutes Wednesday, August 28, 2024 Page 2 of 2 3. Determine the DEI Position Classification and Salary; and Approve related Budget Amendment Continued to September 11 Study Session 4. Approve Budget Adjustment to the Abatement Fund Consent Agenda 5. Presentation on 2024 Comprehensive Plan Updated Schedule and Review Opportunities General Business (Information only) D. GENERAL COUNCIL BUSINESS 1. Public Works Committee Briefing (Last Meeting 8/20/24) – Chair Jane Rebelowski 2. Audit Committee Briefing (Last Meeting 8/26/24) – Chair Anna Mockler 3. Finance, Investment & Parking Committee Briefing (Last Meeting 8/27/24) – Chair Michael Goodnow 4. Regional and Other Committee/Board Briefings 5. Other General Council Business was briefly discussed. President Chamberlin announced that the next Council Meeting will be on Wednesday, September 4, 2024 beginning at 5:30 PM in the First Floor Meeting Chambers of the Norm Dicks Government Center; and established that the public is invited to attend in person or remotely, but anyone wishing to speak during Public Recognition via Zoom must submit their request through the City Clerk by calling (360) 473-5323 at least 24-hours prior to the meeting. With no further business, the Study Session was adjourned at 9:09 PM. Prepared and Submitted by: ______________________________ CHRISTINE GRENIER Legislative/Auditor Assistant APPROVED by the City Council on the 4th day of September, 2024. JENNIFER CHAMBERLIN, Council President ATTEST: ANGELA HOOVER, City Clerk JC:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 28, 2024 Public Works Board Loan Amendment C for Pine Road Basin Stormwater Improvements Project COUNCIL MEETING Date: September 4, 2024 Department: Public Works & Utilities Presenter: D. Dinkuhn Phone: (360) 473-5331 SUMMARY: The City received a loan from the Public Works Board (PWB) for the Pine Road Basin Stormwater Improvements project totaling $3,881,330 at 1.66% interest. Due to an unanticipated increase in construction costs, additional funding is needed. A loan increase of $500,000 was applied for and PWB loan Amendment C approves this increase, bringing the new loan total to $4,381,330. ATTACHMENTS: 1. PWB Construction Loan Contract Amendment C FISCAL IMPACTS (Include Budgeted Amount): The increase in the loan balance is included in the 2024 budget. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the PWB Loan increase of $500,000; 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 04/19/2024 4D CONTRACT FACE SHEET Contract Number: PC18-96103-005 Amendment: C PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT 1. Contractor 2. Contractor Doing Business As (optional) City of Bremerton 345 6th St, STE 100 Bremerton, WA 98337 N/A 3. Contractor Representative 4. Public Works Board Representative Dave Dinkuhn Max Wedding 5. Contract Amount $3,881,330.00 6. Amendment Amount $500,000.00 7. New Contract Amount $4,381,330.00 8. Amendment Funding Source Federal: State:  Other: N/A: 9. Amendment Start Date 10. Contract End Date Amendment Execution Date June 1, 2038 11. Federal Funds (as applicable) N/A Federal Agency N/A CFDA Number N/A 12. Tax ID # 13. SWV # 14. UBI # 15. UEI N/A 0000221-00 181-002-539 N/A 16. Amendment Purpose The purpose of this amendment is to modify the amount of the Contract. The Board, defined as the Washington State Public Works Board and Borrower/Contractor acknowledge and accept the terms of this Agreement/Contract As Amended and have executed this Agreement/Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Agreement/Contract As Amended are governed by this Agreement/Contract Amendment and the following other documents incorporated by reference: Amendment Terms and Conditions. A copy o f this Agreement/Contract Amendment shall be attached to and made a part of the original Agreement/Contract between the Board and the Borrower/Contractor. Any reference in the original Agreement/Contract to the “Agreement” or the "Contract" shall mean the "Agreement As Amended" or "Contract As Amended," respectively. FOR THE CONTRACTOR FOR PUBLIC WORKS BOARD Signature Print Name Title Date Kathryn A. Gardow, Public Works Board Chair Date APPROVED AS TO FORM ONLY This 18th Day of December, 2008 Rob McKenna Attorney General Signature on File Dawn C. Cortez Assistant Attorney General 2 DECLARATIONS CLIENT INFORMATION Legal Name: City of Bremerton Loan Number: Amendment: PC18-96103-005 C PROJECT INFORMATION Project Title: Pine Basin Watershed Storm Sewer Improvements Project City: Bremerton Project State: Washington Project Zip Code: 98337 LOAN INFORMATION New Loan Amount: Prior Loan Amount: $4,381,330.00 $3,881,330.00 Total Estimated Cost and Funding: Loan Forgiveness % (if applicable): $4,381,330.00 0% Loan Term: 20 Years Interest Rate: 1.66% Payment Month: June 1st Loan Reimbursement Start Date: September 1, 2016 Time of Performance 60 months from Execution Date of this Contract to Project Completion. SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT N/A LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT This loan is a revenue obligation of the LOCAL GOVERNMENT payable solely from the net revenue of the Stormwater/Sanitary Sewer system. Payments shall be made from the net revenue of the utility after the payment of the principal and interest on any revenue bonds, notes, warrants or other obligations of the utility having a lien on that net revenue. As used here, “net revenue” means gross revenue minus expenses of maintenance and operations. The BOARD grants the LOCAL GOVERNMENT the right to issue future bon ds and notes that constitute a lien and charge on net revenue superior to the lien and charge of this loan agreement. SCOPE OF WORK Replace existing Pine Road Basin Outfall and install new storm sewer facilities to increase capacity and eliminate residential flooding in the Eagle Avenue Sub-basin. The project costs may include but are not limited to engineering, cultural and historical resources, environmental documentation, review, permits, public involvement, easements, bid documents and construction. The project needs to meet all applicable Local, State, and/or Federal standards. 3 AMENDMENT TERMS AND CONDITIONS Washington State Department of Commerce PUBLIC WORKS BOARD CONSTRUCTION LOAN CONTRACT Contractor/Borrower: City of Bremerton Contract Number: PC18-96103-005 Amendment Number: C The purpose of this amendment is to increase the funding of the above referenced Public Works Board Program. The Public Works Board (or its successors), a department of the State of Washington, (hereafter referred to as the "Board") and the Contractor, listed above and on the attached Face Sheet, agree to amend the declared loan as described. VICINITY MAP PINE ROAD BASIN MARINE IMPACT BASIN PROJECT AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 28, 2024 Approve Budget Adjustment to the Abatement Fund COUNCIL MEETING Date: September 4, 2024 Department: DCD Presenter: Andrea Spencer Phone: (360) 473-5283 SUMMARY: The Administration is seeking to amend the professional services budget within the Abatement Fund to increase it by $300,000, which will support the abatement actions that the City Council has authorized. There is adequate balance in the fund to accommodate this increase in expenditure and no additional funding needs to be allocated. This year the City Council has authorized several Code Enforcement abatements, and in recent weeks we have had many successful property clean ups that have resulted due to the Council authorization to abate the nuisances at these properties. The City still has several more properties that will be progressing through the abatement process and we will be receiving bills related to those actions in the coming months. At the time that the 2024 budget was established it was unknown how many properties would be moving forward, and the budget was established at a level that was inadequate to support the actions that we currently have underway that have been authorized by Council. Most of the expenses that the City incurs to clean up properties will be filed as liens, and as such will likely result in eventual repayment of these expenditures back to the Abatement Fund. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): The $300,000 increase to the Professional Services budget can be accommodated by the existing Abatement Fund balance, and no additional resources need to be allocated to the fund. STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Abatement Fund budget adjustment to increase the Professional Services line item by $300,000. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 4E AGENDA BILL CITY OF BREMERTON CITY COUNCIL Study Session Date: N/ASUBJECT: Confirm Appointment of Timothy Barker as the Director of Parks & Recreation at Pay Band 20, Rate 4 of the 2024 Management, Professional, Confidential, & Fiduciary Salary Plan COUNCIL MEETING Date: September 4, 2024 Department: Executive Presenter: Mayor Greg Wheeler Phone: (360) 473-5266 SUMMARY: BMC Chapter 2.05, Section 2.05.020 (a) and BMC Chapter 2.17, Section 2.17.020 require Council confirmation for the appointment of the Director of Parks and Recreation. Council confirmation is requested to appoint Timothy Barker as the City’s Director of Parks and Recreation. Mr. Barker has 25 years of service in parks and recreation. He has been employed by the City of Lewiston, Idaho for the past 17 years and has held the position of Director of Parks and Recreation for the past 13 years. He held the position of Assistant Director of Parks and Recreation for 4 years prior to being the director. He has a Bachelor’s Degree in Recreation from Pacific Lutheran University, Tacoma and is a Certified Parks and Recreation Professional. Subject to Council confirmation, a starting salary has been negotiated with Mr. Barker at Pay Band 20 Rate 4. Per BMC 2.50.032(a), newly hired persons who report directly to the Mayor require the approval of City Council when being hired at a rate which exceeds Rate 1. The Prothman Company conducted a nationwide search for this position which included placement in professional publications, journals, websites, social media and direct mailings to hundreds of Parks and Recreation professionals not actively seeking a change in employment. Council President Chamberlin, Councilmembers Frey and Coughlin, Parks and Recreation Commission Chair Burnett and Commissioners Weber and Dawson participated with the Prothman Company and City leadership in selecting Mr. Barker as the Mayor’s candidate to bring forward to the City Council for confirmation. Council President Chamberlin, with concurrence from Councilmembers Frey and Coughlin, agreed to add confirmation to the City Council’s agenda at the first meeting in September. Mr. Barker will need to relocate from Idaho and can start October 16, 2024. . ATTACHMENTS: Resume, Letter of Engagement outlining the terms of employment with the City of Bremerton, BMC 2.50 FISCAL IMPACTS (Include Budgeted Amount): Annual Salary is $144,735.60. This appointment does not require a budget adjustment. 6A Added 8/30/24 RECOMMENDED MOTION: Move to confirm Timothy Barker as the Director of Parks and Recreation at Band 20 Rate 4 of the salary schedule and authorize the Mayor to finalize and execute the attached Letter of Engagement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 Greg Wheeler, Mayor 345 6th Street, Suite 100 Bremerton, WA 98337 September 5, 2024 Timothy Barker RE: Letter of Engagement Dear Mr. Barker: The City Council has confirmed your appointment to the position of Director of Parks and Recreation. Your position is exempt from Fair Labor Standards Act (FLSA) overtime provisions and included in the Management and Professional classifications covered under BMC 2.50 (copy attached) as follows: Position: Director Department: Parks and Recreation Effective Date: October 16, 2024 Rate of Pay: $144,735.60 Annually (Band 20, Rate 4) Removal: Mayor Vacation: 25 days per year, pro-rated based upon date of hire Benefits: Pursuant to BMC Chapter 2.50 Severance: Pursuant to BMC Chapter 2.50.090 Moving Expenses: No more than $5,000.00 shall be reimbursed for moving expenses (including gas, hotel, and other related expenses excluding food). Receipts must be provided when reimbursement is requested. Moving expenses shall be repaid by employee based on months of service completed, if he separates within three years from date of hire. Signing Bonus: $10,000 which shall be repaid by employee based on months of service completed, if the employee separates within three years from date of hire. Public Works & Utilities You are an “at will” employee and may be terminated by the City without cause at any time with thirty (30) days’ notice. You may be terminated for cause, without notice, and no severance pay shall be paid. This letter shall constitute your terms and conditions of employment with the City and there are no other written or oral agreements that have not been set forth in this letter of engagement or covered by Chapter 2.50 of the Bremerton Municipal Code. Sincerely, Greg Wheeler Mayor cc: Charlotte Nelson, Human Resources Manager ----------------------------------------------------------------------------------------------------------------------------- ACCEPTANCE OF JOB OFFER: I, Timothy Barker, hereby accept the appointment to position of Director of Parks & Recreation, under the terms and conditions as set forth in this Letter of Engagement. SIGNATURE: ______________________________ __________________ Timothy Barker Date Chapter 2.50 MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM Sections: 2.50.010 POLICY STATEMENT. 2.50.020 EXEMPT AND NON-EXEMPT POSITIONS. 2.50.030 SALARY PLAN. 2.50.031 ADJUSTMENT OF SALARY BAND LEVELS. 2.50.032 ACTUAL SALARY RATE. 2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS. 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. 2.50.050 SUPPLEMENTAL RETIREMENT PROGRAM PLAN. 2.50.060 RETIREMENT BENEFITS. 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. 2.50.080 WORKERS’ COMPENSATION. 2.50.090 SEVERANCE PAY. 2.50.010 POLICY STATEMENT. (a) It is the policy of the City of Bremerton to provide a management and professional compensation program which enables the City to employ staff who possess the necessary skills and abilities to effectively: (1) Manage the delivery of existing City services and the provision of essential municipal government support functions; (2) Evaluate and plan future service needs; (3) Advise and support the policy-making activities of the City’s elected officials; and (4) Implement policy changes enacted by the elected representatives of the citizens of Bremerton. (b) It is also the policy of the City of Bremerton to structure the classification and compensation program for management and professional staff in a manner which assures that: (1) The actual duties assigned to a classification are appropriate to the assigned level of responsibility; (2) Compensation levels are consistent with the level of responsibilities assumed by staff and appropriate to the City’s financial circumstances; (3) Individual salary rates appropriately reflect each person’s performance and experience at the responsibility level assumed with the City of Bremerton. (c) The provisions of this program shall be applied equally to all persons included in the program without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, sexual orientation, gender identity, political affiliation, military status, pregnancy/maternity, obesity, or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. (Ord. 5470 §1, 2023; Ord. 5457 §1, 2022; Ord. 4305 §1 (in part), 1991). 