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HomeMy WebLinkAbout12/11/2024 STUDY SESSION AGENDA PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 WEDNESDAY, DECEMBER 11, 2024 CITY COUNCIL STUDY SESSION AGENDA Starting at 5:00 PM in Council Conference Room 603 Council Conference Room 603 will be open to the public to attend the Study Session in-person, but there will be no opportunities for input. However, public questions or comments may be submitted at any time to City.Council@ci.bremerton.wa.us. Please remember that the content of the Agenda Bill items is subject to change; and no action at the Study Session is anticipated. If approved by the Council, these items will be placed on the December 18, 2024 City Council Meeting Agenda, or as indicated…  Members of the public may click the link below to join the webinar: https://bremertonwa-gov.zoom.us/j/8738266756?pwd=ZWlMVnVYbFBHYjY5U1RJUmFreDFXUT09  Or One tap mobile: US: +12532050468,,87318266756#,,,,*857582# or +12532158782,,87318266756#,,,,*857582#  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 +1 346 248 7799 or +1 669 444 9171 or +1 669 900 6833 Webinar ID: 873 1826 6756; Passcode: 857582 A. AGENDA BILL BRIEFINGS 1. Contract Modification Agreement No. 2 with CommonStreet Consulting, LLC for Homelessness Response Property Management Program Services 2. Ordinance to grant renewal of Telecommunications Franchise with Comcast Cable Communications Management, LLC 3. Local Agency Contract with Ceccanti, Inc. for the 6th Street Phase III Pavement Preservation Project 4. Professional Services Agreement with Kennedy Jenks for the Tracyton Beach Road Sewer Improvements Project 5. Supplemental Agreement No. 4 with HDR Engineering, Inc for the Naval Avenue: 1st Street to 15th Street Pedestrian and Bicycle Enhancements Project 6. Ordinance to amend Ordinance No. 5487 establishing the City of Bremerton’s Fiscal Year 2024 Budget as amended by Ordinance No. 5495 7. Contract Modification Agreement No. 1 with Columbia Hospitality, Inc. for the Management and Operation of the Kitsap Conference Center 8. Contract Modification Agreement No. 1 with Columbia Hospitality, Inc. for the Management and Operations of Gold Mountain Golf Course 9. Proposed Public Hearing on Ordinance to amend Bremerton Municipal Code Title 20 to achieve permit procedures compliant with SB 5290 10. Discussion on Obligation of American Rescue Plan Act (ARPA) Funds 11. Resolution to adopt the City Council’s 2025 Legislative Priorities Continued on next page… 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. B. GENERAL COUNCIL BUSINESS 1. Review of Council Goals & Action Steps (1 of 2 Sessions) – Council President Jennifer Chamberlin 2. Audit Committee Briefing (Last Meeting on 11/18/24) – Chair Anna Mockler 3. Public Works Committee Briefing (Last Meeting on 11/19/24) – Chair Jane Rebelowski 4. Public Safety Committee Briefing (Last Meeting on 12/5/24) – Chair Denise Frey 5. Regional and Other Committee/Board Briefings 6. Other General Council Business (As necessary, and as time allows…) C. ADJOURNMENT OF STUDY SESSION D. EXEMPT CLOSED SESSION 1. To Discuss or Review Labor Negotiations pursuant to RCW 42.30.140 (4) (b) AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: December 11, 2024 Contract Modification Agreement No. 2 with CommonStreet Consulting, LLC for Homelessness Response Property Management Program Services COUNCIL MEETING Date: December 18, 2024 Department: Police Presenter: Aaron Elton Phone: (360) 473-5978 SUMMARY: Commonstreet Consulting LLC to continue providing outreach and connect homeless to resources. ATTACHMENTS: 1) Contract Modification Agreement No. 2 Between the City of Bremerton and Commonstreet Consulting, LLC 2) Email and Presentation to Public Safety Committee FISCAL IMPACTS (Include Budgeted Amount): $323,364 from the General Fund non-departmental. STUDY SESSION ACTION: ☐ Consent Agenda ☐General Business ☐Public Hearing RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute Contract Modification Agreement No. 2 with CommonStreet Consulting, LLC with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 A1 Page 1 of 5 City of Bremerton Commonstreet Consulting, LLC - Contract Modification no. 2 Rev. 09/2021 CONTRACT MODIFICATION AGREEMENT NO. 2 BETWEEN THE CITY OF BREMERTON AND COMMONSTREET CONSULTING, LLC, COB contract no. 6635 Homelessness Response Property Management Program Services December 3rd, 2024 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and Commonstreet Consulting, LLC on January 25, 2024, All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: The attached Exhibit A replaces the original, and as modified on August 14th, 2024, documenting increased case load and resulting service adjustments. Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by December 31, 2025 Section III. Compensation , is deleted in its entirety and replaced with the below: A. In consideration of the services provided pursuant to this modification of the original agreement, the City shall pay Consultant for 2025, according to the terms of this agreement, an amount not to exceed, three hundred, twenty-three thousand, three hundred and sixty-four dollars and zero cents, ($323,364.00). Consultant’s charges and bills shall conform to the fee schedule attached hereto as Revised Exhibit A. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED However the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Exhibit A herein and Section II. B. Additionally, the City reserves the right to limit or delay the Scope of Work as described in Exhibit A., per the current 2025 appropriations limit of: Two-hundred Twelve thousand dollars ($212,000). The City further warrants to use its best efforts to obtain funds to pay all payments in each subsequent fiscal period through the end of the contract Term. Section _ VI. Insurance , is deleted in its entirety and replaced with the below: Page 2 of 5 City of Bremerton Commonstreet Consulting, LLC - Contract Modification no. 2 Rev. 09/2021 VI. Insurance: The Consultant and all of consultant’s subcontractor’s shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub- contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. 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. 4. Professional Liability. insurance written on an claims made basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 3 of 5 City of Bremerton Commonstreet Consulting, LLC - Contract Modification no. 2 Rev. 09/2021 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 also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub- contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant 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. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. Page 4 of 5 City of Bremerton Commonstreet Consulting, LLC - Contract Modification no. 2 Rev. 09/2021 IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. SIGNATURES ON THE NEXT PAGE Page 5 of 5 City of Bremerton Commonstreet Consulting, LLC - Contract Modification no. 2 Rev. 09/2021 COMMONSTREET CONSULTING, LLC THE CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: ________________________ ________________________ City of Bremerton Police Dept. ________________________ ________________________ ________________________ R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx EXHIBIT A: Scope of Work REVISED 1 City Of Bremerton Homelessness Response Property Management Program – 2025 Work Plan A. Approach Commonstreet Consulting representatives will complete a program for the City of Bremerton by providing Homelessness Response & Property Management support to the City of Bremerton’s Homelessness Response Property Management Program. Individual tasks are as follows: Reporting Commonstreet Consulting will provide the City of Bremerton’s Homelessness Response Property Management Program with management and quarterly detailed reporting of locations, site visits, trespassing, encampments, outreach service coordination, assessments, responses, monitoring, proactive measures, escorting and accompaniment, and other homelessness response and property management related information. B. Assumptions • Commonstreet Consulting representatives will work directly with the City of Bremerton’s Homelessness Response Property Management Program supervision. • Commonstreet Consulting will draft necessary documentation. • Part to Full-time work remotely. C. Responsibilities (Primary and Secondary) • When a trespass or encroachment is discovered/reported, make initial site visit to document trespass and/or conduct needs assesment and evaluate proper response (resource plan, hazardous materials cleanup, trash pickup, etc.). • Coordinate with law enforcement on removal of trespassers as necessary. • Escort/accompany City of Bremerton field workers and/or other employees to locations that may be impacted by encampments or problematic adjacent landowners. • Coordinate with private property owners and/or law enforcement, if necessary, on removal of trespassers. • Coordinate cleanup of site. • Coordinate various activities with other key departments within the City of Bremerton and it’s partners. • Coordinate all other countermeasures and proactive measures at the sites (vegetation management, site hardening, CPTED evaluations, etc.). • Establish a consistent and ongoing site monitoring and maintenance route/schedule throughout the City. • Manage and track all site, trespass, outreach, and other activities. • Track all expenses, costs, invoices, time, etc. • Track program budget and provide regular detailed reporting. • Track and evaluate effectiveness of reactive and proactive measures. • Continual research of appropriate law enforcement agency trespass agreements and procedures. • Research and make recommendations for specific details of signage (NO TRESPASSING, etc.) and signage companies. • Recommend hazardous waste cleanup, vegetation management, and site hardening companies for sub-contracting. • Perform other duties as assigned. D. Deliverables • Project updates to be determined by the City of Bremerton and agreed upon by Commonstreet Consulting. • Project tracking to be determined by the City of Bremerton and agreed upon by Commonstreet Consulting. EXHIBIT A: Scope of Work REVISED 2 E. Schedule • Scope of work and budget assume a duration of (1) year of Homelessness Response and Property Management support to be extended as necessary with service to be effective no later than January 1, 2025 and expiring December 31, 2025 F. City Requirements • The City of Bremerton representatives will provide ongoing consultant support in connection with the above-described program. G. Staffing and Compensation for Services • Commonstreet Consulting’s compensation for the services in this agreement will be on a time and materials basis for a not to exceed amount of $323,364. Time & Materials Table H. Expenses • Subject to the not to exceed amount, reasonable expenses in support of the Project may be invoiced monthly and submitted with receipts or other appropriate documentation. Job Title Estimated Units (Per Month) Rate Labor Cost (1 Per Month) Estimated Labor Cost (ANNUAL) Principal / Sr. Advisor / Program Mgr. 3 hrs. $306.00 per month = $918 $11,016 Project Manager & Field Manager 17 hrs. $188.00 per month = $3,196 $38,352 Sr. Property Management & Sr. Outreach and Engagement Specialists 67 hrs. $155.00 per month = $10,385 $124,620 Property Management & Outreach and Engagement Specialists 78 hrs. $125.00 per month = $9,750 $117,000 Project Controls Specialist 9 hrs. $115.00 per month = $1,035 $12,420 Other Direct Expenses (ODE) Mileage 22 Trips (many sites) $0.67/mile 22 x 95.88 mi/trip. = 2109mi X $0.67/mi = $1,413 $16,956 Other Direct Expenses (ODE) Printing, Job Supplies, PPE, etc. 1 Month $250.00 per month = $250 $3,000 MONTHLY TOTAL $26,947 $323,364 EXHIBIT A: Scope of Work REVISED 3 I.Subcontracts •Subcontractors pre-approved by the City of Bremerton may be used. Subcontracted services will be invoiced at cost plus ten percent (+10%). Commonstreet Consulting shall direct the work of all subcontractors. All subcontrating costs will be in addition to the estimate provided above. J.Project Change Management •In the event a change is identified that affects the tasks, timeline, or cost of the project, Commonstreet Consulting shall determine any schedule and cost adjustments and submit an amendment request to the City of Bremerton for review. Approved changes will be executed by both parties as a change order to the agreement. CITY OF BREMERTON, WASHINGTON COMMONSTREET CONSULTING, LLC By: _______________________ By: __________________________ Name: _______________________ Name: __________________________ Title: _______________________ Title: __________________________ Date: _______________________ Date: _________________________S Rev. 06/2024 Commonstreet Consulting, LLC Schedule of Hourly Rates Principal / Sr. Advisor / Program Manager 306.00$ Sr. Project Manager 283.00$ Project Manager 188.00$ Sr. Right of Way Agent 155.00$ Right of Way Agent 125.00$ Sr. Project Control Specialist / Sr. ROW Technician 155.00$ Project Control Specialist / ROW Technician 115.00$ Sr. Field Manager 283.00$ Field Manager 188.00$ Sr. Property Management Specialist / Sr. Outreach and Engagement Specialist 155.00$ Property Management Specialist / Outreach and Engagement Specialist 125.00$ Terms and Conditions Subcontracted services will be invoiced at cost plus ten percent (+10%). This schedule of hourly rates is subject to a 5% increase annually from the contract date. Revised Exhibit A: Rates and Fees Schedule From: To: Cc: Subject: Date: Attachments: Brendan Perko City Council Aaron Elton; Greg Wheeler; Tom Wolfe; Thomas Knuckey; Tim Barker; Brian Hauschel; Jeremy Hall; Trisha Munson Bremerton Public Safety Meeting -20241107 - Commonstreet Presentation Friday, November 8, 2024 3:25:52 PM Bremerton Public Safety Meeting-20241107.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Council, At Council Member Frey’s request, please see attached Bremerton Public Safety Meeting -20241107 - Commonstreet Presentation. You will see a similar presentation during next week’s Study Session on November 13th. There will be a few more highlights and updated numbers to slides two (2) and three (3) capturing work performed from October 5th through November 8th. We appreciate the opportunity to present at the Public Safety Meeting yesterday afternoon at 1pm. Captain Elton (BPD) and Trisha Munson (Commonstreet) are always a pleasure to present with. Our entire team is grateful and honored to be a part of this strong program we are building together with the City of Bremerton, all its departments, and hardworking people. We are looking forward to connecting more individuals experiencing homelessness to the services they so desperately need and continuing to assist the City in the ongoing monitoring and maintenance of its property. Have a wonderful weekend! Kindly, Brendan Perko Project Manager 719.271.9606 | brendan@csrow.com | www.csrow.com Right of Way Services Acquisition | Relocation | Property Management | Homelessness Response Homelessness Response Property Management City of Bremerton Public Safety Meeting 11/7/2024 Departments Public Works Streets Parks Code Enforcement Police Department / Navigation Team Risk Management & City Legal Local Area Partners, County, and State Activities Lower Roto Vista / Warren Ave. Bridge Both locations remain clear Bremerton Community Theatre Cleaned on 10/2/2024 - Location remains clear Lulu Haddon Park Posted on 10/7/2024 - Cleaned on 10/10/2024 - Location remains clear Manette Bridge Posted on 10/10/2024 - Cleaned on 10/17/2024 - Location remains clear Broadway & Warren Ave. Playfield Increase presence on Broadway - No car camping issues for 6 weeks - Ongoing reports from neighbors but park being used as permitted/intended - Continued relationships developing - Verifying no illicit activities happening during visits NAD Park / WSDOT Partnership with WSDOT to provide outreach services and coordinate clean-up 2117 E Phinney Bay Dr. 2117 E Phinney Bay Dr. 2117 E Phinney Bay Dr. 2117 E Phinney Bay Dr. 2117 E Phinney Bay Dr. 2117 E Phinney Bay Dr. 2117 E Phinney Bay Dr. 2117 E Phinney Bay Dr. 2117 E Phinney Bay Dr. 2117 E Phinney Bay Dr. Items To Consider Provide Property and ROW management in addition to outreach and service coordination Private property coordination and assistance (Example: Phinney Bay Dr.) Homelessness related activities are up 50% since last year and have DOUBLED since 2020 98% of "cases" require NO police department response Commonstreet brings other subject matter experts, vendors, and partners from different Counties Streamline efforts for teaming and partnership when needed Testimonial "The work performed by Commonstreet helps make our staff more efficient and effective in a number of ways: 1. They separate individuals from garbage and coordinate with our staff to pick up. 2. They work with individuals to stage garbage in locations to allow our staff to efficiently pick it up. 3. They post encampments and ensure they’re vacated prior to our staff arriving to perform cleanups. 4. They check on past encampment areas to ensure they don’t become repopulated. 5. They act as a liaison between PW staff and individuals experiencing homelessness – our staff feel safer since they don’t interact directly with individuals in stress" Tom Knuckey Director of Public Works & Utilities City of Bremerton Testimonial "Commonstreet assists us with identifying what belongings would legally need to be kept for storage by PW when cleaning. I have contacted Commonstreet many times regarding legal issues in the right of way concerning items for removal from the city's side for protection.Commonstreet has significantly reduced dangerous confrontations we have had in the past concerning encampments." Chris Smith City Streets Response City of Bremerton AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: December 11, 2024 Ordinance to grant renewal of Telecommunications Franchise with Comcast Cable Communications Management, LLC COUNCIL MEETING Date: December 18, 2024 Department: Finance Presenter: Colleen Miko Phone: (360) 473-5014 SUMMARY: The current Comcast Franchise expired May 17th, 2024. The proposed ordinance grants an extension of the franchise to Comcast for a term of ten years through 2034. ATTACHMENTS: Ordinance No. ___________ Updated 12/9/24 5:00 PM FISCAL IMPACTS (Include Budgeted Amount): Franchise Fees annually of $297,202 and an annual PEG fee in the amount of $43,853 to fund BKAT Capital items. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ____ granting renewal of the Comcast Franchise, 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 A2   1                        CITY OF BREMERTON - Comcast Cable Television Franchise ORDINANCE NO. _____ AN ORDINANCE granting Comcast Cable Communications Management, LLC., the right, privilege, authority and franchise to construct, operate, maintain, reconstruct, repair and upgrade the Cable System upon, over, under, along, across and through the Franchise Area for the purpose of providing Cable Services, subject to the terms and conditions set forth in this Ordinance and applicable law. CABLE TELEVISION FRANCHISE This Cable Television Franchise (“Franchise”) is entered into in Bremerton, Washington, this _____ day of ______, 2024, by and between Bremerton, Washington a municipal corporation, hereinafter (“City” or “Grantor”) and Comcast Cable Communications Management, LLC (“Grantee”). City and Grantee are sometimes referred to hereinafter collectively as the “parties.” WHEREAS, the City has reviewed Grantee’s performance under the prior franchise and the quality of service during the prior franchise term, has identified the future cable-related needs and interests of the City and its citizens, has considered the financial, technical and legal qualifications of Grantee, and has determined that Grantee’s plans for constructing, operating and maintaining its Cable System are adequate, in a full public proceeding affording due process to all parties; and WHEREAS, the public has had adequate notice and opportunity to comment on Grantee’s proposal to provide cable television service within the City; and WHEREAS, the City has a legitimate and necessary regulatory role in ensuring the availability of cable communications service, and reliability of cable systems in its jurisdiction, the availability of local programming (including Public, Educational and Governmental Access programming) and quality Customer service; and WHEREAS, diversity in Cable Service programming is an important policy goal and the Grantee's Cable System should offer a wide range of programming services; and WHEREAS, Subscriber interests and competitive factors within the Cable Service market should be an essential characteristic of this Franchise; and WHEREAS, the City is authorized by applicable law to grant one or more nonexclusive Franchises to construct, operate and maintain cable systems within the boundaries of the City; and WHEREAS, in consideration of the mutual promises made herein, and other good and valuable consideration as provided herein, the receipt and adequacy of which are hereby acknowledged, City and Grantee do hereby agree as follows; NOW THEREFORE   2                        CITY OF BREMERTON - Comcast Cable Television Franchise THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:   3                        CITY OF BREMERTON - Comcast Cable Television Franchise THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: TABLE OF CONTENTS SECTION 1. DEFINITIONS ............................................................................................. 1  SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS ................................ 12  SECTION 4. ADMINISTRATION AND REGULATION ............................................. 15  SECTION 6. CUSTOMER SERVICE ............................................................................. 21  SECTION 7. REPORTS AND RECORDS ...................................................................... 22  SECTION 8. PROGRAMMING ...................................................................................... 25  SECTION 9. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS............ 26  SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION ............... 30  SECTION 11. CABLE SYSTEM DESIGN ..................................................................... 38  SECTION 12. INSTITUTIONAL NETWORK ............................................................... 38  SECTION 13. TECHNICAL STANDARDS ................................................................... 39  SECTION 14. SERVICE EXTENSION .......................................................................... 40  SECTION 15. STANDBY POWER AND EAS .............................................................. 41  SECTION 16. FRANCHISE BREACHES; TERMINATION OF FRANCHISE ........... 42  SECTION 17. FRANCHISE TRANSFER ....................................................................... 46  SECTION 18. PROHIBITED PRACTICES AND NOTICES ........................................ 48  SECTION 19. ABANDONMENT ................................................................................... 49  SECTION 20. MISCELLANEOUS PROVISIONS ........................................................ 49  SECTION 21. EFFECTIVE DATE. ................................................................................ 52    1                        CITY OF BREMERTON - Comcast Cable Television Franchise INTRODUCTORY STATEMENT CABLE TELEVISION FRANCHISE This Cable Television Franchise is entered into in Bremerton, Washington, this ______ day of ________ 2024, by and between the City of Bremerton, Washington a municipal corporation, hereinafter ("City") and Comcast Cable Communications Management, LLC. who is hereinafter known as ("Grantee"). City and Grantee are sometimes referred to hereinafter collectively as the "parties." SECTION 1. DEFINITIONS For the purposes of this Franchise and the Exhibits attached hereto the following terms, phrases, words and their derivations shall have the meanings given herein when indicated within the text of the Franchise by being capitalized. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined, or those defined, but not capitalized within the text shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. “Access” or “Access Programming” includes Public Access, Educational Access and Governmental Access, collectively, and means the availability for Noncommercial use by various governmental and educational agencies, institutions and organizations, in the community, including City and its designees, of particular channels on the Cable System to receive and distribute Video Programming to Subscribers, as permitted under Applicable Law, including, but not limited to: (A) “Public Access” means Access where any member of the general public may be a programmer on a nondiscriminatory basis, subject to operating rules formulated by the City or its designee. Such rules shall not be designed to control the content of public access programming. Such rules shall also address the extent to which and manner in which members of the general public who are not residents of the City may be programmers on the Access Channel. (A) “Educational Access” means Access where Schools are the primary users having editorial control over programming and services. (B) “Governmental Access” means Access where governmental institutions or their designees are the primary users having editorial control over programming and services. “Access Channel” means any Channel, or portion thereof, designated for Noncommercial Access purposes or otherwise made available to facilitate Access programming. “Access Fees” means the capital contribution paid to the City by the Grantee in accordance with section 9.7. “Access Origination Point” means the Location where PEG programming is managed and switched for final video and audio signal delivery to Grantee’s headend.   2                        CITY OF BREMERTON - Comcast Cable Television Franchise “Activation” or “Activated” means the status of any capacity on or part of the Cable System wherein the use of that capacity or part thereof may be made available without further installation of Cable System equipment other than Subscriber premise equipment, whether hardware or software. “Affiliated Entity” or “Affiliate” when used in connection with Grantee means any Person who owns or controls, is owned or controlled by, or is under common ownership or control of Grantee. “Applicable Law” means any statute, ordinance, judicial decision, executive order, or regulation having the force and effect of law that determines the legal status of a case or issue. “Bad Debt" means amounts lawfully owed by a Subscriber and accrued as revenues on the books of Grantee, but not collected after reasonable efforts by Grantee. “Basic Service” or “Basic Cable Service” means any Cable Tier that includes, at a minimum, the retransmission of local television Broadcast Signals (47 U.S.C. Section 522(3)). “Broadcast Signal” means a television or radio signal transmitted over the air to a wide geographic audience, and received by a Cable System off-the-air by antenna, microwave, satellite dishes or any other means. “Cable Act” means the Title VI of the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, and as amended by the Telecommunications Act of 1996, and any amendments thereto. “Cable Operator” means any Person or group of Persons, including Grantee, who provides Cable Service over the Cable System and directly or through one or more Affiliates owns a significant interest in such Cable System or who otherwise control(s) or is (are) responsible for, through any arrangement, the management and operation of the Cable System. “Cable Service” means the one-way transmission to Subscribers of Video Programming, or other programming service and Subscriber interaction, if any, that is required for the selection or use of such Video Programming or other programming service. “Cable System” or “System” means a facility, consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide Cable Service that includes Video Programming and that is provided to multiple Subscribers within a community, but such term does not include (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without using any public right-of-way; (3) a facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the federal Communications Act (47 U.S.C. Section 201 et seq.), except that such facility shall be considered a cable system (other than for purposes of Section 621(c) (47 U.S.C. Section 541(c)) to the extent such facility is used in the transmission of Video Programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; (4) an open video system that complies with Section 653 of the Cable Act; or (5) any facilities of any electric utility used solely for operating its electric utility systems. When used herein, the term "Cable System"   3                        CITY OF BREMERTON - Comcast Cable Television Franchise shall mean Grantee's Cable System in the Franchise Area unless the context indicates otherwise. “Channel” means a portion of the frequency band capable of carrying a Video Programming Service or combination of Video Programming Services, whether by analog or digital signal, on a twenty-four (24) hour per day basis or a portion thereof. “City” means the City of Bremerton, Washington, a municipal corporation, of the State of Washington. “Customer Service Representative” (or “CSR”) shall mean any person employed by Grantee to assist, or provide service to, Customers, whether by answering public telephone lines, writing service or installation orders, answering Customers' questions, receiving and processing payments, or performing other Customer service-related tasks. “Demarcation Point” is located at an Access origination site and shall be the termination panel or point of interconnection between the City’s encoded video and audio and the input to the Grantee’s optical transmitter where the City signal is transmitted over a fiber connection to Grantee’s Headend. “Designated Access Provider” means the entity or entities designated by the City to manage or co-manage Public, Educational or Governmental Access Channels and facilities. The City may be a Designated Access Provider. “Downstream Channel” means a Channel capable of carrying a transmission from the Headend to remote points on the Cable System. “Dwelling Unit” means any building or portion thereof that has independent living facilities, including provisions for cooking, sanitation and sleeping, and that is designed for residential occupancy. “Emergency” means a public safety emergency creating an immediate danger to property, life, health, or safety of any individual or person in, above, or under any Right-of-Way or a service interruption to a large number of Subscribers caused by an unforeseen or unanticipated failure. “FCC” means the Federal Communications Commission or its lawful successor. “Fiber Optic” means a transmission medium of optical fiber cable, along with all associated electronics and equipment capable of carrying electric light wave pulses. “Franchise” means the document in which this definition appears, that is executed between City and Grantee, containing the specific provisions of the authorization granted and the contractual and regulatory agreement created hereby. “Franchise Area” means the area within the jurisdictional boundaries of the City, including any areas annexed by City during the term of this Franchise.   4                        CITY OF BREMERTON - Comcast Cable Television Franchise “Franchise Fee” includes any tax, fee or assessment of any kind imposed by the City on the Grantee or Subscribers, or both solely because of their status as such. The term Franchise Fee does not include: (A) Any tax, fee or assessment of general applicability (including any such tax, fee, or assessment on both utilities and Cable Operators or their services, but not including a tax, fee, or assessment that is unduly discriminatory against Cable Operators or cable Subscribers); (B) Capital costs that are required by the Franchise to be incurred by the Grantee for Public, Educational or Governmental Access facilities, including the support required in Section 9.7. (C) Requirements or charges incidental to the awarding or enforcing of the Franchise, including payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages; or (D) Any fee imposed under Title l7, United States Code. “Grantee” means Comcast Cable Communications Management, LLC or its lawful successor, transferee, or assignee. “Gross Revenues” means and shall be construed broadly to include all revenues derived directly or indirectly by Grantee and an Affiliate that is the cable operator of the Cable System, from the operation of Grantee’s Cable System to provide Cable Services within the City. Grantee will calculate gross revenues in accordance with Generally Accepted Accounting Principles (“GAAP”). Gross revenues include, by way of illustration and not limitation: • monthly fees for Cable Services, regardless of whether such Cable Services are provided to residential or commercial Subscribers, including revenues derived from the provision of all Cable Services (including but not limited to Basic, digital starter, pay or premium Cable Services, other digital Cable Services, pay-per-view, pay-per-event, and video-on-demand Cable Services); • installation, reconnection, downgrade, upgrade, or similar charges associated with changes in subscriber Cable Service levels and/or service calls and additional outlets; • fees paid to Grantee for channels designated for commercial/leased access use, which shall be allocated on a pro rata basis using total Cable Service Subscribers within the City; • converter, remote control, and other Cable Service equipment rentals, leases, or sales; • Advertising Revenues as defined herein; • late fees, convenience fees, and administrative fees, which shall be allocated on a pro rata basis using Cable Services revenue as a percentage of total Subscriber revenues within the City; • revenues from program guides; • Franchise Fees; • FCC Regulatory Fees;   5                        CITY OF BREMERTON - Comcast Cable Television Franchise • Except as provided in subsection (B) below, any fee, tax, or other charge assessed against Grantee by a municipality, which Grantee chooses to pass through and collect from its Subscribers; • commissions from home shopping Channels and other Cable Service revenue sharing arrangements, which shall be allocated on a pro rata basis using total Cable Service Subscribers within the City. • payments or other consideration received from programmers for carriage of programming on the Cable System and recognized as revenue under GAAP; and (A) “Advertising Revenues” shall mean revenues derived from sales of advertising that are made available to Grantee’s Cable System Subscribers within the City and shall be allocated on a pro rata basis using total Cable Service Subscribers reached by the advertising. Additionally, Grantee agrees that Gross Revenues subject to Franchise Fees shall include all commissions, representative fees, Affiliate fees, or rebates paid to Ampersand and Effectv or their successors or other affiliated advertising agencies associated with sales of advertising on the Cable System within the City and allocated according to this subsection using total Cable Service Subscribers reached by the advertising. (B) “Gross Revenues” shall not include: • Bad Debt, provided, however, that all or part of any such Bad Debt that is written off but subsequently collected shall be included in Gross Revenues in the period collected; • any taxes and/or fees on services furnished by the Grantee which are imposed directly on any Subscriber or user by the State, City or other governmental unit and which are collected by the Grantee on behalf of said governmental unit, provided that Franchise Fees and the FCC regulatory fee shall not be regarded as such a tax or fee; • fees imposed by any municipality, state, or other governmental unit on Grantee, including but not limited to capital expense reimbursements in the form of Public, Educational and Governmental (PEG) Fees, provided that Franchise Fees and the FCC regulatory fee shall not be regarded as such a tax or fee; • Launch fees and marketing co-op fees; and • Unaffiliated third-party advertising sales agency fees which are reflected as a deduction from revenue. (C) To the extent revenues are received by Grantee for the provision of a discounted bundle of services which includes Cable Services and non-Cable Services, Grantee shall calculate revenues to be included in Gross Revenues using a methodology that allocates revenue on a pro rata basis when comparing the bundled service price and its components to the sum of the published rate card, except as required by specific federal, State or local law. The allocations shall be done for each bundled package separately, and updated and revised within sixty (60) days, each time an element within the package has its rate card changed including when an element is substituted for another element within the bundled package. It is expressly understood that equipment may be subject to inclusion in the bundled price at full rate card value. This calculation shall be applied to every bundled service package containing Cable Service from which Grantee   6                        CITY OF BREMERTON - Comcast Cable Television Franchise derives revenues in the City. The City reserves its right to review and to challenge Grantee’s calculations. (D) Grantee reserves the right to change the allocation methodologies set forth herein in order to meet the standards required by GAAP as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Grantee will explain and document the required changes to the City with the next payment report following such changes, and as part of any audit or review of Franchise Fee payments. If new Cable Service revenue streams develop from Grantee’s operation of its Cable System within the City, those new revenue streams shall be included within Gross Revenues, unless the parties agree otherwise. (E) Resolution of any disputes over the classification of revenue should first be attempted by agreement of the Parties, but should no resolution be reached, the Parties agree that reference shall be made to generally accepted accounting principles (“GAAP”) as promulgated and defined by the FASB, EITF and/or the SEC. Notwithstanding the foregoing, the City reserves its right to challenge Grantee’s calculation of Gross Revenues, including the application of GAAP to Franchise Fees and the interpretation of GAAP as promulgated and defined by the FASB, EITF and/or the SEC. “Headend” or “Hub” means any Facility for signal reception and dissemination on a Cable System, including cable, antennas, wires, satellite dishes, monitors, switchers, modulators, processors for Broadcast Signals or other signals, and all other related equipment and Facilities. “Institutional Network” means that part of the Cable System facilities or capacity designated for use by non-residential Subscribers including communications to, from and among government agencies and other public agencies. “Interconnect” or “Interconnection” means the provision of electronic linkage of City Access Channel programming to geographically contiguous cable systems served by Grantee’s Headend located in the Kitsap County system, including technical, engineering, physical, and other necessary components to accomplish, complete and adequately maintain such provisioning. “Leased Access Channel” means any Channel or portion of a Channel commercially available for programming in accordance with Section 612 of the Cable Act. “Local Origination Return Line” means the signal transport system, fiber optic, that carries video and audio from remote content origination locations to the Access Origination Point. “Local Origination Site” means location(s) within City’s franchisors boundaries where live access video and audio is generated to be sent to the Access Origination Point for use in the Access channel programming. Locations typically include but are not limited to: City halls, schools, libraries, sports complexes, etc.   7                        CITY OF BREMERTON - Comcast Cable Television Franchise “Locally Scheduled Qualified Programming” means Public Access, Government Access or Educational Access programming that is created by or broadcast by the City or their designated access provider(s) including edited and unedited coverage of live original programming. Such Locally Scheduled Qualified Programming shall not be considered as qualifying as such after three (3) cablecasts (initial, first repeat and second repeat). Automated Video Programming filler, such as cablecasts of highways and roads, or video bulletin boards does not constitute Locally Scheduled Qualified Programming that qualifies herein. “Noncommercial” means, in the context of Access Channels, those particular products and services that are not promoted or sold. This term shall not be interpreted to prohibit an Access Channel operator or programmer from soliciting and receiving contributions used to produce and transmit Video Programming on an Access Channel, or from acknowledging a contribution, in the manner of the Corporation for Public Broadcasting or some similar manner, subject to Applicable Law. “Normal Business Hours” means those hours during which most similar businesses in the community are open to serve Customers. In all cases, "normal business hours" must include some evening hours at least one night per week (Monday through Friday) and some hours on weekends (Saturday and Sunday). “Normal Operating Conditions” means those service conditions that are within the control of the Grantee. Those conditions that are not within the control of the Grantee include, but are not limited to, natural disasters, pandemics, civil disturbances, power outages, telephone network outages, severe or unusual weather conditions, and availability of materials, equipment or labor. Those conditions that are ordinarily within the control of the Grantee include, but are not limited to, regular peak or seasonal demand periods and maintenance or upgrade of the Cable System. “Person” means any natural person, sole proprietorship, partnership, joint venture, association, or limited liability entity or corporation, or any other form of entity or organization. “Qualified I-NET Users” means (i) the City; (ii) other governmental and public agencies, and libraries; and (iii) other entities that Grantee and City agree may use the I-NET. “Rights-of-Way” means land acquired for or dedicated to the public or are hereafter acquired or dedicated to the public and maintained under public authority, including but not limited to public streets or roads, highways, avenues, lanes, alleys, bridges, sidewalks and areas behind sidewalks, easements, and similar public property located within the Franchise Area. “School” means any State accredited K-12 public or private educational institution, located in the City, not including home schools, prisons or jails (provided that state accredited juvenile schools within prisons or jails shall be included). “Service Interruption” means the loss of picture or sound on one or more cable Channels.   8                        CITY OF BREMERTON - Comcast Cable Television Franchise “Standard Installation” means an installation scheduled within seven (7) business days after an order has been placed unless the Customer agrees to a later date for installation. “Standard” installations are those that are located up to 125 aerial feet or sixty (60) underground feet from the existing access point in the distribution system provided that this does not require extensive boring or the use of costly construction equipment. “State” means the State of Washington. “Subscriber” or “Customer” means any Person (including those under a bulk billing arrangement) who lawfully receives Cable Services provided by Grantee by means of the Cable System with Grantee's express permission. Said permission may be withdrawn and customer disconnected by Grantee at Grantee’s discretion. “Tier” means a category of Cable Services provided by the Grantee for which a separate rate is charged. “Video Programming” means programming provided by, or generally considered comparable to programming provided by, a television broadcast station (47 U.S.C. Section 522(20)). SECTION 2. GRANT OF FRANCHISE 2.1 Grant (A) City hereby grants to Grantee a nonexclusive authorization to make reasonable and lawful use of the Rights-of-Way within the Franchise Area to construct, operate, maintain, reconstruct, repair and upgrade the Cable System, subject to the terms and conditions set forth in this Franchise and Applicable Law. This Franchise shall constitute both a right and an obligation to provide Cable Service and fulfill the obligations set forth in the provisions of this Franchise. (B) The Grantee, through this Franchise, is granted the right to operate its Cable System using the public Rights-of-Way within the Franchise Area in compliance with Chapter 11.01 of the Bremerton Municipal Code, as may be amended periodically, and all lawfully enacted applicable construction codes and regulations. The Grantee specifically agrees to comply with the provisions of City ordinances provided that in the event of a conflict between the provisions of ordinances and the Franchise, the express provisions of the Franchise shall govern. Subject to federal and State preemption, the material terms and conditions contained in this Franchise may not be unilaterally altered by the City through subsequent amendment to any ordinance, rule, regulation, resolution, or other enactment of City, except in the lawful exercise of City’s police power. Grantee acknowledges that the City may modify its generally applicable regulatory policies by lawful exercise of the City’s police powers throughout the term of this Franchise. Grantee agrees to comply with such lawful modifications unless there is a conflict with Grantee’s negotiated rights hereunder. Grantee reserves all rights it may have to challenge such lawful modifications whether arising in contract or at law. The City reserves all of its rights and defenses to such challenges whether arising in contract or at law.   9                        CITY OF BREMERTON - Comcast Cable Television Franchise (C) This Franchise shall not be interpreted to prevent the City from imposing other conditions, to the extent permitted by law. (D) Grantee agrees, as a condition of exercising the privileges granted by this Franchise, that any Affiliate of the Grantee that is a Cable Operator of the Cable System in the Franchise Area, as defined herein, or directly involved in the management or operation of the Cable System in the Franchise Area, will comply with the terms and conditions of this Franchise. (E) No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example and not limitation, this Franchise shall not include or be a substitute for: (1) Any other generally applicable permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City. (2) Any generally applicable permit, agreement or authorization required by the City for Rights-of-Way users in connection with operations on or in Rights-of-Way or public property; or (3) Any generally applicable permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Franchise including without limitation, permits for placing devices on poles, in conduits or in or on other structures. (F) This Franchise is intended to convey limited rights and interests only as to those Rights-of-Ways in which the City has an actual interest. It is not a warranty of title or interest in any Rights-of-Way; it does not provide the Grantee with any interest in any particular location within the Rights-of-Way; and it does not confer rights other than as expressly provided in the grant hereof. (G) This Franchise authorizes Grantee to engage in providing Cable Service, as that term is defined in 47 U.S.C. Sec. 522(6), as amended. Neither the City nor the Grantee waive any rights they may have under Applicable Law as to the lawful use of the Cable System for other services and the regulatory obligations related to such services. 2.2 Use of Rights-of-Way (A) Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, through, below and along the Rights-of-Way within the Franchise Area, such wires, cables (both coaxial and Fiber Optic), conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of and provision of a Cable System within the Franchise Area. Grantee shall comply with all lawfully enacted and applicable construction codes, laws, ordinances, regulations and procedures regarding placement and installation of Cable System facilities in the Rights-of Way.   10                        CITY OF BREMERTON - Comcast Cable Television Franchise (B) Grantee must follow City-established requirements, including Title 11 of the Bremerton Municipal Code, as may be amended periodically, as well as all other City codes, ordinances and other regulations regarding placement of Cable System facilities in Rights-of- Way, including the specific location of facilities in the Rights-of-Way. The Grantee must in any event install Cable System facilities in a manner that minimizes interference with the use of the Rights-of-Way by others, including others that may be installing communications facilities. Within limits reasonably related to the City’s role in protecting public health, safety and welfare, the City may require that Cable System facilities be installed at a particular time, at a specific place or in a particular manner as a condition of access to a particular Rights-of- Way; may deny access if Grantee is not willing to comply with City's requirements; and may remove, or require removal of, any facility that is not installed in compliance with the requirements established by City, or that is installed without prior City approval of the time, place or manner of installation and charge Grantee for all the costs associated with removal; and City may require Grantee to cooperate with others to minimize adverse impacts on the Rights-of-Way through joint trenching and other arrangements. Grantee shall assume its costs (in accordance with Applicable Law) associated with any requirement of City in the exercise of its police powers, to relocate its Cable System facilities located in the Rights-of-Way provided the same is consistent with State law. 2.3 Term This Franchise is and shall remain in full force and effect for a period of ten (10) years from and after the effective date of this Ordinance, subject to acceptance of this Franchise by Grantee pursuant to Section 20.16. This Ordinance may be extended in term, by mutual consent, and in writing pursuant to Section 20.16. 2.4 Effective Date (A) This Franchise and the rights, privileges, and authority granted hereunder and the contractual relationship established hereby shall take effect and be in force from and after the effective date of this Franchise as specified in this Section and for the duration of the term as specified in Section 2.3. (B) The effective date of this Franchise shall be ten business days after its adoption. (C) The grant of this Franchise shall have no effect on the Grantee’s duty under any ordinances or franchise in effect prior to the Effective Date of this Franchise or any effect on the Grantee’s duty while it continued to be bound by the terms and conditions of such ordinances or franchise between the time of the expiration date of such franchise until the Effective Date of this Franchise to indemnify or insure the City against previous acts and omissions occurring during the period that the prior Franchise was in effect, nor shall it have any affect upon liability to pay all or to pay any Franchise Fees, capital contributions, business and utility taxes or any other payments due under any ordinances or franchise in effect or under any such ordinances or franchise under which Grantee continued to operate the Cable System in the City prior to the Effective Date of this Franchise. 2.5 Franchise Nonexclusive   11                        CITY OF BREMERTON - Comcast Cable Television Franchise This Franchise shall be nonexclusive, and subject to all prior rights, interests, easements, or franchises granted by City or its predecessors to any Person to use any property, Right-of-Way, easement, including the right of City to use same for any purpose it lawfully deems fit, including the same or similar purposes allowed Grantee hereunder. City may at any time grant authorization to use the Rights-of-Way for any purpose not incompatible with Grantee's authority under this Franchise and for such additional franchises for Cable Systems, as City deems appropriate. 2.6 Grant of Other Franchises (A) Grantee acknowledges and agrees that the City reserves the right to grant one or more additional cable system franchise agreements or other similar lawful authorization to utilize the Rights-of-Way in order to provide Cable Services or similar video programming service within the City. If the City grants such an additional agreement or other similar lawful authorization that permits other providers to utilize the Rights-of-Way for Cable Services or similar video programming services containing material terms and conditions that differ from Grantee's material obligations under this Franchise Agreement, or declines to require such agreement or other similar lawful authorization where it has the legal authority to do so, then the parties agree that the obligations in this Franchise Agreement will be amended to include material terms or conditions that it makes available to the new entrant within ninety (90) days of the Grantee’s request, so as to ensure that the regulatory and financial burdens on each entity are materially equivalent. “Material terms and conditions” include: franchise fees; insurance; system build-out requirements; security instruments; public education and government Access Channels and support; customer service standards; required reports and related record keeping; and notice and opportunity to cure breaches. If any such additional or competitive franchise is granted by the City which, in the reasonable opinion of the Grantee, contains more favorable or less burdensome terms or conditions than this Franchise, the City agrees that it shall amend this Franchise to include any more favorable or less burdensome terms or conditions in a manner mutually agreed upon by City and Grantee. (B) In the event an application for a new cable television franchise is filed with the City proposing to serve the Franchise Area, in whole or in part, the City shall provide notice of such application. (C) In the event that a wireline cable system multichannel video programming distributor provides video service to the residents of the City under the authority granted by federal or State legislation or other regulatory entity, the Grantee shall have a right to request Franchise amendments that relieve the Grantee of regulatory burdens that create a competitive disadvantage to the Grantee. In requesting amendments, the Grantee shall file a petition seeking to amend the Franchise. Such petition shall: (1) indicate the presence of such cable system wireline competitor; (2) identify the basis for Grantee’s belief that certain provisions of the Franchise place Grantee at a competitive disadvantage; and (3) identify the regulatory burdens to be amended or repealed in order to eliminate the competitive disadvantage. The City shall not unreasonably withhold consent to the Grantee’s petition. 2.7 Familiarity with Franchise   12                        CITY OF BREMERTON - Comcast Cable Television Franchise The Grantee acknowledges and warrants by acceptance of the rights, privileges and agreement granted herein, that it has carefully read and fully comprehends the terms and conditions of this Franchise and is willing to and does accept all reasonable risks of the meaning of the provisions, terms and conditions herein. The Grantee further acknowledges and states that it has fully studied and considered the requirements and provisions of this Franchise, and finds that the same are commercially practicable at this time and consistent with all local, State and federal laws and regulations currently in effect, including the Cable Act. 2.8 Effect of Acceptance By accepting the Franchise, the Grantee: (1) acknowledges and accepts the City's legal right to issue and enforce the Franchise as allowed under Applicable Law and regulation affecting the Cable System; (2) accepts and agrees to comply with each and every provision of this Franchise subject to Applicable Law; and (3) agrees that the Franchise was granted pursuant to processes and procedures consistent with Applicable Law, and that it will not raise any claim to the contrary. 2.9 Police Powers Grantee's rights hereunder are subject to the police powers of City to adopt and enforce ordinances necessary to the safety, health and welfare of the public, and Grantee agrees to comply with all Applicable Laws, ordinances and regulations lawfully enacted pursuant to the police powers of City, or hereafter enacted in accordance therewith, by City or any other legally constituted governmental unit having lawful jurisdiction over the subject matter hereof. The City reserves the right to exercise its police powers, notwithstanding anything in this Franchise to the contrary. SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS 3.1 Franchise Fee As compensation for the use of City's Rights-of-Way, Grantee shall pay as a Franchise Fee to City, throughout the duration of this Franchise, an amount equal to five percent (5 %) of Grantee's Gross Revenues. Accrual of such Franchise Fee shall commence as of the effective date of this Franchise. 3.2 Payments Grantee's Franchise Fee payments to City shall be computed quarterly for the preceding calendar quarter ending March 31, June 30, September 30, and December 31. Each quarterly payment shall be due and payable no later than forty-five (45) days after said dates. 3.3 Acceptance of Payment No acceptance of any payment shall be construed as an accord by City that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim City may have for further or additional sums payable or for the performance of any other obligation of Grantee. The period of limitation for recovery of Franchise Fees payable hereunder shall be six (6) years from the date on which payment by the Grantee was due or such shorter period of time if so provided by law.   13                        CITY OF BREMERTON - Comcast Cable Television Franchise 3.4 Quarterly Franchise Fee Reports Each payment shall be accompanied by a written report to City on a form commonly used by Grantee, verified by an officer of Grantee, containing an accurate statement in summarized form, of Grantee's Gross Revenues and the computation of the payment amount. Such reports shall include all Gross Revenues of the Cable System. Reports shall be provided no later than 45 days after the last day of the prior quarter and delivered either electronically or in hard copy to the City’s Finance Department contact. 3.5 Audits On an annual basis, upon thirty (30) days' prior written notice, City shall have the right to conduct an independent audit of Grantee's financial records necessary to enforce compliance with this Franchise and to calculate any amounts determined to be payable under this Franchise. Provided Grantee cooperates in making all relevant records available upon request, City will in good faith attempt to complete each audit within six (6) months, and the audit period shall not be any greater than the previous six (6) years or such shorter period of time if so provided by law. Any additional amounts due to the City as a result of the audit shall be paid within sixty (60) days following written notice to the Grantee, and Grantee's agreement that the audit findings are correct, which notice shall include a copy of the audit findings. If a Franchise Fee underpayment is discovered as the result of an audit, Grantee shall pay, in addition to the amount due, interest at the maximum allowed rate as provided under State law calculated from the date the underpayment was originally due until the date the City receives the payment. If the audit shows that Franchise Fees have been underpaid, by five percent (5%) or more in a calendar year, Grantee shall pay the cost of the audit in an amount up to $15,000 for the audit. 3.6 Financial Records Grantee agrees to meet with a representative of the City upon written request to review Grantee's methodology of record-keeping, financial reporting, the computing of Franchise Fee obligations and other procedures, the understanding of which the City deems necessary for reviewing reports and records that are relevant to the enforcement of this Franchise. Reporting shall be provided on a quarterly and annual basis, as per the Franchise, and shall include the Cable System revenues of multi-family developments that are provided services. 3.7 Interest on Late Payments In the event any payment is not received within forty-five (45) days from the end of the scheduled payment period, Grantee shall pay, in addition to the payment or sum due, interest from the due date at the prime rate as listed in the Wall Street Journal on the date the payment was due, until the date the City receives the payment. The period of limitation for recovery of franchise fees payable hereunder shall be six (6) years from the date on which payment by the Grantee was due. 3.8 Maximum Franchise Fee   14                        CITY OF BREMERTON - Comcast Cable Television Franchise The parties acknowledge that, at present, applicable federal law limits City to collection of a Franchise Fee of five percent (5%) of Gross Revenues in any twelve (l2) month period. In the event that at any time throughout the term of this Franchise, City is authorized to collect an amount in excess of five percent (5%) of Gross Revenues in any twelve (l2) month period, the parties hereby agree to amend the Franchise after written notice to Grantee, and a public meeting to discuss same provided that all cable systems in the Franchise Area over which the City has jurisdiction are treated in an equivalent manner. In the event that at any time throughout the term of this Franchise, City is limited by federal law to collecting an amount which is less than five percent (5%) of Gross Revenues in any twelve (l2) month period, Grantee may reduce the Franchise Fee payments to the City in accordance with federal law and the parties hereby agree to amend the Franchise unless the City would be covered under grandfathered provisions under federal law to keep the Franchise Fee at 5% of Gross Revenues. 3.9 Additional Commitments Not Franchise Fees The Access capital contribution pursuant to Section 9.7, as well as any charges incidental to the awarding or enforcing of this Franchise (including, without limitation, payments for bonds, security funds, letters of credit, insurance, indemnification, penalties or liquidated damages) and Grantee’s costs of compliance with Franchise obligations regarding compliance with customer service standards and build out requirements shall not be offset against Franchise Fees. Furthermore, the City and Grantee agree that any local tax of general applicability shall be in addition to any Franchise Fees required herein, and there shall be no offset against Franchise Fees. Notwithstanding the foregoing, Grantee reserves all rights to offset cash or non-cash consideration or obligations from Franchise Fees, consistent with Applicable Law. The City likewise reserves all rights it has under Applicable Law. Should Grantee elect to offset the items set forth herein, or other Franchise commitments against the Franchise Fees in accordance with Applicable Law, including any Orders resulting from the FCC, Grantee shall provide the City advance written notice and up to one hundred-twenty (120) days to make an election as to an offset from Franchise Fees or modification of the obligation as set forth in Applicable Law by amendment of this Franchise. City’s failure to determine such offset or act to amend this Franchise shall not preclude Grantee from following through on its offset notice to the City. Nothing in this section shall be construed to prohibit the City from challenging Grantee’s offset cost calculations for consistency with Applicable Law. Should the City challenge any offset cost calculations imposed by Grantee for signal carriage or for return line maintenance costs under Section 9.8, Grantee agrees to continue to carry the City’s signal pending final resolution of the matter. 3.10 Payment on Termination If this Franchise terminates for any reason, the Grantee shall file with the City within one hundred twenty (120) calendar days of the date of the termination, a financial statement, certified by an independent certified public accountant, showing the Gross Revenues received by the Grantee since the end of the previous fiscal year. Within forty-five (45) days of the filing of the certified statement with the City, Grantee shall pay any unpaid amounts as indicated. If the Grantee fails to satisfy its remaining financial obligations as required in this Franchise, the City may do so by utilizing the funds available in a Letter of Credit or other security provided by the Grantee. 