HomeMy WebLinkAbout04/28/2021 STUDY SESSION AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, APRIL 28, 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 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 May 5, 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/82701292911?pwd=bU1ZNWdYWVJiL1ZOcVFzbWdQb1AvUT09
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: 827 0129 2911
Passcode: 209823
Public questions or comments may be submitted ahead of time to City.Council@ci.bremerton.wa.us
A.BRIEFINGS ON AGENDA BILL ITEMS
1.Agreement with Long Painting Company for the Reservoir 19 Exterior Coating Replacement
2.Contract Modification Agreement No. 3 with AquaTechnex LLC for Phoslock Treatment and
Aquatic Vegetation Harvesting of Kitsap Lake
3.Amendment No. 1 to the Interlocal Cooperative Agreement with Kitsap Public Utility District
for Sharing Fiber Optic and Information Technology Services and Infrastructure
4.Professional Services Agreement with SPECTRA Laboratories – Kitsap, LLC for
Environmental Water and Soil Analyses
5.Contract with Active Construction, Inc. for Oyster Bay Beach Sewer Upgrades
6.Amendment to Clean Water State Revolving Fund Loan Agreement with the Washington
State Department of Ecology for the Oyster Bay Beach Sewer Upgrades (OB-2 to OB-1)
Project
7.Purchase Microsoft AZURE Active Directory P2/GCC/Multi-Factor Authentication; and
related Budget Adjustment
8.Interlocal Agreement for Mutual Aid and Traffic Safety Task Force
9.Renewal of Agreement with Redflex Traffic Systems, Inc. for Photo Red Light Enforcement
Program
Continued on next page…
B. INFORMATION-ONLY ITEMS
1. Public Works & Utilities, Engineering Division Workload Study; and Implementation Plan
2. Public Works & Utilities Department Organization and Staffing
3. Legal Department/City Attorney Staffing Requests
C. GENERAL COUNCIL BUSINESS
o Public Works Committee Briefing (04/20/21 Meeting) – Chair Eric Younger
o Finance, Investment & Parking Committee Briefing (04/27/21 Meeting) – Vice Chair Eric
Younger
o Other General Council Business
D. ADJOURNMENT OF STUDY SESSION
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 28, 2021
Agreement with Long Painting Company for
the Reservoir 19 Exterior Coating
Replacement
COUNCIL MEETING Date: May 5, 2021
Department: PW&U - Engineering
Presenter: Robert Endsley
Phone: (360) 473-2348
SUMMARY: Reservoir 19 is a 2.0 million gallon steel water reservoir located at 2628 Ash St. An
exterior coating assessment report was prepared by Northwest Corrosion Engineering in early 2019
which included recommendations for recoating the exterior. The exterior of the reservoir will be
abrasive blasted to remove the existing coating and a new coating system will be applied.
Seven (7) bids were received. Bids were opened on April 5, 2021. Long Painting Company was the
lowest responsible, responsive bidder in the amount of $337,881.47 (which includes sales tax).
ATTACHMENTS: 1. Agreement 2. Location Map 3. Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount): This project is included in the 2021 Water Capital
Budget.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to award the construction contract for Reservoir 19 – Exterior
Coating Replacement to Long Painting Company; 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
SECTION 00500
AGREEMENT
THIS AGREEMENT is dated the _________ day of ________ in the
year 2021 by and between City of Bremerton (hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete the WORK as specified or indicated in the OWNERS's Contract
Documents entitled RESERVOIR 19 -EXTERNAL COATING REPLACEMENT.
ARTICLE 2. CONTRACT TIMES.
The WORK shall obtain Substantial Completion within 100-calendar days from the commencement
date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this
agreement. This provision has been specifically negotiated. Final Completion and Acceptance of WORK
shall be achieved no later than 30 calendar days following Substantial Completion.
ARTICLE 3. LIQUIDATED DAMAGES.
OWNER and the CONTRACTOR recognize that time is of the essence for this Agreement and that the
OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2
herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and
Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving
in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time.
Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the OWNER liquidated
damages for the delay (Not as a penalty) in the amount of $750 per day that expires after the time
specified in Article 2.
ARTICLE 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract
Documents in the amount set forth in the Bid Schedule(s).
ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
Contractor Initials
RESERVOIR 19 -EXTERIOR COATING REPLACEMENT
APRIL2021
AGREEMENT
00500-1
LONG PAINTING COMPANY
1 1
Long Painting Company
Long Painting Company
21414 68th Ave. S.
Kent, WA 98032
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 28, 2021
Contract Modification Agreement No. 3 with
AquaTechnex LLC for Phoslock Treatment
and Aquatic Vegetation Harvesting of Kitsap
Lake
COUNCIL MEETING Date: May 5, 2021
Department: Public Works & Utilities
Presenter: Chance Berthiaume
Phone: (360) 473-5929
SUMMARY: Kitsap Lake has a history of toxic algae blooms due to elevated levels of available
phosphorus and internal recycling of phosphorus from decomposing aquatic vegetation. In the
summer of 2020, the City started work to reduce phosphorus and control aquatic vegetation using
Phoslock, a sequestering agent, and harvesting. This contract amendment extends the work through
2021 and is the second year of the 3-year plan. Phoslock reduces available phosphorus to eliminate
blue-green algae blooms and restores water quality to an acceptable condition for use by human,
animal, and fish. Harvesting removes excess aquatic vegetation biomass to reduce phosphorus
released during decomposition. Contract modification numbering jumped #1 to #2 through an editing
error, there is not a contract modification #1. AquaTechnex will mobilize and treat the lake with
Phoslock in May and begin harvesting in June of 2021 with a possible second partial Phoslock
treatment in August. NPDES Permit coverage is in place and will be renewed during the contract
term for 2021-2022.
ATTACHMENTS: AquaTechnex LLC. Goods and Services Agreement Contract Modification No. 3
FISCAL IMPACTS (Include Budgeted Amount): Project cost is $155,000 with funding sources split
between Stormwater Capital Fund ($77,500), and the General Fund ($77,500).
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to approve Contract Modification No. 3 to the Goods and
Services Agreement with AquaTechnex LLC; 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 4
Contract Modification
Rev. 10/2019
CONTRACT MODIFICATION AGREEMENT NO. 3
BETWEEN THE CITY OF BREMERTON AND AQUATECHNEX LLC.
PROJECT Phoslock Treatment of Kitsap Lake
CONSULTANT AquaTechnex LLC.
DATE 3/24/2021
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Phoslock Treatment of Kitsap Lake AGREEMENT (the "Contract") entered into between
the City of Bremerton and AquaTechnex LLC. on May 20th, 2020 and as modified on
8/11/2020, contract number 6113. Although titled “Contract Modification Agreement NO.
3,” this is the second amendment to this Contract.
All provisions in the Contract shall remain in full force and effect except as expressly modified
by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the
Contract are as follows:
I.
Section I. Scope , is modified as follows:
Scope of work for this contract is defined each year beginning in 2020 and running through 2022,
based on the needs of Kitsap Lake to control algae, eliminate invasive aquatic vegetation, and
harvest excess aquatic vegetation. The 2021 Scope of Work includes the application of Phoslock
and herbicide in conjunction with harvesting of excessive aquatic vegetation to accomplish this
goal. See 2021 Scope of Work attached as Exhibit A. A future Contract Modification is anticipated
for additional Kitsap Lake water quality treatment in 2022.
Section II. Term , is modified as follows:
The Consultant shall complete the work described in the 2021 Scope of Work by December 31st,
2021. The term of this contract is extended to December 31, 2022.
Section III. Compensation , is modified as follows:
The original contract amount was $205,692. The current contract amount, including all previous
amendments, is $235,571.25. The City shall pay the Consultant for the additional work described
above, based on time and materials, an amount not to exceed $155,000 for a total amended contract
amount of $390,571.25, including this Contract Modification.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final
settlement of all of the Consultant’s claims for contract time and for all costs of any kind,
including without limitation, costs of delays related to any work either covered or affected
by this Contract Modification, claims related to on-site or home office overhead, or lost
Page 3 of 4
Contract Modification
Rev. 10/2019
EXHIBIT A
2021 Scope of Work
Phoslock Treatment Application:
•In May, apply Phoslock to the entire lake to sequester free reactive phosphorus at a dose
determined by analyzed samples. The City will provide follow-up phosphorus monitoring
through early October to track effectiveness of the application. Consider a second dose
over deep water sites in late summer, to eliminate phosphorus levels below the
thermocline, if it is elevated, which could cause an algae bloom.
Herbicide Application:
•Repeat the shoreline noxious emergent vegetation treatment program and retreat areas
where there is new growth of invasive aquatic and shoreline species. These areas will be
treated with Clearcast. This will include obtaining coverage under the emergent noxious
weed NPDES Permit, posting as required, and treatment of plants on the state noxious
weed list as located.
Aquatic Vegetation Harvesting:
•Excessive aquatic vegetation growth will be harvested along the shoreline around the
entire lake except for Bull Rush which is outside of the scope of work. AquaTechnex will
provide an aquatic weed harvesting system with operators to cut vegetation as directed by
the City staff. The City will determine the number of days this option will consume from
the annual budget.
Compliance with all requirements of the NPDES Aquatic Permit is the sole responsibility of
AquaTechnex LLC. Public notifications for treatment activities will be completed as required
and in accordance with Permit timelines and areas.
Cost Schedule
Item Timeline and comments Budget
NPDES Permitting Estimated cost for NPDES
Permit renewal
$750
Perform water sampling and
treatment planning
April 2021 $2,000
Phoslock Budget Proposed budget for first
Phoslock treatment, will have
to be based on conditions in
the lake driven by sampling
$90,000
Aquatic Weed Harvesting
Budget
Daily rate for aquatic weed
harvester is $1,950.00.
Mobilization is $2,500.00
$45,000
Second potential Phoslock
Treatment for deep water
zones
August, if testing determines
it is needed. Will complete
Page 4 of 4
Contract Modification
Rev. 10/2019
contract modification and
budget adjustment.
Shoreline emergent noxious
weed treatment work
August $2,500
Subtotal $135,250
Contingency $14,750
Total $155,000
KITSAP LAKE CLEANUP
AQUATECHNEX 2021 CONTRACT MODIFICATION
ALGAE CONTROL WITH PHOSLOCK, AND INVASIVE VEGETATION HERBICIDE TREATMENT,
AND AQUATIC VEGETATION HARVESTING
2019 CONDITIONS
•TOXIC ALGAE BLOOMS AND EXCESSIVE AQUATIC VEGETATION W/INVASIVE SPECIES
2020 PROJECT
•PHOSLOCK APPLIED IN JUNE -60,060 LBS
•PHOSLOCK APPLIED IN AUGUST –30,030 LBS
•HERBICIDE APPLICATION FOR IRIS AND WHITE-WATER LILLY
IN AUGUST
•AQUATIC VEGETATION HARVESTING –12 DAYS IN LATE
JULY THROUGH EARLY AUGUST
2020 HARVESTING
The aquatic vegetation harvester collected more than 500 cubic yards
of grass, milfoil, and other plant species from the lake in 12 days.
Removing excess vegetation prevents the release of nutrients, including phosphorus,
as the material decomposes over the winter. This helps reduce free phosphorus used
to feed algae blooms.
2020 RESULTS
•90% REDUCTION IN PHOSPHORUS
•>3X WATER CLARITY IMPROVEMENT FROM 3.5’ TO 15’
•NO SIGNIFICANT ALGAL BLOOMS FOR SUMMER SEASON
•IMPROVED WATER CONTACT SAFETY FOR HUMANS,
WILDLIFE, AND PETS
•REDUCED PROPELLOR FOULING FOR BOATERS
•PROJECT COST: $226,000
2021 AQUATECHNEX CONTRACT MODIFICATION
•TOTAL CONTRACT COST -$155,000
•SCOPE OF WORK COVERS:
•BASELINE WATER QUALITY SAMPLING AND TESTING
•PHOSLOCK APPLICATION IN LATE MAY-EARLY JUNE, WITH POSSIBLE AUGUST WORK IN DEEP WATER
•AQUATIC HARVESTING –30 DAYS WITH GOAL TO COMPLETE THE ENTIRE LAKE
•HERBICIDE APPLICATION –TOUCH UP AROUND THE LAKE FOR YELLOW FLAG IRIS
•NPDES AQUATIC PERMIT RENEWAL
THANK YOU!
•QUESTIONS
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 28, 2021
Amendment No. 1 to the Interlocal
Cooperative Agreement with Kitsap Public
Utility District for Sharing Fiber Optic and
Information Technology Services and
Infrastructure
COUNCIL MEETING Date: May 5, 2021
Department: Public Works and
Utilities
Presenter: K. Ketterer
Phone: (360) 473- 5334
SUMMARY: The City and KPUD entered into a previous Interlocal Agreement in 2014 that outlined
the sharing of fiber optic infrastructure. This amendment builds on the original interlocal agreement
to provide a more formal and strategic working relationship which will result in leveraging the
resources of each agency to expand fiber optic infrastructure with more impact than either entity
could by working alone. The key update is the addition of section 6(g) Communication, which
outlines the relationship between the agencies.
ATTACHMENTS: 1) Interlocal Agreement with KPUD; 2) Proposed Amendment No. 1 to Interlocal
Agreement Updated
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 approve Amendment No. 1 to the Interlocal Cooperative Agreement for Sharing Fiber Optic
and Information Technology Services and Infrastructure between Kitsap Public Utility District and the
City of Bremerton; and authorize the Mayor to finalize and execute the amendment with substantially
the same terms and conditions as contained in the proposed Interlocal Agreement Amendment.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A3
Updated
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
5374
PUBLIC UTILITY DISTRICT #1 OF KITSAP CO
ILA - Sharing Fiber Optic and IT Services and
Infrastructure
Water Resources
LEG 12-1
4/1/2014
3/31/2024
3/1/2024
Comments: Automatically renews two 5 year periods
INTERLOCAL AGREEMENT
BETWEEN PUBLIC UTILITY DISTRICT NO. 1 OF KITSAP
COUNTY AND CITY OF BREMERTON FOR SHARING FIBER OPTIC
AND INFORMATION TECHNOLOGY SERVICES AND
INFRASTRUCTURE
1. Parties. THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into
on the date referenced on the signature page by and between City of Bremerton ("COB")
and Public Utility District No. 1 of Kitsap County ("PUD"). Both of these parties are
municipal corporations organized under the laws of the State of Washington and make
this Agreement pursuant to the Interlocal Governmental Cooperation Act, RCW 39.34.
2. Purpose of Agreement. This Agreement sets forth the terms and conditions for PUD
and COB to construct and share fi6er optic and information technology services,
equipment and infrastructure. PUD and COB have developed fiber optic and technology
related systems, resources and facilities capable of being shared with the other for the
mutual benefit of their citizens. It is the goal of both parties to develop appropriate
arrangements to achieve certain economies and efficiencies available upon cooperation
with each other to perform their respective responsibilities, and to make fiber optic and
technology systems available to each other and to their citizens consistent with legal
requirements applicable to municipally owned or operated facilities and infrastructure.
Both parties have determined that sharing specified fiber optic and other systems and
infrastructure will more effectively use the resources of both parties and provide
economies of scale, which will result in savings to the parties and their citizens.
3. Joint Access to Telecommunications Facilities. The parties agree to provide access to
telecommunications transmission facilities owned by each other such as underground
conduit and overheard transmission facilities. A party desiring access to these facilities
shall provide a written request to the other requesting access. The terms and conditions
of the access shall be determined on a case-by-case basis. The party providing the access
shall provide the terms and conditions for such access.
4. Sharin of Fiber Optic Cable and Conduit. The parties agree that on a case-by-case
basis they will share and generally use fiber optic cable and conduit having excess
capacity to enable the parties to avoid over-building, duplication of fiber optic
infrastructure, and minimize costs when common trench lines can be used. These sharing
arrangements shall be negotiated on a case-by-case basis.
5. Initial Agreements. This Agreement memorializes the following existing sharing
arrangements agreed upon by the parties:
a) Oyster Bay to Division Street Patch Panel. PUD has provided COB four dark
fibers from its existing fiber cable from the Oyster Bay Public Works Facility in
Bremerton to the Division Street Splice Case in Gorst. This dark fiber was provided in
consideration for Bremerton providing dark fiber identified in the subsequent paragraph.
Page 1 of 5
b) Division Street to McKenna Falls. Bremerton has provided four dark fibers to
PUD from its 144 strand fiber optic cable in place between the Division Street Splice
Case in Gorst and its present terminating location at McKenna Falls.
c) Norm Dicks Government Center (NDGC) and Fire Station 1. In exchange for the
PUD to be able to access the NDGC via COB conduit, PUD provided four strands of dark
fiber between NDGC and COB Fire Station 1.
6. Potential Future Cooperative Proiects. For future cooperative fiber projects, the PUD
and COB will determine and agree upon the following issues for the projects:
Location of cooperative project
Number of fibers allocated to each party
Entity responsible for providing the conduit
Entity responsible for installing the conduit
Entity responsible for providing the fiber
Entity responsible for installing the tiber
Entity responsible for operation and maintenance
Ownership
COB's Director of Public Works & Utilities is authorized to establish, approve and
administer future cooperative fiber projects under this Agreement on behalf of COB
pursuant to applicable COB codes and policies.
The following projects currently under consideration are examples of potential future
cooperative fiber projects between PUD and COB:
a) Fiber Cable Extension to Cellular Site. COB agrees to allow PUD to use COB
conduit existing betveen Bremerton Pump Station 8 to Reservoir 23 to install fiber optic
cable. PUD agrees to convey fiber cables to COB by bill of sale at no charge to COB.
The conduit located between Pump Station 8 and Reservoir 23 currently contains six-
strand multi-mode fibers which Bremerton agrees can be replaced and used by PUD for
installation of the new fiber. PUD will require an easement for use of its conduit and for
the continuation of this fiber optic cable installation from Reservoir 23 to the cellular site.