2.50.020 EXEMPT AND NON-EXEMPT POSITIONS. (a) All City positions are governed by the Federal Fair Labor Standards Act (FLSA) and the Washington Minimum Wage Act and are classified as either "exempt" or "non-exempt." Non-exempt employees are entitled to overtime pay; exempt employees are not. Most positions covered by the FLSA are non-exempt; thus, entitled to overtime. Anytime a position changes from non-exempt to exempt status, the incumbent shall be cashed out for any compensatory time that they have accrued up to the time of the change. (b) Exempt Employee. An employee who does not receive overtime pay for hours worked in excess of forty (40) hours per week as provided in the FLSA because the employee works in a bona fide executive, administrative, professional, or other exempt capacity covered by the FLSA and Washington Minimum Wage Act. (c) Non-Exempt Employee. An employee who receives overtime pay for hours worked beyond forty (40) hours in a standard work week in accordance with the FLSA and Washington Minimum Wage Act. The amount of overtime pay is one and one-half (1.5) times the regular rate of pay for actual hours worked. (d) Applicability. The provisions of the program adopted by this chapter shall only apply to non-exempt/non- represented and exempt/non-represented salaried management and professional appointive positions designated as such and authorized in the City’s annual budget; provided, however, for the City Auditor, the responsibilities of the Mayor shall be exercised by the Audit Committee, and for the City Attorney, Mayoral approvals shall be forwarded to the City Council and may be modified by the Council President. (e) Exclusion From Representation. All elected officials, department heads, commission and committee members, and all positions within classifications that represent "the employer" for purposes of labor relations are excluded from being included in a representation unit for the purpose of collective bargaining under the State of Washington’s public employee collective bargaining statutes contained in Chapter 41.56 RCW. (Ord. 5470 §1, 2023; Ord. 5457 §1, 2022; Ord. 4539, Amended, 12/18/1995; Ord. 4462 §1, 1994; Ord. 4461 §3, 1994; Ord. 4452 §1, 1994; Ord. 4430 §1, 1993; Ord. 4408 §1, 1993; Ord. 4387 §1, 1992; Ord. 4358 §2, 1992; Ord. 4305 §1 (in part), 1991) 2.50.030 SALARY PLAN. A salary plan for management and professional staff shall be established and salaries set for covered employees as follows: (a) Each position included in BMC 2.50.020 shall be assigned to a salary band. Assignment of positions to bands shall be based upon general salary levels paid by municipal governments of similar size, demography and financial resources for similar responsibilities. Assigned salary bands shall not be changed or established without conducting a salary survey for the position being changed. All changes must be approved by the Mayor and City Council. (b) The salary bands shall be structured as follows: (1) Band Differential. The percentage differential between the maximum rates of salary bands shall be approximately five (5) percent. (2) Band Range. Salary rates of a band range shall have eight (8) rates. Rate 1 is approximately five (5) percent below Rate 2. Rate 2 through Rate 8 in the band shall be spread approximately two and one-half (2.5) percent. The spread between the minimum and maximum rates shall be approximately twenty-two (22) percent. (Ord. 5470 §1, 2023; Ord. 5457 §1, 2022; Ord. 5347 §1, 2018: Ord. 4984 §1, 2006: Ord. 4401 §1 (in part), 1993) 2.50.031 ADJUSTMENT OF SALARY BAND LEVELS. The City Council shall provide for adjustments to salary band levels as are consistent with the Council’s CPI salary adjustment policy each year. (Ord. 5470 §1, 2023; Ord. 5457 §1, 2022; Ord. 4984 §2, 2006: Ord. 4401 §1 (in part), 1993) 2.50.032 ACTUAL SALARY RATE. (a) Initial Rate. The salary rate of a person upon appointment to a management or professional position shall be set no lower than Rate 1 of the salary band to which an employee’s position is assigned. When it is in the best interest of the City, the department heads (with the Mayor’s approval) may authorize an initial salary of a newly hired or promoted person at a rate which exceeds Rate 1. Newly hired persons who report directly to the Mayor require the approval of City Council when being hired at a rate which exceeds Rate 1. (b) Salaries may be increased as follows: (1) Salary Rate Advancement. Each person shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the salary band. To receive a salary rate advancement, the employee must be evaluated as "meets expectations" (or equivalent) on his or her work performance evaluation. Salary rate advancements shall be an increase of one (1) rate in the same salary band, if available. (2) Additional Advancement. Those employees who receive a rating that exceeds the rating "meets expectations" (or equivalent) may be eligible to receive an additional salary rate advancement for an increase of one (1) additional rate in the same salary band, if available, above the initial rate advancement provided in subsection (b)(1) of this section. This additional advancement shall require the recommendation of the department head, or equivalent, and approval of the Mayor and City Council. (3) A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee’s performance. (4) Notwithstanding the above, when it is in the best interest of the City, the City Council upon the recommendation of the Mayor may authorize an in-range adjustment to provide additional salary in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council. (c) Changes to Employee Classifications. (1) Downgrading an Employee’s Classification. Upon the City Council’s approval of downgrading a person’s classification to a lower salary band, the person’s initial salary rate will be set at the same rate in the new band that was in effect in the former salary band. In the event a person’s salary rate exceeds the maximum rate of the salary band to which his or her position is assigned on the date of downgrading, his or her actual salary rate shall be frozen until such time as the maximum rate of the new band is equal to or greater than his or her actual salary and, at such time, the employee’s salary rate shall be set at the maximum rate of the salary band to which his or her position is assigned. (2) Upgrading an Employee’s Classification. If an employee’s classification is moved from one salary band to a higher band (excluding promotions), the employee’s salary rate at the higher band shall be set at the next rate which is higher than the salary the employee was receiving at the former band. Any additional rate advancements shall require City Council approval. The employee’s salary rate advancement date does not change. (3) Promotions. (A) In the event an employee is promoted from one (1) management/professional classification to a higher classification (one (1) salary band to a higher salary band), the employee’s salary shall be set no lower than Rate 1 of the salary band to which an employee’s position is assigned. When it is in the best interest of the City, the department heads (with the Mayor ’s approval) may authorize the rate of a promoted person at a rate which is higher than described above. Promoted employees shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the new salary band, which shall be the employee’s new salary rate advancement date. (B) In the event an employee is promoted to a management/professional classification from another employee group, excluding IAFF Bargaining Unit members, their salary shall be set no lower than Rate 1 of the salary band to which an employee’s position is assigned. When it is in the best interest of the City, the department heads (with the Mayor’s approval) may authorize the rate of a promoted person at a rate which is higher than described above. Promoted employees shall be eligible for a salary rate advancement upon completion of twelve (12) full months of regular (as opposed to interim) service at each rate in the new salary band, which shall be the employee’s new salary rate advancement date. (C) In the event an employee is promoted to a management/professional classification from a position within IAFF Local 437, said employee(s) will receive the same benefits and annual salary increase that are received by IAFF bargaining unit members. These employees will not be eligible for benefits or salary increases provided in BMC 2.50.031 through 2.50.070. Any additional rate advancements shall require City Council approval. (Ord. 5492 §1, 2024; Ord. 5489 §1, 2024; Ord. 5470 §1, 2023; Ord. 5468 §1, 2023; Ord. 5457 §1, 2022; Ord. 5415 §1, 2021; Ord. 5210 §1, 2013: Ord. 4984 §3, 2006: Ord. 4551, Amended, 05/23/1996; Ord. 4458 §1, 1994; Ord. 4401 §1 (in part), 1993) 2.50.034 INITIAL BENEFITS FOR DEPARTMENT HEADS. When it is in the best interest of the City, the City Council may authorize increased or additional benefits in hiring a department head beyond those specified in this chapter. Any extraordinary benefits must be included in the department head’s employment contract and approved by the City Council. (Ord. 5470 §1, 2023; Ord. 5457 §1, 2022; Ord. 4551, Added, 05/23/1996) 2.50.040 WORK SCHEDULES AND LEAVE BENEFITS. (a) Work Schedules. Full-time management and professional staff shall arrange such work schedules as are needed for the effective accomplishment of work and which shall be the equivalent of forty (40) hours per week, including paid holiday, vacation and sick leave time. The work schedules of part-time management and professional staff shall be apportioned accordingly. Alternative work schedules to the forty (40) hour week may be authorized by the department director and Human Resources Manager. Management and professional staff may be called back to their workplace at any time to respond to emergencies. (b) Non-exempt city employees may be required, as a condition of employment, to work overtime, when necessary, as determined by their department director. (c) Overtime Compensation. In accordance with the Fair Labor Standards Act (FLSA), non-exempt employees will be paid at the rate of one and one-half (1.5) times the regular rate of pay for actual hours worked in excess of forty (40) hours per week. Vacation, sick leave, and holidays taken in a pay period are not considered time worked for the purposes of calculating overtime. All overtime must be authorized in advance by the employee’s department director/manager. Working overtime hours without proper authorization may result in employee discipline, up to and including termination. (d) Compensatory Time. Non-exempt employees entitled to overtime pay may request compensatory time instead of a cash payment. This is approved on a case-by-case basis by the employee’s department director/manager. The City is not required to grant compensatory time instead of overtime pay. If the compensatory time option is exercised, the employee is credited with one and one-half (1.5) times the actual hours worked as overtime. The maximum allowed accrual of compensatory time shall be (40) hours, and all overtime accrued in excess of that maximum shall be paid at the applicable rate. Employees may use a maximum of sixty (60) hours of compensatory time in a calendar year. Employees may use compensatory time within a reasonable time period after making a request to their department head, unless doing so would unduly disrupt City operations. Accrued compensatory time shall be compensated on an hour for hour basis when an employee terminates employment with the City. Part-time employees will not accrue compensatory time unless they work over forty (40) hours in a work week. (e) Breaks and Rest Periods. Non-exempt employees will receive at least a half hour lunch period, but not more than one (1) hour and will receive a fifteen (15) minute paid rest period for each four (4) hours worked. Employees cannot waive rest periods, combine the rest period with the lunch period, or use this time to shorten the workday, unless approved by the department director/manager. (f) Flex Time. If mutually agreed upon by the employee and employee’s department director/manager, flex hours may be approved if the flex hours do not interfere with the employee’s workload requirements. Flex hours must be approved in advance. Flex time cannot be used to avoid using leave for last minute tardiness/absenteeism. Employees must flex their hours within the same workweek and such schedule shall not result in overtime or compensatory time. This section is intended to address occasional or intermittent changes to employee schedules. An example of flex time would be an employee who works an extra hour on Tuesday could leave an hour early on Friday. This employee would enter actual hours worked into the payroll system. Employees whose regularly scheduled lunch break is one (1) hour can flex up to thirty (30) minutes of their lunch break. Employees whose regularly scheduled lunch break is thirty (30) minutes must take their break or be compensated at the appropriate rate. (g) Holiday Time. Management and professional staff shall receive a full day of time off without loss of compensation for each holiday observed by the City on the day the City observes the holiday and one additional floating holiday. Holidays observed by the City are: New Year ’s Day Martin Luther King’s Birthday President’s Day Memorial Day Juneteenth Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas In addition, similar time off without loss of compensation is granted for any other holiday which the City Council takes specific official action to observe. (h) Vacation. (1) Vacation Leave. Management and professional staff shall be granted vacation time off without loss of compensation based upon years of employment in management or professional position(s) as follows: through 2 full years 15 days (120 hours) through 5 full years 20 days (160 hours) after 5 full years and thereafter 25 days (200 hours) Upon hire and with the approval of the Mayor, the vacation leave time granted a new staff member may be set at twenty (20) days or if a current City employee at twenty-five (25) days unless otherwise approved by City Council. (2) Vacation Availability—Adjustment at Hire or Separation. Annual vacation leave is granted in full on January 1 of each calendar year; however, a pro rata increase shall accrue on the employee’s anniversary date in the year the employee qualifies for a larger vacation benefit. Management and professional staff who are hired or who separate from employment with the City within a budget year receive vacation days on a pro-rated basis which covers the time of employment. (3) Vacation Eligibility. Vacation time is taken in segments of one (1) whole day or more for exempt employees and quarter-hour increments for non-exempt employees. Vacation leave available to a management or professional staff member at the beginning of a vacation leave is to be sufficient to cover any vacation time to be taken. (4) Maximum Unused Vacation. The maximum vacation time that shall be allowed to carry forward from one (1) calendar year to the next is as follows: Years of Continuous Employment Maximum Balance 0 through 5 years 20 days (160 hours) more than 5 years 30 days (240 hours) In the event a management or professional staff member has not reduced his or her vacation balance to the maximum allowable carryover at the end of a calendar year, excessive days are forfeited unless the Mayor grants an extension of time beyond the end of the calendar year during which all vacation days which exceed the maximum allowable carryover are to be taken. (5) Vacation Pay-Out. Upon separation from City employment, unused vacation time will be paid to the management or professional staff member in a cash payment as follows: i. Prorated Adjustment. Vacation time balance accrued during the year of separation and adjusted pursuant to subsection (c)(2) of this section; plus ii. Allowable Carryover Balance. The maximum allowable vacation time carryover established in subsection (c)(4) of this section. Any unused vacation leave exceeding the maximum allowable carryover that has been approved by the Mayor for carryover pursuant to subsection (c)(4) of this section is not eligible for cash out. (i) Sick Leave—Exempt Employees. (1) Accrual. Sick leave is accrued at the rate of twelve (12) full days per year and is proportionately credited to sick leave balances each pay period. (2) Maximum Sick Leave Balance. Sick leave may be accrued to a maximum of one hundred twenty-five (125) days. Upon reaching a maximum of one hundred twenty-five (125) days, no further accrual is added until such time as sick leave time is taken. Accrued sick leave time is