HomeMy WebLinkAbout11/04/2015 AGENDA - ,
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CITY COl1NCIL 345 6th Street, Suite 600, Bremerton, WA 98337 � Phone (360)473-5280
NOVEMBER 4, 2015 ,
CITY COUNCIL MEETING AGENDA : �
1. BRIEFING: 5:00— 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. POLICE DEPARTMENT BRIEFING —Police Chief Steve Strachan
5. KEDA BRIEFIfVG—John Powers, Executive Director, Kitsap Economic Developmenf Alliance
6. PUBLIC RECOGNITION -
7. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting — October 21, 2015
C. Minutes of Budget Workshop—October 26, 2015
D. Minutes of Budget Workshop—October 27, 2015
E. Minutes of Study Session —October 28, 2015
F. Renewal of Lease Agreement with Pitney Bowes for a Connect +2000 Mailing System and
OfficeRight D1200 Folder
G. 2016 Office of Public Defense (OPD) Grant for Public Defense and the Bremerton
Municipal Court
H. Professional Services Agreement with HDR, Inc. for ReseFvoir No. 4 Cover Replacement
Design
I. Concession Agreement with Kitsap Community Resources (KCR)
J. Ordinance No. 5286 to amend Section 10.04.034 of the Bremerton Municipal Code (BMC)
entitled "Inattention to Driving"
8. GENERAL BUSINESS— There are no General 8usiness items tonight...
9. COUNCIL MEMBER REPORTS
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
�Americans with Disabilities Act(ADA)accommodations provided upon request. Those requiring special
accommodations please contact the City Clerk at(360) 473-5323 by noon on the day preceding the Meeting.
BREMERTON CITY COUNCIL
MEETING SPEAKERS LIST
"Now that the Election Season is here,please be aware that per the
Bremerton Citv Council Rules d� Procedures, discussion of ballot issues is
prohibited after the issue has qualified for the ballot; and all announcements
or advertising concerning candidates is also prohibited..."
PLEASE PRINT YOUR NAME BELOW
IF YOU WISIT YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
��an M�bb�l- ��ea�� �� �,o� DJr�var� S�w� �l�
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REQUESTS FOR INFORMATION MUST BE SUBMI'TTED IN WRITING TO TI�E CLERK
THANK YOU
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World Pancreatic Cancer Da
Y
November 13, 2015
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IN RAISING AWARENESS OF PANCREATIC CANCER
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' �1-� PANCREATIC
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ACTION
NETWORK
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.pancan .or
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oye�ber �6- z�
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� �t�t� R &
�oM�.E�s��ss
A�,���E�� w�K
.�;Y _ .
WEEKL� EVEP�TS ACEI�C�A
� Monday ^' November 15th "' 12:�a PM
Chili & �ornbread Lunch & Services
`Blessing of the Hats and Scar�es'
Rides from The Sahraiion Army start at 11:30�IM
LOCATION:
Bremerton United Me�thodist Church
1150 Marine Drive
�remerton,WA 98312 -
Saturday "' November 21st ~ Starting at 1a:�a AM
- 'Hunger & Homelessness Awareness March'
We will all meet at:`Qur Lady Star af the Sea Church' 1513 �
6th St, Bremerton, WA 98337 at 10:00 AM and march to
Norm Dicks Center. Please Bring donations of non-
perishable faod and outdoor/winter clothing/footwear.
rn T�+l�omor of n�s. s�Iry sian�ar�
� ����' s � Sponsored by:
j � �' �� � The Kitsap Interfaith Network,
t ' � �� °� �' The Salnation Army �
� P The Bremerton Foodline
I � � �reo��
AMERICAN
KITSAP � FINANCIAL
�;�,.���.k��..�:�. �.��..�f.�t SOLUTIONS
BREMERTON HARBORSIOE
a local nonprofit credit counseling agency
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Homeownership is within reach with our
two night First-Time Home Buyer class
The City of Bremerton in partnership with Kitsap Conference Center and
American Financial Solutions is offering a fs�e First Time Home Buyers Class,
courtesy of HomeStreet Hometown Program, that will help you to prepare
for homeownership! And provide you a WSHFC certificate upon completion.
Learn about the City of Bremerton Down Payment Assistance Program, up to
$20,000 for home purchase within the city limits.
We invite you to join us as we cover the
� following topics:
• The home buying process
� • Roles of the lender and the realtor
• Current state of the housing market
• Your down payment assistance options
• Incentives for homebuyers
• Q&A with a Hometown mortgage expert
Where: Norm Dick's Government Center, Main Floor Council Chambers
When:Thurs Nov 19 & Fri Nov 20 6pm-8:30pm (both evenings)
Meal provided
For more information or to register:
call the Hometown Hotline at 866.309.6790 or go to
www.homestreet.com/FTHBclass
�
FDIC EOUAL NG
[HomeStreet]A�inity Lending LENDER
m2015 HomeStreet,Inc All Rights Reserved.HOMESTREET and the HOMESTREET
Hometown Home Loan Program LOGO are reg�stered trademarks of HomeStreet,lnc
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3�d Quarter 2015 Economic Development Report
/ E C O N O M i C City of Bremerton
� D E V E LO P M E N T July 1, 2015—September 30, 2015
y� ALLIANCE
BUSINE55 RETENTION, EXPANSION AND ATTRACTION (BRER)—Q3
Retain, Expand and Assist Primary Businesses in Kitsap County
BRER Assistance Q3 Q2 Qi YTD Total yTp y Annual
Goal
Information research and referrals 58 55 98 211 106% 200
Companies assisted 32 29 37 98 65% 150
Visits and presentations 33 26 26 85 85% 100
Start-up assistance 5 4 3 12 40% 30
Early stage technology firms
contacted 1 1 0 2 20% 10
Early stage technology assisted 1 1 0 2 40% 5
__...------...--- .._..._-- --._. �--- --- - ----------._._...._.. ------ - - ----- ----.. .. -:
; Early stage ;
i Start-u technology ;
p firms contacted Early sta�e i
� assistance o —teci�a�olagy �
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' 4% assisted �
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; Vis'sts and Information �
;
i presentations_,—�� research and I
� z5°� referrals `
;
j � 44% ,
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� assisted `
25, BRER ASSISTANCE Q3 2015;
; Q3 Assistance �
, �
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8ainbridge Island Bremerton Kitsap County Port Orchard Poulsbo
■BRE/PTAC ■PTAC cla ents(by location) n Recruitment ■Inquiries&Reports ■TOTALS
Page � 1
E CO N O M I C 3�d Quarter 2015 Economic Development Report
City of Bremerton
� �: D E V E LO P M E N T July 1, 2015—September 30, 2015
,.
�y ALLtANCE
BUSINESS ATTRACTION ACTIVITY
�. .� - . ...
.
8/17/2015 Projett Bulwark Q3 2015: request for"plug and play"customer service call center; no match found
7/8/2015 PAS 9 Q3 2015: PAS follow up email
7/7/2015 FDl l Q3 2015:follow up with PAS partner from Seattle regarding potential FDI leads
7/7/2015 PAS 7 Q3 2015: PAS follow up email
6/15/2015 PAS 2 q2 2015:PAS lead; CA firm with small Bothell office seeking site NOT on Seattle side;
potential site visit summer 2015 Q3 2015:follow up phone call;site visit delayed
6/15/2015 PAS 4 Q2 2015: Econ Dev agency met at PAS that will work with clients interested in NW
and pass them on Q3 2015:follow up email
6/15/2015 PAS 5 Q2 2015: PAS lead; French company that sought out KADA; possible expansion Q3
2015:follow up email
6/15/2015 PAS 6 Q2 2015: PAS lead; Irish firm considering expansion to WA for Boeing business Q3
2015:follow up email
OTHER RECRUITMENT ACTIVITY—Q3
� Follow up with PAS lead;client moved back Kitsap visit based on needs in California
• Follow up with contacts made at Paris Air Show with personalized emails from team members
• Hosted two procurement events
■ Meet the Buyers at Olympic College—July 29
■ Kitsap—20 companies
■ WA state(not KitsapJ—44 companies
■ Out of state—3 companies
■ NAVFAC NW Industry Outreach at Keyport Museum—August 10
■ Kitsap—6 companies
■ WA staie(not KitsapJ—36 companies
■ Oui of state—17 companies
• Preliminary discussion/planning regarding NUWC Keyport Industry Day 2016
• Set meeting date in October for defense contractor wishing to expand in region
• Hosted and/or presented at PTAC(Procurement and Technical Assistance Center)workshops which draw attendees
from outside the county
■ Contracting Coffee Hour(5 total)
■ Reviewing a Technical Proposal
■ Contractors Rights and Responsibilities
■ Pre Proposal Inquiries
■ Prime Outreach: Being a Subcontractor(Part 3)
• Actively involved with Washington Military Alliance and other activities being coordinated by Kristine' Reeves
- • KEDA's PTAC(Procurement Technical Assistance Center) works with clients outside Kitsap and is always listening for
potential expansion or relocation opportunities for follow up
• Continued follow up FDI leads
• Continued#KitsapConnected Digital Ambassador Program
• Continued Kitsap promotion via news releases,twitter and Facebook
Page � 2
E C O N O M I C 3`� Quarter 2015 Economic Development Report
City of Bremerton
i, D E V E LO P M E N T July 1, 2015—September 30, 2015
�y,} ALLIANCE
BUSINESS RETENTION AND EXPANSION ACTIVITY—SELECTED CASES
SITE VISITS/COUNSEIING SESSIONS:
NOTE:In the following posts,PTAC stands for Procurement Technical Assistance Center
� . -
• • - •
. - • �
8/10/15 Construction 30 Q3 2015:attended NAVFAC Industry Day
7/29/15 PTAC Construction 1 Q3 2015:attended Meet the Buyers;attended NAVFAC NW outreach
7/9/15 Clean Tech 6 Q3 2015:site visit with new company with goal of creating manufacturing
facility;currently working on R&D component
7/1/15 Professional Services 15 Q3 2015:attended July contracting coffee hour
1/4/15 Business Services 61 Ql 2015: attended Jan and Feb contracting coffee hour;attended Korte
Construction Outreach Q3 2015:attended PTAC events
6/5/14 Transportation Q2 2014:site visit re expansion of services Q3 2015:working with client on
expansion plan;client providing RFPs for distribution in PTAC network
5/27/14 Consultant 8 Q2 2014: client has a few businesses and interested in selling to the
government. Provided info on PTAC as well as SAM Q2 2015:attended May
and June Contracting Coffee Hours;attended Small Finance for
Government Contractors Q3 2015: attended luly contracting coffee hour
1/7/14 Technology 5 Q12014: New business seeking assistance with government contracting.
