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11/18/2020 AGENDA PACKET
______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 WEDNESDAY, NOVEMBER 18, 2020 CITY COUNCIL MEETING AGENDA Virtual/Live Stream - Zoom Webinar To help reduce the spread of COVID-19, the City Council is conducting a virtual meeting. The Chambers will be closed, and all Council Members and staff will be participating in the meeting remotely. The public is invited to view and/or participate in the Council Meeting through one of the following options: To stream online only (via BKAT Feed, with no interaction possible: https://bremerton.vod.castus.tv/vod/?live=ch1&nav=live To Join the Zoom Meeting, members of the public are invited to click the link below: https://us02web.zoom.us/j/81224188147?pwd=Wk5zT3BPZWVERWFuUklxNlR2U1dPUT09 Or iPhone one-tap: US: +12532158782,,86352650329#,,,,,,0#,,209823# or +16699006833,,86352650329#,,,,,,0#,,209823# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 6833 or +1 312 626 6799 Webinar ID: 812 2418 8147 Passcode: 209823 Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us 1.CALL TO ORDER: 5:30 PM 2.CONSENT AGENDA A.Claims and Check Register B.Minutes of Budget Workshop – October 29, 2020 C.Minutes of Budget Workshop – November 2, 2020 D.Minutes of Meeting – November 4, 2020 E.Minutes of Special Meeting – November 9, 2020 F.Services Reimbursement Agreement with Peninsula Community Health Services for Security Services at Salvation Army G.Public Works Agreement with AJ Spray Foam Services LLC dba Slabjack Geotechnical for the Sidewalk Trip Hazard Removal Project H.Professional Services Agreement with KPG for the Marine Drive Water Main Replacement Project 3.GENERAL BUSINESS A.Goods & Services Agreement with Landscape Structures, Inc. for the Purchase of Playground Equipment for the Warren Avenue Park Renovation Project B.Resolution No. 3334 to make a Declaration of Substantial Need for purposes of Setting the Limit Factor for the General Property Tax Levy and EMS Levy for 2021 C.Ordinance No. 5407 to Levy Property Taxes for Collection in 2021 Continued on next page… 4. PUBLIC HEARING A. Final Public Hearing on Ordinance No. 5408 to approve and adopt the FY-2021 City of Bremerton Budget 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: N/A Claims & Check Register COUNCIL MEETING Date: November 18, 2020 Department: Legal Services Presenter: Angela Hoover Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1. Check Numbers 391360 through 391699 and Electronic Fund Transfers V31862 through V31948 in the grand total amount of $4,121,823.06 2. Regular Payroll for pay period ending October 31, 2020 in the amount of $934,042.60 3. Regular Payroll Payout for pay period ending October 31, 2020 in the amount of $1,996.26 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Budget Workshop – October 29, 2020 Study Session Date: N/A COUNCIL MEETING Date: November 18, 2020 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Budget Workshop held on October 29, 2020 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the October 29, 2020 Budget Workshop Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 2B 22C DIGITAL RECORDING CITY COUNCIL BUDGET WORKSHOP MINUTES Thursday, October 29, 2020 A Virtual Budget Workshop of the City Council of the City of Bremerton was called to order on Thursday, October 29, 2020, at 3:00 PM, with Council President Eric Younger presiding. Council members present were Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, and Pat Sullivan. Council Member Leslie Daugs was absent. Legislative Office Manager Lori Smith was present to provide staff support. President Younger announced that tonight’s Budget Workshop was for the Council to hear presentations on the proposed 2021 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. Financial Services Director Mike Riley and Public Works Director Tom Knuckey led presentations on the Public Works & Utilities Department. President Younger announced that the next Budget Workshop will be held remotely on Monday, November 2 beginning at 3:00 PM. With no further business, President Younger adjourned the Budget Workshop at 4:22 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 18th day of November, 2020 ______________________________ ERIC YOUNGER, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk EY:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Budget Workshop – November 2, 2020 Study Session Date: N/A COUNCIL MEETING Date: November 18, 2020 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Budget Workshop held on November 2, 2020 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the November 2, 2020 Budget Workshop Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 2C 22C DIGITAL RECORDING CITY COUNCIL BUDGET WORKSHOP MINUTES Monday, November 2, 2020 A Virtual Budget Workshop of the City Council of the City of Bremerton was called to order on Monday, November 2, 2020, at 3:02 PM, with Council President Eric Younger presiding. Council members present were Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Legislative Office Manager Lori Smith was present to provide staff support. President Younger announced now that the Department presentations have concluded, the purpose of tonight’s Budget Workshop was for a continued review and discussion of the Mayor’s proposed 2021 Budget. It was further announced that this Budget Workshop was open to the public to listen in, 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. President Younger announced an opportunity for public comment would be during the first Public Hearing at the next Council Meeting that will be held remotely on Wednesday, November 4 beginning at 5:30 PM. With no further business, President Younger adjourned the Budget Workshop at 4:35 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 18th day of November, 2020 ______________________________ ERIC YOUNGER, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk EY:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting – November 4, 2020 Study Session Date: N/A COUNCIL MEETING Date: November 18, 2020 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on November 4, 2020 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the November 4, 2020 Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 2E 2 CITY COUNCIL VIRTUAL MEETING MINUTES Wednesday, November 4, 2020 A virtual meeting of the City Council of the City of Bremerton was called to order Wednesday, November 4, 2020, at 5:30 PM with Council President Eric Younger presiding. Council Members present were Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Angela Hoover; Legislative Office Manager Lori Smith; and Information Technology Systems Engineer Hans Nilsson. President Younger read a statement that per an amending proclamation issued by Governor Inslee extending the “Stay Home – Stay Healthy” order, the Council Meetings are allowed to be conducted virtually through November 9, 2020... CONSENT AGENDA 2A – Claims & Check Register: Check Numbers 391310 through 391359, and EFT-V31842 through EFT-V31861 in the amount of $996,239.39; and Retiree Payroll for pay period ending October 31, 2020 in the amount of $51,853.18 2B – Minutes of Meeting – October 21, 2020 2C – Minutes of Budget Workshop – October 26, 2020 2D – Minutes of Study Session – October 28, 2020 2E – Amendment No. 1 to Lease Agreement with Pacific NW Marine Co. dba Freedom Boat Club 2F – Confirm Reappointment of Bill Mosiman to Planning Commission 2G – Confirm Reappointment of Rick Tift to Planning Commission 2H – Confirm Appointment of Faye Flemister to Planning Commission 2I – Professional Services Agreement with Parametrix, Inc. for the Joint Compatibility Transportation Plan 2J – Purchase of Bulk 12.5% Low-Salt Sodium Hypochlorite Solution from HASA, Inc. for the Westside Wastewater Treatment Plant 2K – Purchase of 2 Grinders from JWC Environmental for the Westside Wastewater Treatment Plant 2L – Sole Source Purchase of Pump Parts from Whitney Equipment Company, Inc. for EB-6 Lift Station 2M – Renewal of Support and Maintenance Agreement with Industrial Software Solutions There were no questions or comments from the public… 5:34 M/S/C/U (Wheat/Daugs) Move to approve the CONSENT AGENDA as presented. President Younger reported on the discovery that the Zoom webinar link provided for use by the public had unexpectedly expired. Mr. Nilsson established that he immediately updated the access code and republished it on the City of Bremerton website…Following a lengthy discussion about the proper procedure to assure transparency, it was determined to rescind the previous action; and to restart the Motion and vote by the Council for the Consent Agenda… 6:14 M/S/C/U (Wheat/Daugs) Move to rescind the Consent Agenda; and reconsider the Consent Agenda as presented. There were no questions or comments from the public… City Council Reg. Mtg. Minutes Wednesday, November 4, 2020 Page 2 of 6 6:17 M/S/C/U (Wheat/Daugs) Move to approve the CONSENT AGENDA as presented. President Younger thanked Bill Mosiman and Rick Tift for their continued service on the Planning Commission; and thanked Faye Flemister for her willingness to be appointed as a new member. PUBLIC HEARINGS 3A – PUBLIC HEARING ON REVENUE SOURCES FOR THE PROPOSED FY-2021 CITY OF BREMERTON BUDGET: Financial Services Director Mike Riley summarized that the purpose of tonight’s public hearing is to take comments on the revenue sources for the 2021 Proposed Budget. The proposed budget anticipates property and EMS levy increases of the full 1% allowed by law, leaves utility tax rates unchanged. The proposed budget also adjusts for the annual $20,000 increase to the B&O tax exemption rate, incorporates utility rate increases and includes interfund transfers between funds where appropriate. Overall, the revenue projections throughout all funds remain conservative. President Younger explained the purpose of this Public Hearing is to accept public comment; and that no action would be taken tonight… With no questions or comments received, President Younger closed the hearing to the public. 3B – PUBLIC HEARING (1 OF 2) ON THE PROPOSED FY-2021 CITY OF BREMERTON BUDGET: Financial Services Director Mike Riley summarized that the purpose of tonight’s public hearing is to take comments on the 2021 Proposed Budget. Budget workshops were held on October 26, October 29, and November 2 where an overview of the Mayor’s proposed budget was presented to Council. Public comments will be taken into consideration before Council adopts a final ordinance on November 18. President Younger explained the purpose of this Public Hearing is to accept public comment; and that no action would be taken tonight… Jeff Coughlin, President, Kitsap County Historical Society Museum expressed comments in support of the proposed budget, and appreciated that disbursements of Lodging Tax Funds were included. With no further questions or comments, President Younger closed the hearing to the public. 3C – PUBLIC HEARING FOR CONTRACT MODIFICATION NO. 1 TO AGENCY SERVICE AGREEMENT WITH BREMERTON HOUSING AUTHORITY FOR THE EMERGENCY RENTAL ASSISTANT PROGRAM: CDBG Program Administrator Sarah Achauoui explained that on September 11, 2020 the City of Bremerton was notified that funds were made available under the CARES Act. There were three rounds of funding and the City was awarded funds under the first and the third round. The third round known as CDBG-CV3 was made available under the Coronavirus Aid, Relief, and Economic Security Act (CARES). The City was notified that the grant amount under CDBG-CV3 is $265,048. The cumulative amount received for all allocation rounds is $533,431. Emergency Rental Assistance has been a high need and there have been no other funds from other sources to assist those households who have been adversely affected by COVID-19. This contract modification would modify the contract to increase the amount awarded to the Bremerton Housing Authority to implement this program. Sarah Van Cleve, Housing Director with the Bremerton Housing Authority was also available to answer questions. President Younger explained the purpose of this Public Hearing is to accept public comment… With no further questions or comments received, President Younger closed the hearing to the public; and opened discussion for the Council… Matthew Adams expressed his appreciation for the Council Members and all of their efforts. 6:46 Motion was made by Daugs and seconded by Gorman…Comments were provided by Daugs, City Council Reg. Mtg. Minutes Wednesday, November 4, 2020 Page 3 of 6 Wheat, Simpson, Goodnow; and Younger… 6:50 M/S/C/U (Daugs/Gorman) Move to approve the contract modification; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 3D – PUBLIC HEARING ON RESOLUTION NO. 3332 ADOPTING THE 2021 TO 2025 KITSAP COUNTY AND CITY OF BREMERTON CONSOLIDATED PLAN: CDBG Program Administrator Sarah Achaoui used a Power Point to further explain that on June 10, 2020 City Council approved the funding recommendations guiding the framework of the Strategic Plan of the 2021-2025 Consolidated Plan. In compliance with the U.S. Department of Housing & Urban Development (HUD) regulations (24 CFR Part 91), the Consolidated Plan is adopted and submitted every five years. The City of Bremerton and Kitsap County entitlement grant programs, consisting of CDBG and HOME funds, implement this plan as a consortium. The City has a stand-alone plan detailing its use of CDBG funds, and the Housing Component of the Plan detailing use of HOME funds is included in the Consortium Plan. The Plan is prerequisite to receiving federal funds, and also serves as the City’s application to HUD for such funds. The current plan will expire on December 31, 2020. President Younger explained the purpose of this Public Hearing is to accept public comment… With no questions or comments received, President Younger closed the hearing to the public; and opened discussion for the Council… 6:59 Motion was made by Wheat and seconded by Daugs... Questions and comments were provided by Wheat and Daugs…with responses provided by Ms. Achaoui… 7:01 M/S/C/U (Wheat/Daugs) Move to pass Resolution No. 3332 approving the 2021-2025 Kitsap County and City of Bremerton Consortium Consolidated Plan. 3E – PUBLIC HEARING ON RESOLUTION NO. 3333 APPROVING THE 2021 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME FUNDING RECOMMENDATIONS FOR INCLUSION IN THE 2021 CDBG/HOME ACTION PLAN: CDBG Program Administrator Sarah Achaoui used a Power Point presentation to assist in explaining that on June 10, 2020 City Council approved the 2021 CDBG/HOME Policy Plan outlining the CDBG and HOME funding allocation process. Based on that policy, the Project Review Committee has developed the 2021 funding recommendations for Council consideration and approval. If approved, these submissions will be sent to the Department of Housing and Urban Development (HUD) in the City’s Annual Action Plan. President Younger explained the purpose of this Public Hearing is to accept public comment… With no questions or comments received, President Younger closed the hearing to the public; and opened discussion for the Council… 7:10 Motion was made by Wheat and seconded by Sullivan… Questions and comments were provided by Wheat, Sullivan, and Daugs…with responses provided by Ms. Achaoui; Mr. Lubovich; and Ms. Hoover… Ms. Daugs established that due to her appointment on the Kitsap Community Resources Board of Directors, she would abstain from this vote to avoid the appearance of a conflict of interest… 7:13 M/S/C (Wheat/Sullivan) Move to pass Resolution No. 3333 approving the 2021 funding recommendations to be included in the 2021 Action Plan to HUD; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Simpson, Sullivan, Gorman, Wheat, Goodnow, and Younger Abstained: Daugs Motion carried: 6-Yes; 1-Abstention City Council Reg. Mtg. Minutes Wednesday, November 4, 2020 Page 4 of 6 GENERAL BUSINESS 4A – ORDINANCE NO. 5405 AMENDING AND RE-ESTABLISHING CITY RATES & FEES FOR 2021: Financial Services Director Mike Riley summarized that each year, as part of the budget process, the various City Departments review their charges, rates and fees for services and make recommendations on any changes needed. The attached included recommended changes to fees charged by the various departments. There were no comments from the public… 7:17 Motion was made by Gorman; and seconded by Sullivan… Questions and comments were provided by Gorman, Sullivan, Daugs, Simpson, and Younger; with responses provided by Mr. Riley… 7:21 M/S/C/U (Gorman/Sullivan) Move to pass Ordinance No. 5405 amending and re-establishing City Rates and Fees for 2021. 4B – ORDINANCE NO. 5406 AMENDING AND RE-ESTABLISHING UTILITY ASSESSMENTS, RATES, FEES, & CHARGES FOR 2021: Financial Services Director Mike Riley used a Power Point to further establish that this ordinance would amend and re-establish the 2021 Utility Assessments, Rates, Fees, and Charges. There were no comments from the public… 7:26 Motion was made by Gorman; and seconded by Sullivan… Questions and comments were provided by Simpson, Wheat, Younger; with responses provided by Mr. Riley; and Mayor Wheeler… 7:33 M/S/C/U (Gorman/Sullivan) Move to pass Ordinance No. 5406 amending and re-establishing 2021 Assessments, Rates, Fees, and Charges for Water, Wastewater, Stormwater, and other related services. 