3.11 Additional Compensation In the event that Franchise Fees are prohibited by any law or regulation, Grantee shall pay to the City that amount, if any, which is determined by Applicable Law.   15                        CITY OF BREMERTON - Comcast Cable Television Franchise 3.12 Tax Liability The Franchise Fees shall be in addition to and there shall not be any offset against Franchise Fees for generally applicable taxes and fees which are now or hereafter required to be paid by businesses in accordance with Applicable Law, including, the City Utility Tax (or any lawful amendment or modification thereto or any successor provision thereto) or Business or Occupation Tax and any and all taxes or other levies or assessments which are now or hereafter required to be paid by businesses by any law of the City, the State or the United States including, without limitation, sales, use, utility and other taxes, and business license fees. SECTION 4. ADMINISTRATION AND REGULATION City shall be vested with the power and right to administer and enforce the requirements of this Franchise and the regulations and requirements of Applicable Law including the Cable Act, or to delegate that power and right of administration, or any part thereof, to the extent permitted under federal, State and local law, to any agent in the sole discretion of the City. 4.1 Rates and Charges and Customer Communication All of Grantee’s rates and charges related to or regarding Cable Services shall be subject to regulation by the City to the full extent authorized by applicable federal, State, and local laws. 4.2 No Rate Discrimination All Grantee rates and charges shall be published (in the form of a publicly-available rate card), and shall be non-discriminatory as to all Persons of similar classes, under similar circumstances and conditions, to the extent required by Applicable Law. Grantee shall apply its rates in accordance with governing law. Nothing herein shall be construed to prohibit: (A) The temporary reduction or waiving of rates or charges in conjunction with promotional campaigns; (B) The offering of reasonable discounts to similarly situated Persons; (C) The offering of rate discounts for either Cable Service generally; or (D) The offering of bulk discounts for Multiple Dwelling Units. 4.3 Filing of Rates and Charges Throughout the term of this Franchise, Grantee shall maintain on file with City a complete schedule of applicable rates and charges for Cable Services provided under this Franchise. Nothing in this subsection shall be construed to require Grantee to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns. 4.4 Time Limits Strictly Construed Whenever this Franchise sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a breach of this Franchise.   16                        CITY OF BREMERTON - Comcast Cable Television Franchise 4.5 Performance Evaluation (A) Special evaluation sessions may be held at any time upon request by City during the term of this Franchise following Grantee’s repeated failure to comply with the terms of this Franchise. (B) All evaluation sessions shall be open to the public and announced at least one week in advance in a newspaper of general circulation in the Franchise Area. (C) Topics that may be discussed at any evaluation session may include those issues surrounding Grantee’s failure to comply with the terms of the Franchise provided that nothing in this subsection shall be construed as requiring the renegotiation of this Franchise or any term or provision therein and further provided that this subsection need not be followed before other legal or equitable remedies within this Franchise. 4.6 Leased Access Channel Rates Upon request, Grantee shall provide a complete schedule of current rates and charges for any and all Leased Access Channels, or portions of such Channels, provided by Grantee. 4.7 Late Fees (A) For purposes of this subsection, any assessment, charge, cost, fee or sum, however, characterized, that the Grantee imposes upon a Subscriber solely for late payment of a bill is a late fee and shall be applied in accordance with Applicable Law. (B) The Grantee’s late fee and disconnection policies and practices shall be nondiscriminatory, and such policies and practices, and any fees imposed pursuant to this subsection, shall apply equally in all parts of the City without regard to the neighborhood or income level of the subscribers. SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS 5.1 Indemnification (A) General Indemnification. Grantee, at its sole cost and expense, shall indemnify, defend and hold City, its officers, officials, boards, commissions, agents, representatives, and employees, harmless from any action or claim for injury, damage, loss, liability, settlement, proceeding, judgment, or cost or expense, including court and appeal costs and attorneys' fees and expenses, arising from any casualty or accident to Person or property, including, without limitation, copyright infringement, defamation, and all other damages in any way arising out of, or by reason of, any construction, excavation, erection, operation, maintenance, repair or reconstruction, or any other act done under this Franchise, by or for Grantee, its authorized agents, or by reason of any neglect or omission of Grantee its authorized agents or its employees and Grantee’s acts, errors, omissions, conduct, activity, or work arising from or in connection with this Franchise Agreement. Grantee shall consult and cooperate with the City while conducting its defense of the City.   17                        CITY OF BREMERTON - Comcast Cable Television Franchise (B) Indemnification for Relocation. Subject to Applicable Law, Grantee shall indemnify City for any damages, claims, additional costs, or expenses payable by City directly or indirectly related to, arising solely out of or resulting solely from Grantee’s failure to properly install, remove, adjust or relocate any of its facilities in the streets in accordance with any lawful relocation required by City. (C) Additional Circumstances. Grantee shall also indemnify, defend and hold City harmless for any claim for injury, damage, loss, liability, cost and expense, including court and appeal costs and attorneys' fees and expenses in any way arising out of any failure by Grantee to secure consents from the owners, authorized distributors or franchisees/licensors of programs to be delivered by the Cable System, provided however, that Grantee will not be required to indemnify the City for any claims arising out of the use of Access Channels by the City and/or its Designated Access Providers or use by the City of the Emergency Alert System. (D) Procedures and Defense. If a claim or action arises, City shall tender the defense of the claim or action to Grantee, which defense shall be at Grantee's expense. City may participate in the defense of a claim and, in any event, Grantee may not agree to any settlement of claims financially affecting City without City's written approval that shall not be unreasonably withheld. (E) Duty of Defense. The fact that Grantee carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification under this Section. (F) Duty to Give Notice. The City shall give the Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. (G) Separate Representation. If separate representation to fully protect the interests of both parties is necessary, such as a conflict of interest between the City and the counsel selected by Grantee to represent the City, Grantee shall select other counsel without conflict of interest with the City. (H) Concurrent Negligence. Should a court of competent jurisdiction determine that a particular activity conducted under this Franchise is subject to RCW 4.24.115, this Section 5.1 (H) shall apply. Where liability for damages arising out of bodily injury to persons, death, or damages to property is caused by or resulting from the concurrent negligence of the Grantee and the City, Grantee’s liability shall be only to the extent of Grantee negligence. (I) It is further specifically and expressly understood that the indemnification provided herein constitutes Grantee’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement.   18                        CITY OF BREMERTON - Comcast Cable Television Franchise 5.2 Insurance Requirements (A) General Requirement. Grantee shall, at its own expense, purchase and maintain the minimum insurance required herein with companies duly licensed to issue insurance in the State of Washington possessing a current A.M. Best, Inc. Rating of A VII or better and shall maintain in full force and effect at its own cost and expense each of the following policies of insurance: (1) Commercial General Liability coverage for bodily injury, personal injury, and property damage with limits of no less than five million dollars ($5,000,000) per occurrence. The general aggregate limit shall be no less than five million dollars ($5,000,000). Such insurance shall name the City, the City’s officers, officials, boards, commissions, agents, representatives, volunteers and employees as additional insureds. (2) Commercial Automobile Liability Insurance with minimum combined single limits of at least five million dollars ($5,000,000) each occurrence and five million dollars ($5,000,000) aggregate with respect to each of Grantee’s owned, hired and non-owned, or any other vehicles assigned to or used in any activities authorized under or used in conjunction with this Franchise. (3) Employer’s Liability with limits of at least one million dollars ($1,000,000). (5) Workers’ Compensation insurance shall be maintained during the life of this Franchise to comply with State law for all employees. The amounts listed above are the minimum deemed necessary by City to protect City’s interests in this matter. City has made no recommendation to the Grantee as to the insurance necessary to protect Grantee’s interests and any decision by the Grantee to carry or not carry insurance amounts in excess of the above is solely that of the Grantee. Grantee shall be responsible for judgments, settlements, damages, costs, attorneys’ fees and expenses that exceed limits of Grantee’s insurance coverage. (B) Each policy shall provide that the insurance shall not be canceled or terminated so as to be out of compliance with these requirements without forty-five (45) days’ written notice first provided to the City via mail, and ten (10) days’ notice for nonpayment of any premium. If the insurance is canceled or terminated or materially diminished so as to be out of compliance with the requirements of this Franchise, Grantee shall provide a replacement policy. Grantee agrees to maintain continuous uninterrupted insurance coverage, in at least the amounts required, until all work required to be performed under the terms of this Franchise is satisfactorily completed and, in the event any insurance policy required by this Franchise shall be written on a claims made basis, Grantee agrees to keep such policy in place as well as Commercial General Liability Insurance, for at least one (1) year past completion and acceptance of Grantee’s work or services and one year beyond expiration or termination of this Franchise. Any failure of Grantee to comply with the claim reporting provisions of the policy(ies) or any breach of an insurance policy warranty shall not affect coverage afforded under the policy to protect the City. However,   19                        CITY OF BREMERTON - Comcast Cable Television Franchise if coverage is not afforded under these circumstances, Grantee will indemnify City for losses City otherwise would have been covered for as an additional insured. All insurance policies, except Workers Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its officers, officials, agents, and employees for any claims arising out of Grantee’s work or service. Grantee solely shall be responsible for deductibles and/or self-insured retention, and City, at its option, may require Grantee to secure the payment of such deductible or self-insured retention by a surety bond or an irrevocable Letter of Credit. (C) Endorsements. (1) All policies shall contain, or shall be endorsed so that: (a) The City, and the City’s officers, officials, boards, commissions, agents, representatives, and employees are to be covered as, and have the rights of, additional insureds with respect to liability arising out of activities performed by, or on behalf of, Grantee under this Franchise or Applicable Law, or in the construction, operation, upgrade, maintenance, repair, replacement or ownership of the Cable System; (b) Grantee's insurance coverage shall be primary insurance with respect to the City, City Council and the City’s officers, officials, boards, commissions, agents, and employees. Any insurance or self-insurance maintained by the City, City Council and the City’s officers, officials, boards, commissions, agents, representatives, volunteers or employees shall be in excess of the Grantee's insurance and shall not contribute to it, provided the occurrence arises out of Grantee's acts, omissions or negligence; and (c) Grantee's insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability. (D) Verification of Coverage. The Grantee shall furnish the City with certificates of insurance and an endorsement reflecting additional insured status. The certificates for each insurance policy shall be signed by facsimile signature of a person authorized by the insurer to bind coverage on its behalf. The certificates for each insurance policy are to be on standard forms or such forms as are consistent with standard industry practices, and are to be received and approved by the City at the time of acceptance of this Franchise by Grantee with existing insurance coverage to be maintained by Grantee until that date. The Grantee hereby warrants that its insurance policies satisfy the requirements of this Franchise. 5.3 Security   20                        CITY OF BREMERTON - Comcast Cable Television Franchise (A) Grantee shall provide a performance bond in the amount of twenty-five thousand dollars ($25,000) to ensure the faithful performance of its responsibilities under this Franchise and Applicable Law, including, by way of example and not limitation, its obligations to relocate and remove its facilities and to restore City Rights-of-Way and other property. Grantee may be required to obtain additional bonds, such as generally applicable construction bonds, in accordance with the City's ordinary practices. The construction bond and performance bond shall be in a standard industry form. Grantee shall pay all premiums or costs associated with maintaining the bond(s), and shall keep the same in full force and effect at all times. Except as expressly provided herein, the Grantee shall not be required to obtain or maintain other bonds as a condition of being awarded the Franchise or continuing its existence. (B) The bond shall not be cancelled or materially altered so as to be out of compliance with the requirements of this Section without forty-five (45) days written notice first being given to City. If the bond is cancelled or materially altered so as to be out of compliance with the requirements of this Section within the term of this Franchise, Grantee shall provide a replacement bond. (C) If there is uncured breach by Grantee of a material provision of this Franchise or pattern of repeated violations of any provision(s) of this Franchise, then the City may request and Grantee shall establish and provide within thirty (30) days from receiving notice from the City, to the City as security for the faithful performance by Grantee of all of the provisions of this Franchise, a letter of credit from a financial institution satisfactory to the City in the amount of twenty-five thousand dollars ($25,000). (D) After the giving of notice by the City to Grantee, and expiration of any applicable cure period, the letter of credit may be drawn upon by the City for purposes that include, but are not limited to the following: (1) Failure of Grantee to pay the City sums due under the terms of this Franchise; (2) Reimbursement of costs borne by the City to correct Franchise violations not corrected by Grantee; and (3) Liquidated damages assessed against Grantee as provided in this Franchise. (E) The City shall give Grantee written notice of any withdrawal under this subsection upon such withdrawal. Within ten (l0) days following receipt of such notice, Grantee shall restore the letter of credit to the amount required under this Franchise. Grantee's maintenance of the letter of credit shall not be construed to excuse unfaithful performance by Grantee or limit the liability of Grantee to the amount of the letter of credit or otherwise limit the City's recourse to any other remedy available at law or in equity.   21                        CITY OF BREMERTON - Comcast Cable Television Franchise (F) Grantee agrees to maintain continuous uninterrupted letter of credit (if applicable) and bonds in the amounts required for the duration of uncured breach or for a time period, at which time the letter of credit may be withdrawn on this Franchise or as otherwise specified in via applicable regulation. (G) Grantee shall have the right to appeal to the City Council for reimbursement in the event Grantee believes that the letter of credit was drawn upon improperly. After a determination by the City Council, Grantee shall also have the right of judicial appeal if Grantee believes the letter of credit has not been properly drawn upon in accordance with this Franchise. Any funds the City erroneously or wrongfully withdraws from the letter of credit shall be returned to Grantee with interest, from the date of withdrawal at a rate equal to the prime rate of interest as quoted in the Wall Street Journal. SECTION 6. CUSTOMER SERVICE 6.1 Customer Service Standards Grantee shall comply with Customer Service Standards as provided in FCC Standards 47 C.F.R. Sections 76.309, 76.1602, 76.1603 and 76.1619. The City reserves its right to amend customer service standards under its police powers and federal law. If the City intends to exercise this right, it will enter into discussions with Grantee prior to such amendments. (A) Grantee shall maintain a, toll-free telephone access line which will be available to its Customers 24 hours a day, seven days a week. (B) Trained customer service representatives (CSR) will be available to respond and resolve customer service inquiries and requests for service during Normal Business hours. (C) Less than three percent (3%) of customer service calls answered during normal operating conditions and business hours will receive a busy signal. (D) Excluding conditions under Section 20.12 of this Franchise, Grantee will begin responding to “service interruptions” no later than 3 hours after the service interruption becomes known to the Grantee. (E) Grantee must begin actions to correct other service problems the next business day after notification of the service problem. (F) Complaints to the City. Any Customer who is dissatisfied with any proposed decision of Grantee or who has not received a decision within the thirty (30) day period as required with respect to an unresolved complaint shall be entitled to have a written complaint reviewed by the City or its designee. (1) The Customer may initiate the review by filing a written complaint together with Grantee’s written decision, if any, with the City.   22                        CITY OF BREMERTON - Comcast Cable Television Franchise (2) The Customer shall make such filing and notification within thirty (30) days of receipt of Grantee’s decision or, if no decision has been provided, within forty (40) days after filing the original complaint with Grantee. (3) The Customer shall notify Grantee that a complaint has been filed with the City by mailing a copy of the complaint to Grantee by certified mail, return receipt requested. 6.2 Subscriber Privacy Grantee shall comply with privacy rights of Subscribers in accordance with Applicable Law. 6.3 Customer Service Location(s) Per 47 CFR 76.309, the Grantee must maintain, at a minimum, one (1) Customer service location as prescribed herein conveniently located within available transit service routes and within Kitsap County that will be open during Normal Business Hours, to provide Subscribers the opportunity to pick up (certain types of equipment depending upon size and subject to storage availability on site) and return Subscriber equipment and to make bill payments. Sixty (60) days prior to any closure of such Customer service location, the City and the Grantee agree to meet to discuss any prospective closure. In addition, Grantee shall at all times maintain a Customer support center where Customers may access information related to services and products, make bill payments or "speak" with a Customer Service Representative. Grantee is encouraged to provide a website whereby Customers can request service credits and make payments. SECTION 7. REPORTS AND RECORDS 7.1 Open Records A) In addition to any other records that may be provided for under any other section of this Franchise, the City, including the City’s Finance Director and Public Works Director or their designees, shall have access to, and the right to inspect, those books and records of Grantee, its parent corporations and Affiliates, which are reasonably related to the administration or enforcement of the terms of this Franchise, or Grantee’s use of and location within the City’s Rights-of-Way. Records subject to this subsection 7.1 include, without limitation, FCC filings on behalf of Grantee, its parent corporations, or Affiliates which directly relate to the operation of the Cable System in the City; SEC filings; listing of Cable Services, rates, and Channel line-ups; Cable Services added or dropped; Channel changes; all planned construction activity; Right-of-Way route maps in GIS format; beginning and ending plant miles; total homes passed for the previous twelve (12) months; and any significant technological changes occurring in the Cable System; other federal and State reports; reports of Subscriber complaints in the City and how such complaints are resolved. Grantee shall maintain categories and numbers of subscribers for tiers of service which the City may request under this Section. Such information shall be maintained in confidentiality by the City as per Section 7.2.   23                        CITY OF BREMERTON - Comcast Cable Television Franchise (B) Grantee shall not deny the City access to any of Grantee’s records on the basis that Grantee’s records are under the control of any parent corporation, Affiliate, or a third party. The City may, in writing, request copies of any such records or books and Grantee shall provide such copies within thirty (30) days of the transmittal of such request. One (1) copy of all reports and records required under this or any other subsection shall be furnished to the City, at the sole expense of Grantee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then Grantee may require that the City or its designee inspect them at Grantee’s local offices. For purposes of clarity, any requirements to provide as-built maps shall not be considered too voluminous or unable to be copied for security purposes with respect to the provisions of this subsection (B). If any books or records of Grantee are not kept in a local office and are not made available in copies to the City or its designee upon written request as set forth above, and if the City determines that an examination of such records is necessary or appropriate for the performance of any of the City’s duties, administration or enforcement of this Franchise, then all reasonable travel and related expenses incurred in making such examination shall be paid by Grantee within thirty (30) days of an invoice from the City. 7.2 Confidentiality (A) To the extent that books and records related to the City’s oversight and enforcement authority are confidential, the information may be provided to the City or its duly authorized agent(s) pursuant to a non-disclosure agreement whereby the City and/or its duly authorized agent agrees not to make such information public, to the extent such nondisclosure complies with the State Public Records Act, Chapter 42.56 of the Revised Code of Washington, and to the extent Grantee makes the City or its duly authorized agent aware of such confidentiality. Grantee shall be responsible for clearly and conspicuously stamping the word “Confidential” on each page that contains confidential or proprietary information, and shall provide a brief written explanation as to why such information is confidential and exempt from public disclosure under State law. (B) As a public agency, records and information provided to or otherwise used by the City may be subject to a request submitted under the State Public Records Act. In such an event, Grantee agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act, subject to Grantee’s rights under this Agreement and RCW 42.56.540. If a request is received for records Grantee has submitted to the City and has been identified as confidential, proprietary or protected trade secret material, the City will use its best efforts to provide Grantee with notice of the request in accordance with RCW 42.56.540 and a reasonable time (of no less than 10 days) within which Grantee may seek an injunction to prohibit the City’s disclosure of the requested record. The City is not required to assert on Grantee’s behalf any exemption based on trade secret, proprietary or confidential information, provided, however, the City may assert such exemption if the City itself believes in good faith that an exemption applies to the requested records. Grantee agrees to defend, indemnify and hold the City, its officers, officials, boards, commissions, employees, agents, and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys’ fees, arising out of or in connection with the assertion of an exemption to disclosure under the Public Records Act based upon records claimed or identified by Grantee as confidential, proprietary or protected trade secret material.   24                        CITY OF BREMERTON - Comcast Cable Television Franchise (C) Books and Records. Throughout the term of this Franchise, the Grantee agrees that the City, upon reasonable prior written notice to the Grantee, may review such of the Grantee’s books and records regarding the operation of the Cable System and the provision of Cable Service in the Franchise Area which are reasonably necessary to monitor Grantee’s compliance with the provisions of this Franchise at the Grantee’s business office, during normal business hours, and without unreasonably interfering with Grantee’s business operations. Such books and records shall include any records required to be kept in a public file by the Grantee pursuant to the rules and regulations of the FCC. All such documents pertaining to financial matters that may be the subject of an inspection by the City shall be retained by the Grantee for a minimum period of six (6) years. (D) If any books or records of Grantee are not kept in a local office and if City determines that an examination of such records is necessary for the enforcement of this Franchise, then all reasonable travel expenses, not to exceed Grantee’s internal guidelines for travel expense, incurred in making such examination shall be paid by Grantee. 7.3 Complaint File and Reports Grantee shall keep an accurate and comprehensive compilation of any and all Customer complaints received and Grantee's actions in response to those complaints, in a manner consistent with the privacy rights of Subscribers. Grantee shall provide an executive summary report to the City on an annual basis within ninety (90) days of the end of each year that shall include the following information: (A) Nature and type of Customer complaints; (B) Average response time for service calls; (C) Phone activity report; (D) A summary of the previous year’s activities regarding the development of the Cable System, including, beginning and ending plant miles constructed, any technological changes occurring in the Cable System and the number of subscribers for each class of Cable Service (i.e., Basic, Expanded Basic Service, premium, etc.); 7.4 Inspection of Facilities and Annual Meeting City may inspect any of Grantee's facilities and equipment located in the Rights-of-Way or on other public property at any reasonable time during business hours upon at least twenty-four (24) hours notice, or, in case of emergency, upon demand without prior notice. Throughout the term of the Franchise, Grantee shall meet with the City on an annual basis upon fifteen (15) days prior written notice from City. Matters to be discussed include, but are not limited to Customer service, Cable System performance, technical issues and other matters related to Grantee's operation of the Cable System. 7.5 False Statements   25                        CITY OF BREMERTON - Comcast Cable Television Franchise Any intentional false or misleading statement or representation in any report required by this Franchise shall be a material breach of this Franchise and may subject Grantee to all remedies, legal or equitable, that are available to City under this Franchise. SECTION 8. PROGRAMMING 8.1 Broad Programming Categories Grantee shall provide at least the following initial broad categories of programming to the extent such categories are reasonably available. (A) Public, Educational and Governmental programming; (B) News, weather and information; (C) Sports; (D) General entertainment including movies;   (E) Children and family oriented; (F) Arts; (G) Foreign language (H) Science/technology programming. 8.2 Deletion of Broad Programming Categories (A) Grantee shall not delete or so limit as to effectively delete any broad category of programming within its control without prior written notice to the City. (B) In the event of a modification proceeding under federal law, the mix and quality of Cable Services provided by Grantee shall follow the guidelines of Federal law. 8.3 Obscenity Grantee shall not transmit, or permit to be transmitted, over any Channel subject to its editorial control any programming which is obscene under applicable federal, State or local laws. 8.4 Services for the Disabled Grantee shall comply with the Americans With Disabilities Act and any amendments or successor legislation thereto. 8.5 Parental Control Device Upon request by any Subscriber, Grantee shall make available at no charge a parental control or lockout device, traps or filters to enable a Subscriber to control access to both the audio and video portions of any Channels. Grantee shall inform its Subscribers of the availability of the lockout device at the time of their initial subscription and periodically thereafter.   26                        CITY OF BREMERTON - Comcast Cable Television Franchise 8.6 Complementary Cable Service The City acknowledges that the Grantee currently provides certain complimentary video services to schools, libraries, and municipal buildings, without charge. The Grantee agrees to voluntarily continue, until it elects to discontinue, the provision of complimentary services, even though they are not a requirement of this Franchise. At such time as the Grantee elects to discontinue the provision of complimentary services, the Grantee agrees that it will do so only after providing the City with at least one hundred twenty (120) days’ prior written notice. Such notice shall document the proposed offset or service charges so that the City can make an informed decision as to whether to keep the services. Upon written notice from the Grantee, the City shall be given the full one hundred twenty (120) days to review the list of outlets receiving complimentary service and shall have the right to discontinue receipt of all or a portion of the outlets receiving complimentary service provided by the Grantee in the event the Grantee elects to discontinue the provision of complimentary service as set forth herein. In the event federal law is overturned in whole or in part by Congressional action, the FCC or through judicial decision, both parties will meet promptly to discuss what impact such action has on the provision of in-kind cable-related services under this subsection. SECTION 9. PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS 9.1 Access Channels (A) Upon the effective date of this Franchise, the Grantee has and will provide the City with one (1) standard definition (SD) format Access Channel, for Government, Educational and Public Access and regional Access programming, for Subscribers within the Franchise Area. The SD Access Channel is currently being programmed by the City and located on Channel 12. Upon the activation of the new Simulcast high definition (HD) Access Channel under subsection 9.1(B), the Grantee shall maintain the City’s SD Access Channel on Channel 12 and the HD Access Channel within the Franchise Area. The City shall have the right, but not the obligation, at any time to make use of the channel capacity provided for in this Franchise for purposes of Public, Educational and Government Access and regional Access programming. The Grantee shall include appropriate designation for the PEG Channels on channel cards and other channel listings. (B) Simulcast HD Access Channel: (1) The Grantee agrees in addition to the one (1) SD channel, one (1) simulcast HD Access Channel in HD format will be provided within the Franchise Area for Access Programming subscribers provided that installation of the MUX (Fiber-Optic Multiplexer) System has been completed and the MUX (Fiber-Optic Multiplexer) System is operational as per Section 9.8. (2) Activation of the simulcast HD Access Channel will be completed within ninety (90) days of the City’s request for such channel, and at no cost to the City. Grantee shall provide, own and maintain the encoder equipment used to transmit the simulcast SD/HD Access Channel signal from City’s Demarcation Point. (3) The City shall provide the SD and HD Access Channel signals as specified by Grantee’s engineering standards, as amended by Grantee from time to time because of changes   27                        CITY OF BREMERTON - Comcast Cable Television Franchise to technology. Grantee will provide City with a minimum of seven (7) days’ written notice of any changes to engineering standards. (4) The Grantee shall be responsible for all capital engineering costs associated with fulfilling the request to activate the simulcast HD Access Channel. (5) The City or any Designated Access Provider shall be responsible for acquiring all equipment necessary to produce programming in HD and SD. (6) For purposes of this Franchise, an HD Signal refers to a television signal delivering picture resolution of 1080i, or such other greater resolution in the same range that Grantee utilizes for other similar non-sport, non-movie programming channels on the Cable System. (7) The City acknowledges that the simulcast HD Access Channel will be available only to those Subscribers who elect to subscribe to Grantee’s HD Cable Service, receive or have a HD set-top converter, and pay all fees associated therewith. (8) Grantee shall have sole discretion to determine the Channel placement of the simulcast HD Access Channel within its high-definition channel line-up but shall endeavor to locate it near other similar channels. (9) At such time as the HD Access Channel is activated, the City and/or Designated Access Provider will provide an HD Access Channel signal in a single high definition format. At that time, Grantee will transmit the HD signal on the HD Access Channel and also down-convert the HD signal for simultaneous additional transmission on the SD Access Channel. 9.2 Additional Access Channel Pursuant to Section 9.1 (Access Channels), the City may require Grantee to make available one (1) additional activated SD and simulcast HD Access Channel when requested by the City. Grantee shall make available, within ninety (90) days of receiving written request, the additional Access Channel on the line-up for Access Programming purposes. The Second Access Channel will be governed by the same (rules and criteria) as found throughout Section 9. 9.3 Management and Control of Access Channels (A) City may authorize Designated Access Providers to control, operate, and manage the use of any and all Access facilities provided by Grantee under this Franchise, including, without limitation, the operation of Access Channels. The City or its designee may formulate rules for the operation of the Access Channels, consistent with this Franchise, the FCC, federal and State law. Nothing herein shall prohibit the City from authorizing itself to be a Designated Access Provider. (B) Grantee shall cooperate with City and Designated Access Providers in the use of the Cable System and Access facilities for the provision of Access Channels. (C) Both parties recognize Bremerton Kitsap Access Television (BKAT) as the Designated Access Provider that is owned by the City and maintains the City’s Access programming as well as other jurisdictions’ Access programming within Kitsap County that are served by the Grantee.   28                        CITY OF BREMERTON - Comcast Cable Television Franchise 9.4 Location and Quality of Access Channels (A) The SD Access Channel provided to Subscribers under this Franchise shall be included by Grantee as a part of the lowest Tier of service, which is the Basic Service Tier, provided to all Subscribers in the Franchise Area or as otherwise provided by Applicable Law. (B) The parties agree that it is the responsibility of the City and/or their Designated Access Provider(s) to provide a quality Access signal to the Grantee at the point of demarcation, which meets or exceeds the FCC technical standards. In addition to the foregoing, the Grantee agrees that it will deliver to Subscribers an Access signal, including, but not limited to, closed captioning, stereo audio, and other elements associated with the programming, of the same quality it receives from the City or Designated Access Provider(s) without degradation and in accordance with the FCC technical standards. The Grantee shall not unreasonably discriminate against Access Channels with respect to accessibility and functionality. There shall be no restriction on Grantee’s technology used to deploy and deliver SD or HD signals so long as the requirements of the Franchise are otherwise met. FCC Rules and Regulations and generally accepted industry technical standards shall be used for all testing and assessment of quality under this subsection for the SD Access Channel and HD Access Channel. In the event the City believes that Grantee fails to meet these standards, the City will notify Grantee of such concern, and Grantee will respond to and take diligent steps to correct any signal quality issues within seven (7) days after receiving the written notice, or soon thereafter as reasonably practicable to effectuate a resolution. (C) The Grantee, at its cost and expense, shall provide Headend equipment and routine maintenance and repair and replace such, if necessary, and any other of Grantee’s equipment required to carry the Access signal to and from the City’s and BKAT’s Access origination points and the Grantee’s Headend for the Access Channels. (D) If Grantee makes a change in its Cable System and related equipment and facilities, or in its signal delivery technology, which directly or indirectly affects the signal quality or method or type of transmission of Access programming or services, Grantee, at its cost and expense, shall take necessary technical steps and provide necessary technical assistance, including the acquisition of all necessary equipment and full training of Access personnel, to ensure that the capabilities of the Access Channel and delivery of Access programming are not diminished or adversely affected by such change. For example, live and taped programming must be cablecast with as good or better signal quality than existed prior to such change. Additionally, changes to the Cable System that may directly or indirectly impact the access channel(s) will be accompanied by notice sent to the City of Bremerton and BKAT manager within seven (7) days of the change. With respect to any deficiencies or degradations noted by the City, the City will notify Grantee of such concern in writing, and Grantee will respond to and take diligent steps to correct any deficiencies or degradations within seven (7) days after receiving the notice in writing, or soon thereafter as reasonably practicable to effectuate a resolution. 9.5 Access Channel Identification/Location/Relocation/Bill Insertions   29                        CITY OF BREMERTON - Comcast Cable Television Franchise Grantee will use reasonable efforts to minimize the movement of Access Channel assignments. Grantee shall provide to the City a minimum of sixty (60) days notice, and use its best efforts to provide ninety (90) days notice, prior to any relocation of its Access Channels, unless the change is required by federal law, in which case Grantee shall give the City the maximum notice possible. In connection with the movement of any of the City controlled Access Channel, Grantee, at Grantee’s cost and expense, shall provide a bill message on Subscriber’s bills, if requested by the City. 9.6 Access Interconnections Grantee shall continue to maintain existing Interconnect with the adjacent cable system not owned or operated by Grantee or an Affiliate of Grantee until the MUX (Fiber-Optic Multiplexer) system has been completed as per Section 9.8. 9.7 Support for Access Capital Costs (A) Within thirty (30) days of the Effective Date of this Franchise, the Grantee shall collect and remit to the City an Access Fee for public, educational and government access capital expenditures. This Access Fee shall be an amount of 0.8 % of Gross Revenues per month. Both parties recognize that the pertinent provisions outlined in Section 3 shall apply to Access Fee payments required herein. (B) The Access Fee may be used for capital purposes only and not for operations unless there is a change in Applicable Law which permits Access Fees to be used for operations. Should Grantee have evidence of misappropriation of the Access Fee, upon Grantee’s written request and presentment of evidence of misappropriation to Grantor, Grantor shall submit to Grantee, within one hundred twenty (120) days of the written request, a comprehensive report of all purchases made from the capital contributions Access Fee. (C) The City agrees that 47 C.F.R. §76.922 permits Grantee to add the cost of the Access Fee to the price of Cable Services and to collect the Access Fee from Subscribers. In addition, as permitted in 47 C.F.R. §76.985, all amounts paid as the Access Fee may be separately stated on Subscriber’s bills. 9.8 Return Connectivity Corrections and Agreements (A) Throughout the term of this Franchise, Grantee at its cost and expense, as per Applicable Law, shall continue to provide and maintain local fiber origination return lines from Local Origination Sites: Bremerton High School (1500 13th Street) and Chase Bank Building (500 Pacific Ave) to the Norm Dicks Government Center at 345 6th Street, Bremerton, Washington 98337. (B) Grantee at its cost and expense, as per Applicable Law, utilizing any technological solution acceptable to both Grantee and the City, shall reconfigure the local fiber origination line from the Local Origination Site located within the Norm Dicks Government Center so as to terminate at the Access Origination Point located at 7266 Tibardis Rd. The City recognizes the Grantee’s use of the authorized Kitsap County fibers in making the connection to the Access Origination Point. The reconfiguration is recognized by both parties as the MUX (Fiber-Optic   30                        CITY OF BREMERTON - Comcast Cable Television Franchise Multiplexer) system project and will enable the HD Access Channel addition under Section 9.1(B) and the removal of the Interconnection requirement addressed in Section 9.6. Said solution shall be designed and implemented to provide and maintain the City’s Access return line and all Access signals of BKAT’s partner jurisdictions. (C) The City shall be responsible for purchasing and maintaining any end point fiber optic transmission and receiving equipment at Norm Dicks Government Center and the Access Origination Point. Grantee shall be responsible for purchasing and maintaining any intermediate equipment between the City’s transmitter and receiver endpoints and the Grantee’s Headend. (D) No sooner than six months after the Effective Date of this Franchise, the MUX (Fiber-Optic Multiplexer) system project work shall be completed within 60 days after written request by the City. (E) Upon written request of the City, Grantee shall construct and maintain additional fiber-optic return connectivity from the City to other locations within the Franchise Area, for the purpose of delivering Access programming to the City. All return connectivity engineering and construction costs for additional fiber optic connectivity shall be paid by the City at a cost mutually agreed to between the City and Grantee prior to beginning construction, and shall be completed within a mutually agreed schedule, following City's acceptance of Grantee's estimated cost. Grantee must submit to City, all requested estimates, within 180 days of request date, and City must respond, to Grantee, with acceptance or refusal within 180 days of date of estimate. Grantee may require that a reasonable deposit for the cost of engineering for an estimated project cost be paid in advance. (F) After satisfactory completion of work requested by the City for which the City is to reimburse the Grantee and upon submission by Grantee of a proper invoice for payment of the cost reasonably incurred and accompanied by such evidence in support thereof, the City agrees to make payment for the cost reasonably incurred up to the estimated cost for the work; provided, however, that all payments shall be subject to adjustment for any amount found upon audit or otherwise to have been improperly invoiced. All work shall be performed in a cost-effective manner to minimize the costs to the City. SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION 10.1 Construction (A) Grantee shall perform all maintenance, construction, repair, upgrade and reconstruction necessary for the operation of its Cable System in accordance with Applicable Laws, regulations, ordinances and provisions of this Franchise. To the extent practicable and economically feasible, Grantee’s construction and location of its facilities shall be of minimal impact to City streets and sidewalks located within the Rights-of-Way. All construction and maintenance of any and all of Grantee's facilities within Rights-of-Way shall, regardless of who performs the construction, be and remain Grantee's responsibility.   31                        CITY OF BREMERTON - Comcast Cable Television Franchise (B) Prior to beginning any construction, Grantee shall provide City with a construction schedule for work in the Rights-of-Ways as required by City's permitting regulations, obtain all necessary permits and pay all required permit fees, which shall not be offset against the Franchise Fee. (C) Grantee may make excavations in Rights-of-Way for any facility needed for the maintenance or extension of Grantee's Cable System. Prior to doing such work, Grantee shall apply for, and obtain, appropriate permits from City, and give appropriate notices to City, and Grantee shall pay all applicable fees upon issuance of the requisite construction permits by City to Grantee. As a condition of any permits so issued, City officials may impose such conditions and regulations as are necessary for the purpose of protecting any structures in such Rights-of-Way, proper restoration of such Rights-of-Way and structures, protection of the public and the continuity of pedestrian and vehicular traffic. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, Grantee shall work with other providers, licensees, permittees and franchisees so as to reduce so far as possible the number of Rights-of-Way cuts within the Franchise Area. (D) In the event that emergency repairs are necessary, Grantee shall notify City of the need for such repairs as soon as practicable. Grantee may initiate such emergency repairs, and shall apply for appropriate permits within forty-eight (48) hours after discovery of the emergency. 10.2 Location of Facilities Within forty-eight (48) hours, unless otherwise specified in federal, State or local regulations, after the City or any franchisee or permittee of the City notifies Grantee of a proposed Right- of-Way excavation, Grantee shall, at Grantee's expense, mark on the surface all of its located underground facilities within the area of the proposed excavation. 10.3 Restoration of Rights-of-Way (A) When any opening is made by Grantee in a hard surface pavement in any Rights- of-Way, Grantee shall promptly refill the opening and restore the surface as required by its construction permit. (B) If Grantee excavates the surface of any Rights-of-Way, Grantee shall be responsible for restoration in accordance with applicable regulations regarding the Rights-of- Way and its surface within the area affected by the excavation. City may, after providing notice to Grantee, and Grantee’s failure to respond within the required time, refill or repave any opening made by Grantee in the Rights-of- Way, and the expense thereof shall be paid by Grantee. City may, after providing notice to Grantee, and Grantee’s failure to respond within the required time, remove and repair any work done by Grantee that, in the determination of City, does not conform to applicable code. The cost thereof, including the costs of inspection and supervision shall be paid by Grantee. Grantee shall remit payment to City within thirty (30) days of receipt of an itemized list of those costs. All of Grantee’s work under this Franchise, and this Section in particular, shall be done in compliance with all laws, regulations and ordinances of City and State.   32                        CITY OF BREMERTON - Comcast Cable Television Franchise 10.4 Maintenance and Workmanship (A) Grantee's Cable System shall be constructed and maintained in such manner as not to interfere with sewers, water pipes or any other property of City, or with any other pipes, wires, conduits, pedestals, structures or other facilities that may have been laid in Rights-of- Way by, or under, City's authority. (B) Grantee shall provide and use any equipment and facilities necessary to control and carry Grantee’s signals so as to prevent injury to City’s property or property belonging to any Person. Grantee, at its own expense, shall repair, renew, change and improve its facilities to keep them in good repair and safe condition. (C) The Grantee's transmission and distribution Cable System, wires and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives of Persons, or to unnecessarily hinder or obstruct the free use of Rights-of-Way, or other public property. (D) Grantee will maintain membership in good standing with the Utility’s Underground Location Center, or other similar or successor organization designated to coordinate underground equipment locations and installations. Grantee shall abide by Washington State's "Underground Utilities" statutes and will further comply with and adhere to procedures and practices relating to the one call locator service program. (E) Grantee shall give reasonable notice to private property owners of construction work in adjacent Rights-of-Way. 10.5 Acquisition of Facilities Upon Grantee's acquisition of facilities in any Rights-of-Way, or upon the addition or annexation to the City of any area in which Grantee owns or operates any facility, such facilities shall immediately be subject to the terms of this Franchise, as per Applicable Law. 10.6 Reservation of Rights-of-Way Nothing in this Franchise shall prevent City from constructing any public work or improvement. If any of Grantee's Cable System interferes with the construction or repair of any Rights-of-Way or public improvement, including construction, repair or removal of a sewer or water main, Grantee's Cable System shall be removed or relocated in the area City shall direct. Any and all such removal or relocation shall be at the expense of Grantee. In the case of a joint relocation project, Grantee shall be responsible for the cost of relocating its facilities. All such removal or relocation shall be preceded by sixty (60) days written notice or such additional time as may be provided by City. Upon notice, both parties shall agree upon an appropriate relocation timeline that takes into consideration permitting and other utility involvement and coordination. Grantee shall provide routine updates on meeting agreed upon relocation timeline(s). Should Grantee fail to remove, adjust or relocate its facilities by the date established by City's written notice to Grantee, City may effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. Grantee shall remit payment to City within thirty (30) days of receipt of an itemized list of those costs.   33                        CITY OF BREMERTON - Comcast Cable Television Franchise (A) Movement of Cable System for and By City. The City may remove or disconnect Grantee's facilities and equipment located in the Right-of-Way or on any other property of the City in the case of fire, disaster or other Emergency. Except during an Emergency, the City shall provide reasonable notice to Grantee prior to taking such action and shall provide Grantee with the opportunity to perform such action. Following notice by the City, Grantee shall remove, replace, relocate, modify or disconnect any of its facilities or equipment within any Right-of-Way, or on any other property of the City, except that the City shall provide at least sixty (60) days' written notice of any major capital improvement project that would require the removal, relocation, replacement, modification or disconnection of Grantee's facilities or equipment. Upon notice, both parties shall agree upon an appropriate relocation timeline that takes into consideration permitting and other utility involvement and coordination. Grantee shall provide routine updates on meeting agreed upon relocation timeline(s). If the Grantee fails to complete this work within the time prescribed and to the City's satisfaction, the City may cause such work to be done and bill the cost of the work to the Grantee. Grantee shall remit payment to City within thirty (30) days of receipt of an itemized list of those costs. If the City requires Grantee to relocate its facilities located within the Rights-of-Way, the City shall make a reasonable effort to provide Grantee with an alternate location within the Rights-of- Way. If funds are generally made available to users of the Rights-of-Way by a third party for such relocation, Grantee shall be entitled to its share of such funds. (B) Movement for Other Permittees. At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The cost of such temporary change must be paid by the permit holder, and Grantee may require the estimated payment in advance. 10.7 Rights-of-Way Vacation If any Rights-of-Way or portion thereof used by Grantee is vacated by City during the term of this Franchise, unless City specifically reserves to Grantee the right to continue the use of vacated Rights-of-Way, Grantee shall, without delay or expense to City, remove its facilities from such Rights-of-Way, and restore, repair or reconstruct the Rights-of-Way where such removal has occurred. In the event of failure, neglect or refusal of Grantee, after thirty (30) days' notice by City, to restore, repair or reconstruct such Rights-of-Way, City may do such work or cause it to be done, and the reasonable cost thereof, as found and declared by City, shall be paid by Grantee within thirty (30) days of receipt of an invoice and documentation. 10.8 Removal of Discontinued Facilities Whenever Grantee intends to discontinue using any facility within the Rights-of-Way, Grantee shall submit to City a complete description of the facility and the date on which Grantee intends to discontinue using the facility. Grantee may remove the facility or request that City allow it to remain in place. Notwithstanding Grantee's request that any such facility remain in place, City may require Grantee to remove the facility from the Rights of Way or modify the facility to protect the public health, welfare, safety and convenience, or otherwise serve the public interest. City may require Grantee to perform a combination of modification and removal of the facility. Grantee shall complete such removal or modification in accordance with a schedule set by City. Until such time as Grantee removes or modifies the facility as directed   34                        CITY OF BREMERTON - Comcast Cable Television Franchise by City, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Grantee shall be responsible for the facility, as well as maintenance of the Rights-of-Way, in the same manner and degree as if the facility were in active use, and Grantee shall retain all liability for such facility. If Grantee abandons its facilities, City may choose to use such facilities for any purpose whatsoever including, but not limited to, Access Channel purposes. 10.9 Hazardous Substances (A) Grantee shall comply with all applicable State and federal laws, statutes, regulations and orders concerning hazardous substances within the Rights-of-Way. (B) Grantee shall maintain and inspect its System located in Rights-of-Way. Upon reasonable notice to Grantee, City may request a coordinated inspection of Grantee's facilities in Rights-of-Way to determine if any release of hazardous substances has occurred, or may occur, from or related to Grantee's Cable System. In removing or modifying Grantee's facilities as provided in this Franchise, Grantee shall also remove all residue of hazardous substances related thereto. 10.10 Undergrounding of Cable (A) Wiring. (1) Where electric and telephone utility wiring is installed underground at the time of Cable System construction, or when all such wiring is subsequently placed underground, all Cable System lines, wiring and equipment shall also be placed underground with other wireline cable system service at no expense to the City. Related Cable System equipment, such as pedestals, must be placed in accordance with applicable City Code requirements and rules, and in a manner that allows Grantee to maintain its signal integrity in accordance with FCC requirements. In areas where electric or telephone utility wiring are aerial, the Grantee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. (2) The Grantee shall utilize existing poles and conduit wherever possible. (3) This Franchise does not grant, give or convey to the Grantee the right or privilege to install its facilities in any manner on specific utility poles or equipment of the City or any other Person. (4) The Grantee and the City recognize that situations may occur in the future where the City may desire to place its own cable or conduit for Fiber Optic cable in trenches or bores opened by the Grantee. Therefore, if the Grantee further upgrades its Cable System, the Grantee shall submit these plans to the City in accordance with the City's permitting process so that such opportunities may be explored. However, nothing set forth herein shall obligate the Grantee to slow the progress of any future upgrade of the Cable System to accommodate the City. In addition, the Grantee agrees to cooperate with the City in any other construction by the Grantee that involves trenching or boring. If sufficient space is   35                        CITY OF BREMERTON - Comcast Cable Television Franchise reasonably available and there is no reasonable possibility of degradation to Grantee’s Cable System, the Grantee shall allow the City to lay its cable, conduit and Fiber Optic cable in the Grantee's trenches and bores, provided the City shares proportionally in the cost of the trenching and boring on the same terms and conditions as the Grantee at that time shares the total cost of trenches and bores. The City shall be responsible for maintaining its respective cable, conduit and Fiber Optic cable buried in the Grantee's trenches and bores under this paragraph. (5) The City shall not be required to obtain easements for the Grantee. (6) The Grantee may participate with other providers in joint trench projects to relocate its overhead facilities underground and remove its overhead facilities in areas where all utilities are being converted to underground facilities. (B) Repair and Restoration of Property. If public property is disturbed or damaged by Grantee arising out of or in connection with the provision of Cable Service, the Grantee shall restore the property to its former condition. Rights-of-Way or other City property shall be restored in a manner and within a timeframe approved by the City's Director of Public Works & Utilities or his or her designee. If restoration of Rights-of-Way or other property of the City is not satisfactorily performed within a reasonable time, the Director of Public Works & Utilities may, after prior notice to the Grantee, or without notice where the disturbance or damage may create a risk to public health, safety or welfare, or cause delay or added expense to a public project or activity, cause the repairs to be made at the Grantee's expense and recover the cost of those repairs from the Grantee. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall issue payment to the City. If suit is brought by City upon Grantee's failure to pay for repair or restoration, the responsibility for reasonable costs and expenses of the prevailing party including attorney costs and fees, will be determined by a court of competent jurisdiction. 10.11 Codes Grantee shall strictly adhere to all building and zoning codes currently or hereafter in effect. Grantee shall arrange its lines, cables and other appurtenances, on both public and private property, in such a manner as to cause no unreasonable interference with the use of said public or private property by any Person. In the event of such interference, City may require the removal or relocation of Grantee's lines, cables and other appurtenances from the property in question. 10.12 Construction and Use of Poles Whenever feasible, Grantee shall use existing poles when the installation of facilities above- ground is permitted. In the event Grantee cannot obtain the necessary poles and related facilities pursuant to a pole attachment agreement, and only in such event, then it shall be lawful for Grantee to make all needed excavations in the streets for the purpose of placing, erecting, laying, maintaining, repairing and removing poles, conduits, supports for wires and conductors, and any other facility needed for the maintenance or extension of Grantee's Cable System. 10.13 Tree Trimming   36                        CITY OF BREMERTON - Comcast Cable Television Franchise Upon obtaining a written permit from City, if such a permit is required, Grantee may prune or cause to be pruned, using proper pruning practices in accordance with such permit, any tree in the Rights-of-Way that interferes with the Cable System. 10.14 Standards (A) The Grantee must comply with all federal, State and local safety requirements, rules, regulations, laws and practices, and employ all necessary devices as required by Applicable Law during construction, operation and repair of its Cable System. By way of illustration and not limitation, the Grantee must comply with the National Electric Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards. All work authorized and required hereunder shall be done in a safe, thorough and workmanlike manner. Grantee shall ensure that all cable drops are properly bonded and grounded at the home or residence at the time of installation, consistent with applicable code requirements. All non- conforming or nonperforming cable drops shall be replaced by Grantee during the normal course of business. (B) All installations of equipment shall be permanent in nature, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation or removal thereof, and shall not obstruct or impede traffic. (C) All installations of equipment shall be permanent in nature durable and installed in accordance with good engineering practices and of sufficient height to comply with all federal, State and local regulations, ordinances and laws so as not to interfere with the right of the public or individual property owner, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation or removal thereof, and shall not obstruct or impede traffic. Grantee shall follow standard industry practices in the burying of service drops and make best efforts to complete burial within seven (7) days of initial request for service or installation (whichever is later) and at a minimum of twelve (12) inches depth. 