Provided SAM guide and capability statement template.Attended January
"selling to the Navy workshop";Ql:Site visit with details on company goals
and plans;seeking investment capital Q12015:attended Jan Feb and
March contracting coffee hour; reviewed capability statement q2 2015:
attended Being a Subcontractor class, part 1;attended May contracting
coffee hour Q3 2015:attended contracting coffee hour;attended
Reviewing a Technical Proposal;site visit and follow up for new regional
briefing outreach
11/20/13 Transportation 5 Q4:Attended Government Contracting 101 workshop q1 2004:sent lead on
subcontracting opportunity Q2 2014:signed up for BidMatch Q3: client
came to tweak bid-match keywords; updated on other services Q4:
Attended contracting coffee hour in Nov and Dec;advised on D565 and
� prime contractors;Ql 2015: attended Overhead Pricing workshop;
forwarded contact info for Chugach subcontracting;attended Feb
contracting coffee hour;Q2 2015:attended June Contracting Coffee Hour
Q3 2015:attended Meet the Buyers;provided assistance on rapidgate
inquiry
10/9/13 Consultant 3 Q4: Met with new NAVFAC small business officer at KEDA Q3 2014:
attended Govt 101 workshop Q3 2015:attended NAVFAC NW Outreach
event
Page � 3
E C O N O M I C 3`� Quarter 2015 Economic Development Report
� D E V E LO P M E N T City of Bremerton
i.. July 1, 2015—September 30, 2015
!;; ALIIANCE
1`
6/6/12 Supplier June:Attended PTAC class Govt 101 with emphasis on Woman Owned
Business certification;goal is to increase DoD contracts--currently only
selling in Kitsap Oct: client requested review of DIBBS contract; Mary 10
followed up Q2 2015:client ready to move from home to small warehouse;
conducting search for sublease. Referred to SBA tender to purchase if no
sublease found;attended May and June Contracting Coffee Hours;Q3
2015:one on one assistance with capability statement;attended PTAC
events;referral for contract
9/12/11 Business Services 9 Q3 2013: attended KBR Industry Days after stafF contact Q2 2014: met with
new business dev staff; provided insight on marketing and research;
followed up with list of networking events;attended Keyport Industry Day
Q3 2014: Introduced to new owner;outlined KEDA and PTAC services;
attended Govt 101 PTAC class Q4: Attended contracting coffee hour Q3
2015:attended Meet the Buyers
1/12/10 Professional Services 1 PTAC client 2012:Attended Kiewit Outreach event for EHW2;sent email re
(2010) upcoming Walsh construction bid seeking subs Attended Keyport Industry
Day; counseled re business succession planning Q12013: attended "selling
to the Navy"workshop; met with Mary Jo for general session; referred
c�ient to regional transportation center for small business cert Q3: Met for
follow up on status; reviewed talent needs;Q4:follow up on business plan
and future growth Q12014:Sent client info on new WA State Small Business
certification in response to prior inquiry Q2 2014: new staff member
attended Govt 101 and line card class;follow up with client re BidMatch
and marketing/research;made arrangements for intro to Whidbey Island
small business folks;Introduced to prime contractor Q3 2014:attended
being a subcontractor parts 2 and 3 q4:worked with client on RFP and
helped determine areas to address Ql 2015: attended contracting coffee
hour;forwarded info on SBIR website"down"time;worked with client on
SAM challenges and review of capability statement.Attended Korte
Outreach;Small MACC workshop;attended Feb contracting coffee hour Q2
2015: attended April contracting coffee hour;attended July contracting
coffee hour Q3 2015:attended July Contracting coffee hour a and b;
attended Meet the Buyers;attended NAVFAC NW Outreach
OTHER BRE ACTIVITIES—Q3
• Created tech committee to address tech sector needs
• Preparation and final details for Global Entrepreneurship Week in November
• Attended Green Drinks networking event for connections and follow up
• Reviewed WA Dept. of Commerce RFP responses for"Assessment and Forecasting for the Military&Defense
Sector; provided input to state office
• Hosted two procurement events
■ Meet the Buyers at Olympic College—July 29
■ Kiisap—20 companies
■ WA state(not Kitsap)—44 companies
■ Out of state—3 companies
■ NAVFAC NW Industry Outreach at Keyport Museum—August 10
Page � 4
� E C O N O M I C 3'� Quarter 2015 Economic Development Report
, City of Bremerton
D E V E l0 P M E N T July 1, 2015—September 30, 2015
ALLIANCE
■ Kitsap—6 companies
■ WA state (not Kitsap)—36 companies
■ Out of state—17 companies
• Preliminary discussion/planning regarding NUWC Keyport Industry Day 2016
• Hosted and/or presented at PTAC(Procurement and Technical Assistance Center)workshops
■ Contracting Coffee Hour(5 total)
■ Reviewing a Technical Proposal
■ Contractors Rights and Responsibilities
■ Pre Proposal Inquiries
■ Prime Outreach: Being a Subcontractor(Part 3)
• Presentations to business owner groups
■ Paris Air Show debrief to jurisdictions and Kitsap Commercial Investment Brokers
■ Washington Military Alliance
• Provided demographics and referrals for startups
■ WA State online licensing guide
■ Workforce
• Provided data for following:
■ Top employers
■ Green Drinks
■ SAM (System for Award Management) registration for federal contracting
■ Subcontractors list
■ EEO/Affirmative action
• Helped coordinate three(3) Kitsap Business Forums
• Continued#KitsapConnected Digital Ambassador Program
• Continued Kitsap promotion via news releases,twitter and Facebook
• Continued updates of KEDA website, KEDA Facebook page, Pinterest boards and KEDA Twitter account
MARKETING AND OUTREACH—Q3
• Submitted reservation for PNAA program advertisement
• Wrote editorial for September/October"Expansion Solutions" magazine;coordinated payment with KADA
partners
• Kitsap economic indicators updated
• Monthly columns on Kitsap economic development in Kitsap Peninsula Business Journal with links from KEDA
blog(website),twitter and Facebook
• Produced e-newsletters;sent to Kitsap businesses(including port tenants)with timely business information and
contracting opportunities
• Continued posts on KEDA Facebook,Twitter, Linkedln and Pinterest accounts with new followers weekly
Page � 5
E CO N O M I C 3�d Quarter 2015 Economic Development Report
City of Bremerton
: 0 E V E LO P M E N T July 1, 2015—September 30, 2015
. `;, ALLtANCE
IS
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KEDA Social Media Activity kitsapeda.org Unique Visits
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Talk to someone about:
• Improving your credit& reducing debt
• Ways to build your credit • � �
• Banking opportunities & 2nd chance banking
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• College opportunities-help with FAFSA
• Training and job resources
• Starting your own business ' � � ;
� � � .
• Low-income homeownership programs
• First time home buyer information
• Find out about low-income free legal assistance
• Earned Income Tax Credit(EITC) -do you qualify? � �
• DSHS -do you qualify for state benefits? ' .
• Additional resources available! �
DATE: Sa�turday, November 7, 2015
TIME: 9:30 am - 1 :30 pm (Open House)
LOCATION: Kitsap Community Resources
845 8th Street
Bremerton, WA
(360) 478-2301
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Visit: www.kitsapabc.org or www.kcr.org �
Asset Building Coalition of Kitsap
District 2
C om�nuni Meetin
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Hosted by Council Member Leslie Dal�gs
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Thursda November 12 2015
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S:OOto7:00PM
��i��o��i��i��i��i��i o�i��i��i��i��i��i��i��o��i��i��e��i�°���i��i
♦ ♦ ♦ ♦ ♦ • • • ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦
� Co�i�ecting�Communities
And �Iow It Affects East Breme�ton . . .
Featuring Ed Coviello
Kitsap Transit Transportatio�c d� Land Use Plannea�
.•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•..•.
. . . . . . . . . . . . . . . . . . . . . .
This meeting will be held an the Conference Room at
Habita� for I�umanity of Kitsap County
3559 Wheaton Way
Formor�inforinataon,please call (360) 4�73,5280
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Manette Playfield Master Plan - Design Workshop
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Bremerton Senior Center @ 1140 Nipsic Ave
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� AGENDA BILL ��
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Claims & Check Register Study Session Date:
COUNCIL MEETING Date: November 4, 2015
Department: Financial Services
Presenter: Shannon Corin
Phone: 473-5323
SUMMARY:
Approval of the following checks and electronic fund transfers:
1) Check#'s 364774 through 365971 and EFT's 15433 through 15470 in the amount of
$1,525,919.99.
2) Regular Payroll for the pay period ending October 15, 2015 in the amount of$668.37.
3) Retiree Payroll for the pay period ending October 31, 2015 in the amount of$74,250.93.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the consent agenda as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
AGENDA BILL � B
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Meeting - Study Session Date: N/A
October 21, 2015 COUNCIL MEETING Date: November 4, 2015
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Meeting on October 21, 2015.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): N/A
STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, October 21, 2015
The weekly meeting of the Bremerton City Council was called to order.Wednesday, October 21,
2015, at 5:00 PM I11 COUIIC11 C011f@I'@f1C@ ROOt1l 603 Of th@ NORM DICKS GOVERNMENT CENTER, 345
6'h Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council
Members present were Eric Younger, Roy Runyon, Jerry McDonald, and Pat Sullivan. Council
Members Dino Davis and Leslie Daugs were absent. Also present were City Attorney Roger
Lubovich; City Clerk Shannon Corin; Council Assistant Christine Grenier; and Hans Nilsson,
Information Services Lead PC Technician.
A Courvci�BRiEFiN� was held to discuss General Council Business at 5:00 PM in the Council
Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers.
President Wheeler announced that Council Member Pat Sullivan will lead the Pledge of
Allegiance; and Reverend David Stewart of Mount Zion Missionary Baptist Church will provide the
invocation.
POLICE OATH OF OFFICE CEREMONY —Police Chief Steven Strachan
Police Officer Kellv Meade was brought forward a Municipal Court Judae James Docter to
administer the Oath of Office promoting Officer Meade to Sergeant.
POLICE DEPARTMENT—Police Chief Steven Strachan
A monthly update was provided on Police Department operations; and then Tom Danaher was
brought forward to provide an update on the BCAPS Program. A shirt was presented to Mavor
Lent who will be joining the community volunteer effort.
MAYOR'S REPORT—Mayor Patty Lent
• Proclaimed November 1, 2015 as "Extra Mile Day" and acknowledged volunteers from the
Beautify Bremerton Clean-Up;
• Announced the Bremerton Symphony Chamber Concert on Saturday, October 24 beginning at
7:30 PM at the Poulsbo First Lutheran Church; and a Fundraiser to be held on Sunday, October
25 at 3:00 pm at the Kitsap Conference Center;
• Looked forward to the Kitsap Community Health Priorities (KCHP) Annual Summit on Monday,
October 26 from 10:00 AM to 12:00 PM at the Kitsap Conference Center;
• Announced the 19th Annual Safe Halloween "Trick or Treat on the Street" on Saturday, October
31 from 5:00 to 8:00 PM along Pacific Avenue;
• Proclaimed October 22, 2015 as "Lights On After School Day"which was accepted by
Alvson Rotter, Bremerton School Board Member, on behalf of West Hills, View Ridge and
Armin Jahr Elementary Schools; and
� Shared that there are still spaces available for interested residents or Bremerton or Kitsap
County in next year's delegation to Sister City Kure, Japan departing on April 26, 2016.
PUBLIC RECOGNITION
Gale Gillespie reported that he attended a recent Parks Commission Meeting where he tried to get
feedback on how to locate funding for Lions Park equipment.
Richard Huddv, Parks & Recreation Commission, met recently with Mr. Gillespie to discuss his
concerns; and emphasized that the Commission will be reviewing the Master Plan for facilities at
Lions Park to determine if any changes need to be made.
City Council Reg. Mtg. Minutes
Wednesday, October 21, 2015
Page 2 of 3
CONSENT AGENDA
7A— Claim & Check #'s 365622 through 365773 and EFT's 15379 through 15432 in the amount
of $2,806,490.86; Regular Payroll (Pay Out) for the pay period ending September 30, 2015
in the amount of $2,801.23; Regular Payroll for the pay period ending October 15, 2015 in
the amount of $724,893.47; and Retiree Payroll for the pay period ending, 2015 in the
amount of $
7B— Minutes of Meeting —October 7, 2015
7C — Minutes of Study Session —October 14, 2015
7D— Second Amendment to the Cart Pad Lease Agreement for Gold Mountain Golf Course
There were no questions or commenfs from the public...
06:06:21 M/S/C/U (Runyon/Younger) Move to approve the CoNSENT AGENOA as presented.
GENERAL BUSINESS
8A— INTERLOCAL AGREEMENT WITH THE PORT OF BREMERTON FOR CONSTRUCTION OF
AN ACCESSIBLE PARKING SPACE (ADA COMPLIANT CURB RAMPI AT THE EAST END OF
2 STREET: Tom Knuckev, City Engineer, explained that the City received a request for an
Accessible curb ramp at the east end of Second Street adjacent to the entrance of the Louis Mentor
Boardwalk. All parking in that location is owned by the Port of Bremerton and posted for Marina use
only, and the closest accessible ramp is located on Washington Avenue. To address the request,
the City and Port have negotiated an Interlocal Agreement with the City completing the design and
construction, and the Port reimbursing the City for the construction cost. The ramp is proposed to
be designed and constructed with the Bremerton Crosswalk Improvement project which is
scheduled for construction in 2016.
There were no comments from the public...
06:10:28 Motion was made by Younger, and seconded by Runyon...Questions were asked by
Runyon; wifh responses provided by Mr. Knuckev...
06:11:47 M/S/C/U (Younger/Runyon) Move to approve the Interlocal Agreement with the Port of
Bremerton for Construction of an Accessible Parking Space at the East End of Second Street and
authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
8B— LOCAL AGENCY AGREEMENT WITH WSDOT FOR A"SAFE ROUTES TO SCHOOL"
GRANT TO BE USED FOR THE CROWNHILL ELEMENTARY SIDEWALKS SCHOOL: Tom
Knuckev, City Engineer summarized that the City has been awarded a $545,000 Safe Routes to
School grant to design and construct sidewalks and crosswalk improvements near Crownhill
Elementary. The project will design and construct new sidewalks along the east side of Marine
Drive between Rocky Point Road and Bertha Avenue and along Dora Avenue making connections
between existing sidewalks and the school, as well as a new crosswalk and enhanced safety
features at the intersection of Marine Drive and Dora Avenue. This grant is in WSDOT standard
form (Local Agency Agreement or LAA) with their standard terms and conditions. The LAA for
design is attached; the LAA for construction will be received upon WSDOT approval of the design.
There were no comments from the public...