provided as a form of self-insured short-term disability coverage and no cash payment for unused sick leave time is made under any circumstances except as set forth in subsections (d)(9) and (10) of this section. (j) Sick Leave—Non-Exempt Employees. (1) Non-exempt employees will accrue ninety-six (96) hours of sick leave annually. Employees will be required to indicate which of the following sick leave banks they are utilizing on their completed leave request/authorization form. Sick leave use requires prior approval whenever possible. (2) Regular Sick Leave Accrual. Non-exempt full-time employees will accrue sick leave at the rate of 2.1667 hours per pay period, including paid holiday, sick leave, vacation and other paid leave time and excluding time for which workers’ compensation time loss benefits are paid. Part-time employees and employees who are on a leave of absence without pay will have their leave pro-rated if they have worked any portion of a pay period at 0.025 for each regular hour worked as outlined above. The maximum annual accrual of non-covered leave will be 52.0008 hours. (3) Accrual Covered under Washington State Paid Sick Leave Law (Chapter 49.46 RCW). Full-time non- exempt employees will accrue sick leave at the rate of 1.8333 hours per pay period, including paid holiday, sick leave, vacation and other paid leave time excluding time for which workers’ compensation time loss benefits are paid. Part-time employees and employees who are on a leave of absence without pay will have their leave pro- rated if they have worked any portion of a pay period at 0.011 for each regular hour worked as outlined above. The maximum annual accrual of covered sick leave will be 43.9992 hours. When Washington State Paid Sick Leave qualifies for Family Medical Leave Act protections it will run concurrently with any leave taken under the FMLA. If the maximum accrual of Washington State Paid Sick Leave accrual exceeds the maximum of 43.9992 hours at the end of the calendar year, the excess hours will be moved to the employee’s regular sick leave bank unless it would cause the employee to exceed the annual maximum combined carryover of one hundred twenty- five (125) days. (4) Sick Leave Use. Sick leave is charged in one (1) day segments for exempt employees and quarter-hour increments for non-exempt employees. Sick leave must be accrued prior to use in order to qualify for paid sick leave time off. Shorter periods of absence due to any of the reasons provided below are administered by the Mayor under subsection (a) of this section and are not charged to sick leave balances for salaried employees. Sick leave is available up to the amount of accrued sick leave balance days and may be used for: i. Temporary disability resulting from personal illness or injury. ii. Providing care for children under the age of eighteen (18) when they have a health condition that requires parental supervision or treatment. iii. Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health personal care or a child’s care, when such care requires parental presence to supervise or authorize treatment. iv. Pursuant to the Family Leave Act, to care for a sick child or other family member (spouse, parent, parent-in-law or grandparent). (5) Notification of Sick Leave Use. A person who is absent or expects to be absent from work due to causes specified in subsection (d)(5) of this section is to promptly notify the City by telephone or otherwise by 9:00 a.m., if possible, of the day of their scheduled work day. (6) Sick Leave During Authorized Paid Leave. A person who becomes ill or is injured during paid vacation may request the conversion of the vacation leave to sick leave with pay by promptly notifying the City of the illness or injury and providing such information as is required by the City to verify the appropriateness of such a conversion. (7) Sick Leave Documentation and Approval. Within three (3) days after returning to work, a person who has been absent on sick leave is to submit such forms and provide such information as is required by the City to approve the payment of sick leave. The Mayor may require a person to demonstrate that the employee has sought treatment or require other verification needed to assure that the person is fit for duty or as needed to approve paid sick leave for the absence. (8) Sick Leave Incentive for Exempt and Non-Exempt Employees. Anyone who takes two (2) days or less of regular (not Washington State) sick leave in a full calendar year shall have one (1) day added to their vacation leave balance at the beginning of the following calendar year. (9) Sick Leave Retirement Payment for Exempt and Non-Exempt Employees. An employee who retires from City service on a PERS or LEOFF service or disability retirement shall be provided a sick leave retirement payment at thirty-five (35) percent of the employee’s accrued and unused sick leave hours to a maximum of thirty-five (35) percent of nine hundred sixty (960) hours (a maximum total of three hundred thirty-six (336) hours). The payment will be made to the employee at the employee’s regular hourly wage rate in effect at the time of retirement. (10) Payment of Sick Leave Upon Death for Exempt and Non-Exempt Employees. In the event of the death of an employee, the employee’s estate shall be paid for the total accrued and unused sick leave hours at the employee’s regular hourly wage rate in effect at the time of death. (k) Bereavement Leave. Three (3) days of bereavement leave are allowed for attending funerals in the State of Washington and five (5) days for attending out of State funerals upon the death of a member of the immediate family. The first three (3) days of time off for bereavement leave will be compensated at the employee’s current salary. The additional two (2) days of time off for bereavement leave shall be charged against the employee’s vacation, floating holiday, sick leave or compensatory time leave balance at the option of the employee. Immediate family is defined as spouse, State registered domestic partner, child, stepchild, mother, father, step-parents, mother/father in-law, brother, sister, brother/sister in-law, grandparents and grandchildren of both an employee and their spouse. (l) Jury Duty, Witness Leave. Leave of absence with pay for the purpose of reporting to jury duty or if subpoenaed as a witness for the City is provided. Any juror or witness fees received by a person for the performance of such duties shall be assigned to the City. (m) Military Leave. A leave of absence with pay for a period not to exceed twenty-one (21) working days is granted for the purpose of responding to training orders as a member of the organized military reserves of the United States or of the State of Washington. (n) Administrative Leave. The Mayor may place any management or professional staff member on paid administrative leave for up to thirty (30) working days under circumstances which make it appropriate that the person be absent from the workplace during the investigation, resolution or pendency of procedures appropriate to the circumstances involving the management or professional staff member. The Mayor may place other lawful conditions upon the person on administrative leave as are deemed appropriate by the Mayor. (o) Leave of Absence. A leave of absence without compensation may be granted by the Mayor for a period of up to thirty (30) working days and may be subsequently extended with the approval of the City Council. Any leave of absence greater than thirty (30) days will be without compensation and benefits unless required by law. (Ord. 5470 §1, 2023; Ord. 5457 §1, 2022; Ord. 5425 § 2, 2021; Ord. 5210 §2, 2013: Ord. 5074 §1, 2009; Ord. 4551, Amended, 05/23/1996; Ord. 4305 §1 (in part), 1991) 2.50.050 SUPPLEMENTAL RETIREMENT PROGRAM PLAN. The City will contribute a total of four (4) percent of gross salary to options selected by each person from City deferred compensation and/or tax exempt benefits made available through approved City policies. (Ord. 5470 §1, 2023; Ord. 5457 §1, 2022; Ord. 5443 §1, 2021; Ord. 4305 §1 (in part), 1991) 2.50.060 RETIREMENT BENEFITS. Each management or professional staff member covered by this program will be enrolled in the Federal OASDI and/or State of Washington LEOFF I or II, or PERS I, II or III, or PSERS retirement system for which the employee qualifies. Contributions to the respective retirement systems by the City and by each employee will be made in conformance with Federal FICA laws and State retirement laws. (Ord. 5470 §1, 2023; Ord. 5457 §1, 2022; Ord. 5210 §4, 2013: Ord. 4305 §1 (in part), 1991) 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. (a) A management or professional staff member covered by this program and who qualifies for and is a member of the LEOFF I or II, and PERS I, II or III State Retirement Systems has the same medical and dental insurance plans, coverages and premium payments made available to the employee as are granted to the represented employees employed in their department who are included in that particular system. A management or professional staff member who can provide documentation of alternative medical insurance coverage may elect to receive a medical stipend in lieu of medical coverage in the same amount that is made available to represented employees included in the same retirement system in which they belong. The City will pay one hundred (100) percent of the cost of coverage for employees and dependents for vision coverage provided through the Association of Washington Cities. (b) The City will offer short-term disability insurance coverage to management and professional employees on a voluntary basis, which will be paid by the employee through payroll deduction. (Ord. 5470 §1, 2023; Ord. 5457 §1, 2022; Ord. 5210 §3, 2013: Ord. 4984 §4, 2006: Ord. 4305 §1 (in part), 1991) 2.50.080 WORKERS’ COMPENSATION. Each management and professional staff member shall receive such workers’ compensation benefits as are provided by the City pursuant to State laws. A management or professional staff member who incurs a work-related illness or injury and who qualifies to receive workers’ compensation benefits shall be allowed to use accrued sick leave to supplement the workers’ compensation benefits so as to provide the same salary the employee would have received for full-time active service, taking into account that workers’ compensation payments are not subject to federal or Social Security taxes. In no event shall the combination of workers’ compensation and sick leave exceed the amount of an employee’s regular salary at any time of the disability period. (Ord. 5470 §1, 2023; Ord. 5457 §1, 2022; Ord. 4305 §1 (in part), 1991) 2.50.090 SEVERANCE PAY. Unless otherwise provided pursuant to the City Charter, ordinance, or civil service rule or regulation as applicable, a management or professional staff member may be separated from employment without cause ("at will") from a position included in this program upon receiving thirty (30) calendar days’ written notice of separation or pay in lieu of all or part of said notice. A person so separated shall not have the right to displace any other person employed by the City by virtue of employment in a management or professional position. The person so separated shall receive severance pay upon separation based upon years of employment with the City as follows: (a) Through two (2) full years of employment: two (2) months’ severance pay. (b) Through five (5) full years of employment: two and one-half (2.5) months’ severance pay. (c) Over five (5) years of employment: three (3) months’ severance pay. (Ord. 5470 §1, 2023; Ord. 5457 §1, 2022; Ord. 4810, Amended, 09/14/2002; Ord. 4305 §1 (in part), 1991) Web Version PAY SALARY BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8 26 MONTH 14,695.50 15,439.52 15,825.50 16,221.14 16,626.68 17,042.34 17,468.42 17,905.14 SEMI-MONTH 7,347.75 7,719.76 7,912.75 8,110.57 8,313.34 8,521.17 8,734.21 8,952.57 ANNUAL 176,346.00 185,274.24 189,906.00 194,653.68 199,520.16 204,508.08 209,621.04 214,861.68 SEMI-MO DEF COMP 293.91 308.79 316.51 324.42 332.53 340.85 349.37 358.10 25 MONTH 13,987.42 14,695.50 15,063.04 15,439.52 15,825.50 16,221.14 16,626.68 17,042.34 SEMI-MONTH 6,993.71 7,347.75 7,531.52 7,719.76 7,912.75 8,110.57 8,313.34 8,521.17 ANNUAL 167,849.04 176,346.00 180,756.48 185,274.24 189,906.00 194,653.68 199,520.16 204,508.08 SEMI-MO DEF COMP 279.75 293.91 301.26 308.79 316.51 324.42 332.53 340.85 24 MONTH 13,313.40 13,987.42 14,337.06 14,695.50 15,063.04 15,439.52 15,825.50 16,221.14 SEMI-MONTH 6,656.70 6,993.71 7,168.53 7,347.75 7,531.52 7,719.76 7,912.75 8,110.57 ANNUAL 159,760.80 167,849.04 172,044.72 176,346.00 180,756.48 185,274.24 189,906.00 194,653.68 SEMI-MO DEF COMP 266.27 279.75 286.74 293.91 301.26 308.79 316.51 324.42 23 CITY ATTORNEY MONTH 12,671.94 13,313.40 13,646.28 13,987.42 14,337.06 14,695.50 15,063.04 15,439.52 FIRE CHIEF SEMI-MONTH 6,335.97 6,656.70 6,823.14 6,993.71 7,168.53 7,347.75 7,531.52 7,719.76 POLICE CHIEF ANNUAL 152,063.28 159,760.80 163,755.36 167,849.04 172,044.72 176,346.00 180,756.48 185,274.24 SEMI-MO DEF COMP 253.44 266.27 272.93 279.75 286.74 293.91 301.26 308.79 22 ASSISTANT FIRE CHIEF MONTH 12,061.30 12,671.94 12,988.74 13,313.40 13,646.28 13,987.42 14,337.06 14,695.50 DIRECTOR OF FINANCIAL SERVICES SEMI-MONTH 6,030.65 6,335.97 6,494.37 6,656.70 6,823.14 6,993.71 7,168.53 7,347.75 DIRECTOR OF PUBLIC WORKS & UTILITIES ANNUAL 144,735.60 152,063.28 155,864.88 159,760.80 163,755.36 167,849.04 172,044.72 176,346.00 SEMI-MO DEF COMP 241.23 253.44 259.77 266.27 272.93 279.75 286.74 293.91 21 DIRECTOR OF COMMUNITY DEVELOPMENT MONTH 11,480.16 12,061.30 12,362.84 12,671.94 12,988.74 13,313.40 13,646.28 13,987.42 SEMI-MONTH 5,740.08 6,030.65 6,181.42 6,335.97 6,494.37 6,656.70 6,823.14 6,993.71 ANNUAL 137,761.92 144,735.60 148,354.08 152,063.28 155,864.88 159,760.80 163,755.36 167,849.04 SEMI-MO DEF COMP 229.60 241.23 247.26 253.44 259.77 266.27 272.93 279.75 20 CITY ENGINEER MONTH 10,927.02 11,480.16 11,767.14 12,061.30 12,362.84 12,671.94 12,988.74 13,313.40 DIRECTOR OF PARKS & RECREATION SEMI-MONTH 5,463.51 5,740.08 5,883.57 6,030.65 6,181.42 6,335.97 6,494.37 6,656.70 ANNUAL 131,124.24 137,761.92 141,205.68 144,735.60 148,354.08 152,063.28 155,864.88 159,760.80 SEMI-MO DEF COMP 218.54 229.60 235.34 241.23 247.26 253.44 259.77 266.27 19 MONTH 10,400.48 10,927.02 11,200.18 11,480.16 11,767.14 12,061.30 12,362.84 12,671.94 SEMI-MONTH 5,200.24 5,463.51 5,600.09 5,740.08 5,883.57 6,030.65 6,181.42 6,335.97 ANNUAL 124,805.76 131,124.24 134,402.16 137,761.92 141,205.68 144,735.60 148,354.08 152,063.28 SEMI-MO DEF COMP 208.01 218.54 224.00 229.60 235.34 241.23 247.26 253.44 18 ASSISTANT CITY ATTORNEY III MONTH 9,899.30 10,400.48 10,660.46 10,927.02 11,200.18 11,480.16 11,767.14 12,061.30 HUMAN RESOURCE MANAGER SEMI-MONTH 4,949.65 5,200.24 5,330.23 5,463.51 5,600.09 5,740.08 5,883.57 6,030.65 INFORMATION TECHNOLOGY MANAGER ANNUAL 118,791.60 124,805.76 127,925.52 131,124.24 134,402.16 137,761.92 141,205.68 144,735.60 MANAGING ENGINEER - DEVELOPMENT SEMI-MO DEF COMP 197.99 208.01 213.21 218.54 224.00 229.60 235.34 241.23 MANAGING ENGINEER - TRANSPORTATION MANAGING ENGINEER - UTILITIES 17 CITY AUDITOR MONTH 9,422.34 9,899.30 10,146.78 10,400.48 10,660.46 10,927.02 11,200.18 11,480.16 SEMI-MONTH 4,711.17 4,949.65 5,073.39 5,200.24 5,330.23 5,463.51 5,600.09 5,740.08 ANNUAL 113,068.08 118,791.60 121,761.36 124,805.76 127,925.52 131,124.24 134,402.16 137,761.92 SEMI-MO DEF COMP 188.45 197.99 202.94 208.01 213.21 218.54 224.00 229.60 CITY OF BREMERTON MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2024 General Wage Adjustment 2.50% - Effective 1-1-24 PAY SALARY BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8 CITY OF BREMERTON MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2024 General Wage Adjustment 2.50% - Effective 1-1-24 16 ASSISTANT CITY ATTORNEY II MONTH 8,968.32 9,422.34 9,657.84 9,899.30 10,146.78 10,400.48 10,660.46 10,927.02 ASSISTANT FINANCE DIRECTOR SEMI-MONTH 4,484.16 4,711.17 4,828.92 4,949.65 5,073.39 5,200.24 5,330.23 5,463.51 CITY PROSECUTOR ANNUAL 107,619.84 113,068.08 115,894.08 118,791.60 