PUD would be responsible for installation of the conduit and fiber from Reservoir 23 to
the cellular site.
b) Fiber Cable Extension McKenna Falls to Casad Dam.
c) Fiber from Pump Station 8 to Oyster Ba perations Center.
d) Bremerton Booster Station 10 at the Port of Bremerton.
e) PS 2 at Anderson Creek.
Page 2 of 5
7. Operation and Maintenance. Operation and maintenance responsibilities will be
identified for each joint project. Each party agrees to maintain its own conduit and each
party agrees to maintain its own equipment ancillary to the fiber sharing provided
pursuant to this Agreement.
8. Real Proqertv. Any conveyance of real estate or interests in real estate will be conducted
pursuant to existing policies of the PUD and COB.
9. Indemnification. Each party shall defend, indemnify and hold the other party, 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.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PARTIES WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS
WAIVER.
In addition, PUD agrees to indemnify, defend, and hold COB harmless from any claims
that the work to be performed pursuant to this contract is outside of the existing
easements in favor of COB including but not limited to a water easement granted to COB
by the Five C's partnership. Should it be determined that PUD requires additional
easements for the activities to,be performed pursuant to this agreement, PUD agrees it
shall obtain its own easements at PUD expense. COB agrees to promptly tender any such
claims to PUD for resolution. Any costs incurred by the COB in such a challenge
including defense costs shall be paid by PUD.
10. Sharing of Hand Holes. During construction and installation activities by PUD utilizing
existing COB conduit or newly installed conduit, PUD agrees to provide hand holes
constructed in accordance with specifications provided by COB. COB shall inspect and
approve these hand holes upon their completion. Use of the hand holes will be shared
equally by the parties to access their respective fiber optic cable contained within the
conduit.
11. Term of Agreement. This Agreement shall become effective on April 1, 2014 and shall
be effective for 10 years from the date of this Agreement ("Initial Term"). This
Agreement shall automatically be renewed for 2 successive 5 year periods unless written
notice of termination is given by either party at least 30 days prior to the termination of
Initial Term or its renewals. Failure of either party to notify the other of such termination
on or before that date shall cause this Agreement to automatically be renewed. After the
Initial Term and during any renewal term, either party may terminate this Agreement
upon 180 days prior written notice. Upon termination, both parties are granted the option
of removing its improvements or selling them to the other. The dark fiber swaps and
easement conveyances are not terminable.
Page 3 of 5
12. Governin Law and Venue. If any dispute arises between the Parties under any of the
provisions of this Agreement, resolution of that dispute shall be available only through
the jurisdiction, venue and rules of Kitsap County Superior Court, Kitsap County,
Washington, unless otherwise agreed.
13. Insurance. Each party shall have in full force and affect, and continue to maintain in full
force and affect, all insurance policies currently in place for property and liability
coverage.
14. No Separate Entitv/Administration. The parties do not intend to create any new or
sepazate legal or administrative entity by this Agreement. No separate fund shall be
established. It is not contemplated that any property, real or personal, will be acquired by
either jurisdiction separately or jointly as a result of this Agreement.
15. Non-Discrimination. The parties shall not discriminate in any manner related to this
Agreement on the basis of race, color, national origin, sex, sexual orientation, religion,
age, marital status or disability in employment of the provision of services. •
16. Severabilitv. If any provision of the Agreement shall be held invalid, the remainder of
this Agreement shall not be affected thereby if such remainder would then continue to
serve the purposes and objectives of all parties.
17. Entire Agreement. This Agreement constitutes the entire agreement between parties.
Any modifications or amendments to this Agreement shall be in writing and shall be
signed by each party.
18. Compliance with RCW 39.34.040. Pursuant to RCW 39.34.040, this Agreement shall
be filed with the Kitsap County Auditor or alternatively, listed by subject on the public
web site of the parties hereto or on other electronically retrievable public source.
DATED this Zday of 2014
CITY OF BREMERTON PUBLIC UTILITY DISTRICT NO. 1 OF
KITSAP COUNTY
crr resident, Board of Commissioners
TEST:
City Clerk
J .J, . _I Li
i. /
Page 4 of 5
APPROVED AS TO FORM
r A. Lubovic
City of Bremerton Attorney
R:\Lcgal\Legal\Contracts\Pl?BI.IC WORKS\2014 PUD II.A -Final.docx
APPROVED AS TO FORM
William H. Brou ton
Kitsap PUD Attorney
Page 5 of 5
Page 1
Interlocal Agreement Between Kitsap Public Utility District and the City of Bremerton for Public Fiber Optic System Expansion
AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF BREMERTON AND KITSAP PUBLIC UTILITY DISTRICT
NO. 1 AND CITY OF BREMERTON FOR SHARING FIBER OPTIC AND
INFORMATION TECHNOLOGY SERVICES AND INFRASTRUCTURE
____________________
THIS AMENDMENT TO INTERLOCAL AGREEMENT is made and entered into
pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on
the ________ day of ________________________, 2021, by and between the Kitsap Public
Utility District (KPUD) and the City of Bremerton (City) (the Parties).
WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative
efforts between public agencies, and
WHEREAS, Kitsap Public Utility District owns and operates a fiber optic system
throughout Kitsap County, and
WHEREAS, both parties have entered into an interlocal agreement (ILA) on March 21,
2014 and wish to amend that ILA,
NOW, THEREFORE, in consideration of their mutual covenants, conditions and
promises, THE PARTIES AGREE to amend the existing ILA as follows:
(6)(f) DOCUMENTATION OF COOPERATIVE PROJECTS: Cooperative projects will be
documented as they are negotiated and placed on record as made pursuant to this ILA. For
each project the document will identify:
a. Location of the cooperative project
b. Entity responsible for providing the infrastructure
c. Entity responsible for installing the infrastructure
d. Entity responsible for operations and maintenance
e. Ownership of infrastructure
f. Telecommunications services or infrastructure to be exchanged.
The City’s Director of Public Works and Utilities and the PUD’s Telecom Director are
authorized to establish, approve and administer future cooperative telecommunications
projects under this agreement with the consent of each Legislative authority if required.
Page 2
Interlocal Agreement Between Kitsap Public Utility District and the City of Bremerton for Public Fiber Optic System Expansion
6(g) COMMUNICATION: Appropriate KPUD/City staff will meet on a regular basis to
enhance and maintain the relationship between the agencies and discuss opportunities and
specific actions necessary to move individual projects forward. The City will take lead in
scheduling these meetings and developing the agenda. From time to time, appropriate KPUD
and City staff will attend Board/Council meetings to provide updates. Potential topics for
improved communication include:
a. City long range capital plans for transportation, utility, and facility projects.
b. Upcoming development projects within the City.
c. KPUD long range capital improvement plans for fiber infrastructure.
d. Coordination in planning efforts such as comprehensive plans, sub area planning,
and transportation planning.
e. Review of City design standards and development code to find opportunities to
improve and expand publicly-owned fiber optic systems within the City.
f. Ongoing coordination to identify and engage on opportunities to partner on
expansion of the fiber network.
11. Term of Agreement. This amended agreement shall take effect upon execution of the
agreement by both KPUD and the City and shall remain in effect until December 31, 2030.
This agreement shall automatically be renewed for two (2) successive five (5) year periods
unless written notice of termination is given by either party at least 30 days prior to the
termination of the initial term or its renewals. Failure by either party to notify the other of such
termination on or before that date shall cause this amended agreement to automatically be
renewed. Either party may terminate this agreement upon 180 days prior written notice. Upon
termination, both parties are granted the option of removing its improvements or selling them
to the other. The dark fiber swaps and easement conveyances are not terminable and survive
the termination of this agreement.
13. INSURANCE: Each party shall have in full force and affect, and continue to maintain in
full force and affect, all insurance policies in place for property and liability coverage. Each
party shall name the other as an additional insured party.
19. ADMINISTRATION OF AGREEMENT: The Bremerton Public Works Department,
through its Public Works Director, will administer this agreement for the City. Kitsap PUD,
through its Telecom Director, will administer this agreement for KPUD.
20. PROJECT LEAD ENTITY AND PROJECT MANAGER: The Parties will assign an
appropriate project lead entity and project manager for each individual project through mutual
agreement.
21. APPROVAL PROCESS: For both individual projects and strategic plans, all key project
policy decisions, design decisions, milestones, and budgets will be agreed upon by both KPUD
and the City. Each party will ensure all appropriate administrative processes for their
Page 3
Interlocal Agreement Between Kitsap Public Utility District and the City of Bremerton for Public Fiber Optic System Expansion
respective jurisdiction are adhered to.
22. OWNERSHIP AND MAINTENANCE: Ownership and maintenance responsibilities for
each expanded fiber optic segment will be determined through mutual agreement and
formalized through an appropriate written instrument satisfactory to each Party.
23. KPUD EMPLOYEES: KPUD employees pursuant to this agreement remain employees of
KPUD at all times and shall perform the work envisioned under sole supervision of KPUD.
24. CITY EMPLOYEES: City employees pursuant to this agreement remain employees of the
City at all times and shall perform the work requested under sole supervision of the City.
25. REIMBURSEMENT: At the mutual agreement of the parties, either party may reimburse
the other for specifically defined services which constitute a work program or project.
26. NOTICES:
All notices and payments hereunder may be delivered, emailed or mailed. If mailed or emailed,
they shall be sent to the following respective addresses:
To KPUD: To Bremerton:
General Manager City of Bremerton
1431 Finn Hill Road 345 6th Street, Suite 100
Poulsbo, WA 98370 Bremerton, WA 98337
Attn: City Clerk
Phone: (360) 427-9670 Phone: (360) 473-5323
Email: Email: city.clerk@ci.bremerton.wa.us
or to such other respective addresses as either Party may hereafter designate in writing. All
notices and payments mailed by regular post (including first class) shall be deemed to have
been given on the second business day following the date of mailing, if properly mailed and
addressed. Notices and payments sent by certified or registered mail shall be deemed to have
been given on the day next following the date of mailing, if properly mailed and addressed.
For all types of mail, the postmark affixed by the United States Postal Service shall be
conclusive evidence of the date of mailing.
Page 4
Interlocal Agreement Between Kitsap Public Utility District and the City of Bremerton for Public Fiber Optic System Expansion
DATED this , day of , 2021
CITY OF BREMERTON KITSAP PUBLIC UTILITY DISTRICT
KITSAP COUNTY, WASHINGTON
_________________________________
Greg Wheeler, Mayor Bob Hunter, Manager
_________________________ _________________________________
Date Date
ATTEST: ATTEST:
_________________________ _________________________________
Angela Hoover, City Clerk Corine Vichi, Clerk of the Board
Approved as to form: Approved as to form:
_________________________________ _____________________________
Roger A. Lubovich, City Attorney William Broughton. PUD attorney
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Professional Services
Agreement with SPECTRA Laboratories –
Kitsap, LLC for Environmental Water and
Soil Analyses
Study Session Date: April 28, 2021
COUNCIL MEETING Date: May 5, 2021
Department: Public Works & Utilities
Presenter: Cami Apfelbeck
Phone: (360) 473-2315
SUMMARY: The City of Bremerton water utility collects about 1300 routine and investigative water
and soils samples each year in compliance with state and federal regulations and to ensure it is
providing safe, clean drinking water to customers. Periodically, regulatory agencies may require
additional targeted sampling such as required under EPA’s Unregulated Contaminant Monitoring
Rule based upon emerging contaminants of concern.
Samples must be analyzed by a state-certified laboratory using state and federally-accepted
analytical methods. The vast majority of the samples are bacteriological, and to ensure that
bacteriological sample holding times are met, the laboratory must be within 30 driving miles of the
utility operations center at 100 Oyster Bay Ave N.
This 3-year agreement replaces the current outdated agreement.
ATTACHMENTS: Project summary and Professional Services Agreement that sets terms and
conditions, scope of work, and deliverables.
FISCAL IMPACTS (Include Budgeted Amount): A total of $180,000 at $60,000 per year from the
Water Utility Operations Professional Services Budget (534.5134 54110). No budget additions or
changes required.
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 between the City of Bremerton and
SPECTRA Laboratories - Kitsap, LLC, 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
PSA - SPECTRA Laboratories - Kitsap, LLC
Cami Apfelbeck, Water Utility Manager
April 20, 2021
Basis for project: The current laboratory services professional services agreement is outdated and
requires an update.
Project Description: The City of Bremerton water utility collects about 1300 routine and investigative
water and soils samples each year in compliance with state and federal regulations and to ensure it is
providing safe, clean drinking water to customers (Figures 1 and 2 below). Periodically, regulatory
agencies may require additional targeted sampling such as required under EPA’s Unregulated
Contaminant Monitoring Rule based upon emerging contaminants of concern. Samples must be
analyzed by a state-certified laboratory using state and federally-accepted analytical methods.
Figure 1 Figure 2
Project location: City of Bremerton utility operations and distribution system, as well as, all groundwater
sources and the Union River Watershed.
Bid Solicitation: IAW BMC 2.76.040, not required for professional services. Selection criteria:
• Expediency – must be within 30 driving miles in order to receive and process bacteriological
samples which have a short holding time of 8 hours
• Comprehensive service – must be EPA/State certified to provide all needed analyses (There are
other labs that are certified for some of the scoped analyses. However, it would be
administratively challenging to manage multiple contracts, not to mention more costly, as
laboratories consistently offer discount pricing for bulk services.)
• Efficiency – must provide no-cost daily courier service to pick up samples at the Oyster Bay Ave
N facility (It would be extremely inefficient to take at least an hour of an employee’s time each day
to deliver samples; significantly longer if trying to use multiple laboratories.)
SPECTRA Laboratories – Kitsap, LLC is the only feasible option that meets these criteria.
Amount: $180,000 at $60,000 per year.
Fund: Water Utility Operations Professional Services Budget (53 4.5134 54110).
Project deadline: 3-year contract.
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Bremerton/SPECTRA Laboratories-Kitsap, LLC
Environmental Water and Soil Analyses
Rev. 06/2020
PROFESSIONAL SERVICES AGREEMENT
SPECTRA Laboratories - Kitsap, LLC
Environmental Water and Soil Analyses
The City of Bremerton (“City”) and SPECTRA Laboratories - Kitsap, LLC (“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 4, 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 $60,000 per year. 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.
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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
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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.
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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 laboratory in Poulsbo, 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
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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 laboratory in Poulsbo, Washington or Port Orchard, 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: Water Utility Manager Attn: Laboratory Owner
City of Bremerton SPECTRA Laboratories-Kitsap, LLC
100 Oyster Bay Ave N 26276 Twelve Trees Ln. #C
Bremerton, WA 98312 Poulsbo, WA 98370
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.
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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 or by the Consultant upon one hundred eighty (180) days prior written notice. 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.
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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.
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IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY: CONSULTANT:
CITY OF BREMERTON SPECTRA Laboratories-Kitsap, LLC
By: By:
Print Name: Greg Wheeler Print Name: Frederick Barkman
Its: Mayor Its: Laboratory Owner
Date: Date: March 19, 2021
APPROVED AS TO FORM: ATTEST:
By: By:
Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx
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Exhibit A
SCOPE OF WORK FOR LABORATORY SERVICES
March 2021
Background
The City of Bremerton Water Utility (Bremerton) operates a Class A water system
serving a population of approximately 71,000. Sources include an approved unfiltered
surface supply and groundwater. Regulations require the following types of analysis:
□ Presence/absence total coliform for finished drinking water (30 hour holding time)
□ Heterotrophic plate count (8 – 24 hour holding time)
□ Total and fecal coliform density for source water (8-hour holding time)
□ Various other chemical analyses for drinking water and environmental purposes.
Laboratory Location
The laboratory location must remain less than 30 miles driving distance from the
Bremerton Water Utility Operations Center at 100 Oyster Bay Ave. N. Both SPECTRA
Laboratories-Kitsap, LLC locations at 26276 Twelve Trees Lane NW, Poulsbo and 1786
Mile Hill Drive, Port Orchard are acceptable.
Laboratory Availability
WAC 246-290-690(3)(j)(i) requires that Bremerton have a laboratory available seven
days per week. Although routine monitoring occurs predominantly during regular
business hours (7:30 a.m. to 4:00 p.m., Monday through Friday), there may be times
that Bremerton needs to have bacteriological samples analyzed on Saturdays,
Sundays, and holidays. Therefore, on-call availability must be provided on all
weekends and holidays.
On-call availability is waived if, for logistical reasons outside either Bremerton’s or
SPECTRA’s control, the sample cannot be analyzed. Extreme weather, power outages,
and other similar emergencies fall into this category
Analytical Procedures
Appropriate, approved analytical procedures meeting state and federal drinking water
regulatory requirements will be used.
Certification Required
All analyses for drinking water compliance must be performed by a laboratory certified
by the State of Washington.
Quality Control
A copy of the latest laboratory quality assurance plan will be provided to Bremerton.
Quality control documentation for chemical procedures will be sent with sample results.
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Sample Containers and other Materials Required for Sampling
All sample containers and materials required for sampling will be supplied by the lab
and will be properly prepared for the particular analysis requested.
Bremerton will supply pre-printed sample information slips for bacteriological samples.
Sample Transport
Monday through Friday courier sample pick-up at the City’s Water Utility Operations
Center at 100 Oyster Bay Ave N must be provided at no extra cost. Depending upon
circumstances, Bremerton may also choose to hand deliver samples. Samples must be
kept below 10o C during transit.
Bremerton will send a completed sample information slip with each bacteriological
sample or appropriate chain-of-custody for all other analyses and will inform the
laboratory of any specific requirements for testing.
Laboratory Holding Times
The laboratory will adhere to regulatory-required holding times. Note that source fecal
samples have only an 8-hour holding time. Bacterial analysis for total coliform
presence/absence samples received by the lab before 3:30 PM shall be set up the
day received.
Data Package
Bacteriological sample results will be delivered to Bremerton within seven calendar days
of sample receipt by the laboratory and all results must be received for the previous
month by the 6th day of the next month.