06:16:17 Motion was made by Runyon, and seconded by McDonald...Comments were provided by
Runyon; and Questions were asked by Runyon; with responses provided by Mr. Knuckev...
City Council Reg. Mtg. Minutes
Wednesday, October 21, 2015
Page 3 of 3
06:17:22 M/S/C/U (Runyon/McDonald) Move to approve Local Agency Agreements with WSDOT
for the Crownhill Elementary Sidewalks Safe Routes to Schools project and authorize the Mayor to
finalize and execute the agreements with substantially the same terms and conditions as presented.
COUNCIL MEMBER REPORTS
Pat Sullivan thanked volunteers and the Parks & Recreation Department for their long time efforts
on Lions Park Clean-Ups; encouraged people to shop local and to visit holiday craft fairs; and hoped
everyone has a very safe Halloween.
Grea Wheeler announced on behalf of Leslie Daugs that the next District 2 Community Meeting will
be on Thursday, October 22 from 5:00 to 7:00 PM in the Lounge at the Sheridan Park Community
Center and will feature guest speakers Andrea Spencer, Community Development Director and
Chal Martin, Public Works & Utilities Director to discuss the "East Park Neighborhood". He then
announced that all volunteers would be welcomed at the next Kiwanis Park Work Party on Saturday,
October 24 from 9:00 to 11:00 AM; and reported that Council Member Dino Davis is attending the
Infrastructure Assistance Coordinating Council (IACC) Conference in Wenatchee today with Public
Works Director Chal Martin to receive an award on behalf of the City's Public Works & Utilities
Department in recognition for the Lower Wheaton Way Transportation Project and the Drinking
Water Ultra Violet (UV) Purification Project.
With no further business, President Wheeler adjourned the Council Meeting at 6:22 PM.
Prepared and Submitted by:
�
-, .
CHRlSTINE G NIER
Council Assistant
Attest:
SHANNON CORIN, City Clerk
�
GREG WHEELER, City Council President
GW:SC:Is:cg
AGENDA BILL �C
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Budget Workshop - Study Session Date: N/A
October 26, 2015 COUNCIL MEETING Date: November 4, 2015
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Budget Workshop on October 26, 2015.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): N/A
STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation
• STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
DIGITAL RECORDING
CITY COUNCIL BUDGET WORKSHOP MINUTES
Monday, October 26, 2015
The Budget Workshop of the City Council of the City of Bremerton was called to order in the
Council Conference Room 603 of the DicKs GovERrvnnENr CENTER located at 345 6th Street,
Bremerton, Washington, Monday, October 26, 2015, at 4:00 PM, with Council President Greg
Wheeler presiding. Council members present were Eric Younger, Roy Runyon, Dino Davis,
Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were Financial Services Director
Cathy Johnson; Assistant Financial Services Director Mike Riley; and Budget Analyst Caroline
Tompson. Legislative Assistant Lori Smith was present to provide staff support to the Council.
President Wheeler announced that the 2016 Budget Workshop was for the Council to hear
presentations on the proposed budget. It was further announced that this Budget Workshop
was open to the public, but there would be no opportunities for input or participation; that no
action will be taken, and the content of these items is subject to change.
Cathv Johnson, Financial Services Director, opened the 2016 Budget Process then provided
an overview of Assumptions and Considerations; Revenue and Expenditures; Funds; and
shared highlights as well as proposed changes and new programs to General Fund Department
Budgets and updates for the Special Revenue Fund:
• Kitsap Conference Center
• Gold Mountain Golf Course
• Police
• Fire
• Mayor
• Council
• Auditor
• Financial Services
• Legal —Attorney, Human Resources & Risk Management
• Community Development
• Engineering
• Parks & Recreation
With no further business, President Wheeler adjourned the Budget Workshop at 8:17 PM.
Prep d and Submitted by�
� ,
LO I SMITH
Legislative Assistant
Attest:
SHANNON CORIN, City Clerk
GREG WHEELER, City Council President
GW:SC:Is:cg
AGENDA BILL � D
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Budget Workshop - Study Session Date: N/A
October 27, 2015 COUNCIL MEETING Date: November 4, 2015
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Budget Workshop on October 27, 2015.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): N/A
STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
DIGITAL RECORDING
CITY COUNCIL BUDGET WORKSHOP MINUTES
Tuesday, October 27, 2Q15
The Budget Workshop of the City Council of the City of Bremerton was called to order in the
Council Conference Room 603 of the DicKs GovERNnnENT CENTER located at 345 6th Street,
Bremerton, Washington, Tuesday, October 27, 2015, at 4:00 PM, with Council President Greg
Wheeler presiding. Council members present were Eric Younger, Roy Runyon, Dino Davis,
Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were Financial Services Director
Cathy Johnson; Assistant Financial Services Director Mike Riley; and Budget Analyst Caroline
Tompson. Legislative Assistant Lori Smith was present to provide staff support to the Council.
President Wheeler announced that the 2016 Budget Workshop was for the Council to hear
presentations on the proposed budget. It was further announced that this Budget Workshop
was open to the public, but there would be no opportunities for input or participation; that no
action will be taken, and the content of these items is subject to change.
Cathv Johnson, Financial Services Director, continued with presentations on the 2016 Budget
for Parks and Recreation and Public Works and Utilities; and continued discussion regarding the
General Fund:
• Parks & Recreation —Capital Improvement Plan (CIP)
• Public Works & Utilities
1) General Facilities and Engineering
2) Streets
3) Utilities
4) Transportation Capital Projects
5) Equipment Rental Reserve (ERR) Operations and Reserve
• Internal Auditor
With no further business, President Wheeler adjourned the Budget Workshop at 7:19 PM.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
SHANNON CORIN, City Clerk
GREG WHEELER, City Council President
GW:SC:Is:cg
AGENDA BILL � E �
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Study Session - Study Session Date: N/A
October 28, 2015 COUNCIL MEETING Date: November 4, 2015
Department: City Council
Presenter: Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Study Session on October 28, 2015.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS (Include Budgeted Amount): N/A
STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
• Form Updated 01/07l15
DIGITAL RECORDING �
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, October 28, 2015
A Study Session of the City Council of the City of Bremerton was called to order in the Council
Conference Room of the NORM DicKs GOVERNMENT CENTER, 345 6�h Street, Bremerton,
Washington, on Wednesday, October 28, 2015, at 5:00 PM, with Council President Greg Wheeler
presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, �
Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Assistant, was present to provide staff
support.
President Wheeler emphasized that the Study Session was open to the public but there would be
no opportunities for input or participation; and announced that approved items by Council will be
placed on the November 4, 2015 Council Meeting Agenda; or as indicated.
A. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have
been raised with the appropriate Council Committee Members...
1. Renewal of Lease Agreement with Pitney Bowes for a Connect +2000 Mailing System and
OfficeRight D1200 Folder Consent Agenda
2. 2016 Office of Public Defense (OPD) Grant for Public Defense and the Bremerton Municipal
Court Consent Agenda
3. Professional Services Agreement with HDR, Inc. for Reservoir No. 4 Cover Replacement
Design Consent Agenda
B. BRIEFINGS & FULL PRESENTATIONS
4. 2016 Office of Public Defense (OPD) Grant for Public Defense and the Bremerton Municipal
Court Consenf Agenda
5. Professional Services Agreement with HDR, Inc. for Reservoir No. 4 Cover Replacement
Design Consent Agenda
C. GENERAL COUNCIL BUSINESS
o Audit Committee Briefing (10/15/15 Meeting) — Member Roy Runyon
o Finance & Investment Committee Briefing (10/20/15 Specia/Meeting) —Chair Eric Younger
o Other General Council Business was briefly discussed
With no further business, President Wheeler adjourned the Council Study Session at 6:10 PM.
Pre red and Submitted y:
� �
L RI SMITH
Legislative Assistant
Attest:
SHANNON CORIN, City Clerk
GREG WHEELER, City Council President
GW:SC:Is:cg
AGENDA BILL � F
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Contract Award to Pitney Bowes Study Session Date: October 28, 2015
for a Connect+2000 Mailing System and an COUNCIL MEETING Date: November 4, 2015
OfficeRight D1200 Folder Department: Finance
Presenter: Michael Riley
Phone: (360) 473-5303
SUMMARY: The City's current lease with Pitney Bowes for a Connect + 2000 series digital
automatic mail machine and an OfficeRight DI200 folder is approaching the end of its term. Based on
consistent volume of over 60,000 mail pieces per year the same model chosen as the replacement.
ATTACHMENTS: Pitney Bowes Global Financial Services State & Local Term Rental Agreement
FISCAL IMPACTS (Include Budgeted Amount): State contract pricing for the new machine(s) is
$551/month or $33,058.80. This is a 15% reduction from current pricing for both units. Funds are
budgeted in the General Fund non-departmental.
STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to approve the contract with Pitney Bowes in the amount of$33,058.80, including sales tax and
authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
� Pitney�o�nres
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AGENDA BILL �G
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Office of Public Defense Grant Study Session Date: October 28, 2015
Acceptance—2016 COUNCIL MEETING Date: November 4, 2015
Department: Munici al Court
Presenter: Dawn Nelson
Phone: 360 473-5242
SUMMARY: The Bremerton Municipal Court applied to the Office of Public Defense for a grant and
was awarded a grant in the amount of$12,200.00 for use in 2016.
This money is intended to be used for improvements including continuing to adjust pay compensation
for contracted attorneys, adding attorneys to reduce public defense caseloads and complying with
the new Supreme Court Public Defense Standards.
ATTACHMENTS: Letter of Acknowledgment and Face Sheet
FISCAL IMPACTS (Include Budgeted Amount): The OPD funding is a revenue source for$12,200
to be used directly for Public Defense in the City of Bremerton Municipal Court. These monies will be
fully expended in 2016 to assist with public defense. There are no matching funds needed.
STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation '
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION:
Move to accept the grant from the Office of Public Defense and authorize the Court Administrator to
finalize and execute the grant agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01I07/15
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WASHINGTON STATE (360}586-3164
Internet Email: opd@opd.wa.gov OFFICE OF PUBLIC DEFENSE FAX(360)586-8165
October 7, 2015
Dawn Nelson
Court Administrator
Bremerton Municipal Court
550 Park Ave.
Bremerton,WA 98337
Re: Chapter 10.101 RCW Application for Public Defense Grant Funds
Dear Dawn Nelson:
The Washington State Office of Public Defense(OPD)is pleased to announce the award of RCW 10.101.080 Public
Defense Grant funds to the City of Bremerton.The award is$12,200 for use in calendar year 2016.
Enclosed is a short Grant Agreement for your review and signature by an authorized representative of the City of
Bremerton.The signed Grant Agreement should be returned to OPD by December 1,2015. A conformed copy will be
sent to you for your records.A copy of OPD's policy on authorized uses is enclosed.
The grant funds will be mailed to you in mid-December. If you want the check mailed to a different person or office,
please let us know. If the City of Bremerton uses state BARS coding,these grant funds should be received under
BARS revenue code 334.01.2X.
Chapter 10.101 RCW requires cities awarded funds to demonstrate to OPD that they are either meeting the public
defense standards referenced in RCW 10.101.030,or that the funds received are used to make appreciable
demonstrable improvements in the delivery of public defense services. In addition,the Washington Supreme CouR has
adopted statewide Standazds for Indigent Defense and Attorney Certification of Compliance. OPD's Public Defense
Services Managers are available to assist the city and its public defense attorneys in implementing the Supreme Court
requirements,including the misdemeanor caseload limits that became effective in January 2015. Please feel free to
contact Katrin Johnson or Kathy Kuriyama at(360)586-3164 ext 108 and 114 respectively.
We look forward to receiving the city's cnid-year report in July 2016(as required in the Grant Agreement),as well as
visiting your program at least one time during the year.
Sincerely,
Sophia Byrd McSherry
Deputy Director
Enclosures
cc: Judge James N. Docter
711 Capitol Way South •Suite 106 •P.O. Box 40957 •Olympia,Washington 98504-0957
� .
Grant Agreement No.GRT16221
FACE SHEET
WASHINGTON STATE OFFICE OF PUBLIC DEFENSE
1. Grantee 2. Grantee Representative
City of Bremerton Dawn Netson
345 6th St.,Suite 600 Court Administrator
Bremerton,WA 98337 Bremerton Municipal Court
550 Park Ave.
Bremerton,WA 98337
3. Office of Public Defense(OPD) 4. OPD Representative
711 Capitol Way South,Suite 106 loanne I. Moore
PO Box 40957 Director
Olympia,WA 98504-0957 Office of Public Defense
711 Capitol Way South,Suite 106
PO Box 40957
Olympia, WA 98504-0957
5. Grant Amount 6. Grant Period
$12,200 January 1,2016 through December 31, 2016
7. Grant Purpose
The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of
public defense services in Washington municipalities. (See Chapter 10.101 RCW.)