4C – AGREEMENT WITH BERSCHAUER CONSTRUCTION, INC. FOR FIRE STATIONS NO. 2 AND 3 DORMITORY REMODEL PROJECT: Public Works & Utilities Director Tom Knuckey summarized that requests for proposals were advertised to construct improvements to the City Fire Station #2 and #3 Dormitories to create separate sleeping quarters and improved life safety measures at each location. Low Bid was received from Berschauer Construction Inc., of Olympia, WA. The Department requests approval of the Bid Award to Berschauer Construction Inc. in the bid amount of $398,940.00. Fire Chief Pat McGanney added to the presentation with Power Point slides to highlight further details of the project. There were no comments from the public… 7:38 Motion was made by Daugs; and seconded by Sullivan… Questions and comments were provided by Sullivan, Simpson, Wheat, and Daugs; with responses provided by Chief McGanney… 7:45 M/S/C/U (Daugs/Sullivan) Move to award the contract with Berschauer Construction Inc. for the construction of the Fire Station #2 and #3 Dormitory Remodel Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. President Younger called a break at 7:45 PM; and called the meeting back in session at 7:50 PM… 4D – PURCHASE OF LIGHT FIXTURES FROM NORTH COAST ELECTRIC, INC. FOR DOWNTOWN LED LIGHTING IMPROVEMENT: Public Works & Utilities Director Tom Knuckey used a Power Point to establish that subsequent to Council’s approval on October 21, 2020 to purchase Spring City LED Streetlight fixtures from Graybar Services Inc., for the Downtown Lighting Improvement Project, staff became aware that the purchase was not a sole source, and that other vendors are able to sell the fixtures. In compliance with BMC 2.76, additional bids were obtained City Council Reg. Mtg. Minutes Wednesday, November 4, 2020 Page 5 of 6 (total of 4 received), with the low bid was from North Coast Electric. The purchase approved by Council on October 21, 2020 will not be completed, and instead staff request approval to purchase the 78 LED light fixtures from North Coast Electric. There were no comments from the public… 7:54 Main Motion was made by Sullivan; and seconded by Simpson…Comments were provided by Sullivan… 7:59 Amending Motion was made by Gorman; and seconded by Wheat… Questions and comments were provided by Gorman, Wheat, Simpson, Goodnow, Daugs, and Younger; with responses provided by Mr. Knuckey, Mr. Gorman, and Managing Engineer Shane Weber… 8:11 Amendment-M/S/C (Gorman/Wheat) Move to approve the purchase of light fixtures not to exceed a correlated color temperature of 3,000 Kelvins from North Coast Electric, Inc; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Amended Motion: Goodnow, Daugs, Gorman, Wheat, Younger Voted opposed to Amended Motion: Simpson, Sullivan Amending Motion carried: 5-Yes; 2-No 8:28 Main-M/S/C (Sullivan/Simpson) Move to approve the purchase of light fixtures from North Coast Electric, Inc; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as amended. Voted in favor of Main Motion: Wheat, Goodnow, Daugs, Gorman, Younger Voted opposed to Main Motion: Simpson, Sullivan Main Motion carried: 5-Yes; 2-No MAYOR’S REPORT – Mayor Wheeler… Was happy to report on the total permits and valuations for permits approved to date; including an overview of the annual 2020 permitting activity for October over the last few years; and Expressed how much he enjoyed the discussions held at the Council Meeting tonight. PUBLIC RECOGNITION Jeff Coughlin, President, Kitsap County Historical Society Museum appreciated the professionalism and decorum shown by the Council Members and Mayor during tonight’s meeting. COUNCIL MEMBER REPORTS Leslie Daugs cautioned drivers to be safe and to watch for students near bus stops now that it is getting darker earlier. Kevin Gorman thanked the Council for their indulgence in allowing him to bring up the earlier conversation on streetlight fixtures. Lori Wheat thanked President Younger, Council Members, and the Administration for taking public involvement very serious tonight, especially during the technical difficulties experienced at the beginning of the evening; and wished everyone an early Happy Veterans Day. Michael Goodnow thanked fellow Council Member Gorman for his knowledge and expertise in leading the earlier discussion on streetlight fixtures; reminded the community that voting was open from now until 5:00 PM on November 6 at https://www.kitsapbank.com/business/edg3-fund/ for Edge3 finalists, and that the business with the most votes would receive a $5,000 “Public Favorite Award”, noting that all of the businesses were worthy, including “Street Eats”, a proposed “Food Truck Village” City Council Reg. Mtg. Minutes Wednesday, November 4, 2020 Page 6 of 6 in Bremerton; and lastly, countered earlier comments by stating that in order to open businesses back up, the pandemic must be brought under control first. Mike Simpson commented on the importance of the election on both a federal and local level; acknowledged that this was the 96th anniversary of the first women being elected to the office of governor [in Wyoming]; appreciated Mayor Wheeler being factual without taking a side when representing the City at a recent Kitsap Public Health District meeting; and lastly expressed his belief that the lockdown never should have happened, and should never happen again because it will take herd immunity to “solve the pandemic”. Eric Younger encouraged citizens to follow CDC Guidelines regarding the pandemic; and reminded the public that the City Council Study Session will be held remotely next week as a Special Meeting on Monday, November 9 due to the Veterans Day Holiday on Wednesday, November 11. With no further business, President Younger adjourned the Council Meeting at 8:43 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 18th day of November, 2020. ________________________________________ ERIC YOUNGER, City Council President Attest: ________________________________________ ANGELA HOOVER, City Clerk EY:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Special Meeting – November 9, 2020 Study Session Date: N/A COUNCIL MEETING Date: November 18, 2020 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Special Meeting held on November 9, 2020 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ☒ N/A STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the November 9, 2020 Special Meeting Minutes as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/3/17 2E 22C CITY COUNCIL SPECIAL MEETING MINUTES Monday, November 9, 2020 A virtual Special Meeting of the City Council of the City of Bremerton was called to order on Monday, November 9, 2020, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Mike Simpson, Michael Goodnow, Lori Wheat, Kevin Gorman, and Pat Sullivan. Council Member Leslie Daugs was absent. Lori Smith, Legislative Office Manager, was present to provide staff support. President Younger established that to help reduce the spread of COVID-19, the City Council is conducting the Study Session via a Zoom webinar with Council Members and staff participating remotely. He further established that the Special Meeting was open for the public to listen in, but there would be no opportunities for input; no action is anticipated; and the content of these items is subject to change. If approved by the Council, items will be placed on the November 18, 2020 City Council Meeting Agenda… A. BRIEFINGS ON AGENDA ITEMS 1. Goods & Services Agreement with Landscape Structures, Inc. for the Purchase of Playground Equipment for the Warren Avenue Park Renovation Project General Business 2. Security Services Reimbursement Agreement with Peninsula Community Health Services Consent Agenda 3. Professional Services Agreement with KPG for the Marine Drive Water Main Replacement Project Consent Agenda 4. Public Works Agreement with AJ Spray Foam Services LLC dba Slabjack Geotechnical for the Sidewalk Trip Hazard Removal Project Consent Agenda 5. Resolution to make a Declaration of Substantial Need for purposes of Setting the Limit Factor for the General Property Tax Levy and EMS Levy for 2021 General Business 6. Ordinance to Levy Property Taxes for Collection in 2021 General Business 7. Proposed Public Hearing on the Proposed FY-2021 City of Bremerton Budget Public Hearing B. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (11/03/20 Meeting) – Member Mike Simpson President Younger announced the next City Council Meeting would be held on Wednesday, November 18; and will be held remotely. With no further business, the Study Session was adjourned at 6:45 PM. Prepared and Submitted by: ______________________________ LORI SMITH Legislative Office Manager APPROVED by the City Council on the 18th day of November, 2020. City Council Special Meeting Minutes Monday, November 9, 2020 Page 2 of 2 ______________________________ ERIC YOUNGER, Council President ATTEST: ______________________________ ANGELA HOOVER, City Clerk EY:AH:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Services Reimbursement Agreement with Peninsula Community Health Services for Security Services at Salvation Army Special Meeting Date: November 9, 2020 COUNCIL MEETING Date: November 18, 2020 Department: Financial Services Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The City of Bremerton and Peninsula Community Health Services wish to enter a Services Reimbursement Agreement. This is a cooperative effort in which the City will reimburse PCHS for its payments to the Salvation Army for security services and the Salvation Army will provide security services at its 6th Street facility. The funds will assist PCHS as it administers a mental health grant from Kitsap County; the grant's aim is to provide mental health outreach services. The agreement between PCHS and the Salvation Army is attached and incorporated into the funding agreement as Exhibit A. ATTACHMENTS: 1) Services Reimbursement Agreement between the City of Bremerton and PCHS FISCAL IMPACTS (Include Budgeted Amount: Included in the 2021 Budget at the not to exceed amount of $30,000. SPECIAL MEETING AGENDA: ☒ Limited Presentation ☐ Full Presentation SPECIAL MEETING ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Security Services Reimbursement Agreement with Peninsula Community Health Services; and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2F Page 1 of 7 Bremerton/[Peninsula Community Health Services] [Security Funding Agreement] Rev. 07/2018 SERVICES REIMBURSEMENT AGREEMENT Salvation Army Security Guard Funding Agreement The City of Bremerton (“City”) and Peninsula Community Health Services (“PCHS”), referred to collectively as the “Parties,” enter into the following Agreement for funding of services: I. Scope: PCHS shall provide the following service for the benefit of the City: maintaining a contract with the Salvation Army to employ a trained security guard for security services at, its facility at 832 6th Street in Bremerton. The PCHS contract with the Salvation Army, attached hereto as Exhibit A, sets forth the terms of their agreement. The City's role in this Agreement is only reimbursement of expenses for services provided. The City has no interest, control or liability regarding the contract between PCHS and the Salvation Army. II. Term: The City and the PCHS 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 by December 31, 2021, 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 PCHS in an amount not to exceed $30,000. PCHS shall submit monthly billing statements detailing the services for which PCHS has contracted and the amount paid to the Salvation Army during the preceding month. Upon receipt of a conforming billing statement, the City shall promptly process payment. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. PCHS shall not be reimbursed for work beyond the scope of this Agreement, unless the Scope is modified pursuant to section VI herein. 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 PCHS of its obligations under this Agreement. IV. Relationship of Parties: PCHS 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. PCHS and its personnel are independent entities and not employees of the City. PCHS 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 PCHS. PCHS will be solely and entirely responsible for its acts and for the acts of PCHS's agents, employees, representatives and sub- PCHSs during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent PCHSs to perform the same or similar work. As an independent entity, PCHS 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 PCHS or its personnel. Page 2 of 7 Bremerton/[Peninsula Community Health Services] [Security Funding Agreement] Rev. 07/2018 As an independent entity, PCHS 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 PCHS. V. Indemnification: A. PCHS shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless PCHS 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 PCHS’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the PCHS and the City, its officers, officials, employees, agents and volunteers, the PCHS's liability hereunder shall be only to the extent of the PCHS's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PCHS'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The PCHS 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 PCHS, its agents, representatives, employees, sub-PCHSs or sub-contractors. Before beginning work on the project described in this Agreement, the PCHS 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 Page 3 of 7 Bremerton/[Peninsula Community Health Services] [Security Funding Agreement] Rev. 07/2018 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of PCHS. 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 PCHS 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. PCHS'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. PCHS's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon PCHS to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, PCHS 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. PCHS shall maintain accounting records in Page 4 of 7 Bremerton/[Peninsula Community Health Services] [Security Funding Agreement] Rev. 07/2018 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 PCHS in connection with the services performed by the PCHS under this Agreement will be safeguarded by PCHS to at least the same extent as PCHS safeguards like information relating to its own business. If such information is publicly available or is already in PCHS's possession or known to it, or is rightfully obtained by PCHS from third parties, PCHS shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by PCHS under this Agreement may be stored at PCHS's office in Bremerton, Washington. PCHS 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 PCHS pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C. Use of Photographs and Images. PCHS shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by PCHS or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at PCHS's Risk: PCHS shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-PCHSs in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at PCHS's own risk, and PCHS 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 PCHS shall perform the work authorized under this Agreement at Salvation Army offices at 632 8th Street, Bremerton, Washington. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. Page 5 of 7 Bremerton/[Peninsula Community Health Services] [Security Funding Agreement] Rev. 07/2018 H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: PCHS: Attn: Melinda Monroe Attn: Brynn Felix, General Counsel City of Bremerton Peninsula Community Health Services 345 6th Street, Suite 100 400 Warren Avenue, STE 200 Bremerton, WA 98337-1891 Bremerton, WA 98337 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: PCHS 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. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: PCHS 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 Page 6 of 7 Bremerton/[Peninsula Community Health Services] [Security Funding Agreement] Rev. 07/2018 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 PCHS shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of PCHS to proceed shall not be terminated nor shall PCHS be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its PCHSs, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the PCHS, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the PCHS must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the PCHS 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 PCHS's possession pertaining to this project which may be used by the City wit hout restriction. Any such use not related to the project which PCHS was contracted to perform shall be without liability or legal exposure to the PCHS. X. Equal Employment Opportunity Statement. It is the policy of the City of Bremerton to offer equal employment opportunity to all individuals. The City of Bremerton will administer all actions with respect to employment practices in compliance with federal, state and local laws, and will not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. XI. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs , services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. Page 7 of 7 Bremerton/[Peninsula Community Health Services] [Security Funding Agreement] Rev. 07/2018 IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: PCHS: CITY OF BREMERTON PENINSULA COMMUNITY HEALTH SERVICES By: By: Print Name: Print Name: Its: Mayor Its: Chief Executive Officer Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Special Meeting Date: November 9, 2020 Public Works Agreement with AJ Spray Foam Services LLC dba Slabjack Geotechnical for the Sidewalk Trip Hazard Removal Project COUNCIL MEETING Date: November 18, 2020 Department: Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: The City bid the project using the MRSC Small Works Roster, opening bids on October 29, 2020 and four (4) bids were received. The apparent low bid was rejected due to the bidder's lack of experience. AJ Spray Foam Services LLC, dba Slabjack Geotechnical was the lowest responsive, responsible bidder with their bid at $172,491.75 including sales tax. This project will eliminate trip hazards at various locations throughout the City including West Bremerton, the Sylvan Way area, in the Manette Area, and along Russell Road, using polyurethane foam injection with grinding as needed. ATTACHMENTS: 1) Public Works Agreement; 2) Project Location Map; 3) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount) The budget for 2020 is $175,000; ($141,000 from Residential Streets Fund and $ 34,000 from the Transportation Capital Fund) SPECIAL MEETING AGENDA: ☒ Limited Presentation ☐ Full Presentation SPECIAL MEETING ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Public Works Agreement with AJ Spray Foam Services LLC dba Slabjack Geotechnical for the Sidewalk Trip Hazard Removal Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2G City of Bremerton Page 1 of 8 Agreement Sidewalk Trip Hazard Removal Project October 2020 Project #: 6028 – 2020-21 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation (“City”), and AJ Spray Foam Services, LLC dba Slabjack Geotechnical (“Contractor”), whose mailing address is 630 Valley Mall Parkway PMB 431, East Wenatchee, WA 98802. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City described in the Request for Bids titled: SIDEWALK TRIP HAZARD REMOVAL PROJECT #6028 – 2020-21. 2. TIME OF COMPLETION. Contractor shall complete the work within 40 Working Days from the date of issuance of the City’s Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $ 172,491.75, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City’s right to final inspection and acceptance of the project. A. Performance Bond and Payment Bond. Pursuant to Chapter 39.08 RCW, the Contractor shall provide the City a performance bond and payment bond for the full contract amount to be in effect until thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City’s written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. “Additional costs” shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the City of Bremerton Page 2 of 8 Agreement Sidewalk Trip Hazard Removal Project October 2020 Project #: 6028 – 2020-21 maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payrol l deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. “Good cause” shall include, without limitation, any one or more of the following events: A. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor’s failure to complete the work within the time specified in this agreement. C. The Contractor’s failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor’s persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. City of Bremerton Page 3 of 8 Agreement Sidewalk Trip Hazard Removal Project October 2020 Project #: 6028 – 2020-21 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City’s project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Cont ractor’s costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract’s protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. City of Bremerton Page 4 of 8 Agreement Sidewalk Trip Hazard Removal Project October 2020 Project #: 6028 – 2020-21 B. Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor’s written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City’s acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City of Bremerton Page 5 of 8 Agreement Sidewalk Trip Hazard Removal Project October 2020 Project #: 6028 – 2020-21 City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City’s sole negligence. The City’s inspection or acceptance of any of Contractor’s work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and C. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate; and City of Bremerton Page 6 of 8 Agreement Sidewalk Trip Hazard Removal Project October 2020 Project #: 6028 – 2020-21 D. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor’s insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer’s liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor’s Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor’s own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. City of Bremerton Page 7 of 8 Agreement Sidewalk Trip Hazard Removal Project October 2020 Project #: 6028 – 2020-21 D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties’ performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney’s fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City’s right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this a greement shall prevail. L. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of City of Bremerton Page 8 of 8 Agreement Sidewalk Trip Hazard Removal Project October 2020 Project #: 6028 – 2020-21 the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. M. Per RCW 35.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid upon request. IN WITNESS WHEREOF, the parties below have executed this agreement. AJ Spray Foam Services LLC DBA Slabjack Geotechnical THE CITY OF BREMERTON ______________________________________ Print Name: Print Name: Greg Wheeler Title: Title: Mayor DAT E DATE Notices to be sent to: Notices to be sent to: AJ Spray Foam Services LLC DBA Slabjack Geotechnical: CITY OF BREMERTON: 630 Valley Mall Parkway Attn Bill Davis, Engineering PMB # 431 345 6th Street, Suite 100 East Wenatchee, WA 98802 Bremerton, WA 98337 (509) 888-4600 (360) 473-2312 info@slabjackgeotechnical.com William.Davis@ci.bremerton.wa.us APPROVED AS TO FORM: ATTEST: ________________________________________ Roger A. Lubovich Angela Hoover Bremerton City Attorney City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Special Meeting Date: November 9, 2020 Professional Services Agreement with KPG for the Marine Drive Water Main Replacement Project COUNCIL MEETING Date: November 18, 2020 Department: PW&U - Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: The work includes the engineering design and construction support services for approximately 5,200 linear feet of 8-inch ductile iron water main along Marine Drive and Rocky Point Drive in the City of Bremerton. Proposals were received from six (6) consulting firms. The proposals were scored on experience of proposed project personnel, project understanding and approach, ability to meet schedule, and past performance for similar projects. KPG was selected as the most qualified firm. The contract amount is $203,500. ATTACHMENTS: 1) Professional Services Agreement with Exhibits A, B and C; 2) Site Plan FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2020 and 2021 Water Capital budget. SPECIAL MEETING AGENDA: ☒ Limited Presentation ☐ Full Presentation SPECIAL MEETING ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to award the Professional Services Agreement with KPG for Marine Drive Water Main Replacement in the amount of $203,500; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 2H Page 1 of 7 Bremerton/KPG, P.S. Marine Drive Water Main Replacement October 2020 PROFESSIONAL SERVICES AGREEMENT Marine Drive Water Main Replacement Project No. 4555 The City of Bremerton (“City”) and KPG (“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 October 29, 2020, 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 $203,500. 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. Page 2 of 7 Bremerton/KPG, P.S. Marine Drive Water Main Replacement October 2020 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, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, 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 FOR THE Page 3 of 7 Bremerton/KPG, P.S. Marine Drive Water Main Replacement October 2020 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-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 4 of 7 Bremerton/KPG, P.S. Marine Drive Water Main Replacement October 2020 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Tacoma, 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 Page 5 of 7 Bremerton/KPG, P.S. Marine Drive Water Main Replacement October 2020 with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Tacoma, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Bill Davis Attn: Jeff Kreshel City of Bremerton KPG, P.S. 345 6th Street, Suite 100 2502 Jefferson Avenue Bremerton, WA 98337-1891 Tacoma, WA 98402 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. Page 6 of 7 Bremerton/KPG, P.S. Marine Drive Water Main Replacement October 2020 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. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if 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. Page 7 of 7 Bremerton/KPG, P.S. Marine Drive Water Main Replacement October 2020 A.Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B.Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving 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 immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON KPG, P.S. By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk EXHIBIT A City of Bremerton Page 1 Marine Drive Water Main Replacement October 2020 City of Bremerton Marine Drive Water Main Replacement KPG Scope of Work October 2020 INTRODUCTION A. PROJECT UNDERSTANDING The following Scope of Work outlines the effort required by KPG to complete Plans, Specifications, and Estimates for water system improvements at the locations specified below: • Rocky Point Road NW and Marine Drive intersection to approximately 825 linear feet north / north east to the intersection of Marine Drive and Lower Marine Drive • From near address 2135 Marine Drive north to the end of the public roadway, including the water main loop to the west through private property in what is assumed to be a public easement; including all water services. Approximately 5,200 feet of replacement water main will be constructed. Roadway restoration will be as follows: • Rocky Point Road NW & Marine Drive intersection: Trench Patch and full width grind and overlay within the extents of the intersection. • North of Rocky Point Road NW & Marine Drive intersection: Trench patch with full lane grind and overlay or overlay only dependent on depth of existing asphalt. • Marine Drive: Trench patch with full roadway grind and overlay or overlay dependent on depth of existing asphalt. Pavement restoration will be per City of Bremerton Standard Plans. Project-specific pavement sections will not be designed. B. ASSUMPTIONS The following general assumptions were made to establish a scope and fee estimate for this project. Project specific assumptions are provided in the Scope of Work below: • The existing water main shall be left in place and operating until new system switch over. • Existing main shall not be removed so that it may be used as a potential future sanitary sewer force main casing. • Water services shall be replaced with new services that extend from the new main to new meter and connection to the backside of the existing meter. • Full topographic survey will be provided by KPG to assist the City in location determination of the new water line and existing underground utilities. • Field survey will be completed by KPG staff. KPG will develop the base map and TIN per KPG Standards. • Roadway centerline and Right of way will be calculated by KPG, parcel lines will be per GIS provided by City of Bremerton. EXHIBIT A City of Bremerton Page 2 Marine Drive Water Main Replacement October 2020 • There are no federal funds associated with this project. • All submittals will be electronically posted to KPG’s ftp site. • The use of applicable City of Bremerton Standard Plans and WSDOT Standard Plans will be optimized and provided in an appendix to the specifications. • Project-specific Traffic Control Plans will not be developed for the project Example traffic control plans will be provided in an appendix to the specifications. Contractor will be responsible for developing project-specific traffic control plans. • A Stormwater Pollution Prevention Plan (SWPPP) will not be developed under the Scope. The Contractor will develop the project SWPPP. • This project is SEPA exempt, a Stormwater Construction General Permit is not required. • No specific environmental or other regulatory requirements are applicable and therefore there are no anticipated permits required for the project. • Right of way acquisition will not be required. • Plans will be developed utilizing AutoCAD 2017 Civil 3D using KPG drafting standards and plotted on the City of Bremerton Title Block. • Neither stormwater quality nor quantity treatment will be required. A drainage report will not be developed. • City staff will be present at project progress and design meetings. City staff will have the authority to make decisions and provide direction regarding critical project elements. • The City will be the main point of contact for local stakeholders and lead all public outreach. C. INFORMATION PROVIDED BY THE CITY City of Bremerton staff will provide the following in aid of design: • Survey control (monuments list). • Existing service size at addresses (if available). • Existing water main/system record drawings. • Parcel lines in CAD. • Proposed water main sizing. SCOPE OF WORK Task 1 – Management / Coordination / Administration This task covers the effort required to manage the contract and to assure that the project meets the City’s expectations for schedule, budget, and quality of product. Efforts included under this task is as follows: 1.1 KPG will prepare for and attend coordination/progress meetings with City staff at regular intervals during the project to discuss key issues and track progress (estimate 5 meetings). Conference calls will be scheduled to discuss key issues with the City as needed. 1.2 Prepare and submit electronic monthly invoices for review and approval by the City. Each invoice shall include the Billing Period (start and end date), description of work accomplished for the billing period, and the names, billing rate, and hours for each resource included with each task on the invoice. 1.3 Develop and update the project schedule (if/as necessary) throughout the project. Products: • Monthly progress reports EXHIBIT A City of Bremerton Page 3 Marine Drive Water Main Replacement October 2020 • Meeting notes • Project schedule and updates Assumptions: • City staff will handle all public/stakeholder/property owners coordination during both design and construction. Task 2 – Survey/Base Map This task covers the efforts required to provide a base map to be used for design, and includes the following: 2.1 Survey Control: Existing monuments will be located, and horizontal and vertical control will be set. 2.2 Utility Locates: KPG will utilize and coordinate with a utility locate company to field locate and mark all public and private utilities within the project areas. 2.3 Detailed Topographic Mapping: Conduct topographic survey, picking up key elevations needed for design, surface features, individual trees, utilities marked by the utility locates company, and other elements as pertinent to the design. Detailed survey will be conducted out to back of ditch or five (5) feet past the edge of roadway pavement where there is no ditch. Additional mapping will be provided as needed to five (5) feet each side of water meters. Field survey will be conducted as needed to develop 1-foot contours. 2.4 Gravity Utilities: Complete DIPs on gravity utilities, including storm and sewer structures. 2.5 Utility Potholes: Locate utility potholes (by others) and include data in base map (10 assumed). 2.6 Right of Way & Lot Lines: Establish right of way lines along the project corridor within the detailed mapping limits. Right of way will be defined using existing street monuments and their relationship to public records. Lot lines will be based on existing GIS data based, Tax Parcel maps, plat maps, and field survey and will not be adequate for right of way acquisition. 2.7 Develop Base Map: A survey base map file will be compiled in AutoCAD® Civil 3D® 2017 for the basis of design. This file will show the site's existing features listed above. Notes, control, and other observations (prepared for 1"=20' plans) will be included in this file to aid in the design going forward. Contours will be shown at 1-foot contour interval. Products: • Electronic base map showing surface features and including a TIN. Assumptions: • Private underground utilities will be marked by a private locating firm, City staff will mark City- owned utilities in the field and KPG will survey in the field. • Title reports will not be required. • Right of way acquisition will not be required for this project, easement acquisition support (if necessary) will be coordinated under Management reserve. • Temporary Construction Easements/Permits will not be required. • Neither property corners nor right of way will be staked in the field. EXHIBIT A City of Bremerton Page 4 Marine Drive Water Main Replacement October 2020 Task 3 – Limited Utility Coordination To avoid utility conflicts and potential project delays, KPG will take an active role in coordinating with private utilities that are located within the vicinity the proposed improvements. This effort is limited to coordination with private utilities to determine depths to avoid large relocation efforts. Efforts included under this task is as follows: 3.1 Prepare letters requesting utility record information and send an email to each purveyor. Letters will be sent prior to starting design and just prior to Advertising the project. Effort includes logging utility responses and filing received record drawings. 3.2 Submit 50% Plans to private utilities and coordinate with them to determine if there are conflicts. Utilities thought to be in conflict will be potholed (by others). 