Chemical sample results will be delivered to Bremerton within 30 calendar days of
sample receipt by the laboratory and will include:
Case narrative – sample type, sample ID, summary of any problems with the
sample, shipment, or holding times.
QA/QC Documentation – Results of relevant quality control checks initiated by
the laboratory, calibration and blanks, spike results, and instrumentation
performance.
Sample data – final results for all samples.
For drinking water regulatory samples - report all data to Washington State
reporting limit.
Notification
Bremerton will provide the laboratory with a procedure for notifying the City about
samples or changes in hours. The laboratory will provide to Bremerton a procedure for
contacting the laboratory during regular business hours and for weekend, holiday, and on-
call laboratory services.
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The laboratory shall notify Bremerton by phone before 4:00 pm or by 8:00 am the next
day when any distribution coliform sample is presence for total coliform or E. coli.
This message must be transmitted to a Water Resources Division employee, not left on
an answering machine.
The laboratory will provide Bremerton a minimum of 7-day notice when its regular
business hours are changed due to holidays, staff availability, or other similar reasons.
This does not affect the requirement for on-call laboratory service, and the laboratory
will still be required to provide on-call laboratory services. The laboratory will give as
much notice as possible when it will not be open for regular business hours due to an
emergency. The lab shall notify Bremerton as early as possible after 7:30 am of such a
laboratory closure. In emergency instances when it is not possible or safe for personnel
to get to the laboratory (such as for inclement weather), the requirement for on-call
laboratory service is waived.
Page 12 of 15
Bremerton/SPECTRA Laboratories-Kitsap, LLC
Environmental Water and Soil Analyses
Rev. 06/2020
Exhibit B
Schedule
March 2021
Background
Agreement expires 3 years from the fully-executed agreement date.
Page 13 of 15
Bremerton/SPECTRA Laboratories-Kitsap, LLC
Environmental Water and Soil Analyses
Rev. 06/2020
Exhibit C
Background
Laboratory Fees/Rates
Bremerton has agreed to a 3-year contract with SPECTRA Laboratories – Kitsap, LLC.
Page 14 of 15
Bremerton/SPECTRA Laboratories-Kitsap, LLC
Environmental Water and Soil Analyses
Rev. 06/2020
Contract expires 3 years from fully executed contract date.
Page 15 of 15
Bremerton/SPECTRA Laboratories-Kitsap, LLC
Environmental Water and Soil Analyses
Rev. 06/2020
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 28, 2021
Contract with Active Construction, Inc. for
Oyster Bay Beach Sewer Upgrades
COUNCIL MEETING Date: May 5, 2021
Department: PW&U - Engineering
Presenter: Bill Davis
Phone: (360) 473-2312
SUMMARY: This project will construct an upland sewer system and eliminate beach sewer
connections for 43 properties along Kitsap Way, Shorewood Drive, and Madrona Point Drive that
currently discharge to a beach sewer located along the west shore of Oyster Bay. The new upland
sewer system will consist of gravity and low pressure sewers and grinder pumps to serve the various
properties. Additional improvements include installing a 12-inch sewer force main, a stormwater
system, and surface restoration that will widen the shoulder on Shorewood Drive to accommodate
future sidewalks.
Five (5) bids were received. Bids were opened on April 14, 2021. Active Construction, Inc. was the
lowest responsible, responsive bidder in the amount of $6,237,237 (which includes sales tax).
ATTACHMENTS: 1. Agreement 2. Location Map 3. Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount): The overall project cost (including design,
construction management, construction, and other project costs) is estimated at $7.7 million and is
funded by a Department of Ecology loan, and reallocated funds within the stormwater fund and the
wastewater fund.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to award the construction contract for Oyster Bay Beach Sewer
Upgrades to Active Construction, Inc. in the amount of $6,237,237 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
Updated
City of Bremerton March 2021
Oyster Bay Beach Sewer Upgrades CF-1
CONTRACT
(Page 1 of 3)
THIS AGREEMENT is dated the day of __________________________________ in the year
2021 by and between City of Bremerton (hereinafter called CITY) and
(hereinafter called CONTRACTOR).
CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents
entitled Oyster Bay Beach Sewer Upgrades.
ARTICLE 2. CONTRACT TIMES.
The WORK shall obtain Substantial Completion for specific project milestones in accordance with the
dates set forth in the following schedule Time is of the essence as to each and every deadline set forth
in this agreement. This provision has been specifically negotiated.
Milestone Substantial or Contractual
Completion Date
Liquidated Damages
Completion of final paving
along Kitsap Way
September 3, 2021 $1,500
Phase 1 Substantial
Completion
December 15, 2021 $1,500
Phase 2 Substantial
Completion
September 30, 2022 $1,500
ARTICLE 3. LIQUIDATED DAMAGES.
CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY
will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein,
plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications
which may be modified by the Special Provisions. They also recognize the delays, expense, and
difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK
is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall
pay the CITY liquidated damages as shown in the table in Article 2. Liquidated damages will begin to
accrue on the calendar day immediately following the Substantial or Contractual Completion Date.
ARTICLE 4. CONTRACT PRICE.
CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract
Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in
Section 1-07.2(2) of the Special Provisions.
_____________________
Contractor Initials
ACTIVE CONSTRUCTION, INC.
City of Bremerton March 2021
Oyster Bay Beach Sewer Upgrades CF-2
CONTRACT
(Page 2 of 3)
ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the
Standard Specifications which may be modified by the Special Provisions. Applications for Payment
will be processed by ENGINEER as provided in the Special Provisions
ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR
concerning the WORK consist of this Contract and the following which are either attached or
incorporated herein by reference:
- Notice Inviting Bids,
- Bidders Checklist,
- Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all
required certificates and affidavits,
- Performance Bond,
- Payment Bond,
- Standard Specifications,
- Appendices,
- Special Provisions,
- CSI Technical Specifications,
- Contract Plans,
- Addenda numbers _____ to _____, inclusive.
- Change Orders which may be delivered or issued after Effective Date of the Agreement and are
not attached hereto.
There are no Contract Documents other than those listed in this Article 6. The Contract Documents
may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications
which may be modified by the Special Provisions.
ARTICLE 7. INDEMNIFICATION.
The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in
accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his
immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws
and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER,
their consultants, sub consultants, and the officers, directors, employees, and agents of each and any
of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs
and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the
Contract Documents or any performance of the WORK, but not from the sole negligence or willful
misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The
provisions of this section shall survive the termination of the contract.
_____________________
Contractor Initial
1 2
City of Bremerton March 2021
Oyster Bay Beach Sewer Upgrades CF-3
CONTRACT
(Page 3 of 3)
ARTICLE 8. ASSIGNMENT
No assignment by a party hereto of any rights under or interests in the Contract Documents will be
binding on another party hereto without the written consent of the party sought to be bound; and
specifically but without limitation monies that may become due and monies that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or
all of its duties, rights and/or responsibilities under the Agreement, except with regards to an
assignment of funds for security purposes. In the case of an assignment for security purposes the
CITY may condition its approval to the extent it deems necessary to assure that there will be adequate
funds to complete the WORK and to pay a subcontractors and suppliers.
CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to
the other party hereto, its partners, successors, assigns and legal representatives in respect of all
covenants, agreements and obligations contained in the Contract Documents.
Third-Party Beneficiary: All parties agree that the State of Washington shall be, and is hereby, named
as an express third-party beneficiary of this contract, with full rights as such.
IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day
and year first above written.
CITY : City of Bremerton CONTRACTOR
(Signature) (Signature)
By Greg Wheeler, Mayor By
(Printed name) (Printed name) [CORPORATE SEAL]
Attest Attest
Address for giving notices Address for giving notices
License No.
Approved as to Form:
Agent for service of process:
(Signature)
City Attorney
(Title)
Active Construction, Inc.
OYSTER BAY BEACH SEWER UPGRADES
PROJECT LOCATION MAP
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Amendment to Clean Water
State Revolving Fund Loan Agreement with
the Washington State Department of
Ecology for the Oyster Bay Beach Sewer
Upgrades (OB-2 to OB-1) Project
Study Session Date: April 28, 2021
COUNCIL MEETING Date: May 5, 2021
Department: Engineering
Presenter: Bill Davis
Phone: (360) 473-2323
SUMMARY: The City has submitted an amendment to the Department of Ecology to increase the
Clean Water State Revolving Fund (CWSRF) loan amount for the project Oyster Bay Beach Sewer
Upgrades. The project costs have increased to $7,700,000. These increased costs are a result of
added scope and current market conditions. The overall project budget needs to be increased to
$7,700,000 accordingly. Projects costs eligible for reimbursement by the Ecology loan are estimated
at $7,000,419. The original executed loan agreement was $3.8 million with an additional $2.4 million
commitment, included in the 2021 budget, from the Department of Ecology. The loan amendment
will increase the original loan from $3,800,000 to $7,000,419. The requested actions before City
Council are approval of the amendment to the CWSRF Loan and approval of an increase of the
overall project budget to $7,700,000.
ATTACHMENTS: 1. Fiscal Summary Added 2. Draft Amendment to the CWSRF Loan Agreement
WQC-2018-BremPW-00117 Added
FISCAL IMPACTS (Include Budgeted Amount):
This project is included in the wastewater and stormwater capital budgets but requires additional
revenue in the form of this loan amendment and reallocated funds in the wastewater CIP to cover the
increased project costs. The overall project cost has increased to $7,700,000. See the attached
summary for the revenue details.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the amendment to the CWSRF Loan Agreement with the Washington State
Department of Ecology for Oyster Bay Beach Sewer Upgrades and the overall project budget
increase to $7.7 million, and authorize the Mayor to finalize and execute the amendment with
substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A6
Updated
Oyster Bay Beach Sewer Upgrades
Fiscal Summary
April 2021
FISCAL SUMMARY
OYSTER BAY BEACH SEWER UPGRADES
The project overall cost was originally estimated at $3.8M in 2016. This value was used in the
application for a Department of Ecology Clean Water State Revolving Fund (CWSRF) loan. The loan for
$3.8M was executed in June 2018. During design in September 2020, the City added scope to the
project to install a new sewer force main in conjunction with the low pressure sewers. The City’s
consultant (Parametrix) estimated a revised overall project cost of $6.2M. In subsequent discussions
with Ecology in October 2020, Ecology agreed to increase the loan amount up to $6.2M; with an
agreement that the final loan amount would be determined after the construction bids were opened.
Bids were opened on April 14, 2021. The low bid from Active Construction Inc. was for $6,237,237. The
overall project amount was revised and increased to $7.7M. Of this amount, $7,000,419 is eligible for
reimbursement by the Ecology loan. Loan amendment #1 will increase the loan amount as shown in the
following table.
Task Original Loan, executed
6/30/18
Loan Amendment #1, to be
executed in May 2021
Task 1 - Project Admin/Management $ 25,000 $ 50,000
Task 2 - Permitting and Design $ 400,000 $ 860,000
Task 3 - Construction Management $ 300,000 $ 480,000
Task 4 - Construction $ 3,075,000 $ 5,118,690
Task 5 - Change Order Allowance $ - $ 361,729
Task 6 - Cultural Resources (NEW TASK) $ - $ 130,000
$ 3,800,000 $ 7,000,419
The current overall project budget is $6.4M and will be increased by $1.3M to $7.7M. An additional
$1.1M will be allocated from the wastewater fund and $200,000 will be allocated from the stormwater
fund as shown in the following table.
FUND SOURCE CURRENT AMOUNT ($) INCREASE ($) REVISED AMOUNT ($)
WASTEWATER 6,400,000 1,100,000 7,500,000
STORMWATER 0 200,000 200,000
TOTAL PROJECT 6,400,000 1,300,000 7,700,000
The project will be completed in late 2022. For 2021, money will be reallocated from the following
projects from the wastewater and stormwater funds:
Wastewater fund:
o WW00053 – Optimization for Nutrient Removal – $200,000
o WW00042 – WWTP & Pump Station Improvement Program – $300,000
Stormwater fund:
o SW00004 – CIPP Rehabilitation of Stormlines – $200,000
AMENDMENT NO. 1
TO AGREEMENT NO. WQC-2018-BremPW-00117
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
CITY OF BREMERTON
PURPOSE: To amend the above-referenced agreement (AGREEMENT) between the state of Washington Department of
Ecology (ECOLOGY) and City of Bremerton (RECIPIENT) for the Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1
(PROJECT).
This amendment is needed to modify the scope of work and increase the loan to cover additional project costs as a result of
market conditions, added scope of work, outsourcing construction management services, and additional cultural resource
monitoring requirements.
1) The Scope of Work is changed:
a. Task 4, Construction, is modified to include: An upland 3 inch low pressure sewer (LPS) main and an upland large diameter
force main (12 inch diameter).
b. Task 6, Cultural Resource Management/Monitoring, is added.
2) The total budget is increased in the amount of $3,200,419. Loan (EL180442) is increased from $3,800,000 to
$7,000,419.
a. Task 1, Project Administration/Management, is increased by $25,000, from $25,000 to $50,000.
b. Task 2, Permitting and Design, is increased by $460,000, from $400,000 to $860,000.
c. Task 3, Construction Management, is increased by $180,000, from $300,000 to $480,000.
d. Task 4 budget by $1,500,960 to cover increased scope of work and $543,000 for cost overruns (10% of Engineers
Estimate at the time of bid) resulting from higher than expected bids for a total increase of $2,043,690, from $3,075,000 to
$5,118,690.
e. Task 5, adds a Change Order Allowance (5% of low bid construction amount) in the amount of $361,729.
f. Task 6, Cultural Resource Management/Monitoring, is added, increasing the budget by $130,000.
3) The Completion and Initiation of Operation Dates remain the same.
4) The Estimated Loan (EL180442) Repayment Schedule Number 2560, created on January 22, 2019, is replaced with
Estimated Loan Repayment Schedule Number 0333, created on April 26, 2021.
IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows:
Total Cost:
Original: 3,800,000.00 Amended: 7,500,000.00
Template Version 10/30/2015
State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 2 of 13
Total Eligible Cost:
Original: 3,800,000.00 Amended: 7,000,419.00
CHANGES TO THE BUDGET
Funding Distribution EL180442
Title:FY18 SRF (State)
Type:State
Funding Source %:100%
Description:The Clean Water Act (CWA) (33 U.S.C 1251-1387) established the State Revolving Fund
(SRF) low interest loans program (40. C.F.R. Part 31, 35 Sub Part K). Washington State
administers the program under Chapter 173-98 WAC. The portion of this project funded
with this funding distribution comes from non-federal source and are not subject to Federal
Funding Accountability and Transparency Act (FFATA) and Single Audit Act (SAA).
However, this project is subject to the federal requirements outlined in Section 4 and 5 of
agreement terms and conditions.
Approved Indirect Costs Rate:
Recipient Match %:
InKind Interlocal Allowed:
InKind Other Allowed:
Is this Funding Distribution used to match a federal grant?
Approved State Indirect: 30%
0%
No
No
No
Effective Interest Rate: 1.5% Interest Rate: 0.5% Admin Charge: 1%
Terms:20 years
Project Start Date: 06/30/2018 Project Completion Date: 12/31/2022
Estimated Initiation of Operation date:
Loan Security:
Final Accrued Interest:
Final Loan Amount:
Repayment Schedule Number:
06/30/2022
Revenue Secure Lien Obligation of the Recipient
$
$
333
Funding Title:
Funding Expiration Date:
Funding Type:
Funding Source:
Funding Effective Date:
SRF Loan
Loan
06/30/2018 12/31/2022
Template Version 10/30/2015
State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 3 of 13
SRF Loan Task Total
Project Administration/Management $50,000.00
Permitting & Design $860,000.00
Construction Management $480,000.00
Construction $5,118,690.00
Change Order Allowance $361,729.00
Cultural Resource Management/Monitoring $130,000.00
Total: 7,000,419.00$
CHANGES TO SCOPE OF WORK
Task Number:1 Task Cost: $50,000.00
Task Title:Project Administration/Management
Task Description:
A. The RECIPIENT shall carry out all work necessary to meet ECOLOGY grant or loan administration requirements .
Responsibilities include, but are not limited to: maintenance of project records; submittal of requests for reimbursement and
corresponding backup documentation; progress reports; and a recipient closeout report (including photos).
B. The RECIPIENT shall maintain documentation demonstrating compliance with applicable procurement , contracting, and
interlocal agreement requirements; application for, receipt of, and compliance with all required permits, licenses, easements, or
property rights necessary for the project; and submittal of required performance items.
C. The RECIPIENT shall manage the project. Efforts include, but are not limited to: conducting, coordinating, and scheduling
project activities and assuring quality control. Every effort will be made to maintain effective communication with the
RECIPIENT's designees; ECOLOGY; all affected local, state, or federal jurisdictions; and any interested individuals or
groups. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement .
Task Goal Statement:
Properly managed and fully documented project that meets ECOLOGY’s grant or loan administrative requirements .
Task Expected Outcome:
* Timely and complete submittal of requests for reimbursement , quarterly progress reports, and RECIPIENT closeout report.
* Properly maintained project documentation
Template Version 10/30/2015
State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 4 of 13
Recipient Task Coordinator: Linda Fulton
Deliverables
Due DateDescriptionNumber
1.1 Quarterly Progress Reports
1.2 Recipient Closeout Report
1.3 Project Outcome Summary Report
Template Version 10/30/2015
State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 5 of 13
Template Version 10/30/2015
State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 6 of 13
CHANGES TO SCOPE OF WORK
Task Number:2 Task Cost: $860,000.00
Task Title:Permitting & Design
Task Description:
A. The RECIPIENT shall obtain necessary permits required for the project .
B. The RECIPIENT shall procure engineering services in accordance with state law . The RECIPIENT must include
ECOLOGY’s specification insert in the contract documents for design . The RECIPIENT shall submit all contracts for
engineering services before ECOLOGY shall provide reimbursement for work performed under this task . The engineering
consultant firm shall complete the final design and permitting for the project under the management and oversight of the
RECIPIENT.