121,761.36 124,805.76 127,925.52 131,124.24 ENGINEERING PROJECT MANAGER-CAPITAL SEMI-MO DEF COMP 179.37 188.45 193.16 197.99 202.94 208.01 213.21 218.54 ENGINEERING PROJECT MANAGER-TRANS. FORESTRY MANAGER INTERNAL SERVICES MANAGER PLANNING MANAGER PUBLIC WORKS OPERATIONS MANAGER RISK MANAGER UTILITY/FACILITIES MANAGER WASTEWATER MANAGER WATER RESOURCE MANAGER 15 ASSET MANAGER MONTH 8,536.16 8,968.32 9,192.52 9,422.34 9,657.84 9,899.30 10,146.78 10,400.48 BUILDING OFFICIAL SEMI-MONTH 4,268.08 4,484.16 4,596.26 4,711.17 4,828.92 4,949.65 5,073.39 5,200.24 COURT ADMINISTRATOR ANNUAL 102,433.92 107,619.84 110,310.24 113,068.08 115,894.08 118,791.60 121,761.36 124,805.76 SEMI-MO DEF COMP 170.72 179.37 183.85 188.45 193.16 197.99 202.94 208.01 14 ASSISTANT CITY ATTORNEY I MONTH 8,124.86 8,536.16 8,749.54 8,968.32 9,192.52 9,422.34 9,657.84 9,899.30 ASSISTANT CITY PROSECUTOR II SEMI-MONTH 4,062.43 4,268.08 4,374.77 4,484.16 4,596.26 4,711.17 4,828.92 4,949.65 EQUITY, DIVERSITY, INCLUS MANAGER ANNUAL 97,498.32 102,433.92 104,994.48 107,619.84 110,310.24 113,068.08 115,894.08 118,791.60 PARKS OPERATIONS MANAGER SEMI-MO DEF COMP 162.50 170.72 174.99 179.37 183.85 188.45 193.16 197.99 PW&U FINANCIAL MANAGER 13 CITY CLERK MONTH 7,733.34 8,124.86 8,327.94 8,536.16 8,749.54 8,968.32 9,192.52 9,422.34 SEMI-MONTH 3,866.67 4,062.43 4,163.97 4,268.08 4,374.77 4,484.16 4,596.26 4,711.17 ANNUAL 92,800.08 97,498.32 99,935.28 102,433.92 104,994.48 107,619.84 110,310.24 113,068.08 SEMI-MO DEF COMP 154.67 162.50 166.56 170.72 174.99 179.37 183.85 188.45 12 BUDGET ANALYST MONTH 7,360.74 7,733.34 7,926.70 8,124.86 8,327.94 8,536.16 8,749.54 8,968.32 CDBG ADMINISTRATOR SEMI-MONTH 3,680.37 3,866.67 3,963.35 4,062.43 4,163.97 4,268.08 4,374.77 4,484.16 RISK MANAGEMENT SPECIALIST ANNUAL 88,328.88 92,800.08 95,120.40 97,498.32 99,935.28 102,433.92 104,994.48 107,619.84 SEMI-MO DEF COMP 147.21 154.67 158.53 162.50 166.56 170.72 174.99 179.37 11 CONTRACTS ADMINISTRATOR MONTH 7,223.52 7,360.74 7,544.66 7,733.34 7,926.70 8,124.86 8,327.94 8,536.16 EXECUTIVE ASSISTANT SEMI-MONTH 3,611.76 3,680.37 3,772.33 3,866.67 3,963.35 4,062.43 4,163.97 4,268.08 LEGISLATIVE ASSISTANT ANNUAL 86,682.24 88,328.88 90,535.92 92,800.08 95,120.40 97,498.32 99,935.28 102,433.92 PARALEGAL SEMI-MO DEF COMP 144.47 147.21 150.89 154.67 158.53 162.50 166.56 170.72 PARKS PRESERVATION DEVELOPMENT MGR PUBLIC ACCESS MANAGER PUBLIC WORKS & UTILITY FISCAL ANALYST SENIOR PLANNER 10 ADMINISTRATIVE PROJECT MANAGER MONTH 6,668.42 7,006.06 7,181.20 7,360.74 7,544.66 7,733.34 7,926.70 8,124.86 ASSISTANT CITY PROSECUTOR I SEMI-MONTH 3,334.21 3,503.03 3,590.60 3,680.37 3,772.33 3,866.67 3,963.35 4,062.43 ASSISTANT COURT ADMINISTRATOR ANNUAL 80,021.04 84,072.72 86,174.40 88,328.88 90,535.92 92,800.08 95,120.40 97,498.32 HUMAN RESOURCES ANALYST II SEMI-MO DEF COMP 133.37 140.12 143.62 147.21 150.89 154.67 158.53 162.50 9 MONTH 6,347.10 6,668.42 6,835.16 7,006.06 7,181.20 7,360.74 7,544.66 7,733.34 SEMI-MONTH 3,173.55 3,334.21 3,417.58 3,503.03 3,590.60 3,680.37 3,772.33 3,866.67 ANNUAL 76,165.20 80,021.04 82,021.92 84,072.72 86,174.40 88,328.88 90,535.92 92,800.08 SEMI-MO DEF COMP 126.94 133.37 136.70 140.12 143.62 147.21 150.89 154.67 PAY SALARY BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8 CITY OF BREMERTON MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2024 General Wage Adjustment 2.50% - Effective 1-1-24 8 BKAT PRODUCTION ADMINISTRATOR MONTH 6,041.28 6,347.10 6,505.74 6,668.42 6,835.16 7,006.06 7,181.20 7,360.74 COUNCIL/AUDITOR ASSISTANT SEMI-MONTH 3,020.64 3,173.55 3,252.87 3,334.21 3,417.58 3,503.03 3,590.60 3,680.37 HUMAN RESOURCES ANALYST I ANNUAL 72,495.36 76,165.20 78,068.88 80,021.04 82,021.92 84,072.72 86,174.40 88,328.88 SEMI-MO DEF COMP 120.83 126.94 130.11 133.37 136.70 140.12 143.62 147.21 7 MONTH 5,750.10 6,041.28 6,192.28 6,347.10 6,505.74 6,668.42 6,835.16 7,006.06 SEMI-MONTH 2,875.05 3,020.64 3,096.14 3,173.55 3,252.87 3,334.21 3,417.58 3,503.03 ANNUAL 69,001.20 72,495.36 74,307.36 76,165.20 78,068.88 80,021.04 82,021.92 84,072.72 SEMI-MO DEF COMP 115.00 120.83 123.85 126.94 130.11 133.37 136.70 140.12 6 MONTH 5,473.04 5,750.10 5,893.92 6,041.28 6,192.28 6,347.10 6,505.74 6,668.42 SEMI-MONTH 2,736.52 2,875.05 2,946.96 3,020.64 3,096.14 3,173.55 3,252.87 3,334.21 ANNUAL 65,676.48 69,001.20 70,727.04 72,495.36 74,307.36 76,165.20 78,068.88 80,021.04 SEMI-MO DEF COMP 109.46 115.00 117.88 120.83 123.85 126.94 130.11 133.37 5 LEGAL ASSISTANT II - CIVIL MONTH 5,209.38 5,473.04 5,609.94 5,750.10 5,893.92 6,041.28 6,192.28 6,347.10 LEGAL ASSISTANT II - PROSECUTION SEMI-MONTH 2,604.69 2,736.52 2,804.97 2,875.05 2,946.96 3,020.64 3,096.14 3,173.55 ANNUAL 62,512.56 65,676.48 67,319.28 69,001.20 70,727.04 72,495.36 74,307.36 76,165.20 SEMI-MO DEF COMP 104.19 109.46 112.20 115.00 117.88 120.83 123.85 126.94 4 LEGAL ASSISTANT I MONTH 4,958.30 5,209.38 5,339.58 5,473.04 5,609.94 5,750.10 5,893.92 6,041.28 PUBLIC RECORDS/LEGAL ASSISTANT I SEMI-MONTH 2,479.15 2,604.69 2,669.79 2,736.52 2,804.97 2,875.05 2,946.96 3,020.64 ANNUAL 59,499.60 62,512.56 64,074.96 65,676.48 67,319.28 69,001.20 70,727.04 72,495.36 SEMI-MO DEF COMP 99.17 104.19 106.79 109.46 112.20 115.00 117.88 120.83 3 MONTH 4,722.24 4,958.30 5,082.32 5,209.38 5,339.58 5,473.04 5,609.94 5,750.10 SEMI-MONTH 2,361.12 2,479.15 2,541.16 2,604.69 2,669.79 2,736.52 2,804.97 2,875.05 ANNUAL 56,666.88 59,499.60 60,987.84 62,512.56 64,074.96 65,676.48 67,319.28 69,001.20 SEMI-MO DEF COMP 94.44 99.17 101.65 104.19 106.79 109.46 112.20 115.00 2 MONTH 4,497.42 4,722.24 4,840.30 4,958.30 5,082.32 5,209.38 5,339.58 5,473.04 SEMI-MONTH 2,248.71 2,361.12 2,420.15 2,479.15 2,541.16 2,604.69 2,669.79 2,736.52 ANNUAL 53,969.04 56,666.88 58,083.60 59,499.60 60,987.84 62,512.56 64,074.96 65,676.48 SEMI-MO DEF COMP 89.95 94.44 96.81 99.17 101.65 104.19 106.79 109.46 1 VIDEO SPECIALIST MONTH 4,283.22 4,497.42 4,609.82 4,722.24 4,840.30 4,958.30 5,082.32 5,209.38 SEMI-MONTH 2,141.61 2,248.71 2,304.91 2,361.12 2,420.15 2,479.15 2,541.16 2,604.69 ANNUAL 51,398.64 53,969.04 55,317.84 56,666.88 58,083.60 59,499.60 60,987.84 62,512.56 SEMI-MO DEF COMP 85.66 89.95 92.20 94.44 96.81 99.17 101.65 104.19 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 28, 2024 Presentation on 2024 Comprehensive Plan Updated Schedule and Review Opportunities COUNCIL MEETING Date: September 4, 2024 Department: DCD Presenter: G. Jackson Phone: (360) 473-5289 SUMMARY: The City Council kick-off meeting for the 2024 Comprehensive Plan update is intended to familiarize the Council with the adjusted Comprehensive Plan schedule and review opportunities. From this point, Council with receive monthly installments of material related to the Comprehensive Plan in order to take public comment and provide Staff with feedback. The attached Staff Memo will provide Council with a status update on work completed, work in progress, and an updated schedule for Comprehensive Plan adoption. ATTACHMENTS: Staff Memo FISCAL IMPACTS: The State mandated Comprehensive Plan Update is a work item that is part of the Department of Community Development Staffing Plan. STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Informational only. No motion is required. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/09/2021 6B To: City Council From: Garrett Jackson Date: September 4. 2024 Subject: Comprehensive Plan Update Review SUMMARY The City Council kick-off meeting for the 2024 Comprehensive Plan update is intended to familiarize the Council with the adjusted Comprehensive Plan schedule and review opportunities. From this point, Council will receive monthly installments of material related to the Comprehensive Plan in order to take public comment and provide Staff with feedback. The following information will provide Council with a status update on work completed, work in progress, and an updated schedule for Comprehensive Plan adoption. BACKGROUND The Comprehensive Plan update is required by the Washington State Growth Management Act (GMA) in order to demonstrate that Bremerton has the capacity to absorb population and employment increases forecast to the year 2044. Population estimates indicate that the City will grow to 63,757 persons and 58,258 jobs by 2044; this means the City is forecast to increase its population by over 46%, with a 32% increase in the number of jobs. Forecasted population and job numbers have been adopted by the Kitsap Regional Coordinating Council (KRCC) and individual jurisdictions within Kitsap County. Comprehensive planning is a “macro” process meant to ensure State, Regional, and local planning objectives can be met. At a State level, the GMA dictates what criteria needs to be considered with the Comprehensive Plan update. The adjacent figure illustrates the 15 goals adopted by GMA that jurisdictions must consider with their Comprehensive Plans. Council will note that these goals are not ranked, so application of these goals may vary by jurisdiction. Regionally, the City plans cooperatively with the Puget Sound Regional Council (PSRC), which includes all jurisdictions within King, Snohomish, Pierce, and Kitsap County. PSRC’s guiding document Vision 2050 contains a framework of goals and policies meant to coordinate development in PSRC participating jurisdictions. Once all functional plans are complete, and reviewed by the Planning Commission, PSRC will review and certify that the City’s 2024 Comprehensive Plan conforms with PSRC Vision 2050. The City also plans jointly with the DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM GMA Goals (RCW 36.70A.020) Urban growth Reduce Sprawl Transportation Housing Economic development Property rights Permits Application Natural resource industries Open space and recreation Environment Citizen participation and coordination Public facilities and services Historic preservation Climate change and resiliency Shoreline management Memo Comprehensive Plan  Page 2 Kitsap Regional Coordinating Council (KRCC), which is also comprised of all jurisdictions within Kitsap County, Kitsap Transit, the Navy, Tribes, and Ports. KRCC jurisdictions adopt Countywide Planning Policies that are the framework for growth management in Kitsap County. The Comprehensive Plan must conform to GMA, PSRC, and KRCC requirements . COMPREHENSIVE PLAN PROCESS UPDATE The Planning Commission has been working diligently to review draft documents for the Comprehensive Plan; Planning Commission meeting packets, and videos from individual meetings, are available at Bremerton2044.com. A revised work schedule for the Comprehensive Plan was reviewed by the Planning Commission at the June Workshop, with a revised adoption date expected early in the 2nd quarter of 2025; please see the revised schedule in the adjacent image. The information below will provide the Council with information relevant to each element of the Comprehensive Plan, and estimated dates for review by the Council. If the reader is interested in additional detail for any given element, please visit Bremerton2044.com for more information. These summaries are introductory in nature, with greater specificity to be provided at scheduled Council meetings related to individual elements. State Environmental Policy Act. The State Environmental Policy Act (SEPA) process identifies and analyzes environmental impacts associated with governmental decisions. As development resulting from the Comprehensive Plan update is likely to have significant adverse environmental impacts, an Environmental Impact Statement (EIS) is being prepared.  EIS Scoping. The first step in the EIS process is scoping; scoping provides notice to the public and other agencies and requests their involvement. The purpose of Comprehensive Plan scoping is to narrow the focus of the EIS to analyze where forecasted population/job increases should be located in the City. The EIS Scoping notice was issued in December of 2023, and the comment period ended January 7, 2024. Through this process, the public convincingly responded that forecasted population and job increases should be absorbed within Land Use Centers and existing commercial areas.  DEIS. The Draft Environmental Impact Statement (DEIS) presents an environmental analysis of EIS alternatives under consideration and requests that the public provide comment on the adequacy of presented plans. The DEIS is expected to be released in the fall for public comment, and a Final Environmental Impact Statement (FEIS) released in 2025. Memo Comprehensive Plan  Page 3 Land Use Element. The Land Use element provides the City’s development strategy to absorb forecasted increases in population and jobs. The City Council last reviewed proposed land use measures at the February 7, 2024 City Council Meeting. The City growth strategy for the 2024 Comprehensive Plan was relayed at that meeting, as well as review of the Vision, Goals, and Policies of every element of the plan; a video of that presentation is provided on the Bremerton2044.com webpage. The proposed central focus of the Comprehensive Plan growth strategy is to locate forecasted population and job increases within the PSRC designated Downtown Regional Growth Center. As relayed in the adjacent Vision 2050 passage, Regional Growth Centers are expected to absorb growth in order to meet regional goals for housing, the environment, and equity. Feedback provided by the City Council was communicated to the Planning Commission at the June 17, 2024 Planning Commission Workshop where a complete draft of the updated Comprehensive Plan Vision, Goals, and Policies was reviewed. That completed draft document is now receiving a preliminary review from staff at PSRC to streamline the formal PSRC review that will occur at a later date. The City Council is scheduled to review the Land Use element, including proposed changes to the Downtown Regional Center, at the September 18th regular Council meeting. Housing Element. The Puget Sound Regional Council (PSRC) housing strategy includes three basic elements: Supply, Stability, and Subsidy. This means that the Supply of housing (and different housing types) needs to increase, Stability of housing assures residents live in housing that meets their needs, and housing Subsidy programs are needed to support low-income and unhoused populations. This element of the Comprehensive Plan will demonstrate how the growth strategy of the Land Use element also promotes the creation of housing types that serve all income levels; this includes items like changes in development standards, density, and housing types. This effort is being replicated by all KRCC jurisdictions to ensure equitable planning across jurisdictions. The adjacent image illustrates KRCC adopted “The Regional Growth Strategy has an ambitious goal of attracting 65% of population growth to the region’s growth centers and high-capacity transit station areas, leveraging unprecedented investments to expand public transit throughout the region. Focusing growth in these areas provides people with greater mobility options and increases access to jobs, schools, and services. Connecting people to jobs, services and transit shortens commutes, reduces pollution, and gives people more time to spend with their families.” Puget Sound Regional Council Vision 2050 Memo Comprehensive Plan  Page 4 housing allocations reflecting how many housing units will be needed to support each income band. The Housing appendix has been completed and will be reviewed by the Planning Commission at the September Planning Commission meeting. More information on the Housing element is provided at Bremerton2044.com, including an informative 8-minute video discussing the Root Causes of Homelessness. The City Council is scheduled to review the Housing element at the October 16th regular Council meeting. Economic Development Element. This element of the Comprehensive Plan provides information on the local economy and relays how the City encourages economic development. Of particular note to the economy in Bremerton, is the ratio of employment provided by the Federal Government. As seen in the adjacent image, even among our peer cities that host military installations, the percentage of federal employment is far greater as a percentage