HomeMy WebLinkAbout03/24/2021 STUDY SESSION AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
* * * 2nd A M E N D M E N T * * *
WEDNESDAY, MARCH 24, 2021
CITY COUNCIL STUDY SESSION AGENDA
5:00 PM – Via Zoom Webinar
To help reduce the spread of COVID-19, the City Council is conducting a Study Session via Zoom Webinar. The Council
Conference Room 603 will be closed, and all Council Members and staff will be participating remotely.
The Study Session is open to the public to listen in, but except for Item B1, there will be no opportunities for input; no
action is anticipated; and the content of these items is subject to change. If approved by the Council, these items will
be placed on the April 7, 2021 City Council Virtual Meeting Agenda…
Members of the public are invited to join the Zoom webinar by clicking on the following link:
https://us02web.zoom.us/j/84084350535?pwd=L0NWMmFFeTAzenZYUVZyR3NiOVRkdz09
Or iPhone one-tap:
US: +12532158782,,84084350535#,,,,*209823# or +16699006833,,84084350535#,,,,*209823#
Or Telephone: Dial (for higher quality, dial a number based on your current location):
US: +1 253 215 8782 or +1 669 900 6833 or +1 346 248 7799 or +1 301 715 8592
Webinar ID: 840 8435 0535
Passcode: 209823
Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
A.BRIEFINGS ON AGENDA ITEMS
1.Electronic Business Machines Maintenance Agreement for a Canon Image Runner Copier for the
Police Department Item pulled
2.Bremerton Kitsap Access Television (BKAT) Service Contract with the Kitsap Public Health District
3.Accept Federal Highway Administration (FHWA) Transportation Grant; and Approve Local Agency
Agreement for the 6th Street Preservation Phase III Project
4.Sole Source Public Works Agreement with Seton Construction, Inc. for the 2nd Street Stormwater
Treatment Project
5.Sole Source Professional Services Agreement with Stantec Consulting Services, Inc. for the
McDougal Creek/Wheaton Way Culvert Repair Permit Support
6.Local Agency Preliminary Engineering Participating Agreement with Washington State Department
of Transportation (WSDOT) for Warren Avenue Pedestrian Improvements Project
7.Master Services and Purchasing Agreement with Axon Enterprise, Inc. for Body Cameras and In-
Car Recording Equipment for the Police Department
8.Authorize three additional positions (3 FTEs) in the 2021 City Budget to support Bremerton’s
Permitting Development Review and Inspection Services
Continued on next page…
9. Confirm Appointment of Ashley Walchok to the Lodging Tax Advisory Committee
10. Confirm Appointment of Ash Printy to the Lodging Tax Advisory Committee
11. Confirm Appointment of Mike Huey to the Lodging Tax Advisory Committee
12. Confirm Appointment of Virgil Valdez to the Lodging Tax Advisory Committee
B. GENERAL BUSINESS – Action is anticipated...
1. Setting Salary for Karen Wikle as the Budget Analyst at Pay Band 12 Rate 6 of the 2021
Management, Professional, Confidential & Fiduciary Salary Plan Item Added
C. GENERAL COUNCIL BUSINESS
o Race Equity Advisory Committee Briefing (3/11/21 Meeting) – Leslie Daugs
o Public Works Committee Briefing (3/16/21 Meeting) – Chair Eric Younger
o Finance, Investment & Parking Committee Briefing (3/23/21 Meeting) – Chair
Michael Goodnow
o Other General Council Business
D. ADJOURNMENT OF STUDY SESSION
Immediately following adjournment of the Study Session, an EXEMPT CLOSED SESSION as allowed
under RCW 42.30.140(4)(b), will be held to discuss Labor Negotiations…
AMENDED AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: March 24, 2021
Electronic Business Machines Maintenance
Agreement for a Canon Image Runner
Copier for the Police Department
COUNCIL MEETING Date: April 7, 2021
Department: Police
Presenter: Kevin Crane
Phone: 360.473.5480
SUMMARY: The 5-year lease agreement for a Ricoh MPC 4501 copier has expired, and the
department continues with a month-to-month lease. Replacing this unit with a Canon Image Runner
color copier/printer will provide faster output and better image quality. The provider, Electronic
Business Machines, is an agent of Canon Financial Services and is listed on the State of
Washington’s NASPO list of contracts (No. 06619). IT has been consulted on the copier.
Bremerton PD requests approval to enter into a 5-year lease agreement with Electronic Business
Machines.
ATTACHMENTS: Electronic Business Machines Agreement
FISCAL IMPACTS (Include Budgeted Amount): No impact to the budget as the monthly rate is
approximately the same as the current monthly lease for the Ricoh MPC 4501. The amount to lease
a copier is in the Department’s 2021 budget under the Investigations Unit.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the agreement and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A1
Pulled
802 134th ST SW, Suite 170, Everett, WA 98204 Sales Rep
Phone: 425-742-2244 Fax: 425-743-3117 PO #
Address Address
Suite Suite
City City
State State
Zip Zip
Meter Contact Contact
Meter Phone Phone
Email Email
Item Overage Rate Overage Billed
B&W 0.0074 Monthly
Color 0.05 Monthly
B&W Printer
Color Printer
FP Equipment Not Applicable Not Applicable
Make Equipment ID All Inclusive B&W Start Meter Color Start Meter
Canon
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
President
Date Title Date
1025 Burwell St
Bremerton
WA
98337
barbara.forbes@ci.bremerton.wa.us
Agreeement # 06619
Model Serial Number
Maintenance Agreement
Not Applicable Monthly
iR-C5750i
This maintanance agreement is in
Bremerton Police Department
Bill To
Barbara Forbes
Bremerton Police Department
Ship To
1025 Burwell St
Bremerton
WA
98337
Barbara Forbes
(360) 473-5227 (360) 473-5227
Monthly
Base Rate
0.05
0.0074
Maintenance Agreement Coverage
Contract Length (months)
Install Date
60
barbara.forbes@ci.bremerton.wa.us
0
Paul Fisher
Monthly
Base Billed
Brian Landgren
Printed Name
0
0
0
0
0
0
0
0
0
MA 140595
0
TitlePrinted Name
By executing this agreement, I acknowledge that I have read and understand this agreement and I certify that I am authorized to execute this agreement on behalf of customer.
Authorized signature acknowledges terms & conditions, expiration dates and meter readings.
Authorized Signature
Customer Acceptance
Manager's Signature
Electronic Business Machines Acceptance
Base Allowance
0
0
Where term & conditions vary
the NASPO agreement shall take
presidence.
0
0
0
compliance with WA State NASPO
0
0
0
0
0
0
0
0
0
0
0
Customer Initials
Exceptions- 1) This Agreement does not include coverage of third party software support or cabling issues not listed unless mutually agreed upon in writing by Customer and EBM. 2) EBM is not responsible for any software licensing issue.
3) Performance of normal operator functions, system(s) backups, virus scans and network security are the responsibility of the Customer.
DISCLAIMER – EBM EXPRESSLY DISCLAIMS ANY DUTY AS AN INSURER OF THE EQUIPMENT AND MAKES NO WARRANTIES WHATSOEVER UNDER THIS AGREEMENT CONCERNING THE EQUIPMENT’S
PERFORMANCE INCLUDING WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EBM will not be liable for monetary damages of any kind, direct, indirect or consequential for any loss by the
Customer as a result of the Agreement, even if EBM has been advised of the possibility of such damages. For Equipment Maintenance Agreement, EBM will be responsible for providing only that service which is reasonable, normal and
practical and only that service which is in accordance with the manufacturer’s specifications and recommendations.Assignment – The Customer without the express written consent of EBM, which will not be unreasonably withheld, may not
assign this Agreement. The Customer will assume full responsibility to inform any proposed assignee of the price, rates, terms and conditions of this Agreement and of the results of the transfer of title, ownership, or possession of the
Equipment.
Entire Agreement – This Agreement contains the entire sales/service agreement between the parties and no persons are authorized to modify any of the terms and conditions contained herein. Any amendments made by customer will not be
valid.
Electronic Business Machines Maintenance Agreement Terms and Conditions
Definitions –The following terms are defined for purposes of the Equipment Maintenance Agreement. 1) Agreement – This Sales/Maintenance Contract. 2) Customer – the person who is the purchaser, owner or party in possession of
Equipment. 3) Electronic Business Machines, Inc - EBM. 4) Consumable – any item which is consumed in the process of making copies or prints in Equipment, for example: toner, developer, etc. 5) Equipment – Copier, Facsimile, Printer,
FP Products, Scanner and options specified on page 1 for this Agreement. 6) Effective Date – the date which this Agreement is accepted and EBM will begin maintenance coverage. This date is indicated on page 1 of this Agreement. 7) Part
– any assembly, component or device contained in Equipment which does not have predetermined life expectancy and which is not ordinarily replaced on a prearranged schedule, for example; switch, seal, electronic components, etc. 8)
Supply – any items used in the Equipment, which has a predetermined life expectancy and is ordinarily replaced on a prearranged schedule, for example; master, drums POC heat roller, etc. 9) EBM Officer – An EBM officer is the CEO,
President, VP of Sales or Director of Service. 10) All Inclusive Agreement - Includes Parts, Labor and Consumables, excludes paper and staples (State Contract Includes Staples).
Equipment Purchase Terms and Conditions - 1) Customer understands that EBM is not bound by any written or oral representations made by its salespeople that are not reflected on the face of this Agreement. 2) This Agreement is effective
and binding only when read and signed off by an EBM Officer. 3) Customer assumes all responsibility if equipment is not operated under manufacturer specifications. 4) If this document is used in conjunction with a leased piece(s) of
equipment; the leasing company is not bound to service the equipment, but EBM is. 5) Payment of this agreement is acceptance of all terms and conditions. 6) In the case of an MPS program any device that uses like toner to a device
currently on the program shall be automatically added to the MPS program. 7) Customer agrees to allow EBM to install imageWARE Remote, KFS or FM Audit that will report; meters, service concerns or supply warnings back to EBM. If
the Customer denies this service a $5 service fee will be added per month to recover meters manually. 8) FP Equipment maintenance is inclusive of parts and labor, but excludes supply items like ink, sealing solution and labels. 9) Additional
terms and conditions and exclusions are printed below.
EBM’s Responsibility – During the terms of this Agreement, EBM will: 1) Provide maintenance, cleaning and lubrication of the Equipment as reasonably requested by Customer, during our regularly scheduled business hours (8:00 a.m. to
5:00 p.m. Monday – Friday PST). 2) Replace parts which have failed through normal use and which are necessary for proper operation or maintenance of this Equipment. Includes labor provided this is an All Inclusive Agreement.
Customer’s Responsibility – During the terms of this Agreement, the Customer will: 1) Promptly notify EBM service department of any problems or malfunctions with the Equipment and cease usage if so advised by EBM until corrections
are made. 2) Provide suitable personnel for special key operator training in order to promote better equipment performance and inform EBM when a new key operator is appointed. 3) Provide electrical service, working areas and
environmental conditions suitable for normal operations of Equipment as specified by equipment manufacturer. 4) Provide access to EBM personnel to clean, inspect, service, repair or make alterations to Equipment at any time during EBM’s
normal business hours. 5) Provide EBM with true and accurate meter readings as requested. If such meter readings are not received within 3 days, we may estimate the number of images used. Adjustments for estimated charges for additional
images will be made upon receipt of actual meter readings. 6) Use only those Parts, Supplies and Consumables provided or approved by EBM. 7) Approval shall be based upon generally accepted industry and manufacturer’s standards. 8)
Inform EBM of any change in business location and assume responsibility for damage incurred as a result of changing the location of the Equipment. 9) Pay all invoices within 20 days of issuance. 10) The Customer shall pay all attorneys’
fees incurred by EBM to collect any sum due hereunder and to enforce any of its rights under this Agreement. 11) Non-payment of invoices may result in EBM’s withholding services under this contract. 12) Pay any applicable tax now or
hereafter assessed, levied, or imposed by any federal, state or local authority. 13) The Customer may be required to provide a dedicated electrical circuit for the equipment under contract if electricity has been found to be a problem by EBM or
a licensed Electrician chosen by EBM. 14) I understand all meter counts are based on 8.5 x 11 single sided images unless otherwise noted.
Term and Rate – 1) The term of the Agreement shall be for the length of 12 months. In the case of a cost per copy lease; the agreement will automatically renew for consecutive 12 month periods to the end of the lease. 2) This Agreement
shall automatically be extended for successive one (1) year periods and/or conditions set forth on the front of this Agreement, unless the customer gives at least thirty (30) days written notice prior to the renewal date with intent to terminate.
3) If the contract is cancelled by EBM or the Customer, EBM may pick up any spare toners unused by the Customer. 4) EBM may increase the rate up to 10% on or near the annual anniversary date of this Agreement. 5) Billing after annual
anniversary will reflect change in rate, and payment of invoice shall be considered acceptance of the new contract rates. 6) No refunds will be given if the Agreement is voided due to the limitations stated below, misuse, non-use of
Equipment, or non-payment. 7) Payment of maintenance is due in advance of the coverage period. If customer does not pay, EBM may refuse to continue service or furnish service on a C.O.D. “per call” basis. 9) Maintenance contracts are
subject to applicable sales tax.
Additional Charges – Below are charges for which the Customer will be responsible: 1) If at any time there is a break in coverage of over thirty (30) days, an inspection fee and service call charges, if applicable, will be charged before
equipment can be re-established under an Agreement. 2) A written estimate of the service call charges will be given to the Customer before any work is performed. 3) Moving Equipment to a new location will be billed at EBM’s prevailing
service rates. 4) Repairs to Equipment caused by misuse, environmental issues, or a delivery move not handled by EBM, electrical issues or due to abnormal usage will be billed at EBM’s stated price for parts and prevailing service rates.
Limitations – This Agreement shall not apply to: 1) Servicing Equipment located in an unsafe or hazardous environment, as determined by EBM. 2) Painting or refinishing Equipment or furnishing materials for such purpose. 3) EBM shall
not be responsible for parts and/or labor on Equipment, which has been operated above the manufacturer’s stated usage ratings for copies/prints per cycle. 4) Electrical work external to Equipment. 5) Repairs necessitated by atmospheric
conditions not suitable for normal office work, repairs due to deviations in electrical power supply due to ungrounded or unshielded electrical outlets, acts of God, water damage, neglect, theft, vandalism, fire or moving Equipment, unless
moved by EBM personnel. 6) Repairs necessitated by the servicing of the Equipment by any person not authorized by EBM to provide service. 7) Repairs necessitated by the use of non-approved Supplies or Consumables. 8) Repairs
necessitated by the improper performance of operators whether or not such operators were trained by EBM. 9) Servicing Equipment that is moved outside the geographic area covered by EBM. 10) If a customer chooses not to purchase
supplies from EBM, the customer’s maintenance agreement can be terminated by an EBM Officer at any time throughout the contract. 11) If a customer exceeds manufacturer toner/parts yield by more than 10% on B&W or Color usage due
to operating the machine outside of manufacturer specifications, the customer can be charged at EBM’s discretion for any and all toner/parts used above suggested consumption yield. 12) IT support is not included in this maintenance
contract. 13) If after we connect your system to your network, issues arise, they will be examined on a case by case basis. If this issue is caused by your network it will result in a billable network call at prevailing IT rates. 14) By signing this
document Customer releases EBM from any problems created by installing any/all drivers associated with this equipment on the customer’s network. 15) Labels, transparencies, paper or other consumable items not marked specifically for
copiers is hazardous to the heating element and could potentially cause damage not covered under the maintenance agreement. 16) Customer errors will be handled on a case by case basis and may result in a charge if the solution is in a
manual or the customer was found to have done something wrong. 17) Failure to register correct paper types in the equipment that cause damage will not be covered in this agreement. 18) Watch your copy jobs closely, because EBM doesn’t
reimburse for bad copies made. 19) Firmware upgrades, repairs, service/network labor due to a malfunctioning imagePASS unit or maintenance for imagePASS units will not be covered unless stated on the front of the agreement. 20)
Incorrect installation of toner could result in damage to the copier not covered under this agreement.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: March 24, 2021
Bremerton Kitsap Access Television (BKAT)
Service Contract with the Kitsap Public
Health District
COUNCIL MEETING Date: April 7, 2021
Department: BKAT
Presenter: Jon Rauch
Phone: (360) 473-5012
SUMMARY: BKAT will provide services to the Kitsap Public Health District in the form of recording
and airing their board meetings and programming.
ATTACHMENTS: Service Agreement
FISCAL IMPACTS (Include Budgeted Amount): Generates $5040.00 in Revenue.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Bremerton Kitsap Access Television Service Agreement with the Kitsap Public
Health District; 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
A2
Page 1 of 3
BREMERTON KITSAP ACCESS TELEVISION
SERVICE CONTRACT
This Bremerton Kitsap Access Television Service Contract (“Agreement”) is made and executed
by and between the City of Bremerton (“Bremerton”), which operates Bremerton Kitsap Access
Television (“BKAT”), and Kitsap Public Health District hereinafter referred to individually as
KPHD Bremerton and KPHD hereby agree as follows:
Section 1. Scope of Services. Bremerton, through BKAT, shall provide governmental access
television services, including but not limited to video production and program scheduling related
to the KPHD commitments as outlined in this Agreement. BKAT will post the KPHD Board
meeting agendas on the BKAT reader board. BKAT shall provide consultation, pre-production
and post-production services, and properly trained staff. BKAT’s specified numbers of service
commitments covered by this Agreement are set forth in the following “BKAT Service
Commitments to KPHD” table:
BKAT Service Commitments to KPHD
Description Location Schedule Number per Year
Kitsap Public Health
Department Board
meetings
Norm Dicks
Government
Center
First Tuesday of
the month
11
Extra Board Meeting,
Public Hearing, and/or
Special Meeting
Norm Dicks
Government
Center
As Requested
1
Total 12
All meeting hours include portal to portal charges. KPHD shall retain control over program
content and designate one person to authorize and schedule programs produced under this
Agreement. BKAT shall provide production and playback of regularly-scheduled Board
Meetings and provide a video on demand link.
BKAT will work with KPHD to establish regular, consistent playback times for programs
produced under this Agreement. Once scheduled, program times shall not be moved, altered, or
deleted without the consent of KPHD.
Section 2. Payment Obligations. In consideration of the services provided pursuant to this
Agreement, KPHD shall pay Bremerton an annual amount of $5,040.00. Effective on January 1,
2021 and each year thereafter, the amount will be adjusted by the June to June Seattle-Tacoma-
Bremerton Consumer Price Index-Urban. In no instance shall the recalculated fee drop below
$5040.00. Services rendered beyond the scope of this Agreement, as set forth in Section 1, shall
be billed in addition to the annual amount at the rates established and published by BKAT.
Page 2 of 3
KPHD shall make funds available to Bremerton as follows:
On a monthly basis, and no later than the last claims batch of each month, KPHD shall
pay Bremerton 1/12 of the current annual amount as specified herein. If Bremerton
provides additional services to KPHD beyond those listed in the Scope of Services in
Section 1, a separate invoice will be provided.
Section 3. Term. This Agreement shall be for a period of three (3) years commencing January 1,
2021, and terminating December 31, 2024.
Section 4. Termination. Either party to this Agreement may terminate the Agreement without
cause upon giving ninety (90) days written notice to the other party.
Section 5. Severability. Should any part of the Agreement be found invalid, the balance of the
Agreement shall remain in full force and effect.
Section 6. Indemnify and Hold Harmless. The Parties shall each indemnify, defend, and hold
the other harmless from and against any and all claims, suits, actions, causes of action, losses,
damage, or liabilities arising or resulting from any alleged negligent or intentional acts or
omissions arising out of the performance or non-performance of their respective responsibilities
as set out in this Agreement. In the event of litigation to enforce any of the terms or provisions of
the Agreement herein, each party shall pay its own costs and attorney’s fees.
Section 7. Notices. All notices and other communications to be given by either party may be
given in writing to the appropriate party as follows:
Public Access Manager Administrator
BKAT Kitsap Public Health District
(Bremerton Kitsap Access Television) 345 6th St Ste 300
7266 Tibardis Rd NW Bremerton, WA 98337
Bremerton, WA 98311
Section 8. Compliance with Laws. The Parties shall comply with all applicable federal, state,
and local laws in performing their obligations under this Agreement.
Section 9. 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 the Kitsap County Superior Court.
Section 10. Assignment. Any assignment of any portion of this Agreement shall not be made
without the written consent of both Parties.
Section 11. Waiver. Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right of power arising out of this Agreement shall not be
deemed waiver of any other right or power.
Page 3 of 3
IN WITNESS WHEREOF, the parties have executed this Agreement as of the later of the
signature dates included below.
CITY OF BREMERTON KITSAP PUBLIC HEALTH
DISTRICT
____________________________ ____________________________
Greg Wheeler, Mayor Keith Grellner, Administrator
APPROVED AS TO FORM ____________________________
Date
____________________________
Roger A. Lubovich, City Attorney
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Accept Federal Highway
Administration (FHWA) Transportation
Grant; and Approve Local Agency
Agreement for the 6th Street Preservation
Phase III Project
Study Session Date: March 24, 2021
COUNCIL MEETING Date: April 7, 2021
Department: Engineering
Presenter: Chris Dimmitt
Phone: (360) 473-2307
SUMMARY: The City has been offered a Federal Highway Administration (FHWA) transportation
grant through the Puget Sound Regional Council (PSRC) to construct a grind and overlay of 6th
Street between Naval Avenue and Warren Ave. The project includes a new traffic signal and ADA
accessible ramps at the intersection of 6th Street and Veneta Avenue. The grant funds total
$1,772,838 and require a City match of $397,162 for a total of $2,170,000. The offered grant will be
in WSDOT Standard Forms, with their standard terms and conditions. Additional project work that is
not grant funded includes securing right-of-way at the intersection of Veneta Avenue and 6th Street
for the traffic signal. In addition, revised channelization of the corridor will be evaluated prior to
design and all resulting work outside of the project limits is not included in the current project
estimate.
ATTACHMENTS: 1) Award letter from PSRC 2) Vicinity Map, 3) Local Agency Agreement (blank)
FISCAL IMPACTS (Include Budgeted Amount): Total project cost is estimated at $2,210,000.
Current match is estimated at $437,162. Match source is projected as REET and is included in the
2021-2025 REET projection.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to accept the FHWA Grant and approve the Local Agency Agreement with WSDOT for the 6th
Street Preservation Phase III 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
A3
Page 1
Revised 12/2020
Local Agency Agreement
Agency CFDA No. 20.205
(Catalog or Federal Domestic Assistance)
Address Project No.
Agreement No.
For OSC WSDOT Use Only
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code
Highways, (2) the regulations issued pursuant thereto, (3) 2 CFR Part 200, (4) 2 CFR Part 180 – certifying that the local agency is not
excluded from receiving Federal funds by a Federal suspension or debarment, (5) the policies and procedures promulgated by the
Washington State Department of Transportation, and (6) the federal aid project agreement entered into between the State and Federal
Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to
proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount
shown herein on line r, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration.
All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
Project Description
Name Length
Termini
Description of Work
Project Agreement End Date Claiming Indirect Cost Rate
Yes NoProposed Advertisement Date
Type of Work
Estimate of Funding(1)
Estimated Total
Project Funds
(2)
Estimated Agency
Funds
(3)
Estimated Federal
FundsPE
%a. Agency
b. OtherFederal Aid
Participation
Ratio for PE
c. Other
d. State
e. Total PE Cost Estimate (a+b+c+d)Right of Way
%f. Agency
g. OtherFederal Aid
Participation
Ratio for RW
h. Other
i. State
j. Total R/W Cost Estimate (f+g+h+i)Construction
%k. Contract
l. Other
m. OtherFederal Aid
Participation
Ratio for CN
n. Other
o. Agency
p. State
q. Total CN Cost Estimate (k+l+m+n+o+p)
r. Total Project Cost Estimate (e+j+q)
DOT Form 140-039
Washington State
Department of Transportation
By Director, Local Program
Agency Official
By
Title Date Executed
0 0 0
0 0 0
0 0 0
0 0 0
DOT Form 140-039 Page 2
Revised 12/2020
Construction Method of Financing (Check Method Selected)
State Ad and Award
Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
Method B - Withhold from gas tax the Agency’s share of total construction coast (line 5, column 2) in the amount of
$ at $ per month for months.
Local Force or Local Ad and Award
Method C - Agency cost incurred with partial reimbursement
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and
as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions
set forth below. Adopted by official action on
, , Resolution/Ordinance No.
Provisions
I. Scope of Work
The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set
forth in detail in the “Project Description” and “Type of Work.”
When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the
services described and indicated in “Type of Work” on the face of this agreement, in accordance with plans and specifications as
proposed by the Agency and approved by the State and the Federal Highway Administration.
When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform
the work subject to the ordinary procedures of the State and Federal Highway Administration.
II. Delegation of Authority
The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees
that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents
required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the
State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and
awards the project, the State shall review the work to ensure conformity with the approved plans and specifications.
III. Project Administration
Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the
Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On
Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance
with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries
and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by
employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project.
IV. Availability of Records
All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance
with local government accounting procedures prescribed by the Washington State Auditor’s Office, the U.S. Department of
Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and
Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than
three years from the final payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or
Federal Government upon request.
V. Compliance with Provisions
The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing
by the State for each classification. The classifications of work for projects are:
1. Preliminary engineering.
2. Right of way acquisition.
3. Project construction.
Once written authorization is given, the Agency agrees to show continuous progress through monthly billings. Failure to show
continuous progress may result the Agency’s project becoming inactive, as described in 23 CFR 630, and subject to de-obligation of
federal aid funds and/or agreement closure.
If right of way acquisition, or actual construction of the road for which preliminary engineering is undertaken is not started by the
close of the tenth fiscal year following the fiscal year in which preliminary engineering phase was authorized, the Agency will repay to
the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section IX).
If actual construction of the road for which right of way has been purchased is not started by the close of the tenth fiscal year
following the fiscal year in which the right of way phase was authorized, the Agency will repay to the State the sum or sums of federal
funds paid to the Agency under the terms of this agreement (see Section IX).
DOT Form 140-039 Page 3
Revised 12/2020
The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this
project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways,
even though such additional work is financed without federal aid participation.
The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated
damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete
the contract within the contract time.
VI.Payment and Partial Reimbursement
The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency
and by the Federal Government. Federal funding shall be in accordance with the Federal Transportation Act, as amended, 2 CFR Part
200. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all
costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as
a promise by the State as to the amount or nature of federal participation in this project.
The Agency shall bill the state for federal aid project costs incurred in conformity with applicable federal and state laws. The agency
shall minimize the time elapsed between receipt of federal aid funds and subsequent payment of incurred costs. Expenditures by the
Local Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation
unless a current indirect cost plan has been prepared in accordance with the regulations outlined in 2 CFR Part 200 - Uniform Admin
Requirements, Cost Principles and Audit Requirements for Federal Awards, and retained for audit.