C. The RECIPIENT shall design the grinder pumps and conveyance pipelines . Plans and specifications developed by the
RECIPIENT shall be consistent with the requirements of Chapter 173-240 WAC.
D. The plans and specifications, construction contract documents, and addenda shall be approved by the RECIPIENT prior
to submittal for ECOLOGY review. All construction plans submitted to ECOLOGY for review and approval shall be reduced
to no larger than 11" x 17" in size. All reduced drawings shall be completely legible. The project manager may request plans
be submitted in either PDF or AutoCAD electronic format, and specifications in a searchable PDF or Microsoft Word
electronic file. A current construction cost estimate shall be submitted along with each plan /specification submittal. The project
manager may request a spreadsheet of the costs in electronic file format.
E. The RECIPIENT shall complete the facility design within 24 months after the execution of this AGREEMENT. The
RECIPIENT has requested an additional 12 month extension to the standard 12 month design completion requirement for Step
4 design construct projects due to the size and difficulty of a project of this kind . Ecology will review progress after 12 months
to ensure sufficient progress has been made . If it is determined that sufficient progress has not been made toward the
completion of design, this agreement may be amended to include design only, de-obligating construction funding for use on
other projects.
F. Investment Grade Efficiency Audit. The RECIPIENT shall procure a third party analysis of potential energy and water
efficiency measures for incorporation into the design of any wastewater facilities . The analysis shall identify potential efficiency
measures, provide cost estimates, and evaluate their cost effectiveness . If the RECIPIENT has obtained either a preliminary or
investment grade energy audit of the utility in the last 5 years, documentation of that audit can be submitted instead.
G. The RECIPIENT's construction management staff shall provide a constructability review and quality assurance check of the
project drawing and specification package, and general requirements of the construction bid documents at the 60 percent and
90 percent stages.
Task Goal Statement:
See Overall Goal.
Template Version 10/30/2015
State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 7 of 13
Task Expected Outcome:
See Overall Goal.
Recipient Task Coordinator: Bill Davis
Deliverables
Due DateDescriptionNumber
2.1 Documentation of local, state and federal permitting.
2.2 Executed contracts for engineering services and affidavit of publication.
2.3 Documentation of the RECIPIENT’s process for procuring engineering
services, and affidavit of publications.
2.4 Documentation of opinions of probable construction costs for the pumps
and conveyance system improvements.
2.5 Final bid documents for the RECIPIENT's use in soliciting bids from
Contractors to construct the improvements.
2.6 Documentation of quality assurance and quality control reviews
throughout the design phase.
2.7 Two copies of the final design with detailed cost estimate and
specifications.
2.8 Investment Grade Efficiency Audit documentation.
Template Version 10/30/2015
State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 8 of 13
Template Version 10/30/2015
State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 9 of 13
CHANGES TO SCOPE OF WORK
Task Number:3 Task Cost: $480,000.00
Task Title:Construction Management
Task Description:
A. The RECIPIENT will provide adequate and competent construction management and inspection for the Project . This may
involve procuring the professional services. If professional services are procured, the RECIPIENT will procure them in
accordance with state law. The RECIPIENT will include ECOLOGY’s specification insert in the contract documents . The
RECIPIENT must submit all contracts for construction management services before ECOLOGY will provide reimbursement
for work performed under this task.
B. The RECIPIENT will develop a detailed Construction Quality Assurance Plan (WAC 173-240-075) and submit it to
ECOLOGY for approval. This plan must describe the activities which the RECIPIENT will undertake to achieve adequate
and competent oversight of all construction work.
C. Upon completion of this construction, the RECIPIENT shall submit the Declaration of Construction Completion form to
ECOLOGY in accordance with WAC 173-240-090 and a set of "as-built" plans of the construction contract i.e., record
construction drawings which reflect changes, modifications, or other revisions made to the project during construction. The
form, when signed by a professional engineer, indicates that the project was completed in accordance with the plans and
specifications and major change orders approved by ECOLOGY, and is accurately shown on the as-built plans.
D. The RECIPIENT will provide a plan of interim operation for the facility while under construction .
E. The RECIPIENT will ensure construction progresses according to a timely schedule developed to meet completion dates
indicated in the construction contract. The RECIPIENT will revise or update the schedule whenever major changes occur and
resubmit to ECOLOGY. In the absence of any major changes, the RECIPIENT will describe progress of the construction in
the quarterly progress reports.
F. As a condition of receiving this funding, the RECIPIENT will prepare an asset management program (fiscal sustainability
plan). The RECIPIENT will certify that a plan that contains at least the minimum required elements listed above has been
developed and is being implemented. The plan must include the following elements:
1. An inventory of critical assets that belong to the utility.
2. An evaluation of the condition and performance of the critical assets.
3. A plan to maintain, repair, and replace the critical assets and to fund those activities.
4. A process to evaluate and implement water and energy conservation efforts as part of the plan .
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Template Version 10/30/2015
State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 10 of 13
Recipient Task Coordinator: William Davis
Deliverables
Due DateDescriptionNumber
3.1 Executed contract for construction management services.
3.2 Documentation of the RECIPIENT’s process for procuring engineering
services.
3.3 Construction Quality Assurance Plan.
3.4 Plan of interim operation of the facility while under construction.
3.5 Declaration of Construction completion (paper copy) and one electronic
copy of the Record Drawings. Submit the electronic copy in searchable
PDF format at minimum resolution of 300 dpi.
Template Version 10/30/2015
State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 11 of 13
CHANGES TO SCOPE OF WORK
Task Number:4 Task Cost: $5,118,690.00
Task Title:Construction
Task Description:
A. The RECIPIENT shall include ECOLOGY’s specification insert in the bid documents . The RECIPIENT shall execute a
contract with the lowest responsive responsible bidder to construct the PROJECT. The RECIPIENT shall submit Bid Tabs,
the Notice of Award, and a copy of the executed contract before ECOLOGY shall provide reimbursement for work
performed under this task.
B. The RECIPIENT shall complete construction of the grinder pumps, pipelines, an upland 3 inch low pressure sewer (LPS)
main and an upland large diameter force main (12 inch diameter) in accordance with the plans and specifications approved by
ECOLOGY.
C. The RECIPIENT shall conduct a pre-construction conference and invite ECOLOGY staff .
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Recipient Task Coordinator: William Davis
Deliverables
Due DateDescriptionNumber
4.1 Copy of the advertisement for bids with affidavit of publication , bid tabs
in Excel format, notice of award, notice to proceed, and a copy of the
executed construction contract.
4.2 Minutes of the pre-construction meeting.
4.3 Certification that the Financial Sustainability Plan has been developed and
is being implemented.
Template Version 10/30/2015
State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 12 of 13
CHANGES TO SCOPE OF WORK
Task Number:5 Task Cost: $361,729.00
Task Title:Change Order Allowance
Task Description:
A. The RECIPIENT shall negotiate all change orders to the construction contract necessary for successful completion of the
project.
B. The RECIPIENT shall submit the change orders to ECOLOGY for approval . Change orders that are a significant
deviation from the approved plans/specifications must be submitted for approval, prior to execution. All other change orders
must be submitted within 30 days after execution.
Task Goal Statement:
See Overall Goal.
Task Expected Outcome:
See Overall Goal.
Recipient Task Coordinator: William Davis
Deliverables
Due DateDescriptionNumber
5.1 Change Order Justifications if needed.
5.2 Executed change orders with backup documentation and professional
engineer seal and signature.
Template Version 10/30/2015
State of Washington Department of Ecology
City of Bremerton
Oyster Bay Beach Sewer Upgrades - OB-2 to OB-1 Project
Agreement No. WQC-2018-BremPW-00117
Page 13 of 13
CHANGES TO SCOPE OF WORK
Task Number:6 Task Cost: $130,000.00
Task Title:Cultural Resource Management/Monitoring
Task Description:
A. The RECIPIENT will negotiate all change orders to the construction contract necessary for successful completion of the
project.
B. The RECIPIENT will submit the change orders to ECOLOGY for approval. Change orders that are a significant deviation
from the approved plans/specifications will be submitted for approval, prior to execution. All other change orders will be
submitted within 30 days after execution.
Task Goal Statement:
See Overall Goals.
Task Expected Outcome:
See Overall Goals.
Deliverables
Due DateDescriptionNumber
6.1 A copy of all change orders
Funding Distribution Summary
Recipient / Ecology Share
Funding Distribution Name Recipient Match %Recipient Share Ecology Share Total
SRF Loan 0 %$$$0.00 7,000,419.00 7,000,419.00
Total 0.00 7,000,419.00 $$$7,000,419.00
Template Version 10/30/2015
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 28, 2021
Purchase Microsoft AZURE Active Directory
P2/GCC/Multi-Factor Authentication; and
related Budget Adjustment
COUNCIL MEETING Date: May 5, 2021
Department: Finance
Presenter: Dave Sorensen
Phone: (360) 473-5472
SUMMARY:
In recent weeks there have been numerous attempts to gain access to the city’s Microsoft 365
systems. There have been two incidents where employees email accounts have been hacked and
used to send emails with malicious content to other city employees and citizens.
By purchasing AZURE Active Directory P2 GCC (Government Community Cloud), we would be able
to implement Multi-Factor Authentication that would decrease the risks from further hacking attempts.
ATTACHMENTS:
Purchase Quote for Microsoft AZURE Active Directory P2 GCC
Explanation of Multi-Factor Authentication
FISCAL IMPACTS (Include Budgeted Amount):
The total pro-rated cost of the Microsoft AZURE system is $25,507.80, which is not currently
budgeted for 2021.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve a budget adjustment in the amount of $25,507.80 to fund 511 for the purpose of
purchasing Microsoft AZURE Active Directory P2/GCC; 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
Quote prepared: 4/15/2021
Quote expires: 4/30/2021
Planet Technologies offers the following add on quote for City of Bremerton through our AOS-G
Agreement. This quote will expire April 30th, 2021; upon expiration of this quote, the following prices
may no longer be valid. (Pro-rated for 9 months)
Quote 1:
Part
Number
SKU Monthly
Cost Per
User
Pro-rated
Cost Per
license
Quantity/Users Pro-rated Cost
for licenses
MQN-00001
AzureActiveDrctryPre
mP2GCC ShrdSvr
ALNG SubsVL MVL
PerUsr
$7.40
$66.60
383
$25,507.80
PO Required for add on: $25,507.80
Multi-Factor Authentication
Multi-factor authentication is the combination of 2 or more security authentication methods.
AMENDED AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 28, 2021
Interlocal Agreement for Mutual Aid
and Traffic Safety Task Force
COUNCIL MEETING Date: May 5, 2021
Department: Police
Presenter: Mike Davis
Phone: 360.473.5233
SUMMARY: Provide mutual law enforcement assistance to target and apprehend individuals
committing traffic offenses, with an emphasis on driving under the influence, speeding, occupant
protection, distracted driving, and underage drinking
ATTACHMENTS: Interlocal Agreement for Mutual Aid and Traffic Safety Task Force
FISCAL IMPACTS (Include Budgeted Amount): $3,000 for the cost of the Task Force Coordinator
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Interlocal Agreement for Mutual Aid and Traffic Safety Task Force; and
authorize the Mayor to finalize and execute the contract with substantially the same terms and
conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
A8
1
RETURN TO:
KITSAP COUNTY TRAFFIC SAFETY TASK FORCE
c/o Kitsap County Sheriff’s Office
614 Division, MS-37
Port Orchard, WA 98366
KC -___________
INTERLOCAL AGREEMENT FOR MUTUAL AID AND
TRAFFIC SAFETY TASK FORCE
THIS INTERLOCAL AGREEMENT FOR MUTUAL AID AND TRAFFIC SAFETY TASK
FORCE (“Agreement”) is made and entered between the Kitsap County Sheriff’s Office
(“KCSO”) and the Bainbridge Island Police Department, Bremerton Police Department, Port
Orchard Police Department, Poulsbo Police Department and Suquamish Police Department
(“Tribe”), acting through the governing bodies of their respective jurisdictions, individually
referred to as a “participating agency” and collectively referred to as the “parties”.
RECITALS
WHEREAS, the participating agencies, all law enforcement agencies in Kitsap County, desire to
cooperatively participate in a Kitsap County Traffic Safety Task Force (“Task Force”) for the
purpose of providing mutual law enforcement assistance to target and apprehend individuals
committing traffic offenses, with an emphasis on driving under the influence, speeding, occupant
protection, distracted driving, and underage drinking.
WHEREAS, multi-agency participation in the Task Force is possible by virtue of the Washington
Mutual Aid Peace Officer Powers Act set forth in Chapter 10.93 RCW and the Interlocal
Cooperation Act set forth in Chapter 39.34 RCW.
WHEREAS, parties desire to execute this Agreement to memorialize the terms and conditions of
Task Force participation.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by
reference, and mutual promises and covenants, the parties agree as follows:
1. DEFINITIONS
A. “Enforcement Committee” means the Traffic Safety Task Force Enforcement
Committee.
B. “General Authority Washington peace officer” shall have the meaning as defined in
RCW 10.93.020(3).
C. “Hosting agency,” means the participating agency located in the jurisdiction in which
Task Force duties are then being performed.
2
D. “Hosting agency supervisor” means the hosting agency’s assigned Task Force
supervisor(s) or designee(s).
E. “Participating agency,” or “primary commissioning agency” shall have the same
meaning as “primary commissioning agency” is defined in RCW 10.93.020(8).
F. “Specially Commissioned Washington peace officer” shall have the meaning as
defined in RCW 10.93.020(5).
2. PURPOSE. The purpose of this Agreement is to provide for the joint and cooperative
undertaking of the parties to establish, implement, and manage the Traffic Safety Task
Force emphasis patrol committed to traffic safety, including the prevention of alcohol and
other drug-impaired driving, underage drinking, speeding, distracted driving, and occupant
protection offenses through coordinated, multi-agency deterrence, and define
responsibilities as contemplated by RCW 39.34.030.
3. ORGANIZATION. No separate legal or administrative entity is created by this Agreement
nor do the parties intend to create through this Agreement a separate legal or administrative
entity subject to suit.
4. ADMINISTRATION. This Agreement shall be administered by the Traffic Safety Task
Force Enforcement Committee, which is an administrative board comprised of the Kitsap
County Sheriff and the Chiefs of Police for the cities of Bainbridge, Bremerton, Port
Orchard, Poulsbo and Suquamish or their respective designees. No participating agency is
intending to assume responsibility or liability for the actions, or failures to act, of another
participating agency and/or its respective officers, employees, and agents.
4. SCOPE. The parties to this Agreement will each provide law enforcement personnel for
Task Force emphasis operations within targeted areas as set forth in Attachment A, Traffic
Safety Task Force Emphasis Patrol Operational Guidelines, which is incorporated herein
by reference. The areas selected for targeted emphasis operations and patrol will be
determined by the Enforcement Committee.
5. EFFECTIVE DATE, DURATION, FILING. This Agreement shall become effective on
January 1, 2021 and remain in effect for five (5) years, unless terminated or extended. Prior
to its entry into force, this Agreement shall be filed with the Kitsap County Auditor’s Office
or, alternatively, listed by subject on the web site or other electronically retrievable public
source in compliance with RCW 39.34.040.
6. TERMINATION. Any participating agency may terminate its participation under this
Agreement by providing 90 days’ prior written notice to the other parties. The termination
of a participating agency will not automatically result in the dissolution of the Task Force.
A terminated participating agency assumes no responsibility for the acts or omissions
occurring after the effective termination date but shall remain liable for acts or omissions
3
occurring prior to the effective date of termination. The Task Force may be dissolved in its
entirety by unanimous agreement of all parties.
8. OPERATIONS. When Task Force emphasis operations are scheduled, the operations shall
be coordinated by an employee holding a rank of sergeant or higher from the scheduled
hosting agency. Unless an action taken by an individual assigned to participate in the Task
Force activities can be directly attributed to the direction and control of the hosting
agency’s supervisor, all actions by the individual will be considered actions by that
individual, acting under the direction and control of that individual’s primary
commissioning agency according to its policies and procedures. No allocation of liability
to the other participating agencies is otherwise intended by this Agreement. It is
anticipated, but not required, that infractions and citations are to be written into the hosting
agency’s municipal court when emphasis patrols are held in the City of Bainbridge Island,
Bremerton, Port Orchard or Poulsbo.
10. USE AND ACQUISITION OF PROPERTY. Each participating agency shall be
responsible for acquiring all property that the participating agency needs for Task Force
participation during the term of this Agreement. The parties do not anticipate the joint
acquisition of property for the performance of this Agreement and any property acquired
by a participating agency for the purposes of effectuating the terms of this Agreement shall
remain the property of the acquiring participating agency.
11. TASK FORCE COORDINATION
A. The Task Force Coordinator shall be responsible for coordinating Task Force related
communications between all participating agencies for Task Force activities. The Task
Force Coordinator is an employee of KCSO and funding for this position will be the
sole responsibility of Kitsap County. The coordination provided by KCSO shall not be
considered an allocation of liability to Kitsap County under RCW 10.93.040 for any
purpose whatsoever.
B. Each participating agency will pay an annual contribution to KCSO to be used for the
cost of providing the Task Force Coordinator. The amounts are as follows: Bremerton
Police Department ($3,000), Bainbridge Island Police Department ($2,500), Port
Orchard Police Department ($2,500), Poulsbo Police Department ($2,500) and
Suquamish Police Department ($2,500). In return, the Task Force Coordinator will
assist in finding additional funding for traffic safety campaigns and equipment.
Funding for overtime will be available through a grant from the Washington Traffic
Safety Commission.
12. INDEPENDENT CAPACITY
A. Each participating agency and its respective employees or agents shall continue to be
the employees or agents of the primary commissioning agency which shall be solely
and exclusively responsible for that employee or agent and shall not be considered for
any purpose whatsoever to be employees or agents of the other parties this Agreement.