of overall employment in Kitsap County. Economic activity originating from Naval Base Kitsap (NBK) will likely only increase as the Navy increases local investment through the ongoing Shipyard Infrastructure Optimization Program (SIOP). The Kitsap economy, however, does not have an equitable distribution of opportunity throughout the County. PSRC provides an Opportunity Index that measures availability of education, economic health, housing and neighborhood quality, mobility and transportation, and health and environment. As seen in the adjacent image, Bremerton has the highest concentration of lack of opportunity in Kitsap County. The findings of the PSRC Opportunity Index are buttressed by US Census data indicating that 14.8% of Bremerton residents live in poverty, as opposed to 8.3% of Kitsap County residents living in poverty. Additional information on Bremerton’s economy is available at Bremerton2044.com. Outreach efforts for the Comprehensive Plan have included the Greater Kitsap Chamber of Commerce, Kitsap Economic Development Alliance (KEDA), Kitsap Building Association (KBA), Downtown Bremerton Association (DBA), Charleston Business District (CBD), and t he Manette Business Association (MBA). The City Council is scheduled to review the Economic Development element at the November 6th regular Council meeting. Memo Comprehensive Plan  Page 5 Environmental Element. Bremerton has a vital interest in preserving its natural beauty and ensuring long -term environmental health. Washington State continues to be a leader on climate change regulations. Per RCW 70A.45.020, Greenhouse Gas Emission (GGE) shall be 45% below 1990 levels by 2030, 70% below 1990 levels by 2040, and 95% below 1990 levels and net-zero carbon emissions by 2050. The Comprehensive Plan has new sections for climate change required, however, per HB 1181 deadlines for Greenhouse Gas Emissions updates aren’t required to be adopted until 2029. The Planning Commission reviewed the most current climate change information at the April 17, 2023 Planning Commission Workshop, including the two listed documents below. June 2020 Kitsap County Climate Change Resiliency Assessment, and August 2022 Kitsap County Communitywide Geographic Greenhouse Gas Emissions Analysis The Shoreline Master Program (SMP) and Critical Areas Ordinance (CAO) were last updated in 2021 to include Best Available Science, as required by RCW 36.70A.172. In 2023 State Legislators (HB 1544) revised deadlines for Kitsap County jurisdictions major SMP updates to June 30, 2029 (RCW 90.58.080). That being said, the City Council should expect to see proposed changes to critical area regulations to consider in 2025. The City Council is scheduled to review the Environmental Element at the November 20th regular Council meeting. Transportation & City Services Element. Functional plans for City drinking water, stormwater, wastewater, and transportation will each be adopted by reference with the Comprehensive Plan, with details from each plan adding to potential capital facility improvements through the year 2044.  Drinking Water. The 2020 Water System Plan has already been adopted by Council, and will be adopted by reference in the City Services section of the Comprehensive Plan. The plan describes the existing water system, future demand, water efficiency program, and recommended capital improvements.  Stormwater. The May 2023 Stormwater Comprehensive Plan has already been adopted by Council, and will be adopted by reference in the City Services section of the Comprehe nsive Plan. The Plan describes the City’s stormwater infrastructure system, natural environment, regulatory context, financial status, and management plan for the City’s Stormwater Ut ility.  Wastewater. The 2014 Wastewater Comprehensive Plan is in the process of being updated to demonstrate capacity to support future population and employment growth. Bremerton provides sewer service to West Bremerton, East Bremerton, and surrounding areas of unincorporated Kitsap County. Bremerton also receives sewer flows from Naval Base Kitsap, and Kitsap County Sewer District No. 1 (KCSD No. 1) in West Bremerton. Public Works Staff will continue to keep Council apprised through the Public Works Committee. The City Council is scheduled to review the City Services element in January of 2025.  Transportation. The transportation network modeling effort is complete for existing conditions within the future 6-year and 20-year planning horizons. Staff are developing a concurrency project list based on the model results; this task includes a project description (mitigation) and a planning level cost estimate. Work for the Active Transportation Plan is ongoing. Currently there is an opportunity for the public to comment on proposed Pedestrian and Memo Comprehensive Plan  Page 6 Bicycle Network Webmap; here is a link to Public Comment available August 19th through September 8th at Bremerton2044.com. Public Works Staff will continue to keep Council apprised through the Public Works Committee. The City Council is scheduled to review the Transportation element in January of 2025. SUMMARY As the Planning Commission continues to complete review for individual elements of the Comprehensive Plan, the City Council will receive regular updates and opportunities to comment. Council should receive public comment and provide Staff with feedback on the 2024 Comprehensive Plan schedule. Purpose of Conversation The purpose of this meeting is to familiarize the Council with the adjusted Comprehensive Plan schedule and future review opportunities. 2 Review 3 What is the Comprehensive Plan? 20-year Development Plan •Land Use •Housing •Economic Development •Environment •Transportation •City Services 4 Growth Management Act (GMA) Comprehensive Planning 5 Comprehensive Plan Process: Growth Management Act (RCW 36.70A): Plan for growth Puget Sound Regional Council (PSRC): Plan for growth regionally Kitsap Regional Coordinating Council (KRCC): Ensure GMA is met at a Countywide level through Countywide Planning Policies (CPPs) Population estimates indicate that the City will grow to 63,757 persons and 58,258 jobs by 2044. This represents a population increase over 46%, with a 32% increase in the number of jobs. PSRC Regional Growth Centers 6 Land Use September 18 Council Meeting 7 Growth Summary Downtown Subarea Plan: 80-foot maximum height, no maximum density General Commercial & High Density Residential: 65-foot height limit Bay Vista Subarea Plan, Village Commercial: Permit mixed-uses Medium Density Residential: 45-foot height limit, Multifamily use 8 Bremerton2044.com Status Update Comprehensive Plan Vision, Goals, & Policies: •Planning Commission review appendix 9/16 •Draft Comprehensive Plan policies under PSRC preliminary review (see 6.17.24 Draft at Bremerton2044.com) Downtown Subarea Plan: Full plan reviewed by the Planning Commission Puget Sound Industrial Center (PSIC) Subarea Plan: Full plan reviewed by the Planning Commission 9 Housing October 16 Council Meeting 10 Housing Summary HB 1220 : Requires housing types that meet the needs of all income levels. HB 1110 : Requires that the City allow Missing Middle housing types. •Limits amount of required parking •Up to 4 dwellings per lot •Subdivide to less than 1,000 sqft 11 Department of Commerce Status Update Housing Element: •Planning Commission review appendix 9/16 •PSRC preliminary review underway (see 6.17.24 Draft at Bremerton2044.com) 12 Economic Development November 6 Council Meeting 13 Economic Summary Naval Base Kitsap (NBK): Kitsap County largest employer Puget Sound Industrial Center (PSIC): Capacity for 10,000 jobs; requires infrastructure investment PSRC Opportunity Index: Concentration of lack of opportunity US Census: 14.8% of Bremerton residents live in poverty, 8.3% of Kitsap residents living in poverty 14 Shipyard Infrastructure Optimization Program (SIOP) https://www.navsea.navy.mil/Home/Shipyards/SIOP-old/SIOP-Program-Overview/ Status Update Economic Development Element: •Planning Commission review appendix 9/16 •PSRC preliminary review underway (see 6.17.24 Draft at Bremerton2044.com) •Outreach provided to: Greater Kitsap Chamber of Commerce Kitsap Economic Development Alliance (KEDA) Kitsap Building Association (KBA) Downtown Bremerton Association (DBA) Charleston Business District (CBD) Manette Business Association (MBA) 15 Environment November 20 Council Meeting 16 Environmental Summary RCW 70A.45.020: Greenhouse Gas Emission (GGE) shall be 45% below 1990 levels by 2030, 70% below 1990 levels by 2040, and 95% below 1990 levels and net-zero carbon emissions by 2050. HB 1181 (2023): Criteria for climate change, resiliency, greenhouse gas emissions reduction adopted by 2029 17 Environment Update Comprehensive Plan Vision, Goals, & Policies: Planning Commission review appendix 3rd/4th quarter 2024 Draft Comprehensive Plan policies under PSRC preliminary review (see 6.17.24 Draft at Bremerton2044.com) Development Standards: •Planning Commission review 4th quarter 2024 through 2nd quarter 2025 •SMP & CAO updated in 2021 •Best Available Science (BAS) •WDFW Riparian Management 18 Transportation & City Services January 15 Council Meeting 19 Transportation Summary Transportation Element (TE): Multimodal network that connects all users to destination in the City and connections to the region (automobile, transit, ferries, etc.) Active Transportation Plan (ATP): Infrastructure for pedestrians and bicycles (formerly the Nonmotorized Plan) SB 5452 (2023): Transportation impact fee revenues may be used for pedestrian and bicycle facilities in addition to public streets and roads. 20 Status Update Comprehensive Plan Vision, Goals, & Policies: Draft Comprehensive Plan policies under PSRC preliminary review (see 6.17.24 Draft at Bremerton2044.com) •Planning Commission review 4th quarter 2024 •Transportation network modeling is complete for existing conditions for 6-year and 20-year planning •Public comment Pedestrian and Bicycle Network Webmap through September 8th at Bremerton2044.com •Transportation In-person Open House 10/24 (tentative) •Wastewater - Modeling for capital projects ongoing •Drinking water - 2020 Water System Plan adopted •Stormwater – 2023 Stormwater Comp Plan adopted 21 Priority Networks Mapping Additional Schedule Details 22 Additional Schedule Detail October 18, 2024: Release Draft Environmental Impact Statement (DEIS) January 17, 2025: Release Final Environmental Impact Statement (FEIS) February 19, 2025: Review Planning Commission Recommendation to City Council April 16, 2025: City Council Deliberation on Comprehensive Plan May 7, 2025: City Council Public Hearing on Comprehensive Plan Adoption 23 Questions? 24 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Change Order No. 2 to Public Works Agreement with PRO-VAC for Lift Station OB-1 and CW-1 Wet Well Rehabilitation Project COUNCIL MEETING Date: September 4, 2024 Department: WWTP Presenter: T.Knuckey/K.Golnik Phone: (360) 473-2376 SUMMARY: During the performance of the work at Lift Station OB-1, degradation was discovered that required additional work, and so Change Order No. 1 was executed under the Mayor’s approval authority. This Change Order No. 2 allows similar additional work for Lift Station CW -1. Additional information on this project will be provided at the September 4, 2024 City Council Meeting. ATTACHMENTS: Change Order No. 2 to the Pro Vac Public Works Agreement for CW-1; Public Works Agreement with Pro-Vac; and Change Order No. 1 for OB-1 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☐ Consent Agenda ☒General Business ☐Public Hearing RECOMMENDED MOTION: Move to approve Change Order No. 2 to the agreement with Pro-Vac; 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 04/19/2024 6C Heard under Consent Agenda x CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: LS OB-1 and CW-1 Wet Well Rehab PROJECT NO: 5895 CONTRACTOR: PRO VAC ORIGINAL CONTRACT AMOUNT: 100,898.62 DAYS: 0 PREVIOUSLY APPROVED CHANGES: 0 DAYS: 0 THIS CHANGE: 21,228.48 DAYS: 0 REVISED CONTRACT AMOUNT: 122,127.10 DAYS: 0 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. Rule 170 PLEASE INDICATE Rule 171 PLEASE INDICIATE DESCRIPTION OF CHANGES INCREASE IN CONTRACT AMOUNT ($) (DECREASE) IN CONTRACT AMOUNT ($) CONTRACT TIME EXTENSION (DAYS:) Expanded rehab in wet well CW -1 19,440.00 NET CHANGE IN CONTRACT AMOUNT INCREASE OR (DECREASE) ESTIMATED SALES TAX AT CURRENT RATE 1,788.48 TOTAL INCLUDING SALES TAX 21,228.48 Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on -site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City’s right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for complet ion of the entire work due to said Change Order. CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: OB-1 AND CW -1 WELL REHAB AND COATING Page 2 of 2 Change Order-1 Rev. 05/2022 This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this co ntract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate actio n to modify any bonds required under the contract to address this change. CONTRACTOR Approved: DATE: KEVIN GOLNIK,PROJECT MANAGER Recommended: DATE: DIVISION MANAGER Council action is required as project cost will exceed approved budget.  Yes  No Council action is required as change exceeds Mayors authority per BMC 2.76.110.  Yes  No Recommended: DATE: DIRECTOR OF PUBLIC WORKS AND UTILITIES Recommended: DATE: MAYOR Approved: DATE: APPROVED AS TO FORM: ATTEST: ___ KYLIE. J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Change Order Rev. 05 2022.docx Docusign Envelope ID: E2E891C0-18BE-4A78-9186-7BB08A416F11 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and PRO-VAC ("Contractor"), whose mailing address is 2412 Inter Ave E. Puyallup, WA 98372 The parties agree as follows: 1.CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Coating of Lift Station OB-1 and CW-1 Wet Well Coating Rehab as quoted in Exhibit A. 2.TIME OF COMPLETION. Contractor shall complete the work within 45-60 calendar days from the date all parties have signed this agreement and of issuance of the City's Notice to Proceed. 3.COMPENSATION. The City shall pay the Contractor the total amount of 79,670.14, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor& Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. Public Works Agreement—Prov Vac Rev. 04/2023 Docusign Envelope ID: E2E891C0-18BE-4A78-9186-7BB08A416F11 C. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4.INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5.TERMINATION. The City may terminate this agreement for good cause. Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6.PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on the bid opening date. The Kitsap County rates are available at the Department of Labor and Industries website. Public Works Agreement—Prov Vac Rev. 04/2023 Docusign Envelope ID: E2E891C0-18BE-4A78-9186-7BB08A416F11 7.CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1.Immediately give a signed written notice of protest to the City; 2.Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a.The date of the Contract's protest. b.The nature and circumstances that caused the protest. c.The provisions in this agreement that support the protest. d.The estimated dollar cost, if any, of the protested work and how that estimate was determined. e.An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3.The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. Public Works Agreement—Prov Vac Rev. 04/2023 Docusign Envelope ID: E2E891C0-18BE-4A78-9186-7BB08A416F11 B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). F.Liens. In the event that there are any liens on file against the City of Bremerton, the City of Bremerton shall be entitled to withhold final or progress payments to the extent deemed necessary by the City of Bremerton to properly protect the outstanding lien claimants until proper releases have been filed with the City Clerk 8.CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if(and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. Public Works Agreement—Prov Vac Rev. 04/2023 Docusign Envelope ID: E2E891C0-18BE-4A78-9186-7BB08A416F11 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor'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 Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSE 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. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or sub-contractors. Before beginning the work on the project described in this agreement, the Contractor shall provide 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 Public Works Agreement—Prov Vac Rev. 04/2023 Docusign Envelope ID: E2E891C0-18BE-4A78-9186-7BB08A416F11 B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and 2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad from property damage; explosion, collapse and underground (XCU) if applicable; and C. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor's responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub- contractors. Public Works Agreement—Prov Vac Rev. 04/2023 Docusign Envelope ID: E2E891C0-18BE-4A78-9186-7BB08A416F11 Before beginning work on the project described in this agreement, the Contractor shall provide 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 $2,000,000 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); and C. Excess Liability insurance with limits not less than $1,000,000 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. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor's responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. Public Works Agreement—Prov Vac Rev. 04/2023 Docusign Envelope ID: E2E891C0-18BE-4A78-9186-7BB08A416F11 The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F.Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless Public Works Agreement—Prov Vac Rev. 04/2023 Docusign Envelope ID: E2E891C0-18BE-4A78-9186-7BB08A416F11 otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. L Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J.Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. M. Mutually Bound. Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner. N. Suspension & Debarment. For contracts involving Washington State and Federal funding, Contractor hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Contractor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Contractor enter into a covered transaction with another firm, Contractor agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. O. Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially Public Works Agreement—Prov Vac Rev. 04/2023 Docusign Envelope ID: E2E891CO-186E-4A78-9186-7BB08A416F11 equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF, the parties below have executed this agreement. PRO-VAC LLC Docuigned by: THE CI © J,; MERTONS F2b0,3522r tit.da Punsa I an R.F grli F7A7R Print Name: Print Name:Greg wheel e r Title: Contract Specialist Title: Mayor DATE7/10/2024 DATE 7/10/2024 Notices to be sent to: Notices to be sent to: CONTRACTOR:CITY OF BREMERTON: Margret Mount Joy 345 6th Street, Suite 100 Bremerton, WA 98337 360) 360-473-5306 360)facsimile) APPROVED AS TO FORM: DocuSigned by: E>D3c7CPP8-7-b€4D8... Kylie J. Finnell Bremerton City Attorney ATTEST: DocuSigned by: L4E175E'D E 5t4TF... Angela Hoover, City Clerk Public Works Agreement—Prov Vac Rev. 04/2023 Docusign Envelope ID:E2E891CO-18BE-4A78-9186-7BB08A416F11 pito 2412 Inter Ave E I Puyallup, WA98372 888) 565-5665 I Fax: (253)435-5788 I www.pro-vac.com 4/20/24 Kevin Golnik City of Bremerton C-360-340-2654 1600 Oyster Bay Ave. S. 0-360-473-5920 Bremerton WA. 98312 Kevin.golnik@ci.bremerton.wa.us Lift station coating Jobsite address:OB1 and CW1 SCOPE OF WORK: Mobilization$800.00 per LS Labor and equipment LS coating high performance OB1 4380 Kitsap Way.$35,169.00 Lump sum CW1 2304 19th street. $36,189.00 Lump sum Each lift station is expected to take 5 working days. This price is to coat each lift station with 1"of strong seal high performance cementitious coating. Client to minimize inflow into LS as much as possible. Sub Total $72,958.00 Sales Tax 6,712.14 Total 79,670.14 Client to provide: Legal access to site Bypass if needed. Vactor for removing the debris from the wall. Please note that the above estimate does not include sales tax,tax on materials,or permits. We propose to furnish all materials and labor to perform work upon designated areas. Pro-Vac Clean Service will notify the customer of any problems or change of conditions. Disposal of waste will be in accordance with all state regulations, and any additional work found during the course of cleaning and inspection,will be forwarded upon another proposal. Other services we provide: Parking lot/street sweeping Pipe inspection camera/grouting&repairs Storm drain main line cleaning/jetting Emergency spill response Catch basin cleaning&repair Tank cleaning/confined space entry If you have any questions or need additional information, please don't hesitate to call me at (253)435-4328. Sincerely, Rafael(raft) Lopez Pro-Vac Cell (253)254-8102 I ralf.lopez@pro-vac.com Docusign Envelope ID: E2E891C0-18BE-4A78-9186-7BB08A416F11 rikno.‘ a 2412 Inter Ave E I Puyallup, WA98372 888) 565-5665 I Fax: (253) 435-5788 I www.pro-vac.com Customer agrees to pay all the costs and fees charged for the services rendered as stated on this proposal.The terms are Net 30 days upon approval of credit,1.5% on unpaid balance monthly. If collection services are required,solely in the opinion of Pro-Vac,to collect the debt, I agree to pay reasonable costs for collection including attorney fees and costs and any collection agency fees. If legal action is required the parties agree that the venue of the action will be Pierce County Superior Court,State of Washington.It is further agreed that any accounts past due will be assessed at late fees of 1.5%per month,cumulative. Custol €rtGigartAtmov: Print Name Date 0"A' Amanda Punsal an Contract Specialist 7/10/2024 Pro VaSiinwe9974A4.. Print Name Date Pricing is good for 90 days from date of proposal Docusign Envelope ID:E2E891CO-18BE-4A78-9186-7BB08A416F11 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 6/12/2024 County Trade Job Classification Wage Holiday Overtime Note Risk,Class Kitsap Industrial Power Vacuum Journey Level 29.89 1 View Cleaner Kitsap Inspection/Cleaning/Sealing Of Cleaner Operator 49.48 15M 110 View Sewer &Water Systems By. Remote Control Kitsap Inspection/Cleaning/Sealing Of Foamer Operator 49.48 15M 110 View Sewer& Water Systems By. Remote Control Kitsap Inspection/Cleaning/SealingOf Grout Truck Operator 49.48 15M 110 View Sewer &t Water Systems By. Remote Control Kitsap Inspection/Cleaning/Sealing Of Head Operator 47.41 15M 110 View Sewer Et Water Systems By. Remote Control Kitsap Inspection/Cleaning/SealingOf Technician 41.20 15M 110 View Sewer a Water Systems By. Remote Control Kitsap Inspection/Cleaning/Sealing Of TV Truck Operator 44.31! 15M 110 View Sewer & Water Systems By. Remote Control Kitsap Painters Journey Level 51.71 6Z 11J View Kitsap Plumbers & Pipefitters Journey Level 86.72 5A 1G View DATE(MM/DD/YYYY)AcisPR D CERTIFICATE OF LIABILITY INSURANCE 6/29/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Shasta Grant Alliant Insurance Services, Inc. PHONE FAX 101 Park Ave 14th Fl A/c,No,Ext): (213)264-5203 A/C,No): New York NY 10178 ADODRESS: Shasta.Grant@alliant.com INSURER(S)AFFORDING COVERAGE NAIC# License#:0C36861 INSURERA: Steadfast Insurance Company 26387 INSURED VCMHOLD-01 INSURER B:Zurich American Insurance Comp 16535 VCM Holdco, LLC Refer to Named Insured Schedule) INSURERC: Navigators Specialty Insurance 36056 2412 Inter Ave INSURERD:AXIS Surplus Insurance Company 26620 Puyallup WA 98373-3425 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1361944855 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD sUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITSMM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y GPL-0539290-01 12/31/2023 12/31/2024 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X 'ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: B AUTOMOBILE LIABILITY Y Y BAP 9702723-01 12/31/2023 12/31/2024 COMBINED SINGLE LIMIT $2,000,000Eaaccident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) C UMBRELLA LIAB X OCCUR Y Y CH23EXC9218411C 12/31/2023 12/31/2024 EACH OCCURRENCE 5,000,000 D P-001-001063546-02 12/31/2023 12/31/2024 X EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000 DED X RETENTION$n g WORKERS COMPENSATION WC 0958232-01 12/31/2023 12/31/2024 PER X OTH- AND EMPLOYERS LIABILITY Y/N STATUTE ER Stop Gap ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT 1,000,000 OFFICER/MEMBER EXCLUDED? N/A Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Contractors Pollution Liability GPL-0539290-01 12/31/2023 12/31/2024 Limit 10,000,000 A Professional Liability GPL-0539290-01 12/31/2023 12/31/2024 Limit 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Coating of Lift Station OB-1 and CW-1 Wet Well Coating Rehab project. The City of Bremerton, its officials,employees,agents and volunteers are included as Additional Insured with regards to the General Liability,Auto Liability and Umbrella/Excess Liability as required by written contract subject to the policy terms and conditions. Coverage is Primary and Non-Contributory as required by written contract subject to the policy terms and conditions.Waiver of Subrogation applies with regards to the General Liability,Auto Liability and Umbrella/Excess Liability policies as required by written contract subject to the policy terms and conditions.30 days notice of cancellation applies,except non payment of premium which is 10 days,in accordance with the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. attn: Risk Management 345 6 th Street, Suite 100, AUTHORIZED REPRESENTATIVE Bremerton WA 98337 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03)The ACORD name and logo are registered marks of ACORD Named Insured Schedule: VCM Holdco, LLC Vac One Acquisition, Inc. Texas ReExcavation, LC Cyclone Services, LLC Vac One Leasing, LLC Kantex Management, LLC Kantex Industries, Inc. Kantex Subsurface, Inc. Olson Brothers Pro-Vac, LLC dba Pro-Vac Pro-Vac, LLC Pro-Vac Investors, Inc. Best Parking Lot Cleaning, LLC Pro-Vac Holdings, Inc. Peninsula Pro-Vac Corp. Hydromax LLC Kinetic Energy Services, LLC Kinetic Hydrovac Kinetic Industry Kinetic Locating Kinetic Underground Kinetic Properties, LLC POLICY NUMBER: BAP 9702723-01 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: VCM HOLDCO, LLC Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 Insurance Services Office, Inc., 2011 Page 1 of 2 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 Insurance Services Office, Inc., 2011 Page 2 of 2 0 Coverage Extension Endorsement Z U R I C H THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 9702723-01 Effective Date: 12/31/2023 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II —Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any"employee"of yours is also an"insured"while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured"while using a covered "auto"you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2)and a.(4) of the Coverage Extensions Provision in Section II —Covered Autos Liability Coverage are replaced by the following: 2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an accident"we cover. We do not have to furnish these bonds. 4) All reasonable expenses incurred by the "insured"at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II —Covered Autos Liability Coverage does not apply. U-CA-424-H CW(10/21) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II —Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in B. Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in B. Exclusions of Section IV—Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss"to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: 1) Overdue lease or loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not returned by the lessor; 4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and 5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto"that is a "private passenger type", light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. As used in this provision, "private passenger type"means a private passenger or station wagon type"auto"and includes an "auto"of the pickup or van type if not used for business purposes. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: 1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered auto" U-CA-424-H CW(10/21) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or 3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for"loss"to personal effects which are: 1) Personal property owned by an "insured"; and 2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for"loss"to personal effects will be based on the lesser of: 1) The reasonable cost to replace; or 2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered"auto". No deductible applies to this coverage. However, we will not pay for"loss"to personal effects of any of the following: 1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. 2) Bullion, gold, silver, platinum, or other precious alloys or metals;furs or fur garments;jewelry, watches, precious or semi-precious stones. 3) Paintings, statuary and other works of art. 4) Contraband or property in the course of illegal transportation or trade. 5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a.Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: a) Are the property of an "insured"; and b) Are in a covered "auto"at the time of"loss". The most we will pay for such"loss"to tapes, records, discs or other similar devices is$500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III— Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: U-CA-424-H CW(10/21) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller(or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Temporary Substitute Autos—Physical Damage 1. The following is added to Section I—Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos—Physical Damage We will pay the owner for "loss"to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit" or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member(if you are a limited liability company) or an executive officer or insurance manager(if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: 1) How, when and where the"accident"or"loss"occurred and if a claim is made or"suit" is brought, written notice of the claim or"suit" including, but not limited to, the date and details of such claim or"suit"; 2) The "insured's" name and address; and 3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an"accident", claim, "suit"or"loss"to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: U-CA-424-H CW(10/21) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos—Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: 1) Any covered "auto"you lease, hire, rent or borrow; and 2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". Q. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: 1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or 2) Make an error, omission, improper description of"autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. R. Hired Auto—World Wide Coverage Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: 5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. T. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II —Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury Bodily injury"or"property damage"expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. U. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III—Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto"of the private passenger type. We will pay only for those covered autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". U-CA-424-H CW(10/21) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. V. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement"auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. W. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the"auto"to you. We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-H CW(10/21) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. POLICY NUMBER: CH23EXC921841IC SECTION II—WHO IS AN INSURED The WHO IS AN INSURED section of the"controlling underlying insurance" is made part of this policy.Any person or organization that is an insured in "controlling underlying insurance" is an insured in this policy to the same extent. SECTION III—LIMITS OF INSURANCE The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds, claims made or suits brought, or persons or organizations making claims or bringing suits. 