The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for
reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to
this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see
Section IX).
1. Project Construction Costs
Project construction financing will be accomplished by one of the three methods as indicated in this agreement.
Method A – The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the
amount of the Agency’s share of the total construction cost based on the contract award. The State will notify the Agency of the exact
amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings
from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation
share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will
present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by
either a payment from the Agency to the State or by a refund from the State to the Agency.
Method B – The Agency’s share of the total construction cost as shown on the face of this agreement shall be withheld from its
monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact
amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award.
Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its
participating portion of such billings.
Method C – The Agency may submit vouchers to the State in the format prescribed by the State, in duplicate, not more than once
per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable
to this project. Expenditures by the Local Agency for maintenance, general administration, supervision, and other overhead shall not be
eligible for Federal participation unless claimed under a previously approved indirect cost plan.
The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this
agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the
Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the
State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section IX).
VII. Audit of Federal Consultant Contracts
The Agency, if services of a consultant are required, shall be responsible for audit of the consultant’s records to determine eligible
federal aid costs on the project. The report of said audit shall be in the Agency’s files and made available to the State and the Federal
Government.
An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing
standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Manual
M 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and
FHWA; and 2 CFR Part 200.501 - Audit Requirements.
If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall
reimburse the State for the amount of such overpayment or excess participation (see Section IX).
VIII.Single Audit Act
The Agency, as a subrecipient of federal funds, shall adhere to the federal regulations outlined in 2 CFR Part 200.501 as well as all
applicable federal and state statutes and regulations. A subrecipient who expends $750,000 or more in federal awards from all sources
during a given fiscal year shall have a single or program-specific audit performed for that year in accordance with the provisions of 2
CFR Part 200.501. Upon conclusion of the audit, the Agency shall be responsible for ensuring that a copy of the report is transmitted
promptly to the State.
DOT Form 140-039 Page 4
Revised 12/2020
IX. Payment of Billing
The Agency agrees that if payment or arrangement for payment of any of the State’s billing relative to the project (e.g., State force
work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after
the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to
the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless
otherwise directed by the Director, Local Programs.
Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).
Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior
to the Project Agreement End Date must be submitted for reimbursement within 60 days after the Project Agreement End Date or they
become ineligible for federal reimbursement.
X. Traffic Control, Signing, Marking, and Roadway Maintenance
The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project
without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,
signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency
will, at its own expense, maintain the improvement covered by this agreement.
XI. Indemnity
The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense
all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the
Agency’s execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract
connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED,
nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to
persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
XII. Nondiscrimination Provision
No liability shall attach to the State or Federal Government except as expressly provided herein.
The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-
assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency
shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts and agreements. The WSDOT’s DBE program, as required by 49 CFR Part 26 and as approved by USDOT,
is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the
Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under
18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.).
The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification
thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with
funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,
the required contract provisions for Federal-Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local
Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government
which does not participate in work on or under the contract.
The Agency also agrees:
(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal
opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.
(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
State in the discharge of its primary responsibility for securing compliance.
(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with
a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction
contracts pursuant to the Executive Order.
(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors
and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part II, subpart D of the
Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the
following actions:
(a) Cancel, terminate, or suspend this agreement in whole or in part;
(b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from the Agency; and
(c) Refer the case to the Department of Justice for appropriate legal proceedings.
DOT Form 140-039 Page 5
Revised 12/2020
XIII. Liquidated Damages
The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to
the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within
the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
accordance with this paragraph.
XIV. Termination for Public Convenience
The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in
part, whenever:
(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with
respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of
the State with respect to the preservation of energy resources.
(3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining
order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
persons or agencies other than the contractor.
(4) The Secretary is notified by the Federal Highway Administration that the project is inactive.
(5) The Secretary determines that such termination is in the best interests of the State.
XV. Venue for Claims and/or Causes of Action
For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency
has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the
Superior Court for Thurston County.
XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
The approving authority certifies, to the best of his or her knowledge and belief, that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit the Standard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at
all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which
exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each such failure.
XVII. Assurances
Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency
Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
Section 504 and the Americans with Disabilities Act (ADA).
Additional Provisions
Instructions
1.Agency Name and Billing Address – Enter the Agency of primary interest which will
become a party to the agreement.
2.Project Number – Leave blank. This number will be assigned by WSDOT.
3.Agreement Number – Leave blank. This number will be assigned by WSDOT.
4.
a.Project Description – Enter the project name, total length of the project (in miles),
and a brief description of the termini. Data entered here must be consistent with the
name, length, and termini noted in the STIP and Project Prospectus
Example: (Name) “Regal Road”, (Length) “1.2 miles”, (Termini) “Smith Road to
Main Street”
b.Description of Work – Enter a concise statement of the major items of work to be
performed. Statement must be consistent with the description of work noted in the
STIP and Project Prospectus.
Example: “Overlay Regal Road; install curb, gutter, and sidewalk; illumination; and
traffic signal at the intersection of Regal Road and Dakota Avenue.”
c.Project Agreement End Date – Enter your Project Agreement End Date. This date
is based on your projects Period of Performance (2 CFR 200.309).
For Planning Only projects – WSDOT recommends agencies estimate the end of the
project’s period of performance and add three years to determine the “Project
Agreement End Date”.
For PE and RW – WSDOT recommends agencies estimate when the phase will be
completed and add three years to determine the “Project Agreement End Date”.
For Construction – WSDOT recommends agencies estimate when construction will
be completed and add three years to determine the “Project Agreement End Date”.
d.Proposed Advertisement Date – At construction authorization only, enter the
proposed project advertisement date.
e.Claiming Indirect Cost Rate – Check the Yes box if the agency will be claiming
indirect costs on the project. For those projects claiming indirect costs, supporting
documentation that clearly shows the indirect cost rate being utilized must be
provided with the local agency agreement. Indirect cost rate approval by your
cognizant agency or through your agency’s self-certification and supporting
documentation is required to be available for review by FHWA, WSDOT and /or
State Auditor. Check the No box if the agency will not be claiming indirect costs on
the project. See section 23.5 for additional guidance.
5.Type of Work and Funding (Round all dollar amounts to the nearest whole dollar)
a.PE – Lines a through d show Preliminary Engineering costs for the project by type
of work (e.g., consultant, agency, state services, etc.).
*Federal aid participation ratio for PE – enter ratio for PE lines with amounts in
column 3.
Line a – Enter the estimated amount of agency work in columns 1 through 3.
Line b & c – Identify user, consultant, etc., and enter the estimated amounts
in columns 1 through 3.
Line d – State Services. Every project must have funding for state services.
Enter the estimated amounts in columns 1 through 3.
Line e – Total of lines a + b + c + d.
b.Right of Way – If a Right of Way phase is authorized on the project, the appropriate
costs are shown in lines f through i.
*Federal aid participation ratio for RW – enter ratio for RW lines with amounts in
column 3.
Line f – Enter the estimated amount of agency work in columns 1 through 3.
Line g & h – Identify user, consultant, etc., and enter the estimated amounts
in columns 1 through 3.
Line i – State Services. Every project must have funding for state services.
Enter the estimated amounts in columns 1 through 3.
Line j – Total of lines f + g + h + i.
c.Construction – Lines k through p show construction costs for the project by type of
work (e.g., contract, consultant, agency, state services, etc.).
*Federal aid participation ratio for CN – enter ratio for CN lines with amounts in
column 3.
Line k – Enter the estimated cost of the contract.
Lines l, m, & n – Enter other estimated costs such as utility and construction
contracts or non‑federally matched contract costs.
Line o – Enter estimated costs of all construction related agency work.
Line p – State Services. Every project must have funding for state services.
Enter the estimated amounts in columns 1 through 3.
Line q – Total Construction Cost Estimate. Total of lines k + l + m + n + o +
p.
d.Total Project Cost Estimate
Line r – Total Cost Estimate of the Project. Total of lines e + j + q.
*Please remember, if the federal aid participation rate entered is not the maximum
rate allowed by FHWA, then the participation rate entered becomes the maximum
rate allowed.
6.Signatures – An authorized official of the local agency signs the agreement, and writes in
their title. Note: Do NOT enter a date on the Date Executed line.
7.Method of Construction Financing – Choose the method of financing for the construction
portion of the project.
a.Method “A” is used when the state administers the contract for the agency.
b.Method “B” is also used when the state administers the contract for the agency.
c.Method “C” is used with projects administered by the local agency. The agency will
submit billings monthly through the state to FHWA for all eligible costs. The
billings must document the payment requests from the contractor. If state-force
work, such as audit and construction engineering, is to receive federal participation,
it will be billed to the agency and FHWA simultaneously at the indicated ratio. To
show continuous progress agencies should bill monthly until agreement is closed.
8.Resolutions/Ordinances – When someone other than the County Executive/Chairman,
County Commissioners/Mayor is authorized to sign the agreement, the agency must submit
to WSDOT with the agreement a copy of the Resolution/Ordinance designating that
individual.
9.Parties to the Agreement – Submit one originally signed agreement form to the Region
Local Programs Engineer. It is the responsibility of the local agency to submit an additional,
originally signed agreement form if they need an executed agreement for their files. The
agreement is first executed by the agency official(s) authorized to enter into the agreement.
It is then transmitted to the state for execution by Local Programs. The agreement is dated at
the time of final execution by Local Programs.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: 3/24/2021
Sole Source Public Works Agreement with
Seton Construction, Inc. for the 2nd Street
Stormwater Treatment Project
COUNCIL MEETING Date: 4/7/2021
Department: PW & U
Presenter: K. Ketterer
Phone: (360) 473-5334
SUMMARY: The 2nd Street Stormwater Treatment Project will install a stormwater treatment unit
called a continuous defection unit into the existing storm system just upstream of an outfall into
Sinclair Inlet. The outfall at 2nd Street, adjacent to the Bremerton Marina and Boardwalk, serves a
16-acre drainage basin that includes a large portion of Bremerton’s downtown. The unit will filter out
debris and some oils preventing those contaminants from reaching Sinclair Inlet. This environmental
stewardship project meets goals of our stormwater permit and is strongly supported by the
Suquamish Tribe.
Due to the location of project site and on-going construction at the Marina Square Project the Public
Works Director authorized a sole source procurement method for the construction of the project.
Additional details regarding the justification of the sole source procurement are attached. Staff
negotiated a lump sum cost for the project at $97,153.00.
ATTACHMENTS: 1) Public Works Agreement 2) Sole Source
FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2021 Stormwater
Capital Fund; the total project budget is $150,000.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to award the sole source public works agreement in the amount of $97,153.00 to Seton
Construction for the construction of the 2nd Street Stormwater Treatment 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
A4
PUBLIC WORKS AGREEMENT – Page 1 of 10
(between City of Bremerton and Seton Construction Inc.)
PUBLIC WORKS AGREEMENT
THIS AGREEMENT is entered into between the City of Bremerton, a Washington
Municipal Corporation (“City”), and Seton Construction Inc. (“Contractor”), whose mailing
address is 4640 S Discovery Rd, Port Townsend, WA 98368.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City:
Installation of stormwater treatment unit on 2nd Street east of Washington Blvd, including
excavation, construction, TESC, backfill, traffic control, restoration, and testing as described in
the project plans and specifications.
2. TIME OF COMPLETION. Contractor shall complete the work within 30
calendar 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 $
97,153.00. Applicable Washington State Retail Sales Tax on this contract shall be governed by
WAC 458-20-171 and its related rules for the work 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. Pursuant to Chapter 39.08 RCW, the Contractor shall
provide the City a performance 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
PUBLIC WORKS AGREEMENT – Page 2 of 10
(between City of Bremerton and Seton Construction Inc.)
of the work, the City may complete the work by contract or otherwise, and
Contractor shall be liable to the City for any additional costs incurred by
the City. “Additional costs” shall mean all reasonable costs, including
legal costs and attorney fees, incurred by the City beyond the maximum
Contract price specified above. The City further reserves its right to
deduct the cost to complete the Contract work, including any Additional
Costs, from any and all amounts due or to become due the Contractor.
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 payroll
deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor
shall also secure all applicable business licenses, if required, in connection with the contract
services, including all required licenses for Contractor's officers, agents, employees and sub-
contractors.
5. TERMINATION. The City may terminate this agreement for good cause.
“Good cause” shall include, without limitation, any one or more of the following events:
A. The Contractor’s refusal or failure to supply a sufficient number of
properly skilled workers or proper materials for completion of the
Contract work.
B. The Contractor’s failure to complete the work within the time specified in
this agreement.
C. The Contractor’s failure to make full and prompt payment to sub-
contractors or for material or labor.
D. The Contractor’s persistent disregard of federal, state or local laws, rules
or regulations.
E. The Contractor’s filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
PUBLIC WORKS AGREEMENT – Page 3 of 10
(between City of Bremerton and Seton Construction Inc.)
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. The latest prevailing wage rate revision issued by the Department of Labor and
Industries is attached.
7. CHANGES. The City may issue a written work change directive for any change
in the Contract work during the performance of this agreement. If the Contractor determines, for
any reason, that a change order is necessary, Contractor must submit a written change order
request to the City’s project manager within two (2) business days of the date the Contractor
knew or should have known of the facts and events giving rise to the requested change. If the
City determines that the change increases or decreases the Contractor’s costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to
reach agreement with the Contractor on all equitable adjustments. However, if the parties are
unable to agree, the City will determine the equitable adjustment as it deem s 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.
PUBLIC WORKS AGREEMENT – Page 4 of 10
(between City of Bremerton and Seton Construction Inc.)
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.
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 Cit y within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts giving rise to the claim. At a
minimum, a Contractor’s written claim must include the information set forth regarding protests
in Section 7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
PUBLIC WORKS AGREEMENT – Page 5 of 10
(between City of Bremerton and Seton Construction Inc.)
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
may complete the corrections and the Contractor shall pay all costs incurre d 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
PUBLIC WORKS AGREEMENT – Page 6 of 10
(between City of Bremerton and Seton Construction Inc.)
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
B. 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 Ma nagement, 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 Contractor, its subcontractors, or any person
acting on behalf of Contractor shall not discriminate in any employment practice on the basis of
age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital
status, military status, or the presence of any physical, mental or sensory disability.
PUBLIC WORKS AGREEMENT – Page 7 of 10
(between City of Bremerton and Seton Construction Inc.)
B. ADA Statement. The City of Bremerton does not discriminate on the
basis of disability in programs and activities, which it operates pursuant to the requirements of
the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to
both employment and admission to participation in the programs, services and activities of the
City of Bremerton. Reasonable accommodation for employees or applicants for employment
will be provided.
C. Compliance with Laws. Contractor shall comply with all federal, state
and local laws, rules and regulations throughout every aspect in the performance of this
agreement.
D. Work Performed at Contractor’s Risk. Contractor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this agreement. All work shall be done at Contractor’s own
risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
E. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full force and effect
F. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
G. Attorney’s Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the parties’ performance of this agreement, each
party shall be responsible for payment of its own legal costs and attorney’s fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the
City’s right to indemnification under Section 10 of this agreement.
H. Written Notice. All communications regarding this agreement shall be
sent to the parties at the addresses listed on the signature page of this agreement, unless
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.
I. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
J. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
PUBLIC WORKS AGREEMENT – Page 8 of 10
(between City of Bremerton and Seton Construction Inc.)
K. Severability. If any one or more sections, sub-sections, or sentences of
this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
of the remaining portion of this agreement and the remainder shall remain in full force and
effect.
L. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any representative
of the City, and those statements shall not be construed as forming a part of or altering in any
manner this agreement. This agreement and any attached Exhibits contain the entire agreement
between the parties. Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall prevail.
J. 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 Public Works Agreement
2. Public Works Agreement
3. Plans
4. 2020 WSDOT Standard Specifications
5. City of Bremerton Standard Plans
N. Documents Incorporated by Reference. The following documents are
incorporated by reference, including but not limited to:
1. Plans
2. 2020 WSDOT Standard Specifications
3. City of Bremerton Standard Plans
4. Non-Collusion Affidavit.
IN WITNESS WHEREOF, the parties below have executed this agreement.
CONTRACTOR THE CITY OF BREMERTON
Print Name: Print Name:
Title: Title:
DATE DATE
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
345 6th Street, Suite 100
Bremerton, WA 98337
(360)
(360) (facsimile)
PUBLIC WORKS AGREEMENT – Page 9 of 10
(between City of Bremerton and Seton Construction Inc.)
APPROVED AS TO FORM:
Roger A. Lubovich
Bremerton City Attorney
ATTEST:
Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement (short form) Rev. 06 2020.DOC
PREVAILING WAGES
Public Works and Utilities Department
100 Oyster Bay Ave. N. · Bremerton, WA 98312 · (360) 473-5920 · FAX (360) 473-5360
Page 1 Seton Construction Inc. March 15, 2021
DATE: March 15, 2021
TO: Procurement File
FROM: Katie Ketterer
SUBJECT: Sole Source Determination
In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of
this memorandum is to document the necessity of sole source procurement methodology for the
2nd Street Stormwater Treatment Project.
Reasoning (check all supporting options below):
☐ Compatibility to existing City standard or to existing equipment, inventory, systems, data,
programs or service. (Attach the business case for the standard and attach a copy of the standard
if it is written).
☐ Licensed or patented product with only one dealer. (Include a vendor signed
statement/Affidavit explaining why this particular licensed or patented product is the only one
suitable for your purpose)
☐ Authorized service provider, repair and/or warranty services. The City requires service or
repair support for products or equipment owned by the City, and the vendor is either a factory
authorized warranty service provider or that particular vendor is required for warranty services
according to the conditions of a current City contract. (Include a vendor signed
statement/Affidavit explaining and certifying to the relationship between the vendor and
service provider).
☐ Unique design: Requires unique features that are essential aesthetic requirements, or not
practical to match to existing design or equipment, such as artwork. Describe.
☐ Special bargain: This might include a surplus item, an auction sale, used equipment, returned
“open box” purchase, or other similar one-time bargains. Describe.
☐ Delivery date: Only one supplier can meet required delivery date. Explain why this delivery
date is essential. This can only be used in limited circumstances, for delivery deadlines that are
the result of an unanticipated situation, and not a circumstance that could have been reasonably
anticipated or averted by advance City planning.
Public Works and Utilities Department
100 Oyster Bay Ave. N. · Bremerton, WA 98312 · (360) 473-5920 · FAX (360) 473-5360
Page 2 Seton Construction Inc. March 15, 2021
☐ Project or research continuity: Product, systems, services or data must comply with an ongoing
project, research, data, testing or analysis without a compromise in the integrity of the project.
Also, this should be a situation that cannot be replicated by another company because there is a
legal or physical obstruction to disclosing the project information to allow another company the
opportunity to replicate. Examples include situations where a company has legal and/or
proprietary rights to customization such as software code, or to data; or testing or data is collected
through a unique measuring instrument that cannot be accurately duplicated and offered by
another vendor.
☐ Requirement by funding source: Lender, grantor (such as federal government) or other
provider of funds requires the specific product, service or system. Attach a copy of the document
that clearly shows such a requirement is imposed by the funding source.
☐ Legal monopoly: Only one supplier, such as electricity, water, or sewage.
☐ Trial and evaluation projects: A limited duration, limited scope pilot, trial or evaluation of a
product, range of products or services. A trial or evaluation project would typically be part of
establishing a standard for a City department, or to pilot a particular product or services for a City
need. Describe the pilot, specify the scope of the pilot, and attach information to confirm that the
pilot is part of a purposeful department pilot initiative.
☒ Other: Describe why this is the only company that can provide the sole source product or
service. Provide the support document that explains why a particular product, manufacturer, or
service is necessary and provide support for why the company you requested is the only available
company.
The construction procurement method for the 2nd Street Stormwater Treatment Project
was direct negotiation with a contractor. This procurement method is allowable under
RCW 35.22.625, and under BMC 2.76.090 and was approved by the Department Director.
RCW 35.22.625 exempts water pollution control facilities from competitive bidding
requirements. The RCW was reviewed by the City’s Legal Department for concurrence
with this interpretation of the provision.
https://apps.leg.wa.gov/rcw/default.aspx?cite=35.22.625
BMC 2.76.090 provides execptions to the City’s bid requirements. The project site on 2nd
Street, adjacent to the Marina Square development, presents numerous challenges to
obtaining a competitive bid. It is urban, has no lay down yard, and no staging area making
it costly for a contractor to conduct work and complete the project. Additionally, the Marina
Square construction has further limited access to 2nd Street, and is maintaining a special
stormwater collection system that will impact the project work. Seton Construction is
currently working on the Marina Square development as a utility subcontractor to general
contractor Compass Construction. They have site control, the ability to use laydown
Public Works and Utilities Department
100 Oyster Bay Ave. N. · Bremerton, WA 98312 · (360) 473-5920 · FAX (360) 473-5360
Page 3 Seton Construction Inc. March 15, 2021
storage on the Marina Square site, and access to the stormwater collection system. That
makes construction efficient and more cost effective for Seton to mobilize for the project
and provides opportunity to and leverage the materials and manpower already on site. It
also disadvantages other contractors who might bid on the project because they would
need to work with/around Compass’ site and schedule. Therefore, the Public Works
Director authorized direct negotiation with Seton.
Cost/Quote support:
$97,153.00 Our staff believes this is a fair and reasonable price.
Therefore, it is my determination that it is in the City’s best interests to purchase the 2nd Street
Stormwater Treatment project through direct negotiation, pursuant to BMC 2.76.090 and
2.76.010, and that sole source purchase of this public works project is justified for this
procurement.
Recommended by:
________________________________
Katie Ketterer, Administrative Project Manager
Approved by:
________________________________
Tom Knuckey, PW & U Director
Thomas Knuckey Digitally signed by Thomas
Knuckey
Date: 2021.03.15 11:32:48 -07'00'
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: March 24, 2021
Sole Source Professional Services
Agreement with Stantec Consulting
Services, Inc. for the McDougal
Creek/Wheaton Way Culvert Repair Permit
Support
COUNCIL MEETING Date: April 7, 2021
Department: Engineering
Presenter: Gunnar Fridriksson
Phone: (360) 473-5758
SUMMARY:
McDougal Creek has been classified as a Type F (potential fish habitat) stream by the Washington
Department of Fish and Wildlife (WDFW) with the culvert listed as a known obstruction to fish
passage. The culvert is required to be replaced with a structure that is fish passable, unless the City
can demonstrate a lack of habitat in the downstream section, infeasibility of a restoration, and the
difficulties associated with a restoration due to the canyon walls and native materials here.
Stantec Consulting Services, Inc. (Stantec) previously assisted the City with an upstream habitat
assessment of McDougal Creek and comparison to Anderson Creek in 2018. The City wishes to
expand on the 2018 report and provide the additional documentation required by WDFW to allow a
long-term repair of the existing culvert and not require the downstream restoration and replacement
of the culvert at this time. The contract amount is $94,999.22.
ATTACHMENTS:
1. Professional Services Agreement with Exhibit A, B, C and D
2. Memo on Design Consultant Selection
3. Site Plan
FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2021 Stormwater
Capital Budget.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement with Stantec Consulting Services, Inc. for
McDougal Creek/Wheaton Way Culvert Repair Permit Support Plan in the amount of $94,999.22 and
authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A5
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support
March 2021
PROFESSIONAL SERVICES AGREEMENT
McDougal Creek/Wheaton Way Culvert Repair Permit Support
The City of Bremerton (“City”) and Stantec Consulting Services, Inc (“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 March 3, 2021, 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 $94,999.22. 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.
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support
March 2021
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
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support
March 2021
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.
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support
March 2021
The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof
of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence
of coverage.
In the event that the Consultant employs other consultants or contractors (sub-consultants
or sub-contractors) as part of the work covered by this Agreement, it shall be the Consultant’s
responsibility to require and confirm that each sub-consultant or sub-contractor meets the
minimum insurance requirements specified above. The Consultant shall, upon demand of the City,
deliver to the City copies of such policy or policies of insurance and the receipts for payment of
premiums thereon.
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 Bellevue, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support
March 2021
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 Bellevue, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
G. 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: Gunnar Fridriksson Attn: Dan Eggers
City of Bremerton Stantec
345 6th Street, Suite 100 1687 114th Avenue SE Suite 100
Bremerton, WA 98337-1891 Bellevue WA 98004-6964
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.
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support
March 2021
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.
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support
March 2021
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 STANTEC CONSULTING SERVICES, INC.
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
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support
March 2021
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support Rev 02-22
Page 1 of 8
Exhibit A - SCOPE OF WORK McDougal Creek/Wheaton
Way Culvert Repair Permit Support
The City of Bremerton (City) has a failing stormwater culvert on McDougal Creek which runs
under Lower Wheaton Way at Schley Canyon, a designated fish stream. Stantec Consulting
Services, Inc. (Stantec) previously assisted the City with an upstream habitat assessment of
McDougal Creek and comparison to Anderson Creek in 2018. The City wishes to update and
build on this previous work to better understand the effectiveness of making this stream reach
fish passable with the culvert repairs. This additional work includes:
• Understanding the stability of the existing roadway and embankment
• Understanding the quality of the existing fish habitat downstream from the culvert
crossing
• The feasibility of restoring the downstream channel to promote fish passage to the
culvert location.
• Utilizing this feasibility in determining the best repair options for the culvert
• The capacity of the culvert post-repair and its impacts on water surface elevations
Representatives from Stantec, City, Washington Department of Fish and Wildlife (WDFW), and
Shannon And Wilson met on site January 14, 2021 to review the site, discuss the project,
research multiple options and coordinate the scope of work development with city staff.
The goal of this work effort is to revise the 2018 report to provide additional planning level
information to the City that evaluates the fish habitat of McDougal Creek and to assess the
hydraulics of a repaired culvert condition.
Task 1 – Project Management
Project management tasks will include work planning, meetings and communicating with
the City and Stantec’s subconsultant, Shannon and Wilson, and project QA/QC process.
This task also includes routine correspondence, billing, and incidental costs unassociated
with other tasks.
Assumptions
1. Stantec’s Sub Consultant mark-up of 10% is covered under this task to account for
Stantec-Sub Consultant communications, coordination of work, invoicing, and QA/QC
procedures.
Deliverables
1. Monthly Invoices
2. Meeting minutes for meetings or conference calls where minutes are deemed necessary,
jointly, by the City and Stantec.
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support Rev 02-22
Page 2 of 8
Cost – Time and Materials not to exceed $8,332
Task 2 – Field Assessment and Data Collection
Stantec will complete a habitat assessment of the stream segment downstream of the
Wheaton Way culvert at McDougal Creek in Schley Canyon. Habitat assessment
methodology will be the same for the entire reach and will match the methodology
previously used for portions of Anderson and McDougal Creeks by Stantec staff in the
“Comparative Habitat Assessments of Anderson and McDougal Creeks” (Stantec 2018).
The habitat assessment will utilize established regional protocols to collect basic
measurements of stream habitat structure and conditions with the three stream segments.