The Office of Public Defense (OPD) and Grantee,as defined above,acknowledge and accept the terms of
this Grant and attachments and have executed this Grant on the date below to start January 1, 2016 and
end December 31,2016. The rights and obligations of both parties to this Grant are governed by this
Grant and the following other documents incorporated by reference: Special Terms and Conditions af
the City Grant and General Terms and Conditions of City Grant.
FOR THE GRANTEE FOR OPD
Name,Title Joanne I. Moore, Director
Date Date
_ ►
SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT
1. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications regarding the performance of this Grant.
a. The Representative for OPD and their contact information are identified on the Face Sheet of
this Grant.
b. The Representative for the Grantee and their contact information are identified on the Face
Sheet of this Grant.
2. GRANT AWARD AMOUNT
The Grantee is awarded Twelve Thousand Two Hundred and 00/100 Dollars($12,200)to be used for
the purpose(s)described in the USE OF GRANT FUNDS below.
3. PROHIBITED USE OF GRANT FUNDS(as adoated in OPD Policv Counri/Citv Use of State Public
Defense Fundin�)
a. Grant funds cannot be used to supplant local funds that were being spent on public defense
prior to the initial disbursement of state grant funds.
b. Grant funds cannot be spent on purely administrative functions or billing costs.
c. Grants funds cannot be used for indigency screening costs.
d. Grant funds cannot be used for city or court technology systems or administrative equipment.
e. Grant funds cannot be used for city attorney time,including advice on public defense
contracting.
4. USE OF GRANT FUNDS
a. Grantee agrees to use the grant funds for the following purposes:
i. Increasing public defense attorney compensation.
ii. Providing public defense services at preliminary appearance calendars.
iii. Providing interpreter services for attorney-client interviews and communications.
iv. Adding investigator services and expert seroices.
b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose
other than those listed in Section 4a above.
c. Grantee agrees to use the funds in calendar year 2016. If Grantee is unable to use the funds in
2016,the Grantee agrees to notify OPD to determine what action needs to be taken.
d. Grantee agrees to deposit the grant check within fourteen days of receipt.
5. REPORT �
Grantee agrees to submit a written mid-year report to OPD no later than July 31,2016. The report
shall include, but not necessarily be limited to,the following information:to date overview,how grant
funds have been used,and a copy of each public defense attorney's quarterly Certificate of
Compliance submitted during 2016.
6. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant,the inconsistency shall be reso�ved by giving precedence
in the following order:
• Applicable federal and state of Washington statutes,regulations,and court rules
� Special Terms and Conditions Of the City Grant
• General Terms and Conditions of the City Grant
GENERAL TERMS AND CONDITIONS OF THE CITY GRANT
1. ALL WR1711�GS CONTAINED HEREIPI
This Grant contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise,regarding the subject matter of this Grant shall be deemed to exist or to bind any of
the parties hereto.
2. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendment shall not be
binding unless it is in writing and signed by personnel authorized to bind each of the parties.
3. AMERCIANS WITH DISABILITIES ACT(ADA)OF 1990.PUBLIC LAW 101-336.also referred to as the
"ADA"29 CFR Part 35.
The Grantee must comply with the ADA,which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations,state and local
government services,and telecommunications.
4. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant,shall be transferred or assigned by the
Grantee without prior written consent of OPD.
5. ATTORNEY'S FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms,each party agrees to bear its own attorneys fees and costs.
6. CONFORMANCE
If any provision of this Grant violates any statute or rule of law of the state of Washington,it is
considered modified to conform to that statute or rule of law.
7. ETHICS/CONFLICTS OF INTEREST
In perForming under this Grant,the Grantee shall assure compliance with the Ethics in Public Service,
Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or
conflicts of interest.
. 8. GOVERNING tAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thu�ston County.
9. INDEMNIFICATION
To the fullest extent permitted by law,the Grantee shall indemnify,defend,and hold harmless the
state of Washington, OPD,all other agencies of the state and all officers,agents and employees of the
state,from and against all claims or damages for injuries to persons or property or death arising out of
or incident to the performance or failure to perform the Grant.
10. LAWS
The Grantee shall comply with all applicable laws,ordinances,codes, regulations,court rules, policies
of local and state and federal governments,as now or hereafter amended.
11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant,the Grantee shall comply with all federal,state,and local
nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy,this Grant may be rescinded,
canceled or terminated in whole or in part.
12. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws,federal laws,
and/or the provisions of the Grant,OPD reserves the right to recapture funds in an amount to
compensate OPD for the noncompliance in addition to any other remedies available at law or in
equity.
13. RECORDS MAINTENANCE
The Grantee shall maintain all books, recards,documents, data and other evidence relating to this
Grant. Grantee shall retain such records for a period of six(6)years following the end of the grant
period. If any litigation,claim or audit is started before the expiration of the six(6)year period,the
� f.
records shall be retained until all litigation,claims,or audit findings involving the records have been
finally resolved.
14. RIGHT OF INSPECTION
At no additional cost all records relating to the Grantee's performance under this Grant shall be
subject at all reasonable times to inspection,review,and audit by OPD,the Office of the State Auditor,
and state officials so authorized by law, in order to monitor and evaluate performance,compliance,
and quality assurance under this Grant. The Grantee shall provide access to its facilities for this
purpose.
15. SEVERABILITY
If any provision of this Grant or any provision of any document incorporated by reference shall be held
invalid,such invalidity shall not affect the other provisions of this Grant that can be given effect
without the invalid provision, if such remainder conforms to the requirements of law and the
fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be
severable.
16. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing.
AGENDA BILL � H
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Professional Services Study Session Date: October 28, 2015
Agreement with HDR, Inc. for Design of COUNCIL MEETING Date: November 4, 2015
Reservoir 4 Cover Replacement Department: Engineering
Presenter: Bill Davis
Phone: (360) 473-2312
SUMMARY: Based on an evaluation of qualified consultants, the City has selected HDR Inc. to
design a hard cover for Reservoir 4, an 11 million gallon in-ground reservoir located in West
Bremerton. The previous two membrane covers failed within approximately 10 to 15 years of
installation. The new hard cover is expected to have a 50-year life span.
Four consultants were sent a Request for Proposals (RFPs). All four consultants submitted proposals to
the City. HDR, Inc. was selected for the work based on their experience, qualifications and project
approach. A scope of work was submitted and negotiated in the amount of$288,694. The requested
action before the City Council is authorization for the Mayor to finalize and execute the consultant
agreement.
ATTACHMENTS: 1) Council Summary
2) Professional Services Agreement— including Exhibits A, B & C
3) Site Plan
FISCAL IMPACTS (Include Budgeted Amount): The design and construction of this project is
included in the 2015 and 2016 budgets. The work is funded by DWSRF Loan # DM15-952-026 for
$2,300,000 previously approved for this project.
STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation
STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the Professional
Services Agreement with HDR, Inc. for design of the Reservoir 4 Cover Replacement with
substantially the same terms and conditions as presented.
COUNCIL ACT10N: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01/07/15
COUNCIL SUMMARY
Design for Reservoir 4 Cover Replacement
Project Overview
Reservoir 4 is an 11,000,000 gallon in-ground reservoir located in West Bremerton. It is a critical
component of the City's water system since it is the primary distribution reservoir in the W256 Zone. In
1981,the City installed a floating polyethylene cover to ensure water quality was maintained at Reservoir
4. The cover failed prematurely and was replaced in 2002 with a new cover manufactured from
polypropylene,based on recommendations from a design consultant. This cover has also degraded and is
currently failing. The City performed a life cycle cost analysis and determined that installing a hard cover
with a 50-year lifespan would be the most cost effective long term solution for protecting Reservoir 4.
The project scope includes an evaluation to select the type of new hard cover,detailed design of the new
cover,and construction support services.
Contract Summarv
Engineering staff prepared and sent out Requests for Proposals (RFPs)to four consulting firms for design of
the new cover. All four firms submitted proposals and HDR,Inc.was selected to design the new cover. The
scope of work includes an evaluation to determine which type of hard cover would be most effective and
suitable for the application,selecdon of a hard cover type,design of the new cover,and support during the
bid and construction processes. A scope and cost for the work by HDR,Inc.was negotiated in the amount of
$288,694. The design will be completed in early 2016 with construction to occur later in 2016.
Fiscal Summarv
$2.3M has been budgeted in 2015 and 2016 for design and construction of the new cover. DWSRF Loan#
DM15-952-026 for$2.3M was recently executed to fund the work. This loan has an interest rate of 1.5%,
which will reduce to 1%if the construction is completed within 24 months of loan execution.
Design of Resen�oir 4 Cover Replacement October 201 S
Bremerton Council Summarv Page 1 of 3
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Design of Reservoir 4 Cover Replacement October 201 S
Bremerton Council Summary Page 2 of 3
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Design of Resen�oir 4 Cover Replacemertt October 201 S
Bremerton Council Summary Page 3 of 3
PROFESSIONAL SERVICES AGREEMENT
4516—Reservoir 4 Cover Replacement
The City of Bremerton ("City") and HDR ("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 September 21, 2015, 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 IX.A of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $288,694.00. 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.
Bremerton/HDR October 2015
Reservoir 4 Cover Replacement
Page 1 of 7
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall 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, to the extent caused by, arising out of or in
connection with the Consultant's acts, errors or omissions in 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 negligence of the Consultant or the concurrent negligence of the
Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's
liability hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
Bremerton/HDR October 2015
Reservoir 4 Cover Replacement
Page 2 of 7
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
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 employer's
liability; and
3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per
occurrence/claim.
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 insurance as respects the City and 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,
Bremerton/HDR October 2015
Reservoir 4 Cover Replacement
Page 3 of 7
345 6'�' Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension
or substantive change of any insurance policy set out herein, and failure to do so shall be
construed to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
VII. General Conditions:
A. Renorts 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 Bellevue, 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 Photo�raphs 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.
Bremerton/HDR October 2015
Reservoir 4 Cover Replacement
Page 4 of 7
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Bellevue, 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. Severabilitv: 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 1 st 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.
City Address: Consultant Address:
City of Bremerton, Engineering HDR
345 Sixth Street, Suite 600 500 108� Ave NE, Suite 1200
Bremerton,WA 98337 Bellevue, WA 98004
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.
Bremerton/HDR October 2015
Reservoir 4 Cover Replacement
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N. Attornevs' 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. AssiQnment: Any assignment of this agreement by the Contractor without the
written consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or
sexual orientation except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work,the City may summarily terminate this Agreement.
A. Excusable Delavs: The right of Consultant to proceed shall not be terminated an
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 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. Ri ng t�non Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby
certifies, by signing this agreement, that neither it nor its principals are presently debarred,
suspended,proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency. Consultant shall provide
Bremerton/HDR October 2015
Reservoir 4 Cover Replacement
Page 6 of 7
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.