1. The General Aggregate Limit is the most we will pay for the sum of all damages to which this insurance applies, except: a. damages because of bodily injury or property damage included within any applicable products-completed operations hazard; or b. damages arising out of the ownership, operation, maintenance or use of an automobile; 2. The Products-Completed Operations Aggregate Limit is the most we will pay for the sum of all damages included within any applicable products-completed operations hazard; 3. Subject to paragraphs 1. and 2. above,the Each Event Limit is the most we will pay for all damages that arise out of any one"event." SECTION IV—CONDITIONS The CONDITIONS sections of the"controlling underlying insurance"are made part of this policy. If an inconsistency or contradiction exists between the Conditions of this policy and the Conditions of the"controlling underlying insurance,"the Conditions of this policy will apply. 1. Appeals At our discretion we may appeal any judgment which would result in a payment under this policy.When we do appeal, we will pay all costs associated with the appeal in addition to the Limits of Insurance.Any such appeal will not increase our Limits of Insurance. 2. Bankruptcy or Insolvency Bankruptcy or insolvency of the insured or the insured's estate will not relieve us of our obligations under this policy. Bankruptcy or insolvency of any company providing controlling underlying insurance"will not reduce the"underlying limits"or increase our obligations under this policy.We will not be required to drop down or replace"controlling underlying insurance." 3. Cancellation a. The first Named Insured may cancel this policy at any time by providing us advanced written notice of the cancellation date. b. We may cancel this policy at any time by providing the first Named Insured written notice of cancellation: i. at least 10 days in advance if we cancel for non-payment of premium; or ii. at least 30 days in advance if we cancel for any other reason: Navigators Specialty Insurance Company Contains copyrighted material of the Page 3 of 7NAV-EXC-001 (04/10) Insurance Services Office, Inc.with its permission. g POLICY NUMBER: CH23EXC921841IC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION SCHEDULE Name of Person or Organization: As required by written contract or agreement. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to SECTION IV-CONDITIONS, 13.Transfer of Rights of Recovery Against Others. We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. All other terms of the policy remain unchanged. NAV-ECD-6012 (01/11) Navigators Specialty Insurance Company Page 1 of 1 Contains copyrighted material of the Insurance Services Office, Inc.with its permission. 0 Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors PolicyNo. Eff.Date of Pol. Exp. Date of Pol. Eff. Date ofE nd.Producer Addl Prem. Return Prem. GPL-0539290-01 12/31/2023 12/31/2024 12/31/2023 18401000 Named Insured and Mailing Address:Producer: VCM HOLDCO LLC ALLIANT INSURANCE SERVICES. INC. 2412 INTER AVE 32 OLD SLIP FINANCIAL SQUARE PUYALLUP, WA 98373 NEW YORK, NY 10005-3500 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy Commercial General Liability Coverage Part One, Common Coverage Provisions A. Section I—Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO)ISO CG 20 10(10/01 edition): or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that "bodily injury". "property damage"or"personal and advertising injury" arises out of 1) Your ongoing operations, with respect to Paragraph 1.a. above: or 2) "Your work'. with respect to Paragraph 1.b. above. which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: a) Only applies if the "bodily injury". "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement and b) Does not apply to "bodily injury" or"property damage"caused by"your work" and included within the products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. Solely with respect to this Paragraph (b). if the written contract or written agreement provides a minimum time period for providing such coverage, and such minimum time period ends prior to the STF-ESP-MAN-10Lw(04/23)Page 1 of4 INTERNAL USE ONLY end of the policy period, this insurance shall not apply to "bodily injury", "property damage" or a personal and advertising injury" offense which occurs during the policy period and after the end of that minimum time period. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO)ISO CG 20 10(07/04 edition): or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s). but only to the extent that "bodily injury", "property damage"or"personal and advertising injury" is caused. in whole or in part, by: 1) Your acts or omissions: or 2) The acts or omissions of those acting on your behalf, in the performance of: a) Your ongoing operations, with respect to Paragraph 2.a above; or b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement and ii) Does not apply to "bodily injury" or"property damage"caused by "your work" and included within the 'products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. Solely with respect to this Paragraph (ii). if the written contract or written agreement provides a minimum time period for providing such coverage, and such minimum time period ends prior to the end of the policy period, this insurance shall not apply to "bodily injury". "property damage" or a "personal and advertising injury" offense which occurs during the policy period and alter the end of that minimum time period. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations(if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or"personal and advertising injury" is caused, in whole or in part by: 1) Your acts or omissions; or 2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations, which is the subject of the written contract or written agreement However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: a) Only applies to the extent permitted by law; b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured: and Page 2 of4 SIT-ESP-MAN-10-CW(02/23) INTERNAL USE ONLY c) Only applies if the "bodily injury". "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products-completed operations hazard" (if no form is specified). such person or organization is then an additional insured only to the extent that "bodily injury" or "property damage" is caused, in whole or in part by "your work" and included in the "products-completed operations hazard". which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: 1) Only applies to the extent permitted by law; 2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; 3) Only applies if the "bodily injury" or 'property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement: and 4) Does not apply to "bodily injury" or "property damage" caused by "your work' and included within the products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. Solely with respect to this Paragraph (4). if the written contract or written agreement provides a minimum time period for providing such coverage, and such minimum time period ends prior to the end of the policy period, this insurance shall not apply to "bodily injury" or "property damage" which occurs during the policy period and after the end of that minimum time period. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement. the following additional exclusion applies: This insurance does not apply to "bodily injury". "property damage" or 'personal and advertising injury" arising out of the rendering of. or failure to render. any professional architectural, engineering or surveying services including: 1. The preparing. approving or failing to prepare or approve maps. shop drawings. opinions, reports, surveys. field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring. employment, training or monitoring of others by that insured, if the "occurrence"which caused the bodily injury" or "property damage". or the offense which caused the "personal and advertising injury". involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement, the following is added to Common Coverage Provisions. Section IV—Claims Provisions, Paragraph 2: The additional insured must see to it that: 1) We are notified as soon as practicable of an"occurrence" or offense that may result in a claim; 2) We receive written notice of a claim or"suit" as soon as practicable; and 3) A request for defense and indemnity of the claim or"suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section V—Conditions, Paragraph 8: Page 3 of4 STF-ESP-MAN-10LW(02/23) INTERNAL USE ONLY Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance: and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 8.b. of the Other Insurance Condition under Section V—: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis. available to an additional insured. in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence , offense, claim or"suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under this endorsement, the following is added to Section III—Limits Of Insurance: Additional Insured—Automatic—Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Section A. of this endorsement: or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms.conditions, provisions and exclusions of this policy remain the same. Page 4 of4 STF-ESP-MAN-10LW(02/23) INTERNAL USE ONLY Waiver of Transfer of Rights of Recovery Against Others — Blanket as Required by Contract Z U RI C H Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'I Prem. Return Prem. G P L 0539290-01 12/31/2023 12/31/2024 12/31/2023 18401000 Named Insured and Mailing Address: Producer: VCM HOLDCO LLC ALLIANT INSURANCE SERVICES, INC. 2412 INTER AVE 32 OLD SLIP FINANCIAL SQUARE Puyallup, WA 98372 NEW YORK, NY 10005-3500 ITHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy X ] COVERAGE PART ONE—COMMERCIAL GENERAL LIABILITY X ] COVERAGE PART TWO—CONTRACTOR'S POLLUTION LIABILITY X ] COVERAGE PART THREE— PROFESSIONAL LIABILITY In consideration of the payment of premium and the Deductible by you and in reliance upon the statements in the Application made a part hereof, we agree with you, subject to all the terms, exclusions and conditions that with respect to the coverage parts indicated above Conditions (Section V.) of the COMMON COVERAGE PROVISIONS, Condition 14. Subrogation is amended by the addition of the following: We waive any right of recovery we may have against any person or organization whom you are required to waive your right of subrogation by a written contract or written agreement executed and effective prior to the performance of your services which is the subject of such written contract or written agreement. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. STF-ESP-248-A CW(04/10) Page 1 of 1 Additional Insured-Automatic-Owners, Lessees Or Contractors Z U RI C H Coverage Part One-Commercial General Liability Coverage Part Two-Contractor's Pollution Liability Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'I Prem. Return Prem. G P L 0539290-01 12/31/2023 12/31/2024 12/31/2023 18401000 Named Insured and Mailing Address: Producer: VCM HOLDCO LLC ALLIANT INSURANCE SERVICES, INC. 2412 INTER AVE 32 OLD SLIP FINANCIAL SQUARE Puyallup, WA 98372 NEW YORK, NY 10005-3500 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: Environmental Services Package Policy COVERAGE PART ONE-COMMERCIAL GENERAL LIABILITY X COVERAGE PART TWO-CONTRACTOR'S POLLUTION LIABILITY 1. Who is an Insured (Section I.) in the COMMON COVERAGE PROVISIONS is amended to include as an additional insured any person(s) or organization(s)whom you are required to add as an additional insured on this policy under a written contract or written agreement. 2. The insurance provided to the additional insured person(s) or organization(s) applies only to: a. "Bodily injury", "property damage" or "personal and advertising injury" under COVERAGE PART ONE- COMMERCIAL GENERAL LIABILITY, COVERAGE A- BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY caused, in whole or in part, by: 1) Your acts or omissions; or 2) The acts or omissions of those acting on your behalf; and resulting directly from: a) Your ongoing operations performed for the additional insured, which is the subject of the written contract or written agreement; or b) "Your work" completed as included in the "products-completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement; and/or b. "Claims" arising out of a "pollution event" under COVERAGE PART TWO - CONTRACTOR'S POLLUTION LIABILITY, caused, in whole or in part, by: 1) Your acts or omissions; or 2) The acts or omissions of those acting on your behalf, and resulting directly from: a) "Covered operations" performed for the additional insured, which is the subject of the written contract or written agreement; or STF-ESP-101-F CW(04/13) Page 1 of 3 b) "Completed operations" of the "covered operations" performed for the additional insured, which is the subject of the written contract or written agreement. 3. However, regardless of the provisions of paragraphs 1. and 2. above, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the written contract or written agreement to provide to such additional insured. 4. With respect to the insurance afforded to the additional insured under this endorsement, the following is added to Section III —Limits Of Insurance and Deductible: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations 5. The insurance provided to the additional insured person or organization does not apply to: Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including: 1) The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence" which caused the bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any architectural, engineering or surveying services. 6. The additional insured must see to it that: a. We are notified as soon as practicable of an "occurrence", offense or "pollution event", as applicable, that may result in a claim; b. We receive written notice of a claim or"suit" as soon as practicable; and c. A request for defense and indemnity of the claim or "suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the written contract or written agreement requires that this coverage be primary and non-contributory. 7. For the coverage provided by this endorsement: a. The following paragraph is added to Paragraph 8.a. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: Primary and Noncontributory Insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this endorsement provided that: 1) The additional insured is a Named Insured under such other insurance; and 2) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. b. The following paragraph is added to Paragraph 8.b. Other Insurance, Conditions (Section V.) in the COMMON COVERAGE PROVISIONS: This insurance is excess over: STF-ESP-101-F CW(04/13) Page 2 of 3 Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. 8. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. STF-ESP-101-F CW(04/13) Page 3 of 3 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: LS OB-1 and CW-1 Wet Well Rehab PROJECT NO: 5895 CONTRACTOR: PRO VAC ORIGINAL CONTRACT AMOUNT: 79,670.14 DAYS: 0 PREVIOUSLY APPROVED CHANGES: 0 DAYS: 0 THIS CHANGE: 21,228.48 DAYS: 0 REVISED CONTRACT AMOUNT: 100,898.62 DAYS: 0 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. Rule 170 PLEASE INDICATE Rule 171 PLEASE INDICIATE DESCRIPTION OF CHANGES INCREASE IN CONTRACT AMOUNT ($) (DECREASE) IN CONTRACT AMOUNT ($) CONTRACT TIME EXTENSION (DAYS:) Expanded rehab in wet well OB-1 19,440 NET CHANGE IN CONTRACT AMOUNT INCREASE OR (DECREASE) ESTIMATED SALES TAX AT CURRENT RATE 1,788.48 TOTAL INCLUDING SALES TAX 21,228.48 Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on -site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City’s right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for complet ion of the entire work due to said Change Order. Docusign Envelope ID: 2F74CC6A-686C-4759-8FCB-29C6D3AA710C CONTRACT CHANGE ORDER NO: 1 PROJECT NAME: OB-1 AND CW -1 WELL REHAB AND COATING Page 2 of 2 Change Order-1 Rev. 05/2022 This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this co ntract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate actio n to modify any bonds required under the contract to address this change. CONTRACTOR Approved: DATE: KEVIN GOLNIK,PROJECT MANAGER Recommended: DATE: DIVISION MANAGER Council action is required as project cost will exceed approved budget.  