4
No participating agency shall have the authority to bind another participating agency
nor control the employees, agents, or contractors of another participating agency to this
Agreement. All rights, duties and obligations of the employer shall remain with the
primary commissioning Agency. Each participating agency agrees to indemnify,
defend, and hold harmless the other parties in any action arising from or related to the
negligence of its own employees, including all costs of defense and attorney's fees.
B. Each participating agency shall be solely and exclusively responsible for the
compensation, salary, benefits, training, training expenses, equipment, and all other
costs, including without limitation, worker’s compensation and other expenses for its
employees participating in Task Force activities, sworn and unsworn. Each
participating agency will be responsible for ensuring compliance with all applicable
laws, collective bargaining agreements, and civil service rules and regulations
regarding its own employees.
13. MUTUAL AID, CONSENT. The KCSO Sheriff and Chiefs of Police, for each
participating agency executing this Agreement, consent to the full exercise of peace officer
powers and authority by each participating agency’s general authority Washington peace
officers and specially commissioned Washington peace officers assigned by the primary
commissioning agency to participate in the Task Force, when the assigned peace officer is
engaging in Task Force activities. This consent is limited to the scope of authority granted
by the primary commissioning agency to its Task Force participants. This grant of authority
shall remain valid for the term of this Agreement unless revoked in writing. This grant of
authority is not intended to reallocate the responsibility of the primary commissioning
agency for the acts or omissions of their respective officers under RCW 10.93.040. This
Agreement shall not be construed in any manner that would limit the parties’ authority or
powers under law.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
A. Each participating agency shall indemnify, defend, and hold harmless the other parties,
and the other parties’ officers, employees, and agents from any and all allegations,
complaints, losses, claims, damages, attorneys’ fees, or costs for wrongful and/or
negligent acts or omissions of the participating agency and/or its officers, employees,
or agents relating to or arising out of Task Force activities. In the case of allegations,
complaints, losses, claims, damages, attorneys’ fees, or costs against more t han one
participating agency, any damages allowed shall be levied in proportion to the
percentage of fault attributable to each, and each participating agency shall have the
right to seek contribution from each of the other participating agencies in proportion to
the percentage of fault attributable to each of the other parties. The parties shall
cooperate and jointly defend any such matter to the fullest extent allowed by law.
B. A participating agency reserves the right, but shall have no obligation, to participate in
the defense of any claim, damages, losses or expenses and such participation shall not
constitute a waiver of the participating agency’s indemnity obligations under this
Agreement.
5
C. Nothing in this Agreement shall require or be interpreted to:
1. Waive any defense arising out of RCW Title 51.
2. Limit the ability of any participating agency or its officials, officers or employees
from exercising any right, defense or remedy which a participating agency to a
lawsuit may have with respect to claims or third parties, including any good faith
attempts to seek dismissal of legal claims against a participating agency by any
proper means allowed under the civil rules in either state or federal court.
3. Cover or require indemnification for intentional wrongful conduct, conduct outside
the scope of employment of any individual or for any judgment for punitive
damages against any individual or participating agency. Payment of punitive
damage awards, fines or sanctions shall be the sole responsibility of the individual
against whom such a judgment is rendered and/or his/her employer, should that
employer elect to make payment voluntarily. This Agreement does not require
indemnification of any punitive damage awards or for any order imposing fines or
sanctions.
14. INSURANCE. Each participating agency will maintain sufficient insurance coverage to
cover any and all hazards, damages, costs, and liabilities associated with the Task Force
activities, which shall at minimum include the following coverage:
A. General Liability insurance with minimum combined single limits of one million
dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate.
The policy will be applicable to all premises and operations. The policy will include
coverage for bodily injury, broad form property damage (including completed
operations), personal injury (including coverage for contractual and employee acts),
blanket contractual, independent contractors, products, and completed operations. The
policy shall not contain any exclusions which relate to or arise out of the Program
activities under this Agreement. The policy will contain a severability of interests’
provision.
B. Automobile Liability insurance with minimum combined single limits for bodily injury
and property damage of not less than one million dollars ($1,000,000) each occurrence
with respect to each of the party’s owned, hired, and non-owned vehicles on the
premises at the EVOC training. The policy will contain a severability of interests’
provision.
C. Workers’ Compensation Insurance in compliance with RCW 51.12.020, or the
equivalent, which requires subject employers to provide workers’ compensation
coverage for all their subject workers and Employer’s Liability or Stop Gap Insurance
in the amount of $1,000,000.
15. NOTICE. All notices under this Agreement may be delivered or mailed to Sheriff or Chiefs
of Police of the other participating agencies. All notices mailed by regular post (including
first class) shall be deemed to have been given on the second business day following the
date of mailing, if properly mailed and addressed. Notices sent by certified or registered
mail shall be deemed to have been given on the day following the date of mailing, if
6
properly mailed and addressed. For all types of mail, the postmark affixed by the United
States Postal Service shall be conclusive evidence of the date of mailing.
16. NONDISCRIMINATION. The parties shall not discriminate against any person on the
basis of race, color, creed, religion, national origin, age, sex, marital status, sexual
orientation, veteran status, disability, or other circumstance prohibited by federal, state, or
local law, and shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and
Americans with Disabilities Act of 1990 in the performance of this Agreement.
17. GOVERNING LAW, JURISDICTION, VENUE, WAIVER
A. This Agreement shall be governed by the laws of the State of Washington. Each
participating agency consents to the personal jurisdiction of the Superior Court of the
State of Washington for all participating agency claims, disputes, proceedings, or
actions arising out of or relating to this Agreement. Venue for any such claim shall be
exclusively in the Kitsap County Superior Court. The Tribe hereby expressly grants a
limited waiver of sovereign immunity to suit solely for the purposes of this provision.
The Tribe will neither direct nor authorize their respective insurers to raise defenses of
sovereign immunity or treaty rights on behalf of the Tribe for participating agency
claims authorized by this provision.
B. Nothing in this Agreement shall be construed to authorize any suit, execution,
attachment, or judicial process against the persons or property of the T ribe or any of
its officers, agents, or employees, or against the Tribal Council or any member thereof,
other than as specifically provided herein. In no event shall this Agreement be
construed to authorize attachment, execution or other judicial process against real
property of the Tribe, any property held in trust by the United States or subject to
a restriction against alienation imposed by federal law, or any funds held by or on
behalf of the Tribe and derived from federal or state grants or contracts.
19. HEADINGS. Headings of this Agreement are for convenience only and shall not affect the
interpretation of this Agreement.
20. COMPLIANCE WITH LAWS. The parties shall comply with all applicable laws, rules
and regulations pertaining to them in connection with the Services provided and matters
covered in the Agreement, including but not limited to applicable regulations of the
Washington Department of Labor and Industries, including WA-DOSH Safety
Regulations; all relevant state and federal workplace safety requirements.
21. SURVIVAL. Those provisions of this Agreement that by their sense and purpose should
survive expiration or termination of the Agreement shall so survive. Those provisions
include, without limitation, the respective responsibilities and authority of each
participating agency , indemnification, insurance, and governing law, jurisdiction, venue,
and waiver.
7
22. NO THIRD-PARTY BENEFICIARY. This Agreement is intended to be solely between
the parties. No part of this Agreement shall be construed to add, supplement, or amend
existing rights, benefits, or privileges of any third party, including without limitation,
employees of any participating agency.
23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the
participating agencies and supersedes all prior or simultaneous representations,
discussions, negotiations, and agreements, whether written or oral, within the scope of this
Agreement.
24. SEVERABILITY. The provisions of this Agreement are severable. Any term or condition
of this Agreement or application thereof deemed to be illegal, invalid or unenforceable, in
whole or in part, shall not affect any other term or condition of the Agreement and the
parties’ rights and obligations will be construed and enforced as if the Agreement did not
contain that particular provision.
25. AMENDMENT. This Agreement may be amended or modified as deemed appropriate by
the parties, provided, any such amendment shall not become effective unless written and
signed by all parties with the same formality as this Agreement.
26. ASSIGNMENT. The rights, authority, or obligations under this Agreement, and any claims
arising thereunder, are not assignable or delegable by any participating agency.
27. PUBLIC RECORDS. To the extent any record, including any electronic, audio, video,
paper, or other media, is required to be kept or indexed as a public record in accordance
with the Washington Public Records Act, Chapter 42.56 RCW. Each participating agency
agrees to maintain all records constituting public records and to produce or assist the other
parties in producing such records, within the time frames and parameters set forth in state
law.
29. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all
such counterparts shall be deemed to constitute one and the same instrument, with each
counterpart deemed an original.
30. AUTHORIZATION. Any authorizations, actions required, or permitted to be taken, and
any document required or permitted to be executed under this Agreement will be taken
or executed only by a duly authorized representative of the participating agency . Each
participating agency warrants and represents to the other parties that the person
signing below has been properly authorized and empowered to execute this Agreement
on behalf of the participating agency f or whom they sign and, if applicable, to waive
sovereign immunity as required by this Agreement.
8
Approved and executed this ___ day of____________, 2020
KITSAP COUNTY
APPROVED:
_____________________________
GARY SIMPSON
Kitsap County Sheriff
DATED this __ day of _____________________, 2020.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
__________________________________
CHARLOTTE GARRIDO, Chair
__________________________________
ROBERT GELDER, Commissioner
__________________________________
EDWARD E. WOLFE, Commissioner
ATTEST:
___________________________
Dana Daniels, Clerk of the Board
9
Approved and executed this ___ day of____________, 2020
CITY OF BAINBRIDGE ISLAND
__________________________________________
CHIEF JOSEPH CLARK
Bainbridge Island Police Department
Approved this _____day of __________, 2020
__________________________________________
MORGAN SMITH, City Manager
__________________________________________
ROBBIE SEPLER, Deputy City Attorney
10
Approved and executed this ___ day of____________, 2020
CITY OF BREMERTON
__________________________________________
CHIEF JAMES BURCHETT
Bremerton Police Department
Approved this _____day of __________, 2020
__________________________________________
MAYOR GREG WHEELER
Bremerton, Washington
APPROVED AS TO FORM:
__________________________________________
ROGER LUBOVICH, City Attorney
ATTEST:
__________________________________________
ANGELA HOOVER, City Clerk
11
Approved and executed this ___ day of____________, 2020
CITY OF PORT ORCHARD
__________________________________________
CHIEF MATTHEW BROWN
Port Orchard Police Department
Approved this _____day of __________, 2020
__________________________________________
MAYOR ROBERT PUTAANSUU
Port Orchard, Washington
APPROVED AS TO FORM:
__________________________________________
CHARLOTTE ARCHER, City Attorney
ATTEST:
__________________________________________
BRANDY RINEARSON, City Clerk
12
Approved and executed this ___ day of____________, 2020
CITY OF POULSBO
__________________________________________
CHIEF JOE HARDING
Poulsbo Police Department
Approved this _____day of __________, 2020
__________________________________________
MAYOR BECKY ERICKSON
Poulsbo, Washington
APPROVED AS TO FORM:
__________________________________________
ALEXIS FOSTER, City Prosecutor
ATTEST:
__________________________________________
RHIANNON FERNANDEZ, CMC, City Clerk
13
Approved and executed this ___ day of____________, 2020
SUQUAMISH TRIBE
__________________________________________
CHIEF MIKE LASNIER
Suquamish Police Department
Approved this _____day of __________, 2020
__________________________________________
CHAIRMAN LEONARD FORSMAN
APPROVED AS TO FORM:
_________________________________________
__________________, Tribal Attorney
14
ATTACHMENT A
TRAFFIC SAFETY TASK FORCE EMPHASIS PATROL
OPERATIONAL GUIDELINES
1. PURPOSE The Traffic Safety Task Force emphasis patrol is committed to traffic safety,
including the prevention of alcohol and other drug-impaired driving, underage drinking,
speeding, distracted driving, and occupant protection offenses through coordinated, multi-
agency deterrence.
2. OBJECTIVES. The objectives of the Traffic Safety Task Force emphasis patrol are to:
A. improve traffic safety in Kitsap County and reduce the incidence and prevalence of alcohol
and other drug-impaired driving, underage drinking, speeding, distracted driving, and
occupant protection offenses;
B. increase law enforcement presence in the community to maximum levels in targeted high
traffic, high DUI, and collision arrest areas based upon statistical analysis;
C. increase public attention on traffic safety;
D. focus media attention on traffic safety; and
E. enhance communication and cooperation among law enforcement agencies in Kitsap
County.
3. SELECTION OF TASK FORCE PARTICIPANTS
A. Each participating agency will be asked to provide at least one officer for each Task Force
emphasis patrol. Participating agencies with restricted jurisdiction will be asked to provide
an equivalent, alternative level of participation.
B. Each participating officer must be either a general authority Washington peace officer or a
specially commissioned Washington peace officer.
C. Specially commissioned Washington peace officers may not exceed the scope of the
special commissions granted by the primary commissioning agency when exercising their
law enforcement authority granted under the terms of the Agreement.
D. Participating agencies will be encouraged to assign highly-motivated officers who have
demonstrated an interest in traffic safety enforcement.
4. SUPERVISION
A. The hosting agency will be required to provide a first level supervisor for the patrol shift
for Task Force operations.
15
B. The hosting agency supervisor will coordinate the briefing to be held prior to the beginning
of the patrol shift for Task Force emphasis operations, present area details and agency
concerns, and provide any associated paperwork, if necessary.
C. The hosting agency supervisor will work the entire patrol shift during the Task Force
emphasis operations and will have overall responsibility for the coordination of the
emphasis patrol.
D. The hosting agency supervisor will field all questions and complaints concerning the Task
Force emphasis patrol. All citizen complaints will be forwarded to the primary
commissioning agency of the peace officer involved in the complaint.
E. The hosting agency supervisor will have the authority to return an officer to his/her agency
as a result of inappropriate behavior. In such an event, the hosting agency supervisor shall
ensure that a written report of the incident will be promptly forwarded to the primary
commissioning agency.
F. Officers assigned to the Task Force emphasis patrol will be expected to follow their
primary commissioning agency’s policies with regard to use of force, pursuit and arrest
procedures, and all other matters of professional conduct. However, officers will also be
expected to follow the direction of the hosting agency supervisor.
5. OFFICER RESPONSIBILITY
A. Task Force officers will work their assigned areas according to the guidelines provided by
the hosting agency supervisor, focusing on detection and apprehension of impaired drivers,
and the enforcement of underage drinking, speeding distracted driving, and occupant
protection statutes.
B. When a DUI arrest is made, the arrestee will be taken to the nearest participat ing BAC
facility for processing or to the Kitsap County Jail. Officers will follow the specific
guidelines offered at briefings before each emphasis patrol as to specifically targeted areas,
such as occupant protection, traffic safety emphasis patrols.
C. Task Force officers will follow their primary commissioning agency guidelines for report
writing with the reports filed in the jurisdiction of arrest, unless otherwise required by the
Task Force officer’s primary commissioning agency.
D. At the end of each Task Force emphasis patrol shift, each officer will provide the Task
Force coordinator with an account of his/her activity for that shift using the activity log
form provided.
E. Task Force emphasis patrol officers will be expected to provide back-up and cover for one
another while participating in Task Force activities.
16
F. Task Force officers will respond to traffic collisions to provide assistance and traffic
control. If a collision is alcohol-related, the officer will investigate and make arrests or
issue citations as appropriate. If alcohol is not involved, investigation instead be handled
by the appropriate regular duty officer(s) for that jurisdiction.
G. Coffee and lunch breaks will be provided; however, these breaks will be restricted to no
more than two marked units together at one time.
H. If citizens inquire as to the presence of an outside agency officer in the emphasis area,
officers will explain their role in the Traffic Safety Task Force Emphasis Patrol.
6. TARGET AREAS AND DEPLOYMENT
A. The emphasis patrol will be assigned to target areas based on intelligence information from
participating agencies, DUI arrest and collision data, occupant protection surveys, and
discussions of the Enforcement Committee.
B. The target areas will be assigned by rotation so that each participating agency’s jurisdiction
is included in the enforcement rotation unless a higher priority target is identified by the
Enforcement Committee.
C. The hosting agency supervisor will coordinate the deployment of Task Force officers
assigned to the emphasis patrol. Each officer will be provided with a map of the target area
and briefing information.
7. COMMUNICATIONS
A. All Task Force emphasis patrol communications will be on a frequency as agreed upon by
Kitsap 911 and the Task Force Supervisor.
B. Requests for data or impound will be made through the appropriate dispatch agency.
8. GENERAL POLICIES
1. No DUI arrestee will be released to their own custody. Arrestee not booked into jail, are
only be released to a responsible, sober person or transported home.
2. DUI arrestees who are combative or otherwise uncooperative will be taken to the Kitsap
County jail. Booking of such arrestees will be left to the discretion of the officer’s primary
commissioning agency policies.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 28, 2021
Renewal of Agreement with Redflex Traffic
Systems, Inc. for Photo Red Light
Enforcement Program
COUNCIL MEETING Date: May 5, 2021
Department: Police
Presenter: Mike Davis
Phone: 473-5233
SUMMARY: Redflex Traffic Systems provides the citywide Photo Red Light Enforcement Program
which includes processing of infraction data and issuance of citations in nine (9) locations across the
City. The agreement includes two (2) options to renew for periods of two (2) years each. This
modification is the exercise of the second, two-year renewal period, making the expiration of the
agreement June 30, 2023.
ATTACHMENTS: Renewal Letter
FISCAL IMPACTS (Include Budgeted Amount): There is no change to the original agreement
amount. This agreement is cost neutral with a fixed fee of $4,000 per month for each camera
location, with nine (9) locations, but is capped at the gross receipts received by the City of
Bremerton or the fee, whichever is less. The program is within budget and included in the general
fund.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve renewal of agreement with Redflex Traffic Systems, Inc. for Photo Red Light
Enforcement Program 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
A9
________________________________________________________________________________
Finance | 345 6th Street Ste 100, Bremerton, WA 98337 * Phone (360) 473-5306* Fax (360)473-5200
Working for and with our residents to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city!
Mr. Marc Carroll
Client Services Manager
Redflex Traffic Systems, Inc.