Initial desktop analysis of the stream segments will be conducted to establish preliminary
stream reaches, based on topography and stream features. An inventory of stream habitat
types (riffle, pool, side channels, cascades, etc.) will quantified within each of the three
stream segments, along with bankfull widths, quantities of Large Wood Debris (LWD),
streamflow measurements for discharge estimation, and Wolman pebble counts to estimate
substrate compositions. Field efforts will be photographed and geo-referenced, data
recorded (digitally if possible), and information obtained added to a GIS map depicting
location, observations, and associated relevant information.
Stantec will update the previously generated habitat assessment report (Stantec 2018) to
include the assessment of the reach of McDougal Creek through Schley Canyon,
downstream of Wheaton Way.
Assumptions
2. City will obtain any required permissions for land access to avoid trespassing.
3. Stantec biologists will conduct stream assessments over a two-day period.
4. GIS documents and technical memorandum will be delivered electronically for review,
and hardcopy
Deliverables
3. GIS Map with overlays as described above
4. Update of 2018 Stantec Habitat Assessment Report presenting the field effort and data
collected
Exclusions
1. Professional land survey – this effort is for planning purposes only and not to generate
construction drawings for culvert repair. Professional land survey may be necessary at a
later phase of the project.
Schedule – task will be completed within 45 calendar days of receipt of notice to proceed and
associated City documents (and electronic files).
Cost— Time and Materials not to exceed $9,123
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support Rev 02-22
Page 3 of 8
Task 3 – Hydraulic Analysis of Existing and Repaired Culvert Condition
Stantec will analyze the hydraulics of the existing culvert and one (1) repaired culvert
condition. The repair will consist of a slip-lining the existing culvert in the same location as
the existing culvert. The diameter of the slip-lined repair is assumed to be approximately 30
inches, however, the diameter of the slip-lined repair will be determined during the final design
process for the slip-lining.
This evaluation will consist of the following work elements:
Task 3.1 - Hydrologic Analysis: Peak flows will be computed for flows ranging from the
50 to 0.2 percent annual chance exceedance events. The analysis will build upon previous
hydrologic analyses performed by or for the City. The analysis will be refined by
incorporating the effects of stormwater infrastructure on drainage basin area draining to
the location of the culvert crossing.
Task 3.2 - Hydraulic Analysis: Culvert hydraulics will be computed using a steady-state,
one-dimensional, HEC-RAS model of the culvert and McDougal Creek in the vicinity of
the crossing. Peak flows developed in Task 3.1 will be simulated in the hydraulics model.
Assumptions
1. The City will provide stormwater infrastructure features as a GIS layer.
2. The City will provide any previously developed hydraulic models or analyses. These are
assumed to be the models and analyses documented in the Schley Canyon Feasibility
Evaluation (Cardno 2016).
3. The City will provide all readily available survey and topographic data in the vicinity of
the project that will be used to develop and/or refine the hydraulic model.
4. GIS data and technical memorandum will be delivered electronically for review, and final
Deliverables
1. Drainage Basin GIS files
2. HEC-RAS files of the two (2) modeled culvert scenarios.
3. Technical Memorandum summarizing the results of the hydrologic and hydraulic
analyses, particularly noting the simulated water surface elevations of the various
percent-annual-chance exceedance flows at the upstream Wheaton Way roadway fill.
Exclusions
Schedule – the final technical memorandum will be provided to the City within 75 days of notice
to proceed.
Cost – Time and Materials not to exceed $8,228
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support Rev 02-22
Page 4 of 8
Task 4 – Assessment of Feasibility of Downstream Channel Restoration
Stantec will investigate the feasibility of restoring the McDougal Creek channel downstream
of the Wheaton Way culvert to promote fish passage to the culvert location. The investigation
will use the results and conclusions of the habitat assessment performed in Task 2, the
hydraulic conditions simulated in Task 3, and the geotechnical investigations performed by
Shannon and Wilson for the City.
In conjunction with City staff, and Shannon and Wilson, Stantec will consider up to three (3)
restoration methodologies/techniques from which to develop one (1) conceptual scenario for
downstream channel restoration that has the goal of promoting fish passage up Schley Canyon
to the culvert location. Stantec will research restoration methodologies/techniques applicable
to the Schley Canyon setting and present up to three (3) to the City for consideration to be used
to develop the one (1) channel restoration concept. The investigation will examine the
feasibility of the conceptual restoration by considering site opportunities, constraints, and risks.
The investigation will be documented in a report that incorporates the technical memoranda
developed in Tasks 2 and 3.
Assumptions
1. The feasibility assessment will incorporate the findings of Sub Consultant’s Task 2:
Geotechnical Slope Evaluation. (Sub Consultant Scope of Services attached as Exhibit
D).
2. Channel restoration methodologies/techniques will be informally presented to City staff
in a meeting; no technical memoranda or detailed documentation of the potential
techniques shall be developed beyond a summary of the techniques/methodologies that
were investigated and the reasoning for advancing the one (1) restoration concept.
3. The City will choose one (1) restoration methodology/technique to advance for use in the
development of one (1) restoration concept.
4. A study report will be delivered electronically for review, and final.
Deliverables
1. Study report summarizing the results of Tasks 2 - 4.
Exclusions
Schedule – the final study report will be provided to the City within 90 days of notice to proceed.
Cost – Time and Materials not to exceed $17,616
Task 5 – Management Reserve Fund (MRF)
The City may desire to establish a MRF to provide the Agreement Administrator with the
flexibility to authorize additional funds to the Agreement for allowable unforeseen costs, or
reimbursing the Consultant for additional work beyond that already defined in this SOW. Such
authorization(s) shall be in writing and shall not exceed $4,270. This fund may not be
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support Rev 02-22
Page 5 of 8
replenished. Any changes requiring additional costs in excess of the MRF shall be made in
accordance with the Agreement.
Conclusion
Stantec’s total proposed budget for this work is not to exceed $43,300. Our proposed schedule is
to complete the work effort and produce the described documents within 90 days from notice to
proceed.
The total proposed budget for this work (including Sub Consultant tasks, but exclusive of Optional
Tasks) is not to exceed $90,729.
This work scope is subject to the terms and conditions of the attached Professional Services
Agreement between the City of Bremerton and Stantec Consulting Services Inc.
Exhibit B - Work Schedule
Description Timeline
Task 1 Project Management Beginning to Closeout
Task 2 Field Assessment and Data Collection 45 days
Task 3
Hydraulic Analysis of Existing and Repaired Culvert
Condition
75 days
Task 4 Assessment of Feasibility of Downstream Channel
Restoration
90 days
Task 5 Management Reserve Fund (MRF) Beginning to Closeout
Total Final Study Report 90 days
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support Rev 02-22
Page 6 of 8
Exhibit C – Estimated Fee
Task 1 Project Management
Role Hours x Rate =
Junior Engineer/EIT 12 131.24$
Field Technician/Biologist - 110.90$
Field Technician/Scientist - 121.64$
Senior Hydraulic Engineer 8 251.79$
Senior Technical Advisor - 263.70$
Total Hours Total Labor
Direct Non-Salary Cost
Miscellaneous Costs
Task 2 Field Assessment and Data Collection
Role Hours x Rate =
Junior Engineer/EIT - 131.24$
Field Technician/Biologist 32 110.90$
Field Technician/Scientist 26 121.64$
Senior Hydraulic Engineer 4 251.79$
Senior Technical Advisor 4 263.70$
Total Hours Total Labor
Direct Non-Salary Cost
Mileage 648 miles at $0.54 per mile
Miscellaneous Costs
Task 3 Hydraulic Analysis of Existing and Repaired Culvert Condition
Role Hours x Rate =
Junior Engineer/EIT 32 131.24$
Field Technician/Biologist - 110.90$
Field Technician/Scientist - 121.64$
Senior Hydraulic Engineer 16 251.79$
Senior Technical Advisor - 263.70$
Total Hours Total Labor
Direct Non-Salary Cost
Mileage 0 miles at $0.54 per mile
Miscellaneous Costs
Estimate of Probable Cost
McDougal Creek/Wheaton Way Culvert Repair Permit Support
Estimated Cost
$1,574.88
$0.00
$0.00
$2,014.32
$0.00
$3,589.20
$0.00
$0.00
$0.00
$0.00
$3,589.20
Total Non-Salary Cost
Total Estimate of Task 1 Cost
Estimated Cost
$0.00
$3,548.80
$3,162.64
$1,007.16
$1,054.80
$8,773.40
Total Non-Salary Cost $0.00
$349.92
Estimated Cost
$4,199.68
$0.00
$0.00
$4,028.64
$0.00
Total Non-Salary Cost $349.92
Total Estimate of Task 2 Cost $9,123.32
$0.00
$8,228.32
$0.00
$0.00
$0.00
Total Estimate of Task 3 Cost $8,228.32
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support Rev 02-22
Page 7 of 8
Task 4 Assessment of Feasibility of Downstream Channel Restoration
Role Hours x Rate =
Junior Engineer/EIT 48 131.24$
Field Technician/Biologist - 110.90$
Field Technician/Scientist - 121.64$
Senior Hydraulic Engineer 24 251.79$
Senior Technical Advisor 20 263.70$
Total Hours Total Labor
Direct Non-Salary Cost
Mileage 0 miles at $0.54 per mile
Miscellaneous Costs
Task 5 Management Reserve Fund (MRF)
Role Hours x Rate =
Junior Engineer/EIT 131.24$
Field Technician/Biologist 110.90$
Field Technician/Scientist 121.64$
Senior Hydraulic Engineer 251.79$
Senior Technical Advisor 263.70$
Total Hours Total Labor
Direct Non-Salary Cost
Mileage 0 miles at $0.54 per mile
Miscellaneous Costs
Total Estimate of Task 5 Cost $4,270.00
$47,429.00
$4,742.90
Estimate of Cost for All Non-Optional Sub Consultant Tasks
Consultant mark-up of Cost Sub Consultant Non-Optional tasks (10 percent)
$0.00
$0.00
$4,270.00
Total Non-Salary Cost $4,270.00
$0.00
Estimated Cost
$6,299.52
$0.00
$0.00
$6,042.96
$5,274.00
$17,616.48
$0.00
$0.00
Total Estimate of Cost for All Non-Optional Sub Consultant Tasks $52,171.90
Total Estimate of Cost for All Non-Optional Consultant and Sub Consultant Tasks $94,999.22
Total Non-Salary Cost $0.00
Total Estimate of Task 4 Cost $17,616.48
Total Estimate of Cost for All Consultant Tasks $42,827.32
Estimated Cost
$0.00
$0.00
$0.00
$0.00
$0.00
City of Bremerton/Stantec Consulting Services Inc.
McDougal Creek/Wheaton Way Culvert Repair Permit Support Rev 02-22
Page 8 of 8
Exhibit D – Shannon and Wilson Scope of Services, Estimated
Fee, and Schedule
400 North 34th Street Suite 100 PO Box 300303 Seattle, Washington 98103-8636 206 632-8020 Fax 206 695-6777
www.shannonwilson.com
February 19, 2021
Mr. Gunnar Fridriksson
City of Bremerton Public Works and Utilities
100 Oyster Bay Avenue N
Bremerton, WA 98312
RE: PROPOSAL FOR GEOTECHNICAL EVALUATION AND MONITORING OF
SCHLEY CANYON CULVERT, BREMERTON, WASHINGTON
Dear Mr. Fridriksson:
We are pleased to submit this proposal to provide geotechnical engineering and monitoring
services for the Schley Canyon Culvert in Bremerton, Washington. This letter presents our
project understanding, proposed scope of services, and estimated fee for our geotechnical
services. Our proposed scope of services is based on conversations with you and a site visit
on January 14, 2021.
PROJECT UNDERSTANDING
The Schley Canyon Culvert is in the City of Bremerton (City) where McDougal Creek
crosses under Wheaton Way through a 3-foot-diameter concrete culvert. McDougal Creek
flows from north to south is approximately 3,100 feet in length from the Port Washington
Narrows north to the headwaters. The culvert at Wheaton Way is a total barrier to fish
passage, located approximately 840-feet upstream of the Port Washington Narrows
juncture. An in-depth analysis of the upstream habitat and creek from Wheaton Way north
is included in a study completed for the City by Stantec, Inc. in December of 2018.
The creek flows through an incised canyon, with mostly vertical sandy walls, and is mapped
as a high landslide and erosion geologic critical area. McDougal Creel was classified a Type
F (potential fish habitat) stream, as defined by Washington Administrative Code (WAC)
222-16-031 and Bremerton Municipal Code (BMC) 20.14.720, by WDFW in 2014.
The culvert was installed in 1926 by Kitsap County and is buried about 30 to 40 feet below
Wheaton Way in a sloped embankment. Erosion of the steep canyon led to a culvert failure
in 2010, sweeping a portion of the road and several sections of the pipe downstream. In
2010, gabion baskets were used to stabilize the roadway embankment and the culvert outlet
was repaired and extended with high-density polyethylene pipe. We understand the
concrete culvert is damaged; the bottom of the culvert is gone and water appears to flow
through the roadway embankment as well as the culvert. The gabion baskets below the
Mr. Gunnar Fridriksson City of Bremerton Public Works and Utilities
February 19, 2021
Page 2 of 9
Shannon and Wislon SOW 2021-02-19.docx/wp/lkn 106531-P
culvert outlet are rotating outward and bulging. The City is concerned that water flow
through the embankment could be causing voids to develop in the road embankment and
creating the potential for sinkholes to occur in the roadway and embankment instability.
In 2016, Shannon & Wilson teamed with Cardno to assist the City with a feasibility
evaluation for culvert repair and habitat restoration. We provided conceptual alternatives
for culvert replacement, which are included in Cardno’s Culvert Repair & Fish Habitat
Improvement at Wheaton Way Stream Crossing report dated March 24, 2016. We
understand Stantec is updating their 2018 report to evaluate creek restoration to allow fish
passage and provide recommendations for culvert replacement. We understand the culvert
will likely be repaired in the summer of 2021 with a liner and void grouting to address
immediate safety concerns. After the culvert is lined, the City will likely repair/stabilize the
embankment. The City may also regrade the channel at the culvert outlet. The City
requested that we evaluate the stability of the existing embankment and the proposed
alternatives for repairing the embankment. The City also request alternatives for
monitoring the road for damage and the slope for movement. The following sections
describe our proposed scope of services.
SCOPE OF SERVICES
We based our scope of services on conversations with you, Chance Berthiaume, and Dan
Eggers (Stantec). We included optional tasks that can be authorized if the City decides to
move forward with those items. Our scope of services will include the following tasks:
Task 1 – Project Management and Meetings
Task 2 – Geotechnical Slope Evaluation
Task 3 – Geotechnical Explorations and Void Evaluation (Optional)
Task 4 – Slope Movement Monitoring (Optional)
Task 5 – Pavement Monitoring (Optional)
Task 6 – Plans and Specification Review
Task 7 – Engineering Support During Bidding and Construction (Optional)
Mr. Gunnar Fridriksson City of Bremerton Public Works and Utilities
February 19, 2021
Page 3 of 9
Shannon and Wislon SOW 2021-02-19.docx/wp/lkn 106531-P
Task 1 - Project Management and Meetings
Project management tasks will involve planning the work, communicating with the City
and its project consultant, Stantec, and executing the project. We will coordinate with the
City and Stantec as needed throughout the project. We anticipate we will participate in four
1-hour, virtual meetings.
Deliverables:
Monthly Invoices.
Assumptions:
The slope stability evaluation will be completed in August 2021 and optional tasks will
not be authorized.
Task 2 - Geotechnical Slope Evaluation
This task includes performing geotechnical engineering analyses to evaluate the stability of
the existing embankment, evaluate options to stabilize the existing embankment, and to
evaluate the erodibility/stability of the downstream canyon sidewalls. Our analyses will be
based on available existing information. Our scope of services for this task includes:
Visit the site to assess the condition of the existing slope and gabions and observe the
condition of and the materials exposed in the canyon sidewalls.
Review available existing information including previous reports, as-built drawings,
and geologic maps.
Determine the Site Class for seismic design and select the appropriate the design
spectral acceleration parameters in accordance with the American Association of State
Highway and Transportation Officials Specifications for Road and Bridge.
Perform preliminary global stability analyses to evaluate the stability of the existing
embankment. We will perform 3 dimensional (3D) coupled seepage and slope stability
analyses and perform a parametric study to evaluate the location where water is flowing
and potential for void development. We will evaluate static and seismic conditions.
Develop and evaluate three conceptual alternatives to stabilize the embankment. After
evaluating the conceptual alternatives, we will meet with the City and Stantec to discuss
the alternatives and select an option to move forward to final design. We will provide
final design recommendations for the preferred alternative in our report.
Qualitatively evaluate the potential for slope instability of the canyon sidewalls due to
erosion.
Mr. Gunnar Fridriksson City of Bremerton Public Works and Utilities
February 19, 2021
Page 4 of 9
Shannon and Wislon SOW 2021-02-19.docx/wp/lkn 106531-P
Provide a draft Geotechnical Engineering Report (GER) summarizing our observations,
analyses, and recommendations. After receiving comments from the City and other
reviewing agencies, we will address those comments and submit a final GER.
Deliverables:
Draft and Final GER.
Assumptions:
Two people from Shannon & Wilson will attend the site visit.
Our analyses will be based on available existing information gathered from the site
reconnaissance, previous reports, as-built drawings, and geologic maps.
Stantec will provide a topographic survey of the embankment.
We will provide our deliverables in electronic PDF format only.
Task 3 – Geotechnical Explorations and Void Evaluation (Optional)
To evaluate the subsurface conditions and the location and extent of the voids within the
embankment, we will drill exploratory borings and perform cross-hole seismic tomography.
Cross-hole seismic tomography is a geophysical method that measures the travel time of
seismic waves between an external source and a series of geophones placed in the boreholes.
The cross-hole seismic surveys will be performed between borings to develop a profile
between borings, which will identify anomalous velocity zones between boreholes and
imaging of individual velocity layers. This information can be utilized to evaluate the
presence of voids. Our scope of services for Task 3 includes the following:
Prior to conducting the field explorations, we will prepare a Geotechnical Exploration
Plan (GEP) and submit it to the City for review and approval. The GEP will detail the
type, location, and extent of proposed field explorations along with logistics necessary to
perform the work such as traffic control plans and staging areas. The work plans will be
used for utility locating clearances and for permitting that may be necessary to access
the exploration locations and to perform the work.
We will mark the proposed boring locations and arrange for utility locates using the
Utility Notification Center. Prior to drilling, we will visit the site to confirm the planned
exploration locations are clear of utilities.
We will drill four borings using sonic drilling methods. One boring will be located on
each side of the culvert on the north and south sides of the road. The borings will
extend a minimum of 20 feet below the bottom of the culvert. We assume this will be
60 feet below ground surface (bgs) on the inlet side of the culvert and 65 feet bgs on the
outlet side of the culvert. The borings will be capped with 8-inch-diameter flush-
Mr. Gunnar Fridriksson City of Bremerton Public Works and Utilities
February 19, 2021
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mounted, steel monuments. The borings on the south side of the road will be drilled in
the sidewalk. We will attempt to drill the borings on the north side of the road in the
sidewalk; however, due to overhead power lines, the borings may have to be drilled in
the road.
We will install a 4-inch-outside-diameter polyvinyl chloride (PVC) casing in each boring,
which will be used to perform the cross-hole seismic tomography and can be used in the
future for void grouting. If voids are encountered during drilling, the casing will be
secured in place with bentonite chips, sand, or pea gravel, depending on the amount
and size of the voids encountered during drilling.
We will install a vibrating wire piezometer (VWP) in one of the borings to monitor
groundwater levels. The VWP will be connected to a datalogger and set to record data
every six hours. We will return to the site twice to collect the datalogger and download
groundwater level measurements.
We will return the soil cores, collected from the sonic core drilling effort, to our
warehouse where we will review the field soil classification, prepare summary boring
logs, and select samples for geotechnical laboratory testing.
We will perform as many as 40 moisture contents and 8 grain-size analyses on samples
collected from the soil core.
We will subcontract Global Geophysics, LLC to perform cross-hole seismic tomography.
We will prepare a Geotechnical Data Report (GDR) summarizing the field explorations
and testing, boring logs, laboratory test results, and the cross-hole seismic tomography.
The GDR can be included with the construction contract bid documents.
Deliverables:
Draft and Final GEP.
Draft and Final GDR.
Assumptions:
The subsurface exploration spoils will be non-hazardous. Analysis, testing, storage, and
handling of potentially contaminated soil and groundwater (either sampled or spoils
from drilling) are beyond this scope of services. If contaminated soils and/or
groundwater are encountered, the material will be properly contained on-site for
disposal as mutually agreed upon without additional cost to Shannon & Wilson.
All field work will be completed between the hours of 9:00 a.m. and 3:00 p.m., Monday
through Friday.
The drilling will be completed in eight days.
The seismic cross-hole tomography will be completed in two days.
Mr. Gunnar Fridriksson City of Bremerton Public Works and Utilities
February 19, 2021
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Drilling and cross-hole seismic tomography will require closing one lane of traffic. The
traffic control subcontract is included in this scope of services.
No street use permits will be required.
The drill rig and support truck can be staged at the City’s Engineering offices at
3027 Olympus Drive overnight, i.e., it does not need to be mobilized to the site each day.
The installed VWP will be abandoned by the Contractor during culvert repair
construction.
Prevailing wage is not required for the subcontractors.
We will dispose of the soil core after the final GDR is submitted. Shannon & Wilson can
store the soil core beyond that date for an additional fee.
We will provide our deliverables in electronic PDF format only.
Task 4 – Slope Movement Monitoring (Optional)
An in-place-inclinometer (IPI) could be installed to monitor slope movement. The IPI
would be installed in a 2.75-inch-diameter PVC casing and connect to an automated data
acquisition system (ADAS), which would transmit data remotely to Shannon & Wilson. The
IPI would be installed in a 75-foot-deep boring on the south side of the road. The ADAS
will require an enclosure and power source (solar panel and battery). The cable from the IPI
in the hole would need to be routed to the ADAS. The details of where the datalogger will
be mounted and the best way to route the cables to the datalogger will be determined
during a site visit and based on discussions with the City. For planning purposes, we
assume the ADAS enclosure and power source can be mounted on the fence or a nearby
light pole.
Deliverables:
IPI installation information will be included in the GDR.
Interim monitoring data via email.
Final monitoring summary letter.
Assumptions:
The slope movement monitoring will be performed from March through August 2021.
Shannon & Wilson will remove the IPI and ADAS system when monitoring is complete.
The boring for the IPI will be drilled at the same time as the explorations in Task 3. The
IPI installation plan will be included with the GEP as part of Task 3. A separate drill rig
mobilization will not be required.
Mr. Gunnar Fridriksson City of Bremerton Public Works and Utilities
February 19, 2021
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The boring for the IPI will be completed in two days.
The IPI and ADAS installation will be completed in one day, after the explorations are
complete.
Task 5 – Pavement Monitoring (Optional)
We understand there is currently no observable distress at the pavement surface; however,
the City is concerned that sink holes could occur. To regularly observe the pavement
surface for cracking and signs of distress, we will set up a high definition camera mounted
to a light pole or other post at the site. The camera would be set to take photographs of the
pavement four times daily. The photos would be sent to the City and Shannon & Wilson
remotely via cellular service.
Shannon & Wilson will prepare a monitoring plan describing the installation location and
details for approval by the City. After the plan has been approved by the City, we will
install the camera and connect it to cellular service. We will set up and test the system to
confirm it is working properly.
Deliverables:
Draft and Final installation plan.
Letter documenting the installation and components installed.
Assumptions:
The pavement monitoring will be performed from February through August 2021.
Shannon & Wilson will remove the system when monitoring is complete.
The City will be responsible for reviewing the photographs for signs of pavement
distress.
Task 6 – Plans and Specification Review
Shannon & Wilson will review geotechnical aspects of the proposed repair plans and
specifications to confirm that our recommendations have been properly incorporated into
the project documents.
Task 7 – Engineering Support During Bidding and Construction
(Optional)
Shannon & Wilson assist the City during bidding and construction by responding to
questions from prospective contractors, reviewing contractor submittals, and responding to
Mr. Gunnar Fridriksson City of Bremerton Public Works and Utilities
February 19, 2021
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contractor requests for information (RFIs). Shannon & Wilson will visit the site one time
during construction. We anticipate this site visit will occur during the gabion wall repair.
After our site visit, we will document our observations in a field activity report and submit
it to you.
Deliverables:
Responses to questions and RFIs via e-mail.
Review comments on submittals.
Field activity report.
Assumptions:
Additional engineering analyses will not be required.
Shannon & Wilson will not provide construction observation services.
We will visit the site once during construction.
ESTIMATED FEE AND SCHEDULE
We propose to provide the services described in this proposal on a time-and-expense basis.
Our rates will be billed at our direct rate times a multiplier of 3.1. The enclosed Tables 1 and
2 summarize our Estimate of Probable Cost and provide a summary of estimate hours for
each task. The table below shows a summary of our estimated fee for each task.
Task No. Estimated Fee
Task 1 - Project Management and Meetings $6,537
Task 2 – Geotechnical Slope Assessment $36,033
Task 3 – Geotechnical Explorations and Void Evaluation (Optional) $158,846
Task 4 – Slope Movement Monitoring (Optional) $60,133
Task 5 – Pavement Monitoring (Optional) $17,665
Task 6 – Plans and Specification Review $4,859
Task 7 – Engineering Support During Bidding and Construction (Optional) $8,822
We will begin our services upon receipt of written notice to proceed (NTP). We anticipate
the draft report for Task 2 could be completed within four weeks of NTP, if Task 3
explorations are not incorporated into the draft GER.
Task 3 depends on driller and geophysical subcontractor availability. We will begin
coordination after NTP for Task 3. We anticipate the drilling will take eight days to
Mr. Gunnar Fridriksson City of Bremerton Public Works and Utilities
February 19, 2021
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complete and the geophysics will take two days. We will complete the laboratory testing
and boring logs within two weeks after drilling is complete. We will complete the draft
GDR within three weeks after the drilling and geophysics have been completed.
Shannon & Wilson has prepared the enclosed "Important Information About Your
Geotechnical/Environmental Proposal" to assist you and others in understanding the use
and limitations of our proposals.
We appreciate this opportunity to be of service to you and look forward to working with
you on this project. Please contact me if you have any questions. I can be reached at
(206) 695-6719 or by email at wlm@shanwil.com.