CITY OF BREMERTON CONSULTANT
(signature) (signature)
By: Pattv Lent By:
(printed name) (printed name)
its: Mavor its:
Date: Date:
Approved as to form: Attest:
Bremerton City Attorney City Clerk
Bremerton/HDR October 2015
Reservoir 4 Cover Replacement
Page 7 of 7
SCOPE OF SERVICES (EXHIBIT A)
City of Bremerton
Reservoir 4 Cover Replacement
September 21, 2015
500 108th Avenue NE
Suite 1200
Bellevue, WA 98004-5549
(425) 450-6200
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Table of Contents
Background ................................................................................................................... 1
Scopeof Services ......................................................................................................... 1
Task 100 Project Management..................................................................................... 1
Objective............................................................................................................. 1
HDRServices..................................................................................................... 1
Client Responsibilities......................................................................................... 2
Assumptions....................................................................................................... 2
Deliverables........................................................................................................ 2
Task 200 Pre-Design Investigation..............................................................................2
Objective............................................................................................................. 2
SubTask 210—Data Collection and Record Drawings........................................ 2
HDRServices.....................................................................................................2
Client Responsibilities......................................................................................... 3
Assumptions....................................................................................................... 3
Deliverables........................................................................................................ 3
SubTask 220— Pre-Design Load Calculations and Preliminary Design Criteria.. 3
HDRServices..................................................................................................... 3
Client Responsibilities.................................................:....................................... 4
Assumptions....................................................................................................... 4
Deliverables........................................................................................................ 5
SubTask 230— Hard Cover Alternative Evaluation.............................................. 5
HDRServices..................................................................................................... 5
Client Responsibilities......................................................................................... 5
Assumptions....................................................................................................... 5
Deliverables.........................................................................................:.............. 6
Task 300 Geotechnical Investigation.......................................................................... 6
Objective............................................................................................................. 6
HDRServices..................................................................................................... 6
Subconsultant(Shannon and Wilson) Services................................................... 6
ClientResponsibilities......................................................................................... 7
Assumptions....................................................................................................... 7
Deliverables........................................................................................................ 7
Task 400 Surveying Services ...................................................................................... 8
Objective............................................................................................................. 8
ClientResponsibilities......................................................................................... 8
Assumptions....................................................................................................... 8
Deliverables........................................................................................................ 8
Task 500 Liner Financial Analysis............................................................................... 8
Objective............................................................................................................. 8
Bremerton Reservoir 4 Cover Replacement i Exhibit A—Scope of Services
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HDRServices..................................................................................................... 8
ClientResponsibilities......................................................................................... 9
Assumptions....................................................................................................... 9
Deliverables........................................................................................................ 9
Task 600 Permit Acquisition and Environmental Services........................................ 9
Objective............................................................................................................. 9
HDRServices..................................................................................................... 9
ClientResponsibilities......................................................................................... 9
Assumptions....................................................................................................... 9
Deliverables........................................................................................................ 9
Task 700 Preliminary and Final Design Services......................................................10
Objective............................................................................................................10
HDRServices....................................................................................................10
Client Responsibilities........................................................................................11
Assumptions......................................................................................................12
Deliverables.......................................................................................................12
Task 800 Bidding Assistance .....................................................................................12
Objective............................................................................................................12
HDRServices....................................................................................................12
Client Responsibilities........................................................................................12
Assumptions......................................................................................................12
Deliverables.......................................................................................................13
Task 900 Services During Construction....................................................................13
Ob j ecti ve............................................................................................................13
HDRServices....................................................................................................13
IClient Responsibilities........................................................................................13
Assumptions......................................................................................................13
Deliverables.......................................................................................................14
Task 1000 Management Reserve................................................................................14
Objective............................................................................................................14
' HDR Services....................................................................................................14
ClientResponsibilities........................................................................................14
Assumptions......................................................................................................14
Deliverables.......................................................................................................14
Bremerton Reservoir 4 Cover Replacement ii Exhibit A—Scope of Services
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EXHIBIT A
SCOPE OF SERVICES
Background
The City of Bremerton (City) intends to replace the floating cover of its 11 MG below-grade
Reservoir 4. This reservoir is a primary reservoir that serves both West and East Bremerton.
Based on information received from the City, the floating membrane covers had to be replaced
every 10 to 12 years and have not been providing a long term solution nor a good return on the
investment.
The City intends to procure a hard cover for the reservoir. HDR has been selected to assist with
exploring available options and selection of a cost effective solution in terms of capital and O&M
investments.
The reservoir cover replacement project would include the following:
• Removal and disposal of the existing membrane cover
• Installation of a new hard cover along with required foundations for its interior and
exterior supporting elements, framing, access ways and roofing material
• Necessary civil, electrical, and instrumentation to support the function of the new cover
The City prefers that all work be completed while maintaining the integrity of the existing bottom
liner. The project is being funded by a Drinking Water State Revolving Fund (DWSRF) loan. The
loan agreement is between the City and the Washington State Public Works Board. The total
loan amount for both design and construction is $2,300,000.
Scope of Services
Task 100 Project Management
Objective
Monitor, control and adjust scope, schedule, and budget as well as provide monthly status
reporting, accounting, and invoicing.
HDR Services
1. Prepare a Project Management Plan (Project Guide) outlining the project scope, team
organization, schedule, and communications information.
2. Coordinate and manage the project team.
3. Subcontract with and manage project subconsultants.
A. Check Federal debarred registry for subconsultants.
4. Prepare monthly status reports describing the following:
A. Services completed during the month
B. Services planned for the next month
Bremerton Reservoir 4 Cover Replacement 1 Exhibit A—Scope of Services
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C. Needs for additional information
D. Scope/schedule/budget issues
E. Schedule update and financial status summary
5. Prepare monthly invoices formatted in accordance with contract terms.
Client Responsibilities
1. Timely processing and payment of invoices.
2. Review and process contract change requests and amendments, if needed.
Assumptions
1. The project duration will be 15 months.
2. Invoices will be HDR standard invoice format.
3. Expense backup will not be provided with invoices but wiil be available for review at HDR.
Deliverables
1. Scope of services, schedule (Gantt chart in MS Project), and budget(e-mailed PDF file).
2. Project Management Plan (Project Guide) (e-mailed PDF file). '
3. Subconsultant subcontracts. Printout(PDF, emailed)from debarred contract website.
4. Monthly reports and invoices (one copy with invoice, e-mailed PDF file)
5. Monthly project schedule and budget updates (included in monthly project report, emailed
PDF file).
Task 200 Pre-Design Investigation
Objective
Review available reports/information about the reservoir and establish record drawings to be
used to evaluate cover alternatives and as a base for final design of the hard cover. Calculate
applicable 2012 IBC loads on the new cover. Prepare a technical memorandum for the hard
cover alternatives. This main task will include the following sub-tasks:
• SubTask 210— Data Collection and Record Drawings
• SubTask 220— Pre-Design Load Calculations and Preliminary Design Criteria
• SubTask 230—Hard Cover Alternative Evaluation
SubTask 210 — Data Collection and Record Drawings
HDR Services
1. Review information and documents available from the City such as as-built drawings,
original design calculations, geotechnical reports, inspection reports, previous design and
construction projects that include information about the existing system.
2. Perform a site observation of the reservoir.
3. Attend a kick-off meeting with Bremerton.
Bremerton Reservoir 4 Cover Replacement 2 Exhibit A-Scope of Services
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4. Develop and record information of the existing reservoir's conditions such as geometry,
access roads, staging areas, nearby disposal sites, perimeter walls conditions and other
items that may impact the replacement of the existing floating cover with a hard cover.
5. Arrange for and attend onsite meetings with up to three potential hard cover suppliers.
Client Responsibilities
1. Provide available data such as past geotechnical studies, reservoir as-built drawings,
original design calculations, photographs, and any other related documents.
2. Provide permission to access the reservoirs' site.
3. Lead and attend the project kick-off meeting at the City office.
4. Attend onsite meetings with potential hard cover suppliers.
Assumptions
1. As-built drawings of the reservoir are available.
2. The City will provide survey files in ACAD format for the design team use. The survey files
will include both the exterior and interior of the reservoir.
3. The City will provide copies of previous geotechnical reports.
4. No additional borings are needed.
5. Fall Protection systems may be required for new hard cover depending on the shape and
height of the new cover.
6. HDR will not inspect or evaluate any structural support systems below the floating cover
elevation. However, general observations and comments will be provided if potential
deficiencies are observed during the initial observations site visit.
7. Design repair or replacement of deficient elements will not be provided under this task.
8. No electrical, instrumentation, storm water, or other systems will be reviewed for upgrades
during Task 200.
9. Kick-off meeting, site observation, and hard cover supplier meetings will be on the same
day. Assumed on 10-hour day, which includes travel and meeting notes. Meeting will be
I attended by Project Manager and Design Lead.
Deliverables
1. Technical Memorandum summarizing findings and conditions of the roof system and
highlighting potential deficiencies. PDF file, via email.
SubTask 220 — Pre-Design Load Calculations and Preliminary Design Criteria
HDR Services
1. Based on the desired configuration of the proposed cover, structural, civil, mechanical and
operational criteria, HDR will develop applicable loading and design guidelines and
limitations for the new cover to guide the preliminary design.
2. Provide initial design guidelines loads calculations per applicable International Building
Code-IBC 2012, Minimum Design Loads for Buildings and Other Structures ASCE 7-10,
Bremerton Reservoir 4 Cover Replacement 3 Exhibit A-Scope of Services
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American Water Works Association-AWWA D108-10, Steel Construction Manual, 13th
Edition-AISC 360-10, and other related applicable codes.
3. The preliminary Structural Design Criteria will identify and define materials to be used,
applicable loading, load combinations, deflection and operational criteria. This document
will be used as the basis for preparing and evaluating cover alternatives. The preliminary
design criteria document would include the following:
A. Project description
B. Risk Category
C. Structural design Codes, Standards, and References
D. Materials
E. Structural support system
F. Loads
i. Snow Load
ii. Wind Loads
iii. Construction Loading
iv. Operation Loading
v. Permanent Loads
vi. Future Loading
vii. Extreme Loads
viii. Dead Load
ix. Live Loads
x. Hydraulic �
xi. Hydrodynamic
xii. Load Combinations
G. Soil properties and design parameters such as:
i. Site Class
ii. Unit weight
iii. Vertical Modulus of Subgrade Reactions
iv. Coefficient of Friction befinreen Concrete and Soil
v. Allowable Bearing Capacity
vi. Lateral Earth and Static Pressures
vii. Shallow and Deep foundations
Client Responsibilities
1. Provide a list of operational limitations, preferences, information, preferred available
construction techniques, and any other constraints.
2. Review and provide one complete set of comments on the Draft Structural Design Criteria
Report within 10 days of submittal.
3. Attend related conference calls or meetings.
4. Provide one complete set of comments on the initial layout of the Facilities.
Assumptions
1. Preliminary structural & Geotechnical Data will be used at this sage to develop and compare
hard cover alternatives.
Bremerton Reservoir 4 Cover Replacement 4 Exhibit A—Scope of Services
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2. The preliminary design criteria witl be confirmed and finalized for the selected cover
alterative as part of Task 600 Final Design Services.
Deliverables
1. Preliminary Design Criteria Report. PDF file, via e-mail.
SubTask 230 — Hard Cover Alternative Evaluation
HDR Services
1. Compare and evaluate hardcover design and construction alternatives based upon
information collected during the above tasks, meetings with City staff and discussions with
City and hard cover venders.
2. Develop and evaluate 4 total hard cover alternatives, looking at steel and aluminum
materials. Some materials may have sub-alternatives.
3. Provide sketches for top three alternatives analyzed.
4. Preliminary Engineer's Estimate of Probable Construction Cost: Estimate of the
construction cost will follow the expected level of accuracy for an Associate for the
Advancement of Cost Engineering Class 5 estimate. Estimates for associate disciplines will
be based on a percentage of the structural costs. No design elements will be reviewed or
completed for electrical, civil, instrumentation, and other disciplines.
5. Develop life cycle analysis for the top three alternatives presented that include the initial
capitol cost, maintenance cost over the estimated life of the cover materials.
6. Provide Pros and Cons for each of the top three alternatives and HDR's recommendations.
7. Provide a Technical Memorandum outlining the alternatives and recommendations.
8. Teleconference with the City to go over comments on the Draft TM.
Client Responsibilities
1. Review and provide one consolidated complete set of comments on the Draft Technical
Memorandum within 10 days of submittal.
2. Attend related conference calls or meetings.
3. Actively participate in meetings to provide input and preferences on the proposed design.
Assumptions
1. Preliminary structural and geotechnical data will be used at this stage to develop and
compare cover alternative.
2. Maximum number of alternatives to be evaluated is 4 alternatives.
3. Alternatives that are much higher in cost than the City's available budget will be dismissed
without much detail.
4. Teleconference to review draft will be 2 hours in length, and will include 1 hour for
preparation and meeting notes following the meeting for a total of 3 hours. Meeting will be
attended by 2 consultant staff(Project Manager and Design Lead).
Bremerton Reservoir 4 Cover Replacement 5 Exhibit A-Scope of Services
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5. No mechanical, electrical, instrumentation, or other systems will be reviewed in the hard
cover alternative evaluation.
6. Concrete cover alternatives not reviewed.
Deliverables
1. Draft Technical Memorandum. PDF file, via email.
2. Final Technical Memorandum. PDF file, via email, and one unbound hard copy.
Task 300 Geotechnical Investigation
Objective
Provide recommendations and structural design parameter needed for hard cover design. This
task will be completed by a subconsultant, Shannon and Wilson.
HDR Services
1. Coordination and review of subconsultant work products.
Subconsultant (Shannon and Wilson) Services
1. Review previous geotechnical reports provided by the City for the site and provide specific
geotechnical design recommendations for the cover and its support systems. This will
include:
• Discussion of site and local geology
• Summary of site subsurface conditions, including estimated groundwater table, based on
existing exploration logs provided by the City, and geological maps.
• Estimate of potential for liquefaction or seismic settlement.
• Subgrade preparation recommendations
• Expected groundwater conditions
• Recommended lateral earth pressure values, for active, at-rest, and passive states
• Coefficient of sliding friction. Include recommendations for combining friction with
passive resistance and depth of any neglected passive pressure.
• Backfill and compaction recommendations
• Suitability of on-site soils as backfill material
• Recommendations for imported structural fill or subgrade material if needed, including
gradation or(State DOT)class of aggregate
• Site classification per ASCE 7 and Applicable Building Code
• Code based response spectra for seismic design, including peak ground accelerations
for 10% � 2% probability of exceedance in 50 yrs.