10.15 Stop Work On notice from City that any work is being conducted contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by City, or in violation of the terms of this Franchise or any applicable permit, laws, regulations, ordinances or standards, the work may immediately be stopped by City. The stop work order shall: (A) Be in writing; (B) Be given to the Person doing the work, or posted on the work site; (C) Be sent to Grantee by mail at the address given herein; (D) Indicate the nature of the alleged violation or unsafe condition; and (E) Establish conditions under which work may be resumed.   37                        CITY OF BREMERTON - Comcast Cable Television Franchise 10.16 Work of Contractors and Subcontractors Grantee's contractors and subcontractors shall be insured and bonded in accordance with local ordinances, regulations and requirements. Work by contractors and subcontractors shall be subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf, and shall ensure that all such work is performed in compliance with this Franchise and other Applicable Law, and shall be jointly and severally liable for all damages caused by them. It is Grantee's responsibility to ensure that contractors, subcontractors or other persons performing work on Grantee's behalf are familiar with the requirements of this Franchise and other Applicable Laws governing the work performed by them. 10.17 GIS Mapping Grantee shall provide the City with records of Grantee’s trunk and distribution routes of facilities within the Franchise Area in a standard geographic information system format (GIS) format which is acceptable to the City. The route data shall identify Cable System facilities as aerial or underground and is not required to depict cable types, number of cables, electronic equipment, and service lines to individual Subscribers. All updates of the GIS shall be submitted to the City Public Works & Utilities Department within thirty (30) days upon annual request. 10.18 Locates (A) Prior to doing any work in the Right-of-Way, Grantee shall give appropriate notices to the City and to the notification association established in RCW 19.122, as such may be amended from time to time. (B) Within forty-eight (48) hours after any City agency or franchisee, licensee or permittee notifies Grantee of a proposed Right-of-Way excavation, Grantee shall, at Grantee’s expense: (1) Mark on the surface all of its located underground facilities within the area of the proposed excavation; (2) Notify the excavator of any unlocated underground facilities in the area of the proposed excavation; or (3) Notify the excavator that Grantee does not have any underground facilities in the vicinity of the proposed excavation.   38                        CITY OF BREMERTON - Comcast Cable Television Franchise SECTION 11. CABLE SYSTEM DESIGN (A) Prior to the effective date of this Franchise, the Grantee undertook a voluntary upgrade of its Cable System to a fiber-to-the-node Cable System architecture, with fiber-optic cable deployed from the Headend to the nodes and tying into a coaxial Cable System already serving Subscribers. Grantee represents and covenants that active and passive devices currently are passing a minimum of 750 MHz, and the Cable System is capable of delivering high quality signals that meet or exceed FCC technical quality standards regardless of a particular manner in which the signal is transmitted. Grantee agrees to maintain the Cable System in a manner consistent with, or in excess of these specifications throughout the term of the Franchise. The Grantee’s System shall, at all times during the Franchise term, meet or exceed the following requirements: The System shall be capable of continuous twenty-four (24) hour operation without material degradation of service quality except during extremely inclement weather or immediately following extraordinary storms that adversely affect utility services or damage major System components. The System shall be capable of delivering high quality signals that meet or exceed FCC technical quality standards throughout the term of this Franchise. (B) Equipment must be installed so that all closed-captioned programming received by the Cable System shall include the closed caption signal so long as the closed caption signal is provided consistent with FCC standards. (C) Grantee’s construction decisions shall be based solely upon legitimate engineering decisions and shall not take into consideration the income level of any particular community within the Franchise Area. SECTION 12. INSTITUTIONAL NETWORK 12.1 I-Net History (A) The Grantee has made available a fiber optic system (“I-Net”), as part of the Grantee’s Cable System, which is connected to a hub at City Hall, and each public building listed in Exhibit B, which is attached hereto and incorporated herein by reference. The City granted the Grantee all necessary conduit access, rights of entry, easements and licenses to accomplish the construction of the I-Net. (B) Fiber has been constructed and terminated in accordance with Grantee’s standard practices. The Franchise grants the City an exclusive right of use thereof for non-commercial private network communications (for example, for public safety communications), which right cannot be revoked by Grantee, or successor companies, assigns or other entities, if any, throughout the term of this Franchise or any renewal(s), extension(s), or transfer(s) thereof so long as the City has met its financial and other obligations to Grantee. 12.2 FCC’s 621 Order   39                        CITY OF BREMERTON - Comcast Cable Television Franchise (A) The City and Grantee acknowledge the FCC’s Section 621 Order in MB Docket No. 05-311, which was released by the FCC on August 2, 2019 (“Order”), as it may be modified by any court of competent jurisdiction or subsequent FCC order. The Order affirmed how certain non-cash cable-related provisions under the Cable Act (including I- Nets) are treated and count toward the five-percent (5%) franchise fee cap under Federal law. The Order, which was then reviewed and modified in part by the U.S. Court of Appeals for the Sixth Circuit, established that, should a local franchise authority elect to take a portion of its 5% franchise fee in the form of “in-kind” services, those services shall be assigned a value equal to the cable operator’s marginal cost in providing them. (B) The City’s I-Net is impacted by the Order and ruling of the Sixth Circuit Court of Appeals and as such, as of the effective date of this Franchise, both parties agree that, unless otherwise agreed to by the parties, the I-Net will continue for the duration of this Franchise, and any extension or renewal or transfer hereof, for the sites listed in Exhibit B. 12.3 I-Net Maintenance, Cost, and Relocation (A) The City and Grantee will follow the terms and conditions addressed in this Franchise and Exhibit A, which is attached hereto and incorporated herein by reference, regarding the ongoing I-Net maintenance, cost, and relocation activities. This supersedes the previous 2003 Institutional Network Maintenance Agreement between the parties. Both parties concur that the negotiated annual maintenance fee is in conformance with the FCC’s Order. (B) The Grantee has audited all connections under the original I-Net construction. The City has concluded and is releasing all previous exclusive rights of use for the following I- Net sites and the Grantee shall recover the rights to the I-Net fibers for other uses designated by the Grantee: (1) 239 4th St (Former Old City Hall) (2) 817 Pacific Ave (Former Fire Station #1) (3) 4846 Auto Center Way (Former Police West Precinct) (4) 3027 Olympus Drive (Former Utilities Headquarters) 12.4 Qualified I-Net Users The I-Net will be for the use of the City and any Qualified I- Net Users and those provided for or listed in Exhibit B. SECTION 13. TECHNICAL STANDARDS 13.1 Technical Performance The technical performance of the Cable System shall meet or exceed all applicable technical standards authorized or required by law, including, FCC technical standards, as they may be amended from time to time, regardless of the transmission technology utilized. The City shall have the full authority permitted by law to enforce compliance with these technical standards.   40                        CITY OF BREMERTON - Comcast Cable Television Franchise 13.2 Cable System Performance Testing (A) Grantee shall, at its expense, perform all tests on its Cable System required by the FCC (including FCC required test points located within the City) and shall maintain written records of its test results. Upon request, all FCC required technical performance tests may be witnessed by representatives of the City. Copies of such test results will be provided to the City upon request. (B) All required technical performance or other Cable System tests shall be at the expense of the Grantee and may be witnessed by representatives of the City. Upon request, Grantee will notify the City before any required technical proof-of-performance or other testing occurs. (C) Grantee shall promptly take such measures as are necessary and diligently continue the same until completion in order to correct any performance deficiencies fully and to prevent their recurrence. Grantee's failure to correct deficiencies identified through this testing process shall be a violation of this Franchise. Sites shall be re-tested within five (5) days following correction until correction has been confirmed and satisfactory results are obtained. SECTION 14. SERVICE EXTENSION (A) In general, except as otherwise provided herein, Grantee shall provide a standard aerial installation of Cable Service, from the nearest usable signal point that is technically available, within seven (7) days of a request by any Person within its Franchise Area. For standard underground installations scheduling shall be done within seven (7) days of a request for service. For purposes of this Section, a request shall be deemed made on the date of signing a service agreement, receipt of funds by Grantee, receipt of a written request by Grantee or receipt by Grantee of a verified verbal request. Grantee shall provide such service: (1) With no line extension charge except as specifically authorized elsewhere in this Franchise. (2) At a non-discriminatory installation charge for a Standard Installation, consisting of a one hundred twenty-five (125) foot aerial drop or sixty (60) foot underground drop connecting to the exterior demarcation point for Subscribers, with additional charges for non-standard installations computed according to a non-discriminatory methodology for such installations. (3) At non-discriminatory monthly rates for all Subscribers, excepting commercial Customers, MDU Bulk Customers and other lawful exceptions to uniform pricing.   41                        CITY OF BREMERTON - Comcast Cable Television Franchise (B) No Customer shall be refused service arbitrarily. However, for non-standard installations of service to Customers, or a density of less than twenty-five (25) residences per 5280 aerial cable-bearing strand feet of trunk or distribution cable, or sixty (60) residences per 5280 underground trench feet of trunk or distribution cable, Cable Service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. The Grantee may require that the payment of the capital contribution in aid of construction be borne by such potential Customers and be paid in advance. Grantee will coordinate with the Customer in the event that the Customer volunteers to provide necessary trench and backfill, in accordance with reasonable standards as provided by Grantee. (C) The Grantee shall provide Cable Service to Multiple Dwelling Units in accordance with an agreement with the property owner or owners, this Franchise and all Applicable Laws. (D) Service to Newly Annexed Areas. Grantee shall have the right but not the obligation to extend the Cable System into any area annexed after the Effective Date of this Agreement which is not contiguous or is partially contiguous to the present Franchise Area of the City or to any area that is technically infeasible. Nothing herein shall require Grantee to expand its Cable System to serve or to offer service to any area annexed by the City if such area is then served by another cable operator. SECTION 15. STANDBY POWER AND EAS 15.1 Standby Power Grantee shall provide standby power generating capacity at the Cable System Headend capable of providing at least twelve (12) hours of emergency operation. Grantee shall maintain standby power supplies that will supply back-up power of at least two (2) hours duration throughout the distribution networks, and four (4) hours duration at all nodes and hubs. In addition, throughout the term of this Franchise, Grantee shall have a plan in place, along with all resources necessary for implementing such plan, and for dealing with outages of more than two (2) hours. This outage plan and evidence of requisite implementation resources shall be presented to the City no later than thirty (30) days following receipt of a request therefore. 15.2 Emergency Alert Capability In accordance with, and at the time required by, the provisions of FCC Regulations or other federal or state requirements, as such provisions may from time to time be amended, Emergency Alert System ("EAS") implementation will be accomplished and maintained throughout the term of the Franchise in compliance with the Washington State EAS Plan and to be in compliance with or further Homeland Security requirements or applications.   42                        CITY OF BREMERTON - Comcast Cable Television Franchise SECTION 16. FRANCHISE BREACHES; TERMINATION OF FRANCHISE 16.1 Procedure for Remedying Franchise Violations (A) If City believes that Grantee has failed to perform any material obligation under this Franchise or has failed to perform in a timely manner, City shall notify Grantee in writing, stating with documented specificity, the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) Respond to City, contesting City's assertion that a default has occurred, and requesting a hearing in accordance with subsection (B), below; (2) Cure the default; or (3) Notify City that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify City in writing and in detail as to the exact steps that will be taken and the projected completion date. Upon five (5) business days' prior written notice, either City or Grantee may call an informal meeting to discuss the alleged default. In such case, if matters are not resolved at such meeting, City may set a hearing in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a hearing in accordance with subsection (A)(1), or City orders a hearing in accordance with subsection (A)(3), City shall set a public hearing to investigate said issues or the existence of the alleged default. City shall notify Grantee of the hearing in writing and such hearing shall take place no less than seven (7) business days after Grantee's receipt of notice of the hearing. At the hearing, Grantee shall be provided an opportunity to be heard, to present and question witnesses, and to present evidence in its defense. At any such hearing, City shall not unreasonably limit Grantee's opportunity to make a record that may be reviewed should any final decision of City be appealed to a court of competent jurisdiction. The determination as to whether a default or a material breach of this Franchise has occurred shall be within City's sole discretion, but any such determination shall be subject to appeal to a court of competent jurisdiction. (C) If, after the public hearing, City determines that a default still exists, City shall order Grantee to correct or remedy the default or breach within fourteen (14) business days of City notification or within such other reasonable timeframe as City shall determine. In the event Grantee does not cure within such time to City's reasonable satisfaction, City may: (1) Assess and collect monetary damages in accordance with this Franchise; and (2) Terminate this Franchise; and   43                        CITY OF BREMERTON - Comcast Cable Television Franchise (3) Pursue any other legal or equitable remedy available under this Franchise or Applicable Law. (D) The determination as to whether a violation of this Franchise has occurred pursuant to this Section herein shall be within the sole discretion of the City or its designee. Any such determination by City shall be accompanied by a record, to which Grantee's contribution shall not be limited by City (i.e., City shall hear any interested Persons and shall allow Grantee an opportunity to be heard, to cross examine witnesses, to present evidence and to make additions to the hearing record). Any such final determination shall be subject to appeal to a court of competent jurisdiction. Such appeal to the appropriate Court shall be taken within thirty (30) days of the issuance of the final determination of the City. City shall receive notice from Grantee of any appeal concurrent with any filing to a court of competent jurisdiction. 16.2 Alternative Remedies No provision of this Franchise shall be deemed to bar the right of either party to seek or obtain judicial relief from a violation of any provision of the Franchise or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this Franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of either party to recover monetary damages, as allowed under Applicable Law or to seek and obtain judicial enforcement of obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. The City specifically does not, by any provision of this Franchise, waive any right, immunity, limitation or protection (including complete damage immunity) otherwise available to the City, its officers, officials, boards, City Council, commissions, agents, or employees under federal, State, or local law including by example Section 635A of the Cable Act. The Grantee shall not have any monetary recourse against the City, or its officers, officials, City Council, board, commissions, agents or employees for any loss, costs, expenses or damages arising out of any provision, requirement of this Franchise or the enforcement thereof, subject to Applicable Law. 16.3 Assessment of Liquidated Damages and Letter of Credit Subject to Section 5.3 (C): (A) Grantee shall deliver to the City an unconditional Letter of Credit, in a form and substance acceptable to the City, from a National or State bank subject to reasonable approval by the City, in the amount of twenty-five thousand dollars ($25,000.00). (B) The Letter of Credit shall provide that funds will be paid to the City; and in an amount for liquidated damages charged pursuant to this Section, in payment for any monies owed by the Grantee to the City as a result of any material acts or material omissions by the Grantee pursuant to this Franchise or a pattern of repeated violations of any provisions of this Franchise.   44                        CITY OF BREMERTON - Comcast Cable Television Franchise (C) In addition to the recovery of any monies owed by the Grantee to the City or damages to the City as a result of any material acts or material omissions by the Grantee pursuant to the Franchise; the City in its sole discretion may, after notice and opportunity to cure as provided in Section 16.1, charge to and collect from the Letter of Credit the following liquidated damages: (1) For failure to provide data, documents, reports or information or to cooperate with the City during an application process or Cable System review or as otherwise provided herein, the Liquidated Damages shall be $150.00 per day for each day, or part thereof, such failure occurs or continues. (2) For failure of Grantee to comply with construction, operation or maintenance standards, the Liquidated Damages shall be $150.00 per day for each day, or part thereof, such failure occurs or continues. (3) For failure to provide the PEG payments required by this Franchise, and the implementation and the utilization of the PEG Access Channels, the Liquidated Damages shall be $150.00 per day for each day, or part thereof, such failure occurs or continues. (4) For failure to comply with any of the material provisions of this Franchise or Customer service standards, or other City ordinance for which liquidated damages is not otherwise specifically provided pursuant to this paragraph (C), the liquidated damages shall be $150.00 per day for each day, or part thereof, such failure occurs or continues. (D) Each violation of any material provision of this Franchise shall be considered a separate violation for which separate liquidated damages can be imposed. Any liquidated damages for any given violation shall be imposed upon Grantee for a maximum of 90 days. (E) If any subsequent Letter of Credit delivered pursuant thereto expires prior to twelve (12) months after the expiration of the term of this Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than twelve (l2) months after the expiration of this Franchise. The renewed or replaced Letter of Credit shall be of the same form and with a bank authorized herein and for the full amount stated in paragraph (A) of this Section. (F) The City and the Grantee recognize the delays, expense and unique difficulties involved in proving in a legal proceeding the actual loss suffered by the City as a result of the Grantee's breach of this Franchise. Accordingly, instead of requiring such proof, the City and the Grantee agree that the Grantee shall pay to the City the sums set forth above for each day that the Grantee shall be in breach of the specific provisions of this Franchise. Such amounts are agreed by both parties to be a reasonable estimate of the actual damages the City would suffer in the event of the Grantee's breach of such provisions of this Franchise. The City shall give Grantee written notice of any intent to withdraw under this subsection. Within seven (7) business days following receipt of such notice, Grantee shall restore the bond(s) and Letter of Credit to the amount required under this Franchise. Grantee's maintenance of the bond(s) and Letter of Credit shall not be construed to excuse unfaithful performance by Grantee or to limit the liability of Grantee to the amount of the bond(s) and Letter of Credit or otherwise to limit the City's recourse to any other remedy available at law or in equity.   45                        CITY OF BREMERTON - Comcast Cable Television Franchise (G) Grantee shall have the right to appeal to the City Council for reimbursement in the event Grantee believes that a bond or Letter of Credit was drawn upon improperly. Grantee shall also have the right of judicial appeal if Grantee believes a bond or Letter of Credit has not been properly drawn upon in accordance with this Franchise. Any funds the City erroneously or wrongfully withdraws from the bond(s) or Letter of Credit shall be returned to Grantee with interest from the date of withdrawal. (H) The assessment of liquidated damages does not constitute a waiver by the City of any other right or remedy it may have under the Franchise or Applicable Law, including its right to recover from Grantee any additional damages, losses, costs and expenses that are incurred by City by reason of the breach of this Franchise. (I) Grantee's maintenance of the security required herein or by applicable code shall not be construed to excuse unfaithful performance by the Grantee of this Franchise; to limit liability of the Grantee to the amount of the security; or to otherwise limit the City's recourse to any other remedy available at law or equity. 16.4 Revocation (A) This Franchise may be revoked and all rights and privileges rescinded if a material breach of the Franchise is not cured pursuant to Section 16.1, or in the event that: (1) Grantee attempts to evade any material provision of this Franchise or to practice any fraud or deceit upon the City or Subscribers; (2) Grantee makes a material misrepresentation of fact in the negotiation of this Franchise; (3) Grantee fails to maintain the required Customer service location as provided in this Franchise in accordance with Section 6.3; (4) Grantee abandons the Cable System, or terminates the Cable System's operations; (5) Grantee fails to restore service to the Cable System after three consecutive days of an outage or interruption in service; except in the case of an emergency or during a force majeure occurrence, or when approval of such outage or interruption is obtained from the City, it being the intent that there shall be continuous operation of the Cable System; or (6) Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt, there is an assignment for the benefit of Grantee's creditors, or all or part of the Grantee's Cable System is sold under an instrument to secure a debt and is not redeemed by Grantee within thirty (30) days from said sale.   46                        CITY OF BREMERTON - Comcast Cable Television Franchise (B) Additionally, this Franchise may be revoked one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of the Grantee (at the option of the City and subject to Applicable Law) whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless directed otherwise by a court of competent jurisdiction. (C) If there is a foreclosure or other involuntary sale of the whole or any part of the plant, property and equipment of Grantee, City may serve notice of revocation on Grantee and to the purchaser at the sale, and the rights and privileges of Grantee under this Franchise shall be revoked thirty (30) days after service of such notice, unless: (1) City has approved the transfer of the Franchise, in accordance with the procedures set forth in this Franchise and as provided by law; and (2) The purchaser has covenanted and agreed with City to assume and be bound by all of the terms and provisions of this Franchise.   (D) Grantee shall have no obligation to remove the Cable System, if ordered by the City under this section, where it utilizes the System to provide non-Cable Services and has any other authority under Applicable Law to maintain facilities in the Rights-of-Way, or where Grantee is able to find a purchaser of the Cable System who then or will subsequently hold such authorization. The foregoing right of Grantee shall be independent, separate and apart from and have no effect upon the Grantee’s requirements to move or remove the Cable System as set forth elsewhere in this Franchise. 16.5 Purchase of the Cable System If at any time this Franchise lawfully terminates, the City shall have the option to purchase the Cable System in accordance with the Cable Acts. SECTION 17. FRANCHISE TRANSFER 17.1 Transfer of Ownership or Control (A) The Cable System and this Franchise shall not be sold, assigned, transferred, leased or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger or consolidation; nor shall title thereto, either legal or equitable, or any right, interest or property therein pass to or vest in any Person or entity without the prior written consent of the City, which consent shall be by the City Council, acting by ordinance or resolution which consent shall not be unreasonably withheld, delayed or conditioned. (B) The Grantee shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of control of the Grantee. The word "control" as used herein is not limited to majority ownership but includes actual working control in whatever manner exercised. Every change, transfer or acquisition of control of the Grantee shall make this Franchise subject to cancellation unless and until the City shall have consented in writing thereto.   47                        CITY OF BREMERTON - Comcast Cable Television Franchise (C) The parties to the sale or transfer shall make a written request to the City for its approval of a sale or transfer or change in control and shall furnish all information required by law. (D) In seeking the City's consent to any change in ownership or control, the proposed transferee or controlling entity shall indicate whether it: (1) Has ever been convicted or held liable for acts involving deceit including any violation of federal, State or local law or regulations, or is currently under an indictment, investigation or complaint charging such acts; (2) Has ever had a judgment in an action for fraud, deceit, or misrepresentation entered against by any court of competent jurisdiction; (3) Has pending any material legal claim, lawsuit, or administrative proceeding arising out of or involving a cable system; (4) Is financially solvent, by submitting financial data including financial statements that are audited by a certified public accountant who may also be an officer of the transferee or controlling entity, along with any other data that is lawfully required; and (5) Has the financial, legal and technical capability to enable it to maintain and operate the Cable System for the remaining term of the Franchise. (E) The City shall act by ordinance or resolution on the request within one hundred twenty (120) days of receipt of the FCC Form 394 application, provided it has received a complete application. Subject to the foregoing, if the City fails to render a final decision on the request within one hundred twenty (120) days, such request shall be deemed granted unless the requesting party and the City agree to an extension of time. (F) Within thirty (30) days of any transfer or sale or change in control, if approved or deemed granted by the City, Grantee shall file with the City a copy of the deed, agreement, lease or other written instrument evidencing such sale or transfer of ownership or control, certified and sworn to as correct by Grantee and the transferee or controlling entity, and the transferee or controlling entity shall file its written acceptance agreeing to be bound by all of the provisions of this Franchise, subject to Applicable Law. In the event of a change in control, in which the Grantee is not replaced by another entity, the Grantee will continue to be bound by all of the provisions of the Franchise, subject to Applicable Law, and will not be required to file an additional written acceptance. The approval of any change in control shall not be deemed to waive any rights of City to subsequently enforce noncompliance issues relating to this Franchise. For purposes herein to the extent that a change of control involves an entity that was not an Affiliate prior to the contemplated transaction, the City’s consent shall be required for such change in control.   48                        CITY OF BREMERTON - Comcast Cable Television Franchise (G) In reviewing a request for sale or transfer or change in control, the City may inquire into the legal, technical and financial qualifications of the prospective controlling party or transferee, and Grantee shall assist the City in so inquiring. The City may condition said sale or transfer or change in control upon such terms and conditions as it deems reasonably appropriate, provided, however, any such terms and conditions so attached shall be related to the legal, technical and financial qualifications of the prospective controlling party or transferee and to the resolution of outstanding and unresolved issues of noncompliance with the terms and conditions of this Franchise by Grantee. (H) Notwithstanding anything to the contrary in this subsection, the prior approval of the City shall not be required for any sale, assignment or transfer of the Franchise or Cable System to Grantee’s Affiliates or to an intracompany entity controlling, controlled by or under the same common control as Grantee, provided that the proposed assignee or transferee must show financial responsibility as may be determined necessary by the City and must agree in writing to comply with all of the provisions of the Franchise. Further, Grantee may pledge the assets of the Cable System for the purpose of financing without the consent of the City; provided that such pledge of assets shall not impair or mitigate Grantee's responsibilities and capabilities to meet all of its obligations under the provisions of this Franchise. In the event that Grantee sells, assigns or transfers the Franchise or Cable System or transfers control to an entity not affiliated with Grantee, the City reserves the right to increase the amount of liquidated damages provided in this Franchise. SECTION 18. PROHIBITED PRACTICES AND NOTICES 18.1 Preferential or Discriminatory Practices Prohibited Grantee shall not discriminate in hiring, employment or promotion on the basis of race, color, ethnic or national origin, religion, age, sex, sexual orientation, or physical or mental disability. Throughout the term of this Franchise, Grantee shall fully comply with all equal employment and non-discrimination provisions and requirements of federal, State and local laws, and rules and regulations relating thereto. 18.2 Notices Throughout the term of this Franchise, each party shall maintain and file with the other a local address for the service of notices by mail. All corrective notices, PEG and Access Channel related notices, billings, material notices, enforcement actions and responses and annual reporting shall be sent to such respective address, and such notices shall be effective upon the date of mailing. Channel changes, price increases and non-material notices may be sent via email. Grantee's physical address shall be: Comcast Cable Communications Management, LLC 900 132nd ST SW Everett, WA 98204 Attention: Franchising Department Grantee’s email address shall be:   49                        CITY OF BREMERTON - Comcast Cable Television Franchise zshoni_nalls@comcast.com  City's physical address shall be: City of Bremerton, Washington 345 6th Street, Suite 100 Bremerton, Washington 98337 Attention: Contracts Administrator   City’s email address shall be: City.clerk@ci.bremerton.wa.us BKAT will receive copies of all notices sent to the City from Grantee in regards to Access matters related to and affecting the Access Channels, including HD or additional channels, Headend connections and similar matters with a copy to: BKAT 7266 Tibardis Rd NW Bremerton, WA 98311 SECTION 19. ABANDONMENT If the Grantee abandons its System during the Franchise term, or fails to operate its System in accordance with any duty to provide continuous service to Subscribers, the provisions of this Franchise and the City Code shall apply and the City, at its option, may operate the System or; designate another entity to operate the System temporarily until the Grantee restores service under conditions acceptable to the City, or until the Franchise is revoked and a new cable operator is selected by the City. If the City designates another entity to operate the System, the Grantee shall reimburse the City for all reasonable costs, expenses and damages incurred, including reasonable attorneys’ fees, court expenses and attributed expenses for work conducted by the City’s staff or authorized agents. SECTION 20. MISCELLANEOUS PROVISIONS 20.1 Cumulative Rights Subject to Applicable Law, all rights and remedies given to the City by this Franchise or retained by the City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to the City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by the City and the exercise of one or more rights or remedies shall not be deemed a waiver of the right to exercise at the same time or thereafter any other right or remedy. 20.2 Costs to be Borne by Grantee   50                        CITY OF BREMERTON - Comcast Cable Television Franchise Grantee shall pay for all costs of publication of this Franchise, and any and all notices prior to any public meeting or hearing provided for pursuant to this Franchise. 20.3 Binding Effect This Franchise shall be binding upon the parties hereto, their permitted successors and assigns. 20.4 Authority to Amend This Franchise may be amended at any time by written agreement between the parties. 20.5 Venue The venue for any dispute related to this Franchise shall be in an appropriate court of competent jurisdiction in Kitsap County, Washington, or in the United States District Court for the Western District of Washington. 20.6 Governing Laws This Franchise shall be governed, construed and enforced in accordance with the laws of the State of Washington (as amended), the Cable Act as amended, any applicable rules, regulations and orders of the FCC, as amended, and any other applicable local, State and federal laws, rules, and regulations, as amended. To the extent there is a conflict between this Franchise and Bremerton Municipal Code Section 11.01 or any City Ordinance or Resolution, the terms and provisions of this Franchise shall control. 20.7 Captions The captions and headings of this Franchise are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of any provisions of this Franchise. 20.8 No Joint Venture Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner that would indicate any such relationship with the other. 20.9 Waiver The failure of either party at any time to require performance by the other of any provision hereof shall in no way affect the right of the other party hereafter to enforce the same. Nor shall the waiver by either party of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. 20.10 Severability If any Section, subsection, paragraph, term or provision of this Franchise is determined to be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other Section, subsection, paragraph, term or provision of this Franchise, all of which will remain in full force and effect for the term of the Franchise. 20.11 Compliance with Federal, State and Local Laws The Grantee shall comply with applicable federal, state and local laws, now existing or hereafter adopted.   51                        CITY OF BREMERTON - Comcast Cable Television Franchise 20.12 Force Majeure No party shall be held in default under, or in noncompliance with, the provisions of this Franchise, nor suffer any enforcement or imposition of damages relating to noncompliance or default, where such noncompliance or alleged defaults occurred or were caused by circumstances reasonably beyond the ability of the party to anticipate and control, including war or riots, civil disturbances, pandemics, floods or other natural catastrophes, vandalism, System interferences by third parties, labor stoppages, slow downs, availability of materials, labor or equipment, power outages exceeding back-up power supplies or work delays caused by waiting for utility providers to service or monitor their utility poles to which the Grantee's Cable System is attached. 20.13 Entire Agreement This Franchise and Exhibit A which is the I Net Maintenance Agreement and Exhibit B which are incorporated herein by reference and made part of this Franchise represent the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersede all prior oral and written negotiations between the parties. 20.14 Attorneys' Fees If any action or suit arises in connection with this Franchise, either the City or Grantee, as the case may be, shall be entitled to recover all of its reasonable attorneys' fees, costs and expenses in connection therewith as determined by the court. 20.15 Action of the City or Grantee In any action by the City or Grantee mandated or permitted under the terms hereof, it shall act in a reasonable, expeditious and timely manner. Furthermore, except as provided elsewhere in this Franchise, in any instance where approval or consent is required under the terms hereof, such approval or consent shall not be unreasonably withheld. 20.16 Acceptance Within forty-five (45) days of receipt of the Franchise after its execution by the City, this Franchise shall be accepted by Grantee by filing with the City Clerk an unconditional, written acceptance of all of the terms, provisions and conditions of this Franchise. The failure of Grantee to file such an acceptance shall be deemed a rejection by the Grantee and this Franchise may then be voidable at the discretion of the City.   52                        CITY OF BREMERTON - Comcast Cable Television Franchise SECTION 21. EFFECTIVE DATE. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law.  IN WITNESS WHEREOF this Franchise is signed in the name of Bremerton, Washington this _____ day of ________, 2024. PASSED by the City Council the___________ day of ____________________, 2024 JENNIFER CHAMBERLIN, Council President Approved this ________ day of ________________________, 2024 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk KYLIE J. FINNELL, City Attorney PUBLISHED the________ day of ______________________, 2024 EFFECTIVE the_________day of ______________________, 2024 ORDINANCE NO. ____________   53                        CITY OF BREMERTON - Comcast Cable Television Franchise ORDINANCE NO. ____________ CITY COUNCIL CITY OF BREMERTON, WASHINGTON In the matter of the application of : Comcast Cable Communications : Franchise Ordinance No. ________ Management, LLC for a franchise to : construct, operate and maintain : facilities in, upon, over under, along, : across and through the franchise : ACCEPTANCE area of the City of Bremerton, : Washington : WHEREAS, the City Council of the City of Bremerton, Washington, has granted a franchise to Comcast Cable Communications Management LLC., its successors and assigns, by enacting Ordinance No. ______, bearing the date of _________, 2024; and WHEREAS, a copy of said Ordinance granting said franchise was received by the Comcast Cable Communications Management LLC. on ___________________, 2024, from said City of Bremerton, Kitsap County, Washington. NOW, THEREFORE, Comcast Cable Communications Management, LLC, for itself, its successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington. IN TESTIMONY WHEREOF said Comcast Cable Communications Management, LLC has caused this written Acceptance to be executed in its name by its undersigned ______________ thereunto duly authorized on this _____ day of _____________, 2024. COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC. By:_________________________________ Its: _________________________________   54                        CITY OF BREMERTON - Comcast Cable Television Franchise EXHIBIT A I-NET MAINTENANCE AGREEMENT WHEREAS, on August 23, 1997, the City granted a cable television franchise by Ordinance No. 4598 (the “Prior Franchise”), and WHEREAS, Section 6.2 of the Prior Franchise contemplates the manner in which the City may require the provision of an I-Net; and WHEREAS, the City paid for and Comcast completed construction of the I-Net and the parties have determined that it is necessary to clarify the terms and conditions for maintenance of the City utilized I-Net, for the City, by Comcast Cable Communications Management, LLC (referred to in this Exhibit A as “Comcast” or “Grantee”). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. City I-Net Fiber Connections to City Buildings within City Limits and Non- Commercial Applications. Grantee has provided I-Net connections to the public buildings as designated in the mutually agreed upon site list attached hereto, as Exhibit B, with each building connecting to the City Hub. The City shall have an indefatigable, exclusive right of use thereof for non-commercial private network communications, which right cannot be revoked by Comcast, or successor companies if any, during the term of the Franchise or any extension or renewal thereof. In the context of the I-Net, non-commercial means governmental private network communications from and among government agencies and other public agencies and excludes leasing or reselling I-Net capacity to a third party for any commercial purpose. References in this Exhibit A to the City utilized I-Net also include usage by other Qualified I- Net Users. However, notwithstanding anything in this Agreement to the contrary, Comcast shall at all times own in fee and maintain the outside aerial and underground fiber optic cable and associated facilities and equipment up to said fiber termination points where physically connected to City-owned facilities, equipment or optronics. Section 2. Fiber Construction and Termination. Fiber has been constructed and terminated in accordance with Comcast standard practices, including but not limited to practices concerning connectorization. Comcast is allowed to utilize City-owned conduit with available capacity, if any, at no charge if such City-owned conduit with available capacity, if any, is directly used in connection with this I-Net, for fiber construction on City property and in the Public Right-of-way, and the City has agreed to grant Comcast all necessary rights of entry, easements and licenses to accomplish the construction to the sites referenced hereunder and listed on Exhibit “B” attached hereto for those specific purposes. Each fiber connection has been terminated at an internal point or demarcation in a Comcast standard fiber termination panel, unless the City provides another means of termination, in which case the City has provided, at its expense all necessary fiber termination equipment. At each fiber termination location, the fiber has been terminated by the City.   55                        CITY OF BREMERTON - Comcast Cable Television Franchise Section 3. Maintenance of Fiber. Routine maintenance on the fiber used for City utilized I-Net purposes and including associated facilities and equipment used exclusively for I-Net transmission purposes and located on Grantee’s side of its regular demarcation point (that is, the Grantee’s side of the I- Net fiber termination panel located at each site) will be conducted on the same schedule as routine maintenance of Grantee’s Cable System. Any repairs effected upon the fiber and associated I-Net facilities and equipment shall be performed by Grantee, with prior notice of at least five (5) business days to the City when practicable. In emergency conditions, such as a natural emergency resulting from a windstorm, Grantee will effect emergency repair work on the Grantee utilized fiber and City utilized I-Net fiber, if any, in the course of conducting its own emergency repair work on its Cable System, except where City utilized I-Net fiber may not be co-located with Grantee’s Cable System on a strand or in conduit, in which case Grantee fiber shall be repaired as a first priority and City utilized I-Net fiber shall be repaired as a second priority in a continuous repair window. In such event, Grantee shall have no liability to the City for a delay in I-Net service restoration. Grantee shall levy an all-inclusive, annual maintenance fee for all routine maintenance, non-emergency and emergency repairs upon the City utilized I-Net fibers and associated facilities and equipment from the Grantee side of the I-Net fiber termination panel located at each site out to and including the backbone fiber. Section 4. Service Trouble Calls and Escalation. The City acknowledges that Grantee does not actively monitor the signal transmission upon City utilized I-Net fiber, and may have no notice of a service outage but for a City-initiated notification. For any outages of City utilized I-Net fiber as determined by the City, the City’s designated representative shall contact the designated local Network Operations Center (NOC) at +1 (855) 537-6296 (option 1; then option 2). Grantee shall respond on-site to any routine trouble calls within four (4) hours of receipt of notification at the NOC and shall actively begin working on the problem until it is resolved. In order to document its work on the City-utilized I-Net fiber, Grantee will use its normal trouble ticket processes. In the event of an inability to initially resolve I-Net problems, Grantee shall follow its normal escalation procedures for correcting fiber outages. Grantee will communicate with the City’s designated representative following resolution of the I-Net problems and, at the City’s request, provide documentation of the I-Net problem resolution. Such documentation shall include, among other things, a description of the cause and resolution of the problem for each I-Net tr ouble ticket. Section 5. Administration, Maintenance and Management. The City shall be responsible for the ongoing administration, maintenance and management of the non-backbone I-Net facilities and equipment owned by the City and located on the City side of the I-Net fiber termination panel located at each site, and the City internal site network itself, unless it contracts with Grantee separately for a managed network. All such maintenance conducted by the City shall be performed in accordance with industry standards, and any equipment owned and used by the City shall comply in all respects with applicable governmental codes, laws, ordinances or regulations.   56                        CITY OF BREMERTON - Comcast Cable Television Franchise Section 6. Equipment or Modifications. The City will not attach any equipment or otherwise modify the I-Net in any way that will interfere with the signal quality and the normal operation of Grantee’s Cable System. The City may not access any part of the backbone fiber and associated facilities and equipment outside the actual I-Net site fiber termination panel, and the City’s permitted access shall in no event extend beyond the City’s side of the fiber termination panel. Section 7. Undergrounding. When electric and telephone utility wiring in an area of the City are relocated underground, Grantee shall be responsible for relocating City I-Net utilized fiber at Grantee’s cost when Grantee’s Cable System is placed underground at the same time. Notwithstanding the foregoing, should an increased cost differential arise because of Grantee’s having to do additional splicing, increase the size of its conduit, vaults, or fiber sheath (because of the undergrounding), then the City shall pay the reasonable, incremental cost differential pertaining to the City I-Net utilized fiber only. Section 8. Annual Maintenance Fee. The ongoing maintenance and repair of the City utilized I-Net fiber(s), whether scheduled or not scheduled, or prompted by an emergency, shall be performed by Grantee as part of an annual maintenance fee that reflects the marginal cost of providing such service. Such fee shall be Seven Hundred Dollars ($700.00) per mile per year and shall adjust annually, after the first year, for the applicable annual maintenance fee by an amount equal to the increase in the Consumer Price Index (CPI-U) rate for the Seattle area. For the CPI-U calculation, the yearly time period shall be from June to June and the increase shall apply in each subsequent calendar year. By way of example only, the CPI-U will be determined between June 2024 and June 2025 for the January- December 2025 rate increase. The annual cost will be $700 per mile per year plus current change in the CPI-U rate for the Seattle Area calculated from the June rate of the current year minus June rate of the prior year; and the CPI-U will not be applied to cumulative increases of CPI-U to the $700 annual fee. Total I-Net mileage shall be calculated as indicated in Exhibit B. Such maintenance and repair fee shall apply without regard to the number of necessary non-emergency or emergency repair incidents reported, and shall cover, without limitation, restoration of outages caused by third- party plant damage, damage wrought by inclement weather, quarterly system drive-outs for preventive maintenance, code compliance inspections, fiber functionality testing and re- documentation, pole change-outs and pole relocations, strand replacement, strand/facilities re- tensioning and anchoring, and all labor, materials and equipment charges and associated engineering costs. Except for an emergency, maintenance and repair work will not be performed without the prior written consent of the City. Grantee shall recoup the maintenance fee through a deduction to the quarterly franchise fee payment owed to the City under the Franchise, agreed upon by both parties. The deduction shall   57                        CITY OF BREMERTON - Comcast Cable Television Franchise be made consistent with the provisions of the Franchise and the Exhibits thereto. The deduction will be made on an annual basis in the quarter after the CPI-U rates are available. The City shall not challenge the base amount of the maintenance fee ($700 per mile per year) unless a future ruling or order is provided by the FCC, or a federal law is enacted, or a judicial interpretation is issued of what constitutes marginal cost. In such event, the parties will work in good faith to agree on the new maintenance fee. Absent such agreement, the parties may seek non-binding mediation to attempt to resolve the dispute regarding the calculation of the maintenance fee. If the parties are unable to resolve the dispute, either mutually or through non- binding mediation, I-Net usage by the City and other Qualified I-Net users shall be allowed to continue for one (1) year from the date of the new FCC ruling or order or federal law enactment or judicial decision, at the same rate as the then current maintenance fee.   58 CITY OF BREMERTON - Comcast Cable Television Franchise   EXHIBIT B PUBLIC BUILDINGS & MILEAGE HUB NORM DICKS GOVERNMENT CENTER (HUB) 345 6TH STREET SITE 4 BREMERTON PUBLIC WORKS 100 OYSTER BAY AVE SITE 7 WASTEWATER 1600 OYSTER BAY AVE S SITE 8 BREMERTON POLICE STATION 1025 BURWELL ST SITE 9 MAX MEIGS FIRE STATION #2 5005 KITSAP WAY SITE 10 TED TILLETT FIRE STATION #3 3031 OLYMPUS DR NE SITE 12 SHERIDAN PARK COMMUNITY CENTER 680 LEBO BLVD SITE 13 BREMERTON YMCA 2261 HOMER JONES DR SITE 14 BREMERTON SENIOR CENTER 1140 NIPSIC AVE SITE 15 BREMERTON MUNICIPAL COURT 550 PARK AVE TOTAL MILEAGE = 9.85 miles NE Cluster of Sites 10, 12, 13, & 14 – 4.44 miles W Cluster of Sites 4, 7, 8, 9, & 15 – 5.41 miles AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: December 11, 2024 Local Agency Contract with Ceccanti, Inc. for the 6th Street Phase III Pavement Preservation Project COUNCIL MEETING Date: December 18, 2024 Department: PW & Utilities Presenter: Chris Dimmitt Phone: (360) 473-2307 SUMMARY: Bids were opened for the project on November 14, 2024 and 7 bids were received. Ceccanti Inc, is the lowest responsive, responsible bidder with their bid totaling $3,995,896.32, including sales tax. The Washington State Department of Transportation is required to concur with the City's recommendation to award the contract, and the City is currently awaiting that concurrence. The contract is in WSDOT standard format as required for Federal Aid Projects. The project includes asphalt pavement repair, asphalt planing, fiber reinforced HMA pavement overlay, ADA curb ramp demolition and reconstruction, installation of new water main line with service connections, abandonment of existing watermain, stormwater system modifications, combined sewer separation, installation of a new traffic signal with vehicle detection systems, pavement markings, and signing and traffic control between Warren Avenue and Naval Avenue. ATTACHMENTS: 1) Contract; 2) Bid Tabulation; FISCAL IMPACTS (Include Budgeted Amount): This project cost is included in the Transportation Capital Projects (TransCap) budget. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award contract with Ceccanti, Inc for the 6th Street Phase III Pavement Preservation Project in the amount of $3,995,896.32, including sales tax; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented, upon concurrence from WSDOT. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A3 City of Bremerton 214-1896-186 6th Street Preservation Phase III Project I-49 October 2024 Contract Documents Local Agency Contract (WSDOT Form 272-006a) City of Bremerton 214-1896-186 6th Street Preservation Phase III Project I-50 October 2024 Contract Documents AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: December 11, 2024 Professional Services Agreement with Kennedy Jenks for the Tracyton Beach Road Sewer Improvements Project COUNCIL MEETING Date: December 18, 2024 Department: Public Works & Utilities Presenter: David Powell Phone: (360) 473-5268 SUMMARY: This project will remedy an ongoing challenging maintenance and potential environmental concern for the sewer along Tracyton Beach Road in East Bremerton. This 4,000 feet of 8-inch diameter sewer requires weekly maintenance by City operations staff due to the low flow velocities through the sewer pipeline. The purpose of the proposed design is to remedy this by increasing the flowrate through the sewer main using pumps to improve sewer flow velocity. The benefits of this project include reduced operations and maintenance costs, reduction in the possibility of SSOs, reduction in sewer odors and decreased risk to O&M staff. Kennedy Jenks has completed a Preliminary Design Technical Memorandum that describes several approaches to the project and the preferred alternative which is the basis for the Final Design. ATTACHMENTS: 1. Agreement ; 2. Location Map FISCAL IMPACTS (Include Budgeted Amount): The Tracyton Beach Main Conversion project is identified in the 2025-2030 Capital Improvement Program as CIP Project ID# WW00036 for $5.0M. This project is currently approved for a low interest SFR Loan (Agreement No. WQC-2023-BremPW- 00148) through the Department of Ecology for $5.008M. The Final Design proposal scope of work is $758,036. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the agreement for Final Design of the Tracyton Beach Road Sewer Improvements Project in the amount of $758,036, including sales tax, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 A4 Page 1 of 7 Bremerton/Kennedy Jenks Final Design Services for Tracyton Beach Road Sewer Improvements November 2024 PROFESSIONAL SERVICES AGREEMENT Final Design Services for Tracyton Beach Road Sewer Improvements / #5875 The City of Bremerton (“City”) and Kennedy Jenks (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated November 15, 2024, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $758,036. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City’s employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, Page 2 of 7 Bremerton/Kennedy Jenks Final Design Services for Tracyton Beach Road Sewer Improvements November 2024 insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City’s administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, offici als, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in Page 3 of 7 Bremerton/Kennedy Jenks Final Design Services for Tracyton Beach Road Sewer Improvements November 2024 connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 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. Page 4 of 7 Bremerton/Kennedy Jenks Final Design Services for Tracyton Beach Road Sewer Improvements November 2024 The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or Consultants (sub-consultants or sub- Consultants) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-Consultant meets the minimum insurance requirements specified above. The Consultant 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. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Federal Way, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Page 5 of 7 Bremerton/Kennedy Jenks Final Design Services for Tracyton Beach Road Sewer Improvements November 2024 E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Federal Way, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: David Powell Attn: Nathan Ward City of Bremerton Kennedy Jenks 345 6th Street, Suite 100 32011 32nd Ave S, Ste 100 Bremerton, WA 98337-1891 Federal Way, WA 98001 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. Page 6 of 7 Bremerton/Kennedy Jenks Final Design Services for Tracyton Beach Road Sewer Improvements November 2024 N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Consultant without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subconsultants, or any person acting on behalf of Consultant 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. IX. 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. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if t he other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's Page 7 of 7 Bremerton/Kennedy Jenks Final Design Services for Tracyton Beach Road Sewer Improvements November 2024 possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Washington State and Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON KENNEDY JENKS By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Kylie J. Finnell, Bremerton City Attorney Angela Hoover, City Clerk Attachments: EXHIBIT A – Agreed Scope of Work EXHIBIT B – Schedule EXHIBIT C – Fee Estimate and Sub Proposals R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 04 2023.docx SCOPE OF SERVICES City of Bremerton Tracyton Beach Road Sewer Improvements Detailed Design Phase Background The sanitary sewer along Tracyton Beach Road (TBR) is a gravity-pressure (sewer) main with 4,000 linear feet (LF) of 8-inch diameter ductile iron pipe. The sewer main is located near the Port Washington Narrows, a water body that connects Sinclair Inlet and Dyes Inlet. The sewer was installed in 1991 and current conditions of the pipe are unknown, however the City has noted ongoing maintenance issues between the upstream end of the gravity-pressure main, at Clean Out #5, and the downstream end, at Sewer Manhole #D (see figure below). These issues are due mainly to the low sewage volume from the upland collection systems draining into the pipe and the low to negative pipe slope which limits the ability to achieve an adequate scouring velocity. Figure 1 shows the alignment of the existing sewer main along TBR. Current peak flows in the system are 159 gpm per the City’s 2014 Wastewater Comprehensive Plan which is below the minimum velocity to achieve scouring in an 8-inch pipe. Due to the low flow volume, insufficient scour velocity, and intermediate high points along the main, solid deposition occurs and the sewer backs up, which could lead to a sanitary sewer overflow (SSO). Exhibit A NOVEMBER 15, 2024 Figure 1: Proposed Improvements Along Tracyton Beach Road The City's proposed solution converts the low pressure main to a standard force main and gravity collection system. The proposed improvements construct two new lift stations: one at the north end near NW Carter Farms Ct and the other at the south near Gerard Place. Gravity flow from E 31st Street will be routed to the north pump station via a new conventional gravity sewer. A new grinder station will be installed to serve the home on NW Alta Dr and will discharge directly into the new force main. The existing 8-inch ductile iron low pressure main from the north pump station to the terminus at Sewer Manhole #D will be slip-lined with a new 6-inch HDPE pressure pipe. All existing clean-outs will be capped or converted to serve as cleanouts for the new force main. Scope of Service The following details the scope of work to be performed by Kennedy/Jenks Consultants, Inc. (KJ). The scope consists of the following tasks: 1. Project Management and Quality Assurance 2. Geotechnical Engineering 3. Permits and Approvals 4. Survey 5. Detailed Design 6. Bid Assistance Task 1 Project Management and Quality Assurance This task consists of project management and coordination of the activities defined in the contract. Consultant Services: Subtask 110 - Project Management and Communications · Preparation of monthly invoices and status reports. · Maintenance of the project schedule, budget tracking and project files. · Coordination with sub-consultant’s activities. · Facilitation of client communication related to project execution. Subtask 120 - QA/QC Monitoring and Project Reviews · Conduct an in-house Concept and Criterion (C&CR) meeting early in the project to obtain focused technical input from senior Consultant staff based on their experience from other similar projects. · Quality assurance reviews to verify that plans, specification, and OPCCs have been reviewed for quality at intermediate milestone submittals (e.g. 30%, 60%, 90%, 100%), and other deliverables included in the scope of work will be reviewed. Quality control reviews will be performed by senior Consultant staff as identified in the QMP. Budget for quality control reviews has been included with the deliverable tasks. City Responsibilities: · Communicate with the Consultant Project Manager as needed · Timely review and approval of invoices Assumptions: · This scope includes project management through the design, bidding, and the construction phase. · The project duration for design and bidding will be 11 months. Deliverables: · Monthly invoices and status reports over the term of this work assignment (assume 11 monthly invoices). Schedule: · Design: 10 months from NTP · Bidding: 11 months from NTP Task 2 – Geotechnical Engineering Subtask 210 – Geotechnical Site Investigation Consultant Services: Consultant will retain the services of Sage Geotechnical to perform geotechnical explorations and provide geotechnical design criteria for the project. The following outlines the services that are included in this project: 1. Field Investigation and Laboratory Testing: a. Consultant will review readily available geologic and geotechnical data for the site and the surrounding area. b. Contact the Washington Utilities Coordinating Council’s “One Call” locating service and coordinate the clearance of underground utilities at the proposed exploration locations. c. Subcontract traffic control services. d. Explore subsurface soil and groundwater conditions at the site by advancing six borings: three 35-ft-deep borings near the proposed structure locations and two or three 20-ft-deep borings along the proposed sewer alignment. One of the 20- ft-deep borings may be omitted so fieldwork can be completed within the 4 days budgeted. Borings may need to be advanced with the mast of the drill rig down/lowered (to avoid contact with overhead power lines) and with restricted work hours, thereby limiting work production rates. Sage personnel will monitor the explorations, collect representative soil samples, and maintain detailed logs of the subsurface conditions observed. Sage will subcontract the drill rig and operator. The borings will be advanced to the depths indicated above, or shallower if refusal due to heaving soils or very dense glacial soils are encountered. e. Complete three of the borings with monitoring wells. Sage will monitor site groundwater elevations for 9 months (see Task 4). f. Perform geotechnical laboratory testing on select soil samples obtained from the explorations. Sage anticipates that its laboratory testing program will include 25 combined grain size analyses and hydrometer tests and 25 moisture content determinations. 