5835 Uplander Way, Suite A
Culver City, CA 90230-6607
May 5, 2021
Re: 2-Year Renewal Notice
Dear Mr. Carroll,
Pursuant to the terms of the “Exclusive Agreement Between the City of Bremerton and Redflex
Traffic Systems, Inc. for Photo Red Light Enforcement Program” and the ”First Amendment”
thereto, the City of Bremerton hereby exercises its option to renew said agreement for the second
two-year renewal period.
As the current renewal term expires on June 29th, 2021, the second two-year renewal will be in
place from June 30th, 2021 to June 29th, 2023.
This notice meets the requirements that, “notice shall be in writing”, and at least 30 days prior to
expiration of the Initial Term.
Please confirm receipt of this notice via email with the Contracts Administrator at:
Melinda.monroe@ci.bremerton.wa.us (360)-473-5306
Sincerely,
Melinda Monroe _______________________
Contracts Administrator Greg Wheeler, Mayor
Cc: Jim Burchett, Chief of Police
Mike Riley, Finance Director
Form Created 5/4/15
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Works & Utilities,
Engineering Division Workload Study; and
Implementation Plan
Study Session Date: April 28, 2021
Presenter: Tom Knuckey, Ned
Lever, David Gordon
Phone: 360.473.2376/2398
SUMMARY: On January 16, 2019 a contract was executed with FCS Group to conduct an
evaluation of the workload of the Engineering Division. FCS has completed this evaluation and
recommend additional Engineering staff be hired. Staff and the Consultant will present the
evaluation, along with a phased implementation strategy.
HANDOUTS: Powerpoint
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
B1
Engineering Division Workload Study & Implementation
Council Information-only Briefing
April 28, 2021
City Engineer
Managing Engineer
Transportation
Managing Engineer
Utilities
Development Lead
(CEIII)
Development Engineer
NEW POSITION (CEII) 3
Development Inspector
(ETIV)
Development Inspector
NEW POSITION (ETIV) 3
Project Assistant
Project Manager
Project Engineer (CEII)
Engineer Technician
(ETIV) 3
Engineer Technician
(ETII) 1
Electronics Technician
Project Assistant
Project Engineer (CEII) 2
Engineer Technician
Senior
Engineer Technician
(ETIII) 1
Engineer Technician
(ETIII)
Engineer Technician
(ETIII)
Development
Technician (ETIV)
Permit Technician
Project Manager
(Stormwater)
Notes:
1 Budgeted position is ETIV;
currently underfilled
2 Budgeted position is CEIII;
currently underfilled
3 Position is currently vacant
Transportation:
•Transportation planning
•Regional planning committees; 8 committees between PSRC, KRCC and
PRTPO
•Internal planning committees; ADA and Complete Streets
•Customer response and coordination
•Grant planning, applications and grant management
•Traffic operations engineering
•Property issues; vacations, easements, legal descriptions
•Agency coordination
•Capital project planning, design, funding pursuit, construction management &
inspection
•Development support; traffic impact analysis, plan review, traffic control plan
review
Utilities:
•Support Operations staff
•GIS asset database, and maintain all asset construction records
•Coordinate with Regulatory Agencies
•System development planning; hydraulic modeling, contaminant transport
tracing
•Capital project planning, design, funding pursuit, construction management &
inspection
•Development support; modeling & plan review
Development:
•Review and approve all improvements in the ROW
•Evaluate impacts on systems and negotiate mitigation for developer impacts
•Office and field coordination between developers, contractors and agencies
•Confirm design meets standards/approve plans and specifications
•Inspect and document improvements
2021 Engineering
Budget is $3,051,152.
Revenue sources are
adjusted annually
based on work delivery
Notable Issues:
•Engineering had 24 budgeted positions in 2008 and 22 currently, including
the two new Development positions. 21 current positions not including the
Traffic Signal Technician which was added in 2017
•Workload has increased since 2008; Stormwater NPDES Permit,
development workload, increasing regulations for all utilities and streets
•Several operations functions were tasked to Engineering since 2013 including
Traffic Signal maintenance, enhanced customer response and maintenance
contracts
•Extreme turnover in Engineering –since 2019 75% of staff positions have
changed, and 50% of staff are new hires. Staff losses since 2019 include:
•3 terminations; 2 under probation
•5 resignations; 1 became a consultant, 4 took jobs with other jurisdictions
•1 promotion to a position outside of Engineering
•1 retirement
Contract with FCS Group:
•Executed in 2019; $98,960
•Study completed November 2020
Phased Implementation:
2021:
•Development Engineer & Inspector (2-FTEs) to support Development –Authorized
on April 7th
•Request for a Transportation Project Manager (1-FTE) to support Planning,
Operations, and Capital will be presented to Council on May 12th & 19th
-Evaluate and Confirm Need -
2022:
•Project Assistant (1-FTE) to support Capital and Development
•Utility Project Manager (1-FTE) to support Capital and Operations
-Evaluate and Confirm Need -
2023:
•Engineer Technician III (1-FTE) to support Transportation Capital.
Form Created 5/4/15
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Works & Utilities
Department Organization and Staffing
Study Session Date: April 28, 2021
Presenter: Tom Knuckey
Phone: 360.473.2376
SUMMARY: Public Works & Utilities organization, and issues related to staffing levels will be
presented.
HANDOUTS: 1) Powerpoint 2) FCS Workload Study
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
B2
Public Works & Utilities Staffing and Organization
City Council Study Session
April 28, 2021
Background:
•131.37 FTEs; 12 Mgt/Professional, 110 Teamsters, 8.37
Temp/Seasonal
•Budgeted in 11 Funds plus 2 Divisions of the General Fund
•Expenditure Budget = $82.5M; 43% of City Budget
•11 Functions; Administration, Finance, Streets, Utility Maintenance,
Facility Maintenance, Materials/Equipment Inventory, WW
Treatment, Water Resources, Forestry, Equipment Services &
Engineering
•5 Division Managers currently; 9 Division Managers in 2008.
Director
Public Works
Operations
Manager
Water Resources
Division Manager
Wastewater
Operations
Division Manager
Utility Division
Manager
Engineering
Division
Manager/City
Engineer
Administrative
Assistant
Administrative
Project Manager
Fiscal Analyst
(PW&U Financial
Manager)
Water
Resources
(10-FTE, $6.4M)
Administration
(3-FTE, $1M)
Street Division
(14-FTE, $5.5M)
Forestry*
(4-FTE, $1.5M)
Eqpt. Services
(4-FTE, $3M)
Utility Maint.
W, WW, SW
(31-FTE, $18M)
Facilities &
Inventory
(8-FTE, $2M)
Facility Electrical
Maint
(3-FTE)
Storm/NPDES
Compliance
(2-FTE, $3M)
Wastewater
Opns; WWTP’s
& Pump Sta’s
(20-FTE, $6.4M)
Signal Maint
(1-FTE)
Transportation,
Utilities,
Development
(21-FTE, $28M)
5 Division Managers
currently; 9 in 2008
* Forestry staff shifted
to PW Opns Mgr in
2019 with WW
Mgr’s retirement
Director
Public Works
Operations
Manager *
Water Resources
Division Manager
Wastewater
Operations
Division Manager
Utility Division
Manager *
Engineering
Division
Manager/City
Engineer
Administrative
Assistant
Administrative
Project Manager
Fiscal Analyst *
(PW&U Financial
Manager)
Water
Resources
(10-FTE, $6.4M)
Administration
(3-FTE, $1M)
Street Division
(14-FTE, $5.5M)
Forestry
(4-FTE, $1.5M)
Eqpt. Services
(4-FTE, $3M)
Facilities &
Inventory
(8-FTE, $2M)
Facility Electrical
Maint
(3-FTE)
Storm/NPDES
Compliance
(2-FTE, $3M)
Wastewater
Opns; WWTP’s
& Pump Sta’s
(20-FTE, $6.4M)
Signal Maint
(1-FTE)
Transportation,
Utilities,
Development
(21-FTE, $28M)
Utility Maint.
W, WW, SW
(31-FTE, $18M)
*Desk audits
requested for
Fiscal Analyst,
PW Opns Mgr &
Utility Division
Mgr
PW Operations Manager -Milenka to retire in June
•Unreasonable span of control -3-Divisions (Streets, Forestry, Equipment Services), 20-FTEs, $9M
Utility/Facility Manager -Wayne to retire in December
•Unreasonable span of control –2-Divisions/3 Functions (W/WW/SW Maintenance, Building Maintenance,
Materials & Equipment Inventory), 41-FTEs, $20M
Facilities/Inventory Division
•Span of control is significant (20 facilities plus Eqpt/material inventory for all of PW&U) –8 FTEs, $2.1M
•Significant workload increase with NDGC Mgt.; coordinating to add Park buildings
•Need accounting/admin assistance to manage responsibilities
Engineering Division
•FCS Evaluation recommends 6 positions plus 0.5-FTE for Electronics. Need reduced from 9 through
proposed efficiencies
•Stormwater split between Water Resources & Engineering
•Several Operations activities shifted to Engineering since 2013
Proposed Revisions:
•Add one new Manager –Internal Services Manager (Facilities, Materials &
Equipment Inventory, Equipment Services)
•Downgrade one position in Facilities from Service Specialist to OA Senior to
address accounting need and provide Customer Response Backup
•Adjust Responsibilities for Efficiency:
•Shift Stormwater to Engineering to consolidate SW responsibilities
•Shift Forestry to Water Resources –better nexus than Streets
•Consolidate Facility/Traffic Signal Electricians and shift to new Internal Services
Mgr (FCS Report Implementation)
•Shift maintenance contracts & more customer response from Engineering to
Streets (FCS Report Implementation)
Director
Public Works
Operations
Manager
Water
Resources
Division
Manager
Wastewater
Operations
Division
Manager
Utility
Division
Manager
Engineering
Division
Manager/City
Engineer
Fiscal Analyst
(Desk Audit
Pending)
Internal
Services
Manager
(New
Position)
Administrative
Assistant
Administrative
Project Manager
Water
Resources
(10-FTE, $6.4M)
Forestry
(4-FTE, $1.5M)
Street
Division
(14-FTE, $5.5M)
Wastewater
Operations
WWTP’s &
Pump Sta’s
(20-FTE, $6.4M)
Utility
Maintenance
W, WW, SW
Mains
(31-FTE, $18M)
Facility & Signal
Electrical Maint
(4-FTE)
Transportation,
Utilities,
Development
(21-FTE, $28M)
Storm/NPDES
Compliance
(2-FTE, $3M)
Admin Division
(3-FTE, $1M)
Facilities &
Inventory
(9-FTE, $2M)
Eqpt. Services
(4-FTE, $3M)
2021 mid-year requests:
•New Internal Services Manager ($177,000/yr),
•New Transportation Project Manager ($157,000/yr),
•Downgrade one Utility Svc Specialist to Office Assistant Sr. (-$8,000),
•New CEII & Inspector for Development (approved April 7th, $260,000)
Rate impacts to be discussed at May
12th Study Session
2022•Engineering –2 positions; Project Asst. & Utility PM (FCS Report Implementation)•Upgrade one Journeyman Electrician (or Electronic Technician) position to Supervisor•Facilities –upgrade 2-seasonal/temp FTEs to 1-laborer (inefficient and difficult to fill)
2023•Engineering –Engineering Tech III (FCS Report Implementation)•Environmental Technician (new NPDES Permit requirement –commercial site inspection, other)•Automotive Technician -workload and succession concerns (qualifications, institutional knowledge)•Utility Maintenance –laborer for Sewer Crew
Other:•Very difficult to hire temp/seasonal labor; few applicants & inefficient (3-months training for a 6-month
position)•Forestry Management -potential future position upgrade necessary•Project Assistant to support Operations (Facilities, the Project Manager, Forestry and Streets) •Electronics Technician to maintain Traffic and Enhanced Pedestrian Signals, also succession•Upgrade one Senior to Lead in Storm Sewer Maintenance –restore downgrade from 2009 •PSIC growth will require additional resources•Streets –resource constrained•Water Maintenance –lead/copper service line inventory and replacement program •Wastewater Operations –Nutrient General Permit compliance
Firm Headquarters Locations page 1
Redmond Town Center Washington | 425.867.1802
7525 166th Ave NE, Ste D-215 Oregon | 503.841.6543
Redmond, Washington 98052 Colorado | 719.284.9168
To: Ned Lever, City of Bremerton Date: 11/7/2020
From: Tim Wood; FCS GROUP & David Gordon; Blue Cyprus Consulting
CC: Angie Sanchez Virnoche; FCS GROUP
RE: City of Bremerton Engineering Division Workload Study
INTRODUCTION
The City of Bremerton engaged FCS GROUP to better quantify workload requirements in the City of
Bremerton’s (City) Public Works Engineering Division. This effort was driven by a reduction in its
engineering staffing levels after 2008 in response to the Great Recession. Since that reduction,
workload demands have increased through additional capital projects, regulatory requirements, and
City-wide development. The workload study was undertaken to understand:
Is there a gap in resource availability to meet workload demands?
If so, what is the most effective way to close this gap?
What other findings regarding how staff spend their time can indicate ways in which Bremerton
can continue to improve the quality and efficiency of its delivery of services?
This memorandum provides a summary of findings regarding workload in the City’s Public Works
Engineering Division. The findings are intended to inform any quantifiable workload gaps and how
these may be addressed either through additional hiring, process changes, or technology use.
FCS GROUP began its analysis in early 2019. Since that time, 70% of staff positions within the
Engineering group have changed, 40% of staff positions are with new staff, new positions such as a
stormwater engineer have been added, and most importantly the Coronavirus pandemic has greatly
altered the budget, workload, and staffing landscapes for cities across the Country. It is necessary to
note that this analysis offers a snapshot in time of overall program need and the resources necessary
to meet that need. The realities Bremerton faces today may be different than those that came to light
during the initial round of interviews in 2019. Particularly, staff that began during this study may
now have a much greater understand of true work requirements.
Methodology
To measure workload requirements, FCS GROUP used a survey-based estimation process as follows:
First the group identified work task needs of the group and organizational goals. This defines
both what the organization needs to accomplish, and the tasks used to accomplish them.
Using this information, the team performed individual workload surveys to determine, person by
person, how time is spent and what can and cannot be accomplished through this available time.
Surveyed information was then combined with time sheet, work planning documents, and CIP
lists, to determine overall where time is spent and identify general workload gaps.
As the project continued, additional analytical needs arose. First, the group found it important to
work with Public Works operations staff to assess how much support time this group provides in
performing engineering functions. In addition, the team developed a benchmarking survey to see how
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 2
Bremerton compares in its staffing levels to other, similar, cities. Finally, the group looked at the use
of consultants in designing capital projects.
This study does not analyze the efficiency of work completed by Bremerton staff. If workload gaps
can be resolved through improved uses of technology or process changes, these are noted. However,
this is not a study of how well (or effective) individual staff perform their jobs, rather the focus is on
resource availability to meet workload demands.
Initial staffing levels considered in this analysis include 18 FTEs broken down by general position
below:
Position Total FTEs
Manager 3
Civil Engineer 4
Engineering Tech (inc. Electronics Tch) 9
Project Assistant 2
In 2020 the Division’s staffing level was increased to 20.
WORKLOAD SUMMARY
City staff were interviewed by FCS GROUP regarding how their hours are allocated each year. First,
staff were interviewed by functional group (Development, Transportation, Utilities). This initial
review was used to develop the workload survey and understand perceptions of work gaps in the
program.
Then an individual workload survey was created based on the tasks identified in the prior meetings.
The team sat down with each staff and, using the survey, assessed overall workload. Exhibit 1
displays the section, title and name of each staff member interviewed.
Exhibit 1: Interviewed City of Bremerton Engineering Group Staff
Not shown in Exhibit 1 is a vacant Engineering Technician IV under Utilities as this position could
not be interviewed in the study nor does it include the City Engineer position also not interviewed for
the workload analysis.
Development Transportation Utilities
Engineering Technician IV Project Assistant Project Assistant
Joe Keller Cathy Bonsell Linda Fulton
Engineering Technician IV Managing Engineer Managing Engineer
Derek Skanes Shane Weber Ned Lever
Engineering Permit Technician Civil Engineer II Civil Engineer III
Ben James Andrea Archer Parsons Bill Davis
Civil Engineer III Engineering Technician IV Engineering Technician IV
Vicki Grover Sheree Jankowski Lynn Gritton
Electronics Technician Engineering Technician IV
Jeff Collins Tim Steinberg
Civil Engineer II
Chris Dimmitt
Engineering Technician III
Kyle Sanford
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 3
Overall staffing levels
Using workload survey data, time estimates were added together by role and distributed between
subtasks under capital, transportation, development and utility activities. Exhibit 2 shows a broad
overview of staff time. Note that Exhibits 2 and 3 do not count the City Engineer position.
Exhibit 2: Staff Time Overview
The graph indicates that capital projects take up the majority of staff time for Utilities and
Transportation staff as expected. Development staff focus primarily on development-related work.
Staff are generally siloed within their specific functional group (development, transportation,
utilities) with minimal hours spent in support of other group activities.
Exhibit 3 displays the same data as above with a higher resolution on tasks performed.
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 4
Exhibit 3: Time Estimation for City of Bremerton Staff
The data is organized into four categories: capital, transportation, development, and utilities. Capital
involves all time spent by staff supporting public works capital projects (both transportation and
utilities related projects). The other categories involve other activities specific to utility,
transportation, and development support.
Staffing resources are generalized into major categories (manager, engineer, tech, admin) to help
generally inform where staff time is being spent. This informs recommendations of how to better
allocate resources as well as the type of resource necessary to fill a specific gap. For example, if
there is a lack of resources to perform asset management activities, this analysis would show that
engineering tech resources would generally be used to fill that gap.
The majority of time reported is spent on capital projects (6.9 FTE). And of this, most time spent
here is on construction activities (3.7 FTE). When analyzed additionally by staff type, it is clear that
all staff play a significant role in managing capital projects, including managers.