Yes  No Council action is required as change exceeds Mayors authority per BMC 2.76.110.  Yes  No Recommended: DATE: DIRECTOR OF PUBLIC WORKS AND UTILITIES Recommended: DATE: MAYOR Approved: DATE: APPROVED AS TO FORM: ATTEST: ___ KYLIE. J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Change Order Rev. 05 2022.docx Docusign Envelope ID: 2F74CC6A-686C-4759-8FCB-29C6D3AA710C 9/3/2024 9/3/2024 9/4/2024 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Local Agency Agreement for PROTECT Grant with WSDOT for Parish Creek Fish Barrier Removal COUNCIL MEETING Date: September 4, 2024 Department: PW & Utilities Presenter: D. Dinkuhn Phone: (360) 473-5331 SUMMARY: The City has been offered grant funding for the Parish Creek Fish Barrier Removal project through the Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Formula Program funding. The funding amount is $2,266,000 for design and construction and requires a 20% match. Council approval is requested for Mayor’s signature on the Local Agency Agreement from WSDOT Local Programs. ATTACHMENTS: 1. Award Letter 2. Project Location and Vicinity Map 3. Local Agency Agreement (LAA) FISCAL IMPACTS (Include Budgeted Amount): The project will be budgeted in the Stormwater Capital Fund for construction in 2026/2027. STUDY SESSION ACTION: ☒ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to accept the PROTECT Grant funding and approve the Local Agency Agreement with WSDOT and authorize the Mayor to finalize and accept the agreement with the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 6D Heard under Consent Agenda May 20, 2024 Mr. Thomas Knuckey Public Works Director City of Bremerton 100 Oyster Bay Avenue N Bremerton, WA 98312 RE: Parish Creek Fish Passage Barrier Removal FFY 2024 PROTECT Selections Federal Funding Dear Mr. Knuckey: WSDOT is pleased to advise you that the Fish Passage project listed below has been selected by the Department of Fish and Wildlife’s Brian Abbott Fish Barrier Removal Board to receive FHWA Promoting Resilient Operations for Transformative, Efficient, and Cost-Saving Transportation (PROTECT) Formula Program funding. Funding is provided as follows: Parish Creek Fish Passage Barrier Removal $2,266,000 Scope: Replace existing culvert and fishway with new bridge that has a 25-ft span. Further details are included in the attached application. NOTE: Funding is provided at 100% for the preliminary engineering, right of way and construction phases of the project, for all eligible federal expenditures. In order to meet state and federal requirements, the following are required: • Project expenditures incurred before receiving notice from Local Programs of federal fund authorization are not eligible for reimbursement. • Please refer to the Local Programs webpage for detailed information, including: (http://www.wsdot.wa.gov/localprograms)  Local Agency Guidelines (LAG) manual for the requirements regarding programming, authorization, reimbursement, etc.;  Projects utilizing federal funds must be included in your current Transportation Improvement Program (TIP) as a complete programmed project. Once your TIP amendment is approved, WSDOT will amend the Statewide Transportation Improvement Program (STIP);  Funding and billing forms; Mr. Thomas Knuckey City of Bremerton May 20, 2024  Local Project Reporting is 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 and your password is The password is case sensitive. • If the project is not actively pursued or becomes inactive (23 CFR 630), the project is at risk of being cancelled, funds repaid and reprogrammed. • FHWA requires that all projects are ADA compliant upon completion or the federal funds must be repaid. As a reminder, Local Programs requires all agencies to submit monthly progress billings to ensure timely reimbursement of eligible federal expenditures. For assistance, please contact your WSDOT Region Local Programs Engineer, John Ho at 564.669.1018 or John.Ho@wsdot.wa.gov. Sincerely, Jay Drye, PE Director Local Programs JD:km:cdm Attachment cc: David Dinkuhn, Stormwater Project Manager, City of Bremerton Kelly McGourty, Transportation Director, PSRC John Ho, Olympic Region Local Programs Engineer Thomas P. Jameson, Chair, Brian Abbott Fish Barrier Removal Board S NATIONAL AVEW S T ATEHWY16IDASTWSTATE HWY 3 W WSTATEHWY 1 6HARLOWDR OYSTERBAYAVESWARSENAL WAY W BELFAIR VALLEY RD ANDERSONHILLRDSWT R E MO NT ST W S W O L D C L IFTON RDWLO XIEEAGANS BLVDPREBLE ST UNIO N AVESTATEHWY 304RAMPC H A R LESTONB L V D STATEHWY16SWSTATEHWY16SWS W BAYSTST AT E HWY 3 RAMP W W WERNER RD A U TOCENTERWAYPRICERD 1ST ST CHARLESTONBLVD1STSTW 1STST STATEHWY3NWA U TOCENTERBLVDWSTATEHWY16RAMP BROADSTWSTATEHWY3NWWKITSAP LAKERD CHAR L E S T O N BEACH R D W SHA R TFORDAVECHARLEST ON BL V D S T A T E HWY 3 WKITSAPLAKERDNWPRIC E R D CHARLEST O N B L V D CITY OF BREMERTON DEPARTMENT OF PUBLIC WORKS & UTILITIES ENGINEERING DIVISION DATE: 6/20/2024 345 6th Street, Suite 100 | Bremerton, WA | 98337-1891 PARISH CREEK FISH PASSAGE BARRIER REMOVAL City Project #870 PROJECT LOCATION AND VICINITY MAP Project Location City Limits City Name Bremerton Washington State Department of Transportation Local Agency Agreement Agency Address CFDA No. 20.205 - Highway Planning and Construction (Catalog of Federal Domestic Assistance) Project No. Agreement No. For WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Length Termini Description of Work Project Agreement End Date Proposed Advertisement Date Claiming Indirect Cost Rate Yes No Type of Work PE % Federal Aid Participation Ratio for PE a. Agency b. Other c. Other d. State Services e. Total PE Cost Estimate (a+b+c+d) Estimate of Funding(1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds Right of Way % Federal Aid Participation Ratio for RW f. Agency g. Other h. Other i. State Services j. Total R/W Cost Estimate (f+g+h+i)Construction % Federal Aid Participation Ratio for CN 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) Agency Official By Title Agency Date Washington State Department of Transportation By Director, Local Programs Date Executed DOT Form 140-039 Revised 04/2022 Page 1 0 0 0 0 0 0 0 0 0 0 0 0 Construction Method of Financing (Check Method Selected) State Ad and Award Method A - Advance Payment - Agency Share of total construction cost (based on contract award) Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, column 2) in the amount of $ at $ per month for months. Local Force or Local Ad and Award Method C - Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on , , Resolution/Ordinance No. Provisions I. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the “Project Description” and “Type of Work.” When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in “Type of Work” on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. II. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. III. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with local government accounting procedures prescribed by the Washington State Auditor’s Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1. Preliminary engineering. 2. Right of way acquisition. 3. Project construction. Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of federal aid funds and/or agreement closure. If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX). If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal DOT Form 140-039 Revised 04/2022 Page 2 funds paid to the Agency under the terms of this agreement (see Section IX). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part 200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section IX). 1. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a previously approved indirect cost plan. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX). VII. Audit of Federal Consultant Contracts The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and 2 CFR Part 200.501 - Audit Requirements. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section IX). VIII. Single Audit Act The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2 CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted DOT Form 140-039 Revised 04/2022 Page 3 promptly to the State. IX. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Director, Local Programs. Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309). Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they become ineligible for federal reimbursement. X. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. XII. Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT- assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.). The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and DOT Form 140-039 Revised 04/2022 Page 4 (c) Refer the case to the Department of Justice for appropriate legal proceedings. XIII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIV. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary is notified by the Federal Highway Administration that the project is inactive. (5) The Secretary determines that such termination is in the best interests of the State. XV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XVII. Assurances Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with Section 504 and the Americans with Disabilities Act (ADA). Additional Provisions DOT Form 140-039 Revised 04/2022 Page 5 Instructions 1. Agency Name and Billing Address – Enter the Agency of primary interest which will become a party to the agreement. 2. Project Number – Leave blank. This number will be assigned by WSDOT. 3. Agreement Number – Leave blank. This number will be assigned by WSDOT. 4. a. Project Description – Enter the project name, total length of the project (in miles), and a brief description of the termini. Data entered here must be consistent with the name, length, and termini noted in the STIP and Project Prospectus Example: (Name) “Regal Road”, (Length) “1.2 miles”, (Termini) “Smith Road to Main Street” b. Description of Work – Enter a concise statement of the major items of work to be performed. Statement must be consistent with the description of work noted in the STIP and Project Prospectus. Example: “Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and traffic signal at the intersection of Regal Road and Dakota Avenue.” c. Project Agreement End Date – Enter the Project Agreement End Date (mm/dd/yy). This date is based on the project’s Period of Performance (2 CFR 200.309). For Planning Only projects – WSDOT recommends agencies estimate the end of the project’s period of performance and add three years to determine the “Project Agreement End Date”. For PE and RW – WSDOT recommends agencies estimate when the phase will be completed and add three years to determine the “Project Agreement End Date”. For Construction – WSDOT recommends agencies estimate when construction will be completed and add three years to determine the “Project Agreement End Date”. d. Proposed Advertisement Date – At construction authorization only, enter the proposed project advertisement date (mm/dd/yy). e. Claiming Indirect Cost Rate – Check the Yes box if the agency will be claiming indirect costs on the project. For those projects claiming indirect costs, supporting documentation that clearly shows the indirect cost rate being utilized must be provided with the local agency agreement. Indirect cost rate approval by your cognizant agency or through your agency’s self-certification and supporting documentation is required to be available for review by FHWA, WSDOT and /or State Auditor. Check the No box if the agency will not be claiming indirect costs on the project. See section 23.5 for additional guidance. 4. Type of Work and Funding (Round all dollar amounts to the nearest whole dollar) a. PE – Lines a through d show Preliminary Engineering costs for the project by type of work (e.g., consultant, agency, state services, etc.). *Federal aid participation ratio for PE – enter ratio for PE lines with amounts in column 3. • Line a – Enter the estimated amount of agency work in columns 1 through 3. • Line b & c – Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3. • Line d – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line e – Total of lines a + b + c + d. b. Right of Way – If a Right of Way phase is authorized on the project, the appropriate costs are shown in lines f through i. *Federal aid participation ratio for RW – enter ratio for RW lines with amounts in column 3. • Line f – Enter the estimated amount of agency work in columns 1 through 3. • Line g & h – Identify user, consultant, etc., and enter the estimated amounts in columns 1 through 3. • Line i – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line j – Total of lines f + g + h + i. c. Construction – Lines k through p show construction costs for the project by type of work (e.g., contract, consultant, agency, state services, etc.). *Federal aid participation ratio for CN – enter ratio for CN lines with amounts in column 3. DOT Form 140-039 Revised 04/2022 Page 6 • Line k – Enter the estimated cost of the contract. • Lines l, m, & n – Enter other estimated costs such as utility and construction contracts or non-federally matched contract costs. • Line o – Enter estimated costs of all construction related agency work. • Line p – State Services. Every project must have funding for state services. Enter the estimated amounts in columns 1 through 3. • Line q – Total Construction Cost Estimate. Total of lines k + l + m + n + o +p. d. Total Project Cost Estimate • Line r – Total Cost Estimate of the Project. Total of lines e + j + q. *Please remember, if the federal aid participation rate entered is not the maximum rate allowed by FHWA, then the participation rate entered becomes the maximum rate allowed. 6. Signatures – An authorized official of the local agency signs the agreement and enters their title and date of signature (mm/dd/ yy). Note: Do NOT enter a date on the Date Executed line. 7. Method of Construction Financing – Choose the method of financing for the construction portion of the project. a. Method “A” is used when the state administers the contract for the agency. b. Method “B” is also used when the state administers the contract for the agency. c. Method “C” is used with projects administered by the local agency. The agency will submit billings monthly through the state to FHWA for all eligible costs. The billings must document the payment requests from the contractor. If state-force work, such as audit and construction engineering, is to receive federal participation, it will be billed to the agency and FHWA simultaneously at the indicated ratio. To show continuous progress agencies should bill monthly until agreement is closed. 8. Resolutions/Ordinances – When someone other than the County Executive/Chairman, County Commissioners/Mayor is authorized to sign the agreement, the agency must submit to WSDOT with the agreement a copy of the Resolution/Ordinance designating that individual. 9. Parties to the Agreement – Submit one originally signed agreement form to the Region Local Programs Engineer. It is the responsibility of the local agency to submit an additional, originally signed agreement form if they need an executed agreement for their files. The agreement is first executed by the agency official(s) authorized to enter into the agreement. It is then transmitted to the state for execution by Local Programs. The agreement is dated at the time of final execution by Local Programs. DOT Form 140-039 Revised 04/2022 Page 7 Published for September 4 Council Meeting Item 7 – Council Reports COUNCIL DISTRICT 4 Jane Rebelowski Welcome, CPA Rosalind Medina to the Audit Committee! COUNCIL DISTRICT 1 Jennifer Chamberlin