• Modulus of subgrade reaction
• Over-excavation recommendations, if any
• Estimated total and differential settlement.
• Minimum shallow foundation depth for frost or bearing capacity.
• Allowable net bearing pressure at bottom of footing
• Minimum dead load pressure, if any
• Recommendations for uplift design due to hydrostatic forces, perched water table
conditions, underdrain systems, and other recommended methods for dealing with
hydrostatic forces.
Bremerton Reservoir 4 Cover Replacement 6 Exhibit A-Scope of Services
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2. Project Coordination Meetings: Participate in 3 1-hour telephone meetings and 1 in-person
meeting.
Client Responsibilities
1. Provide existing geotechnical exploration logs, laboratory test results and reports for the
site.
Assumptions
1. Previous geotechnical reports provided by the City will be used.
2. No new borings or test pits will be conducted.
3. Foundations will consist of shallow spread footings.
4. Analysis and recommendations for one size and depth of spread footings will be provided.
5. Based on preliminary existing data provided, the site subsurface conditions are composed of
glacial till. If additional data is gathered during the project that indicate more variable, or
less favorable, geologic site conditions, additional scope items will be required.
6. Existing geotechnical data is adequate in scope and reliability to allow performing
geotechnical calculations and formulating conclusions commensurate with the state of the
practice.
7. Seismic design ground motions will be provided from published ground motion sources and
code-based soil modification factors. Site-specific ground motion analyses will not be
required.
8. Dewatering recommendations and design are not included.
9. Design of stable temporary cuts and slopes for construction are not included.
10.Any analyses or recommendations for project elements other than shallow foundations for
the cover are not included.
11. One version of the draft geotechnical report will be issued. Following receipt of all
comments on the draft report, one version of the final geotechnical report will be issued.
12. Development or review of plans, specifications, or estimates is not included.
13. Construction support services, including bid support, submittal review, or construction
observation, are not included.
14. Telephone meetings will be 1-hour in length, attended by one geotechnical engineer. In
person meetings will be 2 hours in length, and include 2 hours of travel time and 1 hour of
preparation and meeting notes, for a total of 5 hours per meeting.
Deliverables
1. Draft Geotechnical Report per IBC 2012.
2. Final Geotechnical Report.
Bremerton Reservoir 4 Cover Replacement 7 Exhibit A-Scope of Services
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Task 400 Surveying Services
Objective
Coordinate topographic mapping, horizontal and vertical coordinates of the reservoir and its
other facilities on site with the City survey crew. HDR Services
1. Coordination and review of City work products.
Client Responsibilities
1. Perform topographic surveying of the reservoir and facilities on site.
2. Verify locations and elevations of pipe inlet/outlets, manholes, vaults, perimeter walls and
other features onsite.
3. Survey interior reservoir floor and slopes.
4. Create basemap at an agreed upon scale for surveyed items, using City of Bremerton
drafting standards, or HDR CAD standards.
5. Create digital terrain model of the ground surface.
6. Obtain utility locates as needed.
Assumptions
1. The horizontal datum will be the NAD83(1991)Washington North Zone State Plane
Coordinate system.
2. The vertical datum will be NAVD 88.
Deliverables
1. Comments/requests to the City surveyors.
Task 500 Liner Financial Analysis
Objective
Develop an analysis to determine the most economical liner alternative for implementation. The
financial review will look at the cost of a new liner today, versus preserving the existing liner for
the remaining life and replacing it in the future.
HDR Services
1. Develop an analysis to determine the most economical alternative for implementation.
A. The starting point of the analysis will be the capital costs and any operating costs
associated with each alternative. The costs will be projected over a long-term period
(e.g., 20 years)to develop a projection for each alternative.
B. Each alternative will be analyzed to determine any additional or reduced costs as a
result of implementing the alternative. This may include both operating and/or capital
costs. For example, one alternative may increase the long-term capital costs, or the
need for additional future improvements, while at the same time decrease the annual
08�M costs. The alternatives may also result in benefits as a result of developing the
project.
Bremerton Reservoir 4 Cover Replacement 8 Exhibit A—Scope of Services
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C. Project costs over the time period and reflect a reduction in the overall cost of the
alternative given the costs savings the alternative provides.
D. The net present value (NPV) of the costs identified for each alternative is developed and
the alternatives compared to determine the most economical alternative.
Client Responsibilities
1. Provide information on the existing liner, including the warranty, original documentation,
manufacturer's name, brand, installation date, etc.
Assumptions
1. Analysis will compare two alternatives only— replacing the liner during this project vs
replacing it at the end of its useful life.
2. Information is available on the installation and remaining useful life.
3. No field work, thickness investigation, or other methods to determine remaining life will be
used.
4. No analysis of the methods or costs required to protect the liner will be included.
Deliverables
1. Brief discussion, approximately 1-2 pages, with figures, will be included in the structural TM
under Task 230.
Task 600 Permit Acquisition and Environmental Services
Objective
Support the City in their development and application process for obtaining the needed permits.
HDR Services
1. Support City development of needed draft and final permits as requested.
Client Responsibilities
1. Coordinate, lead, and develop required permits needed for the project.
2. Pay all applicable permit application fees.
Assumptions
1. Permitting support is limited to the budget available.
2. The City will submit all permit application packages.
Deliverables
1. Emailed notes/answers to City requested questions.
Bremerton Reservoir 4 Cover Replacement 9 Exhibit A-Scope of Services
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Task 700 Preliminary and Final Design Services
Objective
Provide design and bidding documents needed to obtain a contractor for the selected hardcover
alternative. Provide preliminary design (50%) deliverable and final design (90% and 100%)
deliverables.
HDR Services
1. Preliminary Design (50%)
A. Develop preliminary layout and design configuration for the new hard cover.
B. Develop structural, civil, mechanical, electrical, and instrumentation drawings and
specifications.
C. Develop AutoCAD base files for use during the project.
D. Develop design calculations of the concrete foundations of one (1) hard cover alternative
selected from the Task 200-Pre-design Investigation.
E. Drawings to be prepared: See drawing list in Final Design Services.
F. Specifications: Table of Contents for project specifications.
G. Provide in-house QA/QC of all discipline design documents. Provide an overall
coordination QA/QC review to identify potential conflicts.
H. Prepare Engineer's Opinion of Probable Construction Cost(OPCC). Estimate of the
costs will follow the expected level of accuracy for an Associate for the Advancement of
Cost Engineering Class 4 estimate
2. Final Design (90% and Final)
A. Advance the design to the 90% and Final design levels.
B. Prepare bid-ready signed and sealed Contract Documents.
C. Prepare Engineer's Opinion of Probable Construction Cost(OPCC). Estimate of the
costs will follow the expected level of accuracy for an Associate for the Advancement of
Cost Engineering Class 3 (90%)and Class 2 (final)estimate
D. Provide in-house QA/QC of all discipline design documents. Provide an overall
coordination QA/QC review to identify potential conflicts.
E. Specifications: Technical sections for specifications, using HDR's master specifications
(6 digit format) and Bremerton's front end specifications. HDR estimates preparing
approximately 30 technical specifications.
F. Drawing List: See Below:
Description 50% 90% Final
General
Cover, Location Map, Vicinity Map, List of Drawings X X X
General Notes, Survey Control, and Abbreviations X X
Legend, Symbols X X
Bremerton Reservoir 4 Cover Replacement 10 Exhibit A—Scope of Services
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Site Plan, Construction Work Limits X X X
Exterior Yard Piping X X
Railings, Ladders, and Vents X X
Standard Civil Details X X
Temporary Erosion and Sedimentation Control Notes and X X
Details
Structural
General Structural Notes X X
Standard Details—Special Inspection X X
Standard Details—Concrete 1 of 2 X X X
Standard Details—Concrete 2 of 2 X X
Standard Details- Reinforcement X X X
Structural Steel/Aluminum X X X
Cover Foundation Plan X X X
, Cover Top Plan X X X
Cover Sections 1 of 2 X X X
Cover Sections 2 of 2 X X
Sections and Details X X
Mechanical
Ventilation Plan and Sections X X X
Access Hatch Plan and Section
Mechanical Details X X
Electrical
General Electrical Notes, Legend X X X
Electrical Site Plan X X X
Conduit and Cables Schedule, Lighting Fixture Schedule X X
Electrical Details X X
Client Responsibilities
1. Attend meetings and conference call for selecting the desired hard cover.
2. Provide available information, data, and operational requirements to facilitate design of the
cover foundations.
3. Provide consolidate review comments on provided (or City)forms.
4. Provide desired input on facility features.
Bremerton Reservoir 4 Cover Replacement 11 Exhibit A—Scope of Services
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Assumptions
1. The detailed design of the cover will be performed by the contractor.
2. Drawing and specification list is based on using an aluminum hard cover, with design
performed by the selected contractor.
3. Design of any miscellaneous items is not included in this scope and will be compensated for
on the basis of Time-and-Materials under Task 900-Management Reserves.
4. Site will be hydroseeded; no landscaping design is included.
5. No instrumentation and controls upgrades or modifications are included.
Deliverables
1. 50% and 90% drawings and specifications in PDF files, emailed. Want 5 hard copies.
2. Final drawings and specifications in PDF files, emailed; 5 11 x17 drawing sets and 5
specification books, printed and bound.
Task 800 Bidding Assistance
Objective
Provide assistance to the City throughout the bidding process.
HDR Services
1. Receive and respond to bidder's questions (through the City).
2. Prepare an addendum, if necessary, to clarify or correct contract documents. A PDF file of
addendum will be provided to the City for posting and/or mailing/FAXing to bidders.
3. Work with City staff to review the bids received, check selected references as directed by
the City and assist the City regarding the decision and recommendation to award the
contract.
I Client Responsibilities
1. Prepare and advertise the contract for bid.
2. Arrange for hard copy bid set copies to distribute to bidders (through Builders Exchange of
Washington).
3. Receive, process requests, and mail bid sets.
4. Conduct bid-opening.
5. Be the primary contact for bidder questions.
Assumptions
1. There will be a 30 day bid period.
2. City will include language in bid documents setting a specified time/date for questions to be
received during bid period. After the question deadline, one bid addendum will be prepared.
3. No conformed documents will be required.
4. Up to two addenda may be required.
Bremerton Reservoir 4 Cover Replacement 12 Exhibit A—Scope of Services
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Deliverables
1. PDF's of addendum, if needed, for City distribution.
Task 900 Services During Construction
Objective
Provide engineering support services during the construction of the water lines.
HDR Services
1. Attend a pre-construction planning meeting
2. Attend other projecUconstruction meetings via phone as requested.
3. Respond to questions and requests for information from the Contractor and City
construction staff, including providing technical interpretation of contract drawings and
specifications.
4. Review construction submittals, RFI's, and other construction documentation requested by
the City. Provide written comments to assess the general conformance with the Contract
Documents.
5. Record Drawings: Incorporate marked-up record drawings (from the Contractor and/or from
the City) into the electronic CAD files. Revisions will be "clouded" and identified. Record
drawings will not be signed/stamped by HDR engineers.
Client Responsibilities
1. Coordinate and track all project communications through email.
2. Provide all submittals, RFI's, change orders, and other construction documentation to the
Engineer via email. One will be retained by the Engineer, the other returned to the City with
comments.
I 3. Record Drawings:
A. Coordinate with the Contractor on record-drawing markups in the field, and routing of
final markups to HDR.
B. Verify markups are complete and include all known changes/modifications to the
drawings.
C. Review preliminary record drawings and return consolidated comments to HDR for
incorporation into the final record drawings.
Assumptions
1. The construction schedule, from Contractor selection to substantial completion, will be
approximately 6-8 months.
2. Consultant services shall be limited to submittal and RFI reviews as noted. Engineering
support services do not include full-time on-site observation of the construction progress,
O&M manual support, change order reviews, or other construction support services.
3. Consultant services shall be limited to the available budget.
Bremerton Reservoir 4 Cover Replacement 13 Exhibit A—Scope of Services
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4. The pre-construction/kickoff meeting will take approximately five hours (including travel,
meeting agenda, meeting notes), and be attended by the Project Manager and Design Lead.
5. Participate in up to 4 meetings via phone, by Project Manager and Design Lead, 2 hours in
length each.
6. Approximately 6 technical submittal/shop drawing packages will be reviewed, with 50
percent requiring resubmittal. An average review and processing time of five hours per
submittal/resubmittal (9 total) is used for budgeting
7. Approximately 10 RFI packages will be reviewed. An average review and processing time
of three hours per RFI is used for budgeting.
8. No Operations and Maintenance manual will be completed or reviewed by HDR. City will
review/accept O&M submittals from the Contractor.