2. Geotechnical Analysis and Reporting: a. Prepare a draft and final geotechnical memorandum summarizing the findings and recommendations. 3. Groundwater Monitoring: a. Consultant will install a datalogger in each of the three groundwater monitoring wells constructed in Task 2. b. Visit the site twice during the 9-month groundwater monitoring period to confirm that the dataloggers are functioning properly, to collect manual readings, and to download groundwater data. c. Evaluate the groundwater data and incorporate it into the final technical memorandum described in Task 3. City Responsibilities: · Support ROW permit application · Coordinate access to private properties with landowners. Assumptions: · City/County right-of-way permit fees will be paid by the City · Fieldwork can be completed during standard business hours (i.e., no weekend or nighttime drilling will be required). Sage assumes that roadway closures may be restricted to a 6-hour window (e.g., from 9 a.m. to 3 p.m.). · Analytical testing of site soil and groundwater is excluded from this scope of services. If potentially contaminated soil or groundwater is encountered during drilling, Sage will seek authorization from KJ and the City to test and dispose of the contaminated material. · Decommissioning of the monitoring wells is excluded from this scope of services. If needed, decommissioning by a licensed driller should be included as a bid item in the project plans and specifications. · A portion of the proposed sewer alignment is located within a large landslide complex that is currently developed with roads and residential structures. If needed, Sage will complete a landslide hazard analysis and respond to reporting requirements in the Kitsap County critical area ordinance to demonstrate that the sewer project will not have a significant impact on the landslide factor of safety. No other landslide stability analysis will be required, and the subsurface data collected during the geotechnical investigation will be sufficient for this level of landslide hazard analysis. If landslide risks require additional study or mitigation, Consultant will work with City to amend the contract to include this added work. · The same right-of-way use permit obtained for geotechnical drilling can be used to access groundwater monitoring wells. Deliverables: · Draft and Final Geotechnical Technical Memorandum Task 3 – Permits and Approvals Subtask 310 – Permits and Approvals Consultant will lead permitting and approvals identified in the project Permitting and Approval Matrix during the preliminary design phase. The following describes the work included in this scope. 1. SEPA Checklist: Consultant will prepare the SEPA Checklist for the project in conformance with Washington Administrative Code (WAC) 197-11-960 and City standards. The SEPA Checklist will briefly describe the project and address the project’s effects on elements of the environment. The SEPA Checklist will include a list of permit requirements for the proposed project. The work includes review of additional City documents, such as the comprehensive plan, zoning code, critical area code, and other development regulations. 2. Shoreline Permit Application: Consultant will prepare a technical memorandum demonstrating project consistency with the City’s Shoreline Master Program (SMP) and associated City application form. This task includes a site reconnaissance to identify approximate location of the ordinary high water mark of Port Washington Narrows for incorporation of SMP jurisdiction relative to the project location and wetland reconnaissance. 3. JARPA: Consultant will prepare the Joint Aquatic Resource Permit Application (JARPA) to support the City application. The JARPA form will include project-specific information including the listing of adjacent property owners. 4. State Environmental Review Process (SERP) Support: Consultant will prepare the State Environmental Review Process (SERP) Environmental Review Document form. In support of the form, Landau will prepare a memorandum summarizing demographic data for the project vicinity. 5. Cultural Resources Support: Consultant will identify cultural resources in the project corridor for anticipated compliance with Section 106 of the National Historic Preservation Act (NHPA) and prepare and submit Ecology's Cultural Resources Review form. 6. Local/County Permits: Kitsap County’s Community Development Department and City of Bremerton require ROW permitting for work in the ROW both during design and construction. No other City or County permits are anticipated or included in this scope of work. Should additional construction permitting be required through the City or County other than those listed above, that work may be added via an amendment. City Responsibilities: · Support ROW permit application · Prepare summary of public outreach and public engagement efforts for SERP · Pay all permit application and approval fees · Serve as owner identified for all permits and approvals · If required, the City will obtain authorization from property owners to access the properties. The City shall be notified in advance of those sites requiring shovel probing in the judgment of the archaeologist. Assumptions: · The project will not require preparation of a SEPA Environmental Impact Statement. Either a Determination of Non-Significance (DNS) or a mitigated DNS will be issued for the project. · City staff will prepare and publish the DNS (or mitigated DNS). · Budget does not include time for Consultant to attend a public meeting or public hearing should one be necessary. · Consultant will provide a draft copy of the SEPA Checklist to the City for review. City will provide one set of consolidated edits to Consultant. Final SEPA Checklist will be prepared for publication based on those edits. · Budget assumes one round of comments for Consultant’s involvement in responses or revisions to the SEPA Checklist based on public or agency comments. · The project avoids work in wetlands and below the ordinary high water line of waterways and will not require authorization from the USACE or WDFW. · Summary of wetland reconnaissance will be provided in the shoreline consistency evaluation. · No wetland or stream critical areas occur in the project vicinity. · The project avoids impact to floodplains. · Preparation of a Section 7 Endangered Species Act effect determination is not included in this scope of work. · Site access will be reasonable and unrestricted. · An archaeologist will not be required to evaluate structures or prepare Historic Inventory Forms. · No human skeletal remains or archaeological sites will be identified during the survey. · If the significance of an archaeological site found in the project area or its subsurface boundaries cannot be determined from the site survey, additional formal subsurface investigations or other documentation may be required. Such methods are excluded from this scope but can be added via an amendment. Deliverables: · An electronic (Microsoft Word format) copy of the draft SEPA Checklist. · An electronic (PDF format) copy of the final SEPA Checklist. · Draft and final SMP Consistency Evaluation memorandum (PDF format) · Draft and Final SMP application form and JARPA (PDF format) · Draft and Final SERP Environmental Review Document form (PDF format) · Draft and Final Cultural Resources Report (PDF format) · County Permit forms for construction approval (PDF or Microsoft Word format) · Ecology’s Cultural Resources Report (CRR) form and Inadvertent Discover Plan (IDP). Task 4 – Survey Subtask 410 – Field Survey Consultant Services: Consultant will perform topographic survey to provide a basemap and right-of-way determination. Field mapping within the project limits will include topography, manmade surface features, overhead and underground utilities. Basemap preparation will include 1”=20’ topographic basemaps and digital terrain model (DTM) in AutoCAD 2021 format. One-foot contours will be generated from the DTM. City Responsibilities: · Assist with site access and related efforts and participate in site visits. Coordinate access to private properties and any associated agreements, permits, and easements needed for access. Assumptions: · Remaining budget from preliminary design phase will be transferred to this phase of the work to perform survey as needed to support the project. Task 5 - Detailed Design Subtask 510 – Design Development Consultant Services: This Task will include detailed development of design for installation of a proposed sliplined 6- inch HDPE pipe, new gravity sewer, two (2) new sewer lift stations, and a grinder pump station to serve the home on NW Alta Dr. Intermediate design deliverables will be prepared and submitted to the City at the 30%, 60%, and 90% level of completeness and preparation of a Department of Ecology (DOE) submittal prior to issuing the Final Design and Construction Bid Documents. Activities and major design components included in this subtask are as follows: 1. Site Visits: Consultant team will participate in up to three (3) site visits to the project site. Site visit will include Consultant PM and up to two other staff depending on the topic for the visit. 2. Workshops and Project Coordination: Each workshop will be in person and attended by up to two (2) Consultant staff and will last up to 4 hours in duration. Additional effort has been included in the budget for meeting material preparation and follow-up meeting notes and communications. a. Workshop #1: Operations and Maintenance: This workshop is to engage Operations and Maintenance staff to ensure design features accommodate future operating procedures and/or facility maintenance activities. b. Workshop #2: Construction and Facility Start-up: This workshop is to discuss City responsibilities during construction and facility start-up, construction tie-ins, shutdowns, and other construction constraints. 3. Cost Estimate: Prepare an Opinion of Probable Construction Cost (OPCC) for the 30%, 60%, 90%, and Final Design development for the Tracyton Beach Road Sewer Improvements package. 4. Ecology Review Submittal: After the 90% review comments are received, the Consultant will prepare a Review Submittal package for review by DOE and the City of Bremerton. Consultant will review DOE’s and the City’s comments and provide responses. 5. North Lift Station: The North Lift Station will be constructed either completely in the ROW or a partially within an easement the City will obtain from the resident at 200 NW Carter Farms. Equipment will be installed below-grade to the extent practical to minimize obstruction of the view from the residents. Landscaping will be provided where necessary to provide a visual screening of the facility and components. The facility will be a duplex, submersible-type station with a firm capacity of approximately 250 gpm. 6. South Lift Station: The South Lift Station will be constructed partially in the ROW with some of the facility located on an easement the City has obtained from the resident of 2806 Tracyton Beach Road NW. Landscaping will be provided where necessary to provide a visual screening of the facility and components. The facility will be a duplex, submersible-type station with a firm capacity of approximately 115 gpm. 7. Grinder Station: A grinder lift station will be constructed to serve the single property on NW Alta Dr. The grinder station will ultimately be owned by the property owner and designed in accordance with the applicable sections of Division 6 of the City’s Design and Construction Standards. 8. Force Main: To address the low flows and the low spots in the existing 8-inch ductile iron sewer line, the proposed improvements will slipline the 8-inch with a 6-inch HDPE pipe. Approximately 3,000-LF of sewer line will be slip-lined in total. Launching and receiving pits for pipe layout and winching machinery will be excavated at intervals to complete the process. Lateral connections will be excavated individually to complete each tie-in. The force main alignment will include one (1) combination air/vacuum (CAV) valve assembly at the local high point at Alta Drive. The CAV assembly will be installed with a passive odor control system to prevent odor issues in the areas surrounding the CAV vaults. 9. Gravity Sewer: Gravity piping will be designed in accordance with the City’s Design and Construction Standards. Polyvinyl chloride (PVC), SDR 35, and rubber gaskets conforming to ASTM D 3034, 3213, F477, was selected for the gravity main per the City’s Design and Construction Standards. The proposed improvements will include approximately 1250-LF of 8-inch SDR 35 PVC that will run from 31st Street to the north lift station. In accordance with the Orange Book, manholes are required to be provided at a maximum of 300-ft intervals and at changes in direction or grade, which will relate to the addition of six (6) new manholes along the alignment. The gravity sewer will tie into the existing connections along 31st Street. The gravity line will maintain a minimum slope of 0.4%. 10. Electrical Service: The proposed sites are currently supplied with single phase 120V power by Puget Sound Energy (PSE). 480V, alternating current (VAC) 3-phase power is the basis of the electrical design. Coordination with PSE is initiated following submittal of PSE form 201E with a signature from the financially responsible party. The electrical service is proposed to consist of underground conductors from the PSE transformer to the lift stations. A NEMA Type 4x rated, outdoor, electrical enclosure is proposed to house lift station required electrical equipment. 11. Standby Generator: Backup power for each site will be provided by a standby diesel generator. The generators are proposed to be 50 kW/60 Hz Cummins generators within a Level 2 acoustic enclosure. City Responsibilities: · Schedule necessary City staff to participate in workshops. · Provide timely review of comments on design submittals. · Coordinate access to private properties with landowners. · Obtain easements and/or lease agreements for new pump station sites. Assumptions: · Homes north of 31st Street that are currently served by City sewer will be reconnected to the new gravity. Modifications to existing residential systems are not included in this scope. · Screening panels (if needed) will be comprised of off-the-shelf components; no custom design or fabrication will be required. · Wall treatments (if needed) will be limited to material/color selection and will be provided to Kennedy Jenks for inclusion on civil plans and specs. · Drawings will be completed using KJ CAD Standards and standard specifications. Technical specifications will be in CSI format. · Budget does not include a fully designed retaining wall. · Electrical and standby power equipment will be installed the same for each site. · Project does not include a support building. Electrical panels will be located outside in a weather-rated enclosure. · Generator will include a manufacturer designed sound enclosure. · New and replaced impervious surfaces will not exceed 2,000 SF. Stormwater minimum requirements will be limited to Minimum Requirement #2: Preparation of a Construction Stormwater Pollution Prevention Plan (SWPPP). · ROW use permits for this project will be required through both the City and County. · City crews will CCTV a portion of the existing 8” ductile iron pipe prior to detailed design to develop a basis for the condition of the existing pipe. CCTV videos will be provided to the contractor for reference. · Force main upgrades will be bid as slip lining line item and a contingency provided for open-cut spot repairs to address unknown conditions. · The project duration for design and bidding will be 11 months. Deliverables: · Draft and Final landscape screening conceptual renderings for each lift station site prior to 30% design (PDF format). · 30%, 60%, 90%, and Final Plans (PDF format), Specifications (draft in word, final in PDF format), and OPCC (PDF format). Management Reserve (MR) The management reserve fund is a set-aside fund that can only be used as directed in writing by authorized City staff. This reserve would only be accessed if the City determines that a project element not previously known needs to be added to the project and the level of effort cannot be absorbed as "incidental" to the other phases and tasks. Management Reserve may also be used to support the City with preparation of figures and documentation, as well as meeting attendance, if requested, for public outreach meetings. Based on conversations with the City, scope and budget associated with several design tasks, subconsultant scope effort, a design contingency as well as a management reserve fee of 5% of the total project base fee have been allocated to management MR – Subtask 210 – Geotechnical Site Investigation This subtask serves as an allowance for a 4th day of geotechnical exploration. Deliverables will be in accordance with Subtask 210. MR - Subtask 510 – Design Contingency This subtask serves as an allowance for up to additional two detail drawing sheets. Deliverables will be in accordance with Subtask 510. MR - Subtask 520 – Unanticipated Design Services This subtask serves as an allowance for unanticipated design services that may be required to permit and/or construct the improvements. MR - Task 6 Bid Assistance Subtask 610 – Bid Assistance Consultant Services: Consultant will provide construction ready drawings, specifications (CSI format) project manual, and final engineer’s opinion of probable construction cost for the City to upload to Builder’s Exchange of Washington. Questions from bidders will be directed to the City. The City will forward questions to the Consultant for review and response. Consultant will prepare a clarification or addenda to the City to post to Builder’s Exchange. 1. Bid Assistance a. Attend Pre-Bid Meeting: Up to 2 Consultant staff will participate in an in-person pre-bid meeting. Budget includes 4 hours per Consultant for participation, including travel. b. Respond to Bidder questions: Provide answers to bidder questions during bid period (40 hours as budgeted for this activity) c. Prepare Addenda: Provide Addenda to the bid package as needed (48 hours are budgeted for this activity) d. Provide technical input on review of submitted bids: As requested, provide up to 6 hours of review of the content of the submitted bids to advise whether they meet the requirements of the bid process. Budget includes time to issue a letter of recommendation to award the lowest responsive bidder. City Responsibilities: · Receive and route contractor information/clarification requests to Consultant, as needed · Lead/organize pre-bid meeting · Upload addendum and responses to information/clarification requests. · Tabulate contractor bids (in excel) Assumptions: · The bid period will last four weeks. · City will advertise the project, maintain the planholders list, and lead receiving bidder questions and distribution of addenda. · One addenda will require minor modifications to up to three drawings. · The bid period will last four weeks Deliverables: · Responses to bidder questions (Microsoft Word format) · Addenda (PDF format) Deliverables: · To be determined ANTICIPATED DRAWINGS LIST General Drawings G-001 COVER, LOCATION AND VICINITY MAPS G-002 INDEX OF DRAWINGS G-003 GENERAL ABBREVIATIONS G-004 GENERAL NOTES AND LEGEND G-005 GENERAL EQUIPMENT DESIGNATIONS AND PROCESS IDENTIFICATION CODES G-006 GENERAL PROCESS SYMBOLS G-007 STAGING AND STORAGE PLAN G-008 TESC NOTES AND DETAILS Civil Drawings C-001 CIVIL ABBREVIATIONS AND NOTES C-002 CIVIL LEGEND AND SYMBOLS C-100 OVERALL SITE PLAN, KEY PLAN, AND SURVEY CONTROL C-101 NORTH PUMP STATION SITE PLAN C-102 NORTH PUMP STATION YARD PIPING PLAN C-103 SOUTH PUMP STATION SITE PLAN C-104 SOUTH PUMP STATION YARD PIPING PLAN C-110 GRAVITY SEWER PLAN AND PROFILE C-120 GRAVITY SEWER PLAN AND PROFILE C-121 GRAVITY SEWER PLAN AND PROFILE C-130 FORCE MAIN PLAN AND PROFILE C-131 FORCE MAIN PLAN AND PROFILE C-132 FORCE MAIN PLAN AND PROFILE C-133 FORCE MAIN PLAN AND PROFILE C-500 DETAILS - I C-501 DETAILS - II C-510 COLLECTION SYSTEM DETAILS – I (SLIPLINE SPECIFIC) Landscape Drawings L-001 - NORTH PUMP STATION PLAN L-002 - SOUTH PUMP STATION PLAN L-003 - LANDSCAPE SCHEDULES L-004 - LANDSCAPE DETAILS Structural Drawings S-001 STRUCTURAL GENERAL NOTES - I S-002 STRUCTURAL SPECIAL INSPECTIONS AND TESTING - I S-003 EQUIPMENT PAD DETAILS - I S-004 STANDARD DETAILS - I Process Mechanical Drawings M-001 MECHANICAL ABBREVIATIONS AND NOTES M-101 NORTH PUMP STATION PLAN M-102 NORTH PUMP STATION SECTIONS - I M-104 SOUTH PUMP STATION PLAN M-105 SOUTH PUMP STATION SECTIONS – I M-106 MECHANICAL DETAILS - I Electrical and Controls Drawings E-001 ELECTRICAL EQUIPMENT LIST AND LEGEND E-002 ELECTRICAL EQUIPMENT LIST AND LEGEND E-003 ELECTRICAL EQUIPMENT LIST AND LEGEND E-004 ELECTRICAL DETAILS - I E-005 ELECTRICAL DETAILS - II E-006 OVERALL SITE PLAN E-007 NORTH PS ELECTRICAL ONE LINE & EQUIP ELEVATION E-008 SOUTH PS ELECTRICAL ONE LINE & EQUIP ELEVATION E-009 GRINDER PS ELECTRICAL ONE LINE & EQUIP ELEVATION E-010 PUMP STATION CONTROL PANEL SCHEMATIC - I E-011 ELECTRICAL SCHEDULES (PANELBOARD & LUMINAIRES E-012 NORTH AND SOUTH PS ELECTRICAL CONDUIT BLOCK DIAGRAM E-013 CONDUIT AND CABLE SCHEDULE E-014 NORTH PS ELECTRICAL SITE PLAN E-015 SOUTH PS ELECTRICAL SITE PLAN E-016 GRINDER PS ELECTRICAL SITE PLAN Instrumentation Drawings I-001 P&ID GENERAL NOTES AND SYMBOL LEGEND I-002 INSTRUMENTATION DETAILS I-003 CONTROL PANEL ELEVATION AND BOM I-004 CONTROL PANEL WIRING DIAGRAM I-005 PIPING AND INSTRUMENTATION DIAGRAM I I-006 PIPING AND INSTRUMENTATION DIAGRAM II ANTICIPATED SPECIFICATION LIST Bidding Requirements 00010 Invitation to Bid 00100 Instructions to Bidders 00200 Information Available to Bidders 00300 Bid Form 00410 Bid Security 00411 Designation of Equipment or Material Manufacturers 00412 Base Bid Equipment and Systems List [Optional] 00416 Bidder's References 00420 Bidder's Qualifications 00430 Subcontractor List CONTRACT FORMS 00500 Agreement 00590 Declaration of Option for Management of Statutory Retained Percentage 00610 Performance Bond 00620 Payment Bond CONTRACT CONDITIONS 00700 General Conditions 00800 Supplementary Conditions 00900 Addenda [if any] DIVISION 1 – GENERAL REQUIREMENTS 01000 Professional Responsibilities and Seals 01010 Summary of Work 01040 Coordination and Project Requirements 01140 Environmental Protection 01190 Structural Component and Equipment Performance Requirements 01200 Price and Payment Procedures 01300 Submittals 01311 CPM Construction Schedule 01500 Construction Facilities and Temporary Controls 01650 Facility Commissioning, Testing, and Startup 01700 Contract Closeout DIVISION 2 – SITE WORK 02050 Demolition 02065 Controlled Low Strength Material 02072 Wastewater Discharge Emergency Response Plan 02083 Precast Concrete Junction Structures 02200 Site Preparation 02300 Earthwork 02509 Ductile Iron Pipe and Fittings 02516 Disinfection and Testing of Water Lines 02700 Paving and Surfacing 02775 Concrete Curb, Gutters, and Sidewalks 02900 Landscaping 02900 Landscaping Retaining Wall DIVISION 3 – CONCRETE 03100 Concrete Formwork and Formwork Accessories 03150 Concrete Joints and Accessories 03200 Concrete Reinforcement and Reinforcement Supports 03300 Concrete Mixtures, Handling, Placing, and Constructing 03330 Concrete Curing and Protection 03350 Concrete Finishing 03600 Grouts 03935 Repair of Defective Concrete DIVISION 5 – METALS 05090 Concrete and Masonry Anchors 05100 Structural Metal Framing 05500 Metal Fabrications (Miscellaneous Metal) DIVISION 7 – THERMAL AND MOISTURE PROTECTION 07900 Joint Sealants DIVISION 9 – FINISHES 09679 Chemical Resistant Coating 09900 Painting 09960 High Performance Coatings DIVISION 10 – SPECIALTIES 10400 Identifying Devices DIVISION 11 – EQUIPMENT 11001 General Equipment and Mechanical Requirements 11002 Electric Motor Drives 11303 Submersible Wastewater Pumps DIVISION 15 – MECHANICAL 15050 Piping, Valves, and Accessories 15060 Pipe Supports 15115 Check Valves 15117 Plug Valves DIVISION 16 – ELECTRICAL 16010 General Electrical Requirements 16110 Electrical Raceway Systems 16120 Low Voltage Wire and Cable 16124 Signal Cable 16140 Wiring Devices 16155 Motor Starters 16160 Panelboards 16180 Protective Devices and Switches 16280 Surge Protective Devices 16402 Underground Electrical Work 16405 Switchboards 16450 Electrical Grounding 16460 Low Voltage Transformers 16500 Lighting 16950 Electrical Tests 16955 Control Devices 16961 Short Circuit, Coordination, and Arc Flash Report Standby Generator and ATS DIVISION 17 – INSTRUMENTATION AND CONTROL 17010 Instrumentation and Controls, General Requirements 17110 Process Analytical Instruments 17120 Flow Measurement 17140 Level Measurement 17160 Temperature Measurement 17200 Panel Mounted and Miscellaneous Field Instruments 17330 Programmable Logic Controller Control Strategies I/O list Panels Olympia, WA SageGeotechnical.com March 15, 2024 Transmitted via email to: MichaelLubovich@kennedyjenks.com Kennedy/Jenks Consultants, Inc. 32001 32nd Avenue South, Suite 300 Federal Way, WA 98001-9625 Attn: Mr. Michael Lubovich, PE, PMP, Project Manager Re: Proposal for Geotechnical Engineering Services City of Bremerton – Tracyton Beach Drive Sewer Improvements Bremerton, Washington Dear Mr. Lubovich: Sage Geotechnical, LLC (Sage) is pleased to submit this proposal for geotechnical engineering services in support of the Tracyton Beach Drive Sewer Improvements project in Bremerton, Washington (site). This proposal was prepared with information provided by Kennedy/Jenks Consultants, Inc. (KJ, project civil engineer). PROJECT UNDERSTANDING The City of Bremerton (City, project owner) proposes to install two lift stations, a residential grinder station, and approximately 800 feet (ft) of new gravity sewer line at the site. The proposed structures are expected to extend no more than 18 ft below ground surface (bgs), and the new linear utilities will have a maximum depth of approximately 8 ft bgs. Sage will provide geotechnical engineering services to support design and construction of the proposed site improvements. PROPOSED SCOPE OF SERVICES Sage’s proposed scope of services includes the following tasks. Task 1. Project Management Sage will provide the following Task 1 services: •Complete project startup paperwork. •Prepare and submit monthly progress reports. •Coordinate with City and/or KJ representatives. •Attend virtual project meetings. •Plan the geotechnical field investigation. Tracyton Beach Drive Sewer Improvements March 15, 2024 2 SageGeotechnical.com • Visit the site once to review potential utility conflicts. • Apply for a temporary right-of-way use permit. • Prepare traffic control plans. Assumptions • Sage has budgeted 4 hours for meeting attendance. Sage assumes that meetings can be attended via teleconference. • The cost of a temporary right-of-way use permit will be waived. Task 2. Field Investigation and Laboratory Testing Sage will provide the following Task 2 services: • Review readily available geologic and geotechnical data for the site and the surrounding area. • Contact the Washington Utilities Coordinating Council’s “One Call” locating service and coordinate the clearance of underground utilities at the proposed exploration locations. • Subcontract traffic control services. • Explore subsurface soil and groundwater conditions at the site by advancing five or six borings: three 35-ft-deep borings near the proposed structure locations and two or three 20-ft-deep borings along the proposed sewer alignment. One of the 20-ft-deep borings may be omitted so fieldwork can be completed within the 4 days budgeted. Borings may need to be advanced with the mast of the drill rig down/lowered (to avoid contact with overhead power lines) and with restricted work hours, thereby limiting work production rates. Sage personnel will monitor the explorations, collect representative soil samples, and maintain detailed logs of the subsurface conditions observed. Sage will subcontract the drill rig and operator. The borings will be advanced to the depths indicated above, or shallower if refusal due to heaving soils or very dense glacial soils are encountered. • Complete three of the borings with monitoring wells. Sage will monitor site groundwater elevations for 9 months (see Task 4). • Perform geotechnical laboratory testing on select soil samples obtained from the explorations. Sage anticipates that its laboratory testing program will include 25 combined grain size analyses and hydrometer tests and 25 moisture content determinations. Assumptions • KJ will provide Sage with a project base map in AutoCAD® format. • City/County right-of-way permits will be waived or provided at no cost to Sage. Tracyton Beach Drive Sewer Improvements March 15, 2024 3 SageGeotechnical.com • Fieldwork can be completed during standard business hours (i.e., no weekend or nighttime drilling will be required). Sage assumes that roadway closures may be restricted to a 6-hour window (e.g., from 9 a.m. to 3 p.m.). • Analytical testing of site soil and groundwater is excluded from this scope of services. If potentially contaminated soil or groundwater is encountered during drilling, Sage will seek authorization from KJ and the City to test and dispose of the contaminated material. • Decommissioning of the monitoring wells is excluded from this scope of services. If needed, decommissioning by a licensed driller should be included as a bid item in the project plans and specifications. Task 3. Geotechnical Analysis and Reporting Sage will provide the following Task 3 services: • Prepare a technical memorandum that includes: − A discussion of near-surface soil and groundwater conditions at the site. − The results of Sage’s geotechnical laboratory testing. − Recommendations for earthwork and grading, including criteria for temporary excavations, subgrade preparation, reuse of site materials as structural fill, and structural fill placement and compaction. − Grain size data that the contractor can use to design a dewatering system. − Recommended lateral earth pressures that can be used to design new underground structures (e.g., the lift stations or grinder pump). − A discussion of uplift concerns for buried structures installed below the groundwater table and recommendations for resisting uplift. − Recommendations for shallow foundation support, including allowable soil bearing pressure and lateral soil resistance parameters. Sage will also provide settlement estimates. − Seismic site class in accordance with the 2018 International Building Code as well as:  Engineering conclusions and recommendations that satisfy the landslide hazard areas reporting requirements in Sections 19.400 and 19.700 of the Kitsap County Code, if required.  A discussion of potential seismic risks at the site, including the potential for soil liquefaction, lateral spreading, and surface fault rupture.  If needed, engineering to mitigate seismic effects will be completed under a separate scope and budget. Sage will submit a draft technical memorandum for the design team’s review and comment. Following completion of groundwater monitoring, Sage will issue a final memorandum that addresses the team’s comments and is signed and sealed by the project Tracyton Beach Drive Sewer Improvements March 15, 2024 4 SageGeotechnical.com engineer. The draft and final memoranda will be submitted electronically in Adobe® PDF format. Assumptions A portion of the proposed sewer alignment is located within a large landslide complex that is currently developed with roads and residential structures. If needed, Sage will complete a landslide hazard analysis and respond to reporting requirements in the Kitsap County critical area ordinance to demonstrate that the sewer project will not have a significant impact on the landslide factor of safety. No other landslide stability analysis will be required, and the subsurface data collected during the geotechnical investigation will be sufficient for this level of landslide hazard analysis. If landslide risks require additional study or mitigation, Sage will contact KJ to discuss next steps. Task 4. Groundwater Monitoring Sage will provide the following Task 4 services: • Install a datalogger in each of the three groundwater monitoring wells constructed in Task 2. • Visit the site twice during the 9-month groundwater monitoring period to confirm that the dataloggers are functioning properly, to collect manual readings, and to download groundwater data. • Evaluate the groundwater data and incorporate it into the final technical memorandum described in Task 3. Assumptions The same right-of-way use permit obtained for geotechnical drilling can be used to access groundwater monitoring wells. COST ESTIMATE Sage proposes to provide its services for a not-to-exceed fee of $81,150, as detailed in the following table. Sage’s services will be invoiced in accordance with the hourly labor rates listed in its 2024 Compensation Schedule (attached). Subcontracted services will be invoiced by number of days used and will include a 10 percent markup. Task Sage Labor Reimbursable Expenses/Subcontractors Task 1. Project Management $6,300 Expenses: $300 Tracyton Beach Drive Sewer Improvements March 15, 2024 5 SageGeotechnical.com Task Sage Labor Reimbursable Expenses/Subcontractors Task 2. Field Investigation $9,300 Traffic Control (4 days): $8,000 Driller (4 days): $24,200 Vacuum Truck (2 days): $2,000 Other Expenses: $650 Task 2. Laboratory Testing $1,050 $9,750 Task 3. Geotechnical Analysis and Reporting $9,500 — Task 4. Groundwater Monitoring $4,000 Datalogger Rental Fee: $2,400 Traffic Control (3 half-days): $3,300 Other Expenses: $400 TOTAL $30,150 $51,000 Sage will not exceed its budget without KJ’s written authorization. AUTHORIZATION To authorize Sage’s services, please prepare a subconsultant agreement consistent with previous agreements between Sage and KJ. CLOSING We appreciate the opportunity to submit this proposal and anticipate its favorable review. If you have questions or comments, please contact me at daniels@sagegeotechnical.com. SAGE GEOTECHNICAL, LLC Daniel Simpson, PE Principal Engineer DCS/MCS/CAM [HTTPS://SAGEGEOTECHNICAL.SHAREPOINT.COM/SITES/SAGEGEOTECHNICAL/SHARED DOCUMENTS/PROPOSALS/CITY OF BREMERTON/2024-03 TRACYTON BEACH DR SEWER/TRACYTON BEACH DRIVE SEWER IMPROVEMENTS PROPOSAL FOR GEOTECHNICAL SERVICES 3.15.2024.DOCX] Attachments: 2024 Compensation Schedule sagegeotechnical.com 2024 COMPENSATION SCHEDULE Personnel Labor Hourly Rate 210 180 160 Principal Engineer Senior/Field Engineer Project Controller Kennedy Jenks Bremerton – Tracyton Beach Road Sewer Improvements Landscape Design Page | 1 KPG Psomas Exhibit A – Scope of Work March 25, 2024 This Scope of Work is for conceptual and final design of landscape screening for two (2) proposed sanitary sewer lift stations along Tracyton Beach Road in the City of Bremerton. Assumptions  Scope of this work is Plans, Specifications and Estimates (PSE) through Construction Documents, to be completed by January 31, 2024 (10-month total duration).  Landscape screening design will be based on engineering design, as provided by Kennedy Jenks.  Kennedy Jenks will provide electronic drawing files for each phase of design as a basis for KPG Psomas work.  Kennedy Jenks is responsible for the assembly of the Plans, Specifications and Estimate package. KPG Psomas will provide plan sheet and specification inserts along with associated quantities and estimates.  Drafting will be done utilizing AutoCAD 2022 and plan sheets will be developed in KPG Psomas drafting standards.  Specifications will be in CSI format.  Project deliverables will be PDF documentation.  At the end of the project, documents will be submitted to Kennedy Jenks for records, in the format they were created in, i.e. AutoCAD, Word and Excel for cost estimates. Kennedy Jenks-Provided Items:  All necessary CAD files and other relevant electronic files including: o Project title block o Proposed lift station improvements showing locations of all equipment/ vaults, pavement/hard surfaces, walls, proposed grading and limits of cut/fill and construction disturbance.  All coordination and communication with City of Bremerton staff and adjacent residents and stakeholders, including coordination and scheduling of site visits. Task 1: Project Management Project management is included for a duration of ten (10) months, including management of project team throughout the duration of the project, coordination with project team, and development of invoices. KPG Psomas will attend up to five (5) project meetings as follows:  Project kick-off (1)  Conceptual design review (2; review progress of the concepts to obtain feedback, and present the final renderings to the City and other interested parties)  Additional project coordination meetings, as required (up to 2) The work shall be completed by January 31, 2025. Kennedy Jenks Bremerton – Tracyton Beach Road Sewer Improvements Landscape Design Page | 2 KPG Psomas Task 1 Deliverables:  Monthly invoices and progress reports, emailed  Notes from project meetings Task 1 Assumptions:  (1) project meeting is assumed to be held in-person; the remaining (4) project meetings are assumed to be held virtually (Teams or Zoom meeting).  Meeting scheduling, coordination and communication with stakeholders shall be provided by Kennedy Jenks.  KPG Psomas will provide timely and immediate notification of any work items or project developments constituting a change to the written scope of work and fee budget estimate and schedule. Task 2: Landscape Screening Concept Renderings KPG Psomas will prepare draft and final landscape screening concept renderings for the north and south lift station sites. The intent of the renderings is to provide concepts for screening lift station sites from adjacent residences, including: fencing/screen panels, tree and shrub plantings and retaining wall treatments. The draft concept renderings will be revised based on feedback provided by City staff and adjacent residents. KPG Psomas will attend (1) site visit for preparing concept renderings. Task 2 Work Elements: 2.01 Prepare draft screening concept renderings (2 total; 1 each for north and south lift stations) 2.02 Prepare final screening concept renderings (2 total) 2.03 Site visit (1) Task 2 Deliverables:  Draft landscape screening concept renderings (2 total)  Final landscape screening concept renderings (2 total) Task 2 Assumptions:  There will be a single round of review and revision for the concept renderings; all relevant City staff and other interested parties (i.e., adjacent residents) will provide review and feedback of the draft concept renderings.  Screening concept shown in final renderings will form the basis for final design. Task 3: Preliminary Design KPG Psomas will develop the landscape screening concepts to 30% design level, including identifying plant and tree species proposed for the project, preliminary tree and planting bed layout, location of any fencing/screening panels, and wall treatments (if needed) It is anticipated that the 30% design package will include the following: o Landscape Plans (2 sheets) Kennedy Jenks Bremerton – Tracyton Beach Road Sewer Improvements Landscape Design Page | 3 KPG Psomas o Landscape Schedule and Details (1 sheet) Task 3 Work Elements: 3.01 Prepare preliminary plant and tree palette identifying proposed species 3.02 Prepare 30% landscape plans identifying planting beds, conceptual tree locations, soil preparation requirements, and layout of fencing/screening panels. 3.03 Calculate quantities and prepare construction cost estimates in support of 30% design plans. Task 3 Deliverables:  30% Landscape Plans  30% Cost Estimate Task 3 Assumptions:  30% landscape and irrigation plans will be reviewed by all relevant City staff and stakeholders for comment and approval before proceeding with final design.  At 30% design, fencing/screening panels will be illustrated with example images showing look-and- feel; construction details for these elements will be included in final design. Task 4: Final Design Based on review and acceptance of 30% design plans by City of Bremerton and relevant stakeholders, KPG Psomas will develop 60%, 90% and bid document plans, specifications, and estimate. KPG Psomas will attend (1) site visit during final design. It is anticipated that the 60%, 90% and bid package will include the following: o Landscape Plans (2 sheets) o Landscape Schedule and Details (2 sheets) Task 4 Work Elements: 4.01 Based on City and stakeholder comments from 30% design, prepare 60% landscape plans including preliminary plant layout in all landscape beds; preliminary tree layout; plant schedule, planting details, and fence/screening panel layout. 4.02 Based on comments from 60% design, prepare 90% landscape plans including final plant and tree layout, plant schedule, planting details, and fence/screening panel details. 4.03 Prepare bid landscape plans. 4.04 Prepare 60%, 90% and bid Specifications (CSI format). 4.05 Calculate quantities and prepare construction cost estimates in support of 60%, 90% and bid plans. 4.06 Site visit (1) Task 4 Deliverables:  60% landscape plans, specifications and cost estimate  90% landscape plans, specifications and cost estimate  Bid plans, specifications and cost estimate Kennedy Jenks Bremerton – Tracyton Beach Road Sewer Improvements Landscape Design Page | 4 KPG Psomas Task 4 Assumptions:  No major design revisions affecting layout of equipment/ vaults, pavement/hard surfaces, walls, proposed grading and limits of cut/fill and construction disturbance will occur after 90% design.  Screening panels (if needed) will be comprised of off-the-shelf components; no custom design or fabrication will be required.  Wall treatments (if needed) will be limited to material/color selection and will be provided to Kennedy Jenks for inclusion on civil plans and specs. Task 5: Bid Support KPG Psomas will provide bidding assistance as needed, including preparing addendum (up to 1 total) and responding to bidder questions. Task 5 Work Elements: 5.01 Prepare addendum (up to 1 total) and respond to bidder questions during bidding. Task 5 Deliverables:  Responses to bidder questions  Up to one (1) bid addendum Task 5 Assumptions:  Kennedy Jenks will provide all coordination and communication with City of Bremerton staff and prospective bidders during project bidding and award. Other Services The City may require other services of the Consultant. These Services could include other work tasks not included in the scope of work, such as construction support. The scope of these services will be determined at the sole discretion of the City. At the time these services are required, the Consultant shall provide a detailed scope of work and estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a notice to proceed. EXHIBIT Client: Kennedy Jenks Project: Tracyton Beach Road Lift Stations - Bremerton Phase 2 Survey DATE: 5-Jul-24 Survey ManagerSurvey Crew IIProject SurveyorSurveyor IIIOffice Admin252 272 173 144 111 Hours Fee 1.1 Survey Control and ROW Calculations 1 8 4 0 1 14 3,231.00$ 1.2 Topographic Survey 1 24 0 0 0 25 6,780.00$ 1.3 Base Map Preparation 1 0 0 24 0 25 3,708.00$ 3 32 4 24 1 64 13,719.00$ Utility Locates 3,000.00$ 3,000.00$ 16,719.00$ Assumptions: Road mapping from approximately 3244 Tracyton Beach Road to 3670 Tracyton Beach Road, less previous mapping (approx. 2000 l.f.) Task No.Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task Task 1 - Topographic Survey and Right of Way Determination Task Total Total Fixed Fee Reimbursable Direct Non-Salary Costs Total Reimbursable Expense 3244 3124 2806 3670 Tracyton Beach Road Area Areas circled in yellow below correspond to property addresses. Refer to the following pages for area specific survey extents. 200 Carter Farms Ct Phase 1 Survey (Completed) Phase 2 Survey EXHIBIT B SUBCONSULTANT COST COMPUTATIONS KPG Psomas Inc. Project Number: 9KEN020500 Date: 12-Jun-24 Urban Design ManagerProject Landscape Architect ILandscape AssistantSenior CAD TechnicianBusiness ManagerSenior Admin$220.00 $155.00 $90.00 $139.00 $177.00 $139.00 Hours Totals 1.1 Project management (10 months) 15 5 5 25 3,905.00$ 1.3 Project meetings (4) virtual format and (1) in-person) 2 8 8 18 2,400.00$ 2 23 8 0 5 5 43 6,305.00$ 2.1 Prepare draft concept renderings (2 total) 2 12 24 38 4,460.00$ 2.2 Prepare final concept renderings (2 total) 2 12 24 38 4,460.00$ 2.3 Site visit (1 total) 5 5 10 1,225.00$ 4 29 53 0 0 0 86 10,145.00$ 3.1 Prepare preliminary plant and tree palette 4 8 12 1,340.00$ 3.2 Prepare 30% Landscape Plans 2 4 24 8 38 4,332.00$ 3.3 Prepare 30% Cost Estimate 2 4 6 670.00$ 2 10 36 8 0 0 56 6,342.00$ 4.1 Prepare 60% Landscape Plans 8 20 4 32 3,596.00$ 4.2 Prepare 90% Landscape Plans 2 12 48 62 6,620.00$ 4.3 Prepare Bid Landscape Plans 2 6 16 24 2,810.00$ 4.4 Prepare 60%, 90% and Bid Specifications 12 12 1,860.00$ 4.5 Prepare 60% , 90% and Bid Cost Estimates 4 8 12 1,340.00$ 4.6 Site visit (1 total) 5 5 10 1,225.00$ 4 47 97 4 0 0 152 17,451.00$ 5.1 Prepare addendum (1) and respond to bidder questions 4 8 12 1,340.00$ 0 4 8 0 0 0 12 1,340.00$ 12 113 202 12 5 5 349 41,583.00$ Mileage at current IRS rate 150.00$ Travel allowance (ferry )150.00$ 300.00$ 41,883.00$ Client: Kennedy Jenks Task Total Task No.Task Description Task Total Task 3 - Preliminary Design Task Total Task 4 - Final Design Labor Hour Estimate Total Hours and Labor Cost Computions by Task Task 1 - Management / Admin / Coordination Task Total Task 2 - Landscape Screening Concept Renderings Project Name: Bremerton - Tracyton Beach Road Sewer Improvements, Landscape Design Total Estimated Budget Total Labor Hours and Fee Task 5 - Bid Support Task Total Total Reimbursable Expense Company Accepted By: Date DateSignature Altus Traffic Management, LLC Print Name Title Visit Our Website at www.altustraffic.com 4/8/2024 Wade Bates Item Description Price UOM Qty/Day Days Total Qty.Total Traffic Management Plans $180.00 Per Each 10 1 10 $1,800.00 Quote is for an estimate of traffic control plans. Page quantities are approximate, and can vary, during production. No charge for minor changes; $90 per page for major corrections, or additions **Important Confidentiality Notice: This document, and any documents accompanying this transmission, contains confidential, legally protected information and is intended only for the person or entity to which it is addressed. If you are not the intended recipient, any disclosure, copying, distribution or the taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive this transmission in error, please contact the sender and delete or destroy the material/information Note: The * indicates taxable items. QUOTATION Quote Date Quote ID 4/8/2024 Tracyton Beach Rd Valid Through: 3/23/2024 dba Statewide Safety Systems 1002 Central Avenue N Kent, WA 98032 206-878-0221 Altus Traffic Management, LLC Job Location: Tracyton Beach Rd Bremerton Estimated Days: 1 Quote Created By: Wade Bates Email: MichaelLubovich@kennedyjenks.com Michael Lubovich 32001 32nd Ave S Federal Way, WA 98001 Kennedy Jenks Phone: 253-835-6459 Initials ______ Page 1 of 1 SEATTLE 155 NE 100th Street, Ste 302, Seattle, WA 98125 T 206.631.8680 landauinc.com April 19, 2024 Kennedy Jenks 32001 32nd Avenue South, Suite 300 Federal Way, WA 98001-9625 Attn: Michael Lubovich, PE, PMP Re: Proposed Scope of Services and Cost Estimate Permitting Support Services Tracyton Beach Road Sewer Improvements Bremerton, Washington Dear Michael: Landau Associates, Inc. (Landau) is pleased to provide Kennedy Jenks (KJ) with this proposal for permitting support services for the above-referenced project. This proposal has been developed based on discussions with and information provided by KJ and Landau’s experience with similar projects. BACKGROUND INFORMATION The sanitary sewer along Tracyton Beach Road is a gravity-flow sewer main with 4,000 linear feet of 8- inch diameter ductile iron pipe. The sewer main is located near the Port Washington Narrows, a water body that connects Sinclair Inlet and Dyes Inlet. The sewer main was installed in 1991 and current conditions of the pipe are unknow; however, the City has noted ongoing maintenance issues between the upstream end of the sewer main, at Clean Out #5, and the downstream end, at Sewer Manhole #D (see attached figure). These issues are due mainly to the low sewage volume from the upland collection systems draining into the pipe and the low to negative pipe slope which limits the ability to achieve an adequate scouring. Current peak flows in the system are 159 gallons per minute per the 2014 wastewater comprehensive plan, which is below the minimum velocity to achieve scouring in an 8-inch pipe. Due to the low flow volume, insufficient scour velocity, and intermediate high points along the main, solid deposition occurs and the sewer backs up, which could lead to a sanitary sewer overflow. The City's proposed solution converts the low-pressure gravity main to a standard force main and gravity collection system. The proposed improvements construct two new lift stations: one at the north end near Port Washington Drive and the other at the south end near Gerard Place. Gravity flow from 31st Street will be routed to the north pump station via a new conventional gravity sewer. The existing 8-inch ductile iron low pressure main from the north pump station to the terminus at Sewer Manhole #D will be slip-lined with a new 6-inch HDPE pressure pipe. A new residential grinder station DRAFT Proposal: KJ/City of Bremerton Tracyton Beach Road Sewer Improvements Permitting Support April 19, 2024 2 landauinc.com will be installed to serve the sole customer on Alta Drive. All existing clean-outs will be capped or converted to serve as cleanouts for the new force main. PROPOSED SCOPE OF SERVICES The tasks described below define Landau’s proposed scope of services for environmental permitting support for the proposed project. Task 1: SEPA Checklist Landau will prepare the SEPA Checklist for the project in conformance with Washington Administrative Code (WAC) 197-11-960 and City standards. The SEPA Checklist will briefly describe the project and address the project’s effects on elements of the environment. The SEPA Checklist will include a list of permit requirements for the proposed project. To prepare the SEPA Checklist, we will use project design information and other available studies prepared for the project, such as a drainage report, traffic report, and cultural resources report, as necessary. The work includes review of additional City documents, such as the comprehensive plan, zoning code, critical area code, and other development regulations. Assumptions • The project will not require preparation of a SEPA Environmental Impact Statement. Either a Determination of Non-Significance (DNS) or a mitigated DNS will be issued for the project. • City staff will prepare and publish the DNS (or mitigated DNS). • Landau staff will not attend a public meeting or public hearing should one be necessary. • Landau will provide a draft copy of the SEPA Checklist to the City and KJ for review. KJ or the City will provide one set of consolidated edits to Landau, and we will prepare a final SEPA Checklist for publication based on those edits. Should additional rounds of review and edits be requested by the City, a scope and budget amendment will be required. • This proposal does not include time for Landau to respond to any public or resource agency comments on the SEPA Checklist after it has been published for public comment. • Should the City request Landau’s involvement in responses or revisions to the SEPA Checklist based on public or agency comments, a scope and budget amendment will be required. Deliverables • An electronic (Microsoft Word) copy of the draft SEPA Checklist. • An electronic (Adobe PDF) copy of the final SEPA Checklist. Task 2: Shoreline Permit Application Landau will prepare a technical memorandum demonstrating project consistency with the City’s Shoreline Master Program (SMP) and associated City application form. This task includes a site DRAFT Proposal: KJ/City of Bremerton Tracyton Beach Road Sewer Improvements Permitting Support April 19, 2024 3 landauinc.com reconnaissance to identify approximate location of the ordinary high water mark of Port Washington Narrows for incorporation of SMP jurisdiction relative to the project location and wetland reconnaissance. Landau will prepare the Joint Aquatic Resource Permit Application (JARPA) to support the City application. The JARPA form will include project-specific information including the listing of adjacent property owners. This task includes time for coordination and revisions with KJ and/or agencies, as needed, to provide accurate information in the shoreline application, including a narrative of project information. Assumptions •Plans and cross sections will be provided by KJ in AutoCad and PDF and will include the location of SMP jurisdiction. Landau will not prepare any JARPA plans or figures. •Final design alternatives at the 60 percent design level, as provided by KJ, will contain sufficient detail for Landau to complete the JARPA. •Permit application fees will be paid by the City. •The project avoids work in wetlands and below the ordinary high water line of waterways and will not require authorization from the USACE or WDFW. •Summary of wetland reconnaissance will be provided in the shoreline consistency evaluation. •No wetland or stream critical areas occur in the project vicinity. •The project avoids impact to floodplains. Deliverables Draft and final SMP Consistency Evaluation memorandum. Draft and Final SMP application form and JARPA. Task 3: State Environmental Review Process Support Landau will assist KJ with preparation of the State Environmental Review Process (SERP) Environmental Review Document form. In support of the form, Landau will prepare a memorandum summarizing demographic data for the project vicinity. Assumptions Summary of public outreach and public engagement efforts will be provided by KJ and/or the City. Preparation of a Section 7 Endangered Species Act effect determination is not included in this scope of work. Deliverables Draft and final SERP Environmental Review Document form. DRAFT Proposal: KJ/City of Bremerton Tracyton Beach Road Sewer Improvements Permitting Support April 19, 2024 4 landauinc.com Draft and Final Demographic Summary Memorandum Task 4: Cultural Resources Support Landau will obtain the services of a cultural resource subconsultant to identify cultural resources in the project corridor for anticipated compliance with Section 106 of the National Historic Preservation Act (NHPA). The subconsultant and Landau will support the project with: •Records review •Field investigation, including shovel probes •Reporting and development of an Inadvertent discovery plan (IDP) •Agency coordination in support of consultation with the Washington State Department of Archaeology and Historic Preservation and affected tribe(s). Landau will provide review of subconsultant documents. Assumptions •Site access will be reasonable and unrestricted. •An archaeologist will not be required to evaluate structures or prepare Historic Inventory Forms. •If required, the City will obtain authorization from property owners to access the properties. The City shall be notified in advance of those sites requiring shovel probing in the judgment of the archaeologist. •No human skeletal remains or archaeological sites will be identified during the survey. •If the significance of an archaeological site found in the project area or its subsurface boundaries cannot be determined from the site survey, additional formal subsurface investigations or other documentation may be required. Such methods, however, are not included in this scope. Deliverables •An electronic copy (Adobe PDF) of the draft and final Cultural Resources report and IDP. COST ESTIMATE Landau estimates the cost for the proposed scope of services described herein will be approximately $31,500, in general accordance with the following breakdown: Task Cost Estimate Task 1. SEPA Checklist $4,800 Task 2. Shoreline Permit Application $12,000 Task 3. State Environmental Review Process Support $5,600 Task 4. Cultural Resources Support $9,100 updated to $34,500 to include effort to address one round of SEPA review comments from regulatory agency DRAFT Proposal: KJ/City of Bremerton Tracyton Beach Road Sewer Improvements Permitting Support April 19, 2024 5 landauinc.com Task Cost Estimate Total $31,500 Landau proposes to provide the above-described services on a cost plus fixed-fee rate basis according to the budget set forth above and in the attached Consultant Fee Estimate. It is possible that the level of effort actually required to complete a specific scope item will differ from that currently assumed, and Landau may need to reallocate authorized budget among the various tasks or request additional budget to meet the needs of the project. In the event that project requirements change, or unexpected conditions are disclosed that appear to require further field effort, study, or analysis, Landau will bring these to your attention and seek your written approval for an addendum to the scope of services and costs prior to performing additional services. AUTHORIZATION To authorize Landau’s services, please prepare a subconsultant services agreement, consistent with previous agreements between KJ and Landau. CLOSING We appreciate the opportunity to work with KJ and the City of Bremerton on this project. If you have questions, please contact the undersigned. LANDAU ASSOCIATES, INC. Steven J. Quarterman Senior Associate Ecologist SJQ/ KMS/tmh [\\EDMDATA02\PROPOSALS\C_BREMERTON\TRACYTON PS CONSTRUCTION\C_BREMERTON TRACYTON PS-PERMIT PRO 4.19.2024.DOCX] Attachments: Exhibit A: Site 3 Map Table 1. SEPA Checklist Fee Determination Summary Sheet Table 2. Shoreline Application Fee Determination Summary Sheet Table 3. SERP Support Fee Determination Summary Sheet Table 4. Cultural Resources Support Fee Determination Summary Sheet DRAFT Proposal: KJ/City of Bremerton Tracyton Beach Road Sewer Improvements Permitting Support April 19, 2024 6 landauinc.com Project: Tracyton Beach Road Sewer Improvements Subconsultant: Landau Associates Direct Salary Cost (DSC): Classification (b)Hours =Typical Rate (a)=Cost Principal*X $108.17 $0.00 Senior Associate 9 X $73.32 $659.88 Associate X $70.00 $0.00 Senior X $58.89 $0.00 Senior Project X $54.09 $0.00 Project 12 X $48.07 $576.84 Senior Staff X $43.27 $0.00 CAD Designer/GIS Analyst X $53.50 $0.00 Staff/Senior Technician II X $40.00 $0.00 Project Coordinator 3 X $42.25 $126.75 Data Specialist X $34.86 $0.00 CAD/GIS Technician X $40.00 $0.00 Support Staff X $32.50 $0.00 =$1,363.47 Overhead Cost @ 217.00% of Direct Labor Cost (c)=$2,958.73 Fixed Fee @ 30% of Direct labor Cost =$409.04 Total Direct Labor =$4,731.24 Reimbursables: Travel Expenses (est. ## miles @ $0.67/mile IRS)$0.00 $68.76 $0.00 $0.00 $0.00 Subconsultant Total =$4,800.00 Prepared By: Date: (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment annually. (b) Classifications shown are general, the actual invoice will show our employee's specific discipline for e.g., Senior Engineer, Senior Geologist, Senior Planner. (c) Per WSDOT analytical review of Landau Associates' financial statements for the year ended 6/30/23. * Excludes CEO Table 1 - SEPA Checklist Fee Determination Summary Sheet Total Direct Salary Reproduction Expenses Project: Tracyton Beach Road Sewer Improvements Subconsultant: Landau Associates Direct Salary Cost (DSC): Classification (b)Hours =Typical Rate (a)=Cost Principal*1 X $108.17 $108.17 Senior Associate 20 X $73.32 $1,466.40 Associate X $70.00 $0.00 Senior X $58.89 $0.00 Senior Project X $54.09 $0.00 Project 32 X $48.07 $1,538.24 Senior Staff X $43.27 $0.00 CAD Designer/GIS Analyst X $53.50 $0.00 Staff/Senior Technician II X $40.00 $0.00 Project Coordinator 7 X $42.25 $295.75 Data Specialist X $34.86 $0.00 CAD/GIS Technician X $40.00 $0.00 Support Staff X $32.50 $0.00 =$3,408.56 Overhead Cost @ 217.00% of Direct Labor Cost (c)=$7,396.58 Fixed Fee @ 30% of Direct labor Cost =$1,022.57 Total Direct Labor =$11,827.70 Reimbursables: Travel Expenses (est. ## miles @ $0.67/mile IRS)$0.00 $172.30 Subconsultant Total =$12,000.00 Prepared By: SJQ Date:4/18/2024 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment annually. (b) Classifications shown are general, the actual invoice will show our employee's specific discipline for e.g., Senior Engineer, Senior Geologist, Senior Planner. (c) Per WSDOT analytical review of Landau Associates' financial statements for the year ended 6/30/23. * Excludes CEO Table 2 - Shoreline Application Fee Determination Summary Sheet Total Direct Salary Reproduction Expenses Project: Tracyton Beach Road Sewer Improvements Subconsultant: Landau Associates Direct Salary Cost (DSC): Classification (b)Hours =Typical Rate (a)=Cost Principal*1 X $108.17 $108.17 Senior Associate 17 X $73.32 $1,246.44 Associate X $70.00 $0.00 Senior X $58.89 $0.00 Senior Project X $54.09 $0.00 Project X $48.07 $0.00 Senior Staff X $43.27 $0.00 CAD Designer/GIS Analyst 2 X $53.50 $107.00 Staff/Senior Technician II X $40.00 $0.00 Project Coordinator 3 X $42.25 $126.75 Data Specialist X $34.86 $0.00 CAD/GIS Technician X $40.00 $0.00 Support Staff X $32.50 $0.00 =$1,588.36 Overhead Cost @ 217.00% of Direct Labor Cost (c)=$3,446.74 Fixed Fee @ 30% of Direct labor Cost =$476.51 Total Direct Labor =$5,511.61 Reimbursables: Travel Expenses (est. ## miles @ $0.67/mile IRS)$0.00 $88.39 Subconsultant Total =$5,600.00 Prepared By: SJQ Date:4/18/2024 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment annually. (b) Classifications shown are general, the actual invoice will show our employee's specific discipline for e.g., Senior Engineer, Senior Geologist, Senior Planner. (c) Per WSDOT analytical review of Landau Associates' financial statements for the year ended 6/30/23. * Excludes CEO Table 3 - SERP Support Fee Determination Summary Sheet Total Direct Salary Reproduction Expenses Project: Tracyton Beach Road Sewer Improvements Subconsultant: Landau Associates Direct Salary Cost (DSC): Classification (b)Hours =Typical Rate (a)=Cost Principal*X $108.17 $0.00 Senior Associate 8 X $73.32 $586.56 Associate X $70.00 $0.00 Senior X $58.89 $0.00 Senior Project X $54.09 $0.00 Project X $48.07 $0.00 Senior Staff X $43.27 $0.00 CAD Designer/GIS Analyst X $53.50 $0.00 Staff/Senior Technician II X $40.00 $0.00 Project Coordinator 1 X $42.25 $42.25 Data Specialist X $34.86 $0.00 CAD/GIS Technician X $40.00 $0.00 Support Staff X $32.50 $0.00 =$628.81 Overhead Cost @ 217.00% of Direct Labor Cost (c)=$1,364.52 Fixed Fee @ 30% of Direct labor Cost =$188.64 Total Direct Labor =$2,181.97 Reimbursables: Travel Expenses (est. ## miles @ $0.67/mile IRS)$0.00 $86.03 Cultural Resources Subconsultant $6,832.00 Subconsultant Total =$9,100.00 Prepared By: SJQ Date:4/18/2024 (a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed. Each category may have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. Employee compensation is subject to adjustment annually. (b) Classifications shown are general, the actual invoice will show our employee's specific discipline for e.g., Senior Engineer, Senior Geologist, Senior Planner. (c) Per WSDOT analytical review of Landau Associates' financial statements for the year ended 6/30/23. * Excludes CEO Table 4 - Cultural Resources Support Fee Determination Summary Sheet Total Direct Salary Reproduction Expenses Exhibit C TRACYTON BEACH ROAD SEWER IMPROVEMENTS LOCATION MAP SHOWING PROJECT SITE NOVEMBER 2024 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: December 11, 2024 Supplemental Agreement No. 4 with HDR Engineering, Inc for the Naval Avenue: 1st Street to 15th Street Pedestrian and Bicycle Enhancements Project COUNCIL MEETING Date: December 18, 2024 Department: PW & Utilities Presenter: Vicki Grover Phone: (360) 473-2317 SUMMARY: In December of 2019, the City executed a contract (#6063) with HDR for the design of the Naval Ave: 1st Street to 15th Street Pedestrian and Bicycle Enhancements Project in the amount of $614,400. Supplement No. 01 through No. 03 have been executed; extending the contract term to December 31, 2026, and increasing the contract value to $853,324. This proposed Supplement No. 4 is for the Right Of Way Phase of the project; scope of work is for time and expenses related to Real Estate Services. These work tasks include but are not limited to, services to support property acquisition and documentation, extension of time for project management and design services to incorporate changes from Right of Way acquisition. This Supplement will increase the contract amount by $1,460,952 (Total $2,314,276) and extend the contract term to December 31, 2030. In addition, the contract amount for this Supplement also includes escalation costs from 2020 to 2024 for HDR and 3 sub-consultants. ATTACHMENTS: 1) Supplement No. 4 with HDR FISCAL IMPACTS (Include Budgeted Amount) No fiscal impacts. This project cost is included in the Transportation Capital Projects (TransCap) budget. STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Supplement No. 4 with HDR Inc. for the Naval Ave: 1st Street – 15th Street Pedestrian and Bicycle Enhancements Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A5 Supplemental Agreement Number Organization and Address Phone: Original Agreement Number Project Number Execution Date Completion Date Project Title New Maximum Amount Payable Description of Work The Local Agency of desires to supplement the agreement entered in to with and executed on and identified as Agreement No. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 1, SCOPE OF WORK, is hereby changed to read: II Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: III Section V, PAYMENT, shall be amended as follows: as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate spaces below and return to this office for final action. By: By: Consultant Signature Approving Authority Signature Date DOT Form 140-063 Revised 09/2005 04 HDR Engineering, Inc. 929 108th Avenue NE, Suite 1300 Bellevue, WA 98004 (425)-450-6200 315028 (City Contract 6063) HLP-PB19(006)February 13, 2020 December 31, 2030 Naval Avenue- 1st Street to 15th Street Pedestrian and Bicycle Enhancements 2,314,276.71 This scope of work includes time and expenses for Real Estate Services for the Right Of Way Phase. These activities include but are not limited to services to support property acquisition and documentation, extension of time for project management and design services to incorporate changes from Right of Way acquisition. City of Bremerton HDR Engineering Inc. 2/13/20 315028 (City Contract 6063) See Exhibit A 12-31-30 See Exhibit B Paul Ferrier, HDR Engineering Inc.Greg Wheeler, Mayor City of Bremerton Naval Avenue: 1st St to 15th St Bicycle and Pedestrian Enhancement Project City Project No. 315028 Scope for Design and Right-of-Way Services CONTRACT MODIFICATION #4 (Amendment #9) September 2024 City of Bremerton Prepared by: HDR 929 108th Avenue NE, Suite 1300 Bellevue, WA 98004 Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 2 of 15 CONTENTS INTRODUCTION ............................................................................................................................................. 3 Scope of Work ..................................................................................................................................................3 Project Description ...........................................................................................................................................3 Major Milestone Schedule ................................................................................................................................3 TASK 1. PROJECT MANAGEMENT & ADMINISTRATION ............................................................................. 4 TASK 2. QUALITY ASSURANCE / QUALITY CONTROL ................................................................................. 4 TASK 3. PUBLIC INVOLVEMENT ................................................................................................................ 4 TASK 4. STAKEHOLDER COORDINATION ................................................................................................... 4 TASK 5. DATA COLLECTION / REVIEW OF EXISTING INFORMATION ........................................................... 5 TASK 6. SURVEY AND MAPPING ............................................................................................................... 5 TASK 7. GEOTECHNICAL ENGINEERING .................................................................................................... 5 TASK 8. TRAFFIC ANALYSIS ...................................................................................................................... 5 TASK 9. BASIS OF DESIGN ........................................................................................................................ 5 TASK 10. ENVIRONMENTAL DOCUMENTATION & PERMITTING ASSISTANCE .............................................. 6 TASK 11. 30% DESIGN ............................................................................................................................... 6 TASK 12. FINAL DESIGN - PS&E .................................................................................................................. 6 TASK 13. REAL ESTATE SERVICES ............................................................................................................... 6 TASK 14. DESIGN SERVICES DURING ROW PHASE .................................................................................... 15 TASK 15. MANAGEMENT RESERVE FUND ................................................................................................. 15 Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 3 of 15 INTRODUCTION During the term of this PROFESSIONAL SERVICES AGREEMENT (AGREEMENT), HDR Engineering, Inc. (CONSULTANT) shall perform professional services for the City of Bremerton (CITY) in connection with the following project: Naval Avenue: 1st St to 15th St Bicycle and Pedestrian Enhancement Project (PROJECT). Contract Modification #4 keeps intact the overall terms of the original agreement and the previously executed amendments. Scope of Work This Contract Modification #4 scope of work includes time and expenses for the Right-of-Way (ROW) phase of the project. The additional scope of work includes project management efforts extending the project timeline, services for support of ROW acquisition, design services to incorporate design changes from right of way acquisition and grant support. Project Description The PROJECT rebalances the existing roadway section to remove barriers to non-motorized travel by adjusting the number and width of vehicular lanes, adding bicycle facilities, and enhancing pedestrian facilities. The PROJECT will provide ADA improvements to the maximum extent feasible throughout the project limits. As part of this roadway reconfiguration project, the following will be included, pavement resurfacing, curb and gutter, signing and striping to support continuous bike facilities, more robust pedestrian facilities, signal modifications, street lighting, way finding signage, utility relocations, and stormwater improvements. This is a multimodal improvement project identified in the City’s 2007 Non-motorized Transportation Plan. Major Milestone Schedule Contract Modification #3 modifies the schedule as follows: Notice to Proceed……………………. Complete Identify the Basis of Design ....... Complete 30% Design ................................. Complete 60% Design and ROW Plan ......... Complete 90% Design ................................. Complete 100% Design ............................... TBD ROW …………………………………………2024 - 2027 Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 4 of 15 Advertisement………………………… TBD (Depending on Funding) Contract Modification #4 Project Tasks The CONSULTANT shall manage the work as described within the following major Work Elements: TASK 1. PROJECT MANAGEMENT & ADMINISTRATION Task 1 is modified to include additional time for project PM and Accountant to execute the amendment, update project budget, billings, and invoicing throughout the life of the contract. Also, includes processing amendments to subconsultants for additional work as part of this amendment. Assumption(s): · This scope assumes up to 30 monthly invoices. · Includes up to 24 biweekly meetings, assuming periods of no activity. · Attendance of ROW kickoff Meeting Deliverable(s): · Up to 30 additional invoices and progress reports. · Meeting agendas and notes TASK 2. QUALITY ASSURANCE / QUALITY CONTROL No change to this task from original scope TASK 3. PUBLIC INVOLVEMENT No change to this task from original scope TASK 4. STAKEHOLDER COORDINATION No change to this task from original scope Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 5 of 15 TASK 5. DATA COLLECTION / REVIEW OF EXISTING INFORMATION No change to this task from original scope TASK 6. SURVEY AND MAPPING No change to this task from original scope TASK 7. GEOTECHNICAL ENGINEERING No change to this task from original scope TASK 8. TRAFFIC ANALYSIS Task 8 is modified to add scope to perform a traffic signal warrant analysis of the 15th Street signalized intersection. Signal warrant analysis will follow latest guidance from updated MUTCD. Assumption(s): · Effort accounts for collecting new traffic turn movement counts at the 15th Street signal to meet the latest MUTCD data collection needs for the 1-hour, 4-hour and 8-hour signal warrants. To be collected and provide by count vendor. · Analysis will include safety review of latest 5 years of crash data, review of sight distance requirements for existing and planned intersection configuration. Deliverable(s): · Draft and final traffic signal warrant analysis memo with recommendation TASK 9. BASIS OF DESIGN No change to this task from original scope Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 6 of 15 TASK 10. ENVIRONMENTAL DOCUMENTATION No change to this task from original scope TASK 11. 30% DESIGN No change to this task from original scope TASK 12. FINAL DESIGN - PS&E Task 12 is modified to cover additional cost for rate escalation from original scoping in 2020 to staff rates in 2024. In addition to added effort for out of ROW impacts and additional complexity of work for realignment and redesign of the north segment of the project from 11th Street to 15th Street. The alternative that was selected for the design impacts ROW on both sides of the street adding additional design for sidewalks, drainage, and driveway reconstruction. For utility coordination this scope adds budget to generate utility coordination exhibits and more support time to assist with franchise utility coordination and management of design by utilities. Assumption(s): · Removal of trees and replacement of sidewalk and drainage along the west side of Naval Ave fronting the cemetery property. · Utility coordination exhibits to account for vertical structures and overhead utility and communications. Deliverable(s): · Up to ten (10) utility coordination exhibits · Updates for 100% design package per original scope TASK 13. REAL ESTATE SERVICES The objective of this task is to provide the necessary effort required by the CONSULTANT to complete the Real Estate Services management, valuation, negotiation, and acquisition for the CITY for up to eighty-three (83) parcels. It is anticipated that these services will be completed within a period of thirty (30) months. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 7 of 15 Assumption(s): · These tasks are based upon the most current WSDOT approved Right-of-Way Plans and Right of Way Funding Estimate, which identifies eighty-three (83) parcels for acquisition. · The CONSULTANT shall perform right of way acquisition in accordance with the Federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act (URA), WSDOT LAG Manual guidelines, applicable State and local laws, CITY ROW procedures, WSDOT Right of Way Manual, and CITY administrative rules. · CITY shall provide CONSULTANT with available project information such as, but not limited to, the CITY’s WSDOT approved ROW procedures (approved within the last three years), approved environmental documentation, and any pre-approved CITY ROW forms, including legal documents, if available and as needed. · CONSULTANT and CITY agree to maintain clear lines of communication, determine, and document the appropriate decision-making process to achieve project goals, and to provide open access to available data that is pertinent to the project. · Real Estate Services will acquire up to eighty-three (83) parcels which will consist of permanent easements (PE) and/or temporary construction easements (TCE) and fee acquisitions of a complete parcel. Any additional parcels not included will be considered an increased level of effort and will be renegotiated and adjusted accordingly. · All deliverables will be produced in accordance with the approved quality control/quality assurance (QC/QA) process established by the CITY and the CONSULTANT team. · All deliverables prepared by CONSULTANT shall be provided to the CITY – one (1) electronic version and one (1) hard copy. PRE-ACQUISITION AND DATA MANAGEMENT CONSULTANT shall order title reports and obtain any right of entry agreements needed for the project described as follows: · Order title reports and circulate title reports to the project team. · Acquire right of entry agreements (ROE), with ROE requests being mailed out and a maximum of two (2) additional contacts being made for each parcel. CITY Responsibilities: · Review and approve title reports and pay title report invoice. · Review and approve ROE agreement and cover letter. · Identify and authorize any parcels needing right of entry agreements. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 8 of 15 · CITY and CONSULTANT will reassess any ROE negotiations that are unsuccessful after three attempts to determine if modifications to scope and budget are required. Assumption(s): · CONSULTANT shall order a maximum of eighty-three (83) title reports with one copy of each title report and any supporting documentation (e.g., copies of covenants affecting legal description, deeds, etc.) supplied to CONSULTANT. · CONSULTANT shall prepare all necessary documents and make a maximum of three landowner contacts for any right of entry agreement request. · There will be a maximum of two (2) right of entry agreement requests. Deliverables: · Title Reports · Right of Entry Documents and Signed Agreements MANAGEMENT AND ADMINISTRATION OF THE REAL ESTATE SERVICES RIGHT- OF-WAY (ROW) PROCESS CONSULTANT will provide management, administration, coordination, direction, and guidance for the following ROW tasks: · Prepare for and attend ROW kickoff meeting and monthly project update meetings with the CITY. · Prepare and provide an updated landowner list, preliminary ROW cost estimate (RFE), and ROW schedule. · Prepare and provide monthly ROW project status report to include acquisition milestones upon commencement of the valuation process. · Manage CONSULTANT staff to provide the most expeditious schedule for the delivery of the ROW portion of the project. · Manage CONSULTANT’s ROW subconsultants, including complying with and entering payments to DBEs into WSDOT’s DMCS system. · Provide 5 days notice to CITY staff when DBE subconsultants are scheduled to perform work for the purpose of performing CUF reviews. · Provide QA/QC services. CITY Responsibilities: · Attend ROW kickoff meeting and monthly project update meetings with the CONSULTANT. · Review and approve landowner contact list, RFE, and ROW schedule. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 9 of 15 · Review monthly status reports and provide comments as needed. Assumption(s): · Up to two (2) CONSULTANT RES staff will attend the ROW kickoff meeting. Staff commitment is estimated at two (2) hours per staff for preparation and participation. · Up to one (1) CONSULTANT staff will attend up to twelve (12) recurring monthly client meetings to be held virtually. Staff time commitment is estimated at two (2) hours per staff, per meeting, for preparation, participation in the meeting, and meeting notes. · Up to two (2) CONSULTANT RES staff will attend up to twelve (12) recurring monthly internal meetings. Staff time commitment is estimated at one (1) hour per staff and per meeting for preparation, participation in the meeting, and notes. · All meetings with the CITY are anticipated to be held online by virtual capacity. If any meetings are held in person, the increased level of effort will be renegotiated and adjusted accordingly. · Update to ROW cost estimate (RFE). · Up to one (1) ROW schedule and up to one (1) update will be prepared. Deliverables: · One (1) Landowner Contact List · One (1) RFE and up to one (1) update · One (1) ROW Schedule and up to one (1) update · Up to twelve (12) Monthly ROW Project Status Reports Up to twelve (12) Monthly ROW Project Status Reports VALUATION PROCESS (AOS, APPRAISAL AND APPRAISAL REVIEW, EXHIBITS AND LEGAL DESCRIPTIONS) CONSULTANT will manage the valuation process for up to eighty-three (83) parcels. As part of the valuation process, Administrative Offer Summary (AOS) reports, full appraisal reports, and review appraisal reports will be prepared. CONSULTANT shall meet all requirements set forth in 49 CFR 24.103. CONSULTANT will perform the following tasks: · Prepare a schedule for delivery of AOS reports, appraisal, and review reports. · Assemble all needed valuation data, exhibit and scope for each AOS assigned. · Send out landowner contact letters to all affected parcels in advance of the valuation, if needed. · Manage the delivery of up to seventy-eight (78) AOS reports. · Manage the delivery of up to five (5) Appraisal report and five (5) Appraisal Review. · Develop up to eighty-three (83) parcel exhibits and legal descriptions. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 10 of 15 CITY Responsibilities: · Review and approve valuation (AOS) schedule. · Review and approve by signature all AOS reports. · Review and approve parcel exhibits and legal descriptions Assumption(s): · CITY shall provide all information to CONSULTANT that is required to complete the assigned appraisals, typically information from City permitting department. · It is anticipated there will be a total of up to seventy-eight (78) parcel AOS reports. Five (5) Appraisal report and five (5) Appraisal Review report. Appraisal Review report. · Valuations for AOS’s will be based on comparable properties of the same type, size, use and configuration. · If it is determined that the value of any parcel is more than $35,000, or the valuation is determined to be complex in nature, or an appraisal is necessary, the cost for the appraisal, appraisal review and level of effort for those parcels will be renegotiated and adjusted accordingly. This will result in additional costs to the CITY. · For the appraisals that are needed, the following applies: o All valuation services will be performed by a certified independent appraiser. o Appraisals will be before and after short form narrative appraisal reports. o NTP for the appraiser will be the date of receipt of sufficient right of way plans or exhibits; title information; and landowner contact information. o The estimated delivery schedule for the appraisal reports and AOS documents is within ten (10) weeks from the date of NTP. o NTP for the review appraiser will be upon delivery of the appraisal report. Estimated delivery time is 30 days from NTP. Deliverables: · Valuation schedule. · Draft and Final Administrative Offer Summary Reports. · Landowner contact letters, if applicable. · Appraisal Reports. · Appraisal Reviews. · Up to eighty-three (83) parcel exhibits and legal descriptions Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 11 of 15 ACQUISITION AND NEGOTIATION SERVICES CONSULTANT will prepare offer packages, present offers, and negotiate purchases, prepare administrative settlement memos, prepare executed documents for CITY approval and processing for a maximum of eighty- three (83) acquisition parcels. All files will be transmitted to the CITY with all original documents at the completion of negotiations. Services include: · Prepare and maintain electronic and hard copy parcel files. · Review title reports (limited to the last deed of record for up to eighty-three (83) parcels). · Review ROW plans, exhibits and legal descriptions for up to eighty-three (83) parcels. · Prepare and provide all documents required for the assigned parcels including Offer Letters, Easements, W-9s, Real Property Vouchers, Real Estate Tax Affidavits, Escrow Agreements (if applicable), and Negotiator Diaries. · Make corrections based on WSDOT spot check comments of AOS offer packets · Act as the agent of the CITY in negotiations. · Make a maximum of four (4) good faith contact attempts with each of the impacted landowners in an effort to negotiate a fair settlement. · Acquire fee acquisition, permanent easements and temporary easements, as approved by the CITY. · Provide a justification memorandum for settlements above the approved offering price, for approval by the CITY. · Provide a condemnation cover memorandum and parcel file, as approved by the CITY. · Process all landowner payments through the CITY. · Transmit completed parcel files to the CITY. CITY Responsibilities: · Provide CONSULTANT with a copy of WSDOT approved Right-of-Way acquisition procedures dated within the last 3 years (if available). · Approve all real estate documents and forms that CONSULTANT will use consistent with CITY acquisition practice. · Approve a minimum of one (1) preliminary offer package prior to any offer being made. · Provide written approval for all administrative settlements agreed to by the City. · Approve all landowner payments. · Make prompt payment to the owner or Escrow Company for all approved acquisitions. · Review and approve all transmitted files prepared by the CONSULTANT. · Record all necessary documents upon receipt of transmitted files. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 12 of 15 Assumption(s): · CONSULTANT shall follow the Uniform Relocation Act, WSDOT Local Agency Guidelines (LAG) manual, all applicable State and Local laws and CITY administrative rules for R/W acquisition for all real estate services provided for this project. WSDOT ROW Manual procedures & guidelines. · CITY will provide the CONSULTANT with available project information such as but not limited to the CITY’s WSDOT approved R/W procedures, if available. · The CONSULTANT’s title review responsibilities shall be to identify the correct vesting from the title report, inputting that information into the appropriate acquisition documents. · CONSULTANT shall make the initial offer to purchase in person if possible, or by certified mail. · CONSULTANT shall provide a maximum of four (4) good- faith attempts at negotiations for up to eighty-three (83) parcels assigned, with those attempts being defined as an in-person visit with landowner (physical or virtual), a detailed phone conversation, a substantive correspondence or email exchange. · If negotiations cannot be concluded within 90 days of the offer date on any given parcel or if an appraisal is requested by a landowner of any AOS parcel, then the hours to complete those parcels will be re-negotiated and adjusted accordingly. · CONSULTANT’S acquisition duties shall be deemed complete if any of the following occur: o A negotiated settlement approved by the CITY is reached and the necessary closing documents are executed. o The offer to purchase is rescinded by the City and the parcel is no longer needed. o A P&U is secured, and the acquisition file is transmitted to CITY. o A negotiated settlement cannot be reached after the fourth good faith attempt. o If an impasse is reached during negotiations, the entire parcel file shall be turned over to the CITY for further action, including determination to eliminate acquisition of property. · The CITY agrees to pay all title, closing, escrow or other fees (if applicable). Deliverables: o Up to eighty-three (83) Offer packages with executed acquisition documents for closing by the CITY. o Up to one (1) QA/QC review of offer packages, including ROW Plans, legal descriptions and exhibits for up to eighty-three (83) parcels. o Administrative settlement memorandum (if needed). o Possession and Use Agreements (if needed). o Files recommended for condemnation proceedings (if needed). o Up to eighty-three (83) completed parcel files. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 13 of 15 RELOCATION SERVICES CONSULTANT following the relocation plan, will prepare and present all relocation notices and benefit letters, provide relocation services, prepare, and develop an appeals process, administer relocation reviews and appeals, prepare executed documents for City approval, and process all relocation payments for up to one (1) Landlord business and three (3) residential relocations and one (1) personal property only (PPO). At the end of the project all relocation files will be transmitted to the CITY with all the original documents. · Develop appeals process and provide one staff member for the relocation review panel. · Prepare all relocation documents per Chapter 12 of the WSDOT ROW Manual. · Act as the CITY’s relocation agent for all affected parcels. · Administer relocation reviews and approvals. · Process all relocation payments. · Transmit completed files to CITY. CITY Responsibilities: · Review and approve the relocation appeals process and provide at least one CITY staff members to sit on the relocation review panel. · Approve the format of all documents used. · Review and authorize all relocation payments in advance. · Make prompt payment to displacees for all approved relocations. · Review and approve all transmitted files. · Provide check copies as proof of payments to displacees. Assumptions: · One updated version of the relocation plan and appeals process will be prepared. · CITY will have sufficient funding to pay for the relocation of any parcel assigned. · All relocation forms will be approved by the CITY prior to their use. · There will be a maximum of one (1) Landlord business and three (3) residential relocations. · There will be a maximum of one (1) Personal Property only (PPO) · All relocation services will follow the Uniform Relocation Act and WSDOT LAG manual standards. Deliverables: · Updated Relocation plan · Relocation appeals process. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 14 of 15 · Relocation Documents. · Relocation Services. · Administer appeals and provide one appeals board member if needed. · Completed files. PREPARE RIGHT OF WAY CERTIFICATION PACKAGE CONSULTANT shall work with the CITY and WSDOT Local Agency Coordinator (LAC) to prepare all files for certification to the standards of the WSDOT LAG manual and prepare a certification memo for CITY. · Prepare acquisition files and documents for pre-acquisition review by WSDOT. · Attend the WSDOT pre-acquisition review meeting. · Prepare post-acquisition files for certification. · Prepare Draft Certification Memo. · Participate in WSDOT LPA certification review. CITY Responsibilities · CITY shall supply all WSDOT LAC ROW documentation needed for parcel files to CONSULTANT in advance of all WSDOT reviews. · If WSDOT LAC ROW documentation is unavailable, the CITY agrees to facilitate and attend a coordination meeting with the WSDOT LAC upon completion of NEPA and prior to the start of acquisition activities. · Review files prior to pre- and post-acquisition certification WSDOT review. · Review and approve draft certification memo. · Transmit final certification memo(s) to WSDOT LAC. · Participate in WSDOT LPA certification review. Assumption(s) · A maximum of eighty-three (83) acquisition files shall be prepared for certification. · There will be a maximum of one draft certification memo prepared. · There will be a maximum of one certification review meeting of a maximum of two (2) hours duration each for pre-acquisition and post-acquisition file review. Deliverables: · Up to eighty-three (83) acquisition files prepared for certification. Naval Avenue B&P Improvements | Exhibit A-1 Scope of Work HDR Page 15 of 15 · Up to one (1) draft certification memo. TASK 14. DESIGN SERVICES DURING ROW PHASE This task will be utilized to provide known and unknown design tasks as they present themselves during ROW phase negotiations. This work will include but not limited to structural design of retaining walls, modification to property frontage and property access, landscaping associated with the cemetery frontage, modification to sidewalk and ramp design if needed. The fee estimate accounts for assumed design, scope and fee will be provided as task present themselves for approval prior to commencement of work. CITY Responsibilities · Provide CONSULTANT with directive approval to complete work under this task. Assumption(s) · CONSULTANT and CITY will mutually agree to timeline durations and budget for work completed under this task order prior to work beginning. · To streamline delivery additional work will be requested and approved in writing via email. · The CONSULTANT to incorporate changes into the final design of the project. Deliverables: · To be determined as each project change is enacted. TASK 15. MANAGEMENT RESERVE FUND A Management Reserved Fund (MRF) $70,000, roughly 5%, is to be utilized only for unforeseen added work that is not included in this AGREEMENT. This amendment adds additional funds to the MRF to account for these unforeseen items. The CONSULTANT shall obtain written authorization from the AGENCY prior to doing any work under MRF through the city’s Management Reserve Authorization form. CONSULTANT compensation for work done under MRF must be approved by the AGENCY prior to doing the work. LABOR ESTIMATE, HDR ENGINEERING STAFFCity of Bremerton:  Navel Ave Pedestrian and Bicycle EnhancementsAcevedo, Robert CBush, Jaelen AlexanderFrench, Cameron CParenteau, Trevor MichaelRoderick, Andy PPauly, Sarah CElder, Bailie DawnGould, Paul FPfiester, Benjamin AWillis, Lynn KNapiorkowski, Tomasz William (Tom)Barney, Hayley LynnKhinvasara, Saurabh SachinVo, John-Viet TFrankel, Isabelle GraceGurrad, Matthew CTotal Project RoleProject Manager/Traffic LeadEIT SanitaryRoadway / Water EngineerCAD Technician Real Estate ManagerROW Admin RES Agent 1 ROW Specialest ROW Tech RES Agent Sr Traffic Designer Project Accountant Structural EIT Structural Engineer Civil EIT Landscaping LeadLabor HoursTotal Labor DollarsBilling Rate286.40 128.58 187.05 114.87 233.96 134.78 112.95 193.99 121.16 159.05 164.16 120.69 130.36 254.38 130.79 207.281173000000000301080000311 67,506.52$ Project Setup64102,201.16$ Project Mgmt Plan / Quality Mgmt Plan / HASP 4481,628.36$ Coordination and Monitoring 606017,184.00$ Invoicing / Status Reporting / EV / WorkPlan 307210217,281.68$ Subconsultant Management 2420449,287.40$ Project Closeout48122,111.12$ Meetings and prep45307517,812.80$ 84000000000220000026 4,757.12$ 15th Street Signal Warrant Analysis 422264,757.12$ 12344022400000002200001800536 83,248.10$ Civil 12 20180 180 39258,825.20$ Stormwater 2 4022208412,128.50$ Utilities Coordination1232448,689.92$ Traffic 88163,604.48$ 2020-2024 Escalation0-$ 1300007351037 1070 286 1150 10400000005318 792,811.10$ 13.1.1 Project file setup10 110 20032039,755.40$ 13.1.2 Title Reports and Title Reviews5 15516022,060.70$ 13.1.3 Right of Entry documents10 10 10 10406,028.50$ 13.2.1 Relocation Plan Update416203,642.96$ 13.3.1 Project reports10 30406,383.00$ 13.3.2 Coordinating and monitoring80 4012024,108.00$ 13.3.3 Attend meeting40 84810,436.64$ 13.3.4 Project closeout and QC10 20021029,295.60$ 13.4.1 Manage delivery of AOS and appraisals10 10 406010,049.40$ 13.5.1 Acquisition and Negotiations - Document Prep10 250 5031045,734.10$ 13.5.2 Acquisition and Negotiations - negotiations500 700 800 7602760413,851.00$ 13.5.3 Acquisition and Negotiations - Agreement processing10 40 40 40 4017023,457.20$ 13.5.4 Agreement processing - File management and Transmittal100 6016020,255.00$ 13.6.1 Relocation Services - Support 160 300 20066099,196.40$ 13.6.2 Relocation Services - PPO60 208010,656.80$ 13.6.3 Relocation Services - File management and Transmittal40 408013,150.80$ 13.7.1 ROW Certification Package - Prepare files for certification by WSDOT40 408014,749.60$ 1480062000000220020080160100830133,605.14$ Ped Ramp design 21880 80 18026,236.46$ Driveway Ramp design 224120 80 22633,492.08$ Structural Wall Design 21216 200 80 31051,000.20$ Landscaping 284100 11422,876.40$ Task Total Hours 219.00 40.00 22.00 102.00 735.00 1037.00 1070.00 286.00 1150.00 1040.00 492.00 108.00 200.00 80.00 340.00 100.00 7021.00Task Total Fee 62,721.60$ 5,143.20$ 4,115.10$ 11,716.74$ 171,960.60$ 139,766.86$ 120,856.50$ 55,481.14$ 139,334.00$ 165,412.00$ 80,766.72$ 13,034.52$ 26,072.00$ 20,350.40$ 44,468.60$ 20,728.00$ 1,081,927.98$ Project Management & AdministrationTraffic AnalysisFinal Design - PS&EReal Estate ServicesDesign Services During ROW Phase c:\pwworking\west01\d3785060\Bremerton Naval Bike Ped Improv_Amendment 4_ESTIMATE.xlsmPrinted 9/24/20242:42 PM EXPENSESCity of Bremerton:  Navel Ave Pedestrian and Bicycle EnhancementsMileage/mile (IRS starting 7/1/22)Copies/Page 11x17 B&WCopies/Page 11x17 ColorCopies/Page 8.5x11 B&WCopies/Page 8.5x11 ColorExpress Mail MiscellaneousTravel Office Expenses Office Expenses Office Expenses Office Expenses Office Expenses MiscellaneousOTHER DIRECT COSTSEach Each Each Each Each Each EachUnit Cost$0.625 $0.090 $0.900 $0.050 $0.450 $25.000 $10.000 $3.70 0.00% 0.00%8Quantity 2200000000.00Task Total$137.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $137.50 $0.00$137.5012Quantity 2200000000.00Task Total$137.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $137.50 $0.00$137.5013Quantity 5000 1000 700 12000 2000 80 80 0.00Task Total$3,125.00 $90.00 $630.00 $600.00 $900.00 $2,000.00 $800.00$0.00 $0.00 $8,145.00 $0.00$8,145.0014Quantity0.00Task Total$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00$0.00Total ODC 3,400.00$ 90.00$ 630.00$ 600.00$ 900.00$ 2,000.00$ 800.00$ -$ -$ 8,420.00$ -$ 8,420.00$ Real Estate ServicesDesign Services During ROW Phase ContingencyTech FeesTotal ODCODC MarkupTotal ODC + MarkupFinal Design - PS&ETraffic Analysisc:\pwworking\west01\d3785060\Bremerton Naval Bike Ped Improv_Amendment 4_ESTIMATE.xlsm SUBCONSULTANTSCity of Bremerton:  Navel Ave Pedestrian and Bicycle EnhancementsLingeman Valuation Duncan Appraisal DR Surveying PH Consulting IdaxSUBCONSULTANTS0.00%1Task Total$0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00$0.008Task Total$0.00 $0.00 $0.00 $0.00 $1,450.00$1,450.00 $0.00$1,450.0012Task Total$0.00 $0.00 $0.00 $21,982.70 $0.00$21,982.70 $0.00$21,982.7013Task Total$119,400.00 $7,500.00 $46,620.00 $0.00 $0.00$173,520.00 $0.00$173,520.0014Task Total$0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00$0.00Total Subconsultants 119,400.00$ 7,500.00$ 46,620.00$ 21,982.70$ 1,450.00$ 196,952.70$ -$ 196,952.70$ Traffic AnalysisFinal Design - PS&EReal Estate ServicesDesign Services During ROW Phase Total SubconsultantsSub MarkupTotal Subconsultants + MarkupProject Management & Administrationc:\pwworking\west01\d3785060\Bremerton Naval Bike Ped Improv_Amendment 4_ESTIMATE.xlsm FEE ESTIMATECity of Bremerton: Navel Ave Pedestrian and Bicycle EnhancementsTask # Task DescriptionTotal LaborTotal ExpensesTotal SubconsultantsTotal For ProposalTotal For Proposal1 Project Management & Administration$67,507 $0 $0$67,5078 Traffic Analysis$4,757 $138 $1,450$6,34512 Final Design - PS&E$83,248 $138 $21,983$105,36913 Real Estate Services$792,811 $8,145 $173,520$974,47614 Design Services During ROW Phase $133,605 $0 $0$133,605$1,081,928 $8,421 $196,953 $1,287,302 $070,000.00$ -$ 103,649.75$ -$ $1,460,952 -$ Management Reserve Fund2020-2024 Escalation - Task 12c:\pwworking\west01\d3785060\Bremerton Naval Bike Ped Improv_Amendment 4_ESTIMATE.xlsmPage 1 Published for December 11 Study Session Item A5 Public Comments From: Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us> Sent: Wednesday, December 11, 2024 3:08 PM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Ned Lever <Ned.Lever@ci.bremerton.wa.us>; Vicki Grover <Vicki.Grover@ci.bremerton.wa.us>; Shane Weber <Shane.Weber@ci.bremerton.wa.us>; Gunnar Fridriksson <Gunnar.Fridriksson@ci.bremerton.wa.us> Subject: FW: Citizen Letter - Naval Ave Project - do not approve $1.46m right-of-way acquisitions (Travis Merrigan) Council – last month Mr. Merrigan sent an inquiry on the Naval Avenue project to Shane Weber which I responded to; see attached. In my response, I advised of the community engagement (including project development using a Stakeholder Advisory Group, and two open houses) we conducted as we completed the project design. Specific to Mr. Merrigan’s concerns below related to transparency, I encourage you to read his attached e-mail along with my response. At present, the Naval Avenue project is on-budget, but we have fully expended our design budget. We’re currently at 90% design, we have had plans on the City’s website for over 2 ½ years, and we are now ready to begin the right-of-way phase of the project. Reopening the design phase of the project at this point would have staffing and budget impacts that are not currently understood. Tom Knuckey, P.E. Director of Public Works & Utilities City of Bremerton Desk (360) 473-2376/Cell (360) 710-0039 tom.knuckey@bremertonwa.gov From: Thomas Knuckey <Thomas.Knuckey@ci.bremerton.wa.us> Sent: Tuesday, November 12, 2024 3:54 PM To: Travis Merrigan <bikebremerton@gmail.com> Cc: Shane Weber <Shane.Weber@ci.bremerton.wa.us>; Ned Lever <Ned.Lever@ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Jennifer Chamberlin <Jennifer.Chamberlin@ci.bremerton.wa.us>; Jane Rebelowski <Jane.Rebelowski@ci.bremerton.wa.us>; Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us>; Denise Frey <Denise.Frey@ci.bremerton.wa.us>; Anna Mockler <Anna.Mockler@ci.bremerton.wa.us> Subject: RE: Naval Ave turn pockets on the 90% design? - unacceptable Travis – Shane forwarded me your e-mail for response. At a recent Public Works Committee meeting, the PWC requested we post project plans to our website to help improve transparency with our project delivery. Last week Engineering posted the 90% plans for the Naval Avenue project to the website in compliance with that request. Please note that in developing the Naval Avenue project design we established a Stakeholder Advisory Group (SAG) which included a variety of representatives, including the Bicycle Community (Dianne Iverson). The SAG met 3 times to provide input on the design; at kickoff, immediately following development of the 30% design, and at 60% design. To help communicate the project scope to the public and to be transparent in our project delivery, staff posted the 60% design alignment on the project website on March 17, 2022. Specific to the turn pockets you reference below, please note that those have been a part of the project design since at least the 60% design phase. In fact, the screenshots of the turn pockets that you posted below appear to be from the exhibit that was posted to the project website over 2 years ago. Finally, note that in developing the project scope we did act on public input; both from the SAG as well as from public comment received at our two project open houses. As a result of this input, we increased the project scope to add bike facilities north of 11th Street. Tom Knuckey, P.E. Director of Public Works & Utilities City of Bremerton Desk (360) 473-2376/Cell (360) 710-0039 tom.knuckey@bremertonwa.gov From: Travis Merrigan <bikebremerton@gmail.com> Sent: Sunday, November 10, 2024 3:51 PM To: Shane Weber <Shane.Weber@ci.bremerton.wa.us> Cc: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us>; Jane Rebelowski <Jane.Rebelowski@ci.bremerton.wa.us>; Denise Frey <Denise.Frey@ci.bremerton.wa.us>; Anna Mockler <Anna.Mockler@ci.bremerton.wa.us> Subject: Naval Ave turn pockets on the 90% design? - unacceptable Wow Shane, The Naval Ave 90% plans just dropped in the dead of night. You posted the 90% Plan on Friday night, Oct 25. No meeting, no notification. Just hope nobody notices, right?. Guess this is the lack of transparency that you've always gotten away with. And even on this little-trafficked street right by an elementary school, you put turn pockets over the bike lanes. Of course you did. You know these turn pockets suck horribly for bikes, right? You just don't care. Cars first, cars always. Right? You won't get away with it this time. Not without a fight. Travis From: Travis Merrigan <bikebremerton@gmail.com> Sent: Wednesday, December 11, 2024 1:40 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us>; Anna Mockler <Anna.Mockler@ci.bremerton.wa.us>; Jane Rebelowski <janerebelowski@yahoo.com>; Jennifer Chamberlin <Jennifer.Chamberlin@ci.bremerton.wa.us>; Denise Frey <Denise.Frey@ci.bremerton.wa.us>; Michael Goodnow <Michael.Goodnow@ci.bremerton.wa.us>; Eric Younger <eric.younger@ci.bremerton.wa.us> Subject: Naval Ave Project - do not approve $1.46m right-of-way acquisitions Dear City Council, I write in regards to the “Naval Avenue 1st to 15th Bicycle and Pedestrian Enhancements Project”. Despite some excellent components, the City’s recently released ‘90% Plan’ for Naval Ave will make the street less safe and cost too much. I urge Council to delay implementation of the plan - do not rubber stamp the Administration's request to begin right-of-way acquisitions. Let's slow down, allow the the public and council to review the plan and improve it. The Good: The Naval Project has a couple of excellent elements, including: -- An end-to-end bike lane from 1st to 15th -- Safe, narrowed intersections at the small street crossings: 10th, 8th, 5th and 4th The Bad: However, the Naval plan falls well short in several critical areas, including -- Large intersections will be made less safe due to lengthened crosswalks and long turn radii that increase car turning speeds -- Bike lanes are unprotected and incorporate turn pockets, which make the bike lanes unsafe for children and other humans -- The plan is extraordinarily expensive, with 83 right-of-way acquisitions, wholesale removal/replacement of all existing sidewalks and power poles and widening of Naval Ave. -- Lack of transparency. The City held a single public meeting, online, on a week day, and over 2 years ago. Neither the public nor Council has had an opportunity to weigh in on this plan. The Naval 90% Plan should not be accepted without in-depth deliberation from City Council. On such an expensive project, it would be prudent to commission a review from an outside contractor (not our regular HDR or Parametrix) to see where improvements can be made. ----- I respectfully submit three types of improvement - three principals to consider - applicable to Naval Ave: First, focus on safety in intersections - Intersections are where soft humans and big machines directly cross paths. Most car-on-car and most car-on-human collisions occur in intersections. According to the US DOT, “roughly one–quarter of traffic fatalities and about one– half of all traffic injuries in the United States are attributed to intersections.” The 90% plan for Naval would create (maintain) dangerous intersections with high Level of Traffic Stress (LTS) at the large intersections: Burwell/Naval, 6th/Naval and 11th/Naval. Because these intersections incorporate large radius corners, the encourage cars to turn at high speeds, and design lengthens the crosswalk from the current, not-particularly safe status quo. And these intersections contain ‘turn pocket’ style bike lanes, which are not safe for school children. NACTO has great info about safe intersections - https://nacto.org/publication/dont- give-up-at-the-intersection/protected-intersections/ ‘A protected intersection, NACTO publication: https://nacto.org/publication/dont-give-up-at- the-intersection/protected-intersections/ ‘ Second, build safe, modern bike infrastructure. Proposed bike lanes will result in a high LTS, due to lack of protection, high traffic counts, turn pockets, and unsafe intersections. A high LTS virtually ensures that children won’t ride in the bike lane. Bremerton should never again build a bike lane that children can’t ride in, especially not for Naval Ave, which passes through school zones. ‘Paint-only bike lanes’ are not modern bike infrastructure, please don’t fund unprotected bike lanes. ‘Unprotected bike lanes attract illegally parked cars.’ Third, be cost efficient. Bremerton has many streets in need of safety improvements, repaving, new sidewalks, etc. We should be as efficiency as possible, spread the improvements widely. WA State budgets will likely be tighter in the future, and who knows what’s coming out of DC. No is a time for high efficiency. The recent Manette Roundabout project cost $8.3m for a project 4-5 blocks long or $1.7-2.1m per block. The costs were high because 100% of the street was ripped out and replaced. The Naval 90% Plan is every bit as ambitious as the roundabout and it stretches for 15 blocks. The plan envisions 37 right-of-way acquisitions (!!), it would tear out virtually every existing sidewalk and require move dozens of power poles and stormwater drains. There’s a more efficient way to move forward. Seattle has a program called ‘Even Better Bike Lanes’ that simply place inexpensive concrete barriers between soft humans and metal machines. This technique can be complete for tens (maybe hundreds) of thousands of dollars per block, not millions of dollars. ‘Even Better Bike Lane installation in Seattle.’ The City is committed to improvements on 6th and Naval. Great, let’s get them done efficiently. Then let’s complete projects in the outlying areas, in every council district. Spread the money widely and wisely. The City’s proposed plans for Naval and 6th Street don’t accomplish those goals. Let’s do better. Thanks, Travis Merrigan Bremerton From: Adam Doehrel <doehrelan@gmail.com> Sent: Wednesday, December 11, 2024 12:06 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Naval Ave Project Hi city council - I would like to voice opposition to current plans on Naval Ave. I read Travis Merrigan's letter and I think he eloquently states the case for why a pause should be taken so I won't repeat it all here. I would just underline I can't imagine leadership having higher priorities than the safety of residents and fiscal responsibility for taxpayers and the proposed plans seem to fall well short on both standards. Thanks for your consideration. -Adam Doehrel, district 3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance to amend Ordinance No. 5487 establishing the City of Bremerton’s Fiscal Year 2024 Budget as amended by Ordinance No. 5495 Study Session Date: December 11, 2024 COUNCIL MEETING Date: December 18, 2024 Department: Finance Presenter: Mike Riley & Missy Gaines Phone: (360) 473-5296 SUMMARY: This is a year-end housekeeping action. The Bremerton City Council adopted the 2024 Annual City Budget by Ordinance 5487 on November 15, 2023, and later amended the budget by Ordinance 5495 on August 7, 2024. In preparation for closing fiscal year 2024, it is necessary to do a final amendment to the budget to incorporate Council actions and other unforeseen items that have arisen after the last amendment. This amendment is necessary to provide adequate expenditure authority for various City funds and departments. ATTACHMENTS: • Ordinance No.____ amending the 2024 Fiscal Year Budget • Exhibit A – 2024 All Funds Revenue & Expenditures • Detailed supporting schedules by fund FISCAL IMPACTS (Include Budgeted Amount): Overall 2024 budget will be $259,150,788 (inclusive of fund balances). STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Ordinance No.____ of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5487 establishing the City of Bremerton’s Fiscal Year 2024 budget as amended by Ordinance No. 5495. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A6 1 2024 Final Budget Amendment ORDINANCE NO. _____ ____ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No. 5487 establishing the City of Bremerton’s Fiscal Year 2024 budget as amended by Ordinance No. 5495. WHEREAS, the City Council passed the Fiscal Year 2024 City Budget Ordinance No. 5487 on November 15, 2023; and WHEREAS, the City Council subsequently amended the Fiscal Year 2024 City Budget by Ordinance No. 5495 on August 7, 2024 to provide for certain programs and actions taken up to that point requiring amendment to the 2024 budget; and WHEREAS, the City Council has previously amended the budget by various motions and resolutions subsequent to August 7, 2024 which require a formal amendment by ordinance; and WHEREAS, several City Departments and Funds are experiencing or anticipate additional expenses due to factors such as costs related to provision of contracted services, changed allocations of staff time; and WHEREAS, several City Departments and Funds require adjustment to revenues to reflect activity in 2024 or timing changes from that which was anticipated in the 2024 budget; and WHEREAS, certain reclassifications of revenues and expenditures are required to properly reflect budget categories in a manner consistent with actuals in accordance with BMC 3.0.010; and WHEREAS, each of these actions has an impact on the City of Bremerton’s FY 2024 Annual Budget resulting in the need to amend this Budget document; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 5487 establishing the City of Bremerton’s 2024 Budget as amended by Ordinance No. 5495 is hereby amended as follows: 1) regular revenues and unencumbered fund balances of $259,150,788, the total for each fund as set forth in Exhibit A, attached hereto and incorporated herein by this reference, and 2) in accordance with BMC 3.02.010, expenditures and ending fund balances of $259,150,788 as set forth in Exhibit A SECTION 2. The totals for the funds noted in Exhibit A are hereby appropriated for the fiscal year 2024. 2 2024 Final Budget Amendment SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2024 ______________________________________ JENNIFER CHAMBERLIN, Council President Approved this ________ day of ________________________, 2024 ________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the________ day of ______________________, 2024 EFFECTIVE the_________day of ______________________, 2024 ORDINANCE NO. ______ Fund Beg Fund Bal Taxes Licenses and Permits Intergov Revenue Charges for Service Fines and Forfeits Other Revenue 2024 Total Budget General Fund General Government: City Council - - - - 176,032 - - 176,032 Executive - - - - 220,208 - - 220,208 Financial Services - - - - 893,686 - - 893,686 Legal Department - - - - 742,670 - - 742,670 Human Resources - - - - 353,819 - - 353,819 Community Development - 3,265,000 1,250,750 75,000 679,550 20,000 - 5,290,300 Municipal Court - - - 183,000 189,260 146,550 10,300 529,110 City Auditor - - - - 57,133 - - 57,133 Law Enforcement - - 3,910 888,151 357,500 1,000 20,000 1,270,561 Fire/Emergency Medical - 2,200,000 800 1,259,474 650,150 - - 4,110,424 Police & Fire Pension - - - 100,671 - - - 100,671 General Facilities - - - 165,000 194,442 - 677,500 1,036,942 General Parks - - - - 184,200 - 70,000 254,200 Engineering - - 100,000 - 3,111,501 - - 3,211,501 Non-Departmental - 31,751,715 32,000 2,034,270 257,838 700,000 884,000 35,659,823 Beginning Balance 16,104,631 - - - - - - 16,104,631 Total General Fund $ 16,104,631 $ 37,216,715 $ 1,387,460 $ 4,705,566 $ 8,067,989 $ 867,550 $ 1,661,800 $ 70,011,711 Special Revenue Funds: Street 234,780 780,000 - 820,000 98,000 - 1,522,000 3,454,780 Contingency Reserve 2,181,463 - - - - - 160,000 2,341,463 Lodging Tax 814,285 755,000 - - - - 15,000 1,584,285 Parking System 306,972 - - - - 410,500 1,613,358 2,330,830 Comm. Dev. Block Grant 164,469 - - 500,000 5,000 - 90,500 759,969 Abatement Revolving Fund 745,835 - - - - 50,000 15,000 810,835 Police Special Projects 804,383 - - - - - 20,000 824,383 Public Access Television 583,418 - 230,000 - 162,521 - 81,500 1,057,439 Gift & Donations Fund 221,468 - - - - - 5,000 226,468 Trial Improvement 92,010 - - 22,000 - - 3,000 117,010 One Percent for Arts 17,900 - - - - - 100 18,000 Conference Center Oper 376,105 - - - 1,225,588 - 460,000 2,061,693 Total Spec. Rev. Funds $ 6,543,088 $ 1,535,000 $ 230,000 $ 1,342,000 $ 1,491,109 $ 460,500 $ 3,985,458 $ 15,587,155 Debt Service Fund: 2010 UTGO 93,918 900,000 - - - - 3,000 996,918 Government Center LTGO 88,709 - - - - - 332,000 420,709 2015 Public Safety Bond 252,324 550,000 - - - - 7,000 809,324 2019 Refunding LTGO 66,953 330,000 - 3,500 - - 147,000 547,453 Total Debt Service Fund $ 501,904 $ 1,780,000 $ - $ 3,500 $ - $ - $ 489,000 $ 2,774,404 Capital Improvement Funds: General Govt Capital Improv. 7,181,533 1,500,000 - - - - 250,000 8,931,533 Park Facilities Construction 196,511 - - 333,840 - - 1,838,898 2,369,249 Residential Street & Sidewalk Fund - - - - - - - - Transportation Projects Fund 2,264,926 1,850,900 175,000 16,573,624 - - 3,196,573 24,061,023 Fire Public Safety Capital 35,857 - - - - - - 35,857 Affordable Housing Capital Fund 165,652 - - 1,100,000 - - 303,000 1,568,652 Total Capital Improv. Funds $ 9,844,478 $ 3,350,900 $ 175,000 $ 18,007,464 $ - $ - $ 5,588,471 $ 36,966,313 Total General Gov't Funds $ 32,994,101 $ 43,882,615 $ 1,792,460 $ 24,058,530 $ 9,559,098 $ 1,328,050 $ 11,724,729 $ 125,339,582 Enterprise Funds: Water Utility 9,489,416 - - - 16,069,040 13,000 606,000 26,177,456 Water Capital 11,678,594 - - - - - 5,222,561 16,901,155 Wastewater Utility 7,960,327 - - - 18,650,500 15,000 72,000 26,697,827 Wastewater Capital 8,341,943 - - 127,933 - - 8,643,856 17,113,732 Stormwater Utility 1,668,408 - - 40,000 6,248,500 6,000 81,000 8,043,908 Stormwater Capital 5,106,102 - - 1,617,005 - - 1,310,000 8,033,107 Utility Debt Reserve 1,795,082 - - - - - - 1,795,082 Gold Mountain Golf Complex 2,340,666 - - - 6,351,792 - 66,000 8,758,458 Total Enterprise Funds $ 48,380,538 $ - $ - $ 1,784,938 $ 47,319,832 $ 34,000 $ 16,001,417 $ 113,520,725 Internal Service Funds: Risk Management 553,071 - - - - - 3,864,844 4,417,915 Self Ins Health 36,652 - - - - - - 36,652 Employment Security 308,944 - - - - - 41,000 349,944 Accumulated Leave Liability 993,711 - - - - - 382,000 1,375,711 ER&R Operations & Maint 38,734 - - - 2,697,107 - 1,950 2,737,791 ER&R Equipment Reserves 6,048,178 - - - - - 2,252,272 8,300,450 Information Services 880,897 - - - 2,155,821 - 35,300 3,072,018 Total Internal Service Funds $ 8,860,187 $ - $ - $ - $ 4,852,928 $ - $ 6,577,366 $ 20,290,480 Total Business Type Funds $ 57,240,725 $ - $ - $ 1,784,938 $ 52,172,760 $ 34,000 $ 22,578,783 $ 133,811,206 Total All Funds $ 90,234,826 $ 43,882,615 $ 1,792,460 $ 25,843,468 $ 61,731,858 $ 1,362,050 $ 34,303,512 $ 259,150,788 2024 Revenue Summary - End of Year Adjustments - 12.18.2024 Fund Personnel Supplies & Services Debt Service Capital Outlay Transfers Ending Fund Balance 2024 Total Budget General Fund General Government: City Council 396,492 44,967 - - - - 441,459 Executive 474,226 108,896 - - - - 583,122 Financial Services 1,385,371 351,475 - - - - 1,736,846 Legal Department 1,671,654 298,572 - - - - 1,970,226 Human Resources 562,124 325,197 - - - - 887,321 Community Development 2,231,243 966,673 - - 80,000 - 3,277,916 Municipal Court 1,270,505 929,150 - - - - 2,199,655 City Auditor 136,649 6,630 - - - - 143,279 Law Enforcement 12,350,974 2,773,196 - - - - 15,124,170 Fire/Emergency Medical 12,830,007 1,981,883 - - - - 14,811,890 Police & Fire Pension 1,205,400 477,700 - - - - 1,683,100 General Facilities 558,757 1,586,322 - 794,620 - - 2,939,699 General Parks 2,575,881 896,741 - - - - 3,472,622 Engineering 3,821,039 453,855 - - - - 4,274,894 Non-Departmental 744,500 6,088,911 - - 1,533,000 - 8,366,411 Ending Fund Balance - - - - - 8,099,099 8,099,099 Total General Fund $42,214,822 $17,290,169 $0 $794,620 $1,613,000 $8,099,099 $70,011,711 Special Revenue Funds: Street 1,571,042 1,873,169 - - - 10,569 3,454,780 Contingency Reserve - - - - - 2,341,463 2,341,463 Lodging Tax - 505,000 - - 250,000 829,285 1,584,285 Parking System - 1,464,491 577,033 20,000 117,000 152,307 2,330,830 Comm. Dev. Block Grant 144,717 275,181 - - 273,000 67,072 759,969 Abatement Revolving Fund - 655,100 - - - 155,735 810,835 Police Special Projects - 256,596 - - - 567,787 824,383 Public Access Television 471,382 144,926 - 127,000 - 314,131 1,057,439 Gift & Donations Fund - 5,900 - - - 220,568 226,468 Trial Improvement - 37,000 - - - 80,010 117,010 One Percent for Arts - 8,000 - - - 10,000 18,000 Conference Center Oper - 1,825,988 272 - 27,778 207,654 2,061,693 Total Spec. Rev. Funds $2,187,141 $7,051,350 $577,305 $147,000 $667,778 $4,956,581 $15,587,155 Debt Service Fund: 2010 UTGO - - 855,625 - - 141,293 996,918 Government Center LTGO - - 330,863 - - 89,846 420,709 2015 Public Safety Bond - - 502,800 - - 306,524 809,324 2019 Refunding LTGO - - 533,938 - - 13,515 547,453 Total Debt Service Fund $0 $0 $2,223,226 $0 $0 $551,178 $2,774,404 Capital Improvement Funds: General Govt Capital Improv. - - - - 5,693,771 3,237,762 8,931,533 Park Facilities Construction - - - 2,088,721 - 280,528 2,369,249 Residential Street & Sidewalk Fund - - - - - - - Transportation Projects Fund 275,000 1,940,621 - 20,638,424 495,000 711,978 24,061,023 Fire Public Safety Capital - 15,768 - - - 20,089 35,857 Affordable Housing Capital Fund - 1,400,000 - - - 168,652 1,568,652 Total Capital Improv. Funds $275,000 $3,356,389 $0 $22,727,145 $6,188,771 $4,419,008 $36,966,313 Total General Gov't Funds $44,676,963 $27,697,908 $2,800,530 $23,668,765 $8,469,549 $18,025,867 $125,339,582 Enterprise Funds: Water Utility 5,180,452 8,915,522 727,228 - 2,600,000 8,754,254 26,177,456 Water Capital - 2,048,000 - 7,863,691 - 6,989,464 16,901,155 Wastewater Utility 4,070,865 10,537,046 1,758,025 - 3,175,000 7,156,891 26,697,827 Wastewater Capital - 1,250,000 - 12,265,510 105,000 3,493,222 17,113,732 Stormwater Utility 1,931,207 3,512,253 768,513 - 475,000 1,356,935 8,043,908 Stormwater Capital - 345,000 - 7,230,802 100,000 357,305 8,033,107 Utility Debt Reserve - - - - - 1,795,082 1,795,082 Gold Mountain Golf Complex 11,516 5,570,921 432,915 - - 2,743,106 8,758,458 Total Enterprise Funds $11,194,040 $32,178,742 $3,686,681 $27,360,003 $6,455,000 $32,646,259 $113,520,725 Internal Service Funds: Risk Management 625,000 3,514,638 - - - 278,277 4,417,915 Self Ins Health - - - - - 36,652 36,652 Employment Security 40,000 - - - - 309,944 349,944 Accumulated Leave Liability 560,000 - - - - 815,711 1,375,711 ER&R Operations & Maint 686,097 1,947,550 - 35,000 - 69,144 2,737,791 ER&R Equipment Reserves - 71,496 - 6,721,370 - 1,507,584 8,300,450 Information Services 1,261,612 1,411,400 - - - 399,006 3,072,018 Total Internal Service Funds $3,172,709 $6,945,084 $0 $6,756,370 $0 $3,416,317 $20,290,480 Total Business Type Funds $14,366,749 $39,123,826 $3,686,681 $34,116,373 $6,455,000 $36,062,576 $133,811,206 Total All Funds $59,043,712 $66,821,735 $6,487,211 $57,785,138 $14,924,549 $54,088,443 $259,150,788 2024 Expenditure Summary - End of Year Adjustments - 12.18.2024 CITY OF BREMERTON 2024 SUMMARY NET ADJUSTMENTS ALL FUNDS For the Year Ended December 31, 2024 Proposed 2024 Amended Budget Year-End as Adopted by 2024 Fund No.Ord No. 5495 Net Adjustments Budget 001 General Fund City Council 441,459$ 0$ 441,459$ Executive 552,246 30,876 583,122 Financial Services 1,736,846 (0) 1,736,846 Legal 1,970,226 0 1,970,226 Human Resources 887,321 (0) 887,321 Community Development 3,277,916 (0) 3,277,916 Municipal Court 2,054,555 145,100 2,199,655 City Auditor 143,279 0 143,279 Law Enforcement 14,866,475 257,695 15,124,170 Fire/Emergency Services 14,462,086 349,804 14,811,890 Police/Fire Pension 1,683,100 - 1,683,100 General Facilities 2,774,699 165,000 2,939,699 Parks & Recreation 3,467,622 5,000 3,472,622 Engineering 4,274,894 0 4,274,894 Non-Department 7,819,411 547,000 8,366,411 Ending Fund Balance 9,419,901 (1,320,802) 8,099,099 Total General Fund 69,832,036$ 179,675$ 70,011,711$ 102 Street 3,607,953 (153,173) 3,454,780 103 Contingency Reserve 2,111,802 229,661 2,341,463 104 Lodging Tax 1,593,487 (9,202) 1,584,285 105 Parking System 2,405,750 (74,920) 2,330,830 106 Community Dev. Block Grant 807,500 (47,530) 759,970 108 Abatement Revolving 509,783 301,052 810,835 110 Police Special Projects 783,562 40,821 824,383 113 Public Access Television 972,012 85,427 1,057,439 114 Gift & Donation Fund 100,160 126,308 226,468 116 Trial Improvement 128,362 (11,352) 117,010 117 One Percent For Arts 8,493 9,507 18,000 120 Conference Center Operating 1,903,855 157,837 2,061,692 203 2010 LTGO - - - 204 2010 UTGO/LTGO (B)997,865 (947) 996,918 205 Government Center LTGO 419,393 1,316 420,709 206 2015 Public Safety Bond 797,853 11,471 809,324 207 2019 Refunding LTGO 548,217 (764) 547,453 308 General Gov't Capital Improvement 7,979,098 952,435 8,931,533 310 Park Facilities Construction 704,065 1,665,184 2,369,249 314 Residential Street Capital - - - 315 Transportation Capital Projects 23,070,330 990,693 24,061,023 316 Fire Public Safety 6,385 29,472 35,857 318 Affordable Housing 1,482,791 85,861 1,568,652 401 Water Utility 18,967,020 7,210,436 26,177,456 404 Water Capital 15,962,861 938,294 16,901,155 407 Golf Mountain Golf 8,993,864 (235,406) 8,758,458 451 Wastewater Utility 21,196,905 5,500,922 26,697,827 454 Wastewater Capital 20,881,197 (3,767,465) 17,113,732 481 Stormwater Utility 7,180,803 863,105 8,043,908 484 Stormwater Capital 8,312,959 (279,852) 8,033,107 499 Utility Debt Reserve 1,712,238 82,844 1,795,082 503 Risk Management 4,447,759 (29,844) 4,417,915 504 Self Insurance Health and Welfare Reserve 36,652 - 36,652 506 Employment Security 358,717 (8,773) 349,944 507 Accumulated Leave Liability 1,567,949 (192,238) 1,375,711 509 ER&R - Operations & Maintenance 2,251,262 486,529 2,737,791 510 ER&R - Reserves 3,320,606 4,979,844 8,300,450 511 Information Services 2,702,794 369,224 3,072,018 Total All funds 238,627,686$ 20,523,102$ 259,150,788$ CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $11,472,000 $11,472,000 $- Retail Sales 11,560,000 11,500,000 (60,000) Other 14,184,715 14,244,715 60,000 Licenses and Permits 1,387,460 1,387,460 - Intergovernmental 3,881,646 4,705,566 823,920 Charges for Services 8,067,989 8,067,989 - Fines and Forfeitures 867,550 867,550 - Miscellaneous 993,800 993,800 - Transfers In & Other Financing 621,000 668,000 47,000 Total Revenues 53,036,160 53,907,080 870,920 EXPENDITURES Personnel Expenses 42,214,822 42,214,822 - Supplies, Services, and Taxes 15,954,694 17,290,169 1,335,475 Capital Expenditures 629,620 794,620 165,000 Debt Service - - - Transfers Out 1,613,000 1,613,000 - Total Expenditures 60,412,136 61,912,611 1,500,475 CHANGES IN FUND BALANCE Net change in fund balances (7,375,976) (8,005,531) (629,555) Fund Balances-beginning 16,795,876 16,104,631 (691,245) Fund Balances-ending $9,419,901 $8,099,099 $(1,320,801) GENERAL FUND EXPENDITURES BY DEPARTMENT City Council $441,459 $441,459 $0 Executive 552,246 583,122 30,876 Financial Services 1,736,846 1,736,846 (0) Legal Department 1,970,226 1,970,226 0 Human Resources 887,321 887,321 (0) Community Development 3,277,916 3,277,916 (0) Municipal Court 2,054,555 2,199,655 145,100 City Auditor 143,279 143,279 0 Police Department 14,866,475 15,124,170 257,695 Fire Department 14,462,086 14,811,890 349,804 Police & Fire Pension 1,683,100 1,683,100 - General Facilities 2,774,699 2,939,699 165,000 Parks & Recreation 3,467,622 3,472,622 5,000 Engineering 4,274,894 4,274,894 0 Non-Departmental 7,819,411 8,366,411 547,000 Total Expenditures $60,412,136 $61,912,611 $1,500,476 FUND 001 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND For the Year Ended December 31, 2024 Budget Adjustments: Revenue - Expected ARPA for Emergency Services Personnel 200,000 Revenue - FEMA Firefighters Assistance Grant for CPR Units 53,192 Expenditure - CPR Units (60,696) Revenue - GEMT True Up 400,000 Revenue - DNR Grant to Purchase PPE 5,728 Expenditure - Purchase of PPE Equipment (5,728) Revenue - Admiral Theater Grant 165,000 Expenditure - Admiral Theater Capital (165,000) Revenue - Transfer in for Common Street Contract 47,000 Expenditure - Common Street Contract (47,000) Expenditure - Seattle Finest Contract (45,100) Expenditure - Public Defense Contract (100,000) Expenditure - West Sound Workforce DEI Contract (30,876) Expenditure - Equipment Interfund Vehicles (546,076) Expenditure - Kitsap County Jail Contract (500,000) Net adjustment to ending fund balance required $(629,555) Items Previously Approved by Council or Finance Committee New Items Not Previously Approved by Council Per the City's Financial Goals and Policies, the target ending fund balance is 8.5% of annual expenditures excluding capital.The target fund balance for the 2024 budget, as amended, is $5,195,029. The actual ending fund balance after the proposed amendments is $8,099,099, which is higher than the target amount by $2,904,070. The 2024 budget as proposed, includes an ending fund balance which subceeds the target, and is decreased from the previously adopted budget by $1,320,801. The financial planning goal is to maintain an ending fund balance recommended by the Government Finance Officers Association (GFOA) of 16.67%, or $10,188,369. The proposed budget with amendments would require an additional $2,089,269 in budgetary revenues or reductions in expenditures. FUND 001 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STREET FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other 780,000 780,000 - Licenses and Permits - - - Intergovernmental (fuel tax)820,000 820,000 - Charges for Services 98,000 98,000 - Fines and Forfeitures - - - Miscellaneous 7,000 7,000 - Transfers in & Other Revenue 1,515,000 1,515,000 - Total Revenues 3,220,000 3,220,000 - EXPENDITURES Personnel Expenses 1,571,042 1,571,042 - Supplies, Services, and Taxes 1,842,132 1,873,169 31,037 Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 3,413,174 3,444,211 31,037 CHANGES IN FUND BALANCE Net change in fund balances (193,174) (224,211) (31,037) Fund Balances-beginning 387,953 234,780 (153,173) Fund Balances-ending $194,779 $10,569 $(184,210) Budget Adjustments: Expenditure - Insurance Adjustment (31,037) Net adjustment to ending fund balance required $(31,037) New Items Not Previously Approved by Council Items Previously Approved by Council FUND 102 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE CONTINGENCY RESERVE FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 60,000 60,000 - Transfers-in & Other Revenue 100,000 100,000 - Total Revenues 160,000 160,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures - - - CHANGES IN FUND BALANCE Net change in fund balances 160,000 160,000 - Fund Balances-beginning 1,951,802 2,181,463 229,661 Fund Balances-ending $2,111,802 $2,341,463 $229,661 Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 103 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE LODGING TAX FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other (hotel/motel tax)755,000 755,000 - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 15,000 15,000 - Transfers in - - - Total Revenues 770,000 770,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 505,000 505,000 - Capital Expenditures - - - Debt Service - - - Transfers Out 250,000 250,000 - Total Expenditures 755,000 755,000 - CHANGES IN FUND BALANCE Net change in fund balances 15,000 15,000 - Fund Balances-beginning 823,487 814,285 (9,202) Fund Balances-ending $838,487 $829,285 $(9,202) Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 104 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PARKING SYSTEM FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures 410,500 410,500 - Miscellaneous 1,611,358 1,611,358 - Transfers in & Other Revenue 2,000 2,000 - Total Revenues 2,023,858 2,023,858 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 1,362,491 1,464,491 102,000 Capital Expenditures 20,000 20,000 - Debt Service 577,033 577,033 - Transfers Out 70,000 117,000 47,000 Total Expenditures 2,029,524 2,178,524 149,000 CHANGES IN FUND BALANCE Net change in fund balances (5,666) (154,666) (149,000) Fund Balances-beginning 381,892 306,972 (74,920) Fund Balances-ending $376,226 $152,306 $(223,920) Budget Adjustments: Expenditure - Common Street Contract Amendment - Transfer to GF (47,000) Expenditure - Parking Garage Window Infill - Quincy Square (102,000) $(149,000) Net adjustment to ending fund balance required New Items Not Previously Approved by Council New Items Previously Approved by Council FUND 105 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE COMMUNITY DEVELOPMENT BLOCK GRANT For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 500,000 500,000 - Charges for Services 5,000 5,000 - Fines and Forfeitures - - - Miscellaneous 10,500 10,500 - Transfers in 80,000 80,000 - Total Revenues 595,500 595,500 - EXPENDITURES Personnel Expenses 144,717 144,717 - Supplies, Services, and Taxes 119,181 275,181 156,000 Capital Expenditures - - - Debt Service - - - Transfers Out 273,000 273,000 - Total Expenditures 536,898 692,898 156,000 CHANGES IN FUND BALANCE Net change in fund balances 58,602 (97,398) (156,000) Fund Balances-beginning 212,000 164,469 (47,531) Fund Balances-ending $270,602 $67,072 $(203,531) Budget Adjustments: Expenditure - CDBG Best Program (20,000) Expenditure - YWCA Admin Office Renovation (136,000) Net adjustment required to the ending fund balance $(156,000) Items Previously Approved by Council Items Not Previously Approved by Council FUND 106 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ABATEMENT REVOLVING FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures 50,000 50,000 - Miscellaneous 15,000 15,000 - Transfers in - - - Total Revenues 65,000 65,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 355,100 655,100 300,000 Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 355,100 655,100 300,000 CHANGES IN FUND BALANCE Net change in fund balances (290,100) (590,100) (300,000) Fund Balances-beginning 444,783 745,835 301,052 Fund Balances-ending $154,683 $155,735 $1,052 Budget Adjustments: Expenditure - Abatement 300,000 Net adjustment to ending fund balance required $300,000 Items Previously Approved by Council New Items Not Previously Approved by Council FUND 108 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE POLICE SPECIAL PROJECTS FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 20,000 20,000 - Transfers in - - - Total Revenues 20,000 20,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 256,596 256,596 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 256,596 256,596 - CHANGES IN FUND BALANCE Net change in fund balances (236,596) (236,596) - Fund Balances-beginning 763,562 804,383 40,821 Fund Balances-ending $526,966 $567,787 $40,821 Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 110 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PUBLIC ACCESS TELEVISION OPERATIONS FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other (city PEG fees)- - - Licenses and Permits 230,000 230,000 - Intergovernmental - - - Charges for Services 162,521 162,521 - Fines and Forfeitures - - - Miscellaneous 81,500 81,500 - Transfers in & Other - - - Total Revenues 474,021 474,021 - EXPENDITURES Personnel Expenses 471,382 471,382 - Supplies, Services, and Taxes 144,926 144,926 - Capital Expenditures 127,000 127,000 - Debt Service - - - Transfers Out - - - Total Expenditures 743,308 743,308 - CHANGES IN FUND BALANCE Net change in fund balances (269,287) (269,287) - Fund Balances-beginning 497,991 583,418 85,427 Fund Balances-ending $228,704 $314,131 $85,427 Budget Adjustments: . Net adjustment to ending fund balance required $- Items Previously Approved by Council Items Not Previously Approved by Council FUND 113 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GIFT AND DONATION FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 5,000 5,000 - Transfers in - - - Total Revenues 5,000 5,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 2,500 5,900 3,400 Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 2,500 5,900 3,400 CHANGES IN FUND BALANCE Net change in fund balances 2,500 (900) (3,400) Fund Balances-beginning 95,160 221,468 126,308 Fund Balances-ending $97,660 $220,568 $122,908 Budget Adjustments: Expenditure - Technical Correction (3,400) Net adjustment to ending fund balance required $(3,400) Items Previously Approved by Council New Items Not Previously Approved by Council FUND 114 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE TRIAL IMPROVEMENT FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 22,000 22,000 - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 3,000 3,000 - Transfers in - - - Total Revenues 25,000 25,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 37,000 37,000 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 37,000 37,000 - CHANGES IN FUND BALANCE Net change in working capital (12,000) (12,000) - Fund Balances-beginning 103,362 92,010 (11,352) Fund Balances-ending $91,362 $80,010 $(11,352) Budget Adjustments: Net adjustment to ending fund balance required $- Items Not Previously Approved by Council Items Previously Approved by Council FUND 116 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ONE PERCENT FOR ARTS FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 100 100 - Transfers in - - - Total Revenues 100 100 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 8,000 8,000 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 8,000 8,000 - CHANGES IN FUND BALANCE Net change in working capital (7,900) (7,900) - Fund Balances-beginning 8,393 17,900 9,507 Fund Balances-ending $493 $10,000 $9,507 Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 117 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER OPERATIONS For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 1,225,588 1,225,588 - Fines and Forfeitures - - - Miscellaneous 10,000 10,000 - Transfers In & Other Revenue 450,000 450,000 - Total Revenues 1,685,588 1,685,588 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 1,745,988 1,825,988 80,000 Capital Expenditures 80,000 - (80,000) Debt Service 28,050 272 (27,778) Transfers Out - 27,778 27,778 Total Expenditures 1,854,038 1,854,038 - CHANGES IN FUND BALANCE Net change in fund balances (168,450) (168,450) - Fund Balances-beginning 218,267 376,105 157,838 Fund Balances-ending $49,817 $207,654 $157,838 Budget Adjustments: Technical Corrections - Net Zero -$ Net adjustment required to the ending fund balance $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 120 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE 2010 UTGO/LTGO (B) For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $900,000 $900,000 $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 3,000 3,000 - Transfers in - - - Total Revenues 903,000 903,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service 855,625 855,625 - Transfers Out - - - Total Expenditures 855,625 855,625 - CHANGES IN FUND BALANCE Net change in fund balances 47,375 47,375 - Fund Balances-beginning 94,865 93,918 (947) Fund Balances-ending $142,240 $141,293 $(947) Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 204 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GOVERNMENT CENTER LTGO For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 1,000 1,000 - Transfers in & Other Revenue 331,000 331,000 - Total Revenues 332,000 332,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service 330,863 330,863 - Transfers Out - - - Total Expenditures 330,863 330,863 - CHANGES IN FUND BALANCE Net change in fund balances 1,137 1,137 - Fund Balances-beginning 87,393 88,709 1,316 Fund Balances-ending $88,530 $89,846 $1,316 Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 205 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE 2015 PUBLIC SAFETY BOND FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $550,000 $550,000 $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 7,000 7,000 - Transfers in & Other Revenue - - - Total Revenues 557,000 557,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service 502,800 502,800 - Transfers Out - - - Total Expenditures 502,800 502,800 - CHANGES IN FUND BALANCE Net change in fund balances 54,200 54,200 - Fund Balances-beginning 240,853 252,324 11,471 Fund Balances-ending $295,053 $306,524 $11,471 Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 206 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE 2019 REFUNDING LTGO For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales 330,000 330,000 - Other - - - Licenses and Permits - - - Intergovernmental 3,500 3,500 - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 2,000 2,000 - Transfers in & Other Revenue 145,000 145,000 - Total Revenues 480,500 480,500 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service 533,834 533,938 104 Transfers Out - - - Total Expenditures 533,834 533,938 104 CHANGES IN FUND BALANCE Net change in fund balances (53,334) (53,438) (104) Fund Balances-beginning 67,717 66,953 (764) Fund Balances-ending $14,383 $13,515 $(868) Budget Adjustments: Expenditure - Technical Correction (104) Net adjustment to ending fund balance required $(104) New Items Previously Approved by Council New Items Not Previously Approved by Council FUND 207 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other (Real Estate Excise Taxes)1,500,000 1,500,000 - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 250,000 250,000 - Transfers in & Other Revenue - - - Total Revenues 1,750,000 1,750,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out 4,444,573 5,693,771 1,249,198 Total Expenditures 4,444,573 5,693,771 1,249,198 CHANGES IN FUND BALANCE Net change in fund balances (2,694,573) (3,943,771) (1,249,198) Fund Balances-beginning 6,229,098 7,181,533 952,435 Fund Balances-ending $3,534,525 $3,237,762 $(296,763) Budget Adjustments: Transfer - REET Transfers for Haddon Park and Kitsap Lake (1,249,198) Net adjustment required to the ending fund balance $(1,249,198) Items Previously Approved by Council Items Previously Approved by Council FUND 308 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PARK FACILITIES CONSTRUCTION FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - 333,840 333,840 Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 5,000 5,000 - Transfers in & Other Revenue 332,000 1,833,898 1,501,898 Total Revenues 337,000 2,172,738 1,835,738 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - 2,088,721 2,088,721 Debt Service - - - Transfers Out - - - Total Expenditures - 2,088,721 2,088,721 CHANGES IN FUND BALANCE Net change in fund balances 337,000 84,017 (252,983) Fund Balances-beginning 367,065 196,511 (170,554) Fund Balances-ending $704,065 $280,528 $(423,537) Budget Adjustments: Transfer - REET for Haddon Park and Kitsap Lake 1,249,198 Transfer - Stormwater for Kitsap Lake project 100,000 Expenditure - Increase Capital for Kitsap Lake, Haddon Park, and Boat Ramp (2,088,721) Revenue - True up for revenues received year to date 486,540 Net adjustment required to the ending fund balance $(252,983) Items Previously Approved by Council Items Not Previously Approved by Council FUND 310 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE TRANSPORTATION CAPITAL PROJECTS For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other 1,850,900 1,850,900 - Licenses and Permits 175,000 175,000 - Intergovernmental 16,296,828 16,573,624 276,796 Charges for Services - - - Fines and Forfeitures - - - Miscellaneous - - - Transfers in 3,196,573 3,196,573 - Total Revenues 21,519,301 21,796,097 276,796 EXPENDITURES Personnel Expenses - 275,000 275,000 Supplies, Services, and Taxes 1,370,000 1,940,621 570,621 Capital Expenditures 21,097,249 20,638,424 (458,825) Debt Service - - - Transfers Out 495,000 495,000 - Total Expenditures 22,962,249 23,349,045 386,796 CHANGES IN FUND BALANCE Net change in fund balances (1,442,948) (1,552,948) (110,000) Fund Balances-beginning 1,551,029 2,264,926 713,897 Fund Balances-ending $108,081 $711,978 $603,897 Budget Adjustments: Revenue - adjustments for project timelines 276,796 Expenditure - adjustments for project timelines (386,796) Net adjustment required to the ending fund balance $(110,000) Items Previously Approved by Council Items Not Previously Approved by Council FUND 315 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE FIRE PUBLIC SAFETY CAPITAL For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous - - - Transfers in & Other Revenue - - - Total Revenues - - - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 15,768 15,768 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 15,768 15,768 - CHANGES IN FUND BALANCE Net change in fund balances (15,768) (15,768) - Fund Balances-beginning 6,385 35,857 29,472 Fund Balances-ending $6,385 $20,089 $29,472 Budget Adjustments: Net adjustment to ending fund balance required $- New Items Not Previously Approved by Council Items Previously Approved by Council FUND 316 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE AFFORDABLE HOUSING CAPITAL FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 1,100,000 1,100,000 - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 3,000 3,000 - Transfers in 300,000 300,000 - Total Revenues 1,403,000 1,403,000 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 1,400,000 1,400,000 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 1,400,000 1,400,000 - CHANGES IN FUND BALANCE Net change in working capital 3,000 3,000 - Fund Balances-beginning working capital 79,791 165,652 85,861 Fund Balances-ending working capital $82,791 $168,652 $85,861 Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 318 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WATER UTILITY For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 16,069,040 16,069,040 - Fines and Forfeitures 13,000 13,000 - Miscellaneous 606,000 606,000 - Transfers in & Other Revenue - - - Total Revenues 16,688,040 16,688,040 - EXPENDITURES Personnel Expenses 5,180,452 5,180,452 - Supplies, Services, and Taxes 8,791,165 8,915,522 124,357 Capital Expenditures - - - Debt Service 727,228 727,228 - Transfers Out 2,600,000 2,600,000 - Total Expenditures 17,298,845 17,423,202 124,357 CHANGES IN WORKING CAPITAL BALANCE Net change in working capital (610,805) (735,162) (124,357) Fund Balances-beginning working capital 2,278,981 9,489,416 7,210,435 Fund Balances-ending working capital $1,668,175 $8,754,254 $7,086,078 Budget Adjustments: Expenditure - Insurance Adjustment (124,357) Net adjustment to ending fund balance required $(124,357) Items Previously Approved by Council New Items Not Previously Approved by Council FUND 401 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WATER CAPITAL For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 75,600 75,600 - Transfers in & Other Revenue 5,146,961 5,146,961 - Total Revenues 5,222,561 5,222,561 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 2,048,000 2,048,000 - Capital Expenditures 7,679,186 7,863,691 184,505 Debt Service - - - Transfers Out - - - Total Expenditures 9,727,186 9,911,691 184,505 CHANGES IN WORKING CAPITAL BALANCE Net change in working capital (4,504,625) (4,689,130) (184,505) Fund Balances-beginning working capital 10,740,300 11,678,594 938,294 Fund Balances-ending working capital $6,235,675 $6,989,464 $753,789 Budget Adjustments: Expenditure - adjustments for project timelines (184,505) Net adjustment required to the ending fund balance $(184,505) Items Previously Approved by Council New Items Not Previously Approved by Council FUND 404 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER UTILITY For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 18,650,500 18,650,500 - Fines and Forfeitures 15,000 15,000 - Miscellaneous 27,000 27,000 - Transfers in & Other Revenue 45,000 45,000 - Total Revenues 18,737,500 18,737,500 - EXPENDITURES Personnel Expenses 4,070,865 4,070,865 - Supplies, Services, and Taxes 10,434,153 10,537,046 102,893 Capital Expenditures - - - Debt Service 1,758,025 1,758,025 - Transfers Out 3,175,000 3,175,000 - Total Expenditures 19,438,043 19,540,936 102,893 CHANGES IN FUND BALANCE Net change in working capital (700,543) (803,436) (102,893) Fund Balances-beginning working capital 2,459,405 7,960,327 5,500,922 Fund Balances-ending working capital $1,758,862 $7,156,891 $5,398,029 Budget Adjustments: Expenditure - Insurance Adjustment (102,893) Net adjustment to ending fund balance required $(102,893) New Items Not Previously Approved by Council Items Previously Approved by Council FUND 451 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER CAPITAL For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 127,933 127,933 - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 15,600 15,600 - Transfers in & Other Revenue 8,628,256 8,628,256 - Total Revenues 8,771,789 8,771,789 - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 1,250,000 1,250,000 - Capital Expenditures 10,892,672 12,265,510 1,372,838 Debt Service - - - Transfers Out 105,000 105,000 - Total Expenditures 12,247,672 13,620,510 1,372,838 CHANGES IN FUND BALANCE Net change in working capital (3,475,883) (4,848,721) (1,372,838) Fund Balances-beginning working capital 12,109,408 8,341,943 (3,767,465) Fund Balances-ending working capital $8,633,525 $3,493,222 $(5,140,303) Budget Adjustments: Expenditure - Bremerton Force Main (800,000) Expenditure - adjustments for project timelines (572,838) Net adjustment to ending fund balance required $(1,372,838) New Items Not Previously Approved by Council Items Previously Approved by Council FUND 454 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STORMWATER UTILITY For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 40,000 40,000 - Charges for Services 6,248,500 6,248,500 - Fines and Forfeitures 6,000 6,000 - Miscellaneous 6,000 6,000 - Transfers in & Other Revenue 75,000 75,000 - Total Revenues 6,375,500 6,375,500 - EXPENDITURES Personnel Expenses 1,931,207 1,931,207 - Supplies, Services, and Taxes 3,394,642 3,512,253 117,611 Capital Expenditures - - - Debt Service 730,513 768,513 38,000 Transfers Out 475,000 475,000 - Total Expenditures 6,531,362 6,686,973 155,611 CHANGES IN FUND BALANCE Net change in working capital (155,862) (311,473) (155,611) Fund Balances-beginning working capital 805,303 1,668,408 863,105 Fund Balances-ending working capital $649,441 $1,356,935 $707,494 Budget Adjustments: Expenditure - Equipment Interfund (66,934) Expenditure - Insurance Adjustment (50,677) Expenditure - Intergovernmental Loans Technical Correction (38,000) Net adjustment to ending fund balance required $(155,611) New Items Not Previously Approved by Council Items Previously Approved by Council FUND 481 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STORMWATER CAPITAL For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental 828,770 1,617,005 788,235 Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 225,000 225,000 - Transfers in & Other Revenue 1,085,000 1,085,000 - Total Revenues 2,138,770 2,927,005 788,235 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 345,000 345,000 - Capital Expenditures 6,102,000 7,230,802 1,128,802 Debt Service - - - Transfers Out - 100,000 100,000 Total Expenditures 6,447,000 7,675,802 1,228,802 CHANGES IN FUND BALANCE Net change in working capital (4,308,230) (4,748,797) (440,567) Fund Balances-beginning working capital 6,174,189 5,106,102 (1,068,087) Fund Balances-ending working capital $1,865,959 $357,305 $(1,508,654) Budget Adjustments: Revenue - adjustments for project timelines 788,235 Transfer - Parks Capital Improvement Kitsap Lake (100,000) Expenditure - adjustments for project timelines (1,128,802) Net adjustment to ending fund balance required $(440,567) Items Previously Approved by Council New Items Not Previously Approved by Council FUND 484 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE UTILITY DEBT RESERVE For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous - - - Transfers in and other - - - Total Revenues - - - EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures - - - CHANGES IN FUND BALANCE Net change in working capital - - - Fund Balances-beginning working capital 1,712,238 1,795,082 82,844 Fund Balances-ending working capital $1,712,238 $1,795,082 $82,844 Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 499 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GOLD MOUNTAIN GOLF COMPLEX For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 6,351,792 6,351,792 - Fines and Forfeitures - - - Miscellaneous 66,000 66,000 - Transfers in - - - Total Revenues 6,417,792 6,417,792 - EXPENDITURES Personnel Expenses 11,516 11,516 - Supplies, Services, and Taxes 5,570,921 5,570,921 - Capital Expenditures - - - Debt Service 432,915 432,915 - Transfers Out - - - Total Expenditures 6,015,352 6,015,352 - CHANGES IN FUND BALANCE Net change in working capital 402,440 402,440 - Fund Balances-beginning working capital 2,576,072 2,340,666 (235,406) Fund Balances-ending working capital $2,978,512 $2,743,106 $(235,406) Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 407 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE RISK MANAGEMENT INTERNAL SERVICE FUND For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 3,864,844 3,864,844 - Transfers in - - - Total Revenues 3,864,844 3,864,844 - EXPENDITURES Personnel Expenses 625,000 625,000 - Supplies, Services, and Taxes 3,514,638 3,514,638 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 4,139,638 4,139,638 - CHANGES IN FUND BALANCE Net change in working capital (274,794) (274,794) - Fund Balances-beginning working capital 582,915 553,071 (29,844) Fund Balances-ending working capital $308,121 $278,277 $(29,844) Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 503 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EMPLOYMENT SECURITY For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 41,000 41,000 - Transfers in - - - Total Revenues 41,000 41,000 - EXPENDITURES Personnel Expenses 40,000 40,000 - Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 40,000 40,000 - CHANGES IN FUND BALANCE Net change in working capital 1,000 1,000 - Fund Balances-beginning working capital 317,717 308,944 (8,773) Fund Balances-ending working capital $318,717 $309,944 $(8,773) Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 506 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ACCUMULATED LEAVE LIABILITY For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 382,000 382,000 - Transfers in - - - Total Revenues 382,000 382,000 - EXPENDITURES Personnel Expenses 500,000 560,000 60,000 Supplies, Services, and Taxes - - - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 500,000 560,000 60,000 CHANGES IN FUND BALANCE Net change in working capital (118,000) (178,000) (60,000) Fund Balances-beginning working capital 1,185,949 993,711 (192,238) Fund Balances-ending working capital $1,067,949 $815,711 $(252,238) Budget Adjustments: Expenditure - Technical Correction (60,000) Net adjustment to ending fund balance required $(60,000) Items Previously Approved by Council New Items Not Previously Approved by Council FUND 507 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EQUIPMENT RENTAL RESERVE - OPERATIONS AND MAINTENANCE For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 2,297,107 2,697,107 400,000 Fines and Forfeitures - - - Miscellaneous 1,950 1,950 - Transfers in & Other Financing - - - Total Revenues 2,299,057 2,699,057 400,000 EXPENDITURES Personnel Expenses 636,097 686,097 50,000 Supplies, Services, and Taxes 1,575,893 1,947,550 371,657 Capital Expenditures 35,000 35,000 - Debt Service - - - Transfers Out - - - Total Expenditures 2,246,990 2,668,647 421,657 CHANGES IN FUND BALANCE Net change in working capital 52,067 30,410 (21,657) Fund Balances-beginning working capital (47,795) 38,734 86,529 Fund Balances-ending working capital $4,272 $69,144 $64,872 Budget Adjustments: Revenue - Vehicle Upfits 400,000 Expenditures - Vehicle Upfits (400,000) Expenditures - Insurance Adjustment (21,657) Net adjustment to ending fund balance required $(21,657) Items Previously Approved by Council New Items Not Previously Approved by Council FUND 509 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EQUIPMENT RENTAL RESERVE - RESERVES For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services - - - Fines and Forfeitures - - - Miscellaneous 30,000 30,000 - Transfers in & Other 1,471,308 2,222,272 750,964 Total Revenues 1,501,308 2,252,272 750,964 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 10,496 71,496 61,000 Capital Expenditures 1,560,000 6,721,370 5,161,370 Debt Service - - - Transfers Out & Other - - - Total Expenditures 1,570,496 6,792,866 5,222,370 CHANGES IN FUND BALANCE Net change in working capital (69,188) (4,540,594) (4,471,406) Fund Balances-beginning working capital 1,819,298 6,048,178 4,228,880 Fund Balances-ending working capital $1,750,110 $1,507,584 (242,526) Budget Adjustments: Revenues - Capital Contributions and Transfers In 750,964 Expenditures - Vehicles (5,222,370) Net adjustment to ending fund balance required $(4,471,406) Items Previously Approved by Council New Items Not Previously Approved by Council FUND 510 CITY OF BREMERTON 2024 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE INFORMATION SERVICES For the Year Ended December 31, 2024 Amended Proposed Adj Required Mid-Year Year-End From The Budget Budget Amended Budget 2024 2024 2024 REVENUES Taxes Property $- $- $- Sales - - - Other - - - Licenses and Permits - - - Intergovernmental - - - Charges for Services 2,155,821 2,155,821 - Fines and Forfeitures - - - Miscellaneous 35,300 35,300 - Transfers in - - - Total Revenues 2,191,121 2,191,121 - EXPENDITURES Personnel Expenses 1,261,612 1,261,612 - Supplies, Services, and Taxes 1,411,400 1,411,400 - Capital Expenditures - - - Debt Service - - - Transfers Out - - - Total Expenditures 2,673,012 2,673,012 - CHANGES IN FUND BALANCE Net change in working capital (481,891) (481,891) - Fund Balances-beginning working capital 511,673 880,897 369,224 Fund Balances-ending working capital $29,782 $399,006 $369,224 Budget Adjustments: Net adjustment to ending fund balance required $- Items Previously Approved by Council New Items Not Previously Approved by Council FUND 511 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: December 11, 2024 Contract Modification Agreement No. 1 with Columbia Hospitality, Inc. for the Management and Operation of the Kitsap Conference Center COUNCIL MEETING Date: December 18, 2024 Department: Finance Presenter: Mike Riley Phone: (360) 473-5306 SUMMARY: The City would like to grant award of a 6 year renewal for the Operation and Management of the Kitsap Conference Center as requested from Columbia Hospitality and per the terms awarded in section 3.1 of the agreement. ATTACHMENTS: 1) Kitsap Conference Center Management Agreement request for renewal; 2) Amendment 1 to contract no. 6057 FISCAL IMPACTS (Include Budgeted Amount): None. Budgeted for 2025 STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Columbia Hospitality, Inc. Conference Center Management Operations Agreement Renewal; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A7 Page 1 of 3 Contract Modification no. 1 to 6057 Rev. 09/2021 CONTRACT MODIFICATION AGREEMENT NO.1 BETWEEN THE CITY OF BREMERTON AND COLUMBIA HOSPITALITY, INC. for the MANAGEMENT AND OPERATIONS OF KITSAP CONFERENCE CENTER DATE October 18th, 2024 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and Columbia Hospitality, Inc. on January 3, 2020. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section 3 Term and Termination , The original contract term is modified per the options available under section 3.1 Term of the original agreement. As Columbia Hospitality has submitted a letter requesting renewal within the allotted time the parties agree to an additional 6- year renewal term making the new contract expiration date, December 31, 2030. No other term in this section is changed under this via this contract modification. Section ____7. Insurance______, The original contract language is deleted in its entirety and replaced with the below: 7. Insurance. 7.1 Liability/Casualty Insurance. Contractor shall, at all times during the Term and at the City's sole cost and expense, to the extent specifically contemplated and permitted by the applicable Plan and Budget or otherwise authorized under Section 6.6, procure and maintain the following minimum coverages with commercial carriers reasonably acceptable to both the City and Contractor. Contractor shall be the named insured, and the City shall be an additional insured, under the insurance policies obtained pursuant to this Section. All of the insurance policies obtained pursuant to this Section shall be primary and non-contributory to any insurance maintained by the City. 7.1.1 Commercial General Liability insurance on an occurrence basis against claims for personal injury (including bodily injury or death) and property damage occurring on, in or about the Facility, or any elevator therein or otherwise arising under this Agreement in an amount not less than $1,000,00 combined single limit for each occurrence and $2,000,000 annual aggregate. This insurance must include bodily injury and property damage liability, independent contractors' liability, contractual liability, products and completed operations liability, liquor liability, and personal and advertising injury liability, and may not include any exclusions for terrorism; Page 2 of 3 Contract Modification no. 1 to 6057 Rev. 09/2021 7.1.2 Commercial automobile liability insurance on an occurrence basis against claims for injury or death to persons or damage occurring in or about the Facility with minimum limits of liability of $1,000,000 combined single limit for each occurrence. Such insurance must include coverage for bodily injury liability, personal injury liability, property damage liability, and the operation of owned, hired and non-owned vehicles. 7.1.3 Employment practices liability insurance (with an extended reporting period not less than one (1) year in the event that the coverage is given in a "claims made" form) in an amount not less than $2,000,000 for each occurrence and without any exclusion for terrorism; 7.1.4 Excess or "umbrella" liability insurance no less broad than the underlying coverages on an occurrence basis providing excess coverage in a total amount not less than $15,000,000 in the annual aggregate; 7.1.5 Worker's compensation insurance as shall be required by and be in conformance with the laws of the State of Washington, including employers liability insurance with limits of not less than $1,000,000 for each accident and disease for all of Contractor's employees working with the Facility and $1,000,000 in the aggregate; 7.1.6 Professional liability insurance (with an extended reporting period not less than one (1) year in the event the coverage is given in a "claims made" form) for errors and omissions that may arise out of the negligent acts of Contractor while providing professional services as manager of the Facility. The minimum amount of this insurance must be $1,000,000 for each occurrence and may not include any exclusion for terrorism; and 7.1.7 Such other insurance coverage, Employer Theft Insurance or employee dishonesty insurance with a limit not less than $2,000,000 per occurrence, reasonably requested by Contractor to insure against other insurance risks not covered under the above subsections that are commonly insured against by Contractor or owners of similar conference facilities. 7.1.8 Cyber insurance with limits no less than $2,000.000 per occurrence and aggregate; 7.2 Policies and Endorsements. All insurance policies furnished and maintained under this Section shall include a requirement that the insurer provide each party at least thirty (30) days written notice of any cancellation or material change in the terms and provision of the applicable policy. As soon as practicable prior to the effective date of the policies furnished and maintained hereunder, each party shall provide the other with certificates of insurance evidencing that the insurance requirements of this Agreement have been satisfied. Contractor and the City acknowledge and agree that the policies and limits described above shall be subject to adjustment by the parties from time to time during the Term to reflect changes in the insuring practices for facilities similar to the Facility and changes in insurance products. 7.3 Waiver of Subrogation. Each party shall request its respective insurance companies to waive subrogation against the other party and its Affiliates (as applicable) and their respective authorized representatives on account of any loss, damage, injury and all liability of every kind and nature arising from any risk generally insured against under any insurance policies carried by the parties or required to be carried by the parties under this Agreement. Page 3 of 3 Contract Modification no. 1 to 6057 Rev. 09/2021 II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. Finance Director approved to process _________________________ (Initials and Date) COLUMBIA HOSPITALITY, INC. THE CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: December 11, 2024 Contract Modification Agreement No. 1 with Columbia Hospitality, Inc. for the Management and Operations of Gold Mountain Golf Course COUNCIL MEETING Date: December 18, 2024 Department: Parks and Recreation Presenter: Tim Barker Phone: (360) 473-5306 SUMMARY: The City would like to grant award of a 3 year renewal for the Operation and Management of Gold Mountain Golf as requested from Columbia Hospitality and per the terms awarded in section 3.1 of the agreement. ATTACHMENTS: 1) Gold Mountain Golf Management Agreement request for renewal; 2) Amendment 1 to contract no. 6056 FISCAL IMPACTS (Include Budgeted Amount): None. Budgeted for 2025 STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Columbia Hospitality, Inc. Conference Center Management Operations Agreement Renewal; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A8 Page 1 of 2 Contract Modification no. 1 to 6056 Rev. 09/2021 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND COLUMBIA HOSPITALITY, INC. for the MANAGEMENT AND OPERATIONS OF GOLD MOUNTAIN GOLF COURSE DATE October 18th, 2024 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and Columbia Hospitality, Inc. on January 3, 2020. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section II. Term , The original contract term is modified per the options available under section 3.01 of the original agreement. As Columbia Hospitality has submitted a letter requesting renewal within the allotted time period, the parties agree to an additional 3-year renewal term making the new contract expiration date, December 31, 2027. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision cos ts and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provision s will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. Page 2 of 2 Contract Modification no. 1 to 6056 Rev. 09/2021 The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. Parks and Recreation Director approved to process _________________________ (Initials and Date) COLUMBIA HOSPITALITY, INC. THE CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: December 11, 2024 Proposed Public Hearing on Ordinance to amend Bremerton Municipal Code Title 20 to achieve permit procedures compliant with SB 5290 COUNCIL MEETING Date: December 18, 2024 Department: DCD Presenter: Garrett Jackson, Pln Mgr. Phone: (360) 473-5289 SUMMARY: The action before Council is to conduct a Public Hearing and adopt an Ordinance amending BMC 20.02 Project Permits, BMC 20.46 Special Development Standards, BMC 20.58 Land Use Permits, BMC 20.60 Low Density Residential (R-10), BMC 20.78 Medium Density Residential (R-18), and BMC 20.79 High Density Residential (R-40). Proposed Zoning Code Amendments are intended to achieve compliance with new State permitting requirements that take effect January 1, 2025. A public workshop was held October 21, 2024, and the Planning Commission unanimously recommend the City Council approve the proposed amendments at a Public Hearing held on November 18, 2024. ATTACHMENTS: Proposed Ordinance Exhibit A: Planning Commission Findings and Conclusions Staff Memo & Planning Commission Meeting Minutes Attachment A: Planning Commission Minutes Presentation Added 12/10/24 3:13 PM FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. _____ as recommended by the Planning Commission to amend Bremerton Municipal Code Title 20 to achieve permit procedures compliant with SB 5290. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 A9 1 Title 20 BMC Updates – Zoning Code Amendments ORDINANCE NO. ________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Bremerton Municipal Code Title 20 related to project permit procedures and timelines. WHEREAS, the Washington State Legislature passed Senate Bill 5290 (SB 5290) in 2023 requiring municipalities to report on their permit processing timelines for 2024, streamline the permit review process, and conform to new timelines, or adopt an ordinance establishing longer timelines; and WHEREAS, pursuant to Section 8 of SB 5290, noncompliance with the permit review timelines may require the return of a portion of permitting fees unless certain provisions are adopted to provide prompt review; and WHEREAS, the City of Bremerton complies with Section 8 of SB 5290, subsections 1(f), (g), and (h) by (i) only requiring public hearings for permit applications that are required to have a public hearing by statute, (ii) making presubmittal application conferences optional rather than a requirement of permit application submittal, and (iii) making housing types an outright permitted use in all zones where the housing type is permitted; and WHEREAS, the City of Bremerton (“City”) has established a procedure for amending the Zoning Code in Title 20.18.020(d) of the Bremerton Municipal Code (“BMC”), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and WHEREAS, these amendments are consistent with the City’s Comprehensive Plan, County Wide Planning Policies, the State Growth Management Act, and other applicable regulations and ordinances; and WHEREAS, on October 21, 2024 the Planning Commission conducted a workshop on the proposed Zoning Code amendments; and WHEREAS, on November 8, 2024 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on November 14, 2024 proposed Zoning Code amendments were circulated to Department of Commerce and the State Agencies for the requisite review and comment period; and WHEREAS, on November 14, 2024 for Zoning Code amendments, a State Environmental Policy Act (“SEPA”) Determination of Nonsignificance (“DNS”) was issued for the proposed action with a comment period, and no appeals were filed; and 2 Title 20 BMC Updates – Zoning Code Amendments WHEREAS, on November 18, 2024 the Planning Commission conducted a public hearing on the Zoning Code amendments and formulated a recommendation to forward the amendments for City Council consideration; and WHEREAS, on December 5, 2024 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing on December 18, 2024 by the City Council; and WHEREAS, on December 18, 2024, the City Council conducted a public hearing and considered all testimony prior to their decision; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals Incorporated. The findings and recitals set forth above are hereby adopted and incorporated herein by this reference. SECTION 2. Planning Commission Findings. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth herein in full. SECTION 3. Section 20.02 of the Bremerton Municipal Code entitled “Project Permits” is hereby amended to read as follows: 20.02.010 PURPOSE AND INTENT. (a) Fundamental land use planning choices made in adopted Comprehensive Plans and development regulations shall serve as the foundation for project review. This chapter establishes how the City of Bremerton will process applications for project permits. (b) These procedures provide for an effective processing and review of permits consistent with Chapter 36.70B RCW. This chapter is applied in conjunction with Chapter 2.13 BMC (Administrative Hearing Examiner); Chapter 17.04 BMC (City Building Code); Chapter 20.04 BMC (State Environmental Policy Act); Chapter 20.12 BMC (Land Division); BMC Title 20, Division III; the Bremerton Shoreline Master Program; Chapter 20.14 BMC (Critical Areas); and other applicable codes making reference to this chapter. (Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005) 20.02.020 DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. "City" means the City of Bremerton. 3 Title 20 BMC Updates – Zoning Code Amendments "Closed-record appeal" means an administrative appeal on the record on a project permit application following an open-record hearing with no or limited new evidence or information allowed to be submitted and only appeal argument allowed. "Days" means calendar days. "Department" means Department of Community Development. "Director" means the Director of the Department of Community Development of the City of Bremerton or his/her designee. "Hearing body" means the City Council, Hearing Examiner or any other body designated by the City Council to preside over an open-record hearing or closed-record appeal. "Hearing examiner" means the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. "Open-record appeal hearing" means an open-record hearing held on an appeal when no open- record predecision hearing has been held on the project permit application. "Open-record hearing" means a hearing that creates the City’s record through testimony and submission of evidence and information, under procedures prescribed by the City by ordinance or resolution. An open-record hearing held prior to the City’s decision shall be known as an "open-record predecision hearing." "Parties of record" means: (1) The applicant; (2) The property tax payer as identified by the records available from the Kitsap County Assessor’s Office; (3) Any person who testified at the open-record public hearing on the application; and/or (4) Any person who submitted written comments during administrative review public comment period or has submitted written comments concerning the application at the open- record public hearing (excluding persons who have only signed petitions or mechanically produced form letters). "Project permit" or "project permit application" means any land use or environmental permit or license required from the City of Bremerton for a project action, including but not limited to building permits, site development permits, land use preparation permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, development plan review, site-specific rezones authorized by the Comprehensive Plan, but excluding adoption or amendment of the Comprehensive Plan and development regulations, zoning of newly annexed land, area-wide rezones, and zoning map amendments except as otherwise specifically included in this subsection. "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of persons to obtain comments from the public or other agencies on a proposed project permit prior to the City’s decision. A public meeting may include, but is not limited to, a design review meeting, a special committee meeting, such as the short subdivision committee, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open- record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the City’s project permit application file. 4 Title 20 BMC Updates – Zoning Code Amendments "SEPA" means the State Environmental Policy Act and includes the provisions of Chapter 43.21C RCW, Chapter 197-11 WAC and Chapter 20.04 BMC. "Stand alone nonproject SEPA" means a nonexempt proposal involving a decision on policies, plans, or programs that requires SEPA review and that is not associated with the Comprehensive Plan, development regulations, or area-wide rezones subject to Chapter 20.10 BMC, Chapter 20.18 BMC, and BMC 20.58.050, respectively. 20.02.030 GENERAL PROVISIONS. (a) General Exemptions. The following permits or approvals are exempt from the procedures set forth in this chapter: (1) Landmark designations; (2) Street vacations; (3) Right-of-way/street use permits; (4) Permits or approvals relating to the use of public areas or facilities; (5) Permits or approvals involving the location or development of essential public facilities or utilities; (6) Bremerton Fire Department permits; (76) Project permits not listed in this chapter which are categorically exempt from SEPA; (87) Legislative actions such as the adoption of or amendments to the Comprehensive Plan, subarea plans, area-wide map amendments, and development regulations. Such legislative actions are addressed in Chapters 20.10 and 20.18 BMC and BMC 20.58.050. (b) Applicable Procedures. The Director shall determine the proper procedure for the processing of each project permit application pursuant to the provisions of this chapter. Disputes shall be resolved in favor of the higher category. Type I is considered the lowest and Type IV is the highest. (c) Standard Consistency. The City reviews proposals for consistency to applicable development regulations and the Comprehensive Plan. This determination includes consideration of the following: (1) The type of land use permitted, including uses that may be permitted under certain circumstances, provided the criteria for their approval is satisfied; (2) The density of development allowed such as units per acre or other measures of density; (3) Availability and adequacy of infrastructure, which includes public facilities and services identified in the Comprehensive Plan; and (4) Characteristics of the development such as development design standards. (d) Conflict with Other Regulations. When any provisions of this chapter conflict with provisions of other City regulations, ordinances or resolutions, the more restrictive shall apply. (e) Severability. If any part or provision of this chapter or the application of these regulations to any person or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operations to the part, provision, or application directly 5 Title 20 BMC Updates – Zoning Code Amendments involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other persons or circumstances. (f) General Notice Requirements. The available records of the Kitsap County Assessor’s Office shall be used to determine the property taxpayer of record. All notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first. Failure to provide the public notice as described in this chapter shall not be grounds for invalidation of a decision on a permit. (g) Optional Public Notice. In addition to required public notice, the City may provide notice to other individuals or organizations interested or possibly affected by the proposal. Failure to provide optional public notice shall not be grounds for invalidation of a decision on a permit. (h) Application Submittals. The City’s online portal acts as the application for project permits. Required application content is provided in the City’s handouts/forms which are used to supplement Municipal Code. Submittal requirements for a complete application are provided in the forms and handouts which identify the types of reports, documents, and information necessary. 20.02.040 PROJECT PERMIT PROCESSING PROCEDURES. Project permit applications are categorized as Type I, Type II, Type III or Type IV project permits. Permit processing procedures may include determination of completeness, notice of application, notice of public hearing and notice of decision. Applicable procedures for the processing of permits are pursuant to the following provisions: (a) Type I Project Permits. These are administrative decisions by the Director who may approve, conditionally approve or deny the application. They include permits categorically exempt from SEPA review or that have had SEPA review previously completed in connection with another application or permit. Type I project permit processing procedures are set forth in Table 040. Examples of Type I permits include administrative code interpretations, building/construction/demolition permits (SEPA exempt), final short subdivisions, permit revocations, etc. (b) Type II Project Permit. These are administrative decisions by the Director with limited public notice. The Director has the authority to approve, conditionally approve or deny the application. Type II project permit processing procedures are set forth in Table 040. Examples of Type II permits include administrative conditional use permits, short plats/binding site plans, site plan review (requiring SEPA), building/construction/demolition permits (requiring SEPA), stand alone nonproject SEPA, etc. (c) Type III Project Permit. These are Hearing Examiner decisions. The Hearing Examiner may approve, conditionally approve, or deny the application. Type III project permit processing procedures are set forth in Table 040. Examples of Type III permits include nonadministrative conditional use permits, preliminary formal subdivisions, variances, etc. (d) Type IV Project Permit. These are decisions by the City Council after a closed-record hearing. The City Council may approve, conditionally approve, modify and approve or deny the application. Type IV project permit processing procedures are set forth in Table 040. Examples of Type IV permits include site-specific rezones, development agreements, vacation of subdivisions, etc. 6 Title 20 BMC Updates – Zoning Code Amendments (e) Table 040 Permit Processing Procedures. Application Type Determination of Completeness Notice of Application Notice of Hearing Notice of Decision Type I Permit No No No No Type II Permit Yes Yes No Yes Type III Permit Yes Yes Yes Yes Type IV Permit Yes Yes Yes Yes Development Agreement No No Yes Yes Final Subdivision1 No No No No Site Specific Rezone2 Yes Yes Yes Yes Stand Alone Nonproject SEPA No No No No 1 The Hearing Examiner holds an open-record hearing for preliminary approval. The Director makes the final administrative decision. 2 The Hearing Examiner holds an open-record hearing. The City Council holds a closed- record hearing for final approval. 20.02.050 PRESUBMITTAL APPLICATION CONFERENCE. (a) Purpose. The purpose of the pre-application conference is to acquaint the applicant with the review procedures and applicable Bremerton Municipal Code provisions to the proposal. Type II, III and IV permits require a presubmittal application conference prior to submitting an application. Anyone choosing the consolidated permit process set forth in BMC 20.02.060 also requires a presubmittal application conference. Presubmittal application meetings are encouraged; Only one (1) a single meeting is required may be scheduled for all project permit applications related to the same project action. (b) Waiver. The Director may waive the requirement for a presubmittal application conference when a proposal is determined not to be of a size and complexity to require a detailed analysis. (cb) Submission. Presubmittal application conferences may be held at any time before an application is submitted. A completed form and related information in sufficient number of copies as determined by the Director are required. The information does not need to meet the submission requirement set forth in BMC 20.02.060. 7 Title 20 BMC Updates – Zoning Code Amendments (dc) Timeline. The City shall hold the presubmittal application conference within thirty (30) days of the receipt of a completed request, unless the applicant agrees to an extension of this time in writing. (ed) Nonbinding. The presubmittal application conference is not intended to be an exhaustive review of all potential issues and the discussions shall not be binding or prohibit the enforcement of applicable laws. Failure to provide all pertinent information may prevent the City from identifying all of the issues or providing the most effective presubmittal application conference. (e) Lapse of Time. If a time lapse of more than one (1) year occurs between a presubmittal application conference and the submission for permits, or if the Director determines the scope of the project has changed significantly from the presubmittal application conference, a new conference may be required. 20.02.060 SUBMISSION REQUIREMENTS. (a) Application Contents. An application submitted to the Department shall be in a manner determined by the Director. Unless specified otherwise, an application shall at least include the following: (1) A completed application form; (2) A legal description of the property and associated tax account number(s); (3) A vicinity map showing the location of the property including surrounding major streets, shorelines and other reference points; (4) A site plan; (5) When required, mailing labels containing the names and addresses of all owners of record of parcels within the notification radius; (6) When required, SEPA checklist and/or other environmental documentation; (7) Additional information required by the Director to support a decision on the application(s), such as Notice to Title, easements, or other legal documents to verify ownership; (8) The application fee(s) for the permit(s) requested as set forth in Chapter 3.01 BMC or by other applicable rule or regulation. 20.02.070 VESTING. A project permit application shall vest in the land use regulations in effect on the land at the time of submission of a completed project permit application as defined herein and all application fees are paid. 20.02.080 OPTIONAL CONSOLIDATED PERMITTING PROCESS. (a) An application which involves two (2) or more permits or procedures may have the processes consolidated under the highest project permit classification and procedures. A request for concurrent review combining different application types will calculate review times based on the longest review time of all concurrent applications. The applicant shall request if they want their permit processes consolidated or if they want each permit processed individually. 8 Title 20 BMC Updates – Zoning Code Amendments (b) If a project involving two (2) or more permits has the permits processed individually, the highest project permit classification and procedures shall be finalized before subsequent permits can be issued. The Director may waive this requirement for permits not dependent on the higher classification of permit for their justification or implementation. (c) If applicable, a single open-record hearing and no more than one (1) closed-record appeal shall be provided on a consolidated review process. The consolidated process may combine an open-record hearing on one (1) or more permits with an open-record appeal hearing on the other permits. 20.02.090 DETERMINATION OF COMPLETENESS. When review procedures require a determination of completeness, the following shall apply: (a) Determination. Within twenty-eight (28) days of accepting the application, the Department shall provide a written determination to the applicant, stating that: (1) The application is complete; or (2) The submission requirements have not been met, and outlining application is incomplete and what is necessary to make the application complete. To the extent known, the City shall identify other agencies of local, state or federal governments that may have jurisdiction over some aspect of the application. (b) Failure to Notify. Failure to provide a written determination within the required time shall automatically deem the application complete. (c) Processing. A complete application meets the submission requirements set forth in BMC 20.02.060 and is sufficient for continued processing. The determination of completeness shall not preclude the City from requesting additional information or studies either at the time of the notice or subsequently if new information is required or substantial changes in the proposed action occur. Should additional information be requested, the applicant shall have sixty (60) ninety (90) days from the date notified to submit the requested materials. Should the materials not be submitted within the time limits, the application shall lapse expire. (d) Incomplete Application. An incomplete application shall have sixty (60) ninety (90) days from the date of the written determination in subsection (a)(2) of this section for the necessary information to be submitted. If the applicant either refuses in writing or does not submit the required information within the time limits, the application shall lapse expire and a new application will be required. (e) Review of Additional Information. When additional information for an incomplete application is received, the City shall notify the applicant within fourteen (14) days of receipt of the additional information whether the application is complete or what additional information is necessary. (f) Review Timeline. Following the date an application is determined complete, the date shall be noted and the one hundred twenty (120) day official review period to render a decision shall begin. The review periods for project permits are set forth in Table 090. (g) Table 090 Permit Review Timelines. Application Type Decision Timeline 9 Title 20 BMC Updates – Zoning Code Amendments Projects Not Requiring Public Notice Within 65 Days after Determination of Completeness Projects Requiring Public Notice Within 100 Days after Determination of Completeness Projects Requiring Public Notice and a Hearing Within 170 Days after Determination of Completeness 20.02.100 NOTICE OF APPLICATION. When review procedures require a notice of application, the following shall apply: (a) Timeline. The notice shall be provided within fourteen (14) days after the determination of completeness is issued. (b) Content. The notice of application shall include the following: (1) The file number assigned; (2) The date of application, date of the notice of completeness, and the date of the notice of application; (3) A description of the proposed project action and a list of permits included with the application and, if applicable, a list of requested studies; (4) Identification of known permits not included with the application; (5) Identification of existing environmental documents that evaluate the proposal; (6) The location where the application and any studies can be reviewed; (7) A statement of the public comment period and which shall not be less than fourteen (14) or more than thirty (30) days; (8) A statement of the rights of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision and any appeal rights; (9) Any other information determined appropriate by the City. (c) Legal Notice. Notice shall be provided in the following manner as applicable: (1) Mail. The notice shall be sent by email, first class or higher mail to the following: (i) The applicant; (ii) Affected City departments; (iii) State, federal and local agencies with jurisdiction; (iv) For Type III permits, mailed notice shall also be sent to all property owners of real property (as shown by the records of the Kitsap County Assessor’s Office) within three hundred (300) feet of the subject property. Where any portion of a property abutting the subject property is owned, controlled, or under the option of purchase by the applicant, all property owners within a three hundred (300) foot radius of the total ownership interest shall be notified; and 10 Title 20 BMC Updates – Zoning Code Amendments (v) Any person who requests such notice in writing to the Department. (2) Posting of the Property. Notice shall be posted according to the following: (i) At least one (1) location on or adjacent to the subject property and that shall be clearly visible and legible from an adjacent street or public area; (ii) The Director shall determine the specifications to the construction and installation of the notice boards. (3) Publishing Notice. A published notice in the City’s official newspaper of general circulation within the City boundaries is required. The content shall include the following: (i) Project location; (ii) Project description; (iii) Type of permit(s) required; (iv) Comment period and dates; (v) Location where the complete application may be viewed. (d) Integration of Notices. The City will integrate the notice of application with SEPA review whenever possible. Notification for a notice of application should be combined with the notification for threshold determination and the scoping for a determination of significance whenever possible. (e) Issuance of Decisions. Except for a threshold determination, the City may not issue a decision or a recommendation on a permit until the expiration of the public comment period. (f) Public Comments. Comments shall be as specific as possible. Comments shall be received by the last day of the comment period specified in the notice. If no comments are received by the date specified in the notice from an affected City department or agency with jurisdiction, which notification was sent to, then it is presumed that the department or agency has no comments. 20.02.110 NOTICE OF HEARING. When review procedures require a notice of hearing, the following shall apply: (a) Notice Integration. A notice of hearing is required for public hearings. A notice of hearing may be integrated with the notice of application. (b) Notice Content. A written notice of hearing shall contain the following information: (1) The name of the applicant or designated contact; (2) A description of the affected property (not including any legal description); (3) Project summary/description of each project permit application; (4) The application/project file number; (5) The date, time and place of the hearing; (6) A statement that all interested persons may appear and provide testimony; (7) A statement where information may be examined or obtained and the staff contact and phone number; 11 Title 20 BMC Updates – Zoning Code Amendments (8) A statement how written testimony or comments may be submitted; (9) The SEPA threshold determination along with any appropriate statement regarding any shared or divided lead agency status and phased review, and stating the end of any final comment period; (10) The deadline (date, time and place) for submitting a SEPA appeal; (11) A statement regarding any administrative appeal process including SEPA appeal. (c) Project Permit Notification. Notification for a hearing on a project permit shall be provided in the following manner as applicable: (1) Mail. The notice shall be sent by email, first class mail or higher to the following: (i) The applicant; (ii) All property owners of real property (as shown by the records of the Kitsap County Assessor’s Office) within three hundred (300) feet of the subject property. Where any portion of a property abutting the subject property is owned, controlled, or under the option of purchase by the applicant, all property owners within a three hundred (300) foot radius of the total ownership interest shall be notified; (iii) Any person providing a written request to the Department. (2) Preliminary Plat. When adjacent to the right-of-way of a state highway, or within two (2) miles of the boundary of a state or municipal airport, mailed notice shall be given to the Secretary of Transportation, who has fifteen (15) days to respond. (3) Posting of the Property. The notice shall be posted in the same manner and location(s) as the notice of application set forth in BMC 20.02.100(c)(2). (4) Publishing Notice. A published legal notice in the City’s official newspaper of general circulation within the City boundaries is required. The content of the published notice shall include the following information: (i) Project location; (ii) Project description; (iii) Type of permit(s) required; (iv) Comment period and dates; (v) Location where the complete application may be viewed. (d) Notice Deadlines. Notice shall be given at least ten (10) days before the hearing date except: (1) Shoreline permits pursuant to WAC 173-27-110(3) shall be given at least fifteen (15) days. (2) An integrated notice of hearing and notice of application shall be given at least fifteen (15) days. (3) An integrated notice of hearing and notice of a SEPA threshold determination shall be given at least fifteen (15) days. 12 Title 20 BMC Updates – Zoning Code Amendments (e) Continuation of Hearing. Continued hearings do not require additional notices of hearing. (f) Appeal Notification. Notification for a hearing on an open-record or closed-record appeal shall be provided in the following manner: (1) Mail. The notice shall be sent by email, first class mail or higher to the following: (i) The applicant/appellant; (ii) Parties of record; (iii) Affected agencies; (iv) Parties requesting notice; and (v) Other persons whom the Department believes may be affected by the action. (g) Additional Procedures. In addition to the procedures contained in this chapter, the Department may develop general procedures for notification, including mailing packets and the format of the notice and an affidavit of posting/mailing form to be filled out by the party doing notice. 