Sincerely,
SHANNON & WILSON
Wendy L. Mathieson, PE
Vice President
WLM:BSR/wlm
Enc: Table 1 – Estimate of Probable Cost (3 pages)
Table 2 – Summary of Estimated Hours (2 pages)
Important Information About Your Geotechnical/Environmental Proposal
Schley Canyon Culvert
Bremerton, Washington
Proposal for Geotechnical Evaluation and Monitoring
Classification Hours x Rate1 =Cost
Vice President 22 $240.68 $5,295.05
Senior Professional I 4 $139.00 $556.02
Professional IV 2 $126.70 $253.39
Instrumentation Specialist 0 $146.07 $0.00
Senior Office Services 4 $108.16 $432.64
Total Hours 32 $6,537.09
Direct Non-Salary Cost COST
$0.00
$6,537.09
Classification Hours x Rate1 =Cost
Vice President 37 $240.68 $8,905.31
Senior Professional II 8 $143.16 $1,145.26
Senior Professional I 148 $139.00 $20,572.59
Professional IV 6 $126.70 $760.18
Senior Technical Services 20 $149.20 $2,984.06
Senior Office Services 3 $108.16 $324.48
Total Hours 228 $35,776.45
Direct Non-Salary Cost COST
Quantity Unit Price
Mileage 280 $0.56 $156.80
Miscellaneous copy costs, etc.1 $100.00 $100.00
$256.80
$36,033.25
Classification Hours x Rate1 =Cost
Vice President 16 $240.68 $3,850.94
Senior Professional II 24 $143.16 $3,435.79
Professional IV 256 $126.70 $32,434.43
Instrumentation Specialist 3 $146.07 $438.22
Senior Technical Services 9 $149.20 $1,342.83
Senior Office Services 9 $108.16 $973.43
Total Hours 317 $42,475.64
Direct Non-Salary Cost COST
Task 2 Geotechnical Slope Evaluation
Total Labor
Total Direct Non-Salary Cost
TOTAL ESTIMATE OF TASK 2 PROBABLE COST
Task 3 Geotechnical Explorations and Void Evaluation (Optional)
TOTAL ESTIMATE OF TASK 1 PROBABLE COST
Table 1 - Estimate of Probable Cost
Total Labor
Total Direct Non-Salary Cost
Miscellaneous copy costs, etc.
Task 1 Project Management and Meetings
Total Labor
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Schley Canyon Culvert
Bremerton, Washington
Proposal for Geotechnical Evaluation and Monitoring
Table 1 - Estimate of Probable Cost
Quantity Unit Price
Mileage 2000 mi $0.56 $1,120.00
Drilling Subcontract 1 ls $66,400.00 $66,400.00
Traffic Control Plan 1 ls $300.00 $300.00
Traffic Control 7 dy $3,000.00 $21,000.00
Geophysics 1 ls $24,000.00 $24,000.00
Vibrating Wire Piezometer 1 ea $650.00 $650.00
Datalogger 1 ea $850.00 $850.00
Geotechnical Laboratory testing 1 ls $2,000.00 $2,000.00
Miscellaneous copy costs, etc.1 ls $50.00 $50.00
$116,370.00
$158,845.64
Classification Hours x Rate1 =Cost
Vice President 12 $240.68 $2,888.21
Senior Professional II 8 $138.78 $1,110.24
Senior Professional I 32 $139.00 $4,448.13
Professional IV 24 $126.70 $3,040.73
Instrumentation Specialist 46 $146.07 $6,719.31
Senior Technical Services 4 $149.20 $596.81
Senior Office Services 2 $108.16 $216.32
Total Hours 128 $19,019.75
Direct Non-Salary Cost COST
Quantity Unit Price
Mileage 560 mi $0.56 $313.60
Drilling Subcontract 1 ls $12,200.00 $12,200.00
Traffic Control 2 dy $3,000.00 $6,000.00
In-place-Inclinometer 1 ls $15,000.00 $15,000.00
ADAS 1 ls $5,400.00 $5,400.00
Mounting Equipment and supplies 1 ls $2,200.00 $2,200.00
$41,113.60
$60,133.35
Total Direct Non-Salary Cost
Total Direct Non-Salary Cost
TOTAL ESTIMATE OF TASK 3 PROBABLE COST
TOTAL ESTIMATE OF TASK 4 PROBABLE COST
Task 4 Slope Movement Monitoring (Optional)
Total Labor
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Schley Canyon Culvert
Bremerton, Washington
Proposal for Geotechnical Evaluation and Monitoring
Table 1 - Estimate of Probable Cost
Classification Hours x Rate1 =Cost
Vice President 3 $240.68 $722.05
Instrumentation Specialist 36 $146.07 $5,258.59
Senior Technical Services 2 $149.20 $298.41
Senior Office Services 1 $108.16 $108.16
Total Hours 42 $6,387.21
Direct Non-Salary Cost COST
Quantity Unit Price
Mileage 140 $0.56 $78.40
Camera and Monitoring System 1 $9,000.00 $9,000.00
Mounting Equipment and supplies 1 ls $2,200.00 $2,200.00
$11,278.40
$17,665.61
Classification Hours x Rate1 =Cost
Vice President 12 $240.68 $2,888.21
Senior Professional I 14 $139.00 $1,946.06
Instrumentation Specialist 0 $146.07 $0.00
Total Hours 26 $4,834.26
Direct Non-Salary Cost COST
Quantity Unit Price
Miscellaneous copy costs, etc.1 $25.00 $25.00
$25.00
$4,859.26
Classification Hours x Rate1 =Cost
Vice President 19 $240.68 $4,573.00
Senior Professional I 30 $139.00 $4,170.12
Total Hours 49 $8,743.12
Direct Non-Salary Cost COST
Mileage 140 $0.56 $78.40
$78.40
$8,821.52
$292,895.72TOTAL ESTIMATE OF PROBABLE COST FOR ALL TASKS
Task 6 Plans and Specification Review
Total Labor
Total Direct Non-Salary Cost
TOTAL ESTIMATE OF TASK 6 PROBABLE COST
Task 7 Engineering Support During Bidding and Construction (Optional)
Total Labor
Total Direct Non-Salary Cost
TOTAL ESTIMATE OF TASK 7 PROBABLE COST
Task 5 Pavement Monitoring (Optional)
Total Labor
Total Direct Non-Salary Cost
TOTAL ESTIMATE OF TASK 5 PROBABLE COST
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Schley Canyon Culvert
Bremerton, Washington
Proposal for Geotechnical Evaluation and Monitoring
Vice President Associate
Senior
Professional II
Senior
Professional
I Professional IV
Instrumentat
ion
Specialist
Senior
Technical
Services
Senior Office
Services
Task and/or Deliverable Rate $240.68 $180.76 $143.16 $139.00 $126.70 $146.07 $149.20 $108.16
1.0 Project Management and Meetings
Project management 16 4 20
Meetings 6 4 2 0 12
1.0 Subtotal 22 0 0 4 2 0 0 4 32
2.0
Site visit 6 6 12
Review existing information 4 8 12
Seismic hazard evaluation 2 4 8 14
3D Seepage Analyses 2 4 16 22
Slope stability analysis (1-cross section)4 2 16 22
Canyon sidewall stability/erosion evaluation 2 8 10
Evaluate alternatives to stabilize gabions 8 24 6 38
Final design of selected alternative 4 16 2 22
Draft Geotechnical Engineering Report 4 4 40 8 2 58
Final Geotechnical Engineering Report 1 12 4 1 18
2.0 Subtotal 37 6 8 148 6 0 20 3 228
3.0
Prepare draft Geotechnical Exploration Plan 2 10 2 2 1 17
Prepare final Geotechnical Exploration Plan 1 4 1 1 1 8
Mark boring locations and call utility locates 8 8
Coordination and preparation 2 16 18
Log borings 96 96
Review soil, prepare logs, select samples for lab testing 4 24 30 4 62
Collect groundwater measurements and process data 16 16
Geophysics 1 24 25
Prepare draft Geotechnical Report 4 40 4 2 50
Prepare final Geotechnical Report 2 12 2 1 17
3.0 Subtotal 16 0 24 0 256 3 9 9 317
Table 2 - Summary of Estimated Hours
Geotechnical Slope Evaluation
Geotechnical Explorations and Void Evaluation (Optional)
TOTAL HOURSTask No.
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Schley Canyon Culvert
Bremerton, Washington
Proposal for Geotechnical Evaluation and Monitoring
Vice President Associate
Senior
Professional II
Senior
Professional
I Professional IV
Instrumentat
ion
Specialist
Senior
Technical
Services
Senior Office
Services
Task and/or Deliverable Rate $240.68 $180.76 $143.16 $139.00 $126.70 $146.07 $149.20 $108.16
Table 2 - Summary of Estimated Hours
TOTAL HOURSTask No.
4.0
Log additional boring, prepare log, review soil 1 8 24 1 34
Site visit to develop ADAS plan 6 6
Order parts, coordinate, testing 1 6 7
Install system 12 12
Review data 8 20 8 36
Maintenance 6 6
Summary letter 2 12 8 4 1 27
4.0 Subtotal 12 0 8 32 24 46 4 2 128
5.0
Order parts, coordinate, testing 4 4
Install camera 10 10
Review photos 4 4
Maintenance 6 6
Summary letter 3 12 2 1 18
5.0 Subtotal 3 0 0 0 0 36 2 1 42
6.0
Review Plans and Specifications 8 8 16
Provide comments to City of Bremerton 4 6 10
6.0 Subtotal 12 0 0 14 0 0 0 0 26
7.0
Respond to Contractor questions during bidding 8 4 12
Respond to Contractor Requests for Information 6 6 12
Review Contractor Submittals 4 8 12
Site Visit 1 12 13
7.0 Subtotal 19 0 0 30 0 0 0 0 49
TOTAL HOURS 121 6 40 228 288 85 35 19 822
NOTE:
ADAS = automated data acquistion system
Engineering Support During Bidding and Construction (Optional)
Pavement Monitoring (Optional)
Plans and Specification Review
Slope Movement Monitoring (Optional)
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Schley Canyon Culvert – McDougal Creek/Wheaton Way Culvert Repair Permit Support
March 2021
VICINITY MAP
McDougal Creek/Wheaton Way Culvert Repair Permit Support
Schley Canyon Culvert – McDougal Creek/Wheaton Way Culvert Repair Permit Support
March 2021
LOCATION MAP
McDougal Creek/Wheaton Way Culvert Repair Permit Support
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: March 24, 2021
Local Agency Preliminary Engineering
Participating Agreement with Washington
State Department of Transportation
(WSDOT) for Warren Avenue Pedestrian
Improvements Project
COUNCIL MEETING Date: April 7, 2021
Department: PW&U- Engineering
Presenter: Shane Weber
Phone: (360) 473-2354
SUMMARY: On September 18, 2020 the City accepted State grant funding in the amount of
$1,500,000 for the design of the SR 303 Warren Avenue Bridge Pedestrian Improvements Project.
Staff have coordinated with WSDOT to complete the structural design of the bridge which will be
incorporated into the full design package which is being completed under a separate consultant civil
design contract. The WSDOT design work includes preliminary engineering and permitting for
pedestrian and bike improvements on the bridge and multimodal improvements to the north and
south of the bridge. The contract is with WSDOT HQ Bridge Design Office and is for the structural
design of the bridge modifications. The City entered into direct negotiations with WSDOT for this
work because they have a working knowledge of the bridge and are the best qualified to perform the
work. There are also efficiencies and cost savings if the State to performs the work. The estimated
design fee is $252,000. The contract allows for a 25% increase for extra work, increasing the
contract amount by $63,000 for a total amount of $315,000.
ATTACHMENTS: 1) Local Agency Preliminary Engineering Participating Agreement with WSDOT,
including Exhibits A, B and C
FISCAL IMPACTS (Include Budgeted Amount): The budget is included in the Transportation
Capital Fund and is 100% grant funded with no city match.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement with WSDOT for design of the Warren
Avenue Bridge Pedestrian Improvements 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
A6
Local Agency
Preliminary Engineering
Participating Agreement
Work by WSDOT - Actual Cost
Local Agency Name & Address
Agreement Number Section/Location
State Route Control Section Number
Region Surety Bond Attachments made a part of this agreement
Exhibit A Estimate of Costs
Exhibit B Description of Work
Exhibit C Plan / Vicinity Map Advance Payment Amount
This Agreement is made and entered into between the Washington State Department of Transportation
(WSDOT) and the above named governmental entity (Local Agency), individually the ‘Party’ and collectively
the ‘Parties’.
Recitals
1. The Local Agency has requested that WSDOT perform certain work as described herein, and/or is
responsible for a portion of the work as provided for under WAC 468-18-040(5)(d).
2. The Local Agency is obligated for the cost of work described herein.
Now Therefore, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and
performances contained herein, or attached and incorporated and made a part hereof, It Is Mutually Agreed As
Follows:
1. General
a. WSDOT, as agent acting for and on behalf of the Local Agency, agrees to perform the work as
shown in Exhibit B Description of Work.
and amendments thereto, and adopted design standards, unless otherwise noted.
c. The Local Agency agrees, upon satisfactory completion of the work involved, to deliver a letter of
acceptance to WSDOT which shall include a release and waiver of all future claims or demands of
any nature resulting from the performance of the work under this Agreement.
d. If a letter of acceptance is not received by WSDOT within 90 days following completion of the
work, the work will be considered accepted by the Local Agency and shall release WSDOT from
all future claims and demands of any nature resulting from the performance of the work under this
Agreement.
acceptance.
DOT Form 224-701
Revised 03/2019
Page 1 of 3
City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337
GCB 3453
SR 303
SR 303 in Bremerton - MP 0.62 to MP 1.57
Legislative Districts 23, 26, 35
Olympic N/A
37,800
2. PAYMENT
a. The Local Agency, in consideration of the faithful performance of the work to be done by WSDOT,
agrees to reimburse WSDOT for the actual direct and related indirect cost of the work as shown in
Exhibit A Estimate of Cost.
b. Partial payments shall be made by the Local Agency, upon request of WSDOT, to cover costs
incurred. These payments are not to be more frequent than one (1) per month. It is agreed that
any such partial payment will not constitute agreement as to the appropriateness of any item and
payment.
c. The Local Agency agrees to make payment for the work to be done by WSDOT within thirty (30)
days from receipt of billing from WSDOT.
d. The Local Agency agrees that if payment for the work is not made within ninety (90) days after
receipt of billing WSDOT may withhold any tax monies which the Local Agency is entitled to
receive from the Motor Vehicle Fund until payment for the work is received by WSDOT. If the
Local Agency is not entitled to receive Motor Vehicle Funds, a surety bond in the amount shown
above written by a surety company authorized to do business in the state of Washington shall be
furnished to WSDOT prior to execution by WSDOT of this agreement. The bond shall remain in
force until written release by WSDOT.
e. Payment not made within thirty (30) days after receipt of billings shall be considered “Past Due”
and bear interest at the rate of one percent per month or fraction thereof until paid pursuant to
RCW 43.17.240.
f. The Local Agency agrees to pay WSDOT the “Advance Payment Amount” stated above within 20
3. EXTRA WORK
a. In the event unforeseen conditions require an increase in the cost of 25 percent or more from that
increase.
b. In the event it is determined that any change from the description of work contained in this
Agreement is required, approval must be secured from the Local Agency prior to the beginning of
such work. Where the change is substantial, written approval must be secured.
c. Reimbursement for increased work and/or a substantial change in the description of work shall be
the Local Agency.
4. RIGHT OF ENTRY
The Local Agency hereby grants and conveys to WSDOT the right of entry upon all land which the Local
the preliminary engineering under this Agreement.
5. LEGAL RELATIONS
No liability shall attach to WSDOT or the Local Agency by reason of entering into this Agreement except
as expressly provided herein.
DOT Form 224-701
Revised 03/2019
Page 2 of 3
In Witness Whereof, the Parties hereto have executed this Agreement as of the Party’s date signed last below.
LOCAL AGENCY
Signature:
By:
Print Name
Title:
Date:
WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
Signature:
By:
Print Name
Title:
Date:
DOT Form 224-701
Revised 03/2019
Page 3 of 3
Greg Wheeler
Mayor
Exhibit A
Estimate of Costs For WSDOT Preliminary Engineering Services
Agency:
Date:
Comments
Estimate of work to be done
by WSDOT Bridge Office
Indirect Cost Rate Cost (in percent) 0.00%$0.00
Fix Fee (in percent)0.00%$0.00
Reimbursable
A.Travel and Per Diem $5,000.00
B. Reproduction Expenses $2,000.00
C. Computer Expense
D.Communication
E.Sampling and Testing
F. Outside Consultants
G. Other
Total: $7,000.00
Total Estimate of Cost $252,000.00
*Contingency for Extra Work (25%)$63,000.00
Total Authorized by Contract $315,000.00
Advance Payment Amount (15% of Total Estimate of Cost)37,800.00$
SR 303 Warren Avenue Bridge Pedestrian Improvements
Shane Weber, P.E. 3/1/21
$245,000.00Subtotal
Project Name:
Prepared By:
City of Bremerton
Type of Services
Bridge Structural Engineering & Design
Estimated Cost
$245,000.00
Federal Project No.:
GCB 3453
Funding is set up with Agreement LA 9922 and State line charge number is TA 6989 GP19
GCB 3453
Exhibit B
Description of Work
March 2021
The Work includes preparing structural design for improvements to the Warren Avenue Bridge (WSDOT
Bridge No. 303/12), consisting of the following:
1. Widen existing sidewalk on both sides of the bridge as much as possible, while still allowing for
the WSDOT UBIT to deploy over the sidewalk from the adjacent traffic lane. See WSDOT BDM
Fig. 2.3.11‐1. The widened sidewalks will also include overlooks on each side of the bridge, at or
near mid‐channel.
2. Replace existing center raised median with traffic barrier.
The work also includes structural design required for on‐bridge ancillary elements required for the
above improvements, including utility hangers, luminaire foundations, pedestrian barriers, pedestrian
and bridge rail, utility ducts, architectural features (if required), small post‐mounted signs, approach
slabs, abutment widening, and other elements as required to design the improvements listed above.
WSDOT Bridge Design Office will perform the following work:
Review and comment on the Maintenance of Traffic (MOT) schedule prepared by the City of
Bremerton
Structural design and bridge strengthening design required for the improvements listed above.
Create bridge plans in the MicroGDS software package used in the Bridge Office
Design of any associated retaining walls/abutment widening at the bridge ends
QA/QC of all structural design work created by the Bridge Office
Provide a revised load rating of the bridge.
Provide PS&E package for all bridge structural design work created by the Bridge Office.
The work for WSDOT Bridge Design office is confined to on‐bridge structural elements only, including
end of bridge features necessary for the bridge structural design. The City of Bremerton is contracting
with a consultant to design off‐bridge civil and structural improvements.
Warren Avenue BridgeProject AreaPark Ave17th Street 16th Street
Warren Ave / SR 303Lebo Blvd
Callahan DrSheridan RdW
h
e
a
t
o
n
W
a
y OlympicCollege18th StreetBegin ProjectEnd ProjectClare
AveEast SideUnemployment CenterJuniper StLOCATIONPROJECTNB Lane
NB Lane
Sidewalk 11.0'11.0'4.9'Raised MedianBridge Rail (Typ)Traffic BarrierWarren Ave. BridgeTypical Existing SectionLooking North2.0'℄4.0'1.0'Shoulder
Shy
SB LaneSB LaneSidewalk 11.0'11.0'Varies 3.2' to3.9' (Typ)4.0'1.0'Shoulder
Shy
NB Lane
NB Lane
Shared Use
Path "*"*"*Bridge Rail (Typ)Traffic BarrierWarren Ave. BridgeTypical Proposed SectionLooking North2.0'℄"*"*Shoulder
Shy
SB LaneSB Lane "*"*"*"*"*Shoulder
Shy
Shared UsePath Traffic Barrier1"=400'LOCATION MAPN.T.S.SHEETVERT.HORIZ.SCALEBYDATENO.CITY OF BREMERTONREVISIONSDESCRIPTIONDEPARTMENT OF PUBLIC WORKS & UTILITIESENGINEERING DIVISIONIF NOT SCALE ACCORDINGLYTWO INCHES AT FULL SCALE1"02"PN:Warren Avenue BridgePedestrian Improvements ProjectVicinity Map11Notes"*Widths to be determined duringdesign
18th st.
Callahan
D
ri
v
e
Lebo Blvd Lower Wheaton Elizabeth AvenuePark Ave.Warren Ave.Clare Ave.Olympic College
Shared use path
Potential neighborhood greenway
Bremerton
Overview
Viewpoint
Roto-Vista Park
A shared use path on the west side of the
Warren Avenue bridge, a tunnel under Warren
Avenue, and a shared use path in the
Callahan underpass provide the foundation
for a north-south bike and pedestrian corridor
linking north Bremerton to Downtown.
It is also a solution to the limitations current
bridge inspection equipment pose to building
a shared use path at WSDOT’s recommended
width.
1
1
As residents of the Kitsap Peninsula we are very concerned about the safety of the Warren Avenue
Bridge for cyclists and pedestrians. Bremerton’s SR 303 Corridor Study was undertaken to resolve
this and other transportation concerns. The final plan adopted a 10-foot wide shared use path on
both sides of the bridge. The WSDOT design manual states the desirable paved width of a shared-
use path is 12 feet, and the minimum paved width is 10 feet. West Sound Cycling Club
recommends a 12-, and preferably 14-foot wide path on just the west side of the bridge to reflect
newer practice and safety recommendations. We want to accommodate the needs of PSNS and
Olympic College commuters well into the future, and not have the new facility be outdated the day it
is completed.
On March 16th, during the monthly Public Works Committee meeting we learned that Bremerton
plans to narrow these paths to 8-feet. The professed rational for doing so is the inability of
WSDOT’s bridge inspection truck to reach over a 10-foot wide path to inspect the underside of the
mid-bridge steel supports. Since WSDOT’s current inspection truck can reach over an 8-foot path,
WSDOT recommends substituting an “8-foot sidewalk” for the shared use path. The term
“sidewalk” is used presumably because a path of 8-feet no longer qualifies as a shared use path.
An 8-foot path is unacceptable for many of us. Bikes and pedestrians don’t mix well in such a
constricted space. The implication is that cyclists may be relegated to the roadway. It should be
pointed out that there isn’t room for a 5 or 6 foot bike lane on the bridge deck - a minimum
requirement in this location. Motorists would approach cyclists from behind at several times their
speed, separated from them by a painted line.
Overcoming obstacles to a wide, safe, shared use
path across the Warren Avenue Bridge
2
Bikes crossing the bridge should not be relegated to the roadway. Sixty-five percent of cyclist fatalities
occur on arterial roads (like SR 303) with speed limits of 30 to 45 mph. The most common type of crash is
being struck from behind. This carnage can be avoided through better policy and design. Cities with an
improved built environment for cyclists, like protected and separated bike facilities, are safer for all road
users.
WSDOT’s problem with bridge inspection can be solved by adopting WSCC’s proposal to widen
only the west side of the bridge. Their current inspection truck can extend its bucket 60 feet under the
bridge - just shy of the full width of the bridge. Newer inspection trucks can extend their inspection bucket
75 feet, allowing inspection of the entire under-structure from the east side of the bridge. This approach
(no construction on the east side of the bridge) will probably save 2 million dollars, enough to buy a 75 foot-
capable inspection truck if needed.
A shared use path on only one side of the I-90 and SR 520 floating bridges works well, and can work for
the Warren Avenue Bridge as long as a tunnel is built under Warren Avenue at Olympic College to connect
both sides of the bridge to one another.
The WSCC proposal creates a north-south bike-pedestrian corridor entirely separated from traffic on SR
303 by using parallel slower and lower volume streets, or by physically separating active transportation
users from the highway. A single separated path 12 to 14 feet wide on the bridge is all that is needed to
keep active transportation users safe and increase bike mode share by commuters.
When the city authorizes a design contract with WSDOT, we recommend that you set parameters for
possible design alternatives. Do not accept 8-foot “sidewalks” as an option for the bridge design - they are
not recommended for a path shared by cyclists and pedestrians by WSDOT or federal guidelines.
3
Existing Warren Avenue Bridge Cross Section
The blue rectangles represent lateral bridge supports.
West East
4
https://aspenaerials.com/wp-content/uploads/2019/03/a75II_brochure.pdf
A brief internet search
found this truck capable of
inspecting the entire bridge
infrastructure from one
side of the bridge deck.
5
6
WSCC proposed 12-foot shared use path on only the west side of bridge.
12’
West East
The blue rectangles represent lateral bridge supports.
75 feet
60 feet
7
A shared use path accommodates pedestrians, wheelchair users, bicycles,
and strollers at the same time. It is defined as being 10 feet wide or wider,
however newer designs and upcoming guidelines suggest minimum widths of
12 to 14 feet, especially on bridges where hand rails can hook handlebars.
The following images show 8-, 10-, and 14-foot wide shared use paths.
8
East Channel Bridge at Mercer Island
8 feet
Pedestrians won’t feel safe on an 8-foot path shared with cyclists.
9
This shared use path, on one side of the I-90 floating
bridge across Lake Washington, was built in 1993.
10 feet
10
This shared use path, on one side of the SR 520 floating bridge across Lake
Washington, was completed in 2017. Safety issues with the 10-foot width
of the I-90 shared use path influenced WSDOT to widen this shared use
path to 14 feet. The curvature of the hand rails gives additional room for
handlebars. Pedestrians and cyclists can safely share this space.
14 feet
11
Rest stops /viewing platforms along the SR 520 floating bridge
are an additional 14 feet wide.
12
13
The Johnson Street
Bridge in Victoria is an
example of a bridge
with shared use paths
of different widths.
This side is for
pedestrians
only.
This side is for
all users, is
much wider,
and connects
directly to a
regional trail.
On a crowded path, cyclists feel more comfortable riding closer to
the edge of pavement when there is no adjacent vertical fencing.
14
A 12-foot shared use path on the west side of the bridge could be widened
considerably to create an exceptional viewing platform where the bridge’s pillar
footings can support the added width. This image shows how that might look.
Bremerton
Steel bridge spans
The best view of the Olympic Mountains
is situated here, on the reinforced
concrete section of the bridge
15
The final draft SR-303 Corridor Study adopted
a roundabout concept for the north end of
the Warren Avenue Bridge. With or without
a roundabout, neighborhood connectivity is
significantly better using the west side of the
bridge than the east side since existing non-
motorized infrastructure extends NE and NW
as well as south to Lebo Blvd. Clare Avenue
obstructs northward movements from the
bridge with a roundabout or without. Usage
will be much greater on the west side of the
bridge under any scenario or phase of
construction. A shared use path on the west
side of the bridge should be substantially
wider than the east side.
Existing Infrastructure Clare Ave.ClareLeb
o
B
l
v
d
Callaha
n
D
ri
v
e
Support for a shared use path on only the
west side of the Warren Avenue Bridge.
The City of Bremerton paid the firm Exeltech to evaluate engineering solutions to help Olympic College
Students safely cross Warren Avenue in 2016. The introduction to the study report states, “Warren Avenue
has a high volume of daily traffic. Olympic College resides at the south end of the Warren Avenue Bridge and
utilizes building facilities on both sides of Warren Avenue. Students and local pedestrians currently cross
Warren Avenue at 16th street signal or at unmarked crossings. There currently is a safety concern due to the
high traffic volume and limited pedestrian crossing locations and time.”