Deliverables
1. Submittal review forms and RFI responses via email (PDF).
2. Draft-Final and Final record drawings, one set full size 24x36 and one set half size 11x17,
PDF copies. Final record drawings on CD/DVD in an AutoCAD version to be determined by
the City.
Task 1000 Management Reserve
Objective
1. Provide additional as-yet-defined services as requested by the City.
HDR Services
1. It is difficult to accurately anticipate all the issues that may arise during the development of
the project. This task establishes a management reserve fund for unidentified and
unanticipated work.
2. This task is specifically designed to allow payment to HDR under this contract for changes in
the scope of work which the City determines to be necessary. The funds included in this
task cannot be utilized without written approval from the City.
Client Responsibilities
1. When identified, authorize additional services in via email and/or in writing.
Assumptions
1. Approximately ten percent of the budget is established for additional services.
Deliverables
1. To be determined.
Bremerton Reservoir 4 Cover Replacement 14 Exhibit A—Scope of Services
AGENDA BILL � I
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Kitsap Community Resources Study Session Date: 10/28/15
Concession Agreement COUNCIL MEETING Date: 11/4/15
Department: Legal
Presenter: Roger Lubovich
Phone: (360) 473-2335
SUMMARY: Kitsap Community Resources has been operating low-income preschool child care,
senior leisure activities, lectures, and meetings on the subject property in excess of twenty years
under two previous concession agreements. The proposed concession agreement grants KCR
another ten year term on the subject property for these operations under similar terms and
conditions.
ATTACHMENTS: 1) Concession Agreement
2) Exhibit A
3) Program Contact Sheet
FISCAL IMPACTS (Include Budgeted Amount):
STUDY SESSION AGENDA: ❑ No Presentation � Full Presentation
STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to approve Kitsap Community Resources Concession Agreement
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 01/07/15
KITSAP COMMUNITY RESOURCES
CONCESSION AGREEMENT
THIS AGREEMENT is entered into by and between the CITY OF BREMERTON, a
municipal corporation duly organized and existing under the laws of the State of Washington,
(hereinafter referred to as "City"), and the KITSAP COMMUNITY R�SOURCES,
(hereinafter referred to as "KCR").
WHEREAS, the City is the owner of former United States Government surplus property
known as "East Park;" and
WHEREAS, KCR has been operating a facility on the subject property in excess of
twenty(20) years under two previous concession agreements; and
WHEREAS, the City and KCR desires to enter into a new concession agreement for
recreational and meeting facilities to serve the citizens of Bremerton; and
WHEREAS, the City and KCR agree that KCR's continued use of the subject property
under this agreement shall be the same as that under the previous agreements; and
WHEREAS, the Quit Claim Deed conveying title to East Park dated December 14, 1972,
between the City and the United States under Covenant Number Three, provides that the City
may provide related recreational facilities and services compatible with City's application
through concession agreements entered into with third parties, such as KCR; Provided, however,
That prior concurrence to such agreements is obtained, in writing, from the Secretary of the
Interior or his delegated representative, the Regional Director of the Western Region, National
Park Service, Department of the Interior; and
WHEREAS, KCR acknowledges and agrees to abide by the limitations and requirements
imposed upon the City by the deed of December l4, 1972 which is incorporated by reference,
NOW THEREFORE, in consideration of these mutual covenants and agreements, the
� City and KCR agree as follows:
1. RECITALS: The recitals set forth above are hereby incorporated as if set forth
herein in full.
2. PREMISES: The City hereby grants KCR a concession to provide services and
maintain and operate its facility upon the real property described in Exhibit "A", attached and
incorporated by reference. This grant of concession is subject to the approval of the Regional
Director of the Western Region,National Park Service, Department of the Interior.
3. TERM: KCR shall have the use of the area described as Exhibit "A",
commencing on January 1, 2015, and continuing for a term of ten (10) years expiring on
December 31, 2024, unless otherwise terminated as provided herein. As condition precedent,
1
Kitsap Communiry Resources
- Concession Agreement
this Agreement shall be subject to the KCR obtaining approval of all necessary state and federal
authorities which have power to control disposition or use of the property herein.
4. USE: An existing 4,000 square foot modular building will be used for low-
income pre-school child care, senior leisure activities, lectures, and meetings. A pre-school
playground has been developed for the KCR pre-school child care program and other park users.
KCR will schedule building use for other community non-profit organizations and private parties
during non-school hours on terms and conditions comparable to those for similar City park
meeting facilities. The playground will be available for public park users during no-school
hours. KCR shall maintain any improvements and landscaping of lawn areas in a clean, orderly
and safe condition.
5. CONSIDERATION:
(a) Concession Fee - 2015. For calendar year 2015, KCR shall pay an annual
concession fee of One Thousand Seven Hundred Eighty Dollars & 95/100 ($1,780.95) for its use
of the portion of East Park, described in Exhibit "A". •
(b) Concession Fee — Remainin�Term. Beginning with calendar year 2016
and each succeeding year thereafter, KCR shall pay an annual concession fee of Two Thousand
Two Hundred Dollars & 00/100 ($2,200.00).
(c) Consumer Price Index Adjustment. Effective January 1, 2017 and on each
succeeding January lst. throughout the term of this Agreement, the annual payment shall be
adjusted for the coming year by the percentage increase in the Consumer Price Index-Urban
(CPI-U) for all U.S. cities as published by the U.S. Department of Labor, Bureau of Labor
Statistics, for the immediately preceding calendar year.
(d) Pavment. KCR shall be billed for the annual concession fee in January of
the term for which payment is due and shall make payment within thirty days of invoice. �
� 6. LEASEHOI,D EXCISE TAX. Unless I{CR applies for and obtains an
exemption pursuant to RCW 84.36.040, or other applicable exemption, from the State of
Washington, in addition to the Concession Payment, KCR shall pay a leasehold excise tax,
pursuant to RCW 82.29A.030, on all Concession Payment amounts paid to the City, currently in
the amount of 12.84 percent of the base Lease Payment and as may be adjusted pursuant to
Chapter 82.29A RCW. KCR shall pay the Leasehold tax with the applicable Concession
payment.
7. OWNERS�IIP OF IMPROVEMENTS: All improvements, furnishings, and
equipment constructed or installed on the premises by KCR shall be personal property and KCR
shall have legal title thereto during the terrr► of this Agreement. KCR shall keep the
lmprovements and every part thereof in good condition and repair. Damage to improvements,
including the modular building, shall be repaired at the sole cost and expense of KCR. Upon
expiration or termination of this Agreement, KCR shall be allowed to remove personal property
and permanent improvements pursuant to Section l 8 below.
8. LICENSES, PERMITS AND UTILITIES: KCR shall pay for all licenses,
permits and utility fees and charges necessary for KCR to conduct KCR's business on the
premises.
2
Kitsap Community Resources
- Concession Agreement
9. BIENNIAL REPORTS: KCR shall furnish any and all information that may be
required for inclusion in the City's biennial report to the National Park Service, United States
Department of Interior. KCR shall submit an annual report to City, not later than one (1) month
after the end of each year's anniversary date of the commencement of KCR's performance of this
Agreement. This annual report shall summarize the funds collected and expended,
improvements made, attendance, hours of operation, operations and programs available for use.
10. RECORDS: KCR shall keep sufficient records of finance, attendance, operations
and improvements to provide information required for KCR's annual report and City's biennial
report and its compliance with the nondiscrimination clauses herein set out.
11. AUDITS AND INSPECTIONS: KCR's records and documents with respect to
all matters covered by this Agreement shall be subject at all times to inspection, review or audit
by City during the performance of this Agreement. KCR further agrees to structure its auditing
system in accordance with general accounting standards to be established by City.
12. ASSIGNMENTS/SUBCONTRACTING: KCR shall not assign any portion of
this Agreement, except for purposes of financing, without the written consent of City and the
National Park Service. Any assignment for other purposes shall be treated as a new concession
contract and shall be renegotiated with City.
13. HOLD HARMLESS AND INDEMNIFICATION: KCR 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 KCR's performance of this Agreement and the use of
the premises and any improvements thereon, except for that portion of the injuries and damages
caused by the City's sole negligence.
14. INSURANCE:
(a) Liabilitv Insurance. KCR, at its own expense, shall provide and keep in
force with companies acceptable to City public liability insurance for the benefit of KCR and
City jointly against liability for bodily injury and property damage in the amount of not less than
One Million Dollars ($1,000,000.00). KCR shall furnish City with a certificate of such policy
within thirty (30) days of the commencement date of this Agreement and thereafter shall satisfy
City that such policy is in full force and effect. Such policy shall name City as an additional
insured and shall be primary and noncontributing with any insurance carried by City and shall
contain a waiver of subrogation against the City for claims arising out of any operations,
liabilities and obligations to which coverage applies. The policy shall further provide that it shall
not be canceled or altered without twenty (20)days prior written notice to City.
(b) Hazard Insurance. Throughout the term of this Agreement, KCR shall
procure and maintain fire, hazard and extended coverage insurance on the modular building and
� its contents.
15. NONDISCRIMINATION: KCR shall not discriminate in employment or
services to the public on the basis of race, color, national origin, sex, religion, age marital status
or disability, except employment actions based on a bona fide occupational qualification.
3
Kitsap Community Resources
- Concession.4greement
16. DEFAULT: The occurrence of any one or more of the following events shall
constitute a default and breach of this Agreement by KCR.
(a) Abandonment. KCR vacates or abandons the Premises;
(b) Failure to Pav A�reement Pa,�. KCR fails to make any payment of
the Agreement Payment or any other payment required to be made by KCR hereunder;
(cj Failure to Observe Other Covenants. KCR fails to observe or perform
any of the covenants, conditions, or provisions of this Agreement to be observed or performed by
KCR where such failure shall continue for a period of thirty(30) days after written notice thereof
by City to KCR; provided, however, that if the nature of KCR's default is such that more than
thirty(30)days are reasonably required for such cure, then KCR shall not be deemed to be in
default if KCR commences such cure within said thirty (30) days and thereafter, diligently
prosecutes such cure to completion.
17. REMEDIES ON DEFAULT:
(a) Termination. In the event KCR fails to cure such default, City may, at any
time thereafter, terminate this Agreement by written notice to KCR. KCR may also seek any
other remedy provided by law.
(b) Remedies Cumulative. The remedies hereinafter described shall be
cumulative and City shall be entitled to pursue any other remedy now or hereafter available to
City under the law or judicial decisions of the State of Washington.
18. SURRENDER UPON EXPIRATION OR TERMINATION: At the expiration
or termination of this Agreement, KCR shall surrender the property to City. KCR shall remove
any modular buildings, personal property and fixed assets as provided herein and shall surrender
the premises and improvements in a clean and safe condition, ordinary wear and tear excepted.
Upon expiration or termination of this Agreement, KCR shall be allowed to remove
buildings and other permanent improvements during the time periods set forth in Section 19
below. If not so removed, title to all buildings and other permanent improvements shall vest in
City. Title to all supplies, furnishings, inventories, removable fixtures and removable equipment
and other personal property shall remain in KCR and KCR shall have the right to remove such
items from the premises unless KCR is in default of this Agreement. If KCR is in default, City
shall have the right to retain all property left on the premises.
19. INTE1tEST IN PROPERTY: City makes no representation of the title and if,
for any reason, City's title to said premises should terminate because of prior rights reserved by
the United States Government or other claimant, than this Agreement shall terminate and KCR
shall be under no further obligation to pay a concession fee. Upon termination, all buildings and
other permanent improvements may be removed from the property by KCR or its agent within
six (6) months from the date of said notice. An additional extension may be granted, on an as
needed basis, for removal of buildings and other permanent improvements for a period not to
exceed six (6) months if in writing and upon mutual agreement by the parties as to the terms and
conditions for the extension. The initial six (6) month period, and any extension thereof, for
removal of buildings and other permanent improvements are subject to the rights reserved by the
United States Government or other claimant. This Agreement shall not create or convey an
interest in Real Property in KCR.
4
Kitsap Community Resources
- Concession Agreement
20. CONDEMNATION: If the property, or any part thereof, is taken by eminent
domain, this Agreement shall expire on the date the property is taken. The concession payments
shall be apportioned as of that date. KCR shall be entitled to be reimbursed its pro-rata share of
any condemnation award because of loss of buildings or other structures unless KCR removes
said improvements.
21. ENTRY BY THE CITY. The City shall have the right to enter the Property at
any reasonable hour to inspect for compliance with the terms of this Agreement upon twenty-
four(24)hours notice.
22. 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.
23. SEVERABILITY: Should any part of this Agreement be found void, the balance
of the Agreement shall remain in full force and effect.
24. 1VIODI�'ICATION: This Agreement may only be modified by written instrument
signed by both Parties.