20.02.120 JOINT PUBLIC HEARING. A hearing on a project permit application may be combined with any other hearing on the action held by another local, state, regional, federal, or other agency pursuant to RCW 36.70B.110 as currently enacted or hereinafter amended. 20.02.130 NOTICE OF DECISION. The Director, the Hearing Examiner or the City Council issues a decision at the conclusion of applicable project permit review. The notice of decision may be included as part of the decision or project permit. (a) The City shall provide a notice of decision. The notice shall include a statement of any threshold determination made under SEPA and the procedures for appeal if a consolidated notice was not given under BMC 20.02.110(d)(3). (1) A decision of approval or denial may be issued if information requested by the City is not provided after a third request for corrections does not result in the applicant providing needed revised materials. Prior to decisions being issued per BMC 20.02.130(a)(1), the City shall notify the applicant within 14 days of issuing a decision to attempt to resolve outstanding issues. The City may consider a written requests not to issue a decision per this section when the applicant and City mutually agree to alternative permit review timelines per BMC 20.02.090(f). (b) Notification. Notification shall be provided in the following manner as applicable: (1) Mail. The notice shall be sent by email, first class mail or higher to the following: (i) The applicant; (ii) Any person who, prior to the rendering of the decision, requested notice of the decision in writing to the Department, or who submitted substantive comments on the application; and (iii) Kitsap County Assessor’s Office. 13 Title 20 BMC Updates – Zoning Code Amendments (c) Notice Contents. The notice may include a copy of the report of decision on the project permit application; and shall include, when available, the SEPA threshold determination, the permit decision, the conditions of approval or where they may be viewed by the public, and the general procedures and time limits to file an appeal. (d) Change of Valuation. The notice shall state that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. (e) Timelines. The notice shall be issued within one hundred twenty (120) days after the City notifies the applicant that the application is complete pursuant to BMC 20.02.090 the time limit prescribed in 20.02.090(f), except as follows: (1) The Director makes written findings that a specified amount of additional time is needed for processing the application; or (2) A permit or approval involving the location or development of important public facilities or utilities, or related to the use of public areas or facilities, for public purposes may be excluded from the one hundred twenty (120) day time limit prescribed in 20.02.090(f) upon a determination of the Director that special circumstances warrant a longer process. (3) A permit or approval where coordination with a government agency is sought by the City involving potential impacts to cultural resources. (f) Extension of Timelines. If the City is unable to issue its final decision on a project permit application within the time limits provided for in this chapter, it shall provide written notice of this fact to the parties of record. The notice shall include a statement of reasons why the time limits were not met, and an estimated date for issuance of the notice of decision. (g) Timeline Exclusion. The one hundred twenty (120) day review time limits in 20.02.090(f) shall exclude any of the following: (1) Any period an applicant takes to provide additional information, perform studies or provide corrected plans requested by the city; (2) Any period where the City determines that submitted information is insufficient or incorrect, and has requested the applicant provide the necessary information. (3) Any period an environmental impact statement (EIS) is being prepared including scoping and preparing the draft and final EIS. (4) Any period for administrative appeals and any period for reconsideration of decisions of the Hearing Examiner made on project permit applications. The period for consideration and decision on appeals shall not exceed: (i) Ninety (90) days for an open-record appeal hearing; or (ii) Sixty (60) days for a closed-record appeal. (iii) The parties may agree to extend these periods. (5) Any extension of time mutually agreed upon by the applicant and the City. (6) All excluded periods are calculated from the date the City notifies the applicant to when the information satisfies the City’s requirement. 14 Title 20 BMC Updates – Zoning Code Amendments (7) The City may consider an applicant request to temporarily suspend review of an application until the time that the applicant notifies the city, in writing, that they would like to resume review of the application; (8) Any period after an administrative appeal is filed until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired; provided, that the city may set conditions on the temporary suspension of a permit application. (79) When the applicant submits the requested information, the City shall have fourteen (14) days to determine if it is satisfactory. If the information is not satisfactory, but the City fails to notify the applicant within the time limit, the information shall be deemed satisfactory. (810) The time limits established in this section do not apply if a project permit application: (i) Requires an Is not a Project Permit Application (such as amendments to the Comprehensive Plan or a development regulation); or (ii) Requires approval of the location of an essential public facility as provided in RCW 36.70A.200; or (iii) Is substantiall y revised by the applicant, in which case the period shall start from the date at which the revised project application is determined to be complete. (h) Liability. The City is not liable for damages due to the City’s failure to make a final decision within the time limits established in this chapter. 20.02.140 APPEALS. (a) General. (1) Those land use and development decisions that are subject to appeal shall become final unless an appeal is filed within the designated time to file an appeal. (2) The appellant shall bear the burden of proving the administrative decision was not supported by substantial evidence. (3) Appeal of Type I or Type II project permit final decisions shall be to the Hearing Examiner. Appeals shall be filed within fourteen (14) days following the issuance of the notice of decision. A decision involving a SEPA determination of nonsignificance which required public comments shall have the appeal period extended an additional seven (7) days. (4) Administrative appeal of a SEPA threshold determination on project permits is to the Hearing Examiner pursuant to Chapter 20.04 BMC and subsection (a)(3) of this section. The appeal shall consolidate any allowed appeals of procedural and substantive determinations under SEPA with a hearing or appeal on the underlying governmental action in a single simultaneous hearing before the Hearing Examiner consistent with Chapter 36.70B RCW, WAC 197-11 -680, this chapter and Chapter 20.04 BMC. (5) Appeal of Type III or Type IV project permit final decisions shall be to Kitsap County Superior Court pursuant to Chapter 36.70C RCW. Appeals shall be filed within twenty-one (21) days following the issuance of the notice of decision. 15 Title 20 BMC Updates – Zoning Code Amendments (6) Final decision relating to the Bremerton Shoreline Master Program may be appealed as follows: (i) Director decisions and Type II shoreline permits may be appealed to the Hearing Examiner pursuant to subsection (a)(3) of this section or may be appealed directly to the Shoreline Hearings Board pursuant to RCW 90.58.180. (ii) Hearing Examiner decisions may be appealed to the Shoreline Hearings Board by filing a petition for review within twenty-one (21) days of the date of filing pursuant to RCW 90.58.140(6). (b) Standing to Appeal. Only parties of record with standing may initiate an appeal. Standing constitutes the following: (1) For Type I project permits, the applicant and the owner of property to which the permit decision is directed have standing. (2) For project permits not Type I, the following have standing: (i) Applicant; (ii) Property owner to which the permit decision is directed; (iii) Anyone who participates in the public hearing; or (iv) Anyone who submits written comments in response to a legal notice within the required time limits. (c) Filing an Appeal. Administrative appeals are filed by submitting a form provided by the Department. The appeal must be received by 5:00 p.m. on the last day of the appeal period. Appeals may be mailed, faxed or delivered to the Department. (d) Timing of Decisions. (1) An open-record appeal shall be decided within ninety (90) days from the date the complete appeal was filed. (2) Should an occasion arise that would require a closed-record appeal hearing, such an appeal shall be decided within sixty (60) days. (e) Computation of Time. For purposes of computing the time for filing an appeal, the day the decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the City’s ordinances as a legal holiday; then it also is excluded and the filing must be completed on the next business day. (f) Content of Appeal. An administrative appeal shall not be accepted unless it is written, accompanied by the required appeal fee, and contains at least the following information: (1) Appellant’s name, address and phone number; (2) Appellant’s statement describing his or her standing, as a party of record, to appeal; (3) Identification of the application which is the subject of the appeal; (4) Statement of grounds for appeal and the facts upon which the appeal is based; (5) Statement of the relief sought, including the specific nature and extent; and 16 Title 20 BMC Updates – Zoning Code Amendments (6) A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature. (g) Effect. The timely filing of an administrative appeal shall stay the effective date of the decision until the appeal is either decided or withdrawn. (h) Notice of Appeal. The Director shall provide public notice of the appeal as provided in BMC 20.02.110(f). 20.02.150 DESIGN REVIEW. Buildings that are proposed for construction in areas having adopted design guidelines are subject to review and recommendation by the Design Review Board (Board). For any development activity that requires Board review, the applicant must comply with the provisions of this section before a building permit can be approved, as follows: (a) Public Meetings. All meetings of the Board shall be open to the public but are not subject to the requirements of the Open Public Meetings Act, Chapter 42.30 RCW. (b) Conceptual Design Conference. Before submitting a building permit application, the applicant shall attend a conceptual design conference with the Board. The conference will be scheduled by the Director to occur within thirty (30) days of written request submittal of a complete applicationby the applicant. The purpose of this conference is to provide an opportunity for the applicant to discuss the project concept with the Board in the early stages of the project development and: (1) To review preliminary sketches of the design proposal presented by the applicant; (2) To discuss how the design guidelines pertain to the proposed development; (3) For the Design Review Board to designate which design guidelines apply to the proposed development based primarily on the location and nature of the proposed development; and (4) Other application materials the applicant will need to submit with the design review application. (c) Application. Following the conceptual design conference, the applicant may then submit a building permit application to the Department. The application shall include all documents and exhibits required for the application, as well as all materials required as a result of the conceptual design conference. (dc) Public Notice. On determination of a complete application for a building permit requiring design review, the Director shall schedule a design response conference with the Board to occur within sixty (60) calendar days. The Director shall provide public notice of the Conceptual Design Review conference per the requirements of BMC 20.02.100. All interested parties from the Conceptual Design Review conference shall receive notice of the Design Response Conference. (ed) Design Response Conference. The design response stage allows the Board to review the design plans and provide direction to the applicant on issues to be resolved for final approval. The applicant shall present the proposed project and demonstrate its consistency with the design guidelines as discussed in the conceptual design conference to the Board. The Board will consider the information presented and make a formal recommendation to the Director for 17 Title 20 BMC Updates – Zoning Code Amendments project approval, approval with conditions, or denial. The Board may continue the conference if necessary to gather additional information necessary for its recommendation. If the conference is continued to a specific date, no further public notice is required; otherwise notice of continuance shall be mailed to all parties participating in the design response conference. The design response conference may be waived provided: (1) The Design Review Board provides a unanimous recommendation of approval and makes findings that the response conference is not necessary; and (2) The Director finds that more information is not required for the decision after the Design Review Board makes their unanimous recommendation. (f) Approval. Design Review approval is a Director decision, on Approval of a building permit that is subject to Board review is a Type II Director decision; however, the Board’s recommendation shall hold substantial weight. After reviewing the Board recommendation, the Director may grant, deny or conditionally approve an application for the proposed development. Any deviation from the Board’s recommendation shall be documented in the Director’s findings and conclusions. The decision of the Director may be appealed per the provisions of BMC 20.02.140. 20.02.160 DEVELOPMENT AGREEMENT REVIEW PROCEDURES. (a) The City may enter into a development agreement with a person having ownership or control of real property within its jurisdiction or outside its boundaries as part of a proposed annexation or a service agreement. A development agreement sets forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. (b) A determination of completeness, notice of hearing and a notice of decision are required pursuant to the provisions of this chapter. The one hundred twenty (120) day time limit for the notice of decision shall not apply to a development agreement. Review timelines per BMC 20.02.090(h) do not apply to Development Agreements as they require legislative action. (c) When a request for a development agreement is consolidated with a Type III or IV project permit, the public hearing shall be consolidated with the open-record hearing on the permit before the Hearing Examiner. The Hearing Examiner shall make a recommendation to the City Council on the development agreement and approval of the project permit shall be conditioned on City Council approval of the development permit. (d) The City Council may approve a development agreement by ordinance or resolution only. 20.02.170 PLANNED ACTIONS. A "planned action" is defined in WAC 197-11 -164 as one (1) or more types of project action that has had significant environmental impacts adequately addressed in an environmental impact statement (EIS) prepared in conjunction with the Comprehensive Plan, subarea plan, fully contained community, a master planned resort, a master planned development or a phased project. (a) A project action addressed in a planned action does not require an environmental checklist or threshold determination, but may require the checklist for review to mitigate environmental impacts through the site plan review process. 18 Title 20 BMC Updates – Zoning Code Amendments (b) To qualify, a project action shall: (1) Be subsequent to or implementing projects in a Comprehensive Plan, subarea plan, fully contained community, a master planned resort, a master planned development or a phased project; (2) Be located within the City’s adopted urban growth areas; (3) Be consistent with the Comprehensive Plan; (4) Not be an essential public facility, as defined in RCW 36.70A.200. (c) The City Council shall designate and approve by ordinance a planned action. The ordinance: (1) Shall describe the type(s) of project action being designated as a planned action; (2) Shall describe how the planned action meets the criteria in subsection (b) of this section, including specific references to the EIS; (3) Shall include findings that the environmental impacts have been identified and adequately addressed in the EIS, subject to project review under WAC 197-11 -172; (4) Should identify any specific mitigation measures other than applicable development regulations that must be applied to a project for it to qualify as a planned action. (d) The planned action may be limited to certain types of development, to specific geographical areas of the City, and/or a time period identified in the EIS, plan, ordinance or resolution. (e) Review of a project proposed as a planned action is intended to be simpler and more focused than for other projects. Review of the project shall include: (1) Verification that it meets the description and implements any applicable conditions or mitigation measures identified in the designating ordinance or resolution; (2) Verification that the proposed significant adverse environmental impacts of the project have been adequately addressed in the EIS. (f) Nothing in this section limits the City from using applicable law to place conditions on the project in order to mitigate nonsignificant impacts through normal project review and permitting processes. 20.02.180 NOTIFICATION OF DEVELOPMENT. Informational signage is required to be posted on the site of any proposal for five (5) or more residential units, and all nonresidential construction projects, during permit review and construction, (a) The City shall provide the sign to the applicant, along with instructions for posting the sign, Posting of the sign is the applicant’s responsibility. Proof of posting, such as a photo, must be provided to City staff. The sign shall: (1) Be posted on all sites that require or required SEPA review, as well as all residential projects in excess of four (4) units. This includes projects for which SEPA was satisfied through the City’s Planned Action (Subarea) process, or when the process is satisfied by another lead agency (such as Port of Bremerton). 19 Title 20 BMC Updates – Zoning Code Amendments (2) Be posted concurrently with review of development permits, after staff determines adequate information is available. (3) Include, at a minimum: permit number(s), general duration of construction, a site plan, elevations, and contact information. (5) Be installed per instructions provided by City staff. (6) Be removed upon final inspection. SECTION 4. Section 20.46.070 of the Bremerton Municipal Code entitled “Adaptive Reuse of Commercial Buildings” is hereby amended to read as follows: 20.46.070 ADAPTIVE REUSE OF COMMERCIAL BUILDINGS. (a) Approval of an administrative Type II conditional use permit (CUP) pursuant to BMC 20.58.020 is required when an adaptive reuse is for a legally established commercial building located within a residential zone. However, the notice of application shall follow BMC 20.02.100(c)(1)(iv) with notification of property owners within three hundred (300) feet. The Director may require a nonadministrative CUP whenever the use has a significant impact beyond the immediate site, is of a neighborhood or community-wide interest, or is of a controversial nature. The adaptive reuse shall meet the following criteria in order to be granted approval: (1) New traffic shall be accommodated within the existing levels of service on the surrounding neighborhood streets. (2) Provision for off-street parking must be evaluated and to the greatest extent possible, meet the parking demand for change of uses. The Director or Hearing Examiner may reduce the number of off-street parking spaces if commute trip reduction methods are employed and the adaptive reuse does not generate an increase in on-street parking demand. (3) The new use does not generate noise that exceeds City standards for residential zones. (4) Adequate street trees and landscaping are incorporated in a manner that buffers the adaptive reuse from adjacent residential uses and makes it more compatible with the surrounding neighborhood. (5) Additional conditions may be applied including, but not limited to, limiting hours of operations, density, restrictions for noise attenuation and other conditions deemed necessary to ensure compatibility with surrounding residential uses. (b) The following uses may be approved for adaptive reuse: (1) Residential, underlying zone density limit, provided no new floor area is constructed; (21) Foster homes; (32) Day care facilities; (43) Group residential facilities, Class I (assisted living); (54) Youth, teen, senior, or community centers; (65) Medical and dental clinic and related services (not hospitals); 20 Title 20 BMC Updates – Zoning Code Amendments (76) Religious worship facilities; (87) Libraries; (98) Museums and art galleries; (109) Consultants (architectural, engineering, planning, design and similar); (1110) Computer assistance and training (but not repair); (1211 ) Office/business assistance services, call centers, and general offices; (1312) Social services/facilities; (1413) Welfare and charitable services/facilities; (1514) Public services; (1615) Hotels and lodging places; (1716) General retail; and (1817) Restaurants. SECTION 5. Section 20.46.080(c) of the Bremerton Municipal Code entitled “Mineral Resource Overlay” is hereby amended to read as follows: 20.46.080 MINERAL RESOURCE OVERLAY. (c) Permitting Process. Mineral resource extraction with associated structures and equipment for soil and gravel, quarried stone or ore may be allowed if a Type III Hearing Examiner II conditional use permit (CUP) is approved pursuant to BMC 20.58.020, with the notice of application shall be mailed to all property owners within five hundred (500) feet of the property. (1) The owner or agent of the quarry shall submit to the City copies of all documents submitted to the Washington State Department of Natural Resources with the application. (2) Notice of application for the CUP shall be provided to the local tribal government, typically during the environmental review; however, if environmental review is not required, a fourteen (14) day comment period to the local tribal government of the proposal will be required prior to issuance of approval. SECTION 6. Section 20.46.080(h) of the Bremerton Municipal Code entitled “Temporary Encampment Permit” is hereby amended to read as follows: 20.46.090 TEMPORARY ENCAMPMENT PERMIT. (h) Duration and Site Restoration. (1) Duration. (i) A proposed temporary encampment may be allowed as a Type I Director’s approval at one (1) property for up to one hundred eighty-three (183) days, either consecutively or cumulatively, during any twenty-four (24) month period, except that where the one- hundred-eighty-third day falls on Friday through Sunday, an additional two (2) days shall be allowed to dismantle and remove the accommodation over the immediately following 21 Title 20 BMC Updates – Zoning Code Amendments weekend. The applicant and/or property owner shall store, out of sight from adjacent properties, the residents’ personal belongings that are left on site after the dismantling of the site. (ii) A proposed temporary encampment may be allowed as a Type III II conditional use permit for a period of three (3) years if the following additional approval criteria are met: (A) The site is located within the district center core, general commercial, freeway corridor, industrial zone, and Puget Sound Industrial Center; and (B) Social services are provided, such as access to healthcare, counseling, substance abuse treatment, and job training programs; and (C) On-site temporary shelters shall be composed of durable/rigid materials; and (D) All other criteria per this section are met, except that parcel size limitations per subsection (c)(2)(i) of this section may be reduced to no less than one-half (0.5) acre. (E) Applications for a three (3) year extension may be applied for after the first two (2) years of active permit approval are complete. Applications for extension must be received six (6) months prior to permit expiration. Only one (1) extension may be approved at a time. SECTION 7. Section 20.46.140(d) of the Bremerton Municipal Code entitled “Wireless Communications Facilities” is hereby amended to read as follows: 20.46.140 WIRELESS COMMUNICATIONS FACILITIES. (d) Process. The applicant shall provide proof of legal authority to co-locate on an existing structure, modify an existing structure, or construct a new structure at the time of permit submittal. This shall include any current franchise agreements for projects located within the City’s right-of-way and lease agreements on private or City real property. Only a complete application shall be accepted for review. Prior to acceptance, the permit application shall be reviewed for completeness. If an application is deemed complete, the application will be processed and reviewed. The Director has the discretion to elevate a Type I permit to a Type II permit, and/or a Type II permit to a Type III permit in cases where views from residential properties or views from the public right-of-way may be affected. (1) Type I Permit. (i) An eligible facilities request, as defined by this chapter. (ii) The installation of new wireless communications facilities in the public right-of- way. (2) Type II Permit. (i) All other wireless communications facilities not exempt by this chapter, and not eligible for a Type I permit, require a Type II permit. (ii) A Type II permit, including the notification of adjacent property owners within three hundred (300) feet, is required for all new wireless communications facilities in residential zoning districts, and for sites adjacent to residential zones. 22 Title 20 BMC Updates – Zoning Code Amendments SECTION 8. Section 20.46.170 of the Bremerton Municipal Code entitled “Cottage Housing” is hereby added to read as follows: 20.46.170 COTTAGE HOUSING. (a) Cottage housing developments may be approved in accordance with the following: (1) Orientation. Lot orientation shall be in accordance with the following standards: (i) All units with primary street frontage shall first be oriented towards the street, otherwise the common open space shall act as the street front and all units shall be oriented towards the common open space. (ii) Dwellings within a cottage housing development should be broken up into groups of no more than twelve (12) dwellings arranged around a common open space. The applicant shall demonstrate all efforts have been made to link housing clusters by ADA accessible paths and shared parking. (2) Open Space. The following open space requirements apply to all proposals regardless of number of units: (i) A minimum of four hundred (400) square feet of common open space is required per dwelling unit. (ii) Parking areas, setbacks, spaces between buildings of ten (10) feet or less in width and driveways shall not count as common open space. (3) Parking. Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC, and the following criteria: (i) One and one-half (1.5) parking spaces are required for each dwelling unit. (ii) All parking areas and vehicle circulation shall be consolidated to the degree feasible. (iii) Parking areas serving more than one (1) dwelling unit shall not be located on a primary street frontage and should be located off an alley or a secondary street. (iv) Garages and carports shall be oriented so that vehicle entrances are located off an alley or private parking area. All efforts shall be made to not orient vehicle entrances toward a primary frontage. (4) Design Standards. (i) Nonresidential Structures. Accessory structures and attached garages shall meet design standards per BMC 20.60.060(d), and the combined gross square feet of all accessory structures shall not exceed eighty (80) percent of the combined footprint of all on-site residential structures. (ii) All dwellings shall include a covered front porch that is integrated with the structure’s architecture. The minimum porch depth shall be six (6) feet, with a minimum width of ten (10) feet. This area shall not be included in dwelling gross square feet, but may be included in required open space area. 23 Title 20 BMC Updates – Zoning Code Amendments (5) Nonconformities. An existing detached single-family residential structure, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cottage density. SECTION 9. Section 20.46.180 of the Bremerton Municipal Code entitled “Group Residential Class I” is hereby added to read as follows: 20.46.180 GROUP RESIDENTIAL CLASS I. (a) Group Residential Class I is permitted in any zone that permits residential uses, provided the following criteria are met: (1) All state licensing requirements are satisfied; (2) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (3) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (4) If counseling services are provided to nonresidents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services; (5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. SECTION 10. Section 20.46.190 of the Bremerton Municipal Code entitled “Senior Housing Complex” is hereby added to read as follows: 20.46.190 SENIOR HOUSING COMPLEX. (a) Senior housing complex is permitted in any zone that permits residential uses, provided the following criteria are met: (1) Minimum site area shall be no less than two (2) acres; (2) Minimum setbacks, density, height and lot coverage of the underlying zone shall apply; (3) Off-street parking shall be a minimum one (1) space per dwelling; (4) Except for a community building/clubhouse for the exclusive use of complex residents, all accessory uses shall be located within a structure containing residential units; (5) Attached or detached structure types are permitted and dwelling units may be owned by individuals or occupied as rentals; (6) Access to alternative transportation such as public transit or on-site shuttle services to access daily goods or services shall be provided; and 24 Title 20 BMC Updates – Zoning Code Amendments (7) A management agreement or covenants on individual properties to maintain the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor’s office. SECTION 11. Section 20.46.200 of the Bremerton Municipal Code entitled “Manufactured Home Park” is hereby added to read as follows: 20.46.200 MANUFACTURED HOME PARK. (a) A Manufactured Home Park is permitted in any zone that permits residential uses, provided the following criteria are met: (1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation; (2) The minimum site size shall be five (5) acres; (3) Density shall meet the underlying zone; (4) Adequate water, sewer, and utility services are available to all building sites; (5) A fire protection system meeting the requirements of the City Fire Marshal is provided; (6) Interior circulation shall meet the City Engineer road standards plus the following standards: (i) All interior circulation routes shall be constructed within a tract or easement; (ii) Roads and driveways shall be paved; (iii) The City Fire Marshal and City Engineer shall approve all fire turnarounds; (7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture: (i) From interior roads, at least fifteen (15) feet from centerline of the tract or easement, but in no case shall the setback be less than five (5) feet from the paved surfaced edge; (ii) Structures near the perimeter lot lines of the property shall comply with the setbacks of the underlying zone; (iii) A minimum of ten (10) foot separation between all manufactured homes; (8) Off-street parking spaces shall be provided in the following manner: (i) One (1) parking space per home site; plus (ii) One (1) parking space for each five (5) home sites for guest parking; plus (iii) Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others; (9) Outside storage of vessels (boats), household items and equipment is prohibited, except a common central storage area may be provided for residents of the park. The storage area shall be screened by a minimum five (5) foot high by five (5) foot wide sight-obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the underlying zone; 25 Title 20 BMC Updates – Zoning Code Amendments (10) Ten (10) percent of the site shall be maintained as common recreational open space for the use of residents and: (i) May include community areas and facilities such as playgrounds, swimming pools, and hobby and craft shops; (ii) However, it shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recreational enjoyment of the residents; (11) Trees meeting the standards set forth in Chapter 20.50 BMC shall be provided along all property lines abutting a residential zone and public streets. Exceptions for trees may be allowed when a property line abuts an alley or is obstructed by a building or other structure; (12) Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required; and (13) All water, sewer, electrical, and communication service lines shall be underground. SECTION 12. Section 20.58.020(c) of the Bremerton Municipal Code entitled “Conditional Use Permits” is hereby amended to read as follows: 20.58.020 CONDITIONAL USE PERMITS. (c) Procedure. A CUP application may be is processed as an administrative Type II Director decision or as a nonadministrative Type III Hearing Examiner decision pursuant to the provisions set forth in Chapter 20.02 BMC. In addition to the notification requirements prescribed in BMC 20.02.100, the notice of application shall be mailed to all property owners within three hundred (300) feet of the property. (1) The Director may require a nonadministrative CUP whenever the use has a significant impact beyond the immediate site, is of a neighborhood or community-wide interest, or is of a controversial nature. (2) The Director may convert a Type II administrative CUP to a Type III nonadministrative CUP any time prior to the issuance of a decision on the application. (3) In addition to the notification requirements prescribed in BMC 20.02.100, the notice of application shall be mailed to all property owners within three hundred (300) feet of the property. SECTION 13. Section 20.58.030(c) of the Bremerton Municipal Code entitled “Variance” is hereby amended to read as follows: 20.58.030 VARIANCE. (c) Procedures. A variance application is processed as a Type III Hearing Examiner II Conditional Use Permit decision pursuant to the provisions set forth in Chapter 20.02 BMC. If the variation would not exceed ten (10) percent of the required dimensional standard from which relief is being sought, the Director may approve the variance as a Type II Director decision. 26 Title 20 BMC Updates – Zoning Code Amendments SECTION 14. Section 20.58.060(c) of the Bremerton Municipal Code entitled “Residential Cluster Development” is hereby amended to read as follows: 20.58.060 RESIDENTIAL CLUSTER DEVELOPMENT. (c) Procedures. (1) A RCD shall be processed in coordination with a subdivision application and will follow the permitting procedures established in Chapter 20.12 BMC, Land Division. (2) The Director has the discretion to convert a Type II administrative subdivision application that is using the RCD provisions to a Type III nonadministrative conditional use permit any time prior to the issuance of a decision on the application should the Director find the project to have significant impacts beyond the immediate site, is of a neighborhood or community wide interest, or is of a controversial nature. (32) In addition to the notification requirements prescribed in BMC 20.02.100, the notice of application shall be mailed to all property owners within three hundred (300) feet of the property. SECTION 15. Section 20.58.080(b) of the Bremerton Municipal Code entitled “Site Plan Review” is hereby amended to read as follows: 20.58.080 SITE PLAN REVIEW. (b) Applicability. Site plan review is required for all new development, expansion of existing structures, or other exterior site improvements that will change the physical conditions of a site. Permits for interior alterations (construction activities that do not modify the existing site layout or its current use, and involve no exterior work adding to the building footprint) that do not result in additional sleeping quarters or bedrooms, do not increase the total square footage or valuation of the structure thereby requiring upgrading fire access or fire suppression systems, and do not result in a nonconformity with federal emergency management agency substantial improvement thresholds, are exempt from site plan review. SECTION 16. Section 20.58.100(c) of the Bremerton Municipal Code entitled “Affordable Housing Bonus” is hereby amended to read as follows: 20.58.100 AFFORDABLE HOUSING BONUS. (c) Procedure. Approval of an administrative Type II conditional use permit (CUP) pursuant to BMC 20.58.020 is required. The Director may require a Type III nonadministrative CUP whenever the use has a significant impact beyond the immediate site, is of a neighborhood or community-wide interest, or is of a controversial nature. The proposed development shall meet the following criteria in order to be granted approval: SECTION 17. Section 20.60.020 of the Bremerton Municipal Code entitled “Permitted Uses” is hereby amended to read as follows: 20.60.020 PERMITTED USES. 27 Title 20 BMC Updates – Zoning Code Amendments Only one (1) principal use shall be allowed on each residentially zoned lot unless allowed for otherwise by law. This limitation shall not include permitted accessory uses associated with a permitted principal use. The following uses are permitted outright: (a) Cemetery; (b) Colocation of wireless communications per BMC 20.46.140; (c) Community facilities of twenty thousand (20,000) square feet gross floor area or less; (d) Day care facility of twelve (12) or fewer persons receiving care; (e) Education and schools (K-12) of twelve (12) or fewer students; (f) Foster home; (g) Group residential home; (h) Manufactured home per BMC 20.46.040; (i) Parks, playgrounds and open space equal or less than one-half (0.5) acre (twenty-one thousand seven hundred eighty (21,780) square feet); (j) Residential Uses. (1) Single-unit dwelling unit, detached; (2) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.60.060(b); (3) Duplex; (4) Townhouse; (5) Cottage housing development of three (3) or less dwelling units meeting the provisions of per BMC 20.46.170 20.60.040(n), except that no conditional use permit is required); (6) Group residential facilities - Class I, per BMC 20.46.180; (7) Senior housing complex, per BMC 20.46.190; (8) Manufactured home park or expansion of existing parks, per BMC 20.46.200 (k) Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less; (l) Incubator for business associated with a worship and religious facility or community facility, provided the following conditions are met: (1) The incubated business is a use that is permitted outright in the neighborhood business zone, BMC 20.82.020; (2) Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and (3) The parcel upon which the incubated business is situated shall have frontage on an arterial street. 28 Title 20 BMC Updates – Zoning Code Amendments SECTION 18. Section 20.60.040 of the Bremerton Municipal Code entitled “Conditional Uses” is hereby amended to read as follows: 20.60.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions: (a) Bed and breakfast, provided: (1) The operators of the business shall occupy the house as their primary residence; (2) No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are contained within the principal structure; (4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required; (5) Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets; (6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period; (7) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresident guests for compensation, are allowed; and (8) Any remodeling of the residential structure shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b) Group residential facilities - Class I, provided: (1) All state licensing requirements are satisfied; (2) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (3) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (4) If counseling services are provided to nonresidents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services; (5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (c) Senior housing complex, provided the following conditions are satisfied: 29 Title 20 BMC Updates – Zoning Code Amendments (1) Minimum site area shall be no less than two (2) acres; (2) Minimum setbacks, density, height and lot coverage of the underlying zone shall apply; (3) Off-street parking shall be a minimum one (1) space per dwelling; (4) Except for a community building/clubhouse for the exclusive use of complex residents, all accessory uses shall be located within a structure containing residential units; (5) Attached or detached structure types are permitted and dwelling units may be owned by individuals or occupied as rentals; (6) Access to alternative transportation such as public transit or on-site shuttle services to access daily goods or services shall be provided; and (7) A management agreement or covenants on individual properties to maintain the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor’s office. (db) Nursing/convalescent homes, provided: (1) All state licensing requirements are satisfied; (2) Minimum site area shall be no less than one (1) acre; (3) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (4) Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area; (5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (ec) Day care facilities (thirteen (13) or more persons receiving care), provided: (1) All state licensing requirements are satisfied; (2) Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load; (3) One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children; (4) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; (5) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be 30 Title 20 BMC Updates – Zoning Code Amendments required if it is found necessary to mitigate any impacts to adjoining residential properties; and (6) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area. (fd) Adaptive reuse of commercial buildings, provided the conditions set forth in BMC 20.46.070 are satisfied. (g) Manufactured home park or expansion of existing parks, provided: (1) It is exempt pursuant to RCW 58.17.040 from requirements for property segregation; (2) The minimum site size shall be five (5) acres; (3) Density shall meet the underlying zone; (4) Adequate water, sewer, and utility services are available to all building sites; (5) A fire protection system meeting the requirements of the City Fire Marshal is provided; (6) Interior circulation shall meet the City Engineer road standards plus the following standards: (i) All interior circulation routes shall be constructed within a tract or easement; (ii) Roads and driveways shall be paved; (iii) The City Fire Marshal and City Engineer shall approve all fire turnarounds; (7) The following setbacks shall apply to manufactured homes or mobile homes, together with their additions and appurtenant structures, accessory structures, and other structures on the site (excluding fences), excluding any hitch or towing fixture: (i) From interior roads, at least fifteen (15) feet from centerline of the tract or easement, but in no case shall the setback be less than five (5) feet from the paved surfaced edge; (ii) Structures near the perimeter lot lines of the property shall comply with the setbacks of the underlying zone; (iii) A minimum of ten (10) foot separation between all manufactured homes; (8) Off-street parking spaces shall be provided in the following manner: (i) One (1) parking space per home site; plus (ii) One (1) parking space for each five (5) home sites for guest parking; plus (iii) Additional parking spaces to provide for the parking needs of offices, community buildings, recreational facilities, or other uses within the park that may be used by park residents or others; (9) Outside storage of vessels (boats), household items and equipment is prohibited, except a common central storage area may be provided for residents of the park. The 31 Title 20 BMC Updates – Zoning Code Amendments storage area shall be screened by a minimum five (5) foot high by five (5) foot wide sight-obscuring barrier consisting of landscaping and fencing or wall, and shall meet minimum setbacks of the underlying zone; (10) Ten (10) percent of the site shall be maintained as common recreational open space for the use of residents and: (i) May include community areas and facilities such as playgrounds, swimming pools, and hobby and craft shops; (ii) However, it shall not include required landscaping areas, perimeter setback areas, parking areas, storage areas, building separation areas or other areas deemed impractical by the Director for the recreational enjoyment of the residents; (11) Trees meeting the standards set forth in Chapter 20.50 BMC shall be provided along all property lines abutting a residential zone and public streets. Exceptions for trees may be allowed when a property line abuts an alley or is obstructed by a building or other structure; (12) Adequate lighting to illuminate streets, driveways, and walkways for the safe movement of pedestrians and vehicles is required; and (13) All water, sewer, electrical, and communication service lines shall be underground. (he) Worship, religious, and community facilities greater than twenty thousand (20,000) square feet, provided: (1) The site area shall be one (1) acre or more; and (2) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (if) Golf course, provided: (1) A site plan review and a site development permit are approved pursuant to Chapter 20.58 BMC; (2) Through the conditional use permit, modifications to parking and landscaping may be allowed in order to facilitate good design; (3) Other conditions are applied as deemed necessary to mitigate impacts to nearby residential properties and ensure compatibility with the neighborhood. (jg) Schools, parks and associated uses may be approved in accordance with the following: (1) The following uses are permitted through approval of a conditional use permit: (i) All public schools and associated gymnasiums and auditoriums; (ii) Private schools (K-12) with thirteen (13) or more students; (iii) Parks and playgrounds greater than one-half (1/2) acre; (iv) Outdoor athletic fields; (v) Boat launching and related facilities; 32 Title 20 BMC Updates – Zoning Code Amendments (vi) Maintenance and service yards; (vii) Bus and other vehicle and equipment maintenance and storage facilities; (viii) Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area; (ix) Buildings and structures for nonprofit groups on public lands; (2) Uses permitted pursuant to subsection (j)(1) of this section shall be subject to complying with the following conditions: (i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii) Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) The maximum height for any new construction may be increased to match the architecture of existing buildings; provided, that it is set back an additional foot from any property line for each additional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet; (iv) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (v) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and (vi) The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet, provided it enhances safety and security around an outdoor play area. (kh) Public utility facilities located above ground, provided: (1) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and (3) Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification. (li) Law enforcement and fire facilities, provided: (1) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. 33 Title 20 BMC Updates – Zoning Code Amendments (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility. (mj) Mineral resource extraction per BMC 20.46.080, provided: (1) The site is located within a mineral resource overlay. (n) Cottage housing development consisting of four (4) or more dwellings may be approved in accordance with the following: (1) Orientation. Lot orientation shall be in accordance with the following standards: (i) All units with primary street frontage shall first be oriented towards the street, otherwise the common open space shall act as the street front and all units shall be oriented towards the common open space. (ii) Dwellings within a cottage housing development should be broken up into groups of no more than twelve (12) dwellings arranged around a common open space. The applicant shall demonstrate all efforts have been made to link housing clusters by ADA accessible paths and shared parking. (2) Open Space. The following open space requirements apply to all proposals regardless of number of units: (i) A minimum of four hundred (400) square feet of common open space is required per dwelling unit. (ii) Parking areas, setbacks, spaces between buildings of ten (10) feet or less in width and driveways shall not count as common open space. (3) Parking. Off-street parking shall be provided in accordance with the requirements set forth in Chapter 20.48 BMC, and the following criteria: (i) One and one-half (1.5) parking spaces are required for each dwelling unit. (ii) All parking areas and vehicle circulation shall be consolidated to the degree feasible. (iii) Parking areas serving more than one (1) dwelling unit shall not be located on a primary street frontage and should be located off an alley or a secondary street. (iv) Garages and carports shall be oriented so that vehicle entrances are located off an alley or private parking area. All efforts shall be made to not orient vehicle entrances toward a primary frontage. (4) Design Standards. (i) Nonresidential Structures. Accessory structures and attached garages shall meet design standards per BMC 20.60.060(d), and the combined gross square feet of all accessory structures shall not exceed eighty (80) percent of the combined footprint of all on-site residential structures. (ii) All dwellings shall include a covered front porch that is integrated with the structure’s architecture. The minimum porch depth shall be six (6) feet, with a 34 Title 20 BMC Updates – Zoning Code Amendments minimum width of ten (10) feet. This area shall not be included in dwelling gross square feet, but may be included in required open space area. (5) Nonconformities. An existing detached single-family residential structure, which may be nonconforming with respect to the standards of this section, shall be permitted to remain, but the extent of the nonconformity may not be increased. Such nonconforming dwelling units shall be included in the maximum permitted cottage density. SECTION 19. Section 20.78.020 of the Bremerton Municipal Code entitled “Outright Permitted Uses” is hereby amended to read as follows: 20.78.020 OUTRIGHT PERMITTED USES. The following uses are permitted outright: (a) Cemetery; (b) Co-location of wireless communications per BMC 20.46.140; (c) Community facilities of twenty thousand (20,000) square feet gross floor area or less; (d) Day care facility of twelve (12) or fewer persons receiving care; (e) Education and schools (K-12) of twelve (12) or fewer students; (f) Foster home; (g) Group residential home; (h) Manufactured home per BMC 20.46.040; (i) Parks, playgrounds and open space equal or less than one-half (1/2) acre (twenty-one thousand seven hundred eighty (21,780) square feet); (j) Residential Uses. (1) Single-unit dwelling unit, detached; (2) Single-unit dwelling unit, attached (zero (0) lot lines) per BMC 20.78.060(b); (3) Duplexes (meeting underlying zoning density); (4) Townhouse (meeting underlying zoning density); (5) Cottage housing meeting the provisions of BMC 20.46.170 20.60.040(n), except that no conditional use permit is required); (6) Group residential facilities Class I per BMC 20.46.180; (7) Senior housing complex per BMC 20.46.190; (8) Manufactured home park per BMC 20.46.200 (k) Worship and religious facilities of twenty thousand (20,000) square feet gross floor area or less; (l) Incubator for business associated with a worship and religious facility or community facility, provided the following conditions are met: 35 Title 20 BMC Updates – Zoning Code Amendments (1) The incubated business is a use that is permitted outright in the neighborhood business zone, BMC 20.82.020; (2) Landscaping and signage requirements of the neighborhood business zone, Chapter 20.82 BMC, shall be met; and (3) The parcel upon which the incubated business is situated shall have frontage on an arterial street. SECTION 20. Section 20.78.040 of the Bremerton Municipal Code entitled “Conditional Uses” is hereby amended to read as follows: 20.78.040 CONDITIONAL USES. The following uses may be permitted, provided a conditional use permit is approved pursuant to BMC 20.58.020 subject to the corresponding conditions: (a) Bed and breakfast, provided: (1) The operators of the business shall occupy the house as their primary residence; (2) No more than one (1) full-time equivalent (FTE) employee who is not a resident of the dwelling may be employed; (3) No more than six (6) bedrooms are made available for rent to guests and all guest rooms are contained within the principal structure; (4) Two (2) off-street parking spaces, plus one (1) off-street parking space per each guest bedroom, are required; (5) Off-street parking spaces may be reduced, provided the applicant can demonstrate parking will not spill over into nearby residential properties and any streets; (6) Rooms shall not be made available to guests for more than fourteen (14) days during any thirty (30) day period; (7) No commercial receptions, parties, or other public gatherings, or serving of meals to nonresident guests for compensation, are allowed; and (8) Any remodeling of the residential structure shall maintain the residential nature of the structure and not alter the structure in such a manner that would prevent it from being used as a residence in the future. (b) Group residential facilities - Class I, provided: (1) All state licensing requirements are satisfied; (2) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (3) Off-street parking shall be at a minimum of one (1) space per each employee during the peak shift, plus one (1) space per two (2) residents the facility will provide service to; (4) If counseling services are provided to nonresidents, additional parking spaces are required at one (1) per three hundred (300) square feet of gross floor area used for counseling services; 36 Title 20 BMC Updates – Zoning Code Amendments (5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (c) Senior housing complex,provided the following conditions are satisfied: (1) Minimum site area shall be no less than two (2) acres; (2) Minimum setbacks, density, height and lot coverage of the underlying zone shall apply; (3) Off-street parking shall be a minimum one (1) space per dwelling; (4) Except for a community building/clubhouse for the exclusive use of complex residents, all accessory uses shall be located within a structure containing residential units; (5) Attached or detached structure types are permitted and dwelling units may be owned by individuals or occupied as rentals; (6) Access to alternative transportation such as public transit or on-site shuttle services to access daily goods or services shall be provided; and (7) A management agreement or covenants on individual properties to maintain the complex as a senior citizen complex shall be recorded with the Kitsap County Auditor’s office. (db) Nursing/convalescent homes, provided: (1) All state licensing requirements are satisfied; (2) Minimum site area shall be no less than one (1) acre; (3) Minimum setbacks, height and lot coverage of the underlying zone shall apply; (4) Off-street parking shall be a minimum of one (1) space per six hundred (600) square feet of gross floor area; (5) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; and (6) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (ec) Day care facilities (thirteen (13) or more persons receiving care), provided: (1) All state licensing requirements are satisfied; (2) Off-street parking shall be a minimum one (1) space per each five (5) children based on the state license maximum occupancy load; (3) One (1) loading/unloading space without backup is required for the first twenty (20) children and one (1) additional space for up to each additional twenty (20) children; 37 Title 20 BMC Updates – Zoning Code Amendments (4) The number of required off-street parking spaces may be reduced, provided the applicant can demonstrate that parking will not spill over into nearby residential properties and any streets; (5) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate an y impacts to adjoining residential properties; and (6) The maximum height of a fence or wall within a front yard setback may be increased up to six (6) feet, provided it enhances safety and security of an outdoor play area. (fd) Adaptive reuse of commercial buildings, provided the conditions set forth in BMC 20.46.070 are satisfied. (he) Worship, religious, and community facilities greater than twenty thousand (20,000) square feet, provided: (1) The site area shall be one (1) acre or more; and (2) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (if) Golf course, provided: (1) A site plan review and a site development permit are approved pursuant to Chapter 20.58 BMC; (2) Through the conditional use permit, modifications to parking and landscaping may be allowed in order to facilitate good design; (3) Other conditions are applied as deemed necessary to mitigate impacts to nearby residential properties and ensure compatibility with the neighborhood. (jg) Schools, parks and associated uses may be approved in accordance with the following: (1) The following uses are permitted through approval of a conditional use permit: (i) All public schools and associated gymnasiums and auditoriums; (ii) Private schools (K-12) with thirteen (13) or more students; (iii) Parks and playgrounds greater than one-half (1/2) acre; (iv) Outdoor athletic fields; (v) Boat launching and related facilities; (vi) Maintenance and service yards; (vii) Bus and other vehicle and equipment maintenance and storage facilities; (viii) Administrative office related to the facilities greater than two thousand (2,000) square feet gross floor area; (ix) Buildings and structures for nonprofit groups on public lands; 38 Title 20 BMC Updates – Zoning Code Amendments (2) Uses permitted pursuant to subsection (j)(1) of this section shall be subject to complying with the following conditions: (i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii) Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) The maximum height for any new construction may be increased to match the architecture of existing buildings; provided, that it is set back an additional foot from any property line for each additional foot of allowed height, and in no case shall the new construction exceed forty-five (45) feet; (iv) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (v) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and (vi) The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet, provided it enhances safety and security around an outdoor play area. (kh) Public utility facilities located above ground, provided: (1) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility; and (3) Exceptions to setbacks may be allowed if the applicant can demonstrate that the public interest is better served by allowing the modification. (li) Law enforcement and fire facilities, provided: (1) Landscaping is provided meeting the minimum requirements for nonresidential uses prescribed in Chapter 20.50 BMC. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties. (2) The maximum height of a fence or wall may be increased within a front yard setback that will provide screening from adjacent uses and enhance safety and security around the facility. (Ord. 5301 §3 (Exh. B) (part), 2016) SECTION 21. Section 20.79.020 of the Bremerton Municipal Code entitled “Outright Permitted Uses” is hereby amended to read as follows: 20.79.020 OUTRIGHT PERMITTED USES. 39 Title 20 BMC Updates – Zoning Code Amendments The following uses are permitted outright: (a) Co-location of wireless communications per BMC 20.46.140; (b) Residential Use. Dwelling units, including a duplex or townhouse, must meet the underlying density of this zone unless otherwise allowed for by state law or City code. Residential uses include: (1) Day care facility (twelve (12) or fewer persons receiving care); (2) Foster home; (3) Class I group residential facility; (4) Multi-unit dwelling units; (5) Single-unit dwelling unit, attached (zero (0) lot lines); (6) Single-unit dwelling unit, detached; (7) Townhouses; (8) Duplexes. (9) Senior housing complex per BMC 20.46.190. SECTION 22. Section 20.79.040 of the Bremerton Municipal Code entitled “Conditional Uses” is hereby amended to read as follows: 20.79.040 CONDITIONAL USES. The following conditional uses shall be permitted pursuant to BMC 20.58.020, provided the conditional use complies with the corresponding standard as listed in BMC 20.60.040 (low density residential (R-10) zone), except the criteria for minimum site area is not applicable to this zone for the following uses: (a) Bed and breakfast; (b) Senior housing complex; (cb) Nursing/convalescent home; (dc) Day care facilities (more than twelve (12) persons receiving care); (ed) Worship, religious, and community facilities; (fe) Schools, parks and associated facilities of the types set forth in BMC 20.60.040(j). SECTION 23. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance, including but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 24. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the 40 Title 20 BMC Updates – Zoning Code Amendments validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 25. Effective Date. This ordinance shall take effect January 1, 2025. PASSED by the City Council the___________ day of ____________________, 2024. _________________________________ JENNIFER CHAMBERLIN, Council President Approved this ________ day of _____________________, 2024. _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk KYLIE FINNELL, City Attorney PUBLISHED the ________ day of ______________________, 2024. EFFECTIVE the ________ day of ______________________, 2025. ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Community Development\2022.08.29 Ordinance - Title 20 - Legal edits.docx To: City Council From: Garrett Jackson Date: December 18. 