3.3 Cross-check franchise utility-provided maps with field survey information and resolve conflicts between utility maps and field conditions. 3.4 Coordinate utility appurtenance potholing with the City and relocation, and/or adjustment as needed to accommodate proposed improvements with the utility purveyor. 3.5 Prepare for and attend up to one (1) utility coordination meetings with franchise utilities. Products: • Emailed letter to third party utility purveyors requesting record drawing information. • Meeting notes from utility coordination meeting. Assumptions: • Emails to up to 6 utilities will be sent. City of Bremerton will provide KPG with utility representative contacts and contact information, if known. • Potholes will be completed by the City under a separate contract the City has with a pothole subcontractor. KPG will coordinate the location of potholes prior to the 50% submittal with the intent that potholing will occur after the 50% submittal. • Large relocation efforts such as multiple pole relocations, aerial to underground conversion, or linear underground utility relocation are not anticipated. • Scope anticipated is to inform private utilities of the project and adjust profile depth to avoid perpendicular crossings where feasible. Task 4 –Conceptual (10%) Alignment & Alternatives Analysis This task covers the effort required to develop a conceptual (10%) alignment and alternatives analysis for the replacement waterline for the project. 4.1 KPG will prepare for and attend a kick-off meeting and site visit with City staff to initiate project work. 4.2 Develop horizontal waterline alignment alternatives to a conceptual-level (10%) (3 assumed - west lane, east lane, 3rd option at the request of the City) 4.3 Conceptual Alignment/Preferred Alternative Meeting: The purpose of this meeting is to select a preferred alignment to proceed with for continued design development. Products: • Kickoff meeting agenda and notes • Conceptual (10%) Alignment Alternatives (up to 3) (PDF) in scroll plot format. Assumptions: EXHIBIT A City of Bremerton Page 5 Marine Drive Water Main Replacement October 2020 • Once a preferred alignment has been selected by City staff, subsequent changes (if any) will be considered out of scope work. Task 5 – Preliminary (50%) Design Efforts under this task includes the anticipated work necessary to develop Preliminary (50%) Design Submittal package for improvements. 5.1 Prepare Preliminary (50%) Design Plans: The 50% Plans for the selected preferred alternative (only) will consist of the following: Title Number Cover Sheet 1 Legend & Abbreviations, Standard Notes 1 Sheet index, Survey Control & Alignment Data 1 Water Plan & Profile (H: 20 Scale, V: 5 scale) 12 TOTAL 15 5.2 Incorporate all comments received during the Conceptual Alignment/Preferred Alternative meeting. 5.3 Prepare Preliminary (50%) Design OPCC. 5.4 Prepare Preliminary Project Manual outline and draft technical specifications: Prepare Division 1 with WSDOT GSPs with appendix of City and WSDOT standard details. 5.5 KPG will provide internal quality assurance/quality control (QA/QC) reviews of 50% submittal prior to submittal for City review. 5.6 Preliminary Design Review Meeting: The purpose of this meeting is to confirm design elements shown in the Preliminary design plans prior to proceeding with continued design development. Products: • Preliminary (50%) Design Plans (PDF). • Preliminary (50%) Design OPCC (PDF). • Preliminary (50%) Project Manual Outline and Technical Specifications (PDF). • QA/QC of submittal. • Response to the City’s Conceptual 10% Alignment Issue/Resolution Form Assumptions: • The new water main diameter(s) will match existing (or will be provided by City staff). System hydraulic modeling or analysis will not be performed. • Vertical alignment of water will be assumed to be minimum 36-inch cover for distribution main, adjustments will be made after potholing to miss any utilities in conflict. • No significant vertical realignment of the roadway will occur on any affected street. Centerline and cross slope grades may be adjusted slightly to better accommodate existing conditions and optimize drainage. Preconstruction grades will largely be followed. • No new curb and gutter and/or sidewalk will be constructed in areas that don’t currently have curb and gutter or sidewalk. • KPG construction management will perform a 50% constructability review. EXHIBIT A City of Bremerton Page 6 Marine Drive Water Main Replacement October 2020 • Once the design decisions have been made at the Preliminary (50%) design review meeting, subsequent changes to these decisions will be considered out of scope work. Task 6 – Pre-Final (80%) Design This task covers the effort required to prepare 80% PS&E Submittal. 6.1 Develop 80% Plans: Incorporate all comments received during the 50% design plan review meeting. It is anticipated that the 80% and Final Bid Documents submittals will contain the following sheets: Title Number Cover Sheet 1 Legend & Abbreviations, Standard Notes 1 Sheet index, Survey Control & Alignment Data 1 Water Plan & Profile (H: 20 scale, V: 5 scale) 12 Schematic Connection Details and Miscellaneous Water Details 2 Typical Sections & Details 1 TOTAL 18 6.2 80% Contract Documents including Bid Proposal, Contract Forms, and Special Provisions. Special Provisions will be based on WSDOT 2020 Standard Specifications and the City of Bremerton GSP’s, if applicable. 6.3 OPCC based on the 80% PS&E package. 6.4 KPG will provide internal quality assurance/quality control (QA/QC) reviews of all 80% submittal prior to submittal for City review. 6.5 80% Design Review Meeting: The purpose of this meeting is to conduct a working review of the 80% PS&E. The comments, discussion, and decisions from this meeting will be incorporated into the final PS&E/Bid package. Products: • OPCC based on 80% PS&E (PDF). • 80% Plans and Specifications (PDF). • QA/QC of submittal. • Response to the City’s Preliminary (50%) Design Issue/Resolution Form (Excel). Assumptions: • KPG construction management will perform a 80% constructability review. • Once the design decisions have been made at the 80% design review meeting, changes to these decisions will be considered out of scope work. Task 7 – Final Design/Bid Documents This task covers the efforts required to prepare Final Bid Documents and Bid PS&E Submittal. 7.1 Prepare final design/Bid Documents: Incorporate all comments received during the 80% design plan review meeting into the Final Contract Documents including Bid Proposal, Contract Forms, and Special Provisions. It is anticipated that the Bid Plans will contain the same sheets as described in the 80% Design Phase. 7.2 Revise OPCC based on revisions to the Plans and Specifications and City comment. EXHIBIT A City of Bremerton Page 7 Marine Drive Water Main Replacement October 2020 7.3 KPG will provide internal quality assurance/quality control (QA/QC) reviews of final bid documents prior to submittal for City review. Products: • PS&E (PDF) • Full size Plans (PDF). • OPCC (Excel and PDF). • QA/QC of submittal • Technical Specifications and Bidding Documents (Word and PDF). • CADD and C3D Files. Assumptions: • City will provide bidding services and reproduction of Contract Documents. Task 8 – Assistance During Bid Period (Limited) This task includes providing assistance to the City on an as needed/requested basis during the bid period. Efforts under this task may include: 8.1 Attend a pre-bid conference for the project and provide support to the City for specific agenda items. 8.2 Prepare addenda and respond to bidders questions. 8.3 Recommendation of Award: Tabulate bid results, check references, prepare award package and provide recommendation of Award. Products: • Pre-bid conference specific agenda items in word format. • Addenda documents (if necessary) • Recommendation of Award and backup documentation (word and PDF) Assumptions: • The actual assistance needed during the bid period is unknown at this time, and therefore a provisional budget allowance of approximately $4,5000 is included. Efforts beyond this amount will be considered extra (beyond scope) work and will be authorized separately by the City via the management reserve, amendment, or other contract as may be appropriate. Task 9 – Construction Support (Limited) This task covers KPG’s assistance to the City on an as-needed/requested basis during construction of the project. Efforts under this task may include: 9.1 Assist the City with Review and response preparation for Contractor RFI’s and request for clarifications. 9.2 Assist in the review of material submittals. 9.3 Conduct Site Visit(s) 9.4 Participate in construction meetings, including pre-construction EXHIBIT A City of Bremerton Page 8 Marine Drive Water Main Replacement October 2020 9.5 Prepare Construction Record Drawings Products: • Draft Record Drawings: 11x17 in PDF format • Final Record Drawings: Electronic Submittal in DWG and PDF format, one (1) full size (22x34 hard copy Assumptions: • City will lead the administration and management of all aspects of construction and provide on-site inspection. • KPG will develop AutoCAD record drawings based on the hard copy record drawings developed by the Contractor. The Contractor provided record drawing will be developed per the requirements outlined in WSDOT APWA GPS 1-05.18, and the City Construction Inspector will confirm the accuracy of the Contractor provided record drawings before routing to KPG. • The actual Construction Support that will be needed is unknown at this time, and therefore a provisional budget allowance of approximately $12,000 is included. Efforts beyond this amount will be considered extra (beyond scope) work and will be authorized separately by the City via the management reserve, amendment, or other contract as may be appropriate. Task 10 – Management Reserve A Management Reserve has been established for this project to provide flexibility of authorizing additional funds to the Agreement for allowable unforeseen costs or reimbursing KPG for additional work beyond that already defined in this Agreement. Such authorization(s) shall be in writing, prior to KPG expending any effort on such services, and shall not exceed $20,000. ADDITIONAL SERVICES It may be necessary for KPG to provide services in addition to those outlined above as requested and approved by the City. It is assumed that additional services could include tasks such as additional design elements, additional construction engineering support, construction survey, and other work tasks not included in the Scope of Work. At the time these services are required, the Consultant shall provide the City with a detailed Scope of Work and an estimate of costs. The Consultant shall not proceed with the work until the City has authorized the work and issued a Notice to Proceed. EXHIBIT B MARINE DRIVE WATER MAIN REPLACEMENT – KPG PRELIMINARY MILESTONES MILESTONE ANTICIPATED DATE Notice to Proceed Late November 2020 Complete Survey and Basemap Development End of December 2020 Complete Preliminary Design February 22, 2021 Complete Detailed Design April 20, 2021 Bidding Assistance (Duration) Late April 2021 – Early June 2021 Construction Support (Duration) Early June 2021 – End of September 2021 EXHIBIT C PRIME CONSULTANT COST COMPUTATIONS City of Bremerton Marine Drive Water Replacement Project KPG PROJECT NUMBER: 20102 DATE:23-Oct-20 Principal Survey Manager Project Engineer/PM Project Surveyor Design Engineer Senior CAD Technician Senior Survey Technician Senior Admin Survey Crew I (W/Equip) Survey Crew II (W/Equip) Hourly Rate 252 226 140 142 116 123 117 103 171 219 Hours Fee 1.1 Monthly Progress meetings 12 24 36 6,384.00$ 1.2 Prepare Monthly Invoices 4 8 12 24 3,364.00$ 1.3 Develop and Update Schedule 2 12 14 2,184.00$ 18 0 44 0 0 0 0 12 0 0 74 11,932.00$ 2.1 Locate/Set Survey Control 4 8 12 2,320.00$ 2.2 Coordination with Utility Locate subconsultant 4 2 4 10 1,794.00$ 2.3 Detailed Topographic Mapping 4 4 100 108 18,572.00$ 2.4 Complete Dips on gravity utilities 2 0 8 10 2,204.00$ 2.5 Locate and Survey Utility potholes 2 8 8 18 2,756.00$ 2.6 Establish ROW and GIS lot lines 8 32 40 6,352.00$ 2.7 Develop Base Map 8 100 108 13,508.00$ 0 28 0 40 0 0 108 2 112 16 306 47,506.00$ 3.1 Utility coordination letters 2 8 10 1,432.00$ 3.2 Utility conflict drawing 2 8 10 1,208.00$ 3.3 Basemap updates 4 16 20 2,432.00$ 3.4 Coordinate potholing, Etc.8 8 1,120.00$ 3.5 Utility coordination meetings (assumed 1)2 2 4 784.00$ 4 0 16 0 16 0 16 0 0 0 52 6,976.00$ 4.1 Initial Kick-off Meeting & Site Visit with City 2 4 6 1,064.00$ 4.2 Develop horizontal alignment alternatives (assumed 3)8 40 48 7,616.00$ 4.3 Alignment Selection Meeting 2 2 4 784.00$ 12 0 46 0 0 0 0 0 0 0 58 9,464.00$ 5.1 50% Plan Production (15 sheets) Total Hrs 8 0 84 0 40 26 0 0 0 0 158 21,614.00$ 5.2 50% OPCC 2 4 8 14 1,992.00$ 5.3 Preliminary draft technical specifications & Detail List 4 24 4 32 4,780.00$ 5.4 QA/QC Review 4 4 8 1,568.00$ 5.5 50% Design Review Meeting 2 2 4 784.00$ 20 0 118 0 48 26 0 4 0 0 216 30,738.00$ 6.1 80% Plan Production (18 sheets) Total Hrs 8 0 90 0 48 23 0 0 0 0 169 23,013.00$ 6.2 80% Specifications 4 32 8 44 6,312.00$ 6.3 80% OPCC 2 8 10 1,208.00$ 6.4 QA/QC Review 4 4 8 1,568.00$ 6.5 80% Design Review Meeting 2 2 4 784.00$ 18 0 130 0 56 23 0 8 0 0 235 32,885.00$ 7.1 Bid PS&E/Documents 8 36 36 40 8 128 16,976.00$ 7.2 Bid OPCC 2 4 4 10 1,528.00$ 7.3 QA/QC Review 8 8 2,016.00$ 18 0 40 0 80 40 8 8 0 0 146 20,520.00$ 8.1 Attend pre-bid conference and prepare specific agenda items 8.2 Prepare Addenda and respond to bidders questions 8.3 Recommendation of Award 0 0 0 0 0 0 0 0 0 0 0 4,500.00$ 9.1 Assist with RFIs 9.2 Assist with material submittals 9.3 Site Visit(s) 9.4 Construction Meeting(s) 9.5 Prepare As-Built Construction Drawings 0 0 0 0 0 0 0 0 0 0 0 12,000.00$ 0 0 0 0 0 0 0 0 0 0 0 20,000.00$ 90 28 394 40 200 89 132 34 112 16 1,087 196,521.00$ Utility Locate Service 5,000.00$ Subtotal 5,000.00$ 5,000.00$ Mileage at current IRS rate 1,528.00$ Reproduction Allowance 451.00$ 1,979.00$ 203,500.00$ Task No. Labor Hour Estimate Total Hours and Labor Fee Estimate by Task Task 1 - Management/Coordination/Administration Task Total Task Description Task 2 - Survey/Base Map Task Total Task 3 - Limited Utility Coordination Task Total Task 4 - Conceptual (10%) Alignment & Alternatives Analysis Task Total Task 5 - Preliminary (50%) Design Task Total Task 6 - Pre-Final (80%) Design Task Total Task 7 - Final Design/Bid Documents Task Total Task 8 - Assistance During Bid Period (Limited) Task Total Task 9 - Construction Support (Limited) Task Total Total Subconsultant Expense Reimbursable Direct Non-Salary Costs Total Reimbursable Expense Total Estimated Budget Task 10 - Management Reserve Task Total Total Labor Hours and Fee Subconsultants OSTRICH BAY -Proposed Mains Replacement -Existin Water Main IDI l!I Marine Drive Water Main Replacement + PHINNEY BAY 500 0 1,000 ---=====::J Feet SITE PLAN AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Special Meeting Date: November 9, 2020 Goods & Services Agreement with Landscape Structures, Inc. for the Purchase of Playground Equipment for the Warren Avenue Park Renovation Project COUNCIL MEETING Date: November 18, 2020 Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: The City of Bremerton applied for and received funding from the Washington State Recreation & Conservation Office’s Local Parks grant program in the amount of $500,000 for improvements to Warren Avenue Park. One of the main elements of the project is the relocation and installation of a new children’s playground. Equipment pricing has been competitively solicited and publicly awarded through the OMNIA Partners contract. Total Equipment Cost: $73,614.46, freight and sales tax included. ATTACHMENTS: 1) Goods & Services Agreement; 2) Landscape Structures, Inc. Quote #2010- 10610-5-2R; 3) Contract Award Letter; 4) Playground Design Drawings FISCAL IMPACTS (Include Budgeted Amount): Funded by RCO grant and budgeted in the 2020 Parks Capital Construction Fund as part of the Warren Avenue Park Renovation Project. SPECIAL MEETING AGENDA: ☒ Limited Presentation ☐ Full Presentation SPECIAL MEETING ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of playground equipment from Landscape Structures, Inc. in the amount of $73,614.46, sales tax included; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 3A Page 1 of 8 Goods and Services Agreement Rev. 06/2020 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Landscape Structures, Inc. ("Vendor"), whose mailing address is: 601 – 7th Street South, Delano, MN 55328-0198. The parties agree as follows: I. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City: PlayBooster Playground System playground equipment and engineered wood fiber safety surfacing as identified in quotation #2010-10610-5-2R attached hereto as Attachment 1, which is incorporated by reference herein. II. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 30 calendar days from the date all parties have signed this Agreement. III. COMPENSATION. The City shall pay the Vendor the total amount of $73,614.46, which includes Washington State Sales Tax and freight, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. IV. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Vendor, officer, agents, employees and subcontractors. The Vendor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor's officers, agents, employees and subcontractors. V. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: Page 2 of 8 Goods and Services Agreement Rev. 06/2020 A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City’s choosing. VI. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or tim e for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. c. The provisions in this Agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. Page 3 of 8 Goods and Services Agreement Rev. 06/2020 e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). VII. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section VI(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Page 4 of 8 Goods and Services Agreement Rev. 06/2020 Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. VIII. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. IX. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. Vendor’s obligation to indemnify shall not extend to that portion of damages caused by the City’s sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. X. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the contract work by the Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with Page 5 of 8 Goods and Services Agreement Rev. 06/2020 limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; and employer's liability. C. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate. D. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. E. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an “occurrence” b asis except professional liability insurance (if required), which shall be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Vendor to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy required herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. XI. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License Page 6 of 8 Goods and Services Agreement Rev. 06/2020 and any regulatory license required to fulfill Vendor's obligations under this Agreement. B&O taxes shall be paid when due, and Vendor, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Amendments / Change Orders to Goods and Services Agreement 2. Goods and Services Agreement 3. Specifications 4. Terms and Conditions 5. Vendor’s Proposal C. Documents Incorporated by Reference. The following documents are incorporated by reference, including but not limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non-Collusion Affidavit. D. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. E. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. F. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. G. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. H. Prevailing Wages. Vendor shall file a “Statement of Intent to Pay Prevailing Wages” with the State of Washington Department of Labor & Industries prior to commencing the contract work. Vendor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevaili ng wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. Page 7 of 8 Goods and Services Agreement Rev. 06/2020 I. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connectio n with the work. J. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. K. Attorney's Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section IX of this Agreement. L. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. Notices to be sent to: Notices to be sent to: CITY: VENDOR: Attn: Colette Berna Attn: Misty Link Bremerton Parks & Recreation Landscape Structures, Inc. 680 Lebo Blvd. 601 – 7th Street South Bremerton, WA 98310 Delano, MN 55328-0198 colette.berna@ci.bremerton.wa.us mistylink@playlsi.com M. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. N. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. O. Severability. If any one or more sections, subsections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. P. Entire Agreement. The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, Page 8 of 8 Goods and Services Agreement Rev. 06/2020 and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: VENDOR: City of Bremerton Landscape Structures, Inc. By: By: Print Name: Greg Wheeler Print Name: Misty Link Its: Mayor Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Goods and Services Agreement Rev 06 2020.docx Lead Time Terms 4-6 Weeks see attached Quantity Drawing / Model #per unit Total 1 1762030-5-2 64,930.00$ -$ -$ -$ 80 Cubic Yards 37.60$ 3,008.00$ -$ (4,076.28)$ Sub Total 63,861.72$ PlayC Disc (625.52)$ Freight #179-20-117 4,300.00$ Tax 9%6,078.26$ 73,614.46$ Date October 26, 2020 Quoted by John Larson 206.940.1108 Play Equipment Installation Services Custom PlayBooster Playground per attached itemized sheet, manufactured by Landscape Structures Woodcarpet, Engineered Wood Fiber Playground Safety Surfacing, ASTM F2075-10a compliant [ blown in ] Grand Total TCPN Contract #R5202-LSI Pricing Discount Safety Surfacing Send Purchase Order for Processing to: PlayCreation, Inc. attention: John K Larson 2104 SW 152nd Street, ste 1 Burien, WA 98166 JohnL@PlayCreation.com 206.932.5778 fax APPROVAL SIGNATURE ______________________________________________ signature ______________________________________________ print name ______________________________________________ date PO# PROJECT LOCATION: Warren Avenue Playfield 1017 Warren Ave Bremerton, WA 98337 Warren Avenue Playfield WORKSHEET #2010-10610-5-2R TO: Colette Berna | Park Planner City of Bremerton | Parks & Recreation Department 680 Lebo Blvd Bremerton, WA 98310 P:360-473-5305|Colette.Berna@ci.bremerton.wa.us Note: Includes Prevailing Wage. NOT Included: Davis Bacon Wages Issue Purchase Order to: Landscape Structures, Inc. attention: Misty Link 601 -7th Street South Delano, MN 55328-0198 mistylink@playlsi.com 763.972.5591 Itemized Quote Date: 10/19/2020 Organization: PlayCreation, Inc. Drawing #: 1762030-5 - 2 By: John Larson Contact: JohnL@PlayCreation.com Project: Warren Avenue Playfield - Design 5 Rev. 2 Location: Bremerton, WA Page 1 of 2 PlayBooster® (5-12 years) PHASE-1 Mixed Bury2 Steel UNIT TOTAL QTY NO. DESCRIPTION WEIGHT (lb) PRICE (US $) WEIGHT (lb) PRICE (2020) PlayBooster® Climbers Other 1 219509A GeoPlex Climber 40"Dk 64.0 885.00 1 220541B GeoPlex Ground-To-Deck Double Climber 72"Dk Steel DB 327.0 3,660.00 Climbers W/Permalene Handholds 1 229828D Chimney Climb Across 96"Dk 24"Dk Difference DB Only 170.0 4,895.00 1 148432B Corkscrew Perm Handholds 72"Dk DB 80.0 1,200.00 1 152907C Deck Link w/Barriers Steel end panels 3 Steps 236.0 2,490.00 1 157427B Pod Climber w/Handloop 40"Dk DB Left Handhold 69.0 1,345.00 1 229831A Shockwave Climber 96" Deck DB 314.0 2,825.00 1 200609A Traveler Climber w/2 Hanger Brackets 351.0 8,250.00 1 145624D Vertical Ascent 72"Dk 104.0 1,260.00 1 116249A Vertical Ladder 32"Dk DB 40.0 710.00 Decks 1 152911A Curved Transfer Module Right 32"Dk DB 195.0 2,215.00 1 121948A Kick Plate 8"Rise 13.0 110.00 1 111229A Square Deck Extension 105.0 915.00 5 111228A Square Tenderdeck 118.0 955.00 590.0 4,775.00 Enclosures 1 115236A Ball Maze Panel Above Deck 65.0 1,150.00 1 177712B Color Splash Panel Ground Level 89.0 2,865.00 1 117146A Gear Panel Above Deck 122.0 1,810.00 1 115253A Hole Panel 30.0 565.00 1 129043A Image Reach Panel Ground Level 53.0 855.00 1 173567B Marble Panel Ground Level 70.0 2,305.00 1 127439A Navigator Reach Panel Ground Level 28.0 645.00 1 177718A Rain Sound Wheel Panel Above Deck 78.0 2,010.00 1 115254A Storefront Panel 24.0 580.00 Motion & More Fun 2 120818A Playstructure Seat 26.0 360.00 52.0 720.00 Posts Itemized Quote Date: 10/19/2020 Organization: PlayCreation, Inc. Drawing #: 1762030-5 - 2 By: John Larson Contact: JohnL@PlayCreation.com Project: Warren Avenue Playfield - Design 5 Rev. 2 Location: Bremerton, WA Page 2 of 2 PlayBooster® (5-12 years) PHASE-1 Mixed Bury2 Steel UNIT TOTAL QTY NO. DESCRIPTION WEIGHT (lb) PRICE (US $) WEIGHT (lb) PRICE (2020) 4 111404R 108"Steel Post DB 65.0 265.00 260.0 1,060.00 2 111404Q 116"Steel Post DB 70.0 270.00 140.0 540.00 2 111404P 124"Steel Post DB 74.0 275.00 148.0 550.00 2 111404M 148"Steel Post DB 88.0 330.00 176.0 660.00 4 111404X 164"Steel Post DB 96.0 400.00 384.0 1,600.00 6 111404Z 182"Steel Post DB 44" Bury 105.0 440.00 630.0 2,640.00 4 111404V 44"Steel Post 2"SM 35.0 305.00 140.0 1,220.00 2 111404U 52"Steel Post 2"SM 39.0 335.00 78.0 670.00 Slides 1 123331A Double Slide 32"Dk DB 119.0 1,710.00 1 148426B Firepole Perm Handholds 72"Dk DB 59.0 730.00 1 222708B WhooshWinder Slide 96"Dk DB1 283.0 4,510.00 Freestanding Play Signs 1 182503C Welcome Sign (LSI Provided) Ages 5-12 years Direct Bury 24.0 0.00 SUMMARY CONCRETE (cu-ft) FOOTINGS (count) LABOR (man-hours) WEIGHT (lb) PRICE (2020) PlayBooster® (5-12 years) PHASE-1 67.3 47 84.8 5,710.0 64,930.00 Total Safety Zone Area = 1187 sq. ft. ALL PHASES PlayBooster® 66.0 46 84.0 5,686.0 64,930.00 Total 67.3 47 84.8 5,710.0 64,930.00 • Square Footage calculation is approximate and for estimation purposes only. Landscape Structures shall not be held liable for any costs associated with surfacing by others. • Estimated man-hours do not include hours for custom product installation or site preparation. • 2 Concrete and footings apply to the direct bury portion only. • 1 This Quote has a total weight above 5,000 lbs or product(s) that require a freight quote. Freight tables cannot be used - Please contact LSI for a freight quote. • This quote is valid for 60 days. Purchase orders submitted with an expired quote are subject to price changes. Custom freight quotes are valid for 30. Expired custom freight quotes are subject to changes. Signed: President Date:01/01/2020 All the warranties commence on date of Manufacturer’s invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Manufacturer shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such nonconformity either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Manufacturer shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts, the installation of any replacement part or parts or for disposal costs of any part or parts. Replacement parts will be warranted for the balance of the original warranty. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Manufacturer shall not be liable for any direct, indirect, special, incidental or consequential damages. Manufacturer neither assumes nor authorizes any employee, representative or any other person to assume for Manufacturer any other liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to or affecting this agreement. The warranties stated above are valid only if the structures and/or equipment are erected in conformance with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc.; have been subjected to normal use for the purpose for which the goods were designed; have not been exposed to saltwater or salt spray; have not been subject to misuse, negligence, vandalism, or accident; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than Manufacturer or Manufacturer’s designees in any respect which, in the judgement of Manufacturer, affects the condition or operation of the structures. To make a claim, send your written statement of claim, along with the original job number or invoice number to: Landscape Structures Inc. 601 7th Street South, Delano, Minnesota, 55328-8605. Landscape Structures Inc. (“Manufacturer”) warrants that all playstructures and/ or equipment sold will conform in kind and in quality to the specifications manual for the products identified in the Acknowledgment of Order and will be free of defects in manufacturing and material. Manufacturer further warrants: 100-Year Limited Warranty On all PlayBooster® and PlayShaper® aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion/ natural deterioration or manufacturing defects, and on PlayBooster steel posts against structural failure due to material or manufacturing defects. 15-Year Limited Warranty On all Evos® and Weevos® steel arches, all plastic components (including TuffTimbers™ edging), all aluminum and steel components not covered above, Mobius® climbers, Rhapsody® Outdoor Musical Instruments, decks and TenderTuff™ coatings (except Wiggle Ladders, Chain Ladders and Swing Chain) against structural failure due to material or manufacturing defects. 10-Year Limited Warranty On concrete products against structural failure due to natural deterioration or manufacturing defects. Does not cover minor chips, hairline cracks or efflorescence. 8-Year Limited Warranty On Aeronet® climbers and climbing cables against defects in materials or manufacturing defects. 5-Year Limited Warranty On Rhapsody® cables and mallets against defects in materials or manufacturing defects, on polycarbonate panels against defects in materials or manufacturing defects, and on bamboo panels against delamination due to defects in materials or manufacturing defects. Does not cover damage which may be associated with the natural characteristics of bamboo aging, including but not limited to discoloration, splitting, cracking, warping or twisting, nor the formation of algae, mold and other forms of fungal-type bodies on bamboo. 3-Year Limited Warranty On all other parts, i.e.: Pulse® products, all swing seats and hangers, Mobius climber handholds, Wiggle Ladders, Chain Ladders and ProGuard™ Swing Chain, Track Ride trolleys and bumpers, all rocking equipment including Sway Fun® gliders, belting material, HealthBeat® resistance mechanism, Seesaws, etc., against failure due to corrosion/ natural deterioration or manufacturing defects. The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards (457 meters) of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. This warranty does not include any cosmetic issues or wear and tear from normal use of the product, or misuse or abuse of the product. It is valid only if the playstructures and/or equipment are erected to conform with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. 2020 Play Equipment Warranty You have our word. Terms of Sale PRICING: Landscape Structures’ list prices do not include delivery and handling charges. Prices are subject to change without notice. TERMS: To tax-supported institutions and those with established credit: net 30 days from the date of the invoice. 1.5% per month thereafter; freight charges are prepaid and applied to the invoice. TAXES: Landscape Structures’ list prices do not include applicable taxes, if any. WEIGHTS: Weights are approximate and may vary. DELIVERY: If delivery of the equipment is by common carrier, and there is damage or a shortage, notify the carrier at once and sign delivery documents provided by the carrier noting the damage or shortage. Most products are delivered on large pallets and will require a forklift or similar equipment to unload as a unit on the site. INSTALLATION: All playstructures and/or equipment are delivered unassembled and packaged with recyclable materials. For a list of factory-certified installers in your area, please contact your Landscape Structures playground consultant. SERVICE: We have knowledgeable, qualified playground consultants throughout the world who are available to help you before, during and after the sale. Landscape Structures has exclusive design software that features all of our parts and pieces in pull-down menus. With this software, your playground consultant can design a playground layout that meets not only your needs, but ASTM and CPSC standards as well. In addition, we have a full staff of NPSI-certified designers, along with 2D and 3D drawing capabilities and custom capabilities to assist you with your playground plans. RETURN POLICY: As an indication of our commitment to our customers, Landscape Structures will accept returns of new structures and/or new equipment purchased within 60 days of the original invoice date. Advance notification is necessary to ensure proper credit. Parts not included in this return policy are custom parts (including PlayShaper® posts), as well as used or damaged parts. A 20% restock fee plus all return freight charges will apply to all product returns. NOTE: All parts are subject to inspection upon return. Parts returned damaged may not receive a full credit. For this reason, it is important that all returned parts are properly packaged to prevent damage while in transit. PRODUCT CHANGES: Because of our commitment to safety, innovation, and value, we reserve the right to change specifications at any time. PLEASE CONTACT US AT: Landscape Structures Inc. 601 7th St. South Delano, MN 55328-8605 888.438.6574 (inside the U.S.A.) 763.972.5200 (outside the U.S.A.) playlsi.com 601 7th Street South • Delano, MN 55328-8605 • 888.438.6574 • 763.972.5200 • Fax 763.972.3185 • playlsi.com #267817 ©2020 Landscape Structures Inc Printed in the U.S.A. All rights reserved. #765-2118 October 20, 2020 Elaine Harkess Contract Administrator Landscape Structures Inc. 601 7th Street South Delano, MN 55328 elaineharkess@playlsi.com Re: Renewal Award of Contract #R170302 Dear Ms. Harkess: Per official action taken by the Board of Directors of Education Service Center, Region 4 on October 20, 2020, Region 4 ESC is pleased to announce that Landscape Structures Inc. has been awarded an annual contract renewal for the following, based on the sealed proposal submitted to Region 4 on March 15, 2017, and subsequent performance thereafter: Contract Playground Systems, Installation, Service and Related Items The contract will expire on April 30, 2022, completing the fifth year of a five-year term contract. The contract is available through OMNIA Partners, Public Sector. Your designated OMNIA Partners, Public Sector contact is Fred Flores, at (713) 554-0494 or fred.flores@omniapartners.com. The partnership between Landscape Structures Inc., Region 4 and OMNIA Partners, Public Sector can be of great help to participating agencies. Please provide copies of this letter to your sales representative(s) to assist in their daily course of business. Sincerely, Robert Zingelmann Chief Financial Officer, Finance and Operations Services DocuSign Envelope ID: BF9C8EA2-746B-4976-B45E-B2217E524B4B OMNIA Partners, Public Sector Participation