A year later, the City of Bremerton and Olympic College shared costs for a $50,000 study to develop a
“frontage concept” along adjacent SR-303, hopefully to include a safer way to cross Warren Avenue. OC
President Marty Cavalluzzi is quoted as saying it was “uncomfortable, at the least, for students to cross
SR-303”. None of the three Exeltech suggestions were adopted due to aesthetic and practical considerations.
The City adopted a tunnel concept for crossing under Warren Avenue during the 2020 SR-303 Corridor Study.
Users crossing Warren Avenue through a tunnel located at RotoVista Park could do so safely without waiting
for traffic lights or interacting in any way with vehicular traffic on Warren Avenue.
The need for a safe crossing in this location is greater now than when the initial study was requested 5 years
ago, and the need will become greater still as traffic increases. Unfortunately, this project was given a priority
of phase 12 of 12 phases in the SR-303 Corridor plan - possibly moving its construction 20 years out. Even
after a roundabout at the north end of the bridge is constructed (during phase 9 of 12), a tunnel under
Warren Avenue at the south end of the bridge will be needed to allow everyone, on either side of Warren
Avenue at Olympic College, to access Callahan Drive and the North-South Bike-Pedestrian Corridor safely.
Support for a tunnel under Warren Avenue at Olympic College
The proposed tunnel is not just a local Olympic
College safety issue, it is integral to the
success of non-motorized connectivity across
the retrofitted Warren Avenue Bridge, which
is phase 1 of 12. The tunnel is necessary to
assure safe community access to and from the
bridge. There is little benefit to a bridge
shared use path otherwise.
Bridge improvements may only show increased
use by pedestrians and cyclists when
accompanied by low stress access to both ends
of the bridge from surrounding communities.
The urgent need for a safe crossing of Warren
Avenue at Olympic College was already a high
priority before the SR-303 Corridor Study
began. Tunnel construction is a high priority,
not least because a shared use paths on the
bridge will increase non-motorized usage. The
fastest and shortest route to PSNS for
commuters north of the Warren Avenue bridge
will be through this tunnel. This route has 20%
less elevation gain than riding through
Manette.
Ped tunnel under Warren at S bridge approach, and RABs N of Riddell Tunnel
phase 12
Bridge
phase 1
Roundabout
phase 9
SR-303 Corridor Project Priority List.
Lights
in tunnel
9th Street Bridge Tunnel, Boise Idaho
Four one-way vehicle lanes and two sidewalks above
A tunnel under Warren Avenue at 18th street might
resemble this shared use path in Idaho.
19
This simpler tunnel under Highway 19 in Port
Townsend is part of the Larry Scott Trail.
20
18th st.
Callahan
D
ri
v
e
Lebo Blvd Lower Wheaton Elizabeth AvenuePark Ave.Warren Ave.Clare Ave.Olympic College
Shared use path
Potential neighborhood greenway
Bremerton
Overview
Viewpoint
Roto-Vista Park
A shared use path on the west side of the
Warren Avenue bridge, a tunnel under Warren
Avenue, and a shared use path in the
Callahan underpass provide the foundation
for a north-south bike and pedestrian corridor
linking north Bremerton to Downtown
21
21
AMENDED AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: March 24, 2021
Master Services and Purchasing Agreement
with Axon Enterprise, Inc. for Body Cameras
and In-Car Recording Equipment for the
Police Department
COUNCIL MEETING Date: April 7, 2021
Department: Police
Presenter: Tom Wolfe
Phone: 360.473.5481
SUMMARY: The Bremerton Police Department requests approval to purchase fifty (50) body
cameras and in-car recording equipment. Body-worn cameras can serve both the department and
the community as an accountability function.
They wish to purchase the equipment from Axon Enterprises, Inc., a participating contractor on the
State of Washington’s NASPO list of contracts, No. OK-MA-145-015.
ATTACHMENTS: Axon Master Services and Purchasing Agreement, Quote from Axon Enterprises
for Body-Worn Cameras, Quote from Axon Enterprises for In-Car Recording Equipment
FISCAL IMPACTS (Include Budgeted Amount): Purchase amount of $184,223.23 was approved in
BPD’s 2021 budget.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the agreement and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A7
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 1 of 17
This Master Services and Purchasing Agreement (“Agreement”) is between Axon Enterprise, Inc., a Delaware
corporation (“Axon”), and the agency on the Quote (“Agency”). This Agreement is effective as of the later of the
(a) last signature date on this Agreement or (b) signature date on the Quote (“Effective Date”). Axon and Agency
are each a “Party” and collectively “Parties”. This Agreement governs Agency’s purchase and use of the Axon
Devices and Services detailed in the Quote Appendix (“Quote”). It is the intent of the Parties that this Agreement
act as a master agreement governing all subsequent purchases by Agency for the same Axon products and services
in the Quote, and all such subsequent quotes accepted by Agency shall be also incorporated into this Agreement
by reference as a Quote. The Parties therefore agree as follows:
1 Definitions.
“Axon Cloud Services” means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch,
and interactions between Evidence.com and Axon Devices or Axon client software. Axon Cloud Service
excludes third-party applications, hardware warranties, and my.evidence.com.
“Axon Device” means all hardware provided by Axon under this Agreement.
“Quote” means an offer to sell and is only valid for devices and services on the quote at the specified prices.
Any terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior
credit approval. Changes in the deployment estimated ship date may change charges in the Quote.
Shipping dates are estimates only. Axon is not responsible for typographical errors in any offer by Axon,
and Axon reserves the right to cancel any orders resulting from such errors.
“Services” means all services provided by Axon under this Agreement, including software, Axon Cloud
Services, and professional services.
2 Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have
expired or have been terminated (“Term”).
All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans,
and TASER 7 plans begin after shipment of the applicable Axon Device. If Axon ships the Axon Device in
the first half of the month, the start date is the 1st of the following month. If Axon ships the Axon Device in
the second half of the month, the start date is the 15th of the following month. For purchases solely of Axon
Evidence subscriptions, the start date is the Effective Date. Each subscription term ends upon completion
of the subscription stated in the Quote (“Subscription Term”).
Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional
5 years (“Renewal Term”). For purchase of TASER 7 as a standalone, Axon may increase pricing to its
then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all
line items in the Quote up to 3% at the beginning of each year of the Renewal Term. New devices and
services may require additional terms. Axon will not authorize services until Axon receives a signed Quote
or accepts a purchase order, whichever is first.
3 Payment. Axon invoices upon shipment. Payment is due net 30 days from the invoice date. Payment
obligations are non-cancelable. Agency will pay invoices without setoff, deduction, or withholding. If Axon
sends a past due account to collections, Agency is responsible for collection and attorneys’ fees.
4 Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides
Axon a valid tax exemption certificate.
5 Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments
are FOB shipping point via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to
the common carrier. Agency is responsible for any shipping charges in the Quote.
6 Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as
provided by state or federal law.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 2 of 17
7 Warranty.
7.1 Hardware Limited Warranty. Axon warrants that Axon-manufactured Devices are free from
defects in workmanship and materials for 1 year from the date of Agency’s receipt, except Signal
Sidearm, which Axon warrants for 30 months from the date of Agency’s receipt. Axon warrants its
Axon-manufactured accessories for 90-days from the date of Agency’s receipt. Used conducted
energy weapon (“CEW”) cartridges are deemed to have operated properly. Extended warranties
run from the expiration of the 1-year hardware warranty through the extended warranty term. Non-
Axon manufactured D evices are not covered by Axon’s warranty. Agency should contact the
manufacturer for support of non-Axon manufactured Devices.
7.2 Claims. If Axon receives a valid warranty claim for an Axon manufactured Device during the
warranty term, Axon’s sole responsibility is to repair or replace the Device with the same or like
Device, at Axon’s option. A replacement Axon Device will be new or like new. Axon will warrant the
replacement Axon Device for the longer of (a) the remaining warranty of the original Axon Device
or (b) 90-days from the date of repair or replacement.
If Agency exchanges a device or part, the replacement item becomes Agency’s property, and the
replaced item becomes Axon’s property. Before delivering a Axon Device for service, Agency must
upload Axon Device data to Axon Evidence or download it and retain a copy. Axon is not
responsible for any loss of software, data, or other information contained in storage media or any
part of the Axon Device sent to Axon for service.
7.3 Spare Axon Devices. For qualified purchases, Axon may provide Agency a predetermined number
of spare Axon Devices as detailed in the Quote (“Spare Axon Devices”). Spare Axon Devices are
intended to replace broken or non-functioning units while Agency submits the broken on non-
functioning units , through Axon’s warranty return process. Axon will repair or replace the unit with
a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency
in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the
event Agency does not utilize Spare Axon Devices for the intended purpose. .
7.4 Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use
instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon;
(c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices
repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon
Devices with a defaced or removed serial number.
7.4.1 To the extent permitted by law, the above warranties and remedies are exclusive.
Axon disclaims all other warranties, remedies, and conditions, whether oral, written,
statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed,
then such warranties are limited to the duration of the warranty described above and
by the provisions in this Agreement.
7.4.2 Axon’s cumulative liability to any Party for any loss or damage resulting from any
claim, demand, or action arising out of or relating to any Axon Device or Service will
not exceed the purchase price paid to Axon for the Axon Device, or if for Services,
the amount paid for such Services over the 12 months preceding the claim. Neither
Party will be liable for direct, special, indirect, incidental, punitive or consequential
damages, however caused, whether for breach of warranty or contract, negligence,
strict liability, tort or any other legal theory.
8 Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel
Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables
(“SOW”). In the event Axon provides an SOW to Agency, Axon is only responsible to perform Services
described in the SOW. Additional services are out of scope. The Parties must document scope changes in
a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The
SOW is incorporated into this Agreement by reference.
9 Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 3 of 17
10 Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency
or making the same change to Axon Devices and Services previously purchased by Agency.
11 Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of
Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the
Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle.
12 Insurance. Axon will maintain, at Axon’s own expense and in effect during the Term, and 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. Commercial General Liability insurance for Taser 7 may be written on a
claims-made basis. 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. Cyber Liability insurance with limits not less than $1,000,000 limit per occurrence or 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.
The Agency shall be named as an additional insured on the Commercial General Liability insurance policy,
as respects work performed by or on behalf of Axon. Axon’s insurance shall be primary and non-
contributory insurance as respects the Agency and shall contain a waiver of subrogation against the Agency
for claims arising out of any operations, liabilities and obligations to which coverage applies.
13 Indemnification. Axon will indemnify Agency’s officers, directors, and employees (“Agency Indemnitees”)
against all claims, demands, losses, and reasonable expenses arising out of a third-party claim against an
Agency Indemnitee resulting from any negligent act, error or omission, or willful misconduct by Axon under
this Agreement, except to the extent of Agency’s negligence or willful misconduct, or claims under workers
compensation.
14 IP Rights. Axon owns and reserves all right, title, and interest in Axon devices and services and suggestions
to Axon, including all related intellectual property rights. Agency will not cause any Axon proprietary rights
to be violated.
15 IP Indemnification. Axon will indemnify Agency Indemnitees against all claims, losses, and reasonable
expenses from any third-party claim alleging that the use of Axon Devices or Services infringes or
misappropriates the third-party’s intellectual property rights. Agency must promptly provide Axon with
written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and
cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations
do not apply to claims based on (a) modification of Axon Devices or Services by Agency or a third-party not
approved by Axon; (b) use of Axon Devices and Services in combination with hardware or services not
approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d)
use of Axon software that is not the most current release provided by Axon.
16 Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this
Agreement or violation of applicable law by Agency or an Agency end user; and (c) a dispute between
Agency and a third-party over Agency’s use of Axon Devices.
17 Termination.
17.1 For Breach. A Party may terminate this Agreement for cause if it provides 30 days written notice
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 4 of 17
of the breach to the other Party, and the breach remains uncured at the end of 30 days. If Agency
terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a
prorated basis based on the effective date of termination.
17.2 By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees,
Agency may terminate this Agreement. Agency will deliver notice of termination under this section
as soon as reasonably practicable.
17.3 Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate.
Agency remains responsible for all fees incurred before the effective date of termination. If Agency
purchases Axon Devices for less than the manufacturer’s suggested retail price (“MSRP”) and this
Agreement terminates before the end of the Term, Axon will invoice Agency the difference between
the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid
towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon
Devices to Axon within 30 days of termination. MSRP is the standalone price of the individual Axon
Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual
components.
18 Confidentiality. “Confidential Information” means nonpublic information designated as confidential or,
given the nature of the information or circumstances surrounding disclosure, should reasonably be
understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination,
or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will
disclose the other Party’s Confidential Information during the Term and for 5-years thereafter. Axon pricing
is Confidential Information and competition sensitive. If Agency is required by law to disclose Axon pricing,
to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly
announce information related to this Agreement.
19 General.
19.1 Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond
a Party’s reasonable control.
19.2 Independent Contractors. The Parties are independent contractors. Neither Party has the
authority to bind the other. This Agreement does not create a partnership, franchise, joint venture,
agency, fiduciary, or employment relationship between the Parties.
19.3 Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.
19.4 Non-Discrimination. Neither Party nor its employees will discriminate against any person based
on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth;
breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual
orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran
status; or any class protected by local, state, or federal law.
19.5 Export Compliance. Each Party will comply with all import and export control laws and regulations.
19.6 Assignment. Neither Party may assign this Agreement without the other Party’s prior written
consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an
affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization,
or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective
successors and assigns.
19.7 Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes
a waiver of that right.
19.8 Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or
unenforceable, the remaining portions of this Agreement will remain in effect.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 5 of 17
19.9 Survival. The following sections will survive termination: Payment, Warranty, Axon Device
Warnings, Indemnification, IP Rights, and Agency Responsibilities.
19.10 Governing Law. The laws of the state where Agency is physically located, without reference to
conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations
Convention for the International Sale of Goods does not apply to this Agreement.
19.11 Notices. All notices must be in English. Notices posted on Agency’s Axon Evidence site are
effective upon posting. Notices by email are effective on the sent date of the email. Notices by
personal delivery are effective immediately. Contact information for notices:
Axon: Axon Enterprise, Inc. Agency:
Attn: Legal Attn:
17800 N. 85th Street Street Address
Scottsdale, Arizona 85255 City, State, Zip
legal@axon.com Email
19.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the
entire agreement between the Parties. This Agreement supersedes all prior agreements or
understandings, whether written or verbal, regarding the subject matter of this Agreement. This
Agreement may only be modified or amended in a writing signed by the Parties.
Each representative identified below declares they have been expressly authorized to execute this Agreement as
of the date of signature.
Axon Enterprise, Inc. Agency
Signature:
Signature:
Name: Name:
Title:
Title:
Date:
Date:
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
VP, Assoc. General Counsel
3/16/2021 | 1:33 PM MST
Robert Driscoll
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 6 of 17
Axon Cloud Services Terms of Use Appendix
1 Definitions.
“Agency Content” is data uploaded into, ingested by, or created in Axon Cloud Services within
Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency.
Agency Content includes Evidence but excludes Non-Content Data.
“Evidence” is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency.
Evidence is a subset of Agency Content.
“Non-Content Data” is data, configuration, and usage information about Agency’s Axon Cloud
Services tenant, Axon Devices and client software, and users that is transmitted or generated when
using Axon Devices. Non-Content Data includes data about users captured during account
management and customer support activities. Non-Content Data does not include Agency Content.
“Personal Data” means any information relating to an identified or identifiable natural person. An
identifiable natural person is one who can be identified, directly or indirectly, in particular by
reference to an identifier such as a name, an identification number, location data, an online identifier
or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural
or social identity of that natural person.
2 Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access
and use Axon Cloud Services to store and manage Agency Content. Agency may not exceed more
end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each
drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store
and manage TASER CEW and TASER CAM data (“TASER Data”). Agency may not upload non-
TASER Data to Axon Evidence Lite.
3 Agency Owns Agency Content. Agency controls and owns all right, title, and interest in Agency
Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency
Content are not business records of Axon. Agency is solely responsible for uploading, sharing,
managing, and deleting Agency Content. Axon will have limited access to Agency Content solely
for providing and supporting Axon Cloud Services to Agency and Agency end users.
4 Security. Axon will implement commercially reasonable and appropriate measures to secure
Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a
comprehensive information security program to protect Axon Cloud Services and Agency Content
including logical, physical access, vulnerability, risk, and configuration management; incident
monitoring and response; encryption of uploaded digital evidence; security education; and data
protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information
Services Security Addendum.
5 Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content;
(b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud
Services violates this Agreement or applicable laws; and (c) maintaining necessary computer
equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of
any violation of this Agreement by an end user, Agency will immediately terminate that end user’s
access to Axon Cloud Services.
Agency will also maintain the security of end user names and passwords and security and access
by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization
of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell,
transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately
if an unauthorized party may be using Agency’s account or Agency Content, or if account
information is lost or stolen.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 7 of 17
To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be
governed by the YouTube Terms of Service, available at
https://www.youtube.com/static?template=terms.
6 Privacy. Axon will not disclose Agency Content or information about Agency except as compelled
by a court or administrative body or required by law or regulation. If Axon receives a disclosure
request for Agency Content, Axon will give Agency notice, unless legally prohibited from doing so,
to allow Agency to file an objection with the court or administrative body. Agency agrees to allow
Axon access to certain information from Agency to (a) perform troubleshooting services upon
request or as part of regular diagnostic screening; (b) enforce this Agreement or policies governing
the use of Axon Evidence; or (c) perform analytic and diagnostic evaluations of the systems.
7 Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location
services where GPS/GNSS signals may not be available, for instance, within buildings or
underground. Agency administrators can manage their choice to use this service within the
administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must
also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see
this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon
Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content
and Personal Data will be sent to Skyhook Holdings, Inc. (“Skyhook”) to facilitate the Wi-Fi
Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud
Services Privacy Policy and is subject to the Skyhook Services Privacy Policy.
8 Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in
Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon
Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon
may place Agency Content that Agency has not viewed or accessed for 6 months into archival
storage. Agency Content in archival storage will not have immediate availability and may take up
to 24 hours to access.
9 Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage.
Axon will determine the locations of data centers for storage of Agency Content. For United States
agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the
United States. Ownership of Agency Content remains with Agency.
10 Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use
any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of
or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any
third-party; (b) adversely impact Axon Cloud Services , the systems, or content of any other
customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent.
Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency
Content because of suspension, except as specified in this Agreement.
11 Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data
corruption or errors before Agency uploads data to Axon Cloud Services.
12 Axon Records. Axon Records is the software-as-a-service product that is generally available at
the time Agency purchases an OSP 7 bundle. During Agency’s Axon Records Subscription Term,
Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available
basis.
An “Update” is a generally available release of Axon Records that Axon makes available from time
to time. An “Upgrade” includes (i) new versions of Axon Records that enhance features and
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Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 8 of 17
functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide
additional features or perform additional functions. Upgrades exclude new products that Axon
introduces and markets as distinct products or applications.
New or additional Axon products and applications, as well as any Axon professional services
needed to configure Axon Records, are not included. If Agency purchases Axon Records as part
of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that
bundled offering, or (2) date Axon provisions Axon Records to Agency.
13 Axon Cloud Services Restrictions. Agency and Agency end users (including employees,
contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:
13.1 copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud
Services;
13.2 reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process
to derive any source code included in Axon Cloud Services, or allow others to do the same;
13.3 access or use Axon Cloud Services with the intent to gain unauthorized access, avoid
incurring fees or exceeding usage limits or quotas;
13.4 use trade secret information contained in Axon Cloud Services, except as expressly
permitted in this Agreement;
13.5 access Axon Cloud Services to build a competitive device or service or copy any features,
functions, or graphics of Axon Cloud Services;
13.6 remove, alter, or obscure any confidentiality or proprietary rights notices (including
copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud
Services; or
13.7 use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or
tortious material; to store or transmit material in violation of third-party privacy rights; or to
store or transmit malicious code.
14 After Termination. Axon will not delete Agency Content for 90-days following termination. There
will be no functionality of Axon Cloud Services during these 90-days other than the ability to retrieve
Agency Content. Agency will not incur additional fees if Agency downloads Agency Content from
Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency
Content after these 90-days and will thereafter, unless legally prohibited, delete all Agency Content.
Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all
Agency Content from Axon Cloud Services.
15 Post-Termination Assistance. Axon will provide Agency with the same post-termination data
retrieval assistance that Axon generally makes available to all customers. Requests for Axon to
provide additional assistance in downloading or transferring Agency Content, including requests
for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee
data integrity or readability in the external system.
16 U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services
on behalf of a U.S. Federal department, Axon Cloud Services is provided as a “commercial item,”
“commercial computer software,” “commercial computer software documentation,” and “technical
data”, as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation
Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these
terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law,
Agency will immediately discontinue use of Axon Cloud Services.
17 Survival. Upon any termination of this Agreement, the following sections in this Appendix will
survive: Agency Owns Agency Content, Storage, Axon Cloud Services Warranty, and Axon Cloud
Services Restrictions.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 9 of 17
Professional Services Appendix
1 Utilization of Services. Agency must use professional services as outlined in the Quote and this
Appendix within 6 months of the Effective Date.
2 Body-Worn Camera Starter Service (BWC Starter). BWC Starter includes advance remote
project planning and configuration support and one day of on-site Services and a professional
services manager to work closely with Agency to assess Agency’s deployment and determine
which Services are appropriate. If Agency requires more than 1 day of on-site Services, Agency
must purchase additional on-site Services. The BWC Starter options include:
System set up and configuration (Remote Support)
• Instructor-led setup of Axon View on smartphones (if applicable)
• Configure categories & custom roles based on Agency need
• Troubleshoot IT issues with Axon Evidence and Axon Dock (“Dock”) access
Dock configuration
• Work with Agency to decide the ideal location of Dock setup and set configurations on Dock
• Authenticate Dock with Axon Evidence using “Administrator” credentials from Agency
• Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence
training needs after Axon’s has fulfilled its contracted on-site obligations
End user go-live training and support sessions
• Assistance with device set up and configuration
• Training on device use, Axon Evidence, and Evidence Sync
Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample
policies, and categories & roles guide
3 Body-Worn Camera Virtual 1-Day Service (BWC Virtual). BWC Virtual includes all items in the
BWC Starter Service Package, except one day of on-site services.
4 Out of Scope Services. Axon is only responsible to perform the professional services described
in the Quote and this Appendix. Any additional professional services are out of scope. The Parties
must document scope changes in a written and signed change order. Changes may require an
equitable adjustment in the charges or schedule.
5 Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m.,
except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not
charge Agency travel time by Axon personnel to Agency premises as work hours.
6 Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant
Agency computers and networks, solely for performing the Services. Axon will work to identify as
soon as reasonably practicable resources and information Axon expects to use and will provide an
initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems,
delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and
consistency of all data, materials, and information supplied by Agency.
7 Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for
the Axon Devices (“User Documentation”). User Documentation will include all required
environmental specifications for the professional Services and Axon Devices to operate per the
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Master Services and Purchasing Agreement
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Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 10 of 17
Axon Device User Documentation. Before installation of Axon Devices (whether performed by
Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed
(“Installation Site”) per the environmental specifications in the Axon Device User Documentation.
Following installation, Agency must maintain the Installation Site per the environmental
specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this
Agreement, Axon will provide the update to Agency when Axon generally releases it. If Axon
modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will
provide the update to Agency when Axon generally releases it
8 Acceptance. When Axon completes professional Services, Axon will present an acceptance form
(“Acceptance Form”) to Agency. Agency will sign the Acceptance Form acknowledging
completion. If Agency reasonably believes Axon did not complete the professional Services in
substantial conformance with this Agreement, Agency must notify Axon in writing of the specific
reasons for rejection within 7 calendar days from delivery of the Acceptance Form. Axon will
address the issues and re-present the Acceptance Form for signature. If Axon does not receive the
signed Acceptance Form or written notification of reasons for rejection within 7 calendar days of
delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional
Services.
9 Agency Network. For work performed by Axon transiting or making use of Agency’s network,
Agency is solely responsible for maintenance and functionality of the network. In no event will Axon
be liable for loss, damage, or corruption of Agency’s network from any cause.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 11 of 17
Technology Assurance Plan Appendix
If Technology Assurance Plan (“TAP”) or a bundle including TAP is on the Quote, this appendix applies.
1 TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the 1-year
Hardware Limited Warranty.
2 Officer Safety Plan. If Agency purchases an Officer Safety Plan (“OSP”), Agency will receive the
deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and
accessories as soon as available from Axon.
3 OSP 7 Term. OSP 7 begins after Axon ships the Axon Body 3 or TASER 7 hardware to Agency. If
Axon ships in the first half of the month, OSP 7 starts the 1st of the following month. If Axon ships
in the second half of the month, OSP 7 starts the 15th of the following month (“OSP 7 Term”).
4 TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon
will provide Agency a new Axon body-worn camera (“BWC Upgrade”) as scheduled in the Quote.
If Agency purchased TAP Axon will provide a BWC Upgrade that is the same or like Axon Device,
at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or
Axon Dock.
5 TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon
will provide Agency a new Axon Dock as scheduled in the Quote (“Dock Upgrade”). Accessories
associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will
only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC
compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a
single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency
originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that
is the same or like Axon Device, at Axon’s option.
6 Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without
prior confirmation from Agency unless the Parties agree in writing otherwise at least 90 days in
advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote 60 days
before the end of the Subscription Term without prior confirmation from Agency.
7 Upgrade Change. If Agency wants to change Axon Device models for the offered BWC or Dock
Upgrade, Agency must pay the price difference between the MSRP for the offered BWC or Dock
Upgrade and the MSRP for the model desired. If the model Agency desires has an MSRP less than
the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The
MSRP is the MSRP in effect at the time of the upgrade.
8 Return of Original Axon Device. Within 30 days of receiving a BWC or Dock Upgrade, Agency
must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate
of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not
return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices
received by Agency.
9 Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than 30 days past due,
Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:
9.1 TAP and OSP coverage terminate as of the date of termination and no refunds will be
given.
9.2 Axon will not and has no obligation to provide the Upgrade Models.
9.3 Agency must make any missed payments due to the termination before Agency may
purchase any future TAP or OSP.
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Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
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TASER 7 Appendix
This TASER 7 Appendix applies to Agency’s TASER 7, OSP 7, or OSP 7 Plus purchase from Axon.
1 Duty Cartridge Replenishment Plan. If the Quote includes “Duty Cartridge Replenishment
Plan”, Agency must purchase the plan for each CEW user. A CEW user includes officers that use
a CEW in the line of duty and those that only use a CEW for training. Agency may not resell
cartridges received. Axon will only replace cartridges used in the line of duty.
2 Training. If the Quote includes a training voucher, Agency must use the voucher within 1 year of
issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the
start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange
it for another device or service. Unless stated in the Quote, the voucher does not include travel
expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual
Reality Content Empathy Development for Autism/Schizophrenia (collectively, “Training
Content”), Agency may access Training Content. Axon will deliver all Training Content
electronically.