2024 Subject: Zoning Code Amendments: Permit Procedures SUMMARY The action before Council is to conduct a Public Hearing and adopt an Ordinance amending BMC 20.02 Project Permits, BMC 20.46 Special Development Standards, BMC 20.58 Land Use Permits, BMC 20.60 Low Density Residential (R-10), BMC 20.78 Medium Density Residential (R-18), and BMC 20.79 High Density Residential (R-40). Proposed Zoning Code Amendments are intended to achieve compliance with new State permitting requirements that take effect January 1, 2025. A public workshop was held October 21, 2024, and the Planning Commission unanimously recommended the City Council approve the proposed amendments at a Public Hearing held on November 18, 2024. PLANNING COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended the City Council approve the proposed amendments at a Public Hearing held on November 18, 2024. Draft minutes from the November 18, 2024 Public Hearing are provided following this memo. ATTACHMENTS: • Attachment A: Planning Commission Minutes  October 21, 2024 Planning Commission Workshop  November 18, 2024 Planning Commission Public Hearing DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM Memo Zoning Code Amendments  Page 2 OVERVIEW This report provides details on proposed measures to account for new State requirements for local permitting procedures, and other minor amendments related to City project permitting. Proposed amendments to the Bremerton Municipal Code (BMC) are limited to the following sections: BMC 20.02 Project Permits, BMC 20.46 Special Development Standards, BMC 20.58 Land Use Permits, BMC 20.60 Low Density Residential (R-10), BMC 20.78 Medium Density Residential (R-18), and BMC 20.79 High Density Residential (R-40). STATE PERMIT REQUIREMENTS Per RCW 36.70A.020, processing permit applications in a timely and fair manner is one of the 15 goals of the Growth Management Act (GMA). Accordingly, the City Comprehensive Plan contains policies supporting effective permit review, with bulleted examples provided below. • Housing Element, Policy H4(D). Encourage efficient permit review by eliminating unnecessary regulatory impediments, improving certainty in development regulations, and provide an expedited permit process. • Economic Development Element, Policy ED5(A). Evaluate and work towards efficiency and effectiveness of all permit processes to ensure requirements and timelines are predictable. Encourage City Departments and Staff to provide condensed development guides to applicants that help identify code requirements. Washington State more specifically regulates local permit processing per the Local Project Review Act (LPRA) which was established in 1995 as the statewide framework for local government land use planning review. LPRA was revised in 2023 per Senate Bill 5290, and requires jurisdictions to implement additional measures intended to accelerate the permit decision process. Bremerton generally regulates permit processing per Bremerton Municipal Code (BMC) 20.02 Project Permits, which establishes permit timelines, noticing, and appeals procedures. Per SB 5290, BMC 20.02 Project Permits is required to be updated to alter the number of days the City has to issue a permit decision. Currently code requires the City to issue a decision within 120 days, which will transition to the following with this code update: • 65 Days. For project permits that do not require public notice under RCW 36.70B.110, a local government must issue a final decision within 65 days of the determination of completeness under RCW 36.70B.070. • 100 Days. For project permits that require public notice under RCW 36.70B.110, a local government must issue a final decision within 100 days of the determination of completeness under RCW 36.70B.070. • 170 Days. For project permits that require public notice under RCW 36.70B.110 and a public hearing, a local government must issue a final decision within 170 days of the determination of completeness under RCW 36.70B.070. Per SB 5290, permits not meeting adopted permit timelines may be entitled to a permit refund of 10-20% of permit fees if the new time periods are not met. To avoid negative impacts to the budget, and increased permit processing time, RCW 36.70B.160 allows an alternative to issuing refunds that requires the City to adopt additional measures to increase permit efficiency. The Memo Zoning Code Amendments  Page 3 following provides a complete list of all State recognized permit processes meant to increase efficiency, with the City required to choose a minimum of 3 of these options. Recommended for Adoption. The following three measures are proposed for adoption to meet minimum State requirements. Unlike the options which were not selected, that relate to administrative processes, each of the selected options are development regulations: • Presubmittal Application Conference (BMC 20.02.050). Currently, more complex permit types are required to participate in a Presubmittal Conference. The proposal would transition this permit to optional. • Public Hearings (Various code sections). All permits that are not required by State statute to have a public hearing would transition to permits that are administratively reviewed. Current City code identifies Type III Permits as types that require a public hearing; these would transition to Type II Permits which maintain a public comment period and appeal rights for any person providing comments during the associated public comment period. It is important to note that the criteria for approving these application types is not proposed to change with this code update, only minor changes to ensure conformance with SB 5290. The following provides a complete list of applicable permits: Adaptive Reuse of Commercial Buildings (BMC 20.46.070), Mineral Resource Overlay (BMC 20.46.080), Temporary Encampment Permit (BMC 20.46.090), Wireless Communication Facilities (BMC 20.46.140), Conditional Use Permits (BMC 20.58.020), Variance (BMC 20.58.030), Residential Cluster Development (BMC 20.58.060), Affordable Housing Bonus (BMC 20.58.100). • Permitted Housing Uses (BMC 20.60, BMC 20.78, BMC 20.79). There are a number of housing types that currently require a Conditional Use Permit per BMC 20.58.020; these housing types would be transitioned to outright permitted uses while retaining development regulations specific to their housing type. Included are Cottage Housing (BMC 20.46.170), Group Residential Class I (BMC 20.46.180), Senior Housing Complex (BMC 20.46.190), and Manufactured Home Park (BMC 20.46.200). It is important to note that the criteria for approving these application types is not proposed to change with this code update, only minor changes to permit processing to ensure conformance with SB 5290. Additional Measures. Below are other measures the State identifies for increased permit efficiency. While these administrative measures are not recommended for adoption at this time, the Department of Community Development will continue to internally evaluate incorporation of these measures in the future. • Expedited Review Process. The State encourages an alternate expedited permit process be available to applicants. While this option may be implemented, codification of an expedited process is not recommended as staffing levels, consultant availability, and other contributing factors could potentially limit the City’s ability to meet an expedited review timeline. • Reasonable Fees. The State recommends permit cost exclusively cover the costs processing permit applications, and that the fees imposed may not include a fee for the cost of processing administrative appeals. While the City of Bremerton typically has the least expensive permit application fees in Kitsap County, demonstrating to the State that costs are “reasonable” is a subjective and undefined process that may lead to additional/unneeded bureaucracy. Memo Zoning Code Amendments  Page 4 • Interlocal Agreement. Entering into an interlocal agreement with another jurisdiction to share permitting staff and resources. An interlocal agreement may take significant time to negotiate and implement. Staff from other jurisdictions would also require significant amounts of training and oversight to ensure conformance with Bremerton code requirements. • On-call Permit Assistance. Budgeting for on-call permitting assistance for when permit volumes or staffing levels change rapidly. While this option is also available, Staff from on- call agencies would also require significant amounts of training and oversight to ensure conformance with Bremerton code requirements. Potential lack of budget could also lead to not including this provision. • New Budgeted Positions. The State offers an option to add new budgeted positions that are contingent on increased permit revenue. On an annual basis, the Department of Community Development analyzes the number of employees need to complete submitted permits against the resources available to hire new employees. As this analysis is updated on a yearly basis, and contingent on sufficient budget being available, it seems inappropriate to utilize this provision. • Self-Certification. This option would permit outside professionals with appropriate professional licenses to certify components of applications consistent with their license. This may be an option for the City to consider in the future, however, appropriate research on best practices and potential negative consequences would need to be explored before further considering this change. • Applicant Meeting. This process encourages that the City attempt to resolve outstanding issues during the review process. A meeting must be scheduled within 14 days of a second request for corrections during permit review. If the meeting cannot resolve the issues and a local government proceeds with a third request for additional information or corrections, the local government must approve or deny the application upon receiving the additional information or corrections. This option is generally consistent with suggested code revisions per BMC 20.02.130(a)(1), however, the State would also require to City to remove all application fees for appeals if this option was utilized. This may lead to an increase in frivolous appeals that would greatly increase permit timelines. ADDITIONAL MEASURES The Planning Commission proposes the following additional permitting measures intended to increase permit efficiency: • Design Review Board. The Design Review process currently includes two public meetings, and additionally the eventual Building Permit requires an additional public comment period and opportunity to appeal. This creates an unpredictable permitting process, where a developer may not know if their project is feasible until submitting the Building Permit, which is often the last permit required in a lengthy process. This is the only permit process that currently requires a Building Permit to have a public comment period and increased rights of appeal. The proposal is to remove the public comment period from building permits that have received Design Review Board approval. Memo Zoning Code Amendments  Page 5 • Applicant Response Time. To increase permit efficiency, proposed Zoning Code Amendments would transition the standard applicant response time. Existing code allows 90 days for the applicant to respond to City requests for additional information, and the proposed code recommends revising that time limit to 60 days. If the applicant either refuses in writing or does not submit the required information within the time limits, applications would expire. • Informational Signage. While the State is encouraging streamlining the permit process, DCD staff has received comments from the City Council encouraging the use of informational signs as a tool to ensure the public stays informed on new development occurring in their vicinity. These signs would contain information about the project, and contact information for any questions, but would not include a formal public comment period. The intent of these signs would be to raise public awareness, not increase barriers to development by increasing permit requirements. SUMMARY To review, the City is required to update permitting procedures to comply with new requirements from the State of Washington per SB 5290. The Planning Commission unanimously recommended the City Council approve the proposed amendments at a Public Hearing held on November 18, 2024. ATTACHMENT A ATTACHMENT A DRAFT CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING November 18, 2024 CALL TO ORDER: Chair Wofford called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m. ROLL CALL Commissioners Present Staff Present Chair Wofford Vice Chair Tift Commissioner Browning Commissioner Coviello Commissioner Paauw Commissioner Pedersen Commissioner Steben Quorum Confirmed Andrea Spencer, Director, Department of Community Development Kylie Finnell, City Attorney, Legal Kelli Lambert, Senior Planner, Department of Community Development Sharon Schwartz, Project Assistant, Department of Community Development ELECTION OF OFFICERS FOR 2025 COMMISSIONER TIFT MOVED TO ELECT COMMISSIONER WOFFORD AS CHAIR OF THE 2025 PLANNING COMMISSION. COMMISSIONER COVIELLO SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. COMMISSIONER WOFFORD MOVED TO ELECT COMMISSIONER TIFT AS VICE CHAIR OF THE 2025 PLANNING COMMISSION. COMMISSIONER COVIELLO SECONDED THE MOTION, WHICH CARRIED WITH SIX AYES (BROWNING, COVIELLO, PAAUUW, PETERSEN AND STEBEN) AND ONE ABSTNETION (TIFT). CHAIR CALL FOR MODIFICATIONS TO AGENDA The agenda was accepted as presented. APPROVAL OF MINUTES COMMISIONER STEBEN MOVED TO APPROVE THE PLANNING COMMISSION MEETING MINUTES OF OCTOBER 21, 2024, AS PRESENTED; VICE COMMISSIONER TIFT SECONDED THE MOTION, WHICH CARRIED WITH FIVE AYES (BROWNING, COVIELLO, STEBEN, TIFT AND WOFFORD) AND TWO ABSTENTIONS (PAAUW AND PEDERSEN). PUBLIC MEETING ATTACHMENT A DRAFT Bremerton Planning Commission Minutes November 18, 2024 ~ Page 2 of 3 Call to the Public (public comments on any item not on the agenda) Comments from the public were provided by Jose Camacho and Robin Welden. PUBLIC WORKSHOP: 2024 Comprehensive Plan; Draft Environmental Impact Statement (DEIS) – A Power Point presentation was provided by Department of Community Development Senior Planner Kelli Lambert. During Mrs. Lambert’s presentation she discussed the DEIS for the 2024 Comprehensive Plan updates. The DEIS public comment period is from October 18 through December 2, 2024, and a postcard has gone out to all residents and businesses in the city. Wants to provide an opportunity for public to comment and provide feedback. Chair Wofford opened the Public Workshop to receive testimony from the public. Comments were received from Jacqueline Reed and Jack Stanfill. There were no questions and comments offered by Planning Commissioners. PUBLIC HEARING: Zoning Code Amendments, to revise permit processes for conform with Washington State SB 5290 requirement – A Power Point presentation was provided by Department of Community Development Senior Planner Kelli Lambert. During Mrs. Lambert’s presentation she provided an overview of the State requirements for permitting procedures and highlights the proposed zoning code amendments for permit process updates, increased permit efficiencies and permitted housing uses. Chair Wofford opened the Public Hearing to receive testimony from the public. Comments were received from Jack Stanfill, Ian Harkins and Brandon Bishop, with responses provided by Andrea Spencer. Questions and comments were offered by Planning Commissioners Tift, Browning, Pedersen with responses provided by Andrea Spencer. COMMISSIONER STEBEN MADE A MOTION TO RECOMMEND THE CITY COUNCIL ADOPT THE TEXT AMENDMENTS TO BREMERTON MUNICIPAL CODE CHAPTER 20.46 AS DETAILED IN ATTACHMENT I, BASED UPON THE STAFF REPORT AND THE FINDINGS AND CONCLUSIONS PRESENTED IN ATTACHMENT II; COMMISSIONER COVIELLO SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. PUBLIC WORKSHOP: Zoning Code Amendments, BMC Title 20 Housing Regulations – A Power Point presentation was provided by Department of Community Development Senior Planner Kelli Lambert. During Mrs. Lambert’s presentation she provided an overview of potential zoning code amendments related to new housing provisions, these zoning codes amendments are for Low Density Residential (LDR), Medium Density Residential (MDR) and High Density Residential (HDR) housing. Chair Wofford opened the Public Workshop to receive testimony from the public. Comments were received from Ian Harkins. Questions and comments were offered by Planning Commissioners Coviello, Pedersen and Tift with responses provided by Andrea Spencer. BUSINESS MEETING Chair Report ATTACHMENT A DRAFT Bremerton Planning Commission Minutes November 18, 2024 ~ Page 3 of 3 Chair Wofford No report. Director Report Andrea Spencer made a point of clarification from testimony received at the beginning of the meeting, that the commission is purely legislative and does not do permit review, and that there is no conflict of interest to have somebody from Soundwest Group serve on the commission, welcoming Jack Paauw to the group. Also noting that Commissioner Steben would be stepping down from the commission due to moving outside of city boundaries next month. Andrea Spencer provided the current Planning Commission bylaws for review to see if there are any changes or modifications that may want to be made, as bylaws are normally reviewed in January. Old Business None. New Business None. ADJOURNMENT The meeting was adjourned at 6:39 p.m. Respectively Submitted by: ___________________________________ ___________________________________ Andrea L Spencer, AICP Nick Wofford, Chair Executive Secretary Planning Commission ATTACHMENT A Zoning Code Amendments: Public Hearing Permit Processing Presenter: Garrett Jackson December 18, 2024 1 Planning Commission Recommendation 2 Planning Commission unanimously recommends adoption of proposed zoning code amendments. Council should hold an open record Public Hearing, consider testimony, and adopt the proposed code change. Zoning Code Amendments Process Review Planning Commission Workshop 10/21/24 Department of Commerce Review 11/14/24 SEPA Review 11/14/24 Planning Commission Hearing 11/18/24 City Council Study Session 12/11/24 City Council Hearing 12/18/24 Adoption 3 Local Project Review Act (RCW 36.70B). SB 5290 revised LPR requiring increased permit efficiencies. Changes take effect January 2025. Growth Management Act (RCW 36.70A.020). Processing permit applications in a timely and fair manner is 1 of 15 GMA goals. 4 Washington State Requirements “Local governments possess regulatory control over land use and development. They are key players, both individually and in cooperation with other housing interests, in stimulating various types of development activity through zoning, incentives, and funding, streamlined development review and permitting processes.” PSRC Vision 2050 5 Puget Sound Regional Council (PSRC) Vision 2050 Housing Element, Policy H4(D). Encourage efficient permit review by eliminating unnecessary regulatory impediments, improving certainty in development regulations, and provide an expedited permit process. Economic Development Element, Policy ED5(A). Evaluate and work towards efficiency and effectiveness of all permit processes to ensure requirements and timelines are predictable. Encourage City Departments and Staff to provide condensed development guides to applicants that help identify code requirements. 6 City of Bremerton Comprehensive Plan Permit Processing: 3 General Categories 1.Permit Process Updates 2.Increased Permit Efficiencies 3.Additional Measures & Housekeeping 7 Permit Process Updates 8 Permit Process Updates Number of days to issue a permit decision would transition from the current 120 days as follows: 65 Days. For project permits that do not require public notice 100 Days. For project permits that require public notice 170 Days. For project permits that require public notice and a public hearing Updated permit timelines would not apply to building permits, fire department permits, or permits where coordination on 9 Increased Permit Efficiencies SB 5290 requires jurisdictions to issue refunds for permits that don’t meet timelines, unless they have introduced efficiencies to streamline the permit process. 10 Increased Permit Efficiencies: 3 Selected Options available from Washington State: 11 Optional Presubmittal Conference Interlocal Agreement Required Public Hearings On-call Permit Assistance Outright Permitted Housing Uses New Budgeted Positions Expedited Review Process Self-Certification Reasonable Fees Applicant Meeting Increased Permit Efficiencies Optional Presubmittal Application Conference Currently, Presubmittal Application Conferences are required for certain permit types. These informal meetings enable applicants to get feedback on preliminary project proposals from Planning, Building, Public Works, the Fire Marshal, and others. The cost for this permit is $100, making it an excellent incentive for early coordination with the City. The permit would transition to being an optional permit type. 12 Increased Permit Efficiencies Required Public Hearings Remove requirement for public hearing that are not required per State statute, but retain requirement for public comment: 13 Adaptive Reuse of Commercial Buildings (BMC 20.46.070) Conditional Use Permits (BMC 20.58.020) Mineral Resource Overlay (BMC 20.46.080)Variance (BMC 20.58.030) Temporary Encampment Permit (BMC 20.46.090) Residential Cluster Development (BMC 20.58.060) Wireless Communication Facilities (BMC 20.46.140)Affordable Housing Bonus (BMC 20.58.100) Increased Permit Efficiencies Outright Permitted Housing Uses Transition to outright permitted use, but retain development standards in new section: Cottage Housing (BMC 20.46.170) Group Residential Class I (BMC 20.46.180) Senior Housing Complex (BMC 20.46.190) Manufactured Home Park (BMC 20.46.200) 14 Increased Permit Efficiencies Outright Permitted Housing Uses Cottage Housing 15 Group Residential Class ISenior Housing Complex Manufactured Home Park Snyder Avenue9thStreetSheridan RoadPrice Road Additional Measures & Housekeeping 16 Additional Measures & Housekeeping: Design Review Board The Design Review process relates to preliminary project design within the Downtown Subarea Plan and Harrison Heights Subarea Plan. Proposed alterations would transition the Building Permit from a Type II permit to a Type I permit. Public notice would continue to be required for the work of the Design Review Board. 17 Additional Measures & Housekeeping Applicant Response Time Current code permits the applicant 90-days to respond to a City request for additional permit information. To ensure a more timely response, code revisions would transition to a 60-days time limitation. Applicants could have a permit denied if requested material is not received after the 3rd request for information, or alternatively applicants could agree to separate permit timelines. 18 Additional Measures & Housekeeping: Informational Signage City Council requested a code be developed for increased public awareness regarding upcoming development. This proposal would provide notification of development with: A City provided sign Project details Project contact information 19 Planning Commission Recommendation 20 Planning Commission unanimously recommends adoption of proposed zoning code amendments. Council should hold an open record Public Hearing, consider testimony, and adopt the proposed code change. Published for December 11 Study Session Item A9 Public Comments From:Anna Mockler To:City Council Subject:Agenda Item A9, 11 Dec 2024 Study Session Date:Wednesday, December 11, 2024 3:58:12 PM Please distribute to all Council re tonight's Agenda Item A9. A proposed amendment to Chapter 20 of BMC that will expand the scope of Type I (most common) permits to include posting a placard: "Notice of Proposed Land Use Action" for all permit applications EXCEPT those that have little or no public interest, such as water heater replacement. A new building or short subdivision etc., would require a placard describing the project, comment period, and how to comment. This supports our Council goal of increasing public engagement. Last presented to Council in September 2023. At that time, DCD objected that they would have to engage in public hearings to amend Chapter 20. Those public hearings are now scheduled. Let's involve Bremertonians in decisions about Bremerton's future. Anna Mockler Proposal to Amend BMC to Expand Public Notice of Proposed Land Use Action Bremerton City Council Study Session, 9/13/2023 Presenter: Anna Mockler Information Only. Fiscal Impacts: None. Summary: Move to amend our BMC 20.02.040(a) to include language defining Type I permits as having “limited or no public interest.” Where a proposed development has some public interest, require posting of an on-site placard “Notice of Proposed Land Use Action” easily visible from the street and nearest public intersection(s). Such placards will contain all the information now sent by mail to households up to 300 feet away from site, showing the proposed use, and when and to whom the public may comment. This helps meet one of Council’s 2023 Goals. Methodology: I reviewed the literature, i.e., public notification requirements of permit types in nearby jurisdictions. I underlined and highlighted particular portions thereof for Council’s better review. Those jurisdictions are: Poulsbo, Port Orchard, and Kitsap County, chosen to ensure compliance with local Comprehensive Plans per the GMA. Results: Port Orchard and Kitsap County have similar definitions of Type I permits: SEPA-exempt, minor revisions, etc. Poulsbo goes further to define Type I permits as having “limited or no public interest”. Some Type I projects as defined by BMC 20.02.040(a) are of public interest. Note that Kitsap County considers “View Blockage” as a Type II permit. “Public interest” might be defined as being sparked by any proposed change of use, height, or footprint. Neighboring jurisdictions use our main methods of notifying the public: they mail notices to households up to 300 feet away, post on city website, and publish notice in newspaper of record. Poulsbo also requires posting at City Hall, post office, and library. One Council 2023 Goal is: “Look for opportunities to implement changes that encourage civic engagement”. Opening comment to a wider public, with streetside placards that clearly announce the process and period of public comment, certainly meets this goal. Discussion: Our current procedure of public notice excludes many projects that are of public interest. Now, to find out about a permit application for a non-Type I permit, one has to join DCD’s “NotifyMe” email list, or regularly scroll their website, or daily read the Legal Notices in the Kitsap Sun. Or live less than 300 feet from the site. For most of us, that means that buildings suddenly pop up. There are more than enough uncertainties and plenty of powerlessness in the world around us. Our government should reduce surprise and increase empowerment as often as possible. Conclusion: We should amend the definition of Type I permits in BMC 20.02.040(a) as shown underlined below, and require Public Notice placards for all other permit types. City of Poulsbo A. A Type I application permit process is an administrative review and decision by the appropriate department head or designee. These are applications which are generally categorically exempt from review under State Environmental Policy Act (SEPA) or permits for which environmental review has been completed in connection with another application, and which have limited or no public interest. A Type I application is subject to clear, objective and nondiscretionary standards or standards that require the exercise of professional judgment about technical issues City of Bremerton 20.02.040 PROJECT PERMIT PROCESSING PROCEDURES. Project permit applications are categorized as Type I, Type II, Type III or Type IV project permits. Permit processing procedures may include determination of completeness, notice of application, notice of public hearing and notice of decision. Applicable procedures for the processing of permits are pursuant to the following provisions: (a) Type I Project Permits. These are administrative decisions by the Director who may approve, conditionally approve or deny the application. They include permits categorically exempt from SEPA review or that have had SEPA review completed in connection with another application or permit. Type I project permit processing procedures are set forth in Table 040. Examples of Type I permits include administrative code interpretations, building/construction/demolition permits (SEPA exempt), final short subdivisions, permit revocations, etc. (b) Type II Project Permit. These are administrative decisions by the Director with limited public notice. The Director has the authority to approve, conditionally approve or deny the application. Type II project permit processing procedures are set forth in Table 040. Examples of Type II permits include administrative conditional use permits, short plats/binding site plans, site plan review (requiring SEPA), building/construction/demolition permits (requiring SEPA), stand alone nonproject SEPA, etc. (c) Type III Project Permit. These are Hearing Examiner decisions. The Hearing Examiner may approve, conditionally approve, or deny the application. Type III project permit processing procedures are set forth in Table 040. Examples of Type III permits include nonadministrative conditional use permits, preliminary formal subdivisions, variances, etc. (d) Type IV Project Permit. These are decisions by the City Council after a closed-record hearing. The City Council may approve, conditionally approve, modify and approve or deny the application. Type IV project permit processing procedures are set forth in Table 040. Examples of Type IV permits include site-specific rezones, development agreements, vacation of subdivisions, etc. (e) Table 040 Permit Processing Procedures. Application Type Determination of Completeness Notice of Application Notice of Hearing Notice of Decision Type I Permit No No No No Type II Permit Yes Yes No Yes Type III Permit Yes Yes Yes Yes Type IV Permit Yes Yes Yes Yes Development Agreement No No Yes Yes Final Subdivision1 No No No No Site Specific Rezone2 Yes Yes Yes Yes Stand Alone Nonproject SEPA No No No No 1 The Hearing Examiner holds an open-record hearing for preliminary approval. The Director makes the final administrative decision. 2 The Hearing Examiner holds an open-record hearing. The City Council holds a closed-record hearing for final approval. (Ord. 5345 §2, 2018: Ord. 5301 §3 (Exh. B) (part), 2016: Ord. 5091 §2 (part), 2009: Ord. 4938 §3 (part), 2005) Kitsap County permit type definitions: https://www.codepublishing.com/WA/KitsapCounty/#!/Kitsap21/Kitsap2104.html#21.04.050 Port Orchard permit type definitions: https://www.codepublishing.com/WA/PortOrchard/html/PortOrchard20/PortOrchard2022.html#20.22.020 Poulsbo permit type definitions: https://www.codepublishing.com/WA/Poulsbo/#!/Poulsbo19/Poulsbo1920.html#19.20.010 Anna Mockler City Councilor, District Six 2024 Council Vice-President Audit Committee Chair AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: December 11, 2024 Discussion on Obligation of American Rescue Plan Act (ARPA) Funds COUNCIL MEETING Date: December 18, 2024 Department: Financial Services Presenter: Michael Riley Phone: (360) 473-5303 SUMMARY: Discuss the $1.1 million allocated in the 2024 non-departmental fund for the Bremerton hybrid shelter project. The funds remain unobligated, requiring a discussion to establish obligation criteria and ensure commitment before the December 31, 2024, deadline set by the US Department of Treasury. ATTACHMENTS: National League of Cities (NLC) Article: Countdown to ARPA’s SLFRF Obligation Deadline – Top 5 Insights for Local Governments Added 12/11/24 10:14 AM FISCAL IMPACTS (Include Budgeted Amount): $1,100,000 of Federal ARPA funds STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 A10 Countdown to ARPA’s SLFRF Obligation Deadline: Top 5 Insights for Local Governments By: Dante Moreno The December 31, 2024 deadline for obligating funds under the American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds (SLFRF) program is rapidly approaching. With over $350 billion allocated to state and local governments, ensuring these funds are effectively obligated can make or break the recovery and prosperity of our communities. Here, we detail the top flve insights from the recent Listening Session that the National League of Cities (NLC) and National Association of Counties (NACo) held in partnership with the U.S. Department of Treasury to help local governments meet their goals, with a key focus on the critical area of revenue replacement. You can flnd a recording for the webinar here and the slideshow presented here. 1. Revenue Replacement Is Not Automatic While revenue replacement is the quickest, simplest and most fiexible funding available to municipalities through ARPA SLFRF, there have nevertheless been issues around reporting. All SLFRF recipients can classify at least $10 million of their allocations as revenue replacement or use a formula the Treasury provides to calculate their actual revenue lost because of the pandemic to classify a larger amount. However, a common misconception is that claiming funds under the revenue loss category automatically fulfllls the obligation requirement. Treasury clarifled that revenue loss dollars must be obligated through a two-step process. Moving funds to a general fund without further action does not meet the criteria. • Step One: Report claimed revenue loss: Elect either the $10 million Standard Allowance, up to the award amount, or calculate revenue loss according to the formula provided by Treasury. • Step Two: Report projects under expenditure category 6. These projects must include: o Amount of SLFRF funds budgeted, obligated and expended (when applicable) for that speciflc project. o Project description that summarizes the project in sufficient detail to provide an understanding of the major activities that will occur. 2. Understand What Constitutes an Obligation For SLFRF purposes, an obligation is deflned as a contract, subaward, interagency agreement or similar transaction requiring payment. Payroll expenses for eligible employees may also count if the positions are established by December 31, 2024. If you plan to use interagency agreements, ensure they are flnalized by the obligation deadline and meet Treasury’s speciflc conditions. You can flnd a template for an interagency agreement here. 3. Obligation Deadline =/= Spending Deadline While the December 31, 2024, deadline requires funds to be obligated, spending can continue through December 31, 2026. This means you can align obligations with long-term priorities, such as workforce development, infrastructure and affordable housing—as long as the obligations are flnalized by December 31, 2024. Key Opportunity: Consider personnel costs and multi-year contracts that align with your community’s recovery needs. 4. Avoid Common Errors Errors in obligating and reporting SLFRF funds can lead to compliance issues, loss of funding or delays in project implementation. Treasury highlighted several common mistakes to avoid: • Failure to obligate funds by the deadline: Assuming funds claimed as revenue loss or moved into a general fund are automatically obligated without formal actions like contracts or payroll allocations. • Incomplete personnel cost planning: Overlooking the requirement that all eligible positions must be established before December 31, 2024, even if funds will be expended later. • Lack of documentation: Failing to provide detailed project descriptions, timelines or records of obligations, making audits and compliance checks challenging. • Neglecting reporting cycles: Missing key reporting windows to correct errors or update obligations, resulting in unclaimed or non-compliant funds. 5. Check Your Obligation Status Ensure your obligation status is accurate by reviewing your most recent report on the Department of Treasury’s Data Dashboard. To help navigate the portal, Treasury provides an instructional video, which you can access here. It is important to conflrm that Treasury’s records align with your municipality’s internal information. Discrepancies may occur due to: • Previous reporting errors: These can be corrected during your next reporting period. • Recent obligations: Funds obligated since your last reporting cycle may not yet be refiected in Treasury’s records. Local governments have the tools and fiexibility to make transformative investments in their communities. By focusing on proper obligation practices, avoiding common errors and providing robust reporting, you can maximize the impact of ARPA dollars before time runs out. Published for December 11 Study Session Item A10 Public Comments From: Jill Stanton <JStanton@bremertonhousing.org> Sent: Tuesday, December 10, 2024 4:36 PM To: Jeff Coughlin <Jeff.Coughlin@ci.bremerton.wa.us> Subject: Update for City Council Study Session Hi Jeff, Thank you for representing the City of Bremerton on the Hybrid Shelter Development Project and for providing updates to the City Council. Your support and assistance have been crucial to this project. Here is a bullet point list to reference for the upcoming study session.  County has approved CIAH funding ($1.575M) for flexible capital and development use so City of Bremerton can designate more specific use if needed, for example, including Pallet Shelter Village Hard Costs  Project design and management firm procured with final contract approval expected later this December  In a call this week, site owners expressed alignment with the Hybrid Shelter project goals in meeting the needs for our most vulnerable unsheltered residents. They further expressed their desire to partner on this project and requested next steps for continued progress towards site control.  RFP for ALTA survey issued  Preliminary title report requested  Related offer documents being drafted within a week  Securing 2024 pricing on Pallet Shelters with placement of an order projected for the last week of December contingent on timing of site control  RFP for shelter operator has been drafted  Development team has met with community outreach experts  Outreach plan will be implemented following site control plan acceptance/approval Thanks, Jill Jill Stanton | Executive Director jstanton@bremertonhousing.org 360.616.7240 BREMERTON HOUSING AUTHORITY Serving the Bremerton Community for 80 Years 600 Park Avenue, Bremerton, WA 98337 bremertonhousing.org | 360.479.3694 | TRS 7-1-1 This e-mail, related attachments, and any response may be subject to public disclosure under Washington State law. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: December 4, 2024 December 11, 2024 Resolution to adopt the City Council’s 2025 Legislative Priorities COUNCIL MEETING Date: December 18, 2024 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Per the Association of Washington Cities (AWC), cities and towns are home to 65% of Washington’s residents, drive the state’s economy, and provide the most accessible form of government. The success of our cities and towns depends on adequate resources and community-based decision- making to best meet the unique needs of our communities. With the assistance of Bryan McConaughy of BMcConsulting, the City’s State Lobbyist since 2016, the City Council began the process to establish the attached Legislative Priorities to assist them in beginning conversations on the priorities that they have determine are important so as to present a collective message to the Legislators in Olympia -- especially before the AWC City Action Days scheduled in February. ATTACHMENTS: 1) Proposed Resolution Added 12/11/24 9:26 AM 2) AWC’s adopted 2025 City Legislative Priorities 3) Email from Council Member Anna Mockler 4) Email from City of Bremerton Lobbyist Brian McConaughy FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. _____ to adopt the City Council’s 2025 Legislative Priorities. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 04/19/2024 A11 Page 1 of 2 Resolution Document Reference Rev. 01/2023 RESOLUTION NO. ________ A RESOLUTION of the City Council of the City of Bremerton, Washington, setting forth the City’s 2025 state legislative priorities. WHEREAS, on January 13, 2025, the Washington State Legislature will being its 2025 legislative session; and WHEREAS, according to the Association of Washington Cities (AWC), 65% of Washington’s residents live in cities and towns, and cities and towns drive the state’s economy and provide the most accessible form of government; and WHEREAS, the success of cities and towns, including Bremerton, depend on adequate resources and community-based decision-making to meet the unique needs of the community; and WHEREAS, establishing a set of priorities will facilitate efficient and effective communication to state legislators of important issues for the City; and WHEREAS, establishing a set of priorities creates transparency for the public to understand state law issues that are of priority to the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City identifies the following six items as the City’s priorities for the 2025 state legislative session: 1. The AWC 2025 City Legislative Priorities including but not limited to: a. Revising the 1% property tax cap that has been in place for more than 20 years and adopting a new cap tied to inflation and population growth factors, with a limit not to exceed 3%. b. Increasing investments in community behavioral health treatment funding for both capital start-up and operational expenses of community behavioral health facilities. Supporting the continued expansion of the continuum of behavioral health treatment, from crisis stabilization to inpatient to outpatient behavioral health treatment capacity. 2. Funding for the completion of the upland portion of the renovation of Kitsap Lake Park in the amount of $311,000 Capital Budget. This project includes the installation of ADA pathways, picnic shelter overlooking the lake, and accessible children’s playground. Page 2 of 2 Resolution Document Reference Rev. 01/2023 3. Ensuring Warren Ave Bridge funding remains in the current funding cycle of $15M in the 2025-27 and $10M in the 2027-29 budget cycles and seeking additional funding for bridge improvements from new transportation revenue packages. 4. Ensuring the Gorst Corridor Project remains in its current funding cycles and seeking additional funding for this project from new transportation revenue packages. 5. Ensuring continued funding of additional service of the Kitsap Fast Ferries between Bremerton and Seattle in the amount of $3M. 6. Revising the $75,000/$150,000 cap on in-house public works projects and adopting a new cap consistent with the cap on prudent utility management work and tying that cap to inflation. SECTION 2. The issues in this resolution reflect an accurate, but non-exhaustive list of City interests for the 2025 state legislative session. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 20____. JENNIFER CHAMBERLIN, Council President APPROVED AS TO FORM: ATTEST: KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Resolution Rev. 01 2023.doc Fiscal sustainability Revise the arbitrary 1% property tax cap that has been in place for more than 20 years. Adopt a new cap tied to inflation and population growth factors, with a limit not to exceed 3%. This will allow local elected officials the option to adjust the local property tax rate to better serve our communities and keep up with the costs of providing basic services like police, fire, streets, and valued community amenities like parks. Behavioral health treatment capacity Expand funding for grants to establish and support ongoing funding for local behavioral health crisis co-responder programs. Support additional training and certification, and workforce development for co-responders. Seek increased investments in community behavioral health treatment funding – both capital start-up and operational expenses. Support continued expansion of continuum of treatment capacity, from crisis stabilization to inpatient to outpatient and continued expansion of forensic behavioral health treatment capacity. Provide additional mental health support for students. Housing supply Dedicate current funding and explore new funding options, such as the real estate transfer tax, to address needs across the housing continuum, including home ownership, senior, workforce, affordable, and permanent supportive housing. Ensure that funding availability extends to all communities with needs, including small and medium- sized cities and towns in both eastern and western Washington. Public safety Provide more resources and tools to cities and towns to address public safety and criminal justice challenges. Help cities hire new officers by covering 100% of the cost of attending the Basic Law Enforcement Academy (BLEA), and continue to expand existing—and create new—regional BLEA academies. Increase support for public safety and the overall criminal justice system with additional funding for the Municipal Criminal Justice Assistance Account, as well as enhanced local funding tools like the public safety sales tax. Increase programs to reduce gun violence, juvenile crime, and provide more juvenile behavioral health treatment and correctional capacity. Continue to support our officers and other first responders with wellness and injury prevention programs. Infrastructure investment Protect and expand direct and meaningful investments in traditional local infrastructure for needed expansion and ongoing operations and maintenance of aging systems, including expanded and reliable funding for the crucial Public Works Assistance Account. Support sustainable state transportation revenue that includes funding for local preservation, maintenance, and operations. Develop new fiscal tools to build infrastructure to support housing development and growth, including increased funding for the Connecting Housing and Infrastructure Program (CHIP). Expand cities’ ability and flexibility to use the real estate excise tax (REET) for additional capital needs, including maintenance as well as to support affordable housing. 2025 Candice Bock Government Relations Director candiceb@awcnet.org Contact: Association of Washington Cities • 1076 Franklin St SE, Olympia, WA 98501 • 1.800.562.8981 • wacities.org Cities and towns are home to 65% of Washington’s residents, drive the state’s economy, and provide the most accessible form of government. The success of our cities and towns depends on adequate resources and community-based decision-making to best meet the unique needs of our communities. City Legislative Priorities Copyright © 2024 by Association of Washington Cities, Inc. All rights reserved. | 09/18/24 Washington’s 281 cities and towns ask the Legislature to partner with us and act on the following priorities: From:Anna Mockler To:City Council Subject:Legislative Priorities -- 12/4 Study Session Date:Wednesday, December 4, 2024 9:34:13 AM Please distribute to all Council. From Anna Mockler: I don't know what associated costs are for the first two items. If Council decides they're worth pursuing, I recommend we discuss with our community partners. 1. 50-bed chemical detox facility on Kitsap Peninsula. There is none now —a handful of beds at St Michael's with St Michael's restrictions. We need someplace to take people who want to get clean right away. You have to seize the moment. This is something that Jeff and I lobbied for last year. 2. 100 beds for mental health treatment on Kitsap Peninsula. Bremerton has more than its share of need for short-term and long-term mental health beds and treatment. It would really help us out if the state stepped up to fill this gap. We have many non-profit buildings in our city, which don't pay property taxes, making us even less able to provide money to help. 3. Triple the monetary cap on in-house capital projects so we can do more in- house. The grading at Lulu Haddon, for example, could've been done by Public Works —except the cap is in place. Guidance from emails with Dirs. Riley and Knuckey, is that amending RCW 35.22.620(3) would be fiscally conservative, as contracts usually run us three times or more of what it would cost to do capital projects ourselves. Plus the people who do the work are more likely to be around if anything goes wrong down the line, e.g., potholes develop, etc. Therefore, I propose we lobby to raise the cap from $75K to $225K for single- craft, and from $150K to $450K for multiple craft. https://apps.leg.wa.gov/rCW/default.aspx?cite=35.22&full=true#35.22.620 Yours, Anna Anna Mockler City Councilor, District Six 2024 Council Vice-President Audit Committee Chair RCW 35.22.620 Public works or improvements—Limitations on work by public employees—Small works roster—Purchase of reused or recycled materials or products. (1) As used in this section, the term "public works" means as defined in RCW 39.04.010. (2) A first-class city may have public works performed by contract pursuant to public notice and call for competitive bids. As limited by subsection (3) of this section, a first-class city may have public works performed by city employees in any annual or biennial budget period equal to a dollar value not exceeding 10 percent of the public works construction budget, including any amount in a supplemental public works construction budget, over the budget period. The amount of public works that a first-class city has a county perform for it under RCW 35.77.020 shall be included within this 10 percent limitation. If a first-class city has public works performed by public employees in any budget period that are in excess of this 10 percent limitation, the amount in excess of the permitted amount shall be reduced from the otherwise permitted amount of public works that may be performed by public employees for that city in its next budget period. Twenty percent of the motor vehicle fuel tax distributions to that city shall be withheld if two years after the year in which the excess amount of work occurred, the city has failed to so reduce the amount of public works that it has performed by public employees. The amount so withheld shall be distributed to the city when it has demonstrated in its reports to the state auditor that the amount of public works it has performed by public employees has been so reduced. Whenever a first-class city has had public works performed in any budget period up to the maximum permitted amount for that budget period, all remaining public works within that budget period shall be done by contract pursuant to public notice and call for competitive bids. The state auditor shall report to the state treasurer any first-class city that exceeds this amount and the extent to which the city has or has not reduced the amount of public works it has performed by public employees in subsequent years. (3) In addition to the percentage limitation provided in subsection (2) of this section, a first-class city shall not have public employees perform a public works project in excess of $150,000 if more than a single craft or trade is involved with the public works project, or a public works project in excess of $75,500 if only a single craft or trade is involved with the public works project or the public works project is street signalization or street lighting. A public works project means a complete project. The restrictions in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project. However, a first-class city may have its own regularly employed personnel perform work which is an accepted industry practice under prudent utility management without a contract. For purposes of this section, "prudent utility management" means performing work with regularly employed personnel utilizing material of a worth not exceeding $300,000 in value without a contract. This limit on the value of material being utilized in work being performed by regularly employed personnel shall not include the value of individual items of equipment. For purposes of this section, the term "equipment" includes, but is not limited to, conductor, Certified on 7/12/2024 RCW 35.22.620 Page 1 cabling, wire, pipe, or lines used for electrical, water, fiber optic, or telecommunications. (4) In addition to the accounting and recordkeeping requirements contained in RCW 39.04.070, every first-class city annually may prepare a report for the state auditor indicating the total public works construction budget and supplemental public works construction budget for that year, the total construction costs of public works performed by public employees for that year, and the amount of public works that is performed by public employees above or below 10 percent of the total construction budget. However, if a city budgets on a biennial basis, this annual report may indicate the amount of public works that is performed by public employees within the current biennial period that is above or below 10 percent of the total biennial construction budget. Each first-class city with a population of 150,000 or less shall use the form required by RCW 43.09.205 to account and record costs of public works in excess of $5,000 that are not let by contract. (5) The cost of a separate public works project shall be the costs of materials, supplies, equipment, and labor on the construction of that project. The value of the public works budget shall be the value of all the separate public works projects within the budget. (6) The competitive bidding requirements of this section may be waived by the city legislative authority pursuant to RCW 39.04.280 if an exemption contained within that section applies to the work or contract. (7) In lieu of the procedures of subsections (2) and (6) of this section, a first-class city may let contracts using the small works roster process in RCW 39.04.151 through 39.04.154. Whenever possible, the city shall invite at least one proposal from a certified minority or woman contractor who shall otherwise qualify under this section. (8) The allocation of public works projects to be performed by city employees shall not be subject to a collective bargaining agreement. (9) This section does not apply to performance-based contracts, as defined in RCW 39.35A.020(6), that are negotiated under chapter 39.35A RCW. (10) Nothing in this section shall prohibit any first-class city from allowing for preferential purchase of products made from recycled materials or products that may be recycled or reused. (11)(a) Any first-class city may procure public works with a unit priced contract under this section for the purpose of completing anticipated types of work based on hourly rates or unit pricing for one or more categories of work or trades. (b) For the purposes of this section, "unit priced contract" means a competitively bid contract in which public works are anticipated on a recurring basis to meet the business or operational needs of the city, under which the contractor agrees to a fixed period indefinite quantity delivery of work, at a defined unit price for each category of work. (c) Unit priced contracts must be executed for an initial contract term not to exceed three years, with the city having the option of extending or renewing the unit priced contract for one additional year. (d) Invitations for unit price bids shall include, for purposes of the bid evaluation, estimated quantities of the anticipated types of work or trades, and specify how the city will issue or release work Certified on 7/12/2024 RCW 35.22.620 Page 2 assignments, work orders, or task authorizations pursuant to a unit priced contract for projects, tasks, or other work based on the hourly rates or unit prices bid by the contractor. Contracts must be awarded to the lowest responsible bidder as per RCW 39.04.010. Whenever possible, the city must invite at least one proposal from a certified minority or woman contractor who otherwise qualifies under this section. (e) Unit price contractors shall pay prevailing wages for all work that would otherwise be subject to the requirements of chapter 39.12 RCW. Prevailing wages for all work performed pursuant to each work order must be the prevailing wage rates in effect at the beginning date for each contract year. Unit priced contracts must have prevailing wage rates updated annually. Intents and affidavits for prevailing wages paid must be submitted annually for all work completed within the previous 12-month period of the unit priced contract. (12) For the purposes of this section, "lowest responsible bidder" means a bid that meets the criteria under RCW 39.04.350 and has the lowest bid; provided, that if the city issues a written finding that the lowest bidder has delivered a project to the city within the last three years which was late, over budget, or did not meet specifications, and the city does not find in writing that such bidder has shown how they would improve performance to be likely to meet project specifications then the city may choose the second lowest bidder whose bid is within five percent of the lowest bid and meets the same criteria as the lowest bidder. [2023 c 395 s 20; 2023 c 255 s 3; 2019 c 434 s 11; 2018 c 74 s 1; 2012 1st sp.s. c 5 s 1; 2009 c 229 s 3; 2002 c 94 s 1; 2000 c 138 s 203; 1998 c 278 s 2; 1993 c 198 s 9; 1989 c 431 s 59; 1987 c 120 s 1. Prior: 1985 c 219 s 1; 1985 c 169 s 6; 1979 ex.s. c 89 s 1; 1975 1st ex.s. c 56 s 1.] Reviser's note: This section was amended by 2023 c 255 s 3 and by 2023 c 395 s 20, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—2023 c 395 ss 1-30, 32-34, 36, and 37: See note following RCW 39.04.010. Findings—Intent—2023 c 395: See note following RCW 39.04.010. Effective date—2023 c 255 ss 1-5: See note following RCW 54.04.070. Finding—Intent—2019 c 434: See note following RCW 35.23.352. Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.010. Competitive bidding violations by municipal officer, penalties: RCW 39.30.020. Subcontractors to be identified by bidder, when: RCW 39.30.060. Certified on 7/12/2024 RCW 35.22.620 Page 3 From:Bryan McConaughy/BMcConsulting To:Lori Smith Subject:Can you share with the Council Date:Tuesday, December 3, 2024 2:22:52 PM Attachments:Kitsap Lake Renovation Capital Budget Request.docx CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Councilors, as you discuss developing a legislative agenda, I would ask that you include the Mayor's top 3 priorities listed below. Kitsap Lake funding – seeking $311,000 in the 2025-2027 Capital Budget. The requested amount will go towards completing the upland portion of the park, including the ADA pathways, picnic shelter overlooking the lake, and accessible children’s playground. A one-page overview is attached to this e-mail. Ensuring Warren Ave Bridge funding remains in the current funding cycle of $15M in the 2025-27 and $10M in the 2027-29 budget cycles. If there is a new transportation revenue package, seek additional support for bridge projects that tie into the bridge improvements. The Gorst Corridor project needs to stay in its current funding cycles and if there is a new transportation revenue package, seek additional funds for this project. This project will need significant funding beyond the initial $75M that has been allocated. BMcConsulting bryan@bmcconsulting.net (206) 953-6026 Kitsap Lake Park Renovation Project ASK: $311,000 in the 2025-2027 Capital Budget. The requested amount will go towards completing the upland portion of the park, including the ADA pathways, picnic shelter overlooking the lake, and accessible children’s playground. Background: A dilapidated flshing dock and deteriorating boat launch will be replaced under a $1.6 million facelift planned for Kitsap Lake Park. Other improvements to the park will include upgrades to the restroom, seating improvements along the lake, improvements in parkways and pathways that will make the park more accessible to people with disabilities, a new picnic shelter. Beyond the launch, the flshing dock, pathways, restroom facilities and parking will also be ADA-accessible, enabling the Heroes on the Water program to continue to allow disabled veterans to enjoy water sports at the lake. The new flshing dock will be flsh-friendly — slatted to provide sunlight to the water's surface — and include structural improvements to ensure safe public access. Fishermen take to the lake year-round, and more than 50 boats a day use the launch during the peak of the season for a variety of water activities. Previous State Support: Bremerton was awarded a $438,000 Washington’s Recreation and Conservation Office (RCO), via its “aquatic lands enhancement account.” The 2022 Capital Budget included $258,000 in the Local Projects account. The RCO Boating Facility Program Grant awarded the project $556,200. DESCRIPTION OF WORK: The work to be completed under this Contract provides for the improvement of Kitsap Lake Park which is divided into the following six schedules: Schedule A.1 – Demolition, earthwork, curbing, concrete walkways, concrete slabs, block walls, asphalt pavement, striping, signing, steel piles, flshing fioat, prefabricated flxed pier and gangway, and outdoor shower. Schedule A.2 – Demolition, earthwork, inflltration trench, concrete walkways, concrete slabs, asphalt pavement, striping, signing, and pre-engineered owner provided picnic shelter. Schedule B – Demolition, earthwork, curbing, concrete walkways, concrete slabs, asphalt pavement, striping, boat ramp, boat ramp fioat, and steel piles. Schedule C – Earthwork, storm berm, storm sewer and treatment vault. Schedule D – Demolition, earthwork, construction of subdrains, curbing, concrete walkways, concrete slabs, stairs, and seat wall. Schedule E – Bid alternative substituting commercial HMA instead of concrete walkways Schedule F – Bid additive for powder coat flnish on stair and ramp railings. All work shall be performed in accordance with the Contract Plans, these Contract Provisions, and the Standard Speciflcations. Total cost of the project: $2,015,704 ACTION STEPS 2024 – 2025 City Council Goals & Priorities As established by input at the Joint Planning Session on Feb. 24, 2024 and approved on Apr. 3, 2024 Community & Employee Engagement 1.Support development of Diversity, Equity, & Inclusion position Whole COMPLETED 2.Increase public engagement i. Hold district meetings on Comprehensive Plan Individual Pending Issue of District Digest from DCD ii. Develop FAQs for Council website Ad-Hoc: Anna, Michael, Jeff COMPLETED iii. Public outreach pre-budget season Finance In progress, discuss again “in September” iv. Re-establish outreach program with Bremerton High School Ad-Hoc: Jane, Jennifer, Michael Contact made by Council President Economic Development 3.Continue work with the Greater Kitsap Chamber, Kitsap Economic Development Alliance, Downtown Bremerton Association, etc. to promote economic development initiatives Whole COMPLETED/ONGOING 4.Promote economic development initiatives Whole i – iv i. Bremerton Creative District COMPLETED ii. Main Street Certification IN PROGRESS iii. Historic preservation policy Ad Hoc: Jeff, Jane, Denise iv. Chronically vacant building policy development September 11 Study Session (before Budget) v.Incentives & funding for commercial areas Finance Due to the many issues/topics connected to this| Goal, Council President to connect with DCD a.Wheaton Way b.Charleston District Housing Equity 5.Ensure rental housing standards are met Audit REPORT COMPLETED; Ordinance scheduled for September 11 Study Session 6.Explore feasibility of using surplus city-owned parcels for affordable housing projects Audit REPORT COMPLETED; Discussion scheduled for August 27 Finance Committee 7.Support creative humane housing solutions for wide variety of housing types i. Support community partners in development of low-barrier hybrid shelter and low-income housing Whole ONGOING; Comprehensive Plan Update Process ii. Continue to support creation of “missing middle” housing Whole ONGOING; Comprehensive Plan Update Process iii. Review income levels for 12- and 20-year Multi-Family Tax Exemption Finance Possible Discussion during Budget Process in 2025 or in 2026 Parks and Environmental Stewardship 8.Develop policies that encourage environmental stewardship Ad Hoc: Jane, Anna, Jennifer 9.Continue support of Kitsap Lake Water Quality Program Whole COMPLETED; ONGOING 10.Support sustainable funding for Parks operations Whole Discussion during Budget Process Continued on next page… DRAFT UPDATE 8/16/24 CG B1 Public Safety and Support 11. Increase public safety funding Public Safety Scheduled as standing item at Public Safety Committee 12. Monitor impact of current public safety policies and programs Public Safety ONGOING; Reports provided to Public Safety Committee Transportation and Multimodal Support 13. Increase residential street maintenance funding Public Works Discussion at Public Works Committee 14. Establish ranking system for scoring transportation projects in collaboration with Public Works Public Works ONGOING 15. Prioritize multimodal connectivity Public Works ii – v i. Trail network throughout Bremerton Whole Comprehensive Plan Update Process ii. Development of Jarstad Park to Kitsap Lake Trail ONGOING iii. Warren Ave bridge ONGOING iv. Prioritize data-based traffic-calming policy prioritizing pedestrians and cyclists ONGOING