List (06/13/2019) ID Organization_Name Street_Address City State Postal_Code AccountType AccountTerritory 5200589 CITY OF EVERETT 2130 COLBY AVE EVERETT WA 98201 City Government Northwest 5200588 THE NORTHWEST REGIONAL DATA CENTER 2121 W CASINO RD EVERETT WA 98204 City Government Northwest 5200587 CITY OF EVERETT 1 MAIN ST FEDERAL WAY WA 98003 City Government Northwest 5200586 -501 N. Anderson Street ELLENSBURG WA 98926 City Government Northwest 5200585 CITY OF ELLENSBURG 420 N. Pearl Ellensburg WA 98926 City Government Northwest 5200584 CITY OF CAMAS ATTN: SUSAN WILDE CAMAS WA 98607 City Government Northwest 5200583 CAMAS, CITY OF 616 NE 4th Avenue Suite 1 Camas WA 98607 City Government Northwest 5200582 CITY OF CAMAS - PUBLIC WORKS 616 NE 4th Avenue Suite 1 Camas WA 98607 City Government Northwest 5200581 CITY OF CAMAS 1620 S.E.8TH AVE CAMAS WA 98607 City Government Northwest 5200580 BREMERTON FIRE DEPT 911 PARK AVENUE BREMERTON WA 98337 City Government Northwest 5200579 CITY OF BREMERTON POLICE DEPT 345 6th street, suite 600 bremerton WA 98337 City Government Northwest 5200578 CITY OF BREMERTON 100 OYSTER BAY AVE N BREMERTON WA 98312 City Government Northwest 5200577 CITY OF SAMMAMISH 801 228th Ave SE Sammamish WA 98075 City Government Northwest 5200576 CITY OF SAMMAMISH 486 228th Ave NE OTHER Sammamish WA 98074 City Government Northwest 5200575 CITY OF BONNEY LAKE P. O. Box 7380 BONNEY LAKE WA 98391 City Government Northwest 5200574 CITY OF BONNEY LAKE (WA)19306 BONNEY LAKE BLVD E BONNEY LAKE WA 98391 City Government Northwest 5200573 City of Henderson Traffic Maint. Dept Henderson NV 89009 City Government Southwest 5200572 CITY OF HENDERSON SILVER SPRINGS PKWY HENDERSON NV 89074 City Government Southwest 5200571 POLICE DEPT MAIN ADMIN BUILDIN MSC 211 - ESF BUILDING HENDERSON NV 89015 City Government Southwest 5200570 LV - CLARK COUNTY LIBRARY DIST 7060 W WINDMILL LN LAS VEGAS NV 89113 City Government Southwest 5200569 CITY OF HENDERSON - UTILY SRV MSC 450 E. GALLERIA DR. BLDG D HENDERSON NV 89011 City Government Southwest 5200568 CITY OF HENDERSON 450 E GALLERIA DR HENDERSON NV 89011 City Government Southwest 5200567 CITY OF SAND SPRINGS 13101 WEST 46TH STREET SAND SPRINGS OK 74063 City Government North Texas 5200566 CITY OF SAND SPRINGS 1050 West Wekiwa rd Sand Springs OK 74063 City Government North Texas ® 10-15-2020 1762030- 5 Bremerton, WA Warren Avenue Playfield PlayCreation.complaylsi.com AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Special Meeting Date: November 9, 2020 Resolution No. 3334 to make a Declaration of Substantial Need for purposes of Setting the Limit Factor for the General Property Tax Levy and EMS Levy for 2021 COUNCIL MEETING Date: November 18, 2020 Department: Financial Services Presenter: Michael Riley Phone: (360) 473-5303 SUMMARY: RCW 84.55.005 allows for a taxing district with a population of 10,000 or great to levy taxes in an amount that is lessor of 100 percent plus inflator or 101 percent. Currently the taxes levied in the City of Bremerton in 2020 for collection in 2021 will increase by 0.602% except for the amounts resulting from new construction and improvements to property, and any increase in the value of state-assessed utility property. RCW 84.55.0101 provides for use of a limit factor of 101 percent or less with a finding of substantial need by a majority plus one vote of council members. The City general fund is reliant on the use of the fund balance to supplement ongoing revenues to meet annual operating expenditures. The additional property tax authority provides funds to be used for public safety, street maintenance and preservation of the City’s other basic core services. Failure to declare a substantial need will result in a permanent loss of taxing authority. ATTACHMENTS: Resolution No. 3334 Updated FISCAL IMPACTS (Include Budgeted Amount): The City will bank the capacity of the additional .398% equal to $31,087 for the general property tax levy. The City will also bank the capacity of $7,961 for the 2021 EMS levy. SPECIAL MEETING AGENDA: ☒ Limited Presentation ☐ Full Presentation SPECIAL MEETING ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3334 to make a Declaration of Substantial Need for purposes of Setting the Limit Factor for the General Property Tax Levy and EMS Levy for 2021. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 3B Updated Page 1 of 2 Resolution Substantial Need Rev. 10/2019 RESOLUTION NO. 3334 A RESOLUTION of the City Council of the City of Bremerton, Washington, making a declaration of substantial need for purposes of the setting the limit factor for the property tax levy for 2021. WHEREAS, RCW 84.55.010 provides that a taxing jurisdiction may levy taxes in an amount no more than the limit factor multiplied by the highest levy of the most recent three years plus additional amounts resulting from new construction and improvements to property, newly constructed wind turbines, and any increase in the value of state-assessed utility property; and WHEREAS, under RCW 84.55.005(2)(c), the limit factor for a taxing jurisdiction with a population of 10,000 or over is the lesser of 101 percent or 100 percent plus inflation; and WHEREAS, under RCW 84.55.005(1) defines “inflation” as the percentage change in the implicit price deflator for personal consumption expenditures for the United States as published for the most recent 12-month period by the bureau of Economic Analysis of the federal Department of Commerce in September of the year before the taxes are payable; and WHEREAS, “inflation” for July 2020 is 0.602 percent. WHEREAS, RCW 84.55.0101 provides for use of a limit factor of 101 percent or less with a finding of substantial need by a majority plus one vote of council members; and WHEREAS, pursuant to Chapter 35.33 RCW, the Mayor is required to provide the City Council with current information on estimates of revenues from all sources, together with estimates submitted by the Financial Services Director, for consideration of the City’s total anticipated financial requirements for the ensuing fiscal year, and the City Council is required to determine and fix by ordinance the amount to be levied by ad valorem taxes; and WHEREAS, the City general fund revenues are projected to be insufficient to meet 2021 budgeted expenditures and maintain adequate operating reserves; and WHEREAS, these are funds that would be used for public safety including EMS services, street maintenance, economic development and preservation of the City’s basic, core services; and WHEREAS, the City of Bremerton has experienced unstable revenues as a result of the economic contraction from the global COVID-19 pandemic; and WHEREAS, the Budget projects a 2% decline in General Fund revenues from the 2020 Budget; and Page 2 of 2 Resolution Substantial Need Rev. 10/2019 WHEREAS, the 2021 Budget projects an increase in employee compensation costs, including those from labor contractual obligations to grow at 2.5% over the 2020 costs; and WHEREAS, the 2021 Budget projects the need to use $4.2 million in General Fund cash reserves to balance the proposed 2021 Budget; WHEREAS, the City Council, after duly considering relevant evidence and factors, has determined that, in order to discharge the expected expenses and obligations of the City, there is a substantial need to set the levy limit increase at 101 percent; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals above are hereby adopted and incorporated herein by this reference. SECTION 2. Based on these recitals and after thoroughly reviewing the information relating to revenues and expenses for 2021, and to ensure adequate funding in future years, the City Council finds and determines that, pursuant to and for purposes of Chapter 84.55 RCW, there is a substantial need to set the levy limit factor at 101 percent for the regular property tax levy and EMS property tax levy for 2021. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _____ day of __________________, 2020. ERIC YOUNGER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney ANGELA HOOVER, City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5407 levying Property Taxes for Collection in 2021 Special Meeting Date: November 9, 2020 COUNCIL MEETING Date: November 18, 2020 Department: Financial Services Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: Cities over 10,000 in population are allowed to raise their annual property tax collection by either 1% or the amount of the July Implicit Price Deflator (IPD), whichever is lower. This year, the IPD was 0.602 %. As presented during the public hearing earlier on November 4th, the City is requesting the 0.602% increase to our general and EMS property tax levy over the prior year’s collection, as allowed by law. This increase, along with the amounts anticipated for new construction, has been included in the 2021 Proposed Budget. RCW 84.52.020 requires all taxing districts to “certify to the county legislative authority, for the purpose of levying district taxes…the amounts to be raised” by property taxes. RCW 84.55.120 requires that the certification includes the enabling tax ordinance setting the property tax rate. These documents must be submitted to the county by November 30, 2020. ATTACHMENTS: Ordinance No. 5407 establishing the amount to be collected in 2021 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate Updated FISCAL IMPACTS (Include Budgeted Amount): The proposed 2021 budget anticipates passage of this ordinance. Budgeted revenue matches the levy amounts as the total collections in recent years closely approximate the actual amount collected. In the General Fund revenue from the general property tax levy is $8,155,446 and the EMS levy is $2,086,406. Revenue from voter approved levies are budgeted in Debt Service funds and include $900,000 for the 2010 Public Safety bond and $550,000 for the 2015 Public Safety bond. SPECIAL MEETING AGENDA: ☒ Limited Presentation ☐ Full Presentation SPECIAL MEETING ACTION: ☐ Consent Agenda ☒ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5407 establishing the amount to be collected in 2021 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 3C Updated 1 2021 Property Tax ORDINANCE NO. 5407 AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing the amount to be collected in 2021 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. WHEREAS, the City Council attests that the population of the City of Bremerton for 2020 is 41,750; and WHEREAS, the City Council has properly given notice of the public hearing held on November 4, 2020, to consider the City’s revenue sources for the City’s General Fund budget; and WHEREAS, the City’s actual levy amount from the previous year, including any refunds and abatements levied was $7,872,012; and WHEREAS, the City’s actual EMS levy amount from the previous year, including any refunds and abatements levied was $2,000,516; and WHEREAS, the City Council, after hearing and duly considering all relevant evidence and testimony presented, has determined that the City of Bremerton requires a regular levy and EMS levy in the maximum amounts allowable, which is a 1% increase to the highest lawful levy allowed by law. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That an increase in the regular property tax levy is hereby authorized for the levy to be collected in the 2021 tax year. The dollar amount of the increase over the actual levy from the previous year shall be $0 which is an effective percent increase of 0% from the previous year levy. This increase is exclusive of additional revenue resulting from new construction, any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred, and refunds made. SECTION 2. That an EMS levy is hereby authorized for the levy to be collected in the 2021 tax year. The dollar amount of the increase over the actual levy from the previous year shall be $12,043 which is an effective percent increase of 0.602% from the highest allowable levy. This increase is exclusive of additional revenue resulting from new construction, any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred, and refunds made. This levy is further subject to the maximum allowable levy rate of $0.50 per $1,000 of assessed valuation. SECTION 3. That a property tax levy for debt redemption of the 2010 Public Safety UTGO Refunding Bonds, as previously authorized by the vot ers, is hereby 2 2021 Property Tax authorized to levy property taxes to be collected in 2021 at a rate sufficient to provide $900,000 needed to meet debt service obligations in 2021. SECTION 4. That a property tax levy for debt redemption of the 2015 Public Safety UTGO Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2021 at a rate sufficient to provide $550,000 needed to meet debt service obligations in 2021. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2020 _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2020 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2020 EFFECTIVE the _________day of ______________________, 2020 ORDINANCE NO. ____________ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Special Meeting Date: November 9, 2020 Final Public Hearing on Ordinance No. 5408 to approve and adopt the FY-2021 City of Bremerton Budget COUNCIL MEETING Date: November 18, 2020 Department: Financial Services Presenter: Mike Riley Phone: (360) 473-5303 SUMMARY: Tonight’s public hearing is to take additional comments on the 2021 Proposed Budget. Budget workshops were held on October 26, October 29, and November 2 where an overview of the Mayor’s proposed budget was presented to Council. Public comments will be taken into consideration before Council adopts a final ordinance. This is the second of two public hearings on the budget; the first public hearing was held on November 4, 2020. The attached ordinance represents the final proposed 2021 Fiscal Budget. If adopted, this ordinance would become effective January 1, 2021. ATTACHMENTS: 1) Ordinance No. 5408 Updated; and 2) Exhibit A Updated The 2021 Proposed Budget and related workshop presentations may be found on the City’s website at www.bremertonwa.gov FISCAL IMPACTS (Include Budgeted Amount): Total proposed general fund expenditures, without ending fund balance, is $49,295,144. With ending fund balance, total general fund expenditures are $57,709,347. Total proposed expenditures city wide without ending fund balance, is $148,193,886. With ending fund balance, total expenditures city wide is $192,162,136. SPECIAL MEETING AGENDA: ☒ Limited Presentation ☐ Full Presentation SPECIAL MEETING ACTION: ☐ Consent Agenda ☐ General Business ☒ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5408 approving and adopting the budget for the City of Bremerton for the fiscal year 2021; and appropriating the amounts set forth in each fund in accordance with RCW 35.33.075. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 4A Updated 1 2021 Annual Budget ORDINANCE NO. 5408 AN ORDINANCE of the City Council of the City of Bremerton, Washington, approving and adopting the budget for the City of Bremerton for the fiscal year 2021, and appropriating the amounts set forth in each fund in accordance with RCW 35.33.075. WHEREAS, Pursuant to Chapter 35.33 RCW, the City of Bremerton (“City”) is required to adopt an annual budget and provides procedures for the filing of estimates, a preliminary budget, deliberations, public hearings, and final fixing of the budget; and WHEREAS, a proposed annual budget for the fiscal year 2020 has been prepared and filed in the Office of the City Clerk for the City; public hearings have been held for the purposes of fixing the final City budget; and the City Council, during its November 2, 2020 Budget Workshop meeting, deliberated and made adjustments and changes to the proposed budget deemed necessary and proper; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The proposed 2021 annual budget for the City, as amended by the City Council during its November 2, 2020 Budget Workshop meeting, (“2021 Annual Budget”), on file in the office of the City Clerk, is hereby incorporated herein by this reference. SECTION 2. The 2021 Annual Budget, covering the period from January 1, 2021, through December 31, 2021, establishing; 1) authorized positions for employment, 2) the City-wide Capital Improvement Program, and 3) fund balances as set forth in Exhibit A, attached hereto and incorporated herein by this reference, including regular revenues and unencumbered fund balances of $192,162,136 expenditures and ending fund balances of $192,162,136 and funding of category groups pursuant to BMC 3.02.010, is hereby adopted and approved, and the totals for these funds as noted in Exhibit A are hereby appropriated for the fiscal year 2021. SECTION 3. Certain revenues received by the City shall be transferred to specific funds as follows: (a) The administrative fee, less the costs of administering the contract, received by the City from the “Agreement for Garbage, Recycling and Compostable Organics Collection, and Disposal” between the City of Bremerton and Waste Management of Washington, Inc. shall be allocated and transferred to fund No. 314, the Residential Street and Sidewalk Fund, for street improvements, unless otherwise allocated by motion or other action of the City Council. 2 2021 Annual Budget (b) All rent and other revenues received by the City from the telecommunication tower “Option and Lease Agreement” between the City of Bremerton and Vertical Bridge Development, LLC shall be allocated and transferred to fund No. 310, the Park Facilities Construction Fund, for capital improvements, for park capital improvements, unless otherwise allocated by motion or other action of the City Council. SECTION 4. Nothing contained herein shall be construed to require the City or its officers to fill any vacancy in any of the positions established by this ordinance resulting from the discharge, resignation or retirement of such employee. Nothing herein contained shall require the City or its officers to pay the maximum amount budgeted for any position shown therein. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ___________________________, 2020 _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2020 _________________________________ GREG WHEELER, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA HOOVER, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the________ day of ______________________, 2020 EFFECTIVE the_________day of ______________________, 2020 ORDINANCE NO BEG LIC.INTER-CHARGES FINES 2020 FUND AND GOV'T FOR AND OTHER TOTAL FUND BAL.TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET General Fund General Government: City Council 0 0 0 155,561 0 0 155,561 Executive 0 0 0 132,319 0 0 132,319 Financial Services 0 0 0 806,344 0 0 806,344 Legal 0 0 0 616,530 0 0 616,530 Human Resources 0 0 0 287,803 0 0 287,803 Community Development 2,935,000 1,285,750 9,400 694,000 50,000 0 4,974,150 Municipal Court 0 0 20,500 210,800 209,400 10,400 451,100 City Auditor 0 0 0 36,291 0 0 36,291 Law Enforcement 0 7,000 192,826 143,600 1,500 500 345,426 Fire/Emergency Medical 2,086,406 1,200 841,104 650,200 3,000 0 3,581,910 Police & Fire Pension 0 0 76,236 0 0 0 76,236 General Facilities 0 0 0 180,019 0 596,600 776,619 Parks 0 0 0 125,500 0 52,000 177,500 Engineering 0 64,000 0 2,183,027 0 0 2,247,027 Non-Departmental 28,511,788 30,600 839,130 104,371 732,000 198,000 30,415,889 Beginning Fund Balance 12,628,642 12,628,642 Total General Fund 12,628,642 33,533,194 1,388,550 1,979,196 6,326,365 995,900 857,500 57,709,347 Special Revenue Funds: Street 791,557 800,000 0 837,923 115,000 0 756,500 3,300,980 Contingency Reserve 1,514,141 0 0 0 0 0 144,800 1,658,941 Lodging Tax 231,147 470,000 0 0 0 0 4,000 705,147 Parking System 932,965 0 0 0 0 355,500 1,294,831 2,583,296 Comm. Dev. Block Grant 371,050 0 0 841,000 25,500 0 80,500 1,318,050 Abatement Revolving Fund 293,819 0 0 0 0 25,000 500 319,319 Police Special Projects 357,590 0 0 0 0 5,000 3,500 366,090 Public Access Television 694,352 0 274,000 0 125,607 0 47,000 1,140,959 Gift & Donations Fund 84,633 0 0 0 0 0 2,100 86,733 Trial Improvement 83,806 0 0 18,000 0 0 600 102,406 One Percent for Arts 19,557 0 0 0 0 0 1,700 21,257 Conference Center Oper 180,298 0 0 0 1,023,438 0 356,000 1,559,736 Total Spec. Rev. Funds 5,554,915 1,270,000 274,000 1,696,923 1,289,545 385,500 2,692,031 13,162,914 Debt Service Fund: 2010 UTGO 153,531 900,000 0 0 0 0 1,000 1,054,531 Government Center LTGO 85,419 0 0 0 0 0 331,000 416,419 2015 Public Safety Bond 87,981 550,000 0 0 0 0 750 638,731 2019 Refunding LTGO 225,666 330,000 0 3,000 0 0 147,600 706,266 Total Debt Service Fund 552,597 1,780,000 0 3,000 0 0 480,350 2,815,947 Capital Improvement Funds: General Govt Capital Improv.2,666,968 1,650,000 0 0 0 0 40,000 4,356,968 Park Facilities Construction 132,711 0 0 1,014,400 0 0 258,150 1,405,261 Residential Street & Sidewalk Fund 2,323,199 1,091,301 125,000 10,000 0 0 115,000 3,664,500 Transportation Projects Fund 936,247 491,301 0 8,569,972 0 0 1,225,544 11,223,064 Fire Public Safety Capital 792,163 0 0 0 0 0 0 792,163 Affordable Housing Capital Fund 2,343 0 0 0 0 0 100,000 102,343 Total Capital Improv. Funds 6,853,631 3,232,602 125,000 9,594,372 0 0 1,738,694 21,544,299 Total General Gov't Funds 25,589,785 39,815,796 1,787,550 13,273,491 7,615,910 1,381,400 5,768,575 95,232,507 EXHIBIT A CITY OF BREMERTON 2021 REVENUE - ALL FUNDS AS OF 11/18/2020 BEG LIC.INTER-CHARGES FINES 2020 FUND AND GOV'T FOR AND OTHER TOTAL FUND BAL.TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET 2021 REVENUE - ALL FUNDS Enterprise Funds: Water Utility 2,079,768 0 0 0 14,945,857 20,000 533,000 17,578,625 Water Capital 8,689,708 0 0 0 0 0 3,605,600 12,295,308 Wastewater Utility 2,147,047 102,000 0 0 16,394,038 18,000 23,000 18,684,085 Wastewater Capital 2,228,538 0 0 0 0 0 7,995,600 10,224,138 Stormwater Utility 607,645 0 0 0 4,905,506 7,000 82,500 5,602,651 Stormwater Capital 4,875,256 0 0 0 0 0 4,062,929 8,938,185 Utility Debt Reserve 1,716,336 0 0 0 0 0 22,000 1,738,336 Gold Mountain Golf Complex 755,255 0 0 0 4,734,564 0 24,271 5,514,090 Total Enterprise Funds 23,099,553 102,000 0 0 40,979,965 45,000 16,348,900 80,575,418 Internal Service Funds: Risk Management 2,873,775 0 0 0 0 0 2,207,829 5,081,604 Employment Security 157,977 0 0 0 0 0 4,000 161,977 Accumulated Leave Liability 270,939 0 0 0 0 0 582,500 853,439 ER&R Operations & Maint.6,064 0 0 0 1,788,869 0 4,350 1,799,283 ER&R Equipment Reserve 4,365,234 0 0 0 0 0 1,489,943 5,855,177 Information Services 836,731 0 0 0 1,766,000 0 0 2,602,731 Total Internal Service Funds 8,510,720 0 0 0 3,554,869 0 4,288,622 16,354,211 Total Business Type Funds 31,610,273 102,000 0 0 44,534,834 45,000 20,637,522 96,929,629 Total All Funds 57,200,058 39,917,796 1,787,550 13,273,491 52,150,744 1,426,400 26,406,097 192,162,136 1/0/1900 2020 SUPPLIES &DEBT CAPITAL ENDING TOTALFUNDPERSONNELSERVICESSERVICEOUTLAYTRANSFERSFUND BAL.BUDGET General Fund General Government: City Council 345,200 63,365 0 0 0 408,565 Executive 273,500 74,022 0 0 0 347,522 Financial Services 1,259,300 358,603 0 0 0 1,617,903 Legal Department 1,395,600 245,915 0 0 0 1,641,515 Human Resources 502,500 253,385 0 0 0 755,885 Community Development 1,820,700 941,680 0 0 75,000 2,837,380 Municipal Court 983,000 544,581 0 0 0 1,527,581 City Auditor 88,400 6,915 0 0 0 95,315 Law Enforcement 10,931,400 1,844,172 0 0 0 12,775,572 Fire/Emergency Medical 10,718,900 1,367,511 0 0 0 12,086,411 Police & Fire Pension 1,479,400 407,000 0 0 0 1,886,400 General Facilities 510,500 887,975 0 540,000 0 1,938,475 General Parks 2,227,800 847,334 0 0 132,700 3,207,834 Engineering 2,699,400 351,752 0 0 0 3,051,152 Non-Departmental 199,200 3,767,634 0 0 1,150,800 5,117,634 Ending Fund Balance 8,414,203 8,414,203 Total General Fund 35,434,800 11,961,844 0 540,000 1,358,500 8,414,203 57,709,347 Special Revenue Funds: Street 1,077,951 1,747,303 0 0 0 475,726 3,300,980 Contingency Reserve 0 0 0 0 0 1,658,941 1,658,941 Lodging Tax 0 350,000 0 0 250,000 105,147 705,147 Parking System 0 1,130,771 542,708 0 70,000 839,817 2,583,296 Comm. Dev. Block Grant 153,200 718,245 0 0 75,550 371,055 1,318,050 Abatement Revolving Fund 0 241,100 0 0 0 78,219 319,319 Police Special Projects 0 203,868 0 0 0 162,222 366,090 Public Access Television 410,200 53,875 0 30,000 0 646,884 1,140,959 Gift & Donations Fund 0 17,000 0 0 0 69,733 86,733 Trial Improvement 0 27,500 0 0 0 74,906 102,406 One Percent for Arts 0 9,000 0 0 0 12,257 21,257 Conference Center Oper 0 1,227,104 32,168 0 0 300,464 1,559,736 Total Spec. Rev. Funds 1,641,351 5,725,766 574,876 30,000 395,550 4,795,371 13,162,914 Debt Service Fund: 2010 UTGO 0 0 856,088 0 0 198,443 1,054,531 Government Center LTGO 0 0 331,113 0 0 85,306 416,419 2015 Public Safety Bond 0 0 500,550 0 0 138,181 638,731 2019 Refunding LTGO 0 0 530,844 0 0 175,422 706,266 Total Debt Service Fund 0 0 2,218,595 0 0 597,352 2,815,947 Capital Improvement Funds: General Govt Capital Improv.0 0 0 0 2,126,544 2,230,424 4,356,968 Park Facilities Construction 0 0 0 1,304,150 0 101,111 1,405,261 Residential Street & Sidewalk Fund 238,200 824,228 0 376,000 0 2,226,072 3,664,500 Transportation Projects Fund 0 1,060,000 0 9,683,548 0 479,516 11,223,064 Fire Public Safety Capital 0 442,163 0 349,000 1,000 0 792,163 Affordable Housing Capital Fund 0 100,000 0 0 0 2,343 102,343 Total Capital Improv. Funds 238,200 2,426,391 0 11,712,698 2,127,544 5,039,466 21,544,299 Total General Gov't Funds 37,314,351 20,114,001 2,793,471 12,282,698 3,881,594 18,846,392 95,232,507 EXHIBIT A CITY OF BREMERTON 2021 EXPENDITURES - ALL FUNDS As of 11/18/2020 1/0/1900 2020 SUPPLIES &DEBT CAPITAL ENDING TOTALFUNDPERSONNELSERVICESSERVICEOUTLAYTRANSFERSFUND BAL.BUDGET 2021 EXPENDITURES - ALL FUNDS Enterprise Funds: Water Utility 4,981,600 7,580,526 923,346 0 2,545,000 1,548,153 17,578,625 Water Capital 0 135,000 0 6,707,085 0 5,453,223 12,295,308 Wastewater Utility 3,517,500 8,800,976 2,094,871 0 2,735,000 1,535,738 18,684,085 Wastewater Capital 0 450,000 0 8,591,446 0 1,182,692 10,224,138 Stormwater Utility 1,555,700 2,561,624 223,655 0 740,000 521,672 5,602,651 Stormwater Capital 0 200,000 0 5,217,195 0 3,520,990 8,938,185 Utility Debt Reserve 0 0 0 0 0 1,738,336 1,738,336 Gold Mountain Golf Complex 0 4,219,240 432,195 0 0 862,655 5,514,090 Total Enterprise Funds 10,054,800 23,947,366 3,674,067 20,515,726 6,020,000 16,363,459 80,575,418 Internal Service Funds: Risk Management 390,000 1,812,829 0 0 0 2,878,775 5,081,604 Employment Security 80,000 0 0 0 0 81,977 161,977 Accumulated Leave Liability 588,700 0 0 0 0 264,739 853,439 ER&R Operations & Maint 578,900 1,211,469 0 0 0 8,914 1,799,283 ER&R Equipment Reserves 0 6,623 0 1,163,095 0 4,685,459 5,855,177 Information Services 918,600 845,596 0 0 0 838,535 2,602,731 Total Internal Service Funds 2,556,200 3,876,517 0 1,163,095 0 8,758,399 16,354,211 Total Business Type Funds 12,611,000 27,823,883 3,674,067 21,678,821 6,020,000 25,121,858 96,929,629 Total All Funds 49,925,351 47,937,884 6,467,538 33,961,519 9,901,594 43,968,250 192,162,136 From:Brenda Fantroy-johnson To:City Council Subject:Body Cams Date:Saturday, November 7, 2020 12:38:44 PM Dear Bremerton City Council, I am writing to express my support for funding and implementing a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams. Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually happened in a given situation. A good body cam program in Bremerton will build trust with the community and show that both the city and the police force want to support justice and human rights for all the people of Bremerton. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Sincerely, Brenda Fantroy-Johnson From:cindy4253@aol.com To:City Council Subject:Please purchase robust mandatory body camera system Date:Saturday, November 7, 2020 10:22:44 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, Please pass the proposal in front of you for the robust mandatory body camera program. I understand that this program is similar, if not the same as, the program purchased by the Bainbridge Island City Council in July of 2018 after the shooting of a man about five months earlier. First of all, a "robust" mandatory body camera program is the most powerful management tool you can provide to your police chief. With this system, when an officer's gun or taser leaves the holster, the officer's camera, and that of all the other officers on the scene, automatically turn on and the videos can't be destroyed or erased unless the camera is destroyed. On Bainbridge Island, in February of 2018, an officer shot an individual. Fortunately (and perhaps miraculously) Brandon Thomas Roberts survived with minor injuries. The Kitsap County Sheriff Deputy, standing on one side of the car, had re-holstered his pistol and took out his taser. The Bainbridge officer, standing on the other side of the car, used his gun to shoot the man under the same circumstances. I knew the officer. I knew he had been with the department for over 20 years and was a good officer. However, I also knew that he'd been a member of the SWAT team that had killed a man in Eagle Harbor less than a year earlier. Brandon Thomas Roberts, who wasn't considered a lethal danger by a County Deputy was shot by a BIPD officer and then, since that would be the only legal excuse possible without causing the City Council the risk of having to pay a damage claim, he was accused of assaulting a police officer. Mr. Roberts could not raise the million dollar bail for such a serious charge and sat in jail for over a year awaiting trial. The prosecutor, who has no investigatory powers and must rely on what police tell him, rightfully decided based on the information he had, that the officer had not committed a crime and the criminal case went forward. I requested a copy of the body camera footage. I was told that there was none. When the officer was cleared to return to work (a few months later), I received a surprise email from the City's public records office informing me that, when the officer returned to work, he turned in body camera video of aid being provided to Mr. Roberts. Officer Johnson said he'd forgotten to turn on his camera until AFTER the shooting. I guess that's possible, but why did he wait to turn in the video showing aid being given to Mr. Roberts? About five months later, Chief Hamner proposed that the Bainbridge Island City Council purchase a robust mandatory body camera system (like the one I think is in front of you now) and the Council voted to purchase it. The need for this system was proven when, in April of 2019, a jury decided that what the Bainbridge Police (and the other investigating officers from various agencies in the County) said had happened, did not actually happen, and Brandon Thomas Roberts was found not guilty of assaulting a Bainbridge Island Police officer. This same thing could happen to you, as elected officials, if you fail to purchase this system. We all know that police reform is necessary. Best wishes, C. Anderson Bainbridge Island From: Jill Kirshner [mailto:j.d.kirshner@gmail.com] Sent: Saturday, November 7, 2020 12:30 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Body Cam Program For The Bremerton Police Force CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, As a resident of Kitsap County for over thirty years, I am writing to express my hope that you will give your support and sufficient funding to a body cam program for the Bremerton Police Force. I deeply believe that the more openness and transparency exhibited by our police, and, for that matter, by the various branches of government and others having influence and power to affect our lives and our families' lives, the more likely it is that we citizens will be able to trust and, ourselves, support and respect the decisions made and the work done by the various agencies of government. In my lifetime, now, of seven decades, I don't know that there's ever been a time when it's felt more important that that trust be encouraged. Thank you for your service. Best, Jill Kirshner, Poulsbo, Washington From:Karla Piecuch To:City Council Subject:Proposal to the Bremerton City Council for use of Body Cams Date:Saturday, November 7, 2020 2:06:14 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, I am writing to express my support for Mayor Wheeler's Proposal for Body Cameras which would fund and implement a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams. Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually occurs in any given situation. A good body cam program in Bremerton will build trust within the community and illustrate that both the city and the police force want to support justice and human rights for all the people of Bremerton. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Sincerely, Karla Piecuch Kitsap Country Resident From:Katrina Godshalk To:City Council Subject:body cameras for police Date:Saturday, November 7, 2020 1:12:04 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, I am writing to express my support for Mayor Wheeler's Proposal for Body Cams which would fund and implement a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams. As a Kitsap County resident, I hope we can all work together to build a police force that works for the benefit of all. Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually happened in a given situation. A good body cam program in Bremerton will build trust with the community and show that both the city and the police force want to support justice and human rights for all the people of Bremerton. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Sincerely, Katrina Godshalk, Bainbridge Island WA From:Dick Christensen To:City Council Subject:Body Cam proposal before Bremerton City Council Date:Saturday, November 7, 2020 2:49:43 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, I am writing to express my support for Mayor Wheeler's Proposal for Body Cams which would fund and implement a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams. Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually happened in a given situation. A good body cam program in Bremerton will build trust with the community and show that both the city and the police force want to support justice and human rights for all the people of Bremerton. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Sincerely, Leo Richard Christensen Bainbridge Island From:Patty Christensen To:City Council Subject:Body Cams Proposal Date:Saturday, November 7, 2020 12:21:59 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, I am writing to express my support for Mayor Wheeler's Proposal for Body Cams which would fund and implement a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams. Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually happened in a given situation. A good body cam program in Bremerton will build trust with the community and show that both the city and the police force want to support justice and human rights for all the people of Bremerton. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Sincerely, Patricia K. Christensen From:Tom Leigh To:City Council Subject:Body Cam Proposal Date:Sunday, November 8, 2020 7:29:47 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, I am writing to express my support for Mayor Wheeler's Proposal for Body Cams which would fund and implement a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams. Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually happened in a given situation. A good body cam program in Bremerton will build trust with the community and show that both the city and the police force want to support justice and human rights for all the people of Bremerton. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Sincerely, Tom Leigh From: John Kydd [mailto:john@kyddlaw.com] Sent: Monday, November 9, 2020 9:14 AM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; James Burchett <James.Burchett@ci.bremerton.wa.us> Subject: RE: Citizen Letter - Support for Body Cam Program for Bremerton Police Force (John Kydd, Kitsap County) CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please also note that I am more likely to shop in Bremerton if the Police are provided body cams. It simply fees safer. John Kydd From: John Kydd [mailto:john@kyddlaw.com] Sent: Saturday, November 7, 2020 9:11 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Body Cams Please CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City counsel, I urge you to support body cams. It makes it safer for all and perhaps most importantly, it give us a picture of reality to combat rumor. Police cannot be unjustly accused if there is a digital record. Citizens cannot be unjustly harmed and the truth covered up. The police I know like body cams as they want to model best practices. Police with issues who could create liability for Bremerton, will be less interested in working there if there are body cams. Body cams can attract the best officers and deter the worst. John Kydd Kitsap County From: seinna023 [mailto:seinna023@yahoo.com] Sent: Monday, November 9, 2020 2:19 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Police Body Cams CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please accept the proposal for Bremerton Police to use body cams. -Annie Sayo From:georgia suter To:City Council Subject:Body Cam Proposal Date:Monday, November 9, 2020 5:50:27 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, I am writing to express my support for funding and implementing a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams.Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually happened in a given situation. A good body cam program in Bremerton will build trust with the community and show that both the city and the police force want to support justice and human rights for all the people of Bremerton. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Best, Georgia Chehade 360-620-0156 From:Linda Espinosa To:City Council Subject:Body Cameras Program Date:Monday, November 9, 2020 5:37:00 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, I am writing to express my support for funding and implementing a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams. Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually happened in a given situation. A good body cam program in Bremerton will build trust with the community and show that both the city and the police force want to support justice and human rights for all the people of Bremerton. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Sincerely, Linda Espinosa - From:Mary Gleysteen To:City Council Subject:Budgeting for Body Cam"s for BPD Date:Monday, November 9, 2020 7:10:45 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Council Members, I write to urge you to support funding to provide members of the Bremerton Police Force with body cameras. Body cameras have been shown to provide important information about transactions between members of the public and members of the police force. This evidence benefits those involved and the public as a whole in helping to provide an accurate account of an event during which there are many points of view. The use of body cameras by the Bremerton Police Force will strengthen its relationship with the community it serves. Thank you, Mary Gleysteen From:September Knits To:City Council Subject:ACCEPT Mayor Wheeler"s Proposal for Body Cameras Date:Monday, November 9, 2020 10:58:11 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, I am writing to express my support for funding and implementing a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams. Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually happened in a given situation. A good body cam program in Bremerton will build trust with the community and show that both the city and the police force want to support justice and human rights for all the people of Bremerton. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Sincerely, -- Rachael Reese September Knits Instagram: @rachaelmreese Website: www.septemberknits.com Ravelry: https://www.ravelry.com/designers/september-knits Pattern Support: helloseptemberknits@gmail.com From:Laurie Reese To:City Council Subject:ACCEPT Mayor Wheeler"s Proposal for Body Cameras Date:Tuesday, November 10, 2020 7:31:23 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, I am writing to express my support for funding and implementing a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams. Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually happened in a given situation. A good body cam program in Bremerton will build trust with the community and show that both the city and the police force want to support justice and human rights for all the people of Bremerton. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Sincerely, Laurie Reese Sent from my iPhone From:Bea Dixon To:City Council Subject:Investment in body cams Date:Tuesday, November 10, 2020 8:49:36 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear City Council Members: Please allow me to express my support for an investment in body cams for our police force. Here is my rationale: A couple of years ago I worked in a psychiatric inpatient facility where leadership decided to introduce the use of cameras on the unit. All staff met this decision with great disapproval believing that it reflected a lack of trust in their work and that it was an intrusion into their privacy and that of the patients. Cameras , nevertheless, were installed in spite of strong opposition. Several months later staff reluctantly began admitting that the use of cameras was actually beneficial: 1) Because patients were aware that the milieu was being filmed they seemed to be more mindful of their own behaviors; 2) Staff elevated their interventions to a level of excellence that made them proud of their work; 3) Situations that were particularly challenging were reviewed using the tapes – not unlike basketball players who look back at their moves - and staff found this exercise very educational; 4) Occasional patient accusations of staff misconduct were easily dismissed after looking at the tapes; and 5) Yes, gross misconduct on the part of a staff can result in disciplinary actions but then again staff realized that they could not be fired if the tapes did not reveal evidence of extreme misconduct; the taping actually protected them. It seems to me that police officers might benefit from the same level of protection and support for they too are working in highly charged environments. It will likely take some time for our law enforcement officers to see the value of using body cams for they might interpret it as an indictment, as a lack of trust in their professionalism. It will be important that the city strongly and repeatedly emphasize the many benefits that come from using such devices. Respectfully submitted, Bea Dixon bea_dixon2@msn.com From: Gordon King <gordondouglasking@icloud.com> Sent: Tuesday, November 10, 2020 3:27 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Body Cams Dear Bremerton City Council, I am writing to express my support for Mayor Wheeler's Proposal for Body Cams which would fund and implement a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams. Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually happened in a given situation. A good body cam program in Bremerton will build trust with the community and show that both the city and the police force want to support justice and human rights for all the people of Bremerton. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Sincerely, Gordon King From:Jewel Shepherd To:City Council Subject:Body Camera Date:Friday, November 13, 2020 5:49:14 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Bremerton City Council, I am writing to express my support for funding and implementing a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams. Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually happened in a given situation. A good body cam program in Bremerton will build trust with the community and show that both the city and the police force want to support justice and human rights for all the people of Bremerton. The uniqueness about Bremerton is that our community does NOT want to become a national headline. It is important that we do the work and implement safety and accountability measures for the benefit of our officers and citizens as well. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Sincerely, Jewel Shepherd-Sampson Get Outlook for Android From: Doug Daman <daman.doug@gmail.com> Sent: Tuesday, November 17, 2020 11:40 AM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Support for Police Body Cam Proposal Dear Bremerton City Council, I am writing to express my support for funding and implementing a robust body camera program for the Bremerton Police Force. Please support the motions before the council to fund and implement body cams. Body cams protect everyone involved in interactions with the police, including the police themselves. They provide critical evidence and help determine what actually happened in a given situation. A good body cam program in Bremerton will build trust with the community and show that both the city and the police force want to support justice and human rights for all the people of Bremerton. Thank you for taking this issue seriously and investing in public safety by supporting body cams. Truth is an important component of justice. Thank you for your consideration. Sincerely, Doug Daman daman.doug@gmail.com 360.772.5542 mobile From:C Cuenin To:City Council Subject:Comment in support of Mayor Wheeler"s body cam proposal Date:Tuesday, November 17, 2020 2:53:56 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Bremerton City Council Members I would like to express my support for Mayor Wheeler's proposal for body cams. I am not a Bremerton resident but frequent Bremerton regularly for shopping, art, and business matters. I'm a resident of Kitsap County, residing in Suquamish. I understand that this would entail a large investment of time and money at a particularly tough time but no time is likely to be better and certainly there is no time like the present for taking action that protects the integrity of officers and offers citizens accountability and transparency. I hope you are able to identify ways to make this program manageable and get it up and running. Thank you, Catherine Cuenin Suquamish, WA From: Matthew Adams <matthew.dw.adams@gmail.com> Sent: Monday, November 16, 2020 7:30 PM To: City Council <City.Council@ci.bremerton.wa.us> Subject: Proposed Budget Comments for Record Mayor Wheeler, City Council members and Citizens of Bremerton, My name is Matthew Adams. I live in District 5, and I strongly oppose “Lobbying Services for the amount of $54000.” I believe this item should be removed from the proposed budget, as Bremerton tax payers we already pay for lobbying services via the Association of Washington Cities (AWC). This money should be used to help stand up the Body Camera Program for Bremerton Police Department. If not for this purpose, than it should be kept in the General Fund. The definition of a lobbyist is “a person who takes part in an organized attempt to influence legislators.” Nowhere in that definition does it state that a lobbyist should be paid. I believe, that a concerned citizen, when properly dispatched, can have more influence than a paid consultant. Why is this? The concerned citizen is an empowered citizen. They see the problems, they live around the problems, and the believe they have the solution that will work best for their community. My tax dollars pay for this lobbyist who doesn’t represent me, they represent the best interests of the City of Bremerton. As Justice Samuel Alito stated recently, “we have never before seen restrictions as severe, extensive and prolonged as those experienced for most of 2020.” These restrictions have directly affected my life, as well of millions of others lives. Look at Mayor Wheelers directive for Halloween this year. He discouraged children from taking part in a timeless tradition. Mayor Wheeler should take the same stance as Patty Lent, and he should make the lobbying for the City of Bremerton his job. He is the face of Bremerton. Thank you for your time. V/r, Matthew Adams From: To: Cc: Subject: Date: Bryan McConaughy/BMcConsulting City Council; Matthew Adams; Greg Wheeler Jennifer Hayes Re: Citizen Comments - Proposed Budget (Matthew Adams) Wednesday, November 18, 2020 9:12:18 AM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Adams, Thank you for taking the time to provide input on the City’s upcoming budget. Growing up in Bremerton, I do not remember many of my friends/parents being that involved. I have worked with the City of Bremerton since September 2016, when then-Mayor Patty Lent hired me to represent the city in Olympia. I understand your concerns about the city spending money on my consulting services/lobbying and wanted to provide you some data to show the return on investment. I am incredibly lucky to work with a city that does very well when it comes to applying for grants and loans through state programs. The city continues to score extremely high on those efforts, so I do not include those funding successes as part of my direct lobbying. But I do play a role to ensure those grant programs are funded by the state at a level that includes Bremerton’s projects. There are other funding opportunities that the state provides via direct Legislative efforts, usually in the Capital Budget and the Transportation Budget. There are opportunities every legislative session to obtain additional funding for the city through these budgets. Since the city has hired me, it has done very well in these budgets that are a direct result of the city working with our local legislators. In 2017, the city received $250,000 in the Capital Budget for Quincy Square, this money wasn’t made available until early 2018 due to delayed passage of the Capital Budget. In the 2018 legislative session, Bremerton secured $280,000 for the Harrison/Eastside Employment Center. In 2019, the city received another $206,000 for Quincy Square, $206,000 for Warren Avenue Playfield and $50,000 for Pendergrast Regional Park. The City also was critical in securing the $2,000,000 for Belfair Sewer Extension benefiting the city’s property out at the Port of Bremerton Industrial Park. In the transportation budgets, Bremerton has also done well to secure additional money during my time working for the city. In 2019, the state provided $1,500,000 for preliminary work on pedestrian and improvements to Warren Ave Bridge. In the 2018 Transportation Supplemental Budget, Bremerton secured $500,000 for the SR 303 Corridor Study which is nearing completion. There are many other items that I work on legislatively for the City of Bremerton but wanted to share just the financial benefit that my role brings to the city. I am proud that my position is supported by the Mayor, city staff, and 6 of the 7 City Council. Thanks again for your interest and input. Sincerely, Bryan McConaughy BMcConsulting From:Greg Wheeler To:City Council; Matthew Adams Cc:Bryan McConaughy/BMcConsulting; Jennifer Hayes Subject:RE: Citizen Comments - Proposed Budget (Matthew Adams) Date:Tuesday, November 17, 2020 12:47:56 PM Good afternoon Matthew and City Council, Thank you Matthew for taking the time to email the city and share your thoughts over the budget being considered for adoption by the City Council. I am including city consultant Bryan McConaughy in my reply to provide a snap shot of the return on investment he has provided by working in Olympia full time on Bremerton’s behalf. As the City Council and myself have discussed previously over several budget meetings, working effectively in Olympia is a full time commitment and Councilmembers have been strategically called upon from time to time to join me in Olympia to ensure our tax dollars are returned back to our citizens and businesses who paid into the system. I appreciate your interest in this important process Matthew as the budget is what ultimately funds city government. V/r, Greg Wheeler Mayor City of Bremerton (360) 473-5266 Photo courtesy of Port of Bremerton MAYOR’S REPORT November 18, 2020 Bremerton Rental Assistance Program Grants to tenants to make rent payments during COVID-19 Round 1 -$268,383 Round 2 -$265,048 Total Funding to Rental Assistance Program = $533,431 The City of Bremerton has dedicated nearly $1.4 million in COVID-19 CARES Act funding to support residents, businesses, and the City’s school district. Small Business Assistance (SBA) –Bremerton CARES Business grants for rent and lease payments, etc. Phase I & II -$137,258 awarded to 29 businesses Phase III -$443,319 awarded to 57 businesses (new and previous awardees) Total SBA Funding = $580,578 City of Bremerton Partnership with Bremerton School District Mobile Bus Hotspots -$29,777 Mobile T-Mobile Hotspots for 150 students -$39,240 Touchscreen Tablet Computers for 450 students -$183,933 Total Funding to Bremerton School District = $252,950