3 Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage
period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus
the 4-year extended term.
4 Trade-in. If the Quote contains a discount on CEW-related line items, including items related to
OSP, then that discount may only be applied as a trade-in credit, and Agency must return used
hardware and accessories associated with the discount (“Trade-In Units”) to Axon. Agency must
ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not
receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-
in credit. Agency may not destroy Trade-In Units and receive a trade-in credit.
Agency Size Days to Return from Start Date of TASER 7 Subscription
Less than 100 officers 30 days
100 to 499 officers 90 days
500+ officers 180 days
5 TASER 7 Subscription Term. The TASER 7 Subscription Term for a standalone TASER 7
purchase begins on shipment of the TASER 7 hardware. The TASER 7 Subscription Term for OSP
7 begins on the OSP 7 Start date.
6 Access Rights. Upon Axon granting Agency a TASER 7 Axon Evidence subscription, Agency may
access and use Axon Evidence for the storage and management of data from TASER 7 CEW
devices during the TASER 7 Subscription Term. Agency may not upload any non-TASER 7 data
or any other files to Axon Evidence. Agency may not exceed the number of end users than the
Quote specifies.
7 Privacy. Axon will not disclose Agency Content or any information about Agency except as
compelled by a court or administrative body or required by any law or regulation. Axon will give
notice if any disclosure request is received for Agency Content, so Agency may file an objection
with the court or administrative body. Agency acknowledges and agrees that Axon may access
Agency Content to: (a) perform troubleshooting services upon request or as part of Axon’s
maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of
Axon Evidence; (c) generate aggregated data, excluding information that can be used to distinguish
or trace an individual's identity, either alone or when combined with other personal or identifying
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Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 13 of 17
information that is linked or linkable to a specific individual (collectively, “PII”), to improve, analyze,
support, and operate Axon’s current and future devices and services.
8 Termination. If payment for TASER 7 is more than 30 days past due, Axon may terminate
Agency’s TASER 7 plan by notifying Agency. Upon termination for any reason, then as of the
date of termination:
8.1 TASER 7 extended warranties and access to Training Content will terminate. No refunds
will be given.
8.2 Axon will invoice Agency the remaining MSRP for TASER 7 products received before
termination. If terminating for non-appropriations, Axon will not invoice Agency if Agency
returns the CEW, rechargeable battery, holster, dock, core, training suits, and unused
cartridges to Axon within 30 days of the date of termination.
8.3 Agency will be responsible for payment of any missed payments due to the termination
before being allowed to purchase any future TASER 7 plan.
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Department: Legal
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Axon Auto-Tagging Appendix
1 Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to
interact with Agency’s Computer-Aided Dispatch (“CAD”) or Records Management Systems (“RMS”).
This allows end users to auto-populate Axon video meta-data with a case ID, category, and location-
based on data maintained in Agency’s CAD or RMS.
2 Support. For thirty days after completing Auto-Tagging Services, Axon will provide up to 5 hours
of remote support at no additional charge. Axon will provide free support due to a change in Axon
Evidence, so long as long as Agency maintains an Axon Evidence and Auto-Tagging subscription.
Axon will not provide support if a change is required because Agency changes its CAD or RMS.
3 Changes. Axon is only responsible to perform the Services in this Appendix. Any additional
Services are out of scope. The Parties must document scope changes in a written and signed
change order. Changes may require an equitable adjustment in fees or schedule.
4 Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to:
4.1 Make available relevant systems, including Agency’s current CAD or RMS, for assessment
by Axon (including remote access if possible);
4.2 Make required modifications, upgrades or alterations to Agency’s hardware, facilities,
systems and networks related to Axon’s performance of Auto-Tagging Services;
4.3 Provide access to the premises where Axon is performing Auto-Tagging Services, subject
to Agency safety and security restrictions, and allow Axon to enter and exit the premises
with laptops and materials needed to perform Auto-Tagging Services;
4.4 Provide all infrastructure and software information (TCP/IP addresses, node names,
network configuration) necessary for Axon to provide Auto-Tagging Services;
4.5 Promptly install and implement any software updates provided by Axon;
4.6 Ensure that all appropriate data backups are performed;
4.7 Provide assistance, participation, and approvals in testing Auto-Tagging Services;
4.8 Provide Axon with remote access to Agency’s Axon Evidence account when required;
4.9 Notify Axon of any network or machine maintenance that may impact the performance of
the module at Agency; and
4.10 Ensure reasonable availability of knowledgeable staff and personnel to provide timely,
accurate, complete, and up-to-date documentation and information to Axon.
5 Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network
systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently
to identify as soon as reasonably practicable resources and information Axon expects to use and
will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems,
delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and
consistency of all data, materials, and information supplied by Agency.
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Department: Legal
Version: 12.0
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Axon Fleet Appendix
1 Agency Responsibilities. Agency must ensure its infrastructure and vehicles adhere to the
minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, “Axon Fleet”) as
established by Axon during the qualifier call and on-site assessment at Agency and in any technical
qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to change.
2 Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with
Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the
Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact
Cradlepoint directly.
3 Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per
specifications if such failure results from installation not performed by, or as directed by Axon.
4 Wireless Offload Server.
4.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual
license to use Wireless Offload Server (“WOS”). “Use” means storing, loading, installing,
or executing WOS solely for data communication with Axon Devices for the number of
licenses purchased. The WOS term begins upon the start of the Axon Evidence
Subscription.
4.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative
works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process
to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid
incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade
secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access
WOS to build a competitive device or service or copy any features, functions or graphics
of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices
(including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS.
4.3 Updates. If Agency purchases WOS maintenance, Axon will make updates and error
corrections to WOS (“WOS Updates”) available electronically via the Internet or media as
determined by Axon. Agency is responsible for establishing and maintaining adequate
Internet access to receive WOS Updates and maintaining computer equipment necessary
for use of WOS. The Quote will detail the maintenance term.
4.4 WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s
store and forward servers solely for troubleshooting and maintenance.
5 Axon Vehicle Software.
5.1 License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual
license to use ViewXL or Dashboard (collectively, “Axon Vehicle Software”.) “Use” means
storing, loading, installing, or executing Axon Vehicle Software solely for data
communication with Axon Devices. The Axon Vehicle Software term begins upon the start
of the Axon Evidence Subscription.
5.2 Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative
works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon
Vehicle Software, apply any process to derive the source code of Axon Vehicle Software,
or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees
or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade
secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense
Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or
service or copy any features, functions or graphics of Axon Vehicle Software; or (h)
remove, alter or obscure any confidentiality or proprietary rights notices (including copyright
and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 16 of 17
6 Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the
“Fleet Technology Assurance Plan” (Fleet TAP), Axon will provide Agency with the same or like
model of Fleet hardware (“Fleet Upgrade”) as schedule on the Quote.
If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference
between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The
MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of
previously installed hardware and installation of the Axon Fleet Upgrade.
Within 30 days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices
to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including
serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon
Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency.
7 Privacy. Axon will not disclose Agency Content or any information about Agency except as
compelled by a court or administrative body or required by any law or regulation. Axon will give
notice if any disclosure request is received for Agency Content, so Agency may file an objection
with the court or administrative body. Agency acknowledges and agrees that Axon may access
Agency Content to: (a) perform troubleshooting services upon request or as part of Axon’s
maintenance or diagnostic screenings; (b) enforce this Agreement or policies governing use of
Axon Evidence; (c) generate aggregated data, excluding information that can be used to distinguish
or trace an individual's identity, either alone or when combined with other personal or identifying
information that is linked or linkable to a specific individual (collectively, “PII”), to improve, analyze,
support, and operate Axon’s current and future devices and services.
8 Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon
any termination:
8.1 Axon Fleet subscription coverage terminates, and no refunds will be given.
8.2 Axon will not and has no obligation to provide the Axon Fleet Upgrade.
8.3 Agency will be responsible for payment of any missed payments due to the termination
before being allowed to purchase any future Fleet TAP.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Master Services and Purchasing Agreement
Title: Master Services and Purchasing Agreement between Axon and Agency
Department: Legal
Version: 12.0
Release Date: 12/18/2020 Page 17 of 17
Axon Respond Appendix
This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus.
1 Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled
offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled
offering, or (2) date Axon provisions Axon Respond to Agency.
If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the
later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following
the Effective Date.
The Axon Respond subscription term will end upon the completion of the Axon Evidence
Subscription associated with Axon Respond.
2 Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time
situational awareness during critical incidents to improve officer safety, effectiveness, and
awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate good-
faith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s
needs.
3 Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE
enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the
coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United
States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE
service. Axon may change LTE carriers during the Term without Agency’s consent.
4 Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3
system configured with LTE modem and service. Agency is responsible for providing LTE service
for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier.
5 Axon Respond Service Limitations. Agency acknowledges that LTE service is made available
only within the operating range of the networks. Service may be temporarily refused, interrupted,
or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric,
terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system
overcapacity, movement outside a service area or gaps in coverage in a service area and other
causes reasonably outside of the carrier’s control such as intentional or negligent acts of third
parties that damage or impair the network or disrupt service; or (c) equipment modifications,
upgrades, relocations, repairs, and other similar activities necessary for the proper or improved
operation of service.
With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no
warranties or representations as to the availability or quality of roaming service provided by carrier
partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of
carrier partner networks. Agency expressly understands and agrees that it has no contractual
relationship whatsoever with the underlying wireless service provider or its affiliates or contractors
and Agency is not a third-party beneficiary of any agreement between Axon and the underlying
carrier.
6 Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or
bundles that include Axon Respond, Axon will end Aware services, including any Axon-provided
LTE service.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Bremerton Police Dept. -WA
ISSUED
3/12/2021
AXON SALES REPRESENTATIVE
Robbie Taylor
(480) 502-6274
rtaylor@axon.com
Q-290737-44267.883RT
1
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Payment Terms: Net 30
Delivery Method: Fedex -Ground
Q-290737-44267.883RT
Year 1 -Core
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Axon Plans & Packages
20248 TASER 7 EVIDENCE.COM ACCESS LICENSE 60 1 0.00 0.00 0.00
73746 PROFESSIONAL EVIDENCE.COM LICENSE 60 50 0.00 0.00 0.00
73686 EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE 60 50 0.00 0.00 0.00
73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 60 150 0.00 0.00 0.00
20248 TASER 7 EVIDENCE.COM ACCESS LICENSE 60 50 0.00 0.00 0.00
20246 TASER 7 DUTY CARTRIDGE REPLACEMENT
ACCESS LICENSE 60 50 0.00 0.00 0.00
73449 RESPOND DEVICE LICENSE 60 50 0.00 0.00 0.00
73682 AUTO TAGGING LICENSE 60 50 0.00 0.00 0.00
73746 PROFESSIONAL EVIDENCE.COM LICENSE 60 9 0.00 0.00 0.00
73686 EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE 60 9 0.00 0.00 0.00
73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 60 36 0.00 0.00 0.00
73449 RESPOND DEVICE LICENSE 60 9 0.00 0.00 0.00
73682 AUTO TAGGING LICENSE 60 9 0.00 0.00 0.00
Hardware
20160 TASER 7 HOLSTER -SAFARILAND, RH+CART
CARRIER 50 0.00 0.00 0.00
Issued: 03/12/2021
Quote Expiration: 06/15/2021
Account Number: 107761
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
Phone: (800) 978-2737
Protect Life.
PRIMARY CONTACT
Randy Plumb
Phone: (360) 473-5974
Email: randy.plumb@ci.bremerton.wa.us
BILL TO
Bremerton Police Dept. -WA
1025 Burwell Street
Bremerton, WA 98337
US
SHIP TO
Randy Plumb
Bremerton Police Dept. -WA
1025 Burwell Street
Bremerton, WA 98337
US
SALES REPRESENTATIVE
Robbie Taylor
Phone: (480) 502-6274
Email: rtaylor@axon.com
Fax:
Q-290737-44267.883RT
2
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Year 1 -Core (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware (Continued)
75015 SIGNAL SIDEARM KIT 50 0.00 0.00 0.00
70112 AXON SIGNAL UNIT 8 0.00 0.00 0.00
20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY
(GREEN LASER), CLASS 3R 50 0.00 0.00 0.00
20040 TASER 7 HANDLE WARRANTY, 4-YEAR 50 0.00 0.00 0.00
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 150 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 150 0.00 0.00 0.00
73202 AXON BODY 3 -NA10 50 0.00 0.00 0.00
71044 BATTERY, SIGNAL SIDEARM, CR2430
SINGLE PACK 100 0.00 0.00 0.00
70033 WALL MOUNT BRACKET, ASSY,
EVIDENCE.COM DOCK 8 0.00 0.00 0.00
74210 AXON BODY 3 -8 BAY DOCK 8 0.00 0.00 0.00
22179 TASER 7 INERT CARTRIDGE, STANDOFF
(3.5-DEGREE) NS 50 0.00 0.00 0.00
22181 TASER 7 INERT CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 50 0.00 0.00 0.00
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 0.00 0.00 0.00
22177 TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, STANDOFF NS 100 0.00 0.00 0.00
22178 TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, CLOSE QUART NS 100 0.00 0.00 0.00
20018 TASER 7 BATTERY PACK, TACTICAL 60 0.00 0.00 0.00
20041 TASER 7 BATTERY PACK WARRANTY, 4-
YEAR 60 0.00 0.00 0.00
20042 TASER 7 DOCK & CORE WARRANTY, 4-
YEAR 1 0.00 0.00 0.00
70033 WALL MOUNT BRACKET, ASSY,
EVIDENCE.COM DOCK 1 0.00 0.00 0.00
74200 TASER 7 6-BAY DOCK AND CORE 1 0.00 0.00 0.00
11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 50 0.00 0.00 0.00
20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 0.00 0.00 0.00
80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X
75 IN., TASER 7 1 0.00 0.00 0.00
Protect Life.Q-290737-44267.883RT
3
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Year 1 -Core (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware (Continued)
74020 MAGNET MOUNT, FLEXIBLE, AXON
RAPIDLOCK 55 0.00 0.00 0.00
73202 AXON BODY 3 -NA10 9 699.00 699.00 6,291.00
74210 AXON BODY 3 -8 BAY DOCK 1 1,495.00 1,495.00 1,495.00
70033 WALL MOUNT BRACKET, ASSY,
EVIDENCE.COM DOCK 1 43.90 43.90 43.90
74020 MAGNET MOUNT, FLEXIBLE, AXON
RAPIDLOCK 10 0.00 0.00 0.00
11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 9 0.00 0.00 0.00
Other
20320 AXON CORE + PLAN WITH T7 CERT
HEADER 50 0.00 0.00 0.00
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 50 1,908.00 1,908.00 95,400.00
73827 AB3 CAMERA TAP WARRANTY 60 50 0.00 0.00 0.00
73828 AB3 8 BAY DOCK TAP WARRANTY 60 8 0.00 0.00 0.00
71019 NORTH AMER POWER CORD FOR AB3 8-
BAY, AB2 1-BAY / 6-BAY DOCK 8 0.00 0.00 0.00
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00
20119 TASER 7 MASTER INSTRUCTOR SCHOOL
VOUCHER 1 0.00 0.00 0.00
80087 TASER 7 TARGET, CONDUCTIVE,
PROFESSIONAL (RUGGEDIZED)1 0.00 0.00 0.00
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 9 1,068.00 1,068.00 9,612.00
73665 RESPOND DEVICE PAYMENT 12 9 60.00 60.00 540.00
73835 AUTO TAGGING LICENSE PAYMENT 12 9 108.00 108.00 972.00
73827 AB3 CAMERA TAP WARRANTY 60 9 0.00 0.00 0.00
73828 AB3 8 BAY DOCK TAP WARRANTY 60 1 0.00 0.00 0.00
71019 NORTH AMER POWER CORD FOR AB3 8-
BAY, AB2 1-BAY / 6-BAY DOCK 1 0.00 0.00 0.00
Services
80129 SIGNAL OR ROUTER ONLY INSTALLATION
(PER VEHICLE)8 0.00 0.00 0.00
79999 AUTO TAGGING / PERFORMANCE
IMPLEMENTATION SERVICE 1 0.00 0.00 0.00
85144 AXON STARTER 1 2,750.00 2,750.00 2,750.00
Protect Life.Q-290737-44267.883RT
4
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Year 1 -Core (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Services (Continued)
79999 AUTO TAGGING / PERFORMANCE
IMPLEMENTATION SERVICE 1 0.00 0.00 0.00
Subtotal 117,103.90
Estimated
Shipping 0.00
Estimated Tax 10,539.37
Total 127,643.27
Year 1 -Fleet
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Axon Plans & Packages
80410 FLEET, EVIDENCE LICENSE, 1 CAMERA
STORAGE, ACCESS 60 78 0.00 0.00 0.00
80400 FLEET, VEHICLE LICENSE, ACCESS 60 39 0.00 0.00 0.00
Hardware
72036 FLEET 3 STANDARD 2 CAMERA KIT 39 0.00 0.00 0.00
80486 EXT WARRANTY, FLEET 3, 2 CAMERA KIT, 4
YEARS 39 0.00 0.00 0.00
11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR
NETCLOUD 39 0.00 0.00 0.00
71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI,
1GNSS, BL 39 0.00 0.00 0.00
74110 FLEET ETHERNET CABLE, CAT6, 25 FT 39 0.00 0.00 0.00
Other
73391 FLEET 3 NEW INSTALLATION (PER
VEHICLE)39 0.00 0.00 0.00
80457 FLEET 3 BASIC PAYMENT 12 39 1,548.00 1,330.98 51,908.22
Subtotal 51,908.22
Estimated Tax 4,671.74
Total 56,579.96
Spares -BWC
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY
(GREEN LASER), CLASS 3R 1 0.00 0.00 0.00
73202 AXON BODY 3 -NA10 1 0.00 0.00 0.00
20040 TASER 7 HANDLE WARRANTY, 4-YEAR 1 0.00 0.00 0.00
74028 WING CLIP MOUNT, AXON RAPIDLOCK 1 0.00 0.00 0.00
Protect Life.Q-290737-44267.883RT
5
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Spares -BWC (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware (Continued)
11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 0.00 0.00 0.00
Other
73827 AB3 CAMERA TAP WARRANTY 60 1 0.00 0.00 0.00
Subtotal 0.00
Estimated Tax 0.00
Total 0.00
Year 2
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 0.00 0.00 0.00
Other
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 50 1,908.00 1,908.00 95,400.00
20119 TASER 7 MASTER INSTRUCTOR SCHOOL
VOUCHER 1 0.00 0.00 0.00
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00
80457 FLEET 3 BASIC PAYMENT 12 39 1,548.00 1,548.00 60,372.00
73835 AUTO TAGGING LICENSE PAYMENT 12 9 108.00 108.00 972.00
73665 RESPOND DEVICE PAYMENT 12 9 60.00 60.00 540.00
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 9 1,068.00 1,303.13 11,728.17
Subtotal 169,012.17
Estimated Tax 15,211.09
Total 184,223.26
Year 3
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 0.00 0.00 0.00
Protect Life.Q-290737-44267.883RT
6
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Year 3 (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware (Continued)
22177 TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, STANDOFF NS 100 0.00 0.00 0.00
22178 TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, CLOSE QUART NS 100 0.00 0.00 0.00
Other
73309 AXON CAMERA REFRESH ONE 50 0.00 0.00 0.00
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 50 1,908.00 1,908.00 95,400.00
73689 MULTI-BAY BWC DOCK 1ST REFRESH 8 0.00 0.00 0.00
20119 TASER 7 MASTER INSTRUCTOR SCHOOL
VOUCHER 1 0.00 0.00 0.00
73309 AXON CAMERA REFRESH ONE 1 0.00 0.00 0.00
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00
80457 FLEET 3 BASIC PAYMENT 12 39 1,548.00 1,548.00 60,372.00
73835 AUTO TAGGING LICENSE PAYMENT 12 9 108.00 108.00 972.00
73665 RESPOND DEVICE PAYMENT 12 9 60.00 60.00 540.00
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 9 1,068.00 1,303.13 11,728.17
73309 AXON CAMERA REFRESH ONE 9 0.00 0.00 0.00
73689 MULTI-BAY BWC DOCK 1ST REFRESH 1 0.00 0.00 0.00
Subtotal 169,012.17
Estimated Tax 15,211.09
Total 184,223.26
Year 4
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 0.00 0.00 0.00
Other
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 50 1,908.00 1,908.00 95,400.00
20119 TASER 7 MASTER INSTRUCTOR SCHOOL
VOUCHER 1 0.00 0.00 0.00
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00
80457 FLEET 3 BASIC PAYMENT 12 39 1,548.00 1,548.00 60,372.00
Protect Life.Q-290737-44267.883RT
7
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Year 4 (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Other (Continued)
73835 AUTO TAGGING LICENSE PAYMENT 12 9 108.00 108.00 972.00
73665 RESPOND DEVICE PAYMENT 12 9 60.00 60.00 540.00
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 9 1,068.00 1,303.13 11,728.17
Subtotal 169,012.17
Estimated Tax 15,211.09
Total 184,223.26
Year 5
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 0.00 0.00 0.00
Other
73310 AXON CAMERA REFRESH TWO 50 0.00 0.00 0.00
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 50 1,908.00 1,908.00 95,400.00
73688 MULTI-BAY BWC DOCK 2ND REFRESH 8 0.00 0.00 0.00
20119 TASER 7 MASTER INSTRUCTOR SCHOOL
VOUCHER 1 0.00 0.00 0.00
73310 AXON CAMERA REFRESH TWO 1 0.00 0.00 0.00
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00
80457 FLEET 3 BASIC PAYMENT 12 39 1,548.00 1,548.00 60,372.00
73835 AUTO TAGGING LICENSE PAYMENT 12 9 108.00 108.00 972.00
73665 RESPOND DEVICE PAYMENT 12 9 60.00 60.00 540.00
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 9 1,068.00 1,303.13 11,728.17
73310 AXON CAMERA REFRESH TWO 9 0.00 0.00 0.00
73688 MULTI-BAY BWC DOCK 2ND REFRESH 1 0.00 0.00 0.00
Subtotal 169,012.17
Estimated Tax 15,211.09
Total 184,223.26
Grand Total 921,116.27
Protect Life.Q-290737-44267.883RT
8
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Summary of Payments
Payment Amount (USD)
Year 1 -Core 127,643.27
Year 1 -Fleet 56,579.96
Spares -BWC 0.00
Year 2 184,223.26
Year 3 184,223.26
Year 4 184,223.26
Year 5 184,223.26
Grand Total 921,116.27
Protect Life.Q-290737-44267.883RT
9
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Notes
NASPO Contract No. OK-MA-145-015 used for pricing and purchasing justification
Purchase of TASER 7 are governed by the TASER 7 Agreement located at https://www.axon.com/legal/sales-terms-and-conditions and not the Master Services and
Purchasing Agreement referenced below.
Tax is subject to change at order processing with valid exemption.
Axon’s Sales Terms and Conditions
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement
(posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview
Room purchase, if applicable.Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By
signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (i ncluding but not limited to the
company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind t hat entity. If you do not
have this authority, please do not sign this Quote.
Signature:CustSIG Date:CustDate
Name (Print):CustName Title:CustTitle
PO# (Or write
N/A):CustPo
Please sign and email to Robbie Taylor at rtaylor@axon.com or fax to
Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com
The trademarks referenced above are the property of their respective owners.
Protect Life.Q-290737-44267.883RT
10
***Axon Internal Use Only***
Review 1 Review 2
SFDC Contract #:
Order Type:
RMA #:
Address Used:
SO #:
Comments:
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Protect Life.Q-290737-44267.883RT
11
Bremerton Police Dept. -WA
What is the contact name and
phone number for this shipment?
What are your receiving hours?
(Monday-Friday)
Is a dock available for this
incoming shipment?
Are there any delivery
restrictions? (no box trucks, etc.)
AT T E N T I O N
This order may qualify for freight shipping, please fill out the following information.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
STATEMENT OF WORK & CONFIGURATION DOCUMENT
Axon Fleet In-Car Recording Platform
This document details a proposed system design
Agency Created For: Bremerton PD
Sold By: Robbie Taylor
Designed By: Jake Borro
Installed By: Axon Professional Services
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
VEHICLE OVERVIEW
SITE NAME CUSTOMER NAME
Headquarters Bremerton PD
Total Configured Vehicles
Axon Camera
Fleet Hub
In-Car Router
• 39 Total Vehicles with this Configuration
Video Capture Sources
• 78
• 1
Total Cameras Deployed
Fleet Hub(s) Per Vehicle
Mobile Data Terminal Per Vehicle
• 1 Located In Each Vehicle
Mobile Router Per Vehicle
• 1 IBR900-1200M-B
Offload Mechanism
• 4G LTE Cellular
Evidence Management System
• Evidence.com
SYSTEM CONFIGURATION DETAILS
The following sections detail the configuration of the Axon Fleet In-Car System
Vehicle Hardware
Vehicle Hardware
2 Axon Fleet Cameras will be installed in each vehicle
1 Axon Fleet Hub will be installed in each vehicle
1 5-in-1 Antenna will be installed in each vehicle
1 3-in-1 Antenna will be installed in each vehicle
1 IBR900-1200M-B router will be installed in each vehicle
Signal Activation Methods
5 Triggers will be configured per vehicle
The following devices will be configured for Signal activation: Light-Bar, Gunlock, Crash, Speed, Siren.
When triggered, the Axon Signal technology in the Fleet 3 Hub will activate the recording mechanism
for all configured Axon cameras within Bluetooth range of the vehicle.
Mobile Data Computer Each vehicle will be equipped with a Mobile Data Computer provided by the customer, which meets or
exceeds the specifications provided by Axon.
Mobile Data Computer
Requirements
Operating System: Windows 7 SP1 or Windows 10 (version 1909 or higher) - x32 or x64 with the most
current service packs and updates
Hard Drive: Must have 25GB+ of free disk space
RAM/Memory: for x32: 4GB | for x64: 8GB or greater
Ethernet Port: It is recommended that the MDC have one dedicated and available Ethernet port reserved
for an Ethernet cable from router. The Ethernet port can be located on an electronic and stationary mobile
docking station. If a docking station is used, it is the preferred location for the Ethernet port.
Wi-Fi Card: If the MDC is not connected to the router via Ethernet LAN, a WiFi card is required in the MDC.
In this case, the WiFi card should meet or exceed the router's minimum WiFi radio compatibility
requirements.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Additional
Considerations
The Cradlepoint router includes the antenna(s) and Cradlecare.
For agencies that use a VPN, Axon traffic must be passed through; such that it does not use the VPN
tunnel. Customer must provide IT and / or Admin resources at time of installation to ensure data routing if
functional for Axon Fleet operation.
In the event an Agency is unable to support the IT requirements associated with the installation, Axon
reserves the right to charge the Agency for additional time associated with on -site work completed by an
Axon Personnel.
Hardware Provisioning
Axon will provide the following router for all vehicles: IBR900-1200M-B
The customer will provide an MDC for each vehicle.