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 5
Exhibit 4: Capital Project Time Estimation for Transportation and Utilities Staff
As shown in Exhibit 4, Transportation and Utilities staff spend equivalent amounts of estimated time
on capital projects. Transportation staff require more time for project management activities which
may reflect the additional requirements of grant-funded projects.
The majority of time spent outside of capital projects for utilities staff involves operations and
development support such as water availability letters. The “other” category in the transportation
section includes regional coordination, Americans with Disabilities Act (ADA) support, pavement
and sidewalks and is also a large obligation for engineering techs. Customer response time
requirements currently take up over 1 FTE of transportation staff time.
Overall, this information was used to understand the scale of the workload gap. For example, if staff
discussed how 50% of a certain activity cannot be accomplished through existing resources, then the
analysis can look at current FTE levels and assess the additional staff necessary to perform all the
work.
Comparing Staff Time Estimation with Actual Timesheet Data
Exhibit 5 compares estimations provided by staff along with timesheet data which tracks hours
associated with a given project. This allows the team to compare workload survey data with
timesheet information.
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 6
Exhibit 5: Comparing Employee Capital Time Estimations with CIP Timesheet Data
Overall, the analysis shows that, from 2018 data, Engineers and Managers spent less time on capital
projects according to their timesheets than they perceive they spend in an average year. This may be
because 2018 was not an average year or it may mean the results taken from the workload survey
may generally overestimate the manager and engineering time necessary to support CIP work.
Alternatively, engineering techs show the opposite result.
Staffing level perceptions and gaps
Overall staffing levels are combined with identified workload gaps to identify the full workload
requirements for the Engineering group. During the workload surveys, FCS GROUP gathered
information on both the work that is currently performed along with identifying the work not being
performed. These items in conjunction with the workload surveys identify the quantified workload
gaps at the end of this report.
Operations Staff Outreach
Both the Engineering group and Operations staff provide support to each other in work activities.
The Engineering group provides significant support to the Operations team over technical items
through design and construction for work performed in-house such as sidewalk design.
Alternatively, the Operations staff provide support to the Engineering group in the management and
delivery of capital projects. The team interviewed Public Works operations staff to understand the
level of support. This helps provide a more complete picture of the workload gap in the Engineering
group by defining the level of work that could be provided by Engineering staff but is currently
performed by other staff within the Public Works department.
Two general areas of support were identified:
Stormwater capital project management
Wastewater treatment plant (WWTP) capital project management
To understand this level of support, five Operations staff members were interviewed:
Chance Berthiaume
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 7
Dave Carter
Pat Coxon
Rick Zimburean
Katie Ketterer
These interviews did not include a full workload survey as took place with the engineering staff.
Instead, data gathering was focused on the estimated level of support, specifically for capital
projects.
Wastewater Treatment Plant
A significant amount of Operations staff time is spent providing project management for capital
projects involving the WWTP. This occurs at the expense of performing preventative maintenance
work at the treatment plant. The following estimated capital project support is provided by the
wastewater treatment plant staff:
2 FTEs of maintenance staff
0.7 FTE of operations staff
0.5 FTE of manager time
This support represents cradle-to-grave capital project support for both those projects designed and
constructed by staff as well as those contracted out. During interviews it was noted that the majority
of work is performed in-house. The FTEs dedicated to capital project support also includes
construction time so it is not clear that all the FTE requirements noted are in lieu of work that could
be performed by the engineering group. However, a minimum of 0.5 FTE time is spent for project
identification, design, and management as well as an additional 0.5 FTE for construction inspection.
Stormwater
Chance Berthiaume, Dave Carter and Katie Ketterer provide capital project support for the
stormwater program. In total this support includes:
0.5 FTE for inspection support
0.7 – 1 FTE on capital project support (other than inspection)
0.5 FTE of additional capital project administration support
All of this support offsets work that would otherwise need to be done by the Engineering Division.
BENCHMARKING RESULTS
FCS GROUP performed a benchmarking analysis with the goal of placing Bremerton’s staffing
levels, organizational structure, and capital project delivery strategies in context of peer cities. The
consultant team, along with City staff, developed and distributed a survey to these peer cities. The
question list may be found in Appendix B.
Topics touched on in the survey include the following:
Engineering staff numbers, including;
Number of staff
Utilities supported
Development services supported
Capital projects delivered (measured in number and value)
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 8
Use of consultants in delivering capital projects
Recruitment challenges and strategies
Insights into other workload issues such as need to provide customer support services
Organizational structure and how it relates to the group’s success
The cities included in the benchmarking analysis were identified by their location in Washington
State, relative size, and similar support services provided (i.e. utility support). These include:
City Name Population (2018)
Bellingham 90,665
Everett 111,200
Olympia 52,490
Renton 101,379
Vancouver 175,637
It should be noted that there is not a one-to-one correlation with the engineering group at the City
and the engineering groups at the benchmarked cities. Where possible, our team normalized the
information to provide an apples-to-apples comparison. While the number of staff and support
services provided add context to Bremerton’s needs, the true insight of the benchmarking survey
stems from the nature and type of solutions implemented by those contacted.
Summary of conclusions
High-level benchmarking conclusions include:
Bremerton has the fewest Public Works Engineering FTEs compared with peer cities. However,
when normalized for population size Bremerton’s staffing levels are in line with peer cities.
Bremerton has the fewest engineers relative to other engineering staff as compared to peer cities.
Most other cities leverage dedicated construction inspectors.
Bremerton has fewer dedicated transportation and utility staff than most benchmark cities.
Though unique to Bremerton over the last three years, year-to-year staff turnover for Bremerton
has been significantly higher than peer cities during the last few years. Though all cities share
challenges in recruiting new engineering staff.
Staffing Levels Between Cities
Bremerton has the smallest engineering group as measured by FTEs than any other organization
benchmarked. This is shown in Exhibit 6.
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 9
Exhibit 6: Benchmarking Staffing Comparisons
Excluding Olympia, all other engineering groups contained at least 50% more staff than Bremerton.
However, these Cities are universally larger than Bremerton by population size. While certain work
requirements may not change by population size, it is possible that population levels can provide
some indication as to overall level of work required between Cities. Exhibit 7 displays staffing
normalized by population (FTE per 1,000 residents) between each of the selected cities.
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 10
Exhibit 7: Benchmarking Staffing Comparisons Normalized by Population
Using this lens, overall staffing levels in Bremerton come in line with peer cities. However, the type
of staff is different with other Cities having a generally higher percentage of staff as engineers and
dedicated inspectors as compared to Bremerton.
While population is an important qualifier to understand FTE distribution between the comparison
cities, it is only one such factor. Employment in the city, capital project development and other
factors could drive the need for more engineering and support staff as well.
It should be noted that staffing levels among peer cities are approximations provided through survey
work. In many of the peer cities, there are not equivalent roles to those seen in Bremerton. However,
services provided by each role provided enough context for FCS GROUP to approximate.
Utility and transportation staff comparisons
In addition to analyzing overall staffing, FCS GROUP went one level deeper to analyze utility and
transportation staffing levels as well. This is important because while overall staffing levels may
appear similar when normalized for population, the balance of staffing between needs may not be
consistent.
Exhibit 8 shows a similar dynamic to Exhibit 6 above in which Bremerton staffing levels are lower
compared with peer cities.
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 11
Exhibit 8: Utility and Transportation Staff Focused Benchmarking
The ratio for both transportation and utilities employees in Bremerton is slightly less than for most
peer cities when not controlled for population or CIP value. Most peer cities have more utility staff
relative to transportation while Bremerton’s staff is more evenly split.
Note that not every peer city had designated Utility and Transportation staff but instead combined
staff as a group and shared resources. For example, Bellingham reported finding this practice helpful
and more efficient for engineers while still having specific technical staff such as transportation
planners.
Engineers on staff
As noted in the workload survey results in Exhibit 6, Bremerton’s engineering group performs a
variety of functions; not all of which must be performed by an engineer. This includes grant
management, administrative support services, GIS and other data management, and inspections.
The same is true for the benchmarked cities. However, the benchmarking survey looked at the
relative level of engineers as a percentage of all engineering group staff.
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 12
Exhibit 9: Engineers as a Percentage of Engineering Division Staff
Exhibit 9 shows that just over 20% of Bremerton’s engineering group staff are classified as
engineers, the lowest percentage among peer cities. This indicates that the City is more limited in the
engineer resources it can apply to capital project delivery as compared to benchmarked cities.
Taken one step further, the analysis can compare how engineering staff levels compare to the number
of CIP projects managed in a given year.
Exhibit 10: Ratio of Engineers to CIP Projects
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 13
The ratio of engineers to CIP projects is shown in Exhibit 10. The ratio is calculated by dividing the
number of engineers by the number of CIP projects worked on in a given year 1. Bremerton shows
just over 0.15 engineering FTEs per CIP project, the lowest among cities analyzed. CIP data for
Vancouver was unavailable which is why it is omitted in the exhibit.
Use of dedicated construction inspectors
As referred to in Exhibit 3, Bremerton only has dedicated inspectors for development inspections.
Engineering Techs with additional work responsibilities such as GIS management also act as
construction inspectors for capital projects. Exhibit 11 shows the number of staff explicitly dedicated
to capital project construction inspection.
Exhibit 11: Dedicated Construction Inspection Support
In other cities, staff dedicated to construction inspection may be part of a specific and separate
construction inspection group. As shown in Exhibit 11, Bremerton is unique in having no officially
dedicated staff except for the City of Renton. The City of Renton normally contracts out this work.
Cities noted pros and cons to having these dedicated staff. Providing dedicated construction
inspection support means that duties performed by engineering techs such as data management does
1 This data was collected during interviews with each City. As such, the values are best estimates and should
not be taken as the exact number of projects. For Bremerton, values were calculated based on actual time
charged to capital projects in a given year
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 14
not get waylaid during times of construction. However, all Cities with dedicated construction
inspectors noted challenges with fully and effectively utilizing this staff.
Use of consultants for design of capital projects
2018 capital project delivery data from Bremerton showed that about 70% of all of Bremerton’s
projects included some component which had been contracted out to consultants. This puts
Bremerton about in line with many of its peer cities as shown in Exhibit 12.
Exhibit 12: In-House CIP Design and Management Consultant Use
Additional Findings
Regarding consultant use, respondents reported that they tended to contract out transportation
projects while keeping utility projects more in-house due to complexity and reliability of funding.
On-call contracts help several cities navigate the peaks of capital construction activities. Cities
see a trend in relying more on these contracts to help balance workload
Consultant construction management support is generally limited to complex, federally funded
transportation projects. In-house construction management staff are useful but sometimes idle
given the natural valleys of capital project delivery. Resiliency strategies included using
inspection staff to fill asset management data collection backlogs and development inspections.
Several cities reported difficulty keeping up with customer response in transportation. Some
respondents reduced customer response backlog by “filtering” requests and using tracking
software when entering requests. Others hired additional staff, for example, Renton has three
FTEs dedicated to customer response.
Dedicated FTEs and improved filing systems have improved grant management among several
respondent cities.
Each respondent city reported a different organizational structure for transportation. However,
multiple cities have a dedicated transportation planner to address regional coordination, capital
planning and customer requests. Respondents have dedicated, separate engineering groups to
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 15
address such functions as transportation, traffic engineering and transportation development
review.
In discussions with peer cities, all utilities surveyed reported a staff turnover rate of less than 5%
annually. In contrast, since this study began 12 months ago, Bremerton has seen a 40% turnover
rate among staff.
Consultant Use in Capital Projects Assessment
FCS GROUP also analyzed the use of consultants in the design of capital projects. A potential
workload gap that the workload surveys do not show is whether the City is under resourced in its
ability to deliver capital projects. This is partly because the gap in resources can be filled using
consultants. While the City may wish to contract out work due to complexity and liability, it is
deemed inefficient to utilize consultants simply due to a lack of staff resources. This is due to
perceived cost savings from the utilization of in-house resources as opposed to consultant resources.
To perform this analysis, FCS GROUP examined 2018 capital project delivery data provided by
Bremerton. FCS GROUP worked with staff to categorize the data and determine if and when
consultants were used simply due to a lack of staff resources. For this analysis, a use of consultants
only due to a lack of availability of in-house resources is deemed inefficient as this work would
otherwise be performed in-house.
In addition, the City wished to explore if there are potential cost savings through the inefficient use
of consultants due to staff not having capacity to perform design work. This is a difficult value to
quantify because there is no specific case study related to the City projects to say that one delivery
method is more efficient than another. This is especially true when trying to factor in intangibles
such as risk costs.
However, if the analysis assumes that variables such as efficiency and risk costs are equivalent for
these specific projects; then it is possible to simply look at labor costs between delivery methods and
estimate the potential savings therein.
To do this, FCS GROUP utilized a similar analysis completed by the City of Everett and provided as
part of the benchmarking study. Data from the Everett study suggested that design and management
constitute 11% of project cost when this work is done by Everett staff, and that keeping that work in-
house rather than contracting out reduced project management and design costs by about 57%.
Looking at Bremerton’s capital improvement plan, FCS GROUP could parse out potential design
costs for future projects, estimate the number of these projects that would be contracted out due to
staff resource limitations, and thus determine potential cost savings.
As stated in the benchmarking findings, Bremerton is consistent among peer cities regarding its
overall use of consultants with approximately 70% of projects in a given year utilizing consultants
for design work.
Among those projects, 75% were due to the complexity of the project. This means that Bremerton
would likely contract out this work even with adequate resources due to its complexity and/or risk.
Meanwhile, 25% of consultant managed/designed projects were consulted out due to a lack of staff
capacity as mentioned above. Applying the above-mentioned factors from the Everett study, FCS
GROUP calculated potential cost savings if all the consultant use due to time constraints were
brought in house (Exhibit 13).
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 16
Exhibit 13: In-House CIP Design and Management Feasible Cost Savings
These results are a reflection of Bremerton realizing the estimated cost savings potential as indicated
in the Everett study. Realized cost savings will be contingent on how Bremerton uses consultants in
the future based on staff levels and project costs. Since this analysis utilized estimated CIP costs
from Bremerton’s CIP, the results are also contingent on these costs being realized and the projects
continuing to occur per schedule. The cost savings also do not count for the additional cost of adding
staff to perform the new work; so the estimated cost savings will have to offset any new staff costs to
be a net savings to the City.
Using staff survey responses for average time spent on capital project design and management, we
estimate the need to add at least an additional 0.5 engineering FTE’s to design these projects and
achieve the cost savings shown in Exhibit 13. This was calculated using capital project delivery time
estimates provided by staff and applied to the 25% of projects contracted out due to a lack of staff
time.
SUMMARY OF KEY FINDINGS
Based on the above interviews, benchmarking, and data analysis, FCS GROUP has developed an
assessment of the overall workload gap. The analysis has identified this gap by FTEs and position. A
full description of these gaps and the potential FTE impact can be seen in Appendix A.
Since beginning this analysis in 2019, there have been significant staff changes within the
Engineering group (over 70% of staff positions have changed since surveys were conducted).
Exhibit 14 displays shifts among Engineering staff in Bremerton. Changes are detailed in the text
below.
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 17
Exhibit 14: Shifts in Bremerton Engineering Staff
Ned Lever replaced Tom Knuckey as City Engineer, moving up from Utilities Managing
Engineer.
A Civil Engineer II position which was vacant when the project began has been filled by Chris
Dimmitt.
Engineering Technician IV Sheree Janowski has left the City and her position was underfilled by
Transportation Engineering Tech II Billy Morris.
Transportation Engineering Tech III Daniel Kleinman was replaced by Kyle Sanford.
Project Assistant Linda Fulton left the City and was replaced by Noreen Bolo.
Civil Engineer III and Development Lead Paul Wandling was replaced by Vicki Grover as the
head of the development section.
Bill Davis was promoted from Civil Engineer III to Managing Engineer of the Utilities section.
His position was filled by Aaron Couch.
Lynn Gritton was promoted from Engineering Tech IV to Senior Engineering Tech in the
Utilities Section, replacing Montee Geister.
Tim Steinberg was hired in as an Engineering Tech III.
Engineering Tech III Robert Endsley was added to the Utilities Section and is underfilling a Tech
IV position.
Project Manager Gunnar Fridriksson was hired into a new Stormwater PM position.
While workload gaps likely remain, they should be placed within the context of the positions that
have since been revised or filled.
Explanation of workload gap
The final workload gap is identified through three sources:
Staff Interviews: Workload surveys alongside operations staff interviews
Benchmarking: Benchmarked surveys to determine industry best practices
City Engineer Stormwater Project Manager
Tom Knuckey → Ned Lever Gunnar Fridriksson
Development Transportation Utilities
Civil Engineer III Project Assistant Project Assistant
Paul Wandling → Vicki Grover Cathy Bonsell Linda Fulton → Noreen Bolo
Engineering Technician IV Managing Engineer Managing Engineer
Joe Keller Shane Weber Ned Lever → Bill Davis
Engineering Technician IV Project Manager Civil Engineer III
Derek Skanes Andrea Archer-Parsons Bill Davis → Aaron Couch
Engineering Permit Technician Engineering Technician IV → II Engineering Technician Senior
Ben James Sheree Jankowski → Billy Morris Montee Geister → Lynn Gritton
Electronics Technician Engineering Technician IV → III / GIS
Jeff Collins Lynn Gritton → Tim Steinberg
Civil Engineer II Engineering Technician IV → III
Vacant → Chris Dimmitt Tim Steinberg → Robert Endsley
Engineering Technician III Engineering Technician III
Daniel Kleinman → Kyle Sanford Vacant
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 18
Consultant study: Use consultant analysis to determine additional staff needed to manage capital
projects
A detailed table of findings and recommendations (Appendix A) explains gaps and staff needs
identified as well as the reasoning for those findings. Exhibit 15 summarizes staffing needs
identified over the course of this project with the following table definitions:
Row Label Definition
Beginning FTEs FTEs in the Engineering Division at the start of this study as broken down by general staff category
Identified Deficit Total identified FTE gap categorized by staff category and based off of beginning FTEs
Total Potential FTE Need Total FTE need of the group before existing additional hires and other actions to reduce the FTE need are taken in
to account
FTEs Reduced Through
Action
FTE need reduction due to activities such as alternative hires freeing up need and use of technology to reduce total
time required to perform tasks
Revised FTE Need Total estimated Engineering FTE need after potential need reductions are factored in
Existing FTEs Reflecting current FTEs for 2020 including two new positions (Stormwater PM and new Engineering Tech)
Remaining FTE Deficit Remaining FTE need after accounting for new positions
Exhibit 15: FTE Needs and Comparison
Engineers Electronics Tech. Development Inspectors Managers
Eng. Tech / Insp Admin Permit Techs Total
Beginning FTEs 4 1 1 3 5 2 2 18.0
Identified Deficit 3.5 0.6 1 0.1 4.2 0.5 0 9.9
Total Potential FTE Need 7.5 1 2 2 3.1 9.2 2.5 2 27.3
FTE Need Reduction w/ Action 1 0 0 0.1 1.2 0 0 2.3
Revised FTE Need 6.5 1 2 3 8 2.5 2 25
Existing FTEs 5 1 1 3 6 2 2 20.0
Remaining FTE Deficit 1.5 0 1 0 2 0.5 0 5
The originally defined FTE deficit as shown in Exhibit 15 is 9.9 FTEs total for the group. Through
actions such as improved customer request management, Bremerton could potentially reduce this
identified need. After accounting for staff that have been added since the start of the study, the total
final staffing gap is 5 FTEs.