25. WRITTEN NOTICES: All communications regarding this Agreement shall be
sent to the parties at the addresses listed below, unless notified to the contrary. Any written
notice hereunder shall become effective upon the date of mailing by registered or certified mail,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
Citv Address Contractor Address
Director Executive Director
Bremerton Parks & Recreation Kitsap Community Resources
680 Lebo Blvd. 802—7t" Street
Bremerton, WA 98310 Bremerton, WA 98337
26. 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.
27. COMPLIANCE WITH LAWS: Contractor shall comply with all applicable
Federal, State, and local laws in performing its obligations under this Agreement. KCR, at its
sole expense, shall comply with all laws, orders and regulations of the federal, state and
municipal authorities issued pursuant to law which shall impose any duty upon City or KCR with
respect to the property. KCR shall comply with the requirements of all policies of public
liability, fire and other types of insurance that is, at any time, in force with respect to the building
and other improvements on the property.
5
Kitsap Community Resources
- Concession Agreement
28. 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.
29. 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year indicated.
CITY OF BREMERTON KITSAP COMMUNITY RESOURCES
By: By:
PATTY LENT, Mayor Its;
Dated Dated
ATTEST:
SHANNON CORIN, City Clerk
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
(Notary Acknowledgement on r�ext page)
6
Kitsap Community Resources
- Concession Agreement
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
On this day, before me appeared PATTY LENT, Mayor of the CITY OF
BREMERTON, the municipal corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein mentioned, and on oath stated
that he was authorized to execute the said instrument on behalf of said municipal
corporation.
GIVEN under my hand and official seal this day of ,
2015.
Notary Public in and for the State of
Washington, residing at
My appointment expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
On this day, before me appeared , the
� of KITSAP COMMUNITY RESOURCES,
the agency that executed the foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said agency, for the uses and purposes therein
mentioned, and on oath stated that he/she was authorized to execute the said instrument
on behalf of said agency.
GIVEN under my hand and official seal this day of ,
2015.
Notary Public in and for the State of
Washington, residing at
' My appointment expires:
R:\Legal\Legal\Files\Current Active Files\Kitsap Community Resources\Concession
Agreement - 2015 Final.doc
7
EXHIBIT "A"
The following is a description of a Concession Boundary, being portion of the northeasterly corner of tax parcel
3976-001-001-0300 in the Plat of United States Navy Yard Addition To Bremerton,volume 3 page 63 of Plat,
recorded in Kitsap County,WA.,also being in the NE corner of the City of Bremerton's property known as East
Park. •
Beginning at a concrete monument at the center of Section 12,T 24 N, R lE,W.M.,Kitsap County,WA.,
Said Center of Section 12 being approximately at the intersection of the center lines of Schley Blvd.and Twelfth
Ave;
Thence S02°Ol'25"W 1601.81;to POB;
Thence westerly along the along the north property line of said parcel,58+/-feet to the TPOB,as shown on ex;
Continuing westerly along said north property line 82+/-feet to a bend,to the right;
Continuing northwesterly along the said north property iine 74+/-feet to the back of the sidewalk of the southerly
right-of-way of Schley Blvd;
Continuing southwesterly along the back of the sidewalk of said southerly margin of Schley Blvd to the intersection ,
with the easterly right-of-way of Homer Jones Drive;
Continuing Southerly along said easterly right-of-way of Homer R.Jones Drive 145+/-feet to an intersedion with a
line which runs southeasterly from this point of intersection,Point"A"as shown on exhibit;
Continuing easterly along the outside of the existing fence established by the Day Care Concession to a bend,to
the left and Point"B",as show on exhibit.Point"B"being a point offset 79+/-feet westerly from the east line of
section 12 and offset southerly 77+/-feet from the TPOB;
Continuing northeasterly from Point"B"77+/-feet to the TPOB.
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Community Support Services
360-377-0053
KITSAP COMMUNITY ; - .--- . . ....-----._... ---------------- --�------------
esounces ,�;,.�
Veteran's AssiStance, Kinship Care, �
Christmas Angel Program, Support- �� '
Kitsap Community Resources (KCR) provides a network � A-Student and Homeless Childcare. / �:" " �
z� .::
of essential services, covering a wide range of needs. .�:-�-� .c ,�
For more information on any KCR program, including ; __._____...___ __.—__...._—___._..______—___.__ _
eligibility requirements, please contact the appropriate � Financial Education &Asset Building
office at the number listed. ; 360-473-2126
Early Learning And Family Services � .
� _ , •, Free financial education classes £t
360-473-2075 � resources designed to improve financial
` '°°� ' skills and understandin of credit scores,
Head Start, Earty Head Start, Early - �
p Childhood Education and Assistance banking services, asset building ft
Program, Parenting Education classes � financial independence.
_ �;> and Food Services. ,
- ,c .. Business Education Support&Training - BE$T
'- � � 360-473-2141
Women, Infants, and Children (WIC) Business training and mentoring
360-373-6221 I services provided to Kitsap County �
--- ---._.....------......------...------------------------
residents with limited financial z
Nutrition education, healthy food �'�t=;���.
resources in order to aid efforts to � '' � �
grocer checks, breast-feeding ;, � successfully own and manage their ��C�� �
education, farmer's market ' � � ,
- �� own business.
vouchers, non-invasive hemoglobin � �y
testing and medical referrals �'�' Energy Assistance and Home Weatherization
360-479-1507
AmeriCorps ` -
360-473-2015 ____ y, Energy Assistance and Utility
��° AmeriCorps National Service . Discount Programs, Weatherization
' Program and Kitsap Youth in . ' •.i{`�'. � and Related Minor Home Repair.
. �
Action (KYA)
� KCR LOCATIONS
--�---..- -�- ._... __. ---. ----
Employment and Training Administrative Services,WIC,Employment&Training,
360-478-2301 AmeriCorps,Food Services,BE$T
--.-_---.---....................-......._..----.._._..._-----..---.-..-------.._...._..-.----...-.-.-----._—.—.--.-. 845 8th Street, Bremerton,WA 98337, Call: 360-478-2301
� Job readiness classes, WIA and , ,�� �� � Early Learning&Family Services,Housing,
Energy Assistance,Weatherization,Veteran Services,
I TANF employment and training, �. 1201 Park Avenue, Bremerton, WA 98337, Call: 360-377-0053
Community Service Worker (CSW)
, "�' Employment&Training,Housing,Energy Assistance,
I Program and Veteran s Assistance � Weatherization,WIC,Veteran's Services
services 3200 SE Rainshadow Court, Port Orchard 98366
Call: 360-473-2144 xi
Housing Solutions Center WIC(360-692-6530)
Bremerton: 360-473-2035 N. Kitsap: 360-930-0075 Early Head Start Home Base(360-525-6106)
S. Kitsap: 360-473-2144, ext. 1, Youth: 360-621-0112 3513 NW Anderson Hill Rd., Silverdale,WA 98383
One-stop resource service for housing
, assistance services in Kitsap County, Visit us online @ www.kcr.org
, + _- including shelters, rental assistance "Like" us on FaceBook
�X� - - and landlord referrals. www•facebook.com/KitsapCommunityResources
• . . . .... . �. `; :.�;
�'c+' � /qct/on
�..,,...�.�...�, ...: . ,�,�. ;,:
From: Lori Smith on behalf of Citv Council
To: CiLy Council
Cc: Booer Lubovich;Wvn Birkenthal;Pattv Lent
Subject: FW:Citizen Comments of Appreciation-Local Government in Action (Irmgard Davis)
Date: Fnday,October 30,2015 1125:35 AM
The comments below are related to Item 71 of the November 4 City Council Meeting Packet...
From: Greg Wheeler
Sent: Friday, October 30, 2015 10:02 AM
To: Irmgardd@kcr.org; City Council
Subject: FW: Ciry Council Meeting
Good morning Irmgard,
Thank you sharing your kind words and I agree that we have a very professional staff, and dedicated
group of councilmembers that care deeply about our city. I am glad you enjoyed watching your local
government in action! I will forward your email to our City Council office to be distributed.
Lori,
Please forward Ms. Davis's kind words to all involved.
Greg Wheeler
President Bremerton City Council
(360) 204-0564
From: Irmgard Davis
Date: Thu, Oct 29, 2015 at 5:59 AM
Subject: City Council Meeting
To: Greg Wheeler
Good morning Greg,
I just wanted to thank the City Council members for their support for our Head Start site.
You have a great group of citizens, well informed about their Community and it was a
� pleasure to actually watch you all. Lots of good questions and dialog from both the Council
i Members and City Staff.
Had to use you personnel email, since that is all I have, please share with the Council
members if you feel that it is appropriate.
Thanks again for letting me share.
Irmgard Davis
Fiscal Officer
Kitsap Community Rcsources
Phone: 360-473-2002
• Fax: 360-525-6172
ww�v.kcr.ore - tivwtiv.FnceBook.rom - KCR Vidco
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Helping People. Clranging Lives.
AGENDA BILL 7 J
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Ordinance No. 5286 to amend Study Session Date: 10/28/15
Section 10.04.034 of the Bremerton COUNCIL MEETING Date: 11/04/15
Municipal Code (BMC) entitled "Inattention Department: Legal
to Driving" Presenter: Roger Lubovich
Phone: (360) 473-2335
SUMMARY: The proposed ordinance amends Section 10.04.034 of the Bremerton Municipal Code
entitled "Inattention to Driving." Penalties for violations under the proposed ordinance are referred to
Municipal Court Rate Table B as set forth in Chapter 3.01 of the Bremerton Municipal Code.
ATTACHMENTS: Ordinance No. 5286 amending Section 10.04.034 BMC
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: • ❑ No Presentation 0 Full Presentation
STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to pass Ordinance No. 5286 amending Section 10.04.034 of the
Bremerton Municipal Code entitled "Inattention to Driving."
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 01l07/15
ORDINANCE NO. 5286
�
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Section 10.04.034 of the
Bremerton Municipal Code entitled"Inattention to Driving."
WHEREAS, the City Council desires to amend Section 10.04.034 of the
Bremerton Municipal Code entitled "Inattention to Driving" relating to the penalties for
violations; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 10.04.034 of the Bremerton Municipal Code entitled
"Inattention to Driving" is hereby amended to read as follows:
(a) It is unlawful for any person to operate a motor vehicle in an inattentive manner.
For the purposes of this section, "inattentive manner" means the operation of a motor vehicle in
such a manner which evidences a lack of the degree of attentiveness required to safely operate
the vehicle under the prevailing conditions of the roadway, presence of other traffic, presence of
pedestrians, presence of traffic control devices or signage, presence of property, and/or weather
conditions.
(b) The offense of operating a vehicle in an inattentive manner shall be a lesser
offense than, but included in, the offense of operating a vehicle in a negligent manner under
RCW 46.61.525, and any person charged pursuant to RCW 46.61.525 may be convicted of the
lesser offense of operating a vehicle in an inattentive manner.
(c) Violation of this section shall constitute a civil infraction subject to�the penalty
��,..,o�.,,„a..oa �.,,o�*.. �,,..a„>>.,..� �e,�� nmostablished in Municipal Court- Rate Table B as
set forth in Chapter 3.01 of the Bremerton Municipal Code.
SECTION 2. �fective Date of Section 1. The amendments to Section 10.04.034
of the Bremerton Municipal Code as set forth in Section 1 above shall be effective January 1,
2016.
SECTION3. Severabilitv. 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. �fective 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 , 2015
GREG WHEELER, Council President
1
Inattention to Driving
Approved this day of , 2015
PATTY LENT, Mayor
ATTEST: APPROVED AS TO FORM:
SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of , 2015
EFFECTIVE the day of , 2015
ORDINANCE NO.
R:\Legal\Legal\Ordinances\Legal\BMC 10 04 034-Inattention to Driving.docx
2
Inattention to Driving
\
\
!
From: Lori Smith on behalf of City Council
Sent: Thursday,October 29, 2015 9:41 AM
To: City Council
Subject: FW: Response to Request for Data -Inattention To Driving (Roy Runyon)
Attn: Council Members(FYI)
From: Dawn Nelson
Sent:Thursday, October 29, 2015 9:37 AM
To: City Council
Subject: Inattention To Driving
Good Morning,
Councilman Runyon asked about Inattention to Driving numbers at the budget meeting on Tuesday. I pulled together numbers
for the last 3 years. Please let me know if you need more data than this.
(#of inattention infractions includes both cases originally filed by the officer as inattention and cases the prosecutor amended to
inattention) This charge appears to account for about 15%of all infractions.
Year #of inattention citations #of total infraction citations issued
2015 337 2192 (through 10-28-2015)
2014 606 4000
2013 657 5376
Thank you,
1Da�-vn 'NeCso���
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1