If the customer chooses to provide their own SIM, they must be activated and available at time of installation
SIM Location SIM will be located in router and can be inserted in router by Cradlepoint if carrier is specified by agency.
4G / Cellular Offload Considerations
Network Considerations
The IBR900-1200M-B will be the connection which allows 4G upload of recorded video
The customer will ensure that their cellular contract does not allow for data throttling, or service denial, once
a set data threshold is met. Throttling or denial of service will negatively affect Fleet upload capabilities.
Network Consideration Agreement
Network Consideration
Agreement
Customer acknowledges the minimum requirements for the network to support this Statement of Work.
Axon employees performing services under this SOW are CJIS certified.
If the network provided by Customer does not meet the minimum requirements, or in the event of a
requested change in scope of the project, a Change Order will be required and additional fees may
apply. Additional fees would also apply if Axon is required to extend the installation time for reasons
caused by the customer or the customer network accessibility.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Professional Services & Training
Project Management
Axon will assign a Project Manager that will provide the expertise to execute a successful Fleet
camera deployment and implementation. The Project Manager will have knowledge and experience
with all phases of the project management lifecycle and with all application modules being
implemented. He/she will work closely with the customer's project manager and project team members
and will be responsible for completing the tasks required to meet all contract deliverables.
Vehicle Installation
Customer agrees to have the above mentioned number of intended vehicles available at the time of
deployment.
Axon will be performing the installation of all Axon Fleet vehicle hardware. Installation services included
with Axon Fleet system include a “clip” and removal of existing in-car system hardware, if applicable.
This does not include “full removal” of existing wiring. A “full removal” of all existing hardware and wiring
is subject to additional fees. Axon provides basic Fleet operation overview to the customer lead and/or
Admin at the time of install.
o It is necessary to differentiate between the type of equipment removal to be provided by
Axon. Standard Fleet Installation includes hardware removal in a fashion considered “Clip”
which means Axon cuts the wires from the old system without removing multiple panels,
removing all wiring and parts from the old system. In the case Axon removes the hardware
Axon is not responsible for the surplus of hardware or any devices that may have been
physically integrated with the removed system. In some situations, radar systems are
integrated with the in-car video system and have a cable that connects to the system, if
Axon removes the old in car system then Axon is not responsible for the radar system as
part of the removal.
o A “Rip” removal should be contracted through ProLogic directly. The Rip would be similar to
a complete and full removal, which is more common when they retire a vehicle from service.
Chosen installation site must have internet access for the Hub, through the router,and MDC for
configuration and testing of Fleet 3. Customer must have a resource onsite during installation with Axon
Evidence Device Administration permissions to assist with logging into customer MDCs and configuring
vehicle software.
Custom Trigger
Installation
The Fleet 3 Hub has multiple trigger configuration options. Any trigger configurations that include a door
or magnetic door switch are considered “custom” and may be subject to additional fees.
An Axon representative has discussed with the Agency the standard triggers of the Fleet System.
Those no-cost triggers include Light-bar,Siren, Speed, Motion Activation and Gun-lock activation.
The light-bar must have a controller to allow Axon to interface for the desired position, gun -locks must be
installed with existing hardware in the vehicle. Doors are considered “CUSTOM” since they required
additional hardware and time for installation, typically requiring the door may need to be taken apart for
the installation.
Training
End-user go-live training provides individual device set up and configuration assistance, training on
device use, Evidence.com and AXON Fleet Dashboard. This is included at no additional cost.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
No tes
Tax is subject to change at order processing with valid exemption.
Axon’s Sales Terms and Conditions
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services a nd Purchasing Agreement
(posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview
Room purchase, if applicable. Any purchase order issued in response to this Quote is subject solely to the above referenced t erms and conditions. By
signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (i ncluding but not limited to the
company, municipality, or government agency for whom you work), you represent to Axo n that you have legal authority to bind that entity. If you do not
have this authority, please do not sign this Quote.
Signature:
Date:
Name (Print):
Title:
PO# (Or write
N/A):
Thank you for being a valued Axon customer. For your convenience on your next order, please check out our online store buy.axon.com
The trademarks referenced above are the property of their respective owners.
***Axon Internal Use Only***
SFDC Contract #:
Order Type:
RMA #:
Address Used:
SO #: Review 1 Review 2
Comments:
Protect Life.
DocuSign Envelope ID: 82C4FB73-5470-4582-8BBD-19336864AD04
Bremerton Police Dept. -WA
ISSUED
3/12/2021
AXON SALES REPRESENTATIVE
Robbie Taylor
(480) 502-6274
rtaylor@axon.com
Q-290737-44267.883RT
1
Payment Terms: Net 30
Delivery Method: Fedex -Ground
Q-290737-44267.883RT
Year 1 -Core
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Axon Plans & Packages
20248 TASER 7 EVIDENCE.COM ACCESS LICENSE 60 1 0.00 0.00 0.00
73746 PROFESSIONAL EVIDENCE.COM LICENSE 60 50 0.00 0.00 0.00
73686 EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE 60 50 0.00 0.00 0.00
73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 60 150 0.00 0.00 0.00
20248 TASER 7 EVIDENCE.COM ACCESS LICENSE 60 50 0.00 0.00 0.00
20246 TASER 7 DUTY CARTRIDGE REPLACEMENT
ACCESS LICENSE 60 50 0.00 0.00 0.00
73449 RESPOND DEVICE LICENSE 60 50 0.00 0.00 0.00
73682 AUTO TAGGING LICENSE 60 50 0.00 0.00 0.00
73746 PROFESSIONAL EVIDENCE.COM LICENSE 60 9 0.00 0.00 0.00
73686 EVIDENCE.COM UNLIMITED AXON DEVICE
STORAGE 60 9 0.00 0.00 0.00
73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 60 36 0.00 0.00 0.00
73449 RESPOND DEVICE LICENSE 60 9 0.00 0.00 0.00
73682 AUTO TAGGING LICENSE 60 9 0.00 0.00 0.00
Hardware
20160 TASER 7 HOLSTER -SAFARILAND, RH+CART
CARRIER 50 0.00 0.00 0.00
Issued: 03/12/2021
Quote Expiration: 06/15/2021
Account Number: 107761
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
Phone: (800) 978-2737
Protect Life.
PRIMARY CONTACT
Randy Plumb
Phone: (360) 473-5974
Email: randy.plumb@ci.bremerton.wa.us
BILL TO
Bremerton Police Dept. -WA
1025 Burwell Street
Bremerton, WA 98337
US
SHIP TO
Randy Plumb
Bremerton Police Dept. -WA
1025 Burwell Street
Bremerton, WA 98337
US
SALES REPRESENTATIVE
Robbie Taylor
Phone: (480) 502-6274
Email: rtaylor@axon.com
Fax:
Q-290737-44267.883RT
2
Year 1 -Core (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware (Continued)
75015 SIGNAL SIDEARM KIT 50 0.00 0.00 0.00
70112 AXON SIGNAL UNIT 8 0.00 0.00 0.00
20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY
(GREEN LASER), CLASS 3R 50 0.00 0.00 0.00
20040 TASER 7 HANDLE WARRANTY, 4-YEAR 50 0.00 0.00 0.00
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 150 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 150 0.00 0.00 0.00
73202 AXON BODY 3 -NA10 50 0.00 0.00 0.00
71044 BATTERY, SIGNAL SIDEARM, CR2430
SINGLE PACK 100 0.00 0.00 0.00
70033 WALL MOUNT BRACKET, ASSY,
EVIDENCE.COM DOCK 8 0.00 0.00 0.00
74210 AXON BODY 3 -8 BAY DOCK 8 0.00 0.00 0.00
22179 TASER 7 INERT CARTRIDGE, STANDOFF
(3.5-DEGREE) NS 50 0.00 0.00 0.00
22181 TASER 7 INERT CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 50 0.00 0.00 0.00
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 0.00 0.00 0.00
22177 TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, STANDOFF NS 100 0.00 0.00 0.00
22178 TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, CLOSE QUART NS 100 0.00 0.00 0.00
20018 TASER 7 BATTERY PACK, TACTICAL 60 0.00 0.00 0.00
20041 TASER 7 BATTERY PACK WARRANTY, 4-
YEAR 60 0.00 0.00 0.00
20042 TASER 7 DOCK & CORE WARRANTY, 4-
YEAR 1 0.00 0.00 0.00
70033 WALL MOUNT BRACKET, ASSY,
EVIDENCE.COM DOCK 1 0.00 0.00 0.00
74200 TASER 7 6-BAY DOCK AND CORE 1 0.00 0.00 0.00
11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 50 0.00 0.00 0.00
20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 1 0.00 0.00 0.00
80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X
75 IN., TASER 7 1 0.00 0.00 0.00
Protect Life.Q-290737-44267.883RT
3
Year 1 -Core (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware (Continued)
74020 MAGNET MOUNT, FLEXIBLE, AXON
RAPIDLOCK 55 0.00 0.00 0.00
73202 AXON BODY 3 -NA10 9 699.00 699.00 6,291.00
74210 AXON BODY 3 -8 BAY DOCK 1 1,495.00 1,495.00 1,495.00
70033 WALL MOUNT BRACKET, ASSY,
EVIDENCE.COM DOCK 1 43.90 43.90 43.90
74020 MAGNET MOUNT, FLEXIBLE, AXON
RAPIDLOCK 10 0.00 0.00 0.00
11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 9 0.00 0.00 0.00
Other
20320 AXON CORE + PLAN WITH T7 CERT
HEADER 50 0.00 0.00 0.00
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 50 1,908.00 1,908.00 95,400.00
73827 AB3 CAMERA TAP WARRANTY 60 50 0.00 0.00 0.00
73828 AB3 8 BAY DOCK TAP WARRANTY 60 8 0.00 0.00 0.00
71019 NORTH AMER POWER CORD FOR AB3 8-
BAY, AB2 1-BAY / 6-BAY DOCK 8 0.00 0.00 0.00
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00
20119 TASER 7 MASTER INSTRUCTOR SCHOOL
VOUCHER 1 0.00 0.00 0.00
80087 TASER 7 TARGET, CONDUCTIVE,
PROFESSIONAL (RUGGEDIZED)1 0.00 0.00 0.00
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 9 1,068.00 1,068.00 9,612.00
73665 RESPOND DEVICE PAYMENT 12 9 60.00 60.00 540.00
73835 AUTO TAGGING LICENSE PAYMENT 12 9 108.00 108.00 972.00
73827 AB3 CAMERA TAP WARRANTY 60 9 0.00 0.00 0.00
73828 AB3 8 BAY DOCK TAP WARRANTY 60 1 0.00 0.00 0.00
71019 NORTH AMER POWER CORD FOR AB3 8-
BAY, AB2 1-BAY / 6-BAY DOCK 1 0.00 0.00 0.00
Services
80129 SIGNAL OR ROUTER ONLY INSTALLATION
(PER VEHICLE)8 0.00 0.00 0.00
79999 AUTO TAGGING / PERFORMANCE
IMPLEMENTATION SERVICE 1 0.00 0.00 0.00
85144 AXON STARTER 1 2,750.00 2,750.00 2,750.00
Protect Life.Q-290737-44267.883RT
4
Year 1 -Core (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Services (Continued)
79999 AUTO TAGGING / PERFORMANCE
IMPLEMENTATION SERVICE 1 0.00 0.00 0.00
Subtotal 117,103.90
Estimated
Shipping 0.00
Estimated Tax 10,539.37
Total 127,643.27
Year 1 -Fleet
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Axon Plans & Packages
80410 FLEET, EVIDENCE LICENSE, 1 CAMERA
STORAGE, ACCESS 60 78 0.00 0.00 0.00
80400 FLEET, VEHICLE LICENSE, ACCESS 60 39 0.00 0.00 0.00
Hardware
72036 FLEET 3 STANDARD 2 CAMERA KIT 39 0.00 0.00 0.00
80486 EXT WARRANTY, FLEET 3, 2 CAMERA KIT, 4
YEARS 39 0.00 0.00 0.00
11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR
NETCLOUD 39 0.00 0.00 0.00
71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI,
1GNSS, BL 39 0.00 0.00 0.00
74110 FLEET ETHERNET CABLE, CAT6, 25 FT 39 0.00 0.00 0.00
Other
73391 FLEET 3 NEW INSTALLATION (PER
VEHICLE)39 0.00 0.00 0.00
80457 FLEET 3 BASIC PAYMENT 12 39 1,548.00 1,330.98 51,908.22
Subtotal 51,908.22
Estimated Tax 4,671.74
Total 56,579.96
Spares -BWC
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY
(GREEN LASER), CLASS 3R 1 0.00 0.00 0.00
73202 AXON BODY 3 -NA10 1 0.00 0.00 0.00
20040 TASER 7 HANDLE WARRANTY, 4-YEAR 1 0.00 0.00 0.00
74028 WING CLIP MOUNT, AXON RAPIDLOCK 1 0.00 0.00 0.00
Protect Life.Q-290737-44267.883RT
5
Spares -BWC (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware (Continued)
11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 1 0.00 0.00 0.00
Other
73827 AB3 CAMERA TAP WARRANTY 60 1 0.00 0.00 0.00
Subtotal 0.00
Estimated Tax 0.00
Total 0.00
Year 2
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 0.00 0.00 0.00
Other
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 50 1,908.00 1,908.00 95,400.00
20119 TASER 7 MASTER INSTRUCTOR SCHOOL
VOUCHER 1 0.00 0.00 0.00
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00
80457 FLEET 3 BASIC PAYMENT 12 39 1,548.00 1,548.00 60,372.00
73835 AUTO TAGGING LICENSE PAYMENT 12 9 108.00 108.00 972.00
73665 RESPOND DEVICE PAYMENT 12 9 60.00 60.00 540.00
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 9 1,068.00 1,303.13 11,728.17
Subtotal 169,012.17
Estimated Tax 15,211.09
Total 184,223.26
Year 3
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 0.00 0.00 0.00
Protect Life.Q-290737-44267.883RT
6
Year 3 (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware (Continued)
22177 TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, STANDOFF NS 100 0.00 0.00 0.00
22178 TASER 7 HOOK-AND-LOOP TRN (HALT)
CARTRIDGE, CLOSE QUART NS 100 0.00 0.00 0.00
Other
73309 AXON CAMERA REFRESH ONE 50 0.00 0.00 0.00
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 50 1,908.00 1,908.00 95,400.00
73689 MULTI-BAY BWC DOCK 1ST REFRESH 8 0.00 0.00 0.00
20119 TASER 7 MASTER INSTRUCTOR SCHOOL
VOUCHER 1 0.00 0.00 0.00
73309 AXON CAMERA REFRESH ONE 1 0.00 0.00 0.00
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00
80457 FLEET 3 BASIC PAYMENT 12 39 1,548.00 1,548.00 60,372.00
73835 AUTO TAGGING LICENSE PAYMENT 12 9 108.00 108.00 972.00
73665 RESPOND DEVICE PAYMENT 12 9 60.00 60.00 540.00
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 9 1,068.00 1,303.13 11,728.17
73309 AXON CAMERA REFRESH ONE 9 0.00 0.00 0.00
73689 MULTI-BAY BWC DOCK 1ST REFRESH 1 0.00 0.00 0.00
Subtotal 169,012.17
Estimated Tax 15,211.09
Total 184,223.26
Year 4
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 0.00 0.00 0.00
Other
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 50 1,908.00 1,908.00 95,400.00
20119 TASER 7 MASTER INSTRUCTOR SCHOOL
VOUCHER 1 0.00 0.00 0.00
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00
80457 FLEET 3 BASIC PAYMENT 12 39 1,548.00 1,548.00 60,372.00
Protect Life.Q-290737-44267.883RT
7
Year 4 (Continued)
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Other (Continued)
73835 AUTO TAGGING LICENSE PAYMENT 12 9 108.00 108.00 972.00
73665 RESPOND DEVICE PAYMENT 12 9 60.00 60.00 540.00
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 9 1,068.00 1,303.13 11,728.17
Subtotal 169,012.17
Estimated Tax 15,211.09
Total 184,223.26
Year 5
Item Description Term
(Months)Quantity List Unit
Price Net Unit Price Total (USD)
Hardware
22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-
DEGREE) NS 100 0.00 0.00 0.00
22176 TASER 7 LIVE CARTRIDGE, CLOSE
QUARTERS (12-DEGREE) NS 100 0.00 0.00 0.00
Other
73310 AXON CAMERA REFRESH TWO 50 0.00 0.00 0.00
20321 AXON CORE + PLAN WITH T7 CERT
PAYMENT 12 50 1,908.00 1,908.00 95,400.00
73688 MULTI-BAY BWC DOCK 2ND REFRESH 8 0.00 0.00 0.00
20119 TASER 7 MASTER INSTRUCTOR SCHOOL
VOUCHER 1 0.00 0.00 0.00
73310 AXON CAMERA REFRESH TWO 1 0.00 0.00 0.00
20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 0.00 0.00 0.00
80457 FLEET 3 BASIC PAYMENT 12 39 1,548.00 1,548.00 60,372.00
73835 AUTO TAGGING LICENSE PAYMENT 12 9 108.00 108.00 972.00
73665 RESPOND DEVICE PAYMENT 12 9 60.00 60.00 540.00
73842 UNLIMITED EVIDENCE.COM TAP BUNDLE
PAYMENT 12 9 1,068.00 1,303.13 11,728.17
73310 AXON CAMERA REFRESH TWO 9 0.00 0.00 0.00
73688 MULTI-BAY BWC DOCK 2ND REFRESH 1 0.00 0.00 0.00
Subtotal 169,012.17
Estimated Tax 15,211.09
Total 184,223.26
Grand Total 921,116.27
Protect Life.Q-290737-44267.883RT
8
Summary of Payments
Payment Amount (USD)
Year 1 -Core 127,643.27
Year 1 -Fleet 56,579.96
Spares -BWC 0.00
Year 2 184,223.26
Year 3 184,223.26
Year 4 184,223.26
Year 5 184,223.26
Grand Total 921,116.27
Protect Life.Q-290737-44267.883RT
9
Notes
NASPO Contract No. OK-MA-145-015 used for pricing and purchasing justification
Purchase of TASER 7 are governed by the TASER 7 Agreement located at https://www.axon.com/legal/sales-terms-and-conditions and not the Master Services and
Purchasing Agreement referenced below.
Tax is subject to change at order processing with valid exemption.
Axon’s Sales Terms and Conditions
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement
(posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview
Room purchase, if applicable.Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By
signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (i ncluding but not limited to the
company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind t hat entity. If you do not
have this authority, please do not sign this Quote.
Signature:CustSIG Date:CustDate
Name (Print):CustName Title:CustTitle
PO# (Or write
N/A):CustPo
Please sign and email to Robbie Taylor at rtaylor@axon.com or fax to
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Bremerton Police Dept. -WA
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STATEMENT OF WORK & CONFIGURATION DOCUMENT
Axon Fleet In-Car Recording Platform
This document details a proposed system design
Agency Created For: Bremerton PD
Sold By: Robbie Taylor
Designed By: Jake Borro
Installed By: Axon Professional Services
VEHICLE OVERVIEW
SITE NAME CUSTOMER NAME
Headquarters Bremerton PD
Total Configured Vehicles
Axon Camera
Fleet Hub
In-Car Router
• 39 Total Vehicles with this Configuration
Video Capture Sources
• 78
• 1
Total Cameras Deployed
Fleet Hub(s) Per Vehicle
Mobile Data Terminal Per Vehicle
• 1 Located In Each Vehicle
Mobile Router Per Vehicle
• 1 IBR900-1200M-B
Offload Mechanism
• 4G LTE Cellular
Evidence Management System
• Evidence.com
SYSTEM CONFIGURATION DETAILS
The following sections detail the configuration of the Axon Fleet In-Car System
Vehicle Hardware
Vehicle Hardware
2 Axon Fleet Cameras will be installed in each vehicle
1 Axon Fleet Hub will be installed in each vehicle
1 5-in-1 Antenna will be installed in each vehicle
1 3-in-1 Antenna will be installed in each vehicle
1 IBR900-1200M-B router will be installed in each vehicle
Signal Activation Methods
5 Triggers will be configured per vehicle
The following devices will be configured for Signal activation: Light-Bar, Gunlock, Crash, Speed, Siren.
When triggered, the Axon Signal technology in the Fleet 3 Hub will activate the recording mechanism
for all configured Axon cameras within Bluetooth range of the vehicle.
Mobile Data Computer Each vehicle will be equipped with a Mobile Data Computer provided by the customer, which meets or
exceeds the specifications provided by Axon.
Mobile Data Computer
Requirements
Operating System: Windows 7 SP1 or Windows 10 (version 1909 or higher) - x32 or x64 with the most
current service packs and updates
Hard Drive: Must have 25GB+ of free disk space
RAM/Memory: for x32: 4GB | for x64: 8GB or greater
Ethernet Port: It is recommended that the MDC have one dedicated and available Ethernet port reserved
for an Ethernet cable from router. The Ethernet port can be located on an electronic and stationary mobile
docking station. If a docking station is used, it is the preferred location for the Ethernet port.
Wi-Fi Card: If the MDC is not connected to the router via Ethernet LAN, a WiFi card is required in the MDC.
In this case, the WiFi card should meet or exceed the router's minimum WiFi radio compatibility
requirements.
Additional
Considerations
The Cradlepoint router includes the antenna(s) and Cradlecare.
For agencies that use a VPN, Axon traffic must be passed through; such that it does not use the VPN
tunnel. Customer must provide IT and / or Admin resources at time of installation to ensure data routing if
functional for Axon Fleet operation.
In the event an Agency is unable to support the IT requirements associated with the installation, Axon
reserves the right to charge the Agency for additional time associated with on -site work completed by an
Axon Personnel.
Hardware Provisioning
Axon will provide the following router for all vehicles: IBR900-1200M-B
The customer will provide an MDC for each vehicle.
If the customer chooses to provide their own SIM, they must be activated and available at time of installation
SIM Location SIM will be located in router and can be inserted in router by Cradlepoint if carrier is specified by agency.
4G / Cellular Offload Considerations
Network Considerations
The IBR900-1200M-B will be the connection which allows 4G upload of recorded video
The customer will ensure that their cellular contract does not allow for data throttling, or service denial, once
a set data threshold is met. Throttling or denial of service will negatively affect Fleet upload capabilities.
Network Consideration Agreement
Network Consideration
Agreement
Customer acknowledges the minimum requirements for the network to support this Statement of Work.
Axon employees performing services under this SOW are CJIS certified.
If the network provided by Customer does not meet the minimum requirements, or in the event of a
requested change in scope of the project, a Change Order will be required and additional fees may
apply. Additional fees would also apply if Axon is required to extend the installation time for reasons
caused by the customer or the customer network accessibility.
Professional Services & Training
Project Management
Axon will assign a Project Manager that will provide the expertise to execute a successful Fleet
camera deployment and implementation. The Project Manager will have knowledge and experience
with all phases of the project management lifecycle and with all application modules being
implemented. He/she will work closely with the customer's project manager and project team members
and will be responsible for completing the tasks required to meet all contract deliverables.
Vehicle Installation
Customer agrees to have the above mentioned number of intended vehicles available at the time of
deployment.
Axon will be performing the installation of all Axon Fleet vehicle hardware. Installation services included
with Axon Fleet system include a “clip” and removal of existing in-car system hardware, if applicable.
This does not include “full removal” of existing wiring. A “full removal” of all existing hardware and wiring
is subject to additional fees. Axon provides basic Fleet operation overview to the customer lead and/or
Admin at the time of install.
o It is necessary to differentiate between the type of equipment removal to be provided by
Axon. Standard Fleet Installation includes hardware removal in a fashion considered “Clip”
which means Axon cuts the wires from the old system without removing multiple panels,
removing all wiring and parts from the old system. In the case Axon removes the hardware
Axon is not responsible for the surplus of hardware or any devices that may have been
physically integrated with the removed system. In some situations, radar systems are
integrated with the in-car video system and have a cable that connects to the system, if
Axon removes the old in car system then Axon is not responsible for the radar system as
part of the removal.
o A “Rip” removal should be contracted through ProLogic directly. The Rip would be similar to
a complete and full removal, which is more common when they retire a vehicle from service.
Chosen installation site must have internet access for the Hub, through the router,and MDC for
configuration and testing of Fleet 3. Customer must have a resource onsite during installation with Axon
Evidence Device Administration permissions to assist with logging into customer MDCs and configuring
vehicle software.
Custom Trigger
Installation
The Fleet 3 Hub has multiple trigger configuration options. Any trigger configurations that include a door
or magnetic door switch are considered “custom” and may be subject to additional fees.
An Axon representative has discussed with the Agency the standard triggers of the Fleet System.
Those no-cost triggers include Light-bar,Siren, Speed, Motion Activation and Gun-lock activation.
The light-bar must have a controller to allow Axon to interface for the desired position, gun -locks must be
installed with existing hardware in the vehicle. Doors are considered “CUSTOM” since they required
additional hardware and time for installation, typically requiring the door may need to be taken apart for
the installation.
Training
End-user go-live training provides individual device set up and configuration assistance, training on
device use, Evidence.com and AXON Fleet Dashboard. This is included at no additional cost.
No tes
Tax is subject to change at order processing with valid exemption.
Axon’s Sales Terms and Conditions
This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services a nd Purchasing Agreement
(posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview
Room purchase, if applicable. Any purchase order issued in response to this Quote is subject solely to the above referenced t erms and conditions. By
signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (i ncluding but not limited to the
company, municipality, or government agency for whom you work), you represent to Axo n that you have legal authority to bind that entity. If you do not
have this authority, please do not sign this Quote.
Signature:
Date:
Name (Print):
Title:
PO# (Or write
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Protect Life.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: March 24, 2021
Authorize three additional positions (3 FTEs)
in the 2021 City Budget to support
Bremerton’s Permitting Development Review
and Inspection Services
COUNCIL MEETING Date: April 7, 2021
Department: DCD / PW&U
Presenter: A.Spencer / T.Knuckey
Phone: (360) 473-5283
SUMMARY:
Construction in Bremerton has been on a significant increase since 2016, and the existing staffing
levels in DCD’s Community Development Building group and PW&U’s Development Engineering
Section are not adequate to deal with the increased demand for review and inspection that this
increase in development activity is creating. The City’s administration has evaluated options to
ensure that the City can maintain a permitting level of service and has concluded that three additional
staff members (3 FTE’s) need to be added to the organization as follows:
1) Building Inspector / Plans Examiner II (DCD)
2) Development Engineer, CEII (PW&U Engineering)
3) Development Inspector, Tech IV (PW&U Engineering)
Revenue from permitting is greatly outpacing budget projections and will offset the cost to add these
FTEs.
See the attached Council Summary for further information.