Further explanation of the identified workload deficit and ways to reduce this deficit can be found in
Appendix A. Exhibit 16 summarizes these findings.
2 Need to be filled outside of Engineering
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 19
Exhibit 16: FTE Estimates Summarized
FTE Need
Estimate
Filling the estimated need
1.5 Engineer FTE
1 FTE is stemming from capital delivery needs; it is recommended that this staff member have cross-
utilization between Utilities and Transportation. 0.5 FTE is stemming from additional Transportation
Planning support needs.
1 Development Insp.
FTE
Stemming from identified workload and redundancy gap in performing development inspections.
Recommended filling peaks in workload with capital project construction inspection support
2 Engineering Tech /
Inspector FTE
1 FTE stemming from identified workload gap in construction inspection. Recommended that this staff
member serve as a construction inspector across Utilities and Transportation with potential to assist in
development inspection during times of peak workload. Recommend filling this role within 1-2 years.
1 FTE stemming from potential gap in customer response. Recommend revisiting this gap after
following customer response recommendation in Appendix A.
0.5 Admin
This need is estimated based on Engineering taking on stormwater program responsibilities previously
provided by administrative / technical support in another department. Recommend filling this gap with 1
admin FTE
Additional staffing recommendations and context
Electronics Tech Support
There is a gap of at least 0.5 FTE of support required from an electronics technician to meet
identified signal maintenance not currently supported by the existing electronics technician within
Engineering. Staff have mentioned that this gap will be filled outside of Engineering.
Additional Development Engineering Support
Not mentioned within the 5 FTE gap is the recommendation to add temporary development
engineering support to address the current high workload and accommodate onboarding the newly
hired Development Engineer. The City is currently doing this through a consultant. Once the new
development engineer has been fully onboarded, the group should reconsider the workload
requirements of development engineering to determine long-term staffing needs.
Staff changes currently lowering work capacity
Overall, the high level of staff changes (approximately 70% of staff positions have changed since the
beginning of this analysis) means that work capacity today may be lower than originally estimated as
new staff are onboarded and other staff provide training. During this period of onboarding the group
may find reduced capital project delivery and administrative support capacity though this was not
studied. Reconsidering needs such as those of admin staff may be required once all staff are at full
capacity within their positions.
Documentation gaps masking full development inspection needs
It will also be important to reconsider the long-term development inspection resource requirements
over time. Currently development inspection workload is not documented electronically. This makes
it impossible to fully estimate the appropriate FTE level for development inspectors. As Bremerton
moves towards more documentation of the work requirements here, the City should revisit the
necessary staffing levels for this position.
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 20
Reducing staff silos will increase effective utilization
For FTE gaps in developer and construction inspection, consider cross training between development
and construction inspection as well as between utilities and transportation. Such cross training was
mentioned as beneficial in fully utilizing inspectors by peer cities in the benchmarking analysis.
Similarly, explore cross training engineering staff between transportation and utilities to best utilize
new staff. This could help Bremerton temper natural peaks and valleys in workload.
Firm Headquarters Locations page 1
Redmond Town Center Washington | 425.867.1802
7525 166th Ave NE, Ste D-215 Oregon | 503.841.6543
Redmond, Washington 98052 Colorado | 719.284.9168
APPENDIX A – DETAILED RECOMMENDATION TABLE
ID Source Finding Details LOE Deficit Important Considerations / Action
Eng. FTE
Gap
1 Workload
Survey
Data stewardship not
adequately completed
by group
As-built management not completed at
end of projects. Easement data
management incomplete, GIS data
management incomplete. Estimated at
50% of current time spent on asset
management activities
0.5 FTE -
Engineering
Tech
Follow ID 5 for additional construction
management support to free up staff
time for data stewardship.
N/A
2 Workload
Survey
Customer response
requires significant staff
time. Data shows
backlog in response.
Customer response requires
approximately 2 FTEs including 1/3 of a
manager FTE. Staff and data suggest
that only 25% of customer response
backlog completed in desired timeframe.
1.7 FTE -
Engineering
Tech
Improved tracking and filtering of
customer requests will likely reduce this
overall FTE need. Conduct LEAN
process to improve efficiency and
establish service levels for responding
to customer complains
1 FTE (Note,
1 Eng. Tech
added since
start of study)
3 Workload
Survey
Required signal
maintenance not
happening per schedule
leading to deferred
inspections
Preventative maintenance being
delayed. Maintenance delay at
approximately 1,128 hours annually or
0.6 FTEs
0.6 FTE
Electronics Tech.
Add additional signal maintenance
capacity to perform preventative
maintenance or contract out
preventative maintenance work
N/A as this
gap must be
filled outside
Engineering
according to
staff
4 Benchmarking
Traffic Engineer and
Transportation Planner
roles are combined
Workload assessment suggests
transportation planning activities gap at
approximately 0.5 FTE of engineering
time. This is due to combined staff duties
for traffic engineering and transportation
planning. Benchmarking findings confirm
that this is not common practice.
0.5 FTE -
Engineer
Gap could be fulfilled by either freeing
up existing transportation manager time
through, for example, reduction in time
spent on capital projects. Alternatively,
Bremerton can consider separating
roles of traffic engineer and
transportation planner
0.5 Engineer
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 2
ID Source Finding Details LOE Deficit Important Considerations / Action
Eng. FTE
Gap
5
Benchmarking /
Workload
Survey
Dedicated construction
inspection time under-
resourced
Construction inspection currently
performed by engineering techs with
additional non-inspection responsibilities.
During periods of heavy construction
these additional responsibilities are not
completed at estimated cost of 1 FTE
worth of work.
1 FTE – Tech
(Inspector)
Add additional inspection FTE to group.
Consider having construction inspector
cross-utilized between transportation,
utilities, and development to ensure full
utilization.
1
Construction
Inspector
6 Workload
Survey
Wastewater treatment
plant staff managing
capital projects.
Operations staff at the treatment plant
currently manage treatment plant capital
projects. This includes 2 FTEs of
maintenance staff, 0.7 FTE of operations
staff, and 0.5 FTE of manager time. Up
to 3.2 FTE of time may be spent on
physical construction.
0.5 FTE – Tech
(Inspector)
0.5 FTE -
Engineer
If Bremerton decides to move some or
all of capital project support to
Engineering group, additional FTEs
required per deficit. Perform more
detailed workload need based on
upcoming CIP with treatment plant
staff. Assumes here continuing to
utilize treatment plant staff for
construction inspection.
0.5 Engineer
7 Workload
Survey
Operations staff
currently managing
stormwater capital
projects
Based on public works interviews,
operations staff managing stormwater
capital projects with 0.5 FTE of
inspection support, 0.7-1 FTE of
engineering support, and 0.5 FTE of
administrative support.
0.5 FTE – Tech
(Inspector)
1 FTE - Engineer
0.5 FTE - Admin
Assumes City moving all of capital
project support to Engineering group.
Since start of project, stormwater
engineer has been hired and additional
Tech position has been opened.
0.5 Admin
8 Workload
Survey
Full project reviews not
taking place by
managers
Managers and engineering staff describe
missed 30/60/90 reviews due to time
constraints. Filling this need is a small
FTE requirement of 200 hours annually
0.1 FTE -
Manager
Following other recommendations such
as ID 2, ID 4, ID 5 and ID 9 may free up
sufficient time to make additional
actions unnecessary.
N/A
9 Capital Project
Study
Bremerton utilizing
consultants due to lack
of engineer resources
Future CIP projections and historical use
of contractors estimates 0.5 FTE of
additional engineering time needed to
move outsourced design work back in
house.
0.5 FTE -
Engineer
Add additional engineer resource at 0.5
FTE if Bremerton desires to move
additional work in-house that is
currently outsourced due to time
constraints
0.5 Engineer
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 3
ID Source Finding Details LOE Deficit Important Considerations / Action
Eng. FTE
Gap
10
Benchmarking /
Workload
Survey
Inspector workforce
redundancy at risk
There is currently only one dedicated
development inspector for engineering.
There is little flexibility based on current
workload to backfill this role in case of a
vacancy. Alongside perceived gap in
inspector resources (see ID 11) - an FTE
need exists. Benchmarking survey
shows Bremerton has far fewer
inspectors as compared to similar cities.
1 FTE –
Development
Inspector
Add additional development inspector.
Consider cross-training inspector to
enable picking up of capital project
inspections during periods of heavy
construction for full resource utilization.
1 Inspector
11 Workload
Survey
Inadequate
documentation of
inspection requirements
and workload
Processes and procedures for
development inspections are not
recorded, leading to perceived
inconsistencies in inspections, missed or
incomplete inspections and
miscommunication regarding existing
inspection work requirements. This
means an unknown deficiency in
inspector resources exists
N/A
Revise documentation and tracking
requirements to better determine
inspection work needs and track work.
Consider using existing software
available to development group.
N/A
12 Workload
Survey
Development group
facing short-term
engineer deficit
Due to staff turnover and training needs,
the development group in Engineering is
facing a backlog of work and staff
shortage. Long-term staff deficit can be
determined more clearly once staff fully
onboarded.
1 FTE - Engineer
Utilize existing on-call contract to retain
temporary engineering support for
developer engineer until backlog
stabilized and onboarding complete.
Then revisit workload gap.
N/A
Firm Headquarters Locations page 1
Redmond Town Center Washington | 425.867.1802
7525 166th Ave NE, Ste D-215 Oregon | 503.841.6543
Redmond, Washington 98052 Colorado | 719.284.9168
APPENDIX B: BENCHMARKING SURVEY
TEMPLATE
CORE COMPARATIVE INFORMATION
Transportation Development Utilities* Other
Engineering
Staff Levels:
Managers
Senior Engineers
Engineers
Technicians
Admin Support
Others
CIP:
$ / Year
% Complete / Year
Avg. # projects
# Federal grant project.
*Utilities: Please list the utilities supported by the engineering group:
1. _________________________________________________
2. _________________________________________________
3. _________________________________________________
4. _________________________________________________
Please briefly describe the organizational structure of your engineering group:
In the table below, please estimate the number of FTE’s dedicated to these activities:
Activities Transportation Utilities Development Other
CIP – Project Management
CIP – Design
CIP – Const. Management
Master Planning
Development Permits
Development Inspection
Customer Request
Response
Other – Please briefly
describe the “Activity”
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 2
Workload Gaps and Responsibilities
What action are you most proud of in your organization that helps minimize the gap between
available in-house resources and work requirements for your group?
Using the table below, please describe the types of activities that you feel currently “fall through
the cracks” due to a gap in in-house resources:
Gap Description Action Taken to Address Gap
Activities
Asset Management
Quality Control
CIP Delivery (# Projects Delivered)
Asset Onboarding
System Planning
Other
Are there particular solutions you have tried to address the workload gap that have not worked
in your organization?
Use of Consulting Resources
What % of CIP projects are contracted out ($):
Design
Construction management
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 3
How do you determine which projects are to be contracted out vs. designed in house?
What works / does not work about your current use of contracting resources? Do you feel that
this is the least cost delivery method?
Has your strategy changed in using contracting resources over the past ten years? If so, why?
Does your operations staff manage capital projects? If so, why?
Work Structure for CIP
Please describe your staffing structure for delivering CIP projects. In particular:
• Do staff engineers also serve as construction managers / inspectors?
• Who primarily manages grants?
• Who is responsible for closing out a project?
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 4
Why is it structured this way? What does / doesn’t work about this?
How do you manage engineering workload peaks and valleys (for example, between design and
construction)?
Staffing Levels
How satisfied are you with current staffing levels?
What are your biggest challenges to achieving desired staffing levels?
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 5
What are some actions you are proud of that have helped to more fully staff your engineering
group?
Are there particular work activities (outside of CIP support) that take a significant amount of staff
time? For example: Training, customer response, data entry, asset onboarding, plan/standards
updates
What are your strategies for managing “one off” work requests such as customer inquiries?
What are some challenges you see facing cities of your size in the coming years that would
prevent meeting your desired staffing levels? What are you doing today to address these
challenges?
City of Bremerton FCS GROUP Memorandum
Engineering Workload Study
page 6
g y
Recruitment
Has your organization faced challenges in recruiting engineering staff?
If so, how has your organization overcome these challenges?
Thank you for completing this survey.
Survey prepared in cooperation with FCS GROUP
Form Created 5/4/15
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Legal Department/City Attorney
Staffing Requests
Study Session Date: April 28, 2021
Presenter: Roger Lubovich
Gary Hersey
Phone: 360.473.2345
SUMMARY: The City Attorney’s office is seeking to increase Prosecution’s Legal Assistant position
from a part time to a full-time position. The City Attorney’s office is also requesting to add a full-time
Legal Assistant position in the Civil division to assist the City Clerk with public records and other
functions, as well as providing assistance with litigation and contract review.
HANDOUTS: Powerpoint
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
B3
CITY ATTORNEY
STAFFING REQUESTS
STAFFING REQUESTS BREAKDOWN
Civil Division
Add one full time Legal Assistant position to:
Assist City Clerk with public records.
Perform other various legal assistant duties.
Prosecution
Increase part-time Legal Assistant position to full-time
position.
CIVIL DIVISION
Current Staffing Levels
Roger Lubovich, City Attorney
Mychael Raya, Assistant City Attorney
Brett Jette, Assistant City Attorney
Melisa Vaal Folmer, Risk Management Specialist
Angela Hoover, City Clerk
Stephanie Olson, Legal Assistant
CIVIL DIVISION
CONTRACTS
2015: 208
2016: 206
2017: 292
2018: 314
2019: 427
2020: 388
2021: 150
(As of April 27, 2021)
2021 Projected: 400+
NUISANCE PROP.
2020
1 property
2021
7 properties
LITIGATION
2021
Lawsuits: 9
RALJ Appeals: 2
CIVIL DIVISION
Legal Assistant duties include:
Provides litigation and administrative support.
Logs and monitors work requests and contracts.
Reviews insurance documents for contracts.
Drafts and reviews ordinances, resolutions, agenda bills, office forms, pleadings and correspondence.
Prepares and submits claims for monthly bills and credit card statements and generates monthly budget statements.
Maintains case management system.
Assists with maintenance, retention, and destruction of files.
Assists with responding to public records requests.
Assists with budget process.
Monitors and orders office supplies.
Assist and back-up Risk Management and City Clerk.
RISK MANAGEMENT
TORT CLAIMS
2015: 39
2016: 31
2017: 30
2018: 32
2019: 44
2020: 36
2021: 8
(As of April 23, 2021)
CITY PROPERTY
DAMAGE
2015: 56
2016: 77
2017: 75
2018: 91
2019: 107
2020: 101
2021: 33
(As of April 23, 2021)
WORKER’S
COMPENSATION
2015: 33
2016: 27
2017: 34
2018: 37
2019: 35
2020: 15
2021: 8
(As of April 23, 2021)
CITY CLERK
PUBLIC RECORDS REQUESTS
2015: 153
2016: 223
2017: 241
2018: 675
2019: 395
2020: 334
2021: 156 (As of April 27, 2021)
PROSECUTION
Current Staffing Levels
Gary Hersey, City Prosecutor
Maureen McKeeman, Assistant City Prosecutor
Kari Mann, Legal Assistant
Jennifer Boynton, Records Clerk/Legal Assistant (Part-
Time)
PROSECUTION
Filings
2016: 1289
2017: 1342
2018: 1296
2019: 1762
2020: 1564
2021: 1720
(projected)
Hearings
2016: 10,006
2017: 10,321
2018: 10,630
2019: 11,596
2020: 14,316
2021: 17,348
(projected)
Future Needs
•ESB 5476 (Makes simple possession a Misdemeanor): If passed, this will increase criminal filings at least 200 cases per year and will create substantially more hearings.
•COVID trial backlog.
•Increase in out-of-custody referrals.
•Back-up for Kari Mann.
•Increased victim/witness contact needed.
PROSECUTION
Legal Assistant duties include:
Assist in all phases of litigation.
Review police reports/open criminal referrals/coordinate with County
Prosecutor’s Office for “drop downs” and “bump ups”.
Victim/Witness interviews/coordination.
Connect victims with services and domestic violence resources.
Coordinate with insurance companies.
Prepare draft legal documents at prosecutor request.
Work with Bremerton Police Department and other agencies.
Obtain Court records and criminal history reports.
Close and scan all completed cases for record retention purposes.
Coordinate follow-up requests related to pending investigations and ensure timely compliance with discovery requests and obligations.