ATTACHMENTS: (1) Spencer/Knuckey Memo; (2) Development Staffing Needs information and
PowerPoint presented to the City Council on March 10, 2021
FISCAL IMPACTS (Include Budgeted Amount): The cost to the General Fund for the requested
positions is easily offset by increased revenues from permitting. The three FTEs will start mid-year,
and the 2021 cost to the General Fund for the staff additions (including one-time start-up costs) is
$122,500, with $82,000 for DCD, and $40,500 for Engineering. The two proposed Engineering
positions are 75% funded by the utilities, with $40,500 required from the Water, $40,500 from the
Wastewater, and $40,500 from the Stormwater Funds. Additional detail is included in the
Spencer/Knuckey memo.
STUDY SESSION AGENDA: ☐ Limited Presentation ☒ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the 2021 mid-year hire of one additional Building Inspector/Plans Examiner II, one
additional Development Engineer (CEII), and one additional Development Inspector (Engineering
Technician IV), and approve an increase of $82,000 to the labor budget for the Department of
Community Development, and an increase of $162,000 to the labor budget for the Engineering
General Fund, with revenue to the Engineering General Fund of $40,500 from Water, $40,500 from
Wastewater, $40,500 from Stormwater.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A8
MEMORANDUM
TO: City Council
FROM: Andrea Spencer DCD Director & Tom Knuckey PW&U Director
DATE: March 24, 2021 Council Study Session / April 7, 2021 Council Meeting
SUBJECT: Development Staffing Needs
SUMMARY:
Construction in Bremerton has been on a significant increase since 2016. Until most
recently our annual housing unit production has averaged about 225 units per year. In
2021 the City has nearly 800 housing units under construction (an increase of more
than 3.5 times over prior years). The staffing levels in DCD’s Community Development
Building group and PW&U’s Development Engineering Section are not adequate to deal
with the increased demand for review and inspection that this increase in development
activity is creating. There are many more permits in the pipeline that indicate that the
growth trend will continue for the next several years. At an information-only briefing the
City’s Administration presented information about the permitting level increase; for easy
reference that information follows this memo.
Options have been evaluated to ensure that the City can maintain a permitting level of
service and has concluded that three additional staff members (3 FTE’s) need to be
added to the organization as follows:
1) Building Inspector / Plans Examiner II (DCD)
2) Development Engineer, CEII (PW&U Engineering)
3) Development Inspector, Tech IV (PW&U Engineering)
The revenue from permitting that has resulted from the significant development increase
will offset the additional cost to add these new FTEs. As of the end of February the City
has collected and received permit submittals that result in receipt of more than
$350,000 over anticipated 2021 revenues. It is expected that this value will increase for
the remainder of 2021 as more development permits are received.
FISCAL SUMMARY:
The proposal is to add the three FTEs at mid-year in 2021, and the total cost to the
General Fund for these staff additions, including one-time start-up costs is $122,500;
with $82,000 for the DCD position, and $40,500 for the two Engineering positions. This
cost is easily offset by the increased General Fund revenues received from permitting.
The annual cost of these positions to the General Fund beginning in 2022 is estimated
at $197,000.
2
The two proposed Engineering positions are funded at 75% by the utilities as follows;
$40,500-Water, $40,500-Wastewater, and $40,500-Stormwater. The rate dashboard for
the three utility funds shows that this staffing addition has no impacts to rates in the 6 -
year evaluation period for Water and Stormwater, and a negligible (0.25%) one -year
increase in 2024.
The 2021 and 2022 costs for the three proposed positions are presented in the table
below.
CONTRACTED SERVICES COST COMPARISON
At the March 10 Council information-only briefing Councilmembers inquired if it would
be more cost effective for the City to have contracted services in lieu of FTE additions.
The memo for the March 10 meeting touched on the fact that the City administration
considered this option and determined it was infeasible because of limited ability of
firms to take on the level of work that the City requires. In addition , contracted services
is much more expensive than the City hiring its own employees for longer-term projects.
As shown in the PowerPoint presentation for the study session it was demonstrated that
the permitting activity is strong and the City needs a longer-term solution to ensure
timely permit review and inspections. Here is the cost comparison estimate for City
employee versus contracted services:
By hiring our own FTE’s versus contracting for those services the City would save more
than $450,000.
City of Bremerton Development Staffing Needs for
Community Development & PW&U Development Engineering
March 2021 – Status of Bremerton Development & Needed Resources
ISSUE SUMMARY:
The City has been experiencing a continuous and very high volume of
development construction activity with no foreseeable slowdown in sight. As the
City grows and development increases this has a direct impact on the City’s ability
to respond to these requests with our existing staffing levels. Construction has
impacts largely on the staffing in Community Development’s Building group and
Public Works & Utilities’ Development Engineering group.
The increased construction activity in the City has been on a steady upward trend
since 2018, with 2020 being a large record breaking year with the approval of
more than $143 million in construction valuation (more than $15 million / 11.8%
over 2019). Mayor Wheeler’s proposed budget for 2021 began to be shaped in
August 2020 amidst the COVID crisis and even though the development activity
was increasing, he made a conservative approach toward staffing levels (no new
FTE’s) thereby hedging against a possible downturn due to the pandemic.
Fortunately for Bremerton the development downturn did not occur, activity
remains high, and the data points to another record year in 2021 above the
incredible numbers established in 2020. We need to act now to ensure that we
support this economic activity for our community with the appropriate staffing
levels. The revenues from permitting activity offset the increased costs that these
new positions will have on the General Fund.
NECESSARY RESOURCES:
One additional FTE in Community Development:
• Building Inspector / Plans Examiner II
Two additional FTE’s in Public Works & Utilities Engineering Section:
• Civil Engineer II
• Engineering Technician IV
DEVELOPMENT ACTIVITY HISTORICAL TREND
In 2020 the City experienced a record breaking year for approved permit valuations. Here is
what the permit activity was for the last five years and the two months of 2021:
In 2016 we were beginning to see an upward trend of increased development and permitting
activity following the great recession. The City Council desired to support this increasing
economic activity by authorizing an additional position within Community Development as part
of the 2017 budget. At mid-year 2017 the building plan review and inspection staff went from
one to two FTE’s to support the construction uptick. The City has not increased building
group’s staff since 2017 despite nearly tripling the value of construction activity the department
is processing. Please note that while the number of permits has remained fairly steady over the
past few years, the complexity of those permits (which is reflected in the increased “total
valuation”) has increased exponentially, and this has had a tremendous impact on our staffing.
DEVELOPMENT ACTIVITY – HOW IS 2021 SHAPING UP?
The chart below shows a comparison of what we have approved so far for permitting in 2021,
what is in the queue for review (i.e. applications that have already been submitted) and
compared those to the “record breaking” 2020 year total:
DEVELOPMENT PERMITS – HOW DOES THAT TRANSLATE INTO STAFFING NEEDS?
The permit data shows that our prior “highest” January on record occurred in January 2020
when we approved $6.3 million in construction valuation. Now in January 2021 we have
approved $10.8 million in construction value – a more than 71% increase over last year’s
activity. For further comparison it is important to understand what was in the permit review
queue at the beginning of 2020 and today:
• In January 2020 the permit queue had 77 permits submitted with a total valuation of
$35.5 million
• At the end of February 2021 the permit queue has 303 permits submitted with a total
valuation of just over $114 million
The record breaking construction trend of 2020 does not appear to be slowing down for 2021.
Below is more data to demonstrate both the increase in construction activity and how this
affects our staffing. We perform inspections on various construction activities from simple
decks and home additions, to new single family homes, to apartment buildings and commercial
construction. Here is a breakdown of our inspection activity for just new single family homes (it
is not inclusive of all the other inspections that we perform):
Year New SFR Permit Inspections
2020 5,299
2019 4,720
2018 3,263
2017 3,026
2016 1,847
The City has so far been able to accomplish this work with just two staff members that split
duties of both building plan review and inspection with some help from contracted services
(which has limited capacity to take on a high volume of work). Unfortunately the City is at a
point where it can no longer keep up with the demand that is being placed on staff and
additional resources are necessary to be able to respond to construction demand and ensure
that permits are processed in a timely way.
CURRENT WORKLOAD EXAMPLE: SINGLE FAMILY RESIDENTIAL (SFR)
The table below describes the necessary staff-days to process the Single Family Residential
permits currently in the 2021 queue as of February. Processing includes Plan Review and
approximately 25 different inspections for each residential permit. Note that Single Family
Residential is only a portion of the type of development activity that DCD process permits for; it
has been pulled out a s a discreet example to demonstrate the City’s workload. Note that these
tables are not reflective of all the other permit submittals for remodel, multifamily and
commercial activities.
PLAN REVIEW DEMAND – NEW SINGLE FAMILY RESIDENTIAL (SFR)
New SFR Permits in
Permit Queue
Estimated Plan
Review Time
Estimated Total Review
Time to Review new SFR
Permits
Days /Weeks
required for SFR
Plan Review
182 3 Hours 546 Hours 68 days / 9.7 weeks
INSPECTION DEMAND – NEW SINGLE FAMILY RESIDENTIAL (SFR)
New SFR Permits
Permit Queue
Approximate
Inspections per Permit
Total
Potential
Inspections
Time Frame to Complete
4550 Inspections at
approx. 15 per day
182 25 4550 303 days
• The current required staff time to process these 182 residential units to completion is
approximately 371 work days.
• Human Resource estimates for average annual working staff days per FTE is 236 (261
business days minus paid holidays and assumed 2 weeks-vacation).
• DCD currently has two FTE performing plan review and inspections, equating to 472
available staff days per year.
• 472 available days minus 371 required days for SFR permits equals 101 remaining work
days.
After completing the 182 single-family residential units, DCD staff will only have 101 work days
remaining to then complete all the single-family residential inspections for permits previously
issued in 2020 (about 97), in addition to all the plan review and inspections for the other
portion of the 303 submitted permits for Multifamily Residential, Commercial Construction,
Remodels, Additions, Simple Decks, etc., as well as any ADDITIONAL permits that are submitted
for new projects after February 2021. Clearly the City’s building staff level is not sufficient to
process our current volume.
Furthermore, the City has always strived to perform plan review services for building permits in
6 to 8 weeks, and as you can see from the table above, the single family homes alone require
nearly 10 weeks before reviews will be complete. The review time in the chart above is an
example, and other permit types are mixed in with the plan reviewer’s queue so in reality many
permits will not be able to be approved in less than 10 weeks. The investor confidence in
building projects in Bremerton will therefore drop when permits are not processed in a timely
way.
Pressure on development review staff does not end with just what is currently in the building
permit review queue. We must also look to what is in the development entitlement pipeline
(receiving land use approvals), as this has effects on other aspects of the City’s operation,
specifically PW&U Development Engineering. As developers prepare sites and install necessary
infrastructure (water, sewer, stormwater, roads etc.) these activities require a significant
amount of plan review time, inspections, and construction oversight by Development
Engineering. Development support demands were partially met in 2020 by assigning Utility
Engineering staff to support permitting and plan review. While this stop-gap measure
addressed the immediate need to backfill permitting, it did not address the need to support the
increasing field inspection need, and also left the Utility Engineering Section without Project
Management, Construction Management and Design capabilities.
A few of the projects that are in the development entitlement process, undergoing site
development, or are nearing building permit submittal include:
• Sound Ridge Subdivision 25 SFR Lots
• Bay Vista Plat 120 SFR Lots
• Werner Road BLA approximately 200 SFR Lots
• Sinclair Ridge Subdivision 345 SFR Lots
• Kitsap Landing (old Soil Factory site) 69 SFR Lots and 4 apartment lots
• Almira Apartments 323 Units
• Eagle Apartment on Washington 115 units
• Mills crossing 42 units
• Scheel Multifamily 26 units
• Best Western New Hotel on Kitsap Way
Any of the projects above could within 1 to 3 months double the example cited in the single
family residential workload case study presented earlier in this memo. Note that this is only a
portion of the development activity that is in the entitlement process, and what this indicates is
that permitting activity will remain high for the remainder of 2021 and there will only be
increased pressure on staff for the remainder of the year.
SNAPSHOT OF DCD BUDGETED REVENUES & ACTUALS
This table illustrates the current budget and actual revenues, and also contains calculated
revenues for permits that are currently under review but have not yet been paid as of February
26, 2021. This is just a snapshot as of the end of February, and the revenues will only
increase throughout the year as new submittals are made. The table illustrates that between
actual revenues and the permits that are in the review queue that the Community
Development is ahead of budget by more than $360,000.
DCD Revenue Category 2021 Budget Actual through
February 26
Building Permits $825,000 $171,651
Plumbing Permits $25,000 $9,024
Mechanical Permits $30,000 $9,284
Plan Check Fees $500,000 $268,334
Permits submitted and
anticipated revenue due as
of 2/26/2021
- $1,285,171
Total $1.38 million $1.74 million
As identified in the first page of this paper, there are three positions that need to be added to
address the development review pressure in both DCD and PW&U Development Engineering.
These staff costs can be offset by the revenues that are shown within DCD for permit activity,
which at this point in the year is already $360,000 over expected budget revenues. The three
positions are:
• DCD Additional FTE: Building Inspector / Plans Examiner II
• PW&U Additional FTE: Civil Engineer II
• PW&U Additional FTE: Engineering Technician IV
Attached is a spreadsheet of the annual costs for these three positions, and the General Fund
impact can be easily offset by the development revenues coming into Community
Development.
PROPOSED SCHEDULE TO IMPLEMENT THIS EMERGENT STAFFING NEED
3/24 City Council Study Session & 4/7 Council Meeting to review the proposal for the addition
of three staff positions to support development.
ADDITIONAL DISCUSSION OF PUBLIC WORKS & UTILITIES STAFFING NEEDS
In 2019 FCS Group was contracted to evaluate workload of the Engineering Division to
recommend appropriate staffing levels. The report was completed in November and concluded
the Engineering Division has multiple staffing needs for different Sections; the report will be
discussed in depth with the City Council in the coming weeks. Specific to Development, the
report identified need both in development review and inspection which would be filled with
two positions identified above.
CITY COUNCIL INFORMATION BRIEFINGMARCH 10, 2021DEVELOPMENT STAFFING NEEDSDCD & PW&U DEVELOPMENT ENGINEERING
ANNUALNEW CONSTRUTION VALUATION INCREASINGCity of Bremerton permitting has remained strong since the Great Recession and this has resulted in an on-going increase to the City’s overall valuation.The City has limited ways to increase our annual revenues. If the City focuses on supporting revitalization, especially with an emphasis on new construction, this helps grows the tax base without effecting our existing residents and it will help fund all aspects of the City’s operations such as Police, Fire, Parks, Streets, etc. The graphic at right shows how the City’s permitting activity has resulted in increased new construction valuation and therefore more funding for our important community programs.We currently need 3 new FTE’sto support Bremerton’s continuous revitalization and development permitting.New construction is exempt from the annual 1% limit on increases to property taxes in the first year. State law limits property tax increases to 1% annually. For example, if a city received $1 million in property taxes one year, it could only receive $1.01 million the following year. However new construction is not included in this this cap for the current year –the full levy rate from the prior year can be applied to new amount.
DEVELOPMENT ACTIVITY SUMMARY
COMMERCIAL CONSTRUCTION•2016 to 2020 commercial production: 272,397 sq ft•Underway and in review pipeline:351,855 sq ft
RESIDENTIAL & MULTI-FAMILY CONSTRUCTION•Total units completed 2016 to 2020: 1,121 units (annual production of about 224 units*)•New single-family under construction & in pipeline:1,193 units•New multi-family under construction & in pipeline:1,554 units* Note: Annual production needed to meet Comprehensive Plan growth expectations by 2035: 515 units
ANNUAL BUILDINGPERMIT ACTIVITY
2021 PERMITTING ACTIVITY2021 has started strong with already $22 million in construction valuation approved and more than $114 million in the review queue.Bottom line: Two months into the year and the data shows that we are already within less than $7 million of last year’s total in the permitting pipeline and there are still ten months of the year remaining.
DCD STAFFING NEEDS
DEMAND FOR DCD SERVICES INCREASE AS PERMITTING INCREASESDCD staff must perform both plan review and inspection services for all City building permits.Attached to the agenda bill is a memo to that outlines the primary issues in detail:•Plan review time is increasing well beyond the set target date of 60 days (8 weeks)•Inspection load has more than doubled since the Council last added staff to the Building Section of DCD (single family inspections are shown at right –these are only a portion of DCD inspections)Investor confidence in building projects in Bremerton may drop if permits are not processed in a timely way. This would result in the City not having increases to our property values for “new construction” and therefore having relatively small increases to our revenues
NEW DCD FTEAdd an additional FTE:Building Inspector / Plans Examiner IIPosition would be hired at mid-year 2021 with a first-year cost of $82,000Annual cost estimate for this FTE is $132,000
DCD GENERAL FUND REVENUES
PW&UDEVELOPMENT ENGINEERINGSTAFFING NEEDS
ENGINEERING DIVISION RESPONSIBILITIESReview, Approve, Inspect and Document all Improvements in the Right-of-Way:Streets:•Confirm design meets standards, review trip generation, evaluate system impacts, negotiate mitigation Utilities:•Water–evaluate system capacity and impacts. Ensure design meets standards and construction is per design•Wastewater–similar to Water •Stormwater–confirm design meets standards, evaluate system capacity, ensure construction BMPs are followed, report NPDES permit compliance
PERMIT ACTIVITY AND STAFFING•Permit activity has doubled since 2016•A Permit Tech was added in 2018 to support permit processing; however, no staff were added to support engineering or inspection•Four FTEs staff Development Engineering:•Development Engineer/PM•Development Technician•Inspector•Permit Technician•The 2020 FCS Engineering Workload Evaluation identified the need to add Development Engineering Staff.
ADDITIONAL POSITIONS NEEDEDDevelopment Engineer -CEII•Review/approve Stormwater Reports•Review/approve trip generation reports (TIA basis)•Review/approve Street, Water, Sewer, Stormwater Plans•Site reconnaissance to confirm legitimacy of developer proposals•Evaluate water and sewer availability & impacts•Ensure coordination between development and City projects•Coordinate with Developers, Consultants, other Departments & other Agencies on utility availability and system impacts, transportation issues, mitigation, permitting, etc.
ADDITIONAL POSITIONS NEEDEDDevelopment Inspector -ETIV•Field design conflict resolution•Field coordination and problem resolution between contractors, developers, private utilities, agencies and the Development Engineer •Underground water/sewer/storm inspection to confirm backfill suitability, compaction, materials approval/rejection, pressure/video inspection and testing•Road inspection to confirm geometrics, sight distance, materials approval/rejection, compaction, pavement markings•Sidewalks, ADA ramps, driveway approaches, paths, to ensure standards are met•Tree planting to confirm root barriers, irrigation, tree suitability, tree health •Stormwater BMP inspection and NPDES reporting•Site reconnaissance to confirm legitimacy of developer proposals•Reviews/approves contractor-developed record drawings.
COST OF THE POSITIONSCosts are split evenly between the 3 utilities and the General Fund similar to existing positions
UTILITY FUND IMPACTS OF NEW POSITIONSDashboard (expense & revenue) Evaluation:•Previously forecast rate increases of 3% for Water & Sewer, and 8.5% for Stormwater are assumed•New positions added beginning July 1, 2021:•Water & Stormwater -no impact to rates in the 6-year evaluation period•Wastewater –negligible one-year increase in 2024
NEXT STEPS
NEXT STEPSCity Council action on adding 3 FTEs to support development:•March 24 Study Session•April 7 Regular Meeting -Action
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of Ashley
Walchok to the Lodging Tax Advisory
Committee
Study Session Date: March 24, 2021
COUNCIL MEETING Date: April 7, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: RCW 67.28 and BMC Chapter 2.38 outline membership requirements for the Lodging
Tax Advisory Committee as follows: two (2) members from organizations that support activities which
are authorized to be funded by hotel-motel tax revenue; two (2) members from businesses that
collect the hotel-motel tax; and an elected official (Council Member).
There is a vacancy on the Lodging Tax Advisory Committee due to the departure of Jessica Arthur,
General Manager for the Fairfield Inn & Suites.
The Mayor is seeking confirmation for the appointment of Ashley Walchok, General Manager for the
Fairfield Inn & Suites to the Lodging Tax Advisory Committee.
The appointment of Ms. Walchok relates to a committee position for businesses that collect the hotel-
motel tax within Bremerton; and is for the remainder of the unexpired term expiring on May 14, 2022.
ATTACHMENTS: Applications are available in the Mayor’s Office
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Ashley Walchok to the Lodging Tax Advisory Committee for the
remainder of the term expiring May 14, 2022.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/07/15
A9
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of Ash
Printy to the Lodging Tax Advisory
Committee
Study Session Date: March 24, 2021
COUNCIL MEETING Date: April 7, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: RCW 67.28 and BMC Chapter 2.38 outline membership requirements for the Lodging
Tax Advisory Committee as follows: two (2) members from organizations that support activities which
are authorized to be funded by hotel-motel tax revenue; two (2) members from businesses that
collect the hotel-motel tax; and an elected official (Council Member).
There is a vacancy on the Lodging Tax Advisory Committee.
The Mayor is seeking confirmation for the appointment of Ash Printy, Sales Coordinator for the
Hampton Inn & Suites to the Lodging Tax Advisory Committee.
The appointment of Mr. Printy relates to a committee position for businesses that collect the hotel-
motel tax within Bremerton; and is for a 3-year term expiring on April 6, 2024.
ATTACHMENTS: Applications are available in the Mayor’s Office
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Ash Printy to the Lodging Tax Advisory Committee for a term
expiring April 6, 2024.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/07/15
A10
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of Mike
Huey to the Lodging Tax Advisory
Committee
Study Session Date: March 24, 2021
COUNCIL MEETING Date: April 7, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: RCW 67.28 and BMC Chapter 2.38 outline membership requirements for the Lodging
Tax Advisory Committee as follows: two (2) members from organizations that support activities which
are authorized to be funded by hotel-motel tax revenue; two (2) members from businesses that
collect the hotel-motel tax; and an elected official (Council Member).
Due to a vacancy, the Mayor is seeking confirmation for the appointment of Mike Huey, Washington
State Science & Engineering Fair (WSSEF) to the Lodging Tax Advisory Committee.
The appointment of Mr. Huey relates to a committee position for organizations that are eligible for
funding which also operate and promote tourism within Bremerton; and is for a 3-year term expiring
on April 6, 2024.
ATTACHMENTS: Applications are available in the Mayor’s Office
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Mike Huey to the Lodging Tax Advisory Committee for a term
expiring April 6, 2024.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/07/15
A11
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Confirm Appointment of Virgil
Valdez to the Lodging Tax Advisory
Committee
Study Session Date: March 24, 2021
COUNCIL MEETING Date: April 7, 2021
Department: Executive
Presenter: Mayor Wheeler
Phone: (360) 473-5266
SUMMARY: RCW 67.28 and BMC Chapter 2.38 outline membership requirements for the Lodging
Tax Advisory Committee as follows: two (2) members from organizations that support activities which
are authorized to be funded by hotel-motel tax revenue; two (2) members from businesses that
collect the hotel-motel tax; and an elected official (Council Member).
Due to a vacancy, the Mayor is seeking confirmation for the appointment of Virgil Valdez, Filipino-
American Association of Kitsap County to the Lodging Tax Advisory Committee.
The appointment of Mr. Valdez relates to a committee position for organizations that are eligible for
funding which also operate and promote tourism within Bremerton; and is for a 3-year term expiring
on April 6, 2024.
ATTACHMENTS: Applications are available in the Mayor’s Office
FISCAL IMPACTS (Include Budgeted Amount): None.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to confirm the appointment of Virgil Valdez to the Lodging Tax Advisory Committee for a term
expiring April 6, 2024.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/07/15
A12
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: March 24, 2021
Setting Salary for Karen Wikle as the
Budget Analyst at Pay Band 12 Rate 6 of the
2021 Management, Professional,
Confidential & Fiduciary Salary Plan
COUNCIL MEETING Date: N/A
Department: Financial Services
Presenter: Michael Riley
Phone: (360) 473-5303
SUMMARY: BMC Chapter 2.50.032 (c)(3) requires Council approval when an employee is hired into
a step higher than step A. Therefore, the City is requesting Council approval to set Karen Wikle’s
salary at Rate 6 of Band 12. Ms. Wikle has a bachelor’s degree in Economics from Western
Washington University and a master’s degree in Business Administration from Colorado Technical
University. Karen previously was the Director of Business Services at Olympic College in Bremerton,
Washington. Prior to being the Director, Karen worked as Director of Accounting Services and the
Assistant Director of Business Services for the past nine years. Prior to her employment with Olympic
College, Karen worked in the construction industry as a Senior account for five years.
ATTACHMENTS: 1) Letter of Engagement outlining the terms of employment with the City of
Bremerton; and 2) 2021 Management, Professional, Confidential & Fiduciary Salary Plan
FISCAL IMPACTS (Include Budgeted Amount): Annual Salary is $94,200.96. This appointment
does not require a budget adjustment.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation ☒ With Action
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the initial placement of Ms. Wikle’s salary at Rate 6 of Band 12 of the Management
Professional, Confidential & Fiduciary Salary Plan.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
B1
Added &
Action Anticipated
Michael Riley, Director of Financial Services
345 Sixth Street, Suite 600
Bremerton, WA 98337-1873
Telephone: 360-473-5303
Fax: 360-473-5200
mike.riley@ci.bremerton.wa.us
March 24, 2021
Karen Wikle
RE: Letter of Engagement
Dear Karen:
It is with great pleasure that I confirm your appointment to the position of Budget Analyst. Your
position is exempt from Fair Labor Standards Act (FLSA) overtime provisions and included in the
Management and Professional classifications covered under BMC 2.50 (copy attached) as follows:
Position: Budget Analyst
Department: Financial Services
Effective Date:
Rate of Pay: $3,925.04 semi-monthly (Band 12, Rate 6)
Appointment/Removal: Director of Financial Services
Supervisor: Michael Riley, Director of Financial Services
Vacation: 20 days per year
Benefits: Pursuant to BMC Chapter 2.50
Severance: Pursuant to BMC Chapter 2.50.090
You are an “at will” employee and may be terminated by the City without cause at any time with thirty
(30) days’ notice. You may be terminated for cause, without notice, and no severance pay shall be
paid.
This letter shall constitute your terms and conditions of employment with the City and there are no
other written or oral agreements that have not been set forth in this letter of engagement or covered by
Chapter 2.50 of the Bremerton Municipal Code.
Public Works & Utilities
Please sign indicating your acceptance of our offer of employment as outlined above, and return to Debbie
Klinefelter in our Human Resources Office at 345 6th Street, Suite 100, Bremerton, WA 98337.
Sincerely,
Michael Riley
Director of Financial Services
cc: Debbie Klinefelter, HR Analyst I
-----------------------------------------------------------------------------------------------------------------------------
ACCEPTANCE OF JOB OFFER:
I, Karen Wikle, hereby accept the appointment to position of Budget Analyst, under the terms and
conditions as set forth in this Letter of Engagement.
SIGNATURE: ______________________________ __________________
Karen Wikle Date